Policy Explorer: “accessory dwelling”

For the purpose of this chapter, and the interpretation and enforcement thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

Accessory structure means a non-habitable building which is on the same parcel of property as the principal building to be insured and the use of which is incidental to the use of the principal building.

Act means an act in relation to the regulation of the rivers, lakes and streams of the State of Illinois (615 ILCS 5/5, et seq.).

Applicant means any person, firm, corporation or agency that applies for a floodplain development permit.

Appropriate uses means only uses of the designated floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in section 10-6(2). ASCE means American Society of Civil Engineers.

Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year. The base flood is often referred to as the 100-year flood.

Base flood elevation (BFE) means the height in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified) of the crest of the base flood. Application of the BFE at any location shall be as defined in section 10-4.

Basement means any area of the building, including any sunken room or sunken portion of a room, having its floor below ground level (subgrade) on all sides.

Building means a walled and roofed building, including gas or liquid storage tank that is principally above ground, including manufactured homes and prefabricated buildings.

The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days in any calendar year.

Channel means any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or man-made drainage way, which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.

Channel modification means an alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, rip-rapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of native vegetation from the bottom or banks. Channel modification does not include the clearing of dead or dying vegetation, debris, or trash from the channel.

Channelization is a severe form of channel modification involving a

In addition to the requirements found in section 10-5, section 10-6, and section 10-7 for development in flood fringes, designated floodways, and floodplains where no floodways have been identified, the following requirements shall be met.

(1) Public health and other standards.

a. No developments in the floodplain shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the FPE unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of section 10-8(3).

b. Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.

c. Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

d. New and replacement water supply systems, wells, sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the FPE are watertight. New and replacement on-site sanitary sewer lines or waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.

e. All other activities, defined as development, such as pools, fences, filling, paving, etc., shall be designed so as not to alter flood flows or increase potential flood damages.

(2) Carrying capacity and notification of adjacent communities.

a. For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained.

b. In addition, the village shall notify adjacent communities in writing 30-days prior to the issuance of a permit for the alteration or relocation of the watercourse.

(3) Protecting buildings.

a. In addition to the damage prevention requirements in section 10-5(2) and section 10-6(2) of this chapter, all buildings located within a floodplain, shall be protected from flood damage below the FPE. This building protection criteria applies to the following situations: 1. New construction or placement of a new building or alteration or addition to an existing building valued at more than $1,000.00 or 70 square feet. 2. Substantial improvements, including any combination of alteration, repair, rehabilitation, reconstruction, addition, or other improvements made to an existing building that equal or exceed the market value by 50 percent, or that increase the floor area by more than 20 percent. Alteration shall be figured during the life of the building.

If substantially improved, the existing building and the addition must meet the flood protection standards of this section. 3. Any repairs made to a substantia

The regulations listed below must be met to obtain and retain a home occupation business certificate.

The village is not opposed to the development of a business which starts as a small home occupation providing that the home occupation does not impinge upon the rights and privileges of the abutting and adjoining homeowners and, further, that the home occupation is conducted in such manner that it does not change in any way the neighborhood atmosphere of an R-1, R-2 and R-3 residential district. The following criteria shall be met by all home occupations:

(a) Home occupations in all residential districts shall be considered as a revocable special use when such home occupation impinges upon the rights and privileges of the residential district in which it takes place. No more than two business licenses can be issued to a single residential dwelling.

(b) A home occupation shall be any business or occupation carried on by a member of the immediate family residing within the dwelling unit.

(c) The home occupation shall be incidental and secondary to the use of the dwelling unit for dwelling purposes and shall not occupy more than one quarter of the total floor area of any story, cellar, basement or accessory structure of the dwelling unit.

(d) There shall be no signs, advertising, display or activity that will indicate from the exterior that the building is being used, in part, for any purpose other than that of a dwelling.

(e) Media advertising shall be limited to name, occupational specialty, an office mail drop or post office box, and telephone number and shall specify that personal contact is by appointment only. The address of the dwelling unit shall not be used in any advertising.

(f) No commodities shall be sold on the premises except preordered merchandise. Such merchandise shall be limited to specialty goods and services only and shall not include general merchandise.

(g) There shall be no commodity sold or services rendered that require receipt of delivery of merchandise, goods, or equipment by other than a passenger motor vehicle, three-quarter ton, step-up van, or by United States letter carrier mail service.

(h) The home occupation shall be conducted by members of the immediate family only, except that one additional employee may be utilized upon a conditional basis, i.e., accountant, secretary, draftsman, etc., but not on a full-time basis.

(i) All activity including storage shall be conducted completely within the dwelling unit or accessory structure and in no case shall there be visible outside storage of goods, supplies or equipment.

(j) There shall be no perceptible noise, odor, smoke, electrical interference or vibration emanating from the structure in which the home occupation functions.

(k) No mechanical or electrical equipment shall be used except such as is permissible for purely domestic or household purposes except that small business office equipment is permissible such as typewriters, calculators, etc.

(l) A pr

For the purpose of this article, and the interpretation and enforcement thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.

Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a non-profit entity.

Employer means a person, business, partnership, association, or corporation, including a municipal corporation, trust, or non-profit entity that employs the services of one or more individual persons.

Enclosed area means all space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

Enclosed or partially enclosed sports arena means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

Gaming equipment or supplies means gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code.

Gaming facility means an establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

Healthcare facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. "Healthcare facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within he

Unless the context specifically indicates otherwise, the meaning of terms in this article shall be as follows:

(1) Administrator: The administrator of the United States Environmental Protection Agency.

(2) Approving authority: The Village of Alsip.

(3) Basic user charge: The basic assessment levied on all users of the wastewater collection system for the cost of operation and maintenance plus replacement.

(4) Biochemical oxygen demand (BOD): The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Centigrade, expressed in milligrams per liter.

(5) Building drain: That part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer or other approved point of discharge, beginning five feet (1.5 meters) outside the inner face of the building wall.

(6) Building sewer: The extension from the building drain to the public sewer or other place of disposal.

(7) Combined sewer: A sewer which is designed and intended to receive wastewater, storm, surface, and groundwater drainage.

(8) Commercial user: A user of the wastewater collection system including transient lodging, retail and wholesale establishments or places engaged in selling merchandise, or rendering services.

(9) Control manhole: A structure located on a site from which industrial wastes are discharged. Where feasible, the manhole shall have an interior drop. The purpose of a control manhole is to provide access in order to measure and/or sample discharges.

(10) Debt service charge: The amount to be paid each billing period for payment of interest, principal and coverage of loans, bonds, etc., outstanding, which are applicable to the sanitary sewer system. This charge shall be computed by dividing the annual debt service by the number of users connected to the wastewater collection system.

(11) Director: The director of the Illinois Environmental Protection Agency.

(12) Easement: An acquired legal right for the specific use of land owned by others.

(13) Effluent criteria: Defined in applicable NPDES permit.

(14) Federal act: The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended by the Federal Water Pollution Control Act Amendments of 1972 (Pub. L. 92-500 and Pub. L. 93-243).

(15) Federal grant: The U.S. government participation in the financing of the construction of treatment works as provided for by Title II—Grants for Construction of Treatment Works of the act and implementing regulations.

(16) Floatable oil: Oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable fat if it is properly pretreated and the wastewater does not interfere with the collection system.

(17) Garbage: Solid wastes from the domestic and c

(a) Generally. The maximum size permitted for a garage and/or carport is 24 feet by 26 feet by 16 feet (height) or such size as determined by the building commissioner in accordance with the provisions of the Village Zoning Ordinance, Article 3, Section 102. Such determination must be submitted to the village board of trustees in writing and approved by the board of trustees at a regularly scheduled meeting.

The maximum height permitted with the use of a gambrel (barn-type) roof is 13 feet.

(b) Multiple garage units. Multiple garage units built for multifamily dwellings shall conform to this article, except section 6-283(a) maximum size, generally, which shall be recommended by the building department with advice and consent of the board.

(c) Effective January 1, 2005, any accessory building greater in size than 24 feet by 26 feet by 16 feet (height) shall require a certified set of building plans with among other items the seal of a registered state architect or structural engineer.

(Ord. No. 78-1-6, § 2, 1-3-78; Ord. No. 79-8-1, § 1, 8-6-79; Ord. No. 83-6-3, § 1, 6-20-83; Ord. No. 92-10-1, §§ 1, 2, 10-5-92; Ord. No. 2004-10-13, § 1, 10-18-2004)

(a) Except as it may be the responsibility of every occupant under section 6-336, every owner shall keep the buildings, yards, courts, garages, fences and accessory structures in a safe and sanitary condition, clean and free from any accumulation of dirt, filth, junk, rubbish, garbage, stagnant water or similar matter; from vermin or rodent infestation; and from materials or conditions of maintenance which tend to encourage or support such infestation or such accumulation.

(b) No owner or other person shall occupy or let to another person any dwelling unit, unless it and the premises are clean, sanitary and fit for human occupancy and have complied with all applicable legal requirements of the village.

(c) Janitorial service. The owners of multiple dwelling units, condominiums and/or condominium associations shall provide qualified ongoing maintenance and janitorial service.

(d) Owners of multiple dwelling units, condominiums and/or condominium associations shall maintain all public areas within the building. All corridors, exit ways, stairways and stairwells, basements and areas under stairwells must be kept clean and cleared of any debris, rubbish or any objects which would hinder movement in those areas or produce a health and fire hazard. All carpeting or time must be kept in good repair and walls and ceilings must be kept clean and in good repair.

(Ord. No. 82-3-2, § 1, 3-1-82; Ord. No. 92-7-5, § 1, 7-20-92)

(a) Every occupant of a dwelling unit shall keep that part of the dwelling, dwelling unit, yards, courts, garages, fences and accessory structures which he occupies or over which he has exclusive possession and right of control, in a safe and sanitary condition, clear and free from any accumulation of dirt, filth, junk, rubbish, garbage, stagnant water or similar matter; from vermin or rodent infestation; and from materials or conditions of maintenance which tend to encourage or support such infestation or such accumulation.

(b) The occupant shall not place on the premises any material which causes a fire hazard or otherwise endangers the health or safety of any resident in the building. All inflammable liquids are not allowed on the premises. The occupant must not let rags and papers accumulate. All extra furniture, tables and household items should be stored in storage rooms provided by the building owner. There should be no storage in hallways or under stairs, on stairs, in lobbies, vestibules or exit ways.

(c) Every occupant of a dwelling unit shall keep all plumbing, heating and ventilation fixtures therein in a clean and sanitary condition; and shall be responsible for the exercise of reasonable care in the proper use and operation thereof, and for the safe and proper operation of electrical fixtures and convenience outlets in such dwelling unit.

(Ord. No. 82-3-2, § 1, 3-1-82; Ord. No. 92-7-5, § 1, 7-20-92)

(a) Single-family. The fee for building permit, to erect a single-family residence (dwelling), will be charged at the rate of $10.00 per $1,000.00 per estimated cost of construction.

(b) Multiple-family, condominiums. The fee for a building permit, to erect multiple family or condominium type of building, will be charged at the rate of $10.00 per thousand dollars of estimated cost of construction.

(c) Residential-room addition/remodeling. The fee for a building permit, to erect a residential room addition and/or remodeling, will be $100.00 plus inspection fee.

(d) Residential—Garages. The fee for a building permit to erect a garage in a residential district will be $100.00 plus inspection fees.

(e) Residential—Storage or accessory building. The fee for a building permit, to erect a storage shed or accessory building in a residential district, will be $100.00 plus inspection fees.

(f) Residential—Fence. The fee for a building permit to erect a fence in a residential district, will be $50.00 plus inspection fee.

(g) Residential—Swimming pools. The fee for a building permit, to erect an above ground swimming pool, will be $100.00 plus inspection fee. A swimming pool below ground will be $200.00 plus inspection fee.

(h) Demolition. The fee for building permit to demolish a building in a residential district will be $100.00 plus $20,000.00 Bond.

(i) Excavating or landfilling. The fee for a building permit, for site clearing, excavating, or landfilling, shall be charged at the rate of $10.00 per $1,000.00 of estimated cost of such excavating or landfilling plus inspection fees.

(j) Firepits/recreational fires. No permit fee required. Must be located at least five feet from property line. Must be U.L. approved.

(k) Generators. Permit fee determined by building commissioner.

(l) Hot tubs/spas. The fee for a permit to install a hot tub/spa shall be $75.00, plus a separate permit fee of $90.00 for electrical/hot tub.

(m) Lawn sprinkler. The fee to install a lawn sprinkler is $150.00.

(n) Pod. The fee for locating a pod shall be $30.00 for up to 30 days, $60.00 for between 31 and 60 days. A $500.00 deposit will be required.

(o) Retaining wall. The fee for a permit to install a retaining wall is $150.00 if the wall is three feet or less in height, $275.00 if height in excess of three feet.

(p) Tent. A fee for the installation of a tent shall be $50.00 if 401 square feet or more in area. Plans must be submitted to the building department. No permit fee if 400 square feet or less in area.

(q) Air conditioning replacement. The fee for a permit to install a replacement air conditioner shall be $100.00.

(r) Water heater. A permit fee to install a hot water heater is $100.00. One inspection required.

(s) Electrical service.

Fees in excess of 1,000 amperes are computed on the basis of the rating of the service disconnects, pro

(a) Single-family. There shall be a minimum of four inspections, $50.00 per inspection, on a single-family residence (dwelling) and the inspection fees are to be charged at the time of issuance of a building permit as follows:

Fees Minimum Building inspection .....$200.00 Electrical inspection .....200.00 Plumbing inspection .....200.00

(b) Hotel, motel, multiple-family and condominium type buildings: There shall be a minimum of four inspections per unit at $50.00 per inspection, required on all multiple unit type buildings and the inspection fees are to be charged at the time of issuance of a building permit as follows:

Fees Minimum Building inspection .....$200.00 Electrical inspection .....200.00 Plumbing inspection .....200.00

(c) Permit fees for a residential, room addition and/or remodeling shall be $50.25 plus inspection fees with a minimum of two inspections at $50.00 per inspection and are to be charged at the time of issuance of a building permit as follows. Electrical and plumbing inspection fees are not applicable if no electrical or plumbing are installed.

(d) Residential—Inspection fees, per inspection .....$50.00

(e) Residential—Storage accessory building inspection fees, per inspection .....50.00

(f) Residential—Swimming pools inspection fee, per inspection .....50.00

(g) Building permit fees for residential repair, including roofing, siding, decks, porches, patios, fencing, walkways, and maintenance shall be $50.00 plus inspection fee.

(Ord. No. 79-8-3, § 2, 8-6-79; Ord. No. 89-5-2, § 2, 5-1-89; Ord. No. 2002-3-1, § 2, 3-4-2002; Ord. No. 05-12-2, § 2, 12-5-2005; Ord. No. 2014-5-3, § 2, 5-19-2014;

Ord. No. 2014-8-2, § 2, 8-18-2014; Ord. No. 2014-9-1, § 2, 9-2-2014; Ord. No. 2022-11-1, § 1, 11-7-2022)

A.   Residential Parking Guidelines:

RESIDENTIAL

B.   Commercial Parking Guidelines:

COMMERCIAL

COMMERCIAL

COMMERCIAL (cont.)

COMMERCIAL (cont.)

C.   Industrial Parking Guidelines:

INDUSTRIAL

D.   Community, Educational, And Civic Parking Guidelines:

COMMUNITY, EDUCATIONAL AND CIVIC

COMMUNITY, EDUCATIONAL AND CIVIC

Traditional Neighborhood Developments are intended to provide current residents and future residents with the opportunity to reside in pedestrian friendly neighborhoods that incorporate a mixture of uses. Included in this mixture of uses are a wide variety of housing options including single-family, duplexes, townhomes, apartments, and accessory dwelling units. The following standards are intended to guide the development community on the various design standards that should be followed when proposing a Traditional Neighborhood Development:

A.   Mixed Use: TND developments should integrate a mix of uses ranging from single-family, duplexes, townhomes, apartments, accessory dwelling units, and commercial/office, civic, religious, and open space.

B.   Density: Generally, traditional neighborhood developments should incorporate a density range between five (5) to twelve (12) units per gross acre. This density range provides for opportunities for single-family, duplexes, townhomes, apartments, court-yard homes, apartments, accessory dwelling units, and commercial.

C.   Pedestrian Sheds: TND's should be designed within a quarter mile perimeter or a fifteen (15) minute walking area in order to create a pedestrian friendly, compact, and intimate neighborhood feel.

D.   Interconnected Streets: Streets design within a TND should be designed in an interconnected manner and cul-de-sacs are discouraged unless the topography requires them.

E.   Blocks: Block length should have a maximum length of five hundred feet (500') and a block perimeter should be limited to a maximum of one thousand six hundred feet (1,600').

F.   Parking: Garage should be located to the rear of the homes. Either alleys, motor courts, detached garages or garages setback at least twenty feet (20') from the front building line shall be permitted. Street parking is encouraged, and on-street parking can be counted towards any required parking as outlined in this title for traditional neighborhood developments.

G.   Building Design:

1.   Traditional neighborhood development buildings should be front loaded with a maximum build-to-line of ten feet (10') in the front adjacent to any right of way. Structures should incorporate prominent entrances that are centrally located along with a balanced window pattern. Rooflines should incorporate simple lines and excessive use of gables is discouraged. Roof slopes should incorporate a minimum of 8/12 slopes, unless the design style dictates a lower slope (Prairie, Craftsman,). Single-family homes are encouraged to incorporate a usable porch in front of the house with minimum of eight foot (8') width and if privacy is a concern, porches should be elevated.

2.   While simple traditional design is encouraged, no architectural style is mandated within these standards. The most important design element is the creation on an intimate streetscape which dictates a sense of enclosure between the street, parkway trees, front setback/and front elevation

Unless specifically defined below, words or phrases in this chapter shall be interpreted giving them the same meaning as they have in this code and in common usage and to give this chapter its most reasonable applications.

A.   Location: Accessory buildings may be attached or detached from the principal building. Accessory uses may be within an accessory building or within the principal building. Detached accessory buildings, structures or uses may be in the rear yard or interior side yard of any zoning district as follows:

1.   If located outside the Downtown Form Based District or a Traditional Neighborhood Development, detached accessory buildings or structures shall not be placed within five feet (5') of any rear or interior side lot line and shall not be located within an easement.

2.   If located within the Downtown Form Based District or a Traditional Neighborhood, detached accessory buildings shall not be placed within three feet (3') of any side yard setback. All accessory buildings or accessory uses shall comply with the front yard and corner side yard setback requirements of the zoning district in which they are located. Accessory buildings, or accessory uses attached to or established within the principal building or structure shall comply with the rear yard and interior side yard setback requirements of the zoning district in which they are located. Detached accessory buildings, structures or uses may be in the rear yard or interior side yard in accordance with division A of this section.

B.   Height Limits: All accessory buildings or accessory uses shall comply with the height limits of the zoning district in which they are located. Detached garages and storage sheds in residential districts shall not exceed fifteen feet (15') in height unless located in the Traditional Development Neighborhood. Height of accessory structures in the Traditional Neighborhood Development shall be determined on a case by case basis after recommendation by the planning and zoning commission and approval by the village board.

C.   Bulk And Density Regulations: All accessory buildings or structures shall be included in the computations for floor area ratio, maximum lot coverage, and maximum impervious surface coverage. The minimum floor area per dwelling unit shall not include accessory buildings or accessory uses.

D.   Percentage Of Yard Occupied: Detached accessory buildings shall comply with maximum lot coverage and maximum impervious area coverage requirements outlined in this title.

E.   Sequence Of Construction: No accessory building, structure or use shall be constructed or established prior to the principal building, structure, or use on the lot.

F.   Existing Accessory Buildings: Accessory buildings lawfully existing or permitted on or before the adoption of this title shall be regulated as a legally nonconforming use.

G.   Accessory residential units or what is commonly known as a coach house, granny flat, in-law apartment, shall be a special use permit and permitted only in the Downtown Form Based Code District or a Traditional Neighborhood Development. (Ord. 19-12-43, 1-13-2020)

Generally, a home occupation is defined as an incidental and accessory use to the primary residential use. The following standards are to ensure that the home occupancy is compatible with the neighborhood and has no negative externalities on adjacent properties.

A.   Location: A home occupation may be conducted in any dwelling unit or in any building or structure accessory to the dwelling unit in any zoning district in which dwelling units are permitted. The building in which the home occupation is located shall be subject to the regulations of the zoning district in which it is located.

B.   Operation:

1.   Only residents who occupy the residence shall be permitted to operate a home occupancy.

2.   All activities related to the operation of a home occupancy shall be restricted to take place within the residence. Outside activity or the use of an accessory structure other than storage shall be prohibited.

3.   Outside storage, outdoor display, or outdoor use of land is prohibited.

4.   The home occupation shall not generate noise, vibration, glare, fumes, odors, electrical interference, or garbage beyond which normally occurs in the zoning district or planned development in which it is located.

C.   Extent And Effect:

1.   A home occupation shall be limited in extent and shall be incidental and secondary to the use of the property and shall not occupy more than twenty five percent (25%) of the gross floor area of the dwelling unit in which the home occupation is located. An accessory structure may be used for storage related to the home occupancy.

2.   The activities caused by or associated with the home occupation shall not alter the residential character of the property or change the residential character of surrounding residential uses. There shall be neither exterior nor interior alteration or modification that changes the residential character of the dwelling unit.

D.   Traffic, Deliveries, And Parking:

1.   The home occupation shall not generate traffic beyond what is normally expected in the zoning district or planned development in which it is located. In no case shall traffic volume created by the home occupation exceed twelve (12) trips per day, including deliveries.

2.   Deliveries to home occupations shall not exceed five (5) per day.

3.   Off-street parking for the home occupation shall be limited to the public street parking in front of the home occupancy.

E.   Prohibited Home Occupations: The following activities are expressly prohibited as home occupations:

1.   Airbnb's;

2.   Animal hospitals (animal grooming service is permitted);

3.   Kennels;

4.   Medical offices or clinics;

5.   Eating and drinking establishments;

6.   Jobbing, wholesale or retail business, unless it is conducted entirely by internet, telephone or mail. No direct retail shall be permitted in any dwelling unit;

7.   Undertaking establishments and funeral parlors; and

8.   Repair or maintenance of motor vehicles, to include cars, trucks, b

A.   Definitions: As used in this section, the below terms shall have the following ascribed meanings:

BAR: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent (10%) of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

EMPLOYEE: A person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity.

EMPLOYER: A person, business, partnership, association, or corporation, including a municipal corporation, trust, or nonprofit entity, that employs the services of one or more individual persons.

ENCLOSED AREA: All space between a floor and a ceiling that is enclosed or partially enclosed with: 1) solid walls or windows, exclusive of doorways, or 2) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

ENCLOSED OR PARTIALLY ENCLOSED SPORTS ARENA: Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

GAMING EQUIPMENT OR SUPPLIES: Gaming equipment/supplies as defined in the Illinois gaming board rules of the Illinois administrative code.

GAMING FACILITY: An establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

HEALTHCARE FACILITY: An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. "Healthcare facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities.

PLACE OF EMPLOYMENT: Any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including, but not limited to, entrances and exits to places of employment, including a minimum distance of fifteen feet (15') from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; restrooms; conference and classrooms; break rooms and

A.   Definitions:

COMMERCIAL VEHICLE: Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, but does not include passenger automobiles, vans or trucks under one and a half (1 1 / 2 ) tons of rated load capacity used for the transportation of the occupants of the residence or their guests, nor does it include emergency vehicles, such as ambulances, nor utility repair vehicles such as Commonwealth Edison, North Shore Gas, Ameritech.

OFF STREET PARKING FACILITY ACCESSORY TO A RESIDENTIAL STRUCTURE: That area in front of the building line or that area where the main driveway extends beyond the building line to the enclosed garage, carport or main parking area. It does not include areas adjacent to the sides of the residence or in back of the residence.

B.   Restrictions: An off street parking facility accessory to a residential structure shall be used solely for the parking of passenger automobiles owned or used by occupants of the dwelling structure to which the facility is accessory, or by guests of the occupants. Under no circumstances shall a required parking facility accessory to a residential structure be used for the storage of commercial vehicles or for the parking of automobiles belonging to the employees, owners, tenants, visitors or customers of business or manufacturing establishments adjacent to or in the vicinity of said residential structures, except as permitted in subsection 10-11-3B of this code. (1976 Code § 76.012)

A. International Building Code (IBC): The 2024 International Building Code is hereby adopted with the following amendments:

1.   General Amendments:

a.   ICC Electrical Code: Any and all references in the ICC International Building Code to the ICC Electrical Code are hereby deleted and replaced with NFPA 70 - National Electrical Code®, 2023 edition.

b.   ICC International Plumbing Code: Any and all references in the ICC International Building Code to the ICC International Plumbing Code are hereby deleted and replaced with the current edition of the Illinois Plumbing Code.

c.   ICC International Energy Conservation Code: Any and all references in the ICC International Building Code to the ICC International Energy Conservation Code are hereby deleted and replaced with the current edition of the State of Illinois Energy Conservation Code.

2.   Specific Amendments:

Section 101.1

Replace [NAME OF JURISDICTION] with "the Village of Antioch" in the second line.

Section 103

Delete the words "DEPARTMENT OF BUILDING SAFETY" and insert the words "Community Development Department."

Section 103.1

Delete the words "Department of Building Safety" and insert the words "Community Development Department."

Section 105.2

Building

Amend Item # 1.

Playhouses and similar uses provided the floor area does not exceed one hundred twenty (120) square feet.

Item # 6 Delete the words "and are not part of an accessible route" at the end of the paragraph.

Delete with no substitution Items 2, 3, 4, 5, and 8.

Section 105.5

Delete the existing section and insert the words:

Permit time limits. All permits shall become void if:

1.   A substantial start of construction is not made within 6 months from the date of issuance.

2.   Substantial work is not performed during any six (6) month period.

3.   Within two (2) years from date of issuance of a building permit a Certificate of Occupancy is not issued.

4.   Permits for above ground or in ground swimming pools are not completed after a one (1) year period.

5.   Permits for demolition are not completed ninety (90) days after date of issuance.

6.   Permits for fences, re-siding, re-roofing, decks, electrical upgrade, sheds, detached garages, screen porches and any minor alteration to an existing building that does not exceed four hundred (400) square feet are not completed six (6) months after issuance.

Section 107.1

Delete the words "two or more" and insert the word "three (3)."

Section 107.2.6

In the first sentence delete the words "a site plan" and insert the words "three (3) site plans."

Section 113

Delete the entire section and replace with the following:

113.3.0 Application for Appeal: Any person shall have the right to appeal a decision of the Building Official to the Planning and Zoning Board. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully app

For the purposes of this Chapter, the following definitions are adopted:

Accessory Structure. A non-habitable structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

Act. An act in relation to the regulation of the rivers, lakes and streams of the State of Illinois," 615 ILCS 5/5 et seq.

Applicant. Any person, firm, corporation or agency which submits an application.

Appropriate Use. Only uses of the designated floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in Section 15-107(b).

Base Flood. The flood having a one percent chance of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event.

Application of the base flood elevation at any location is as defined in Section 15-105 of this Chapter. Base Flood Elevation (BFE). The elevation in relation to mean sea level of the crest of the base flood.

Basement. That portion of the building having its floor subgrade (below ground level) on all sides.

Building. A walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings, and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than 180 days per year.

Channel. Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway, which has a definite bed and banks or shoreline, in or into which surface or groundwater flows, either perennially or intermittently.

Channel Modification. Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, rip-rapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of native vegetation from the bottom or banks. Channel modification does not include the clearing of dead or dying vegetation, debris, or trash from the channel.

Channelization is a severe form of channel modification involving a significant change in the channel cross-section and typically involving relocation of the existing channel (e.g. straightening).

Compensatory Storage. An artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off-site floodwater elevations and flows.

Conditional Approval of a Designated Floodway Map Change. Preconstruction approval by IDNR/OWR and FEMA of a proposed change to the floodway map. This preconstruction approval, pursuant to this Part, gives assurances to th

In addition to the requirements found in Sections 15-106, 15-107 and 15-108 for development in flood fringes, designated floodways, and SFHA or floodplains where no floodways have been identified, the following requirements shall be met.

a. Public Health Standards. 1. No developments in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation (FPE) unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of Section 15-109(c) of this Chapter. 2. Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage. 3. Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. 4. New and replacement water supply systems, wells, sanitary sewer lines and on-site waste disposal systems may be permitted providing all manholes or other above ground openings located below the FPE are watertight. 5. All other activities defined as development shall be designed so as not to alter flood flows or increase potential flood damages.

b. Carrying Capacity and Notification. 1. For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained. 2. In addition, the Village of Arlington Heights shall notify adjacent communities in writing 30 days prior to the issuance of a permit for the alteration or relocation of the watercourse.

c. Protecting Buildings. 1. All buildings located within a 100-year floodplain, also known as a SFHA, shall be protected from flood damage below the flood protection elevation. This building protection criteria applies to the following situations: a)

Construction or placement of a new building or alteration or addition to an existing building valued at more than $1,000.00 or 70 square feet. b)

Substantial improvements or structural alterations made to an existing building that increase the floor area by more than 20 percent or equal or exceed the market value by 50 percent. Alteration shall be figured cumulatively during the life of the building.

If substantially improved, the existing structure and the addition must meet the flood protection standards of this Section. c)

Repairs made to a substantially damaged building. These repairs shall be figured cumulatively during the life of the building. If substantially damaged the entire structure must meet the flood protection standards of this Section. d)

Installing a manufactured home on a new site or a new manufactured home on an existing site (the building protection requirements do not appl

The 2018 Edition of the IRC adopted by this Article is modified for use in the Village by the following amendments, which amendments are given articles and section numbers identical to the IRC. To the extent any provision of the IRC conflicts with any provision of the Arlington Heights Municipal Code, the Municipal Code provision will apply.

R101.1 Title.

Insert "The Village of Arlington Heights" as [NAME OF JURISDICTION].

R101.2 Scope.

Delete the entire Exception.

R105.2 Work exempt from permit.

Delete the following list items:

Building:

List items 1, 2, 3, 4, 5, and 10.

Electrical:

List item 2.

Plumbing:

List items 1 and 2.

Modify the following list items:

Building:

List item 6 shall read as follows: Painting, papering, tiling, carpeting, countertops, kitchen or bathroom upper cabinets, cabinets in rooms other than kitchens or bathrooms, exterior siding and gutter.

Electric:

List item 3 shall read as follows: Replacement of non-circuit breaker type overcurrent devices.

R109.1.1 Foundation inspection.

Delete the entire subsection and replace with:

R109.1.1 Required inspections.

All inspections required by the Village shall be requested by the permit holder and shall be approved in accordance with subsection R109.4 R109.1.2 Plumbing, mechanical, gas and electrical system inspection.

Delete the entire subsection.

R109.1.3 Floodplain inspections.

Delete the entire subsection.

R109.1.4 Frame and masonry inspection.

Delete the entire subsection.

R109.1.5 Other inspections.

Delete the entire subsection.

R109.1.5.1 Fire-resistance-rated construction inspection.

Delete the entire subsection.

R109.1.6 Final inspection.

Delete the entire subsection.

R109.1.6.1 Elevation documentation.

Delete the entire subsection.

R110.3 Certificate issued.

Delete list items number 3, 5, and 8.

Section R112 Board of Appeals.

Delete this Section in its entirety.

Table R301.2(1) Climatic and Geographic Design Criteria.

Insert the following values corresponding to the listed criteria:

Ground Snow Load - 25 psf Wind Design:

Speed(mph) .....115 Topographic effects .....No Special wind region .....No Windborne debris zone .....No Seismic Design Category .....A Subject To Damage From:

Weathering .....Severe Frost Line Depth .....42 inches Termite Moderate to .....Heavy Winter Design Temp .....-4° F Ice Barrier Underlayment Required Yes Flood Hazards\ a. November 6, 2000; b. August 19, 2008; c. August 19, 2008 (all panels) Panel Numbers—0044J, 0063J, 0064J, 0182J, 0184J, 0192J, 0201J, 0202J, 0203J, 0204J, 0211J, 0212J.

Air Freezing Index .....2000 Mean Annual Temp .....47.6° (Waukegan 4 WSW station)

Table R301.2(1) Climatic and Geographic Design Criteria.

Delete the Manual J Design Criteria table.

R302.14 Combustible insulation clearance.

Delete the last sentence.

R305.1.1 Basements.

Delete main subsection (Exception shall remain) and replace with:

Portions of basements that do not contain habitable space or hallways shall have a

The 2018 Edition of the International Building Code adopted by this Chapter is modified for use in the Village by the following amendments, which amendments are given articles and section numbers identical to the International Building Code. To the extent any provision of the IBC conflicts with any provision of the Arlington Heights Municipal Code, the Municipal Code provision will apply. [A] 101.1 Title.

Insert "The Village of Arlington Heights" as [NAME OF JURISDICTION]. [A] 105.2 Work exempt from permit.

Delete the following list items:

Building:

List items 1, 2, 3, 4, 5, 6, 9, and 12.

Plumbing:

List items 1 and 2.

Modify the following list items:

Building:

List item 7 shall read as follows: Painting, papering, tiling, carpeting, countertops replaced in kind, upper kitchen or breakroom cabinets, tuck pointing, exterior siding and gutters replaced in kind. [A] 110.3 Required inspections. Delete the language of the section and replace with:

All inspections required by the Village shall be requested by the permit holder and shall be approved in accordance with subsection [A] 110.6. [A] 110.3.1 through [A] 110.3.11.1 shall be deleted in their entirety. [A] 111.2 Certificate issued.

Delete list items number 3, 5, 9, 10, and 11.

Section 113 Board of Appeals.

Delete this Section in its entirety.

Section 202 General Definition.

Modify the definition of "HIGH-RISE BUILDING" by replacing 75 with 60 and 22 860 with 18 288. [F] 502.1 Address Identification.

Delete the language of this Section in its entirety and replace with the following: 502.1 Address Identification. New and existing buildings shall be provided with approved addresses in accordance with sections 502.1.1 through 502.1.6. 502.1.1 It shall be the duty of the owners of every building in the Village to have placed thereon the assigned numbers above the door which is the principal entrance fronting on the street, or where no street exists, the assigned numbers shall be above or on the principal entrance to the building via an alley, driveway, parking lot, fire lane, or other improved right-of-way. The assigned numbers shall be Arabic numerals at least six inches high and of such size and shape so as to be easily visible from the street, alley, driveway, parking lot, fire lane, or improved right-of-way. The Arabic numerals shall be constructed of a durable material which contrasts with the background upon which the assigned numbers are affixed. 502.1.2 The practice of affixing numbers in script or word form is not prohibited; however, the Arabic numerals required herein must be affixed on or over the principal entrance. 502.1.3 Each commercial building and multi-family dwelling with a rear or side entrance on an alley, driveway, parking lot, fire lane or improved right-of-way shall have the assigned number or numbers affixed on or over such entrance in Arabic numerals at least six inches high. 502.1.4 In any instance where numbers located on the principal entrance of the buildi

The off-street parking and loading provisions of this Section shall apply as follows: 10.1 Off-Street Parking and Loading Regulations.

a. For all buildings and structures erected and all uses of land established after the effective date of this Section, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of this Section, and provided that construction is begun within six months of such effective date and diligently pursued to completion, parking and loading facilities as required hereinafter need not be provided.

b. Prior to completion of any construction, structural alterations, or new or expanded land use, off-street parking facilities must be provided as required in this Chapter. 10.1-1 When the intensity of use of any building, structure, or premises is planned to be increased through addition of units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. 10.1-2 Whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of this Section, additional parking or loading facilities are required only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Section. 10.1-3 Control of Off-Site Parking Facilities. In a residential district, no zoning certificate for off-site facilities shall be issued until the Plan Commission has conducted a hearing for a special use in accordance with Section 28-8. No off-site parking shall be located in a residential zoning district unless accessory to a use permitted in that district. 10.1-4 Submission of Parking Plan. Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include a parking plan drawn to scale and fully dimensioned showing any parking or loading facilities to be provided in compliance with this Section. 10.2 Additional Regulations—Parking. 10.2-1 Except as otherwise indicated, required accessory off street parking facilities provided for uses listed hereinafter shall be solely for the parking of vehicles of patrons, occupants (or their guest), or employees of such uses. 10.2-2 Floor Area. See Section 28-3 for floor area measurement requirements. 10.2-3 Employees. Parking spaces required on an employee basis shall be based on the maximum number of full or part-time employees on duty or residing, or both on the premises at any one time. 10.2-4 Capacity. Parking spaces required on the basis of capacity sh

For the purposes of this Chapter, the following words shall have the meanings set forth in this Section: 1. Accessory Structure. An accessory structure is one which meets all of the following criteria:

a. Is subordinate to and serves a principal building;

b. Is subordinate in area, extent, or purpose to the principal building served;

c. Contributes to the comfort, convenience or necessity of occupants of the principal building; and

d. Is located in the rear yard and on the same zoning lot as the principal building served, except as otherwise indicated in this Code. 2. Acupuncture. A medical practice or procedure that treats illness or provides local anesthesia by the insertion of needles at specified sites on the body. 3. Adult Business. Any or all of the following businesses: 1. Adult Bookstore—A business establishment having a substantial or significant portion of its stock in trade, books, magazines, films for sale, rent or other distribution, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas." 2. Adult Live Entertainment Establishment—A nightclub, theater, or other business establishment, which permits live performances by topless and/or bottomless dancers, gogo dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on "Specified Sexual Activities" or "Specified Anatomical Areas." 3. Adult Theater—A business establishment in an enclosed building that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, or other visual representation or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of "Specified Anatomical Areas" or the conduct or simulation of "Specified Sexual Activities." 4. Adult Use Cannabis Business Establishments. Adult use cannabis businesses, including, but not limited to: Adult use cannabis cultivation centers, adult use cannabis dispensaries, cannabis craft growers, cannabis infusers, and cannabis processors. 5. Adult Use Cannabis Cultivation Centers. A facility operated by an organization or business that is licensed by the Department of Agriculture to cultivate, process, transport, and perform other necessary activities to provide cannabis and cannabis-infused products to adult use cannabis business establishments. 6. Adult Use Cannabis Dispensary. A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire cannabis from a cannabis cultivation center, cannabis craft grower, cannabis processor, or another cannabis dispensary for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia, or related supplies for recreational, non-m

In order to carry out the purposes and provisions of this Chapter, the Village is divided into several districts. 5.1 Establishment of Zones.

One Family Dwelling Districts: R-E, R-1, R-2, and R-3. The purpose of the One Family Dwelling Districts is to provide for residential developments of predominantly single-family homes. These Districts should preserve the value of land and protect homes from adverse living conditions. 5.1-0 One Family Dwelling District: R-E. 5.1-0.1 Minimum Lot Size: 20,000 square feet standard and corner; churches, convents and monasteries: 20,000 square feet standard and corner. 5.1-0.2 Minimum Lot Width at Building Line:

a. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the Use District in which they are located, are contiguous and are held in one ownership prior to December 21, 1959, they shall be maintained and used as one zoning lot for such use.

b. Any single lot or parcel of land, held in one ownership prior to October 4, 1955 which was of record as of March 15, 2004, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open space are not less than 75 percent of the minimum required dimensions of areas.

c. Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, minimum lot widths as set forth above shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street.

Such lots shall also be laid out so that their frontage length, as measured on the arc of such right-of-way line is not less than 50 percent of the required lot width measured at the building setback line. Refer to Chapter 29 of the Municipal Code for further information regarding layout and design of lots. 5.1-0.3 Required Minimum Yards.

a. Front Yard: 40 feet except that in all residential districts where lots comprising 40 percent or more of the frontage between two intersecting streets are developed with building having front yards of more than 15 feet in depth, the average of such front yards shall establish the minimum front yards for the entire frontage. A front yard shall not be required to be more than 50 feet. A minimum front yard of 15 feet shall be required on all lots.

b. Side Yard: Ten percent of lot width. The combined total for interior lots shall not be less than 20 feet.

c. Exterior Side Yard: In all residential districts where lots comprising 40 percent

6.1 Interpretation. 6.1-1 In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. 6.1-2 Where the conditions imposed by an provision of this Chapter upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this Code or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (for which impose higher standards or requirements) shall govern. 6.1-3 This Code is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this Code are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Code shall govern. 6.2 Scope of Regulations. Except as may otherwise be provided in Section 28-7, "Non-Conforming Uses and Buildings," all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Code which are applicable to the zoning districts in which such buildings, uses or land shall be located.

However, where a building permit for a building or structure has been issued in accordance with law prior to January 1, 2003, and provided that construction is begun within one year of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated—subject thereafter to the provisions of Section 28-7, "Non-conforming Uses and Buildings." 6.3 Access to Public Street. Every principal building hereafter erected shall be on a zoning lot or parcel of land which adjoins a public street or a permanent easement of access to a public street; such easement to be at least 20 feet wide unless a lesser width was duly established and recorder prior to January 1, 2003. 6.4 Permits. No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the Director of Building and Life Safety, and no permit or license shall be issued by any other Village Department which would authorize the use or change in use of any land or building contrary to the provisions of this Code, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Code.

The Director of Building and Life Safety may, however, issue b

Only the following signs are permitted in Residential Districts. All requirements and restrictions outlined in this Section pertain only to those properties zoned Residential:

a. For each dwelling unit, one name plate not exceeding one square foot in area, indicating the name of occupant.

b. Ground signs accessory to a permitted non-residential use, provided that the height of such sign shall not exceed six feet and the surface area of such sign shall not exceed 25 square feet. Signs located on a roadway with a speed limit of 40 miles per hour or greater may be up to 48 square feet in area. A manual change bulletin board may be incorporated as part of the ground sign, but the bulletin board may not exceed 75 percent of the permitted sign size or 30 square feet, whichever is less. The area of the manual change bulletin board shall not increase the overall permitted sign size. All signs must be designed to be compatible with the architectural style of the development. Refer to Article III of this Chapter for additional requirements for ground signs.

c. Wall signs accessory to a permitted non-residential use, provided that the size of such sign shall not exceed 25 percent of the signable area or a maximum of 45 square feet, whichever is less. One wall sign is permitted per street frontage. One additional wall sign, 20 square feet maximum, shall be permitted at a main building entrance which does not have street frontage. Total number of wall signs shall not exceed three.

All signs shall be comprised of separate individual letters with or without a logo or emblem, and must be designed to be compatible with the architectural style of the development. Internal illumination is prohibited but external illumination is permitted.

For purposes of this Section, backlit halo type, reverse channel lighting is not considered internal illumination. Refer to Article IV, Sections 30-401 and Sections 30-404 for additional applicable requirements.

d. Signs or tablets, a maximum of one square foot, bearing names of buildings and/or date of the building's installation, when cut into any masonry surface or when constructed of bronze or other incombustible material.

e. Real estate signs, not exceeding eight square feet in area, per face, which advertise the sale, rental, lease or management of the premises upon which the signs are located.

f. Traffic and directional signs, and such other non-advertising signs designed for the public safety and convenience, as may be authorized by the Board of Trustees.

g. Signs accessory to parking areas. Signs directing and guiding vehicular ingress and egress to public or private off-street parking areas shall not exceed two square feet in sign surface area.

No more than two such signs shall be allowed at each entrance to or exit from the parking area. One sign having no more than six square feet of surface area may be maintained on each street side of such parking areas for the purpose of designating the conditions of use o

a. The schedule of fees shall be as follows: 1. For single-family construction—.35 cents per square foot of livable area, excluding garage area. 2. For multi-family construction—.70 cents per square foot of livable area, excluding garage area. 3. Industrial or commercial construction—.40 cents per square foot area, with a minimum fee of $330. 4. Where attached garages are included in the building permit, a fee of $30.00 for each garage. 5. For construction of detached garages or accessory buildings, the following fees shall apply: a)

When not more than 300 square feet of area: $35.00. b)

More than 300 square feet of area: $70.00. 6. For alteration, addition or repair of any building, the following fee shall apply: per thousand dollars of project market value cost: $11.00 7. For demolition, the fee shall be computed at the rate of $125.00 for each floor of such building or structure including single-family, commercial and accessory structures. 8. There shall be no fee for the initial inspections of the Building, Electrical and Plumbing Departments. There shall be a fee of $50.00 for each subsequent inspection required by these regulations. 9. Architectural Review Fee: $25.00 10. For a Certificate of Occupancy, the fee shall be $60.00 for each Certificate for singlefamily dwellings and $120.00 for multi-family dwellings, commercial, and industrial uses.

For a temporary occupancy certificate, a fee of $100.00 shall be deducted from the cash bond. 11. Plans shall be reviewed by a qualified plan review service for all buildings except single-Family structures, unless the Director of Building shall determine that the plans are of such a character that the Village departments can adequately review for life safety, fire protection, smoke removal system and other aspects. The cost of this review will be paid by the building permit applicant, in addition to all other related building permits. The plan review fees for all plans reviewed by the Building Department are:

12. Fence Fee: $40.00. 13. Recreational Basketball Poles/Structures Fee: $25.00. 14. Chimney Fee: $40.00. 15. Fire Protection Systems Plan Review and Inspection Fees. All Fire Protection Systems plan review fees include a primary plan review and a second review. Any project requiring more than the primary and second review shall be billed at an hourly rate of $70.00.

There shall be a $50.00 for each reinspection.

Fire pumps (fire pump tests shall be conducted b

Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural, the singular. The word "shall" is mandatory and not discretionary. The word "may" is permissive. The word "lot" shall include the words "plot," "piece" and "parcel"; the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for." Scope of Regulations . No buildings or structures shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the district in which the building or land is located. If located in a Historic District or designated as a Historic Landmark, no buildings or structures shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than is permitted in the city’s Historic Districts and Landmarks Guidelines, as approved by Resolution Number 01-152, dated April 10, 2001, and is from time to time amended. Permits . No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the zoning administrator, and no permit or license shall be issued by any other city department, which would authorize the use or change in use of any land or building contrary to the provisions of this ordinance, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this ordinance. Zoning Maps . The locations and boundaries of the districts established herein are shown upon the zoning map that is hereby incorporated into this ordinance. The zoning map, together with all notations, references and other information shown thereon, and all amendments thereto, shall be a part of this ordinance and shall have the same force and effect as if the zoning map, together with all notations, references and other information shown thereon, were fully set forth and described herein. New or Annexed Land . Submerged land heretofore reclaimed or which may be reclaimed hereafter, and land heretofore annexed or which may be annexed to the city hereafter, and which is not shown on the zoning map made a part of this ordinance, shall be classified in the R-1 one-family dwelling district until such time as the city council designates the permitted use of the land in accordance with the provisions of this ordinance; provided, however, that the city council may, in the annexation ordinance, specifically determine the zoning district or districts into which such annexed land shall be classified. Where the land heretofore referred to abuts an existing or contemplated highway or street, which contemplated highway or street, in

1300 Hotel, Motel, Or Other Accommodation Services: This category is comprised of establishments which serve lodging accommodations for travelers and must be staffed with twenty-four-hour clerk service, maid and janitor services. They may offer a wide range of services, from overnight sleeping space to full-service hotel suites. They may offer these services in conjunction with other activities, such as entertainment or recreation.

1310 Bed And Breakfast Inn: This is a 1300 use category which is comprised of establishments which operate primarily in private homes and small buildings.

1320 Rooming And Boarding/Single Room Occupancy: This is a 1300 use category which is comprised of accommodation services such as rooming and boarding and single room occupancy establishments, rooming and boarding establishments serve a specific group or membership, such as a dormitory, fraternity or sorority house, or workers' camp, they provide accommodations and may offer housekeeping, meals, and laundry services. Single Room Occupancy are establishments where a room is provided, for compensation pursuant to previous arrangement, as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. Including but not limited to Lodging house; Rooming house; Dormitory

1330 Hotel, Minor: This is a 1300 use category which is comprised of establishments with fewer than fifty (50) guest rooms established prior to December 01, 1992.

1340 Motel: This is a 1300 use category which is comprised of establishments with no common corridor to access guest rooms, the rooms are individually accessible from the outside. Including but not limited to Tourist Courts; Motor Lodges; and Motels.

1350 Hotel, Limited Service: This is a 1300 use category which is comprised of establishments that have more than fifty (50) guest rooms, and has meeting space/banquet facilities for less than 100 persons, no food service and none or one of the following amenities: swimming pool, exercise facility, gift shop or hotel restaurant within the physical confines of the hotel.

1360 Hotel, Select Service: This is a 1300 use category which is comprised of establishments that have more than fifty (50) guest rooms, and has meeting space/banquet facilities for between 100 and 200 persons, limited food service (i.e. continental breakfast) and two or more of the following amenities: swimming pool, exercise facility, gift shop or hotel restaurant within the physical confines of the hotel. In addition to these required amenities others may also be provided for guests including but not limited to: spa facilities, dry cleaning service, recreational activities, or entertainment.

1370 Hotel, Full Service: This is a 1300 use category which is comprised of establishments that have more than one hundred and twenty (120) guest rooms, and has meeting space/banquet facilities for between 200 and 1,000 persons, a hotel restaurant within the physical confines of the hotel and roo

In General . In the exercise of its home rule authority and the powers conferred by the Illinois Municipal Code and this ordinance, the city council may, from time-to-time permit by specific ordinance the following conditional uses of land or structures in accordance with the procedures set forth in chapter 34 of this code. The term “conditional use” as used throughout this ordinance shall be construed as having the same meaning and construction as the term “special use” as used in Illinois law and provisions of this code enacted prior to the effective date of this amendatory ordinance of 2020. Whenever the city council has previously approved a special use upon any real property or as part of any planned development, such special use shall be regarded as a conditional use for the purposes of this code. Conditional Uses . The Conditional Uses as identified in Table One: Use Categories shall apply. Specific Regulations . Car Wash, Single Bay, when such use is in conjunction to a Gasoline Station as an accessory use to and operated only during the regular business hours of the Gasoline Station. Financial institutions with a drive-through facility, when located at the intersection of two publicly dedicated streets (corner) under the following conditions: When said intersection is designated as non-residential on only two of the four corners of the intersection of said two publicly dedicated streets (corner). When said intersection is designated as non residential on all four corners and contains one or more existing financial institutions with drive-through facilities located at the intersection of said two publicly dedicated streets (corner). Financial institutions with a drive-through facility, when located within 1000’ of an intersection of two publicly dedicated streets and When said intersection is designated as non-residential on only two of the four corners of the intersection of said two publicly dedicated streets (corner) and contains one or more existing Financial institutions with a drive-through facilities located within 1000’ of said intersection, as measured property line to property line. When said intersection is designated as non residential on all four corners and contains two or more existing Financial institutions with a drive-through facilities located within 1000’ of said intersection, as measured property line to property line. Drive Through/ Drive In establishment, when located at the intersection of two publicly dedicated streets (corner), under the following conditions: When said intersection is designated as non-residential on only two of the four corners of the intersection of said two publicly dedicated streets (corner). When said intersection is designated as non-residential on all four corners and contains one or more existing Drive Through/ Drive In establishments located at the intersection of said two publicly dedicated streets (corner). Drive Through/ Drive In establishment, when located within 1000’ of an intersec

Applicability of Principal Structure Regulations . Where an accessory structure is structurally attached to a principal building, it shall be subject to, and must conform to, all regulations of this ordinance applicable to the principal building. Placement on a Zoning Lot . Unless otherwise specified, accessory buildings and structures are restricted to the following locations: Front Yard: Accessory structures are not permitted in the front yard or required front setback. Exterior Side Yard: Setbacks apply, except on reverse corner lots accessory structures must be setback to the building setback line of the adjacent property to the rear. In no case shall this exception apply to more than thirty (30) feet from the street property line. Interior Side Yard: Setbacks apply. Rear Yard: Accessory structures must be setback a minimum of Three (3) feet from interior side lot lines; Five (5) feet from rear lot lines; and Setbacks apply on exterior lot lines, except on reverse corner or through lots accessory structures must be setback to the building setback line of the adjacent property. In no case shall this exception apply to more than thirty (30) feet from the street property line. Illustration: Accessory Structures - Placement on a Zoning Lot A = Not permitted in front yard or required front setback. B = Not permitted in required setback. C = Must be setback three (3) feet from interior property line. D = Must be setback five (5) feet from rear property line. E = Must be setback to the building setback line of the adjacent property. When an accessory structure has been constructed on a slab or foundation, and demolition occurs for whatever reason, the accessory structure may be re-established at its previous location without the necessity of a variation provided that an application for building permit is made no later than six (6) months after demolition. Erection Prior to that of Principal Building . An accessory structure may be erected prior to the establishment or construction of the principal building to which it is accessory, or to which it is intended to be accessory, providing the principal building shall be fully completed within two (2) years after the erection of the accessory structure, and providing further, that the accessory structure shall not be used for residential purposes, except for the housing (after the completion of the principal building) of domestic help, or temporary housing of guests, per the Rules Section of Specific Regulations and as permitted in the provisions listed below under permitted accessory structures and uses. Permitted Accessory Structures and Uses in Residential Districts . The Permitted Structures and Obstructions for E, R1, R2, and R3 Residential Districts are identified in Table Four: Permitted Structures and Obstructions. Permitted accessory structures and uses in districts other than E, R1, R2, and R3 include but are not limited to: A children's playhouse; A garden house; A private greenhouse; A garage

Intent and Purpose . The intent and purpose of this section of the zoning ordinance is to alleviate or prevent congestion of the public streets, and so promote the safety and welfare of the public, by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property is put. General Provisions . Procedure . An application to be filed by the owner, lessee or designated agent thereof for a building permit for a new or enlarged building, structure, or use, shall include therewith a plot plan, drawn to scale, and fully dimensioned showing any parking or loading facilities to be provided in compliance with the requirements of this ordinance. Extent of Control . The off-street parking, driveway and loading requirements of this ordinance shall apply as follows: All buildings and structures erected or enlarged and land uses initiated after the effective date of this ordinance shall provide accessory off-street parking or loading facilities as required hereinafter for the use thereof, except that a building or structure for which a building permit has been issued prior to the effective date of this ordinance shall not be required to furnish parking or loading facilities if construction is begun thereon within six (6) months of the effective date of the building permit and diligently prosecuted to completion. When a building or structure erected or enlarged prior to or after the effective date of this ordinance shall undergo a decrease in number of dwelling units, gross floor area, seating capacity, number of employees, or other unit of measurement specified hereinafter for required parking or loading facilities, and further, when said decrease would result in a requirement for a fewer total parking or loading spaces through application of the provisions of this ordinance thereto, parking and loading facilities may be reduced accordingly provided that existing parking or loading facilities shall be so decreased only when the facilities remaining would at least equal or exceed the parking or loading requirements resulting from application of the provisions of this ordinance to the entire building or structure as modified. When a building or structure shall undergo any increase in number of dwelling units, gross floor area, seating capacity, or other unit of measurement specified hereinafter for required parking or loading facilities, and further, when said increase would result in a requirement for additional total parking or loading spaces through application of the provisions of this ordinance thereto, parking and loading facilities may be increased accordingly, provided that existing parking or loading facilities shall be so increased so that the facilities would at least equal or exceed the parking or loading requirements resulting from application of the provisions of this ordinance to the entire building or structure as modified. The parking, driveway and loading facili

Title . The Conservation, Open Space and Drainage District shall be designated as “OS-1” on the zoning map. Intent & Purpose . The “OS-1” Conservation, Open Space and Drainage District is intended to regulate and protect public and private drainage area, stormwater management facilities and passive open space. District Specific Regulations . Rules. In addition to the rules set forth in sec. 49-103.2, the following district specific provisions shall apply: No buildings or structures shall be permitted except as provided in this Section. No parking facilities shall be permitted. Definitions. (Reserved) Use Regulations . Permitted Uses . The following uses shall be allowed in this district: 7300 Stormwater management facilities, drainage area, and common and landscape areas Any other use determined to be compatible with the above-stated uses and those uses adjoining. Conditional Uses . The following uses shall be the only conditional uses authorized in this district: 8000 Planned development Accessory Uses and Structures . The following accessory uses and structures shall be permitted herein, when not affecting the drainage: Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment. Fences and walls Temporary recreational equipment Bike paths and sidewalks Limited but Permitted . 5400 Natural and other recreational parks, when limited to conservation/ protection parks. Alternative Energy Systems when in accordance with the provisions of this ordinance. Bulk Restrictions. Building, Dwelling & Structure Standards . (Reserved) Floor Area Ratio . (Reserved) Height . The maximum height of buildings and structures shall be thirty-five (35) feet. Landscaping . (Reserved) Lot Size. (Reserved) Lot Coverage. Lot coverage shall not exceed five (5) percent. Monotony Standards. (Reserved) Nonconformity (Reserved) Obstructions. The following obstructions shall be permitted in all yards: Public utility communication, electric, gas, water and sewer lines, their supports and incidental equipment. Fences and walls Temporary recreational equipment Bike paths and sidewalks Performance Standards . (Reserved) Setbacks . The same regulations as required in the R-1 One-family dwelling district shall apply. Signs . The same regulations as required in the R-1 One-family dwelling district shall apply. Parking And Loading . (Reserved)

Title . The Open Space and Recreation District shall be designated as “OS-2” on the zoning map. Intent & Purpose . The “OS-2” Open Space and Recreation District is intended to regulate private and municipal recreational areas. These facilities may have passive play activities or may have programmed events with emphasis on a singular purpose activity. District Specific Regulations . Rules . In addition to the rules set forth in sec. 49-103.2, the following district specific provisions shall apply: shall district specific provisions shall apply: No buildings or structures shall be permitted except as provided in this Section. Definitions . (Reserved) Use Regulations . Permitted Uses . The following uses shall be allowed in this district: 5400 Natural and other recreational parks 5230 Golf Courses, public or private 7200 Community garden 7300 Stormwater management facilities, drainage area, and common and landscape areas Any other use determined to be compatible with the above-stated uses and those uses adjoining. Conditional Uses . The following conditional uses shall be the only additional uses in this district: 8000 Planned development Accessory Uses and Structures . The following accessory uses and structures shall be permitted herein: All accessory uses permitted in the OS-1 Conservation, Open Space and Drainage District. Recreational equipment Restroom facilities Gazebos Picnic shelters Clubhouse Pools 2199 Farmers market 4170 Parking facility, non-residential Any other accessory use determined to be compatible with the above-stated uses and those uses adjoining. Limited but Permitted . Alternative Energy Systems pursuant to this ordinance. Bulk Restrictions . Building, Dwelling & Structure Standards (Reserved) Floor Area Ratio . (Reserved) Height . The maximum height of buildings and structures shall be thirty-five (35) feet. Landscaping (Reserved) Lot Size . (Reserved) Lot Coverage . Lot coverage shall not exceed ten (10) percent. Monotony Standards . (Reserved) Nonconformity . (Reserved) Obstructions . (Reserved) Performance Standards . (Reserved) Setbacks . The same regulations as required in the R-1 One-family dwelling district shall apply. Signs . The same regulations as required in the R-1 One-family dwelling district shall apply. Parking And Loading . Parking facilities may be developed as appropriate to park use.

Title . The Park and Recreation District shall be designated as “P” on the zoning map. Intent & Purpose . The “P” Park and Recreation District is intended to regulate public recreational areas which provide active recreational. These facilities offer multiple programmed activities including festivals, concerts, and other recreational and non-recreational events. District Specific Regulations . Rules . (Reserved) Definitions . (Reserved) Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply in addition to the following permitted uses: Any other use determined to be compatible with the above-stated uses and those uses adjoining and those uses consistent with the Park District’s Master Plan including but not limited to golf courses, aquatic parks, and community centers. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses and Structures . In addition to the accessory uses and structures regulations set forth in sec. 49-104.4, the following district specific provisions shall apply: All accessory uses permitted in OS-2 Open Space and Recreation District. Outside storage of park related materials. Gas pump with storage tanks. Any other accessory use determined to be compatible with the above-stated uses, those uses adjoining and those accessory uses consistent with the Park District’s Master Plan including but not limited to restaurant/food and beverage services, farmers markets, and festivals. Limited but Permitted . The Limited but Permitted Uses for this district as identified in Table One: Use Categories and sec. 49-104 in this ordinance shall apply. Bulk Restrictions . Building, Dwelling & Structure Standards . (Reserved) Floor Area Ratio . (Reserved) Height . The maximum height of buildings shall be forty (40) feet. Flagpoles, sports lighting and security lighting may exceed the bulk restriction. Landscaping . (Reserved) Lot Area . (Reserved) Lot Coverage . (Reserved) Monotony Standards . (Reserved) Nonconforming uses and buildings . (Reserved) Obstructions . (Reserved) Performance Standards . (Reserved) Setbacks . (Reserved) Signs . The same regulations as required in the R-1 One-family dwelling District shall apply in addition to the following District specific provisions: Informational and way-finding signs. Such signs shall not be larger than six (6) square feet in area and no more than five (5) feet high Wall Signs. The maximum area of all wall signs on a façade shall be ten (10) percent of the building façade. Parking And Loading . Parking facilities may be developed as appropriate to park use.

Title . The Multiple-family Dwelling District (hereinafter referenced as the "Multi-family District") shall be designated as "R-5" on the zoning. Intent & Purpose . The Multiple-family District set forth herein is established in order to develop a wide range of quality housing opportunities throughout the City. Specifically, it is intended to allow for quality rental type dwelling units within developments that establish and maintain a safe and secure living environment. The Multi-family District shall be a high intensity land use, generally relating to other high intensity land uses. District Specific Regulations . Reserved . Rules . General provisions. The bulk restrictions that collectively comprise sec. 49-105 of this code shall apply in addition to the following district specific provisions: Plat approval. All zoning lots shall be subject to final plat approval pursuant to the subdivision control ordinance. Only one principal building shall be allowed on a zoning lot, except where the owner of any such development enters into a property management agreement with the city All principal buildings shall be constructed on a single recorded lot as provided for within this section hereof, including given exceptions. All surfaces upon which vehicles are driven or parked shall be paved with a solid structurally sound finishing material. A Property Management Agreement shall be defined for this district as a written document recorded on the subject property after having been approved and executed by the City and subject property owner, which sets forth certain minimum improvements and management practices for the subject property, which may include but is not limited to uniform ownership or management; age restrictions as limited by the Federal Fair Housing Act; building design; bedroom count; site development and maintenance; and other such provisions. An Onsite Recreational Facility shall be defined for this district as any such facility of a substantial nature established on the subject property for the use and enjoyment of the development's residents, which may include but is not limited to an in-ground swimming pool; tennis courts; club house; and other such facilities. Definitions . Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . In addition to the accessory uses and structures regulations set forth in sec. 49-104.4, the following district specific provisions shall apply:: No more than one accessory building shall be allowed on a zoning lot. An accessory building shall be located no closer than twenty (20) feet to the principal building. Limited but Permitted Uses . Bulk Restrictions . Building, Dwelling and Structure Standards . In addition to the building, dwelling, & structure standards regulations set forth in sec. 49.105.1, the foll

Title . The Midrise Multiple-family Dwelling District (hereinafter referenced as the "Midrise Multi-family District") shall be designated as "R-5A" on the zoning map. Intent & Purpose . The Midrise Multiple-family District set forth herein is established in order to develop a wide range of quality housing opportunities throughout the City. Specifically, it is intended to allow for quality rental type dwelling units within developments that establish and maintain a safe and secure living environment. The Midrise Multi-family District shall be a high intensity land use, generally relating to other high intensity land uses, specifically around major retail centers and the City's downtown. District Specific Regulations . (Reserved) Rules . General provisions. In addition to the rules set forth in sec. 49-103.2, the following district specific provisions shall apply: Plat approval. All zoning lots shall be subject to final plat approval pursuant to the subdivision control. Only one principal building shall be allowed on a zoning lot, except where the owner of any such development enters into a property management agreement with the city. All principal buildings shall be constructed on a single recorded lot as provided for within this section hereof, including given exceptions. All surfaces upon which vehicles are driven or parked shall be paved with a solid structurally sound finishing material. A Property Management Agreement shall be defined for this district as a written document recorded on the subject property after having been approved and executed by the City and subject property owner, which sets forth certain minimum improvements and management practices for the subject property, which may include but is not limited to uniform ownership or management; age restrictions as limited by the Federal Fair Housing Act; building design; bedroom count; site development and maintenance; and other such provisions. An Onsite Recreational Facility shall be defined for this district as any such facility of a substantial nature established on the subject property for the use and enjoyment of the development's residents, which may include but is not limited to an in-ground swimming pool; tennis courts; club house; and other such facilities. Definitions . Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses and Structures . In addition to the accessory uses and structures regulations set forth in sec. 49-104.4, the following district specific provisions shall apply: No more than one accessory building shall be allowed on a zoning lot. An accessory building shall be located no closer than twenty (20) feet to the principal building. Limited but Permitted Uses . Bulk Restrictions . Building, Dwelling & Structure Standards . All dwelling units shall have a floor a

Intent and Purpose . Home Occupation Regulations . Intent & Purpose . To allow home occupations in residential districts only those uses that conform to the standards of this Section. To regulate home occupations, generally accessory uses, to be located or conducted that the neighboring properties, under normal circumstances, are not aware of its existence and except where indicated in this section, no visible evidence of the home occupation shall be apparent from either the street or surrounding area. To ensure that home occupations shall be incidental to the principal use of the dwelling unit as a residence. To ensure the standards contained in this Section shall be measured against each proposed home occupation in order to protect residential areas from possible negative effects of home occupation uses and to ensure that a home occupation is not to be a substitute for activities customarily conducted in commercial districts. Nothing contained herein shall prohibit occupants of a residential unit from enjoying or partaking in hobbies or other activities not for gain. Specific Regulations . Employees. One person may be employed on the site in connection with the home occupation that is not an inhabitant of the dwelling unit. No home occupation and/or equipment used in conjunction with the home occupation shall cause or produce unreasonable or objectionable noise, vibration, heat, glare, fumes, odors, dust, emissions or electrical or radio interference detectable beyond the boundaries of the lot in a single family residence district (or outside the dwelling unit in other than a single family residence) that is more than that customarily associated with the uses allowed in the district. Structural limitations. No alteration of any kind shall be made to the dwelling unit or premises where the home occupation is conducted that would change its residential character. No separate entrance shall be provided solely in connection with the conduct of any home occupation and no structural alterations shall be made which physically separates the dwelling unit from the area in which the home occupation is conducted. Percentage of home devoted to the home occupation. No more than twenty-five (25) percent of the area of a dwelling unit shall be devoted to the home occupation, except for babysitting services, day care homes and part day child care facilities/services or for meetings which shall not occur more frequently than once per month. The home occupation shall be conducted entirely within the principal residential building and there shall be no outside storage permitted on the premises of equipment or materials used in the home occupation. However, recreational activities incidental to the home occupation shall not be prohibited from taking place outside the dwelling unit. Vehicles. A vehicle used in conjunction with a home occupation is subject to the requirements of this ordinance. In addition, the home occupation vehicle must be of a type ordinarily us

Title . The Estate single-family detached dwelling District (hereinafter referenced as the "Estate District") shall be designated as "E" on the zoning map. Intent & Purpose . The Estate District set forth herein is established in order to develop a wide range of quality housing opportunities throughout the City. Specifically, it is intended to relate to the outer fringe areas of the City where unincorporated development has taken place pursuant to similar standards of the applicable county jurisdiction. The Estate District shall be a very low intensity land use, replicating the rural character of the counties. District Specific Regulations . Rules . In addition to the rules set forth in sec. 49-103.2, the following district specific provisions shall apply: Only one (1) principal building shall be allowed on a zoning lot. All single family detached dwelling units shall be constructed on a single recorded lot. Definitions . Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . In addition to the accessory uses and structures regulations set forth in sec. 49-104.4, the following district specific provisions shall apply: The Permitted Structures and Obstructions for this district are identified in Table Four: Permitted Structures and Obstructions shall apply. Bulk Restrictions . Building, Dwelling and Structure Standards . All single family detached dwelling units shall have a floor area of not less than thirty-five hundred (3,500) square feet. Floor Area Ratio . The floor area ratio shall not exceed one-quarter (0.25) for all buildings including accessory. Height . In addition to height regulations set forth in sec. 49-105.3, the following district specific provisions shall apply: Height of buildings. The maximum height of buildings permitted shall be as follows: Buildings including accessory: Thirty-five (35) feet. Religious Institutions: Seventy-five (75) feet for towers or steeples, but not more than forty-five (45) feet for the main structure. Height of structures. The maximum height of structures shall be seventy-five (75) feet. Landscaping . (Reserved) Lot Size . Area. All single-family detached dwelling units shall be established on a lot having an area of not less than fifty-five thousand (55,000) square feet and Width. All single-family detached dwelling units shall be established on a lot having a width at the required exterior front setback line of not less than one hundred thirty-five (135) feet. Lot Coverage . Lot coverage shall not exceed forty (40) percent. Monotony Standards . (Reserved) Nonconformity . (Reserved) Obstructions . The Permitted Structures and Obstructions for this district are identified in Table Four: Permitted Structures and Obstructions. Performance Standards . (Reserved) Setbacks . In addition to setbacks regulati

Title . The One-Family Dwelling District shall be designated as “R-1” on the zoning map. Intent & Purpose . The “R-1” One-Family Dwelling District is intended to provide a wide range of quality housing opportunities by providing single-family areas of a low-density character containing a minimum lot area of ten thousand (10,000) square feet. 107.5-3. District Specific Regulations. Rules . In addition to the rules set forth in sec. 49-103.2, the following district specific provisions shall apply: : Only one (1) principal building shall be allowed on a zoning lot. All single family detached dwelling units shall be constructed on a single recorded lot. Definitions . Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . In addition to the accessory uses and structures regulations set forth in sec. 49-104.4, the following district specific provisions shall apply: The Permitted Structures and Obstructions for this district are identified in Table Four: Permitted Structures and Obstructions. Bulk Restrictions . Building, Dwelling and Structure Standards . One-Story Dwelling. Every one-story dwelling unit shall have a total ground floor area of not less than eleven hundred and fifty (1150) square feet. Dwellings more than one-story. Every dwelling of more than one story shall have a total floor area of not less than fourteen hundred fifty (1450) square feet. Floor Area Ratio . There are no floor area ratio regulations for this district. Height . In addition to height regulations set forth in sec. 49-105.3, the following district specific provisions shall apply: : Height of buildings. The maximum height of buildings permitted shall be as follows: Buildings including accessory: Thirty-five (35) feet and not over two and one-half (2 1/2) stories. Religious Institutions: Seventy-five (75) feet for towers or steeples, but not more than forty-five (45) feet for the main structure. Height of structures. The maximum permitted height of structures shall be thirty-five (35) feet. Landscaping . (Reserved) Lot Size . Area. One-family detached dwelling. Every one-family detached dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than ten thousand (10,000) square feet. Religious institutions. Religious institutions hereafter erected or structurally altered shall be on a lot having an area of not less than ten thousand (10,000) square feet. Width. One-family detached dwelling. Every one-family detached dwelling hereafter erected or structurally altered shall be on a lot having a width at the established building line of not less than seventy-five (75) feet. Religious institutions. Religious institutions hereafter erected or structurally altered shall be on a lot having a width at the building line of not less than seventy-f

Title . The One-Family Dwelling District shall be designated as “R-2” on the zoning map. Intent & Purpose . The “R-2” One-Family Dwelling District is intended to provide the city with a wide range of quality housing opportunities by providing single-family areas of a medium-density character with lots containing a minimum of eight thousand (8,000) square feet and requiring a larger minimum dwelling size than is required in the R-3 One Family Dwelling District. District Specific Regulations . Rules . In addition to the rules set forth in sec. 49-103.2, the following district specific provisions shall apply: Only one (1) principal building shall be allowed on a zoning lot. All single family detached dwelling units shall be constructed on a single recorded lot. Definitions . Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . The Permitted Structures and Obstructions for this district are identified in Table Four: Permitted Structures and Obstructions shall apply. Limited but Permitted Uses . Bulk Restrictions . Building, Dwelling & Structure Standards . One-story dwelling. Every one-story dwelling hereafter erected shall have a total ground floor area of not less than nine hundred and fifty (950) square feet. Dwellings more than one-story. Every dwelling hereafter erected of more than one story, shall have a total floor area of not less than thirteen hundred (1300) square feet. Floor Area Ratio . There are no floor area ratio regulations for this district. Height . The same regulations shall apply as required or permitted in the R-1 one-family dwelling district. Landscaping . (Reserved) Lot Size . Area. One-family dwelling. Every one-family detached dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than eight thousand (8,000) square feet Religious Institutions. The same regulations shall apply as required or permitted in the R-1 one-family dwelling district. Width. One-family dwelling. Every one-family detached dwelling hereafter erected or structurally altered shall be on a lot having a width at the established building line of not less than sixty (60) feet.. Religious Institutions. The same regulations shall apply as required or permitted in the R-1 one-family dwelling district. Lot Coverage . Lot coverage shall not exceed forty (40) percent. Monotony Standards . (Reserved) Nonconformity . (Reserved) Obstructions . The Permitted Structures and Obstructions for this district are identified in Table Four: Permitted Structures and Obstructions. Performance Standards . (Reserved) Setbacks . The same regulations shall apply as required or permitted in the R-1 one-family dwelling district. Signs . Parking and Loading . (Reserved)

Title . The One-Family Dwelling District shall be designated as “R-3” on the zoning map. Intent & Purpose . The “R-3” One-Family Dwelling District is intended to provide the city with a wide range of quality housing opportunities by providing single-family areas of a medium-density character with lots containing a minimum of eight thousand (8,000) square feet and requiring a minimum dwelling size less than is required in the R-2 One Family Dwelling District. District Specific Regulations . Rules . In addition to the rules set forth in sec. 49-103.2, the following district specific provisions shall apply: Only one (1) principal building shall be allowed on a zoning lot. All single family detached dwelling units shall be constructed on a single recorded lot. Definitions . Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . The Permitted Structures and Obstructions for this district are identified in Table Four: Permitted Structures and Obstructions shall apply Limited but Permitted Uses . Bulk Restrictions . Building, Dwelling And Structure Standards . One-story dwellings. Every one-story dwelling hereafter erected shall have a total ground floor area of not less than seven hundred and fifty (750) square feet Dwellings more than one-story. Every dwelling of more than one story hereafter shall have a total floor area of not less than nine hundred and fifty (950) square feet. Floor Area Ratio . There are no floor area ratio regulations for this district. Height . The same regulations shall apply as required or permitted in the R-1 one-family dwelling district. Landscaping . (Reserved) Lot Size . Area. One-family dwelling. Every one-family detached dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than eight thousand (8,000) square feet. Religious Institutions. The same regulations shall apply as required or permitted in the R-1 one-family dwelling district. Width. One-family dwelling. Every one-family detached dwelling hereafter erected or structurally altered shall be on a lot having a width at the established building line of not less than sixty (60) feet, except as provided in the Bulk Restrictions Section. Religious Institutions. The same regulations shall apply as required or permitted in the R-1 one-family dwelling district. Lot Coverage . Lot coverage shall not exceed forty (40) percent. Monotony Standards . (Reserved) Nonconformity . (Reserved) Obstructions . The Permitted Structures and Obstructions for this district are identified in Table Four: Permitted Structures and Obstructions. Performance Standards . (Reserved) Setbacks . The same regulations shall apply as required or permitted in the R-1 one-family dwelling district. Signs . Parking and Loading . (Reserved)

Title . Intent & Purpose . Intent . The R-4 two-family dwelling district is intended to permit two-family dwellings on lots of record prior to October 6, 1987, and for two-family dwellings constructed after October 6, 1987, to ensure consistency and compatibility in character with single-family neighborhoods. District Specific Regulations . Rules . Definitions . Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . Limited but Permitted Uses . Bulk Restrictions . Building, Dwelling And Structure Standards . Each dwelling unit hereafter erected, converted or reconstructed in any R-4 district shall contain floor area in compliance with the following: One-family one-story detached dwellings shall have a total ground floor area of not less than seven hundred and fifty (750) square feet measured from the outside of the exterior walls including utility rooms, but excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes. Every one-family dwelling of more than one (1) story hereafter erected in any R-4 two-family district shall have a total floor area measured from the outside of the exterior walls, of not less than nine hundred and fifty (950) square feet, including utility rooms but excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes, except that enclosed space intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor areas. Two-family dwelling converted prior to October 6, 1987 shall have a total floor area per dwelling unit of not less than six hundred twenty (620) square feet measured from the outside walls, including utility rooms, but excluding all other areas not used for living, eating or sleeping purposes.

Two-family dwellings constructed prior to October 6, 1987 shall have a total floor area per dwelling unit of not less than seven hundred fifty (750) square feet measured from the outside wall, including utility rooms, but excluding all other areas not used for living, eating, or sleeping purposes. Two-family dwellings, constructed or converted after October 7, 1987 shall have, for a two-story or combination one- and two-story building, a combined floor area of two thousand four hundred (2,400) square feet, with no dwelling unit less than one thousand (1,000) square feet. A one-story building shall have a combined floor area of two thousand (2,000) square feet, with no dwelling unit less than nine hundred (900) square feet, measured from the outside wall, including utility rooms, but excluding all other areas not used for living, eating

Title . The Two-Family Dwelling District shall be designated as “R-4A” on the zoning map. Intent & Purpose . Intent . The R-4A two-family dwelling district is intended to update development standards for all newly constructed two-family dwelling developments to ensure consistency and compatibility in character with single-family districts. This district shall apply to all two-family zoning created after December 15, 1987. District Specific Regulations . Rules . (Reserved). Definitions . (Reserved). Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . Limited but Permitted Uses . Bulk Restrictions . Building, Dwelling And Structure Standards . The minimum dwelling standards required in the R-4A shall be as follows: One-family dwellings. The same regulations shall apply as in the R-1 single-family dwelling district. Two-family dwellings. Two-family dwellings, constructed or converted after December 15, 1987, shall have for a two-story or combination one- and two-story building, a combined floor area of two thousand four hundred (2,400) square feet, with no dwelling unit less than one thousand (1,000) square feet. A one-story building shall have a combined floor area of two thousand (2,000) square feet, with no dwelling unit less than nine hundred (900) square feet, measured from the outside wall, including utility rooms, but excluding all other areas not used for living, eating, or sleeping purposes. Floor Area Ratio . Height . The maximum height of buildings shall be thirty-five (35) feet and not to exceed two and one-half (2 1/2) stories. Landscaping . (Reserved) Lot Size . Every one-family or two-family dwelling hereafter erected shall be on a lot having an area of not less than ten thousand (10,000) square feet and a width at the established building line of not less than seventy-five (75) feet. Lot Coverage . (Maximum area): Not more than forty (40) percent of the area of the zoning lot may be occupied by buildings or structures including accessory buildings. Monotony Standards . A newly-constructed single family detached home may not be located next to, across the street from, or cater-corner from another such newly-constructed or existing residential structure which has the same front elevation or the same configuration of building materials or the same colors facing the public street. Nonconformity . (Reserved) Obstructions . The same regulations shall apply as in the R-1 one-family dwelling district. Parking & Loading . (Reserved) Performance Standards . (Reserved) Setbacks . The minimum yard areas required in the R-4A shall be as follows: Front. Thirty (30) feet. Interior side. Eight (8) feet. Exterior side. Fifteen (15) feet. Rear. Twenty (20) feet. Signs .

Title . The Office, Research and Light Industry District shall be designated as “ORI” on the zoning map. Intent & Purpose. Purpose. The ORI office, research and light industry district is provided to support and complement the city’s comprehensive plan, including (a) the land use and circulation plan, and (b) the physical development policies, which guides the compatible shaping of the present and future land use needs of the city. The ORI district requirements are further designed to govern the location, intensity and methods for development of industrial areas in the city. The regulations for the ORI district are designed to provide protection for existing developments while allowing new construction in accordance with current design standards. The regulations further provide for grouping office, research and light industrial uses compatible in scope of services and methods of operation. The ORI is designed to create a landscaped transition between it and adjacent residential, office, commercial, and manufacturing uses and to provide separation and to enhance the visual image of the city. Smoke and particulate matter, vibration, glare, odor, waste and noise are controlled by performance standards. Intent . The ORI office, research and light industry district is intended to provide and maintain in a park-like setting, an environment suitable for and limited to research and development activities, engineering and testing activities, office uses, warehousing, and limited manufacturing that will not have adverse effects upon the environmental quality of the community. It groups compatible uses and promotes the economic development potential of the city. District Specific Regulations. Rules . All activities, except for off-street parking and loading facilities as permitted or required in this district, shall be conducted wholly within an enclosed building. Building bulk requirements. Building bulk requirements shall be expressed in terms of minimum yard requirements and maximum heights, or in terms of floor area ratio (F.A.R.). (Reserved) (Reserved) The business in the ORI district shall be located within a building or structure containing a permitted use and shall not contain advertising visible from the outside of the building or structure. Such business uses shall be primarily for the service and convenience of the tenants and employees of the ORI district in which located. Permitted or conditional uses established in the ORI district shall comply with all required conditions: Not more than one (1) principal building shall be located on a zoning lot within the ORI district. Lot area or other criteria used to satisfy one (1) use cannot be counted again or be used to satisfy an additional use, except by a subdivision of land or by a planned development. Every use, unless expressly exempted by this ordinance shall be operated in its entirety within a completely enclosed structure. Definitions. Use Regulations. Permitted uses. The Permitted Uses for

Title . The Neighborhood Commercial District shall be designated as “NC” on the zoning map. Intent & Purpose. Purpose. The purpose of the Neighborhood Commercial District is to promote economic development by allowing basic convenience retail and services that serve the needs of the immediate neighborhood, consistent with protection of residential uses, enhancement of the area's image and physical appearance, maintenance of circulation safety, and the assurance of compatibility with surroundings. Intent. The Neighborhood Commercial District is intended to allow existing commercial uses at a small scale and limited intensity of use compatible with adjacent residential areas. The allowed uses in the district are intended to accommodate basic convenience retail and service needs of the immediate neighborhood, while limiting commercial activities to those that have the least impact on nearby residences. The district limits adverse effects on residential areas by excluding commercial activities that generate heavy traffic or that involve heavy loading needs, by controlling hours of operation, and by the application of standards to accessory uses and other site features to mitigate adverse effects to the maximum practical extent. The Neighborhood Commercial District is intended to allow existing non-conforming land uses to come into compliance under this District. These properties will require review of site plans, traffic impact, parking, landscaping, and the maintenance of certain land use functions whose operation are wholly within enclosed buildings or which are otherwise totally screened from public view, and comply with all the other provisions of this District. District Specific Regulations. Rules . All activities, except for off-street parking facilities as permitted or required in this district, shall be conducted wholly within an enclosed building. Site Plan Review. Applicability. Prior to being zoned Neighborhood Commercial all properties are subject to a site plan review pursuant to the Standards set forth in subsection (c)(1)b,2,i–vi below, the Use Regulations set forth in subsection (d) et. seq. below, and the Bulk Restrictions set forth in subsection (e) et. seq. below. All building permits must be in conformance with said site plan, as determined by the Zoning Administrator. If the building permit is not in conformance, a revised site plan review pursuant to the following provisions shall be required prior to the building permit being issued. Standards. The city may approve a site plan if it is found that such plan is in substantial conformance to the standards below. The city may reject a plan if any of the following standards are not met: The development is in accordance with the comprehensive plan and the physical development policies of the city. The proposed development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The proposed development maximizes pedestrian and vehicular ci

Title . Intent & Purpose . District Specific Regulations . Rules. All activities, except for off-street parking facilities as permitted or required in this district, shall be conducted wholly within an enclosed building. Definitions. Use Regulations . Permitted Uses. The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses. The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses. Limited but Permitted Uses. Dwelling units, provided they are located above the first floor and above a permitted use and that all lot area, side and rear yards as required for dwelling units in The R-5 Multiple-Family Dwelling District of this ordinance are complied with. All yard requirements shall begin fifteen (15) feet above the first floor elevation. Further, the total square footage permitted for the residential use shall not exceed the total first floor square footage that is utilized for the office or business use. Bulk Restrictions . Building, Dwelling and Structure Standards . Floor Area Ratio . Height . In addition to the height, bulk and lot coverage regulations set forth in sec. 49.105.3, the following district specific provisions shall apply: No building or structure shall be erected or structurally altered to exceed a height of three (3) stories, nor shall it exceed fifty (50) feet in height, except in the area designated by the city as a Number 1 Fire Limit Zone, wherein buildings may be erected or structurally altered without any height limitation. Landscaping . (Reserved) Lot Size . Lot Coverage . Monotony Standards . Nonconformity . (Reserved) Obstructions . (Reserved) Parking & Loading . (Reserved) Performance Standards . (Reserved) Setbacks . The following minimum setbacks shall be provided and maintained in connection with any building or parking lot. Front yard parking shall be regulated by this subsection or by the sec. 49-105.11, whichever is more restrictive. The parking setback provisions of this subsection shall supersede the provisions of sec. 49-105.11. Front, exterior side or exterior rear setback requirements: BUILDING HEIGHT ABUTTING SETBACK (in feet) Any Height Tollway 75 35 Feet or Less Arterial Street 30 Collector or Local Street 15 More than 35 Feet Arterial Street 30 Collector or Local Street 20 Setback exceptions. When exterior yards abut a collector or local street, which includes residentially zoned lots on the same block, if fifty (50) percent or more of the existing buildings are developed at an established setback of less than the required setback, any new B2 building may conform to the average established setback. If such average established setback is between fifteen (15) feet and thirty (30) feet, any new B2 building shall be set back at least an equivalent distance. In no case shall a setback of more than thirty (30) feet be required. The setback requirement for front exterior side or exterior rear yards may be reduce

Title . The General Retail Business District shall be designated as “B-2” on the zoning map. Intent & Purpose . District Specific Regulations . Rules . All activities, except for off-street parking facilities as permitted or required in this district, shall be conducted wholly within an enclosed building. Definitions . Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . In addition to the accessory uses and structures regulations set forth in sec. 49-104.4, the following district specific provisions shall apply: Upholstery and making of draperies, slipcovers, and other similar articles. Limited but Permitted Uses . Dry-cleaning and pressing establishments, when employing facilities for the cleaning and pressing of not more than seven hundred and fifty (750) pounds of dry goods per day, and when using carbon tetrachloride or other similar inflammable solvents approved by the fire department. Dwelling units, provided they are located above the first floor and above a permitted use and that all lot area, side and rear yards as required for dwelling units in The R-5 Multiple-Family Dwelling District of this ordinance are complied with. All yard requirements shall begin fifteen (15) feet above the first floor elevation. Further, the total square footage permitted for the residential use shall not exceed the total first floor square footage that is utilized for the office or business use. Bulk Restrictions . Building, Dwelling and Structure Standards . Floor Area Ratio . Height . There shall be no restrictions as to the height of buildings in the B-2 business district. Landscaping . (Reserved) Lot Size . Lot Coverage . Monotony Standards . Nonconformity . (Reserved) Obstructions . (Reserved) Parking & Loading . (Reserved) Performance Standards . (Reserved) Setbacks . The following minimum setbacks shall be provided and maintained in connection with any building or parking lot. Front yard parking shall be regulated by this subsection or sec. 49-105.11, whichever is more restrictive. The parking setback provisions of this subsection shall supersede the provisions of sec. 49-105. Front, exterior side or exterior rear setback requirements: BUILDING HEIGHT ABUTTING SETBACK (in feet) Any Height Tollway 75 35 Feet or Less Arterial Street 30 Collector or Local Street 15 More than 35 Feet Arterial Street 30 Collector or Local Street 20 Setback exceptions. When exterior yards abut a collector or local street, which includes residentially zoned lots on the same block, if fifty (50) percent or more of the existing buildings are developed at an established setback of less than the required setback, any new B2 building may conform to the average established setback. If such average established setback is between fifteen (15) feet and thirty (30) feet, any new B2

Title . The Business and Wholesale District shall be designated as “B-3” on the zoning map Intent & Purpose . District Specific Regulations . Rules . All activities, except for off-street parking facilities as permitted or required in this district, shall be conducted wholly within an enclosed building. Definitions . Use Regulations . Permitted Uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . Limited but Permitted Uses . Processing, finishing and assembly facilities, provided that space occupied in a building does not exceed six thousand (6,000) square feet of total floor and basement space, not including stairwells, or elevator shafts; and provided such processing or assembly can be conducted without noise, vibration, odor, dust or any other condition which might be disturbing to occupants of adjacent buildings. Bulk Restrictions . Building, Dwelling and Structure Standards . Floor Area Ratio . Height . There shall be no restrictions as to the height of buildings in the B-3 business district. Landscaping . (Reserved) Lot Size . Lot Coverage . Monotony Standards . Nonconformity . (Reserved) Obstructions . (Reserved) Parking & Loading . (Reserved) Performance Standards . (Reserved) Setbacks . The following minimum setbacks shall be provided and maintained in connection with any building or parking lot. Front yard parking shall be regulated by this subsection or sec. 49-105.11, whichever is more restrictive. The parking setback provisions of this subsection shall supersede the provisions of sec 49-105.11. Front, exterior side or exterior rear setback requirements: ABUTTING SETBACK (in feet) Tollway 75 Arterial Street 30 Collector 15 Setback exceptions. When exterior yards abut a collector or local street, which includes residentially zoned lots on the same block, if fifty (50) percent or more of the existing buildings are developed at an established setback of less than the required setback, any new B2 building may conform to the average established setback. If such average established setback is between fifteen (15) feet and thirty (30) feet, any new B2 building shall be set back at least an equivalent distance. In no case shall a setback of more than thirty (30) feet be required. The setback requirement for front exterior side or exterior rear yards may be reduced to ten (10) feet if the following conditions are met: The property was a lot of record on or before November, 1957. A landscape plan is submitted by the owner and approved by the planning director and zoning administrator. The owner commits in writing to have the approved landscaping established no later than June 30th or October 30th following the approval of the landscape plan, whichever shall occur first. The owner demonstrates that the required setbacks cannot be met due to physical or practical difficul

Title . Intent & Purpose . District Specific Regulations . Rules . All activities, except for off-street parking facilities as permitted or required in this district, shall be conducted wholly within an enclosed building. Condition of use. In the O district, there shall be no storage, wholesale, retail, shipping or display of goods or merchandise on the premises except for: (1) incidental and minor storage and retail which is clearly accessory to and customarily associated with the operation of a professional office--such as the dispensing of medicines by physicians on an individual patient basis; (2) displays limited to floor samples in a business office; (3) the exhibition of individual art or craft products in an art gallery; and (4) displays of materials or work normally connected with the operation of a library, school, religious institution, photography studio, or other similar use. However, in the O district there shall be neither window display of goods or merchandise nor any other display, including floor samples, which is readily visible from the public way or from adjoining properties. All business and professional activities shall take place within enclosed buildings. Definitions . Use Regulations . Permitted uses . The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Use . The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses . Limited but Permitted Uses . Dwelling units, provided they are located above the first floor and above a permitted use and that lot area, side and rear yards as required for dwelling units in the R-5 Multiple-Family Dwelling District of this ordinance are complied with. All yard requirements shall begin fifteen (15) feet above the first floor elevation. Further, the total square footage permitted for the residential use shall not exceed the total first floor square footage that is utilized for the office use. Bulk Restrictions . Building, Dwelling and Structure Standards . Floor Area Ratio . The floor area ratio of buildings and structures on a zoning lot shall not exceed 1.6. Height . (Reserved) Landscaping . (Reserved) Lot Size . For each dwelling unit established above the ground floor, at least two thousand (2,000) square feet of lot area shall be provided. Lot Coverage . Monotony Standards . Nonconformity . (Reserved) Obstruction . (Reserved) Parking and Loading . (Reserved) Performance Standards . (Reserved) Setbacks . The following minimum setbacks shall be provided and maintained in connection with any building or parking lot. Front yard parking shall be regulated by this subsection or the sec. 49-105, whichever is more restrictive. The parking setback provisions of this subsection shall supersede the provisions of sec. 49-105.11. Front, exterior side or exterior rear setback requirements: BUILDING HEIGHT ABUTTING SETBACK (in feet) Any Height Tollway 75 35 Feet or Less Arterial Street 30 Collecto

Title . The Business-Boulevard District shall be designated as “B-B” on the zoning map. Intent & Purpose . The intent of the B-B business boulevard district is to combine residential, commercial, office and industrial development in an orderly arrangement along a major street so as to maximize the commercial service benefit it offers and to minimize its harmful affects on (1) traffic movement and flow; (2) traffic safety; (3) the various land uses within and in close proximity to the B-B district; and (4) the beauty of the community. District Specific Regulations . Rules . Definitions . Definitions. As provided for in the Rules and Definitions Section. Use Regulations . Permitted Uses. The use of land or buildings in the B-B district shall be limited to the following: Agricultural implement sales and service. Antique shops. Air conditioning and heating sales and service. Art galleries and studios. Art and school supply stores. Auto accessory store. Automobile sales and service establishments for new passenger automobiles and trucks, including sale of used cars and trucks when operated in conjunction with the principal use. Mechanical repairs, body repairs and repainting may be included. All facilities shall be contained in an enclosed building, except the storage of automobiles and trucks displayed in the open. Automotive service stations, except that no outdoor display of any merchandise except gas pumps, lubricating oil and new tires. Auto, trailer and truck rental agencies. Auto, truck construction equipment and farm equipment sales and storage are permitted in open yards within the district. Auto, truck construction equipment and farm equipment repairs shall be limited to entirely enclosed buildings except that dismantling and wrecking of said vehicles are specifically forbidden within the district. Bakery shop, including the baking and processing of food products, when prepared for retail use on the premises only. Bank and financial institutions. Barbershop, chiropody, massage or similar personal service shop. Battery and tire service stations, but not including recapping of tires. Bicycle sales and repair. Blueprinting and Photostatting establishments. Boat, motorcycle and truck sales, service and major automotive repair, but only when confined within an enclosed structure. Book and stationery store. Beauty parlor. Building material sales, when conducted wholly within a building. Candy and ice cream shops. Camera and photographic supply shops. Catering establishments. Religious institutions, provided that the requirements of The Bulk Restrictions Section are complied with. Clubs and fraternal organizations. Costume rental shop. Coin and philatelic stores. Contractors' offices and shops, where no fabricating is done on the premises and where all storage of material is within a building. Custom dressmaking, millinery, tailoring or shoe repair when conducted for retail sales on the premises only. Delicatessens. Department stores. Dress shops.

Title . The Downtown Core District shall be designated as “DC” on the zoning map. Intent and Purpose . Purpose . The downtown core district, bounded as described herein, is meant to preserve, enhance and promote the pedestrian character of the city's central business district. The downtown core is the center of government, culture, transportation, finance, specialized retail, and professional offices. The downtown core offers an accessible market and diverse spaces necessary for small scale, independent businesses. It permits office, retail and service uses as well as light industry, and has the support services necessary for these firms. The downtown core is uniquely suited to entertainment and recreation. It encompasses numerous historic buildings. Pedestrian access to the Fox River, and the appropriate building facades, street furniture, signage and landscaping are encouraged. The downtown core encourages both daytime and nighttime activities by permitting a mixture of uses. It permits retail and service sidewalk activities in order to attract pedestrians. It also promotes pedestrian safety, convenience and comfort by regulating ground floor land uses, certain heavy auto traffic uses, and additional parking. Nuisances are prevented through standards for downtown light industries and prohibition of inappropriate land uses. District Specific Regulations . Rules . All activities shall be conducted wholly within an enclosed building with the exception of the following: Sidewalk activities. Density and intensity. There shall be no restrictions or regulations regarding a minimum lot area, minimum lot width, maximum ground coverage, minimum ground floor area per building, maximum floor area ratio, or maximum height (except as provided by the building code). Dwelling standards are provided by the applicable codes and ordinances of the city. Existing buildings. As provided by this the DC Downtown Core District and sec. 49-105, where applicable. Certain storage prohibited. Outside storage of vehicles, equipment or materials is prohibited. Large scale developments: Downtown. Requirements. Definition and size limitation: A development or redevelopment having gross leasable area of thirty thousand (30,000) square feet or greater, which is developed as a unit under unified or coordinated control of its planning and development. Permitted uses: Those uses permitted in the downtown core. Landscaping. As specified in applicable ordinance; specifications may be increased in accordance with the DC Downtown Core District hereof. Standards. The commission may recommend that the application for a large-scale development be approved if the commission finds that such development is in substantial conformance to the standards below. The commission may recommend that the application for such development be denied if any of the following standards are not met. The development is in accordance with the comprehensive plan and the physical development policies of the city.

Title . The Downtown Fringe District shall be designated as “DF” on the zoning map. Intent & Purpose . Purpose. The purpose of the downtown fringe district is to promote economic development by allowing a maximum of uses to be permitted near the center of the city consistent with protection of residential uses, enhancement of the area's image and physical appearance, maintenance of circulation safety, and the assurance of compatibility with surroundings. Intent. The downtown fringe district is intended to permit a large number of land uses, while requiring municipal review of traffic-related and large-scale uses, performance standards for industrial uses, and the maintenance of certain land use functions within enclosed buildings or otherwise totally screened from public view. District Specific Regulations. Rules . Density and intensity. There shall be no restrictions or regulations regarding a minimum lot area, minimum lot width, maximum ground coverage, minimum ground floor area per building, maximum floor area ratio, or maximum height (except as provided by the building code). Dwelling standards are provided by the applicable codes and ordinances. Existing buildings. As provided by this the F Downtown Fringe District, and sec. 49-105, where applicable. Reserved Definitions. Use Regulations. Permitted uses . The following uses shall be permitted as specified in this section excepting related outside storage of vehicles, boats, equipment, or materials, as either a principal or accessory use. Retail. Agricultural implement sales and service when conducted wholly within an enclosed building. Air conditioning sales and service. Auto and vehicle sales, new. Boat showroom and repairs, including outboard engine service. Building material sales, wholly within a building, where all delivery vehicles have no more than two (2) axles, and where off-street, on-site parking is provided as specified in the Bulk Restrictions Section, but only at the locations where such uses presently exist: 223 Spring Street, and 58 S. Lake Street. Clothing-related uses (new), such as wearing apparel, shoes, hats, dresses, furriers, department stores, sewing supplies, and fabric stores. Craft sales and manufacture, such as decorative metal, pottery, woodworking, art studios, similar fine art uses. Food and consumables, such as groceries, meat and fish markets, delicatessens, food stores, fruit stores, farmers' markets, candy, ice cream, tobacco and bakery shops. Garden supply and feed stores, wholly within a building. General, such as drugstores. Gift uses, such as gift, greeting card, pet and frame shops, and florists. Hobby uses, such as coin and stamp, camera and photo supply, hobby, antique, art galleries, sporting goods, toys, leather and luggage, musical instrument sales and repair, costume rental, record and video shops. Household uses, such as hardware, household, locksmiths and variety stores. Information-related uses, such as art and school-supply stores, office sup

Title . The Research and Development District shall be designated as “RD” on the zoning map Intent and Purpose . General Requirements; Purpose . The RD research and development district is provided to support and complement the city’s comprehensive plan, including (a) the land use and circulation plan, and (b) the physical development policies, which guides the compatible shaping of the present and future land use needs of the city. The regulations for the RD district are designed to provide protection for existing developments while allowing new construction in accordance with current design standards. The RD district is designed to create a landscaped transition between it and residential, office, commercial and manufacturing uses, to provide separation and to enhance the visual image of the city. Smoke and particulate matter, vibration, glare, odor, waste and noise are controlled by performance standards. Specific district requirements; intent . The RD research and development district is intended to provide and maintain in a park-like setting, an environment suitable for and limited to research and development activities, engineering and testing activities, and office uses. The production of plans, products, or designs is permitted when the primary purpose of such production is research development or evaluation. District Specific Regulations. Rules . Required conditions. Permitted and/or conditional uses established in the RD district shall comply with all required conditions: Not more than one (1) principal building shall be located on a zoning lot within the RD district. Lot area or other criteria used to satisfy one use cannot be counted again or be used to satisfy an additional use, except by a subdivision of land or by a planned development. Every use, unless expressly exempted by this ordinance, shall be operated in its entirety within a completely enclosed structure. All outdoor storage areas of goods, products, materials, supplies, machinery, equipment, or commercial vehicles, shall be enclosed to a height of eight (8) feet above grade and screened to an opacity of not less than seventy-five (75) percent, as follows: A fence eight (8) feet above grade, or Berming and/or landscaping screen, or A combination of fencing, berming, and/or landscaping. Except or [as] otherwise provided by conditional use herein, establishments of the drive-in or drive-through type are prohibited. Buildings existing on the date of this the RD Research and Development District may be converted to permitted or conditional uses if in compliance with all applicable ordinances All processes and equipment in the RD district shall comply with the provisions of performance standards as set forth in ORI Office, Research and Industrial District of this ordinance. Required conditions. The following conditions shall be required: No product shall be produced in the RD district primarily for sale either directly or indirectly, except such products that, by their characte

Title . The Limited Manufacturing District shall be designated as “M-1” on the zoning map. Intent & Purpose. District Specific Regulations. Rules . All activities, except for off-street parking and loading facilities, as permitted or required in this district, shall be conducted wholly within an enclosed building or within a fully screened outside storage area where specifically allowed pursuant to the Permitted Use section below. Since most uses permitted in this district will be in close proximity to residential districts, it is hereby declared that performance standards shall be high, and that all manufacturing, processing or assembly of materials and products must be carried on in a manner not injurious or offensive to the occupants of adjacent premises by reason of the emission of odors, fumes or gases, dust, smoke, noise, vibrations or fire hazards. Definitions. Use Regulations. Permitted uses. The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses. The Conditional Uses for this district as identified in Table One: Use Categories shall apply. Accessory Uses. The Use Regulations Section of this ordinance shall apply. Limited but Permitted Uses. Dwelling Unit. Dwelling accommodations as may be needed to house a caretaker or watchman employed on the premises, and their families. Vehicle Repair, Major. When confined within an enclosed structure (including autos needing work), and only when such lot is located at least two hundred fifty (250) feet away from any residential district or lot with residential use. Bulk Restrictions. Building, Dwelling and Structure Standards. Floor Area Ratio. Height . The provisions of sec. 49-105.3 shall apply in addition to the following District specific regulations: No building or structure shall be erected or structurally altered to exceed a height of four (4) stories nor shall it exceed forty-five (45) feet in height except as provided in sec. 49-105.3. Landscaping . (Reserved) Lot Size. The maximum ground area occupied by all buildings shall be not more than sixty (60) percent of the area of the lot or tract on which a building permit has been issued. Lot Coverage. Monotony Standards. Nonconformity . (Reserved) Obstructions. (Reserved) Parking and Loading. (Reserved) Performance Standards . In addition to the accessory uses and structures regulations set forth in sec. 49-104.4, the following district specific provisions shall apply: : Noise: Noise standards shall be those measurement and administrative procedures most recently adopted by the State of Illinois and enforced by the Illinois Environmental Protection Agency, Division of Land/Noise Pollution Control. All uses within this district shall not exceed the sound pressure levels as provided therein. Complaints regarding noise shall be forwarded by a complainant to the State of Illinois Noise Pollution Control Board for hearing and decision in accordance with the rules and regulations of said board. N

Title . The General Manufacturing District shall be designated as “M-2” on the zoning map. Intent & Purpose. District Specific Regulations. Rules . All activities, except for off-street parking and loading facilities, as permitted or required in this district, shall be conducted wholly within an enclosed building or within a fully screened outside storage area where specifically allowed pursuant to the Permitted Use section below. The uses in this district generally include those manufacturing and industrial activities which cannot be operated economically without creating some conditions which may be obnoxious or objectionable to the occupants of adjoining properties and for that reason, must be grouped in areas where similar industrial uses are now located or where the permitted uses will be best located in accordance with the comprehensive land use plan of the city, which is designed to protect the welfare of the community When the boundaries of an M-2 district are adjacent to R residential or B residential districts, the regulations governing noise shall conform to the regulations provided for in the B-3 Business Wholesale District. Definitions. Use Regulations. Permitted uses. The Permitted Uses for this district as identified in Table One: Use Categories shall apply. Conditional Uses. The Conditional Uses for this district as identified in Table One: Use Categories shall apply. In addition: Heavy Industrial. When located more than five hundred (500) feet from any part of an R district and upon a finding that the proposed use will not be injurious to the public welfare and the surrounding neighborhood, and consistent with the spirit and purpose of this ordinance. A heavy industrial use include in general, those uses which have been declared a nuisance in any court of record or which are or may be unreasonably obnoxious or offensive in the opinion of the zoning administrator by reason of the emission of odor, vapor, smoke, or gas. Accessory Uses. Limited but Permitted Uses. (Reserved) Bulk Restrictions. Building, Dwelling and Structure Standards. Floor Area Ratio. Height. In addition to the height, bulk and lot coverage regulations set forth in sec. 49.105.3, the following district specific provisions shall apply: No building or structure shall hereafter be erected or structurally altered to exceed a height of six (6) stories or seventy-five (75) feet, except as provided in sec. 49-105.3 Landscaping. (Reserved) Lot Size. Lot Coverage. Monotony Standards. Nonconformity. (Reserved) Obstructions. (Reserved) Parking and Loading. (Reserved) Performance Standards. In addition to the performance standards regulations set forth in sec. 49.105.10, the following district specific provisions shall apply: Noise: Noise standards shall be those measurement and administrative procedures most-recently adopted by the State of Illinois and enforced by the Illinois Environmental Protection Agency, Division of Land/Noise Pollution Control. All uses within this d

102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, International Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, Illinois State Plumbing Code and NFPA 70. All existing structures shall conform to the International Fire Code, IRC appendix J and the Existing Building Code provisions. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Aurora Zoning Ordinance.

103.2.1 Code Official. The Manager of the Property Maintenance compliance officers is hereby designated as the code official. Additionally, all managers of the code official, the building and fire code officials, the fire chief and fire marshal shall additionally be granted the powers of the code official.

103.3.1 Deputies. All city inspectors and compliance officers are hereby delegated authority to act as the code official.

103.5.1 Fee Resolutions and Notices, Fine and Penalty schedules and Notices. Fees, Fines and Penalties shall be as adopted in resolutions or ordinances and as posted on-line in and/or as set by the Administrative Hearing Officer. (See Fine Schedule in Municipal Code Chapter 1-GENERAL PROVISIONS Section 1-11; This Code; Section 106.4, Section 109.7, Section 302.4.2, Rental Program Fees, P-Ticket Fines and other Fees and Fines as posted on the City Website).

103.6 Restriction of Employees. An Official or an employee connected with the enforcement of this code, except whose only connection is that of a member of a board of appeals, shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department.

103.7 Rental Properties Owned by City of Aurora Employees. Employee owned or partially owned rental properties shall be inspected and/or witnessed by Property Standards division management until a qualified third party vendor can be engaged to provide these inspection services. Upon commencement of the third party program, if the cost of the third party services are borne by the licensee, the inspection related portion of the fees of the city program may be waived to the extent required to equal the currently applicable licensing charges for others.

106.1 Unlawful Acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code or any of Aurora's codes or ordinances.

106.4.1 Penalty Amounts. Upon conviction or a finding of liability therefo

The following sections of the 2024 International Residential Code adopted in section 12-16 is hereby revised as follows:

R101.1 is amended to read:

These provisions shall be known as the Residential Code for One- and Two-family Dwellings of The City of Aurora, and shall be cited as such and will be referred to herein as "this code."

R103.1 is amended to read:

The Division of Building and Permits under the Developments Services Department is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

105.1 Required is amended to read:

Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, including detached accessory structures, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code; or to construct, erect, install, or enlarge a fence; or construct any driveway or for the installation of pavement in the form of private walks, patios or parking pads adjacent to driveways capable of parking vehicles or construct or modify pavement in the public right-of-way, including public sidewalks, aprons, curbs, and curb-cuts, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.

R105.2 is amended to read:

Work Exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for projects where in the opinion of the building official the material costs are under seven hundred and fifty dollars ($750.00), or where the material plus the labor costs are less than one thousand five hundred dollars ($1500.00) unless the building official determines necessary to issue when the permit is the subject of curing a code violation citation. In addition, permits shall not be required for the following:

Building:

Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18 927 L) and the ratio of height to diameter or width does not exceed 2 to 1. Sidewalks on private property not more than 30 inches above adjacent grade and not over any basement or story below, and are not part of an accessible route, provided that the sidewalk is not adjacent to a driveway for more than 5 feet. (Some private property sidewalks, all sidewalks in rights-of-way and all driveways require permits). Painting, papering, tiling, carpeting, cabinets, co

SECTION 101 - GENERAL

101.1 Purpose. A purpose of this code is to establish minimum requirements to safeguard public health, safety and general welfare by regulating and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of electrical systems and equipment.

101.2 Scope. This code applies to the design, construction, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of electrical systems and equipment.

101.3 Appeals: Appeals shall be conducted by the Electrical Commission as defined in Article I of the Aurora Building Code and per the adopted rules of the Commission.

SECTION 102 - APPLICABILITY

102.1 General. The provisions of this code apply to all matters affecting or relating to structures and premises, as set forth in Sec.101.

102.2 Existing installations. Except as otherwise provided for in this chapter, a provision in this code shall not require the removal, alteration or abandonment of, nor prevent the continued utilization and maintenance of, existing electrical systems and equipment lawfully in existence at the time of the adoption of this code.

102.2.1 Practical Safeguarding for Existing Installations. Existing electrical installations that do not comply with the provisions of this code shall be permitted to continue in use unless the authority having jurisdiction determines that the lack of conformity with this code presents an imminent danger to occupants. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard.

1.  Non-Compliant Existing Conditions and Installations at existing structures undergoing repairs, renovations, alteration, extensive alterations or reconstruction may remain unless indicated to be remedied in proportion to the extent of the project per the adopted existing structures code:

a.  One- and Two-Family structures; refer to the adopted International Residential Code -Appendix BO.

b.  Non-One- and Two-Family structures; refer to the adopted International Existing Building Code.

2.  In addition by further determination of the authority having jurisdiction, the following are hereby determined to constitute an imminent danger to occupants.

a.  Inadequate Service Capacity

b.  Inadequate Service Grounding

i.  Grounding location more than 5 feet from water service entry and per Art 250.68 (C).

ii.  Grounding or bonding locations where non-conductive materials interrupt the required conductive path per Art 250.68 (B).

c.  Improper fusing

d.  Improper wiring or installation that was not installed per the applicable code at the date of the installation.

e.  Deterioration or Damage

f.  Corroded, Rusted Switchgear, Bussing, Branch Circuit Panelboards

g.  Electrical wiring, of all types, not supported in an approved manner.

h.  Splices unenclosed in approved boxes other than Knob and Tube wiring in areas where

The following sections of the 2024 International Plumbing Code adopted in section 12-16 is hereby revised as follows:

101.1 is amended to read:

These regulations shall be known as the Plumbing Code of the City of Aurora, hereinafter referred to as "this code."

101.2 is amended to read:

Where not specifically addressed by the current Illinois Plumbing Code, the provisions of this code shall apply to the erection, installation, alteration, repairs, relocation, replacement, addition to, use or maintenance of plumbing systems within this jurisdiction. This code shall regulate nonflammable medical gas, inhalation anesthetic, vacuum piping, nonmedical oxygen systems and sanitary and condensate vacuum collection systems. The installation of fuel gas distribution piping and equipment, fuel-gas-fired water heaters and water heater venting systems shall be regulated by the International Fuel Gas Code.

Exception: Detached one- and two-family dwellings and townhouses not more than three stories above grade plane in height with a separate means of egress, and their accessory structures not more than three stories above grade plane in height, shall comply with this code or the International Residential Code.

103.1 is amended to read:

The Division of Building and Permits under the Developments Services Department is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

108.6 is amended to read:

The code official shall authorize the refunding of fees per the Aurora Building Code Section 109.6.

112.1 is amended to read:

Means of appeal to this code shall be in accordance with the provisions of the 2024 Aurora Building Code.

112.2 is deleted.

112.3 is deleted.

112.4 is deleted.

114.4 is amended to read:

Violation Penalties shall be as prescribed in the International Building Code Section 114.4.

114.4.1 is added to read:

Unlawful continuance fines shall be as prescribed in the International Building Code Section 115.3.

(Ord. No. O18-013, Exh. A, 1-23-18)

The following sections of the 2024 International Building Code adopted in section 12-16 is hereby revised as follows:

101.1 Title is amended to read:

These regulations shall be known as the Building Code of The City of Aurora, hereinafter referred to as "this code."

103.1 is amended to read:

The Division of Building and Permits under the Developments Services Department is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration, and enforcement of the provisions of this code.

105.1 Required is amended to read:

Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, including detached accessory structures; or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code; or to construct, erect, install, or enlarge a fence; or construct any driveway or for the installation of pavement in the form of private walks, patios or parking pads adjacent to driveways capable of parking vehicles or construct or modify pavement in the public right-of-way, including public sidewalks, aprons, curbs, and curb-cuts, or to cause any such work to be performed, shall first make application to the building official and obtain the required permit.

105.1.1 is deleted.

105.1.2 is deleted.

105.2 is amended to read:

Work exempt from permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for projects where in the opinion of the building official the material costs are under seven hundred and fifty dollars ($750.00), or where the material plus the labor costs are less than on thousand five hundred dollars ($1500.00) unless the building official determines necessary to issue when the permit is the subject of curing a code violation citation. In addition, permits shall not be required for the following:

Building:

1.  Oil derricks.

2.  Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

3.  Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed 2 to 1.

4.  Sidewalks on private property not more than 30 inches above adjacent grade and not over any basement or story below, and are not part of an accessible route; provided that the sidewalk is not adjacent to a driveway for more than 5 feet. (Some private property sidewalks, all sidewalks in rights-of-way and all driveways require permits).

5.  P

Generally . The uses listed in this section are deemed to be permitted uses and shall not require administrative review or a special use permit, but require a building permit(s) and any other applicable permits. Permitted uses . Communications facilities located on property owned, leased or otherwise controlled by the city are specifically permitted in any zoning district, except in a historic or overlay district, provided a license agreement authorizing such communications facilities has been approved by the city. New or replacement poles or modifications to existing poles, are permitted in the public right-of-way or on private property in any zoning district, provided a license agreement authorizing such communications facilities has been approved by the city. Said installations are subject to the review and approval of a site-specific permit/commercial pole permit (CPOL) and the provisions of section 19-68 and if in the public right-of-way section 42-304(d). Antennas or other communication facilities mounted on new, existing or modified poles are permitted in the public right-of-way or on private property in any zoning district, up to ten (10) feet above the height of the pole, provided a license agreement authorizing such communications facilities has been approved by the city. Said installation shall not be allowed on decorative light poles and are subject to the review and approval of a site-specific permit/commercial pole permit (CPOL) and the provisions of section 19-68 and if in the public right-of-way section 42-304(d). In order to encourage the use of monopoles, the reconstruction of an existing tower to monopole construction in the same location, of equal height, and deemed in conformance with the provisions of this article shall be permitted. New antennas (not attached to a tower) on an existing building may be permitted as an accessory use, provided: The property is in a commercial zoning district, industrial zoning district or on a three (3) story or higher building in a R-5 Multiple-Family Dwelling District; R-5A Midrise Multiple-Family Dwelling District; planned developments where uses are consistent with R-5 or R-5A Zoning Districts (PD); Planned development districts where uses are consistent with R-5 or R-5A Zoning Districts (PDD); The antenna does not extend more than fifteen (15) feet above the highest point of the building; The antenna complies with all applicable FCC and FAA regulations; The antenna complies with all applicable building codes; and The antenna is set back from any existing or planned off-site residential property zoned R-1 through and including R-4A, a distance of no less than one hundred (100) feet. New antennas on existing towers. To encourage the maximum use of existing towers, an antenna which is attached to an existing tower may be permitted provided the type, location and height of the tower is not changed.

(Ord. No. O16-083, 12-13-16; Ord. No. O16-083, 12-13-16; Ord. No. O17-024, 5-23-17; Ord. No. O

Principal or accessory use . Communications facilities, towers, antennas and poles, may be considered either principal or accessory uses. A different existing use of an existing structure on the same zoning lot shall not preclude the installation of an antenna, pole or tower on such lot. Lot size . For purposes of determining whether the installation of communications facilities, towers, antennas and poles complies with this article, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire zoning lot shall control, where applicable, even though the communications facilities may be located on leased parcels within such lot. Measurement . For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the city irrespective of municipal and county jurisdictional boundaries. For the purposes of measurement, height or total height shall mean and be calculated as, the distance measured from the lowest point on the ground of the structure to the highest point on the structure, including the base pad and any antenna. Not essential services . Communications facilities, towers and antennas shall be regulated and permitted pursuant to this article and shall not be regulated or permitted as essential services, public utilities, or private utilities. Inventory and tracking . The zoning administrator may compile a map and list of towers, antennas, and poles, and maintain and update the same from information furnished by all communications providers. The zoning administrator may issue a registration number to be affixed to and displayed on each such facility. A reasonable fee as determined by the zoning administrator may be assessed for an initial registration and annual inspection fees. Aesthetics . All such communication facilities shall meet the following requirements: Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted so as to reduce visual obtrusiveness. Poles shall be of a design consistent with any existing adjacent poles. Design of the accessory buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings. Where there is sufficient space, underground vaults may be utilized for equipment associated with communications facilities. Antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible, unless a different color is needed for public safety or service reliability reasons. Lighting . Towers, antenna and poles shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required

City of Aurora Table 4 - Permitted Structures and Obstructions A = Accessory Use P = Permitted (Shall not be considered an obstruction when located in the specified yard or setback) L = Limited (Shall be permitted in the specified yard or setback when it complies with additional regulations) Blank Cell = Not Permitted STRUCTURE/OBSTRUCTIONS BUILDABLE AREA SETBACKS YARDS Front Interior Side Exterior Side Interior Rear Exterior Rear Front Interior Side Exterior Side Interior Rear Exterior Rear Single Family Dwelling Districts: E, R1, R2, and R3 Air conditioning or other heating and ventilation equipment - screening required when located in a side yard P P P P 1 Alternative energy systems L L L L Arbors and trellises P P P P P P P P P P P Architectural elements and other appurtenances twenty-four (24) inches or less. Includes but is not limited to bay windows, chimneys, overhanging eaves, gutters, awnings, canopies, window air conditioners, cable satellite dishes, bird feeders. (R1, R2, and R3 zoned properties) P P P P P P P P P P P Architectural elements and other appurtenances thirty-six (36) inches or less. Includes but is not limited to bay windows, chimneys, overhanging eaves, gutters, awnings, canopies, window air conditioners, cable satellite dishes, bird feeders (Estate zoned properties only) P P P P P P P P P P P Balconies P P P Basketball goal (limited to one pole mounted or garage mounted goal in front or side yards of residential districts, not closer than five (5) feet from any property line, and located within or adjacent to driveway pavement if located in the front, side, or exterior side yard.) P P P P P P P P P P P 1 Boathouse, private A L L L L L L L 5 Dog runs, enclosed - not less than 10' from property line L L L 2 Driveways L L L L L L L L L L L 1 Electric Vehicle Charging Stations A L L L L L L L L L L 6 Federally licensed amateur radio stations, citizen band radio operator, and receive only antennae L P P 3 Fences and walls L L L L L L L L L L L Flag poles P P P P P P P P P P P 1 Garage, detached A L L L L L L L 1 Garden House A L L L L L L L Gazebo A L L L L L L L 1 Greenhouse, private A L L L L L L L Laundry-drying equipment P P P P P Lawn furniture, such as benches, sundials, porch swings, bird baths, and other nonpermanent features P P P P P P P P P P P Parking 2 Motor vehicle, off-street parking 2 Recreational vehicle, off-street parking - - - - - - - - - - - A L L L L L L L L L L L L L - L L L L - L L Patios, porches, decks or terraces - unroofed, and not closer than five (5) feet from property lines. P P P P P P P 2 Paved areas - District specific regulations apply L L L L L L L L L L L 1,4 Pools A L L L L L L L Recreation courts, private (i.e volleyball, basketball, tennis, shuffleboard) - not closer than ten (10) feet from property lines P P P 1 Recreational, playground equipment or playhouses A L L L L L L L 1 Sheds and similar buildings or structures for domestic or agricultural storage. A L L L L L L L Steps, four

A = Accessory Use P = Permitted By-Right Use C = Conditional Use Review Required L = Limited but Permitted Use P(C) = Permitted but may require a Conditional Use pursuant to criteria in the Additional Regulations Blank Cell = Use Not Permitted

E R-1 R-2 R-3 R-4 R-4A R-5 R-5A B-1 B-2 B-3 O DC ORI M-1 M-2 Additional Regulations 1000 Residence or accommodations - - - - - - - - - - - - - - - - 1100 Private household / Dwelling Unit P P P P P P P P L L C L L L L Sections 49-108.2(d)(4)a; 49-108.3(d)(4)b; 49-108.5(d)(4)a; 49-108.7(d)(4)a; 49-108.8(d)(1)e; 49-109.2(d)(4)a. 1110 One Family Dwelling P P P P P P 1120 Two Family Dwelling P P 1130 ROW Dwelling (Party Wall) P P P 1140 Multi-Family Dwelling P P 1150 Manufactured Home / Mobile Home Park 1200 Housing services for the elderly C C C C C C C 1300 Hotels, motels, or other accommodation services - - - - - - - - - - - - - - - - 1310 Bed and breakfast inn C C C L 1320 Rooming and boarding / Single Room Occupancy C C 1330 Hotel, minor C C C C C C Otherwise complying with Article X of Chapter 25 of the Aurora Municipal Code 1340 Motel C C Otherwise complying with Article X of Chapter 25 of the Aurora Municipal Code 1350 Hotel, limited service C C C C C C Otherwise complying with Article X of Chapter 25 of the Aurora Municipal Code 1360 Hotel, select service C C C C C C Otherwise complying with Article X of Chapter 25 of the Aurora Municipal Code 1370 Hotel, full service C C C C C C Otherwise complying with Article X of Chapter 25 of the Aurora Municipal Code 1380 Hotel, convention P(C) P(C) P(C) Otherwise complying with Article X of Chapter 25 of the Aurora Municipal Code 1400 Home occupations L L L L L L L L Section 49-107.3(b) 1500 Community Residence - - - - - - - - - - - - - - - - 1510 Community Residence, minor L L L L L L L Section 49-104.2(b). 1520 Community Residence, major C C C C C C C C C 1530 Community Residence, transitional C C 2000 General sales, services or office - - - - - - - - - - - - - - - - 2100 Retail sales or service P P P P A P P Otherwise complying with Chapter 25 of this code 2110 Retail sales or service, with a Drive Through P(C) P(C) P(C) P(C) 2115 Cannabis Dispensing Facility C C C C C C Otherwise complying with IL Public Act O98-0122 and Public Act 101-0027 and Section 49-104.3(c) 2120 Used clothing stores P P L P P Otherwise complying with Article VI of Chapter 25 of this code 2130 Industrial Arts, manufacture and sales P P P P P 2140 Beer, wine, and liquor store P P P P Otherwise complying with Chapter 6 of this code 2150 Meat Market P P P P P 2160 Pawnshop C C C C C Otherwise complying with Article VI of Chapter 25 of this code & Section 49-104.3(c). 2170 Flea Market C C C C C Otherwise complying with Article VII of Chapter 25 of this code 2180 Regional consumer goods sales or service P P C P P 2181 Lumber yard and building materials C P P 2182 Heavy machinery repair and chemical cleaning services P P 2190 Adult businesses P Otherwise complying with Article III of Chapte

Paragraphs (1) and (2) above, provide the following information:

(a) The date on which the last campus development plan was approved.

(b) Graphic renderings of the entire college and/or theological seminary campus depicting the following items and highlighting all proposed changes to existing conditions: [1] All significant natural, topographical, and physical features of the land, including soil conditions as they affect development and topographical contours at one-foot intervals; [2] The location and extent of tree cover, including single trees in excess of six inches in diameter at breast height; [3] The location and extent of water bodies and watercourses as well as floodways, flood fringe, and flood table land on the campus; [4] Existing drainage structures and patterns; [5] The location, size (including gross and net floor area, number of dwelling units, and designated lot area, where relevant), height in stories and feet, and use of all structures and uses without structures on the campus; [6] Minimum setback dimensions; [7] All public and private streets, driveways, circulation aisles, parking spaces, loading spaces, sidewalks and walkways; [8] The location, size, and arrangement of all outdoor signs and lighting; [9] The location, dimensions, and size of all bufferyards and landscaping required by this code; and [10] The total lot area and the location and total area of all usable open space.

(c) Computations of existing and proposed building coverage and lot coverage of the campus.

(d) A landscaping plan which sets forth a program for the installation of bufferyards, landscaping, and screening in the College District, as well as a statement which summarizes the status of such installation and certifies current compliance with such landscaping plan.

(e) A statement summarizing all changes that have been made or are proposed to be made to the campus since the last approval of a campus development plan.

(f) With respect to each specific change in the campus development plan involving any development or redevelopment on the campus, an application for site plan approval meeting the requirements of Paragraph E(13) of this section and § 260-1165 of this code for that portion of the campus directly impacted by such development or redevelopment.

(13) Applications for site plan approval. Whenever an application filed pursuant to any provision of this code involves any use, construction, or development requiring the submission of a site plan pursuant to § 260-1165 of this code, a site plan illustrating the proposed use, construction, or development and providing at least the following data and information, on one or more sheets, shall be submitted as part of the application:

(a) A graphic rendering of the existing conditions, which depicts: [1] All significant natural, topographical, and physical features of the subject property, including topographical contours at one-foot intervals; [2] The location and extent of tree cover, including s

A. One principal building per lot. Not more than one principal detached residential building shall be located on a zoning lot; and no principal detached residential building shall be located on the same zoning lot with any other principal building.

B. One dwelling per lot. Not more than one dwelling shall be located on a zoning lot; and no structure, other than such dwelling, used, intended to be used, or designed to be used for permanent or temporary residential purposes shall be located on the same zoning lot as such dwelling.

C. Construction materials. The exterior walls of each structure with a gross floor area exceeding 30 square feet shall be constructed of brick, stone, stucco, natural wood, or vinyl or metal siding of a type ordinarily used in the construction of single-family residential dwellings. In addition, the exterior walls of accessory structures exceeding 30 square feet and not exceeding 250 square feet may also be constructed of durable plastic material similar to a high-density polyethylene (HDPE), provided that the following criteria are satisfied: [Amended 1-9-2023 by Ord. No. 2023-01]

(1) Except as otherwise noted below, shall abide by the bulk, space, height, and yard requirements noted in § 260-311 of this Code.

(2) Shall be placed on a hard surface and bolted to the ground.

(3) Shall be screened by plant material that provides visual relief throughout the year from both the public way and adjacent properties.

(4) Shall be located to the rear of the dwelling and may be located in a required rear yard, provided such facilities are set back at least 10 feet from the dwelling and at least 15 feet from each side and rear lot line. Unless set back 30 or more feet from all lot lines, such facilities shall be buffered by a perimeter landscaped bufferyard of no less than 10 feet and shall be screened by a densely planted hedge of not less than eight feet in height. Such screening shall be provided on all sides of such facility visible from any adjoining property or any public or private street.

(5) Shall follow all manufacturer instructions when installing said accessory storage shed, as well as all other applicable federal, state, or local codes, ordinances, regulations, or requirements. D. Compliance with Village dog and horse regulations. The keeping, harboring, or otherwise maintaining of any dog or the keeping of any horse on a residential lot in the Village shall be in compliance with Chapter 141, General Offenses, Article VIII, of the Village Code as they may be amended from time to time, including without limitation the following dog restrictions: [Added 11-12-2002 by Ord. No. 2002-29]

(1) No owner shall be permitted to keep, harbor, or otherwise maintain more than the following number of dogs on a lot in the Village:

(a) No more than three dogs on any lot containing less than 80,000 square feet in area.

(b) No more than four dogs on any lot containing at least 80,000 square feet in area but less than 120,000 squ

by Ord. No. 2005-34; 1-22-2007 by Ord. No. 2007-03; 1-25-2010 by Ord. No. 2010-02; 11-12-2013 by Ord. No. 2013-21] The building height, lot, yard, floor area ratio, coverage, and spacing requirements applicable in the residential districts are set forth in the following table. Footnote references appear in Subsection G of this section at the end of the table.

Residential District A B A. Maximum building height (whichever is less)

(1)

(1) Feet 31

(2) 31

(2)

(2) Stories 3 3 B. Minimum lot area and dimensions (3)(15)

(1) Total lot area (square feet)

(a) Planned unit developments 800,000 N/A

(b) All other uses 160,000 80,000

(2) Lot area per dwelling (square feet) 160,000 (4)(5) 80,000

(3) Lot width (feet) 200

(6) 142 C. Minimum yards (6)(7)(8)(15)

(1) Front and corner side (feet) (9)(10) 20% of lot depth, but no less than 50 20% of lot depth, but not less than 35 Residential District A B

(2) Side

(feet)

(11) 25 25

(3) Rear (feet) (11)(12) 20% of lot depth, but 20% of lot depth, but no less than 50 no less than 35 D. Maximum gross floor area (square feet)

(15) 2,500 plus 5% of total lot area; plus an additional 650 for garage space only; plus an additional 100 plus 0.6% of total lot area for canopies, covered porches, covered walkways, and accessory buildings other than garages 2,500 plus 5% of total lot area; plus an additional 650 for garage space only; plus an additional 100 plus 0.6% of total lot area for canopies, covered porches, covered walkways, and accessory buildings other than garages E. Maximum lot coverage (square feet)

(15) 1,500 plus 15% of total lot area 2,000 plus 20% of total lot area

(13) F. Minimum spacing between principal and accessory structures (feet) 10 10

(14) G. Exceptions and explanatory notes:

(1) Height limitation for accessory structures. The maximum building height of any accessory structure shall be 15 feet; provided, however, that private stables with lofts used solely for the storage of feed or equestrian equipment may extend to a maximum building height of 20 feet and flagpoles may extend to a height of 10 feet above the highest point of the roof of the principal structure, and the height of antennas shall be governed by § 260-901D of this code.

(2) Maximum building height extensions. The measured building height and maximum building height shall not exceed 31 feet, except that: [Amended 9-24-2012 by Ord. No. 2012-23]

(a) The maximum building height may extend up to 33 feet if: [1] The front and rear yards are each at least 57 feet in depth; [2] Each side yard is at least 38 feet in width; and [3] The lot area is at least 80,000 square feet.

(b) The maximum building height may extend up to 35 feet if: [1] The front and rear yards are each at least 80 feet in depth; [2] Each side yard is at least 40 feet in width; and [3] The lot area is at least 160,000 square feet.

(3) Nonconforming lots. See § 260-1005 of this code for lot requirements with respect to legal nonconforming lots of record.

A. Authorization. Subject to the limitations of this section, any home occupation that is customarily incidental to the principal use of a building for residential purposes shall be permitted in any dwelling unit or permitted accessory structure.

B. Definition. A home occupation is a business, profession, occupation, or trade that:

(1) Is conducted for gain or support by a full-time occupant of a dwelling unit; and

(2) Is incidental and secondary to the use of such dwelling unit or permitted accessory structure, as the case may be, for residential purposes; and

(3) Does not change the essential residential character of such dwelling unit, or permitted accessory structure.

C. Certificate of zoning compliance required. No home occupation shall be established or maintained unless a certificate of zoning compliance evidencing the compliance of such home occupation with the provisions of this code shall have first been issued in accordance with § 260-1141 of this code. D. Use limitations.

(1) Employee limitations.

(a) The entrepreneur of every home occupation shall be domiciled in the dwelling unit on the lot where such home occupation is conducted.

(b) No more than one person who is not domiciled in the dwelling unit on the lot where a home occupation is conducted shall be employed in connection with, or otherwise participate in the operation of, such home occupation. This limitation shall not apply to employees who do not work on the lot where such home occupation is conducted.

(2) Structural limitations.

(a) No alteration of any kind shall be made to the dwelling unit or accessory structure where a home occupation is conducted that would change its residential character, including the enlargement of public utility services beyond that customarily required for residential use.

(b) No separate entrance shall be provided in connection with the conduct of any home occupation.

(3) Operational limitations.

(a) Every home occupation other than day care shall be conducted wholly within a principal dwelling unit or permitted accessory structure.

(b) No more than a total of 500 square feet of floor area (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation) of any dwelling unit and/or permitted accessory structure shall be devoted to the conduct of a home occupation.

(c) No more than 30% of the floor area (exclusive of garage floor area devoted to permissible parking of vehicles used in connection with the home occupation) of any permitted accessory structure shall be devoted to the conduct of a home occupation.

(d) No routine attendance of patients, clients, subcontractors, or employees associated with any home occupation shall be allowed at the premises of the home occupation, except that attendance of up to four children at any one time may be allowed at a day-care home and that the attendance of up to two children at any one time may be allowed for the purpose of receiving p

A. Authorization. Subject to the limitations of this § 260-904 and § 260-901D(5) and D(6) of this code, off-street parking is permitted as an accessory use in all districts. Off-street parking is not permitted as a principal use in any district. Nothing in this section shall be construed to limit the right of any person to provide off-street parking in excess of the requirements herein established, but all such parking shall comply with the standards of this section.

B. General requirements.

(1) Applicability to existing, new, and expanded uses.

(a) General applicability. Except as provided otherwise in this Paragraph B(1), the provisions of this section shall apply to, and off-street parking spaces sufficient to satisfy the requirements of this section shall be provided for, all existing and new uses, in accordance with the provisions of Articles X and XII of this code.

(b) Change in existing use. Whenever a use existing on the effective date of this code is changed thereafter to a new use, parking facilities shall be provided as required herein for such new use.

(c) Increase in use intensity. Whenever the intensity of use of any structure or use is increased through the addition of floor area, seating capacity, or other units of measurement specified herein for required parking spaces, parking spaces as required herein shall be provided for such increase in intensity of use.

(d) Exceptions. [1] Minor additions. Notwithstanding the foregoing provisions of this Paragraph B(1), no structure or use lawfully existing on the effective date of this code, or any amendment to it establishing parking requirements with respect to such structure or use, shall be required to provide any additional parking spaces pursuant to this Paragraph B(1) unless and until the aggregate increase in the units of measurement shall equal 10% or more of the units of measurement existing upon such effective date, in which event parking spaces as required herein shall be provided for the total aggregate increase. [2] Nonconforming locations and designs. Nothing in this Paragraph B(1) shall be construed to prohibit the continued utilization of any parking space as an accessory use to any structure or use for parking of a vehicle that may lawfully be parked in such space solely because such space does not satisfy the locational or design requirements of this code, or any amendment to it, if such space was validly in use as an accessory use to such structure or use on the effective date of this code or such amendment.

(2) Location of required parking spaces. [Amended 4-11-2016 by Ord. No. 2016-04]

(a) General rule. Except as provided in Subparagraphs (b) and (c) of this paragraph, parking spaces required by this section shall be located on the same zoning lot as the use to which they are accessory.

(b) Off-site parking spaces. The location of required parking spaces on land other than the same zoning lot as the use to which they are accessory may be authorized in the Re

A. Parking lots and garages.

(1) Parking lot screening.

(a) Every parking lot and structure shall, to the extent hereinafter specified, be screened by a perimeter landscaped bufferyard having a width of at least 10 feet or the width of the required yard, whichever is less. The landscaping and screening treatment of such space shall be so designed and maintained to screen parked cars at least up to the top of the engine hood from view at every point located four feet to six feet above grade, 20 feet from the property line of the subject property and on any public or private street or any private property located in a more restrictive zoning district than the zoning district in which the subject property is located.

(b) The provisions of this Paragraph A(1) shall apply to parking lots developed prior to the effective date of this code only to the extent that such parking lots have, on said effective date, unpaved areas abutting them in which landscaping and screening may be installed.

(2) Parking lot interior landscaping. In addition to the requirements set forth in Paragraph A(1) above, every parking lot containing 10 or more parking spaces shall contain at least one tree two inches or greater in diameter for each 10 parking spaces constructed after June 27, 1977. Such trees may be provided by the preservation of existing trees or the planting of new trees. Each tree shall be surrounded by a landscaped area of at least 36 square feet. No existing or new tree located more than five feet outside the perimeter of the paved parking area shall be counted in meeting the requirements of this Paragraph A(2). All islands in excess of 50 square feet created by curbs or other traffic flow regulators shall be landscaped. Planting islands located within the interior of a parking lot shall be at least six feet in width.

(3) Parking garage and structure design. The exterior walls of every parking garage and structure constructed after the effective date of this code, other than garages accessory to single-family dwellings, shall be constructed of the same materials as the principal building to which the garage or structure is accessory and shall be such as to shield all parked vehicles from view from the exterior of the garage or structure.

B. Loading spaces. Every loading space visible from any lot zoned for residential use, whether or not such residential use is within the Village, shall be screened on all sides visible from any such lot by an opaque fence, wall, or densely planted evergreen hedge of not less than six feet in height, except as necessary for access.

C. Refuse containers; outdoor storage.

(1) Screening. All refuse containers and all areas of permitted outdoor storage shall be enclosed on at least three sides by an opaque fence, wall, or densely planted evergreen hedge of a height and in a manner sufficient to completely screen such containers or storage areas from view from adjoining properties and public or private streets.

(2) Locatio

A. Purpose. The purpose of this section is to provide specific regulations and standards for the placement and siting of wireless telecommunications antennas and related facilities to provide wireless telecommunications services in the Village of Bannockburn. The goal of this section is to provide regulations that will facilitate the location of various types of wireless communication facilities in permitted locations so that they are consistent with the countryside and estate character of the Village. The sizable areas of open space, the extensive natural landscaping, and the relatively low scale of structures in the Village all contribute to this unique and distinctive setting. Minimizing the adverse visual impact of wireless facilities within the Village, and especially within the residential core of the Village, is one of the primary objectives of this section. This section is intended to allow wireless telecommunication facilities that are sufficient to allow adequate service to citizens, the traveling public, and others within the Village, while maintaining the unique character of the Village as described in the Village Comprehensive Plan.

B. General standards and regulations. The general standards set forth in this subsection shall apply to the location of all personal wireless services antennas in the Village, whether allowed as a permitted use or as a special use in the individual zoning district regulations of this code.

(1) Separation from residential districts and properties. Personal wireless services antennas, support structures, and personal wireless services facilities shall not be located within 500 feet from the nearest outside wall of any single-family dwelling in existence prior to the commencement of construction of such personal wireless services antennas, support structures, or personal wireless services facilities; provided, however, that the personal wireless services antennas, support structures, or personal wireless services facilities that are located on property owned by the Village may be located within 500 feet of, but not less than 150 feet from, the nearest outside wall of any single-family dwelling.

(2) Height. Unless otherwise authorized and approved as a special use, personal wireless services antennas, support structures, or personal wireless services facilities may extend to the following heights:

(a) Towers and monopoles. Personal wireless services antenna support structures of a tower or monopole design may extend to a height of not more than 65 feet.

(b) Omnidirectional or whip antennas. Omnidirectional or whip antennas may extend not more than 12 feet above the highest point of the support structure on which they are mounted.

(c) Directional or panel antennas. Directional or panel antennas may not extend above the highest point of the support structure on which they are mounted; except that, pursuant to a special use permit, directional or panel antennas may extend not more than 3.5 feet above the h

The following amendments are hereby made to the Barrington Building Code as adopted in section 10-1-1 of this chapter:

Section 101.1 of the Barrington Building Code shall be revised to provide as follows:

Section 101.1 Title. These regulations shall be known as the Barrington Building Code, hereinafter sometimes referred to as "this Code". Any reference to the "International" Code publications shall apply to the corresponding publication adopted by the Village of Barrington as referenced in the Barrington Building Code.

Section 101.2 of the Barrington Building Code shall be revised to provide as follows:

Section 101.2 Title. The provisions of this Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

Exception: Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories high with separate means of egress and their accessory structures shall comply with the Barrington Residential Code.

Section 101.4 of the Barrington Building Code shall be revised to provide as follows:

Section 101.4 Referenced Codes. The other Codes listed in sections 101.4.1 through 101.4.6 and referenced elsewhere in this Code shall be considered part of the requirements of this Code to the prescribed extent of each such reference.

Section 101.4.1 of the Barrington Building Code shall be revised to provide as follows:

Section 101.4.1 Gas. The provisions of the Barrington Fuel Gas Code shall apply to the installations of gas piping from the point of delivery, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. Where this Code references the international fuel gas Code, such reference shall be construed to mean the Barrington fuel gas Code.

Section 101.4.2 of the Barrington Building Code shall be revised to provide as follows:

Section 101.4.2 Mechanical. The provisions of the Barrington Mechanical Code shall apply to the installation, alterations, repairs, and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air- conditioning and refrigeration systems, incinerators, and other energy-related systems. Where this Code references the international mechanical Code, such reference shall be construed to mean the Barrington Mechanical Code.

Section 101.4.3 of the Barrington Building Code shall be revised to provide as follows:

Section 101.4.3 Plumbing. The provisions of the Barrington Plumbing Code shall apply to the installation, alteration, repair and replacement

The following amendments are hereby made to the Barrington Residential Code as adopted in section 10-2-1 of this chapter:

Section R101.1 of the Barrington Residential Code shall be revised to provide as follows:

Section R101.1 Title. These regulations shall be known as the Barrington Residential Code of the Village of Barrington, Illinois, hereinafter referred to as "this Code". Any reference to the "International" Code publications shall apply to the corresponding publication adopted by the Village of Barrington as referenced in the Barrington Residential Code.

Section R101.2 of the Barrington Residential Code shall be revised to provide as follows:

Section R101.2 Scope. The provisions of the Barrington Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories in height with a separate means of egress and their accessory structures.

A new section R102.7.2 of the Barrington Residential Code is hereby added to provide as follows:

Section R102.7.2 Historic Structures. Designated contributing structures within the Village of Barrington H historic preservation overlay zoning district shall be granted relief from the strict application of the provisions of this Code, to the extent that the provisions of this Code conflict with approved historic preservation practices, provided that the Building Official determines that an equivalent protection of life safety is achieved.

The title of section R103 of the Barrington Residential Code shall be revised to provide as follows:

Section R103 Development Services Department.

Section R103.1 of the Barrington Residential Code shall be revised to provide as follows:

Section R103.1 Creation Of Enforcement Agency. The village has previously established the Development Services Department. The village employee in charge of such department, or his or her designee, shall be known as the Building Official.

Section R105.2 of the Barrington Residential Code shall be revised to provide as follows:

Section R105.2 Work Exempt From Permit. Permits shall not be required for the following.

Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction.

Building: 1. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 2. Prefabricated swimming pools accessory to a group that are less than 24 inches (610 mm) deep. 3. Window awnings supported by an exterior wall.

Electrical:

Repairs and maintenance: A permit shall not be required for minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles.

A. Definitions. For purposes of this section, the following definitions shall be applicable:

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, whiskey, rum, brandy, gin, or any other distilled spirits including dilutions and mixtures thereof from whatever source or by whatever process produced.

Alcoholic beverage means alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine, beer and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances.

Conveyance means any vehicle, trailer, watercraft, or container operated for the transportation of persons or property.

Event or gathering means any group of two or more persons who have assembled or gathered together for a social occasion or other activity.

Host means to aid, conduct, allow, entertain, organize, supervise, control, or permit an event or gathering.

Illicit drugs means any drug, substance, or compound prohibited by law, including drugs prescribed by a physician that are in the possession of or used by someone other than the person to whom the drug was prescribed.

Parent means any person having legal custody of a juvenile: 1. As a natural, adoptive parent, or stepparent; 2. As a legal guardian; or 3. As a person to whom legal custody has been given by order of the court.

Person means any individual, firm, association, partnership, corporation, trust or any other legal entity.

Premises means any residence, dwelling, garage, shed, or other accessory building or structure, yard, farm, field, land, apartment, condominium, hotel or motel room, or other dwelling unit, or a hall or meeting room, park, or any other place of assembly, public or private, whether occupied on a temporary or permanent basis, whether occupied as a dwelling or specifically for a party or other social function, or any conveyance, whether owned, leased, rented, or used with or without permission or compensation.

Public place means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, parks, businesses or parking lots.

Reasonable steps means controlling access to alcoholic beverages at the event or gathering; controlling the quantity of alcoholic beverages present at the event or gathering; verifying the age of persons attending the event or gathering by inspecting driver's licenses or other government issued identification cards to ensure that minors do not consume alcoholic beverages while at the event or gathering; and supervising the activities of minors at the event or gathering, calling for police assistance in the event people under 21 years of age are in possession of alcohol at the event or gathering.

Religious ceremony means the possessio

For purposes of this chapter, the following terms shall have the meanings ascribed to them in this chapter unless different meanings are plainly indicated by the context:

Act means the "Smoke-Free Illinois Act", 410 Illinois Compiled Statutes 82/1, et seq.

Bar means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

Business means any sole proprietorship, partnership, joint venture, corporation, association, limited liability partnership, limited liability company, or other business entity, whether formed for profit or non-profit purposes. "Business" includes a "club" as defined in this section.

Department means the Illinois Department of Public Health.

Employee means a person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a non-profit entity.

Employer means a person, business, partnership, association, or corporation, including a Municipal corporation, trust, or non- profit entity, that employs the services of one or more individual persons.

Enclosed area means all space between a floor and a ceiling that is enclosed or partially enclosed with: a) solid walls or windows, exclusive of doorways, or b) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors. For the purposes of this chapter, an "enclosed area" shall also include any open air dining area, and the area within or under any tent, canopy, trailer, and/or any other partially-enclosed or partially-covered permanent or temporary structure.

Enclosed or partially enclosed sports arena means any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

Gaming equipment or supplies means gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code.

Gaming facility means an establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

Healthcare facility means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically i

Notwithstanding any other provision of this chapter, smoking and/or vaping is allowed in the following areas:

A. Private residences or dwelling places, except when used as a child care, adult day care, or healthcare facility or any other home-based business open to the public.

B. Retail tobacco stores as defined in section 10 of the Act in operation prior to January 1, 2008. The retail tobacco store shall annually file with the village by January 31st an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, or other smoking devices for smoking tobacco, alternative nicotine products, and/or related accessories. Any retail tobacco store that begins operation after January 1, 2008 may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke and/or vapor from any tobacco product(s) and/or from any alternative nicotine product(s) from the business does not migrate into any enclosed area where smoking and/or vaping is prohibited.

C. Private and semi-private rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom have requested in writing to be placed or to remain in a room where smoking and/or vaping is permitted and the smoke and/or vapor shall not infiltrate other areas of the nursing home.

D. Hotel and motel sleeping rooms that are rented to guests and are designated as rooms where smoking and/or vaping is permitted, provided that all such rooms shall be on the same floor, shall be contiguous, and smoke and/or vapor from any tobacco product and/or from any alternative nicotine product from these rooms must not infiltrate into rooms or other areas where smoking and/or vaping is prohibited. Not more than 25 percent of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking and/or vaping is allowed. The status of rooms where smoking and/or vaping is permitted or rooms where smoking and/or vaping is prohibited may not be changed, except to permanently add additional rooms where smoking and/or vaping is prohibited.

E. Enclosed laboratories that are excluded from the definition of "place of employment".

F. Common rooms where smoking and/or vaping is permitted in long- term care facilities operated under the authority of the Illinois Department of Veterans' Affairs that are accessible only to residents who have requested in writing to have access to the common rooms where smoking and/or vaping is permitted, and the smoke and/or vapor from any tobacco product(s) and/or from any alternative nicotine product(s) shall not infiltrate other areas of the long-term care facility.

(Ord. 18-4024, 10-22-2018)

Unless otherwise expressly stated or unless the context specifically indicates otherwise, the following words or terms, when used in this chapter and chapters 8 and 9 of this title, shall have the meanings indicated as follows:

Authorized representative of user means:

A. In the case of a corporation, a president, secretary, treasurer or vice president of the corporation in charge of a principal business function;

B. In the case of a partnership or proprietorship, a general partner or proprietor; and C. An authorized representative of the individual designated above if such representative is responsible for the overall operation of the facilities from which the discharge into the POTW originates; the authorization is in writing; and the written authorization is submitted to the POTW.

BOD (Denoting biochemical oxygen demand) means the quantity of oxygen used in the biochemical oxidation of organic matter in five days at 20 degrees Celsius, determined by standard laboratory test procedures and expressed in milligrams per liter (mg/l).

Basic user charge means the amount to be paid each billing period by all public sewer users for payment of operation and maintenance costs plus replacement of the sewerage works of the village.

Building drain means that part of the lowest piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of a building and conveys it to the building sewer or other approved point of discharge, beginning five feet outside the inner face of the building wall.

Building sewer means the extension from the building drain to the public sewer or other place of disposal.

Bypass means the intentional diversion of waste streams from any portion of an industrial user's treatment facility.

Categorical standards means national categorical pretreatment standards.

Composite sample means the sample resulting from the combination of individual wastewater samples taken at selected intervals based on an increment of either flow or time.

Control manhole means a structure specifically designed and constructed for the purpose of sampling and metering industrial wastes discharged to a public sewer.

Debt service charge means the amount to be paid each billing period by all public sewer users for payment of principal and interest of outstanding bonds and to provide bond reserve funds required by ordinances of the village.

Direct discharge means the discharge of treated or untreated wastewater directly to the waters of the state of Illinois.

Director means the director of public works of the Village of Barrington or his duly authorized representative, or such other administrator as assigned by the village manager of the Village of Barrington.

Director of development services means the director of development services of the Village of Barrington or his or her duly authorized representative, or such other administrator as assigned by the village manager of the Village of Barrington.

(A)   Code Adopted: The International Code Council Building Code 2015 edition is hereby adopted by reference as the Building Code of the Village subject to such deletions and additions of sections as are hereinafter provided.

(B)   Promulgation Of Rules: The President and Board of Trustees may adopt rules and regulations to implement the provisions of this chapter.

(C)   Additions To The International Building Code:

1.   Section 101. Insert the Village of Barrington Hills

2.   In lieu of section 107.2.5 Site plan:

FOUNDATION PERMITS - The code official is authorized to issue a permit for the construction of foundations of a building or structure for all but One and Two Family Dwellings and Townhomes, before the entire plans and specifications for the whole building or structure have been themselves approved, provided that adequate information and detailed statements have been filed complying with all of the pertinent requirements of this code and the applicant provides the village with adequate assurances, including a guarantee complying with section 6-5-1 of title 6 of the village code, that the building will be completed or the foundation removed. The holder of such a permit for the foundation shall proceed with construction, but only at the holder's own risk with the building operation and without assurance that a permit for the entire structure will be granted.

3.   Section 202 Add the following definition: New numbering

FIRE CODE OFFICIAL wherever references throughout this chapter or the adopted codes refer to the Fire code, this shall be held to the Director of Administration, Building and Zoning Official or such designee as determined by the Village President and the Board of Trustees for the Village of Barrington Hills.

4.   Add section 427 Radio and television antennas:

a.   Permits Not Required: A building permit is not required for the erection and/or maintenance on the roof of any building of: (i) antenna structures for private radio or television reception (other than satellite antennas, private, as defined in title 5 of the village code) which are not more than twelve feet (12') in height; or (ii) satellite antennas, private, as defined in title 5 of the village code, with an overall diameter of not more than five feet (5') and a total height of not more than twelve feet (12'). Such antenna shall be erected so as not to injure the roof covering and, when removed from the roof, the roof covering shall be repaired to maintain weather and water tightness. No antenna shall be erected nearer to any required yard or dedicated right- of-way than the total height of the particular antenna, nor shall any antenna be installed nearer to an electric power line than permitted by the standards in the National Electrical Code 1 .

b.   Permits Required: A building permit shall be obtained from the Building Official for the installation and maintenance of any satellite antenna, private, and any other antenna exceeding twelve feet (12') in

(A)   Purpose: It is the purpose of this section to ensure the adequacy, proper location, and proper construction of septic systems in order to protect the public health, safety and general welfare.

(B)   Applicability And Prohibition: This section shall apply to all sewage and drainage systems and facilities located within the Village. It shall be unlawful and a violation of this title to perform any work subject to this section, or to install, use or maintain any facility or system subject to this section except in strict compliance with the provisions and appendices of this section 4-2-7 and the provisions of all other applicable laws, ordinances, rules and regulations of the Village and of other governments and agencies having jurisdiction.

(C)   Definitions: The following definitions shall apply to this section:

AEROBIC TREATMENT PLANT: Equipment or devices for the treatment of sewage by the forced addition of air or oxygen.

APPROVED OR APPROVAL: Accepted by or acceptable to the Village except as the context shall explicitly indicate accepted by or acceptable to the Illinois Department of Public Health.

BEDROOM: For the purpose of establishing the rate of flow for domestic sewage, any room, whatever named, which is easily suitable for use regularly as a room for sleeping, including, but not limited to, a den or study.

BUILDING SEWER: That part of the horizontal piping of a drainage system which extends from the end of the building drain, receives the discharge of the building drain and conveys it to a private sewage disposal system or another approved point of disposal. The building sewer commences five feet (5') outside the building foundation wall.

COUNTY: Any one of four (4) counties, Cook, Kane, Lake and McHenry in the State of Illinois.

CURTAIN DRAIN: A drainage system designed and constructed to intercept and accept surface and ground water which, were it not for such a system, would travel onto or into the subsurface seepage system of the private sewage disposal system.

DEPARTMENT: The Illinois Department of Public Health.

DOMESTIC SEWAGE: Wastewater derived principally from dwellings, businesses or office buildings, institutions, food service establishments, and similar facilities.

EFFECTIVE SIZE: The size of screen opening where ninety percent (90%) by weight of a sample of filter media is retained on the screen and ten percent (10%) passes through the screen.

HUMAN WASTES: Undigested food and byproducts of metabolism which are passed out of the human body as may be indicated by the presence of human fecal coliform group bacteria.

LIMITING LAYER: A horizon or soil condition in the soil profile or underlying strata that includes:

1.   An estimated high water table, whether perched or regional.

2.   Masses of loose rock fragments, including gravel, with insufficient fine soil to fill the voids between the fragments.

3.   Rock formation, other stratum or soil condition that is so slowly permeable that it effectively lim

(A)   Code Adopted: The International Residential Code, 2015 edition, is hereby adopted for detached one and two family dwellings and townhouses, except for such exceptions and additions as are hereinafter provided.

(B)   Exceptions: Chapters 25 - 32 of the International Residential Code are not adopted as part of the Barrington Hills Building Code.

(C)   Additions To The International Residential Code:

1.   Add section 106.1.5: The Building Officer shall require the plans and specifications for one and two family dwellings and townhouses to be certified and stamped by a registered architect or professional engineer licensed by the State of Illinois and may require such certification and stamps for nonresidential plans and specifications. Soil tests may be required if in the opinion of the Building Officer such tests are deemed necessary.

2.   In lieu of Section R-111:

a.   The following inspections are required:

1.   FOOTING FORMS

When the forms are set and before the concrete is poured.

2.   FOUNDATION FORMS

When the forms are set and before the concrete is poured.

3.   BACKFILL

When the concrete is poured, waterproofed, drain tile is in place and covered with gravel but before the foundation is backfilled.

4.   PLUMBING UNDERGROUND

When piping is located between the floors or underground but before the covering is in place. Flushing of the underground shall be witnessed.

5.   FRAMING OR STRUCTURAL

Before any drywall, plaster or interior finish is applied. Rough-in of the electrical, plumbing, ductwork must be in place before the inspection. An inspection per floor is required.

6.   HVAC ROUGH

When piping and ductwork is installed.

7.   ELECTRICAL ROUGH IN

When rough-in work is complete and before drywall, concrete or backfill is in place.

8.   AIR LEAKAGE

When all roughs are complete and exterior finish is complete.

9.   PLUMBING ROUGH IN

When rough-in work is complete.

10.   SEPTIC FIELD INSPECTIONS

When tanks and field tile are complete, before backfill.

11.   INSULATION

When insulation is installed prior to drywall.

12.   CONCRETE FLOOR BASEMENT

When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection.

13.   CONCRETE FLOOR GARAGE

When base reinforcing is prepared and in place, and before the concrete is poured. All utilities and service equipment in the concrete must be in place before the inspection.

14.   ELECTRIC SERVICE

When meter socket and main panel are installed.

15.   FINAL PLUMBING

When final work is complete and before the system is operational.

16.   FINAL HVAC

When all HVAC components are complete.

17.   FINAL ELECTRIC

When all electrical components are complete.

18.   FINAL ENERGY

When all Building components are complete.

19.   FINAL BUILDING

When all Building components are complete.

20.   DRIVEWAY CULVERT

When driveway culvert is installed.

Note: the inspections f

For the purposes of this chapter, the following definitions are adopted:

ACCESSORY STRUCTURE: A nonhabitable structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure.

ACT: The Rivers, Lakes and Streams Act 1 .

APPLICANT: Any person, firm, corporation or agency which submits an application.

APPROPRIATE USE: Only uses of the designated floodway that are permissible and will be considered for permit issuance. The only uses that will be allowed are as specified in subsection 4-5-7(B) of this chapter.

BASE FLOOD: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood is also known as the 100-year frequency flood event. Application of the base flood elevation at any location is as defined in section 4-5-5 of this chapter.

BASE FLOOD ELEVATION (BFE): The elevation in relation to mean sea level of the crest of the base flood.

BASEMENT: That portion of the building having its floor subgrade (below ground level) on all sides.

BUILDING: A walled and roofed structure, including gas or liquid storage tank, that is principally above ground, including manufactured homes, prefabricated buildings, and gas or liquid storage tanks. The term also includes recreational vehicles and travel trailers installed on a site for more than one hundred eighty (180) days per year.

CHANNEL: Any river, stream, creek, brook, branch, natural or artificial depression, ponded area, flowage, slough, ditch, conduit, culvert, gully, ravine, wash, or natural or manmade drainageway, which has a definite bed and banks or shoreline, in or into which surface or ground water flows, either perennially or intermittently.

CHANNEL MODIFICATION: Alteration of a channel by changing the physical dimensions or materials of its bed or banks. Channel modification includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of native vegetation from the bottom or banks. Channel modification does not include the clearing of dead or dying vegetation, debris, or trash from the channel. Channelization is a severe form of channel modification involving a significant change in the channel cross section and typically involving relocation of the existing channel (e.g., straightening).

COMPENSATORY STORAGE: An artificially excavated, hydraulically equivalent volume of storage within the SFHA used to balance the loss of natural flood storage capacity when artificial fill or structures are placed within the floodplain. The uncompensated loss of natural floodplain storage can increase off site floodwater elevations and flows.

CONDITIONAL APPROVAL OF A DESIGNATED FLOODWAY MAP CHANGE: Preconstruction approval by IDNR/OWR and FEMA of a proposed change to the floodway map. This preconstruction approval, pursuant to this part, gives assurances to the property owner that once an appropri

In addition to the requirements found in sections 4-5-6, 4-5-7 and 4-5-8 of this chapter for development in flood fringes, designated floodways, and SFHA or floodplains where no floodways have been identified, the following requirements shall be met.

(A)   Public Health Standards:

1.   No developments in the SFHA shall include locating or storing chemicals, explosives, buoyant materials, animal wastes, fertilizers, flammable liquids, pollutants, or other hazardous or toxic materials below the flood protection elevation (FPE) unless such materials are stored in a floodproofed and anchored storage tank and certified by a professional engineer or floodproofed building constructed according to the requirements of subsection (C) of this section.

2.   Public utilities and facilities such as sewer, gas and electric shall be located and constructed to minimize or eliminate flood damage.

3.   Public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

4.   New and replacement water supply systems, wells, sanitary sewer lines and on site waste disposal systems may be permitted providing all manholes or other aboveground openings located below the FPE are watertight.

5.   All other activities defined as "development" shall be designed so as not to alter flood flows or increase potential flood damages.

(B)   Carrying Capacity And Notification:

1.   For all projects involving channel modification, fill, or stream maintenance (including levees), the flood carrying capacity of the watercourse shall be maintained.

2.   In addition, the Village shall notify adjacent communities in writing thirty (30) days prior to the issuance of a permit for the alteration or relocation of the watercourse.

(C)   Protecting Buildings:

1.   All buildings located within a 100-year floodplain, also known as an SFHA, shall be protected from flood damage below the flood protection elevation. This building protection criteria applies to the following situations:

a.   Construction or placement of a new building or alteration or addition to an existing building valued at more than one thousand dollars ($1,000.00) or seventy (70) square feet;

b.   Substantial improvements or structural alterations made to an existing building that increase the floor area by more than twenty percent (20%) and/or equal or exceed the market value by fifty percent (50%). Alteration shall be figured cumulatively during the life of the building. If substantially improved, the existing structure and the addition must meet the flood protection standards of this section;

c.   Repairs made to a substantially damaged building. These repairs shall be figured cumulatively during the life of the building. If substantially damaged the entire structure must meet the flood protection standards of this section;

d.   Installing a manufactured home on a new site or

In the construction of this title, the words and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. Words used in the present tense shall include the future, and words used in the singular number shall include the plural number and the plural the singular; the word "shall" is mandatory and not discretionary; the word "may" is permissive; the word "building" includes all other structures of every kind regardless of similarity to buildings, and the phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "maintained for" and "occupied for".

ACCESSORY BUILDING OR USE: One which:

(A)   Is subordinate to and serves a principal building or principal use; and

(B)   Is subordinate in area, extent or purpose to the principal building or principal use served; and

(C)   Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

(D)   Is located on the same zoning lot or lots under the same ownership as the principal building or principal use served, with the single exception of such accessory off street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

ACRE: One "acre" is forty three thousand five hundred sixty (43,560) square feet and any multiple thereof shall mean to be in square feet.

ACTIVE SOLAR ENERGY SYSTEM: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.

AGRICULTURAL BUILDING OR STRUCTURE: Shall imply any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry including the breeding and raising of horses as an occupation and the necessary accessory uses for handling or storing the produce; provided, however that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.

ALLEY: A public right of way which normally affords a secondary means of access to abutting property.

ALTERATION: Any change in size, shape, character, occupancy or use of a building or structure.

ANIMAL HUSBANDRY: The breeding and raising of livestock, such as horses, cows and sheep, but specifically excluding dogs and cats.

AUTO LAUNDRY: A building, or portion thereof, containing facilities for washing more than two (2) automobiles, using production line methods with a chain conveyor, blower, steam cleaning device or other mechanical devices.

AWNING: A rooflike cover, temporary in nature, which projects from the wall of a building.

BASE FLOOD: The flood having

(A)   Scope Of Regulations: The off street parking and loading provisions of this zoning title shall apply as follows:

1.   For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, parking and loading facilities in the amount required for issuance of said building permit may be provided in lieu of any different amounts required by this zoning title.

2.   When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking or loading facilities as required herein shall be provided for such increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date hereof shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than fifteen percent (15%) of the units of measurement existing upon the effective date hereof, in which event, parking or loading facilities as required herein shall be provided for the total increase; provided, however, that in the case of the expansion or alteration of residential buildings, required parking or loading facilities shall be provided on the basis of the total required units of measurement for the entire capacity of the building.

3.   Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date hereof, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this title.

(B)   Existing Parking Facilities: Accessory off street parking facilities in existence on the effective date hereof and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this title.

(C)   Permissive Parking And Loading Facilities: Nothing in this title shall be deemed to prevent the voluntary establishment of off street parking or loading facilities to serve any existing use of land or buildings; provided, that all regulations herein governing the location, desig

(A)   Special Use: Personal wireless service facilities are permitted special uses in any zoning district within the village, provided, however, no special use permit for personal wireless service facilities shall be granted unless such personal wireless service facilities comply with the provisions of this section.

(B)   Purpose And Interpretation: The purpose of this section is to provide specific regulations for the placement, construction, maintenance, repair and modification of personal wireless service facilities. The provisions of this section are not intended to and shall not be interpreted to prohibit or to have the effect of prohibiting the provision of wireless services, nor shall the provisions of this section be applied in such a manner as to unreasonably discriminate between providers of functionally equivalent personal wireless services. To the extent that any provision or provisions of this section are inconsistent with or conflict with any other provision of the zoning code, the provisions of this section shall be deemed to control.

(C)   Definitions: For the purpose of this section, defined terms shall have the meanings ascribed to them in section 5-2-1 of this title and subsection (G) of this section.

(D)   Facility Requirements And Preferences:

1.   Existing Facilities Permitted: Any personal wireless service facility installed, operating or approved prior to the enactment of this section, which would be prohibited under this section, shall be considered a legal nonconforming use and/or a legal nonconforming structure, as the case may be, and shall be subject to the rules on nonconforming uses or structures provided in chapter 9 of this title.

Routine maintenance, including painting of and repairs to the facility, upkeep of the site, replacement of individual components of the facility with like kind components of substantially similar size and installation of previously approved antennas shall be permitted on existing personal wireless facilities.

All new construction other than routine maintenance of existing personal wireless facilities, shall comply with the provisions set forth in this section.

2.   Site Selection Criteria: The site proposed by an applicant will be evaluated using the following criteria, which are not listed in order of priority:

a.   Topography,

b.   Availability of road access and parking for service vehicles and emergency response vehicles,

c.   Provisions for and location of applicable utilities,

d.   Existing screening and landscaping and potential opportunities for additional screening and landscaping,

e.   Compatibility with adjacent land uses,

f.   Estimated coverage area of facility from proposed site,

g.   Availability of suitable existing structures on which the facility could be located, and

h.   Location of facility on the proposed site.

3.   Site Selection Preferences: The site proposed by an applicant will be evaluated in the light of the following preferences of the village

(A)   All buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this zoning title which are applicable to the zoning districts in which such buildings, uses or land shall be located.

(B)   However, where a building permit for a building or structure has been issued in accordance with law prior to the effective date hereof, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied under a certificate of compliance by the use for which originally designated, subject thereafter to the provisions of chapter 9, "Nonconforming Buildings, Structures, Uses", of this title.

(C)   Where the enforcing officer has issued a permissive use permit, a special use permit or a permit for a variation pursuant to the provisions of this zoning title, such permit shall become null and void unless work thereon is substantially under way within six (6) months of the date of the issuance of such permit by the enforcing officer.

(D)   A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than six (6) months for any reason.

(E)   No land which is located in a residence district shall be used for driveway, walkway or access purposes to any land which is located in a business or the light industrial district, or used for any purpose not permitted in a residence district. (Ord. 63-1, 4-1-1963)

(F)   No building permit, as required by the ordinance codified herein, shall be issued for any building to be constructed on any tract, parcel, or lot that is not in compliance with 765 Illinois Compiled Statutes and village subdivision regulations and other applicable ordinances except on a lot of record, as defined herein. Parcels exempt from the requirements of 765 Illinois Compiled Statutes and village subdivision regulations 1 shall not be deemed to be in compliance with other requirements of this code.

(G)   Non-commercial Event Facility: The intent of this subsection is to protect the public health and safety of citizens of the village and to promote the general welfare of the citizens residing in the village by encouraging the use of properties within the village for use as defined in section 5-5-3(A), provided that such use does not violate the peace, quiet and domestic tranquility within all residential neighborhoods within the village including, but not limited to, guaranteeing to all citizens residing in the village freedom from nuisances, fire hazards, excessive noise, light and traffic, and other possible adverse

(A)   Agriculture: The provisions of this title shall not be exercised so as to impose regulations or require permits with respect to land used or to be used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures to be used for agricultural purposes upon such land, except that such buildings or structures for agricultural purposes may be required to conform to building or setback lines. In the event that the land ceases to be used solely for agricultural purposes, then, and only then, shall the provisions of this title apply. (Ord. 16-22, 12-7-2016)

(B)   Public Utility: The following uses are permitted in any district:

Cables.

Conduits.

Laterals.

Pipelines.

Poles.

Towers.

Vaults.

Wires.

Any other similar distributing equipment of a public utility.

(C)   Tents:

1.   No tent shall be erected, used or maintained for living quarters.

2.   The requirements for tents used for purposes other than residential shall be as specified in subsection 1-6-9(D)6 of this code. (Ord. 93-10, 9-27-1993)

(D)   Home Occupation: The intent of this subsection is to provide peace, quiet and domestic tranquility within all residential neighborhoods within the village and in order to guarantee to all residents freedom from nuisances, fire hazards, excessive noise, light and traffic, and other possible effects of business or commercial uses being conducted in residential districts. It is further the intent of this subsection to regulate the operation of a home occupation so that the general public will be unaware of its existence. A home occupation shall be conducted in a manner which does not give an outward appearance nor manifest characteristics of a business which would infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units or infringe upon or change the intent or character of the residential district.

1.   Authorization: Subject to the limitations of this subsection, any home occupation that is customarily incidental to the principal use of a building as a dwelling shall be permitted in any residential zoning district.

2.   Definition: A "home occupation" is any lawful business, profession, occupation or trade conducted from a principal building or an accessory building in a residential district that:

a.   Is conducted for gain or support by a full time occupant of a dwelling unit; and

b.   Is incidental and secondary to the principal use of such dwelling unit for residential occupancy purposes; and

c.   Does not change the essential residential character of such dwelling unit or the surrounding neighborhood.

3.   Use Limitations:

a.   Employee Limitations:

(1)   The owner of every home occupation shall be a person that is a full time occupant of the dwelling unit where such occupation is conducted.

(2)   No more than two (2) employees or subcontractors, other than the full time occupants of a dwelling unit s

(A)   Time Of Construction: No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. (Ord. 63-1, 4-1-1963)

(B)   Reserved. (Ord. 09-05, 5-18-2009)

(C)   Reserved. (Ord. 88-16, 9-26-1988)

(D)   Satellite Antenna, Private: The size and location of any such antenna shall comply with all of the following requirements in order to be a conforming accessory structure:

1.   Size: No antenna shall exceed an overall diameter of twelve feet (12') or an overall height of fifteen feet (15') above existing grade.

2.   Ground Mounted: The antenna shall be permanently ground mounted. No antenna shall be installed on a portable or movable structure, such as a trailer.

3.   Screening: The antenna shall be totally screened, for its entire height, from view at ground level from any adjacent lot or street, public or private. Screening shall be provided by any one or more of the following: the dwelling on the lot where such antenna is located; garages, storage buildings, or other accessory buildings which meet all provisions of this title; or landscaping and plantings which provide year round screening.

4.   Construction: All provisions of the building code, title 4 of this code, as may pertain to satellite antennas, shall be met. (Ord. 84-17, 7-23-1984)

Off-street parking spaces accessory to uses allowed in residence districts shall be provided in accordance with the regulations set forth in this Section, Sections 5-5-13 and 5-3-10 of this Title.

(A)   Utilization: Except as may otherwise be provided for the parking of trucks in the granting of special uses, required accessory off-street parking facilities provided for uses listed herein shall be solely for the parking of passenger automobiles of patrons, occupants or employees of such uses.

(B)   Computation: When determination of the number of off-street parking spaces required by this Title results in a requirement of a fractional space, any fraction of one-half ( 1 / 2 ) or less may be disregarded while a fraction in excess of one-half ( 1 / 2 ) shall be counted as one parking space.

(C)   Collective Provision: Off-street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Zoning Board of Appeals in accordance with Section 5-10-5 of this Title.

(D)   Area: A required off-street parking space shall be at least eight feet in width and at least nineteen feet in length (8' x 19'), exclusive of access drives or aisles, ramps, columns or office or work areas. Such space shall have a vertical clearance of at least seven feet (7').

(E)   Access: Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such a manner as to minimize interference with traffic movement. No driveway across public property at the right-of-way line shall exceed a width of twenty five feet (25').

(F)   In Yards: Off-street parking spaces open to the sky may be located in any yard except required front yards. Enclosed buildings and carports containing off-street parking shall be subject to applicable yard requirements.

(G)   Design and Maintenance:

1.   Parking Spaces: Off-street parking spaces must be open to the sky.

2.   Surfacing: All off-street parking areas, except parking spaces accessory to a single-family dwelling, shall be surfaced or treated with some all-weather dustless material.

3.   Screening and Landscaping: All automobile parking areas containing more than four (4) parking spaces, except those accessory to a single-family dwelling, shall be effectively screened on each side adjoining any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge not less th

(A)   R1 District: Off-street parking spaces accessory to uses allowed in the R1 District shall be provided in accordance with the following minimum requirements:

1.   Single-family detached dwellings: No requirements.

2.   Agriculture: There shall be no requirements, except with respect to accessory roadside stands for which shall be provided spaces adequate in number, as determined by the Enforcing Officer, to serve the public.

3.      Cemeteries: Parking spaces shall be provided in adequate number, as determined by the Enforcing Officer, to serve the public.

4. Educational institutions, boarding:

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. Other than accessory uses, only one of the enumerated permitted uses may be established on a zoning lot. Unless otherwise specifically set forth, wherever a permitted use is named as a major category in this chapter, it shall be deemed to include all and only those itemized uses listed under the said major category in the R1 through R4 districts, as set forth in this section. No building or zoning lot shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or zoning lot shall be located, with the exception of the following:

Special uses allowed in accordance with the provisions of section 5-5-3 of this chapter.

Uses lawfully established on April 1, 1963, subject to the regulations of chapter 9 of this title. (Ord. 09-05, 5-18-2009)

(A)   Permitted Uses, R1 District: The following uses are permitted in the R1 district:

Accessory uses, incidental to and on the same or an adjacent zoning lot or lots under one ownership, as the principal use:

Agricultural buildings and structures.

Garages and carports, as accessory only to single- family detached dwellings.

Greenhouses and conservatories, private.

Guesthouses, private, as accessory only to single- family detached dwellings.

Home occupations, as accessory only to single-family detached dwellings.

Living quarters, detached, for persons employed on the premises if occupied only by such persons and their immediate family, as accessory only to single- family detached dwellings.

Playhouses.

Roadside stands, as accessory only to agriculture.

Satellite antennas, private.

Sewage disposal units, individual, as regulated by section 5-3-5 of this title.

Stables.

Storage of building materials and equipment, and temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

Swimming pools, as accessory only to single-family detached dwellings.

Tennis courts, private, as accessory only to single-family detached dwellings.

Tool houses, sheds and other similar buildings, for the storage of domestic supplies.

Water systems, individual, as regulated by section 5-3-5 of this title.

Agriculture.

Signs, as regulated by chapter 5-11.

Single-family detached dwellings, provided that the owner, lessee or manager of any single-family dwelling with three (3) or less domiciled, unrelated minors maintain and provide to the Village, upon request, proof of a State license, to the extent such license is required.

(B)   Permitted Uses, R2 District:

Any use permitted in the R1 district.

(C)   Permitted Uses, R3 District:

Any use permitted in the R1 district.

(D)   Permitted Uses, R4 District:

Any use permitted in the R1 district. (Ord. 63-1, 4-1-1963; amd. Ord. 09-05, 5-18-2009; Ord. 14-19, 12-15-2014; Ord. 16-22, 12-7-2016; Ord. 21-21, 12-16-2021)

Special uses, as hereinafter listed, may be allowed in the zoning districts indicated, subject to the issuance of special use permits in accordance with the provisions of section 5-10-7 of this title. Unless otherwise specifically set forth, wherever a special use is named as a major category in this chapter, it shall be deemed to include all and only those itemized uses listed under the said major category in the R1 district, subsection (A) of this section.

(A)   Special Uses, R1 District: The following special uses may be allowed in the R1 district:

Accessory uses, incidental to and on the same or adjacent zoning lot or lots under one ownership as the principal use, as established in subsection 5-5-2(A) of this chapter.

Amateur radio and television stations and towers (transmitting and receiving).

Animal rescue shelters.

Artificial lakes.

Boathouses, private.

Cemeteries:

Cemeteries.

Mausoleums, crematories and columbariums in cemeteries.

Educational institutions and cultural institutions:

Athletic fields and playgrounds on the grounds of educational or cultural institutions.

Colleges, junior colleges and universities, including fraternity and sorority houses, dormitories and other structures and facilities necessary in the operation of a college or university, but not business colleges or trade schools.

Nursery, elementary and high schools.

Public libraries and public art galleries.

Landfill.

Non-Commercial Event Facility: As accessory only to single-family detached dwellings, which are owner occupied. In no event shall any stand-alone structure housing a non-commercial event facility have a floor area exceeding the floor area of the existing single-family dwelling on site. Such use allows the use of permanent structures or facilities to accommodate events, parties, art or cultural exhibitions, lectures, conferences, theatrical productions, or other scheduled and periodically held private non-commercial events. Non-commercial event facility does not limit the use of property for events held intermittently strictly for the benefit of the owner of the property (e.g., family wedding, birthday, etc.)

Private landing fields for aircraft.

Public utility and service uses:

Electric substations.

Fire stations.

Gas regulator stations.

Police stations.

Post offices.

Railroad right of way, but not including railroad yards and shops.

Telephone exchanges and telephone transmission equipment buildings.

Waterworks, reservoirs, pumping stations and filtration plants.

Other governmental buildings, including a village hall.

Recreational facilities:

Athletic fields and playgrounds in public parks.

Buildings, clubhouses and accessory structures, located on the grounds of athletic fields, playgrounds, recreational clubs, golf courses and polo fields, including the sale therein of sports equipment and the serving of beverages, including alcoholic beverages, and food, if incidental to the principal activity.

Forest preserves.

Golf cours

For each accessory use in sections 5-5-2 and 5-5-3 of this chapter, located in the R1 to R4 districts inclusive, the minimum interior side yard requirements shall not be less than those specified for the principal uses in sections 5-5-7-1 and 5-5-7-2 of this chapter; except, however, the following accessory uses which must meet the minimum interior side yard requirements specified in this section:

Agricultural buildings and structures:

(Ord. 63-1, 4-1-1963; amd. 1977 Code; Ord. 93-10, 9-27-1993; Ord. 06-03, 2-27-2006; Ord. 09-05, 5-18-2009)

For each accessory use in sections 5-5-2 and 5-5-3 of this chapter, located in the R1 to R4 districts inclusive, the minimum rear yard requirements shall not be less than those specified for the principal uses in sections 5-5-9-1 and 5-5-9-2 of this chapter; except, however, the following accessory uses which must meet the minimum rear yard requirements specified in this section:

Agricultural buildings and structures:

(Ord. 63-1, 4-1-1963; amd. 1977 Code; Ord. 93-10, 9-27-1993; Ord. 06-03, 2-27-2006; Ord. 09-05, 5-18-2009)

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. No building or zoning use shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or zoning lot shall be located, with the exception of the following:

Uses lawfully established on April 1, 1963, and

Special uses allowed in accordance with the provisions of section 5-6-4 of this chapter.

Uses lawfully established on April 1, 1963, and rendered nonconforming by the provisions thereof, shall be subject to the regulations of chapter 9 of this title.

(A)   Permitted Uses, B1 District:

1.   Uses permitted in the B1 district are subject to the following conditions:

a.   Dwelling units and lodging rooms are not permitted.

b.   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

c.   All business, servicing or processing, except for off street parking or loading, shall be conducted within completely enclosed buildings.

d.   Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles are not permitted.

e.   The parking of trucks and delivery vehicles as an accessory use, when enclosed parking for same is provided and when used in the conduct of a permitted business listed hereafter in this subsection, shall be limited to vehicles of not over one and one-half (1 1 / 2 ) tons capacity. (Ord. 63-1, 4-1-1963)

2.   The following uses are permitted in the B1 district:

Art and school supply stores.

Barbershops.

Beauty parlors.

Book and stationery stores.

Camera and photographic supply stores.

Candy and ice cream stores.

Clothes pressing establishments.

Currency exchanges.

Drugstores.

Dry cleaning and laundry receiving stations, processing to be done elsewhere.

Florist shops and conservatories.

Food stores, grocery stores, meat markets, fish markets, bakeries and delicatessens.

Gift shops.

Haberdasheries.

Hardware stores.

Restaurants; entertainment, dancing and serving of alcoholic beverages are prohibited.

Sewage disposal units, individual, as regulated by section 5-3-5 of this title.

Shoe, clothing and hat repair stores.

Signs, as regulated by chapter 5-11.

Telephone booths and coin telephones (outdoor).

Telephone exchanges.

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

Variety stores.

Water systems, individual, as regulated by section 5-3-5 of this title.

Wearing apparel shops. (Ord. 63-1, 4-1-1963; amd. 1977 Code)

(B)   Permitted Uses, B2 District:

1.   Uses permitted in the B2 district are subject to the following conditions:

a.   Dwelling units and lodging rooms are not permitted.

b.   All business establishments shall be retail or service establishments dealing direc

Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this Section.

(A)   Repairs and Alterations:

1.   Building or Structure Designed or Intended for a Nonconforming Use: Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, except those required by law or except to make the building or structure and use thereof conform to the regulations of the district in which it is located. For the purpose of this Section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, substitutions for, machinery or equipment not involving structural alterations to the building or structure except as hereinabove provided.

2.   Building or Structure Designed or Intended for a Permitted Use: Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided said repairs, alterations or structural changes conform to the regulations of the district in which said building or structure is located.

(B)   Additions and Enlargements: A nonconforming building or structure which is nonconforming as to bulk, or all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, shall not be added to, or enlarged, in any manner unless such additions or enlargements thereto are made to conform to all the regulations of the district in which it is located, and unless such nonconforming building or structure, including all additions and enlargements thereto, shall conform to the following:

1.   Applicable regulations concerning the amount of lot area provided per dwelling unit, as provided in Chapters 5 and 6 of this Title.

2.   The allowable floor area ratio as provided in Chapters 5, 6 and 7 of this Title.

3.   The allowable gross floor area per establishment as provided in Chapter 6 of this Title.

(C)   Relocation of Building or Structure: No building or structure which does not conform to all of the regulations of the district in which it is located, except those required by law, shall be moved in whole or in part to any other location unless every portion of such building or structure which is moved and the use thereof is made to conform to all the regulations of the district in which it is to be located.

(D)   Restoration of Damaged Building or Structure:

1.   Building or Structure Designed or Intended for a Nonconforming Use: A building or structure, all or

Any nonconforming building, structure or use thereof which existed lawfully at the adoption of this Title and which remains nonconforming, and any such building, structure or use thereof which shall become nonconforming upon the adoption of this Title or of any subsequent amendment thereto, may be continued only in accordance with the regulations which follow:

A.   Repairs and Alterations: Ordinary repairs and alterations may be made to a nonconforming building or structure (see Chapter 2, Definitions). No structural alterations shall be made in or to such building or structure except those required by law, or except to make the building or structure, and use thereof, conform to the regulations of the district in which it is located.

In a residential district a non-conforming building containing nonconforming residential uses may be repaired or altered to improve livability and health conditions, provided no changes are made that would increase the number of dwelling units or the bulk of the building.

B.   Additions and Enlargements: A nonconforming building or structure shall not be added to or enlarged in any manner unless such nonconforming building or structure, and use thereof, including all additions and enlargements thereto, is made to conform to all the regulations of the district in which it is located.

C.   Relocation of Building or Structure: Any building or structure that does not conform to all of the regulations of the district in which it is located shall not be moved in whole or in part to any other location unless every portion of such building or structure which is moved and the use thereof is made to conform to all regulations of the district into which it is moved.

D.   Restoration of Damaged Building or Structure: A nonconforming building or structure, or portion thereof, which is destroyed or damaged by fire or other casualty or act of God, to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed fifty per cent (50%) of the cost of restoration of the entire building or structure, shall not be restored, except as required by law, unless said building or structure, and the use thereof, shall conform to all regulations of the district in which it is located.

In the event that such damage or destruction is less than fifty per cent (50%) of the cost of restoration of the entire building or structure, no repairs or reconstruction shall be made unless such restoration is started within one (1) year from the date of the partial destruction and is diligently pursued to completion.

E.   Discontinuance of Use of Nonconforming Building or Structure: A nonconforming building, structure or portion thereof which is vacant, unoccupied and not used on the effective date of this Title, or thereafter becomes vacant, and remains unoccupied or is not used for a continuous period of one (1) year, shall not thereafter be occupied or used except by a use which conforms to the use regulatio

For purpose of this Section, the following units of measurement shall apply:

A.   Floor Area: In the case of offices, commercial or service types of uses, "Floor Area" shall mean the gross floor area used or intended to be used by tenants and/or owners or for service to the public as customers, patrons, clients and patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. It shall not include areas used principally for nonpublic purposes, such as storage, incidental repair, processing or packaging of merchandise incidental and accessory to a principal use, for show windows, for offices incidental to the management or maintenance of stores or buildings, for toilet or restrooms, for utilities, or for dressing rooms, fitting or alteration rooms.

B.   Dwelling Unit: A dwelling unit shall mean one room, or a suite of two (2) or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.

C.   Seat or Bench: A seat shall be the space intended for one individual; in places where patrons or spectators occupy benches, pews or other seating facilities, each twenty inches (20") of such seating facilities shall be counted as one seat.

D.   Employees: Parking spaces required on an employee basis shall be based on the maximum number of employees on duty and residing on the premises at any one time.

E.   Fractions: When units of measurement result in the requirement of a fractional space, any fraction shall require one parking space.

Off-street parking spaces shall be provided in accordance with the requirements as hereinafter set forth. (Ord. 78-40, 5-16-78)

RESIDENTIAL USES

At least the following amounts of off street loading space shall be provided, plus an area or means adequate for maneuvering, ingress and egress.

A.   Residential Uses: Hotels, motels, lodging houses, apartment hotels and multi-family dwellings: For buildings containing ten thousand (10,000) to two hundred thousand (200,000) square feet of floor area, one off street loading berth shall be provided, plus one additional loading berth for each additional two hundred thousand (200,000) square feet of floor area or fraction thereof.

B.   Commercial Uses:

1.   Undertaking establishments and funeral parlors: For buildings containing eight thousand (8,000) to one hundred thousand (100,000) square feet of floor area, one loading berth shall be provided, plus one additional loading berth for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof.

2.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to one hundred thousand (100,000) square feet of floor area, plus one additional loading berth for each additional one hundred thousand (100,000) square feet of floor area or fraction thereof.

a.   Airports and commercial heliports.

b.   Amusement establishments.

c.   Bowling alleys.

d.   Dance halls.

e.   Gymnasia.

f.   Pool halls.

g.   Skating rinks.

h.   Swimming pools.

3.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to one hundred fifty thousand (150,000) square feet of floor area, plus one additional loading berth for each additional one hundred fifty thousand (150,000) square feet of floor area or fraction thereof. Each such loading berth for buildings in excess of twenty thousand (20,000) square feet of floor area shall be less than twelve feet in width by sixty-five feet in length (12' x 65').

a.   Radio and television stations and studios.

b.   Recording studios.

c.   Hotels and motels, clubs and lodges (not for profit), containing retail shops, convention halls, auditoriums, exhibition halls, business or professional offices (other than accessory).

4.   For the uses listed hereunder, one loading berth shall be provided for buildings containing ten thousand (10,000) to two hundred thousand (200,000) square feet of floor area, plus one additional loading berth for each additional two hundred thousand (200,000) square feet of floor area or fraction thereof.

a.   Schools – music, dance, business and trade.

b.   Theaters, indoors.

5.   For the uses listed hereunder, one loading berth shall be provided for buildings containing five thousand (5,000) to forty thousand (40,000) square feet of floor area. For buildings containing forty thousand (40,000) to one hundred thousand (100,000) square feet of floor area, two (2) loading berths shall be provided, plus one additional loading berth for each additional one hundred thousand (100,000) square feet of floor area or frac

The following words and terms shall have the meaning set forth, except where otherwise specifically indicated. Words and terms not defined shall have the meaning indicated by common dictionary definition.

ACRE: A measure of land containing forty three thousand five hundred sixty (43,560) square feet.

ADJACENT: To touch, to abut, to lie immediately next to, and/or to share a common wall or lot line.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture 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, per the Cannabis Regulation and Tax Act, (P.A.101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the cannabis regulation and tax act, (P.A. 101-0027), as may be amended from time to time, and regulations promulgated thereunder. An adult-use cannabis cultivation center shall not be located within two thousand five hundred feet (2,500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home or pre-existing property zoned or used for residential purposes. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. No more than one (1) adult-use cannabis cultivation center shall be permitted at any given time in Blue Heron Business Park/Bluff City Industrial Park and no more than one (1) additional adult-use cannabis cultivation center shall be permitted at any given time in Brewster Creek Business Park. On site consumption of cannabis is expressly prohibited.

ADULT-USE CANNABIS DISPENSING CENTER: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, P.A. 101-0027, as it may be amended from time to time, and regulations promulgated thereunder. On site consumption of cannabis is expressly prohibited.

ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER: A facility operated by an organization or business that is licensed by the Illinois department of agriculture to directly incorporate cannabis or cannabis c

Subject to all other requirements of this chapter, accessory buildings, accessory structures and/or accessory uses shall be permitted in designated yards of a zoning lot as follows in table 3-1 of this section:

F: Denotes permitted obstruction in front yards.

C: Denotes permitted obstruction in corner side yards.

S: Denotes permitted obstruction in side yards.

R: Denotes permitted obstruction in rear yards.

Note that all types of obstructions listed below shall meet either the setback requirements of the zoning district in which they are located, the provisions of this chapter, or any specific setbacks listed with the type of obstruction. This provision is intended to designate which yards a specific type of obstruction may be located within.

TABLE 3-1 PERMITTED OBSTRUCTIONS IN YARDS

A.   Decks: Decks as defined in this title may be erected in all zoning districts subject to the following:

1.   Permits: Prior to the construction of any deck, the property owner shall obtain a building permit from the building department in accordance with the Bartlett building code (title 9 of the Bartlett municipal code).

2.   Height Measurement: The height of all decks shall be measured from the immediately adjacent ground level to the floor of the deck. Any deck greater than thirty inches (30") in height shall provide a guardrail in accordance with the Bartlett building code (title 9 of the Bartlett municipal code).

3.   Location:

a.   General: Decks are only permitted in the rear yard and the interior side yard of a corner lot.

b.   Easements: Decks shall not be located on or over any public utility or public drainage easements.

c.   Rear Yard: Decks are permitted within the rear yard as follows:

(1)   Decks eighteen inches (18") or less in height above the average ground elevation, are permitted within the rear yard, and shall be set back a minimum of five feet (5') from any property line, except in the SR-4 district, where it shall be set back a minimum of three feet (3') from any property line or in the case of attached single-family dwelling units (see figures 3-1 and 3-2 of this section).

(A)   Decks associated with attached single-family dwelling units may be constructed up to a side property line only if that side property line coincides with a shared common wall between the dwelling units.

(B)   If a deck is immediately adjacent to another deck along a common side property line, a dividing wall shall be provided between the adjacent decks.

d.   Interior Side Yards: Decks are only permitted in an interior side yard of a corner lot when the deck will be located opposite the front entrance, then a deck eighteen inches (18") or less in height shall be permitted and shall be set back a minimum of five feet (5') from any property line, except in the SR-4 district, where it shall be set back a minimum of three feet (3') from any property line (see figure 3-1 of this section).

(1)   Decks more than eighteen inches (18") in height above the average ground elevation, are permitted to extend a maximum of ten feet (10') into the required rear yard, however they shall be set back a minimum of five feet (5') from any side property line, except in the SR-4 district, where it shall be set back a minimum of three feet (3') from any side property line or in the case of attached single-family dwelling units (see figures 3-1 and 3-3 of this section).

(A)   Decks associated with attached single-family dwelling units may be constructed up to a side property line only if that side property line coincides with a shared common wall between the dwelling units.

(B)   If a deck is immediately adjacent to another deck along a common side property line, a dividing wall shall be provided between the adjacent decks.

4.   Construction: The Bartlett b

A.   Community Residence:

1.   A community residence shall have a maximum of eight (8) unrelated persons residing in it, with a minimum of one but not more than three (3) paid professional support staff provided by the sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents are present at the dwelling to provide supervision and support.

2.   The community residence is located at least one thousand two hundred feet (1,200'), measured in all directions, from any other building used as a community residence pursuant to this title, or a "community residence" as defined pursuant to any adjacent jurisdiction's zoning ordinance.

3.   Services, including, but not limited to, counseling and other treatment, shall be provided for only persons residing at the community residence.

B.   Places Of Assembly, Religious Institutions And Lodges (Fraternal And Civic): A traffic impact study shall be required for all places of assembly, religious institutions and lodges (fraternal and civic) greater than ten thousand (10,000) square feet.

C.   Agriculture:

1.   Distances: Land used for the shelter, feeding, keeping, propagating and culture of livestock and farm animals shall be a minimum of two (2) acres in area and all accessory structures associated with the above keeping of livestock and farm animals shall be a minimum of one hundred feet (100') from the nearest lot line. Any other structure used in the pursuit of agriculture not associated with animals shall be a minimum of one hundred feet (100') from the nearest front lot line, and a minimum of fifty feet (50') from the nearest interior and rear lot lines.

2.   Chickens (Poultry):

a.   The raising/keeping of chickens shall be permitted on residential zoning lots containing a minimum of six thousand (6,000) square feet.

b.   A maximum of four (4) chickens shall be permitted on properties zoned and occupied for single family residential uses.

c.   All chickens shall be kept within a covered enclosure/structure with an attached covered/enclosed outdoor area to prevent chickens from encroaching onto neighboring properties.

d.   An outdoor area a minimum of six (6) square feet per chicken will be required and a maximum of one hundred (100) total square feet will be permitted for both the covered enclosure/structure and outdoor area.

e.   All enclosures/structures shall be located a minimum of ten feet (10') from all lot lines.

f.   The structure shall contain insulated walls and/or an insulated blanket shall cover the structure during the winter months.

g.   All chickens and enclosures/structures shall be kept/located in the rear yard only.

h.   All areas where chickens are kept shall be clean and well maintained with little to no accumulation of waste. In addition, all areas where chickens are kept shall not produce or cause odors that are detectable on adjacent properties.

i.   Roosters are prohibited.

j.   No slaughtering.

k.   No othe

A.   Scope And Applicability Of Requirements: Except as may be provided elsewhere in this title, the provisions of this chapter shall establish the minimum and maximum requirements of area, bulk, density, and setbacks for all residential districts. No building or structures shall be erected, converted, enlarged, reconstructed, or structurally altered in violation of the requirements of this chapter.

TABLE 4A-2 SINGLE FAMILY RESIDENTIAL DISTRICTS BULK REGULATIONS

Notes:

1.    For cul-de-sac lots or lots on a curvilinear portion of the street, the lot width requirement may be reduced by 25 percent in ER-1, 15 percent in ER-3 and 10 percent in SR-2 Zoning Districts, and the lot width shall be measured at the front setback line.

2.    In the SR-4 Zoning District, where the average setback on existing structures on a block face is less than 25 feet, that average shall be the depth of the required front yard for new structures or additions on that block face.

3.    The maximum floor area ratio does not apply to single-family detached or duplex dwellings.

4.    Any structure exceeding the height of the district shall require a special use permit.

TABLE 4A-3 MULTIPLE FAMILY RESIDENTIAL DISTRICTS BULK REGULATIONS

A.   Minimum Lot Area: Excluding senior citizen housing authorized as a special use, three thousand (3,000) square feet of lot area shall be provided and maintained for each dwelling unit on or above the second floor.

B.   Required Yards: Required yards shall be provided and maintained in the B-1 Village Center District as described below:

1.   Required Front Yard: A required front yard of twenty feet (20') shall be provided and maintained, unless fifty percent (50%) or more of the lots on any given block face have previously been lawfully developed with buildings having setbacks less than twenty feet (20') (a block face being defined as one side of a public street between two intersecting streets on that same side). In the case of the above-described previous development, the average setback of existing buildings may then be considered the required front yard depth for that block face.

2.   Required Side Yards: No interior side yard shall be required. On a corner side yard, a required side yard shall be provided and maintained of twenty feet (20') or the average front yard setback along the same block face, whichever is lesser. Where a side lot line coincides with a side or rear lot line in an adjacent residential district, a transitional yard shall be required along such side lot line. Such transitional yard shall be equal in dimension to the required side yard for a residential use on the adjacent residential lot.

3.   Required Rear Yard: A required rear yard of twenty feet (20') shall be provided and maintained.

C.   Building Height: The maximum height of any structure shall be forty-eight feet (48') or four (4) stories, whichever is lower. However, no part of a structure within fifty feet (50') of a residential district line shall exceed twenty-five feet (25') or two (2) stories, whichever is lower.

D.   Floor Area Ratio: The maximum floor area ratio shall be 0.6.

E.   Minimum Size of Dwelling: Every structure occupied in whole or in part for residential purposes shall contain at least seven hundred fifty (750) square feet of livable floor area per dwelling unit exclusive of basement or garage space.

F.   Special Requirements: Uses in the B-1 Village Center District shall conform to the requirements set forth hereafter:

1.   Parking and Loading Requirements: All uses shall conform to the applicable requirements for off-street parking and loading set forth in Chapter 11. However, because uses in this District may be located on small parcels, compliance with the strict requirements for off-street parking and loading may be impractical. In such cases, the owner may, at the discretion of the Village Board, contribute to the Bartlett Public Parking Fund an amount equal to one thousand dollars ($1,000.00) multiplied by the required number of parking spaces not provided. Such fund is established to provide public off-street parking within close proximity to the B-1 Village Center District which meets the needs of adjacent uses and yet pres

Modifications in conventional zoning and subdivision regulations are privileges and will be considered by the Village Board only in direct response

to the accrual of tangible benefits from the Planned Unit Development to the Village or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities, outstanding environmental, landscape, architectural or site design, or the conservation of special man-made or natural features of the site. In reviewing an application for a Planned Unit Development the Village Board shall be required to make certain findings based on the standards below:

A.   Required Findings: No application for a Planned Unit Development shall be approved unless all of the following findings are made about the proposal:

1.   Comprehensive Plan. It shall conform with the Comprehensive Plan and the general planning policies and precedents of the Village, particularly with reference to the following:

a.   Land use policies;

b.   Land use intensity;

c.   Housing goals;

d.   Traffic impact and parking;

e.   Impact on schools, public utilities and facilities;

f.   The character of the Village and the specific neighborhood; and

g.   The conservation and enhancement of the tax base and economic well-being of the Village.

2.   Permitted Uses. Each of the proposed uses is a permitted or special use in the district or districts in which the Planned Unit Development would be located.

3.   Public Welfare. It shall be so designed, located and proposed to be operated and maintain ed that the public health, safety and welfare will not be endangered or detrimentally affected.

4.   Impact on Other Property. It shall not substantially lessen or impede the suitability for permitted use and development of, or be injurious to the use and enjoyment of, or substantially diminish or impair the value of, or be incompatible with, other property in the immediate vicinity.

5.   Impact on Public Facilities and Resources. The plan shall include impact donations in accordance with Ordinance 83-7.

6.   Support Facilities. It shall have or make provision for adequate utilities, drainage and other necessary facilities.

7.   Parking and Traffic. It shall have or make adequate provision for parking and ingress and egress and be so designed as to minimize traffic congestion and hazards in the public streets.

8.   Adequate Buffering. It shall have adequate site area, which area may be greater than the minimum in the district in which the proposed site is located, and other buffering features to protect uses within the development and on surrounding properties.

9.   Performance. There shall be reasonable assurance that, if authorized, it will be completed according to schedule and adequately maintained.

B.   Modification Standards: In addition to the findings required above, the following standards shall be utilized by the Village in considering applications for modifications of the conventional zoning and s

Accessory uses, buildings or other structures customarily incidental to, and commonly associated with, a permitted or special use may be permitted, provided they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any separate business, profession, trade or industry.

Accessory uses may include the following:

Agricultural buildings and structures.

Boathouses, private.

Commercial sale of equipment, food or beverages, if incidental to the operation of a country club.

Conservatories, private.

Fallout shelters.

Garages, carports, and parking spaces for lawful occupants or users of permitted or special uses on the same premises.

Gardening.

Home occupations.

Household pets exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes, limited to not more than a total of three (3) traditional domestic animals.

Living quarters, detached, for persons employed on the premises, if occupied only by such persons and their immediate family, and not rented or otherwise used as a separate dwelling.

Playhouses and summer houses.

Roadside stands, for the display and sale of agricultural products on zoning lots where the principal use is agriculture.

Signs, as regulated in Chapter 12 of this Title.

Swimming pools and tennis courts, exclusively for the use of the residents and their guests, and set back from every property line at least ten feet (10').

Tool houses, sheds and other similar buildings for the storage of domestic supplies.

Water retention and detention areas. (Ord. 87-65, 12-1-1987)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

IBC section 903.2 is amended by adding the following additional requirement before the exception:

All buildings in every fire area, except detached single family, attached two family residences and townhouses shall be provided with complete sprinkler protection in accordance with the requirements of the applicable stand NFPA 13 or NFPA 13R.

Fire Protection Systems: Automatic fire suppression systems shall be installed and maintained in full operating condition in all new construction for all buildings two thousand five hundred (2,500) square feet or more in area containing any commercial, storage, industrial, or institutional uses, and for all buildings in which dwelling units are located except detached single family homes, attached two-family residences, and townhouses.

The square footage is based on the footprint of the structure. The use of fire walls or fire barriers to reduce this footprint are not allowed.

Exception: Accessory structures located greater than one hundred fifty (150) lineal feet from the nearest village of Bartlett water main, that is less than five thousand (5,000) square feet, are constructed as non-habitable (no restrooms) and that are provided a full fire alarm system (smoke and heat detectors) tied into Du Comm. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020)

Except as provided in Section 3-9-7 of this Chapter, every park licensed or to be constructed under the provisions of this Chapter shall comply with the following provisions:

A.   Every park shall be in the charge of a responsible attendant or caretaker at all times, whose duties shall be to maintain the park, its facilities and equipment, in a clean, orderly and sanitary condition, and be answerable, with the licensee, for any violation of the provisions of this Chapter.

B.   No park shall be so located that the drainage of the park area will endanger any water supply. All such parks shall be well drained and shall be located in areas free from ponds, swamps and similar places in which mosquitos may breed. No waste water from trailer coaches shall be deposited on the surface of the ground.

C.   Area Requirements:

1.   The minimum area for each trailer coach park shall be ten (10) acres. The minimum number of spaces completed and ready for occupancy before first occupancy is permitted shall be fifty (50).

2.   The total density of any trailer coach park shall not exceed seven (7) units per gross acre and the net density on any particular acre within such park shall not exceed ten (10) units per acre. (1972 Code § 156.040)

3.   The minimum area for each individual trailer coach space shall be two thousand one hundred (2,100) square feet. Not more than one trailer coach shall be placed on a trailer coach lot. (1972 Code § 156.040; amd. 1986 Code)

D.   That part of an individual lot reserved for the placement of the trailer coach shall be called the "trailer coach stand" and shall conform to the following standards:

1.   The trailer coach stand shall be so placed as to provide for the practical placement on the lot of both the trailer coach and its appurtenant structures and the retention of the trailer coach on the lot in a stable condition and in satisfactory relationship to its surroundings.

2.   The size of the trailer coach stand shall be suitable for the general market to be served by the individual park and suitable to fit dimensions of trailer coaches anticipated, including trailer coach appurtenant structures or appendages.

3.   The location of each trailer coach stand shall be at such elevation, distance and angle in relation to the access street and the trailer coach lot driveway that placement and removal of the trailer coach is practical.

4.   Concrete slab or concrete runways.

5.   There shall be a minimum of two percent (2%) longitudinal and adequate crown or cross-gradient and surface drainage.

6.   All trailer coaches which are placed on foundations or piers shall have the entire perimeter enclosed. The enclosure shall be of a material approved by the Building Inspector. Panels manufactured specifically for trailer coach enclosures shall be considered to meet these requirements.

E.   Lots And Trailer Placements:

1.   The minimum average width for each trailer coach lot shall be forty feet (40'), except that for any tr

For purposes of this section, the following terms shall have the following meanings:

BAR: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent (10%) of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

EMPLOYEE: A person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity.

EMPLOYER: A person, business, partnership, association, or corporation, including a municipal corporation, trust, or nonprofit entity that employs the services of one or more individual persons.

ENCLOSED AREA: All space between a floor and a ceiling that is enclosed or partially enclosed with: a) solid walls or windows, exclusive of doorways, or b) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

ENCLOSED OR PARTIALLY ENCLOSED SPORTS ARENA: Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

GAMING EQUIPMENT OR SUPPLIES: Gaming equipment/supplies as defined in the Illinois gaming board rules of the Illinois administrative code.

GAMING FACILITY: An establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

HEALTHCARE FACILITY: An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. "Healthcare facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities.

PLACE OF EMPLOYMENT: Any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including, but not limited to, entrances and exits to places of employment, including a minimum distance, as set forth in section 4-8-3 of this chapter, of fifteen feet (15') from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; restrooms; conference ro

Notwithstanding any other provision of the act, smoking is allowed in the following areas:

A.   Private residences or dwelling places, except when used as a childcare, adult daycare, or healthcare facility or any other home based business open to the public.

B.   Retail tobacco stores (as defined in section 4-8-1 of this chapter) in operation prior to the effective date of the act. The retail tobacco store shall annually file with the Illinois department of public health by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after the effective date of the act may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited.

C.   Private and semiprivate rooms in nursing homes and long term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed or to remain in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home.

D.   Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than twenty five percent (25%) of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms. (Ord. 08-04, 1-22-2008)

The following sections are amendments to the international building code/2006, and correspond to the numbering system within said code:

Section 101.1 Title : Revise to read as follows:

101.1 Title. These regulations shall be known as the building code of the city of Batavia, hereinafter referred to as "this code".

Section 101.2 Scope : Revise the exception to read as follows:

Exception: Detached one- and two-family dwellings not more than three stories above grade plane in height with a separate means of egress and their accessory structures shall comply with the residential building code of the city and not this code .

Section 101.4.1 Electrical : Revise to read as follows:

101.4.1 Electrical. Installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto shall comply with the provisions of the national electric code/2005 and not this code.

Section 101.4.4 Plumbing : Revise to read as follows:

101.4.4 Plumbing. Installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system shall comply with the provisions of the Illinois plumbing code/2004 and not this code.

Section 103.1 Creation Of Enforcement Agency : Revise to read as follows:

103.1 Creation Of Enforcement Agency. There is a building and inspection division for the city, created under section 1-8C of the municipal code. The building and inspection commissioner, building inspector, and the zoning officer designated under title 10 of the municipal code shall collectively be known as the "code official" as herein used.

Section 103.2 Appointment : Delete this section.

Section 105.1.1 Annual Permit : Delete this section.

Section 105.1.2 Annual Permit Records : Delete this section.

Section 105.2 Work Exempt From Permit : Delete numbers 1, 2, 3, 5, 10 under "Building". Revise number 4 to 3 feet.

Section 105.3.1.1 Pending Violations : Add a new section to read as follows:

105.3.1.1 Pending Violations. If during the time of review of said building application, informal or formal proceedings relating to the violation of any section of the Batavia municipal code, either related to the property which the then pending building permit application involves, or to other property within the city, controlled by the applicant for the pending permit, or relating to work on said other property being performed by the applicant under the pending permit application, a permit shall not be issued until final action has been taken on such informal or formal proceedings, unless authority for the issuance of the pending permit is granted by the city council.

Section 106.1 Submittal Documents : Revise to read as follows:

106.1 Submittal Documents. Construction documents, statement of special inspections and other data shall be submitted in four (4) sets with each permit application. The construc

The international mechanical code, as herein above adopted by reference, is specifically amended as follows:

CHAPTER 1 ADMINISTRATION

Section 101.1 Title: Revise to read as follows:

101.1 Title. These regulations shall be known as the mechanical code of the city of Batavia, hereinafter referred to as "this code."

Section 101.2 Exception: Revise to read as follows:

Exception. Detached one- and two-family dwellings not more than three stories high with separate means of egress and their accessory structures shall comply with the international residential code.

Section 102.8 Exception: Add an exception to read as follows:

Exception. Where enforcement of the code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

Section 102.8.1 Plumbing Code: Add a new section to read as follows:

102.8.1 Plumbing Code. All references to the international plumbing code shall be deemed to mean the Illinois plumbing code as adopted in section 9-6-3 of the Batavia municipal code.

Section 102.8.2 Electrical Code: Add a new section to read as follows:

102.8.2 Electric Code. All references to the ICC electrical code shall be deemed to mean the national electric code as adopted in section 9-5-3 of the Batavia municipal code.

Section 103.1 General: Revise to read as follows:

103.1 General. There is a building and inspection department for the city, created under section 1-8C of the Batavia municipal code. The building and inspection commissioner, building inspector, and the zoning officer designated under title 10 of the Batavia municipal code shall collectively be known as the "code official" as herein used.

Section 106.5.2 Fee Schedule: Revise to read as follows:

106.5.2 Fee Schedule. The fees for mechanical work shall be as indicated in section 9-1-3 of the Batavia municipal code.

Section 108.4 Violation Penalties: Revise to read as follows:

108.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code shall be guilty of a code violation, punishable by a fine as specified in section 9-1-4 of the Batavia municipal code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 108.5 Stop Work Orders: Revise to read as follows:

108.5 Stop Work Orders. Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which

The international fuel gas code, as herein above adopted by reference, is specifically amended as follows:

CHAPTER 1 ADMINISTRATION

Section 101.1 Title: Revise to read as follows:

101.1 Title. These regulations shall be known as the fuel gas code of the city of Batavia, hereinafter referred to as "this code."

Section 101.2 Exception: Revise to read as follows:

Exception. Detached one- and two-family dwellings not more than three-stories high with separate means of egress and their accessory structures shall comply with the international residential code.

Section 102.8 Exception: Add an exception to read as follows:

Exception. Where enforcement of the code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply.

Section 102.8.1 Plumbing Code: Add a new section to read as follows:

102.8.1 Plumbing Code. All references to the international plumbing code shall be deemed to mean the Illinois plumbing code as adopted in section 9-6-3 of the Batavia municipal code.

Section 102.8.2 Electrical Code: Add a new section to read as follows:

102.8.2 Electric Code. All references to the ICC electrical code shall be deemed to mean the national electric code as adopted in section 9-5-3 of the Batavia municipal code.

Section 103.1 General: Revise to read as follows:

103.1 General. There is a building and inspection department for the city, created under section 1-8C of the Batavia municipal code. The building and inspection commissioner, building inspector, and the zoning officer designated under title 10 of the Batavia municipal code shall collectively be known as the "code official" as herein used.

Section 106.5.2 Fee Schedule: Revise to read as follows:

106.5.2 Fee Schedule. The fees for fuel gas work shall be as indicated in section 9-1-3 of the Batavia municipal code.

Section 108.4 Violation Penalties: Revise to read as follows:

108.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, or repair work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code shall be guilty of a code violation, punishable by a fine as specified in section 9-1-4 of the Batavia municipal code. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

Section 108.5 Stop Work Orders: Revise to read as follows:

108.5 Stop Work Orders. Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous or unsafe manner, such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work

The international residential code, as herein above adopted by reference, is specifically amended as follows:

CHAPTER 1 ADMINISTRATION

Section 101.2 Scope: Revise to read as follows:

101.2 Scope. The provisions of the international residential code for one and two family dwellings shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal, and demolition of detached one and two family dwellings not more than three stories in height with a separate means of egress and their accessory structures.

Section R105.2 Work Exempt From Permit: Delete this section.

Section R105.2.3 Public Service Agencies: Delete this section.

Section R105.5 Expiration: Revise to read as follows:

R105.5 Expiration. Every permit, except demolition permits, shall become invalid or void unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Demolition permits shall become invalid unless work is commenced within 10 days after its issuance, or 30 days after the date of issuance of such permit. The building official is authorized to grant, in writing, one or more extensions of time, for any permits, for a period not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section R105.7 Placement Of Permit: Revise to read as follows:

R105.7 Placement Of Permit. The building permit weather card shall be kept on the site of the work and be visible from the street until such time as a certificate of occupancy permit has been issued, or a final inspection has been performed.

Section R106.1.3 Information For Construction In Areas Prone To Flooding: Revise to read as follows:

R106.1.3 Information For Construction In Areas Prone To Flooding. For buildings and structures in flood hazard areas, as established on local floodway rate maps, locally adopted flood plain ordinances shall apply.

Section R106.3.1 Approval Of Construction Documents: Revise to read as follows:

R106.3.1 Approval Of Construction Documents. When the building official issues a permit, the construction documents shall be approved in writing or by stamp. One set of the approved construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant and shall be kept on the site of the project and shall be open to inspection by the building official or his or her authorized agent/representative.

Section R106.3.4 Pre-Application Conference: Add a new section to read as follows:

R106.3.4 Pre-Application Conference. All applicants and owners seeking demolition permits for principal buildings on a lot or site shall first be required to attend a pre- application conference with the building commissioner and other city staff as directed, for the purpose of discussing the

A.   The International Building Code, 2018 Edition, as promulgated and published by the International Code Council, Inc. (International Building Code), is adopted by reference by the Village of Beach Park as modified in Section 15.04.250 for the purpose of regulating the erection, construction, enlargement, equipment, alteration, repair, moving, removal, demolition, conversion, use, height, area and maintenance of all buildings and structures in the Village of Beach Park. Any reference to NFPA Standards shall mean the most current edition of the standard. The International Building Code shall apply to all buildings and structures within the Village, except for single-family detached dwellings and two-family dwellings and all buildings and structures accessory thereto to the extent that such dwellings are expressly regulated by the International Residential Code, as adopted by the Village and amended pursuant to this title.

B.   International Building Code on File: Complete printed copies of the International Building Code are available for public use and inspection at the Office of the Village Clerk, Village Hall, Beach Park, Illinois.

C.   Amendments to the International Building Code: The International Building Code, adopted by reference pursuant to this Section is amended as set forth in this Section 15.04.040C. Subsequent section numbers used in this section shall refer to the like numbered sections of the International Building Code.

APPENDICES

As stated in the International Building Code, the provisions of the appendices are not mandatory unless specifically referenced in the adopting ordinance. The following appendices of the International Building Code are hereby adopted by reference:

Appendix K Administrative Provisions

SECTION 101 - GENERAL

101.1   Delete [NAME OF JURISDICTION] and replace with The Village of Beach Park, Illinois.

101.4.3   Delete the term International Plumbing Code and replace with Illinois Plumbing License Law, 225 ILCS 320/0.01 et seq., and the regulations adopted thereunder (Illinois Plumbing Law), as adopted by the Village and amended pursuant to Chapter 15.04.290 of this title. Insert after the first sentence: Every reference to the ICC International Plumbing Code in the International Building Code shall mean and refer to the Illinois Plumbing Law/Illinois Plumbing Code. Delete the entire last sentence of the section without substitution.

101.4.6   Add the following after the last sentence in this subsection. The State of Illinois Energy Code is the State minimum code and must be complied with minimally and the 2018 International Energy Conservation Code with ANSI/ASHRAE/IESNA Standard 90.1-2016 shall be used and the most restrictive shall apply.

101.4.8   Add the following new Section 101.4.8: 2017 NFPA 70-National Electrical Code

101.4.8   Electrical. The provisions of the 2017 Edition of the National Electric Code (NFPA 70) as adopted by the Village and amended pursuant to this title (Electric Code)

A.   The International Residential Code 2018 Edition, as promulgated and published by the International Code Council, Inc. (International Residential Code) is hereby adopted by reference by the Village of Beach Park as modified pursuant to this Chapter. The International Residential Code applies to all single-family detached dwellings and two- family dwellings and all buildings and structures accessory thereto and those buildings that are expressly regulated by the International Residential Code. Each and all of the regulations, provisions, penalties, conditions, and terms of said the International Residential Code are hereby referred to, adopted, and made a part hereof, as if fully set forth in this code with the additions, insertions, deletions and changes hereinafter prescribed.

B.   International Residential Code on File: Complete printed copies of the International Residential Code, herein adopted, are available for public use and inspection at the Office of the Village Clerk.

C.   Amendments to the International Residential Code: The International Residential Code, adopted by reference pursuant to this chapter, is amended as set forth in this section. Subsequent section numbers used in this section shall refer to the like numbered sections of the International Residential Code.

APPENDICES

As stated in the International Residential Code, the provisions of the appendices are not mandatory unless specifically referenced in the adopting ordinance. The following appendices of the International Residential Code are hereby adopted by reference:

Appendix E Manufactured Housing Used as Dwellings

Amend Section AE 101.1.1 to add the following text:

A.   Manufactured Homes as defined by the International Residential Code will not be allowed.

B.   Modular Construction may be approved by the building official after verification of compliance with all local codes.

SECTION R101 - GENERAL

R101.1   Delete Section R101.1 and replace as follows:

Section R101.1 Title. These regulations shall be known as the Residential Code for One- and Two-Family Dwellings of The Village of Beach Park, Illinois, hereinafter referred to as this code.

SECTION R105 - PERMITS

R105.2   Work exempt from permit. Replace R105.2 with following:

Building:

1.   One-story detached accessory structures, provided that the floor area does not exceed 100 square feet (9.3 m 2 ). Construction requirements, such as proper anchoring, still apply.

2.   Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

3.   Sidewalks and driveways.

4.   Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

5.   Prefabricated swimming pools that are less than 24 inches (610 mm) deep.

6.   Swings and other playground equipment.

7.   Decks not exceeding 200 square feet (15.58 m2) in area that are not more than 30 inches (762 mm) above grade at any point, are n

A.   Fenced Rear Yard Required: Hens may only be kept in a fenced rear lot area with a minimum area of twenty (20) square feet per hen.

B.   Coop And Run Required: Hens may only be kept on a property with a coop structure complying with the requirements of this section. Coops are deemed an accessory structure and must comply with requirements for accessory structures under title 17 of this code. Installation of coops shall require a building permit. When not enclosed in a coop, hens shall be kept within an enclosed run that does not permit the hens to freely roam over an entire property.

C.   Coop Size Requirements: Coop and coop enclosures must be sized properly for the number of chickens to be maintained. Coop and coop enclosures must be a minimum of ten (10) square feet but shall not exceed a maximum of one hundred (100) square feet. The coop must be elevated a minimum of one foot (1') above the ground, designed to be predator and pest resistant, and easily accessed for cleaning and maintenance.

D.   Coop And Run Location Requirements: Coops and runs must be set back a minimum of twenty feet (20') from any property line or the principal dwelling unit on the subject lot and thirty feet (30') from any structure used as a dwelling unit on any abutting lot.

E.   Hen Activity: All hens must be maintained in the coop when an adult (18 years or older) is not present on site. If an adult (18 years or older) is present on site, the animals may roam in a fenced yard.

F.   Sanitation And Maintenance: No person shall cause or allow a coop and yard area where hens are kept to become unclean or unwholesome. Coops must be routinely cleaned with the minimum period between cleanings being every two (2) weeks. Nuisance laws shall pertain to the keeping of hens, provided that the mere keeping of hens in accordance with these restrictions shall not, by itself, constitute a nuisance.

G.   Keeping Of Food: Food for hens must be maintained in pestproof containers.

H.   Disposal Of Waste And Deceased Hens: All waste and deceased hens must be disposed of in a sanitary manner.

I.   Hen Health: Hen health must be maintained with proper feed and water.

J.   Sickness And Disease: If the owner becomes aware that a hen is becoming ill, and the symptoms do not abate within forty eight (48) hours of the visible onset of any symptoms of disease, aid from a veterinarian must be given or the animal must be humanely slaughtered.

K.   Breeding Prohibited: The breeding of chickens on site is expressly prohibited.

L.   Animal Cruelty: Animal cruelty laws pertain to hens.

M.   Slaughtering: Slaughtering of hens shall not occur within the unobstructed view of any public right of way, and any slaughtering or related processing must be conducted in a humane and sanitary manner. (Ord. 2014-O-14)

A.   Compliance With State Regulations: Hives shall be registered with the Illinois department of agriculture and actively maintained in accordance with the Illinois bees and apiaries act 1 or its successor legislation.

B.   Site Plan: A site plan generally depicting the location and setbacks of hive(s) and other beekeeping improvements on a subject property with respects to structures and property lines must be provided with any application as required per subsection 6.08.015A of this chapter.

C.   Hive Location: Honeybee hives may only be kept in a rear yard area.

D.   Fencing Around Hives: Hives shall be enclosed completely on all sides by a four foot (4') high fence or wall. The fence or wall shall not be set back less than five feet (5') from a hive structure. One warning sign no less than one foot (1') by two (2) stating "CAUTION BEES" shall be placed on each exterior side of a fence or wall enclosure for a honeybee hive.

E.   Hive Structure Required: Honeybees may only be kept on a property with a hive structure complying with the requirements of this section. Hives are deemed an accessory structure and must comply with requirements for accessory structures under title 17 of this code.

F.   Hive Types And Requirements: Nucleus hives shall consist of five (5) or fewer comb frames kept for the purpose of queen and pest management. All other hives shall be defined as full hives. Hives must have removable comb frames, which shall be kept in good repair and usable condition.

G.   Hive Location Requirements: Hives must be set back a minimum of twenty feet (20') from any property line or the principal dwelling unit on the subject lot and thirty feet (30') from any structure used as a dwelling unit on any abutting lot.

H.   Requeening: In any instance in which a hive exhibits unusually aggressive characteristics, as verified by an Illinois apiary inspector, the property owner shall destroy or requeen the hive within fourteen (14) days of observation.

I.   Sanitation And Maintenance: No person shall cause or allow a hive or yard area where honeybees are kept to become unclean or unwholesome.

J.   Water Supply: A supply of water designed to allow access to bees shall be continuously available on the parcel upon which a hive is kept. This water requirement shall be in effect from April 1 to November 30 or any and all days in which the temperature exceeds fifty five degrees (55°) for three (3) consecutive days. (Ord. 2015-O-6)

It is hereby declared to be unlawful and a nuisance for any owner, operator, resident/occupant or lienholder(s) of record of any building, structure, dwelling or property within the limits of the village or within one-half ( 1 / 2 ) mile of the village limits to violate any of the following provisions:

A.   General Condition Of Premises: The owner, occupant/resident or operator of any building, structure, dwelling or property within the village shall maintain the exterior portions thereof in a safe, sanitary condition, clear and free from any accumulation of rubbish, garbage, building materials, litter, junk, abandoned or inoperative vehicle or parts thereof, or similar materials.

B.   Litter: It shall be unlawful to leave, throw, scatter or accumulate rubbish, wastepaper, foodstuff containers, advertising matter, refuse, sweepings or materials of like substance upon any premises.

C.   Motor Vehicles:

1.   Storage Of Inoperable Vehicles: Inoperable motor vehicles or parts thereof shall not be stored in open view on any premises not licensed as an authorized auto wrecking yard. No vehicle shall be permitted to remain in a state of major disassembly, stripped and/or dismantled, except when confined within a closed garage.

2.   Parking Vehicles On Private Property: Motor vehicles and/or trailers shall be parked on improved surfaces in all zoning districts and shall not block public sidewalks or drives. No unregistered motor vehicle shall be parked on any property in a residential zoning district. At no time shall any motor vehicle undergo major bodywork in a residential zoning district.

3.   Maintenance of Parking Surfaces: It shall be unlawful to fail to maintain a vehicle parking surface in good operational condition. The surface shall be kept free of potholes, standing water and weeds; there shall be no accumulation of dirt or mud to be tracked onto public roadways; and the surface material shall be properly affixed to the ground so that it does not become dislodged and present a hazard to the public.

4.   Existing Parking Areas: Existing parking areas that do not comply with the current Village surface standards listed in 8.12.180, such as compacted gravel or asphalt grindings, may be maintained provided that they were lawfully installed. While minor maintenance can be performed, reconstruction, expansion, or significant maintenance, as determined by the Building Official, shall not be permitted.

D.   Downspout/Gutter/Sump Pump Discharge Flow: All gutters and downspouts shall be securely and finely fastened to the building, structure or dwelling and shall be free of debris. Gutter, downspout and sump pump discharges shall be retained upon the premises and, when possible, be directed away from adjacent properties. The discharges from gutters, downspouts and sump pumps may also be directed into approved swales or drainage structures.

E.   Graffiti: The owner/operator/resident of the premises shall be responsible for the removal of any

For the purposes of this chapter, the following terms have the meanings ascribed to them in this section unless different meanings are plainly indicated by the context:

BAR: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent (10%) of its gross revenue from the sale of food consumed on the premises. Bar includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities and cabarets.

EMPLOYEE: A person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity.

EMPLOYER: A person, business, partnership, association or corporation, including a municipal corporation, trust or nonprofit entity that employs the services of one or more individual persons.

ENCLOSED AREA: All space between a floor and a ceiling that is enclosed or partially enclosed with: a) solid walls or windows, exclusive of doorways, or b) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

ENCLOSED OR PARTIALLY ENCLOSED SPORTS ARENA: Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational or other events.

GAMING EQUIPMENT OR SUPPLIES: Gaming equipment/supplies as defined in the Illinois gaming board rules of the Illinois administrative code.

GAMING FACILITY: An establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

HEALTHCARE FACILITY: An office or institution providing care or treatment of diseases, whether physical, mental, or emotional or other medical, physiological or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories and offices of surgeons, chiropractors, physical therapists, physicians, dentists and all specialists within these professions. Healthcare facility includes all waiting rooms, hallways, private rooms, semiprivate rooms and wards within healthcare facilities.

PLACE OF EMPLOYMENT: Any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including, but not limited to, entrances and exits to places of employment, including a minimum distance of fifteen feet (15') from entrances, exits, windows that open and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; res

Notwithstanding any other provisions of this chapter, smoking is allowed in the following areas:

A.   Private residences or dwelling places, except when used as a childcare, adult daycare, or other healthcare facility or any other home based business open to the public.

B.   Retail tobacco stores in operation prior to January 1, 2008. The retail tobacco store shall annually file with the Illinois department of public health by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants or herbs and cigars, cigarettes, pipes or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after the effective date of January 1, 2008, may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited.

C.   Private and semiprivate rooms in nursing homes and long term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed or to remain in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home.

D.   Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than twenty five percent (25%) of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms. (Ord. 2010-O-12 § 1)

For the purpose of this chapter, certain terms and words in the singular number include the plural number, and words in the plural number include the singular number; and the word "building" includes the word "structure". Any words not herein defined shall be construed as defined in the building code.

ACCESSORY BUILDINGS: A subordinate building or portion of main building the use of which is incidental to that of the main building.

BLOCK: That property abutting on one side of the street between the two (2) nearest intersecting streets, railroad rights of way or other natural barriers.

BUILDING AREA: The maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces and cornices projecting not more than thirty inches (30").

BUILDING LINE: The outside of the main wall of the structure in the direction of measurement.

COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis as a single housekeeping unit, in a family like environment, by not more than six (6) unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis, or present whenever residents with disabilities are present at the dwelling, and which complies with the zoning regulation for the district in which the site is located.

DEPTH OF LOT: The horizontal distances between the front and rear lot lines.

DEPTH OF REAR YARD: The horizontal distances between the rear line of the building and the rear lot line.

DISABILITY: A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment, but such term shall not include current use of, nor addiction to, a controlled substance.

DISTRICT: A section of the village of Bedford Park for which the regulations governing the height, area and use of buildings and premises are the same.

DWELLING UNIT: One or more rooms which are arranged, designed or used as living quarters for a family or for a community residence as a single housekeeping unit. A dwelling unit includes a bathroom and kitchen facilities in addition to sleeping and living areas.

FAMILY: Any number of individuals who are related by blood, marriage or adoption, living and cooking together on the premises as a single housekeeping unit.

HEIGHT OF BUILDINGS: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front building to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves and ridge) for gable and hip roofs. Where a building is located upon a terrace or slope, the height may be measured from the average ground level at the building wall.

LOT: Land occupied or to be occupied by one build

(A)   Use: No buildings or premises shall be used and no building shall be hereafter erected or altered within any A1 residential district, unless otherwise provided in this chapter, except for the following uses:

Churches and temples.

Community residence. The sponsoring agency must obtain certification of occupancy prior to establishing a family community residence. No dwelling unit shall be occupied as a community residence until a certificate of occupancy has been issued by the building coordinator.

Libraries and public museums, public buildings.

Parks, recreation buildings and country clubs not conducted as a business or for profit.

Schools and colleges.

Single-family dwellings.

Temporary buildings used for construction purposes, for a period not to exceed one year.

Accessory uses incident to the above uses, including private garages, professional offices, home occupations and signs advertising premises for sale or rent, but not including the conduct of any retail or wholesale business or manufacture. (Ord. 145, 8-3-1961; amd. Ord. 91-841, 5-16-1991)

(B)   Height: No building shall hereafter be erected or altered to exceed thirty five feet (35') in height, or two and one-half (2 1 / 2 ) stories of fourteen feet (14') per story.

(C)   Area:

Rear yard: There shall be a rear yard having a minimum of not less than forty feet (40') from rear building line to the rear lot line.

Side yard: There shall be one side yard having a width of not less than six feet (6'), beginning from the lot line to the building line.

There shall be a side yard having a width of not less than thirteen feet (13'), beginning at the building line extending to the lot line.

(D)   Intensity Of Use Of Lot: No building with its accessory buildings shall occupy in excess of forty percent (40%) of the area of an interior lot, nor in excess of fifty percent (50%) of the area of a corner lot. No dwelling, or group of dwellings, shall hereafter be erected or altered to accommodate or make provisions for more than one family per dwelling in A1 residential districts.

(E)   Setback: See section 6-1-12 of this chapter. (Ord. 145, 8-3-1961)

(F)   Community Residences:

1.   No dwelling unit shall be occupied as a community residence until a certificate of occupancy has been issued by the building coordinator. No such certificate shall be issued for a community residence unless the following requirements are adhered to:

(a)   The community residence is located at least six hundred feet (600') from any existing community residence as measured from lot line to lot line; and

(b)   Each applicant must provide satisfactory evidence that he or she is duly licensed and/or certified to operate a group home with both the state and all other governmental regulatory agencies.

(c)   The number of individuals who may be allowed to reside in a community residence shall be in accordance with the building code 1 of the village, but in no event shall more than six (6) individuals be all

(A)   Use: No building shall be hereafter erected or altered within any A residential district, unless otherwise provided for in this chapter, except for the uses permitted in the A residential districts and the following uses:

1.   Single-family dwellings.

2.   Community residence. The sponsoring agency must obtain certification of occupancy prior to establishing a family community residence. No dwelling unit shall be occupied as a community residence until a certificate of occupancy has been issued by the building coordinator. (Ord. 145, 8-3-1961; amd. Ord. 91-841, 5-16-1991)

(B)   Height: No building shall hereafter be erected or altered to exceed thirty five feet (35') in height or two and one-half (2 1 / 2 ) stories of fourteen feet (14') per story.

(C)   Area:

Rear yard: There shall be a rear yard having a width of not less than forty feet (40') from rear building line to the rear lot line.

Side yard: There shall be one side yard having a width of not less than five feet (5') beginning at the building line and extending to the lot line.

1.   There shall be one side yard having a width of not less than six feet (6'), beginning at the building line and extending to the lot line.

2.   There shall be not less than eleven feet (11') between two (2) dwellings, beginning at the building line of one dwelling and extending to the building line of the adjoining dwelling.

(D)   Intensity Of Use Of Lot: No building with its accessory buildings shall occupy in excess of thirty percent (30%) of the area of an interior lot, nor in excess of fifty percent (50%) of the area of a corner lot.

(E)   Setback: See section 6-1-12 of this chapter. (Ord. 145, 8-3-1961)

(F)   Community Residences:

1.   No dwelling unit shall be occupied as a community residence until a certificate of occupancy has been issued by the building coordinator. No such certificate shall be issued for a community residence unless the following requirements are adhered to:

(a)   The community residence is located at least six hundred feet (600') from any existing community residence as measured from lot line to lot line; and

(b)   Each applicant must provide satisfactory evidence that he or she is duly licensed and/or certified to operate a group home with both the state and all other governmental regulatory agencies.

(c)   The number of individuals who may be allowed to reside in a community residence shall be in accordance with the building code 1 of the village, but in no event shall more than six (6) individuals be allowed to reside in said residence.

(d)   Nothing herein shall restrict or eliminate the requirement of compliance with the provisions of this code to ensure the health, safety and welfare of its residents.

2.   The building coordinator may revoke a certificate of occupancy if its license or certification, or operator license or certification to operate a community residence, is revoked. A certificate of occupancy is not transferable to another operator or to

(A)   Rules Of Construction: The following rules shall be observed and applied in the interpretation of this section:

1.   Words used in the present tense shall include the future tense;

2.   Words used in the singular shall include the plural and the plural shall include the singular;

3.   The words "shall" and "will" are mandatory and are not discretionary; the word "may" is permissive;

4.   The words "buildings/structures" shall include all nonliving improvements upon the land;

5.   The phrase "including, but not limited to" shall define examples selected to illustrate the interpretation of this section and the final interpretation shall be reserved for the village board of trustees;

6.   The word "person" shall include the words association, corporation, estate, partnership, venture or other legal entity.

(B)   Applicability: These regulations shall apply to all new development within the district, whenever development applications are required to be submitted to the village.

Development existing or authorized prior to the approval of this section, February 6, 2003, shall not be required to comply with the regulations contained herein. However, compliance with this section is required for an existing development when the principal structure is expanded by twenty five percent (25%) or more of the existing square footage. Nonconforming uses are also subject to regulations set forth in section 6-1-10 of this chapter.

(C)   District Boundaries: The Cicero Avenue overlay district is generally bounded by 65th Street to the north, Cicero Avenue to the east, 76th street to the south, and Laramie Avenue to the west and shall include the full depth of all parcels of land contiguous to Cicero Avenue and State Road within the village limits. Precise boundaries are provided on the district boundaries map on file in the village.

(D)   Relationship To Underlying District And Regulations: The Cicero Avenue overlay district shall overlay all underlying districts so that any parcel of land that falls within the district boundaries becomes subject to the regulations of both the overlay district as well as those of the underlying zoning district. Where inconsistencies in the regulations between the overlay district and the underlying zoning district occur the more restrictive shall apply.

(E)   Definitions: Whenever the following words or terms are used in this section, they shall have such meanings herein ascribed to them.

ADULT ENTERTAINMENT ESTABLISHMENT: An adult cabaret, adult massage parlor, adult store, or adult theater, shall be defined as follows:

Adult Booth: Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the c

(A)   Maintenance Of Exterior Property:

1.   Sanitation: All exterior property and premises shall be maintained clean, safe, sanitary and free from any accumulation of rubbish or garbage.

2.   Grading And Drainage: All premises shall be graded and maintained to prevent the accumulation of stagnant water thereon. The natural drainage of water over land shall not be changed. Water from sump pumps or ejector pumps shall not be directed nor allowed to drain to a neighboring property.

3.   Sidewalks And Driveways: All sidewalks, walkways, driveways and paved areas shall be kept in a proper state of repair and maintained free of hazardous conditions.

4.   Lawn Areas: All premises and exterior property shall be maintained free from weeds and plant growth in excess of eight inches (8") (excluding trees, shrubs, and cultivated flower or garden areas) and shall be maintained with grass.

5.   Ground Cover: No exterior property (except cultivated flower or garden areas) may be maintained with stone, sand, or other nonliving ground cover.

6.   Rat And Rodent Harborage: All structures and exterior property shall be kept free from rat and rodent infestation.

7.   Limitation Of Number Of Dogs And Cats: No person shall keep or maintain more than two (2) dogs and two (2) cats of two (2) months of age or older in any single-family residence, building or lot.

8.   Exhaust Vents And Air Conditioning Units: Pipes, ducts, conductors, fans, blowers and ground air conditioning units shall not discharge onto adjacent private property.

9.   Accessory Structures Including Fences: All accessory structures including detached garages, sheds, fences and walls shall be maintained structurally sound and in good repair.

10.   Sidewalks: The adjoining property owner shall be responsible for notifying the village if the public sidewalk in front and to the side (if any) of their property is in a hazardous condition.

11.   Parkways: The adjoining property owner shall be responsible for maintaining the public parkway in front and to the side (if any) of their property to the same standards as if it were their private property.

12.   Drainage Ditches And Sewers: No person shall obstruct any drainage ditch or sewer. Furthermore, no person shall deposit or pour any substance or material into a storm sewer or sanitary sewer.

13.   Corner Lots; Obstructed View: All trees, hedges, and shrubbery within fifteen feet (15') of the corner of the lot shall be maintained so as to allow a clear view of traffic by vehicles approaching an intersection.

14.   Sidewalk Obstructions: No person shall obstruct a public sidewalk. All limbs of trees or shrubs belonging to the property owner shall be maintained at least eight feet (8') above the surface of the public sidewalk.

15.   Storage Of Materials, Equipment: Outside storage of building materials, appliances, motor vehicle parts, furniture and other discarded material is hereby prohibited. The owner of a residence shall be responsible to

The location of off-street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served. Required parking areas must be located off-street and on the same lot as the building or use they are required to serve, unless specified below:

(A)   Parking areas are permitted encroachments only as indicated in this section or otherwise allowed by this title:

1.   In commercial and industrial zoning districts and for multiple family uses:

(a)   Parking areas may encroach into required side yards and required rear yards.

(b)   Parking areas shall not encroach into front yards; except for properties zoned B-1, B-3, and I-1 where a minimum front yard setback of twenty feet (20') shall be maintained for all parking areas.

2.   In commercial and industrial zoning districts and for multiple family uses adjacent to properties with single family detached, single family attached, or two-family dwellings, parking areas may encroach into required side yards and required rear yards except that a minimum setback of ten feet (10') shall be maintained for all parking areas.

3.   In commercial and industrial zoning districts:

(a)   Parking areas may be provided on the same lot or property being served, or on a separate lot or property, so long as all parking areas located on a separate property are located within six hundred feet (600') of a main entrance of the related building or use. The zoning classification of such separate lot or property where the off-street parking areas are located shall not be zoned for single-family residential.

(b)   Ten percent (10%) of the required parking and no less than five (5) spaces shall be accessible to visitors outside of any fenced-in or secured area.

(c)   Clearly identifiable and safe pedestrian paths shall be provided from parking areas to the main building entrance.

(B)   Control Of Off-Site Parking Areas: When required accessory off-street parking areas are provided elsewhere than on the lot on which the principal use served is located, they shall be in the same possession, either by deed or long-term lease, as the property occupied by such principal use, and the owner shall be bound by covenants filed of record in the Will County Recorder of Deeds requiring the owner and his or her heirs and assigns to maintain the required number of parking spaces during the existence of said principal use. (Ord. 1418, 3-10-2025)

(A)   Off-street parking spaces shall be provided for all uses listed below in at least the minimum amounts specified.

1.   The minimum number of usable off-street parking or stacking spaces shall be provided as noted in Table 10-2 below.

2.   All references to "square feet" are calculated as "gross square feet of building floor area."

3.   Mixed Uses: When two (2) or more uses are located on the same lot or within the same building, parking spaces equal in number to the sum of the separate requirements for each such use shall be provided. No parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Planning and Zoning Commission.

Table 10-2: Off-Street Parking Ratio Requirements

In the construction of this title, the rules and definitions contained in this Section shall be observed and applied, except when the context clearly indicates otherwise.

ACCESSORY BUILDING, STRUCTURE, OR USE: An accessory building, structure, or use is one which:

1.   Is subordinate to and serves a principal building or principal use;

2.   Is subordinate in building area, intensity, of use or purpose to the principal building or principal use served;

3.   Contributes to the comfort, convenience or necessity of occupants of the principal building or principal use served; and

4.   Is located on the same zoning lot as the principal building or principal use served, with the single exception of such accessory off-street parking facilities as are permitted to be located other than on the same zoning lot with the building or use served.

Accessory buildings or accessory portions of principal buildings shall not be included as required square footage in residential districts.

ADULT ENTERTAINMENT: Any adult book store, adult motion picture theater, adult mini-motion picture theater, massage parlor or commercial establishment which for a fee or incidentally to another service, presents material or exhibition distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific sexual activities" or "specified anatomical areas" as defined below for observation by patrons therein:

MASSAGE PARLOR: Any commercial establishment which for a fee provides for the manipulation, or rubbing of body parts, except manipulation of body parts for remedial purposes performed by state licensed practitioners with the minimal qualifications of a physical therapist.

SPECIFIED ANATOMICAL AREAS: Shall mean less than completely opaquely covered 1) Human genitals; 2) Pubic region; 3) Buttock; 4) Female breast below a point immediately above the top of the areola; and 5) Human male genitals in a discernible turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES: 1) Human genitals in a state of sexual stimulation or arousal; 2) Acts of human masturbation, sexual intercourse or sodomy; and 3) Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

ADULT-USE CANNABIS BUSINESS ESTABLISHMENT: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

ADULT-USE CANNABIS CRAFT GROWER: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture 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, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

ADULT-USE CANNABIS CULTIVATION CENTER: A facility operated by an organiz

(A)   Interpretations:

1.   Authority: The Zoning Administrator, subject to the provisions of this subsection (A), may render interpretation of the application of the provisions of this code.

2.   Purpose: The Zoning Administrator's interpretation authority recognizes that the provisions of this code do not address every specific situation to which they may have to be applied. However, many situations can be readily addressed by an interpretation of specific provisions of this code based on the general and specific purposes for which those provisions have been enacted and the specific facts of a given situation.

3.   Parties Entitled To Interpretations: Applications for interpretations may be filed by any person having an interest in the circumstances giving rise to the need for an interpretation; provided, however, that interpretations shall not be sought by any person based solely on hypothetical facts or where the interpretation would have no effect other than as an advisory opinion.

4.   Procedure:

(a)   Application: Applications for interpretations of this code will be filed with the Zoning Administrator on an application form, approved in form and substance by the Zoning Administrator, available in the Zoning Administrator's office.

(b)   Action On Application: Within thirty-five (35) days following the receipt of a properly completed application for interpretation, the Zoning Administrator will inform the applicant in writing of his or her interpretation, stating the specific precedent, reasons, and analysis upon which the determination is based. The Zoning Administrator may also forward the applications directly to the Planning and Zoning Commission for a determination. Failure of the Zoning Administrator to act within thirty-five (35) days, or such further time to which the applicant may agree, will be deemed to be a decision denying the application.

(c)   Appeal: Appeals from the Zoning Administrator's interpretation may be taken to the Planning and Zoning Commission as provided in subsection (B) of this Section.

(d)   Standards For Use Interpretations: The following standards will guide the Zoning Administrator and, in the case of an appeal of the Zoning Administrator's interpretation, the Planning and Zoning Commission in issuing use interpretations:

(1)   Limitations On Favorable Use Interpretations:

A.   No use interpretation finding a particular use to be permitted or specially permitted in a particular district will be valid for a period longer than six (6) months from the date of the interpretation unless a building permit is issued, and construction is actually begun within that period and is diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

B.   A use interpretation finding a particular use to be permitted or specially permitted in a particular district will only authorize the particular use for which it was issued, and will not be deemed to authorize

The following table lists permitted and special uses in each classified zoning district. (A "P" denotes that the use is a permitted use, an "S" denotes that the use is a special use, and an "X" denotes that the use is prohibited (not permitted)).

Table 6-1

Each and all of the regulations, provisions, penalties, conditions and terms of the following codes are hereby adopted for the Village of Beecher and made a part hereof, as if fully set forth herein, with the amendments provided below each code:

(A)   2021 International Building Code, with the following amendment:

1.   Section 101.1 - delete "[NAME OF JURISDICTION]" and replace with "Village of Beecher".

2.   Section 101.1.4.3 - delete "International Plumbing Code" and replace with "Illinois Plumbing Code, as amended from time to time as adopted and amended by the Village of Beecher".

3.   Section 102.2 - add "The Village of Beecher Zoning Ordinance shall prevail over any conflicts in this code pertaining to zoning regulations, signs, performance standards, accessory uses, and other matters."

4.   Section 109.2-delete entire section and replace with "See Village of Beecher Fee Schedule".

5.   Section 110.3.12 - add to end of section: "The issuance of the certificate of occupancy will occur within 3 business day of passing final inspection. Final inspections must be scheduled with at least 1 business day notice prior to the inspection."

6.   Section 113.1- delete entire subsection and replace with "The President and Board of Trustees of the Village of Beecher shall hear and resolve all appeals. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent or better form of construction is proposed. The President and Board of Trustees of the Village of Beecher shall not have authority to waive requirements of this code."

7.   Section 406.3.2.1 - delete entire subsection and replace with "Dwelling unit separation. The separation between a dwelling and a private garage shall comply with International Residential Code Section R309.5, R309.5.1, R309.5.2, R309.5.3, and R309.5.4 as amended by the Village of Beecher."

8.   Section 906.5 - delete subsection and replace with "Extinguisher locations. Fire extinguishers shall be located within 5 feet of each exit door. All other areas shall have fire extinguishers installed in accordance with NFPA 10."

9.   Chapter 11 - delete entire chapter and replace with "See The Illinois Accessibility Code, as amended from time to time."

10.   Section 1805.4.2 - amend to add the following: "All foundation drains shall incorporate the use of a minimum four inch (4") perforated tile."

11.   Section 1808.1.1 - amend to add the following: "All footings and foundations walls are to be poured in place concrete. Alternative methods may be approved by the Building Official."

12.   Section 2111.11 - amend to add the following: "Factory-built fireplace hearths. Hearth extensions for approved factory manufactured fireplaces shall extend not less than sixteen inches in front and at least eight inches beyond each side of the fireplace opening."

13.   Chapt

A minimum grade of 4-ply plywood (3216 span rating) or OSB particleboard (3216 span rating) with an "APA Grade" stamp shall be required for new construction of exterior walls and roofs in all residential dwellings, attached garages or commercial structures. This minimum grade requirement does not apply to incidental or accessory buildings or detached garages. (Ord. 1169, 11-11-2012)

No portion of an outdoor private residential swimming pool, except the walkway described in section 4-5-8 of this chapter, or accessory equipment (pumps, filters, etc.) shall be located at a distance less than five feet (5') from any side or rear property line or building line except where such accessory equipment is installed in an accessory or main building. No accessory equipment serving the swimming pool shall be permitted in the required side yard between dwellings. Further pools shall not be located within any easement. (Ord. 1229, 7-27-2015; amd. Ord. 1448, 1-26-2026)

For the purposes of this chapter, the following words and phrases shall have the following meanings:

ACT: The Illinois smoke free act as set forth in 410 Illinois Compiled Statutes 82/1 et seq.

BAR: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than ten percent (10%) of its gross revenue from the sale of food consumed on the premises. "Bar" includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

DEPARTMENT: The Illinois department of public health.

EMPLOYEE: A person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity.

EMPLOYER: A person, business, partnership, association, or corporation, including a municipal corporation, trust, nonprofit or other entity, that employs the services of one or more individual persons.

ENCLOSED AREA: All space between a floor and a ceiling that is enclosed or partially enclosed with: a) solid walls or windows, exclusive of doorways, or b) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

ENCLOSED OR PARTIALLY ENCLOSED SPORTS ARENA: Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

GAMING EQUIPMENT OR SUPPLIES: Gaming equipment/supplies as defined in the Illinois gaming board rules of the Illinois administrative code.

GAMING FACILITY: An establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

HEALTHCARE FACILITY: An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. "Healthcare facility" includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities.

PLACE OF EMPLOYMENT: Any area under the control of a public or private employer that employees are required to enter, leave, or pass through during the course of employment, including, but not limited to, entrances and exits to places of employment, including a minimum distance of fifteen feet (15') from entrances, exits, windows that open, and v

Notwithstanding any other provision of this chapter, smoking is allowed in the following areas:

(A)   Private residences or dwelling places, except when used as a childcare, adult daycare, or healthcare facility or any other home based business open to the public.

(B)   Retail tobacco stores in operation prior to the effective date of the act shall annually file with the department by January 31 an affidavit stating the percentage of its gross income during the prior calendar year that was derived from the sale of loose tobacco, plants, or herbs and cigars, cigarettes, pipes, or other smoking devices for smoking tobacco and related smoking accessories. Any retail tobacco store that begins operation after the effective date of the act may only qualify for an exemption if located in a freestanding structure occupied solely by the business and smoke from the business does not migrate into an enclosed area where smoking is prohibited.

(C)   Private and semiprivate rooms in nursing homes and long term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed or to remain in a room where smoking is permitted and the smoke shall not infiltrate other areas of the nursing home.

(D)   Hotel and motel sleeping rooms that are rented to guests and are designated as smoking rooms, provided that all smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into nonsmoking rooms or other areas where smoking is prohibited. Not more than twenty five percent (25%) of the rooms rented to guests in a hotel or motel may be designated as rooms where smoking is allowed. The status of rooms as smoking or nonsmoking may not be changed, except to permanently add additional nonsmoking rooms. (Ord. 1177, 3-11-2013)

(A)   The minimum standard of care is as specified in the currently adopted International Property Maintenance Code shall be used as a guide during the inspection along with the specific items addressed in divisions (A) through (F) below. Compliance with the village standards as referenced elsewhere is required when corrections of violations, maintenance, repairs, reconstruction, or remodeling occurs.

(1)   Structural evaluation. The buildings or structures shall be structurally sound. Buildings shall also be generally free from defects that would normally be visible during an exterior inspection.

(2)   Sanitary conditions. The “sanitary condition” of public areas as well as private areas including restrooms, bathrooms, food preparation areas or kitchens shall be evaluated. Sanitary relates to environmental conditions related to health needs; free from filth or infective matter.

(3)   Functional use. Items or conditions that would prevent the building or structure from being used as designed; an indication of the overall design and use of the building.

(B)   Exterior structure.

(1)   Street numbers legible and visible. Code mandates four inch Arabic numbers or alphabet letters. Script is not permissible. Minimum standard is readily visible from curbside and be of a contrasting color from the structure they are attached to.

(2)   Structural members free from deterioration and capable of supporting loads; refers to load-bearing members, i.e. posts, beams, girders, headers and the like. Evidence of failure, deformation, and collapse are reason to not approve the member.

(3)   Foundation walls plumb and free from open cracks. Plumb means exactly vertical, capable of supporting the loads as designed. Open cracks are those that are cracks that have traveled through significant portions of the face of the foundation and if left un-repaired could allow water infiltration to the interior surfaces.

(4)   Exterior walls free from holes, rotted and or loose material. Obsolete hardware and fixtures removed. Openings that allow water or dampness to enter the structure must be repaired. Rotted materials are incapable of preventing moisture damage to interior elements. Obsolete or abandoned fixtures can deteriorate to a point that they may fall and cause injury or damage. Open holes may allow insects, vermin or rodents to enter the structure.

(5)   Exterior surfaces properly painted or secured to prevent deterioration. Proper seal coating of exterior surfaces prevent moisture damage as well as a pleasing aesthetic appearance to the property. Chipped and peeling painted surfaces are a contributing influence to a blighted condition in the community.

(6)   Roofs, flashings, downspouts and gutters properly maintained and in good repair. Drainage not to create a nuisance. The elements mentioned prevent damage to the structure from the effects of rain, ice and snow. Flashings need to be intact and correctly mounted to prevent damage from water. Comm

(A)   The Commercial, Industrial and Multi-Family Building Code of the village (hereinafter referred to as the “Building Code”) shall hereafter be identical with the provisions of the publication entitled “International Building Code, 2018 Edition”, except as amended below.

(B)   A mendments to Code . Additions, insertions, changes and deletions to sections of the Building Code are hereby revised as follows:

(1) Subsection 101.1 Title (Name of Jurisdiction. insert).

Insert: Village of Bellwood.

(2) Subsection 101.2 Scope, Exception ( add).

Add: ... as amended and adopted by the Village of Bellwood.

(3) Subsection 101.4.1 Gas (referenced codes delete subsection and insert).

Delete: Entire subsection.

Insert: All installations of gas piping from the point of delivery, gas appliances and related accessories shall conform to the current provisions of the Village of Bellwood Fuel Gas Code.

(4) Subsection 101.4.2 Mechanical (referenced codes, delete subsection and insert).

Delete: Entire subsection.

Insert: All installations, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems and other energy related systems shall be in accordance with the current provisions of the Village of Bellwood Mechanical Code.

(5) Subsection 101.4.3 Plumbing (referenced codes, delete subsection and insert).

Delete: Entire subsection.

Insert: The design, installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system, shall conform to the current provisions of the Illinois Plumbing Code - current edition.

(6) Subsection 101.4.4 Property Maintenance (referenced codes delete subsection and insert).

Delete: Entire subsection.

Insert: The maintenance of existing structures and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures shall conform to the current provisions of the Village of Bellwood Property Maintenance Code.

(7) Subsection 101.4.5 Fire Prevention (referenced codes, add to end of subsection).

Add: The current provisions of the Village of Bellwood Fire Prevention Code.

(8) Subsection 101.4.6 Energy (referenced codes delete subsection and insert).

Delete: Entire subsection.

Insert: The design and construction of buildings for energy efficiency shall conform to the current provisions of the Village of Bellwood Energy Conservation Code.

(9) Subsection 101.4.7 Existing buildings (referenced codes, delete subsection and insert formerly Section 3412).

Delete: Entire subsection.

Insert: Repair, alteration, change of occupancy, addition to and relocation of existing bui

(A)   The One- and Two-Family and Townhouse Dwelling Code of the village (hereinafter referred to as the ("Residential Building Code") shall hereafter be identical with the provisions of that publication entitled "International Residential Code, 2018 Edition" and which is incorporated herein by reference as if fully set forth, except as amended below.

(B) Amendments to Code. Additions, insertions, changes and deletions to sections of the residential Building Code are hereby revised as follows:

(1) Subsection R101.1 Title (Name, of Jurisdiction insert).

Insert: Village of Bellwood.

(2) Subsection R101.2 Scope (addition).

Add: Attached dwelling units shall be vertically separated by a U.L., listed three (3) hour rated fire resistive masonry wall assembly with an STC rating of not less than 50 with a separate means of egress.

(3) Subsection R101.4 Zoning (new subsection).

Add: Zoning - The restrictions of the Village Code Zoning regulations and all amendments thereto, shall not be deemed to be modified by any provision of this code; and such restrictions shall be controlling except insofar as this code imposes greater restrictions by reason of the type of construction used, in which case the provisions of this code shall control.

(4) Subsection R101.5 Legislative (new subsection).

Add: Legislative - If any section, subsection, sentence, clause or phrase of this ordinance is, or shall be for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The village board hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, it-respective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared invalid.

(5) Subsection R103.1 Department of Building Safety (Creation of Enforcement Agency).

Change: The Building and Zoning Department shall be charged with the enforcement of the residential building code, and the Building Commissioner shall be known as the Building Official.

(6) Subsection R105.2 Work Exempt from Permits (delete section).

Delete: Building Permit exemptions entire section.

(7) Subsection R105.5 Permit Expiration (delete).

Delete: Entire subsection.

Insert: Permit expiration shall be governed by the village code.

(8) Subsection R106.1 Construction Documents (Submittal Documents. add to ninth line).

Insert: Unless otherwise specified by the Building Commissioner, each application shall be accompanied by a minimum of four sets of drawings and specifications signed and sealed by an architect licensed to practice architecture as provided by the Illinois Architectural Act, or by a structural engineer licensed to practice structural engineering as provided by the Illinois Architectural Act, or by the owner of said proposed building when it is determined to be sufficient by the Building Commissioner. To obtain a permit, the owner or his representative shall file an applicati

(A)   The Property Maintenance Code of the village (hereinafter referred to as the "Property Maintenance Code") shall hereafter be identical with the provisions of that publication entitled the International Property Maintenance Code, 2018 edition, and which is incorporated herein by reference as if fully set forth, except as amended.

(B) Amendments to code . Additions, insertions, deletions and changes to sections of the Property Maintenance Code are hereby revised as follows:

(1) Subsection [A] 101.1 Title (insert).

Insert: The Village of Bellwood.

(2) Subsection [A] 103.1 Department of Property Maintenance Inspection (Department of Property Maintenance Inspection, General).

Delete: Entire subsection.

Insert: The Building and Zoning Department shall administer and enforce the property maintenance ordinance.

(3) Subsection [A] 104.1 General (Duties and Powers of The Code Official, General).

Add: The Building Commissioner shall be known as the Code Official.

(4) Subsection [A] 104.3 (Right of Entry).

Delete: Entire subsection.

Insert: In order to safeguard the safety, health and welfare of the public, the Code Official is authorized to attempt to obtain consent to enter at any reasonable time from any owner, occupant, or other person in charge of a dwelling, structure or property subject to this code for the purpose of making inspections and performing duties under this code. Such owner, occupant, or other person in charge shall be informed that entry by the Code Official is sought for the purpose of making an inspection and performing duties under this code. Failure to give consent to entry under this section shall not be punishable by fine or imprisonment.

(5) Subsection [A] 104.3.1 Search Warrant in Absence of Consent (Search Warrant In Absence Of Consent, new subsection).

Add: If the code official, after a reasonable attempt to obtain consent. does not receive consent to enter a dwelling, structure or property subject to the code as described in subsection 104.3. the Code Official may seek in the circuit court of Cook County, a search warrant pursuant to subsection 104.3.2 of this code. An owner, occupant or other person in charge of a dwelling, structure or property subject to the provisions of this code, who is presented with a search warrant obtained pursuant to this section, shall not refuse, impede, inhibit, interfere with, restrict, or obstruct entry and free access to any part of the structure or premises where an inspection authorized by the search warrant sought to be made.

(6) Subsection [A] 104.3.2 Procurement of Search Warrants (Procurement of Search Warrants, new subsection).

Add: A search warrant sought pursuant to subsection 104.3.1 shall be sought in the circuit court of Cook County. The court may consider any of the following factors along with such other matters as it deems pertinent in its decision as to whether a warrant shall be issued:

(1)   Eyewitness account of violation.

(2)   Citizen complaints.

(3)

(A)   Fees shall be as provided by duly adopted schedules. Fees will be set based upon the dollar value of the construction for which the permit is to be issued. The estimated cost of construction shall be determined by the Building Commissioner based on the following:

(1)   Commissioner may accept an estimate furnished to him or her as provided by the applicant;

(2)   Estimate of cost based upon published cost figures for like, projects in the immediate Chicago Metro area;

(3)   Certificate of cost from a licensed architect, registered structural engineer or other recognized registered design professional.

(B)   The Commissioner may require and accept a sworn affidavit from the owner or owner's agent. accompanied by a copy of the contract for the construction for which the permit is to be issued.

(C)   Any combination of the above. If divisions (A)(1), (A)(2), or (A)(3) above are used the method that establishes the cost as the least expensive shall apply. Fees to be charged shall be in accordance with the attached schedule.

(D)   A non-refundable $50 application and review fee shall be paid at the time of submittal of the application.

(E)   Third party review fees accrued as part of a proposed project shall be paid on a monthly basis when the project approval is expected to last more than 30 days.

(F)   Construction costs of $600 or less may be charged a permit fee of 10% of the cost of construction with a minimum permit fee of $25 at the Building Commissioner’s discretion.

(G) New construction.

(1) Accessory buildings for one-, two- and three-family dwellings.

(a)   Basic fee for first 1,000 square feet: $150;

(b)   Per each 100 square feet or fraction: additional $36;

(c)   Slabs, if poured separate: $50;

(d)   Plan review, bonds, licenses as applicable.

(2) One-, two- and three- family dwellings .

(a)   Basic fee for first 1,000 square feet: $312;

(b)   Per each 100 square feet or fraction: additional $56;

(c)   Plan review, bonds, licenses as applicable.

(3) Four-family and up, non-residential buildings and associated buildings.

(a)   Basic fee for first 1,000 square feet: $380;

(b)   Per each 100 square feet or fraction: additional $75.

(4) For buildings with fire detection and/or suppression systems .

(a)   Per 100 square feet or fraction thereof: plus $16;

(b)   Plan review, bonds, licenses as applicable.

(H) Alterations and additions.

(1) Accessory buildings.

(a)   Basic fee for first 500 square feet: $75;

(b)   Per each 100 square feet or fraction: additional $18;

(c)   Slabs, if poured separate: $50;

(d)   Plan review, bonds. licenses as applicable.

(2) One-, two-and three-family dwellings .

(a)   Basic fee for first 500 square feet: $165;

(b)   Per each 100 square feet or fraction: additional $36;

(c)   Slabs, if poured separate: $50;

(d)   Plan review, bonds, licenses as applicable.

(3) Four-family and up, non-residential buildings.

(a)   Basic fee for first 500 square feet: $190;

(b)   Per each

(A)   No building or structure shall be, used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Commissioner has issued a certificate of occupancy as provided for in the Building Code.

(B)   Certificates of occupancy will be issued for:

(1)   All new construction except for sheds, fences and similar accessory structures.

(2)   Additions to any commercial, industrial or dwelling unit or commercial.

(3)   Basement build-outs in any dwelling unit.

(4)   Commercial or industrial build-outs prior to issuance of a business license.

(5)   Certificate of occupancy inspections. Approval required by:

(a)   Bellwood Zoning Department;

(b)   Bellwood Building Department, including plumbing and electrical inspections;

(c)   Bellwood Fire Department.

(C)   Structure and form of the certificate of occupancy will be as per the Building Code adopted.

(Ord. 20-08, passed 3-18-20)

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ACCESSORY BUILDING OR USE. A building or use which is:

(1)   Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this chapter;

(2)   Clearly incidental to, subordinate in purpose to, and serving the principal use; and

(3)   Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers or visitors of or to the principal use.

ADULT BOOK STORE or ADULT FILM/VIDEO STORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines, films or videos for rental, sale or viewing on premises by use of motion picture devices or any other coin-operated means, other periodicals or written materials or merchandise, goods, or novelties designed for use or which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities," or "specified anatomical areas."

ADULT ENTERTAINMENT CABARET. A public or private establishment which is licensed to serve food and or alcoholic beverages, which features dancers, strippers, models or similar entertainers which are characterized by the exposure of "specified anatomical areas."

ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.

ADULT USES. Adult book stores and adult film/video stores, adult motion picture theaters, adult mini motion picture theaters and adult entertainment cabarets as defined in this section, or other similar establishments.

ADVERTISING DEVICE. Any advertising sign, billboard, statuary or poster panel which directs attention to a business, commodity, service, institution, entertainment or the like which may or may not be exclusively related to the premises where such sign is located or to which it is affixed.

ALLEY. A public or private right-of-way primarily designed to serve as a secondary access to the side or rear of those properties whose principal frontage is on a street.

AMENDMENT. Any addition to, deletion from, or change in this chapter, including text and/or map. See § 156.159 for amendment requirements and pr

(A) Continued conformity with bulk regulations. The maintenance of yards and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space or minimum lot area requirements for any other building.

(B) Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots and no portion of any improved zoning lot shall be sold, unless all zoning lots resulting from each such division or sale shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

(C) Location of required open space. All yards and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(D) Required yards; existing buildings. No yards, now or hereafter provided for a building existing on the effective date of this chapter, shall subsequently be reduced below, or further reduced if already less than, the minimum yard requirements of this chapter for equivalent new construction.

(E) Permitted obstructions in required yards. The following shall not be considered to be obstructions when located in the required yards specified:

(1) In all yards . Open terraces not over three feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings and canopies; steps four feet or less above grade which are necessary for access to a permitted building or for access to a zoning lot from a street or alley; chimneys projecting 24 inches or less into the yard; approved free-standing signs; arbors and trellises; flagpoles; window unit air conditioners projecting not more than 18 inches into the required yard; and fences or walls subject to applicable height restrictions of § 156.007 .

(2) In front yards . One-story bay windows projecting three feet or less into the yards; and overhanging eaves and gutters projecting three feet or less into the yard.

(3) In rear yards . Open off-street parking spaces; balconies; recreational and laundry drying equipment; outside elements of heating or central air conditioning systems, extending not more than four feet into the yard; breezeways and open porches; one- story bay windows projecting three feet or less into the yard; and overhanging eaves and gutters projecting three feet or less into the yard.

(4) In side yards . Overhanging eaves and gutters projecting 30 inches or less into the yard; open off-street parking spaces.

(F) Limitations on obstructions . Permitted obstructions and detached accessory structures shall not, in the aggregate, occupy more than 40% of any re

(A) Permitted uses.

(1)   Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions specified. Unless otherwise specifically set forth, wherever a permitted use is named as a major category in this subchapter, it shall be deemed to include all and only those itemized uses under the major category listed in the R1 District. No building or tract of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or tract of land shall be located, with the exception of the following.

(a)   Uses lawfully established on the effective date of this chapter.

(b)   Conditional uses, allowed in accordance with the provisions of division (B) of this section.

(2) Uses already established on the effective date of this chapter and rendered nonconforming by the provisions thereof shall be subject to the regulations of §§ 156.085 through 156.089 .

(B) Conditional uses. Conditional uses, as hereafter listed, may be allowed in the zoning districts indicated, subject to the issuance of conditional use permits in accordance with the provisions of § 156.160 . Unless otherwise specifically set forth, wherever a conditional use is named as a major category in this section, it shall be deemed to include all and only those itemized uses listed under the category in the R1 District.

(C) Lot size requirements. Lot size requirements shall be as specified under each zoning district in this subchapter. In addition, the following regulations shall be complied with:

(1)   No building shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such building is located.

(2)   No use shall be established or hereafter maintained on a lot recorded after the effective date of this chapter which is of less area or less width than prescribed hereinafter for such use in the zoning district in which it is to be located.

(D) Yard requirements and open space.

(1)   Yard requirements shall be as set forth under each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated and shall be unobstructed from the ground level to the sky, except as allowed in § 156.010 (E).

(2)   All accessory buildings which are attached to principal buildings (such as, attached garages) shall comply with the yard requirements of the principal building.

(3)   Front yards shall be as specified in each zoning district, except as may be established by the President and Board of Trustees and re-elected on the zoning district map.

(4)   In single-family residential developments containing eight or more units, the yard requirements may be waived in order to encourage innovative design and to provide for such housing types as the atrium or patio house. Such waiver may be obtained only by conditional use permit, as provided within each residential district.

(5)   Up

The R1 Single-Family Residence District is intended to provide for prime single-family areas and protect such areas from the encroachment of incompatible uses.

(A) Permitted uses. The following uses are permitted in the R1 District:

(1)   Single-family detached dwellings.

(2)   Educational institutions (non-boarding), as follows:

(a)   Elementary schools.

(b)   Junior and senior high schools.

(c)   State licensed day care centers.

(3)   Parks and playgrounds.

(4)   Religious institutions, as follows:

(a)   Churches, chapels, temples, and synagogues.

(b)   Rectories, parsonages, and parish houses.

(5)   Accessory uses and buildings, incidental to and on the same zoning lat as a principal use, as follows:

(a)   Garages and carports.

(b)   Greenhouses and conservatories, private (noncommercial).

(c)   Home occupations.

(d)   Storage of building materials and equipment for dwelling construction purposes for a period not to exceed the duration of such construction.

(e)   Swimming pools, private.

(f)   Tool houses, sheds and other similar buildings for the storage of domestic supplies.

(B) Conditional uses. The following conditional uses may be allowed in the R1 district, subject to the provisions of § 156.160 .

(1)   Cultural institutions, including:

(a)   Public libraries and public art galleries.

(b)   Public museums and aquariums.

(2)   Planned developments, residential; in accordance with § 156.160 .

(3)   Public utilities and service uses, and civic buildings as follows:

(a)   Fire stations.

(b)   Police stations.

(c)   Telephone exchange and telephone transmission equipment buildings.

(d)   Waterworks, reservoir, pumping station and filtration plant.

(e)   Other municipal buildings.

(4)   Recreational and social facilities, as follows:

(a)   Recreational buildings and community centers, noncommercial.

(b)   Swimming pools, noncommercial.

(c)   Tennis clubs and courts, noncommercial.

(5)   Waiver of yard requirements, in accordance with § 156.040 (D)(4).

(6)   Accessory uses and buildings incidental to and on the same zoning lot as a principal use.

(7)   State licensed day care centers.

(8)   Day care homes (defined as family homes which receive more than three up to a maximum of eight children for up to 12 hours per day), provided:

(a)   The operator appears before the Village Zoning Board for approval;

(b)   The home is licensed by the State of Illinois;

(c)   The operator maintains adequate liability insurance in the minimum amount of $100,000;

(d)   The home is in compliance with all codes and ordinances of the village, including Life Safety Code 101;

(e)   The home is accessible to the Fire Department and Building Department for a minimum of one inspection per year; and

(f)   The operator maintains a Village of Bellwood business license on an annual basis.

(9)   Dwellings occupied by a functional family.

(C) Lot size requirements.

(1) Permitted uses.

LOT SIZE REQUIREMENTS, PERMITTED USES - R1 DI

The R2 Two-Family Residence District is primarily designed to accommodate existing single- family attached developments and two-family dwellings.

(A) Permitted uses. The following uses are permitted in the R2 District:

(1)   Single-family detached dwellings.

(2)   Single-family attached dwellings.

(3)   Two-family dwellings.

(4)   Educational institutions.

(5)   Parks and playgrounds.

(6)   Religious institutions.

(7)   Accessory uses and buildings, incidental to and on the same zoning lot as a principal use.

(B) Conditional uses. The following conditional uses may be allowed in the R2 District, subject to the provisions of § 156.160 .

(1)   Cultural institutions.

(2)   Philanthropic and charitable institutions.

(3)   Planned developments, residential.

(4)   Public utility and service uses and civic buildings.

(5)   Recreational and social facilities.

(6)   Waiver of yard requirements, in accordance with § 156.040 (D)(4).

(7)   Accessory uses and buildings, incidental to and on the same zoning lot as a principal use.

(8)   State licensed day care centers.

(9)   Day care homes (defined as family homes which receive more than three up to a maximum of eight children for up to 12 hours per day), provided:

(a)   The operator appears before the Village Zoning Board for approval;

(b)   The home is licensed by the State of Illinois;

(c)   The operator maintains adequate liability insurance in the minimum amount of $100,000;

(d)   The home is in compliance with all codes and ordinances of the village, including Life Safety Code 101;

(e)   The home is accessible to the Fire Department and Building Department for a minimum of one inspection per year; and

(f)   The operator maintains a Village of Bellwood business license on an annual basis.

(10)   Dwellings occupied by a functional family.

(C) Lot size requirements.

(1) Permitted uses.

LOT SIZE REQUIREMENTS, PERMITTED USES - R2 DISTRICTS

(2) Conditional uses.

LOT SIZE REQUIREMENTS, CONDITIONAL USES - R2 DISTRICTS

(3) Accessory uses. Each accessory use may be established on the same lot as a principal use, provided that such lot meets the lot size requirements of the R2 District as provided in division (C)(1) and (2) of this section.

(D) Yard requirements.

(1) Permitted uses.

The R3 Limited General Residence District is intended to provide areas which are to be occupied substantially by single-family and two-family dwellings and attached dwellings. It is designed to maintain a low-density "owner-occupancy" flavor.

(A) Permitted uses. The following uses are permitted in the R3 District:

(1)   Single-family detached dwellings.

(2)   Single-family attached dwellings.

(3) Two-family dwellings.

(4)   Educational institutions.

(5)   Parks and playgrounds.

(6)   Religious institutions.

(7)   Accessory uses and buildings, incidental to and on the same zoning lot as a principal use.

(B) Conditional uses. The following conditional uses may be allowed in the R3 District, subject to the provisions of § 156.160 .

(1)   Convalescent and nursing homes.

(2)   Cultural institutions.

(3)   Day care centers.

(4)   Health and medical facilities.

(5)   Philanthropic and charitable institutions.

(6)   Planned developments, residential.

(7)   Public utility and service uses and civic buildings.

(8)   Recreational and social facilities.

(9)   Waiver of yard requirements, in accordance with § 156.040 (D)(4).

(10)   Accessory uses and buildings, incidental to and on the same zoning lot as a principal use.

(11)   Multiple-family dwellings.

(12)   State licensed day care centers.

(13)   Dwellings occupied by a functional family.

(C) Lot size requirements.

(1) Permitted uses.

LOTS SIZE REQUIREMENTS, PERMITTED USES - R3 DISTRICTS

(2) Conditional uses.

LOT SIZE REQUIREMENTS, CONDITIONAL USES - R3 DISTRICTS

(3) Accessory uses. Each accessory use may be established on the same lot as a principal use, provided such lot meets the lot size requirements of the R3 District.

(D) Yard requirements.

(1) Permitted uses.

YARD REQUIREMENTS, PERMITTED USES - R3 DISTRICTS

The R4 General Residence District is intended to protect and enhance the character and value of residential areas primarily occupied by varied dwelling types of moderate density (approximately 25 to 50 dwelling units per acre), and to accommodate areas planned for new residential development of moderate density.

(A) Permitted uses. The following uses are permitted in the R4 District:

(1)   Single-family detached dwellings.

(2)   Single-family attached dwellings.

(3)   Two-family dwellings.

(4)   Educational institutions.

(5)   Parks and playgrounds.

(6)   Religious institutions.

(7)   Accessory uses and buildings, incidental to and on the same zoning lot as a principal use.

(B) Conditional uses. The following conditional uses may be allowed in the R4 District, subject to the provisions of § 156.160 .

(1)   Convalescent and nursing homes.

(2)   Cultural institutions.

(3)   Day care centers.

(4)   Health and medical facilities.

(5)   Philanthropic and charitable institutions.

(6)   Planned developments, residential.

(7)   Public utility and service uses and civic buildings.

(8)   Recreational and social facilities.

(9)   Waiver of yard requirements, in accordance with § 156.040 (D)(4).

(10)   Building height in excess of 45 feet.

(11)   Residential density greater than 1,200 square feet of lot area per dwelling unit, but not to exceed 800 square feet per dwelling unit.

(12)   Multiple-family dwellings.

(13)   Accessory uses and buildings, incidental to and on the same zoning lot as a principal use.

(14)   Dwellings occupied by a functional family.

(C) Lot size requirements.

(1) Permitted uses.

LOT SIZE REQUIREMENTS, PERMITTED USES - R4 DISTRICTS

(2) Conditional uses.

LOT SIZE REQUIREMENTS, CONDITIONAL USES - R4 DISTRICTS

(3) Accessory uses. Each accessory use may be established on the same lot as a principal use, provided such lot meets the lot size requirements of the R4 District.

(D) Yard requirements.

(1) Permitted uses.

YARD REQUIREMENTS, PERMITTED USES - R4 DISTRICTS

(A) Permitted uses.

(1)   Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the condition specified. No buildings or zoning lots shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or zoning lot shall be located, with the exception of the following:

(a)   Uses lawfully established on the effective date of this chapter; and

(b)   Conditional uses allowed in accordance with the provisions of division (B) of this section.

(2) Uses already established on the effective date of this chapter, and rendered nonconforming by the provisions thereof, shall be subject to the regulations of §§ 156.085 through 156.089.

(B) Conditional uses. Conditional uses, as hereafter listed, may be allowed in the zoning districts indicated, subject to the issuance of conditional use permits in accordance with the provisions of § 156.160 .

(C) Lot size requirements. Lot size requirements shall be as set forth under each zoning district.

(1)   No use shall be established or hereafter maintained on a lot recorded after the effective date of this chapter which is of less area or less width than prescribed hereinafter for such use in the zoning district in which it is to be located.

(2)   No existing building or dwelling nit shall be converted so as to conflict with, or further conflict with, the lot size requirements of the district in which such building is located.

(D) Yard requirements and open space.

(1)   Yard requirements shall be as set forth under each zoning district in this subchapter for all buildings, structures and uses, except as may be established by the President and Board of Trustees and reflected on the zoning map.

(2) Fuel and food dispensing devices with a height of not over six feet shall be exempt from the established front yard or corner side yard requirements, but all such dispensing devices shall be set back from the front lot line and the corner side lot line a distance of not less than 15 feet.

(3)   All required yards shall be unobstructed from the ground level to the sky, except as allowed in § 156.010 (E). All accessory buildings when attached to principal buildings shall comply with the yard requirements of the principal buildings.

(E) Building height. The requirements established under each zoning district in this subchapter shall determine the maximum building height allowable for the building or buildings.

(F) Signs. Signs shall be allowed in business districts in accordance with the regulations established in §§ 156.200 through 156.219 .

(G) Off-street parking and loading. Off-street parking and loading facilities, accessory to uses allowed in business districts, shall be provided in accordance with the regulations established in §§ 156.110 through 156.112.

(H) Television, radio, and satellite antennas. Television, radio, and satellite antennas shall be allowed in business districts in accordance with the

(A) Purpose.

(1)   The Community Shopping District is primarily intended to provide convenience shopping for persons residing in adjacent residential areas, and to permit such uses as are necessary to satisfy those basic shopping needs which occur daily or infrequently and so require shopping facilities in relative proximity to places of residence.

(2)   Uses allowed in the B1 District are subject to the following conditions:

(a)   Dwelling units are not permitted below the second floor.

(b)   All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

(c)   All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(d)   Establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles are allowed by conditional use permit only.

(e) The parking of trucks as an accessory use, when used in the conduct of a permitted business listed hereafter in this section shall be limited to vehicles of not over 1 1/2 tons capacity when located within 75 feet of a residence district boundary line. Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall, fence or densely planted compact hedge, not less than five nor more than eight feet in height.

(f)   Restaurants where accessory uses for food and non-alcoholic beverages are consumed on the premises, but not within a completely enclosed building, to be allowed as a conditional use only.

(B) Permitted uses.

(1)   Dwelling units, above the ground floor.

(2)   Antique shops.

(3)   Art and school supply stores.

(4)   Art shops or galleries.

(5)   Automobile accessory stores.

(6)   Bakeries, retail.

(7)   Banks and financial institutions.

(8)   Barber shops.

(9)   Beauty shops.

(10)   Bicycle sales, rental and repair stores.

(11)   Blueprinting and photostating establishments.

(12)   Book and stationery stores.

(13)   Business machine sales and service.

(14)   Camera and photograph supply stores.

(15)   Candy and ice cream stores.

(16)   Carpet and rug stores, retail sales only.

(17)   China and glassware stores.

(18)   Clinics, medical and dental.

(19)   Coin and philatelic stores.

(20)   Dairy products sales.

(21)   Department stores.

(22)   Drug stores or pharmacies.

(23)   Dry cleaning establishments.

(24)   Dry goods stores.

(25)   Electrical and household appliance stores, including radio and television sales and repair.

(26)   Employment agencies.

(27)   Florist shops.

(28)   Food stores, grocery stores, meat markets and delicatessens.

(29)   Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use.

(30)   Furrier shops, including the incidental storage and conditioning of furs.

(31)   Gift shops.

(A) Purpose.

(1)   The B2 Commercial Service District is intended to accommodate those low-intensity service and light commercial uses that have located along urban arterials and are auto-oriented.

(2)   Uses allowed in the B2 District are subject to the following conditions:

(a)   Dwelling units and rooming units, other than those located in a hotel or motel or watchperson's quarters located on the premises where employed, are not permitted.

(b)   All business, servicing or processing shall be conducted within completely enclosed buildings, with the following exceptions: establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles, display of merchandise for sale to the public, and off-street parking and loading.

(c) The unenclosed parking of trucks as an accessory use shall be limited to vehicles of not over 1 1/2 tons capacity when located within 75 feet of a residence district boundary line. Any parking of trucks on land adjacent to residential property shall be screened therefrom by a wall, fence or densely planted compact hedge, not less than five nor more than eight feet in height.

(d)   Restaurants where accessory uses for food and nonalcoholic beverages are consumed on the premises, but not within a completely enclosed building, to be allowed as a conditional use only.

(B) Permitted uses.

(1)   Auction room.

(2)   Automobile service stations.

(3) Clubs and lodges, nonprofit and fraternal.

(4)   Drive-in establishments for uses permitted.

(5)   Electrical showrooms and shops.

(6)   Exterminating shops.

(7)   Fuel and ice sales.

(8)   Funeral homes.

(9)   Garages for storage, repair, and servicing of motor vehicles, including body repair, painting and engine rebuilding.

(10)   Feed and seed stores.

(11)   Greenhouses and nurseries.

(12)   Heating and air conditioning showrooms and shops.

(13)   Hotels and motels.

(14)   Laboratories; medical, dental, research and testing.

(15)   Medical and dental clinics and laboratories.

(16)   Pawn shops.

(17)   Physical culture and health services, gymnasiums, reducing salons.

(18)   Plumbing showrooms and shops.

(19)   Printing shops.

(20)   Recording or sound studios.

(21)   Schools, business or commercial.

(22)   Taxidermists.

(23) Accessory uses, incidental to and on the same zoning lot as a principal use.

(24)   Restaurants.

(C) Conditional uses. The following uses shall be allowed as conditional uses in the B2 District, subject to the provisions of § 156.160 :

(1)   Amusement establishments' including: bowling alleys, pool halls, dance halls, swimming pools, skating rinks and other similar indoor amusement facilities.

(2)   Animal hospitals and kennels.

(3)   Building material and products sales and storage.

(4)   Cartage and express facilities.

(5)   Car wash establishments.

(6)   Contractor or construction offices, shops and yards.

(7)   Day care centers.

(8)   Machinery sales.

(9)   Model home

(A) Purpose.

(1)   The I1 Restricted Industrial District is intended to provide an environment suitable for industrial activities that do not create appreciable nuisances or hazards, or that require a pleasant hazard and nuisance free environment.

(2)   Uses allowed in the I1 District are subject to the following conditions:

(a)   Dwelling units and lodging rooms other than watchperson's quarters, are not permitted.

(b)   All business, servicing, or processing, except for off-street parking and off-street loading shall be conducted within completely enclosed buildings, unless otherwise indicated hereinafter.

(c)   All storage, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet nor more than eight feet in height. No stored materials shall be visible above the fence.

(B) Permitted uses. The following uses are permitted in the I1 District:

(1)   Bakeries.

(2)   Banks.

(3)   Bedding manufacturing.

(4)   Boot and shoe manufacturing.

(5)   Carpet manufacturing.

(6)   Cloth products manufacturing.

(7)   Commercial truck parking lots.

(8)   Offices and shops of contractors, architects and engineers.

(9)   Living quarters for watchperson and their families, located on the premises where they are employed in such capacity.

(10)   Electronic and scientific precision instruments manufacturing.

(11)   Fur processing.

(12)   Laboratories; research and testing.

(13)   Laundries.

(14)   Light machinery production; appliance, business machines, and the like.

(15)   Lithographing.

(16)   Mail order houses.

(17)   Medical and dental clinics.

(18)   Musical instruments manufacture.

(19)   Offices, headquarters.

(20)   Orthopedic and medical appliance manufacture.

(21)   Parking lots, other than accessory, and subject to the provisions of §§ 156.110 et seq.

(22)   Pottery and ceramics manufacture.

(23)   Printing and publishing establishments.

(24)   Public utility and service uses.

(25)   Restaurants.

(26)   Rope, cord and twine manufacture.

(27)   Sporting goods manufacture.

(28)   Trade schools.

(29)   Warehousing, storage and distribution facilities.

(30)   Wearing apparel manufacture.

(31)   Accessory uses, incidental to and on the same lot as the principal use.

(C) Conditional uses. The following conditional uses may be allowed in the I1 District, subject to the provisions of § 156.160 .

(1)   Building material sales and storage.

(2)   Cartage and express facilities.

(3)   Equipment and storage yards for contractors, architects and engineers.

(4)   Cosmetics production.

(5)   Dairy products processing or manufacture.

(6)   Food manufacture, packaging and processing.

(7)   Glass products production.

(8)   Paper products manufacture.

(9)   Parks and playgrounds.

(10)   Planned developments, industrial.

(11)   Recreation buildings or community centers.

(12)

(A) Purpose.

(1)   The I2 General Industrial District is intended to accommodate those industrial activities which may produce moderate nuisances or hazards in areas that are relatively remote from residential and commercial development.

(2)   Uses allowed in the I2 District are subject to the following conditions:

(a)   Dwelling units and lodging rooms other than watchperson's quarters, are not permitted.

(b)   All business, servicing or processing, within 125 feet of residence or business district, shall be conducted within completely enclosed buildings.

(c)   All storage, within 125 feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than 6 feet nor more than 8 feet in height.

(B) Permitted uses. The following uses are permitted in the I2 District:

(1)   Any use permitted in the I1 District.

(2)   Bottling companies.

(3)   Building materials sales and storage.

(4)   Equipment and material storage yards for contractors, architects and engineers.

(5)   Cosmetics production.

(6)   Dairy products production.

(7)   Electroplating.

(8)   Glass products production.

(9)   Heavy machinery production.

(10)   Leather tanning or processing.

(11)   Linoleum manufacturing.

(12)   Machine shop.

(13)   Meat packing.

(14)   Metal reduction and refinement.

(15)   Paper products manufacture.

(16)   Plastics manufacture.

(17)   Soap manufacture.

(18)   Stone products manufacture.

(19)   Woodworking and wood products.

(20)   Accessory uses incidental to and on the same zoning lot as the principal sue.

(C) Conditional uses. The following conditional uses may be allowed in the I2 District, subject to the provisions of § 156.160:

(1)   Any use allowed as a conditional use in the I1 District unless already permitted in division (B) of this section.

(2)   Abrasives manufacture.

(3)   Asphalt products manufacture.

(4)   Automobile service stations.

(5)   Brick and structural clay products manufacture.

(6)   Car wash.

(7)   Chemical processing and manufacturing.

(8)   Concrete mixing plants.

(9)   Feed mills.

(10)   Food manufacture, packing and processing.

(11)   Foundries and forge plants.

(12)   Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding.

(13)   Grain storage and processing.

(14)   Graphite products manufacture.

(15)   Gypsum manufacture.

(16)   Insulating materials manufacture.

(17)   Metal stamping.

(18)   Paint products manufacture.

(19)   Petroleum products storage or processing.

(20)   Rubber processing or manufacture.

(21)   Steel manufacture.

(22)   Other manufacturing, processing or storage uses determined by the Plan Commission to be of the same general character as the uses permitted in division (B) of this section, and found not to be obnoxious, unhealthful or offensiv

Any lawfully existing building or structure which does not conform to the regulations of the district in which it is located may be continued, subject to the provisions of this subchapter.

(A) Repairs and alterations.

(1)   Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations which increase the bulk of the building or structure shall be made in or to a pre-ordinance building or structure, all or substantially all of which is designed or intended to accommodate a use not currently allowed in the district in which it is located, except those required by law or except to make the building or structure and the use thereof, conform to the regulations of the district in which it is located. For the purpose of this section, repairs shall include the replacement of storage tanks where the safety of operation of the installation requires such replacement, and other replacements of, or substitutions for, machinery or equipment not involving structural alterations to the building or structure, except as herein above provided.

(2)   Repairs, alterations and structural changes may be made to a nonconforming building or structure, all or substantially all of which is designed or intended for a use permitted in the district in which it is located, provided the repairs, alterations or structural changes conform to the regulations of the district in which the building or structure is located.

(B) Additions and enlargements. A building or structure which is nonconforming as to bulk, and is designed or intended for a permitted use, shall not be added to or enlarged in any manner unless such additions or enlargements thereto are made to conform to all of the regulations of the district in which it is located.

(C) Relocation of building or structure. No building or structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of such building or structure which is moved, and the use thereof, is made to conform to all of the regulations of the district in which it is to be located.

(D) Restoration of damaged building or structure designed or intended for a nonconforming use.

(1)   A nonconforming building or structure which is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence shall exceed 50% of the cost of the restoration of the entire building new, shall not be restored unless the building or structure, and the use thereof, shall conform to all of the regulations of the district in which it is located.

(2)   In the event such damage or destruction is less than 50% of the cost of restoration of the entire building new, no repairs or reconstruction shall be made unless such restoration is started within one year from the date of partial destruction and is completed within one year thereafter.

(3)   If the restoration is not started wi

(A) Scope of regulations. The off-street parking and loading provisions of this chapter shall apply as follows:

(1)   For all buildings and structures erected and all uses of land established after the effective date of this chapter, accessory parking and loading facilities shall be provided as required in this chapter. However, where a building permit has been issued prior to the effective date of this chapter and provided that construction is begun within 6 months of such effective date and diligently prosecuted to completion (completion to be accomplished within 18 months of the effective date of this chapter), parking and loading facilities in the amounts required for the issuance of the building permit may be provided in lieu of any different amounts required by this chapter.

(2)   When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use and for at least 50% of any existing deficiency in parking or loading facilities.

(3)   Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of this chapter.

(B) Existing parking and loading facilities. Accessory off-street parking and loading facilities in existence on the effective date of this chapter and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirements for a similar new building or use under the provisions of this chapter.

(C) Permissive parking and loading facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, and operation of such facilities are adhered to.

(D) Damage or destruction. For any conforming or legally nonconforming building or use which is in existence on the effective date of this chapter, which subsequently thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, re-established or repaired, off-street parking or loading facilities need not be provided except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in opera

(A) General requirements.

(1) Exemption . When the application of the off-street parking provisions specified in division (B) of this section results in a requirement of not more than three spaces on a single zoning lot in any business or industrial district, such parking spaces need not be provided; however, where two or more uses are located on a single zoning lot, only one of those uses shall be eligible for the above exemption.

(2) Location .

(a)   All parking spaces required to serve buildings or uses erected or established after the effective date of this chapter shall be located on the same zoning lot as the building or use served, except that parking spaces to serve business or industrial buildings or uses may be located within 200 feet of such use if the spaces are located in a business or industrial district.

(b)   Buildings or uses existing on the effective date of this chapter which are subsequently altered or enlarged so as to require the provision of parking spaces under this chapter may be served by parking facilities located on land other than the zoning lot on which the building or use served is located, provided such facilities are within 200 feet walking distance of a main entrance to the use served. Owners of property, nonconforming as to parking, who elect to provide parking and become conforming may locate such parking on land other than the zoning lot on which the building or use is located, as allowed in this section.

(c)   1.   Off-street parking spaces, open to the sky, may be located in any yard except the required front yard or corner side yard in a general residence or industrial district. In a single-family residence district not more than two passenger vehicles may be parked in the required front yard or corner side yard. Enclosed buildings and carports containing off-street parking shall be subject to applicable yard requirements. However, any parking spaces provided within the required front or corner side yard in a business district shall be set back at least eight feet from the property line.

2.    Notwithstanding the foregoing, off-street surface parking spaces may be located in the required front yard of a lot located in a general industrial district if all of the following conditions are satisfied: (i) the lot is no less than 12 acres; (ii) the lot shares a border with a railroad right-of- way; and (iii) the lot is wholly bound by railroad or general industrial district within the corporate limits of the village.

(3) Control of off-site parking facilities . In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such possession may be either by deed or long-term lease, the term of such lease to be determined by the Zoning Board of Appeals; and such deed or lease shall be filed with the

(A) General requirements.

(1) Location . All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths which abut a residence district or an intervening alley separating a residence district from a business or industrial district shall be completely screened therefrom by building walls, or by a uniformly painted solid noncombustible fence, wall or door, or densely- planted mature shrubbery or any combination thereof, not less than four feet in height. No permitted or required loading berth shall be located in a required front or side yard, and any loading berth located in a required rear yard may be open to the sky.

(2) Size . Unless otherwise specified, a required off-street loading berth shall be at least 12 feet in width by at least 30 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 15 feet.

(3) Access . Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the Zoning Administrator.

(4) Surfacing . All open off-street loading berths shall be surfaced with a dustless all-weather material capable of bearing a live load of 200 pounds per square foot.

(5) Repair and service .

(a) Residence districts . No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence district, except emergency repair service necessary to start vehicles.

(b) Business districts . No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in business districts except emergency repair service necessary to start vehicles.

(c) Industrial districts . No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in an industrial district is such loading facilities are within 200 feet of a residence district. Washing of accessory vehicles and emergency service required to start vehicles shall be permitted.

(6) Utilization . Space allocated to any off- street loading use shall not, while so allocated, be used to satisfy the space requirements for any off- street parking facilities or portions thereof.

(7) Central loading . Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled:

(a)   Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at-grade.

(b)   Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.)

(c)   No zoning lot served shall be more than 500 feet removed from the

(A)   It shall be unlawful for any person, firm or corporation to park any truck on any street within the village between the hours of 2:00 a.m. and 6:00 a.m.

(B)   It shall be unlawful for any person, firm or corporation to keep, park or store any truck within a residential zone, except as provided herein.

(C)   Any truck bearing a properly displayed and valid State of Illinois “A” license plate or “B” license plate may be parking on private property in a residential zone only under the following circumstances:

(1)   Within an enclosed building meeting all local building ordinance qualifications;

(2)   On any lot or parcel of property within a residential zone, in the rear of, and not closer than three feet to any building or structure, or to any lot or parcel lot line; or

(3)   In a side or front driveway of a lot or parcel of property within a residential zone, but not closer than three feet to any building or structure or any lot or parcel lot line, and further not closer than 15 feet to the nearest public sidewalk or street line, whichever is closer.

(D)   Further, any truck bearing a properly displayed and valid State of Illinois “A” license plate or “B” license plate may be parked on private property within a residential zone only upon the following conditions:

(1)   Said truck shall be so parked only on premises owned or rented by the truck owner.

(2)   Said truck while parked shall not be used for any dwelling, storage or accessory building use.

(3)   Unless within an enclosed garage, only one such truck may be parked on any lot or parcel.

(4)   All trucks so parked must be kept in a clean, safe and sanitary condition and shall be in operating condition, unless within an enclosed garage.

(E)   Any person, firm or corporation found guilty of violating any provision of this section shall be guilty of a misdemeanor and be punished a fine of not less than $25 and not more than $200 for each day of each offense.

(Ord. 80-1, passed 2-27-80)

(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

BAR. An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and that derives no more than 10% of its gross revenue from the sale of food consumed on the premises. BAR includes, but is not limited to, taverns, nightclubs, cocktail lounges, adult entertainment facilities, and cabarets.

EMPLOYEE. A person who is employed by an employer in consideration for direct or indirect monetary wages or profits or a person who volunteers his or her services for a nonprofit entity.

EMPLOYER. A person, business, partnership, association, or corporation, including a municipal corporation, trust or nonprofit entity, that employs the services of one or more individual persons.

ENCLOSED. All space between a floor and a ceiling that is enclosed or partially enclosed with (i) solid walls or windows, exclusive of doorways, or (ii) solid walls with partitions and no windows, exclusive of doorways, that extend from the floor to the ceiling, including, without limitation, lobbies and corridors.

ENCLOSED OR PARTIALLY ENCLOSED SPORTS ARENA. Any sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller rink, ice rink, bowling alley, or other similar place where members of the general public assemble to engage in physical exercise or participate in athletic competitions or recreational activities or to witness sports, cultural, recreational, or other events.

GAMING EQUIPMENT OR SUPPLIES. Gaming equipment/supplies as defined in the Illinois Gaming Board Rules of the Illinois Administrative Code.

GAMING FACILITY. An establishment utilized primarily for the purposes of gaming and where gaming equipment or supplies are operated for the purposes of accruing business revenue.

HEALTHCARE FACILITY. An office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals, weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. HEALTHCARE FACILITY includes all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within healthcare facilities.

PLACE OF EMPLOYMENT. Any area under the control of a public or private employer that employees are required to enter, leave or pass through during the course of employment, including, but not limited to entrances and exits to places of employment, including a minimum distance of 15 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; offices and work areas; restrooms; conference and classr

(A)   The following general conditions shall be imposed.

(1)   Any vehicle bearing a state recreational vehicle license plate shall obey all provisions of this chapter.

(2)   Any vehicle bearing a state recreational vehicle license plate shall be declared as such on the application for the village vehicle sticker.

(3)   On any recreational vehicle or boat trailer, state license plates and a village vehicle sticker shall be current and properly displayed.

(4)   No vehicle bearing a state recreational vehicle license plate shall at any time be used for commercial or private cargo purposes.

(5)   Property owners or residents shall have and display upon request of the Village Code Enforcement Officer proof of ownership of parked recreational vehicles or boat and snowmobile trailers.

(6)   Recreational vehicle and boat or snowmobile trailer parking shall be permitted only when the vehicle or trailer is owned by a resident of the village or a village property owner and then only upon the premises owned by such recreation vehicle or boat and snowmobile trailer owner.

(7)   Notwithstanding other provisions of this chapter, recreational vehicles and boat or snowmobile trailers may be parked in side yards or driveways for loading or unloading purposes for not more than 24 hours unless it is in an enclosed garage.

(B)   The following prohibitions are imposed.

(1)   Parked recreational vehicles or boat or snowmobile trailers shall not be occupied or used for living, sleeping or housekeeping purposes. Further, they shall not be used as a dwelling, storage or accessory building. One unit maximum per lot or property.

(2)   It shall be a public nuisance and against the peace, health and comfort of the village and the residents thereof for any person to park a recreational vehicle or boat or snowmobile trailer in an unsanitary condition or in an unsafe or dangerous condition, in visible disrepair or partial construction or in any manner which endangers the health or safety of any person.

(3)   Telescopic travel trailers, slide in truck campers and camping trailers shall be parked in their highway conditions which is folded and mounded.

(4)   Any recreational vehicle or boat or snowmobile trailer that is in inoperative condition, or is not properly licensed shall not be permitted on any property for more than 48 hours unless it is in an enclosed garage.

(5)   A recreational vehicle or a boat or snowmobile trailer shall be maintained in a mobile condition.

(6)   It shall be unlawful for any person to park or let stand any recreational vehicle on any street in the village at any time between the hours of 2:00 a.m. and 6:00 a.m. and not in excess of any 6-hour period at other times within any single 24-hour day.

(7)   It shall be unlawful for any person to park or let stand any recreational trailer on any street in the village at any time unless it is mounted on the towing vehicle.

(`95 Code, § 97.02) (Ord. 75-6, passed - - ) Penalty, see § 97.99

A-FRAME SIGN: A movable sign placed on the ground and constructed in the shape of an "A" or some variation thereof. Refer to figure 11-2-A, "A-Frame Sign", of this definition.

FIGURE 11-2-A A-FRAME SIGN

ACCESSIBILITY RAMP: An inclined structure that allows increased access to a building or structure.

ACCESSORY STRUCTURE: A structure located on the same lot as a principal structure, and that is subordinate in structure and use to the principal structure.

ACCESSORY USE: A use located on the same zoning lot as a principal use that is subordinate to the principal use.

ADDITION: Construction that increases the size of a building or structure in terms of height, length, depth, width, floor area, or impervious coverage.

ADJACENT: Property or a right-of-way that touches a lot line of the subject property or is separated by a public alley. Properties shall not be considered adjacent to one another if a street separates the properties.

ADMINISTRATIVE ADJUSTMENT: Authorization granted by the Zoning Administrator to allow development that deviates from the specific regulations of this title within a narrowly defined set of circumstances.

ADULT CABARET: An establishment that features any of the following: people who appear nude or seminude; live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of "specified anatomical areas" or the conduct or simulation of "specified sexual activities"; or films, motion pictures, videos, slides, computer displays, or other visual representations or recordings that emphasize "specified anatomical areas" or "specified sexual activities".

ADULT STORE: An establishment having a substantial or significant portion of its sales or stock in trade devoted to books, magazines, periodicals, other printed matter, instruments, novelties, devices, paraphernalia, films, motion pictures, videos, digital materials, or other visual representations that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas". This shall include any establishment with a segment or section devoted to the sale or display of such materials, or an establishment that publicly claims itself as a purveyor of such materials based upon its signage, advertising, displays, actual sales, presence of booths, or any other factors showing the establishment's primary purpose is to purvey such material.

ADULT THEATER: An establishment that, as a substantial or significant portion of its business, presents films, motion pictures, videos, digital materials, or other visual representations that are distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas".

ADULT USE: "Adult use" shall include "adult cabarets", "adult stores", "adult theaters", and other similar uses.

ADULT-USE CANNABIS CRAFT GROWER: A facili

A.   Purpose: The WPNOD White Pines Neighborhood Overlay District is established to accommodate development in the area bounded by 3rd Avenue and Jefferson Street to the north, Church Road to the east, the Fisher Woods Forest Preserve to the south, and Illinois Route 83 to the west.

B.   Expiration Of Standards: The standards set forth in this section shall expire on January 1, 2039.

C.   Permitted Uses: The following uses are permitted in the WPNOD White Pines Neighborhood Overlay District:

1.   Accessory Buildings, Structures And Uses:

a.   Defined: A detached accessory building is a building, which is not connected to a principal building or use by a party wall or by a linkage building. A detached accessory building shall be compatible with and subordinate in the floor area and size to the principal building. A detached accessory building shall be established at the same time or after the completion of a principal building. A detached accessory building shall include but not be limited to a detached garage, detached enclosed parking space, detached gazebo, detached pool houses, detached enclosed swimming pool, detached spa, detached shed, attached stable, detached tool shed, or a detached building similar to those buildings listed above which is not the principal building of the property. A breezeway shall be considered detached and part of the detached accessory building.

b.   Location: Except as otherwise provided a detached accessory building, structure or use shall not be located within the front, side, corner side, or rear yard setback of a zoning lot. A detached accessory building, structure, or use shall be located, erected, altered, or moved behind the front wall of the principal building which is nearest to the front lot line. When located entirely within the rear yard, a detached accessory building, structure, or use may observe the following location standards:

(1)   Within the rear yard of a reversed corner lot, a detached accessory building, structure or use, shall be located at least thirty feet (30') from the street lot line.

(2)   Within the rear yard of a corner lot, a detached accessory building, structure or use shall be located at least thirty feet (30') from the street line.

(3)   A detached accessory building, structure, or use shall be located three feet (3') or more from the rear property line even if it is not located entirely within the rear yard.

(4)   If a detached accessory building, structure, or use is located completely within the required rear yard of a lot, it shall be located three feet (3') or more from the interior side and rear lot lines.

(5)   On residential lots of twenty thousand (20,000) square feet or less, a detached accessory building, structure, or use must be located at least three feet (3') from the interior side lot line if it is located behind the front or rear wall of the principal structure.

c.   Height:

(1)   On residential zoning lots of less than forty thousand (40,000) square

A.   Applicability: A legal nonconforming lot of record is a lot of record that at one time conformed to applicable zoning regulations, but no longer conforms due to subsequent amendments to this title.

B.   Contiguous Nonconforming Lots Of Record: If two (2) or more contiguous lots of record are owned by a single party, or by related parties, and one or more of the lots does not meet the requirements for lot area or lot width as established by this title, then the lots of record shall be developed as a single entity. A building permit shall not be issued for the development of such contiguous lots of record in violation of this section.

C.   Individual Nonconforming Lots Of Record In Residential Districts: In the R-1, R-2, R-3, and R-4 Districts, a single- family dwelling unit and its accessory structures may be developed on a legal nonconforming lot of record provided that the owner of that lot of record, or a related party, does not own any lots of record that are contiguous to the subject lot of record and that the principal structure meets all of the bulk and yard requirements of the zoning district in which it is located. (Ord. 67-2018, 12-18-2018)

Table 10-6-10-1, "R-1 District Requirements", and figures 10-6-10-1, "R-1 District Requirements: Plan View", and 10-6-10-2, "R-1 District Requirements: 3-D View", of this section establish bulk and setback regulations for the R-1 District. See section 10-7-4, "Accessory Structures And Uses", of this title for provisions related to accessory structures.

TABLE 10-6-10-1 R-1 DISTRICT REQUIREMENTS

FIGURE 10-6-10-1 R-1 DISTRICT REQUIREMENTS: PLAN VIEW

FIGURE 10-6-10-2 R-1 DISTRICT REQUIREMENTS: 3-D VIEW

(Ord. 67-2018, 12-18-2018)

Table 10-6-11-1, "R-2 District Requirements", and figures 10-6-11-1, "R-2 District Requirements: Plan View", and 10-6-11-2, "R-2 District Requirements: 3-D View", of this section establish bulk and setback regulations for the R-2 District. See section 10-7-4, "Accessory Structures And Uses", of this title for provisions related to accessory structures.

TABLE 10-6-11-1 R-2 DISTRICT REQUIREMENTS

FIGURE 10-6-11-1 R-2 DISTRICT REQUIREMENTS:   PLAN VIEW

FIGURE 10-6-11-2 R-2 DISTRICT REQUIREMENTS: 3-D VIEW

(Ord. 67-2018, 12-18-2018)

Table 10-6-12-1, "R-3 District Requirements", and figures 10-6-12-1, "R-3 District Requirements: Plan View", and 10-6-12-2, "R-3 District Requirements: 3-D View", of this section establish bulk and setback regulations for the R-3 District. See section 10-7-4, "Accessory Structures And Uses", of this title for provisions related to accessory structures.

TABLE 10-6-12-1 R-3 DISTRICT REQUIREMENTS

FIGURE 10-6-12-1 R-3 DISTRICT REQUIREMENTS:   PLAN VIEW

FIGURE 10-6-12-2 R-3 DISTRICT REQUIREMENTS: 3-D VIEW

(Ord. 67-2018, 12-18-2018)

Table 10-6-13-1, "R-4 District Requirements", and figures 10-6-13-1, "R-4 District Requirements: Plan View", and 10-6-13-2, "R-4 District Requirements: 3-D View", of this section establish bulk and setback regulations for the R-4 District. See section 10-7-4, "Accessory Structures And Uses", of this title for provisions related to accessory structures.

TABLE 10-6-13-1 R-4 DISTRICT REQUIREMENTS

FIGURE 10-6-13-1 R-4 DISTRICT REQUIREMENTS:   PLAN VIEW

FIGURE 10-6-13-2 R-4 DISTRICT REQUIREMENTS: 3-D VIEW

(Ord. 67-2018, 12-18-2018)

Table 10-6-14-1, "R-5 District Requirements", and figures 10-6-14-1, "R-5 District Requirements: Plan View", and 10-6-14-2, "R-5 District Requirements: 3-D View", of this section establish bulk and setback regulations for the R-5 District. See section 10-7-4, "Accessory Structures And Uses", of this title for provisions related to accessory structures.

TABLE 10-6-14-1 R-5 DISTRICT REQUIREMENTS

FIGURE 10-6-14-1 R-5 DISTRICT REQUIREMENTS:   PLAN VIEW

FIGURE 10-6-14-2 R-5 DISTRICT REQUIREMENTS: 3-D VIEW

(Ord. 67-2018, 12-18-2018)

Table 10-6-15-1, "R-6 District Requirements", and figures 10-6-15-1, "R-6 District Requirements: Plan View", and 10-6-15-2, "R-6 District Requirements: 3-D View", of this section establish bulk and setback regulations for the R-6 District. See section 10-7-4, "Accessory Structures And Uses", of this title for provisions related to accessory structures.

TABLE 10-6-15-1 R-6 DISTRICT REQUIREMENTS

FIGURE 10-6-15-1 R-6 DISTRICT REQUIREMENTS:   PLAN VIEW

FIGURE 10-6-15-2 R-6 DISTRICT REQUIREMENTS: 3-D VIEW

(Ord. 67-2018, 12-18-2018)

A.   Number Of Buildings On A Lot: No more than one principal building may be located on a lot used for a single-unit or two- unit dwelling. For other uses, more than one principal building may be located on a lot provided that each building complies with the applicable requirements of this chapter as though it were an individual principal building on a lot.

B.   Applicability Of Regulations:

1.   Applicability Of Use Regulations: No building, structure, or land shall be used for any use other than a use allowed as either a permitted or special use in the zoning district in which such building, structure, or land is located. Buildings, structures, or land may also be used for an accessory use or a temporary use in accordance with the requirements of sections 10-7-4, "Accessory Structures And Uses", and 10-7-5, "Temporary Structures And Uses", of this title.

2.   Applicability Of Lot And Setback Regulations: No lot or setback shall be reduced in dimension or area below the minimum requirements of this title. Lots or setbacks created after the effective date of this title shall meet the minimum requirements for the zoning district in which the structure is located. All setbacks allocated to a building shall be located on the same zoning lot as such building.

3.   Applicability Of Bulk And Height Regulations: All buildings and structures erected after the effective date of this title shall meet the bulk and height requirements for the zoning district in which the structure is located. No existing structure shall be enlarged, altered, reconstructed, or relocated in such a manner that conflicts with the requirements of the zoning district in which the structure is located.

C.   Visibility Obstruction: Nothing shall be erected, placed, or allowed to grow in a manner that will create a visibility obstruction for motorists, bicyclists, or pedestrians. No building, structure, sign, or landscape element shall obstruct the area between 2.5 feet and eight feet (8') in height within the sight triangle area. The sight triangle area is measured along thirty feet (30') of curb line, or edge of pavement where no curbs are present, from the point where two (2) or more streets intersect or where a street intersects railroad tracks (see figure 10-6-6-1, "Visibility Obstruction", of this subsection).

FIGURE 10-6-6-1 VISIBILITY OBSTRUCTION

(Ord. 67-2018, 12-18-2018)

The following standards apply to uses as designated in the use standards column of subsection 10-7-2A, table 10-7-2-1, "Use Table", of this chapter.

A.   Adult Use:

1.   Minimum Spacing: An adult use shall not be located within two thousand feet (2,000') of any Residential Zoning District, day care center, elementary school, middle school, high school, park, place of worship, another adult use, or any use where large numbers of minors regularly travel or congregate.

2.   Off-Site Observation: An adult use shall be conducted in a manner that does not permit the observation of material relating to specified sexual activities or specified anatomical areas from any right-of-way or adjacent property.

B.   Adult-Use Cannabis Business Establishment:

1.   Compliance With State Regulations. Adult-Use Cannabis Business Establishments must comply with all applicable rules and regulations enacted by the State of Illinois, including licensing and registration requirements. When such state regulations are amended, such regulations control over this section.

2.   Minimum Spacing: An adult use-cannabis business establishment shall not be located within five hundred feet (500') of any day care center, elementary school, middle school, high school, park, or any use where large numbers of minors regularly travel or congregate. An adult-use cannabis business establishment shall not be located within one thousand five hundred feet (1,500') of another adult-use cannabis business establishment.

3.   Hours Of Operation. The hours of operation of the establishment shall be limited to between 8:00 AM and 10:00 PM.

4.   Location Of Transactions. All transactions shall occur entirely inside the facility. No transactions may be permitted through an exterior walk-up window or drive through facility.

5.   Security. The site design shall incorporate adequate security measures, such as exterior lighting, surveillance cameras, and/or fencing.

6.   On-Site Consumption. The on-site consumption of cannabis in all its forms is strictly prohibited.

C.   Animal Boarding, Hospital, Or Shelter:

1.   Location: Animal boarding, hospitals, and shelters are not allowed directly adjacent to any residential use with the exception of facilities that are entirely enclosed.

2.   Outdoor Boarding: Two (2) outdoor dog runs per establishment are allowed. All outdoor animal boarding facilities shall be located in the interior side and/or rear yard and shall be enclosed with a fence that is a minimum height of six feet (6').

3.   Noise: Noise shall be managed so as not to create a public nuisance for surrounding properties in compliance with subsection 10-7-6A, "Noise", of this chapter and all other local noise regulations.

D.   Car Wash:

1.   Stacking Spaces: Stacking spaces associated with a car wash must comply with the requirements of section 10-8-9, "Vehicular Stacking Requirements", of this title.

2.   Screening: The street frontage adjacent to any outdoor car wash area shall be

Accessory structures and uses shall be subject to the requirements of this section.

A.   General Provisions For Accessory Structures: Accessory structures shall be subject to the following standards, unless otherwise established by this title.

1.   Construction Phasing: No accessory structure shall be constructed prior to the construction of the principal building to which it is accessory.

2.   Location: Accessory structures may be located in the front, corner side, interior side, and rear yards, unless otherwise specifically prohibited by this title. Accessory structures shall not be allowed in any easement.

3.   Setback: Accessory structures shall be located a minimum of three feet (3') from any interior lot line or rear lot line, except fences and walls.

4.   Height: The maximum height of an accessory structure shall be twelve feet (12'), unless otherwise specifically permitted in this title.

B.   Accessory Structures Table: Table 10-7-4-1, "Accessory Structures", of this subsection includes common accessory structures that may be located in each zoning district within the Village. For accessory structures not listed, the Zoning Administrator will review a proposed accessory structure and determine if it is similar to those listed and therefore subject to the applicable standards.

1.   Permitted ("P"): A "P" indicates that the accessory structure does not require a building permit and is allowed by-right within the designated zoning district provided that it meets all applicable standards set forth in subsection C, "Use Standards For Accessory Structures", of this section.

2.   Permitted With Building Permit ("B"): A "B" indicates that the accessory structure requires the approval of a building permit in accordance with title 9, "Building Regulations", of this Code and shall meet the use standards set forth in subsection C, "Use Standards For Accessory Structures", of this section in order to be allowed within the designated zoning district.

3.   No Designation: The absence of a letter (a blank space) indicates that the structure is not allowed within the designated zoning district.

TABLE 10-7-4-1 ACCESSORY STRUCTURES

A.   General Requirements: Off-street parking spaces shall be provided in accordance with the following standards.

1.   Availability Of Spaces: All parking spaces approved as part of the issuance of an occupancy permit shall be made available to the residents, customers, employees, guests, and/or other users of the principal use. Spaces shall not be utilized for motor vehicle repair, service, or sale, or for long-term storage or display of vehicles, materials, or goods.

2.   Accessible Parking:

a.   State Requirements: Accessible parking spaces shall be designed and provided as required by the Illinois Accessibility Code and all additional applicable laws.

b.   Applicability: Accessible parking shall be provided for all off-street parking lots that provide parking for employees and/or visitors with the exception of single-unit and two-unit dwellings.

c.   Minimum Parking Requirements: The number of accessible parking spaces may be counted toward the total number of off-street parking spaces required.

3.   Off-Premises Parking Facilities: Parking facilities for uses other than single-unit, two-unit, and townhouse dwellings may be provided off-premises with prior written approval by the Zoning Administrator provided that the following conditions are met:

a.   Residential Uses: Any off-premises parking facility for a multi-dwelling unit must be located within four hundred feet (400'), along a pedestrian route, of the nearest principal entrance of the building for which the parking facilities are required.

b.   Non-Residential Uses: Any off-premises parking facility for a non-residential use must be located within eight hundred feet (800'), along a pedestrian route, of the nearest principal entrance of the building for which the parking facilities are required.

c.   Off-Premises Facility Agreement: A written agreement for off- premises parking facilities shall be executed between the landowner and the lessee in a format satisfactory to the Village Attorney and shall be recorded in the Office of the Recorder of Deeds of Cook or DuPage County, as applicable. The agreement shall guarantee the lessee access to and use of the parking facility and ensure that off-street parking spaces will be provided for the uses served for as long as such uses are in operation.

4.   Tandem Parking: Tandem parking may be granted by the Zoning Administrator through an application for site plan review (see section 10-3-2, "Site Plan Review", of this title). Tandem parking is permitted for residential uses only and both parking spaces must be allotted to the same dwelling unit and located on the same lot as the dwelling unit.

5.   Commercial Vehicles In Residential Districts: The following vehicles shall not be parked in a Residential Zoning District unless the vehicle is parked in an enclosed garage, or is in use for deliveries, repairs, construction, maintenance, loading, or unloading: taxicabs, limousines, buses, tow trucks, semi-truck trailers, box trucks, con

Unless a provision explicitly states otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated.

ACT or THE ACT or CLEAN WATER ACT or FEDERAL ACT: Means the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq.

ACTION LEVEL: Means the concentration based numeric value that the grease interceptor effluent, at the device's outlet tee and prior to mixing with any other wastewater from the contributing establishment's property, that the FSE is expected to achieve on a consistent or stipulated basis. The Action Level is 200 mg/l.

AMALGAM PROCESS WASTEWATER: Means any wastewater generated and discharged by a dental discharger through the practice of dentistry that may contain dental amalgam.

AMALGAM SEPARATOR: Means a collection device designed to capture and remove dental amalgam from the amalgam process wastewater of a dental facility.

AGENCY: Means the Illinois Environmental Protection Agency.

APPROVAL AUTHORITY: Means the Regional Administrator of Region V of USEPA, until such time that the State of Illinois has a USEPA approved pretreatment program.

AUTHORIZED REPRESENTATIVE OF THE USER: Means

1.   If the user is a corporation:

a.   By a responsible corporate officer - the president, secretary, treasurer, or a vice-president of the corporation in charge of a principal business function, or any other Person who performs similar policy or decision-making functions for the corporation; or

b.   The manager of one or more manufacturing, production, or operation facilities provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for individual wastewater permit (or general permit) requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2.   If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively.

3.   If the user is a limited liability company (LLC): any managing member of the company.

4.   If the user is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee.

5.   The individuals described in paragraphs 1 through 4, above, may designate a duly authorized representative, if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originate

For the purpose of this chapter, the following words and phrases shall have the meaning given to them in this section. Whenever the words "dwelling", "dwelling unit", "housekeeping unit", "rooming house", "rooming unit", or "premises" are used in this code, they shall be construed as though they were followed by the words "or any part thereof".

BASEMENT: That portion of a structure which is partly or completely below grade.

DWELLING: A building or portion thereof designed or used as a residence, including model homes but excluding boarding or lodging houses, nursing homes, motels, hotels, tourist homes, tents and recreational vehicles.

DWELLING, MULTI-FAMILY: A building consisting of two (2) or more dwelling units.

DWELLING, SINGLE-FAMILY: A single dwelling unit and accessory uses thereto.

DWELLING, SINGLE-FAMILY ATTACHED: A single-family dwelling attached to one or more single-family dwellings by one or more party walls with each dwelling located on a separate subdivided lot.

DWELLING, SINGLE-FAMILY DETACHED: A single-family dwelling separated from other dwelling units by open space.

DWELLING, TOWNHOUSE: A dwelling unit that is attached to one or more other dwelling units on the same lot and has an individual private ground level entrance to the outside, and no portion of which is located above or below any other premises or portion thereof.

DWELLING, TWO-FAMILY: A building consisting of only two (2) dwelling units.

DWELLING UNIT: A single unit providing complete, independent living facilities for one or more person, including permanent provisions for living, sleeping, eating, cooking and sanitation.

EXTERMINATION: The control and elimination of insects, rodents or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping or by any other recognized and legal pest elimination methods approved by the health department.

FLOOR AREA, DWELLING UNIT: The area inside the exterior or fire walls of a building, exclusive of vent shafts, courts and public places.

FLOOR AREA, ROOM: The next area within the finished walls of a room.

HABITABLE ROOM: A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyer or communicating corridors, closets, storage spaces or bomb shelters.

HOUSEKEEPING UNIT: A room or group of rooms forming a single habitable unit equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such unit, a toilet, lavatory and bathtub or shower.

LANDLORD: An owner, agent of an owner or other person who rents or leases a dwelling, dwelling unit, housekeeping unit or rooming unit to a tenant under a rental agreement.

OCCUPANT: Any person living, sleeping, cooking or eating in, or having actual possession of, a dwelling unit, housekeeping unit or rooming

100   Chapter 1 - ADMINISTRATION

R101.1   Revise as follows:

"These provisions shall be known as the Residential Code for One- and Two-Family Dwellings of the Village of Bensenville, shall be cited as such and will be referred to herein as 'this code.'"

R102.4.1   Revise the last sentence as follows:

"Where conflicts occur between provisions of this code and referenced codes and standards, the most restrictive provisions shall apply.

R102.4.3   Add new Section R102.4.3 as follows:

"Zoning. The restrictions of the Zoning Ordinance of the Village of Bensenville and all amendments thereto, shall not be deemed to be modified by any provisions of this Code; and such restrictions shall be controlling except insofar as this Code imposes greater restrictions by reason of the type of construction used, in which case the provisions of this code shall control."

R105.2   Revise as follows:

Building:

1.   One-story detached accessory structures provided… Delete in its entirety.

2.   Fences not over 7 feet high. Delete in its entirety.

4.   Water tanks supported directly upon grade… Delete in its entirety.

5.   Sidewalks and driveways. Delete in its entirety.

10.   Decks not exceeding 200 square feet in area, which are… Delete in its entirety.

Electrical:

3.   Replacement of branch circuit overcurrent devices… Delete in its entirety.

4.   Electrical wiring, devices, appliances, apparatus or equipment… Delete in its entirety.

Mechanical:

4.   Steam, hot- or chilled-water piping within any heating or… Delete in its entirety.

R106.2.1   Add new Section R106.2.1 as follows:

"Spot survey. It shall be the responsibility of the applicant to submit to the Department of Community Development a spot survey prepared by a Illinois Registered Land Surveyor after the foundation is constructed indicating the placement or setback of the structure in relation to all lot lines. This survey must be at a scale of not less than one inch equal to thirty feet (1" = 30'-0"). The survey must also indicate the elevation above sea level of the top of foundation wall(s) and the top of the curb and sidewalk at lot lines extended relative to a United States Geological Survey benchmark. No construction will be allowed to proceed except for decking, underground water and sewer and related items until the spot survey is approved by the Building Division of the Department of Community Development. This Section applies to principal structures only and not to accessory structures."

Section R112 delete the text in its entirety and see section 113 of the International Building Code

300   Chapter 3 - BUILDING PLANNING

Table   R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

R301.2(1)   Add the following beneath the respective column headings:

Ground Snow Load: "30 pounds per sq.ft."

Wind Speed: "115 miles per hour"

Seismic Design Category: "A"

Damage From Weathering: "Severe"

Frost Line Depth: "42 inches"

Damage From Termites: "Moderate to heavy"

Damage From Dec

100   Chapter 1 - ADMINISTRATION

101.1   Revise as follows:

"These regulations shall be known as the Building Code of the Village of Bensenville , hereinafter referred to as 'this code.'"

101.4.3   Revise as follows:

"The provisions of the 2014 Illinois Plumbing Code as adopted and amended by the Village of Bensenville , shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances and were connected to a water or sewage system and all aspects of a medical gas system. The provisions of the International Private Sewage Disposal Code shall apply to private sewage disposal systems. References to the International Plumbing Code within this or any other code adopted by the Village of Bensenville, shall be deleted, and the words, "2014 Illinois Plumbing Code, as adopted and amended herein" shall be added in its place. "

101.4.8   Add new Section 101.4.8 as follows:

Zoning. The restrictions of the Zoning Ordinance of the Village of Bensenville and all amendments thereto, shall not be deemed to be modified by any provisions of this Code; and such restrictions shall be controlling except insofar as this Code imposes greater restrictions by reason of the type of construction used, in which case the provisions of this code shall control."

102.4.1   Revise the last sentence as follows:

"Where conflicts occur between provisions of this code and referenced codes and standards, the most restrictive provisions shall apply.

107.2.6   Add the following to the section:

"It shall be the responsibility of the applicant to submit to the Department of Community & Economic Development a spot survey prepared by an Illinois Registered Land Surveyor after the foundation is constructed indicating the placement or setback of the structure in relation to all lot lines. This survey must be at a scale of not less than one inch equal to thirty feet (1" = 30'-0"). The survey must also indicate the elevation above sea level of the top of foundation wall(s) and the top of the curb and sidewalk at lot lines extended relative to a United States Geological Survey benchmark. No construction will be allowed to proceed except for decking, underground water and sewer and related items until the spot survey is approved by the Building Division of the Department of Community Development. This Section applies to principal structures only and not to accessory structures."

113 Means of Appeal Delete all text and insert the following:

All initial appeals by a Contractor, Design Professional or homeowner about the proper application of a code related item shall be to the Building Official.

T he Building Code Official has a maximum of 10 days to respond.

If the appellant does not agree with the Building Code Official the appellant may appeal to the Village Manager. The Village Manager has 10 days to respond.

If the appellant does not agree with the Village Manager, the appellant m

The existing building code adopted in section 10-12-1-1 of this chapter is amended as follows:

Chapter 1 Amendments:

Section 101.1 is amended to read as follows:

These regulations shall be known as the existing building code of the Village of Berkeley, hereinafter referred to as "this code".

Section 101.1.1 is added to read as follows:

1)   The additions, insertions, deletions, and changes set out in this section are hereby made to the ICC International Existing Building Code/2024 adopted in section 10-12-1-1.

2)   Any reference in the existing building code to the "code official" shall mean the Building Commissioner or Village Manager of building and code enforcement of the Village.

3)   Any reference in the existing building code to the "name of jurisdiction" shall mean the Village.

4)   Any reference in the existing building code to the "chief appointing authority" shall mean the Building Commissioner or the Village Manager, as prescribed by ordinance.

5)   Any reference in the existing building code to the "department of inspection" shall mean the department of building and code enforcement of the Village.

6)   Any reference in the existing building code to the date or time at which the provisions of such code became applicable shall mean the adopted date of the Ordinance # 25-52.

Section 101.4 is amended to read as follows:

Applicability. Structures existing prior to October 1, 1997, in which there is work involving additions, alterations, or changes of occupancy, shall be made to conform to the requirements of this section or the provisions of section 101.4.1 through 101.6. The provisions in sections 101.4 through 101.6. shall apply to existing occupancies that will continue to be, or are proposed to be, in groups A, B, E, F, M, R, S, and U. These provisions shall not apply to buildings with occupancies in group H or I.

Note: Congruent with current building code.

Section 101.4.1.2 is added to read as follows:

Further compliance. Section 301.1, 501.1.1, 601.1, 701.2, 801.1, 901.1., 1001.1., 1101.1. and 1301.1.1. Required installation of smoke alarms and sprinkler systems. When the cost of proposed construction is at least 25 percent of the value of the building, smoke alarms shall be installed in accordance with Section 1103.7.7. However, if the cost of proposed construction exceeds 50 percent of the value of the building, sprinklers shall be installed in accordance with Section 1103.5.5. The value of the building or structure (excluding land) shall be established by the Cook County tax assessment records for the year prior to the initial remodeling or reconstruction. Owners of tax-exempt properties shall produce documentation verifying the building's valuation, which will be subject to the review and approval of the building code official. Compliance with this section is mandatory once either of the aforementioned conditions is met despite any efforts to comply with other sections of this chapter and should not be construed t

The building code adopted in section 10-2-1-1 of this chapter is amended as follows:

Chapter 1 Amendments:

Section 101.1 is amended to read as follows:

These regulations shall be known as the building code of the village of Berkeley, hereinafter referred to as "this code".

105.2 is amended to read as follows:

Section R105.2 Work exempt from permit is amended to read as follows:

IRC R105.2 Building (1) Work exempt from permit: One-story detached accessory structures which are accessory to residential buildings and constructed under the provisions of the IRC used as tool and storage sheds, tree supported play structures, playhouse and similar uses, provided the floor area does not exceed 200 square feet and the structure is in accordance with the village of Berkeley zoning regulations12-9-3 requirements and restrictions. Two hundred square feet in congruent with the zoning code.

Section R105.2 (2) is amended by adding:

IRC R105.2 (2) Work exempt from permit: Fences 45 inches or less in height and in accordance with the Village of Berkeley zoning code regulations Chapter 10 fences sections 12-10-1 thru12-10-12.

Section 105.2 (5) is deleted.

Section R105.2 (7) is amended by adding:

R105.2 Building (7): Swimming pools entirely above or below ground accessory to a one- and two-family dwelling or Group R-3 occupancy as referenced in the Village of Berkeley code 10-14-2, which are less than:

(1)   A round pool has a depth not greater than one foot and a diameter greater than six feet.

(2)     An oblong or square pool which has a depth not greater than one foot and a perimeter greater than 20 feet.

Section R105.2 (10) is amended by adding:

Section 105.2 (11) is deleted.

R105.2 Building (10) Decks and associated platforms and steps accessory to buildings, which are 12 inches (762 mm) or less above adjacent grade and which are not over any basement or story below and which are not part of an accessible route.

Section 105.5.1 is added to read as follows:

Unless a sooner expiration date is provided on the permit by the building official, the permit shall expire one (1) year after its date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 90 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 105.5.2 is added to read as follows:

Permit Term For Demolition. A permit issued for the demolition of any building or structure shall be for a term not to exceed 30 days, and all permitted demolition shall be completed within the time limit of the permit. The building official is authorized to grant, in writing, one or more extensions of time, for periods not more than 30 days each. The extension shall be requested in writing and justifiable cause demonstrated.

Section 107.2.6 is amended to read as follows:

A current plat of survey prepared by an Illinois-registered land surveyor, showing the property and all existing impro

The regulations of the 2024 edition of the international residential code, with appendices CE, CF, CA, CB, CC, BE, BF,BO, as recommended and published by the International Code Council, Inc., published in pamphlet form, are adopted as the residential code of the village governing the construction, alteration, movement, enlargement, replacement, repair, equipment, location, removal, and demolition of detached one- and two-family dwellings and attached single-family dwellings and accessory structures, with such amendments as are set forth in section 10-3-2 of this chapter.

(2016 Code; amd. Ord. 25-52, 9-16-2025)

The residential code adopted in section 10-3-1 of this chapter is amended as follows:

Section R101.1 is amended to read as follows:

These provisions shall be known as the residential code for one- and two- family dwellings of the village of Berkeley, and shall be cited as such and will be referred to herein as "this code".

Section R105.2 Work exempt from permit is amended to read as follows:

IRC R105.2 Building (1) Work exempt from permit: One-story detached accessory structures which are accessory to residential buildings and constructed under the provisions of the IRC used as tool and storage sheds, tree supported play structures, playhouse and similar uses, provided the floor area does not exceed 200 square feet and the structure is in accordance with the village of Berkeley zoning regulations12-9-3 requirements and restrictions. Two hundred square feet in congruent with the zoning code.

Section R105.2 (2) is amended by adding:

IRC R105.2 (2) Work exempt from permit: Fences 45 inches or less in height and in accordance with the Village of Berkeley zoning code regulations Chapter 10 fences sections 12-10-1 thru12-10-12.

Section R105.2 (5) is deleted.

Section R105.2 (7) is amended by adding:

R105.2 Building (7): Swimming pools entirely above or below ground accessory to a one- and two-family dwelling or Group R-3 occupancy as referenced in the Village of Berkeley code 10-14-2, which are less than:

(1)   A round pool having a depth not greater than one foot and a diameter greater than six feet.

(2)   An oblong or square pool which has a depth not greater than one foot and a perimeter greater than 20 feet.

Section R105.2 (10) is amended by adding:

R105.2 Building (10) Decks and associated platforms and steps accessory to buildings, which are 12 inches (762 mm) or less above adjacent grade and which are not over any basement or story below and which are not part of an accessible route.

Section R105.2 (11) is deleted.

Section R106.1 is amended by adding:

Plans for new construction, alterations, or modifications in excess of $10,000 in value to a building or structure are required to be signed, sealed, and dated by an Illinois licensed design professional. Construction documents, special inspections, and structural observation programs and other data shall be submitted in three sets with each application for permits.

Section R106.6 is added to read as follows:

A copy of approved plans shall be kept on the site of the building or work at the time of inspection.

Section R112.1 is amended by deleting:

"The board of appeals shall be appointed by the governing body and shall hold office at its pleasure", and inserting "The village board shall be the board of appeals.".

Section R112.3 is deleted.

Section R202 is amended by adding to the list of definitions the following:

Owner-occupant is a person who has owned and occupied a dwelling for a period of 6 (six) months prior to permit issuance.

Table R301.2(1) is amended to reads as f

The Property Maintenance Code adopted in section 10-8-1 of this chapter is amended as follows:

Section 101.1 is amended to read as follows:

Title. These regulations shall be known as the property maintenance code of the village of Berkeley, hereinafter referred to as "this code".

Section 103.5 is amended to read as follows:

Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as established in the village annual fee schedule.

Section 106.4 is amended by adding the following:

Any person, firm, or corporation, who shall violate any provision of this code shall, upon conviction thereof, be subject to a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.

Section 107.2(5) is deleted.

Section 109.6 is amended to read as follows:

Hearing. Any person ordered to take emergency measures shall comply with such order forthwith.

Section 111 is repealed and deleted from this code.

Section 302.8.1 is added to read as follows:

Parking. It shall be unlawful for the owner of property to allow parking of a motor vehicle upon any unimproved surface. As used in this section, the term "unimproved surface" includes, but is not limited to, grass and dirt surfaces or any other surface not in compliance with the pavement design standards in the engineering standards and specifications in title 14 of the village code.

Section 302.8.2 is added to read as follows:

Vehicle Parts And Snowplows. It shall be unlawful for any person in a residence district to allow vehicle parts or accessories, whether covered or uncovered, to be located or stored on the front, side or corner side yard and that buildable area between the dwelling and those yards or upon any off-street parking facility. This prohibition shall not apply to detached snowplows located on the driveway between November 1, and April 30 of the next year.

Section 302.9 is amended by adding the following:

A.   It shall be unlawful for the owner of any property to not remove or paint over any prohibited sign painted directly on an exterior wall of a building or on any structure upon that property. A prohibited sign includes, but is not limited to, any permanent display of any letter, numeral, figure, emblem, insignia, picture, outline, character, spectacle, delineation, announcement or any combination thereof which is painted of a color different from the color of the exterior of the structure on which it is painted and which is visible beyond the boundaries of the property. A painted area on the side of a structure used to cover a prohibited sign which is a different color or surface material than the remaining exterior surface of that side of the structure is unlawful.

B.   When the owner of the property refuses or neglects to remove from the exterior of structures upon the owner's property any permanent display of a prohibited sign in compliance with the regulations of this code

A.   Parking Lot Screening: Every parking lot shall be buffered and screened by a perimeter landscaped open space having a width of at least ten feet (10') or the width of the required yard, whichever is less.

B.   Parking Lot Interior Landscaping:

1.   In addition to the requirements set forth in subsection A of this section, every parking lot shall contain at least one tree of three inches (3") or greater in diameter for each thirty (30) parking spaces constructed after the effective date hereof. Such trees may be provided by the preservation of existing trees or the planting of new trees. Each tree shall be surrounded by a landscaped area of at least thirty six (36) square feet. No existing or new tree located more than five feet (5') outside the perimeter of the paved parking area shall be counted in meeting the requirements of this subsection. All islands in excess of fifty (50) square feet created by curbs or other traffic flow regulators shall be landscaped.

2.   Planting islands located within the interior of a parking lot shall be at least six feet (6') in width.

C.   Parking Garage Design: Every parking garage constructed after the effective date hereof, other than garages accessory to single-family dwellings, shall comply with the following design standards:

1.   The exterior walls of the garage shall be such as to shield all parked vehicles from view from the exterior of the garage; and

2.   The exterior surface of the garage shall be constructed of the same materials as, or materials architecturally and aesthetically compatible with, the principal building to which it is accessory. (2005 Zoning Code)

A.   General Applicability: Except as provided otherwise in this section, the provisions of this article shall apply to, and off street parking spaces sufficient to satisfy the requirements of this article shall be provided for, all existing and new uses.

B.   Change In Existing Use: Whenever a use existing on the effective date hereof is changed thereafter to a new use, parking facilities shall be provided as required herein for such new use; provided, however, that when any such existing use was deficient in required parking spaces on such effective date, such new use may be established with a deficiency in required parking spaces equal in number to not more than such preexisting deficiency.

C.   Increase In Use Intensity: Whenever the intensity of use of any structure or use is increased through the addition of dwelling units, floor area, seating capacity, or other units of measurement specified herein for required parking spaces, parking spaces as required herein shall be provided for such increase in intensity of use.

D.   Minor Additions: Notwithstanding the foregoing provisions of this section, no building or use lawfully existing on the effective date hereof, or any amendment hereto establishing parking requirements with respect to such structure or use, shall be required to provide any additional parking spaces pursuant to this section unless and until the aggregate increase in the units of measurement by which the parking requirement is calculated shall equal ten percent (10%) or more of the units of measurement required upon such effective date, in which event parking spaces as required herein shall be provided for the total aggregate increase.

E.   Accessory Use: Nothing in this section shall be construed to prohibit the continued utilization of any parking space as an accessory use to any structure or use for parking of a vehicle that may be lawfully parked in such space solely because such space does not satisfy the locational or design requirements of this title, or any amendment hereto, if such space was validly in use as an accessory use to such structure or use on the effective date of this title or such amendment. (2005 Zoning Code)

A.   General Rule:

1.   Except as provided in subsections B and C of this section, parking spaces required by this article shall be located on the same zoning lot as the use to which they are accessory.

2.   Off street parking spaces may be provided on surface lots, underground, under a building, or in parking structures. Parking lots, areas, and garages shall comply with the yard requirements made applicable to them by the regulations of the district in which they are located.

B.   Parking For Townhouses: Not more than two (2) parking spaces located in a garage, driveway, or other area reserved for the exclusive use of the residents of an individual dwelling unit shall be counted toward the parking spaces required pursuant to subsection 12-12A-12A1 of this article. Not more than two (2) spaces required by said subsection may, and at least one such space shall, be located in an area or areas available for use in common by at least three (3) such individual units. Such areas may include parking spaces located in parking areas or lots within the development in which such units are located, whether located on or off the lot on which such units are located; provided, however, that no such required space shall be located farther than three hundred feet (300'), measured along an established pedestrian circulation route, from the unit it is required to serve.

C.   Deficiency Spaces: When proposed to eliminate a parking deficiency or when required because of a change in use or an increase in use intensity pursuant to subsection 12-12A-2B or C of this article, parking spaces may be located within any district adjacent to the district in which the principal use in question is a permitted use, or within the same zoning district as, and within one thousand feet (1,000') of, the zoning lot on which the use to be served is located; provided, however, that such remote parking spaces may be allowed only when such remote site is covenanted to remain as parking for so long as said parking spaces are required to meet the standards of this title.

D.   Parking In Yards: Off street parking spaces, open to the sky, may be located in required interior side yards and rear yards. In all business districts, the required off street parking spaces may be located in a front yard adjoining a street, not less than ten feet (10') from a lot line or may be located in a side yard adjoining a street, not less than five feet (5') from a lot line. (2005 Zoning Code)

A.   Design:

1.   Space Dimensions:

a.   Each off street parking space, excluding its associated circulation aisle, shall have the following minimum dimensions, in feet and inches:

b.   The stall width dimensions shall be increased to sixteen feet (16') for required handicapped parking spaces or to the width required under applicable state law, whichever is greater.

c.   The stall dimensions shall be reduced by one-half foot ( 1 / 2 ') in length and one-half foot ( 1 / 2 ') in width for commuter parking lots and structures.

d.   Except for parallel parking spaces, the stall dimensions may be reduced by one-half foot ( 1 / 2 ') in length and width in parking lots and structures accessory to office and institutional uses where the planning and zoning commission finds that the typical parking space in such lot or structure will not be occupied by more than two (2) different vehicles during the course of the business day.

2.   Access To Street:

a.   Least Interference: All parking lots, areas, and garages shall be so located and designed as to provide access to adjacent streets with the least interference with through traffic movements.

b.   Driveways:

(1)   Driveways shall have return radii of twenty feet (20') at the point of access to the street.

(2)   Notwithstanding any other provision of this title, driveways serving single-family dwellings and driveways providing direct access from a parking lot to a street (and not serving as a circulation aisle) may traverse any required yard. The surface area of any such driveway from a parking lot to a street shall not exceed an area calculated by multiplying the width of the driveway times the depth of the required yard times a factor of 1.5.

c.   Curb Cut Width: No curb cut across public property shall exceed thirty feet (30') without the written approval of the zoning administrator.

d.   Access Across Separate Zoning Lot: No access to an adjacent street shall be provided through a zoning lot, other than the zoning lot on which the parking lot is located, except across a permanent, recorded access easement in form and substance satisfactory to the village attorney.

3.   Turnaround Area: Every parking lot or garage, other than a parking lot or garage accessory to a single-family dwelling, shall be provided with a turnaround area or other means to permit cars to exit the parking lot or garage without backing onto any street or sidewalk.

4.   Surface, Drainage And Markings:

a.   Every off street parking lot and garage shall be surfaced with a bituminous or portland cement concrete pavement providing all weather, durable, and dustless surface. Unless otherwise approved by the village engineer, such construct

When used in this title, the following terms shall have the meaning ascribed to them in this section:

ABUT: Having a common border with, or being separated from, such a common border by a right of way, alley, or easement.

ACCESSORY STRUCTURE/USE: See chapter 9 of this title.

ALLEY: A public or private way permanently reserved as a secondary means of access to abutting property.

ALTERATION: Any change, addition, or modification in construction or occupancy of an existing structure.

ALTERATION, STRUCTURAL: Any change in the supporting members of a building or structure, such as bearing walls, columns, beams, or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.

AMENDMENT: See chapter 16 of this title.

ANIMAL HOSPITAL: A building or portion thereof designed or used for the care, diagnostic observation, or treatment of domestic animals.

ANTENNA: A wire or set of wires used in the transmission and reception of electromagnetic waves, and including the supporting structure. This includes, but is not limited to, amateur radio antennas, television antennas, and satellite receiving dishes.

ASSEMBLY USES: A structure or place for groups of people to gather for an event or regularly scheduled program that is educational, cultural, spiritual, social, or recreational in nature.

AUTOMATED TELLER MACHINE (ATM): A mechanized consumer banking device operated by a financial institution for the convenience of its customers, whether outside or in an access controlled facility. ATMs located within a building shall be considered an accessory to the principal use unless the ATM is likely to be an independent traffic generator.

BANK: A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities. Currency exchanges and quick loan shops are specifically excluded from this definition.

BANNER: Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

BASEMENT: A story partly underground and having at least one-half ( 1 / 2 ) of its height above the average adjoining grade.

BLOCK: A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights of way or corporate boundary lines of the village of Berkeley, or other natural barriers.

BUILDABLE AREA: The space remaining on a lot after the minimum open space requirements have been complied with.

BUILDING: Any structure designed or intended to support, enclose, shelter, or protect persons, animals, or property.

BUILDING COVERAGE: The percentage of a lot area covered by any building or structure.

BUILDING DEPTH: The longest st

A.   Authorization: Subject to the limitations of this section, temporary uses as hereinafter specified are permitted in the zoning districts hereinafter specified.

B.   Definition: A "temporary use" is a use that:

1.   Is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time; and

2.   Does not involve the construction or alteration of any permanent structure.

C.   Zoning Certificate Requirements; Issuance And Revocation:

1.   Zoning Certificate Required: Except as provided in subsections D1 and D13 of this section, no temporary use shall be established or maintained unless a zoning certificate evidencing the compliance of such use with the provisions of this title shall have first been issued in accordance with section 12-3-3 of this title; provided, however, that permitted temporary uses of publicly owned or leased buildings and property, other than those included in subsection D13 of this section, shall be exempt from this requirement.

2.   Basis For Certificate Denial: Such a zoning certificate may be denied if the zoning administrator determines that the applicant has failed to comply with the standards, conditions or terms of any previously issued zoning certificate for a temporary use or that the permanent use of the subject property fails to comply in all respects with the provisions of all village ordinances regulating the development, use and maintenance of the property. Such a zoning certificate shall be denied if the zoning administrator determines that the public health, safety or welfare would be, or may reasonably be expected to be, impaired by the issuance thereof.

3.   Conditions Of Certificate: Such a zoning certificate may be conditioned upon such special requirements as the zoning administrator may determine are necessary to achieve the purposes of this title and to protect the public health, safety, and welfare.

4.   Revocation Of Certificate: Such a zoning certificate shall be revoked if any of the standards and conditions imposed pursuant to this section, or such zoning certificate, are violated.

D.   Permitted Temporary Uses: Subject to the regulations and time limits that follow, and to the other applicable regulations of the district in which the use is permitted, the following temporary uses, and no others, are permitted in the zoning districts herein specified: (2005 Zoning Code)

1.   Garage Sales: In any residential district, but only in compliance with the following terms and conditions of title 4, chapter 11 of this code. (2005 Zoning Code; amd. 2016 Code)

2.   Indoor And Outdoor Art, Craft And Plant Shows: In any business district; provided, however, that any such use shall require the specific prior approval of the zoning administrator on the basis of the adequacy of the parcel size, parking provisions, traffic access and the absence of undue adverse impact on other properties. Any such sale shall be limited to a period not to exceed three (3) co

Structural obstructions of the principal building and of accessory structures and uses may be permitted, and special uses may be allowed in yards as follows:

Yard In Which The Listed Use Or Encroachment Is Permitted

A.   Intent And Purpose: The regulation of home occupations is intended to protect residential areas from the adverse impacts that are sometimes associated with home occupations, maintain and preserve the character of residential neighborhoods and provide for the protection of the health, safety and welfare of all village residents.

B.   Defined: A home occupation is an accessory use of a dwelling unit and its accessory buildings for a lawful business, profession, occupation or trade of the occupant operated in compliance with the regulations of this section.

C.   Regulations: Home occupations are permitted only when all of the following regulations are met:

1.   Accessory And Secondary: The home occupation shall be secondary to the residential use of the dwelling and conducted by a member of the family residing in the dwelling with no assistance from other persons except as is allowed in this section.

2.   Separate Entrance: There shall be no separate entrance to the dwelling for the sole purpose of the home occupation.

3.   Alteration Of The Dwelling: There shall be no structural alteration or special construction feature inconsistent with a residential use or that draws attention to the dwelling as a commercial or business operation.

4.   Area Of Use: The principal use as a home occupation may extend into a maximum of twenty five percent (25%) of the total square footage of the dwelling or accessory building.

5.   Exterior: There shall be no display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling. No signs identifying the home occupation shall be allowed nor shall any outside storage be related to the home occupation.

6.   Equipment: No equipment shall be utilized other than the type normally found in a single-family dwelling unit.

7.   Receipt Or Delivery Of Merchandise: There shall be no commodities sold or received or services rendered that require receipt of delivery of merchandise, goods or equipment by other than a vehicle having a plate classification not higher than B or by vehicles typically employed by parcel or letter carriers in residential deliveries. No deliveries by semitractor/trailer trucks shall be permitted.

8.   Sale Of Merchandise: The sale of merchandise shall not be the principal use of the home occupation although merchandise may be sold as an accessory use from the dwelling or if otherwise sold at a location other than the dwelling or on the internet for pick up at the dwelling.

9.   Refuse: No refuse shall be generated from the home occupation in excess of the amount allowable for a residential use, such as the need for a dumpster for the home occupation, and the home occupation shall not use or produce combustible or toxic substances.

10.   Traffic: The home occupation shall not create any traffic hazards or nuisances in the public streets, nor use more vehicle parking than exists on the property for the dwelling.

Table Notes:

R-2 District Notes:

(R-2a) Where a lot is located at the intersection of 2 or more streets, the required front yards shall be observed on each street; provided, however, that the buildable width of such lot shall not be reduced to less than 25 feet and the front yard adjoining the side street shall not be less than 20 feet.

(R-2b) No accessory building shall project beyond the front yard line on either street.

(R-2c) Where lots have a double frontage, the required front yard shall be provided on both streets.

(R-2d) Repealed.

(R-2e) When a private garage is attached to the building, there shall be 2 side yards each having a width of not less than 5 feet.

(R-2f) Decks shall not be required to maintain a rear yard in excess of 12 feet.

(R-2g) For buildings more than 30 feet in height, each yard, as required above, shall be increased in wid

Single-family detached dwellings.

Temporary buildings incidental to construction work.

Accessory structures and uses customarily incidental to the above uses, not involving the conduct of business or of a profession. (2005 Zoning Code)

Multiple-family dwellings; provided, that the minimum gross area of the development under single ownership is fifteen thousand (15,000) square feet.

Parks, playgrounds and community buildings owned or operated for recreational use by public agencies.

Single-family attached dwellings.

Single-family semidetached dwellings: Only when adjoined to a single-family attached dwelling unit (townhouses), provided:

There are not more than seven (7) such units in a building, and all such units shall have frontage on a public street.

Temporary buildings incidental to construction work, which temporary building shall, however, be removed prior to or upon completion or abandonment of the construction work.

Temporary signs pertaining to lease, hire, or construction of the building on the premises, or church or public building bulletin boards, as provided by chapter 13 of this title.

Accessory buildings and uses customarily incidental to any of the above uses including storage garages for private passenger vehicles. Any such building that is not part of the principal building shall be located not less than ten feet (10') from the main building, and not less than sixty feet (60') from the lot line. (2005 Zoning Code)