Policy Explorer: “noise ordinance”

A.   Estate District: Commercial Solar farms, also known as solar power plants and solar energy generation facilities, shall be permitted in the Estate District as a special use, in accordance with the following minimal regulations and design standards. Additionally, any solar farm shall be located a minimum of a half-mile from any environmentally sensitive area, including. Lakes, creeks, wetlands, nature preserves or any area with migratory bird sanctuaries or nesting areas.

1.   Design standards. The design standards and bulk regulations listed in the Estate District for setbacks, lot size, lot coverage, lot area, height, and signage shall be suspended for all solar farms and the following regulations shall apply instead. All other design standards and bulk regulations of the district shall apply.

a.   Foundations: The manufacturer's engineer or another qualified engineer shall certify that the foundation and design of the solar panels with all adopted building codes of the Village of Antioch.

b.   Other Standards and Codes: All solar farms shall be in compliance with any applicant local, state and federal regulatory standards, and the National Electric Code as amended.

c.   Power and Communication Lines: Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground. Exemptions or variances may be granted in instances where shallow bedrock, water courses, or other elements of natural landscape interfere with the ability to bury lines.

d.   Minimum lot size: No solar farm shall be erected on any lot less than five (5) acres in size.

e.   Height: Systems, equipment and structures shall not exceed fifteen feet (15') in height when ground mounted. Double solar panel trackers shall be prohibited and all solar trackers shall be restricted to a single tracker. Excluded from this height requirement, however, are electric transmission lines and utility poles.

f.   Setbacks: Ground mounted solar energy systems as part of a solar farm shall have a setback for all equipment excluding fences a minimum of one hundred feet (100') on the front and fifty feet (50') from all other property lines, with the exception of residential property lines, in which the solar energy system shall be setback one hundred feet (100') for residentially zoned lots and existing residential properties, with the setback distance to be measured from the property line of the solar farm to the property line of residentially zoned lots or existing residential properties. The zoning board of appeals may grant a variance to such setback requirement if the proposed or existing buffer is sufficient to screen the project from view from adjoining property or public rights-of:way, if the owners of the adjoining properties agree to waiver these setback requirements. The zoning board of appeals granting such a variance will be part of their recommendation to the county board.

g.   Screening a

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.

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. General Compliance. All licensed premises and adult businesses shall comply with the provisions of this Article; all other applicable Village ordinances, resolutions, rules, and regulations; and all other applicable federal, state and local laws.

b. Hours of Operation. No adult business shall be open for business between the hours of 12:00 a.m. and 12:00 p.m. on any day. No adult business shall be open for business at any time on any Sunday or any legal State of Illinois or federal holiday.

c. Animals. No animals, except only for animals trained and used to assist a person with a disability, shall be permitted at any time at or in any adult business. Any such animal must at all times remain with the disabled adult business patron.

d. Restrooms. All restrooms in adult businesses shall be equipped with standard toilets, sinks and other traditional lavatory facilities. No adult materials or live performances shall be provided or allowed at any time in the restroom of an adult business. Separate male and female restrooms shall be provided for and used by adult business personnel and adult business patrons.

e. Restricted Areas. No adult business patron shall be permitted at any time to enter into any of the non-public portions of any adult business, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult business personnel. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the licensed premises; provided, however, that any such persons shall remain in such non-public areas only for the purposes and to the extent and time necessary to perform their job duties.

f. Specific Prohibited Acts. 1. No adult business personnel or any other person at any adult business shall perform or conduct any specified sexual activity with or for any adult business patron or any other adult business personnel or any other person; 2. No adult business patron or any other person at any adult business shall perform or conduct any specified sexual activity with or for any adult business personnel or any other adult business patron or any other person; and 3. Straddle dances are prohibited at all adult businesses.

g. Exterior Display. No adult business shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot on which the licensed premises is located. No portion of the exterior of an adult business shall utilize or contain any flashing lights, search lights or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings or pictorial representations of any manner. This Subsection shall apply to any advertisemen

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

Unless otherwise expressly stated, for purposes of this Article, the terms have the meanings set forth below:

a. Emergency. Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

b. Emergency related sounds. Any type of sound rendered on an intermittent, emergency basis, including but not limited to sounds associated with snow removal, flood water removal, or storm debris removal, emergency generators that are used during power outages, and alarms and other emergency warning sounds.

c. Emergency work. Any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.

d. Noise-sensitive area. The land on which a school, hospital, nursing home, church, court, public library, or similar institution is located and the area within 250 feet thereof.

e. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public that is owned or controlled by a government entity.

f. Public space. Any real property or structures on real property, owned by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas.

g. Residential area. Any real property which contains a structure or building in which one or more persons permanently reside, provided that the structure or building is legally zoned for residential purposes, or is legally nonconforming, for residential use in accordance with the terms and maps of the Village's zoning ordinance.

h. Residential District. Any of the R-E, R-1, R-2, R-3, R-4, R-5, R-6 and R-7 zoning districts as established pursuant to "The 2002 Comprehensive Amendment of the Zoning Ordinance of the Village of Arlington Heights," as amended.

(Ord. No. 2024-08, § 2, 2-20-2024)

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

Purpose and Intent . These landscape standards are hereby established to create and maintain an aesthetically appealing community character that minimizes the negative impacts of vehicular traffic, parking lots, etc., and which incorporates human scale into the visual perception of the city. Specifically, these requirements are intended to beautify the public way; to increase the compatibility of adjacent uses by requiring a buffer or screening between uses; to minimize the adverse impact of noise, dust and headlight glare; to reduce topsoil erosion and storm water runoff; and to re-establish a canopy cover over the built environment to mitigate the effects of sun and wind so as to moderate extremes of temperature, provide shade, reduce wind velocity and conserve energy resources. Applicability . The landscape standards set forth herein shall be applied to all approved landscape plans; conditional use planned developments and Planned Development Districts through the final plan review procedures; conditional use petitions; rezoning petitions; conditional use petitions; all variation petitions; final plat of subdivision petitions; and each use district as specifically required through the site plan review process unless otherwise specifically provided. Required Landscape Plan . The landscape plan shall be drawn to an accurate engineering scale, and include a scale, north arrow, location map, original and revision dates, name and address of owner and site plan designer. Plans shall show all landscape areas and their uses, the number of plantings by type, the size of plantings at installation, the on-center spacing for hedges, the caliper size of all trees at installation, existing vegetation and plantings, and proposed berming and fencing. Also included shall be all proposed/existing structures and other improvements, including but not limited to paved areas, berms, lighting, retention/detention areas and planting material. The landscape plan shall be sealed by a state registered Landscape Architect unless waived by the Zoning Administrator. Landscape and Screening Provisions . The following provisions shall be deemed as the minimum requirements for the landscape plan. Additionally, a variety of planting material is desired and must be reflected in the landscape plan. Requirements for All parcels. The following requirements shall apply to all parcels and are cumulative: Stormwater facility requirement. Whenever possible such facilities should be designed as natural features, implementing native deep-rooted shoreline plantings that stabilize the soil, slow runoff, facilitate infiltration and decrease erosion, subject to specific approval by the city council. The criteria for approval will be whether the proposed natural treatment provides and aesthetic and screening benefit to surrounding properties. Lake facilities. Provide three canopy tree equivalents per each 100 feet of high water line. Detention facilities. Provide five canopy tree equivalents

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 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 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

All landlords shall incorporate in the body of all property leases or rental agreements, or renewals of property leases or rental agreements, wording substantially similar to the following (Landlords may use the exact language contained below or use standardized forms from the Division of Property Standards): Notice of City of Aurora Ordinances: "The City of Aurora has enacted the following in its Code of Ordinances: Chapter 29, Article VII - Criminal Nuisance Abatement: This article prohibits criminal nuisance activity on properties located within the corporate limits of the City of Aurora; Chapter 29, Article VIII - Noise Abatement: This article prohibits unreasonably loud or raucous noise within the corporate limits of the City of Aurora; and Chapter 12, Article IV - Property Maintenance: This article requires that properties within the City of Aurora be properly managed and maintained. Any violations of the above ordinances or any other federal, state, or local criminal, nuisance, or property maintenance statutes, regulations, or ordinances may result in the EVICTION of the tenant who committed, allowed, or facilitated the violation. Tenants and all persons who reside in the leased premises, by assuming possession of the same, agree that the landlord or his agents may release to the Police Department, Law Department, or the Division of Property Standards any information concerning the identity of all occupants." Crime free agreement: "In consideration of the execution or renewal of a lease of the rental unit identified in this lease, Owner (or Owner's agent or representative) and resident/tenant agree as follows: Tenant, any member of the tenant's household, a guest or invitee in the unit or on the common grounds, or any other person in the unit or on the common grounds invited there in any way by the tenant or a member of tenant's household, shall not engage or in any way be involved in, any criminal activity, including drug related criminal activity, on or near the said premises. Criminal activity shall include, but is not limited to, drug-related criminal activity. "Drug-related criminal activity" means illegal manufacture, sale, distribution, use or possession with intent to manufacture, sell, distribute or use of a controlled substance, cannabis or methamphetamine (as defined in the Illinois Compiled Statutes). Tenant, any member of the tenant's household, a guest, or invitee at the unit, or on the common grounds, or any person in the unit or on the common grounds invited there in any way by the tenant or a member of the tenant's household shall not engage in any act intended to facilitate or that does facilitate criminal activity, including drug-related criminal activity, or on the said property. Tenant, and every member of the household shall not permit the rental unit to be used for criminal activity, or to facilitate criminal activity, in the unit or on the common grounds, including drug-related criminal activity, regardless of wheth

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

Whenever used in this division unless a different meaning clearly appears from the context:

Bond ordinance means an ordinance authorizing a specific issue of bonds adopted by the council of the city in accordance with the policies and procedures set forth in this division.

Economic department project means any land, interest in land, building, structure, facility, system, fixture, improvement, addition, appurtenance, machinery, or equipment or any combination or portion thereof, and all real and personal property deemed necessary in connection therewith, for use by any person, provided that the existence of such economic development project will create or retain employment opportunities in or near the city.

Hospital means any corporation organized under the Illinois General Not for Profit Corporation Act [Ill. Rev. Stat. Ch. 32, ¶ 163a et seq.] for the purpose of rendering hospital and other health care services.

Hospital facility means any property of any kind having to do with providing hospital and health care services.

Pollution means any form of environmental pollution including, but not limited to, water pollution, air pollution, land pollution, solid waste pollution, thermal pollution, radiation contamination, or noise pollution as determined by the various standards prescribed by this state or the federal government and including, but not limited to, anything which is considered as pollution or environmental damage in the Environmental Protection Act [415 ILCS 5/1 et seq.] and any amendment thereto and substitution therefor.

Pollution control facility means any land, interest in land, building, structure, facility, system, fixture, improvement, appurtenance, addition, machinery, or equipment or any combination or portion thereof, and all real and personal property deemed necessary therewith, having to do with or the end purpose of which is, reducing, controlling or preventing pollution.

Project means any economic development project, pollution control facility, hospital facility or any combination thereof located within the corporate boundaries of the city, or on property contiguous thereto or in no event further than ten (10) miles from the corporate boundaries.

Project costs means and includes the sum total of all reasonable or necessary costs incidental to the acquisition, construction, reconstruction, repair, alteration, improvement and extension of a project including without limitation the cost of studies and surveys; plans, specifications, architectural and engineering services; legal, marketing or other special services; financing, acquisition, demolition, construction, equipment and site development of new and rehabilitated buildings, rehabilitation, reconstruction, repair or remodeling of existing buildings and all other necessary and incidental expenses including an initial bond and interest reserve together with interest on bonds issued to finance a project to a date six (6) months subsequent to the date of completion;

When used in this article:

Cost reimbursement means the fee to reimburse the cost of services provided by the police department or fire department in response to the loud and unruly gathering.

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

Emergency work means any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.

Loud and unruly gathering means a gathering of three (3) or more persons for a social occasion or any other activity at any residential area during which loud and unruly conduct occurs that constitutes a violation of section 29-28 or this article of this Code or is otherwise a threat to the public peace, health, safety or welfare, including, but not limited to, any or all of the following:

Loud noise or music from any source that results in a violation of the noise regulations contained in sections 29-22, 29-23, 29-28 and this article of this Code;

Obstruction of a street or other public right-of-way (as defined in section 29-21 of this Code or under the Illinois Vehicle Code); or a portion thereof, with vehicles or pedestrians;

Public intoxication or drinking in public.

The service of alcohol to minors, as defined under chapter 6 of this Code or under the Liquor Control Act of 1934, 235 ILCS 5/1 et seq.;

Possession and/or consumption of alcohol by minors, as defined under chapter 6 of this Code or under the Liquor Control Act of 1934, 235 ILCS 5/1-1 et seq.;

Assaults, batteries, fights, or other disturbances of the peace, as defined under chapter 29 of this Code or the Criminal Code of 2012, 720 ILCS 5/1-1 et seq.;

Vandalism or destruction of real or personal property as defined under Chapter 29 of this Code or the Criminal Code of 2012, 720 ILCS 5/1-1 et seq.;

Littering of any trash, debris, bottles, cans or other items of personal property on real property or on a public right-of-way as defined under chapter 20 and 29 of this Code or the Criminal Code of 2012, 720 ILCS 5/1-1 et seq.; or

Urinating or defecating in public.

Minor means any person under the age of eighteen (18) years old.

Noise sensitive area includes, but is not limited to, the land on which a school, hospital, nursing home, church, court, public library, or similar institution is located and the area within two hundred fifty (250) feet of a school, hospital, nursing home, church, court, public library, or similar institution.

Owner means any person, agent, firm or corporation having any legal or equitable interest in the property. Owner includes, but is not limited to a mortgagee in possession in whom is vested all or part of the legal title to the property or all or part of the beneficial ownership and right to the present use and enjoyment of the premises; or an occupant who can con

Possession and Use of Fireworks Is Prohibited. No person shall sell, offer for sale, give, store, possess, explode, fire, ignite, discharge, or otherwise use display fireworks, flame effects, consumer fireworks or any other pyrotechnic prohibited by law or this code except as authorized by this code. Premises Liability. No person shall allow a violation of paragraph (a) to occur on real property which such person owns or otherwise controls. A person owning or otherwise controlling real property on which a violation of paragraph (a) occurs shall not be liable for a violation of this paragraph if such person promptly reports the violation of paragraph (a) to the police department at the time it is occurring. This paragraph shall not apply to real property owned or controlled by a unit of federal, state, or local government or a school district. Administrative violations. Any officer or employee of the city authorized to enforce any provision of this code may issue an administrative violation to a person who violates paragraph (a) or (b) of this section in the form and manner set forth in sec 3-105 of this code. Consistent with the provisions of sec. 3-105, a code enforcement officer need not personally observe a violation so long as the complaint is accompanied by an affidavit of some other complaining witness attesting to facts establishing the alleged violation. Nothing in this paragraph prohibits a peace officer by way of complaint or the corporation counsel by way of information from commencing a prosecution against a person for a violation of this section in the circuit court. Fines. A person who violates paragraph (a) or (b) of this section shall be subject to a fine of not less than $250, but not more than $1,000. In determining the amount of the fine imposed, the court, or the administrative hearing officer, as the case may be, shall consider evidence of the following as factors in aggravation requiring the imposition of a higher fine: That the person has previously been found guilty or otherwise responsible for a violation of this section or any similar provision of law or ordinance; That the person has previously been found guilty or otherwise responsible for a violation of any law or ordinance involving excessive noise or the disturbance of the public peace; That the person has previously been found guilty or otherwise responsible for a violation of any law, ordinance, or regulation pertaining to fire safety; The type and nature of the fireworks, flame effects, or consumer fireworks involved in the violation presented a particular hazard to other persons or property; That the violation, other than if mere possession, occurred between the hours of 10:00 PM and 8:00 AM; and In the case of a violation of subsection (b), that the person owning or otherwise controlling the real property upon which a violation of paragraph (a) occurs, has previously been notified of violations of paragraph (a) on occurring such real property. Nuisance Abateme

The following acts are declared to be per se violations of this article. This list does not constitute an exclusive list.

Unreasonable noises: The unreasonable making of, or knowingly and unreasonably permitting to be made, any unreasonably loud, boisterous or unusual noise, disturbance, commotion or vibration in any boarding facility, dwelling, place of business or other structure, or upon any public street, park, or other place or building. The ordinary and usual sounds, noises, commotion or vibration incidental to the operation of these places when conducted in accordance with the usual standards of practice and in a manner which will not unreasonably disturb the peace and comfort of residences or which will not detrimentally affect the operators of other places of business are exempted from this provision. Non-emergency signaling devices: Sounding or permitting sounding any amplified signal from any bell, chime, siren, whistle or similar device, intended primarily for non-emergency purposes, from any place for more than ten (10) consecutive seconds in any hourly period. The reasonable sounding of such devices by houses of religious worship, seasonal contribution solicitors, or by the city for traffic control purposes are exempt from the operation of this provision. Emergency signaling devices: The intentional sounding or permitting the sounding outdoors of any emergency signaling device including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device, except in an emergency or except as provided in subsection a. below. Local, state, and federal governments are exempt from this prohibition. Testing of an emergency signaling device shall occur between 7:00 a.m. and 7:00 p.m. Any testing shall use only the minimum cycle test time. In no case shall such test time exceed five (5) minutes. Testing of the emergency signaling system shall not occur more than once in each calendar month. Radios, televisions, boom boxes, phonographs, stereos, musical instruments and similar devices: The use or operation of a radio, television, boom box, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and which unreasonably disturbs the peace, quiet, and comfort of neighbors and passers-by, or is plainly audible at a distance of seventy-five (75) feet from any person in a commercial, industrial area, or public space. The use or operation of a radio, television, boom box, stereo, musical instrument, or similar device that produces or reproduces sound in a manner that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and unreasonably disturbs the peace, quiet, and comfort of neighbors in residential or noise sensitive areas, including multi-family or single-f

Any person committing certain offenses on or directly related to public property may be ordered to leave said property and/or not permitted to return for a certain period of time, subject to the guidelines set forth below.

Definitions. Public property for purposes of this section shall include the following: The City of Aurora parks and facilities as follows: Phillips Park, Garfield Park, Solifsburg Park, McCarty Park, Wilder Park, Claim & Beach, Linda Court & Best Place, 4th Street & Galena Boulevard, 5th Avenue & Union, Penson Park, Marie Wilkenson Park, Bishop Bonner Park, Equata's Place, Doe Lake Area, Galena & Canterbury, Station Number 5 Aurora Fire Department, West Aurora Watershed, Prairie & Orchard, Orchard Road & North Galena, and Freedom Park. The City of Aurora Public Art Facility located at 20 East Downer Place. The GAR building, located at 23 East Downer Place. Ban for purposes of this section shall mean ordering a person to leave certain public property and/or ordering a person not to return to, or enter upon, certain public property for a specific period of time. Class 1 violations include the following: Disorderly conduct in violation of section 29-16; Mob action in violation of section 29-17; Permitting unlawful assembly in violation of section 29-18; Disturbing lawful assembly in violation of section 29-19; Loitering, obstruction of traffic or passersby in violation of section 29-21; Prostitution in violation of section 29-61; Patronizing a prostitute in violation of section 29-63; Pandering in violation of section 29-65; Soliciting for a prostitute in violation of section 29-66; Street soliciting in violation of section 29-66.2; Obscenity in violation of section 29-67; Public indecency in violation of section 29-68; Public urination or defecation in violation of section 29-70; Gambling in violation of section 29-77; Theft in violation of section 29-91; Criminal damage to property in violation of section 29-92; Criminal trespass to real property in violation of section 29-93; Retail theft in violation of section 29-98; Possession of spray paint by minors in violation of section 29-101; General noise prohibition in violation of section 29-204; Class 2 violations include the following: Assault in violation of section 29-41; Battery in violation of section 29-42; Unlawful use of weapons in violation of section 29-43; Discharging firearms in violation of section 29-45; Possession of ammunition and firearms by underage persons in violation of section 29-46; Unlawful use of air and spring guns in violation of section 29-47. The Aurora Police Chief and his designees are authorized to determine whether or not a person should be banned for certain conduct pursuant to the ban guidelines described herein; Ban guidelines: In addition to any penalties otherwise required by this Code for committing a class I or II violation, a person may be ordered to leave the public property upon which said violation occurred or was directed in the case o

Generally. A liquor license shall be issued only to establishments located in those portions of the city hereinafter classified as predominantly business in character. For the purposes of this chapter the following described portions of the city are predominantly business in character: Downtown, as defined herein. Shopping centers, as defined herein. Contiguous areas of at least fifteen (15) acres which are zoned as B-2 Business District—General Retail, B-3 Business and Wholesale District, BB Business—Boulevard District, ORI Office, Research and Light Industry District or M-1 Manufacturing District, Limited or combinations of said districts under the chapter 49 of this code and the zoning map attached thereto. In addition, any land zoned PDD-Planned Development District shall be included to the extent that such land has been designated for uses similar to the above zonings. Any area zoned R-1, R-2, R-3, R-4, R-5, B-1, M-2, downtown core, downtown fringe is specifically excluded from said business districts. Distance Requirements. No new liquor licenses may be issued to any establishment that is within five hundred (500) feet of a residential property without the applicant obtaining the approval of the liquor commissioner through the hearing process established in section 6-13(d)(2-4), provided the property has adequate off-street parking, and complies with all other requirements of the code. However, if the business is located in the downtown or a shopping center, as defined herein, then a liquor license may be issued without obtaining the approval for a reduction of the distance requirement from the liquor commissioner after an administrative hearing so long as the business complies with all other requirements of the code. Licensees identified as Taverns, Fraternal Societies or Clubs, Package Liquor and Auditoriums prior to January 1, 2003 in portions of the city located within five hundred (500) feet of a residential property shall not be required to obtain approval from the liquor commissioner in order to renew their existing liquor license. No license shall be issued for the sale at retail of any alcoholic liquor within one hundred (100) feet of a church, grade school, middle school, alternative school or high school, hospital, or home for indigent persons. However, if the license is located in the downtown or a shopping center, as defined above, then a Class D license may be issued if the license is not located within one hundred (100) feet of a grade school, middle school, alternative school or high school. The one hundred (100) feet measurement is to be taken from property line to property line, except when determining the distance between a church and a liquor license applicant, the distance of one hundred (100) feet shall be measured to the nearest part of any building used for worship services or educational programs and not to property boundaries. Distance Reduction Hearings. The liquor commissioner may grant a reduction of the dista

A. No person shall cause or participate in a riotous, turbulent, disorderly, or noisy assemblage of persons in the streets or other public places within the Village.

B. It shall be unlawful for the owner of any real property within the Village knowingly to authorize, permit, or enable such property to be used for a gathering of two or more persons where any one or more of the persons is a minor and any of the following factors apply:

(1) The owner of the real property knows that any such minor is in possession of or is consuming any alcoholic beverage; and

(2) The consumption or possession of the alcohol by the minor is not otherwise permitted under Illinois law.

C. It shall be unlawful for the owner of any real property within the Village to knowingly cause, permit, host, authorize, enable, suffer, or condone any assemblage of minors or other persons at such property which endangers the peace and safety of residents of the Village or violates Subsection B of this section.

(1) Acts which are hereby declared to endanger the peace and safety of the residents of the Village shall include, but are not limited to, the following:

(a) Possession and consumption of alcoholic beverages by minors, intoxicated persons, and others prohibited by Village ordinance and/or Illinois statute from possession or consumption of alcoholic beverages.

(b) Use or clear evidence of use of cannabis or other controlled substances prohibited by federal, state, or local law.

(c) Illegal use of fireworks as provided under Illinois law, including without limitation 425 ILCS 35/1.

(d) Noise in violation of § 141-118, including, but not limited to, music, loud, raucous yelling, shouting, and obscene or abusive language.

(e) Fighting, battery, assaults, or threats or the throwing of objects capable of causing physical injury or property damage.

(f) Depositing of trash, garbage, or hazardous material upon public or private property, except trash or garbage other than household hazardous waste that is deposited in a proper receptacle approved for the disposal of trash.

(g) Trespass of person or parked vehicles by minors or other persons attending an assemblage upon private property.

(h) Any circumstances and conditions which, taken as a whole, constitute a condition of encouraging and contributing to the delinquency of minors as defined in § 141-705 of this Code.

(2) The owner of real property on which any of the aforementioned activities take place shall be presumed, in the absence of evidence to the contrary, to have violated this Subsection C by failing to exercise proper responsibility for those committing any of those acts set forth in Subsection C(1) and the minors or other persons shall be deemed to have committed the acts with the knowledge and permission of the owner, in violation of this section.

(3) Upon being given notice by any member of the Police Department of the existence of any of the activities set forth in § 141-108, an owner shall immediately act

This chapter of the Code is structured to preserve, protect, plant, maintain and enhance critical infrastructure — Our urban forest. This chapter will regulate trees as a collective resource for the Village of Bannockburn on public and private property. The purpose of this chapter is to recognize the services and function that trees provide as a collective asset to the entire community and to state the goals of the Village of Bannockburn with respect to the protection, preservation, care and planting of trees on public and private lands and encourage the protection of healthy trees, support biodiversity and ecological health goals, and provide for the replacement and/or replanting of trees that are necessarily removed during construction, development or redevelopment. We recognize that trees:

A. Protect, preserve and enhance the quality of life, environmental health, and general welfare of the Village of Bannockburn and its property owners, and conserve and enhance the Village of Bannockburn's natural, physical and aesthetic environment.

B. Must be properly planted and maintained within the Village of Bannockburn so that trees can protect, enhance and preserve the quality of life for people within the Village of Bannockburn.

C. Play an integral part of the infrastructure of the Village of Bannockburn and as such are preserved, protected and cared for as other critical Village of Bannockburn infrastructure. Trees provide the following services and benefits:

(1) Absorb dust and other airborne pollutants from the air;

(2) Aid in the purification of air by absorbing and sequestering carbon dioxide;

(3) Absorb and filter pollution from stormwater runoff;

(4) Protect an important link in the hydrologic cycle by transpiring water and the neutralization of waste that pass through to the groundwater table and other aquifers;

(5) Produce oxygen;

(6) Reduce flooding and costs associated with flooding;

(7) Stabilize soils and reduce erosion and sedimentation;

(8) Restore as much as possible the denuded soil resulting from construction or grading work which accompanies development;

(9) Cool the surrounding area helping to reduce impacts due to heat islands;

59.  Editor's Note: This ordinance also repealed former Ch. 216, Trees and Woodland Protection, adopted 11-12-2013 by Ord. No. 2013-22, as amended.

(10) Reduce energy consumption by shielding structures from harsh winds and sun;

(11) Provide a buffer and screen against noise and light pollution;

(12) Protect and improve property values in a manner that will maintain each individual's enjoyment of his or her property;

(13) Conserve and enhance the Village's physical and aesthetic environment, especially its valuable natural and rural atmosphere;

(14) Improve commercial district traffic and purchasing;

(15) Provide important mental health benefits;

(16) Reduce levels of aggression, violence and crime;

(17) Assist in creating areas with higher levels of community interaction;

(18) Protec

The following uses may be permitted in the College District, subject to the issuance of a special use permit as provided in § 260-1162 of this code and subject to the additional standards hereinafter set forth. See § 260-1151 of this code regarding use interpretations.

A. Services.

(1) Day-care centers (8351), subject to the following additional standards:

(a) Required approvals. No day-care center shall be established without the prior licensing, certification, or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed center. Every application for a special use permit for a day-care center shall set forth each agency that must approve the establishment or operation of the center and shall be accompanied by a formal acknowledgement of approval from each such agency. In the event any such approval has been delayed, the application shall set forth the status of each such application and shall state any facts known to the applicant that might have contributed to the delay of any required approval that has not been obtained as of the time of the filing of the application for a special use permit.

(b) Structure type. Every day-care center shall be located in a structure having the appearance of a structure permitted in the College District. The type of construction shall be in compliance with the Bannockburn Building Code.83

(c) Outdoor play area. Unless waived by the Board of Trustees based on evidence of staggered usage by subgroups of all enrolled children, every day-care center shall provide at least 75 square feet of open space per child, exclusive of areas occupied by recreational structures as well as any open space located within 200 feet of Half Day Road. The entire outdoor play area shall be completely enclosed by a fence or other suitable barrier sufficient to prevent access of children to neighboring properties or to traffic or other hazards.

(d) Landscape buffer. Trees and shrubs shall be planted and maintained around outdoor play areas to create a visual barrier from abutting residential properties and to absorb and diffuse noise.

(e) Recreational devices. No recreational device shall be located within 100 feet of any street or of abutting property used or zoned for residential purposes.

(f) Financial stability. No special use permit for a day-care center shall be granted unless the applicant therefor shall establish, to the satisfaction of the Board of Trustees, that there exists a reasonably certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and the various standards applicable to such facility by reason of this code and other laws and regulations.

B. Other.

(1) Buildings not owned or operated by a college, subject to the following additional standards:

(a) College operation not feasible. Buildings may be owned or operated by non-college

For the purpose of this chapter, the following terms shall have the following meanings:

Accepted public street means any street duly accepted in writing by the corporate authorities of the village for maintenance thereof by the village.

Administrative officer or administration authority means the village manager or any officer designated by him/her to administer and enforce this chapter (also see definition of Enforcement Officer).

Alley means a strip of land along the side of or in the rear of properties intended to provide access to those properties abutting and/or adjacent to said strip of land.

Approved street means any street, whether public or private, meeting standards or specifications of the village and/or otherwise accepted by the village for dedication.

Bike path means a designated right-of-way provided for the specific use of pedestrians and bicycles.

Board or village board. See definition of corporate authorities.

Building line means a line parallel to a lot line set at the closest point of the principal building, excluding allowable obstructions, to such lot line.

Building setback line means a building line establishing the minimum allowable distance between a street right-of-way line or property line and any structure.

Caliper means measurement used for nursery stock. The diameter of a tree trunk as measured six inches above ground line for nursery trees up to and including four inches in caliper and as measured 12 inches above ground line for nursery trees larger than four inches in caliper.

Commission. Whenever the word "commission" is used in this chapter, it shall be deemed to refer to the plan commission of the village.

Comprehensive plan means the official comprehensive plan, or any geographical or functional part thereof, as adopted and amended from time to time by the village.

Corporate authorities means the president and board of trustees of the village.

County engineer means chief administrative official of the Lake County division of transportation or Cook County highway department.

Critical root zone means that area around a tree as defined by the following calculation: for each inch of tree as measured by the standard dbh method, one foot of area around the tree in all directions as measured from the base of that tree.

Cul-de-sac means a street having one open end and being permanently terminated by a vehicle turnaround.

Develop. See definition of development or to develop.

Developer means the owner, representative or petitioner who proposes to construct, build, use, subdivide, or resubdivide property.

Development or to develop means any subdivision, resubdivision, or any other project which includes any construction or installation of site improvements on a lot or parcel which affects or relates to the need (present or future) for public improvements and/or which includes and/or may include the installation of such public improvements.

Diameter breast height (dbh) means the diameter of a tree measur

All fees, charges, deposits, and other amounts required to be paid to the village must be paid by cash or check made payable to the Village of Barrington, or by a credit accepted by the village, unless otherwise specified in this Code. Fees, charges, deposits, and other amounts payable to the village pursuant to the various provisions of this Code include, but are not limited to, the following. (The following list may not include each and every fee, deposit or other amount due and owing to the Village of Barrington pursuant to the provisions of this Code. Except as specifically provided in this Code, all fees, charges, deposits, and other amounts payable to the village shall be nonrefundable. Reference should always be made to the applicable Code section as cited below for a detailed description of the fee, charge, deposit, or other amount payable to the village and the related Code provisions.)

TITLE 1 , ADMINISTRATION

Petition for

It shall be unlawful and a nuisance for any person within the village to make, continue or cause to be made or continued, any loud, unnecessary or unusual noise which annoys, disturbs, injures and/or endangers the comfort, repose, convenience, health, peace and/or safety of others, within the limits of the village. Without any limitation on the foregoing, the following acts, among others, are declared to be nuisance noise and in violation of this section, unless a license authorizing same has been obtained from the village in accordance with this chapter, and then only in compliance with the terms of such license:

A. Vehicular noise. 1. Engine exhausts. Permitting and/or allowing the discharge into the open air within the village of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, motorboat, or motor vehicle is prohibited, except through a muffler or other device or equipment which will effectively prevent loud, explosive, and/or unnecessary noises therefrom. 2. Defect in vehicle or load. The use and/or operation, or permitting and/or allowing the use and/or operation within the Village of any wagon, cart, automobile, truck, motorcycle, or other vehicle, so out of repair or loaded in such manner or with material of such nature as to create loud and/or unnecessary grating, grinding, rattling or other noises is prohibited. 3. Motor vehicle alarms. The use and/or operation, or permitting and/or allowing the use and/or operation of a continuous, audible signal device which acts as a vehicle security alarm, when such device or equipment is not limited in operation to four minutes after activation, is prohibited. 4. Horns, signaling devices. The sounding, permitting and/or allowing the sounding of any horn or signaling device on any automobile, motorcycle, or other vehicle on any street or public place in the village, except as a warning of any actual or reasonably perceived danger, is prohibited; without any limitation on the foregoing, the creation by means of any such signaling device of any unreasonably loud and/or harsh sound is also prohibited, and the sounding of any such device for an unnecessary and/or unreasonable period of time is prohibited; the use of any horn, whistle, or other device operated by engine exhaust is prohibited, and the use of any such signaling device when traffic is for any reason held up is prohibited. 5. Audio systems. No person shall play, use, and/or operate or permit and/or allow to be played, used and/or operated, any radio, tape player, cassette player, boombox, or other device or equipment for the broadcast of, receiving the broadcast of, producing, reproducing, and/or amplifying of sound if such device is located in any vehicle on a public street or highway, and if the sound generated by such device or equipment is audible to any person, including, but not limited to, a peace officer, at a distance of 75 feet or greater.

B. Drums; pyrotechn

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)   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.   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

All permitted and all special uses in the I-1 light industrial district shall comply with the performance standards set forth hereinafter:

A.   Noise Emissions: No permitted use or special use or other use shall cause or allow the emission of sound beyond the boundaries of its property, as property is defined in section 25 of the Illinois environmental protection act, so as to cause noise pollution, or so as to violate any provision of the Bartlett municipal code (which adopts the standards in 35 Illinois administrative code, subtitle H, parts 900, 901 and 951). (Ord. 2001-128, 10-2-2001)

Sound levels from any permitted or special use or uses in the I-1 light industrial district shall not exceed the maximum sound levels allowed under adopted sections 901.101, 901.102, 901.103, 901.104, 901.105 and 901.106 in section 4-3-4 of the Bartlett municipal code. (Ord. 2001-129, 10-2-2001)

B.   Visible And Particulate Matter Emissions: The emission of visible and particulate matter in such manner or concentration as to endanger or to be detrimental to the public health, safety, comfort or welfare is a public nuisance and shall not be permitted. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries, shall be kept at a minimum by appropriate landscaping, paving, application of dust suppressant, fencing or other acceptable means.

Visible emissions from fuel combustion and other emission sources shall conform with 35 Illinois administrative code 212, subpart B, visible emissions, sections 212.122 and 212.123.

The measurements of visible emissions shall be performed according to EPA method 9, in 40 CFR part 60, appendix A "Visual Determination of Opacity of Emissions from Stationary Sources". Method 22 shall be used to determine the presence or absence of visible emissions from emission units.

Combustion sources greater than two hundred fifty millimeters (250 mm) BTU/hour are restricted to not greater than twenty percent (20%) opacity. All other emission units are restricted to not greater than thirty percent (30%) opacity. Visible emissions may exceed these limits for short periods of time under specific conditions, as allowed under 35 Illinois administrative code 212, subpart B.

Particulate matter emissions from various sources shall comply with 35 Illinois administrative code 212 for the following source categories:

C.   Use, Storage And Management Of Hazardous Substances And Petroleum Products: The use, storage and management of hazardous substances and petr

All permitted and/or special uses in the I-2 EDA overlay district shall comply with the performance standards set forth hereinafter:

A.   Noise Emissions: No use or special use shall cause or allow the emission of sound beyond the boundaries of its property, as property is defined in section 25 of the Illinois environmental protection act, so as to cause noise pollution, or so as to violate any provision of the Bartlett municipal code (which adopts the standards in 35 Illinois administrative code, subtitle H, parts 900, 901 and 951).

Sound levels from any permitted or special use or uses in the district shall not exceed the maximum sound levels allowed under adopted sections 901.101, 901.102, 901.103, 901.104, 901.105 and 901.106 in section 4-3-4 of the Bartlett municipal code.

B.   Visible And Particulate Matter Emissions: The emission of visible and particulate matter in such manner or concentration as to endanger or to be detrimental to the public health, safety, comfort or welfare is a public nuisance and shall not be permitted. Dust and other types of air pollution, borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries, shall be kept at a minimum by appropriate landscaping, paving, application of dust suppressant, fencing or other acceptable means.

Visible emissions from fuel combustion and other emission sources shall conform with 35 Illinois administrative code 212, subpart B, visible emissions, sections 212.122 and 212.123.

The measurements of visible emissions shall be performed according to EPA method 9, in 40 CFR part 60, appendix A, "Visual Determination of Opacity of Emissions from Stationary Sources". Method 22 shall be used to determine the presence or absence of visible emissions from emission units.

Combustion sources greater than two hundred fifty millimeters (250 mm) BTU/hour are restricted to not greater than twenty percent (20%) opacity. All other emission units are restricted to not greater than thirty percent (30%) opacity. Visible emissions may exceed these limits for short periods of time under specific conditions, as allowed under 35 Illinois administrative code 212, subpart B.

Particulate matter emissions from various sources shall comply with 35 Illinois administrative code 212 for the following source categories:

C.   Use, Storage And Management Of Hazardous Substances And Petroleum Products: The use, storage and management of hazardous substances and petroleum products shall be conducted in compliance with all applicable local, state and federal environmen

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

The system of administrative adjudication of nonvehicular regulations violations shall be conducted in accordance with the following procedures to assure defendants are afforded due process of law:

A.   Issuance Of Violation Notices And Citations: Violation notices may be issued by any authorized person and shall contain information and shall be served, certified and have evidentiary value as hereinafter stated. Certain violation notices may be issued in the form of an "LA" citation allowing the recipient to pay the stated fine prior to any hearing. If the recipient fails to pay the required fine within the allotted time under the "LA" citation, the violation notice will be processed through the administrative adjudication system as otherwise provided for in this chapter.

Options for persons charged with certain offenses:

1.   Persons charged for the first time with a violation of the following sections and/or subsections: subsections 5-3-2A, "Disorderly Conduct"; C, "False Alarms"; D, "Loitering On Public Property Or In Public Places"; E, "Loitering On Business Property"; 5-3-3D, "Trespassing Prohibited"; sections 5-5-1, "Curfew"; 5-5-3, "Truancy Prohibited"; subsection 7-1-8A, "Obstruction"; section 8-6-1, "Discharge, Exhibition Prohibited", section 4-3-4, “Excessive Noise”; and section 3-22-2, “Amplified Noise Limitations,” of this Code, shall have the option of avoiding an appearance at an administrative hearing by paying a mandatory fine of one hundred dollars ($100.00) within ten (10) days after service of the notice of violation. Payment of the fine is an admission of liability and will act as a final determination of liability disposition of the violation.

2.   Persons charged with a violation listed in section 1-4-6 of this title shall have the option of avoiding penalties and an appearance at an administrative hearing by timely paying the fine and following the procedures set forth in section 1-4-7, "Penalties And Settlement Procedures For Certain LA Offenses", of this title. Payment of the fine is an admission of liability and will act as a final determination of liability disposition of the violation.

B.   Authorization: All police officers and community service officers, and other specifically appointed individuals including, but not limited to, the Village's Code official, the Building Director and the Community Development Director, and his or her respective designees, including, but not limited to, Code Enforcement Officers, health inspectors and building inspectors, shall have the authority to issue violation notices. For the purposes of this section and for the purposes of any inspections relating to the enforcement of any Village ordinances or codes, authorized designees of the Village's Code official or approved inspection agencies or approved individuals to conduct inspections, shall also include, but not be limited to, any person retained by the Village pursuant to a contract to perform ordinance/Code enforcement or ins

A.   No person or entity shall operate an amplifier in the Village in a manner as to be plainly audible at a distance of one hundred fifty (150) feet or more from its point of origin between the hours of eight o’clock (8:00) A.M. to the hour of ten o’clock (10:00) P.M. Sunday through Thursday and between the hours of eight o’clock (8:00) A.M. to the hour of eleven o’clock (11:00) P.M. Friday and Saturday without first having secured an amplifier permit issued by the Community Development Director or designee.

B.   No permittee shall use or operate or employ any such device within the radius of two (2) blocks from any hospital or within the radius of two (2) blocks of any religious institution while services are being held therein.

C.   The hours to use, operate or employ any such amplified device pursuant to an amplifier permit within the Village limits shall be between the hours of eight o’clock (8:00) A.M. and ten o’clock (10:00) P.M. Sunday through Thursday, and between the hours of eight o’clock (8:00) A.M. and eleven o’clock (11:00) P.M. on Friday and Saturday.

D.   This section shall not apply to noise devices, bands, or other musical devices used in a public parade or procession which is operated under a permit in accordance with the ordinances of the Village.

E.   Whenever the Planning and Development Services Director or designee determines that it is in the public interest, an extended amplifier permit may be issued authorizing a permittee to use such devices in the Village for not more than five (5) days at a time during such hours as the Planning and Development Services Director or designee may establish in such an extended amplifier permit, not before six o'clock (6:00) A.M.

F.   An amplifier permit may be denied by the Planning and Development Services Director or designee from an applicant who has previously received documented complaints by the Police Department or Code Enforcement of excessive noise or extending the amplification beyond the permitted hours of operation. The Planning and Development Services Director may impose limitations and conditions as part of any amplifier permit to protect the health, peace, and safety of others within the Village.

G.   No more than six (6) amplifier permits will be issued for any private property within any calendar year.

(Ord. 2024-68, 7-16-2024)

A Class OS license shall entitle the holder of a valid Class A, Class A Extended, Class F or Class Q liquor license to sell alcoholic liquor at retail for consumption on the premises outside the principal structure subject to the following conditions:

A.   The OS license shall be considered an add on license to a valid Class A, A Extended, F or Q liquor license. The term and validity of the OS license shall be coterminous with the prerequisite Class A, A Extended, F or Q liquor license and shall be subject to all other terms of the prerequisite license except as specified in this subsection.

B.   Outdoor alcoholic consumption may only occur within a secured area with access to the serving area through the principal structure for which a valid Class A, A Extended, F, or Q license has been issued, and if that is the only access to the secured area, with at least one additional opening in the fence that secures the area for emergency egress as approved by the Director of Planning and Development Services.

C.   The outdoor seating area shall be enclosed by fence in compliance with Building and Life Safety Codes.

D.   The outdoor seating area shall be used for seated food and beverage service only.

E.   Use of the outdoor seating area shall be limited to between seven o’clock (7:00) A.M. and ten o’clock 10:00 P.M. daily, but alcoholic beverages and alcoholic liquor sales and consumption shall be subject to further restriction by any applicable hourly limits and requirements associated with the prerequisite Class A, A Extended, F or Q license or liquor licenses in general.

F.   No outdoor music, amplified sound, live performances or other noise or vibration generating activities shall be permitted within or directed at the outdoor seating area, unless a special event and amplifier permit for said special event are provided. Exception: Music played through a speaker for background music, provided the volume and sound level at which it is played does not create a nuisance beyond the outdoor dining area.

G.   Service of alcoholic beverages within the outdoor seating area shall be under the control of BASSET trained representatives and/or employees of the licensee.

H.   The outdoor seating area shall be treated as an extension of the restaurant/bar’s public serving area and licensed premises.

I.   The licensed establishment must comply with all other terms set forth in any zoning approval ordinance unless otherwise expressly provided in a special use permit, variation, PUD or other zoning approval ordinance.

J.   The maximum occupancy of the outdoor seating area shall be based on the maximum seating capacity as determined by the Village’s Building and Life Safety Codes.

K.   With its application for an OS license, the licensee shall submit written documentation evidencing that it is either (a) the fee simple owner of the property on which the principal structure of the licensed premises for its prerequisite license is located and on which the pr

A.   State Rules And Regulations Adopted: The following provisions of title 35, subtitle H, chapter I, of the Illinois administrative code, part 900, sections 900.101, 900.103, 900.104; and part 901, sections 901.102, 901.103, 901.104, 901.105 and 901.106, are hereby adopted as and for sections 900.101, 900.103, 900.104, 901.102, 901.103, 901.104, 901.105 and 901.106 in this subsection A.

B.   Definitions And Amendments:

1.   Section 900.101 is amended as follows:

"Business Area" means and includes any area zoned as business, commercial and/or office/research, including any use area zoned for such uses in the I-2 Economic Development Area Overlay District, or located entirely within a PD Planned Development District when such area has been designated for business, commercial and/or office/research use, or entirely within any Planned Unit Development ("PUD") with any areas designated for business, commercial and/or office/research use.

"Class A" means and includes residential and public land areas as those terms are defined herein.

"Class B" means and includes any business area as that term is defined herein.

"Class C" means and includes industrial area as that term is defined herein.

"Construction" means and includes the preparation of land for development or the construction or reconstruction of a building.

"Corporate Authorities" means the President and Board of Trustees of the Village of Bartlett.

"Industrial Area" means and includes any area zoned as industrial, including the I-1 Light Industrial District, the I-2 General Industrial District or the I-2 Economic Development Area Overlay District, or located entirely within any area within a PD Planned Development District when such area has been designated for industrial use, or an area used for industrial use located entirely within any Planned Unit Development.

"Person" means and includes any individual, corporation, partnership, joint venture, limited liability company, firm, association, trust, estate, public or private institution, group, agency, school or other educational entity, any political subdivision of this State or any other state or political subdivision or agency thereof or any legal successor, representative, agent or agency of the foregoing.

"Playgrounds" means and includes areas developed for active play and recreation.

"Playfields or Athletic Fields" means and includes playgrounds, fields and courts for competitive sports, such as football, soccer, baseball, basketball or tennis.

"Playlot or Tot Lot" means and includes small areas developed especially for pre-school and/or elementary school aged children, such as sand play areas, slides, swings, teeters and climbing apparatus.

"Property" means and includes any real or personal property.

"Public Land Area" means and includes any area zoned as Public Lands District or located entirely within a PD Planned Development District when such area has been designated for public land use, or is used for Playgrounds, Pla

Local liquor licenses for the retail sale of alcoholic liquor shall be divided into the following classes and subclasses and subject to the regulations set forth herein:

A.   Class A- Pour License.

1.   A Class A- Pour License authorizes the retail sale of alcoholic liquors for consumption on the premises for the following and subject to certain regulations and restrictions set herein:

a.   A Hotel or Motel;

b.   A Restaurant;

c.   A Restaurant and Tavern;

d.   A Tavern or Saloon;

e.   A Brewery, Winery, or Distillery;

f.   A Senior Living Facility;

g.   An arts, crafts, or cooking studio;

h.   A Bowling/Amusement Center;

i.   A Theater;

j.   A business located in the General Commercial or DMU zoning districts;

k.   A consumer personal service business in the General Commercial or DMU zoning districts;

l.   A civic organization.

2.   All Class A Pour Licenses shall be subject to the following regulations:

a.   A counter, serving bar, or other mechanism must separate the stock alcoholic liquor from the patrons and must be served by the licensee and its agents, unless otherwise permitted in this chapter.

b.   Patrons may remove partially consumed bottles of wine from the premises but only securely sealed by the licensee or an agent of the licensee prior to removal from the premises and placed in a transparent, one- time use, tamperproof bag and not for public distribution or consumption.

c.   Outdoor serving of alcoholic liquors shall be permitted according to the following conditions:

(1)   The outdoor area upon which alcoholic beverages will be served must be clearly delineated and segregated by use of a fence or other barrier that is no less than three feet (3') in height and there is only one entryway into the enclosed area and that entryway must be from within the licensed premises; provided that a licensee may petition for approval of an outdoor area without a single entry from within the licensed premises if such an arrangement is not practicable and other means of securing adequate control of the area are provided and approved as a condition of the license.

(2)   If the outdoor area is on property not exclusively owned or under the exclusive control of the licensee, such as by lease, the applicant must obtain and submit written approval from the owner of the property.

(3)   Public sidewalks or ways may be used as long as an outdoor cafe license is obtained from the city.

(4)   Alcoholic liquor may only be served and consumed in the enclosed area, and signs shall be prominently posted in the outdoor area that no alcoholic liquor is allowed outside the enclosed area.

(5)   Outdoor serving authorization may be revoked by the city, without cause, upon thirty (30) days’ written notice to the holder of the license.

(6)   The authorization may be revoked upon three (3) days’ written notice by the city after a conviction for any local ordinance or state criminal code violations arising from use of said outdoor premises, prov

A.   Purpose:

1.   It is hereby declared that excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life; a substantial body of science and technology exists by which excessive sound may be substantially abated; that the people have a right to and should be ensured an environment free from excessive sound, and, therefore, it is the policy of the city of Batavia to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.

2.   This section shall apply to the control of noise originating from "industrial property" as defined in subsection B of this section.

B.   Definitions: The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:

A-WEIGHTING: The electronic filtering in sound level meters that models human hearing frequency sensitivity.

AMBIENT SOUND LEVEL: The total sound level from all noise sources that make up the character of the area of interest.

BACKGROUND SOUND LEVEL: The sound level at a location that interferes with the measurement of the noise source of interest and may include sources such as ambient noise, electronic noise, and wind noise.

BASS RUMBLE: Any sound that can be judged as a low frequency weighted or heavy bass sound spectrum as judged by the city employee conducting the measurements.

COMMERCIAL PROPERTY: Any premises, property, or facility located in any "business zoning district" (title 10, chapter 11 of this code), and any premises, property or facility located in any zoning district of the city involving traffic in goods or furnishing of services for sale or profit, including, but not limited to:

1.   Banking and other financial institutions;

2.   Dining establishments;

3.   Establishments for providing retail or wholesale services;

4.   Establishments for recreation and entertainment;

5.   Office buildings;

6.   Transportation and motor freight terminals; and

7.   Warehouses.

CONSTRUCTION: Any site preparation, assembly, erection, repair, alteration or similar action, or demolition of buildings or structures.

dBA: The overall, A-weighted sound pressure level of a sound.

DAYTIME HOURS: Seven o'clock (7:00) A.M. to nine o'clock (9:00) P.M. local time.

DECIBEL (dB): The unit of measurement for sound pressure level at a specified location.

EFFECTIVE SOURCE NOISE LEVEL: The source noise level after an adjustment for the adverse character of noise (including tonal, impulsive, bass or rumble noise).

EMERGENCY WORK: Any work or action necessary to deliver essential services including, but not limited to, repairing water, gas, electric, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights of way, or abating life threatening conditions.

EQUIVALENT SOUND LEVEL (Or LEQ): The A-weighting sound level measured in decibels with an integrating sound level meter and averaged on a

A.   Illinois Vehicle Code Adopted By Reference:

1.   The Illinois vehicle code with amendments thereto made from time to time by the state legislature, is hereby adopted in its entirety, and made a part of this chapter by reference 1 .

2.   Any person who is convicted of the equivalent of any provision of the Illinois vehicle code, except 625 Illinois Compiled Statutes 5/11-501, driving while under the influence of alcohol, other drug, or combination thereof, shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each offense 2 .

3.   Any person convicted of the equivalent of 625 Illinois Compiled Statutes 5/11-501, driving under the influence, except as provided under subsection (d) of 625 Illinois Compiled Statutes 5/11-501, shall be sentenced as a class A misdemeanor and shall be subject to the fines and penalties provided for in 625 Illinois Compiled Statutes 5/11-501.

4.   All other traffic related offenses which do not have an Illinois vehicle code equivalent shall be prosecuted as an ordinance violation pursuant to the provisions of 65 Illinois Compiled Statutes 5/1-2-1.

5.   All adopted state traffic laws written under local ordinance shall be referred to as 625 Illinois Compiled Statutes and the "local ordinance" box on the uniform citation shall be denoted. All other traffic related offenses not having a state equivalent shall be written up under local ordinance codes as specified by city ordinance resolutions. (Ord. 86-13, 5-19-1986)

B.   Issuance Of Citations ("O" Tickets):

1.   Applicable Sections: Whenever a police officer is authorized to arrest a person without a warrant because of a violation of any section or provision of this code in respect to any of the following sections:

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.   Compliance notices may be issued for a violation of this code or the zoning ordinance in accordance with the provisions and procedures set forth in this section.

B.   For purposes hereof the following definitions shall apply:

COMPLIANCE NOTICES: Written notices which may be issued for ordinance violations in lieu of a citation or arrest warrant for the violation.

VILLAGE OFFICER OR AGENT: Any village police authority, code enforcement officer, and any other officer authorized by this code or zoning ordinance of the village to issue arrest warrants or citations.

C.   At the discretion of the village officer or agent, a person accused of an ordinance violation may be issued a compliance notice, for the first such violation, in lieu of a citation or arrest warrant for the violation.

D.   A compliance notice may be settled by paying to the village, in accordance with the restrictions on the compliance notice, an administration fee as follows:

1.   When settlement is paid within ten (10) days of the time the notice is delivered to the offender, settlement payment shall be those figures listed in column A.

2.   When settlement payment is made between the eleventh and thirtieth day of the time a notice is delivered to the offender, settlement payment shall be those figures listed in column B.

E.   It shall be a condition precedent to the right of an offender to settle under this section, that the offender shall first correct the violating offense within the specified time limits, and provide proof of having done so. After the thirtieth day the offender may no longer settle the compliance notice by means of the procedures set forth herein, but must appear in court pursuant to the dates contained in the compliance notice.

F.   If the offender does not pay the administration fee as set forth in subsection D of this section, and where required, achieve compliance with the ordinance section or sections stated on the compliance notice, the village may use other legal remedies including, but not limited to, prosecution of the matter as an ordinance violation, or referral of the matter to a collection agency, and the offender shall be subject to the fines and penalties set forth in the applicable provisions of this code. (Ord. 1994-O-22 § 1)

The following rules and regulations shall govern the usage of all parks in the village:

A.   Advertisements, Signs And Billposting: No person shall post, stencil or otherwise affix any notice, bill, sign, advertisement or other paper upon any structure, post or tree or other property in any park.

B.   Animals: No animals shall be allowed in the playground area and athletic fields. No person shall bring a dog, cat, horse or other domesticated animal into any park, except for leader dogs for blind and hearing impaired individuals and except for dogs and cats which are on a leash not longer than ten feet (10'). Said leashed dogs and cats may be walked or exercised only on improved trails and pathways and shall, at all times, be kept under the complete control of the person walking or exercising said animal. The person walking or exercising the dog or cat shall be responsible for any damage done to the landscaping of any park and shall be responsible for removing all animal excrement deposited by said animal.

C.   Bicycles: Bicycles may be ridden only on the bike trail and shall be walked in all other park areas.

D.   Conduct: No person shall make or assist in making any improper noise, riot, disturbance, breach of silence or diversion intending to breach the peace in a park.

E.   Damage To Property: No person shall mark, deface, injure, destroy, damage, cut, pluck or take away park plantings or property without written approval of the village board. No person shall pour or otherwise discharge any substance or chemicals upon the water, grounds or property of the parks which are injurious to persons or park property. No person shall climb upon any plant, fence, structure or property of a park except such recreational equipment as may be installed for such purpose. There shall be no trespassing on any private property adjacent to park property. Damage or loss to park property of any kind, resulting directly or indirectly from a user, shall be paid for by the user.

F.   Dumping And Littering: No person shall deposit, dump, throw or place coal, ashes, dust, manure, grass clippings, shavings, dead branches or rubbish in or upon any part of a park. Paper, garbage and refuse matter shall be deposited in receptacles provided for that purpose.

G.   Fires: No ground or uncontained fires shall be permitted except that a fire for cooking may be allowed if contained in a proper container manufactured for said use. All ignited coals and fire residue shall be removed from the park.

H.   Games And Sports: No person shall engage in any sport, game, amusement or activity in any park except in such areas designated for that activity. No person shall engage in any activity in a rough or reckless manner that endangers, injures or damages others or property.

All scheduled and authorized events shall take precedence over any other event or activity.

I.   Installation Of Property: No plants or equipment shall be installed or planted in any park without the permiss

A.   Permit Required. It is unlawful to construct, enlarge, repair, alter, or demolish a structure, or to change the occupancy of a building or structure in a manner requiring greater strength, an altered exit way, or sanitary provisions, or to change to another use, or to install or alter any equipment for which provision is made in or the installation of which is regulated by this title, without first filing an application with the building official in writing and obtaining the required permits therefor; except that the permit requirement may be waived, in the sole discretion of the building official, for work costing $500 or less.

B.   Form of Application. Every application for a permit must be submitted on a building permit application form supplied by the Village and said permit fees as described in Title 3 of the Municipal Code, shall be paid prior to permit issuance.

C.   By Whom Application Is Made. Every application for a permit must be made by the owner in fee or lessee of the building or structure, or the agent of either, or by the contractor or licensed engineer or architect employed by such owner or lessee in connection with the work to be done. If the application is made by a person other than the owner in fee, then the application must be accompanied by a duly verified affidavit of the owner, or the qualified person making the application, stating that the proposed work is authorized by the owner in fee and that the applicant is authorized to make such application. The full names and addresses of the owner, lessee, and applicant and of the responsible officers, if the owner or lessee is a corporate body, must be stated in the application. All applications shall have all project applicable contractors listed on the permit.

D.   Description Of Work. Every application for a permit must contain a general description of the proposed work, its location, the use and occupancy of all parts of the building or structure and of all portions of the site or lot not covered by the building or structure, and such additional information as may be required by the building official.

E.   Licensing of Contractors. Plumbing contractors and plumbers shall be licensed by the Illinois Department of Public Health, provide a letter of intent, for the work to be performed, on company letterhead with the raised corporate seal or notarized, copies of current 055 and 058 licenses. The roofing contractors shall have a current license issued by the State of Illinois for the type of work being performed; limited or unlimited license.

F.   Plans and Specifications. Every application for a permit must be made on the form provided by the Village, with the plans and specifications required by the Village for the scope of work of the project. This includes, but is not limited to, boundary survey, topographical survey, site plans, material specifications, permitting by outside agencies, product manuals, and testing reports.

G.   Plan Review and Fees. In the

In this chapter, words in the singular shall include the plural and those in the plural shall include the singular.

BUILDING FRONTAGE: The linear length of a building facing the right of way.

COMPREHENSIVE SIGNAGE PLAN: A plan that indicates the dimensions, design, type, location, and other such pertinent information of all proposed and existing permanent signs for a common development.

FRONTAGE: The length of the property line of a parcel or lot parallel to and along each public street the parcel borders.

PERMIT, PERMANENT SIGN: "Permanent sign permit" means as provided for in this chapter.

PERMIT, TEMPORARY SIGN: "Temporary sign permit" means any sign permit issued for a limited period of time as provided in this chapter.

SIGN: Any identification, description, display, illustration, device or structure illuminated or nonilluminated, which is placed out of doors or in a building in view of the general public, a public right of way or private property under different ownership than the property on which the sign is located and which directs or attracts attention to a product, service, place, activity, person, institution, business or solicitation by means including words, letters, figures, designs, symbols, colors, motion, illumination or noise emission.

SIGN, ADDRESS IDENTIFICATION: "Address identification sign" means a sign containing the address and name of the occupant or business establishment as provided for in this chapter.

SIGN ALTERATION: Any change to a sign which would alter the size of its surface area, its height, foundation, a structural support member, or copy content.

SIGN AREA: The entire area within a single continuous rectangle enclosing the extreme limits of such sign where writing, representation, emblem or other display together with any material or color forming an integral part of the background may be placed; and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display. Sign area shall be the same as the sign face.

SIGN, AWNING/SIGN, CANOPY: "Awning/canopy sign" means a sign painted or otherwise applied to the surface of an awning or a canopy.

SIGN, BANNER/BUNTING: "Banner/bunting sign" means a sign composed of lightweight material either enclosed or not enclosed in a rigid frame with no more than one sign face secured or mounted to a structure so as not to allow movement of the sign caused by wind and atmospheric actions.

SIGN, BILLBOARD: See definition of Sign, Off Premises Advertising.

SIGN, BUSINESS: "Business sign" means a sign which directs attention to a business or profession or to a commodity, service or entertainment that is sold, offered or manufactured upon the premises where such sign is located or to where it is affixed.

SIGN, CHANGEABLE COPY: "Changeable copy sign" means a sign that is structurally arranged so that remova

In all residential districts, the following signs are permitted subject to the requirements set forth in this chapter:

A.   Exempt Signs: Exempt signs.

B.   Temporary Signs: Temporary signs.

C.   Home Occupation Signs: For all home occupations on a lot in a residential district except in the O-1 restricted office district, the following signs shall be allowed:

1.   Minor home occupation: A nonilluminated one square foot sign panel attached to a wall or freestanding address identification permitted under section 15.24.140 of this chapter shall be permitted. This sign panel may be increased to four (4) square feet per the provisions for a conditional use of the zoning ordinance.

2.   Major home occupation: A nonilluminated one square foot sign panel attached to a wall or freestanding address identification permitted under section 15.24.140 of this chapter shall be permitted. This sign panel may be increased to six (6) square feet per the provisions for a conditional use of the zoning ordinance.

D.   Multiple-Family Signs: A single identification sign, either freestanding or wall, may be displayed for multiple-family dwellings, apartments, and for any other similar residential developments. Only the name and address of the building and the name and telephone number of the management thereof may be contained on the sign. The size of the sign shall not exceed:

1.   Nine (9) square feet for multiple-family buildings containing ten (10) dwelling units or less.

2.   Twenty four (24) square feet for multiple-family buildings containing more than ten (10) dwelling units.

3.   No wall sign shall project higher than one story or ten feet (10') above curb level, whichever is lower.

4.   No ground sign shall exceed six feet (6') in height.

E.   Neighborhood Identification Signs: A sign, masonry wall, landscaping, or other similar material and features may be combined to form a display for neighborhood or subdivision identification; provided, that the legend of such sign or display shall consist only of the neighborhood or subdivision name subject to design review recommendation by the planning commission and zoning board of appeals and approval by the village board of trustees. Such sign or entrance feature shall not interfere with required sight distances for both vehicular and pedestrian access. In addition, a guaranteed continuous maintenance program must be approved by the village board of trustees before a permit is granted.

F.   Planned Unit Development (PUD) Signage: Developments approved as planned unit developments (PUDs) may elect to submit as part of the approval process for the PUD a comprehensive signage plan that details all proposed signage and standards. Signage limits and standards shall be set and governed by any approved PUD agreement for the subject property. Any deviations from the standards set in the PUD agreement will require an amendment to the approved PUD agreement.

G.   Exceptional And Unique Signs: Any sign not listed

In all business districts the following signs are permitted subject to the requirements set forth in this chapter:

A.   Exempt Signs: Exempt signs.

B.   Temporary Signs: Temporary signs.

C.   Wall Signs: Wall signs.

1.   Zoning Districts Specified:

a.   Every use in a nonresidential district is permitted wall signage per table 15.24.170 of this section.

b.   Every business use in the restricted office (O-1) zoning district is allowed wall signage per table 15.24.170 of this section. The allowable size may be increased through the issuance by the village of a conditional use permit.

2.   Second Side Facing A Public Or Private Street Or Customer Parking Area: In nonresidential zoning districts, businesses located in corner buildings or buildings with customer parking areas on more than one side shall be permitted additional wall signage as noted in table 15.24.170 of this section.

3.   Projection: Signs suspended from any building shall not project more than twelve inches (12") beyond the front of the building. The bottom of such signs shall not be less than eight feet (8') above the finished grade of the sidewalk. Any sign projecting or suspended from a building shall not exceed ten feet (10') in height from the bottom of the sign to the top of the sign and its location and arrangement shall be subject to approval by the zoning administrator.

4.   Height: No wall sign shall be higher than twenty feet (20') above curb level, and in no case shall a sign project above the roofline in the case of flat roofed structures, or eaves line in the case of a pitched roof structure.

5.   Awnings And Canopies: Signs shall be allowed to cover up to fifty percent (50%) of the surface area of an awning or canopy provided that any sign located on an awning or a canopy shall be affixed flat to the surface thereof, shall be nonelectric and nonflashing, and shall only be illuminated with downcast external lighting. Further, no such sign shall extend vertically or horizontally beyond the limits of the awning or canopy. Awnings and canopies shall have a headroom of not less than seven feet (7').

6.   Maximum Letter Height: The primary signage may be uppercase or a combination of uppercase and lowercase letters, and shall not exceed twenty four inches (24") in letter height for signs having a twenty foot (20') setback. Letter height may be increased six inches (6") for each additional ten foot (10') setback up to a maximum of seventy two inches (72").

7.   Colors: The maximum number of colors per sign shall not exceed four (4).

D.   Freestanding/Ground Signs: For each zoning lot that includes a principal detached building where a setback is provided from all property lines, there shall be permitted signage per table 15.24.170 of this section and as follows:

1.   Sign Faces And Area: No more than two (2) sign faces are permitted per freestanding sign and the maximum sign area for a freestanding sign per this section shall reflect only one face of such a sign

A.   Purpose: The purpose of this section is to provide a procedure by which new developments or subdivisions can preserve the natural country atmosphere that is prevalent throughout the village of Beach Park.

B.   General: Restorative and landscaping measures set forth herein are intended to cover only those areas of the development or subdivision disturbed in the course of making the improvements required by this section. The developer is encouraged to provide additional landscaping throughout the development or subdivision which will complement the existing features and the developed site. Requirements set forth herein are minimal in scope and are not to be assumed as a restriction on landscaping efforts or to replace existing landscaping ordinances. Innovative ideas to naturalize disturbed landscapes are encouraged as long as they meet the overall objective of this section, the requirements of the zoning ordinance and the approval of the village board.

C.   Natural Features Inventory And Tree Survey: The developer shall submit a natural features inventory and tree survey which inventories all trees on the property of the proposed development or subdivision and shows their location with the proposed preliminary plat. The tree survey shall include all trees measuring six inches (6") in diameter measured at four and one- half feet (4.5') from the ground. Based upon the survey, the village board may designate which existing features would add value to the development or subdivision or to the village as a whole, such as trees, watercourses, historic spots, and similar irreplaceable assets, and which of them shall be preserved in the design of the development or subdivision. No trees shall be removed from any development or subdivision, nor any change of grade of the land effected, until approval of the preliminary plat has been granted. All trees required by the village board to be retained shall be guarded and preserved by use of a "no activity zone" with a minimum radius in feet equivalent to the drip line of the tree. The "no activity zone" shall be clearly marked with tree protection fencing, and all trees, where required, shall be welled and protected against change of grade.

D.   Ground Cover: The village board shall require that all disturbed areas within the development or subdivision, including unimproved areas within the dedicated right of way of streets and other public use areas, shall be restored by placing a minimum of four inches (4") of topsoil, graded, and seeded or sodded, in a manner approved by the village engineer. The village board may require additional topsoil depths in designated areas. Consideration shall also be given to restoring select areas with the natural growth of wildflowers, ground cover or similar material.

E.   Tree Replacement: Trees required to be replaced shall be replaced with species selected from the approved listing of landscape materials on file with the village planner. If nine (9) or fewer trees a

The following ordinance violations may be heard in an administrative adjudication as set forth in this chapter and shall carry the following fines:

Where a new liquor license has been requested between the months of January 1 and June 30, the initial fee shall be prorated to fifty percent (50%) of the initial fee; however, that proration will not apply to the nonrefundable application fee.

A.   Class A Licenses: The initial fee for the first license year under this chapter or any part thereof, shall be as provided in the fee schedule of the village, as amended, and shall permit the holder to sell intoxicating liquors to be consumed only on the premises so licensed, and in the original package for consumption off the premises. Any display area of alcoholic liquor for retail sale in the original package shall not exceed eighteen (18) square feet on the premises so licensed, and no advertising of retail sales of package goods shall be carried on, other than the price of the package being attached to the display area. The annual renewal fee for such licensee shall be as provided in the fee schedule of the village, as amended.

B.   Class B Licenses: Holders of a class A, G, H or J license may apply for a class B license to operate, outside the structure designated for such sale, upon those premises, a beer garden, or area for use of umbrella, or cabana type structures for serving alcoholic liquors at retail. Such license may be issued pursuant to written application, after a hearing before the liquor commissioner and payment of an additional annual fee as provided in the fee schedule of the village, as amended.

C.   Class C Licenses: The initial fee for the first license year or any part thereof, shall be as provided in the fee schedule of the village, as amended and shall permit the holder to sell at retail but not for consumption on the premises where sold, alcoholic liquor in the original package, and without any limitation of inside display area or advertising by a person so engaged in the retail sale of alcoholic liquor. The annual renewal fee for such licensee shall be as provided in the fee schedule of the village, as amended.

D.   Class D Licenses: A fee shall be charged as provided in the fee schedule of the village, as amended. A class D license permits the sale of liquor during a twenty four (24) hour period on the licensed premises and shall only be available to not for profit organizations registered with the state of Illinois. An unlimited number of class D permits may be issued, but no organization shall be granted more than three (3) permits during the calendar year without permission from the liquor commissioner.

E. Class F Licenses: The initial fee for a class F license shall be as provided in the fee schedule of the village, as amended and shall permit the holder to sell, at retail sale, but not for consumption on the premises, beer and wine in the original package only. No such sale shall be made on behalf of the licensee by an employee or agent who is under the age of twenty one (21) years. No class F license holder shall stock, store or otherwise maintain on, or in, the

A.   Peddling: No person shall peddle alcoholic liquor in the village.

B.   License To Sell: No person shall sell or permit the sale, use or consumption of any alcoholic liquors in the village without first having obtained a license to sell such liquors in each location, place, or premises wherein it is proposed by a prospective licensee to sell such liquors.

C.   Bringing Alcohol On The Premises: Except as otherwise provided in this chapter, cabarets, nightclubs, dance halls, and places in which entertainment is provided and which are not part of a premises licensed hereunder, are prohibited from allowing patrons to bring upon the premises alcoholic beverages to be there served or consumed by said patrons.

1.   Where two (2) or more locations, places or premises are under the same roof, or, are located at one street address, a separate license shall be obtained for each such location, place or premises, unless all rooms in which it is intended to serve alcoholic liquors are directly connected or are adjacent to, and accessible to each other without leaving the building. Each licensee shall define with certainty the room or rooms in which liquor is to be sold.

2.   The provision of subsection C1 of this section shall not apply to locations, places or premises for which a class H license or class I license is required, is sought, or has been issued. In such cases the class H or I license shall be sufficient for all such locations, places or premises so situated, or any part thereof.

D.   Selling Alcohol At A Place Other Than That Listed On The License: No person licensed to sell liquor under any license issued by the liquor commissioner shall be permitted to sell, give away, or otherwise dispose of alcoholic liquor at any place other than the place specifically described in his license whether such place be in the same building or not; provided, that nothing herein contained shall be so construed as to prevent any hotel operator, or motel operator licensed under this chapter from serving alcoholic liquor to registered guests of the hotel, or motel in any room or part of the hotel or motel. However, such liquor so served shall be kept in and served from a licensed location, place or room in said hotel or motel. The foregoing provisions shall apply only to hotels and motels conducted and maintained as such.

E.   Sales: No licensee under this chapter shall sell or offer for sale alcoholic liquor to any person under the age of twenty one (21), or to any intoxicated person, or to any person known by him or her to be under legal disability or in need of mental treatment, or harbor or permit any intoxicated persons to loiter on the premises described in the license or permit any conduct which shall tend to disturb the peace and quiet of the neighborhood, or the premises. No holder of a retail liquor dealer's license or his agent or employee shall deliver any beer, wine or other alcoholic liquor to any place off the premises of the licensee unless a

A.   Information Required: Persons who want to conduct a special event upon public or private property shall file an application, available from the village hall, with the village clerk. Except for residential block parties, applications shall be submitted not less than thirty (30) days prior to the special event. Applications for a residential block party shall be submitted not less than fourteen (14) business days prior to the event. Such application shall include the following information:

1.   The name, address and telephone number of the sponsor and the name, address and telephone number of the sponsor's representatives who will manage or direct the special event and who will be present during the event;

2.   The dates and hours of the special event;

3.   The exact location of the special event; if the special event is a parade, the route to be followed shall be provided;

4.   The nature of the event;

5.   The activities to be conducted;

6.   The estimated number of persons who will attend;

7.   Whether tents or other temporary structures will be used;

8.   Whether or not electricity and/or water will be needed and the manner in which they will be provided;

9.   Whether toilets or other sanitary facilities are to be provided;

10.   Whether barricades, cones or other village equipment is being requested and, if so, what equipment;

11.   Statement on what litter facilities will be provided, litter control plans and litter cleanup;

12.   Statement as to other types of licenses and permits, including a daily liquor permit, that have been or will be applied for; and

13.   Insurance obtained or to be obtained for the special event.

B.   Review And Issuance: Upon receipt of a completed application for a special events permit, the village administrator or his designee shall immediately forward copies of the application to the appropriate village staff to determine compliance with applicable village ordinances, the effect of the event on village resources and the anticipated effect of the event on public health or safety. Within fourteen (14) days after receipt by the village administrator, or within five (5) business days in the case of a residential block party, the respective department staff or their designees shall report their findings to the village administrator or his designee.

Within twenty one (21) days after the receipt of a completed application, or seven (7) business days in the case of a residential block party, the village administrator shall consider the application and direct staff to notify the applicant that the village:

1.   Will grant the permit contingent upon submission of evidence of adequate insurance as determined by the village and upon payment of the estimated cost of additional police and/or public works services required by subsection 5.24.050B of this chapter;

2.   Will deny the permit based upon the criteria set forth in subsections 5.24.050A and/or B of this chapter or subsection C of this section; o

(A)   Creation. On March 3, 2022, the position of Fire Marshal and Fire Chief is hereby created.

(B)   Definition. The position of "Deputy Fire Chief/Fire Marshal" shall be defined as an individual who will assist in the development, implementation and coordination of various programs within an assigned area of responsibility.

(C)   Appointment. The Village President, with the advice and consent of the board of trustees, shall appoint one individual to the position of Deputy Fire Chief/Fire Marshal. Upon an appointment to said position, the individual shall be required to maintain his or her residence within a twenty (20) mile radius of the corporate limits of the Village. In the event an individual resides outside the twenty (20) mile radius at the time of his/her appointment, the individual shall have six (6) months to relocate his/her residence within the prescribed radius. The Fire Chief shall have the authority to require the individual to provide proof of residency.

(D)   Qualifications. The Deputy Fire Chief/Fire Marshal shall be chosen on the basis of executive and administrative qualifications and capabilities as described herein, without consideration of a candidate's race, sex, political or religious beliefs. The qualifications and capabilities to be considered include, but are not limited to, the following:

1.   Knowledge of:

(a)   Operational characteristics, services, and activities of a comprehensive fire suppression, prevention, and emergency medical services program.

(b)   Principles, practices, and procedures of fire prevention, suppression, and emergency medical services.

(c)   Principles, practices, techniques, and procedures of a modern firefighter.

(d)   Mechanical, chemical, and related characteristics of a wide variety of flammable and explosive materials and objects.

(e)   Pertinent federal, state and local laws, codes and regulations including those pertaining to fire prevention.

(f)   Principles and practices of supervision and training.

(g)   Department policies, rules and regulations.

(h)   Principles of municipal budget preparation and control.

(i)   Local geography including the location of water mains and hydrants and the major fire hazards of the Village.

(j)   Principles of advanced first aid and CPR.

2.   Capabilities:

(a)   Manage and coordinate the work assignments.

(b)   Select, supervise, train, and evaluate staff.

(c)   Interpret and explain department fire suppression, prevention and emergency medical policies, and procedures.

(d)   Conduct training on fire prevention.

(e)   Prepare clear and concise operational work records and reports.

(f)   Properly interpret and make decisions in accordance with laws, regulations, and policies.

(g)   Make technical and emergency decisions in accordance with laws, regulations, and policies.

(h)   Conduct thorough fact finding investigations and enforce regulations firmly, tactfully, and impartially.

(i)   Communicate clearly and concisely

It is hereby declared to be a nuisance:

(A)   To so negligently conduct any business or use any premises as to create such an offensive smell as may taint the air, and render it unwholesome or disagreeable to others. (Ord. 15, 7-18-1940)

(B)   To deposit any night soil, dead animal, or other filthy offensive or noisome substance upon any lot, street, alley, highway, park or other place.

(C)   To obstruct or encroach upon public highways, private ways, streets, alleys and commons. (Ord. 15, 7-18-1940; amd. Ord. 95-956, 9-21-1995)

(D)   To store, keep or maintain outside of a closed building any junk, parts, machinery or equipment not in an operable condition, or motor vehicle not in an operable condition, where such inoperable motor vehicle is an actual danger or detriment to life, safety, health, or peaceful enjoyment of the property of surrounding landowners; provided, however, that this provision shall not apply to a properly licensed junkyard or other permitted outdoor storage use which is in full compliance with all of the ordinances of the village governing the same.

(E)   To own, maintain or keep a dwelling unit or place of business which is unfit for human habitation or dangerous or detrimental to the life, safety or health because of lack of repair, violations of the fire prevention code of the village, violations of the building code of the village, defects in the plumbing system, lighting or ventilation, the existence of contagious diseases or unsanitary conditions likely to cause sickness among persons residing in said premises or residing in proximity thereof.

(F)   To produce or permit to be produced, whether on public or private property, any offensive noise to the disturbance of the peace or quiet of any person residing in the vicinity. (Ord. 745, 7-19-1984; amd. Ord. 95-956, 9-21-1995)

(G)   To allow or direct whether negligently, intentionally or wilfully, the flow or discharge of water from one's property onto the property of an adjacent landowner whenever said water could reasonably be directed through the plumbing or sewer systems of the village. (Ord. 762, 4-18-1985; amd. Ord. 95-956, 9-21-1995)

(H)   To interfere with the orderly conduct of business by using a strike, picket, or other assembly permit in any one or more of the following ways:

1.   Blocking of vehicular traffic within the corporate limits of the village.

2.   Vandalism or damage to private or public vehicles, or other personal or real property within the corporate limits of the village.

3.   Consumption of alcoholic beverages or controlled substances at a strike or picket site within the corporate limits of the village.

4.   Use of verbal or physical threats or infliction of bodily injury upon the persons or property of any individual during a strike, picket or other assembly within the corporate limits of the village.

5.   Erection of any building, shed or structure at a strike or picket site which fails to conform to building or zoning codes ado

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)   When a landscape plan is required by this Zoning Ordinance, the landscape plan shall include:

1.   Title block including the name of the plan, designer's name, scale of the plan, north point, and date of the plan;

2.   List all types and varieties of plant material to be installed;

3.   Number (quantity) of each type of plant material to be installed;

4.   Key numbers on the landscape plan to identify where each type of plant material is to be installed;

5.   Contouring, shaping, and preparation of landscape areas;

6.   Landscape plans shall be required for all subdivisions in all districts;

7.   Use and placement of non-plant elements within the area to be landscaped;

8.   A complete cost estimate for landscape construction and installation from landscape architect and/or contractor; and

9.   The landscape plan shall also incorporate existing significant trees, three inches (3") in caliper or larger and other existing natural vegetation which is to be preserved on the site.

(B)   The minimum landscape requirements may include natural fences.

(C)   Landscape materials shall be selected and sited to produce a hardy and drought- resistant landscape area. Selection shall include: consideration of soil type and depth; spacing for opacity; exposure to sun, wind, and water; slope and contours of the site; building walls, overhangs, and compatibility with existing native vegetation preserved on site.

(D)   Screening And Bufferin: Screening shall be used to reduce or eliminate the visual impacts of the following:

1.   Service areas and facilities, including trash containers and loading areas;

2.   Storage areas;

3.   Off-street parking;

4.   At and above grade electrical and mechanical equipment such as transformers, heat pumps, and air conditioners; and

5.   Other areas or uses as required by this title.

6.   Screening may be accomplished by sight-obscuring plant materials (generally evergreens), earth berms, walls, fences, or other design techniques. Buffering shall be used to mitigate adverse visual impacts, dust, noise, or pollution and provide compatibility between dissimilar adjoining uses. Special consideration will be given to buffering and screening between residence and business and/or industrial uses in visually sensitive areas.

(E)   Planting And Maintenance:

1.   No sight-obscuring plant material exceeding three feet (3') in height, at maturity above street grade, shall be located within a triangular area measured twenty-five feet (25') from the intersections of any two (2) street right-of-way lines in compliance with section 10-4-8 of this Zoning Ordinance. Existing trees located within the twenty-five foot (25') triangular area of any such intersections shall be maintained to allow eight feet (8') of vision clearance below the lowest hanging branches in areas facilitating vehicular traffic.

2.   Plant material, including deciduous and evergreen trees, shall not cause a hazard. Landscape plant material overhanging

It shall be unlawful for any person to make, continue or cause to be or continue any loud, unnecessary or unusual noise or any noise which annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the village. The following are examples of noises prohibited by this section:

(A)   The sounding of any horn or signaling device on any automobile, motorcycle, motor bus or other vehicle on any street or place in the village except as a danger warning or the creation by means of any such signaling device, of any unreasonably loud or harsh sound, or the sounding of any horn or signaling device for an unnecessary and unreasonable period of time or the use of any signaling device, except one operated by hand or electricity or the use of any horn, whistle or any device operated by engine exhaust, and the use of any such signaling device when traffic for any reason is held up.

(B)   The operation or running of an engine or refrigeration unit in any motor vehicle for unreasonably long periods of time while said vehicle is standing or parked, especially between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M., but not limited to the foregoing time period.

(C)   The repairing, maintenance or working upon motor vehicles or trailers in the village or on private property within the village, especially between the hours of nine o'clock (9:00) P.M. to seven o'clock (7:00) A.M. but not limited to the foregoing time period. This restriction does not apply to motor vehicle repair shops that are zoned for such purpose under the zoning ordinance of the village.

(D)   Operation of any vehicle sound amplification system which can be heard outside the vehicle from seventy five (75) or more feet when the vehicle is being operated upon a public way, unless such system is being operated to request assistance or warn of a hazardous situation. (Ord. 1173, 2-11-2013)

(A) General . Each mobile food service establishment that is permitted to operate in the village shall be operated in strict compliance with all applicable federal, state, and local laws, rules and regulations, ordinances, and resolutions specifically including, but not limited to, all zoning, building, health, fire and safety regulations, and all other provisions of this code. If a conflict arises between applicable regulations, the strictest regulation shall control.

(B) Definitions .

MOBILE FOOD SERVICE ESTABLISHMENT (MFSE). Any vehicle, cart or trailer, whether motorized or nonmotorized that serve, dispense, or sell food or beverages for retail purchase by consumers primarily for immediate human consumption. MOBILE FOOD SERVICE ESTABLISHMENTS shall be divided into the following categories:

(a) CLASS 1. MFSE offering only prepackaged frozen foods.

(b) CLASS 2. MFSE offering hot or cold prepackaged and factory sealed foods from temperature-controlled containers and dispensing beverages.

(c) CLASS 3. MFSE offering foods that are cooked, prepared, or assembled within the MFSE that do not meet the standards for Class 1 or Class 2. A Class 3 MFSE shall include those offering foods cooked, prepared, or assembled off-site and in accordance withing division (C)(4) below.

(C) Sanitation, inspections, and operations .

(1)   All MFSEs shall be kept in a clean and sanitary condition. The village may make or cause to be made such inspections as may be necessary to ensure all MFSEs are kept in a clean and sanitary condition. The village shall be permitted to enter any MFSE at any reasonable time for the purpose of inspecting to determine whether the operator of the MFSE has complied with the terms of this section. Additionally, the operator of the MFSE shall, on request, provide the village with the records of the MFSE to obtain information pertaining to food and supplies purchased, received, or used. Denial of access to the MFSE or to said records shall be deemed an interference with the village’s operations, which the village may revoke the license issued to the MFSE for failure to comply with this section and this code.

(2)   All food storage, preparation and distribution of food, and vehicle equipment must meet applicable Illinois Department of Public Health standards and requirements, as well as standards to be determined by the village.

(3)   All food, beverages, ice and other materials offered to the public or used in preparation of food or beverages to be sold must be obtained from an approved commercial source.

(4)   All off-site food preparation and food storage must be conducted at a properly licensed food preparation establishment or food service establishment. Food may not be prepared in a residence or other unpermitted or unlicensed facility.

(5)   All waste liquids, garbage, litter and refuse generated by a MFSE or its customers shall be kept in leak-proof, non-absorbent containers which shall be kept covered with tight-fitting lid

(A) Concrete, paver and asphalt sub-base.

(1)   A four-inch thick base consisting of clean graded gravel, crushed stone, or recycled concrete material passing a three-fourths inch sieve shall be used to provide a properly prepared sub-base for all flat work. Materials shall be compacted with a mechanical vibrator to the required depth. This applies to exterior and interior flatwork for concrete installations.

(2)   The use of pea gravel as a sub-base material will not be allowed except in those areas where the material is completely contained to prevent it from spreading.

(3)   Driveway approaches in the village right-of-way are required to be concrete. Asphalt approaches currently existing shall be replaced when they are deemed to be in disrepair by the Building or Public Works Departments or when a driveway is being replaced. Concrete approaches shall be a minimum thickness of seven inches with a seven- inch compacted sub base using material as specified in division (A)(1) above.

(B) Paved driveways required.

(1)   All driveways, parking areas and parking lots shall consist of a paved surface such as concrete, asphalt (bituminous paving), stamped concrete, brick pavers or similar. Gravel is not permitted for driveways, parking areas and parking lots irrespective of the zoning district in which it is located.

(2)   Existing parking surfaces shall have 12 months after passage of Ordinance, No. 8-97 to be upgraded.

(C) Streets and alleys to be maintained.

(1)   Provisions shall be made to provide for regular cleaning and sweeping as necessary of all mud and debris arising from construction activities and deposited on the public way.

(2)   If required by the village a cash bond of not less than $500 shall be deposited with the village to ensure that all mud and debris associated with construction is removed from the public way,

(D) Sidewalks, pavement.

(1)   No public sidewalk shall be obstructed in the course of building operations without a special permit from the Building Commissioner.

(2)   Whenever removal of a sidewalk is required, such work shall not be done until a special permit is obtained.

(3)   Whenever any pavement, curb, parkway, sidewalk or other public structure is damaged as a result of construction or demolition activity on the site, the same shall be restored by the applicant to a condition as good and serviceable as existed prior to the issuance of the permit.

(4)   All public walks shall have a minimum thickness of five inches of concrete. The sub-base for public walks shall be a minimum of five inches of compacted materials as specified in division (A)(1) above. Public walks between the driveway approach in the public right of way and the driveway on the property shall have a seven-inch compacted sub-base and seven inches of concrete to match the requirements of the approach in division (A)(3) above.

(E) Debris to be removed.

(1)   Adequate facilities shall be kept on site at all times to contain all constricti

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.   Generally: A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:

1.   Substantially annoy, injure or endanger the comfort, health, repose or safety of the public; or

2.   In any way render the public insecure in life or in the use of property; or

3.   Greatly offend the public morals or decency; or

4.   Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way.

B.   Public Nuisances Affecting Health: The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of subsection A of this Section:

1.   All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public;

2.   Carcasses of animals, birds or fowl not buried or otherwise disposed of in a sanitary manner within twenty four (24) hours after death; (1976 Code § 12.02)

3.   Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packing material, abandoned or inoperable motor vehicles, parts, junk or machinery, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed; (Ord. 10-78, 4-20-1978)

4.   All stagnant water in which mosquitoes, flies or other insects can multiply;

5.   Garbage cans which are not fly-tight;

6.   The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash or industrial dust within the Village limits in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property;

7.   The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, creamery or industrial wastes or other substances; or any act in violation of the Environmental Protection Act 1 ;

8.   Any use of property, substances or things within the Village emitting or causing any foul, offensive, noisome, nauseous, noxious or disagreeable odors, effluvia or stenches extremely repulsive to the physical senses of ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the Village;

9.   All abandoned wells not securely covered or secured from public use;

10.   Any barn, stable or shed used for keeping animals;

11.   Any obstruction in or across any watercourse, drainage ditch or ravine;

12.   The deposit of garbage, rubbish or any offensive substance on any street, sidewalk or public place, or on any private property, except as may be permitted by ordinance 2 ;

13.   Any rank growth of weeds on private property 3 .

C.   Public Nuisances Offending Morals And Decency: The following acts, omissions, places, conditions and things are hereby specifically dec

A.   The following rules and regulations of the Illinois Pollution Control Board are hereby adopted and incorporated by reference into the provisions of this Chapter, copies of which are available at the office of the Village Clerk:

1.   State of Illinois, Pollution Control Board, Air Pollution Rules and Regulations;

2.   State of Illinois, Pollution Control Board, Water Pollution Rules and Regulations;

3.   State of Illinois, Pollution Control Board, Solid Waste Rules and Regulations; and

4.   State of Illinois, Pollution Control Board, Noise Rules and Regulations. (1976 Code § 15.041)

Said Noise Rules and Regulations are hereby amended by deleting the exception application of Rules 202 through 207 of said Noise Regulations as applies to sound emitted from equipment being used for construction and by further modifying said rules to provide that Rules 202 through 207 shall apply to sound emitted from equipment being used for construction from the hours of seven o'clock (7:00) A.M. to seven o'clock (7:00) P.M. (Ord. 77-77, 8-11-1977)

B.   The pollution control officer or his designated deputy shall administer the provisions of the above-stated rules and regulations throughout the Village.

C.   If any provisions of the above-stated rules and regulations are in conflict with any ordinance of the Village, the more restrictive provision shall govern. (1976 Code § 15.041)

A.   No person shall be charged with a violation of the provisions of this chapter unless the complainant requests a citation be issued, except, if a violation of prohibited noise is committed in the presence of a village police officer or code enforcement officer, he or she shall have the authority to issue any appropriate citation or initiate any proceedings necessary to protect the safety or health of the public.

B.   Should the person making or causing to be made the unlawful noise emission be unavailable or unwilling to comply with a request to abate the noise levels, or should the noise level, once abated, return to an excessive level, there shall be a citation of the responsible person or persons, and the violation shall be prosecuted as any other ordinance violation. Enforcement personnel shall have the authority to direct the immediate termination of any noise source determined to be excessive. (2016 Code)

For the purpose of this article, the following words or terms shall have the meanings ascribed to them in this section:

AGGRAVATED NUISANCE PROPERTY: A lot of record or parcel of real property upon which two (2) or more of the nuisance activities listed below have occurred within a six (6) month period:

A.   Homicide.

B.   Kidnapping.

C.   Criminal housing management.

D.   Possession of explosives or incendiary devices.

E.   Any offense involving unlawful use of weapons.

F.   Mob action.

G.   Child pornography.

H.   Any controlled substance violation.

I.   Felony production, sale, distribution or possession of cannabis.

J.   Gang activity violations as described in the streetgang terrorism omnibus prevention act.

K.   Unlawful contact with a gang member.

L.   Violation of the methamphetamine control and community protection act.

CHIEF OF POLICE: The chief of police of the village of Berkeley or the chief of police's designee.

CONTROL: The right to permit or deny entry onto property, the right to direct a person to leave property or the right to govern conduct that occurs on property.

NUISANCE PROPERTY: A lot of record or parcel of real property upon which three (3) or more of the nuisance activities listed below occurred within a six (6) month period:

A.   Unlawful assembly.

B.   Assault.

C.   Battery.

D.   Unlawful use of weapons or firearms.

E.   Unlawful discharge of a firearm.

F.   Prostitution.

G.   Soliciting or patronizing a prostitute.

H.   Keeping a house of prostitution.

I.   Pandering.

J.   Obscenity.

K.   Sexual assault and sexual abuse.

L.   Public indecency.

M.   Disorderly conduct.

N.   Unlawful production, sale, distribution, possession, or use of cannabis.

O.   Illegal gambling.

P.   Keeping or maintaining a place of illegal gambling.

Q.   Unlawful possession of gambling devices.

R.   Arson.

S.   Criminal damage to property.

T.   Illegal consumption, sale or possession of alcohol.

U.   Theft.

V.   Interference with a public/peace officer.

W.   Harassment.

X.   Indecent exposure.

Y.   Zoning violations.

Z.   Loitering.

AA.   Unlawful possession, sale, distribution, or use of fireworks.

BB.   Aiding and abetting.

CC.   Conspiracy.

DD.   Trespass.

EE.   Drug paraphernalia.

FF.   Violation of noise ordinance.

GG.   Parking on the lawn.

HH.   Junk vehicles.

II.   Unlicensed vehicles.

JJ.   Occupancy violations.

KK.   Garbage, junk or trash violations.

LL.   Vandalism, graffiti.

MM.   Violations of any animal regulations.

NN.   Any misdemeanor or felony violation of the Illinois criminal code of 2012 1 , as amended.

OO.   Illegal dumping, 720 Illinois Compiled Statutes 5/47-10 and 5/47-15.

PERMIT: To allow, consent to, acquiesce by failure to prevent, suffer or expressly assent or agree to the doing of the act.

PERSON: Any entity capable of holding a legal or equitable interest in real property.

PERSON IN CHARGE: Any person in, or with the right of, actual or constructive poss

(A) Purpose. Planned developments are a distinct category of special use permits intended to allow flexibility in the application of the standards of the Zoning Code for significant development proposals that provide amenities to the community which are not required from conventional development applications. The planned development process seeks to achieve the following specific purposes:

(1)   Encourage creativity, flexibility, and environmental sensitivity in the development of land and the design of structures.

(2)   Provide for the efficient use of land to facilitate a more effective arrangement of land uses, structures, utilities, circulation systems, parking, and other facilities.

(3)   Facilitate development that is consistent with city land use policies, particularly in areas designated for potential redevelopment.

(4)   Encourage development that preserves and enhances the natural features, environmental resources, watercourses, and topography of the site.

(5)   Facilitate the provision of public and private open space, recreational facilities, and other amenities that will enhance the character of the site.

(B) Applicability.

(1) Special use permit standards. A planned development shall be granted in accordance with the procedures, standards, and requirements of this section and § 1252.03(C) (Special Use Permit). The ordinance granting or amending the planned development as a special use may depart from the procedures, standards, and requirements of this Zoning Code.

(2) Zoning district standards. A planned development may be granted as a special use in accordance with Chapter 1244 (Uses). The requirements of the underlying zoning district shall apply to the planned development unless exceptions from these requirements are specifically granted in the ordinance approving the planned development.

(3) Subdivision plats and building permits. A planned development must be granted prior to the applicant receiving a subdivision plat in accordance with Chapter 1220 (Subdivision Regulations) or a building permit in accordance with Chapter 1443 (Permits and Certificates of Occupancy).

(C) Procedure. An application for a planned development shall follow a four-step procedure, which includes a required pre-application consultation, an optional concept plan consultation, a required preliminary plan, and a required final plan.

(1) Pre-application consultation. The purpose of the required pre-application consultation is to allow the applicant to receive advice and assistance from the Zoning Administrator and appropriate city staff prior to preparation of the optional concept plan or required preliminary plan. Action by the Zoning Administrator shall have the following process:

(a)   Prior to filing a formal application for a planned development, the applicant shall arrange a pre-application consultation with the Zoning Administrator to discuss the proposed planned development.

(b)   The Zoning Administrator and appropriate city staff sha

ACCESSORY STRUCTURE. A structure located on the same lot as a principal structure that is subordinate in structure and use to the principal structure.

ACCESSORY USE. A use located on the same 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, width, floor area, or impervious coverage.

ADJACENT. Property or right-of-way that touches a lot line of the subject property. Properties shall not be considered adjacent to one another if a public alley or other right-of-way separates the properties.

ADULT CABARET. An establishment that features any of the following: persons 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, 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. Includes ADULT CABARETS , ADULT STORES , ADULT THEATERS , and other similar uses.

ALLEY. A narrow right-of-way typically located at the side and rear of lots that provides a means of access to adjacent properties.

ALTERATION. A change in the supporting members of a building or structure, such as bearing walls, partitions, columns, beams, or girders, or a substantial change to the roof or exterior walls.

ANIMAL BOARDING. An establishment where pet animals are temporarily boarded. ANIMAL BOARDING does not include ANIMAL HOSPITALS .

ANIMAL HOSPITAL. An establishment for the care and treatment of ill or injured pet animals that may be temporarily boarded during the period of care and treatment.

ANTEN

(A) Statement of policy.

(1)   It is the policy of the City that all employees engage in the highest possible professional standards and that all persons be treated fairly, civilly and with respect. To this end, the City will not tolerate or condone discrimination or harassment on the basis of race, color, religion, sex, gender, gender-identity, gender-expression, sexual orientation, genetic information, national origin, age, physical or menial disability, pregnancy, childbirth (or common conditions related thereto) ancestry, marital status, military status, arrest record, unfavorable discharge from military service, order of protection status, citizenship status, or any other classification prohibited under federal or state law. Sexual misconduct is also prohibited.

(2)   The City will neither tolerate nor condone discrimination, harassment or sexual misconduct by employees, managers, supervisors, elected officials, co-workers, or non-employees with whom the City has a business, service, or professional relationship. EMPLOYEE for purposes of this policy includes any individual performing services for the City, a contractor, a consultant, an apprentice, an applicant for apprenticeship, an unpaid intern or volunteers. Retaliation against an employee who complains about or reports any act of discrimination, harassment or misconduct in violation of this policy is prohibited. Retaliation against any employee who participates in an investigation pursuant to this policy is likewise prohibited. The City is committed to ensuring and providing a workplace free of discrimination, harassment, sexual misconduct and retaliation. The City will take disciplinary action, up to and including termination, against an employee who violates this policy.

(B) Definition of sexual harassment. This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, which currently defines sexual harassment as:

(1)   Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

(a)   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,

(b)   Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

(c)   Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

(2)   Conduct which may constitute sexual harassment includes:

(a)   Verbal: sexual innuendos, suggestive comments, insults, humor, and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates, or statements about other employees, even outside of their presence, of a sexual nature.

(b)   Non-verbal: suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, "catcalls", "smacking" or "k

No person shall make or cause to be made loud, unnecessary or unusual noises or noises which annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others in the city. Actions so prohibited include but are not necessarily limited to the following:

(A) Horns and signaling devices. The sounding of any horn or signaling device on an automobile, motorcycle, bus or other vehicle on a street or public place of the city, except as a danger warning; the creation, by means of any signaling device, of any unreasonably loud or harsh sound; the sounding of any device for an unnecessary and unreasonable period of time; the use of any horn, whistle or other device operated by engine exhaust; and the use of any signaling device when traffic is for any reason held up;

(B) Radios, musical instruments and phonographs; vehicle sound devices.

(1)   The playing, use or operation, of a radio receiving set, musical instrument, phonograph, tape cassette player, stereo, boom box or kicker box, radio and/or tape cassette player or other machine or device, either in a stationary position, which is capable of producing or reproducing sound or receiving broadcast sound in a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants, or at any time with louder volume than is necessary for convenient hearing for the persons that are in the room, area or chamber in which the set, instrument, machine or device is operated and who are voluntary listeners thereto;

(2)   The playing, using or operating or permitting to be played, used or operated of any radio, tape recorder, cassette player or other device for receiving broadcast sound or reproducing recorded sound if the device is located:

(a)   On the public way; or

(b)   In any motor vehicle on the public way; and if the sound generated by the device is clearly audible to a person with normal hearing at a distance greater than 75 feet. This section shall not apply to any person participating in a parade or public assembly for which a permit has been obtained pursuant to city ordinances.

(3)   Any person who violates this section shall be subject to a fine of up to $750 pursuant to § 666.99 of this code.

(4)   A motor vehicle that is used in violation of this section shall be subject to seizure and impoundment. The owner of record shall be liable to the city for a penalty of $500 in addition to fees for the towing and storage of the vehicle.

(5)   Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violations, if there is a person, of the fact of the seizure and the owner’s right to request a preliminary hearing to be conducted under this sectio

Outdoor patio dining.

(A)   Any establishment that occupies a minimum of 5,500 square feet and that serves food may apply to the Liquor Control Commissioner for issuance of a special permit or license for outdoor patio dining.

(B)   The establishment, if serving alcohol, must be a holder of a Class C or Class D liquor license issued by the city.

(C)   The patio dining area must be used as an area where food is consumed and may be in conjunction with alcohol however, may not be used as an area where only alcohol would be served.

(D)   The maximum square footage of the outdoor patio dining area may not exceed 30% of the square footage of the interior of the establishment.

(E)   Establishments applying for the outdoor patio dining permit/license are required to pay $50 plus $.50 per square foot to the City Collection and Licensing Office as otherwise provided in these Codified Ordinances.

(F)   The permit/license shall be effective from January 1st to December 31st each year. The hours of operation shall be in accordance to the establishment's hours of serving food. However, the patio dining area shall not be in operation no later than 12:00 a.m. Sunday thru Thursday and until l:00 a.m. Fridays and Saturdays. On Memorial Day, Labor Day, and the 4th of July the hours shall be extended until 1:00 a.m.

(G)   Any licensee shall erect a privacy fence or similar structure to cordon off the area known as the patio dining area. Any structure erected in this regard shall be in conformity with the Planning & Zoning Code of the city, however no chain link fencing will be allowed.

(H)   Music from inside the establishment will be allowed to be heard on the patio providing the sound level complies with the requirements of § 660.02(B) - Prohibited Noises. Televisions also will be allowed, but the sound level must also comply with the requirements of § 660.02(B) - Prohibited Noises.

(I)   No special lighting device shall be constructed in the patio dining area without the permission and inspection of the Building Department.

(J)   Awning/covering should be of solid material and cover the length of the patio. Installation to be approved by the Building Department. Fans may be installed as part of the awning/covering.

(K)   Patio floor shall be of hard surface i.e., concrete or brick material. There shall be an enclosed area that prohibits unrestricted access to the patio from the public way. The patio shall have hot and cold running water available by outlets on the outside of the building. The area shall be always kept clean, whether it is swept and or flushed down daily to prevent accumulation of food or grease from spillage of any kind.

(L)   No food shall be prepared outside of approved kitchen facilities.

(M)   Dinnerware may be of the plastic variety, condiments to be served by way of plastic bottle or package.

(N)   Alcohol that is served on the patio may be in bottle or glass.

(O)   There is NO SMOKING in the patio dining area. If the establ

(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DRIVE-IN RESTAURANT. A restaurant where meals, sandwiches, cold drinks, beverages, ice cream or other food is served directly to or is permitted to be consumed by patrons in automobiles or other vehicles parked on the premises.

PUBLIC PLACE. The entire premises occupied by a drive-in restaurant or by the places of business included in a shopping plaza with the drive-in restaurant, together with the parking areas provided adjacent thereto, and as a part thereof, and the means of ingress thereto and egress therefrom.

(B) Regulations.

(1)   The owner, lessee or operator of a drive-in restaurant shall maintain quiet and good order upon the premises and shall not permit disorderly or immoral conduct or littering thereon or any noise or nuisance in the parking lot area of the drive-in restaurant whereby the quiet and good order of the neighborhood are disturbed.

(2)   No person in a public area shall race the motor of a motor vehicle, needlessly bring to a sudden stop or start a motor vehicle or cause to be made any other loud or unseemly noise, nuisance or disturbance whereby the quiet and good order of the public area or the surrounding neighborhood are disturbed.

(3)   No person shall bring onto a public area any alcoholic beverage and consume or attempt to consume an alcoholic beverage.

(4)   No person shall enter the premises of a drive-in restaurant in a motor vehicle, park the vehicle and then leave the premises, without obtaining the consent of the owner or operator of the restaurant. The parked vehicle may be impounded until lawfully claimed or disposed of in accordance with state statutes.

(5)   No person shall enter a public place in a motor vehicle and use the public place for cruising, racing, as a short cut to another street or to annoy or endanger any person or vehicle lawfully in the public place.

(6)   Not more than three persons shall congregate on the premises of a drive-in restaurant and linger or loiter at any location on the premises other than in the restaurant building or in a legally parked motor vehicle.

(7)   The owner, lessee or operator of a drive-in restaurant shall provide not fewer than two receptacles for the receipt of trash, litter, paper, napkins, cups and remnants of food at each exit, available to the patrons as they leave the premises.

(8)   No patron of a drive-in restaurant shall throw or deposit any of the litter mentioned in division (B)(7) hereof anywhere on the grounds or on the streets of the city, save and except in the receptacles provided therefor.

(9)   No person, while in a public place, shall use loud, vociferous, obscene, vulgar or indecent language, swear or curse, yell or shriek or make lewd gestures, in a manner which will disturb a person present at the place.

(10)   The operator of a drive-in restaurant shall post, on the premi

Any developer of a new condominium development as well as any developer of a rental apartment complex converted to condominiums shall provide written disclosure to the purchaser of a "condominium unit" (as defined in the condominium property act), prior to entering into a contract for the sale of that condominium unit, of the following information:

A.   The total number of parking spaces on the condominium property.

B.   The total number of parking spaces mandated on the condominium property by ordinance.

C.   The total number of parking spaces included in the purchase of the condominium unit.

D.   The total number of spaces for shared use by condominium owners.

E.   The total number of condominium parking spaces that will be exclusively set aside for guest parking.

F.   The ratio of parking spaces available for private ownership to the total number of condominium units offered for sale.

G.   The off street parking requirements of the village prohibiting all off street parking between two o'clock (2:00) A.M. and five o'clock (5:00) A.M. daily.

H.   Restrictions, if any, on parking vehicles in the private guest parking areas of adjacent subdivisions where those guest parking spaces are specifically restricted to owners of property in those subdivisions or their guests.

I.   Notice of IEPA noise guidelines that may pertain to noise generated at the condominium property line from externally mounted heating and air conditioning units on the condominium building. (Ord. 2002-20, 6-3-2002)

The following words and terms, wherever they occur in this title, shall be interpreted as herein defined:

ACCESSORY BUILDING: A subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building. Where an "accessory building" is attached to and made a part of the principal building, such "accessory building" shall comply in all respects with the requirements of this title applicable to the principal building. An "accessory building", unless attached to and made a part of the principal building, as above provided, shall not be closer than ten feet (10') to the principal building.

ACCESSORY USE: A subordinate use which is clearly and customarily incident to the principal use of a building or premises and which is located on the same lot as the principal building or use except for such accessory parking facilities as are specifically authorized to locate elsewhere.

ADDITION: The increasing of the cubic content of a building or the increasing of its ground area.

AIRCRAFT: Any contrivance now known or hereafter invented for use in or designed for navigation of or flight in the air.

AIRPORT (LANDING STRIP, HELIPORT, OR HELISTOP): Any premises which is used or intended for use for the landing and takeoff of aircraft; and any appurtenant areas which are used or intended for use for airport buildings or other airport structures or rights of way, together with all airport buildings and structures located thereon.

ALLEY: A right of way with a width not exceeding twenty four feet (24') which affords a secondary means of access to abutting property.

ANIMAL HOSPITAL: Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

APARTMENTS: See definition of Dwelling, Multiple-Family.

ARCHITECTURAL DRAWINGS: A geometrical representation of a building in plane, elevation, section or perspective; the process of making such a representation.

AUTOMOBILE LAUNDRY: Any building or portion thereof where automobiles are washed using a conveyor, blower, steam cleaning equipment, or other mechanical device of production line nature.

AUTOMOBILE MINIMART STATION: An automobile self-service station which offers or includes, as an accessory use, the retail sale of prepackaged, nonprescription drugs and convenience type food items.

AUTOMOBILE WRECKING YARD: Any area of land where three (3) or more motor vehicles not in running condition, or the parts thereof, are stored in the open and are not being restored to operation, or any land, building, or structure used for the wrecking or storing of such automobiles or parts thereof.

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

BASE FLOOD ELEVATION: That elevation of the highest flood of record, determined by the Village Engineer's record of the elevations of the highest flood at locations as indicated on the zoning map. "Base

For the purpose of this title, the following are permitted obstructions in yards: (Ord. 2008-14, 3-24-2008; amd. Ord. 2013-33, 10-28-2013)

A.   In Any Yard: Chimneys, overhanging roof eaves, awnings, porches, and steps and landings leading to or from an exterior door adjoining the principal building, arbors and trellises, provided they do not exceed twenty five percent (25%) of the depth of the yard; ornamental light standards and flagpoles; and vegetation. Fences shall be permitted to the extent in compliance with chapter 19, "Fencing And Screening", of this title. (Ord. 2008-14, 3-24-2008; amd. Ord. 2012-27, 6-11-2012; Ord. 2013-33, 10-28-2013)

B.   In Front Yards:

1.   Any yard which adjoins a street shall be considered a front yard.

2.   In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title.

C.   In Corner Side Yards: In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title. All permitted obstructions shall be sufficiently set back from the intersection of street lines so as to avoid blocking sightlines for motorists.

D.   In Interior Side Yards: In addition to those obstructions identified by subsection A of this section, off street parking and driveways are permitted in accordance with chapter 13 of this title. Permitted accessory buildings, structures, and uses are allowed in an interior side yard; provided, that the placement of same is consistent with this chapter and chapter 13 of this title. (Ord. 2008-14, 3-24-2008; amd. Ord. 2013-33, 10-28-2013)

E.   In Rear Yards: Accessory sheds, toolrooms or other similar accessory buildings, gazebos, patios, decks, recreational equipment, private swimming pools, tennis courts, provided the placement of same is in accordance with this chapter. Off street parking, private garages, and driveways are permitted in accordance with the provisions of chapter 13 of this title. Accessory buildings or structures may not occupy more than thirty percent (30%) of a rear yard. (Ord. 2012-27, 6-11-2012; amd. Ord. 2013-33, 10-28-2013)

F.   Recreational Ramps:

1.   Definition: The term "recreational ramp", as used in this subsection, shall refer to all outdoor structures commonly known as ramps or halfpipes, designed and principally intended for recreational use by persons on skates, skateboards, or rollerblades. (Ord. 90-38, 6-25-1990; amd. 2012 Code; Ord. 2013-33, 10-28-2013)

2.   Permitted Accessory Use: A recreational ramp may be located as a temporary accessory use in the rear yard of a zoning lot in any Single-Family Residential District, provided:

a.   Number And Coverage: Not more than one ramp is located on a single zoning lot, and the recreational ramp, together with any other accessory buildings or structures, does not occupy more than thirty percent (30%) of a rear yar

A.   Minor Changes: The building and zoning official may approve minor changes to approved uses, occupancies, building interiors and exteriors, structures or parts of structures, signage and site layouts or site plans, including those contained in site specific planned developments or site plan approval ordinances. A change is considered to be minor if a preponderance of the following apply: (Ord. 2014-48, 10-27-2014; amd. Ord. 2017-08, 3-13-2017)

1.   It conforms to the concept, purpose and intent of the approved plan and any applicable development agreement;

2.   It conforms to the concept, purpose, and intent of the comprehensive plan;

3.   It conforms to the concept, purpose, and intent of the zoning code;

4.   It conforms to the standards in the zoning code or is consistent with the standards established in a planned development ordinance or permit;

5.   It does not increase floor area or number of dwelling units by more than five percent (5%) of that allowed by the applicable zoning district bulk regulations;

6.   It does not increase impervious coverage by more than ten percent (10%) of the area of the applicable zoning lot or planned development to be affected by the increased impervious area;

7.   If a nonresidential use, it is not adjacent to residential uses;

8.   The proposed use is within the same zoning classification as the existing or approved use, and the intensity of the use does not increase as follows:

a.   When the parking requirement of the new use is greater than that of the prior use; or

b.   If in a business district (BP, B, O-D, or M-1), the hours of operation are greater; or

c.   There is an increase of noise or other activity resulting from the new use.

9.   The proposed exterior facade is harmonious with other properties, and does not result in a change in character with the surrounding vicinity;

10.   Notwithstanding the tree replacement requirements contained in chapter 16 of this title, tree replacement necessitated by changes determined to be minor shall require a minimum of one 3-inch caliper tree to replace each tree, six inch (6") caliper or greater in size, removed. Locations for tree replacement shall be shown on a site plan or site landscape plan. (Ord. 2014-48, 10-27-2014)

B.   Major Changes: A request that cannot be determined to be minor in nature is deemed to be a major change. A major change shall be reviewed according to the applicable procedure for new site plans or uses as specified in this code.

C.   Request For Minor Changes: The property owner shall authorize all requests for minor changes. The property owner or an authorized tenant shall provide such site plans, elevations, narrative description, or traffic information as necessary in order to make a determination that a proposed change is minor or major. (Ord. 2013-33, 10-28-2013)

D.   Minor Changes Denied: Minor changes not approved by the building and zoning official may be approved by the village board without the review and r

A. Compliance with regulations. Each tenant of a residential rental unit is responsible for abiding by all applicable statutes, ordinances, and regulations and respecting the character of the neighborhood in which the unit is located.

B.   Egregious and objectionable conduct. In addition to all other acts prohibited under this article or other applicable law, each tenant of a residential rental unit is prohibited from engaging in or allowing others on the premises to engage in:

1.   Egregious conduct, which for the purposes of this article includes:

a.   Drug trafficking.

b.   Prostitution, solicitation of prostitution, or human trafficking.

c.   Gang-related activity.

d.   Discharging a firearm.

e.   Violent acts involving the death of, serious bodily injury to, or sexual assault of any person.

f.   Child abuse or endangerment.

g.   Violations of requirements for registered sex offenders.

h.   Holding the unit out to members of the general public as the location of a party or other event.

i.   Inviting persons to the unit under circumstances requiring the payment of an admission fee or other compensation, consideration, or revenue to gain entry.

j. Use of the residential rental unit for any other commercial purposes.

2.   Objectionable conduct, which for the purposes of this article includes:

a.   Disturbance of the peace.

b.   Drunken behavior visible or audible from neighboring properties or dwelling units or to the public.

c.   Lewd conduct.

d.   Public urination.

e.   Excessive loud noise.

f.   Exceeding design loads, by placing loads on structural elements or components of buildings, including but not limited to porches, balconies, and roof decks, in excess of the minimum design loads required by the Village's adopted building code.

g.   Violation of any applicable life safety codes, including but not limited to the fire code as adopted by the Village.

C. Notice to Tenants. The license holder for a residential rental unit must provide notice, in a form and by means prescribed by the Building and Zoning Department, to all residential rental unit tenants advising of:

1.   Each tenant's responsibilities under this section.

2.   The remedies available to the Village to address violations, including the imposition of individual fines in an amount up to one thousand dollars ($1000) for each violation.

D.   Supervision of tenants. A Residential Rental License holder must not allow residential rental unit tenants to violate any of the provisions of this section or to otherwise create a public nuisance or disobey applicable statutes, ordinances, and regulations. A license holder must immediately notify and cooperate with the Village's police department if the license holder knows or suspects that a residential rental unit or the premises of the unit is the location of:

1.   Any egregious conduct prohibited under subsection (b) of this section.

2.   Any other type of criminal activity.

3.   Any public nuisance. (Ord. 2020-

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

COMMERCIAL ACTIVITY. Any business activity, retail, service, manufacturing, wholesale and/or storage, which is conducted by a commercial or non-profit establishment within the city, whose principal place of business may or may not be located within the city.

CERTIFICATE OF COMPLIANCE. A certificate issued by a city department evidencing that a proposed business, commercial, or non-profit establishment has been found to be in compliance with all applicable regulations, ordinances and laws.

COMMERCIAL ESTABLISHMENT. Any person, company, firm, partnership, corporation or other legal entity chartered, licensed, incorporated or declared to be in existence for the purpose of making a profit from their activities.

COMMERCIAL SOLICITING. The selling or offering for sale of property for future delivery.

COTTAGE FOOD OPERATION. A person who produces or packages non-potentially hazardous food in a kitchen of that person’s primary domestic residence for direct sale by the owner or family member, stored in the residence where the food is made, or as otherwise defined under 410 ILCS 625/4 and 410 ILCS 650/11 and any amendments thereto.

FOOD SERVICE ESTABLISHMENT. Any place where food that is intended for individual service and consumption is routinely provided completely prepared. The term includes any such place, regardless of whether consumption is in, on or off the premises and regardless of whether there is a charge for the food. The term does not include a private home where food is prepared for individual family consumption and it does not include the location of food vending machines or a retail food store that does not cook or combine ready-to-eat potentially hazardous foods for human consumption.

FOOD SERVICE ESTABLISHMENT, TEMPORARY. Any food service establishment which operates for a temporary period of time not to exceed two weeks in connection with a fair, carnival, circus, public exhibition or similar transitory gatherings.

HOME OCCUPATION BUSINESS CERTIFICATE. The city 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 or R-3 Residential District. Such home occupations must comply with the applicable provisions of Ch. 165 of this code of ordinances. A HOME OCCUPATION BUSINESS CERTIFICATE is required and the fee is as set forth in the fee schedule.

JUNK DEALER, SCAVENGERS. Any person, firm, corporation, partnership or other entity who collects, procures and/or obtains items whether by a motor vehicle or by a push cart which have been discarded, thrown away or set out for collection by the city’s Pub

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABUTTING. Having a common boundary or edge; touching.

ACCESS EASEMENT. An easement recorded for the purpose of providing vehicle, bicycle, and pedestrian access from a public street to a parcel across intervening property under separate ownership from the parcel being provided access.

ACCESSIBLE. Accessible means approachable and useable by people with disabilities and in conformance with the Americans with Disabilities Act.

ACCESSORY. A use or structure that is secondary or incidental to a primary use or structure.

ACCESSORY BUILDING. Accessory building shall include, but is not limited to, the following: a children’s playhouse; a garage, carport, shed or building for storage incidental to a permitted use; storage of goods used in or produced by manufacturing activities on the same zoning lot with such activities, unless such storage is excluded by the district regulations; the production, processing, cleaning, servicing, altering, testing, repair or storage of merchandise normally incidental to a retail service of a business use if conducted by the same ownership as the principal use; private guest house (without kitchen facilities) or rooms for guests within an accessory building; provided such facilities are used for the occasional housing of guests of the occupants of the principal building and not for permanent occupancy by others as housekeeping units, whether or not gratuitous; off-street motor vehicle parking areas and loading facilities; and signs as permitted and regulated in each district.

ACCESSORY PARKING FACILITY. A parking facility that provides space for a specific use or uses to comply with minimum off-street parking requirements. It also includes non-required parking that may serve occupants of or visitors to a particular use exclusively, rather than the public at-large.

ACCESSORY STRUCTURE. A structure of secondary importance or function on a site. In general, the primary use of the site is not carried on in an accessory structure. Accessory structures are detached from the primary structure. Examples of accessory structures include but are not limited to: garages, decks, fences, arbors, gazebos, heat pumps, and other structures. See also PRIMARY STRUCTURE.

ACCESSORY USE. A use or activity that is a subordinate part of a primary use and that is clearly incidental to a primary use on a site.

ADDRESS. A number assigned to a housing unit, business establishment, or other structure for purposes of mail delivery, emergency services, and so forth.

ADULT BOOK STORE. An establishment having a substantial or significant portion of its stock in trade; books, magazines 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”, or an establishment with a segme

(A) Purpose. The development and execution of this chapter is based upon the division of the city into

districts within which the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses fall into two categories:

(1)   Uses publicly operated or traditionally affected with a public interest; and

(2)   Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(B) Initiation of special use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.

(C) Application. An application for a special use shall be filed with the Zoning Administrator on a suitable form provided by the Zoning Administrator and shall be accompanied by such plans and other data as are recommended by the Planning and Zoning Board of Appeals, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards hereinafter set forth. Copies of such application shall be forwarded by the Zoning Administrator to the Planning and Zoning Board of Appeals with a request to hold a public hearing thereon and to the Building Official for examination of the application and compliance with all appliance ordinances.

(D) Hearing. Upon receipt in proper form of the application and statement, the Planning and Zoning Board of Appeals shall hold at least one public hearing on the proposed special use. Notice of the time and place of such hearing shall be published at least once in one or more newspapers of general circulation within the city, not more than 30, nor less than 15, days prior to such hearing. The published notice may be supplemented by such additional forms of notice as the Planning and Zoning Board of Appeals may, by rule, require.

(E) Authorization. For each application for a special use, the Planning and Zoning Board of Appeals shall report to the City Council its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed use

(A) Prohibition on sexual harassment. It is unlawful to harass a person because of that person’s sex. The courts have determined that sexual harassment is a form of discrimination under Title VII of the U.S. Civil Rights Act of 1964, as amended in 1991 by Pub. Law No. 102-166, and being 42 U.S.C. §§ 2000e et seq. and 42 U.S.C. § 1981. All persons have a right to work in an environment free from sexual harassment. Sexual harassment is unacceptable misconduct which affects individuals of all genders and sexual orientations. It is a policy of city to prohibit harassment of any person by any municipal official, municipal agent, municipal employee or municipal agency or office on the basis of sex or gender. All municipal officials, municipal agents, municipal employees and municipal agencies or offices are prohibited from sexually harassing any person, regardless of any employment relationship or lack thereof.

(B) Definition of sexual harassment. This policy adopts the definition of sexual harassment as stated in the Illinois Human Rights Act, 775 ILCS 5/1-101, which currently defines SEXUAL HARASSMENT as:

(1)   Any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

(a)   Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

(b)   Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

(c)   Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

(2)   Conduct which may constitute sexual harassment includes:

(a) Verbal. Sexual innuendos, suggestive comments, insults, humor and jokes about sex, anatomy or gender-specific traits, sexual propositions, threats, repeated requests for dates or statements about other employees, even outside of their presence, of a sexual nature;

(b) Non-verbal. Suggestive or insulting sounds (whistling), leering, obscene gestures, sexually suggestive bodily gestures, “catcalls”, “smacking” or “kissing” noises;

(c) Visual. Posters, signs, pin-ups or slogans of a sexual nature, viewing pornographic material or websites;

(d) Physical. touching, unwelcome hugging or kissing, pinching, brushing the body, any coerced sexual act or actual assault; and

(e) Textual/electronic. “Sexting” (electronically sending messages with sexual content, including pictures and video), the use of sexually explicit language, harassment, cyber stalking and threats via all forms of electronic communication (email, text/picture/video messages, intranet/on-line postings, blogs, instant messages and social network websites like Facebook and Twitter).

(3)   The most severe and overt forms of sexual harassment are easier to determine. On the other end of the spectrum, some sexual harassment is more subtle and depends, to some extent, on indi

(A) Adoption by reference. The provisions of the Illinois Vehicle Code (625 ILCS 5/1-100 et seq.) governing non-moving violations and non-reportable offenses, as now existing or hereafter amended, are hereby adopted by reference and made a part of this section, with the same force and effect as if set forth at length herein, including, but not limited to, the following:

The provisions of this section are in addition to those of the adopted state plumbing code; provided, however, that in the event of conflict, the adopted state building code prevail.

(1) Fee schedule. The permit fees for all plumbing work shall be as provided in the village fee schedule.

(2) Violation penalties. Any person who shall violate a provision of this article or shall fail to comply with any of the requirements thereof or who shall install plumbing work in violation of an approved plan or directive of the village plumbing inspector, or of a permit or certificate issued under the provisions of this article, shall be guilty of a code violation punishable by a fine of not less than $50.00 and not more than $1,000.00, in addition to the permit fees in section P-106.5.2 of this code.

(3) Unlawful continuance. Any person who shall continue any plumbing work in or about the structure after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $100.00 nor more than $1,000.00. Each day that a violation continues shall be deemed a separate offense.

(4) Illinois state plumbing requirements.

a. The village requires a permit for installation and repair of plumbing and may not issue a permit without verification that the applicant has a valid plumbing license or that the applicant is the owner/occupant of the single-family residence that is the subject of the permit.

b. A letter of intent shall be included with all plumbing permit applications. The letter shall be written on the licensed plumber of records business stationary and shall include the license holder's signature and, if the license holder is incorporated, the license holder's corporate seal. If the license holder is not incorporated, the letter must be notarized.

(5) Water conservation. Pursuant to 17 Ill. Admin. Code 3730.307(c)(4) and subject to the state plumbing code (77 Ill. Admin. Code 892), all new plumbing fixtures and irrigation controllers installed after the effective date of the ordinance form which this article is derived shall bear the WaterSense label (as designated by the federal environmental protection agency water sense program), when such labeled fixtures are available.

(6) Bolingbrook requirements.

a. Independent systems. Drainage systems, plumbing and venting systems shall be separate and be independent from any other. Each unit or building shall have an independent connection to the sewer and water main servicing the building. This shall include attached single-family buildings, row townhomes, 3-, 4-, 6-, 8-plex and the like.

The sewer shall be six inches in diameter.

b. Sewer and Water Location. In future subdivisions, when new sewer and water mains are to be installed, the sewer and water stubs are to be located in the center of the lot, free and clear of service walks, drives, and public walks.

c. Public Systems Available.

Any use established on an industrially zoned property after the effective date of the ordinance from which this section is derived or any use established on an industrially used property after August 31, 2013 shall be so operated as to comply with the performance standards set forth hereinafter for the district in which such use shall be located.

No use lawfully established on the effective date of the ordinance from which this comprehensive amendment is derived shall be so altered or modified as to conflict with, or further conflict with, the performance standards established for the district in which such use is located.

(1) Noise. Noise shall be measured at any adjacent lot line or district boundary, as indicated in table 54-144-1. At the specified points of measurement, the sound pressure level of any activity or operation (except those not under the direct control of the industrial use, such as transportation facilities) shall not exceed the values tabulated in tables 54-144-1, 54-144-2, 54-144-3 and 54-144-4 between the hours of 7:00 a.m. and 7:00 p.m. The instruments used for these measurements shall conform to all current American National Standards Institute specifications. Impact noises are those that peak values of which are more than three dB higher on the fact response than the R.M.S. Values indicated on the sound level meter. Between the hours of 7:00 p.m. and 7:00 a.m. The permissible sound levels across residential district boundaries shall be reduced by five dB in each octave band, or in the overall band for impact noises.

Table 54-144-1. Maximum Permitted Sound Levels, Preferred Frequency Octave Bands, Decibels

Measurement of the sound levels may also be made using an a-weighted scale sound level meter. The levels in table 54-144-1 shall be considered to have been met if the a-weighted levels are not greater than the following:

Table 54-144-2. Maximum Permitted Sound Levels dB(a), for Screening Purposes

Between the hours of 7:00 p.m. and 7:00 a.m. The permissible sound levels across residential district boundaries shall be reduced by five dB in each octave band, or in the overall band for impact noises.

(2) Vibration. Vibration shall be measured at any adjacent lot line or district boundary as indicated in table 54-144-4. At the specific points of measurements, the vibration shall not exceed the limits listed in table 54-144-5. The instrument used for these measurements shall be a three-component recording system.

Table 54-144-4

a. Particle velocity, as specifi

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:

Accessory uses means a structure or use which:

(1) Is subordinate to and serves a principal structure or principal use;

(2) Is subordinate in area, extent or purpose to the principal structure or principal use served;

(3) Contributes to the comfort, convenience or necessity of the occupants of, or the business or industry located in, the principal use served; and

(4) Is located on the same lot as the principal structure or principal use served.

Active to intense burning means a rate of combustion described by material that burns with a high degree of activity and is consumed rapidly. Examples of the term "active to intense burning" include sawdust, powdered magnesium, pyroxylin, and other solids deemed by the fire department to have equivalent burning characteristics.

Agriculture means the use of a tract of land of not less than five acres for growing crops in the open, dairying, pasturage, horticulture, floriculture, and necessary accessory uses, including the structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof; provided, however, such agricultural use shall not include the following uses:

(1) The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted;

(2) Wholesale or retail sales as an accessory use unless the same are specifically permitted by this chapter;

(3) The feeding, grazing, or sheltering of animals or poultry in either penned enclosures or in open pasture within 100 feet of any lot line. Agriculture does not include the feed of garbage to animals, the raising of poultry or fur-bearing animals as a principal use, or the operation or maintenance of a commercial stockyard or feed yard.

Alley means a dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.

Apparel stores mean stores selling new clothing for men, women, or children at retail.

Appliance sales means the sale of common household appliances, such as washing machines, television sets, power tools, electric razors, radios and refrigerators, and repair of the same types of appliances as are sold on the premises when such repairs are incidental or accessory to their sale.

Auction house means a use in which new and used durable and non-durable goods are sold at auction to the public. Merchandise could be sold at retail to the public, but the sales would be in addition to the scheduled auction activities.

Automobile accessory stores means a store engaged primarily in the business of selling tires, batteries, seat covers and other automobile accessories.

Automobile sales means the sale of new and used automobiles and other motor vehicles in operatin

No special use permit shall be granted for the use listed below unless evidence is presented to establish the standards and criteria set forth herein.

(1) Airports and heliports. The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Agency and the state department of aeronautics for the class of airport proposed, in accordance with their published rules and regulations. Any building, hangar, or other structure shall be at least 100 feet from any street or boundary line. There shall be an adequate number of off-street parking spaces at least equal to the number of spaces in the hangars plus tie-down spaces, plus spaces for accessory uses as established in article III of this chapter.

(2) Cemetery. Any new cemetery shall be located on a site containing at least 80 acres. All burial buildings and lots shall be set back at least 80 feet from any street abutting the cemetery; and there shall be two side yards and a rear yard of at least 55 feet each.

Existing cemeteries may continue to operate in a manner consistent with the existing development in the area presently covered by a special use permit. Any expansion to land not covered by an existing special use permit must comply with the requirements of this section. Adequate parking shall be provided on the site, and no cemetery parking shall be permitted on any public street.

(3) Public and private utilities and services. This section applies to buildings and structures not specifically permitted as a matter of right in the various districts, pertaining to water, sewerage, gas, telephone, and electric utilities together with police, fire, radio, and television stations, including broadcasting antennae.

a. Lot area and location. The required lot area and location shall be specified as part of the special use permit and be determined in relation to the proposed use, the intensity of such use, and the effects of such use upon the environment.

b. Fencing or screening. If the corporate authorities find that a hazard may result or that interference with the development or use and enjoyment of surrounding properties may ensue, fencing or screening with a densely planted hedge or other shielding material may be required in a manner consistent with such findings.

(4) Summer theater, amphitheater. The site shall contain at least five acres. The site shall have direct access to a major street. All structures, viewing area, and seating areas shall be set back at least 100 feet from any street or boundary line. All parking areas and accessways shall be adequately lighted; and such lighting shall be shielded or directed so as to prevent glare or reflections onto neighboring properties or public streets. Off-street parking spaces shall be provided in accordance with the provisions of section 54-535. The following accessory uses may be permitted as incidental to, and limited to patrons of the principal use:

a. Amusement park, kiddyland.

b. Refreshment sta

In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed. Not more than one recovery shall be had against the same person for the same offense, provided that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. The fine for any violation of the Code of Ordinances shall be not less than seventy-five dollars ($75.00) and not more than seven hundred fifty dollars ($750.00). Whenever, in this code, a minimum, but not maximum, fine or penalty is imposed, the court may, in its discretion, fine the offender any sum exceeding the minimum fine or penalty so fixed, but not exceeding $750. Whenever, in this code, the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code, and no fine or penalty is declared for the breach, any person who is convicted of any breach shall be fined not less than $3, nor more than $750, for each offense. Enforcement of certain ordinances through the use of “P-tickets.” The village hereby creates an enforcement vehicle which shall be known as the “P-ticket” for the enforcement of certain ordinances. Persons who are issued a P-ticket by appropriate village agents and employees shall be given the option of tendering a written plea of guilty along with the payment of the fine set herein, and as hereafter amended, directly to the Village Clerk within 14 days of the issuance of a P-ticket. Persons who do not pay the fine and enter a plea of guilty within the 14 days with the Village Clerk shall be subject to summons to hearing in the Circuit Court and shall be subject to the full range of fines and penalties as may be otherwise established by each separate village ordinance or code section. P-tickets shall not be issued to any one person who has been convicted or pled guilty to any one of the offenses enumerated in the P-ticket three or more times in the past. A P-ticket shall be issued only for certain offenses. The fines to be collected upon the plea of guilty of a person charged with an ordinance or code violation by the P-ticket method shall be as set forth on the following page: Code Section(s) Violation Fine 36.01 Smoking in village buildings $75 72.02 Parking where prohibited $75 72.06 Parking in wrong direction $75 72.14 Left turn for parking $75 73.05 Operating skateboards, roller blades, roller skates and bicycles within business district $75 91.07 or 91.34 Dogs and cats running at large $75 91.12 Barking dogs or other animal noise $75 94.01 Nuisance violations $75 96.20 or 96.21 Violation of weed ordinance $75 113.001 No vendor's license or amusement stamp $75 114.03 No contractors license $75 117.04 Possession of tobacco by persons under 18 $75

It shall be unlawful to permit or cause any noise in a rebound tumbling center so loud or of such a nature as to disturb the peace. The operation of any amplifier on the premises shall comply with the general ordinance provisions relating to the devices.

Penalty, see § 113.999

It shall be unlawful and considered a nuisance for any person to create, assist in creating or to permit the continuance of any unreasonably loud, disturbing and unnecessary noise or noise of such a character and intensity or duration as to be detrimental to the health, safety, welfare and peace of a resident of the Village of Braceville. The following acts shall be considered a nuisance and in violation of this Ordinance at all times: The sounding of any bell, chime, siren, whistle or similar device except to alert the persons to the existence of an emergency, danger or attempted crime; and The operation or use of any loud speaker, sound amplifier, public address system either from a vehicle or residence that may be heard at a distance of fifteen feet (15') or more from the source; (additional permit required, see Village Clerk); and The use of any drums, loud speakers, musical devices or other instruments or devices for the purpose of attracting attention by the creation of noise to any performance, show or display of merchandise; (additional permit required, see Village Clerk). The operation of a motor vehicle, motorcycle, ATV or snowmobile in such a manner to create any loud or unnecessary noise that can be heard at a distance of thirty feet (30') or more from the source; and Allowing any animal including barking dogs from creating any loud unnecessary noise. Any person, firm or corporation violating provision of this Ordinance shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed one each day during or which a violation occurs or continues.

Rules of interpretation. The following definitions and all other provisions of this chapter are subject to the following rules of interpretation: The present tense includes the past tense and the future tense, and the future tense includes the present tense. The singular number includes the plural number and the plural number included the singular number. The word “shall” is mandatory. The masculine gender includes the feminine and neuter. All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half or greater, the text highest integral unit shall be used. Any term not herein defined shall be as defined elsewhere in this Code or Ordinances or, if not defined elsewhere in this Code, as defined in Webster's New World Dictionary of the American Language - Second College Edition . Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ACCESSORY BUILDING. See BUILDING, ACCESSORY. ACCESSORY STRUCTURE. See STRUCTURE, ACCESSORY. ACCESSORY USE. See USE, ACCESSORY. ADULT USE. Any commercial or recreational establishment which at all times excludes minors by virtue of age, including adult bookstores, adult motion picture theaters, adult mini-motion picture theaters, adult drive-in theaters, adult massage parlors, adult modeling studios, and eating and drinking places with sexually-oriented entertainment. AGRICULTURE. The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, and storing the produce, but not including the commercial feeding of garbage or offal to swine or other animals; provided, that the operation of accessory uses shall be secondary to that of normal agricultural activities. AIRPORT. Any public or private land area or other facility designed for the landing and take-off of aircraft, including all taxiways, hangars, airport buildings, and other related structures and open spaces. ALLEY. A public or private right-of-way not constituting a street used primarily for secondary vehicular access to property abutting on a street. ALTERATION, STRUCTURAL. See STRUCTURAL ALTERATION. ANIMAL HOSPITAL. A building or portion thereof designed or used for the care, observation, and medical treatment of animals commonly used as household pets. ANTENNA HEIGHT. The height of an antenna measured from the ground level at the lowest grade level within three feet of any part of the antenna. APARTMENT HOTEL. See HOTEL, APARTMENT. ATTACHED. All exterior walls must be supported on a continuous concrete or masonry foundation with the dwelling, and have a connected roof, with a minimum of eight feet. AUTOMOBILE BODY SHOP. A business establishment where collision service such as body, frame, or fender straightening or repair, painting of more than 10% of the surface, or upholstering for motor vehicles

Preamble. The preservation of agricultural productivity is essential to the social, physical, and economic welfare of our nation and our region. Such productivity is directly related to the preservation of the finite and limited amount of prime agricultural land land available for the pursuit of agriculture. Productivity is also directly related to the need for the preservation of large homogenous agricultural areas because when urbanized uses are permitted to intrude into agricultural areas, normal agricultural activities such as livestock operations tend to become incompatible with the intruding urban uses; also, increasing urbanization changes the intensity and character of traffic on rural reads, making their use difficult for the pursuit of agricultural activities. The regulations of the Agricultural Districts are designed to regulate the use of land, buildings and structures within areas of the county which are largely characterized by existing agricultural uses and where soil and topographic conditions are conducive to the continuation of the pursuit of agriculture. The A Agricultural District is intended to preserve agricultural use as an important economic and land use component of the county. It recognizes that some residential development is necessary within agricultural areas, principally to accommodate the housing needs of persons associated with agricultural production - however, the A District is designed to limit such residential development to a low density (a maximum of approximately 32 dwellings per square mile) that will not adversely affect the principal purpose of the zoning district. Residential subdivision development is not consistent with the purpose of the A Agricultural District. The A-R Agricultural-Residential District is intended to provide for a higher density of residential development than is permitted in the A Agricultural District for those tracts of land within or adjoining agricultural areas where specific criteria establish that: (1) such land, by virtue of its physical characteristics, is not well suited to the pursuit of agriculture; and (2) the development of the land for residential use will not substantially impair the use of adjacent properties for agricultural use. A Agriculture District Provisions. Permitted uses. Agriculture on a lot not less than 20 acres in area. Buildings, structures and land used for the pursuit of agriculture are not subject to the regulation of this section, except that buildings or structures used for the pursuit of agriculture and established after the effective date of this chapter shall conform with the applicable setbacks herein established. Fairgrounds, when owned and operated by a not-for-profit or agricultural organization such as the Grundy County Agricultural District Fair Association, structures and land used for the conduct of the fairgrounds are not subject to the regulations of this section relating to off-street parking and loading, floor area ratio and signs

It shall be unlawful and considered a nuisance for any person to create, assist in creating or to permit the continuance of any unreasonably loud, disturbing and unnecessary noise or noise of such a character and intensity or duration as to be detrimental to the health, safety, welfare and peace of a resident of the Village of Braceville. The following acts shall be considered a nuisance and in violation of this Ordinance at all times: The sounding of any bell, chime, siren, whistle or similar device except to alert the persons to the existence of an emergency, danger or attempted crime; and The operation or use of any loud speaker, sound amplifier, public address system either from a vehicle or residence that may be heard at a distance of fifteen feet (15') or more from the source; (additional permit required, see Village Clerk); and The use of any drums, loud speakers, musical devices or other instruments or devices for the purpose of attracting attention by the creation of noise to any performance, show or display of merchandise; (additional permit required, see Village Clerk). The operation of a motor vehicle, motorcycle, ATV or snowmobile in such a manner to create any loud or unnecessary noise that can be heard at a distance of thirty feet (30') or more from the source; and Allowing any animal including barking dogs from creating any loud unnecessary noise. Any person, firm or corporation violating provision of this Ordinance shall be fined not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00) for each offense, and a separate offense shall be deemed committed one each day during or which a violation occurs or continues.

ACCESSORY BUILDING OR STRUCTURE: A subordinate building or structure, including garages, the use of which is in keeping with, and incidental to that of the main building. Said accessory building shall clearly be located on the lot of the main building, and shall not be used for habitation.

ADULT ARCADE: An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or similar machines for viewing by five (5) or fewer people each are used to show films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

ADULT BUSINESS: Any adult arcade, adult bookstore, adult cabaret, adult hotel or motel, adult modeling studio, adult theater or motion picture theater, adult retail establishment, adult sexual encounter center, or any other business that offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, but not including those uses or activities, the regulation of which is preempted by state or federal law.

ADULT BUSINESS, RETAIL: Retail adult businesses shall mean the following adult businesses:

A.   Adult Bookstores: An establishment: 1) having adult viewing materials as a substantial or significant portion of its stock in trade, or 2) in which adult viewing materials are displayed or sold for any form of consideration as a principal use of the premises, or as a section, segment, or adjunct to some other business, but for use or viewing off the premises.

B.   Adult Retail Establishments: Any retail establishment which, for money or any other form of consideration has as one of its principal purposes or provides as its substantial stock in trade, the sale, exchange, rent, loan, trade, transfer, or provision for use or viewing off the premises, any adult oriented merchandise.

An adult business shall not be considered a retail adult business if it also engages in business or activity that constitutes nonretail.

ADULT BUSINESSES, NONRETAIL: Nonretail adult businesses shall mean any adult businesses other than retail adult businesses.

ADULT CABARET: Any nightclub, bar, restaurant, or similar establishment that regularly features persons in a state of nudity or seminudity, or live performances, films, motion pictures, videocassettes, slides, or other photographic reproductions that include or that are characterized by the exposure of specified anatomical areas or specified sexual activities.

ADULT HOTEL OR MOTEL: A hotel or motel or similar establishment that: a) offers public accommodations for any form of consideration where patrons are provided closed circuit television or video transmissions, films, motion pictures, videos, slides of other photographic reproductions that are characterized by the depiction or description of

A.   Parking At Curbs, Angle Parking: No vehicle shall be parked with the left side of such vehicle next to the curb, except on one-way streets, and it shall be unlawful to stand or park any vehicle in a street other than parallel with the curb and with the two (2) right wheels of the vehicle within twelve inches (12") of the regularly established curb line, except that upon those streets that have been marked for angle parking, vehicles shall be parked at the angle to the curb indicated by such marks.

B.   Peddling: It shall be unlawful to park any vehicle upon any street from which vehicle merchandise is sold, however, said vehicles may stand or park for such length of time as it is necessary to complete such sale or sales, thereafter such vehicles must move.

Vehicles used for sale of merchandise are hereby prohibited on the Village streets from the hours of nine o'clock (9:00) P.M. to nine o'clock (9:00) A.M. and said vehicles are hereby prohibited from ringing bells or making other noise to attract customers.

C.   Sale Of Vehicles: It shall be unlawful to park any vehicle on the street for the purpose of displaying it for sale.

D.   Trailers And Truck Tractors:

1.   No person shall park any vehicle on any street in the Village to which is attached a trailer for hauling except as may be allowed for loading and unloading, which loading and unloading shall be done as expeditiously as possible. Said trailer must remain attached to the truck or otherwise properly anchored so as to not damage the street, sidewalk or other Village-owned property or right-of-way. Any trailer, whether being actively loaded or unloaded, shall not be parked on any street in the Village for more than four (4) hours unless said owner or operator of the trailer gets prior written permission from the Village’s police department. Any trailer parked in violation of this section may be impounded as provided in this title.

2.   No person shall leave any trailer under his control unattended, and no trailers shall be parked on municipal property, including but not limited to Village-owned rights-of-way at any time without prior written permission of the Village and without taking all required precautions so as to not damage the Village owned property, including but not limited to Village-owned rights-of-way. Any unattended trailer may be impounded as provided in this title.

3.   No truck tractor may be parked on any Village street or alley at any time, unless an overnight parking permit has been purchased for the truck tractor and is properly displayed as required by section 7-4-2-2 of this section 7-4-2. For purposes of this section, "truck tractor" is defined as every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn. Trailers are not allowed to be parked on Village streets without written approval by the Village, subject to conditions set forth b

A minimum of three business days before commercial filming and related film production activities commence, the applicant shall provide a report listing the number of vehicles and types of equipment to be used during the commercial filming and related film production activities, including the proposed hours of use and the proposed parking locations.

Such locations shall be reviewed and approved by the village manager prior to their use. On-street parking or use of public parking lots shall be subject to village approval, unless permitted by village ordinances or state statute.

The use of exterior lighting, power generators or any other noise or light producing equipment requires prior approval by the village manager, such equipment should be located in the site area least impactful to the surrounding area and should not be located near residential property.

(Ord. No. 2025-4, § 2, 1-13-2025)

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:

Accessory building or structure, attached, means a building or structure intended for an accessory use which is physically connected to or within the principal building or structure.

Accessory building or structure, detached, means a building or structure intended for an accessory use which is separated from the principal building or structure.

Accessory use means a use incidental and subordinate to the principal use of the land on the same zoning lot with the principal building, structure or use being served.

Adaptive reuse means the process of reusing an existing building for purposes other than it was originally intended. This can include the rehabilitation, retrofitting, extension, and expansion of the existing building but does not include the building's complete demolition.

Adult arcade means any place to which the public is permitted or invited wherein coin operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, videos, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.

Adult bookstore or adult video store means a commercial establishment that, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion picture, video cassettes or video reproductions, slides, or other visual representations that are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas; or

(2) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

A principal business purpose exists if materials offered for sale or rental depicting or describing specified sexual activities or specified anatomical areas generate 20 percent or more of the business's income, or account for 20 percent or more of inventory, or occupy 20 percent or more of total floor space. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore or adult video store.

Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified m

A. General Purpose and Intent. The primary purpose of a planned unit development is to provide for development of balanced neighborhoods containing physical, economic and social assets difficult to achieve through the traditional separation of use and density zones. This is accomplished by allowing the developer the freedom necessary to protect natural resources and to protect the investment of both the Village and the project.

Based upon the submission of an acceptable site plan and other required documents, permission may be granted for the construction of a planned unit development which may be constructed such that more than one principal building may be constructed on a single subdivided lot or unsubdivided parcel of land. The granting of such flexibility as provided for in the special use ordinance for a planned unit development shall be dependent upon the ability of the land as utilized by the developer to meet such general objectives set forth below as shall apply: 1. The protection of both the aesthetics and functions of the natural environment; 2. The arrangement of buildings and other improvements advantageous to the orderly function and aesthetics of both the natural and man-made environment; 3. The preservation of adequate, permanent open space for the use of the residents in the development; 4. The provision of land area necessary to accommodate any cultural, educational, recreational or other public and quasi-public activities necessary to serve the needs of the neighborhood; 5. The orderly and creative arrangement of all land uses with respect to each other and to the entire Village; 6. The provision of developed recreational activity areas necessary to serve the needs of the residential portion of the development; 7. The provision of a pedestrian environment separate from the vehicular environment;

B. Procedure for Securing Approval of a Planned Unit Development. The procedure for securing approval of a planned unit development shall be the same as that described in Chapter 16.20 with the following additions: 1. The Preliminary Plan shall contain the following materials in addition to those required in Section 16.20.030:

a. The location, quantity, size and species (both scientific and generic) of all existing trees on the site having diameters of four inches or greater as measured six inches above the ground,

b. A statement showing the relationship of the planned unit development to the Official Plan of the Village,

c. A statement of the anticipated residential density, the proposed total gross floor area, bedroom ratios for residential units, and the percentage of the development which is to be occupied by structures,

d. When a planned unit development is to be constructed in phases or units, a schedule for the development of such phases or units shall be submitted. At no time shall the developed phases or units have a residential density that exceeds, by more than twenty percent, the proposed residential density of the en

A. Procedure. A special use may be authorized by passage of an ordinance by the Corporate Authorities after a public hearing and recommendation by the Planning and Zoning Commission in accordance with Section 17.28.030.

B. Conditions for Approval. The Planning and Zoning Commission shall review a special use application for compliance with the following criteria and standards: 1. A special use for a child day care home shall meet the requirements of Section 17.28.040. 2. Verification that the day care provider is a full-time resident of the home. 3. Verification that the home is licensed by the Illinois Department of Children and Family Services, and that applicable requirements of the Illinois Department of Public Health will be met. 4. Inspection by the Village Department of Building and Zoning, Health Officer and Fire Department to determine that all life-safety, health and other applicable codes will be met. 5. That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. 6. The following standards shall be met:

a. Provision of child care shall be limited each day to the hours of 6:00 a.m. to 8:00 p.m. Outdoor play shall not be allowed before 8:00 a.m.

b. Adequate space shall be provided on the driveway of the property for parking while children are being dropped off or picked up at the home.

c. Traffic congestion or safety hazards shall not be created in the adjacent neighborhood.

d. A play area shall be provided in the rear yard of the property. Said area shall be enclosed by a fence at least four feet in height to ensure the safety of the children.

The fenced play area shall be secured with self-closing and self-latching gate(s) as approved by the Village. Said play area shall be screened from adjacent properties with fencing or landscaping.

e. The day care activities shall not create undue noise or other nuisances for adjacent properties. There shall be no outdoor sound amplification devices which produce distinctly and loudly audible sounds beyond the boundary of the property from which the sound originates.

f. Employees who are not residents of the day care home may be employed by the day care provider, if it is determined by the Planning and Zoning Commission that this would not be detrimental to the neighborhood. Parking shall be provided on the property for any employee driving to the home.

g. An approved day care home shall be subject to periodic inspection by the Village in accordance with Village procedures for inspections concerning health, life-safety and other applicable regulations.

h. The Planning and Zoning Commission and Corporate Authorities may impose conditions and restrictions as may be necessary or appropriate to comply with the foregoing criteria and standards. The foregoing standards may be modified as deemed reasonable in specific cases.

i. The Planning and Zoning Commission shall consider the numbe

A. Intent. The industrial district is intended to accommodate industrial and limited commercial activities which are most appropriate when located apart from or well buffered from residential development and which meet the requirements of the performance standards contained in Section 17.48.020G. Adult entertainment establishments shall be located only in those areas of the Industrial District specified herein to mitigate against adverse effects and thereby protect the health, safety and welfare of the public; protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight.

B. Permitted Uses. No building or land shall be used and no building shall be erected, structurally altered or enlarged unless otherwise provided in this Title, except for the following uses: 1. Building material sales; 2. Contractors' shops; 3. Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding; 4. Machinery sales; 5. Public utility facilities; 6. Any manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products, and related office uses; 7. Offices, business and professional; 8. Clinics, medical and dental, and immediate care facilities; 9. Accessory uses to the above permitted uses; 10. Adult Entertainment Establishment. The location of such establishments is restricted to the area bounded by Busch Parkway on the south; Corporate Grove Dr. from Busch Parkway to Asbury Dr. and Asbury Dr. extended north to Aptakisic Creek on the west; and Aptakisic Creek on the north and east; 11. Personal wireless communications facilities and cellular telephone facilities, including antennas, for use with radio and/or other transmitting and receiving equipment when located within a building or on the exterior of a building, provided that any structure or equipment mounted on a building shall be not more than fifteen feet higher than the roof of the building or extend more than fifteen feet from the sides of a building.

Said building mounted facilities are subject to the provisions of the Village Appearance Plan.

C. Special Uses. The following special uses may be permitted in specific situations in accordance with the procedures outlined in Chapter 17.28 of this Title, as appropriate: 1. Airports and heliports; 2. Air, motor and railroad freight terminals; 3. Child care center; 4. Eating and drinking establishments; 5. Industrial planned unit development; 6. Recreation and social facilities; 7. Sanitary landfill; 8. Stadiums, auditoriums and arenas; 9. Outside storage providing it is located at least one hundred fifty feet from a residential district boundary and enclosed by a solid wall or fence, including solid doors or gates thereto, at least six feet high, but in no case lower in height than the enclosed storage; 10. Cemeteries, cremator

A. Business Operations. 1. Except as otherwise provided in this Chapter, where the tenant use space of a business activity is located within sixty feet of a residential dwelling unit, the operation of the tenant use space between the hours of midnight and seven a.m. is prohibited.

In determining the distance provided for in this section, the measurement shall be from the closest point of a tenant use space to the nearest residential dwelling unit.

This section shall not apply to a business activity that occupies the ground floor below a residential dwelling unit. 2. A business activity may petition the Village Manager to extend permitted hours of operation, but in no event shall any approval be given for an opening time earlier than five a.m. or a closing time later than two a.m. pursuant to the following conditions:

a. The Village Manager determines that there is no detriment to public health, safety and welfare;

b. The Village Manager may require restrictions upon the business activity and adjacent parking to ensure no detriment to public health, safety and welfare.

B. Retail food stores. Retail food stores in excess of thirty thousand square feet may operate twenty-four hours a day.

C. Prohibited activities—Hours of operation. 1. Except as otherwise provided in this Chapter, the following activities, in a business district which is adjacent to a residential district used for residential purposes, are prohibited between the hours of ten p.m. and seven a.m. when they generate loud and raucous noises of a disagreeable and annoying nature and have the effect of unreasonably disturbing the peace and comfort of the occupants of adjacent premises: a)

Sweeping or scraping any dust, rubbish or refuse; b)

Garbage or refuse pickup or delivery; c)

Truck deliveries or pickups; d)

Use of any leaf blowing type of machine; e)

Grass cutting; f)

All other similar operations and activities that generate loud and raucous noises of a disagreeable and annoying nature and that have the effect of unreasonably disturbing the peace and comfort of the occupants of adjacent premises.

D. This section shall not apply to truck deliveries between the hours of six a.m. and seven a.m. if such truck deliveries are allowed pursuant to a Village Planned Unit Development Ordinance.

E. This section shall not apply to snow removal operations.

(Ord. No. 2023-157, § 1(Exh. A), 12-4-2023)

A. General Compliance. All Licensed Premises and Adult Entertainment Establishments shall comply with the provisions of this Chapter; all other applicable Village ordinances, resolutions, rules, and regulations; and all other applicable federal, state, and local laws.

B. Hours of Operation. No Adult Entertainment Establishment shall be open for business between the hours of twelve a.m. and twelve noon on any day. No Adult Entertainment Establishment shall be open for business at any time on any Sunday or any legal State of Illinois or federal holiday.

C. Animals. No animals, except only for animals trained and used to assist a person with a disability, shall be permitted at any time at or in any Adult Entertainment Establishment. Any such animal must at all times remain with the disabled Adult Entertainment Patron.

D. Restrooms. All restrooms in Adult Entertainment Establishments shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. No Adult Materials or live performances shall be provided or allowed at any time in the restroom of an Adult Entertainment Establishment. Separate male and female restrooms shall be provided for and used by Adult Establishment Personnel and Adult Establishment Patrons.

E. Restricted Areas. No Adult Entertainment Patron shall be permitted at any time to enter into any of the non-public portions of any Adult Entertainment Establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of Adult Establishment Personnel. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the Licensed Premises; provided, however, that any such persons shall remain in such non-public areas only for the purposes and to the extent and time necessary to perform their job duties.

F. Specific Prohibited Acts. 1. No person at any Adult Entertainment Establishment shall appear, be present, or perform while nude; 2. No Adult Establishment Personnel or any other person at any Adult Entertainment Establishment shall perform or conduct any Specified Sexual Activity with or for any Adult Establishment Patron or any other Adult Establishment Personnel or any other person; 3. No Adult Establishment Patron or any other person at any Adult Entertainment Establishment shall perform or conduct any Specified Sexual Activity with or for any Adult Establishment Personnel or any other Adult Establishment Patron or any other person; and 4. Straddle Dances are prohibited at all Adult Entertainment Establishments.

G. Exterior Display. No Adult Entertainment Establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any Adult Material, or any entertainment depicting, describing, or relating to Specified Sexual Activities or Specified Anatomical Areas, from any sidewalk, public or private right-of-way, or any property other t

All conversions into condominiums or new condominiums shall follow the regulations set forth in the Condominium Property Act and, in addition, shall comply with the following:

(a) No unit in any condominium may be sold or transferred after the effective date of this act unless a cerificate of inspection has been issued by the bulding commissioner that said condominium unit with respect to the conversion elements complies with the provisons of this article. For that purpose, the applicant shall submit "as built" drawings of the architect and site development certified by a registered architect.

(b) No certificate of inspection shall be made, no sale of a unit shall be made, and no condominium plat approved where the common elements are not in compliance with the current code, with the following exceptions:

(1) With respect to the number of off-street parking spaces, if the number was in compliance with the codes in force on January 1, 1978, and if compliance with current codes would lessen the number of off-street parking spaces available to the unit owners.

(2) With respect to other provisions of the code if the unit containing the building and the common elements pertaining thereto were in compliance would require structural changes.

(3) With respect to the total number of and location of units contained within the building if the said number and location were in compliance with the codes in force on January 1, 1978.

No land previously granted a variation reducing the minimal requirements of the zone regulation in which it is located shall be converted unless the current requirements of the use regulations are met.

(c) All condomimiums shall comply with the regulations (use open space and parking requirements, etc.) for the land use zone in which it is located. Special uses or planned developments under Article 15 of the City of Burbank Zoning Ordinance of 1971 shall complywith said sections, the number or type (commercial or residential ) of units being constructed to be categorized in the zone to which it would apply had no special use or planned development been requested. See section 15-7 of the Burbank Zoning Ordinance of 1971.

(d) Residential conduminiums shall provide a storage space of not less than one hundred

(100) square feet (with a minimum height of seven (7) feet) for each condominium unit.

(e) Seperate gas, electric, water meters and shut off valves shall be provided for each unit and plumbing fixture.

Exception: A common water meter for a separate building may be installed in lieu of a water meter for each unit.

(f) Walls, ceiling, and floors separating units shall be soundproof.

(g) Garbage or trash disposal containers shall be located to avoid a minimum of noise and smell, and shall be effectively screened from view. Such garbage or trash shall be removed at least weekly.

(h) all condominium associations shall be responsible for traffic and parking control, snow removal, signing, sewers, water lines and lighting.

(a) Every licensee hereunder engaged in the sale of alcoholic beverages shall conduct his or her place of business in a quiet, decent and respectable manner and shall eject therefrom or refuse to admit thereto all persons rendering themselves objectionable or undesirable by reason of undue noise or other acts disturbing the peace.

(b) It shall be unlawful for any licensee, officer, associate, member, agent, representative or employee of such licensee to give or deliver any alcoholic liquor or intoxicating beverages to a person under the influence of intoxicating liquor. Soliciting of drinks or prostitution is prohibited.

(c) No licensee shall permit his patrons to perform any lewd, lascivious acts, or an act of obscenity, as defined in section 9-44 of this Code.

(d) Every licensee shall immediately report to the police any act by any person or patron rendering himself or herself objectionable, causing undue noise or disturbance, breach of peace, unusual conduct, or a person with a firearm, knife, bludgeon or deadly instrument.

(e) No person licensed under the provisions hereof shall suffer any loud or boisterous talking, or obscene or profane language, quarreling, singing, fighting or other disturbance of persons passing along any street or public square in the vicinity thereof or to the disturbance of the peace and quiet of persons doing business or residing in the neighborhood thereof.

(f) All persons, or employees, dispensing or serving food or alcoholic liquor shall be decently clothed. Topless or similar type attire is hereby prohibited. In addition the following rules shall be observed:

(1) It shall be unlawful for any person, while acting as a waiter, waitress, or entertainer to:

(a) Expose his or her genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

(b) Expose any device, costume or covering which gives the appearance of or simulates the genitals, pubic hair, buttocks, natal cleft, perineum, anal region or pubic hair region; or

(c) Expose any portion of the female breast at or below the areola thereof.

(2) It shall be unlawful for any licensee to permit or allow any waiter, waitress, or entertainer to commit any of the unlawful acts in this section.

(3) A person shall be deemed to be a waiter, waitress or entertainer if such person acts in that capacity without regard to whether or not such person is paid any compensation by the management of the establishment in which the activity is performed.

(g) It shall be unlawful to employ in any premises used for the retail sale of alcoholic liquor any person who is afflicted with, or who is a carrier of, any contagious, infectious, or venereal disease; and it shall be unlawful for any person who is afflicted with, or a carrier of any such disease to work in or about any premises or to engage in any way in the handling, preparation or distribution of any such liquor.

(h) Reserved.

(i) It shall be unlawful for any licensee to permit alcoholic

(a) Satellite earth station means an antenna of any size, shape or description designed for receiving communication or other signals from satellites. Said antenna may have a low-noise amplifier (LNA) and be connected with coaxial cable to a television or other receiver. A satellite earth station is also commonly referred to as an earth station, a ground station, or a satellite dish.

(b) No person shall erect a satellite earth station without a permit.

(c) An application for permit shall be on such forms as required by the building commissioner and shall be accompanied with a current survey showing the dimensions of the lot, the locations of all buildings or structures thereon, and the proposed location of the satellite earth station. In addition, plans and specifications describing the earth station and its structural and engineering components (the manufacturer's specifications) shall be attached.

All such applications shall be signed by the property owner and shall be accompanied by a fee of seventy-five dollars ($75.00). The exact location, height and other proposed construction of the satellite earth station shall not be varied without written approval of the building commissioner.

(d) No satellite earth station shall be erected:

(1) In any front yard.

(2) In any side yard forward of the rear wall of the main structure located on the lot.

(3) Within fifteen (15) feet of the side lot lines.

(4) In any required side yard.

(5) Within fifteen (15) feet of the rear lot line.

(e) All satellite earth stations shall meet the following construction requirements:

(1) The dish shall not exceed four (4) meters in diameter.

(2) Galvanized metal supports or equivalent must be used.

(3) Installation must conform to the provisions of the Chicago Electrical Code.

(4) A concrete base or caissons extending not less than forty-two (42) inches below the surface must be used to anchor the dish to the ground.

(5) The maximum height of the highest part of the dish shall not exceed fifteen (15) feet above the ground on which it is constructed.

(6) The dish and structure shall be designed to withstand a wind force of seventy-five

(75) miles per hour without the use of supporting guy wires.

(7) No linkage, physically or electronically, shall be permitted to a receiver not located on the same lot.

(8) Wiring to the satellite earth station shall be placed at least four (4) inches beneath the surface of the ground.

(9) Any driving motor shall be limited to 125-volt maximum design voltage and be encased in protective guards. Grounding to a grounding rod must be provided.

(10) No satellite earth station exceeding three (3) feet in diameter shall be mounted on any roof. Any dish of less than three (3) feet in diameter may be mounted upon a roof of a primary or accessory structure on the lot, but shall not be mounted on chimneys, towers, trees, poles, or spires. A roof-mounted dish shall be mounted directly to the part of the roof not visible from the str

The operations and vehicles used by scavengers shall conform to the following:

(a) All used vehicles shall conform by December 1, 1979, to standards for motor vehicles of that class set forth in the Environmental Control Ordinance of Cook County, Article IX, "Noise and Vibration Control".

(b) Actual contact hours involved in the pickup of refuse and all other solid waste in any zoned area as defined in the City of Burbank Zoning Ordinance of 1971, as amended, and in any M-1 zone within six hundred (600) feet of a residence zone, are limited to between the period of 7:00 a.m. to 6:00 p.m. daily and 12:00 noon to 6:00 p.m. on Sunday during current time. These time limits are not intended to include the transit time of the first trip to and the last trip from the defined collection areas. The mayor or city administrator may grant a variance to these time limit requirements in case of an emergency or in the overall public interest.

(c) No scavenger truck, while in pickup of refuse on the city streets or private property, shall exceed in noise more than seventy (70) decibels, as measured at a distance of fifty (50) feet from the center line of travel opposite the source of the noise under test procedures and instruments adopted in Article IX, "Noise and Vibration Control", of the Environmental Control Ordinance of Cook County, Illinois.

(Ord. No. 81-7-77, § 2, 11-23-77)

In addition to any other ordinances of the village declared to be and constituting nuisances, the following acts, omissions, conditions, things, occupations or use of property are hereby specifically declared to be public nuisances affecting public peace and safety, but shall not be construed to exclude other public nuisances affecting public peace and safety coming within the definition of public nuisances set forth in section 58-1:

(1) All trees, hedges, signs, billboards or other obstructions, or any portion of the same, which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear safe view of traffic when approaching an intersection or pedestrian crosswalk;

(2) All limbs of trees which project over a public sidewalk or street which are less than eight feet above the surface of the public sidewalk or less than ten feet above the surface of the street;

(3) All wires over streets, alleys or public grounds which are not authorized or permitted by the village or which are strung so that the lowest portion is less than 15 feet above the surface of the ground;

(4) All buildings erected, repaired or altered in violation of the provisions of the ordinances of the village relating to materials and manner of construction of buildings and structures, or all buildings maintained in violation of any ordinance;

(5) All explosives, inflammable liquids and other dangerous substances stored in any manner, in any amount other than that permitted by ordinance;

(6) All loud or unusual noises or annoying vibrations of any kind which offend the peace and quiet of persons of ordinary sensibilities;

(7) Any sign, marquee, awning, canopy and other similar structures which is an unsafe condition, or which overhangs any street or sidewalk so as to endanger public safety or to be contrary to ordinance;

(8) The allowing of rainwater, ice or snow, to fall from any building or structure upon any sidewalk or the causing of water to flow across a sidewalk;

(9) Any barbed wire fence except as permitted by ordinance;

(10) Any fence charged with electricity anywhere in the village;

(11) Any motor vehicle that is unlicensed, or is inoperable or abandoned, unless such vehicle is stored inside a building;

(12) All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in or under the same, except as permitted by the ordinances of the village or which, although made in accordance of such ordinances, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished;

(13) Any unauthorized or unlawful use of property abutting on a public street, alley, or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather obstructing traffic or the free use of the streets or sidewalks;

(14) Any advertisements or signs affixed to any building, wall, fence, sidewalk, street or other private or public property without permission of the owner thereo

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:

Act means (also) a failure or omission to take action.

Another means a person as defined in this chapter other than the offender.

Conduct means an act or a series of acts, and the accompanying mental state.

Conviction means a judgment of conviction or sentence entered upon a plea of guilty or upon a verdict or finding of guilty of an offense, rendered by a legally constituted jury or by a court of competent jurisdiction authorized to try the case without a jury.

Decibel (dB) means a unit for measuring the volume of a sound, equal to the logarithm of the intensity of the sound to the intensity of an arbitrarily chosen standard sound.

Dwelling means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.

Included offense means an offense which:

(1) Is established by proof of the same or less culpable mental state (or both), than that which is required to establish the commission of the offense charged; or

(2) Consists of an attempt to commit the offense charged or an offense included therein.

Includes and including mean comprehending, among other particulars, without limiting the generality of the foregoing word or phrase.

Motor vehicle means any passenger vehicle, motorcycle, motor-driven cycle, motorized pedalcycle, truck, truck-trailer or semitrailer propelled or drawn by mechanical power.

Noise disturbance means:

(1) Any sound which is heard at a distance of 600 feet or more from the point of generation; or

(2) Generates a sound pressure level on the public way exceeding 80 dB(A) when measured at a distance of ten feet or more from the source.

Offense means a violation of any penal ordinance of this village.

Peace officer means any person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses. For purposes of sections concerning unlawful use of weapons, for the purposes of assisting a village peace officer in an arrest, or when the commission of a felony under state law is directly observed by the person, then officers, agents or employees of the federal government commissioned by federal statute to make arrests for violations of federal criminal laws shall be considered "peace officers" under this chapter including, but not limited to, all criminal investigators of:

(1) The United Stated States Department of Justice, The Federal Bureau of Investigation, The Drug Enforcement Agency and The Department of Immigration and Naturalization;

(2) The United States Department of the Treasury, The Secret Service, The Bureau of Alcohol, Tobacco and Firearms and The Customs Service;

(3) The United States

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

Words in the present tense shall include the future; words in the singular number shall include the plural number and vice versa. The word "lot" includes the word "plot."

The word "building" includes the word "structure."

Accessory building.

A subordinate building located in and occupying not more than 30 percentum of the rear year [yard] of the main building, whose use is incidental to that of the main building, and which does not exceed 14 feet in height.

Alley.

A public thoroughfare furnishing a secondary means of access not less than 16 feet wide except in cases where an alley has before passage of this ordinance already been legally established or dedicated.

Antenna.

A device other than an earth satellite station, for transmitting or receiving microwaves, radio waves including, but not limited to, radio waves which carry the signals of television and radio stations, and other electromagnetic energy signals.

Antenna structure.

An antenna and the mast, tower or other structure upon which the antenna is mounted.

Apartment.

A household unit in an apartment house, or above the first floor in a building used in part for commercial purposes and suitable for occupancy by one or more persons.

Basement.

A story partly underground, which unless subdivided and used for tenant purposes, shall not be included as a story for purposes of height measurement.

Block.

That property abutting on one side of a street between the two nearest intersecting streets, railroad right-of-way or other natural barriers.

Building.

A structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels; and when separated by division walls from the ground up and without opening, each portion of such building shall be deemed a separate building.

Building area.

The maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces, and cornices projecting not more than 30 inches.

Business.

The word "business" or the word "commerce" when used in this ordinance means the engaging in the purchase, sale, barter or exchange of goods, wares or merchandise, and the maintenance or operation of offices or recreational or amusement enterprises.

Community garage.

A series of private garages located jointly on a common lot and having no public shop or service in connection therewith, with a total capacity for not more than four motor vehicles.

Corner lot.

A lot situated at the junction of two or more streets and having a width of not greater than 50 feet.

Depth of lot.

The mean horizontal distance between the front and rear lot lines.

Depth of rear yard.

The mean horizontal distance between the rear line of the building and the centerline of the alley where an alley exists, otherwi

For the purposes of this ordinance, all land within the Village of Burnham is hereby divided into the following districts (listed in order from the most highly restricted class to the least highly restricted class):

A district - residential B district - forest preserve C district - commercial D district - industrial district and manufacturing district The boundaries of such districts are hereby established as shown upon the district map of the Village of Burnham, which map is hereto attached and made a part of this ordinance.

Except as hereinafter provided:

(1) No building shall be erected or altered nor shall any building or premises be used for any purpose other than that permitted in the district in which such building or premises is located.

(2) No building shall be erected or altered to exceed in height the limit herein established for the district in which such building is located.

(3) No building shall be erected nor shall any existing building be altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the area regulations hereby established for the district in which such building is located.

A District - Residential Use In any A district, except as hereinafter provided, no building or premises shall be used and no building shall be hereafter erected or altered except for the following uses: 1. Single-family dwelling house. 2. Single-family story and half house. 3. Duplex house for two families. 4. Apartment house for two or more families. 5. Libraries (public) and public museums. 6. Public schools and colleges. 7. Public parks and necessary public recreation buildings. 8. Churches and temples. 9. Police and fire department stations and usual accessory building. 10. Multiple-family condominium or townhouse dwellings for two or more families. 11. Planned developments, as provided in this ordinance.

Height No building hereafter erected or altered [in the A district] shall exceed 35 feet in height except that public buildings, churches, or schools may be erected to a height not exceeding 45 feet, provided [that] they are set back from each property line at least one foot for each foot of additional building height above the limit for the district in which it is located.

Area Front yard.

There shall be a front yard of not less than 20 feet [in the A district], providing that:

(1) Where a uniform setback has been established or observed on one side of a street between two intersecting streets at the time of the passage of this ordinance, no building erected or structurally altered shall project beyond such setback line.

(2) Where 30 percent or more of all property, according to the front feet, abutting upon one side of a street between two intersections is build [built] up with buildings having an average setback line of more or less than 30 feet from the street line, no buildings hereafter erected or structurally altered shall project bey

(a) Disturbing the peace. Every licensee under this subchapter engaged in the sale of alcoholic beverages shall conduct his or her place of business in a quiet, decent and respectable manner and shall eject therefrom or refuse to admit thereto all persons rendering themselves objectionable or undesirable by reason of undue noise or other acts disturbing the peace.

(b) Gambling. It shall be unlawful to permit any gambling on any premises licensed to sell alcoholic liquor. Provided, however, the prohibition shall not apply to any video gaming terminal for which: (i) a license or permit has been issued by the Illinois Gaming Board pursuant to the Illinois Video Gaming Act as codified in 230 ILCS 40/1 et seq.; and (ii) a license has been issued to the owner of a video gaming terminal by the City of Calumet City, so long as such device or terminal is conducted in compliance with all requirements of said Illinois Video Gaming Act (230 ILCS 40/1 et seq.) and all rules and regulations of the Illinois Gaming Board and the city. A violation of this section shall be grounds for termination of the liquor license.

(c) Adult entertainment. It shall be unlawful for any licensee, its manager, or other person in charge of premises licensed to sell alcoholic liquor to permit the following kinds of conduct; or books, magazines or coin-operated motion picture devices, films, or movies depicting, describing or relating to the following kinds of conduct on such premises:

(1) The performance of acts, or simulated acts, of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

(2) The actual or simulated touching, caressing or fondling of the breasts, buttocks, anus, or genitals.

(3) The actual or simulated displaying of the breasts, pubic hair, anus, vulva or genitals.

(4) The permitting by a licensee of any person to remain in or on the licensed premises who exposes his or her genitals or anus to public view.

(5) The removal by a performer in the presence of the audience of clothing, so as to make nude or give the illusion of nudeness of the lower abdomen, genital organs, buttocks or breasts.

(6) The performance of any dance, act, word or words, episode or musical entertainment, the purpose of which is to direct the attention of the spectator to the breasts, buttocks or genital organs of the performer.

(d) Entertainment for minors. It shall be unlawful for any licensee, its manager, or other person in charge of the premises licensed, to provide any entertainment intended primarily for persons under the age of twenty-one (21) years during any time when alcoholic liquor is sold on the premises.

(e) Controlled substances. It shall be unlawful for any licensee, its manager or other person in charge of premises licensed under this chapter to allow, permit or maintain the licensed premises in such a way that controlled substances of any kind, including, but not limited to, cocaine, mariju

(a) Every licensee shall immediately report to the police any act by any person or patron rendering himself or herself objectionable, causing undue noise or disturbance, breach of peace, unusual conduct or a person with a firearm, knife, bludgeon or deadly instrument.

(b) No person licensed under the provisions of this subchapter shall suffer any loud or boisterous talking, or obscene or profane language, quarreling, singing, fighting or other disturbance of persons passing along any street or public square in the vicinity thereof or to the disturbance of the peace and quiet of persons doing business or residing in the neighborhood thereof.

(c) No premises licensed under this chapter shall be operated so as to constitute a nuisance as defined by the City Code.

(Ord. No. 22-01, § 1, 1-13-2022)

Editor's note— Ord. No. 22-01, adopted January 13, 2022, amended § 6-132 in its entirety to read as herein set out. Former § 6-132 pertained to conduct of female employees, and derived from ordinances adopted December 3, 1963; September 23, 1965; and the 1980 Code.

No licensee under this division shall cause or permit to be emanated or omitted from any such device any lewd, obscene, profane or indecent language or sounds, or any false representation of any matter, product or project advertised thereby, the sale of which is prohibited by ordinance or statute.

(Code 1980, § 18-125; Ord. No. 91-35, § 1, 9-12-1991)

(a) Advertising. No person shall post, display, or distribute any placard, handbill, pamphlet, circular, book, notice or other writing containing commercial advertising on or within any public space except with the proper permit as specified in the Municipal Code.

(b) Alcoholic liquors.

(1) No person under the influence of alcoholic liquor shall enter or remain on or within any public space.

(2) No alcoholic beverages shall be sold, delivered, given away, or consumed on or within public space.

(c) Animals.

(1) No owner or person having control of any animal shall cause or permit such animal to be on or within any public space without being leashed, except in connection with city-sponsored activities, programs, or events where it is specifically allowed by the city. No leash shall be longer than eight (8) feet, and retractable leashes shall not be extended more than eight (8) feet. Unless specified, animals are not permitted on or within any public space.

(2) Any animal found on or within a public space in violation of subsection (c)(1) may be apprehended, removed to an animal shelter, public pound or other place provided for that purpose, and dealt with pursuant to the laws or ordinances of the city, all at the expense of the owner or person responsible for such animal.

(3) Notwithstanding the foregoing, the city may designate certain public spaces as "no animal" areas or events, respectively, in which cases no owner or person having control of any animal shall cause or permit such animal to be in such areas or present at such events.

(4) The owner or person having control of any animal shall remove and dispose of any excrement deposited by his animal anywhere on [or] within any public space.

(5) The provisions of subsections (c)(1) through (4) above, shall not apply to a blind person or a seeing-eye dog which is under the control of a blind person, or any recognized assistance animal for the disabled, or any service animals performing law enforcement duties.

(6) No person shall trap, catch, wound, kill, treat cruelly, or attempt to trap, catch, wound, or kill any animal, or rob any nest of any animal on or within any public space.

(d) Assault or bodily injury. No person shall engage in conduct which places another person in reasonable apprehension of receiving bodily harm or physical contact of an insulting or provoking nature, nor shall any person intentionally or knowingly by any means cause bodily harm or make physical contact of an insulting or provoking nature with another person on or within any public space.

(e) Begging and soliciting contributions. No person shall beg or panhandle on or within any public space. No person shall take up any collection or solicit or receive contributions of money or anything else of value on or within any public space except with the proper permit as specified in the Municipal Code.

(f) Camping. No person shall place, erect, or use any hammock, swing, tent, shelter or any other type of temporar

In the construction of this ordinance, the rules and definitions contained in this section shall be observed and applies, except when the context herein clearly indicated otherwise. 3.1 Rules.

The present tense includes the future the present.

The singular number includes the plural and the plural the singular.

The word building includes the word structure.

The word shall is mandatory, and the word may is permissive. 3.2 Definitions.

Abutting: To have a common property line or district line.

Accessory: A use, building, structure, or part of a building or structure which:

(1) Is subordinate to and serves the principal building or structure or principal use;

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

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

(4) Is located on the same lot as the principal building or structure or principal use served, with the exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same lot as the building or use served.

Adjacent: To lie near or close to; in the neighborhood or vicinity of.

Adjoining: Touching or contiguous, as distinguished from lying near or adjacent.

Agriculture: The use for the pursuit of agriculture of a parcel of land twenty (20) acres or more in area under unified ownership or control and when within the perimeter of such a parcel there is no intervening street or land in other ownership or control. The pursuit of agriculture includes farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and accessory uses customarily incidental to normal agricultural activities, but not including the commercial specialization of any of the above uses.

Airport: Any area of land which is used, or intended, for the landing and takeoff of aircraft, and any appurtenant areas which are used or intended for use as airport buildings or other airport structures or rights-of-way, together with all airport buildings and structures located thereon.

Alley: Any right-of-way, with a width of not less than twelve (12) feet or more than twenty-four

(24) feet, which affords secondary means of vehicular access to abutting properties.

A street shall not be considered an alley.

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

Animal hospital: A building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

Automobile laundry: A building or portion thereof containing facilities for washing more than two (2) motor vehicles, using production-line methods.

Automobile service station: A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor accessori

4.1 Interpretation.

Minimum requirements. The provisions herein shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare.

Relationship with other laws. Where the conditions imposed by any provision herein 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 provision herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.

Effect on existing agreements. The ordinance is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of the ordinance are more restrictive or impose higher standards or requirements than such easement, covenants, or other private agreements, the requirements herein shall govern. 4.2 Scope of regulations.

Changes in structures or use. Except as may otherwise be provided in Section V, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.

Nonconforming buildings, structures and uses. Any lawful building, structure or use existing at the time of the enactment of the zoning ordinance may be continued, even though such building, structure or use does not conform to the provisions herein for the district in which it is located, and whenever a district shall be changed hereafter, the then existing lawful use may be continued, subject to the provisions of Section XIV, nonconforming buildings, structures and uses.

Building permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance, and provided that construction is begun within ninety (90) days 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 was 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 XIV, nonconforming buildings, structures and uses.

Signs. It shall be unlawful to place any outdoor advertising sign or display within a residential district classified as R-1 one-family residence district, R-2 two-family and three-family residence district and R-3 multiple family residence district as defined in Section VII of this ordinance except as permitted by sections 23-36 through 23-39 of this Code and section 15-584 of this Code. 4.3 Use and bulk regulations.

9.1 M-1 light industry district.

Conditions of use. All permitted uses are subject to the following conditions:

Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials, or products shall conform with the performance standards set forth below.

All business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise, specified. Within one hundred and fifty (150) feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight (8) feet high, but in no case lower in height than the enclosed storage and suitably landscaped.

However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half (1½) tons capacity may be enclosed throughout the district, except for such screening of parking and loading facilities as may be required under the provisions of section

X. Uses established on the effective date of this ordinance and, by its provisions, are rendered nonconforming, shall be permitted to continue, subject to the provisions of section.

Uses established after the effective date of this ordinance shall conform fully to the performance standards hereinafter set forth for the district.

Permitted uses. The following uses are permitted:

Retail and services uses, as follows:

Animal pounds and shelters.

Automobile service stations where the retail sale of gasoline and oil for motor vehicles, including minor services customarily incidental thereto, may be conducted out-of-doors.

Lubricating and washing facilities, including auto laundries, are permitted only if in a completely enclosed building.

Battery and tire service stations.

Beverages, nonalcoholic, bottling and distributing.

Contractor or construction shops, such as building, cement, electrical, refrigeration, air conditioning, masonry, painting, plumbing, roofing, heating and ventilating.

Fuel sales, with storage of fuel oils, gasoline and other flammable products limited to one hundred twenty thousand (120,000) gallons per tank, with the total storage on a zoning lot not to exceed five hundred thousand (500,000) gallons.

Garages and parking lots, other than accessory, and subject of the provisions of section X. Greenhouses.

Ice sales, linen, towel, diaper and other similar supply services.

Riding academies and stables, horse.

Production, processing, cleaning, testing or repair, limited to the following uses and products:

Advertising displays.

Apparel and other products manufactured from textiles.

Automobile painting, upholstering, repairing, reconditioning, and body and fender repairing, when done within the confines of a structure.

Awnings, venetian blinds.

Bakeries.

Beverages, nonalcoholic.

Blacksmith shops.

Books, hand binding and toolin

8.1 B-1 Commercial business district.

Permitted uses. The following is a list of uses permitted in the commercial business district, provided they are operated entirely within a building, except for off-street parking or loading facilities:

Air conditioning and heating sales and service.

Antique shops.

Art, dancing, vocational, professional and business schools.

Art galleries and studios.

Art needle work and hand weaving.

Auto and truck accessories store.

Automobile laundries.

Automobile sales, including accessories.

Banks and financial institutions.

Bakery shops, including the baking and processing of food products when prepared for retail use on the premises only.

Barber shops and beauty parlors.

Book and stationery stores.

Candy and ice cream shops.

Camera, photographic supply, developing and processing shops for retail sales.

Cameras and other photographic equipment and supplies.

Carpet, rug and linoleum stores.

China and glassware stores.

Christmas tree sales.

Clothing stores.

Coin and philatelic stores.

Collection agency.

Currency exchanges.

Custom dressmaking, millinery or tailoring when conducted for retail sale on the premises only.

Dentures.

Department stores.

Drug stores.

Electrical and plumbing parts and supplies distributor (wholesale).

Electrical appliance stores and repairs, but not including appliance assembly or manufacturing. Electrical television and radio sales (wholesale).

Employment agency.

Festivals (with council approval), per day.

Florist shops and conservatories for retail trade on the premises only.

Funeral parlor or mortuary.

Furniture stores.

Furrier, when conducted for retail trade on the premises only.

Gift shops.

Grocery stores.

Hardware stores.

Haberdasheries.

Health clubs.

Hobby and craft stores.

Interior decorating shops, including upholstering and making of draperies, slip covers and other similar articles, when conducted as a part of the retail operations and secondary to the main use.

Jewelry and watch repair shops.

Key and/or bicycle repair shop.

Laundries, automatic, self-service types, or hand.

Leather goods and luggage stores.

Locksmith.

Millinery shops.

Musical instrument sales and repair, retail trade only.

Nursery for children.

Office supply, equipment and furniture store.

Offices, business and professional, including medical clinics.

Off-street parking and loading facilities, as permitted or required in accordance with the provisions of section.

Oil lubricating facilities for motor vehicles.

Optical sales, glasses, frames and lenses.

Orthopedic and medical appliance store, but not including the assembly or manufacture of such articles.

Photography studios, including the development of film and pictures when done as a part of the retail business on the premises.

Picture framing, when conducted for retail trade on the premises only.

Plumbing and heating showrooms and shops.

Printing and newspaper publishing, including engraving and photo-engrav

12.1 Enforcing officer.

The building commissioner of the City of Calumet City shall be the zoning administrator of the City of Calumet City. Said administrator shall see that the provisions of this ordinance are properly enforced.

Restrictions on employees. No official or employee responsible for the enforcing of this ordinance shall engage directly or indirectly in the construction industry or the building professions, or in any type of gainful employment or business that conflicts with official duties or the interests of the business incorporated in this ordinance. 12.2 Zoning permit.

No building or structure shall be erected, reconstructed, enlarged, or moved until a permit shall have been applied for in writing and issued by the building commissioner.

Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving.

Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building, or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this ordinance.

Site plan. Every application for permit submitted to the building commissioner shall be accompanied by a site plan, drawn to scale, showing the zoning lot, required yards, the location of buildings on the lot, accurate dimensions of the lot, and any existing and proposed uses together with such other information as may be necessary for the enforcement of this ordinance.

Certain permit applications and zoning petitions may require site development plan approval under subsection 12.9 and landscape plan approval under subsection 12.10 of this ordinance. 12.3 Interpretation of ordinance.

In interpreting and applying the provisions of this ordinance, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience of the general welfare. 12.4 Certificate of occupancy.

A certificate of occupancy to be issued by the building commissioner shall be required for any of the following, except buildings incidental to agricultural operations other than residences:

(a) Occupancy and use of a building thereafter erected or enlarged;

(b) Change in use of an existing building;

(c) Occupancy and use of land to a use of a different classification, except for the raising of crops;

(d) Change in the use of land to a use of a different classification, except for the raising of crops;

(e) Any change in the use of a nonconforming use.

No such occupancy, use or change of use, shall take place until a certificate of occupancy therefore shall be issued.

Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the building permit for such building. Said certificate shall be acted upon within seven (7) days after a written request for the same has been made to the b

ABUT: To share a common wall or lot line without being separated by a street or alley, or other public right of way.

ACCESSIBILITY RAMP: A ramp or similar structure that provides wheelchair or similar access to a structure.

ACCESSORY DWELLING UNIT (ADU): A smaller additional living space on the same lot as a single-family home. An ADU includes space for living, sleeping, cooking and bathrooms independent of the primary residence. While the ADU may or may not include access to the primary residence, it must be accessible without going through the primary residence and there is some expectation of privacy from the home. ADUs are clearly subordinate and secondary in size, scope and nature to the primary residence on the lot.

ACCESSORY STRUCTURE: A detached structure that is located on the same zoning lot as the principal building and that is incidental to the use of the principal building.

ACCESSORY USE: A use of land or a structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure.

ADDITION: Construction that increases the size of a structure in terms of building footprint, height, or floor area.

AGRICULTURE: Farming in all its branches and among other things including the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities (including commodities defined as agricultural commodities in section 15(g) of the Agricultural Marketing Act, as amended), the raising of livestock, bees, fur-bearing animals, or poultry, and any practices (including any forestry or lumbering operations) performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market.

AGRICULTURAL SUPPORT SERVICES: Establishments that provide services to farms, such as rental of equipment, crop harvesting assistance, siloing, cleaning, shelling, curing, packing, soil preparation and fertilizer services, etc.

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

AMATEUR (HAM) RADIO EQUIPMENT: An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or building-mounted structure supporting a radiating antenna platform and other equipment.

AMBIENT LIGHTING: The general overall level of lighting in an area.

AMUSEMENT ARCADE: A indoor place or facility where pinball, computer games, or other similar electronic games are played for amusement only. “Amusement arcade” does not include bingo games or gambling devices.

AMUSEMENT FACILITY, OUTDOOR: Commercial premises where the primary use is predominantly participant activities conducted in open or partially screened enclosures. Typical facilities include driving ranges, miniature golf, swimming pools, tennis court

A.   Animal Care Facilities, Animal Kennels (Commercial), and Animal Shelters.

1.   Exterior exercise areas must be located to the interior side or rear of the principal building on the lot. Exterior exercise areas must provide covered areas over a minimum of twenty-five percent (25%) of the exterior area to provide shelter against weather.

2.   All animal quarters and exterior exercise areas must be kept in a clean, dry, and sanitary condition.

3.   All animal overnight boarding facilities must be located indoors.

B.   Auto Body and Auto Repair Shops.

1.   All repair operations must be performed within a fully enclosed building. All equipment and parts must be stored indoors. Any vehicles awaiting repair must be stored so that no fluids will drain and cause contamination.

2.   Auto body and auto repair establishments that abut a residential district must be screened along interior side and rear lot lines with a wall or privacy fence, a minimum of six feet and a maximum of seven feet in height.

3.   No partially dismantled, wrecked, junked, or discarded vehicles, or vehicles that sit on one or more flat tires or are inoperable in any manner may be stored outdoors on the premises. This standard does not apply to vehicles under repair.

C.   Bed and Breakfast Establishments.

1.   The owner of a bed and breakfast must reside in and continue to reside in the dwelling as a principal residence and must be occupying the dwelling unit for the duration of time other visitors are accommodated.

2.   Bed and breakfasts are allowed only within single-family dwellings.

3.   Bed and breakfasts must not generate a significant increase in pedestrian or vehicular traffic within the residential district in which it is located.

4.   Bed and breakfasts must not change the character of the single-family dwelling unit or adversely affect the character of the neighborhood or the enjoyment of adjacent properties.

5.   No more than one (1) person who is not a principal resident of the dwelling may be an employee at the dwelling site at any one time. The term employee does not apply to contractors providing short-term temporary services, such as repairs or landscaping.

D.   Community Gardens.

1.   Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. It may also include community-gathering spaces for active or passive recreation but playground equipment is prohibited.

2.   Greenhouses, including high tunnels/hoop-houses, cold-frames, and similar structures, are permitted to extend the growing season. Accessory structures such as sheds, gazebos, and pergolas are also permitted.

E.   Community Residences. Community residences must meet all federal, state, and local requirements including, but not limited to, licensing, health, safety, and building code requir

A.   General application.

1.   Uses must comply with the performance standards established in this section unless any federal, state, or local law, ordinance, or regulation establishes a more restrictive standard, in which case, the more restrictive standard applies. Special protections are afforded agricultural uses, per item 2 below.

2.   Agricultural uses are protected by the Illinois Farm Nuisance Suit Act (740 ILCS 70), as amended. As per the Act (which may be amended following the effective date of this title):

“No farm or any of its appurtenances shall be or become a private or public nuisance because of any changed conditions in the surrounding area occurring after the farm has been in operation for more than one year, when such farm was not a nuisance at the time it began operation, provided, that the provisions of this Section shall not apply whenever a nuisance results from the negligent or improper operation of any farm or its appurtenances.”

B.   Standards.

1.   Noise. No activity or use must be conducted in a manner that generates a level of sound as measured on another property greater than that allowed by federal, state, and local regulations, as amended from time to time. These limits do not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, and transient noises from moving sources, such as motor vehicles, railroads and aircraft.

2.   Glare and Heat. Any activity or the operation of any use that produces glare or heat must be conducted so that no glare or heat from the activity or operation is detectable at any point off the lot on which the use is located. Flickering or intense sources of light must be controlled or shielded so as not to cause a nuisance across lot lines.

3.   Stormwater Management. All development must comply with local, county, state, and federal stormwater management requirements.

4.   Vibration. No earthborne vibration from the operation of any use may be detectable at any point off the lot on which the use is located.

5.   Dust and Air Pollution. Dust and other types of air pollution, borne by the wind from sources, such as storage areas, yards, roads, conveying equipment and the like, within lot boundaries, must be kept to a minimum by appropriate landscape, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means.

6.   Discharge and Disposal of Radioactive and Hazardous Waste. The discharge of fluid and the disposal of solid radioactive and hazardous waste materials must comply with applicable federal, state, and local laws, and regulations governing such materials or waste. Radioactive and hazardous material waste must be transported, stored, and used in conformance with all applicable federal, state, and local laws.

7.   Electromagnetic Interference. Electromagnetic interference from any operation of any use must not adversely affect the operation o

The following acts, among others, are declared to constitute a nuisance and to be noise which unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity:

(A) Musical instruments and audio media devices. The operation of any musical instrument or any audio media device, including but not limited to radio receiving set, stereo system, compact disk player, iPod, or television, between the hours of 10:00 p.m. and 9:00 a.m. in such a manner as to be plainly audible at a distance of 25 feet or more from where such audio media device is located or at the lot line of the property upon which such instrument, phonograph, machine or device is located, whichever is the greater distance therefrom.

(B) Air conditioning units and the like.

(1)   The use, operation, or permitting of use or operation of any refrigerating equipment, fans, blowers humidifiers, dehumidifiers, or other air circulating or air conditioning equipment, whether part of a structure or a vehicle, in such manner as to be plainly audible upon residential property at a distance of 30 feet from which such equipment is located or at the lot line of the property upon which such equipment is located, whichever is the greater distance therefrom.

(2)   In any air cooled air conditioning installation, the condensers must be located in such a manner that the discharged air is not directed at the adjoining properties.

(C) Sound amplification.

(1)   The operation of any sound amplification device between the hours of 10:00 p.m. and 9:00 a.m. daily, which is plainly audible on any residential property at a distance of 25 feet or more from where such sound amplification device is located or at the lot line of the property upon which such sound amplification device is located, whichever is the greater distance therefrom.

(2)   The operation of any sound amplification device between the hours of 9:00 a.m. and 10:00 p.m. daily, which is plainly audible on any residential property at a distance of 75 feet or more when measured from the lot line of the property upon which the sound amplification device is located.

(D) Yelling, shouting and the like. Yelling, shouting, hooting, whistling, or singing outdoors in such a manner as to be plainly audible within 25 feet of any residential property between the hours of 10:00 p.m. and 9:00 a.m.

(E) Animals, birds, and the like. The keeping of any animal or bird which vocalizes (howls, yelps, barks, squawks or other similar vocalization) and such vocalization is plainly audible upon residential property beyond the property from which the vocalization is generated for more than four minutes without interruption. The term without interruption shall be defined as an average of four vocalizations per minute within a four-minute period.

(F) Exhausts. The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor boat, or motor vehicle except

(A) Filing .

(1)   The applicant shall file one original and 20 copies of the petition with the Village Clerk, in the form described in divisions (C) and (D) of this section.

(2)   The applicant shall include, with the filing of the petition, the application fee, as described in § 15-9-03 of this article.

(B) Processing . Upon receiving the petition, the Village Clerk shall do the following.

(1)   Accept for filing and date stamp as filed any petition that is filed with the correct number of copies, as required by division (A) above, in the form as required by division (C) below; and with the application deposit as provided in § 15-9-03.

(a)   The date on the stamp of the Village Clerk shall be considered the official filing date for all purposes relating to the time of filing.

(b)   Receipt and acceptance of a petition by the Village Clerk is pro forma, and does

not constitute an acknowledgment that the applicant has complied with the Act or this article.

(c)   Should the petition be presented to the Village Clerk without the correct number of copies, in the incorrect form, or without the sections and fee described in this division (B)(1), the petition shall be rejected by the Village Clerk.

(2)   Upon the filing of a petition, the Village Clerk shall promptly distribute the copies of the petition to the following parties in the following numbers: one copy to the Mayor; one copy to each Trustee; five copies to the Village Manager’s office; two copies to the Village Attorney; one copy to the Fire Protection District; two copies to the Hearing Officer; and two copies to the village public library.

(a)   The original petition and two copies shall be maintained by the Village Clerk.

(b)   The Village Clerk has the option of sending one of the copies to a copy service within the village.

(3)   The Village Clerk shall make available a copy of the petition and public record concerning the petition for public inspection during the normal business hours of the Village Clerk’s office. Additionally, the Village Clerk shall provide to any person so requesting, copies of the petition or the public record, upon such person’s payment of the actual cost of reproduction.

(C) Form of petitions.

(1)   All petitions shall be in writing on eight and one-half-inch by 11-inch, eight and one-half-inch by 14-inch or 11-inch by 17-inch paper, and in an electronic P.D.F. format; except that, this format is optional for exhibits or drawings.

(2)   The pages of the petition and all exhibits, including pages intentionally left blank, shall be consecutively numbered.

(D) Content of petitions . The determination of the quality and quantity of information to be included in a petition is, ultimately, the applicant’s to make, as it is the applicant’s burden to demonstrate that the siting criteria set forth in § 39.2 of the Act are met. However, for purposes of this article, a petition shall contain, at a minimum, the following documents and information, in additio

Adult use and medical cannabis dispensing organizations shall be permitted as special uses and shall meet the following provisions:

(A) Submission requirements and criteria.

(1)   An accurately dimensioned site plan indicating buildings, building entrances, parking, sidewalks, adjacent streets and immediately surrounding uses. The site plan shall include a statement that the location of the cannabis dispensing organization is not in violation of the distance requirements set forth in this section.

(2)   A floor plan of the interior of the facility indicating the principal uses on the floor plan, including retail areas and storage areas.

(3)   A plan for disposal of any cannabis or byproducts.

(4)   A plan for ventilation of the dispensing organization that describes the ventilation systems that will be used to prevent any odor of cannabis off the premises of the business.

(5)   A security plan that includes facility access controls, surveillance systems, on-site security personnel, and other security measures required by state or local regulations. Security arrangements must deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and the theft of cannabis or cannabis products, and ensure the safety of employees and customers, as well as the surrounding area, and include no less than the minimum security and lighting measures required by state law. The security plan shall be reviewed and approved by the Chief of Police.

(6)   A proposed plan of operations. The proposed plan of operations of the dispensing organization must demonstrate the intent of the organization to operate in full compliance with the Cannabis Regulation and Tax Act and/or Medical Cannabis Act, as applicable.

(7)   A signage plan shall be submitted. The proposed signage plan shall comply with the following standards. No sign shall contain any logo, name, wording, statement or illustration that is:

(a)   False or misleading;

(b)   Promotes the overconsumption of cannabis;

(c)   Displays cannabis;

(d)   Shows someone under 21 consuming cannabis;

(e)   Includes the image of the cannabis leaf or bud;

(f)   Includes any image that is likely to appeal to minors; or

(g)   Contains any slang or colloquial term for cannabis or cannabis paraphernalia.

(8)   A parking and/or traffic study may also be requested to determine parking adequacy or traffic circulation.

(9) Exterior appearance. The exterior appearance of the building of a dispensing organization shall be compatible with commercial structures already constructed or under construction within the immediate neighborhood, to ensure against blight, deterioration, or substantial diminishment or impairment of property values in the vicinity.

(10) Performance standards. All uses shall provide evidence of conformity to the performance standards for noise, vibration, smoke, dust, odor, heat, glare, fire hazard and other objectionable influences established by the State of Illinois and ad

Approval of development through the use of a planned development, including modifications to conventional zoning and subdivision regulations, is a privilege and will be considered by the village only in direct response to the accrual of tangible benefits from the planned 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 development, the Plan Commission and/or Village Board, as the case may be, shall be required to make certain findings based on the following standards:

(A) Required findings. No application for a planned development shall be approved unless all the following findings are made about the proposal:

(1) Comprehensive plan. The planned development shall conform with the general planning policies of the village as set forth in the Comprehensive Plan.

(2) Public welfare. The planned development shall be designed, located, and proposed to be operated and maintained such that it will not impair an adequate supply of light and air to adjacent property and will not substantially increase the danger of fire or otherwise endanger the public health, safety, and welfare.

(3) Impact on other property. The planned development shall not be injurious to the use or enjoyment of other property in the neighborhood for the purposes permitted in the district, shall not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the zoning district, shall not be inconsistent with the community character of the neighborhood, shall not alter the essential character of the neighborhood and shall be consistent with the goals, objectives, and policies set forth in the Comprehensive Plan, and shall not substantially diminish or impair property values within the neighborhood, or be incompatible with other property in the immediate vicinity.

(4) Impact on public facilities and resources. The planned development shall be designed such that adequate utilities, road access, drainage, and other necessary facilities will be provided to serve it. The planned development shall include such impact donations as required by this UDO.

(5) Archaeological, historical or cultural impact. The planned development shall not substantially adversely impact a known archaeological, historical, or cultural resource located on or off the parcel(s) proposed for development.

(6) Parking and traffic. The planned development shall have or make adequate provision to provide necessary parking and ingress and egress to the proposed use in a manner that minimizes traffic congestion in the public streets and provides adequate access for emergency vehicles.

(7) Adequate buffering. The planned development shall have adequate landscaping, public open space, and other buffering

The following terms, phrases, words and their derivations shall have the meanings as set forth herein: "Abandoned" means the discontinuance of a nonconforming use or a special use for a period of six continuous months or more. Cessation of a use due to damage caused by fire, explosion, or catastrophe does not constitute abandonment unless there is no action to commence restoration within six months of the incident. "Accessory building" means a subordinate building, the use of which is ancillary and incidental to and customary in connection with the principal building and which is located on the same lot as the principal building. "Accessory solar energy system (ASES)" means a professionally manufactured system that uses solar panels made of solar cells, heat-absorbing plates, or other elements to convert sunlight to another form of energy, such as electricity or heat, for the primary purpose of supplying such energy for use by the principal use on the property on which the ASES is located as an accessory use or structure, allowing any excess energy to tie into the electrical grid via net metering. An ASES must be subordinate and incidental to a principal use and be located on the same lot as the principal use. "Accessory solar energy system, ground-mounted" means an ASES (as defined in this section) that is not attached to another structure and is affixed to the ground. "Accessory solar energy system, roof-mounted" means an ASES (as defined in this section) that is anchored to the structural portion of a principal building's roof. "Accessory use" means a subordinate use which is ancillary and incidental to and customary in connection with the principal use and which is located on the same lot as the principal use. "Accessory wind energy system (AWES)" means a manufactured device rated to a capacity of 100 kilowatts or less that converts wind power to another form of energy, such as electricity or heat, for the primary purpose of supplying such energy for use by the principal use on the property where it is located as an accessory use, allowing any excess energy to tie into the electrical grid via net metering. An AWES must be subordinate and incidental to a principal use and be located on the same lot as the principal use. "Accessory wind energy system, roof-mounted" means an AWES (as defined in this section) which is affixed to a pole and is anchored to the structural portion of a principal building's roof. Also known as a windmill or wind turbine. "Accessory wind energy system, tower-mounted" means an AWES (as defined in this section) which is affixed to a tower or pole and is anchored to a foundation in the ground.

Also known as a windmill or wind turbine. "Addition" means an extension or increase in floor area or height of a building or structure. "Adjacent" means to lie near, close to, or in the neighborhood or vicinity thereof. "Adjoining" means touching or contiguous, as distinguished from lying near or adjacent. "Adult bookstore/videosto

A-1.

Supplemental review standards for a commercial storage facility as an accessory use in the C-2-A district: 1. The storage facility use shall be an accessory use to and a component of a permitted use (principle use) as otherwise allowed under the C-2-A district; 2. The floor area dedicated to the storage facility use shall occupy no more than fifty percent (50%) of the total gross floor area of the building containing the principal use. 3. The storage facility use shall be conducted entirely within a fully enclosed building, which building shall be occupied by the principal use. 4. The floor area of each separate storage area (unit) within the storage facility component of the building shall be no greater than four hundred (400) square feet. 5. The storage facility component shall not have ingress or egress at the same elevation or facade of the building as the principal use. 6. The storage facility component shall occupy only the lower level, or portion thereof, of the building containing the principal use. 7. The storage facility component shall be required to have automatic fire suppression (sprinkler) system(s) and smoke detection system(s) installed in each and every separate storage area (unit) and designed in accordance with the codes and standards of the NFPA 13 (National Fire Protection Association, Inc.), 1999 Edition, or the edition currently adopted by the village. 8. The storage facility use shall not allow for the storage of any "hazardous materials" listed in Title 8 and Title 15 of the Carpentersville Municipal Code. 9. An opaque screen shall be installed and maintained along the perimeter of that portion of the property upon which the storage facility use is conducted. To the extent practicable, the screening shall be designed and installed so as to minimize the visibility of all loading spaces and elevations or facades of the building, which contain means of ingress and egress to such use, from any and all adjoining or surrounding property, land or public rights-of-way. Unless otherwise agreed by the village, screening shall have a total height of not less than six feet nor more than eight feet, with the exception that plant materials, when used as natural screening as provided in subsection (A-1)(10)(c) below, may have a total height in excess of eight feet. Where there is a difference in elevation of the grade between opposite sides of the screen within an area located a distance of one hundred (100) feet from each side of the screen, which distance shall be measured horizontally along a line perpendicular to such screen, the height shall be measured from the highest elevation. All screening shall consist of one or more of the following types or architectural or landscape features:

a. Walls. A wall shall consist of stone, brick, tile or similar type of masonry units or material with a minimal width of four inches.

b. Berms. A berm shall either be banked on one or both side(s). If banked on one side, the banked side shal

Accessory buildings, structures and uses are permitted in accordance with the following:

A. In the residential zoning districts, accessory buildings, structures and uses are limited to: 1. A noncommercial greenhouse that does not exceed in floor area twenty-five (25) percent of the ground floor area of the main building. 2. A private residential garage used only for the housing of noncommercial passenger automobiles. The maximum size of a detached garage will be dependent upon the size of the lot it is built upon, along with the lot area coverage percentage, the total roofed building coverage percentage and zoning setbacks of the residential zoning district the property is located in. The maximum size of a detached garage in each residential zoning district is as follows:

R-1: One thousand (1,000) square feet.

R-2: Eight hundred sixty-four (864) square feet.

R-2-A and all other remaining single-family residential zoning districts: Five hundred seventy-six (576) square feet. 3. Vegetable or flower garden. 4. Fence in compliance with Section 16.18.030, garden house, shed, gazebo, pergola, arbor, trellis, swimming pool, basketball goal, tennis court, swing set, playhouse, barbecue oven, fireplace, fire pit, patio, service walk, stoop, driveway, and similar uses customarily accessory to residential uses.

a. Swimming pools shall only be permitted in conformance with the following standards:

i. Swimming pools (inclusive of all electrical and mechanical equipment) must be located not less than six feet from all property lines. ii.

Any deck or patio related to a swimming pool must conform to all other regulations and setbacks in this title. iii.

Swimming pools must comply with the maximum lot coverage requirements in the zoning districts in which they are located. iv.

Swimming pools must be located not less than ten feet away from all overhead electrical service lines and not less than five feet away from all underground electrical service lines.

v. No swimming pool, which may contain 24 inches of more of water in depth at any point, shall be permitted unless the pool has a protective fence with a locking ladder attached to it, or the yard in which the pool is located is completely enclosed by a fence not less than four feet in height. 5. Decks, in conformance with the following standards:

a. Any deck that is located closer than ten feet to a main building, and that has a walking surface that is greater than18 inches above the adjacent ground at any point, shall be considered as part of the main building for the purpose of establishing yard areas, and shall be provided with the front, side and rear yards required for the main building.

b. Any unroofed deck that is located closer than ten feet to a main building, and that does not have any railing and does not have any walking surface that is more than18 inches above the adjacent ground at any point, may be erected within three feet of a side or rear lot line, but shall not encroach upon the r

A. Amplified Sound—Residential Properties. 1. No person shall cause, allow or permit the operation of any sound amplification device between the hours of 10:00 p.m. and 7:00 a.m. daily, which is plainly audible for a period of one minute or longer on any residential property at a distance of twenty-five

(25) feet or more when measured from the source property line or, when the source is generated from public property when measured from the source location. 2. No person shall cause, allow or permit the operation of any sound amplification device between the hours of 7:00 a.m. and 10:00 p.m. daily, which is plainly audible for a period of one minute or longer on any residential property at a distance of seventy-five

(75) feet or more when measured from the source property line, or, when the source is generated from public property when measured from the source location. 3. The owners and tenants of residential property shall be jointly and severally responsible for compliance with this subsection

A.

B. Amplified Sound—Motor Vehicles. 1. No person shall cause, allow or permit the operation of any sound amplification device from any motor vehicle which is plainly audible at a distance of seventy-five (75) feet or more from the motor vehicle. 2. This provision shall not apply to any sound amplification device being operated by an authorized emergency vehicle.

C. Animals. It shall be unlawful for any person to own, keep, possess or harbor any animal which vocalizes (howls, yelps, barks, squawks or other similar vocalizations) and the vocalizing is plainly audible beyond the property line from which the vocalization is generated for more than five minutes without interruptions, defined as an average of four vocalizations per minute.

D. Blowers and Similar Devices. No person shall use or operate any noise creating blower, power fan, or internal combustion generator within twenty-five (25) feet of any residential property between the hours of 8:00 p.m. and 7:00 a.m.

E. Construction Activity. It shall be unlawful for any person to conduct any construction activity at any time other than the times allowed pursuant to Section 15.30.010, Subsection J of this Code. F. Delivery, Loading and Sanitation Operations. No person shall cause, allow or permit the loading, unloading, opening or handling of boxes, crates, containers, garbage cans or recyclable containers between the hours of 8:00 p.m. and 7:00 a.m. daily when such operations are conducted on a property within the village located within one hundred (100) feet of any residential property within the village, measured from the property line of the residential property.

G. Emergency Signaling Devices. No person shall sound, allow or permit the sounding outdoors of any emergency signaling device, including fire, burglar, civil defense alarm, siren, whistle, or similar emergency signaling device except in an emergency or as provided in subsections 1 and 2 below. 1. Testing of an emergency signaling devi

Where a word or term used in this title is not defined in this section but is defined in the subdivision regulations of the Village, the meaning of said word or term is as set out in that ordinance. Some of the words or terms used in this title are defined as follows:

Access means a way or means of approach to provide vehicular or pedestrian physical entrance to and exist from the property.

Accessory use, structure, or building means a subordinate use, structure or building, the use of which is customarily incidental to that of a principal use, structure, or building on the same parcel.

Acre means an area of land which is forty-three thousand five hundred sixty (43,560) square feet.

Acute care center means an institution providing health care services and medical or surgical care to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions on an emergency basis.

Addition (to an existing building) means an increase in the building area, aggregate floor area, height, or number of stories of a structure.

Adjacent lot means a lot or parcel that shares all or part of a common lot line with another lot or parcel of land.

Adult booth means any area of an adult entertainment establishment set off from the remainder of such establishment by one (1) 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 conduct or simulation of specified sexual activities.

Adult cabaret means any commercial establishment that derives a significant portion of its business from live performances or video images (photos, movies, computer images, and the like) that are characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct of specified sexual activities. "Specified anatomical areas" and "specified sexual activities" are terms of art that are defined in this section.

Adult entertainment establishment means an adult cabaret, adult store, adult theater as defined in this section. Adult material means any printed, visually displayed, or digitally stored material, ready or available for printing or visual display, that is characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct of specified sexual activities; any instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities.

Adult store means any commercial establishment that derives a significant portion of its business receipts from the sale, rental, viewing of adult materials, or one that contains adult booths.

Adult theater means any commercial establishment that as a significant portion of its business provides printed, visually displayed, or digitally stored material, ready o

Ordinance and Code violations that may be heard in an administrative adjudication as set forth in this chapter shall carry the fines listed below in this Code, or as provided for in the State statutes, whichever is greater. Fines for any violation of this Code which may be heard in an Administrative Hearing shall be not less than twenty-five dollars ($25.00), or as indicated below, nor more than seven hundred fifty dollars ($750.00) for each offense committed on each day during, or on which a violation occurs or continues. If the recipient of the minimum fine imposed does not pay the fine by 12:00 midnight on the fourteenth (14th) day following the date the fine was issued, said minimum fine and penalty shall increase by not less than double the minimum fine nor more than seven hundred fifty dollars ($750.00). Certain offenses as cited below require the defendant to appear at the administrative adjudication hearing and are not subject to the prepay option.

Nuisance prohibited—a) at large; b) unleashed in park; c) allowing animal to be in unsanitary area; d) excessive noise, barking, whining; attacking or molesting persons; e) chasing vehicles; attack other animals; trespass on private property; deposit excretory matter

A. No permittee shall use, operate, or employ any such device within the Village limits between the hours of 8:00 p.m. and 8:00 a.m. Monday through Thursday, and 10:00 p.m. and 10:00 a.m. Friday through Sunday and holidays or within five hundred (500) feet of any church or other place of public worship while services are being held there.

B. This section shall not apply to radios or media devices in homes or in private vehicles, when the same are operated in such a manner as not to be audible at a distance of fifty (50) feet nor to noise devices, bands, or other musical devices used in any public parade or procession, carnival, festival, block party or similar event which is operating under a permit in accordance with the ordinances of the Village.

C. No person shall cause or permit to be emanated or emitted from any such device any obscene language or sounds, or any language or sounds if it is reasonably foreseeable that they will provoke an immediate breach of the peace, or any false representation of any matter, product or project advertised thereby the sale of which is prohibited by law, ordinance or statute.

D. Any waivers to the requirements of this section are subject to review and approval by the Village Administrator.

(Code 1981, § 5.20.040; Ord. No. 98-5-2, § 1(part); Ord. No. O09-08-09, § 2, 8-18-2009;

Ord. No. O18-08-05, § 4, 8-7-2018)

(a)   As used in this section unless the context requires otherwise:

(1)   "Special event" means a planned temporary aggregation of attractions, including public entertainment, food and beverage service facilities, an independent farmers markets within the meaning of Section 10-8-331(b)(1), sales of souvenirs or other merchandise, or similar attractions, that is:

(i)   conducted on the public way, including outdoor public enjoyment areas developed pursuant to Section 2-102-030; or

(ii)   conducted primarily outdoors on property open to the public other than the public way and which:

(A)   Includes activities that require the issuance of a City temporary food establishment license or a special event liquor license; or

(B)   Requires special City services, including but not limited to any of the following: street closures; provisions of barricades, garbage cans, stages or special no parking signs; special electrical services; or special police protection.

"Special event" does not include a parade or athletic event for which a permit is required under Sections 10-8-330 or 10-8-332, or a farmers market licensed under Chapter 4-12 of this Code or an independent farmers market requiring a market registration pursuant to Section 10-8-331(b)(2), or a neighborhood block party at which no food, beverages or merchandise is sold, or a citywide festival conducted pursuant to an intergovernmental agreement authorized by ordinance.

(2)   "Department" means the Department of Cultural Affairs and Special Events.

(3)   "Sponsor of the event" means the entity who is conducting the special event or in whose name or for whose support the proposed special event will be presented.

(4)   "Portable audiovisual rigging" means the temporary installation or operation of portable mechanical rigging and static rigging for the overhead suspension of portable audiovisual equipment, including, but not limited to: audio, video, lighting, backdrops, scenery, and other effects at a special event. Portable audiovisual rigging does not include freight handling or the transportation of heavy equipment.

(5)   The term "public way" has the meaning ascribed to that term in Section 1-4-090(F), and, in addition, shall include the harbor as defined in Section 10-40-010.

(b)   No person shall conduct a special event unless the sponsor of the event obtains a special event permit from the Department.

(c)   Unless the special event is to be conducted in January or February or is submitted pursuant to an online submission process authorized by the Department, applications for a permit under this section must be filed in the calendar year in which the event is to take place. If the event is to take place in January or February, the application must be filed no earlier than one year prior to the event. Except as otherwise provided in paragraph (6) of this subsection (c), each application submitted by the sponsor of an outdoor special event shall be accompanied by a nonrefundable proces

Except as otherwise defined for purposes of a specific subsection, section, article or chapter in this Title 11, whenever the following words and phrases are used in this Title 11, they shall have the meanings ascribed to them in this section:

"ANSI" means American National Standards Institute or its successor bodies.

"Architectural coating" means any coating used for residential, commercial or industrial buildings and their appurtenances that is on-site applied.

"ARI" means Air Conditioned and Refrigeration Institute or its successor bodies.

"Asbestos" means a fibrous, rock-forming mineral including, but not limited to, such amphibole varieties as tremolite, actinolite, anthophyllite, grunerite, richterite, edenite, amosite, crocidolite and such serpentine varieties as amianthus and chrysolite as well as synthetic asbestos fibers including, but not limited to fluor-tremolite, fluor-richerite and fluor-edenite.

"Ashes" means and includes cinders, fly ash or any other solid material resulting from combustion, and may include unburned combustibles.

"ASHRAE" means American Society of Heating, Refrigeration and Air Conditioning Engineers or its successor bodies.

"ASME" means the American Society of Mechanical Engineers.

"ASTM" means the American Society for Testing Materials or its successor bodies.

“Authorized representative” means any individual, firm or corporation designated by a “person”, as defined in this section, who shall be given authority to act for such “person” in all matters pertaining to the Department of the Environment. Such authorization shall be transmitted to such Department in writing.

"Auxiliary fuel firing equipment" means equipment to supply additional heat, by the combustion of an auxiliary fuel, for the purpose of attaining temperatures sufficiently high (a) to dry and ignite the waste material, (b) to maintain ignition thereof, and (c) to promote complete combustion of combustible solids, vapors and gases.

"Baffling" means any row, rows, plane, planes or refractory or other material that causes the gases in a steam boiler or other vessel, duct or device to assume a definite or predetermined path of travel before reaching the chimney or smoke stack.

"Bessemer converters and pneumatic steelmaking processes" means processes by which steel is made directly from molten iron or scrap metal by forcing gases through or over the molten metal to oxidize and carry off the carbon and other impurities in the metal.

"Beverage equipment." See definition of "dairy equipment".

"Biweekly" means occurring every two weeks.

"Blast furnace and auxiliary equipment" means the furnace and equipment used in connection with the smelting process of reducing metallic ores to molten metal in order to remove, primarily, the oxygen from the ore and producing gas as a by-product. The furnace and equipment consists of, but is not limited to, the furnace proper, charging equipment, stoves, bleeders, gas dust catcher, gas cleaning devices and o

(A)   Application for a permit to operate an incinerator, liquid waste handling facility, resource recovery facility, sanitary landfill or transfer station, or any other facility which disposes, handles or treats waste shall demonstrate that the facility is designed, located and will be operated to protect the health, safety and welfare of the public, and shall be accompanied by the following:

(1)   written consent of the owner of the property or his authorized agent;

(2)   evidence of payment of real property taxes or evidence of exemption;

(3)   evidence that the facility is located in a district for which a variation in the nature of a special use may be obtained from the zoning board of appeals pursuant to the Chicago Zoning Ordinance, Title 17;

(4)   plot plan indicating the property boundaries; locations of buildings and ancillary structures; roads; boundaries of waste disposal, handling and storage areas; fences or other access control devices; location of fire protection facilities; and any other facilities/structures planned for site;

(5)   general layout of the facility and equipment including plans, descriptions and specifications necessary to describe the physical operating characteristics of the facility;

(6)   plat of survey prepared by a professional land surveyor registered by the State of Illinois;

(7)   legal description of the property boundary and limits of waste disposal, handling and storage areas prepared by a professional land surveyor registered by the State of Illinois;

(8)   location and available capacity of utilities and calculations of the facility's utility needs;

(9)   type of waste handled, disposed of or treated;

(10)   estimated quantity of each waste type received, treated and disposed of per day;

(11)   water pumping equipment, including descriptions of specifications, pumping capacity, back- up capacity and location within the facility;

(12)   fire prevention measures, including a comprehensive fire prevention and response plan;

(13)   security equipment, including measures to restrict all unauthorized access to the site;

(14)   emergency procedures in event of equipment failure and a demonstration that sufficient back-up and emergency operating capacity exists to adequately process one (1) day's waste flow into the facility;

(15)   emergency communication system;

(16)   first aid equipment;

(17)   drawings and specifications for all structures and fixed equipment including all drawings, specifications, analysis and calculations demonstrating that the facility can be operated as proposed and in a safe manner;

(18)   device, apparatus or process used in the facility, including a waste flow diagram and a demonstration that all equipment, processes and staffing are capable of safely handling the intended quantities of waste at all points in the facility;

(19)   storage capacity, including detailed calculations of the total disposal capacity and the storage capacity of any storage area or tippi

17-12-1101 Michigan Avenue Corridor Special Sign District.

17-12-1101-A Boundaries. The Michigan Avenue Corridor special sign district consists of all parcels adjacent to Michigan Avenue, between Oak Street on the north and Roosevelt Road on the south.

17-12-1101-B Regulations and Standards. The following standards apply to signs within the Michigan Avenue Corridor special sign district. These sign regulations are supplemental standards that apply in addition to existing zoning regulations. All existing zoning regulations apply except those that conflict with regulations imposed for the Michigan Avenue Corridor. In case of conflict between the Michigan Avenue Corridor regulations and existing, underlying zoning district regulations, the Michigan Avenue Corridor regulations will govern.

1.   Maximum Area. The gross sign face area of all signs on a zoning lot may not exceed 3 square feet times the lot’s street frontage . For any zoning lot with live theater uses, theater marquee sign area does not count toward the maximum total sign area permitted on a zoning lot .

2.   Projections. Except for live theater signs , one sign per ground-floor tenant may project no more than 4 feet across the property line into the public way , up to 3 feet in height and up to 6 inches in thickness. Hotel signs and live theater signs may project across the property line into the public way up to 6 feet. Live theater marquee signs may project across the property line into the public way up to 12 feet.

3.   Roof Signs. Roof signs are prohibited.

4.   Painted Wall and Applied Vinyl Signs. The exterior surface of any building, window, wall, or fence may not be used for a painted wall or applied vinyl signs .

5.   Freestanding Signs.

(a)   Not more than one freestanding sign is permitted per street frontage .

(b)   Freestanding signs may not exceed 15 feet in height.

6.   Show Windows. Show windows may be used for regularly changed display of merchandise sold in the building. Signs may not be applied to more than 30 percent of any single window. Window lettering that is less than 2 inches in height will not be counted, provided it is limited to information such as a building’s address, hours of operation, product information, and logos.

7.   Banners. One banner per 30 linear feet of each building facade along the street frontage of a zoning lot may be placed. Banners may project across the property line up to 4 feet into the public way and shall not exceed 15 feet in height and 60 square feet in area. Banners may only be placed within the first two floors of a building.

8.   Neon Signs. Neon signs and other forms of direct lighting using tubes similar in appearance to neon are prohibited when visible from Michigan Avenue. Neon lighting may be used as a source of light when completely shielded and not visible from public streets , sidewalks, or alleys .

9.   Flashing or Dynamic Image Display Signs. No flashing or dynamic image display signs shall be illuminated

17-13-0901 Purpose. Special uses are uses that, because of their widely varying land use and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns. Case-by- case review is intended to ensure consideration of the special use 's anticipated land use, site design and operational impacts.

17-13-0902 Applications.

17-13-0902-A Filing. An application for a special use must be filed with the Zoning Board of Appeals.

17-13-0902-B Contents.

1.   General. Applications for special use approval must include such information required by the Zoning Board of Appeals.

2.   Waste-Related Uses. In addition to any other general information required to be submitted with a special use application, the following specific information must accompany any special use application for an incinerator , hazardous waste treatment or storage facility, resource recovery facility, reprocessable construction/demolition material facility, transfer station , or liquid waste handling facility , or sanitary landfill :

(a)   Surrounding land use report, including a description of the nature and intensity of surrounding land uses and the anticipated impact of the proposed special use upon surrounding land uses and property values. The report must also assess the number of existing and closed waste-related uses within a 3-mile radius of the proposed site and the proximity of the proposed facility to residential uses and schools .

(b)   Environmental assessment of facility siting, including a description of the physical, geographical, geological, and soil conditions of the site and surrounding area to assess the suitability of the site for the proposed special use . An analysis of the impact of the proposed special use upon the surrounding area and the dynamic physical environment, including but not limited to critical wildlife habitats, fluvial systems, natural wetlands, air quality, water quality, flora and fauna, and public health must be submitted. The assessment must also evaluate potential risk and effects of accidental releases, fires or explosions on surrounding communities, and must analyze alternatives to the proposed facility and address their costs and impact on the environment.

(c)   An end-use plan describing the proposed use of the site after terminating use of the facility.

3.   Business live/work units. In addition to any other general information required to be submitted with a special use application, the following specific information must accompany any special use application for a business live/work unit:

(a)   Description of the nature of the work activities to be performed in the business live/work unit.

(b)   Floor plan that identifies those areas to be used as living space and those areas to be used as work space and a table showing the square footage devoted to each.

4.   Indoor Event Venues. In addition to any other general information required to

17-6-0201 Purpose and Applicability. The "POS", Parks and Open Space zoning district is intended to preserve, protect and enhance lands set aside for public open space , public parks and public beaches. Such areas and facilities provide many benefits to city residents and visitors. They provide cultural and recreation opportunities; preserve natural and scenic areas; protect sensitive natural resource areas; and offer refuge from the built, urban environment. The POS district is also intended to be applied to cemetery lands. Other than cemeteries, the POS district is intended to be applied exclusively to public-owned lands.

17-6-0202 Establishment. POS zoning may be established or changed to another classification only in accordance with the Zoning Map Amendment procedures of Sec. 17-13-0300. Parcels zoned POS must be identified with the map symbol "POS" and accompanied by an indication of the applicable park or open space type:

17-6-0202-A Regional or Community Park (POS-1);

17-6-0202-B Neighborhood Park, Mini-Park or Playlot (POS-2);

17-6-0202-C Open Space or Natural Area (POS-3); or

17-6-0202-D Cemetery (POS-4).

17-6-0203 Allowed Uses. Permanent uses and facilities are allowed in the POS district in accordance with the use table of this section.

17-6-0203-A Permitted Uses. Uses identified with a "P" are permitted by-right, provided they:

1.   have been approved by the governing body with jurisdiction over the park or open space area (e.g., Chicago Park District Board of Commissioners); and

2.   comply with all other applicable standards of this Zoning Ordinance.

17-6-0203-B Special Uses. Uses identified with an "S" may be allowed if reviewed and approved in accordance with the special use procedures of Sec. 17-13-0900, provided they:

1.   have been approved by the governing body with jurisdiction over the park or open space area; and

2.   comply with all other applicable standards of this Zoning Ordinance.

17-6-0203-C Planned Developments. Uses identified with a "PD" may be allowed if reviewed and approved in accordance with the procedures of Sec. 17-13-0600, provided they:

1.   have been approved by the governing body with jurisdiction over the park or open space area (e.g., Chicago Park District Board of Commissioners); and

2.   comply with all other applicable standards of this Zoning Ordinance.

17-6-0203-D Accessory Uses. Uses that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to allowed principal uses will be allowed as accessory uses within the POS district. No attempt is made in the use table to identify all allowed accessory uses , although some examples are listed. Uses identified with an "A" and others as determined by the Zoning Administrator may be permitted by-right when they constitute an accessory use or activity to the primary use of the park/open space site, provided that they:

1.   have been approved by the governing body with jurisdiction over the park or open

17-9-0101 Adult Uses. Adult uses may not be located in any of the following areas or locations:

17-9-0101-A within 1,000 feet of another existing adult use ;

17-9-0101-B within 1,000 feet of any zoning district that is zoned for residential use;

17-9-0101-C within 1,000 feet of any pre- existing school or religious assembly establishment; or

17-9-0101-D within any planned manufacturing district (PMD).

17-9-0102 (Deleted by Coun. J. 7-29-15, p. 4122, § 2)

17-9-0103 Bed and Breakfast. Bed and breakfast facilities must be located above the ground floor in those zoning districts in which dwelling units and other residential uses are not permitted (by-right) on the ground floor.

17-9-0103.1 Business live/work units.

17-9-0103.1-A Purpose. Business live/work units allow limited residential use in street level commercial establishments in "B" and "C" (Business and Commercial) districts. The regulations of this section are intended to ensure that the residential use satisfies basic habitability standards and that the commercial viability of the unit is maintained.

17-9-0103.1-B Permitted uses. The following commercial uses are permitted in business live/work units:

1.   Artist work or sales space;

2.   Offices;

3.   Personal services, except massage establishments and businesses that require a Children's Activities Facility (CAF) license from the Department of Business Affairs and Consumer Protection or any successor agency; and

4.   Retail sales, general, except the following: food and beverage retail sales, the sale of firearms or ammunition, and the sale of tobacco, cigars, cigarettes or cigarette papers, leaf tobacco, snuff, or any preparations containing tobacco.

17-9-0103.1-C Standards. Business live/work units shall comply with all of the following standards:

1.   No portion of a business live/work unit may be separately leased, subleased or sold as a work space to any person not living in the unit, or as a residential space to any person not working in the unit.

2.   Business live/work units shall contain a minimum of 800 gross square feet and a maximum of 3,000 gross square feet. The work portion of the business live/work unit shall be a minimum of one-third of the total floor area of the unit or 400 square feet, whichever is greater, and a maximum of 50 percent of the total floor area of the unit. The residential portion of the business live/work unit shall be a minimum of 50 percent of the total floor area of the unit.

3.   Business live/work units must be located on the ground floor or level and at street fronting elevations. The commercial floor area shall be directly accessible from and oriented towards the street, and the entrance must be clearly designated as a business entrance.

4.   The residential portion of the business live/work unit shall include cooking space, sanitary facilities and sleeping space in compliance with Section 14B-4-419 of the Municipal Code and any other applicable codes, ordinances, laws, rules an

(a)   A performance may take place in any public place, but only between the hours of 10:00 a.m. and 8:00 p.m. on Sundays through Thursdays and 10:00 a.m. and 10:00 p.m. on Fridays and Saturdays.

(b)   A performer may not block the passage of the public through a public place. If a sufficient crowd gathers to see or hear a performer such that the passage of the public through a public place is blocked, a police officer may disperse that portion of the crowd that is blocking the passage of the public, or may order the performer to cease performing at that location until the conditions causing the congestion have abated.

(c)   A performer may not perform on the public way so as to obstruct access to private property, except with the prior consent of the owner or manager of the property.

(d)   (1)   A performer shall comply in all respects with the relevant portions of the noise and vibration control provisions of the Chicago Noise Ordinance, Chapter 8-32 of the Municipal Code, and all other applicable Code provisions, which prohibit a street performer from generating any sound by any means so that the sound is louder than an average conversational level at a distance of 100 feet or more, measured either horizontally or vertically from the point of generation. Failure to comply with these noise control limitations shall constitute a violation of this subsection (d)(1) and shall subject the violator to the penalties set forth in subsection (e) of this section and to the fine set forth in Section 4-244-170(b).

Any performer whose performance in the area bounded by Lake Michigan on the east, Oak Street on the north, Ida B. Wells Drive on the south and LaSalle Street and Wacker Drive on the west (including both sides of the named boundary streets), has exceeded the noise limitations set forth in Section 8-32-070, and restated in this subsection (d)(1), and who is given notice thereof and requested to move by a police officer, shall move the location of his or her performance at least two city blocks from the location where the noise violation occurred. Failure to obey such a request to move is a violation of this section.

(2)   It shall be a separate violation of this subsection (d) for a street performer to generate any sound by any means so that the sound is louder than an average conversational level at a distance of 200 feet or more, measured either horizontally or vertically from the point of generation. Failure to comply with these noise control limitations shall subject the violator to the penalties set forth in subsection (e) of this section.

(e)   Anyone found guilty of two violations of subsection (d)(1) of this section within one calendar year, and anyone found guilty of one violation of subsection (d)(2) of this section, shall have his or her street performer’s permit revoked by the department for a period of one calendar year. Permit revocations shall be conducted in accordance with procedures established by the department. In additio

(a)   A license may be suspended or revoked if a licensee's business is or creates a nuisance. A licensed business is or creates a nuisance if: (i) within any consecutive 12 months, not less than three separate incidents occur on the licensed premises, on or in the licensed premises' parking facility, or on adjacent property, involving illegal acts; or (ii) the licensee has failed to take reasonable steps to correct objectionable conditions existing or occurring on the licensed premises, on or in the licensed premises' parking facility, or on adjacent property while the licensed premises is open for business or within one hour of the time the establishment is opened or closed for business. The licenses of any business that is or creates a nuisance under clause (i) of this subsection (a) shall be subject to suspension or revocation pursuant to Section 4-4-280. The licenses of any business that is or creates a nuisance under clause (ii) of this subsection (a) shall be subject to suspension or revocation pursuant to the procedures set forth in subsection (b) of this section.

(b)   (1)   A group of five or more people who reside within 500 feet of a licensed premises, measured from the nearest exterior walls of each applicable building, may file with the commissioner a complaint that a licensee's business is a public nuisance because the licensee has failed to take reasonable steps to correct objectionable conditions existing on the licensed premises, on or in the licensed premises' parking facility or on adjacent property. The commissioner may notify the licensee to appear before the commissioner, in the presence of the complaining persons when the commissioner considers such presence appropriate, to define, discuss and seek resolution of problems giving rise to the complaint. The commissioner may also order subsequent meetings to review progress toward resolution of the problems. A meeting may also be convened at the request of the commissioner or the alderman of the ward in which the licensed premises is located.

Notice of any meeting scheduled pursuant to this subsection shall be sent to the alderman of the ward in which the licensed premises is located.

The failure of a licensee to appear in response to a notice, or to attend subsequent meetings as ordered by the commissioner, shall be grounds for the imposition of a fine or the suspension or revocation of a license. The progress made in resolving the problems identified in the complaint and meeting process shall be considered in any proceeding to suspend or revoke a license under this section.

(2)   After the commissioner determines that the complaint and meeting process has been completed or the licensee has failed to submit a plan of corrective action pursuant to subsection (d), the commissioner may institute a hearing based upon his reasonable belief that the operation of the business is a public nuisance. Notice of a hearing scheduled under this section shall be given to the alderman of

(a)   (1)   Except as otherwise provided in this section:

(i)   No person licensed hereunder as a retailer of alcoholic liquor shall sell, permit to be sold, or give away any alcoholic liquor between the hours of 2:00 a.m. and 7:00 a.m. on Mondays through Saturdays and between the hours of 3:00 a.m. and 11:00 a.m. on Sundays.

(ii)   No person holding a package goods license shall sell, permit to be sold, or give away any package goods between the hours of 12:00 a.m. and 7:00 a.m. on Mondays through Saturdays and between the hours of 12:00 a.m. and 11:00 a.m. on Sundays, except that a supermarket may commence the sale of package goods at 8:00 a.m. on Sundays.

(2)   A consumption on the premises – incidental activity licensee, who also has a retail food establishment license for the same premises, shall not sell, permit to be sold, or give away any liquor between the hours of 2:00 a.m. and 7:00 a.m. on Mondays through Saturdays and between the hours of 3:00 a.m. and 9:00 a.m. on Sundays at the licensed premises; provided that there shall be no sale of package goods in the licensed premises between the hours of 9:00 a.m. and 11:00 a.m. on Sundays, except that a supermarket may commence the sale of package goods at 8:00 a.m. on Sundays. A consumption on the premises – incidental activity licensee, who also has an indoor special event license issued under Chapter 4-156 shall not sell or permit to be sold any liquor after 12:00 midnight and before 12:00 noon, or at any time other than during the special event. The holder of an airport pushcart liquor license or a consumption on the premises license for an establishment located within "authorized areas" of "O'Hare" or "Midway", as those terms are defined in Section 4-60-077, may sell or permit to be sold alcoholic liquor at any time within such authorized areas, subject to such time restrictions as the commissioner of aviation may set by rule. A tavern licensee, who also has a retail food establishment license for the same premises, shall not sell, permit to be sold, or give away any liquor between the hours of 2:00 a.m. and 7:00 a.m. on Mondays through Saturdays and between the hours of 3:00 a.m. and 9:00 a.m. on Sundays at the licensed premises; provided that between the hours of 9:00 a.m. and 11:00 a.m. on Sundays, any such sale or give away of liquor shall be incidental or secondary to the serving of food.

(3)   Prior to any existing licensee's commencing early Sunday liquor sales pursuant to subparagraph (a)(1) or (a)(2), the licensee shall submit to the commissioner, along with a review fee of $250, a detailed floor plan and site plan of the licensed premises which clearly delineates the square footage of the retail floor area and the square footage of the floor area devoted to the retail sales of liquor. If after review of the such floor and site plan, the commissioner determines that the licensee meets the criteria established in subparagraph (4)(B), the commissioner shall issue a revised li

(a) Definitions . As used in this section:

"Accessory use," "accessory building" or "accessory structure" have the meaning ascribed to those terms in Section 17-9-0201-B.

"Base metal" means any metal in unwrought, semi- processed (e.g. as powder, wire, rods, cable) or waste/scrap form, including, but not limited to, iron, steel, copper, nickel, aluminum, calcium, lead, magnesium, tin, titanium, zinc, and zirconium.

"Dwelling unit" has the meaning ascribed to that term in Section 17-17-0248.

"Hazardous material" has the meaning ascribed to that term in Section 4-6-210.

"Home occupation" means the accessory use, of a business or commercial nature, of a dwelling unit by the person(s) residing in such dwelling unit. The term "home occupation" does not include persons who, as an owner or employee, perform administrative, clerical or research work in their home for an entity whose principal place of business is located elsewhere. Nor does the term "home occupation" include any child care institution, day care center, part-day child care facility, group home, day care home or group day care home that is properly licensed by a state agency or by the City of Chicago. Nor does the term "home occupation" include any cottage food operation or home kitchen operation properly registered by a state or county agency or the City of Chicago.

"Non-resident external employee(s)" or "external employee(s)" have the meaning ascribed to those terms in subsection (g)(9)(ii) of this section.

"Non-resident internal employee(s)" or "internal employee(s)" have the meaning ascribed to those terms in subsection (g)(9)(i) of this section.

"Residential building" has the meaning ascribed to the term in Section 17-17-02146.

(b) Scope of license . A regulated business license for a home occupation shall entitle its holder to conduct more than one home occupation within the licensed dwelling unit if the license applicant indicates, on the license application form, the occupations that will be carried on in such dwelling unit.

(c) Application – Additional information required . In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of, a regulated business license to engage in a home occupation shall be accompanied by the following information:

(1)   the location of the dwelling unit where the home occupation will be carried on;

(2)   the name of the person(s) who will be designated as the licensee;

(3)   whether more than one home occupation will be carried on in the dwelling unit;

(4)   the type(s) of occupation(s) that will be carried on in the dwelling unit;

(5)   the total square footage of the floor area of the applicable dwelling unit;

(6)   the total square footage of the floor area of the dwelling unit that will be permanently occupied by the home occupation;

(7)   the percentage of the floor area of the dwelling unit that will be permanently occupied by the home occupation;

(8)   whether any accessory b

(a) Definitions . As used in this section:

"Applicant" means a natural person; any partner, if a general partnership; any general partner, if a limited partnership; any principal officer, if a corporation; any managing member, if a limited liability company; any owner of 25% or more of the applicant; or in the case of a cooperative building, a lessee with a proprietary lease of a cooperative in a cooperative building.

"Board of directors" means the board of directors of a cooperative building.

"Building containing two to four dwelling units" includes, but is not limited to, a duplex or rowhouse comprising two to four connected dwelling units.

"Building containing five or more dwelling units" includes, but is not limited to, a rowhouse comprising five or more connected dwelling units.

"Cooperative" means an individual dwelling unit within a cooperative building.

"Dwelling unit" has the meaning ascribed to that term in Section 17-17-0248.

"Egregious condition" has the meaning ascribed to that term in Section 4-14-010.

"Excessive loud noise" means: (1) any sound generated between the hours of 8:00 p.m. and 8:00 a.m. from within the vacation rental or on any private open space having a nexus to the vacation rental that is louder than average conversational level at a distance of 100 feet or more, measured vertically or horizontally from the property line of the vacation rental or private open space, as applicable; or (2) any sound generated on the public way immediately adjacent to the vacation rental, measured vertically or horizontally from its source, by any person having a nexus to the vacation rental in violation of Section 8-32-070(a); or (3) any sound generated between the hours of 8:00 p.m. and 8:00 a.m. that causes a vibration, whether recurrent, intermittent or constant, that is felt or experienced on or in any neighboring property, other than a vibration: (i) caused by a warning device necessary for the protection of the public health, safety or welfare; or (ii) caused in connection with the performance of emergency work within the vacation rental by the licensee or such licensee's agent; or (iii) subject to an exception or exclusion under Section 8-32-170.

"Guest" means any person who rents a vacation rental for transient occupancy by such person. The term "guest" does not include members of the owner's household, as that term is defined in Section 17-17-0270.

"Guest suite" means a dwelling unit that is available for rent or for hire for transient occupancy solely by the invitees or family members of residents of the building which contains the dwelling unit, and is not offered, advertised or made available for rent or hire to members of the general public. As used in this definition, the term "family members" has the meaning ascribed to that term in Section 4-14-010.

"Homeowners association" means the association of all the unit owners, acting pursuant to bylaws through its duly elected board of managers. For purposes of this

(a)   Mobile food vehicles shall move from place to place upon the public ways and shall not be operated at a fixed location except as otherwise provided herein.

(b)   Mobile food vehicle stops shall be made only to service customers and shall not exceed (i) a total of four hours or (ii) the maximum permitted period for parking, whichever is lesser, in any one block.

(c)   No mobile food vehicle shall be equipped with any electronic sound-amplifying device. Permitted advertising devices shall be limited to bells, whistles, horns or other musical or noise-making devices which do not employ any electronic sound-amplifying device. Mobile food vehicles employing musical or noise- making devices shall only sound said devices when traversing the public way and shall be prohibited from sounding said devices while standing or parked.

(c-5) No mobile food vehicle equipped with a musical or noise-making device shall sound any such device at any location between the hours of 7:00 p.m. and 9:00 a.m., or at any time within 200 feet of a hospital, nursing home or while traversing any zone of quiet established under Chapter 10-8 of the Municipal Code.

(d)   Unless specifically allowed in a mobile food vehicle stand, no sales from such mobile food vehicle shall be made between the hours of 2:00 a.m. and 5:00 a.m.

(e)   No operator of a mobile food vehicle shall park or stand such vehicle:

(i)   within 20 feet of a crosswalk;

(ii)   within 30 feet of a stop light or stop sign; or

(iii)   adjacent to a protected bike lane.

(f)   No operator of a mobile food vehicle shall park or stand such vehicle within 200 feet of any principal customer entrance to a restaurant which is located on the street level; provided, however, the restriction in this subsection shall not apply between 12 a.m. and 2 a.m.

Restaurant, for purposes of this section, means any public place at a fixed location kept, used, maintained, advertised and held out to the public as a place where food and drink is prepared and served for the public for consumption on or off the premises pursuant to the required licenses. Such establishments include, but are not limited to, restaurants, coffee shops, cafeterias, dining rooms, eating houses, short order cafes, luncheonettes, grills, tearooms and sandwich shops.

(g)   Except as otherwise provided herein, no sale shall be made from a mobile food vehicle except from the curb side thereof, and then only when such vehicle is standing or parked in a legal parking spot.

(h)   Mobile food vehicles that are being used to provide food and drink to persons engaged in construction in the City of Chicago and which are not equipped with noise-making devices are exempt from the provisions of (f) above, provided such vehicles are standing or parked in a legal parking spot.

(i)   Any person who violates or resists the enforcement of subsection (c-5) of this section shall be fined as provided in section 7-38-128 of this Code for each violation. A separate and d

This chapter may be referred to as the Chicago Noise Ordinance.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5)

When used in this chapter, the following terms have the stated definitions:

"Air handling unit" means any device or machine that as part of its function moves air into or out of a building, and includes but is not limited to any air conditioner, ventilation fan or exhaust fan.

"Ambient noise level" means the sound level at a given location that exists as a result of the combined contribution in that location of all sound sources, excluding the contribution of a source or sources under investigation for violation of this Code.

"Average conversational level" means a level at which normal, unamplified speech is clearly and distinctly audible above ambient noise level.

"District" means those districts established by the City Zoning Ordinance ( Title 17 of this Code).

“Mechanical stationary equipment” means any single or group of machines or devices operated by fuel or electric power that does not change locations in the course of its use, including, but not limited to, air handling units and refrigeration units. Mechanical stationary equipment includes equipment on vehicles or trailers, including, but not limited to, generators, used when the vehicle or trailer is parked.

"Noise disturbance" means any sound which is audible at a distance of 600 feet or more from the source.

"Private open space" means any area on private property that is open to the outdoors, including but not limited to backyards, front yards, gangways and structures with windows and/or doors open to the outdoors.

"Public way" means any sidewalk, street, alley, highway or other public thoroughfare.

"Refrigeration unit" means any device or machine that as part of its function cools air, and includes but is not limited to any air conditioner or compressor used in connection with any refrigerator or freezer.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5; Amend Coun. J. 11-15-23, p. 6542, Art. V, § 2)

An area shall be designated a noise sensitive zone following passage of an ordinance amending Section 8-32-065 that includes a finding, developed in consultation with the Department of Police and Department of the Environment, that such zone is an area where noise sensitive activities take place. Existing quiet zones shall be considered noise sensitive zones until otherwise designated. Noise sensitive activities include, but are not limited to, operations of schools, libraries open to the public, places of worship, hospitals and nursing homes. The Commissioner of Transportation shall install conspicuous signage identifying such areas as noise sensitive zones.

(Added Coun. J. 11-16-11, p. 13798, Art. II, § 5; Amend Coun. J. 11-20-19, p. 10362, § 2; Amend Coun. J. 12-20-25, p. 39283, Art. III, § 7; Amend Coun. J. 2-18-26, p. 40516, § 1)

(a) Definitions . As used in this section, unless the context indicates otherwise:

"Chronic illegal activity premises" means any premises that is the subject matter of three or more calls for police service on three different days within any 90-day period resulting in (1) a case report documenting an investigation of illegal activity within the premises; or (2) enforcement action against any tenant or person associated with the premises for illegal activity occurring within the premises or within one block or one thousand feet of the premises. Provided, however, that the following shall not be counted when determining whether a premises meets the definition of a chronic illegal activity premises:

(1)   any illegal activity reported to the police department by the building owner or the building owner's agent via the city's 9-1-1 emergency telephone system;

(2)   incidents of domestic violence, as defined in the Illinois Domestic Violence Act of 1986, as amended;

(3)   any contact made to the police or other emergency services with the intent of preventing domestic or sexual violence, or seeking an emergency response to domestic or sexual violence;

(4)   any contact made to police or other emergency services by, on behalf of, or otherwise concerning an individual with a disability, where the purpose of that contact is related to that individual's disability;

(5)   any incident of actual or threatened domestic or sexual violence against a tenant, a household member, a guest or any other party that occurs in or on the premises of a residential dwelling unit;

(6)   criminal activity or a local ordinance violation occurring in or on the premises of a residential dwelling unit that is directly relating to domestic violence or sexual violence and is reported by the victim or a party seeking services or assistance for the victim.

"Corporation counsel" means the corporation counsel of the City of Chicago or the corporation counsel's designee.

"Enforcement action" means (1) the physical arrest of an individual; or (2) the issuance of a citation for a violation of law; or (3) a referral of charges by the police to the corporation counsel or other appropriate authority for prosecution.

"Executive director" means the executive director of emergency management and communications or the executive director's designee.

"Illegal activity" means any of the following activities, behaviors or conduct:

1.   Disorderly conduct within the meaning of Section 8-4-010 or any comparable federal, state or local law;

2.   Gang loitering within the meaning of Section 8-4-015 or any comparable federal, state or local law;

3.   Narcotics-related loitering within the meaning of Section 8-4-017 or any comparable federal, state or local law;

4.   Threats or intimidation in public places within the meaning of Section 8-4-026 or any comparable federal, state or local law;

5.   Drinking in the public way within the meaning of Section 8-4-030 or any comparable federal, s

This article shall not apply to radios in private vehicles, when the same are operated in such a manner as not to be audible at a distance of thirty (30) feet from such vehicle, nor to noise devices, bands, or other musical devices used in any public parade or procession which is operated under a permit in accordance with the ordinances of the city.

(Code 1954, § 24.29; Ord. No. 97-37, § I, 11-3-97; Ord. No. 99-15, § III, 4-5-98)

(a) Words and terms used in this article not defined in this section shall have the meanings provided in the village zoning regulations in chapter 56. With regard to dangerous, abandoned and unsafe buildings, the words "building," "unsafe building," "structure," or "premises" shall be construed as though they were followed by the words "or any part thereof."

(b) 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:

Abandoned building means a building with regard to which the owner has exhibited an intention to abandon and made an overt act or failure to act which carries the implication that the owner does not claim to or retain any interest in the building. It shall be deemed conclusive evidence of abandonment if a building has remained unoccupied for six months and:

(1) No attempt has been made to sell or lease the premises or rehabilitate it in an effort to make it ready for sale or lease.

(2) No attempt has been made to maintain the building in a structurally safe condition or to remove all conditions dangerous to the public health or to remove conditions which aid in the spread of disease.

(3) Because of faulty construction, age, lack of proper repair or any other cause is especially liable to fire or does create a fire hazard.

(4) By reason of faulty construction or other cause is liable to cause injury or damage by collapsing or by the collapse or fall of any part of such structure.

(5) Because of its condition or because of a lack of doors and windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.

(6) No taxes have been paid in the year immediately preceding the filing of an order to abate the abandoned building.

Branch soil pipe means any pipe receiving the discharge from one or more water closets and with or without other fixtures and leading toward and connecting with the main soil pipe but not necessarily extending through the roof.

Building means all houses or structures, vacant, unused or used for single-family or multifamily dwellings, business or occupational uses; sheds, fences, garages or other manmade structures or any part thereof, whether vacant or not, within the corporate limits of the village.

Building officer means the building commissioner, the chief of police, the fire chief, the health officer and all inspectors and assistants as provided for by the village board of trustees. All such inspectors and assistants are under the jurisdiction of and subject to the control of the building commissioner.

Building official means any building department official or inspector.

Electrical equipment means conductors and other equipment installed for the utilization of electricity for light, heat or power. The term "electrical equipment" does not include radio apparatus or equipment for wireless apparatus of sounds and s

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

Machine shop means a work shop in which machines are made or parts are repaired or where parts of machines or tools, wood, implements, dies, gears, screws, tin or metal or other articles are cut, filed, shaped, punched, stamped, planed, sawed or repaired by means of a lathe, drill, punch, saw, planer or other machinery.

(b) Operation hours restricted. No machine shop shall be operated in the night time between the hours of 8:00 p.m. and 6:00 a.m. in any block in which the majority of the buildings on both sides of the street are used exclusively for residential purposes or within 100 feet of such block.

(c) Noise restrictions. No person shall operate within 200 feet of any residence, a machine shop wherein pneumatic hammers or other apparatus are used which cause loud or unusual noises.

(d) Regulating spray booth and automotive painiting in auto body/machine shops.

(1) Definitions.

Auto body shop means a facility engaged in the repair, refinishing, or painting of motor vehicles. Furniture and cabinet finishing facility means a business or location where painting, staining, or coating of furniture and cabinets is conducted.

Spray booth means a controlled environment designed for the application of paints, coatings, and other substances to vehicles, furniture, cabinets, or parts, equipped with ventilation and filtration systems.

Volatile organic compounds (VOCs) means harmful emissions produced from paints and solvents that must be controlled per EPA standards.

(2) Safety and operational requirements. All spray booths must be designed, installed, and maintained per the National Fire Protection Association (NFPA) 33, International Fire Code (IFC) 2404, NFPA 25 Section 5.4.18, International Mechanical Code (IMC) 502.7, and Occupational Safety and Health Administration (OSHA) standards. Adequate ventilation and filtration systems must be installed to capture overspray and reduce airborne contaminants. Only EPA-approved paints, coatings, and solvents with low VOC content shall be used to minimize environmental impact. Personal protective equipment (PPE) such as respirators, gloves, and protective suits must be provided for all employees working within spray booths. Spray booths used for furniture and cabinet finishing must comply with the same fire safety, ventilation, and environmental regulations as those used in auto body shops.

(3) Environmental compliance. Auto body shops and furniture/cabinet finishing facilities must comply with all EPA regulations under the Clean Air Act, including proper disposal of hazardous waste and compliance with National Emission Standards for Hazardous Air Pollutants (NESHAP).

Waste materials, including used filters and paint residues, must be disposed of per state and federal hazardous waste guidelines. Sho

(a) Definitions.

(1) Mobile food vendor shall mean any person(s) who operates or sells food from a mobile cart, stationary cart, pedal cart, tent, trailer, van or similar framework with or without an engine, to the general public.

(2) Mobile food vehicle shall mean a fully enclosed vehicle or trailer equipped with facilities for preparing, cooking, and selling various food products and operating at an approved fixed location as an extension of a retail food establishment.

(b) Mobile food vendor license required. No person shall engage in the business of mobile food vending without having first obtained a business license and a mobile food establishment license from the village.

(c) Permit limitation. Notwithstanding any other provision of this section. the total number of active mobile food vendor or mobile food vehicle licenses issued by the Village at any one time shall not exceed five. Licenses shall be issued on a first-come, first-served basis to applicants meeting all requirements of this chapter. Once the maximum number has been reached, additional qualified applicants shall be placed on a waiting list and considered only upon expiration. surrender, revocation, or non-renewal of an existing license. Nothing herein shall require the Village to issue the maximum number of licenses. This limitation shall not apply to mobile food vendors whose operation is limited to special events under section (l) or the Chicago Ridge Farmers Market.

(d) Application.

(1) All mobile food vendors shall submit an application for a business license on forms provided by the village clerk in accordance with article II of this chapter 14.

(2) All mobile food vendors shall submit an application for a food truck license on forms provided by the village clerk in accordance with article II of this chapter 14.

(3) In addition to the forms required by article II, applicants shall provide:

a. A valid copy of all permits from the Illinois Department of Public Health.

b. A list of all food products sold;

c. A description and photo of the vehicle, tent, or other structure used to sell items;

(4) Mobile food vendors shall be required to undergo an inspection by the local health department and fire department prior to licensure. The commissary from which the food truck is supplied must also receive a health inspection from the government entity where it is licensed.

(e) Fees. The fee for a mobile food vendor license shall be stated in the village's fee ordinance.

(f) Insurance.

(1) All mobile food vendors shall procure commercial general liability insurance, with limits of not less than $250,000.00 per occurrence, for bodily injury, personal injury and property damage and commercial automobile liability insurance with limits of not less than $250,000.00 combined single limit, per occurrence for bodily injury and property damage arising in any way from the issuance of the license or activities conducted pursuant to the license.

(2) The insurance policy required

(a) The Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., as amended from time to time, is hereby adopted by reference to be applied within the corporate limits of the village to the extent permitted by law and to the extent that its subject matter is not regulated by this Code or inconsistent with any lawful provisions of this Code. The adoption of state statutes in this section includes, by way of illustration and not limitation, the following:

Certificates of Title and Registration of Vehicle

5

(a) Uses subject to conditions. Uses permitted in the M-1 restricted manufacturing district are subject to the following conditions:

(1) All business, servicing or processing, except for off-street parking and off-street loading as regulated by article XII of this chapter, or establishments of the "drive-in" type offering goods or services directly to customers waiting in parked motor vehicles, shall be conducted within completely enclosed buildings, unless otherwise hereinafter provided.

(2) All storage within 100 feet of a residence district boundary, except of motor vehicles in operable condition, shall be completely within 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.

(b) Permitted uses. The following uses are permitted in the M-1 restricted manufacturing district:

(1) Agricultural buildings and structures;

(2) Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products except those uses involving the storage, utilization or manufacture of materials or products which decompose by detonation which conform with the performance standards set forth in section 56-229 which shall not be injurious or offensive to the occupants of adjacent premises by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, fire or explosive hazards or glare or heat;

(3) Auto laundries;

(4) Auto repair, body and paint shops;

(5) Reserved.

(6) Banks;

(7) Building material sales;

(8) Cartage and express facilities and rental of related equipment;

(9) Contractors', architects' and engineers' offices, shops and yards, such as building, cement, electrical, heating, ventilating and air conditioning, masonry, painting, plumbing, refrigeration and roofing;

(10) Currency exchanges;

(11) Drugstores;

(12) Dry cleaning establishments, with no limitation on number of employees;

(13) Dwelling units for watchmen and their families located on the premises where they are employed in such capacity;

(14) Fuel and ice sales;

(15) Garages for storage, repair and servicing of motor vehicles;

(16) Greenhouses, wholesale;

(17) Highway maintenance shops and yards;

(18) Laundries, with no limitation on number of employees;

(19) Adult-use cannabis cultivation center;

(20) Adult-use cannabis craft grower;

(21) Adult-use cannabis processing organization;

(22) Adult-use cannabis infuser organization;

(23) Adult-use cannabis dispensing organization;

(24) Adult-use cannabis transporting organization;

(25) Lodges and offices of organizations;

(26) Mail order houses;

(27) Mail order warehouses;

(28) Medical and dental clinics;

(29) Packing and crating;

(30) Parking lots, other than accessory and subject to the provisions of article XII of this chapter;

(31) Printing;

(32) Public utility and service uses, as follow:

a. Bus s

Any use established in the M-1 restricted manufacturing district after the effective date of the ordinance from which this chapter is derived shall be so operated as to comply with the performance standards hereinafter set forth in this section for the district. No use lawfully established on the effective date of the ordinance from which this chapter is derived hereof shall be so altered or modified as to conflict with, or further conflict with, the performance standards.

(1) Noise. The following shall be the performance standards for the M-1 district for noise:

a. Measurement. Sound levels shall be measured with sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards of this article, provided that such noises shall be capable of being accurately measured with such equipment.

Noises capable of being so measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. _____

b. Noise; maximum levels permitted. In the M-1 restricted manufacturing district, at no point on the boundary of a residence or business district shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter, such as the operation of motor vehicles or other transportation facilities), exceed the decibel limits in the following octave bands:

(2) Vibration. The following shall be the performance standards for the M-1 district for vibration:

a. In the M-1 restricted manufacturing district, any industrial operation or activity which shall cause at any time and at any point along the nearest adjacent lot line, earthborne vibrations other than background vibrations produced by some source not under control of this chapter, such as the operation of motor vehicles or other transportation facilities in excess of the limits set forth in column I of the following table is prohibited. In addition, any industrial operation or activity which shall cause at any time and at any point along a residence district boundary line earthborne vibrations in excess of t

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

EPA noise pollution control regulations means noise regulations as adopted by the state pollution control board on July 26, 1973, and published in the Pollution Control Board Newsletter, number 70, which regulations were effective August 9, 1973, and such other amended regulations as may be passed from time to time.

Ton capacity means the capacity of output effect of a cooling or refrigerating apparatus equal to the removal of heat to freeze one ton of water at 32 degrees Fahrenheit into ice at 32 degrees Fahrenheit per 24 hours. One-ton capacity is equal to 288,000 Btu's in 24 hours.

Window air conditioner means a unit which is ordinarily installed in a window or into a wall and which has a ton capacity of 1½ tons or less.

(b) Applicability. This section shall apply to areas zoned R-1 and R-2, only, as defined in the zoning ordinance in appendix A to this Code.

(c) Noise restrictions.

(1) The noise pollution control regulations adopted by the state pollution control board on July 26, 1973, are adopted as the regulations of this section for the purpose of determining sound levels of window air conditioners and central air conditioning condenser units.

(2) It shall be unlawful for any person to cause or allow the emission of sound from the operation of a window air conditioner or central air conditioning condenser unit during the hours of 11:00 p.m. to 6:30 a.m. which exceeds the minimum standards set forth in the state environmental protection agency regulations referred to in subsection (c)(1) of this section.

(3) Sound pressure level measurements shall be taken at any property lot line of the receiving land and shall be made in substantial conformity with standards and recommended practices established by the American National Standards Institute, Inc., and the Society of Automotive Engineers, Inc., and the latest revisions thereof.

(d) Placement of units.

(1) Notwithstanding subsections (a) through (c) of this section, no person shall cause or allow any window, casement-type air conditioner or central air conditioning condenser unit to be placed in his building in such a manner as to permit the discharge of exhaust air therefrom to blow into a window or other opening of any adjacent building at any time.

(2) All air conditioning units, whether window-type units or central air conditioning condenser units, shall be maintained in proper working order and shall be set on rubber shock mounts so as to minimize vibration therefrom.

(e) Penalties.

(1) Any person who shall willfully violate this section shall, upon conviction, be fined not to exceed $750.00 for each offense.

(2) Any violation of this section shall be presumed willful if after, receiving written notice from the commissioner of public health or building commissioner o

(a) Definitions.

(1) As used in this section, the term "Block Party" shall be defined as a congregation of citizens and neighbors held outdoors and on public property for the purpose of socializing and conducting activities, which activities may include, without limitation, children's games, picnics, food preparation and dispensing and entertainment.

(2) As used in this section, the term "Organizer" shall be defined as the person responsible for the Block Party.

(b) Permit Required. No person shall conduct a Block Party and/or otherwise occupy or use a public street, alley, roadway, parkway or sidewalk for the purpose of conducting a Block Party without first obtaining a written permit from the Town.

(c) Criteria for Permit. A Town resident may apply to hold a Block Party within the Town by submitting a Cicero Block Party application to the Office of the Town Clerk, during regular Town business hours. The Block Party application must be completed and must be submitted at least 30 calendar days prior to the proposed date of the Block Party and shall contain or be supplemented with the following information:

(1) A petition containing the date, time, backup dates and times and specific location of the Block Party. The petition should request that a permit be issued to hold the Block Party, must list each household on the block by address and must state whether each household in the designated location wants to participate in the Block Party.

The petition must also be signed by no fewer than 75 percent of the households in the designated location.

(2) A written statement by the Organizer identifying the name, address and telephone number of the Organizer and setting forth that the Organizer agrees to remain at the Block Party for the duration of the Block Party and shall comply with all subsections of this section and all applicable federal, state and local laws, statutes, ordinances, rules, regulations and orders.

(3) Evidence that the Organizer is at least 21 years of age.

(4) A nonrefundable $250.00 fee, via cash, cashier's check, certified check or money order, to the Town to pay for security and processing the application.

(d) Action on Permit. Upon the Town's receipt of the application, the Town Clerk shall check whether or not the date the applicant is seeking for the Block Party is available. If the date is no longer available, the applicant will be given an opportunity to hold the Block Party on one of the backup dates listed in the application or choose a new date. Once the application is completed and accepted, the Town Clerk shall request a recommendation from the Cicero Police Department regarding whether or not the Block Party permit should be granted for the location in question. The factors that the Cicero Police Department may consider when making its recommendation include the number of calls the Cicero Police Department has received regarding criminal activity in the area of the proposed Block Party, gang activity, family

There is hereby established a public outdoor furniture program for the seasonal placement of outdoor furniture on the public way by restaurants and carryout food establishments for the use and benefit of the general public. Participation in this program shall require the issuance of a permit through the permit process set forth in this section and compliance with the regulations and requirements set forth in this section.

(1) Permit: required. No person shall place or maintain any public outdoor furniture on any street without a permit. A separate permit must be obtained for each location, which permit shall be valid only for the particular furniture specified thereon. Each permit shall bear a separate number, and all said permits shall be issued by the license officer or his or her designee.

(2) Permit: application. No public outdoor furniture permit shall be issued except upon written application of a licensed restaurant or carryout food establishment within the town, made upon a form prescribed by the finance committee, license officer or its or his or her designee, and said form shall state the location and duration of such use, including a site plan accurately showing the surrounding building site, the actual sidewalk widths, all existing encroachments into the sidewalk, the location and dimensions of the proposed furniture to be used, photographs or drawings of the furniture that depict the actual color and style of the furniture being proposed for public use and such other information as may be required by the town. Site plans, photographs and drawings submitted hereunder shall clearly indicate compliance with the specifications and requirements set forth herein.

A restaurant operator shall have the option to apply for either an outdoor restaurant table permit under section 82-34 or an outdoor public furniture permit under this section 82-37, but shall not be permitted to participate in both programs simultaneously. The application shall contain a statement which must be signed by the applicant which indicates that the applicant has fully read, understands and agrees to abide by the public outdoor furniture permit requirements and specifications and acknowledges that the applicant further understands that a failure to comply with same may result in the revocation of the permit.

(3) Public outdoor furniture; specifications:

a. Size: The furniture must be of a size which permits it to be placed in the public way without extending beyond the excess sidewalk right-of-way, or reducing the unobstructed clear passage area of any sidewalk to less than six feet in width. In no event shall the uses permitted by this section reduce the portion of any sidewalk so that wheel chairs, baby strollers, walkers and pedestrians are no longer allowed to pass on the sidewalk, and if there is not sufficient room to allow the aforementioned to pass on the sidewalk, the public outdoor furniture shall be declared a public nuisance;

b. Height: The height of f

(a) Definitions. The words and terms used in this Section shall have the meanings ascribed to them in this Subsection, unless the context clearly indicates a different meaning. The use of any term in the present tense shall include the future and past tense of the term, all terms used in the singular shall include the plural and all words used in the masculine gender shall extend to and apply to the feminine gender, when applicable.

Parade means any march, procession or other similar activity consisting of persons, animals, vehicles or things, or any combination thereof, upon any public Street, sidewalk, alley or other public place, which requires a Street closing or otherwise requires police officers to stop or reroute vehicular traffic because the marchers will not comply with normal and usual traffic regulations or controls.

Person means any individual, firm, partnership, association, corporation, company, organization or entity of any kind.

Special Event means a temporary planned aggregation of attractions such as a festival, celebration, Parade, concert or any similar occurrence to be conducted on a Street or on property that is primarily outdoors and requires the Town to close a Street or a portion of a Street. A Special Event does not include any events hosted or sponsored by the Town.

In addition, Public Assemblies, as defined in Section 82-271 of this Code, and Block Parties, as defined in Section 82-15 of this Code, are not included in the definition of Special Event as the requirements for Public Assemblies and Block Parties are specific for those events.

Sponsor means the Person who is conducting the Special Event or in whose name or for whose support the proposed Special Event will be held.

Street means any place or way set aside or open to the general public for purposes of vehicular traffic, including any berm or shoulder parkway, right-of-way or median strip thereof.

(b) Approval of a Special Event. No Person shall conduct, participate in, advertise for or in any way promote, organize, control, manage, solicit or induce participation in a Special Event unless the Sponsor of the Special Event has first had its application for a Special Event approved by the Board of Trustees.

(1) A Sponsor shall apply to the Board of Trustees for approval to hold a Special Event.

The application shall be filed not less than 30 calendar days prior to the scheduled date of the Special Event, which timeframe may be waived by the Board of Trustees in its reasonable discretion. The application shall include the following information:

a. The name, address, telephone number and facsimile number of each Sponsor and, if the Sponsor is an entity, the name, address, telephone number and facsimile number of an authorized and responsible agent;

b. The date or dates of the Special Event, including the beginning and ending hours of the Special Event;

c. The block or intersection, or portion thereof, in which the Street closure will occur;

d. The esti

Generally: A "public nuisance" is a thing, act, occupation, condition, or use of property which shall continue for such length of time as to: Substantially annoy, injure or endanger the comfort, health, repose or safety of the public. In any way render the public insecure in life or in the use of property. Offend the public morals or decency. Unlawfully and substantially interfere with, obstruct or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water, or other public way. Public Nuisances Affecting Health: The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but shall not be construed to exclude other health nuisances coming within the definition of subsection A of this section: All decayed, harmfully adulterated or unwholesome food or drink sold or offered for sale to the public. Carcasses of animals, birds, or fowls not buried or otherwise disposed of in a sanitary manner within twenty four (24) hours after death. Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, bedding, packaging material, abandoned vehicles or machinery scrap metal, or any material in which flies, mosquitoes, disease carrying insects, rats or other vermin may breed; or which may constitute a fire hazard. All stagnant water in which mosquitoes, flies, or other insects can multiply. (Ord. 90-10-17) Garbage or waste containers that are not regularly emptied, that allow insects, rats and other vermin to breed, or that allow garbage to be blown to other properties. (Ord. 09-01-02) The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, or industrial dust within the village in such quantities as to endanger the health of persons of ordinary sensibilities or to threaten or cause substantial injury to property. The pollution of any public well, cistern, stream, lake, canal, body of water, storm sewer or drainage facility by sanitary sewage, industrial wastes, or other noxious substances. Any use of property, substances or things within the village emitting or causing any foul, offensive, noisome, nauseous, noxious, or disagreeable odors, effluvia, or stenches repulsive to the physical sense of the ordinary persons which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the village. All abandoned wells not securely covered or secured from public use. Any barn, stable or shed used for keeping nondomestic animals. Any obstruction in or across any watercourse, drainage ditch, or ravine. (Ord. 90-10-17) Open burning other than in compliance with section 24.19 of this code. (Ord. 14-12-41) The deposit of garbage, rubbish, junk, dismantled vehicles, or any offensive substance on any street, sidewalk, or public place, or on any private property, except as may be permitted by ordinance. Any noxious weeds on private property, as defined by the Illinois Compiled Statutes or th

ABUT: To share a common wall or lot line without being separated by a street or alley.

ACCESSIBILITY RAMP: A ramp or similar structure that provides wheelchair or similar access to a structure.

ACCESSORY BUILDING: A detached, roofed-over structure that is incidental, customary and subordinate to the use of the principal building.

ACCESSORY STRUCTURE: A detached structure, other than an accessory building, located on the same lot as the principal building that is incidental to the use of the principal building.

ACCESSORY USE: A use of land or a structure, or portion thereof, customarily incidental and subordinate to the principal use of the land or structure.

ADDITION: Construction that increases the size of a structure in terms of building footprint, height, or floor area.

ADJACENT: To lie near or close to; in the neighborhood or vicinity of.

ADJOIN: Touching or contiguous, as distinguished from adjacent.

A-FRAME SIGN: A temporary sign ordinarily in the shape of the letter “A” or some variation thereof, which is displayed on the ground, not permanently attached to the ground, and usually two-sided, generally connected at the top and separated at the bottom.

A-FRAME SIGN

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

AMATEUR (HAM) RADIO EQUIPMENT: An amateur (HAM) radio station licensed by the Federal Communications Commission (FCC), including equipment such as, but not limited to, a tower or building-mounted structure supporting a radiating antenna platform and other equipment.

AMUSEMENT FACILITY - INDOOR: A facility for spectator and participatory uses conducted within an enclosed building, such as movie theaters, gymnasiums (excluding those within public parks), sports arenas, bowling alleys, tumbling centers, skating centers, roller rinks, and pool halls. An indoor amusement facility may include ancillary uses such as, but not limited to, concession stands, restaurants, and retail sales.

AMUSEMENT FACILITY - OUTDOOR: A facility for spectator and participatory uses conducted outdoors or within partially enclosed structures, such as outdoor stadiums, fairgrounds, batting cages, miniature golf courses, and amusement parks. An outdoor amusement facility may include ancillary uses such as, but not limited to, concession stands, restaurants, and retail sales.

ANCILLARY: In regard to principal uses, additional uses part of the larger principal use that provide support and/or are typically integral to a principal use.

ANIMAL CARE FACILITY: A business which provides care for domestic animals, including veterinary offices for the treatment of animals, where animals may be boarded during their convalescence, pet grooming facilities, and pet boarding facilities, where animals are boarded during the day or for overnight stays.

ANIMAL KENNEL, COMMERCIAL: An establishment where dogs over six (6) months of age are boarded, bred, raised, and trained for commercial gain. A commercial animal k

Where applicable, principal uses are required to comply with all use standards of this section, whether a permitted or conditional use, in addition to all other regulations of this Code.

Animal Care Facility, Animal Kennel: Commercial, And Animal Shelter: Exterior exercise areas must be located to the interior side or rear of the principal building on the lot. Exterior exercise areas must provide covered areas over a minimum of twenty five percent (25%) of the exterior area to provide shelter against weather. Exterior exercise areas are prohibited in required setbacks. Exterior exercise may be located on rooftop, when determined by the Village to be structurally sound for such use. All animal quarters and exterior exercise areas must be kept in a clean, dry, and sanitary condition. All animal overnight boarding facilities must be located indoors. Car Wash: Car wash facilities must be screened along interior side and rear lot lines with a privacy fence or wall, a minimum of six feet (6’) and a maximum of seven feet (7’) in height. One shrub a minimum of three feet (3’) in height at time of planting must be planted linearly every three feet (3’) on-center along such fence or wall. The site must be graded to drain away from adjoining properties. Community Garden: Community gardens are limited to the cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the production, cultivation, growing, and harvesting of any agricultural, floricultural, or horticultural commodity. It may also include community-gathering spaces for active or passive recreation but playground equipment is prohibited. Greenhouses, including high tunnels/hoop-houses, cold-frames, and similar structures, are permitted to extend the growing season. Accessory structures such as sheds, gazebos, and pergolas are also permitted. Day Care Center And Day Care Home: Each day care center or home must comply with all applicable state and federal regulations. The operator of a day care must be licensed by the state. A day care home must maintain its original appearance as a residential dwelling. A day care center must provide a pickup/drop off area. When a day care center is part of a multi-tenant retail center, the pickup/drop off area must not interfere with vehicle circulation in the parking lot, including blocking of the drive aisle. Drive-Through Facility: All drive through facilities require site plan review by the Director of Community Development. All drive-through facilities must provide a minimum of three (3) stacking spaces per lane or bay, unless additional stacking spaces are specifically required by this Chapter. Stacking spaces provided for drive-through uses must be: A minimum of nine feet (9’) in width, as measured from the outermost point of any service window or bay entrance, to the edge of the driveway, and eighteen feet (18’) in length. In the case of a recessed service window, the measurement must be taken from the building

All uses must comply with the performance standards established in this section unless any federal, state, or local law, ordinance, or regulation establishes a more restrictive standard, in which case, the more restrictive standard applies.

Noise: No activity or use must be conducted in a manner that generates a level of sound as measured on another property greater than that allowed by federal, state, and local regulations, as amended from time to time. These limits do not apply to construction noises, noises emanating from safety signals or warning devices, noises not directly under the control of the owner or occupant of the property, and transient noises from moving sources, such as motor vehicles, railroads and aircraft. Glare And Heat: Any activity or the operation of any use that produces glare or heat must be conducted so that no glare or heat from the activity or operation is detectable at any point off the lot on which the use is located. Flickering or intense sources of light must be controlled or shielded so as not to cause a nuisance across lot lines. Stormwater Management: All development must comply with local, county, state, and federal stormwater management requirements. Vibration: No earthborn vibration from the operation of any use may be detectable at any point off the lot on which the use is located. Dust And Air Pollution: Dust and other types of air pollution, borne by the wind from sources, such as storage areas, yards, roads, conveying equipment and the like, within lot boundaries, must be kept to a minimum by appropriate landscape, screening, sheltering, paving, fencing, wetting, collecting, or other acceptable means. Discharge And Disposal Of Radioactive And Hazardous Waste: The discharge of fluid and the disposal of solid radioactive and hazardous waste materials must comply with applicable federal, state, and local laws, and regulations governing such materials or waste. Radioactive and hazardous material waste must be transported, stored, and used in conformance with all applicable federal, state, and local laws. Electromagnetic Interference: Electromagnetic interference from any operation of any use must not adversely affect the operation of any equipment located off the lot on which such interference originates. Odors: Any condition or operation which results in the creation of odors of such intensity and character as to be detrimental to the public health and welfare, or which interferes unreasonably with the comfort of the public, must be removed, stopped or modified so as to remove the odor. Fire And Explosion Hazards: Materials that present potential fire and explosion hazards must be transported, stored, and used only in conformance with all applicable federal, state, and local regulations.

(Ord. 19-10-26)

Adoption Of Code: In lieu of using any section, or in addition to any section of this chapter, the officer issuing a citation may issue it by using any of the sections of the Illinois vehicle code, 625 Illinois Compiled Statutes 5/1-100 through 5/20-204 and 25/1 through 25/9, and any amendments, which are incorporated and adopted by reference as part of this chapter, copies of said code having been on file in the office of the village clerk and available for public use, inspection and examination for at least ten (10) days prior to the adoption of this chapter as provided in section 5/1-3-2 of the Illinois municipal code. All citations issued for these violations shall be in the name of the village and shall refer to the numbered sections in the Illinois vehicle code, but shall also be referred to as an ordinance violation in the traffic ticket complaint. (Ord. 87-04-16; amd. 2000 Code; Ord. 06-07-27) Specific Violations: In connection with the following sections: Section Description 11-1406 Obstruction to driver's view 11-1407 Improper opening of door into traffic 11-1410 Coasting on downgrade 11-1411 Following fire apparatus 12-101 Unsafe motor vehicle 12-201(a) Driving without light lamp (motorcycle) 12-201(b) Driving without lights when required 12-201(b) No taillights 12-201(b) No red taillights 12-201(b) Only one red taillight 12-201(c) No rear registration light 12-205.1 No lights when required (specified vehicle) 12-208 No signal lamp or device 12-211 Improper lighting 12-212 Illegal lights (red or flashing) 12-215 Illegal use of oscillating, rotating or flashing lights 12-301 Defective or no brakes 12-401 Use of illegal tires (studs) 12-405(c) Use of unsafe tires 12-501 No safety glass 12-502 Mirrors 12-503(a,c,e) Obstruction of driver's view 12-503(d) No windshield wiper or cleaning device 12-601 Defective horn 12-602 Muffler (loud; excessive noise; no muffler) 12-603 No seat belts 12-606 Tow trucks (identification) 12-607 Vehicle suspension systems 12-608 Vehicle bumpers 12-610 Wearing headset receiver while driving 12-702(a) No flags, flares, warnings device carried 12-702(c) No flags, flares, warning device displayed 12-703 Dripping oil on roadway 12-710 Inadequate or no splashguards (Ord. 87-04-16; amd. 2000 Code) Issuance Of Citations: In lieu of the filing of a uniform traffic ticket or complaint, the arresting officer may issue to the alleged violator a citation: Advising that person has violated a specific ordinance; Requesting that person make payment in the amount applicable to said alleged violations as set forth above as settlement of said violation claim; and Informing that person that upon failure to so settle, a complaint will be filed in the circuit court of DuPage County charging such violation.

(Ord. 87-04-16)

No person shall disturb the peace and quiet of any other person by creating excessive noise, whether on that person's or any other property. Excessive noise shall include, but not by way of limitation, any of the following: Yelling, Shouting, And Similar Activities: Yelling, shouting, hooting, whistling or singing in the public parks, parkways and streets of the village, particularly between the hours of ten o'clock (10:00) P.M. and eight o'clock (8:00) A.M., or at any other time or place so as to annoy or disturb the peace, quiet, comfort or repose of any person or persons in any office, business establishment, dwelling or residence or of any person in the vicinity within the limits of the village. Advertising Noise Or Attention: The playing, using, operating of any instrument or sound amplification device or permitting any instrument or sound amplification device to be played, used or operated of which is cast upon the public streets, parks and parkways of the village for the purpose of commercial advertising or of attracting the attention of the public to any building or structure, except when permission has first been procured from the village manager or designee. Animals: See section 13.7 of this code. Construction Or Landscaping: The conduct of any outside construction or landscaping activities in violation of the restricted time periods provided for such activities in subsection 12.2C(15) of this code. Exhausts: The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motorboat or motor vehicle except through a muffler or other device which will effectively prevent loud or explosive noises therefrom. Defect In Vehicle Or Load: The use of any automobile, truck, cart, trailer, motorcycle or other vehicle that is so out of repair or loaded in such a manner or with material of such nature so as to create loud, excessive or unnecessary grating, grinding, rattling or other noises. Loading/Unloading: Causing, allowing or permitting the loading, unloading, opening or handling of boxes, crates, containers, garbage cans or recyclable containers between the hours of eight o'clock (8:00) P.M. and six o'clock (6:00) A.M. daily when such operations are conducted on a property within the village located within one hundred feet (100') of any residential property within the village, measured from the property line of the residential property. Noise Level: Noise that rises to the level of a violation of subsection 44.1A or J of this chapter. Sounds caused by the following are exempt from the prohibitions contained in subsection A of this section: Utility Repairs: Repairs of public utility structures that pose a clear and immediate danger to life or safety. Emergency Vehicles: Sirens, whistles or bells lawfully used by emergency vehicles. Emergency Signals: The emission of sound for the purpose of alerting persons to the existence of an emergency or in the performance of emergency work. Repairs: Repairs or ex

Whenever a village police officer or other designated village official is authorized to charge a person or arrest a person without a warrant for a violation of any provision of this code, that officer or official may file a complaint for such violation in court, or, if such violation is of any of the provisions of this code specifically referenced in subsection F of this section, that officer or official may, in lieu of filing a complaint in court, issue to the alleged violator a compliance citation which shall: State the specific code provision that was violated; Advise said person that he/she may make payment to settle said claim in the amount applicable to said alleged violation, as set forth in subsection F of this section; Advise said person, where applicable, to cease and/or abate said violation forthwith and to refrain from like violations in the future; and Inform said person that, upon failure to so settle the claim and to cease and/or abate said violation, a complaint will be filed in the circuit court of DuPage County charging said person with such violation. Citations may be served as follows: Personally upon the person responsible for the violation; In the event that the responsible person cannot be located, the citation may be served by sending a copy to the person by first class U.S. mail; or In the case of violations related to parked motor vehicles, a citation may be affixed to the motor vehicle. Any person served with a compliance citation may settle and compromise the matter in respect to such code violation by ceasing and/or abating said violation and paying the amount shown in the fee schedule set forth in subsection F of this section within the period of time specified on the citation, which period shall be not more than thirty (30) days from the date of issuance of the citation. The settlement payment shall be made in accordance with the instructions on the citation at the office of the police department. The police department shall issue a receipt for the payment so received and promptly remit the amount to the finance department, which shall in turn credit it to the proper village fund. In the event that the person to whom the compliance citation is issued fails to settle and pay the violation claim within thirty (30) days of issuance of the citation, a final notice shall be issued and sent by first class U.S. mail to the person at the person's last known address. The person may then settle and compromise the citation by payment in the manner provided above of a sum equal to two (2) times the applicable amount shown in the fee schedule set forth in subsection F of this section for each such violation. If payment is not made within thirty (30) days of issuance of the final notice, then the village police officer or other designated village official is authorized to cause a new summons and complaint to be issued and served on the person as required by law, and to file and prosecute said complaint in the 18th judicial circui

[Amended 9-12-1994 by Ord. No. 94-26; 7-23-2001 by Ord. No. 01-09; 5-12-2003 by Ord. No. 03-20; 5-12-2003 by Ord. No. 03-22; 4-25-2005 by Ord. No. 05-03; 1-23-2006 by Ord. No. 06-02]A. Rules of interpretation. The following definitions and all other provisions of this chapter are subject to the following rules of interpretation:(1) The present tense includes the past tense and the future tense, and the future tense includes the present tense.(2) The singular number includes the plural number and the plural number includes the singular number.(3) The word "shall" is mandatory.(4) The masculine gender includes the feminine and neuter.(5) All measured quantities shall be to the nearest integral unit of measure, and if a fraction is 1/2 or greater, the next highest integral unit shall be used.(6) Any term not herein defined shall be as defined elsewhere in this Code or Ordinances or, if not defined elsewhere in this Code, as defined in Webster's New World Dictionary of the American Language - Second College Edition.B. Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:ACCESSORY BUILDINGSee "building, accessory."ACCESSORY STRUCTURESee "structure, accessory."ACCESSORY USESee "use, accessory."ADULT USEAny commercial or recreational establishment which at all times excludes minors by virtue of age, including adult bookstores, adult motion-picture theaters, adult mini-motion-picture theaters, adult drive-in theaters, adult massage parlors, adult modeling studios, eating and drinking places with sexually oriented entertainment, and tattoo shops and body piercing establishments, which must be regulated in accordance within the Tattoo and Body Piercing Establishment Registration Act, 410 ILCS 54/1 et seq., and the Illinois Department of Public Health's associated administrative regulations codified at 77 III. Adm. Code 797, excluding those services traditionally provided within a permitted beauty salon to include microblading techniques and permanent ink application such as permanent ink application to the lips, scalp, eyelids, eyebrows, and mastectomy recovery applications. The aforementioned exclusion for permanent ink application does not apply to traditional body art tattooing services. "Adult use" does not include recreational cannabis businesses or medical cannabis dispensaries.[Amended 9-25-2019 by Ord. No. 19-29; 12-11-2019 by Ord. No. 19-46; 12-14-2022 by Ord. No. 22-27]AGRIBUSINESS COMMERCIAL USESInclude, but are not limited to, tractor and implement sales and service; farm building sales; storage and service of agriculturally oriented products; and related types of businesses as approved by the Planning Commission.[Added 7-27-2016 by Ord. No. 16-16]AGRICULTUREThe use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary accessory uses for packing, treating, a

[Amended 7-27-2016 by Ord. No. 16-16]For the purpose of this Title VII, the following words and phrases shall have the following meanings ascribed to them respectively:ALLEYA public way within a block, generally giving access to the rear of lots or buildings, and not used for general traffic circulation. (ILCS Ch. 625, Act 5, § 1-102)ALL-TERRAIN VEHICLEAny motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a manufacturer's dry weight of 1,500 pounds or less, traveling on three or more non-highway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers. (625 ILCS 5/1-101.8)AMBULANCEAny publicly or privately owned vehicle which is specifically designed, constructed or modified and equipped, and is intended to be used for, and is maintained or operated for the emergency transportation of persons who are sick, injured, wounded or otherwise incapacitated or helpless. (625 ILCS 5/1-102.01)ANTIQUE VEHICLEA motor vehicle that is more than 25 years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration, or a fire-fighting vehicle more than 20 years old which is not used as fire-fighting equipment but is used only for the purpose of exhibition or demonstration. (625 ILCS 5/1-102.1)AUTHORIZED EMERGENCY VEHICLEEmergency vehicles of Village departments or public service corporations as are designated or authorized by proper local authorities; police vehicles; vehicles of the Fire Department; vehicles of a HazMat or technical rescue team authorized by a county board; ambulances; vehicles of the Illinois Emergency Management Agency; vehicles of the Office of the Illinois State Fire Marshal; mine rescue and explosives emergency response vehicles of the Department of Natural Resources; and vehicles of the Illinois Department of Public Health; and vehicles of a municipal or county emergency services and disaster agency, as defined by the Illinois Emergency Management Agency Act. (ILCS Ch. 625, Act 5, § 1-105)BICYCLEEvery device propelled by human power upon which any person may ride, having two tandem wheels, except scooters and similar devices. (ILCS Ch. 625, Act 5, § 1-106)BUSEvery motor vehicle, other than a commuter van, designed for carrying more than 10 persons. (ILCS Ch. 625, Act 5, § 1-107)BUSINESS DISTRICTThe territory contiguous to and including a highway when within 600 feet along the highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, or office buildings, railroad stations, and public buildings which occupy at least 300 feet of frontage on one side, or 300 feet collectively on both sides of the highway. (ILCS Ch. 625, Act 5, § 1-108)CAMPING TRAILERA trailer, not used commercially, constructed with partial side walls which f

ARTICLE 1. GENERAL PROVISIONS A. Purpose: The purpose of these landscape regulations are to provide orderly, safe, and healthful development of the area within the City of Country Club Hills and to promote the health, safety, and general welfare of the community. These regulations are intended to be a benefit to the owners and users of the property, as an asset to the neighborhoods and pride to the City.

B. Objective: The objective of these regulations is to establish requirements for the installation and maintenance of landscape elements. The justification for such regulations is as follows: 1. To encourage the preservation of existing native trees and vegetation; 2. To protect and conserve the value of property; 3. To provide visual buffering and enhance the beautification of the City; 4. To assist in providing adequate light and air and in preventing overcrowding of land; 5. Reduce the impact of development on the community's storm drainage system; 6. To reduce the level of carbon dioxide and return pure oxygen to the air.

C. Exempted Development: No property, subdivision or area of the City lawfully established on the effective date of this Ordinance shall be subject to the provisions of this Ordinance unless there is major modification to the landscape on the subject property, yard or subdivision. Major modification shall be considered any landscaping improvement exceeding $5000 in value.

ARTICLE 2. DEFINITIONS Definitions: The language set forth in the text of this ordinance shall be interpreted in accordance with the following rule of construction. 1. The word "shall" is mandatory while the word "may" is permissive. 2. The masculine gender includes the feminine and neuter. 3. All measure distances expressed in feet shall be to the nearest integral foot; if a fraction in one-half (½) foot; or more, the integral foot next above shall be taken. 4. The following words and terms, whenever they occur in this ordinance, shall be construed as here defined.

Adjacent: An area where the property lines are contiguous, or are separated by a street, alley, easement, or right-of-way.

Berm: A mound of dirt used for screening of landscaping purposes which is planted with low-lying shrubs or ground cover so as to prevent erosion.

Buffer: A visual screen constructed of wood, concrete block, or landscape material in such a manner that adjacent property will be screened from the use contemplated, so noise, solid waste, or other objectionable influences will be avoided.

City Arborist: The Director of Grounds Maintenance or his/her designee shall serve as the City Arborist. It shall be the responsibility of the Arborist to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs along streets and in other public areas.

Developed Area: That portion of a plot or parcel upon which a building, structure, pavement or other

A. General Home Occupation Permit: Home occupations are permitted under this Chapter, in order to allow residents of the community a broad choice in the use of their homes as a place of livelihood, as well as a means to supplement personal and family income. In order to protect residential areas from adverse impacts of activities associated with home occupations, the following criteria and performance standards for home occupations located in all residential zoning districts are set forth.

Home occupations permitted in residential zoning districts must be carried out by a member of the immediate family, who is a permanent resident on the premise. To qualify under this Chapter, the home occupation must also meet all of the following conditions: 1)

The building or structure in which the home occupation is located shall be subject to the regulations of the Zoning District in which it is located; 2)

No commodity or merchandise shall be displayed or offered for sale either within or outside of the residence. In addition, no dog kennel, as defined by the Ordinance, shall be allowed as a home occupation; 3)

No equipment can be used nor occupation conducted so that there is the creation or emission of noxious odors, gases, excessive dust, smoke, cinders, noise, electrical interference, vibration, refuse matter or water carried waste, whatsoever; 4)

The home occupation must be an incidental use of the residence; 5)

The area of the business must not take up more than 150 square feet, or 10% of the total livable floor area, within the residence, which ever is lesser; 6)

The occupation must be conducted entirely within the residence or an allowable accessory building; 7)

No equipment shall be stored, exterior to the residence; 8)

No signs that are not expressly permitted by this Chapter are displayed; 9)

No more than one additional person, in addition to the permanent occupant of the home can be employed; and 10)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.

All home occupations are required to obtain a home occupation permit from the Office of the City Clerk. In order to obtain a permit, interested parties must submit an application to the Director of Planning, stipulating that the home occupation complies with all of the above stated standards.

If the Planning Director determines that the occupation is in compliance, the resident may obtain the required permit from the City Clerk, after paying the appropriate permitting fee. If the Planning Director determines that the occupation does not comply with the required standards, the applicant may appeal the decision to the City Council.

All home occupation permits shall be renewed annually.

B. Day Care Home Occupation Permit: 1)

Minimum Standards; Requirements: No person shall operate a Day Care Home within the City unless the operator obtains an annual Business Permit from the City. Day Care Home facilitie

All business, service, storage, merchandise, display and where permitted, repair and processing, shall be conducted wholly within an enclosed building, except for off-street automobile parking, off-street loading and open-sales lots, in Districts where they are permitted.

Unless otherwise permitted for specified uses, goods sold shall consist primarily of new merchandise and any goods produced on the premises shall primarily be sold to the ultimate consumer and not to be a broker for resale.

Process and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter, or water-carried waste.

Dual residential-commercial use of any structure within a commercial area is prohibited, except for hotels and motels.

The floor area ratio in commercial zoning districts shall not exceed 2.2.

Wireless Communication Service Facilities may be located on the same zoning lot as one or more other structures and uses without violating, or causing a violation of, any provision of this Ordinance which prohibits or limits multiple structures, buildings or uses on a zoning lot; provided that in no event shall more than one tower be located on a zoning lot.

Provided that the floor area of the Wireless Communication Service Facility's equipment building, equipment room or equipment enclosures does not exceed 400 square feet, no minimum lot area is required for the facility and no minimum lot width is required for the facility.

The minimum lot area per unit, in commercial zoning districts shall be as follows:

Shopping center must be located on five (5) acres (or 2.024 square hectometers) of land improved with a structure of at least fifty thousand (50,000) square feet (or 4645.113 square meters) and containing five (5) or more distinct and separate retail businesses.

All setbacks, including yards adjacent to residential districts and across the street from residential districts, shall have the following minimum depths and widths:

A green belt buffer zone shall be proved between all residential and commercial areas.

This green belt buffer zone shall contain adequate screening such as trees, shrubs, hedges, walls, fences, etc., and shall be approved by the City Council. The green belt buffer zone may fall within the rear yard and side yard set back areas.

Building height in commercial zoning districts shall not exceed 12.2 meters (40 feet). 15.7.02.1. Special Property Maintenance Requirements For Key Commercial Areas.

A. For purposes of this Section, "Key Commercial Areas" shall refer to the all retail facilities consisting of more than 2,000 square feet, including but not limited to the following retail areas located in the City of Country Club Hills: 1)

Southwest corner of 175th and Pulaski. 2)

Northwest corner o

C-1 Commercial Districts. Permitted uses shall include only the following:

Bakeries Retail sales and processing of baker goods for retail sale only on the premises.

Barber Shop.

Beauty Parlor.

Bicycle Stores Sales, Rental, Repair.

Camera and Photographic Supply Stores, including developing and printing when conducted on the premises as part of the retail business.

Confectionery Stores Candy and Ice Cream Parlors.

Currency Exchanges.

Delicatessens.

Drug Store.

Dry Cleaning and Laundry Receiving Stations, processing to be done elsewhere.

Electric Sub-station buildings.

Florist Shops.

Gift Shops including greeting cards.

Grocery Stores.

Hardware Stores.

Hobby Shops Retail sales only; to be assembled or used away from the premises.

Laundries Automatic Self Service Type or Hand, employing not more than two persons in addition to one owner or manager, provided that the laundry machines shall not exceed 16 lbs. capacity each.

Liquor Stores Retail only.

Meat Markets including the sale of meat and meat products to restaurants, hotels, clubs and other similar establishments, when conducted as a part of the retail business on the premises.

News Stands.

Offices Business, Professional, Public.

Real Estate Office.

Redemption Center Premium and stamp.

Restaurants Not including serving of alcoholic beverages, dancing or other live entertainment. School Supply Stores.

Shoe Stores.

Shoe and Hat Repair Stores.

Signs Business when conducted in a totally enclosed building.

Telegraph Office.

Telephone Booth.

Temporary Offices for construction purposes.

Tobacco Shops.

Variety Stores.

C-2 Commercial District. Permitted uses shall include those uses in the C-1 District and only the following: Ambulance Supplies and Service Stores.

Antique Shops.

Art Galleries and Museums Art Supply Stores Automobile.

Accessory Stores Retail only.

Banks and Financial Institutions.

Blue Printing and Photo Copying Shops.

Book and Stationary Stores Carpet and Rug Stores China and Glassware Stores.

Clothes Pressing Establishments.

Clothing and Costume Rental Shops.

Clubs and Lodges, Private, Fraternal, Religious Cold Storage Locks, no slaughtering on premises Coin and Philatelic Stores.

Dental and Medical Clinics and Offices.

Department Stores.

Dress Sales Stores.

Dressmaking Shops.

Dry Cleaning Stores, employing not more than four persons in addition to one owner or manager.

Dry Goods Stores.

Electrical and Household Appliance Stores.

Equipment Appliance, Household Service and Repair Stores.

Floral Supplies and Conservatories.

Fuel and Ice Sales, retail only, not including outside storage.

Furniture Stores including upholstering when conducted as part of the retail business.

Furrier Stores including storage and conditioning of furs.

Garages, Public Serving automobiles under 2 tons no body repairs or painting shall be performed on the premises.

Garden Supply Stores.

Glass, Glass Products and Glazing Stores.

Haberdashery Stores.

Hotels

Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noise shall be subject to the performance standards hereinafter prescribed, provided that such noises shall be capable of being accurately measured with such equipment.

Noises capable of being so measured, for the purposes of this Ordinance, shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. At no point on the boundary of a residence or commercial district shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown on the following table:

Smoke and Particular Matter. The emission of smoke or particulate matter in such manner or quantity as to endanger or be detrimental to the public health, safety, comfort or welfare, is, hereby, declared to be a public nuisance and shall henceforth be unlawful. For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines shall be employed.

The emission of smoke or particulate matter of a density greater than No. 2 on the Ringlemann Chart is prohibited at all times, except as otherwise provided hereinafter.

The emission from all sources within any lot area of particulate matter containing more than ten percent by weight of particles having a particle diameter larger than forty-four microns is prohibited. Dust and other types of air pollution, borne by the wing from such sources as storage areas, yards, roads, and the like within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, or other acceptable means. Emission of particulate matter from such sources, in excess of the weight limitation hereinafter specified, is prohibited.

The emission of more than eight smoke units per hour per stack is prohibited, including smoke of a density in excess of Ringelmann No. 2. However, during one one-hour period in each 24-hour day, each stack may emit up to sixteen smoke units when blowing soot or cleaning fires. Only during fire-cleaning periods, however, shall smoke of Ringelmann No. 3 be permitted, and then for not more than three minutes.

Toxic or N

Any person who permits an animal to create a nuisance is guilty of a violation of this ordinance.

a. The continuous or persistent barking of an animal or the creation of an objectionable noise by an animal is hereby declared to be a nuisance.

b. No person owning or having in his custody any domestic animal of the species of dog, cat or bird shall permit same to go at large to the injury or annoyance of others.

Nor shall such animals be permitted at large upon the streets or other public ways of the City. Such action is, hereby, declared to be a nuisance and dangerous to the public health and safety. No person shall be permitted to own or have in his custody any poultry, hoofed animals and naturally wild animals including but not limited to horses, mules, bison, cattle, goats, sheep swine and fowl.

c. Control of Defecation. 1. No person owning or having in his/her custody any animal shall permit such animal to urinate or deposit excrement on any public or private property not owned or possessed by such person. 2. It shall be unlawful for any person to cause or permit a dog to be on any property, public or private, not owned or possessed by such person unless such person has in his/her immediate possession a device for the removal of excrement and a depository for the transmission of excrement to a receptacle located upon property owned or possessed by such person. 3. It shall be unlawful for any person in control of, causing or permitting any dog to be on a any property, public or private, not owned or possessed by such person to fail to remove excrement left by such dog to a proper receptacle located on property owned or possessed by such person.

Any violation of subsection c. of this section is hereby declared a nuisance.

1. Purpose. The purpose of this Ordinance is to provide harmonious relationships in the interaction between man and animal by:

a. Protecting the citizens of Country Club Hills from rabies by specifying such preventative and control measures as may be necessary.

b. Protecting animals from improper use, abuse, neglect, inhumane treatment and health hazards, particularly rabies;

c. Providing security to residents from annoyance, intimidation and injury from cats, dogs, and other animals;

d. Encouraging responsible pet ownership;

e. Providing for the assessment of penalties for violators and for the enforcement and administration of this Ordinance. 2. Definitions.

a. Administrator means the City Manager or her designee

b. Animal means any live vertebrate creature except man.

c. Animal capable of transmitting rabies means all animals classifies as mammals.

d. Animal control warden means the Chief of Police or his designee.

e. Bird means any flying vertebrate that is covered by feathers.

f. Bite means seizure of a person with the jaws or teeth of any cat, dog or other animal capable of transmitting rabies so that the person so seized has been wounded or pierced and further includes contact of the saliva of such cat, dog or other animal with any break or abrasion of skin.

g. Cat means all members of the classification, Felis catus.

h. Confines means the restriction of the cat, dog or other animal at all times by the owner in a manner that will isolate the cat, dog or other animal from the public and other cats, dogs or other animals.

i. Control means any owned animal that is either secured by a leash or lead, or within the premises of its owners, or confined within a crate or cage, or confines within a vehicle, or within the premises of another person with the consent of that person.

j. Dangerous or vicious animal means any animal which has known vicious propensities or which has been known to attack or injure any person who was peacefully conducting himself in any place where he may lawfully be.

k. Dog means all members of the classification, Canis familiaris.

l. Domestic animal means any animal which has been domesticated by man so as to live and breed in a tame condition.

m. Guard dog means a dog used in a commercial business or by a municipal or police department for the purposes of patrol and protection.

n. Service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items.

o. Inoculation against rabies means the injection of a rabis vaccine approved by the Illinois Department of Agriculture and administered by a licensed veterinarian in accordance with the company's recommendations for the vaccine used.

Certain words used to explain land use regulations require special usage. Other words and terms must be defined as to the manner in which they relate to zoning. The following words are defined as suggested for the purpose of clarity and understanding of the recommendations in the report:

ABANDONMENT: An action to give up one's rights or interests in property.

ACCESSORY BUILDING, STRUCTURE OR USE: A. 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 area, extent 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 locate elsewhere than on the same zoning lot with the building or use served.

B.   An "accessory use" includes, but is not limited to, the following:

1.   A children's playhouse, garden house and private greenhouse.

2.   A shed, garage or building for domestic storage.

3.   Storage of merchandise normally carried in stock on the same lot with any retail service or business use, unless such storage is excluded by the district regulations.

4.   Storage of goods used in or produced by manufacturing activities on the same lot or parcel of ground with such activities, unless such storage is excluded by the district regulations.

5.   Swimming pool, private, for use by the occupant and his guests.

6.   Off street motorcar parking areas and loading and unloading facilities.

7.   Signs (other than advertising signs) as permitted and regulated in each district incorporated herein.

8.   Carports.

9.   Public utility facilities: telephone, electric, gas, water and sewer lines, their supports and incidental equipment.

10.   Electric vehicle (EV) charging stations.

ACREAGE: Any tract or parcel of land having an area of one acre or more which has not heretofore been subdivided or platted.

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 conduct or simulation of specified sexual activities.

ADULT CABARET: Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:

A.   Persons who appear seminude.

B.   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.

A.   General Compliance: All licensed premises and adult entertainment establishments shall comply with the provisions of this chapter; all other applicable city codes and ordinances, resolutions, rules, and regulations; and all other applicable federal, state, and local laws.

B.   Hours Of Operation: No adult entertainment establishment shall be open for business at any time between the hours of twelve o'clock (12:00) midnight and twelve o'clock (12:00) noon on any weekday or Saturday. No adult entertainment establishment shall be open for business at any time on any Sunday or on any legal state of Illinois or federal holiday.

C.   Animals: No animals, except only for seeing eye dogs required to assist the blind, shall be permitted at any time at or in any adult entertainment establishment or licensed premises.

D.   Restrooms: All restrooms in adult entertainment establishments shall be equipped with standard toilets, sinks, and other traditional lavatory facilities. No adult materials or live performances shall be provided or allowed at any time in the restrooms of an adult entertainment establishment. Separate male and female restrooms shall be provided for and used by adult entertainment establishment employees and adult entertainment establishment patrons.

E.   Restricted Access: No adult entertainment establishment patron shall be permitted at any time to enter into any of the nonpublic portions of any adult entertainment establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult entertainment establishment employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the licensed premises; provided, however, that any such persons shall remain in such nonpublic areas only for the purposes and to the extent and time necessary to perform their job duties.

F.   Specific Prohibited Acts:

1.   No adult entertainment establishment employee or any person at any adult entertainment establishment shall appear, be present, or perform while nude.

2.   No adult entertainment establishment employee or any other person at any adult entertainment establishment shall perform or conduct any specified sexual activity with or for any adult entertainment establishment patron or any other adult entertainment establishment employee or any other person. No adult entertainment establishment patron or any other person at any adult entertainment establishment shall perform or conduct any specified sexual activity with or for any adult entertainment establishment employee or any other adult entertainment establishment patron or any other person.

3.   Straddle dances shall be prohibited at all adult entertainment establishments.

G.   Exterior Display: No adult entertainment establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult mat

The following provisions set forth, in alphabetical order, specific businesses for which licenses are required, the fees for such licenses, and any specific regulations pertaining to said business: (1986 Code)

AMUSEMENTS AND AMUSEMENT DEVICES

A.   Prohibited Activities: The following kinds of conduct on premises within the city of Countryside licensed to operate and maintain any amusements and/or amusement devices under this code are prohibited: any act or series of acts upon a human being, whether self-inflicted or inflicted by another, and not withstanding the consent of the person upon whom such act is inflicted, that is intended to cause a breaking or puncturing of the skin and/or the drawing of blood and/or the fracturing and/or tearing of any part of that person's anatomy, and whether or not inflicted directly by human hands or by means of another agency, either living or mechanical for entertainment purposes as part of or in conjunction with any show, performance, or exhibition. The utilization of any previously made punctures, holes, or devices imbedded within a human being's anatomy for the purpose of hoisting, lifting, or suspending such a person for entertainment purposes as part of or in conjunction with any show, performance, or exhibition.

B.   Included Activities: See chapter 3 of this title, which includes the following:

Amusement devices, manually operated games, jukeboxes 1

Billiard and pool halls

Bowling alleys

Circuses and carnivals

Golf driving ranges and miniature golf and putting courses

Private recreational clubs

Public dances

Theaters

(Ord. 02-11-0, 3-28-2002)

AUCTIONS AND AUCTIONEERS; ANNUAL AND TWENTY DAY LICENSES

A.   License Required: See section 3-1-1 of this title. This includes any person selling or attempting to sell any real or personal property, under and by virtue of legal process at auction.

B.   Fees: See section 3-1-13 of this title.

C.   Special Regulations:

1.   Auction Prohibited On Public Property: It shall be unlawful to conduct an auction sale of real or personal property on any street, sidewalk or public property of the city.

2.   Creating Noise To Attract Crowds Prohibited: No means of attracting the attention of the public, other than a sign or flag, shall be employed, or permitted to be used at or near the place of an auction.

3.   False Representation: No auctioneer or person present when real or personal property is offered for sale shall knowingly, with intent to induce any person to purchase the same, or any part thereof, make any false representation or statement as to ownership, character or quality of the property so offered for sale or as to the circumstances of the owner or alleged owner of the property.

4.   Fictitious Bidding: No auctioneer shall procure any person to make a fictitious bid at any auction sale, or conspire with or knowingly permit any person to make a fictitious bid.

5.   Substitutions Prohibited: No auctioneer shall exhibit and offer for sale at auct

A.   Advertising: No person licensed to sell alcoholic liquors shall use the word "saloon" or "bar" in any sign or advertisement. (1970 Code §8-1.14)

B.   Sales To Certain Persons Prohibited: No licensee shall sell, give or deliver alcoholic liquor to any person under the age of twenty one (21) years, or to any intoxicated person or any person known by him to be a habitual drunkard, spendthrift or insane, feebleminded or distracted person. (1970 Code §§8-1.22, 8-1.26, as amended)

C.   Acts Of Agent Or Employee: Every act or omission of whatsoever nature constituting a violation of any of the provisions of this chapter by any officer, director, manager or other agent or employee of any licensee, if said act is committed or omission is made with the authorization, knowledge or approval of the licensee, shall be deemed and held to be the act of such employer or licensee and said employer or licensee shall be punishable in the same manner as if said act or omission had been done or omitted by him personally. (1970 Code §8-1.23)

D.   Soliciting Of Drinks: It shall be unlawful for any licensee, his manager, or other person in charge of any licensed premises where alcoholic liquor is sold or offered for sale for consumption thereon to engage, employ or permit any other patron or customer thereof to purchase alcoholic or nonalcoholic liquor for herself, himself or any other person therein; provided, however, that nothing herein contained shall prohibit any adult manageress or waitress who shall be regularly employed therein from accepting and serving the order of a patron or customer in the regular course of her employment as such manageress or waitress. (1970 Code §8-1.27)

E.   Conduct Of Licensee:

1.   Every licensee hereunder engaged in the sale of alcoholic beverages shall conduct his or her place of business in a quiet, decent and respectable manner and shall eject therefrom or refuse to admit thereto all persons rendering themselves objectionable or undesirable by reason of undue noise or other acts disturbing the peace.

2.   No licensee shall permit his patrons to perform any lewd, lascivious acts, or an act of obscenity.

3.   Every licensee shall immediately report to the police any act by any person or patron causing undue noise or disturbance, breach of peace, fighting, unusual conduct, or a person with an illegal firearm, knife, bludgeon or deadly instrument.

4.   Every licensee shall immediately report to the police a violation of any City ordinance, Illinois Statute or Federal law occurring in the licensed premises, or outside the licensed premises, but adjacent thereto, involving the conduct of his business or patrons. (Ord. 14-07-0, 2-12-2014)

It shall constitute a nuisance to commit any offense which is in fact a nuisance or which is a nuisance according to the common law, or which is made such by this code, the statutes of the state or by any ordinance. In addition, the following acts or omissions shall be deemed nuisances:

No outdoor patio dining and beverage area establishment shall be permitted, maintained or operated, except in conformity with the following regulations.

(A)   The establishment shall maintain, in full force, an underlying liquor license.

(B)   The outdoor patio dining and beverage area shall be particularly described and adjacent to, and operated as part of, premises licensed to sell beer, malt or alcoholic beverages for consumption on the premises.

(C)   Outdoor patio dining and beverage areas may only be operated at the street level of any bar or restaurant.

(D)   No outdoor patio and dining areas may be operated after the maximum serving time permitted under the underlying liquor license, or 11:00 p.m each day, whichever is earlier. Canopies and other temporary structures shall comply with all applicable codes and ordinances, and shall be installed no earlier than April 1 and shall be fully removed no later than November 1. Tents are not permitted by code.

(E)   Outdoor patio dining and beverage service areas shall be limited to one person for each ten square feet of area and shall have separately posted the maximum capacity.

(F)   At any part of the outdoor patio dining and beverage area not blocked by a building, there shall be maintained or constructed a fence six feet high surrounding the outdoor patio dining and beverage area in the rear and side yards, and a fence four feet high surrounding the outdoor patio dining and beverage area in the front yard. The fence shall contain the required fire exit or exits. Each gate or exit shall swing to egress, shall be equipped with proper hardware and shall swing free and clear of public sidewalks. The outdoor patio dining and beverage area fence shall comply with all village ordinances regarding fence construction materials and regulations, including vision clearance and required distances from corners.

(G)   All electrical wiring shall comply with the Village Electrical Code.

(H)   All combustible rubbish shall be stored in noncombustible covered containers.

(I)   No music shall be permitted in the outdoor patio dining and beverage area.

(J)   The noise emanating from any outdoor patio dining and beverage area shall not violate any of the regulations of the village pertaining to noise and shall not reach a level to unduly disturb neighbors.

(K)   The alcoholic beverage licensee, or his, her or its agents, shall be responsible for preventing violations of this section.

(Ord. 1927, passed 6-7-2007) Penalty, see § 112.99

The following restrictions shall apply to this District:

(A)   No land or building shall be used or occupied in any manner as to create any dangerous, injurious, noxious or otherwise objectionable fire, explosive radioactive or other hazard; emit any noise or vibration, smoke, dust, odor, noxious, toxic or corrosive fumes of gases, or particulate matter; discharge any liquid or solid refuse or waste conducive to the breeding of rodents or insects into any stream, ditch or other open area in a manner or amount as to adversely affect the surrounding area. All industry must comply with existing ordinances on air pollution and noise abatement.

(B)   Operations in the Light Industry District may be conducted outside of a completely enclosed building; provided that, in the event any operations permitted in a Light Industry District are not conducted entirely within a completely enclosed building, that portion of the premises upon which the outside light industry operations are conducted, or upon which raw materials, fuel, finished products, machinery and equipment, including company-owned or operated trucks and motor vehicles, are stored shall be obscured from public view and public roadways by a fence, shrubbery, trees or landscaping. Liquids may be stored in underground tanks subject to the provisions of appropriate fire and building codes.

(C)   No operation shall be carried on that would produce heat or glare perceptibly from any property line of the lot on which the operation is located.

(D)   No lighting shall be of a nature as to produce glare on public streets or highways or neighboring property.

(E)   No substance other than oil, gas or electricity shall be used as fuel.

(Prior Code, § 9B-5A-5) (Ord. 673, passed 1-19-1978)

It shall be unlawful:

(A) Injury to new pavements. To knowingly walk upon or drive any vehicle or animal upon, or injure, mark or deface any newly laid street or sidewalk pavement;

(B) Obstructions and encroachments.

(1) Obstructions. For any person to cause, create or maintain any obstruction of any street, alley, sidewalk or other public way, except as may be specifically authorized by ordinance or by the Director of Public Works;

(2) Encroachments. To erect or maintain any building or structure which encroaches upon any public street or property; and/or

(3) Drains. To obstruct any drain in any public street or alley.

(C) Water flowing upon streets. For any person to allow any water to flow into or upon any public thoroughfare; and/or

(D) Playing games.

(1)   To play any games upon any street, alley or sidewalk where the games cause unnecessary noise or interfere with traffic or pedestrians; and/or

(2)   For any person to play ball or throw any ball to and fro upon any public thoroughfare in the village.

(Prior Code, § 7-1-12) Penalty, see § 90.99

Each of the following enumerated acts or omissions is hereby declared to constitute a public nuisance and shall constitute a violation of this municipal code. In addition, it shall be a public nuisance and shall constitute a violation of this Municipal Code to commit any offense or permit a condition or use of property which is in fact a nuisance according to the common law, other ordinances of the village, or the statutes of the State of Illinois, or which deleteriously affects public health, welfare, or safety, or greatly offends the public morals or decency.

(A) Animals.

(1) Animal carcasses. To cause or permit the carcass of any dead animal or vegetable matter, slops, swill, suds, garbage, filth, stable drippings or other offal or noisome substance of any kind to be collected, deposited or remain in any place, except in approved covered containers and then only long enough to be properly disposed of.

(2) Unclean animal shelter. To keep, cause or suffer to be kept upon any premises any stable, kennel, doghouse, dog-run or other structure or place for the retaining, care or shelter of any domestic animals in an unclean, unsanitary or filthy condition.

(3) Grazing of animals. To allow or permit the grazing or riding of animals upon parkways, or on private property without the permission of the owner thereof, nor in such a manner as to interfere with anyone walking upon the public sidewalks, or that they may cause damage to ornamental plantings.

(4) Certain animals and fowl prohibited. To own, house or keep any cattle, swine, sheep, goats, chickens, fowl, roosters, ducks, swans, geese or other livestock on any property within the village or to own, keep or use any railroad car, yard, pen, place, structure or premise, in or upon which cattle, swine, chickens, fowl or other livestock shall be confined or kept, and to keep, cause or suffer to be kept upon any premises any chicken coop, chicken house or pen.

(5) Permitting offensive animal noises. To keep or permit to be kept upon any premises any dog or other animal or fowl emitting loud, frequent and continuous offensive noises.

(6) Ground feeding. Ground feeding of animals and/or birds, including but not limited to cats, squirrels, chipmunks, rats, mice, rabbits, raccoons, opossum, skunk, ducks, geese. To spread, cast, deposit or dump food, including birdseed, corn, bread pieces, food scraps, animal chow or any like or similar substance on any public or private property in the village. Aboveground bird feeders shall be permitted as long as all feed is placed in a container or feeder designed for the specific purpose of feeding birds.

(B) Dogs.

(1) Permitting dogs to discharge fecal matter or to urinate on public or private property. To suffer or permit any dog owned or under one's control to deposit or discharge any fecal matter or to urinate upon any public or private property other than upon the property of the owner or person having control of the dog. The words FECAL MATTER and URIN

No person shall cause or permit to be emanated or emitted from any device for which a license is required by this article any noise which can be reasonably expected to provoke a breach of the peace, or any false representation of any matter, product, or project advertised thereby, the sale of which is prohibited by any law, ordinance or statute.

(Code 1965, § 10.6.5)

(a) It shall be unlawful to operate any vehicle which emits dense smoke or such an amount of smoke or fumes as to be dangerous to the health of persons or as to endanger the drivers of other vehicles.

(b) It shall be unlawful to operate a vehicle which makes unusually loud or unnecessary noise.

(c) It is unlawful for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any highway any vehicle or combination of vehicles which is in such unsafe condition as to endanger any person or property, or which does not contain those parts or is not at all times equipped with such lamps and other equipment in proper condition and adjustment as required by statute, or which is equipped in any manner in violation of law.

(d) It shall be unlawful to operate upon any street, any motor vehicle equipped with any nonskid device so constructed that any rigid or nonflexible portion thereof comes into contact with the pavement or roadway.

(e) The maximum width, length and height of any vehicle and its load shall not exceed the limits expressed in the Illinois Vehicle Code. No passenger-type vehicle shall be operated on the streets with a load extending beyond the line of the fenders on the left side of the vehicle nor extending more than six inches beyond the line of the fenders on the right side thereof. No combination of vehicles coupled together shall consist of more than two units, but such limitation shall not apply to vehicles operated in daytime when transporting pipes, poles, machinery and other objects which cannot be readily dismembered, nor to such vehicles operated at nighttime by a public utility when engaged in emergency repair work; however, such loads carried at night shall be clearly marked with sufficient lights to show the full dimensions of the load.

(f) It shall be unlawful to drive any motor vehicle on any street with a weight, including load, in excess of that permitted on improved highways, or with weight distributed in a manner not conforming to such law, or in violation of special weight limits provided for by ordinance and sign posted.

(Ord. No. 858, § 1(4.8.1—4.8.6), 9-27-82)

State Law reference— Vehicle condition and equipment generally, 625 ILCS 5/12-101 et seq.; vehicle size, weight and load, 625 ILCS 5/15-101 et seq.

The following words and terms, when used in this chapter, shall have the meaning set forth below, except where otherwise specifically indicated.

Abutting: To have a common property line or district line.

Accessory building or use: A building or use which:

(1) Is subordinate to and serves a principal building or principal use.

(2) Is subordinate in area, extent 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.

(4) Is located on the same zoning lot as the principal building or potential 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.

Adjacent: Lying near or in the immediate vicinity.

Adjoining: Touching or contiguous, as distinguished from lying near.

Advertising: See "sign."

Aerials or antennas: Structures or devices used to detect or radiate electromagnetic waves; specifically that part of a radar or of a radio-sending or radio-receiving set that consists of that apparatus that radiates waves or receives them. Structures shall not be located in the front yard or side yard of a residence or business district and shall not exceed the height limitation established by the Federal Communications Commission.

Agriculture: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Included are truck-farming, poultry farming, beekeeping, raising of fruit and berries, and the selling of agricultural products, but shall not include mechanized industrial animal farms. "Agriculture" shall not include the commercial feeding of garbage to swine or other animals.

Agricultural building or structure: Any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

Alley: A public or private way, at the rear or side of property, permanently reserved as a means of secondary vehicular access to abutting property. Frontage on the alley shall not be construed as satisfying the requirements of this chapter related to frontage on a dedicated street.

Alteration: Any change in size, shape, character, occupancy or use of a building or structure. Animal hospital: Any building or portion thereof designed or used for the care, observation, or treatment of domestic animals.

Apartment: See "dwelling unit."

Apartment building: See "dwelling, multifamily."

Arterial street: See "road classifications."

Auditorium: A room hall or building made a part of a church, theatre, school, recreation building, or building assign

(a) Work within the right-of-way. The provisions of chapter 22 entitled Streets and Sidewalks shall be adhered to and any necessary permits and bonds shall be secured prior to the start of any work within the right-of-way. If such work is known to be necessary as part of any construction activity covered under a requested building permit, then in such cases the permit required for work within the right-of-way shall be required prior to the issuance of the building permit. Such permits and bonds shall be required of the contractor or subcontractor who will actually be performing the work.

(b) Times when construction is prohibited. It shall be unlawful to conduct construction operations that will disturb the peace of adjoining residential properties which are within 400 feet of the construction site between 10:00 p.m. and 7:00 a.m. Such operations shall be in conformance with the performance standards governing noise so noted in section 28-311(i).

(c) Crete Public Library District. All applications for building permits for new construction will be accompanied by a receipt showing the appropriate cash contribution has been paid to the Crete Public Library District as required by ordinance.

(d) Connection to storm drainage system. In all multifamily, commercial and industrial structures, roof drains, downspouts and sump pump discharge shall be directly connected to the storm drainage system required by section 23-107 of the subdivisions chapter.

(Ord. No. 93-7, § 1, 3-8-93; Ord. No. 95-10, § 4, 2-27-95; Ord. No. 2003-52, § 2, 12-8-03; Ord. No. 2005-38, § 1, 10-10-05; Ord. No. 2006-01, § 2, 1-9-06)

11-16-2010 by Ord. No. 6626; 12-7-2010 by Ord. No. 6627; 10-4-2011 by Ord. No. 6703; 11-1-2011 by Ord. No. 6714; 12-6-2011 by Ord. No. 6721; 6-5-2012 by Ord. No. 6796; 4-5-2016 by Ord. No. 7208; 11-1-2016 by Ord. No. 7309; 12-17-2019 by Ord. No. 7600; 10-6-2020 by Ord. No. 7655] Fines for violations of City of Crystal Lake ordinances, rules and regulations shall be as set forth below: Fine Term of Imprisonment Minimum Maximum Code Section Violation 1-7A General penalty for Code violations where no specific penalties are set forth in this chapter $50 $1,000 146-19 Operation of sexually oriented business without valid license $750 $750 30 days 154-19B Response to trouble fire alarm received from central station $200 $200 154-20 False alarms - security alarm systems 0 to 3 within 12-month period No fine 4, 5 within 12-month period $75 $75 6, 7 within 12-month period $150 $150 8 or more within 12-month period $300 $300 False alarms - fire alarms 0 to 3 within 12-month period No fine 4, 5 within 12-month period $150 $150 6, 7 within 12-month period $300 $300 8 or more within 12-month period $600 $600 158-2A(1)

Possession of alcohol by a minor $100 $1,000 158-2A(2)

Consumption of beer/wine by a minor $100 $1,000 Fine Term of Imprisonment Minimum Maximum Code Section Violation 158-2A(3)

Purchase or acceptance of alcohol by a minor $100 $1,000 158-2A(4)

Consumption of an alcoholic liquor by a minor $100 $1,000 158-5 Consumption or possession of alcoholic beverages in public places $100 $1,000 181-10 Boating regulation violations $75 $500 187-2A(10)

Building Code violations $100 $1,000 187-2A(11)

Continuance of work after issuance of stop-work order for Building Code violations $100 $1,000 203-3, 203-6, 203-7, 203-8, 203-9, 203-10, 203-11, 203-12 Cigarette sales $75 $1,000 216-2A(1)

Minor in violation of curfew $75 $1,000 216-2A(2)

Parent allowing minor to violate curfew $75 $1,000 216-2A(3)

Establishment owner/operator allowing minor to violate curfew $75 $1,000 222-2 Disorderly conduct violations $75 $1,000 226-2 Unlawful possession of cannabis - first offense $300 $500 226-2 Unlawful possession of cannabis - second offense $600 $1,000 226-2 Unlawful possession of cannabis - third offense $1,200 $2,000 226-7 Cannabis paraphernalia possession by minors - first offense $300 $500 226-7 Cannabis paraphernalia possession by minors - second offense $600 $1,000 226-7 Cannabis paraphernalia possession by minors - third $1,200 $2,000 230-3 Electrical Code violations $100 $1,000 247-1 Fighting $250 $1,000 251-2A(7)

Fire Code violations $100 $1,000 Fine Term of Imprisonment Minimum Maximum Code Section Violation 251-2A(8)

Continuance of work after issuance of stop-work order for Fire Code violations $100 $1,000 251-2A(10)

Obstruction of fire apparatus access roads $75 $75 Failure to pay ticket within 21 days $125 $125 Final determination $200 $200 258-2 Unauthorized removal of fish from Vulcan Lake $50, plus $25 per each additional fish $1,000 264-2C F

There shall be 30 classes of licenses:

A. Class 1 license shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 12:00 noon on Sunday and 1:00 a.m. on Monday. A Class A restaurant may be located on the premises. The license shall also authorize the retail sale of alcoholic liquor in the original package by the license holder at wine-tasting events that are held within the City. The annual fee for such license shall be the sum of $1,350. [Amended 5-15-2012 by Ord. No. 6786] B. Class 2 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and noon on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. The annual fee for such license shall be the sum of $1,150.

C. Class 3 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. The annual fee for such license shall be the sum of $1,475.

D. Class 4 license which shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. The annual fee for such license shall be the sum of $1,750. [Amended 4-18-2006 by Ord. No. 6059] E. Class 5 license shall authorize the retail sale, on the premises specified, of alcoholic liquor, for consumption, on the premises as well as the retail sale of alcoholic liquor in the original package between the hours of 11:00 a.m. and 1:00 a.m. Monday, Tuesday, Wednesday, Thursday; 11:00 a.m. and 2:00 a.m. Friday and Saturday; and 10:00 a.m. on Sunday and 1:00 a.m. on Monday. A Class A type restaurant may be located on the premises. For the purpose of this license,premises shall include not only the interior of any building or structure but also: 1) any open unroofed area immediately contiguous to the building or structure where alcoholic beverages are served or consumed; and 2) any noncontiguous open unroofed area of the property on which the licensed premises is situated, but only to the extent that a special event permit ha

Acts which are hereby declared to endanger the peace and safety of the residents of the City shall include, but are not limited to, the following:

A. Possession and consumption of alcoholic beverages by minors, intoxicated persons and others prohibited by City ordinance and/or Illinois statute from possession or consumption of alcoholic beverages.

B. Use or clear evidence of use of cannabis or other controlled substances prohibited by City ordinance and/or Illinois statute.

C. Illegal use of fireworks.

D. Noise in violation of Chapter 358, Noise, Article II, including, but not limited to, music, loud raucous yelling, shouting and obscene or abusive language.

E. Such circumstances and conditions which, taken as a whole, constitute a condition of encouraging and contributing to the delinquency of minors as defined in § 343-1 of this chapter.

As used in this article, the following terms shall have the meanings indicated:

EMERGENCY — Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage demanding immediate attention.

EMERGENCY WORK — Any work performed for the purpose of preventing or alleviating physical trauma or property damage, whether actually caused or threatened by an emergency, or work by private or public utilities when restoring utility service.

71.  Editor's Note: This ordinance also repealed former Art. I, Sound-Amplifying Devices, adopted 1-19-1993 (Art. VI, Ch. II, Section H, of the 1993 Code).

CITY MANAGER — The City Manager of the City of Crystal Lake or the Manager's designee.

NOISE-SENSITIVE AREA — Includes, but is not limited to, a posted area where a school, hospital, nursing home, church, court, public library, or similar institution is located.

PERSON — Any individual, firm, association, partnership, joint venture, or corporation.

PUBLIC RIGHT-OF-WAY — Any street, avenue, boulevard, highway, sidewalk, alley, or similar place normally accessible to the public which is owned or controlled by a government entity.

PUBLIC SPACE — Any real property or structures on real property owned by a government entity and normally accessible to the public, including but not limited to parks and other recreational areas. RESIDENTIAL AREA — Any real property which contains a structure or building in which one or more persons reside, provided that the structure or building is properly zoned, or is legally nonconforming, for residential use in accordance with the terms and maps of Chapter 650, Zoning, of the Code of Ordinances.

As used in this article, the following terms shall have the meanings indicated:

CHRONIC NUISANCE PROPERTY — Property upon which three or more instances of any one or any combination of the behaviors listed below have occurred during any one-hundred-twenty-day period, as a result of any three separate factual events that have been independently investigated by any law enforcement agency:

Disorderly conduct as defined in 720 ILCS 5/26-1.

A. Unlawful use of weapons as defined in 720 ILCS 5/24-1 B. Mob action as defined in 720 ILCS 5/25-1.

C. Discharge of a firearm as defined in 720 ILCS 5/24-1.2 and 5/24-1.5.

D. E. Gambling as defined by 720 ILCS 5/28-1, except that gambling shall not include the use or operation of such video gaming terminals for which a video gaming terminal permit has been issued and which is lawfully operated within a licensed establishment, in accordance with the provisions of § 268-3 of this Code. [Amended 4-5-2016 by Ord. No. 7209] Possession, manufacture or delivery of controlled substance as defined in 720 ILCS 570/401. F. Assault or battery or any related offense as defined in 720 ILCS 5/12-1.

G. Sexual abuse or related offenses as defined in 720 ILCS 5/12-15.

H. Public indecency as defined in 720 ILCS 5/11-9.

I. Prostitution as defined in 720 ILCS 5/11-14.

J. Criminal damage to property as defined in 720 ILCS 5/21-1.

K. L. Possession, cultivation, manufacture or delivery of cannabis as defined in 720 ILCS 550/3, except as provided in the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., or the Compassionate Use of Medical Cannabis Program Act, 410 ILCS 130/1 et seq. [Amended 12-17-2019 by Ord. No. 7600] Illegal consumption or possession of alcohol as defined in 235 ILCS 5/1.

M. Violations of this Code relative to property care and maintenance, including § 397-5, Air pollution, and Chapter 526, Weeds.

N. Violation of any City of Crystal Lake ordinance or State of Illinois statute controlling or regulating the sale or use of alcoholic beverages.

O. Violations of Chapter 334, Litter, as amended.

P. Violation of the City of Crystal Lake Code Chapter 358, Noise, as amended.

Q. CITY OF CRYSTAL LAKE — The City of Crystal Lake shall be referred to as the "City."

CONTROL — The ability to regulate, restrain, dominate, counteract or govern conduct that occurs on that property.

OWNER — Any person, agent, partnership, limited-liability company or corporation having any legal or equitable interest in the property. In the case of condominium units or townhome units, "owner" shall mean the legal titleholder to the unit. In the case of an apartment, the "owner" shall mean the tenants or persons allowed to reside in the apartment by the tenants or the owner or manager of the owner of the apartment building.

PERMIT — To suffer, allow, consent to, acquiesce by failure to prevent, or expressly assent or agree to the doing of an act.

PERSON IN CHARGE — Any person in actual or constructive possession of a property, inc

A. No unauthorized motorized vehicles are allowed on any trail.

B. All litter, as defined in Chapter 334 of the Code of Ordinances of the City of Crystal Lake, must be deposited in the proper receptacles.

C. All persons must stay on designated trails or within the areas that are designated for use by the public. D. No person may damage or disturb any flora or fauna.

E. No hunting, butterfly collecting, rock collecting, or other forms of hobbyist activities are allowed. F. No firearms are allowed.

G. Camping and all forms of open fires are prohibited everywhere, except only as authorized in advance in writing by the Mayor and City Council.

H. In-line skating and skateboarding are permitted only on paved trails, but in-line skating and skateboarding are prohibited at all times on the trails and concrete walkways surrounding the picnic grove, the lake house, and the marina and in the beach and playground area.

I. The use of tobacco products is prohibited at all times within the picnic grove, beach areas, sand areas, spray park area, playground areas, and concession patios. [Amended 4-16-2013 by Ord. No. 6925] J. Absent a license issued by the City, no person may engage in peddling, soliciting, street vending, or panhandling as defined in Chapter 385 of the Code of Ordinances of the City of Crystal Lake. [Amended 4-16-2013 by Ord. No. 6925] K. No person may engage in loud, threatening, or abusive language, disorderly or disruptive conduct, or other conduct that unreasonably obstructs or impedes the use of TORA by other persons.

L. No person may make or permit to be made any unreasonably loud, raucous, disturbing, or unusual noise, commotion, or vibration.

M. Snowmobiles prohibited. [Added 5-6-2014 by Ord. No. 7026]