Village of Volo Zoning Ordinance

Adopted March 14, 2000

Revised April 20, 2021

Burnell Russell. President LaVerne Drake. Village Clerk Fran Havemeyer. Village Comptroller Judith Rutishauser. Deputy Village Clerk

Village Trustees Plan Commission Yvonne Crow Elizabeth Wertke, William Grams Chairperson Art Hill John Groschopf Delmar Maassel Georgette Groschopf Eric Nielsen Edward Locke Naomi Wick Benjamin Sargent Betty Sargent Wayne Willis Yvonne Maassel Leonard Blatz

Village Technical Consultants Village Attorney ‐ Arnstein & Lehr Chicago, Illinois

Village Planner‐ Rolf C. Campbell & Associates, Inc. Lake Bluff, Illinois

Village Engineer ‐Manhard Consulting, Ltd. Vernon Hills, Illinois

March 14, 2000

VILLAGE OF VOLO ZONING ORDINANCE TABLE OF CONTENTS

ARTICLE 1: Title. Purpose and Applicability 1 1.1. Title 1 1.2. Purpose 1 1.3. Jurisdiction 2 1.4. Interpretation 2 1.5. Separability 3

ARTICLE 2: Definitions and Rules of Construction 3 2.1. General Rules of Construction 3 2.2. Interpretation of Zoning District Map 4 2.3. Definitions 5

ARTICLE 3: Administrative Bodies, Procedures, Rules and Enforcement 34 3.1. Purpose 34 3.2. President and Board of Trustees (Corporate Authorities) 34 3.3. Plan Commission 35 3.4 Board of Appeals 36 3.5. Zoning Administrator 36 3.6. Village Engineer 37 3.7. Village Attorney 37 3.8. Required Permits, Certificates, Approvals 38 3.9. Comprehensive Plan Amendments 40 3.10. Amendments, Special Use Permits, Variations, Appeals from 42 3.11. Procedure for Application for Amendments, Special Use Permits or 50 Variations 3.12. Similar and Compatible Uses 53 3.13. Planned Unit Developments (P.U.D.) 55 3.14. Zoning Approvals Required Prior to Submission of Subdivision Plat 76 3.15. Fees 76 3.16. Violation, Penalty, Enforcement 76

ARTICLE 4: General Provisions 77 4.1. Rules of Transition 77 4.2. General Zoning Provisions 79 4.3. Accessory Buildings, Bulk Regulations, and Permitted Obstructions in 80 Required Setbacks and Yard 4.4. Fences and Walls 85 4.5. Special Provisions for Mobile Homes 88

4.6. Special Provisions for Recreational Vehicle Parks 88 4.7. Special Provisions for Satellite Antennas 89 4.8. Special Provisions for Senior Housing 91 4.9. Special Provisions for Accessory Senior Citizen Dwellings 92 4.10. Special Provisions for Group Homes 94 4.11 Special Provisions for Medical Cannabis Facilities 94 4.12 Special Provisions for Backyard Hens 96 4.13 Special Provisions for Boat and Boat trailer storage 97 4.14 Alternative Energy Systems (AES) 98 4.15 Special Provisions for Cannabis Business Establishments 118

ARTICLE 5: Zoning Districts 120 5.1. Establishment of Districts 120 5.2. “RC” ‐ Rural Countryside Single‐Family Detached Residence District 120 5.3. “RE ‐ Rural Estate Single‐Family Detached Residence District 123 5.4. “Rl” ‐ Low Density Residential Single‐Family Detached Residential 125 District 5.5. “R2” ‐ Medium Density Single Family Detached Residential District 128 5.6. “MU‐I” ‐ Mixed‐Use Residential/Commercial District 130 5.7. “MU‐2” ‐ Mixed Use Residential/Commercial District 135 5.8. “B1/P.U.D.” ‐ Community Business District 139 5.9. “B2” ‐ Neighborhood Business District 143 5.10. “B3” ‐ Regional Business District 148 5.11. “LX” ‐ Light Industrial District 153 5.12. "OR” ‐ Office Research District 156 5.13. “OS’ ‐ Open Space District 159 5.14. “CO”‐ Corridor Overlay District 118 161

ARTICLE 6: Site Plan Review 161 6.1 Authority 161 6.2 Purpose 162 6.3 Approved Plan ‐ When Required 162 6.4 Initiation 163 6.5 Procedure for Initiation 163 6.6 Contents of a Site Plan Application 164 6.7 Agreement of Owner 167 6.8 Notice Requirements 167 6.9 Procedure for Decision ‐ Plan Commission and Board of Trustees Action 167 6.10 Standards for Plans 168 6.11 Conditions on Plans 170 6.12 Modifications of Plans 170

6.13 Lapse of Approval 170 6.14 Village’s Authority to Retain Outside Professional Services 170

ARTICLE 7: Landscaping. Buffering and Screening 171 7.1 Purpose 171 7.2 Landscape Plans ‐ When Required 171 7.3 Landscape Architect 171 7.4 Submission Requirements 171 727.5 Landscape Plan Content 172 7.6 Required Landscaping and Screening 173 7.7 Design Standards 181 7.8 Plant Materials 182 7.9 Performance Guarantee and Maintenance 183 7.10 Administrative Relief and Plan Revisions 184

ARTICLE 8: Exterior Lighting Regulations 185 8.1 Purpose 185 8.2 Definitions 186 8.3 Regulations 188 8.4 Measuring Light Levels 189 8.5 Standards and Requirements 189 8.6 Exceptions 190 8.7 Prohibited Lights 191 8.8 Non‐Conforming Lights 191

ARTICLE 9: Off‐Street Parking and Loading Regulations 191 9.1 Off‐Street Parking 191 9.2 Specific Requirements ‐ Parking Spaces and Design 198 Table 1: Off‐Street Parking (Parking Classes) 198 Table 2: Off‐Street Parking Module Dimensions 210 9.3 Off‐Street Loading 211 9.4 Traffic and Access Regulations 217

ARTICLE 10: Non‐Conforming Buildings, Structures, and Uses 221 10.1 Purpose 221 10.2 Authority to Continue Non‐conforming Buildings, Structures and Uses 221 10.3 Non‐Conforming Lots of Record 221 10.4 Continuance of Non‐conforming Buildings, Structures and Uses 222

ARTICLE 11: Sign Regulations 226 11.1 Purpose 226 11.2 Definitions 226 11.3 General Requirements 235 11.4 Prohibited Signs 236 11.5 Exempt Signs (No Permit Required) 238 11.6 Temporary Signs (Permit Required) 240 11.7 Signs Permitted in Non‐Residential Districts (Permit Required) 242 11.8 Signs Permitted in Residential Districts (Permit Required) 246

APPENDIX A: ILLUSTRATIONS 250 Lot Types – Illustrated 251 Building‐Principal and Accessory – Illustrated 252 Yard and Setbacks – Illustrated 253 Floor Area Ratio (F.A.R.) – Illustrated 254 Building Height – Illustrated 255 Building Coverage – Illustrated 256 Visibility Triangle – Illustrated 257 Perimeter Yard Landscaping – Illustrated 258 Transition Setback Landscaping – Illustrated 259 Foundation Landscaping – Illustrated 260 Interior Parking Lot Landscaping – Illustrated 261 Height Limitations for Fences, Walls and Hedges ‐ Illustrated 262

APPENDIX B: LIGHTING ILLUSTRATIONS 263 Luminaries Types 263 Height of Luminaries and Total Height 264 Luminaries With Cutoff (Cutoff Angle Shall be 75 Degrees or Less) 265

APPENDIX C: TABLE OF PERMITTED, SPECIAL & TEMPORARY USES 266 Table of Permitted, Special & Temporary Uses 266‐ 271

ARTICLE 1: TITLE, PURPOSE AND APPLICABILITY

1.1 Title

This Ordinance shall be known and may be cited as the “Village of Volo Zoning Ordinance and may‐ be referred to herein as the “Zoning Ordinance” or “this Ordinance”.

1.2 Purpose

The Village of Volo Zoning Ordinance is adopted with the purpose of protecting and promoting the public health, safety, morals, comfort and general welfare. The fulfillment of this purpose is accomplished by seeking:

a. To protect residential, business, commercial, and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses.

b. To establish adequate standards for the provision of light, air, and open space.

c. To zone all properties with the intent to conserve the value of buildings and land and encouraging the most appropriate use of land throughout the Village.

d. To minimize congestion on the public streets.

e. To facilitate the provision of adequate transportation and of other public requirements and services such as water, sewerage, schools, and parks.

f. To avoid hazards to persons and damage to property from inappropriate development of lands and provide for adequate drainage, curbing of erosion, and reduction of flood damage.

g. To avoid undue concentration of population, and to prevent the overcrowding of land, thereby ensuring proper living and working conditions.

h. To foster compatible relationships between residential, business, commercial, and industrial uses for the mutual benefit of all.

i. To isolate or control the location of unavoidable nuisance producing uses.

j. To establish reasonable standards to which buildings and structures shall conform, and to encourage reasonable flexibility of development design through appropriate innovation.

k. To provide for the regulation of non‐conforming buildings, structures and uses.

l. To ensure that additions to, and alterations or remodeling of, existing buildings or structures will comply with the restrictions and limitations imposed herein.

m. To define the powers and duties of the administrative and enforcement Administrators and bodies.

n. To prescribe penalties for any violation of the provisions of this Ordinance, or of any amendment thereto.

o. To implement the objectives of the Village of Volo Comprehensive Plan, as well as protect all appropriate existing structures and uses.

p. To improve and enhance the overall physical environment of the Village of Volo as generally set forth as part of the Comprehensive Plan.

1.3 Jurisdiction

This Ordinance shall apply to all land, uses of land, and buildings and structures within the Village of Volo.

1.4 Interpretation

a. In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion of the public health, safety, morals, comfort, convenience, prosperity, and general welfare

b. Where the conditions imposed by any provision of this Ordinance, 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 of this Ordinance or of 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.

c. This Ordinance is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this Ordinance are more

restrictive or impose higher standards or requirements than such easements, covenants, or other private agreements, the requirements of this Ordinance shall govern.

d. No building, structure, or use, which was not lawfully existing at the time of the adoption of this Ordinance, shall become or be made lawful solely by reason of the adoption of this Ordinance.

e. Nothing contained in this Ordinance shall be deemed to be a consent, license, or permit to use any property, or to locate, construct, or maintain any building, structure or facility or to carry on any trade, industry, occupation or activity.

1.5 Separability

It is hereby declared to be the intention of the President and the Board of Trustees that the several provisions of this Ordinance are separable, in accordance with the following:

a. If any court of competent jurisdiction shall adjudge any provision of this Ordinance to be invalid, such judgment shall not affect any other provisions of this Ordinance not specifically included in said judgment

b. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this Ordinance to a particular property, building, or other structure, such judgment shall not affect the application of said provision to any other property, building or structure not specifically included in said judgment.

ARTICLE 2: DEFINITIONS AND RULES OF CONSTRUCTION

2.1. General Rules of Construction In the construction of this Ordinance the rules and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise:

a. Words used in the present tense shall include the future;

b. Words in the singular number include the plural number, and words in the plural number include the singular number:

c. The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”;

d. The words “shall”, “must”, and “will” are mandatory, establishing an obligation or duty to comply with the particular provision;

e. The word “may” is permissive:

f. All measured distances shall be to the nearest 1/100th of an inch and the determination of a measured distance shall be within the sole discretion of the Zoning Administrator or his designee:

g. Any words not defined in this Ordinance shall have the accepted meanings as defined in the most recent publication of Webster’s Unabridged Dictionary:

h. The particular shall control the general;

i. In the event of an conflict in limitation, requirements, or standards contained in this Ordinance applying to an individual use or structure, the more restrictive provision shall apply;

j. In the case of any difference of meaning or implication between the text of this Ordinance and any caption or illustration, the text shall control.

2.2 Interpretation of Zoning District Map

Where uncertainty exists with respect to the boundaries of the zoning districts shown on the Zoning District Map, the following rules shall be used to interpret the Map:

a. Where the Map shows a zoning district boundary line located within or following a public or private right‐of‐way, railroad or utility right‐of‐way, easement. or waterway. it shall be considered in the center of the right‐of‐way, easement, or waterway. If the actual location of such right‐of‐way, easement, or waterway, as indicated in a recorded legal description of such, varies slightly from the location as shown in the Map, then the actual location shall control.

b. Where the Map shows a boundary line as being located a specific distance from a street line or other physical feature, this distance shall control.

c. Where the Map shows a district boundary to approximately coincide with a property line or municipal border, the property line or municipal border shall be considered to be the district boundary, unless otherwise indicated on the Map.

d. Where the Map shows a district boundary not to coincide or approximately coincide with any public or private right‐of‐way. driveway, railroad, waterway, or property line, and no dimensions are shown, the location of the boundary shall be determined by use of the scale appearing on the Map.

e. Where the Map shows a district boundary dividing a lot, each part of the lot shall be used in conformity with the standards established by this Ordinance for the zoning district in which that part is located. Where a district boundary line divides a lot in single ownership on the effective date of this Ordinance, the Plan Commission after appropriate public hearing, may extend the regulations for either portion of such lot. No fee shall be entered for such consideration.

2.3 Definitions.

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

Abandon: To cease from maintaining, practicing or using.

Abutting: Making contact with or separated only by public right‐of‐way, railroad, public utility right‐of way or navigable water.

Accessory Building or Use: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonable necessary and incidental to the conduct of the primary use of such building or main use.

Addition: Any physical enlargement of an existing structure.

Adjacent: In close proximity to or neighboring not necessarily abutting.

Adult Book Store: A commercial establishment having a substantial portion of its stock in trade, books, magazines, and other periodicals depicting, describing, or relating to “specified sexual activities”, or which are characterized by their emphasis on matter depicting, describing, or relating to “specified anatomical areas”.

Adult Live Entertainment Establishment: A business that offers any of the following entertainment during any span of any two (2) or more days within any continuous thirty (30) day period: a. Topless or bottomless dancers. b. Male or female striptease dancers. c. Male or female dancers whose clothing less than completely and opaquely covers:

1. Human genitals and pubic region and/or 2. Buttocks, and/or 3. Entire female breast below a point immediately above the top of the areola. 4. Nude models, models where the costume is described in paragraph c) above, “Mud Wrestling,” “Wet T‐shirt or other similar entertainment.

Adult Theater: An enclosed building or open‐air drive‐in theater regularly used for presenting any film or plate negative, film or plate positive, film or tape designed to be displayed on a screen depicting, describing or related to “specified sexual activities” or characterized by an emphasis on matter depicting, describing, or relating to “specified anatomical areas” for observation by patrons therein.

Adult Use: Any or all of the following: adult bookstore, adult live entertainment establishment, and adult theater.

Adult‐Use Cannabis Craft Grower: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture as a “craft grower” to cultivate, dry, cure and package cannabis and perform other necessary activities to provide cannabis to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., as it may be amended from time‐to‐time, and regulations promulgated thereunder.

Adult‐Use Cannabis Cultivation Center: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture as a “cultivation center” to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis‐infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., as it may be amended from time‐to‐time, and regulations promulgated thereunder.

Adult‐Use Cannabis Dispensary: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation as a “dispensing organization” to acquire adult‐use cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis‐infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis

patients and caregivers, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., as it may be amended from time‐to‐time, and regulations promulgated thereunder.

Adult‐Use Cannabis Infuser: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture as an “infusing organization,” “infuser,” “processor,” or “processing organization” to either extract constituent chemicals or compounds to produce cannabis concentrate directly or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis‐infused product for sale only at a licensed cannabis dispensary, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., as it may be amended from time‐to‐time, and regulations promulgated thereunder.

Adult‐Use Cannabis Infused Product: Food, oils, ointments, or other products containing usable cannabis that are not intended to be smoked.

Adult‐Use Cannabis Transporter: An organization or business that is licensed by the Illinois Department of Agriculture as a “transporting organization” or “transporter” to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq., as it may be amended from time‐to‐time, and regulations promulgated thereunder.

Agricultural Use: Those uses commonly associated with the growing of produce on farms. These include: field crop farming: pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without building: truck gardening: roadside stand for sale in season of products for farms, commercial animal feedlots, and kennels.

Alley: A public right‐of‐way primarily designed to serve as secondary access to the side or rear of those properties whose principal access is on a public street.

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

Annexation: Is the incorporation of a contiguous land area into an existing municipality with a resulting change in the corporate boundaries of that municipality.

Antenna: Is an arrangement of wires, metal rods, or similar materials used for the transmission and or reception of electromagnetic waves. (See also “Communications Tower, Radio or Television” and “Satellite Dish Antenna”)

Antenna, Satellite: Means a device incorporating a reflective surface that is solid, open mesh. Or bar configured and is in the shape of a shallow dish. Such device is used to transmit and/or

receive radio or electromagnetic frequencies.

Apartment: A room or suite of rooms which is designed for, intended for, or occupied as a residence by a single family or an individual, and is equipped with cooking facilities: (Including dwelling unit and efficiency unit.)

Apartment Building: Three (3) or more apartments grouped in one building with each unit sharing a common area for ingress and egress.

Applicant: The owner, their agent or other person having legal control, ownership and/or interest in land which the provisions of this Ordinance are being considered for or reviewed.

Automobile Body Shop: An establishment providing major repair services for motor vehicles such as collision repair services, including body, frame, or fender straightening or repair and painting of vehicles.

Automobile Dealership: The sale or rental of automobiles, noncommercial trucks, motorcycles, motor homes, recreational vehicles, or boats, including incidental storage, maintenance, and servicing, at which dealership the title to each motor vehicle shall be registered in the name of the party that possesses the Village business registration or its franchiser for the motor vehicle sales premises and such evidence of ownership shall be present at the licensed premises during its normal hours of operation.

Automobile Repair Shop: A building or portion thereof, used for the repair or replacement of engines, transmissions, differentials, drive trains, or any parts thereof, in addition to the replacement of parts, service and incidental repairs to motor vehicles, but not including any operations specified under Automobile Body Shop.

Automobile Sales and/or Leasing New and Use: An automobile sales lot or leasing agency that engages in the business of selling new or used vehicles.

Automobile Service Station: Any building or premises used for the dispensing, sale, or offering for sale of any automotive fuels and oils, having pumps and storage tanks, and where battery, tire, minor repairs and other similar services are rendered, if rendered wholly within lot lines. It does not include:

a. Spray painting b. Body, drive train, or frame repairs or repairs requiring the removal thereof c. Recapping of tires d. The sale of automobiles, trailers, vans, recreational vehicles or trucks e. The unenclosed storage of automobiles, trucks, trailers or other motor vehicles for

purposes other than waiting repair

Automobile Wrecking Yard: Any place where one or more motor vehicles not in running condition, and/or motor vehicle parts are stored in the open; or any land, building or structure used for the demolition or storing of such automobiles or the parts thereof. Awning: A temporary hood or cover which projects from the wall of a building, and of a type which can be retracted, folded or collapsed against the face of a supporting building.

Bank and Other Financial Institute: Commercial banks, savings and loan associations publicly traded securities, brokerage offices and other similar financial institutions, but not including pawn shops.

Banquet Facility: A facility where food, either prepared on the premises or otherwise and/or beverages are provided on a prearranged basis for consumption on premise; is not open to the public, and the use thereof is restricted to invitees of the party contracting for use of the facility.

Basement: A story having part, but not more than one‐half of its height below the grade of the building. If the floor of such basement is less than 2 feet 6 inches below such grade, or if the ceiling of such basement is more than 5 feet above said grade, the basement shall be counted as a story for the purpose of height regulation.

Bed and Breakfast Facility: A building other than a hotel where, for compensation, meal and lodging are provided to transient guests, but not including a building providing these services to more than ten (10) persons, and where at least one (1) meal and/or beverages are offered in connection with the provision of sleeping accommodations.

Berm: An earthen mound utilized for buffer, landscape, and/or aesthetic purposes.

Block: A tract of land bounded by street or a combination of streets and public parks, cemeteries, railroad, and utility rights‐of‐way, shorelines, or boundary of the corporate limits of the Village.

Boarding (House) Home: A building other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided to five (5) or more persons not of the principal family therein, pursuant to previous arrangements but not including a building providing these services for more than ten (10) persons.

Boundary Lines: Any line indicating the bounds or limits of any tract or parcel of land; also a line separating the various use district as shown on the Village’s Zoning Map.

Buffer: The use of land, topography, difference in elevation, space, fences or landscaping plantings to screen or partly screen a use or property from the vision of another use or property.

Buildable Area: The area remaining on a lot after the minimum setback and open space requirements of this Ordinance have been met and excluding easements.

Building: Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind. Building Coverage: Building coverage is that portion or percentage of a lot permitted to be covered by structures, excepting non‐permanent accessory structures.

Building Facade: That portion of any exterior elevation of a building extending from grade to the top of the parapet wall or eaves and including the entire width of the building elevation.

Building Height: The vertical measurement taken from the top of foundation of the building or average grade at the foundation line (whichever results in greater height), to the highest point, vertex or ridge line of a roof (see Illustrations).

Building Line: A line parallel to the street right‐of‐way at any story level of a building and representing the minimum distance which all or any part of the building is set back from said right‐of‐way.

Building Setback: The minimum horizontal distance between the building and the lot line.

Building Permit: A document issued by the Building Commissioner which authorizes performance of an activity which is subject to the Village of Volo Building Code.

Building, Principal: The primary structure or building containing the permitted or special use within the zoning district, in contradistinction to accessory building.

Building, Temporary: A structure designed, built, created, or occupied for short and/or intermittent periods of time including tents, trailers, and other roofed structures on wheels or other supports used for residential, commercial, industrial, institutional, or recreational purposes.

Bulk: A composite term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another includes the following:

a. Size and height of building b. Location of exterior walls at all levels in relation to lot lines, streets, or to other

buildings c. Floor area ratio of buildings d. All open spaces allocated to buildings, and e. Amount of lot area provided per dwelling unit.

Business Park: A special or exclusive type of planned industrial area designed and equipped to accommodate a variety of businesses, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. As such business parks are highly landscaped and buildings are well designed and attractive from all sides. Uses are generally service oriented, but may include limited retail in conjunction with the service or manufacturing facility.

Cannabis Business Establishment: An adult‐use cannabis craft grower, cultivation center, dispensary, infuser, processing, or transporter organization licensed and operating pursuant to the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq.

Canopy: Any structure, mobile or stationary attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop, or sidewalk from the elements, or a roof‐like structure of permanent nature which projects from the wall of a structure.

Car Care Center: A building designed for light maintenance and servicing of automobiles including tune‐ups, oil changes, brakes, tire replacement, and balancing, detailing, muffler replacement, transmission service and lubrication.

Carport: A canopy constructed of metal or other materials supported by posts either ornamental or solid and completely open on at least two (2) sides.

Car Wash: A building or portion thereof containing facilities for washing motor vehicles, using automatic production‐line methods with a chain conveyer, blower, steam cleaning device, or other mechanical devices, or providing space, water, or equipment for the hand washing of autos, whether by the customer or the operator of the car wash.

Cellar: See “BASEMENT”

Cemetery: A site or property set apart for the burial or interment of the dead. A cemetery may include crematoria, mausoleums, and columbaria.

Certificate of Occupancy: A written approval of the Zoning Administrator certifying that the building or structure, as constructed, meets the minimum requirements of the Village of Volo municipal codes.

Church: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship and activities. The word “church” shall include, but is not limited to, chapel, temple, synagogue and mosque.

Club, or Lodge, Private: A private club or lodge is a group or association of persons who are bona fide members, which owns, hires, or leases a building or portion thereof, for the sole use of members and their guests, and which may include serving food and meals on such premises.

Cluster Development: The development patterns and techniques whereby structures are arranged in closely related groups to make the most efficient use of the natural amenities of the land as accomplished through a planned unit development.

Commercial Use: An activity carried out for pecuniary gain.

Commercial Vehicle: Any vehicle operated for the transportation of persons or property in the furtherance of any commercial or industrial enterprise, for‐hire or not‐for‐hire, but not including a vehicle used in a ridesharing arrangement when being used for that purpose or a recreational vehicle not being used commercially. In any event, any vehicle that is licensed for a gross weight, including vehicle and cargo, of eight thousand and one (8,001) pounds or more, or any vehicle used in a commercial enterprise and containing lettering or logo on the vehicle body advertising that commercial enterprise, shall be considered a commercial vehicle.

Common Elements: Land amenities, parts of buildings, central services and utilities and any other elements and facilities owned and used by all unit owners and designated in the master deed as common elements.

Common Open Space: A parcel or parcels of land or an area of water, or a combination of land and water within the site designated for a planned development, and designed and intended for use or enjoyment of all the users of the planned development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of all the occupants of the planned development including, but not limited to, common club houses, pools, tennis courts, compensatory storage, and similar facilities, but shall not include:

a. Areas reserved for the exclusive use or benefit of an individual tenant or owner, such b. as fenced yards or private residential yards

c. Dedicated streets and other public rights‐of‐way, and

d. Vehicular drives, parking islands, parking, and loading and storage areas.

Communications Tower, Radio or Television: A structure attached to a building or a detached structure affixed to the ground, used in the transmission, relaying or receiving of electromagnetic waves or signals. (See also “Antenna” and “Satellite Dish Antenna”)

Community Residence: A community residence is a specialized residential care facility serving unrelated persons with disabilities, but not including residential care facilities that serve persons as an alternative to incarceration for a criminal offense, or persons whose primary reason for placement is substance abuse or alcohol abuse, or persons whose primary reason for placement is treatment of a communicable disease.

Comprehensive Plan: A plan for Volo including graphic and written proposals indicating the general locations recommended for the streets, parks, schools, public buildings, and all land uses of the Village, including any unit or part of such plan and parts thereof, adopted by the President and Board of Trustees. Such plan shall be advisory and shall not be construed to regulate or control the use of private property in any way except as to such part of the Comprehensive Plan which has been implemented by ordinances adopted by the President and Board of Trustees.

Concept Plan: A report in map and text form submitted as the first phase of a Planned Unit Development (PUD) proposal, depicting the location, general purpose, general type of land use and circulation patterns, primary relationships between site elements and between the proposed development and surrounding development, proposed general schedule of development, and information on the applicant.

Condominium: An association of co‐owners in which individual owners hold title exclusively in their unit and are co‐owners of the common elements. The association of co‐owners has responsibility for control and maintenance of common elements.

Construction: The on‐site erection, fabrication, installation, alteration, demolition, or removal of any structure, facility, or addition thereto, and all related activities including, but not restricted to, clearing of land, earth moving, blasting, and landscaping.

Consumer Service: An establishment primarily engaged in the provision of services to individuals and households rather than firms, but excluding automotive and equipment services uses. Typical uses include appliance repair shops, watch or jewelry repair shops, and musical instrument repair shops, the renting of private postal and safety deposit boxes to individuals, and automated banking machines.

Contiguous: In contact, adjoining, or touching another object or item, as distinguished from abutting.

Corner Lot: See “LOT, CORNER”.

Cultural Facility: A structure in which its use is devoted primarily to the appreciation of the arts.

Day Care Center: A day care center is any care facility receiving more than eight (8) children for fewer than twenty‐four (24) hours per day attended to by persons other than or in addition to parents or legal guardians and licensed by the State of Illinois.

Day Care Home: A day care home is a facility located in a single family dwelling unit that receives not more than eight (8) children for fewer than twenty‐four (24) hours per day attended to by persons other than or in addition to parents or legal guardians, and is licensed by the State of Illinois if more than three (3) non‐family children are received. The maximum of eight (8) children includes the family’s natural or adopted children under the age of sixteen (16) and those children who are in the home under full‐time care.

Deck: An unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site.

Density, Gross: The numerical value obtained by dividing the total number of dwelling units, floor area or other development standard in a tract of land by the number of acres within a development. This would include all residential or non‐residential land uses and private streets of the development as well as proposed rights‐of‐way of dedicated streets; the result being the number of dwelling units floor area ratio (F.A.R.) or other development standard per gross acre of land.

Density, Net: The numerical value obtained by dividing the total number of dwelling units in a development by the buildable area of the actual tract of land in acres or square feet upon which the dwelling units or floor area are proposed to be located and including recreational facilities within the area; the result being the number of dwelling units per net residential acre of land or F.A.R. per buildable area. (See Buildable Area definition).

Detached Structure: Any structure having no party wall or common wall with another structure. Bridges, tunnels, breezeways, fences, and other similar means of connecting one structure to another shall not, for the purposes of this Section, be considered to constitute a party wall or a common wall.

Detention/Retention Basin or Pond: A facility for the storage of water, often storm water runoff.

Disability: A personal condition which is:

a. Attributable to mental, intellectual, or physical impairment or a combination of mental, intellectual, or physical impairments.

b. Likely to continue for a significant amount of time or indefinitely, and

c. Results in functional limitations in three or more of the following areas of major life activities: self care; receptive or expressive language; learning; mobility; self direction; capacity for independent living; economic self‐sufficiency; and reflects the person’s need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services of a life‐long or extended duration, but is not the result of a communicable disease or substance abuse or alcohol abuse.

District, Commercial: One or more of the following zoning districts: B1, B2, B3

District, Light Industrial: One or more of the following zoning districts: L1

District, Mixed Use: One or more of the following zoning districts: MU‐1, MU‐2

District, Open Space: One or more of the following zoning districts: OS.

District, Office/Research: One or more of the following zoning districts: OR.

District, Residential: One or more of the following zoning districts: RC, RE, R1, R2.

District, Zoning: A zoning district is a section or sections of the incorporated territory of Volo for which the regulations and requirements governing use, lot, and bulk of buildings and premises are uniform.

Drive‐in Establishment: A drive‐in establishment is a place of business operated for the sale and purchase at retail of food and other goods’ services, or entertainment, and which is designed and equipped so as to allow patrons to be served or accommodated while remaining in their automobiles.

Drive‐through Establishment: A place of business which through design, physical facilities and service, customers receive products or services in their car for use or consumption off‐site.

Driveway: A pathway for motor vehicles from a street to a permitted accessory structure used for service purposes or for access to the principal structure on a zoning lot.

Dwelling, Multiple: A building designed with three (3) or more dwelling units exclusively for occupancy by three (3) or more families living independent of each other, but sharing hallways and main entrances and exits. This may include, but is not limited to the following: apartment, condominium, cooperative, quadraminium, three‐flat, and triplex.

Dwelling, Single‐Family Attached: A building consisting of dwelling units each of which is attached by a common vertical wall to at least one other dwelling unit with each dwelling unit having a separate entrance, including “townhouse” and “rowhouse”.

Dwelling, Single‐Family Detached: A freestanding building containing one dwelling unit.

Dwelling, Two‐Family: A building consisting of two (2) dwelling units attached by a vertical common wall, with each dwelling unit having a separate entrance, or by a horizontal partition, where there may be a shared entrance.

Dwelling Unit: A residential building or portion thereof intended for occupancy by one (1) or more persons with facilities for 1iving, sleeping, cooking and eating, but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, resorts, tourist homes, or trailers.

Easement: Land or an interest in land which has been designated by lawful agreement between the owner or owners of such land and another person or persons, for a specified use only by such person or persons.

Efficiency Apartment (Dwelling Unit): A dwelling unit consisting of one principal room, together with bathroom, kitchen facilities and closet space.

Elderly Housing: See SENIOR CITIZEN HOUSING

Exterior Storage: The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building.

Family: An individual or two (2) or more persons related by blood, marriage, adoption or a group of not more than three (3) persons who need not be related by blood or marriage living together in a dwelling unit. (The number of persons herein defined are the basis upon which performance standards are established within this Ordinance.

Farm: An unplatted tract of land having one quarter of a quarter section containing

approximately one hundred sixty (160) acres or more, or two or more abutting parcels under the same ownership having an area of one hundred sixty (160) acres, measured from the centerline of abutting roads, usually with a house and barn and other buildings, and on which crops and often livestock are raised as a major source of livelihood.

Farmstead: A dwelling unit surrounded by or connected to a farming operation, all under single ownership.

Fence: A free‐standing structure of metal, masonry, composition or wood or any combination thereof permanently installed by being partially buried in the ground and rising above ground level, and used for confinement, screening, or partition purposes, including the following:

a. Fence, decorative: A fence not more than three (3) feet in height and intended primarily for aesthetic purposes.

b. Fence, natural: A living barrier fence that is made of natural growth, such as shrubs, hedges, evergreens and similar planted vegetation.

c. Fence, solid: A fence having a regular pattern that has less than twenty‐five percent (25%) of the surface open and unobstructed to both light and air, when viewed perpendicular to the plane of the fence.

Floodplain: The area adjoining a watercourse which has been or hereafter may be covered by the 100‐year flood as determined by the use of the 100‐year flood profile and other supporting technical data in the Flood Insurance Map.

Floor Area (for determining off‐street parking and loading requirements): Is the sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any floor area devoted to retailing activities, to the production or processing of goods or to business or professional offices.

However, ‘floor area” for the purposes of measurement for off‐street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off‐street parking or loading facilities, including aisles, ramps, and maneuvering space; or mechanical or storage floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

Floor Area (For Determining Floor Area Ratio): For the purpose of determining the floor area ratio, the “Floor Area” of a building is the sum of the gross horizontal areas of the several floors

of the building measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) buildings. The “Floor Area” of a building shall include basement floor area when more than one‐half (1/2) of the basement height is above the established curb level or above the mean elevation of the center line of the street fronting the lot where curb level has not been established, elevator shafts and the stairwells at each floor space used for mechanical equipment except equipment, open or enclosed, located on the roof‐penthouses, attic space having headroom of seven feet, six inches (7’6”) or more, interior balconies and mezzanines, enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off street parking or loading shall be included in “Floor Area.” The “Floor Area” of structures devoted to bulk storage of materials‐including but not limited to, grain elevators and petroleum storage tanks‐shall be determined on the basis of height in feet; with each ten (10) feet in height equal to one (1) foot of ground area.

Floor Area Ratio (F.A.R.): The “Floor Area Ratio” of the building or buildings on any parcel or lot is the floor area of the building or buildings on the zoning lot divided by the gross lot area of such parcel or lot, or, in the case of planned unit developments, by the gross site area, exclusive of dedicated streets. The “Floor Area Ratio” requirements‐as set forth under each zoning district shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the parcel or lot.

Forest Preserve District Uses: All land uses undertaken by an Illinois forest preserve district that is organized and existing pursuant to the Downstate Forest Preserve District Act, 70 ILCS 805/1 et seq., provided that such uses are authorized by the Downstate Forest Preserve District Act and do not include any of the following activities: (i) mining of gravel, sand, earth, and other material from lands and waters; (ii) operation, use, or maintenance of a sanitary landfill or pollution control facility; (iii) operation, use, or maintenance of a power plant; or (iv) residential uses (except for a detached single family residence for use by a caretaker of forest preserve lands).

Frontage: The length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead‐ended, then all of the property abutting on one side between an intersecting street and the dead‐end of the street.

Frontage, Zoning Lot: The length of all the property of a zoning lot fronting on a street measured between side lot lines.

Funeral Home: An establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the both, and for funerals.

Garage, Commercial: A commercial garage is a building used or intended to be used for the storage of motor trucks, truck trailers, tractors, buses, and commercial vehicles exceeding one and one‐half (1‐1.2) tons gross vehicle weight.

Garage, Private: An accessory building or an accessory portion of the principal building or both which is intended for and used to store private passenger vehicles designed to carry not more than ten (10) passengers and which may be used for the storage of not more than one vehicle having up to two (2) tons gross vehicle weight.

Gasoline Fuel Station: An Automobile Service Station that may or may not contain a minimarket.

Grade: The established grade shall be as prescribed by the Village Engineer. Where no such grade has been established, the grade shall be the average elevation of the sidewalks at the property lines. Where no sidewalks exist, the grade shall be the average elevation of the top of the curbs abutting the property. Where no street curbs exist, the grade shall be the average elevation of the centerline of the streets abutting the property.

Grading: Changing the natural or existing topography of the land.

Green Area: An area of a lot or parcel used for purposes of landscaping with trees, shrubs, evergreens, flowers, sod and other similar material.

Group Home (Community Residence): A residential building housing service for dependent or developmentally disabled people living with professional staff who function as surrogate parents. The group home may house individuals who are undergoing treatment or rehabilitation and constitutes a single housekeeping unit in which residents share responsibilities, meals and recreation. Prior to the issuance of an occupancy permit, the group home shall obtain any required licenses or certificates from the appropriate Federal, State, or County agencies.

Health or Fitness Clubs: A building or portion of a building designed and equipped for the purpose of physical fitness, improved circulation or flexibility, weight control, or other customary and usual health and fitness activities, operated for profit, non‐profit or not‐for‐ profit. Customary and usual health and fitness activities may include, but are not limited to: group and individual weight training, aerobics, stretching, meditation and instructions for these activities. This definition does not include gymnastics studios or martial arts studios.

Height: The vertical distance from grade to the highest point of the roof of a building or the highest point of a structure.

Home Occupation: Any occupation or profession engaged in by the occupant of a residential dwelling unit, which clearly is incidental and secondary to the residential use of the premises and does not change the character of said premises.

Horse Stable: A structure on any residential lot or premises, including a stable, paddock area, mud lot, and corral, where not more than two (2) adult horses over seven (7) months of age and one (1) foal under seven (7) months of age are kept for a period in excess of three (3) consecutive days.

Hospital: Any institution, place, building, or agency, public or private, whether organized for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of two (2) or more unrelated persons admitted for overnight stay or longer in order to obtain medical care, including obstetric, psychiatric and nursing care of any condition, illness, disease, injury, infirmity, or deformity. The term “hospital” with regard to length of stay shall also include:

a. Any facility devoted primarily to providing psychiatric and related services and programs for the diagnosis and treatment or care of two (2) or more unrelated persons suffering from emotional or nervous disease; and

b. All places where pregnant women are received, cared for, or treated during delivery, irrespective of the number of patients received.

The term “hospital” includes general and specialized hospitals, tuberculosis, Santeria, mental or psychiatric hospitals and sanitaria, maternity homes, hospices, lying‐in homes, and homes for unwed mothers in which aid is given during delivery.

Hotel‐Motel: An establishment containing lodging accommodations designed for use by transients, travelers, or temporary guests, and which may include facilities providing maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, and restaurants.

Impervious Surface: Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. Impervious surfaces shall include gravel or stone driveways and parking areas.

Improvements: Any man‐made, immovable item which becomes part of, placed upon, or is affixed to, real estate.

Incompatible Use: A use or service which is incapable of direct association with certain other uses because it is contradictory, incongruous, or discordant.

Junk Yard: An open area where waste, used, or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled; including but not limited to scrap iron and other materials, paper rags, rubber, tires, lumber, and bottles. A junk yard includes automobile wrecking, salvage or storage yards, used lumber yards, yards for storage of salvaged house‐wrecking and structural steel materials and equipment, recycling drop‐off stations and recycling centers, but does not include such uses established entirely within enclosed buildings nor sanitary land fills.

Kennel. Commercial: A commercial kennel is any lot or premises on which more than three (3) dogs, cats, or other household pets are either permanently or temporarily boarded, and which may include “Veterinary Clinic.

Landscape Material: Includes such living materials as trees, shrubs, ground cover, vines, turf grasses, and non‐living materials such as rocks, pebbles, sand, bark, brick pavers, earthen mounds (excluding pavement. and other items of a decorative or embellishment nature such as fountains, pools, walls, fencing, sculpture, etc.

Landscape Plan: The graphical depiction of the location and arrangement of existing and proposed plant material and land forms on a zoning lot in conformance with the requirements of this ordinance.

Landscaping: Plantings such as trees, flowers, grass and shrubs and improvements directly related thereto.

Lot (of Record): A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this Ordinance, or approved by the Village as a lot subsequent to such date and which is occupied by or intended for occupancy by (1) principal building, or principal use together with any accessory buildings and such open spaces as required by this Ordinance and having its principal frontage on a street, or a proposed street approved by the Chairman and Board of Trustees.

Lot: A parcel or portion of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.

Lot, Camping: A parcel of land for the placement of a single recreational vehicle or tent and the exclusive use of its occupants within a recreational vehicle park.

Lot, Corner: A lot situated at the junction of and abutting on two (2) or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty‐five (135) degrees or less.

Lot, Depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rear points of the side lot lines in the rear.

Lot, Interior: A lot, other than a corner lot, including through lots.

Lot Line: A property boundary line, except that where any portion of the lot extends into the abutting street or driveway, the lot line shall be deemed to be the sidewalk, curb, or edge of pavement, whichever is closest to the yard line.

Lot Line, Rear: The rear lot line is the lot line most nearly parallel to and most remote from the street lot line. If the rear lot line as determined above shall be less than ten (10) feet in length, such rear lot line shall be determined to be a line which is not less than ten (10) feet in length, which line shall be parallel to and at the maximum distance from the street lot line.

Lot Line, Side: A side lot line is any boundary of a lot which is neither a street lot line nor a rear lot line.

Lot Line, Street: The street lot line is that which abuts the street right‐of‐way line. On a corner lot, either lot line abutting a street may be designated. On a through lot, this shall be along the street which is designated as such by the Zoning Administrator, except that where an established street yard exists, a vacant through lot in the block shall have its street lot line along the same street as majority of the developed lots on the block.

Lot, Reversed Corner: A reversed corner lot is a corner lot, the rear of which abuts upon the side of another lot, whether or not across a street or driveway.

Lot, Through: A through lot is any interior lot that has a pair of opposite lot lines along two (2) substantially parallel streets, and which is not a corner lot. On a through lot, both street lines shall be designated street lot lines, and street yards shall be provided as required by this Ordinance except for through lots in a Business Park.

Lot, Width: The shortest horizontal distance between the side lot lines measured at right angles to the lot depth at the minimum required building setback line. If no setback line is established, the distance between the side lot lines measured along the public right‐of‐way.

Lot, Zoning: A zoning lot is a single tract of land, which (at the time of filing for a building

permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Zoning lot lines shall not cross zoning district boundary lines unless otherwise permitted in this Ordinance. A “zoning lot or lots” may or may not coincide with a lot of record.

Lumber Yard: A business primarily engaged in the retail or wholesale sale of wood products and building materials.

Mall: A shopping center where stores front on both sides of a pedestrian way which may be either enclosed or open.

Marquee: A roof‐like structure of a permanent nature that projects from the wall of a building.

Median: A raised portion of a street separating the opposing traffic flows.

Medical Cannabis Cultivation Center or Cultivation Center: A facility operated by an organization or business that is registered by the Illinois Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis.

Medical Cannabis Dispensing Organization, or Dispensing Organization, or Dispensary Organization or “Dispensary: A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

Medical Cannabis Facility: A medical cannabis cultivation center or a medical cannabis dispensary.

Medical Clinic: A building or portion thereof containing an association or group of physicians. dentists, clinical psychologists, or similar professional health care practitioners, including allied professional assistants assembled for the purpose of carrying out their professions, and which may include pharmacy, dental and medical laboratories, and/or X‐ray facilities, but not in‐ patient care or operating rooms for major surgery. This service is provided without overnight care available.

Metes and Bounds Description: A description of real property which is not described by reference to a lot or block shown on a map, but is described by starting at a known point and describing the bearing and distances of the lines forming the boundaries of the property or delineating a fractional portion of a section, lot or area by describing lines or portions thereof.

Mobile Home: A structure, transportable in one or more sections, which is at least eight (8) feet in width and thirty‐two (32) feet in length, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required utilities.

Mobile Home Park: A site with required improvements and utilities for the long‐term parking of mobile homes which may include services and facilities for the residents.

Model Home: A home which is similar to others in a development and which is open to public inspection for the purpose of selling said other homes.

Motor Fuel Station: A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and building.

Motor Vehicle Service Shop: A motor vehicle service shop is an establishment providing minor repair and maintenance services within an enclosed structure, but not including the sale of automotive fuels or oils, and operations permitted exclusively under “Body Shop”.

Non‐Conforming Structure, Use or Lot ‐ Illegal: A lot, building, structure, premise, or use either (i) unlawfully established and in violation of regulations applicable at the time of development or initiation, or (ii) that would qualify as a Non‐Conforming Structure, Use or Lot – Legal except for violations of the provisions of Article 10 of this Ordinance.

Non‐Conforming Structure, Use or Lot ‐ Legal: A lot, building, structure, premise, or use lawfully established prior to the adoption of this Ordinance or any amendment thereto which does not now conform to the applicable conditions or provisions of this Ordinance for the district in which the structure or use is located.

Nursing Home: A nursing home is an institution, whether operated for profit or not, or a home for the infirm and chronically ill operated by a political subdivision of the State of Illinois, which provides, through its ownership or management, maintenance, personal care, or nursing for three (3) or more persons, not related to the applicant or owner by blood or marriage, or any similar facility in which maintenance is provided to three (3) or more persons, who, by reason of illness or physical infirmity, require personal care or nursing.

Nursery, Landscape: A business growing and selling trees, flowering and decorative plants, and shrubs.

Occupancy: The purpose for which a building is used or intended to be used. The term shall also include the building or room housing such use. Change of occupancy is not intended to include change of tenants or proprietors.

Office: An administrative unit of a business enterprise or organization, including but not limited to offices of accountants, financial brokers, insurance agents, architects, engineers, planners, dentists, physicians, osteopaths, chiropractors, optometrists, lawyers, real estate and title companies.

Off‐Street Loading and Unloading Space or Berth: Off‐street loading and unloading space or berth is an open, hard‐surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading, and unloading of motor vehicles, tractors, and trailers, to avoid undue interference with public streets and driveways complying with Article 9 of this Ordinance, exclusive of access aisles and maneuvering space.

Off‐Street Parking Space: An area of such shape and dimensions as provided by this Ordinance, enclosed in the principal building, in an accessory building, or unenclosed, sufficient in size to store one (1) motor vehicle, which has adequate access to a public street or alley, and permitting satisfactory ingress and egress of an automobile.

Open Sales or Storage Lot: Is that open paved portion of a lot or parcel of land used or occupied for the purpose of buying, selling, or trading of all goods and commodities and including the storage of same prior to sale or exchange.

Open Space: Any open space not covered by structures, but not limited to the following uses: required or established yard areas, parking areas, sidewalk, school walks, trails, recreation areas, water bodies, shore lands, watercourses, wetlands, groundwater recharge areas, floodplains, floodway, flood fringe, erodible slopes, woodland, and soils with serve limitation for development.

Out‐Patient Care: Medical examination or service available to the public. This service is provided without overnight care and shall be considered a separate, independent, principal use when combined or operated in conjunction with a hospital.

Owner: An individual, association, syndicate, partnership, corporation, trust or any other legal entity holding an equitable or legal ownership interest in land, buildings, structures, dwelling unit(s) or other property.

Parcel: An individual lot or tract of land.

Park: A tract of land used for public or private, but noncommercial recreational, purposes or

open space purposes. Such land may contain improvements and facilities for indoor and outdoor activities, including, but not limited to, active and passive recreational activities.

Parking Lot: An unenclosed off‐street paved area, containing four or more parking spaces and associated aisles; used for the temporary storage of automobiles or other motor vehicles with direct access to a dedicated roadway right‐of‐way.

Parking Space: See OFF‐STREET PARKING SPACE

Parking Structure: A structure for the parking of private motor vehicles either above or below ground, or an unenclosed but screened parking area on top of a structure.

Parkway: That portion of a public street right‐of‐way on either side of an improved public street lying between the back‐of‐curb or the edge of pavement and the closest edge of sidewalk pavement or the right‐of‐way line.

Parkway Trees: Any tree which when mature has a trunk diameter of 4 inches or more (measured six inches above grade) and is planted within or adjacent to a public right‐of‐way for a street.

Patio: An unenclosed surfaced area located at the finished grade which is directly adjacent or attached to a building.

Performance Standard: Criterion established for setbacks, fencing, landscaping, screening, drainage, accessory buildings, outside storage and to control noise, odor, toxic or noxious matters, vibration, fire and explosive hazards, or glare or heat or other nuisance elements generated by or inherent in uses of land or buildings.

Permitted Use: A use which may be lawfully established in a particular district or districts, provided it conforms to all requirements, regulations, and performance standards (if any) of such districts and this Ordinance.

Person: An individual, firm, partnership, association, corporation, or organization of any kind. Plan Commission: The Village of Volo Plan Commission.

Planned Unit Development (PUD): A tract of land which is developed as a unit under single ownership or unified control, which includes one (1) or more principal buildings or uses, and is processed under the special use provisions of this Ordinance. Also a parcel of land planned as a single unit rather than as an aggregate of individual lots, with design flexibility from traditional sitting regulations (such as side yards, setbacks, and height limitations) or land use restrictions

(such as side yards, setbacks, and height limitations) or land use restrictions (such as prohibitions against mixing land uses within a development). The greater flexibility in locating buildings and in combining various land uses often makes it possible to achieve certain economics in construction, as well as the preservation of open space and the inclusion of many amenities.

Porch, Enclosed: A platform, projecting from the wall of a building with direct access to or from a building, which includes a roof or roof‐like structure and is enclosed by transparent or nontransparent materials on all sides of the porch structure extended from the building.

Porch, Open: A platform, projecting from the wall of a building and with direct access to or from a building which includes a roof or roof‐like structure covering the entire platform.

Principal Structure (Building): A structure that contains a principal use as contrasted to an accessory or incidental use of the property.

Principal Use: The main use of land or buildings as distinguished from subordinate or accessory uses. A “principal use” may be either permitted or special.

Protective Covenants: Contracts entered into between all owners and holders of mortgage constituting a restriction on the use of property within a subdivision for the benefit of the property owners, and providing mutual protection against undesirable aspects of property value and economic integrity of any given area.

Public Use: Uses owned or operated by municipal, school districts, county, state, or other governmental units.

Public Utility: Any person, firm, corporation, municipal department or board fully authorized and furnishing under municipal regulation to the public electricity, gas, steam, communication services, telegraph services, transportation, water or the like.

Publication: Notice placed in the official Village newspaper stating time, location and date of meeting and description of the topic.

Recreational Vehicle: A vehicular portable structure designed as a temporary dwelling for travel, recreation or vacation uses, and to be used without a permanent foundation. Travel trailer, tent‐trailer, pickup coach, motor home, converted buses, and camping trailer as defined by State Statutes are deemed synonymous with recreational vehicle.

Recreational Vehicle Park: A contiguous parcel of land which has been developed for the nonpermanent placement of recreational vehicles and/or tents; recreational vehicle parks may

not be operated in whole or in part for the lease or rent of such vehicles by the park owner or operator, nor can any such vehicle be inhabited for the purpose of a permanent year around dwelling.

Restaurant: An establishment wherein food is prepared and served in ready‐to‐eat form to the public for human consumption. “Restaurant’ includes cafe, cafeteria, grill, pizza parlor, diner, snack shop, hamburger shop and steak house. In the event a restaurant applies for the issuance of a liquor license pursuant to local and state laws, a restaurant shall be further defined to meet the requirements of applicable liquor ordinances. Permanent or temporary outdoor restaurant 25 seating is permitted, subject to the requirements of this ordinance and the Municipal Code. Off street parking for temporary or permanent outdoor seating areas shall be calculated based upon the parking requirements for the specific type of restaurant, as defined below. For purposes of this ordinance, the following types of restaurants are defined:

a) Carry‐out Restaurant: a restaurant that provides no table or seating or food bar although food is prepared and purchased on‐site and consumed off premise.

b) Drive‐in Restaurant a restaurant where food is served to patrons in parked motor vehicles. Food is consumed either on or off premises.

c) Drive‐through only a restaurant which does not provide any tables, seating or service areas on the zoning lot and provides retail food exclusively through the use of a drive through facility.

d) Sit down Restaurant: a restaurant which meals are prepared and served and consumed on premises.

e) Sit down/Carry‐out Restaurant: a restaurant that prepares food that may be consumed on or off premises.

f) Carry‐out/Sit down/Drive‐Through Restaurant is a sit down/carry‐out restaurant that also maintains drive through facilities for the purchase and consumption of food off premises.

Retail Sales: The sale or rental of commonly used goods and merchandise for personal or household use, but excludes those classified more specifically in this Section. Typical uses include establishments offering the following products or services: household cleaning and maintenance product for sale or rental to the general public; drugs, cards, stationery, notions, books, tobacco products, cosmetics, or specialty items; apparel, jewelry, fabrics, and like items; cameras or photography services: food and grocery stores; household electronic equipment, records, sporting equipment, kitchen utensils, small home appliances, art supplies and framing,

arts and antiques, paint, interior decorating services, or office supplies; and department stores, furniture stores, or establishments providing home furnishings and appliances, wallpaper, carpeting and floor‐covering, or automotive parts and accessories (excluding service and installation).

Right‐of‐way, Public: A strip of land dedicated to the public and occupied or intended to be occupied by a street, crosswalk, water main, sanitary or storm sewer main, or for another public use. The usage of the term “right‐of‐way” for land planning purposes shall mean every right‐of way established and shown on a final plat as to be separate and distinct from the lots or parcels adjoining such right‐of‐way, and not included within the dimensions or areas of such lots or parcels. Rights‐of‐way intended for streets, crosswalks, water mains, sanitary sewers, storm drains, or any other use involving maintenance by a public agency shall be dedicated to public use by the owner of the property subject to the plat on which such right‐of‐way is established.

Satellite Dish Antenna: Any antenna with an essentially solid or mesh surface, whether flat, concave or parabolic, designed for receiving television signals from orbiting satellites or other sources.

School, Commercial: An institution, which principally offers, specific courses of instruction in business, trade, industry or other trained skills, but does not offer academic instruction equivalent to the standards prescribed by the School Code of Illinois.

School, Private: An institution conducting regular academic instruction at kindergarten, elementary, junior high, or senior high school levels, operated by non‐governmental organizations, which programs are accepted by the State of Illinois in lieu of public instruction. This includes all privately‐owned schools licensed by the State, but not commercial schools.

School, Public: An institution conducting regular academic instruction at kindergarten, elementary, junior high or senior high school levels, that does not provide lodging for students and that offers general academic instruction equivalent to the standards prescribed by the School Code of Illinois.

Screening: Fencing, including masonry and solid wall fencing but not chain link, or evergreen vegetation maintained for the purpose of concealing from view the area behind it.

Self Storage Service Facility: A structure containing a number of small, separate storage areas of varying size leased or rented on an individual basis.

Senior Citizen: Any person 62 years of age or older.

Senior Citizen Housing: Any housing designed for and intended to be used exclusively for housing for persons 62 years of age or older or families of two or more persons related by blood, marriage or operation of law, one member of which is 62 years of age or older.

Setback: the minimum horizontal distance between a building and street or lot line. Distances are to be measured from the most outwardly extended portion of the structure at ground level.

Setback (Required Yard): The minimum distance permitted between a structure and the street lot line, rear lot line or side lot line as measured perpendicular therefrom (see Illustrations).

Setback Line: A line drawn parallel or concentric with the street lot line, rear lot line or side lot line on a zoning lot which depicts the minimum setback permitted by the district regulations in which the lot is located or established on a recorded final plat of subdivision (see Illustrations).

Setback, Transition: A setback that is subject to certain improvements for placement between potentially incompatible land uses. Transition setbacks are provided on a zoning lot in a office, business, or industrial district which adjoins a zoning lot in a residential district, or that setback in a multiple family zoning district which adjoins a one, two or three family zoning district (see Illustrations).

Shed: A detached accessory structure used for the storage of materials whose use is incidental and subordinate to that of the primary or dominant use of the principal building or structure.

Shopping Center: Shopping center shall mean a commercial development where there is located a building or buildings each with two (2) or more businesses sharing a common wall or walls in which there are appurtenant shared facilities such as a common entranceway, parking lot, pedestrian mall, etc.

Sign: Any object, device, display, or structure, or part thereof; illuminated or non‐illuminated: which is visible to the general public; and intended to advertise, identify, display, direct or attract attention to any person, place, product, business, service, institution, event, activity or location whatsoever; by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illuminations or projected images. For the purposes of these regulations “sign” shall also include all of its attendant structural elements. “Sign” shall not include any official court or public notices, national or state flags, emblems or insignia or a government, school or religious group.

Similar Use: A “similar use” is a property, use or service possessing physical and/or activity characteristics that resemble certain other uses.

Social Service Facility: Social service facilities include any private, non‐profit or government facility that perform activities strongly vested with public or social importance, including but not limited to administrative offices, clinics not offering inpatient care, counseling services, charitable and civic organizations, labor organizations, lodge halls, and fraternal organizations.

Special Use: See “Use. Special’.

Stoop: A small platform (frequently improved with steps) projecting from the wall of a building to permit direct pedestrian access to a building or structure.

Storage or Stored: The keening of items, equipment, vehicles, trailers or materials for a period of time longer than would be involved in the normal day‐to‐day use or consumption of the same.

Structural Alteration: Structural alterations include any change, other than incidental repairs, in the supporting members of a building such as bearing walls or partitions, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.

Structure, Permanent: A permanent structure is anything constructed or erected within the required location on the ground or is attached to something having location on the ground, including a fence or free‐standing wall.

Structure Temporary: See “Building, Temporary”.

Site Plan: A map drawn to scale depicting the development of a tract of land, including, but not limited to, the location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, and walkways, as related to a proposed development.

Slope: The degree of deviation of a surface from the horizontal, usually expressed in percent of degree.

Stacking Area (Magazine Space): That are which allows for a line of automobiles in such instances as drive‐up tellers and other vehicle service areas.

Street: A public right‐of‐way that affords a primary means of access to abutting property, excepting driveways to buildings.

Tavern or Lounge: A building or portion thereof where alcoholic liquors are sold for consumption on the premises but not including restaurants where the principal business is serving food.

Temporary (Seasonal) Use: A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.

Tent: A collapsible shelter of canvas or other material stretched and sustained by poles or other means and placed on the ground and used for a temporary outdoor camping shelter.

Terrace: A level, unenclosed landscaped and/or surfaced area located at or within four (4) feet of the finished grade which is adjacent or attached to a building.

Theater: A theater is any building or structure designed for the enactment of dramatic performances and/or showing of motion pictures. For the purposes of this Ordinance, a dinner theater shall be deemed a “banquet facility”, and amusement or entertainment theaters and drivein theaters are deemed separate and distinct uses.

Townhouse: See Dwelling, Single‐Family Attached

Trailer: A vehicle other than a mobile home or manufactured home, equipped with wheels towed behind a motor vehicle.

Use, Permitted: Any purpose or activity for which the land, buildings, and structures thereon’ arc designed, arranged, intended, maintained, or occupied, and is permitted in the zoning district in which such use occurs and complies with all requirements of this Ordinance.

Use, Principal: The main use of land or buildings as distinguished from a subordinate or accessory use.

Use, Special: A special use is a principal use, which because of its unique characteristics, is not classified as a permitted use in a particular district or districts, which may or may not be granted, subject to the terms of this Ordinance.

Variation: A variation is relief from specific requirements of this Ordinance with regard to the structure(s) on a lot, but not to the use of structures, where such variations will be in harmony with the general purpose and intent of this Ordinance and not contrary to the public interest, and where, due to conditions peculiar to the property and not the direct result of the actions of the owner, a literal enforcement of the Ordinance would result in practical difficulties or unnecessary hardship which may or may not be granted, subject to the terms of this Ordinance.

Veterinary Clinic: A facility rendering surgical and medical treatment to small animals deemed to be ordinary household pets, and which may have overnight accommodations for purposes of recovery or for boarding, but not including crematory facilities.

Visibility Triangle: An imaginary triangle formed by the intersection of any two (2) or more streets. The triangle on each leg” of each corner of a street intersection (there are two legs to each corner) is measured twenty (20) feet in one direction and one hundred and forty (140) feet distance in the other direction from the point of intersection along the right‐of‐ way/property lines formed by the street intersection: the third side, its hypotenuse. The triangle extends three (3) feet vertically from the crown of the street (see illustrations).

Wall: See “Fence

Warehouse: A structure or part thereof or area used principally to receive, store, and dispatch goods and merchandise.

Yard: An open space, on the same zoning lot with a use, building, or structure, that is unoccupied and unobstructed from its ground level to the sky (see Illustrations).

Yard, Internal: A yard meeting the definitions of both a side yard and street yard, or a side yard and rear yard (see Illustrations).

Yard Line: A yard line is a line parallel to the lot line at a distance from it as regulated by this Ordinance, over which no part of any building may extend.

Yard, Perimeter: A yard which must be provided on a zoning lot in a commercial district that abuts a zoning lot in a residential district, or must be provided on a zoning lot in an office/industrial district that abuts a zoning lot in either a residence or commercial district (see Illustrations).

Yard, Rear: A yard extending across the full width of the zoning lot and lying between the rear lot line and the horizontal planes of the principal building facing the rear lot line (see Illustrations).

Yard, Side: A yard extending between the street yard and rear yard and lying between the side lot line and the horizontal planes of the principal building facing the side lot line (see Illustrations).

Yard, Street: A yard extending across the full width of the zoning lot and lying between the street lot line and the horizontal planes of the principal building facing the street lot line (see Illustrations).

Zoning Administrator: A person appointed by the Village President. Subject to the advice and consent of the Board of Trustees, who is vested with certain defined administrative responsibilities regarding the implementation and enforcement of this Ordinance.

Zoning Map, Official: The official zoning map of the Village, as adopted by the corporate authorities and amended from time to time.

ARTICLE 3: ADMINISTRATIVE BODIES, PROCEDURES, RULES AND ENFORCEMENT

3.1 Purpose

The purpose of this Article is to set forth the administrative bodies, procedures, rules and requirements necessary to administer the provisions of this Ordinance.

3.2 President and Board of Trustees (Corporate Authorities)

3.2.1 Powers

Without limiting any authority granted to the President and Board of Trustees by statute or other ordinances of the Village, the President and Board of Trustees shall have the following powers and duties with respect to this Ordinance, to be carried out in accordance with the terms of this Ordinance:

a. To determine whether or not to adopt amendments to the text of the Ordinance after receiving recommendations from the Plan Commission;

b. To determine whether or not to adopt amendments to Zoning District Map after receiving recommendations from the Plan Commission;

c. To determine whether or not to adopt amendments to the Comprehensive Plan after receiving recommendations from the Plan Commission;

d. To determine whether or not to approve (with or without conditions) or deny requests for variation from the terms of this Ordinance after receiving recommendations from the Board of Appeals:

e. To determine whether or not to approve (with or without conditions) or deny applications for special uses, as identified and established in this Ordinance, after receiving recommendations from the Plan Commission; and

f. To determine whether or not to approve or deny any decision on appeal from the Board of Appeals;

g. To determine whether or not to approve or deny an application for site plan approval under this Ordinance;

h. To direct the Village Administrator, Zoning Administrator, Village Planner, Plan Commission, or Zoning Board of Appeals to conduct such studies, research or other activities as appropriate in the review and administration of this Ordinance.

3.3 Plan Commission

3.3.1 Powers

The Plan Commission shall have powers:

a. To prepare and recommend to the Board of Trustees an official Comprehensive Plan pursuant to law.

b. To recommend to the Board of Trustees changes in the official Comprehensive Plan.

c. To prepare and recommend to the Board of Trustees plans for specific improvements in pursuance of such official Comprehensive Plan.

d. To prepare and recommend a Zoning Ordinance for the Village, to hold public hearings relative to amendments to the Zoning Ordinance text and/or map.

e. To hear and make recommendations to the Board of Trustees on applications for special use requests, including planned unit developments.

f. To review and make recommendations to the Board of Trustees on applications for site plan approval.

g. To review and recommend as appropriate, amendments to the Ordinance and to exercise such other powers as may be provided by statute or ordinance.

3.4 Board of Appeals

3.4.1 Duties

It shall be the duty of the Board of Appeals to hear and decide any appeal from an order, decision or interpretation of the enforcing Administrator, or any matter referred to it or upon which it is required to pass under the provisions of the Zoning Ordinances or State Statutes.

3.5 Zoning Administrator

3.5.1 Duties

The Zoning Administrator and/or his or her designee shall have the following duties and responsibilities:

a. Receive applications as required and determine whether they are complete for processing under this Ordinance

b. Examine premises for which permit applications are pending or have been approved, and make necessary inspections to determine compliance with this Ordinance.

c. Make investigations and render written reports when requested by the President or Board of Trustees or as the interest of the community requires.

d. Issue notices or orders as may be necessary.

e. Make available to the public, written rules and procedures consistent with this Ordinance.

f. To approve or disapprove on an application for a zoning certificate for compliance with this Ordinance.

g. Keep permanent and comprehensive records of applications, permits, certificates, inspections, resorts, notices, orders, and other actions taken under the authority of this Ordinance.

h. Interpret the provisions of this Ordinance.

i. Enforce the provisions of this Ordinance.

j. To initiate the annual update and publication of the Official Zoning Map in accordance with state law.

k. k. To approve or disapprove on an application for a building permit for compliance with this Ordinance.

l. l. To approve or disapprove on an application for an occupancy certificate for compliance with this Ordinance.

3.6 Village Engineer

3.6.1 Duties

The Village Engineer and/or his or her designee shall have the following duties and responsibilities:

a. To review for compliance with civil engineering aspects of all development plans and proposals within the Village under this Ordinance and other applicable ordinances of the Village of Volo.

b. To determine as may be required whether development proposals shall be accompanied by a traffic impact analysis.

c. To advise and recommend to the Plan Commission, Zoning Board of Appeals, and Board of Trustees on civil engineering matters under this Ordinance, as required.

d. To undertake special studies or investigations as may be recommended by the Plan Commission to the Board of Trustees, and/or as directed by the Board of Trustees.

e. To enforce the provisions of this Ordinance as appropriate.

3.7 Village Attorney

3.7.1 Duties

The Village Attorney and/or his or her designee shall have the following duties and responsibilities:

a. To advise the Board of Trustees, Zoning Administrator, Plan Commission, or Zoning Board of Appeals as requested on any matters of law in the application or enforcement of this Ordinance.

b. To review for compliance under this Ordinance, actions to be taken by the Board of Trustees, as appropriate.

c. To diligently pursue prosecution of violators and violations brought under this Ordinance.

3.8 Required Permits, Certificates, and Approvals

3.8.1 Certificates of Occupancy

The owner of any property shall not allow any building or structure or portion thereof to be used or occupied for any purpose unless there has been issued for such building or structure a certificate of occupancy signed by the Zoning Administrator.

3.8.2 Application Requirements

An application for a certificate of occupancy shall be filed only by the owner of the lot on which the use is to be located, an agent of the owner specifically authorized by the owner to file such application, or any unit of government that is not the owner of the lot, but proposes to acquire the lot by purchase, gift, or eminent domain.

3.8.3 Action on the Application

Upon receiving an application for a certificate of occupancy the Zoning Administrator shall review the application to determine whether the proposed use complies with the requirements of this Ordinance. No certificate of occupancy shall be approved for a use that does not comply with the terms of this Ordinance. If the proposed use does comply with the terms of this Ordinance, then the Zoning Administrator shall issue the certificate of occupancy within fifteen (15) days of an application therefor.

3.8.4 Effect of Approval

The issuance of a certificate of occupancy allows the owner of the property and any subsequent owner, to establish and continue the use for which the certificate of occupancy is issued subject to compliance with all applicable ordinances of the Village.

3.8.5 Letter of Interpretation

a. A letter of interpretation serves as a clarification or interpretation of one or more standards or requirements of this Ordinance as it relates to a particular type of development on a particular property. Such interpretations include, but are not limited to:

1. A determination of whether a particular use, which is not clearly allowed in the zoning district, is substantially similar to uses allowed in the district and therefore should be allowed as such;

2. A determination of the definition of any term used in this Ordinance as it affects any development being proposed on the property. b. The Zoning Administrator shall issue a letter of interpretation in the following circumstances:

1. Where he or she makes a non‐ministerial decision interpreting or clarifying standards, requirements, or terms set forth in this Ordinance, as applied to a particular property or development proposal, which will or could lead to the issuance of a building permit or certificate of occupancy; and

2. Where he or she believes that a formal recording of such decision is appropriate. c. A letter of interpretation may also be requested by any person proposing development in the Village. Such a request shall set forth the facts and circumstances that are the basis for the request for an interpretation, including a description of the proposed development that the interpretation might accommodate. The person requesting a letter of interpretation shall discuss the request with the Zoning Administrator before the Administrator determines it appropriate or necessary to issue a letter of interpretation. d. No letter of interpretation shall itself authorize the establishment of a use or the carrying out of any development, but shall merely authorize the preparation, filing, or processing of applications for any permits or approvals that may be required by this Ordinance for that use or development. The interpretation or determination made by the Zoning Administrator

shall be effective with respect to application for approval of the proposed development only to the extent such an interpretation or determination is set forth in the letter of interpretation and only when it has received written approval from the Village Attorney. e. No letter of interpretation shall be valid for a period longer than one year from the date of issuance, unless final approval has been granted for the proposed development or use in accordance with this Ordinance. f. Any letter of interpretation issued by the Zoning Administrator shall specify the facts, reasons, analysis, and standards upon which the interpretation is based. No use interpretation shall authorize any use in a zoning district unless the Zoning Administrator determines that the use is substantially similar to a permitted use in that district. No interpretation shall have the effect of amending, abrogating, or waiving any standard or requirement established in this Ordinance.

3.9 Comprehensive Plan Amendments

3.9.1 Role of Comprehensive Plan in Administration of the Ordinance

The Comprehensive Plan of the Village of Volo shall serve as the basic policy guide for the administration of this Ordinance. The Comprehensive Plan serves as the statement of goals and policies to guide new development and redevelopment in the Village. It is therefore the intent of the Village to administer this Ordinance in accordance with the Comprehensive Plan. The goals and policies of the Comprehensive Plan may be amended to meet the changing requirements of the Village. This Section therefore establishes the procedures for amending the Comprehensive Plan.

3.9.2 Initiation of Amendments

An amendment to the Comprehensive Plan may be initiated only by the Plan Commission, the President and Board of Trustees, or the owner of property proposing development of such property under this Ordinance.

3.9.3 Filing of Applications

a. Where an amendment to the Comprehensive Plan is proposed by someone other than the Plan Commission or President and Board of Trustees, an application requesting the amendment shall be filed with the Zoning Administrator. A written statement shall accompany the application from the applicant stating the basis for the request.

b. Within thirty (30) days after submission of the application, the Zoning Administrator shall schedule the application for a public hearing before the Plan Commission. The Zoning Administrator shall forward copies of the application and all supporting materials to the Plan Commission in advance of the public hearing.

3.9.4 Staff Review

Upon receiving an application requesting an amendment, or upon an instruction from the President and Board of Trustees or Plan Commission that it will consider a proposed amendment, the Zoning Administrator shall review the proposed amendment to evaluate its effect on the integrity of the Comprehensive Plan and this Ordinance. The Zoning Administrator shall deliver copies of the proposed amendment to appropriate government agencies for review and comment when necessary. Prior to the scheduled public hearing. the Zoning Administrator shall deliver to the Plan Commission a written report summarizing the comments of the Village staff and other departments or agencies.

3.9.5 Action by the Plan Commission

a. The Plan Commission shall hold at least one (1) public hearing on the proposed amendment. b. Notice of such hearing shall be published in conformance with Section 3.11.2 of this Ordinance. c. In considering the amendment, the Plan Commission shall review the proposed amendment; the standards set forth in Section 3.9.6; the report of the Zoning Administrator; and any oral and written comments received by the Plan Commission before or at the public hearing or otherwise made part of the record of the Plan Commission on the application. Based on this information, the Plan Commission shall submit, within thirty (30) days its written findings of fact and make a recommendation to the President and Board of Trustees on whether or not the proposed amendment should be adopted.

3.9.6 Standards for Reviewing Proposed Amendments

In deciding whether to recommend adoption of a proposed amendment to the Comprehensive Plan, the Plan Commission shall consider whether the amendment is necessary based on one or more of the following factors:

a. There has been a change in projections or assumptions (such as demographic trends or the availability of public facilities) from those on which the Comprehensive Plan is based; or

b. The data used as the basis for formulating the Comprehensive Plan are in error or out of date; or

c. New issues or needs have presented themselves to the Village that are not adequately addressed in the Comprehensive Plan; and

d. The amendment will not adversely affect the character of the area in which the proposed development is to be located.

3.9.7 Action by the President and Board of Trustees

Upon receiving the report of the Zoning Administrator and the findings and recommendation of the Plan Commission, without further public hearing the President and Board of Trustees may adopt the proposed amendment by ordinance, may reject the proposed amendment, or may refer the matter back to the Plan Commission for further consideration.

3.9.8 Effect of Denial

No application for an amendment shall be accepted by the Village that is proposed by someone other than the President and Board of Trustees or Plan Commission, and which is identical or substantially similar to a proposed amendment for the same parcel or parcels of land which have been rejected by the President and Board of Trustees within the previous one (1) year.

3.9.9 Typographical or Drafting Errors

Notwithstanding any other provisions set forth above, amendments to correct typographical or drafting errors in the Comprehensive Plan may be adopted by the President and Board of Trustees at a regular meeting without the posting or personal delivery of prior notice and without a public hearing.

3.10 Amendments, Special Use Permits, Variations, and Appeals

3.10.1 Amendments

a. Authority The Board of Trustees has the authority to enact amendments to the text or map of the Zoning Ordinance in accordance with the provisions of this Section. b. Purpose

The purpose of an amendment is to reclassify land or to change the text of this Ordinance. c. Initiation 1. Text Amendments Text amendments may be initiated by the Board of Trustees, Plan Commission, or any person owning property in the Village.

2. Map Amendments A map amendment may be initiated by the Board of Trustees, Plan Commission or the owner of the property for which an amendment is sought. d. Procedure for Initiation ‐ Application and Notice ‐ See Section 3.11 e. Procedure for Decision ‐ Plan Commission and Board of Trustees Action

1. Public Hearing The Plan Commission shall hold a public hearing on a proposed amendment. At the hearing, all interested parties shall have an opportunity to be heard.

2. Plan Commission Recommendation Any time after the close of the public hearing, the Plan Commission may vote to recommend approval or denial by a simple majority of those Plan Commissioners present and voting. If the Plan Commission fails to vote within sixty (60) days after the close of the public hearing, unless the time is mutually extended by the applicant and Plan Commission, the Plan Commission shall be deemed to have recommended denial.

3. Board of Trustees Action The Board of Trustees shall approve or disapprove the requested amendment.

4. Protest Provision A written protest against any amendment may be filed with the Village Clerk in accordance with state law. f. Written Findings of Fact The Plan Commission shall submit findings of fact to the Board of Trustees along with its recommendation. Where the purpose and effect of the proposed amendment is to change the zoning classification of particular property, the Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:

1. Existing uses of property within the general area of the property in question:

2. The zoning classification of property within the general area of the property in question:

3. The suitability of the property in question to the uses permitted under the existing zoning classification as well as the proposed zoning classification; and

4. The current Comprehensive Plan for the Village of Volo.

3.10.2 Special Use Permits a. Authority The Board of Trustees has the authority to grant special use permits in accordance with the provisions of this Ordinance. b. Purpose The purpose for special use permits is to require the special uses specified in this Ordinance to satisfy specified standards set forth in this Ordinance to minimize or eliminate the potentially harmful characteristics or off‐site impacts of such uses on uses that are permitted in the zoning district. c. Initiation The owner of the property for which a special use permit is sought may initiate a request for a special use permit.

1. Procedure for Initiation ‐ Application and Notice ‐ See Section 3.11

2. Procedure for Decision ‐ Plan Commission and Board of Trustees Action

3. Public Hearing The Plan Commission shall hold a public hearing on an application for a special use permit. At the hearing, all interested parties shall have an opportunity to be heard.

4. Plan Commission Recommendation At any time alter the close of the public hearing, the Plan Commission may vote to recommend approval or denial and the imposition of conditions on the special use by a simple majority of those Plan Commissioners present and voting. If the Plan Commission fails to vote within sixty (60) days after the close of the public hearing, the Plan Commission shall be deemed to have recommended disapproval.

5. Board of Trustees Action The Board of Trustees shall grant or deny the requested special use permit.

d. Standards for Special Uses The applicant must present evidence at the public hearing on the application for a special use permit which demonstrates compliance with each of the following standards:

1. The proposed use at the specified location is consistent with the Comprehensive Plan.

2. The proposed building or use will not diminish the value of adjacent and nearby properties.

3. The proposed use at the specified location will not substantially or unduly increase traffic, traffic congestion and on‐street parking demand in the immediate vicinity of the proposed use and in the area affected by traffic generated by the proposed use.

4. The proposed use has been designed to provide for adequate ingress and egress to minimize potential vehicle conflicts and congestion in public streets.

5. The proposed building or use will not adversely affect or change the character of the area which is located.

6. The proposed use at the specified location will not adversely affect the use and development of adjacent and nearby properties in accordance with the regulations of the district in which they are located. The location, size and height of proposed buildings and other structures, and the operation of the use will not adversely affect the use and development or hinder the appropriate development of adjacent and nearby properties.

7. Adequate utility, drainage, parking and other necessary facilities to service the proposed use will be provided and that such utility, drainage, parking and other necessary facilities will not adversely affect the use, development and value of adjacent and nearby properties.

8. The proposed building, other structures and use comply with any and all regulations, conditions or requirements of the Village of Volo applicable to such building, structure or use.

9. That the exterior architectural appeal and function of any proposed structure will not be so at variance with either the exterior architectural appeal and functional plan of the structures already constructed or in the course of construction in the immediate neighborhood or the character of the applicable district to cause a substantial depreciation in property values in the neighborhood

e. Written Findings of Fact The Plan Commission in its recommendations with regard to an application for a special use shall set forth specific written findings of fact on each standard f. Conditions on Special Uses The Plan Commission may recommend and the Board of Trustees may impose conditions in authorizing a special use to make such special use more compatible with the use, enjoyment and development of adjacent and nearby properties and to eliminate any adverse effect on adjacent and nearby properties and the neighborhood. Any such conditions shall be set forth in the ordinance approving the special use.

g. Lapse of Authorization for Special Uses Unless the Board of Trustees provides otherwise by ordinance or unless the Board of Trustees has extended the term of the special use permit by ordinance at the request of the applicant, authorization for a special use shall automatically lapse if: 1) the special use ceases to operate for a continuous six (6) month period; or 2) one (1) year after the date of the passage of the ordinance approving the special use unless a building permit has been issued and construction has commenced.

3.10.3 Variations a. Authority The Board of Trustees is authorized to grant or deny requested variations in accordance with the provisions of this Ordinance. b. Purpose The purpose for variations is to relieve a particular hardship or practical difficulty that the regulations of this Ordinance impose upon a particular parcel of land which make compliance with the regulations generally applicable in a zoning district difficult or impossible. c. Types of Variations Prohibited and Authorized Use variations are prohibited. Subject to the applicable provisions of this Section, variations from other regulations generally applicable in a zoning district are as follows:

1. To permit any setback less than that required by the applicable regulations;

2. To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot be less than eighty percent (80%) of the required area and width;

3. To increase by not more than ten percent (10%) the maximum gross floor area of any use so limited by the applicable regulations;

4. To reduce the applicable off‐street parking or loading facilities required by not more than twenty percent (20%);

5. To increase the maximum height requirement of any district;

6. To increase the maximum allowable height of any fence;

7. To vary the requirements of Article 9,0ff‐Street Parking and Loading;

8. To increase the maximum lot coverage ratio; and

9. To permit the use of a yard otherwise prohibited by this Ordinance.

10. To vary the requirements of Article 7: Landscaping, Buffering and Screening regarding the location, type, or number of new trees and other plants or landscaping coverage requirements;

11. To increase the maximum illuminance levels for exterior lighting in parking, vehicle, and pedestrian areas;

12. To vary the requirements of Article 11: Sign Regulations regarding the size, height, location, number, or type of allowable signs; and

13. To vary the minimum or maximum width of any driveway when such variation will enhance public safety and convenience. d. Initiation The owner of the property for which a variation is sought may initiate a request for a variation

1. Procedure for Initiation ‐ Application and Notice ‐ See Section 3.11

2. Procedure for Decision

3. Hearing

The Zoning Board of Appeals shall hold a public hearing on the application for a variation. At the public hearing, all interested parties shall have an opportunity to be heard.

4. Zoning Board of Appeals Action At any time after the close of the public hearing the Zoning Board of Appeals may vote to recommend approval or denial of the requested variation by a majority vote of the Zoning Board of Appeals. If the Zoning Board of Appeals fails to vote within sixty (60) days after the close of the public hearing, the Zoning Board of Appeals shall be deemed to have recommended disapproval. e. Standards for Variations The Zoning Board of Appeals may only recommend approval of a variation if the applicant presents evidence at the public hearing establishing compliance with each of the following standards.

1. Reasonable Return The property in question cannot yield a reasonable return if it is permitted to be used only under the regulations of district in which it is located.

2. Unique Hardship or Practical Difficulty The shape, topography, or other conditions of the land is such that it is extremely difficult to comply with the regulations generally applicable to the property.

3. Character of the Area The applicant must show that the variation requested will not be materially detrimental to the public welfare or materially injurious to the enjoyment. use or development of property or improvements permitted in the vicinity; will not materially impair an adequate supply of light and air to properties and improvements in the vicinity: will not substantially increase congestion in the public streets due to traffic or parking or increase the danger of flood or fire; will not unduly tax public utilities and facilities in the area; or will not endanger the public health, safety or welfare.

4. Minimum Variation Any variation considered by the Zoning Board of Appeals shall be considered the minimum variation necessary for the reasonable use of the land. f. Written Findings of Fact The Zoning Board of Appeals in its recommendation with regard to an application for a variation shall set forth specific written findings of fact.

g. Conditions of Variations The Zoning Board of Appeals may impose conditions in approving a variation to eliminate any adverse effects on adjacent and nearby properties or a neighborhood.

3.10.4 Appeals from Administrative Decisions

a. Authority The Board of Appeals is hereby authorized to hear and decide appeals from any order, requirement, decision or determination by any Administrator, department or office responsible for the administration of this Ordinance.

b. Purpose The purpose of an appeal is to provide any person aggrieved by an administrative order, requirement, decision, or determination under this Ordinance to have such matter reviewed by the Zoning Board of Appeals.

c. Initiation Any person aggrieved by an order, requirement, decision or determination by any Administrator, department or office responsible for the administration of this Ordinance may file a notice of appeal which shall include the name and address of the person. Administrator, department or office making the decision being appealed, the date of the decision, the decision being appealed and a statement with supporting facts indicating the manner in which the person filing the notice of appeal is aggrieved.

An appeal must be initiated within sixty (60) days of the date of the administrative decision, by filing with the Board of Appeals a notice of Appeal, specifying the grounds thereof. Prior to preparing notice to the owner for hearing, the Village Administrator shall verify the appeal was submitted within the sixty (60) day period.

d. Stay of Proceedings An appeal stays all further proceedings of the action so appealed, unless the Administrator from whom the appeal is taken certifies to the Board of Appeals, after notice of appeal has been filed with him or her, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or Circuit Court on application and notice to the Administrator from whom appeal is taken, and on due cause shown.

e. Procedure for Decision ‐ Zoning Board of Appeals Action

1. Zoning Board of Appeals ‐ Information Gathering

Upon the filling of a notice of appeal, the person whose decision is being appealed shall forward any and all documents relating or pertaining to the subject matter of the appeal to the Chairman of the Zoning Board of Appeals.

2. Hearing and Decision The Zoning Board of Appeals shall hold a hearing on the appeal and shall make a decision on said appeal. In its decision, the Zoning Board of Appeals may affirm, reverse or modify the decision being appealed and in so doing, shall have all the power and authority of the Administrator or department whose decision is being appealed. The decision shall be set forth the reasons for said decision.

3. Written Notice of Decision A copy of the decision of the Zoning Board of Appeals shall be mailed to the person who filed the notice of appeal, and, if different, also to the owner of the property.

f. Recording of Appeals Granted in Favor of Owner Prior to the issuance of any building permit, certificate of occupancy or any related development or construction approval, the owner, or his agent, shall record in the Office of the Lake County Recorder of Deeds a copy of the Zoning Board of Appeals Decision Notice, as provided by the Zoning Administrator. Reasonable evidence of recordation shall be provided to the Zoning Administrator.

3.11 Procedure for Application for any Amendment, Special Use Permit or Variation

3.11.1 Application

a. The Board of Trustees may propose amendments by forwarding its written proposal, which shall set forth the proposed amendment, to the Village Administrator for processing in accordance with the procedure set forth in this Ordinance. b. The Plan Commission may make written proposals for amendments, which shall set forth the purpose and reason for such proposed amendment, and which shall be processed in accordance with the procedure set forth in this Ordinance c. The owner, contract purchaser, or others having an economic interest, for which a map

amendment, special use permit or variation is sought shall file an application with the Village Administrator. The application shall be accompanied by a nonrefundable fee established from time to time by the Board of Trustees and shall contain the following information: d. Each application shall include twenty (20) copies of all full sized documents and drawings. For all graphic and plan drawings, a scale of not less than one inch equals one hundred feet (1’ = 100) shall be used. In no event shall individual sheets or drawings exceed thirty (30) inches by forty‐two (42) inches. In addition, one set of reduced copies sized at eleven inches (11) by seventeen inches (17) shall be submitted. All sets of drawings submitted shall be folded. The submission may be composed of one (1) or more sheets and shall include:

1. Name, address and telephone number of the owner. If property ownership is in trust, the name and address of each person or entity owning an interest in the applicant or owner and the extent of such ownership interest unless any of such entities is a corporation or a partnership, in which case only those persons owning an interest in excess of ten percent (10%) in such corporation or partnership need be identified by name, address and extent of interest.

2. Name, address and telephone number of the applicant including the name and address of each person or entity owning an interest in the applicant or owner and the extent of such ownership interest unless any of such entities is a corporation or a partnership. in which case only those persons owning an interest in excess often percent (10%) in such corporation or partnership need be identified by name. address and extent of interest. For purposes of this section, the term ownership interest shall include any legal or equitable interest held at the time of the application in the real property which is the subject of the application. The application shall include the signature of the owner.

3. A plat of survey and legal description of each parcel of property subject to the petition.

4. A vicinity map showing the subject property and all parcels of property located within a two hundred fifty (250) foot radius of the subject property excluding public streets and rights‐of‐way.

5. An affidavit in which the applicant: 1) lists the names and addresses of the record owners of each parcel of property located within two hundred fifty (250) feet of the subject property excluding public streets and rights‐of‐way; and 2) states under oath that the list is true and correct to the best of the applicant’s knowledge and belief.

6. Present zoning classification and use of each parcel of property for which a map amendment, special use permit or variation is requested.

7. A site plan depicting proposed improvements, if required by Article 6 of this Ordinance.

8. Other information, plans and studies which may be required by the Village Administrator which may include, but are not limited to, the following:

i. A traffic study

ii. A market analysis of the need and demand for the proposed use and the impact of the proposed use on the value of adjoining and nearby properties

iii. A fiscal impact analysis

iv. A plan for the proposed development

v. Drainage study

9. In addition to the foregoing, specific information for map amendments, text amendments, special uses, or variations, as applicable, shall be provided as follows:

i. For Map Amendments

(1) The proposed zoning classification requested for each parcel of property that is the subject of the application and the proposed use of each and all such parcel. (2) A statement indicating whether the proposed map amendment is consistent with the Comprehensive Plan and, if not, a statement indicating why the proposed deviation from the Comprehensive Plan is appropriate.

ii. For Text Amendments Any text amendment shall require an application to be filed with the Village Administrator, which application shall be accompanied by the proposed text.

iii. For Special Use Permits A description of the proposed use and a statement of how the application meets each of the criteria described in Section 3.l0.2.f, Standards for Special Uses.

iv. For Variations A statement with supporting facts of the hardship or practical difficulties which form the basis for the variation and which demonstrate compliance with each of the standards for variations listed in Section 3.1 0.3.g.

3.11.2 Notice Requirements

After a completed application has been filed for a map or text amendment, special use permit or variation and accepted as complete to form and substance, the Village Administrator shall schedule a date for a public hearing thereon before the Plan Commission, in the case of an amendment, or special use permit. or before the Zoning Board of Appeals in the case of a variation and shall cause notice thereof no less than fifteen (15) nor more than thirty (30) days prior thereto to be published in the newspaper of general circulation. For a map amendment, special use permit or variation application, notices shall be mailed by regular mail to the owner and owners of property located within two hundred fifty (250) feet of the property as listed on the affidavit filed as a part of the application. If the applicant is the Board of Trustees or Plan Commission, the Department shall determine the names and addresses of the record owners of property within a two hundred fifty (250) foot distance of the property to be rezoned. Properties that are the subject of a zoning petition requiring a public hearing before the Plan Commission or Zoning Board of Appeals shall be posted with a sign or signs in accordance with requirements adopted by the Village Board of Trustees.

A. The size and wording of such signs shall be in a form substantially similar to the depiction set forth on Exhibit A attached hereto and made a part hereof;

B. Signs shall be posted by the Village not more than 30 days nor less than 15 days prior to the public hearing date;

C. One sign shall be posted along each improved public street frontage abutting the subject property;

D. Street frontages exceeding one‐quarter mile in length may be posted with additional signs at the discretion of the Village; and

E. Lots of 30,000 square feet or less zoned and proposed for single‐family use and situated at an intersection of two Village owned public streets may meet the requirements of this section by posting one sign at the street intersection.

3.12 Similar and Compatible Uses

It is inevitable that certain forthright and justifiable uses of land will be missing from district listings of uses. An applicant for an unlisted use shall have the right to apply for said use as a special use in any zoning district where said use is thought to be justified. The procedure and standards for special uses shall be adhered to requiring a public hearing by the Plan Commission pertaining to said special use application. The Plan Commission shall recommend to the Board of Trustees who shall thereupon determine if there is legitimate cause to believe

that the proposed use might be compatible with other uses listed in the zoning district (this responsibility differs from the Plan Commissions’ in that among said Commissions’ duties is to evaluate if the proposed special use is compatible with adjoining properties and land uses, regardless of zoning classification). In making said determination, the following conditions shall be considered:

a. The potential of said use being consistent, compatible, and homogeneous with uses listed as permitted uses in the requested zoning district.

b. In what other zoning classifications, if any, the requested use is listed as a permitted or special use, and if said use, if listed in other districts, might be better processed in another district.

c. The extent to which the proposed use complies with the “Description of District” of the particular zoning classification.

d. The potential that the proposed use has of complementing or disturbing the rationale and integrity of the requested zoning classification.

If the Board of Trustees, acting upon the recommendation of the Plan Commission, determines that the requested use can legitimately be processed as a special use in the requested district, the Plan Commission’s findings shall be considered for action by the Village Board. If the Plan Commission has not held its hearing, the Plan Commission shall be advised of the Village Board’s actions and hold its hearing. If the Village Board determines that no probable cause exists to believe that the proposed use can comply with requirements of the requested zoning district nor can it be compatible and consistent with other uses listed in the district, then the applicant shall be advised that the requested use is prohibited in the requested zoning district, and consideration of a special use for said use shall not be allowed; if the Plan Commission has not held its hearing, then no Plan Commission hearing shall be held.

The Plan Commission, upon consideration and decision pertaining to an allegedly “similar and compatible use” shall recommend to the Board of Trustees for adoption, that said use be cataloged in the specific district as a special use if so authorized by the Plan Commission, or shall de listed in the files of the Zoning Administrator as prohibited in said district. This procedure shall obviate the need for duplicated study of a specific use in a specific district. Upon special use approval of a “similar and compatible use,” said use shall abide by the zoning requirements of the applicable zoning district, or shall abide by more restrictive zoning requirements as may be imposed by the Village.

3.13 Planned Unit Development

3.13.1 Purpose

The purpose of Planned Unit Development regulations is to encourage and allow more creative and imaginative design of land developments than is possible under district zoning regulations. Planned Unit Developments are intended to allow substantial flexibility in planning and designing a proposal. This flexibility often accrues in the form of relief from compliance with conventional zoning ordinance site and design requirements. Ideally, this flexibility results in a development that is better planned, that contains more amenities, and ultimately a development that is more desirable to live in than one produced in accordance with typical zoning ordinance and subdivision controls. An intrinsic, and often neglected, premise upon which the approval of a Planned Unit Development (PUT)) must be conditioned is that while greater density or more lenient sitting requirements may be granted. The Planned Unit Development should contain features not normally required of traditional developments. Inherent to realizing these objectives is continuous and in‐depth scrutiny of the proposed Planned Unit Development by the Village in order to ensure that the “concept” of Planned Unit Development is being adhered to. Hence, to enable thorough analysis of a Planned Unit Development, more information is demanded about the proposal than would be required if development were being pursued under conventional zoning requirements.

3.13.2 Objectives

Through proper planning and design, each Planned Unit Development should include features which further, and are in compliance with, the following objectives:

a. To allow for the design of developments that are architecturally and environmentally innovative, and that achieve better utilization of land than is possible through strict application of standard zoning and subdivision controls.

b. To encourage land development that, to the greatest extent possible, preserves natural vegetation, respects natural topographic and geologic conditions, and refrains from adversely affecting flooding, soil, drainage, and other natural ecological conditions.

c. To combine and coordinate architectural styles, building forms, and structural/visual relationships within an environment that allows mixing of different land uses in an innovative and functionally efficient manner.

d. To provide for abundant, accessible, and properly located public open and recreation space, private open and recreation space, schools, and other public and private facilities.

e. To promote the efficient use of land resulting in networks of utilities, streets, and other infrastructure features that maximize the allocation of fiscal and natural resources.

f. To enable land developments to be completely compatible and congruous with adjacent and nearby land developments.

g. To ensure that development occurs at proper locations, away from environmentally sensitive areas, and on land physically suited to construction.

h. To allow unique and unusual land uses to be planned for and located in a manner that ensures harmony with the surrounding community.

i. To create a method for the permanent preservation of historic buildings and/or landmarks.

3.13.3 Standards for Planned Unit Developments

The Planned Unit Development must meet the following standards:

a. Comprehensive Plan A Planned Unit Development must conform with the objectives of the Comprehensive Plan of Volo.

b. Ownership The site of the Planned Unit Development must be under single ownership and/or unified control.

c. Compatibility The uses permitted in a Planned Unit Development must be of a type and so located as to exercise no undue detrimental influence upon surrounding properties. In addition the Planned Unit Development shall not endanger the public health, welfare, or safety, nor shall it substantially diminish or impair property values in the neighborhood in which it is to be located.

d. Need The Planned Unit Development must be of a character and contain such uses that are needed in the area of the proposed project.

e. Density The gross density of a Planned Unit Development (either in dwelling units‐for residential

uses, or in floor area‐for all other uses) shall generally correspond to the gross density regulations imposed by the underlying zoning district. It is required that a zoning amendment request accompany the Planned Unit Development application if the gross density of the proposed development substantially exceeds the gross density permitted in the underlying zoning district.

f. Yards The required yards along the periphery of the Planned Unit Development shall be at least equal in width or depth to that of the adjacent zoning district.

g. Parking Requirements Adequate parking shall be provided and shall be in general conformance with the parking regulations provided for in Article 9 of this Ordinance unless changes are warranted by the particular characteristics of the proposed Planned Unit Development.

h. Traffic Adequate provision shall be made to provide ingress and egress so designed as to minimize both internal and external traffic hazards and congestion.

i. Departure from Standards The Planned Unit Development may depart from strict conformance with the required density. dimension, area, height, bulk, use, and specific content regulations of this Ordinance to the extent specified in the preliminary plat and documents authorizing the Planned Unit Development if the same provides tangible benefits to the neighborhood or community in which it is located. These benefits shall be in the form of provision of exceptional amenities, design excellence, etc. The waiver of any requirement shall be the direct cause of accrual of positive benefits to the residents of the development as well as to the general community (e.g.. waiver of yard requirements might result in more usable open space). Departure from any requirement specified in this Ordinance or other Village ordinances and regulations is a privilege, and shall be granted only upon recommendation of the Plan Commission and approval by the Board of Trustees.

3.13.4 Procedure for Planned Unit Developments

The unique character of Planned Unit Developments requires their administrative processing as a “special use” in this Ordinance. Planned Unit Developments may be processed as “special uses” in each district of this Ordinance. Planned Unit Developments are more complex and of a significantly different character than other special uses, therefore requiring the establishment herein of specific procedures different than those used to process other special uses. The

procedure, standards, objectives and purpose set forth in this Ordinance, as may pertain to Planned Unit Development, and only Planned Unit Developments, shall be superseding.

A three‐step procedure is prescribed for Planned Unit Developments. a. Pre‐Application Procedure

1. Intent ‐ The intent of the Pre‐Application Process is to obtain a general awareness of the Village’s adopted planning rationale, the compatibility of the proposed Planned Unit Development with existing and anticipated land uses in the vicinity, and a familiarity with the Village’s Planned Unit Development procedures. This procedure allows the developer to determine the suitability of a proposed Planned Unit Development without proceeding further in the Planned Unit Development application process. This procedure involves no formal commitment on the part of either the Village or the developer concerning the approval or construction of the proposed Planned Unit Development.

2. Pre‐Application Conference ‐ Prior to the filing of an application for approval of a Planned Unit Development, the prospective applicant may request of the Plan Commission one (1) informal meeting to discuss the development of the proposed Planned Unit Development site in conjunction with the Village’s adopted planning rationale and its compatibility with existing and anticipated land uses in the vicinity. Said meeting may be a part of a regularly scheduled meeting. shall be open to the public, and included on their agenda in advance of the meeting.

3. The Pre‐Application conference is not mandatory nor does it require formal application fee, or filing of a Planned Unit Development Plat. However, the expenses incurred by the Village as a result of any additional conferences in excess of the one (1) entitled conference with the Plan Commission to discuss the development of the proposed Planned Unit Development site, within a period of one (1) year from the date of the initial Plan Commission conference on the said proposed Planned Unit Development site, shall be paid for by the prospective applicant.

4. Pre‐Application Document Review ‐ Prior to the filing of an application for approval of a Planned Unit Development, either before, after, or in lieu of the Pre‐Application Conference, all prospective applicants shall review copies of the Volo Comprehensive Plan, the Zoning Map, and the Planned Unit Development Sections of this Ordinance, which are available for inspection at the Village Hall. The Plan shall be evaluated by the petitioner in order to determine the consistency of the proposal with the Village’s adopted planning rationale. The Zoning Map shall be reviewed to ascertain whether or

not the proposal is likely to be compatible with existing and anticipated land uses in the vicinity of the proposal. The Planned Unit Development sections of the Ordinance shall be reviewed to insure familiarity with the Village’s Planned Unit Development procedures. b. Preliminary Plat Procedure

1. Intent ‐ It is the intent of the Preliminary Plat submission to obtain approval from the Village for the plans. design, and program that the petitioner contemplates compliance with. If the Preliminary Plat is approved, the petitioner can proceed to the Final Plat stage with reasonable assurance that the Final Plat will be approved if substantially in compliance with the Preliminary Plat. Any parcel of property may be eligible for consideration as a Planned Unit Development using the Preliminary Plat procedure. However, each petitioner for Preliminary Plat approval should be aware that the objectives and standards for Planned Unit Developments, as expressed in this Section. must be clearly integrated into the Planned Unit Development submission. Failure to do so will result in disapproval.

2. Procedure . A request for approval of a Preliminary Plat, as a step in the Planned Unit Development process, shall be submitted to Zoning Administrator, who shall refer same to the Plan Commission for public hearing, review, and recommendation. The required procedure for review of the Preliminary Plat shall be:

i. Submission of the items required of a petition for a Preliminary Plat as identified in Section 3.13.5.a “Submission Requirements”. ii. The Plan Commission shall hold a public hearing on the application for a Planned Unit Development Preliminary Plat in accord with the procedures established for special uses in this Ordinance. iii. Following the public hearing and review of the Preliminary Plat submission, the Plan Commission shall within thirty (30) days, unless an extension is requested by the petitioner, recommend approval, modification, or disapproval of the Preliminary Plat, and the reasons therefore, or indicate why a report and recommendation cannot be rendered to the Board of Trustees. In its communication to the Board of Trustees, the Plan Commission shall set forth “findings of fact,” in accordance with Section 3.13.8, on which the recommendation is based and describing how the Preliminary Plat meets the standards and objectives stated in this Section.

iv. The Board of Trustees, after receipt of the Preliminary Plat from the Plan Commission, shall approve, modify, or disapprove the Plat within sixty (60) days, unless an extension is requested by the petitioner. In the case of approval, or approval with modification, the Board of Trustees shall authorize the Zoning

Administrator to sign the Preliminary Plat. If the Preliminary Plat is the first submission made as part of the Planned Unit Development procedure, the Board of Trustees shall pass an ordinance for a change in the Official Zoning Map indicating that the subject site is approved for a Planned Unit Development and further allowing for any approved zoning amendments, variations, and/or special uses. The petitioner must submit subsequent Final Plat data in accordance with the schedule set forth in Section 3.13.7. If same is not done, all map changes authorized by the Board of Trustees revert back to the zoning designation affixed to the subject property in accordance with the same Section 3.13.7. The Board of Trustees may require such special conditions as it may deem necessary to ensure conformance with the objectives and standards established in this Section. It is emphasized that no building or construction, excluding public improvements, may take place within the proposed Planned Unit Development, and no permits may be issued until the Final Plat and accompanying data has been submitted. Approved, and recorded. Several projects or stages may compose the overall Planned Unit Development. If this is the case, the Final Plat may be submitted and approved in several stages in accordance with the agreed to development schedule processed with Preliminary Flat data. Permits shall be issued pursuant to the processing, approval, and recording of each separate stage of the overall Final plat.

The Preliminary and Final Plats may be filed and approved simultaneously. c. Final Plat Procedure

1. Intent ‐ The purpose of the Final Plat is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so subdivided, into common space and building sites. The Final Plat is intended as a document to be recorded. The Final Plat shows the exact location of facilities, while the Preliminary Plat shows the general location of the same facilities.

2. Procedure ‐ The Final Plat shall be submitted as a Planned Unit Development Plat and shall conform substantially to the Preliminary Pint as approved and, if desired by the petitioner, may be submitted in stages with each stage reflecting the approved Preliminary Plat; provided however, that each stage submitted conforms to all requirements of these regulations. The required procedure for approval of a Final Plat shall be:

i. Submission of the items required of a Final Plat petitioner as identified under Section 3.l3.5.b. “Submission Requirements”. Said submission shall be made to the Office of the Zoning Administrator for certification that the Final Plat is in

conformance with Planned Unit Development Regulations and in agreement with the approved Preliminary Plat.

ii. The Plan Commission shall review the Final Plat data within thirty (30) days after submission. A public hearing is not required. After review of the Final Plat the Plan Commission shall, within thirty (30) days, unless an extension is requested by the petitioner, recommend approval or disapproval, and the reasons therefore to the Board of Trustees.

iii. The Board of Trustees, after receipt of the Final Plat from the Plan Commission, shall approve, or disapprove the Final Plat within a period of sixty (60) days, unless an extension is requested by the petitioner. In case of approval, the Board of Trustees shall authorize the Zoning Administrator to sign the Final Plat. Permits are issued only after the Final Planned Unit Development Plat and required supporting data have been recorded with the County Recorder of Deeds, and shall be issued in full conformance with the Planned Unit Development. Proof of the recording of the Final Plat shall be provided to the Zoning Administrator. The construction authorized by the Building Permit shall be in full conformance with the Final Planned Unit Development Plat, as recorded.

3.13.5 Submission Requirements

a. Preliminary Plat Stage At the time application is made for Preliminary Plat approval, the following items must be submitted to the Zoning Administrator.

1. Application ‐ A written application for a Planned Unit Development on forms supplied by the Office of the Zoning Administrator.

2. Fee ‐ A fee, established by the Board of Trustees, that is suitable to cover costs incurred by the Village for review of the specific proposal. If special planning, engineering, architectural or other consultants must be retained by the Village for review of the proposed Planned Unit Development the petitioner shall be so notified, and all costs for said consultants expended by the Village ‐ not covered by the filing fee ‐ shall be reimbursed by the petitioner.

3. Notification List ‐ A list of the names and addresses of owners of all property within five hundred (500) feet of the property lines of the subject site. This list shall be current as of the date of submission. People appearing on said list will be sent notice of the public hearing in compliance with statutory requirements. Failure to provide an accurate list of names and addresses of owners of all property lines of the subject site shall be cause for

immediate dismissal of the Planned Unit Development application as well as forfeiture of all fees and expenses incurred.

4. Proof of Ownership ‐ A statement of the present and proposed ownership of all land within the development.

5. Survey and Legal Description ‐ A plat of survey and legal description of the subject site.

6. Taxes ‐ Proof shall be furnished to indicate that there are no delinquent taxes constituting a lien on the whole or on any part of the property. Such proof may take the form of paid tax bills to the date of submission of the Planned Unit Development application, a statement from the title insurance company indicating that no liens affect the subject site, or a letter from the County Assessor or Treasurer affirming that there are no delinquent taxes on the property.

7. Detailed Plan ‐ A drawing of the Planned Unit Development shall be prepared at a scale of not less than 1” = 50’ unless approved at another scale by the Village Engineer and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one (1) or more sheets and drawings, and must include:

i. Boundary lines and dimensions of the subject site.

ii. Existing and proposed easements ‐ general purpose and width.

iii. Streets on, adjacent, or proposed for the tract, including all rights‐of‐way and pavement widths.

iv. Utility extensions of water lines, sanitary sewers, and storm sewers.

v. Land use designations for the subject site.

vi. Site Data ‐ A list of pertinent site data, including:

(1) Description and quantity of land uses. (2) Acreage of site. (3) Number of dwelling units proposed and anticipated population. (4) Area of industrial, commercial, institutional, recreational, and circulation land uses proposed. (5) Densities of residential areas.

(6) Bedroom mixes.

vii. Residential lots (average lot size and minimum lot size shall be specified).

viii. General location, purpose, and height, in feet or stories, of each building other than single‐family residences.

ix. Map Data ‐ name of development, name of site planner, north point, scale, date of preparation.

8. Environmental Information ‐ Data identifying existing natural and environmental site conditions, including:

i. Topography ‐ A topographic map, if possible underlying the concept plan, at a minimum of one (1) foot contour intervals.

ii. Flood Plain ‐ Information from the most current source specified by the Village indicating the location and extent of the regulatory flood plain.

iii. Soils ‐ Information from the most current U.S. Department of Agriculture – Soil Conservation Service Soils Catalog indicating the location and species of soils. If said information is not available, soil borings may be submitted.

iv. Location and extent of existing vegetation.

v. A depiction of existing surface drainage patterns and proposed retention and detention areas.

9. Utilities ‐ Statements indicating that sanitary sewer, storm sewer, and water are directly available to the site, or if well and septic systems are proposed, a statement from a licensed professional engineer indicating that proposed development can be suitably served by such systems.

If utilities are not directly available to the subject site, but can be made available in a manner consistent with the Village’s Comprehensive Plan, then utilities may be extended to the site. If extension of utilities is proposed, the petitioner shall submit a statement indicating the estimated improvement costs and projected source of funding for the necessary improvements. The petitioner shall specify what proportion of the utility improvements made necessary as a result of the subject development, if any, he will pay for. For purposes of this Section, utilities shall be considered to be “not directly available” if located more than four hundred (400) feet from the boundaries of

the subject site. This provision shall apply to the extension of sanitary sewer, storm sewer, and water utilities only.

10. Architectural Plans ‐ Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the buildings, and the number, size, and type of dwelling units. Also provide floor area of the building types and total ground coverage of buildings.

11. Community Benefit Statement ‐ A written statement comparing the relative benefits that will accrue to the community as a result of this site being developed under Planned Unit Development provisions as opposed to conventional zoning. Specific mention should be made of open space, natural features, and architectural design. This statement supplements the “Objectives” statement that may be required with the submission of the Preliminary Plat. The “Objectives” statement differs from this statement, in that each of the objectives listed in Section 3.13.2 must be specifically addressed. In contrast, the “Community Benefit Statement,” which accompanies a detailed site plan, provides a developer the opportunity to define with particularity why his proposal merits approval and how it will serve the community better than a conventional development.

12. Objectives ‐ A statement indicating how the proposed Planned Unit Development corresponds to and complies with objectives for Planned Unit Developments as stated in Section 3.13.2.

13. Schedule ‐ Development schedule indicating:

i. Stages in which project will be built with emphasis on area, density, use, and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the Plat and through supporting graphic material.

ii. Approximate dates for beginning and completion of each stage.

iii. If different land use types are to be included within the Planned Unit Development, the schedule must include the mix of uses anticipated to be built in each stage.

14. Traffic Analysis ‐ A study providing information on the existing road network, and adjunct vehicle volumes, and the effect the proposed Planned Unit Development will have on the existing (or improved) road network. If traffic or roadway improvements external to the subject site are anticipated as a result of the proposed development, the petitioner shall submit a statement indicating the nature and extent of those

contemplated improvements. Included in said statement shall be information pertaining to what proportion of the external traffic and roadway improvements made necessary as a result of the Planned Unit Development, if any, the developer will pay for. All internal traffic and roadway improvements associated with the Planned Unit Development shall be paid for by the developer.

15. Tax and School Impact ‐ A study indicating the sources and amounts of revenue to be generated to various governmental jurisdictions as a result of the development, expected school‐age children generation, and estimated cost of providing service to the development that will be absorbed by the Village and the affected school districts.

16. Market Analysis ‐ Depending upon the types of land uses proposed to be included in a Planned Unit Development, information shall be provided from one (1) or more of the following categories:

i. Planned Unit Developments proposed to contain any residential uses shall require submission of at least the following market data:

(1) Details about the proposal pertaining to housing types, floor area of dwellings, estimated price ranges, number of bedrooms, densities, amenities included, etc.

(2) An evaluation of the historical market pattern for the types of units proposed, considering the variables listed in (a). Building permit issuance trends and/or surveys of existing recently constructed residential developments shall be used in this evaluation.

(3) Total anticipated demand in the Village for the type of unit(s) proposed shall be estimated for the immediately subsequent five (5) year period. The percent of that demand which would be absorbed by the proposed Planned Unit Development shall be identified. Methods used in determining the five (5) year demand shall be indicated.

ii. Planned Unit Developments proposed to contain any commercial uses shall require submission of at least the following market data:

(1) Details about the proposal pertaining to: number of users, floor area of each use area, bulk of buildings, price or rent ranges, floor area ratios, place of residence of prospective employees, etc. (2) Trade area that the commercial development is intended to serve. (3) Location of comparable commercial developments within the trade area. (4) Population and effective per capita buying income of the trade area.

(5) Anticipated sales volume of the commercial development.

iii. Planned Unit Developments proposed to contain any industrial uses shall require the submission of at least the following market data:

(1) Details about the proposal pertaining to: number of users, floor area of each use area, bulk of buildings, price or rent ranges, floor area ratios, approximate number of employees, place of residence of prospective employees, etc. (2) Location of other industrial development within the community. (3) Market area for anticipated industries.

17. Land Use and Zoning Exhibit ‐ A graphic portrayal of existing land use and zoning patterns of surrounding areas within a minimum of 660 feet of the subject site for sites between 30‐75 acres and a minimum of 1,320 feet for sites greater than 75 acres. b. Final Plat Stage

At the time the Final Plat is filed with the Plan Commission for review and recommendation, the following items must be submitted:

1. Final Detailed Plan ‐ A final Planned Unit Development Plat, suitable for recording with the County Recorder of Deeds, shall be prepared. The purposes of the Final Plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land, not so treated, into common open space areas and building areas. The Final Plat shall include: i. An accurate legal description of the entire area under immediate development within the planned development.

ii. A Planned Unit Development Plat of all lands which are a part of the Final Plat being submitted and meeting all the requirements for a Final Plat. If lands which are a subject of the Final Plat are to be subdivided, than a subdivision plat is also required.

iii. An accurate legal description of each separate unsubdivided use area, including common open space.

iv. Designation of the location of the building pads, or areas, or setback lines or setback standards for all buildings to be constructed.

v. Certificates, seals, and signatures required for the dedication of lands, and recording the document.

vi. Tabulation of separate unsubdivided use area, including land area, number of buildings, number of dwelling units, number of bedrooms, and dwelling units per acre.

2. Common Open Space Documents ‐ All common open space shall be either conveyed to a municipal or public corporation, conveyed to a not‐for‐profit corporation or entity established for the purpose of benefiting the owners and residents of the Planned Unit Development, or retained by the developer with legally binding guarantees, in a form approved by the Village Attorney, verifying that the common open space will permanently be preserved as open space. All land conveyed to a not‐for‐profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space.

3. Final Systems Plans ‐ Final plans, with all required detail, shall be submitted, including:

i. Engineering plans showing how the site is to be serviced with sewer, water, well, and/or septic systems (as agreed to during the Preliminary Plat Stage).

ii. Lighting plans.

iii. Drainage and storm water retention and detention plans.

iv. Road plans, including curbs and gutters, on‐site/off‐site signalization, acceleration, deceleration lanes, etc.

v. Sidewalk, paths, and cycle trails.

vi. Final Landscape Plans showing the type and location of plant materials, berms, and other aesthetic treatments.

4. Public Facilities ‐ All on‐site and/or off‐site public facilities and improvements made necessary as a result of the Planned Unit Development shall be either constructed in advance of the approval of the Final Flat or sub‐divider’s bond or approved letters of credit posted to guarantee construction of the required improvements. The sub‐ divider’s bond or approved letters of credit, payable to the Village of Volo shall be sufficient to cover the full costs of the improvements plus fifteen (15) percent. Detailed construction plans shall be submitted for all public facilities to be built.

5. Construction Plans ‐ Detailed plans shall be submitted for the design, construction, or installation of site amenities; including buildings, landscaping, lakes, and other site improvements.

6. Construction Schedule ‐ A final construction schedule shall be submitted for that portion of the Planned Unit Development for which approval is being requested.

7. Guarantee Deposit ‐ A deposit shall be made to the Village in cash, letter of credit approved by the Board of Trustees in a form acceptable to the Village Attorney, or maintenance bond equal to fifteen (15) percent of the estimated cost of public facility installations. The deposit shall be a guarantee of satisfactory performance of the facilities constructed within the Planned Unit Development and shall be held by the Village for a period of eighteen (18) months from the date of acceptance of the facilities by the Village. After such eighteen (18) months, the deposit shall be refunded if no defects have developed, or if any defects have developed, then the balance of such deposit shall be refunded after reimbursement for amounts expended in correcting defective facilities.

8. Delinquent Taxes ‐ A certificate shall be furnished from the appropriate County official that no delinquent taxes exist and that all special assessments constituting a lien on the whole or any part of the property of the Planned Unit Development have been paid.

9. Covenants ‐ Final agreements, provisions, or covenants which will govern the use, maintenance and continued protection of the Planned Unit Development shall be approved by the Village and recorded at the same time as the Final Planned Unit Development Plat.

3.13.6 Changes in the Planned Unit Development The Planned Unit Development shall be developed only according to the approved and recorded Final Plat and all supporting data The recorded Final Plat and supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees, and assigns and shall limit and control the use of premises and location of structures in the Planned Unit Development project as set forth therein. Changes to the recorded Planned Unit Development may be made as follows: a. Major Changes

Changes which alter the concept or intent of the Planned Unit Development including increases in density, changes in the height of buildings, reductions of proposed open space, changes in total bedroom counts of more than five (5) percent, changes in bedroom mixes of more than five (5) percent, changes in the development schedule, changes in road standards, or changes in the final governing agreements, provisions, or covenants, may be approved only by submission and reconsideration of a new Preliminary and/or Final Planned Unit

Development Plat and supporting data and following the Preliminary or Final Plat procedure.

If the major change alters data or evidence submitted during the Preliminary Plat stage, then the resubmission must begin at the Preliminary Plat stage. If only Final Plat evidence or data is altered as a result of the major change. then the resubmission shall begin at the Final Plat stage.

If major changes are proposed, a new public hearing shall be required during resubmission of the Preliminary or Final Plat. All changes to the “original” Final Plat shall be recorded with the County Recorder of Deeds as amendments to the Final Plat or reflected in the recording of a new “corrected” Final Plat. b. Minor Changes

The Board of Trustees may, in accordance with procedures established in their rules. approve minor changes in the Planned Unit Development which do not change the concept or intent of the development. Minor changes shall be any change not defined as a major change.

3.13.7 Revocation and Extension

A Planned Unit Development special use, including a Business PUD special use, shall become null and void and the subject property shall thereupon be rezoned to its most appropriate district classification, as deemed suitable by the Board of Trustees acting upon the recommendation of the Plan Commission, in any case where said Planned Unit Development has:

a. Received Preliminary Plat approval and where the Final Plat of said Planned Unit Development, or the first phase of the Final Plat if construction is to take place in phases, has not been submitted for approval within one (1) year after the date of approval of said Preliminary Plat; or

b. Received Final Plat approval and where the construction of said Planned Unit Development, as authorized by the issuance of a building permit, has not begun within one (1) year after the date of approval of said Final Plat dealing with such construction.

c. In the case of a Business PUD, received approval of a conceptual PUD plan and where the Preliminary Plat of said Business PUD, or the first phase of a Preliminary Plat if construction is to take place in phases, has not been submitted for approval within ten (10) years after the date of the approval of said conceptual PUD plan.

Further, if construction of a Planned Unit Development falls more than two (2) years behind the building schedule filed with the Final Plat of said Planned Unit Development, the Board of Trustees, acting upon the recommendation of the Plan Commission shall either extend said schedule or initiate action to revoke the Planned Unit Development special use. In doing so, one (1) year extensions in the building schedule filed with the Final Plat of a Planned Unit Development may be granted by the Board of Trustees, acting upon the recommendation of the Plan Commission.

If the Board of Trustees so stipulates when acting favorably on a Planned Unit Development, the Plan Commission may be delegated the authority of granting such one (1) year extensions in said building schedule of said Planned Unit Development.

3.13.8 Findings of Fact The Plan Commission shall, after the public hearing, set forth to the Board of Trustees the reasons for the recommendation, and said recommendation shall set forth with particularity what respects the proposal would be in the public interest, including but not limited to findings of fact on the following:

a. In what respects the proposed plan is consistent with the stated purpose of the Planned Unit Development regulations and with the Objectives stated in Section 3.13.2 herein.

b. The extent to which the proposed plan meets the standards of the Planned Unit Development regulations as set forth in Section 3.13.3 herein.

c. The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to density, dimension, area, bulk, and use, and the reasons why such departures are deemed to be in the public interest.

d. The method by which the proposed plan makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space, and furthers the amenities of light and air, recreation and visual enjoyment.

e. The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

f. The desirability of the proposed plan as regards physical development, tax base and economic well‐being of the Village.

g. The conformity with Village objectives.

3.13.9 Conditions and Guarantees Prior to the ranting of any Planned Unit Development, the Plan Commission may recommend, and the Board of Trustees may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation, and other elements of the Planned Unit Development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area and to secure compliance with the standards specified in Section 3.13.3. In all cases in which Planned Unit Developments are granted, the Board of Trustees may require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection with the approval of the Planned Unit Development are being, and will be, complied with.

3.13.10 Alternative Procedure for Certain Business Planned Unit Developments As an alternative to the procedures set forth in Section 3.13.4, a commercial or mixed‐use Planned Unit Development on a property that is (a) is zoned in the B‐3 Regional Business District and (b) is no less than 75 contiguous acres in size (a “Business PUD”) may be processed in accordance with this Section 3.13.10.

Business PUDs may be processed as a special use in the B‐3 District. Business PUDs are more complex and of a significantly different character than other special uses and other Planned Unit Developments, therefore requiring the establishment herein of alternative procedures to those used to process other special uses and Planned Unit Developments. If an applicant elects to apply for approval of a Business PUD pursuant to this Section 3.13.10, then the procedures set forth herein shall control over any contrary procedures in Section 3.13. Nevertheless, except as modified by this Section 3.13.10, the purposes, objectives, standards, and procedures for Planned Unit Developments set forth in Sections 3.13.1 through 3.13.3 and 3.13.5 through 3.13.9 of this Article shall apply to Business PUDs, and references to Planned Unit Developments in said Sections shall be deemed to apply to both standard Planned Unit Developments and Business PUDs.

A four‐step procedure is prescribed for Business PUDs as follows:

a. Pre‐Application Procedure

1. The intent of the Pre‐Application Process for a Business PUD is as set forth in subsection 3.13.4(a)(1) of this Article. This procedure involves no formal commitment on the part of either the Village or the developer concerning the approval or construction of the proposes Business PUD

2. A prospective applicant for approval of a Business PUD shall conduct a pre‐ application document review as set forth in subsection 3.13.4(a)(3) of this Article.

3. A prospective applicant for approval of a Business PUD may request a pre‐ application conference in accordance with subsection 3.13.4(a)(2) of this Article. The pre‐application conference is not mandatory and does not require a formal application, fee, or filing of a plat or plans, but expenses incurred by the Village are subject to reimbursement by the prospective applicant as set forth in subsection 3.13.4(a)(2).

b. Conceptual PUD Procedure

1. Intent – The purpose of the Conceptual PUD stage is to obtain approval from the Village of a conceptual PUD plan for the Business PUD. No specific development entitlements will vest as a result of the conceptual PUD plan approval. However, the applicant can proceed to the Preliminary PUD stage with a reasonable expectation that a preliminary PUD plat will be approved if it is substantially in compliance with the approved conceptual PUD plan and satisfies the applicable objectives and standards.

2. Procedure – An application for approval of a conceptual PUD plan shall be submitted to the Zoning Administrator, who shall refer same to the Plan Commission for public hearing, review, and recommendation. The required procedure for review of the Conceptual PUD plan shall be:

i. Submission by the applicant of a conceptual PUD plan for the Business PUD. The conceptual PUD shall include, at a minimum:

a. a conceptual site plan for the proposed Business PUD that generally identifies the types and locations of uses to be developed on the property, as well as bulk limitation and other development parameters and amenities that will be applicable to the property within the Business PUD;

b. a brief description of the applicant’s development proposal, including a description of the manner in which basic services (including without limitation potable water and sanitary sewage disposal) will be provided to the property;

c. all items required by subsections 3.13.5(a)(1) through 3.13.5(a)(6); and

d. such other supporting information as the Village may reasonably request.

ii. The Plan Commission shall hold a public hearing on a completed application for conceptual PUD plan approval in accordance with the procedures established by this Ordinance for special uses and planned unit developments.

iii. Following the public hearing and review of the conceptual PUD plan submission, the Plan Commission shall within thirty (30) days, unless an extension is requested by the applicant, recommend approval, modification, or disapproval of the conceptual PUD plan, and the Plan Commission shall provide its recommendation to the Board of Trustees with the reasons therefor. In its communication to the Board of Trustees, the Plan Commission shall set forth “findings of fact,” in accordance with Section 3.13.8, on which the recommendation is based and describing how the conceptual PUD plan meets the standards and objectives stated in this Section,

iv. The Board of Trustees, after receipt of the conceptual PUD plan and recommendation from the Plan Commission, shall approve, approve with modifications, or disapprove the conceptual PUD plan within sixty (60) days, unless an extension is requested by the applicant. The Board of Trustees may require such special conditions as it may deem necessary to ensure conformance with the objective and standards established in this Section. In the case of approval, with or without conditions, the Board of Trustees shall adopt an ordinance or resolution approving the conceptual PUD plan, which ordinance or resolution shall be recorded against the subject property. No building or construction may take place within the proposed Business PUD, and no permits may be issued until the Preliminary Plat and Final Plat and accompanying data have been submitted, approved, and recorded. Notwithstanding the preceding sentence, the owners of all the property that is the subject of a conceptual PUD plan in a Business PUD may seek vacation of the conceptual PUD plan by submitting a notarized request therefor to the Zoning Administrator of the Village, in which case:

a. Upon confirming that the (1) vacation request is complete, (2) no development has occurred on the property pursuant to the Business PUD, and (3) all outstanding obligations to the Village relating to the property have been satisfied, the Zoning Administrator shall approve the request to vacate the conceptual PUD plan;

b. The Zoning Administrator shall record a release of the ordinance or resolution approving the conceptual PUD plan; and

c. The conceptual PUD plan shall have no further force or effect and the property shall revert to B‐3 zoning.

v. The applicant must submit subsequent Preliminary Plat and Final Plat data in accordance with the schedule set forth in Section 3.13.7.

vi. A Business PUD may be developed in two or more phases. If this is the case, the applicant shall submit an overall conceptual PUD Plan for the development by may thereafter submit Preliminary and Final Plats for approval in phases. Each such phase must contain at least 10 acres unless the applicant demonstrates to the satisfaction of the Village Board that a proposed phase containing less than 10 acres will facilitate the efficient and effective development of the overall Business PUD and provide for appropriate infrastructure and amenities. Permits shall be issued pursuant to the processing, approval, and record of each Final Plat.

c. Preliminary PUD Procedure

1. Intent – It is the intent of the Preliminary Plat submission to obtain approval from the Village for plan, design, and program that the applicant contemplates compliance with. If the Preliminary Plat is approved, the applicant can proceed to the Final Plat stage with reasonable assurance that the Final Plat will be approved if substantially in compliance with the Preliminary Plan. The objectives and standards for Business PUDs must be clearly integrated into the Preliminary Plat submission, and the Preliminary Plat must substantially conform with the approved conceptual PUD plan, unless otherwise expressly authorized by an ordinance approved by the Board of Trustees.

2. The applicant shall submit all items required of a petition for a Preliminary PUD Plat as identified in Section 3.13.5a, “Submission Requirements.” A completed

request for approval of a Preliminary PUD Plat shall be submitted to the Zoning Administrator, who shall refer same to the Plan Commission for public hearing, review, and recommendation. The required procedure for Plan Commission review of the Preliminary PUD Plat for Plan Commission review of the Preliminary PUD Plat for a Business PUD shall be as set forth in subsection 3.13.4(b)(2)(ii‐iii), provided, however, that the Plan Commission shall also review the Preliminary PUD Plat for the substantial conformity with the approved conceptual PUD plan.

3. The Board of Trustees, after receipt of the Preliminary Plat and recommendation from the Plan Commission, shall approve, approve with modifications, or disapprove the Preliminary Plat within sixty (60) days unless an extension is requested by the applicant. The procedure for Board review and action on the Preliminary PUD Plat for Business shall be as set forth in subsection 3.13.4(b)(2)(iv), provided, however, that the Board shall also review the Preliminary PUD Plat for substantial conformity with the approved conceptual PUD plan.

4. Preliminary and Final Plats for a Business PUD, or any phase thereof, may be filed and approved simultaneously.

d. Final Plat Procedure

1. Intent – The purpose of the Final Plat is to designate with particularity the land subdivided into conventional lots as well as the division of other lands, not so subdivided, into common space and building sites. The Final Plat in intended as a document to be recorded. The Final Plat shows the exact location of facilities, while the Preliminary Plat shows the general location of the same facilities.

2. Procedure – The Final Plat shall be submitted by the applicant and shall conform substantially to the approved Preliminary Plat for the Business PUD or the relevant phase thereof. The required procedure for approval of a Final Plat shall be:

i. Submission of the items required of a Final Plat as identified under Section 3.13.5b “Submission Requirements.” Said submission shall be to the Office of the Zoning Administrator, who shall refer same to the Plan Commission for review and recommendation.

ii. The Plan Commission shall review the Final Plat at a public meeting within thirty (30) days after submission. The procedure for Plan Commission

review of the Final Plat for a Business PUD shall be as set for in subsection 3.3.4(c)(2)(ii).

iii. The Board of Trustees, after receipt of the Final Plat and recommendation from the Plan Commission, shall approve or disapprove the Final Plat within sixty (60) days, unless an extension is requested by the applicant. The procedure for Board review of the Final Plat for a Business PUD shall be set forth in subsection 3.13.4(c)(2)(iii).

3.14 Zoning Approvals Required Prior to Submission of Subdivision Plat Where a proposed development will require the subdivision or re‐subdivision of land under the Village Code, all rezoning, variations, and special use approvals required under this Ordinance shall be obtained before a final plat of subdivision is submitted for approval by the President and Board of Trustees.

3.15 Fees The President and Board of Trustees shall establish a schedule of fees, charges, and expenses for zoning certificates, site plan review, occupancy certificates, application for amendments, special uses, appeals, Planned Unit Developments, variations, subdivisions and other matters pertaining to this Ordinance. The schedule of fees shall be posted in the office of the Village Clerk and may be altered or amended by ordinance.

3.16 Violation, Penalty, Enforcement

3.16.1 Authority The Zoning Administrator is conferred with the responsibility for enforcing this Ordinance.

3.16.2. Zoning Administrator ‐ Violation Notice Procedures

a. Upon the determination that a violation exists, the zoning administrator shall prepare a notice of violation making specific reference to the requirements of this Ordinance. The notice shall be delivered by certified mail and request abatement of the violation within a ten (10) day period. Copies of the notice shall be forwarded to the Village Attorney and Chairman of the Board of Appeals.

b. Following the ten (10) day violation abatement period, and upon re‐inspection of the premise, should the violation not be corrected or abated within the timeline established

above, the Zoning Administrator shall notify the Village Attorney of the status of the violation.

For permits or activity involving construction, the Zoning Administrator is authorized to issue a stop work order until the violation is corrected.

In all situations, the Zoning Administrator and/or Village Attorney may promptly initiate any other lawful proceedings to secure correction or abatement of the violation, including the initiation of proceedings in a competent court of law.

c. Stop Work Orders ‐ Emergency Conditions The Zoning Administrator may issue a stop work order where in his judgment, a potentially dangerous or hazardous condition or situation exists which may result in injury to life or loss of property.

d. Penalty Any person, firm, or corporation, who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this Ordinance, shall upon conviction be fined not less than twenty‐five dollars ($25.00) nor more than one thousand dollars ($1,000.00) for each offense. Each day that a violation of this Ordinance, or any ordinance granting a variation or special use exists or continues shall be considered a separate offense.

ARTICLE 4: GENERAL PROVISIONS

4.1 Rules of Transition

4.1.1 Buildings and Permitted Uses

a. All buildings erected hereafter, all uses of land or buildings established after the date of adoption of this Ordinance, and all structural alterations or relocation of existing buildings occurring after the date of adoption of this Ordinance shall be subject to all regulations of this Ordinance which are applicable to the zoning districts in which such buildings, uses, or land are located.

b. However, where a building permit for a building or structure which does not comply with this Ordinance has been issued in accordance with law prior to the effective date of this Ordinance and provided that construction is begun within twelve (12) 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. The building or structure may upon completion be occupied under a certificate of occupancy by the use for which originally designated ‐ subject thereafter to the provisions of Article 10, Non‐conforming Buildings, Structures, and Uses.

4.1.2 Special Use Permits

Any special use permit approved and established under prior law shall be permitted to continue. However, where a special use permit has been approved under prior law and no building permit has been issued or construction commenced, then such permit shall be subject to lapsing conditions of the permit. Where such special use permit contains no lapsing provisions, it shall be valid up to one (1) year of the date of approval, unless a building permit has been issued or construction commenced.

4.1.3 Approved Variations

Any variation established under prior law shall be permitted to continue. However, where a variation has been approved under prior law and no building permit has been issued or construction commenced (where a variation involves construction), then such permit shall be subject to lapsing conditions of the permit. Except, however, where said variation contains no lapsing provisions, it shall be valid up to one (1) year of the date of approval of the permit, unless a permit has been issued or construction commenced.

4.1.4 Pending Applications

Applications on file for any zoning amendment, special use permit, variation or appeal at the time of adoption of this Ordinance for which a public hearing was held under prior ordinances shall be governed by the ordinance in effect at the time of hearing. Pending applications which have yet to be heard will be governed under the procedures and requirements of this Ordinance.

4.1.5 Zoning of Annexed Land

For all land not otherwise zoned in accordance with state law upon annexation and designated RE. Rural Estate Single‐Family Detached Residential District, any zoning map amendment shall be heard and decided in accordance with the provisions of this Article.

4.2 General Zoning Provisions

4.2.1 Required Setbacks

Where a lot is to be occupied for a permitted or special use without buildings, the street, side and rear setbacks required for such lot shall be provided and maintained unless otherwise stipulated in this Ordinance, except that side setbacks shall not be required on lots used for garden purposes without buildings or structures.

4.2.2 Number of Buildings on a Zoning Lot

Except as otherwise approved by the Board of Trustees as part of a shopping center or Planned Unit Development, not more than one principal building shall be located on a zoning lot.

4.2.3 Minimum Lot Size

Every building hereafter erected on a lot or parcel of land created subsequent to the effective date of this Ordinance shall provide a lot or parcel of land in accordance with the lot size requirement of the district within which it is located. Except, however, on a lot of record on the effective date of this Ordinance, the requirements of Section 10.3, Non‐conforming Lots of record, shall be met. In no case shall a lot created illegally be considered a lot of record.

4.2.4 Essential Services Exempted

The alteration, or maintenance by municipal departments of overhead utility lines and poles and underground gas, electrical, steam, or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, traffic signals, and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utility or municipal department or commission, or for the public health, safety, or general welfare, shall be exempt from the regulations of this Ordinance. However, the installation shall conform to Federal Communications Commission and Federal Aviation Administration rules and regulations, and those of other authorities having jurisdiction. Any other above ground utilities, are subject to the site plan requirements of this Ordinance.

4.2.5 Plat to Conform to Plan

No map or plat of any subdivision presented for record affecting lands within the corporate limits or any contiguous unincorporated territory outside of and distant not more than one and one half (1‐ l/2) miles from the corporate limits of the Village shall be approved by the Board of Trustees or be entitled to record or shall be valid unless such subdivision complies with the

official Comprehensive Plan and is approved by the Plan Commission and Board of Trustees unless strict approval is waived by the Board of Trustees in a specific instance.

4.3 Accessory Buildings, Bulk Regulations and Permitted Obstructions in Required Setbacks and Yards

4.3.1 Accessory Buildings and Uses

a. Purpose Accessory buildings, structures and uses customarily incidental to and commonly associated with a use allowed as a permitted or special use within a particular zoning district may be allowed to occupy the same zoning lot as the permitted or special use. To qualify as an accessory building structure, or use it shall be operated and maintained under the same ownership and on the same lot as the principal building, structure, or use and shall meet the definition for an accessory use stated in Article 2.

b. Percentage of Required Yard Occupied No detached accessory building or buildings shall occupy more than fifteen percent (15%) of the area of the yard within which such accessory structure is located.

c. Drainage and Utility Easements Accessory buildings, structures or uses shall not be located on or within any utility or drainage easement created by a duly recorded document.

d. Height of Accessory Buildings Except as otherwise regulated herein, no accessory building, structure, or use shall exceed the height of the principal building or twenty (20) feet in height, whichever is less. Accessory uses which project upward from the principal building shall not be greater than five (5) feet above the established building height, provided such use is not greater than three (3) feet above the required building height as specified in each zoning district.

e. Attached Accessory Structures An attached accessory structure shall comply with all zoning district regulations applicable to the principal building, structure or use to which it is accessory.

f. Detached Accessory Structures, Improvements and Uses

Detached accessory structures and improvements shall:

1. Not be less than five (5) feet from an interior side lot line or rear lot line, unless otherwise further restricted through conditions established by a special use ordinance.

2. Not be closer to the street lot line than the principal dwelling on the lot.

g. Permitted Obstructions in Yards. Subject to all other requirements of this section, accessory buildings, structures or uses shall be permitted in designated yards of a zoning lot as follows:

ST = Street Yards S = Side Yards R=Rear Yards

Alternative Energy Systems S R (see Section 4.14 for additional requirements)

Air conditioning equipment, central S R

Arbors or Trellises ST S R

Awnings, Marquees or Canopies ST S R (Not more than three (3) feet into setback, except in the B1/P.U.D.District to the back of‐curb in the street setback) Barbecuing Equipment, Permanent and Temporary S R

Bay Window (not more than two (2) feet into setback) ST S R

Carports, Detached S R

Communications Tower R

Deck S R Dog Houses R

Dog Runs R

Dumpsters and Garbage Receptacles S R (except for temporary placement for collection)

Eaves and Gutters and Downspouts ST S R

(Not more than two (2) feet into setback)

Fallout Shelters R (Attached and detached)

Fences ST S R (see Section 4.4 for additional requirements)

Fireplace (detached only) R

Firewood Storage S R

Flagpoles ST S R

Garages, Detached S R

Garden Appurtenances ST S R (such as benches, sundials, birdbaths, fountains and sculptures)

Gazebos R

Greenhouses, Private R

Hen Coops and Enclosures R (see Section 4.12 for additional requirements)

Hot Tubs R

Laundry Drying Equipment R

Off‐Street Parking ‐ Non‐Residential ST S R (see applicable Zoning District for allowable encroachment)

Off‐Street Parking ‐ Residential ST S R (see applicable Zoning District for applicable requirements)

Ornamental Light Standards ST S R

Patio S R

Picnic table, patio and lawn furniture S R

Playground Equipment R (basketball hoops, backstops and supporting posts are allowed in all yards)

Playhouses (not to exceed 50 square feet) R

Porch ST S R

Playhouses, Gazebos, Open Sided Summer Houses R

Recreational Vehicle and Trailer Storage S R

Satellite Antennas R

Sheds and Storage Structures for Garden Equipment S R

Sidewalks and Other Walkways ST S R

Signs and Nameplates ST S R

Sills, Beltcourses and Ornamental Features of the Principal Structure ST S R (Not more than eighteen (18) inches into setback or court)

Steps and Ramps ST S R (may not be less than one (1) foot from a lot line and four (4) feet above the established grade and which are necessary for access to a structure or from a public right‐of‐way)

Swimming Pools R

Tennis Courts, Private R

Terrace ST S R

4.3.2 Bulk and Use Regulations a. Certain Exceptions for Street Setbacks and Street Yards on a Through Lot Adjoining a Collector or Arterial Street The purpose of this section is to permit the traditional use of

yards and setbacks and principal and accessory buildings on a residentially zoned lot which has been subdivided as a through lot. For any platted through lot which has frontage on a collector or arterial street for which such parcel has a duly recorded irrevocable covenant or similar restriction precluding vehicular access to such collector or arterial street, then such setback and yard adjoining the collector or arterial street shall be deemed a rear setback and yard under the terms of this Ordinance. b. Operation Within an Enclosed Building All business, service, storage, and display of goods shall be conducted completely within enclosed buildings or structures unless provided otherwise in this Ordinance.

In all non‐residential zoning districts, a retail business use may display merchandise for retail sales not within an enclosed building or structure when said merchandise is directly related to the retail business on the same zoning lot, subject to the following:

1. Temporary Outdoor Display:

i. Location: Temporary outdoor display areas may be located within fifty (50) feet of a property line abutting a public street right‐of‐way, but shall not be located in a public street right‐of‐way. Displays shall not be located within ten (10) feet of a drive and/or street right of‐way intersection. Displays shall not occupy required off‐street parking or loading spaces or associated circulation drives per Article 9: Off‐Street Parking and Loading Regulations

ii. Maximum Area: Display areas shall not exceed eight (80) square feet in area.

iii. Height: Displays shall not exceed six (6) feet in height.

iv. Signage: All signs must conform to Article 11: Sign Regulations.

v. Lighting: No additional exterior lighting shall be allowed with the temporary outdoor display other than lighting that has been approved as part of the Building Permit for the Principal Use.

vi. Safety and Other Concerns: Displays shall not obstruct views of pedestrians or motorists on and off site, and shall not impede the circulation of traffic on and off site. All displayed merchandise must be safely secured to prevent movement from wind of the merchandise outside the approved designated display area.

vii. Time Limits: Temporary outdoor displays located within fifty (50) feet of a property line abutting a public street right‐of‐way are only allowed during hours in which the

business is open to the public, and even if the business is open to the public, not before 6:00 A.M. or after 9:00 P.M. For hours beyond those listed above, displayed merchandise shall be moved to a location within an enclosed building or structure or to a location on the subject site that is not within fifty (50) feet of a property line abutting a public street right‐of‐way and subject to the site plan approval requirements.

viii. Site Plan Submission: A site or sketch plan shall be submitted to the Village for review and approval, modification, or denial by the Zoning Administrator. The plan shall indicate the proposed location and area of both the temporary outdoor display area located within fifty (50) feet of a property line abutting a public street right of way and the overnight storage area either within an enclosed building or structure or to an area located beyond fifty (50) feet of a property line abutting a public street right‐of‐way

ix. Temporary Outdoor Display Annual Renewal: All Temporary Outdoor Display Areas shall be subject to annual renewals as part of the annual Business Certificate Program of the Village.

2. All Other Business, Service, Storage Or Display of Goods That Are Not Conducted Completely Within Enclosed Buildings Or Structures:

All other business, service, storage, and display of goods that are not conducted completely within enclosed buildings or structures are required to have been approved either as part of, or specifically as, a special use, planned unit development or other Village approved development agreement.

4.4 Fences and Walls

4.4.1 Permits and Fees

a. Permit Required: No fence or wall shall be erected or placed upon any property without first obtaining a fence permit. Plans indicating specific location, material, type and height of proposed fence or wall shall accompany the permit application filed with the Zoning Administrator.

b. Fees: If the fence or wall received approval from the Zoning Administrator, the Village Building Department shall issue a permit upon payment of the permit fee of thirty (30) dollars.

4.4.2 Fence Construction Standards:

a. Location: A fence, including all posts, bases and other structural parts, shall be located completely within the boundaries of the lot on which it is located. No fence shall be located closer than twelve (12) inches to a public sidewalk.

b. A copy of a plat of survey of the lot upon which a fence or wall is to be constructed shall be submitted to illustrate the location of the proposed fence.

c. Construction: Fences shall be designed and constructed to resist a horizontal wind pressure of not less than thirty (30) pounds per square foot

d. Finished Side: All fences shall be constructed with the finished surface facing neighboring property with support posts placed to the inside, except in such cases where the posts are an integral part of the fence design which enhances the aesthetic appearance of the fence.

e. Gate Opening: Except for corner lots and rear yard of a through lot, every fence which creates a wholly enclosed area and adjoins an existing or proposed street right‐of‐way, shall include a gate to provide access to the right‐of‐way. This provision does not apply to corner lots or the rear yard of a through‐lot.

f. Business and Industrial: Property within any business or industrial zoning district which abuts residentially zoned property shall be landscaped and screened in accordance with the provisions of Article 7 of this Ordinance.

g. No fence or wall shall exceed a maximum of three (3) feet above the street grade within the visibility triangle. The purposed of this requirement is to provide for visual clearance and traffic safety.

h. Clearance from Utilities Located at Grade. All fences must maintain:

1. Three (3) foot clearance from all sides of utility pedestals

2. Six (6) foot frontal clearance and three (3) foot side clearance from all transformers and pedestals

i. Ten (10) foot frontal clearance and three (3) foot side clearance from all switch boxes

j. Barbed Wire and Electric Fences: Barbed wire, razor wire, concertina, and the electrification of fencing, are prohibited.

k. Swimming Pools: Swimming pools shall be completely surrounded with a fence of not less than forty‐two (42) inches in height.

l. Tennis Courts: Fences surrounding tennis courts shall not exceed a height of twelve (12) feet.

4.4.3 Maximum Fence Heights (see Illustrations)

The measured height of the fence may include an opening between the bottom of fence and grade not to exceed six (6) inches. a. Maximum Fence Heights:

1. Residential Districts:

i. Street setback Four (4) feet

ii. Side setback Six (6) feet

iii. Rear setback Six (6) feet

iv. Visibility triangle: Three (3) feet

2. Business and Industrial Districts:

i. Street setback Eight (8) feet

ii. Side setback Eight (8) feet

iii. Rear setback Eight (8) feet

iv. Visibility triangle Three (3) feet

4.4.4 Enforcement

a. It shall be the responsibility of the owner and/or occupant of the property where a fence or wall is erected to maintain the structure in good repair at all times. If a fence is

found to be in a deteriorated condition and/or in need of repair, including, but not limited to, broken or missing structural components, and/or the fence is substantially less than perpendicular to grade, the Zoning Administrator or his authorized agent may order the fence to be repaired, replaced or removed depending upon the condition of the fence. Such order shall be in writing.

b. Any person who violates any provision of this Section shall be subject to a fine within thirty (30) days of receipt of written notice, or not less than twenty‐five (25) dollars and not more than fifty (50) dollars for each violation. Each day that the person is found to be in violation of any provision of this Section will be considered as a separate violation.

4.4.5 Exceptions

The provisions of this Section shall not apply to fences owned or maintained by the Village or to fences constructed and maintained by any other governmental body of agency for which the principal purpose is inherent to public safety.

4.5 Special Provisions for Mobile Homes

4.5.1 Mobile Homes

a. The use of a mobile home as a permanent or temporary dwelling unit is expressly prohibited, unless authorized by Board of Trustees.

b. A mobile home shall not be considered to be permissible as an accessory building. However, a mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which the mobile home is located only during the time construction or development is actively underway. Such temporary use as an office or shelter shall require a temporary certificate of occupancy. The temporary use of a mobile home shall cease use and be removed from the site upon completion of development or construction, or upon the issuance of a final certificate of occupancy for the principal use or structure, whichever occurs first.

4.6 Special Provisions for Recreational Vehicle Parks

In addition to the specific district regulations each recreational vehicle park shall be licensed by the Village of Volo in accordance with Ordinance 0‐96‐47 (“Recreational Vehicle Park Ordinance”) and shall otherwise conform to all of the regulations of said Ordinance. In addition to the submission requirements for Special Uses contained in Section 3.11.1 .d. of this Ordinance, an applicant for a recreational vehicle park shall submit the site plans and engineering plans specified in Section 7.4 of the Recreational Vehicle Park Ordinance. Such

plans shall conform with all of the special bulk and area requirements contained in the Recreational Vehicle Park Ordinance, and shall be approved concurrently with an application for Special Use in accordance with Article 6 of this Ordinance, Site Plan Review.

4.7 Special Provisions for Satellite Antennas

4.7.1 Satellite Antennas

The requirements of this section shall apply to all satellite antennas greater than twenty‐four (24) inches in diameter. a. Construction and Placement

1. Before proceeding with the construction or alteration of a satellite antenna in the Village of Volo, a permit shall first be obtained by the owner or his agent from the Village of Volo.

2. All satellite antennas shall comply with FCC requirements.

3. The construction and installation of all satellite antennas shall conform to applicable provisions of the Village of Volo Building Code.

4. Electromagnetic Interference. Each satellite antenna shall be filtered and/or shielded so as to prevent the emission of radio‐frequency energy that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to the granting of a building permit, the owner of the satellite antenna shall promptly take steps to eliminate the interference.

5. Satellite antennas shall be constructed of non‐combustible and corrosive‐resistant material.

6. Satellite antennas shall be constructed and erected in a secure and wind‐resistant manner.

7. The satellite antenna must be adequately grounded for protection against a direct strike of lightning.

8. Roof‐mounted satellite antennas shall have a certification from a structural engineer regarding the location stating that the structure is capable of handling the antenna and

that said antenna does not provide any additional stress which the structure cannot bear. b. Residential Districts A satellite receiving antenna may be located in any residential district provided that the same:

1. Shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height;

2. Shall be limited to one per zoning lot.

3. Shall not be roof‐mounted.

4. Shall be located only in a rear yard a minimum of ten feet from any lot line.

5. Ground‐mounted dishes shall not be located between a building and a street lot line. The full impact of satellite receiving antennas shall be reduced by screening. If the subject parcel adjoins a residential district, all antennas shall be placed a minimum of ten feet from any lot line and effectively screened by a fence, wall, or dense screening hedge to a maximum height of six feet. Said fence, wall or hedge shall be located on or near the lot line bounding the residential district and shall otherwise comply with the applicable zoning requirements governing its location. c. Office, Commercial and Industrial Districts A satellite receiving antenna may be located in any non‐residential district provided that the same.

1. Shall be neutral in color and bear no advertising emblem or information other than the name of the manufacturer in letters not to exceed two inches in height.

2. Shall be limited to one per zoning lot or per building, whichever is less.

3. Dishes must be mounted on either the ground or on a roof. No mounting above ground on poles of other structures shall be permitted.

4. If roof mounted shall not extend beyond the maximum height limit of the zoning district.

5. Ground‐mounted dishes shall not be located between a building and a street lot line. The full impact of satellite receiving antennas shall be reduced by screening. If the

subject parcel adjoins a residential district, all antennas shall be placed a minimum of ten feet from any lot line and effectively screened by a fence, wall, or dense screening hedge to a maximum height of six feet. Said fence, wall or hedge shall be located on or near the lot line bounding the residential district and shall otherwise comply with the applicable zoning requirements governing its location.

6. Shall occupy no more than thirty percent (30%) of the yard within which it is located.

4.8 Special Provisions for Senior Housing

4.8.1 Purpose

Site selection and development of senior citizen housing shall be designed, erected, maintained and occupied in accordance with the provisions of this section. The guidelines of this section are established in order to provide appropriate sites for the development of such housing and related facilities in locations, wherever possible, that are convenient to the Village’s social and welfare facilities, convenient to shopping, public transportation and other needs of senior citizens. Further, it is the purpose of this section to establish review criteria which are to be considered in selection and development of sites. These criteria and standards are established as recommendations against which any senior citizen housing development will be assessed.

4.8.2 Site Criteria and Development Standards a. The following criteria should be considered in the overall design and planning for senior citizen housing:

1. A facility should be located in convenient proximity to neighborhood facilities and services, including, but not limited to: medical services, grocery store, bank, pharmacy, retail shops, library parks, and services.

2. A senior citizen housing site should preferably be located within two (2) blocks of a bus stop.

3. Based on site conditions, and wherever practical, a senior citizen housing site should consider fully landscaped outdoor recreational areas. Consideration should also be given to a composition of small, intimate, private yard and court areas for a variety of passive recreational activities. Safety must be emphasized in the design. The project should also include indoor recreational and social areas accessible to residents for functions and activities.

4. Sufficient exterior illumination shall be provided for the safety and convenience of residents, guests and employees. Particular emphasis and sensitivity should be given to recreation areas, walkways and public access locations.

5. Overall development security should be considered in the design of the site. b. The following standards should apply in the development of senior citizen housing. Other standards may substitute if demonstrated to serve the safer and welfare of the developments residents.

1. Sidewalks should be a minimum width of 48 inches. It should be of a continuous common surface without abrupt changes in level or interruption of steps.

2. Slopes should be limited to an average of five percent (5%). Major on site routes should be limited to five percent (5%) slope, and building entries should have no more than a two‐and‐one‐half percent (2.5%) slope.

3. Ramps shall not exceed a gradient of 1:12 and shall include a dual handrail system parallel and along the edges of the ramp surface.

4. An Elevator shall be included in structures of two or more stories in height. The elevator shall be designed to accommodate wheel chairs.

5. Curb cuts on site shall be paired, flared ramps offset to allow defined curbs at the corner and the grade shall not exceed a maximum of 1:12 with raised marking to alert the visually impaired. c. Relationship to Plan Approval These criteria and standards shall apply to any request for a senior citizen housing development whether considered through site plan approval, special use permit or a Planned Unit Development or other amendment or administrative approval under this Ordinance.

4.9 Special Provision for Accessory Senior Citizen Dwellings

4.9.1 When Permitted

Accessory senior citizen dwellings may be located within single family detached structures only as a temporary use meeting the requirements of this section. A temporary permit for an accessory senior citizen dwelling is valid for a period of two (2) years, and may be renewable upon reverification of meeting the requirements of this Ordinance.

4.9.2 Application

Any application for a temporary zoning certificate or building permit for approval of an accessory senior citizen apartment shall include the following, in addition to any other permit requirements:

1. Proof that the residence for which a permit is sought is maintained as the legal full time owner occupied residence by the applicant seeking the permit.

2. A certification that at least one of the intended occupants of the accessory senior citizen dwelling, limited to no more than two (2), meet the definition of senior citizen of this Ordinance. Further, if more than one (1) person is intended to occupy the dwelling, he/she must be related to the principal householder.

3. A signed affidavit by the property owner which states the accessory apartment will be convened back as part of the principal dwelling upon vacation of its senior citizen occupancy.

4. A deed restriction to be recorded with the property in the Lake County Recorder of Deeds and the Office of Village Clerk stating that there is no right to let an accessory senior citizen dwelling and that the temporary permit for a senior citizen apartment dwelling ceases upon transfer of title of the property. The deed restriction shall make reference to the temporary permit authorized by the Village.

5. A written and acknowledged authorization for right‐of‐entry by the Zoning Administrator to inspect the premises within a twenty four (24) hour notification to ensure compliance under this Ordinance.

4.9.3 Size

Accessory senior citizen dwellings shall be located entirely within the existing principal residential structure. Accessory senior citizen dwellings shall not exceed thirty‐three percent (33%) of the total floor area of the principal dwelling in which it is located.

4.9.4 Appearance

The entry to the accessory senior citizen apartment shall be such that the appearance of the building shall remain as a single‐family residence. No new additional entrances to the front of the structure facing the street shall be permitted. No exterior stairways providing access above the ground floor shall be permitted.

4.9.5 Conversion

The applicant for a temporary use permit must establish to the satisfaction of the Zoning Administrator that the accessory apartment can easily be converted back as part of the single family dwelling upon expiration of the permit. If in the opinion of the Zoning Administrator, such conversion cannot be easily accommodated the permit may be denied. The Zoning Administrator may consult the Building Board of Appeals in such determination.

4.9.6 Revocation

The Zoning Administrator shall revoke any temporary permit issued hereunder should any applicant or tenant violate the provisions of this Ordinance.

4.10 Special Provision for Group Homes

In addition to the specific district regulations, each group home shall be required to be separated from any other group home a minimum distance of 1,320 feet, as measured from the closest distance between property lines.

4.11 Special Provisions for Medical Cannabis Facilities

4.11.1 Compliance with State Regulations and Rules:

All facilities shall comply with all rules and regulations adopted in accordance with the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098‐ 0122), or any successor legislation; and any related rules established by the Illinois Department of Agriculture, Department of Public Health, or other State or Federal Authority with jurisdiction concerning the growing or dispensing of Medical Cannabis.

4.11.2 Submittal Requirements:

After a pre‐application meeting with the Zoning Administrator, an applicant for a Conditional Use shall be required to submit plans and documents as deemed necessary, including, but not limited to, a Plat of Survey, a Site Plan, Engineering Plan, Architectural Plans and Elevations, Building Material Samples, Lighting Plan, Signage Plan, Business and Operational Plan, Security Plan, Traffic Impact Statement, Community Deleterious Prevention Plan, and any document required for a State license submittal application.

4.11.3 Minimum Setbacks from Incompatible Land Uses:

As measured from a medical cannabis facility property line, the following minimum setbacks from incompatible uses shall apply:

1. A dispensary may not be located within 1,000 feet of the property line of a public group day care home, or part day child care facility, child‐oriented commercial recreation uses, place of religious worship, cemetery, public or private park, forest preserve, or substance abuse treatment clinic or center.

2. A dispensary to be located in a B‐3 District may not be located within 500 feet of any property zoned in the RC, RE, R‐1, R‐2, MU‐1, MU‐2, or OS Districts or any property zoned for residential use.

3. A cultivation center may not be located within 2,500 feet of the property line of a public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility, child‐oriented commercial recreation uses, place of religious worship, cemetery, public or private park, forest preserve, substance abuse treatment clinic or center, any property zoned the RC, RE, R‐1, R‐2, MU‐1, MU‐2, or OS Districts or any property zoned for residential use.

4. A medical cannabis facility may not be located within 2,500 feet of the property line of any another medical cannabis facility.

4.11.4 Single Use Property and Building:

A medical cannabis facility shall be the sole use of a single lot, parcel, and/or property and located in a detached, single tenant building.

4.11.5 Design and Operational Standards:

Specific design and operational standards for a medical cannabis facility regarding, but not limited to, site design, parking, architecture, landscaping, lighting, engineering, signage, business operations, and security shall be reviewed and set as part of any Conditional Use Permit.

4.11.6 Parking:

1. Parking shall be located in an area which is visible from a public road or a private road that is accessible to the public.

2. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by cultivation or dispensary staff and continually recorded in a tamper proof format.

3. Medical cannabis dispensary:

a. A minimum of 100 parking spaces or as many spaces as determined by the Village Board to meet the parking demand of the facility.

b. A minimum of one (1) fully enclosed delivery bay capable of accommodating delivery vehicles to drive completely into the facility.

4. Medical cannabis cultivation center:

a. One (1) space per employee plus as many additional spaces as determined by the Village Board to meet the parking demand of the facility.

b. A minimum of one (1) fully enclosed delivery bay capable of accommodating delivery vehicles to drive completely into the facility.

4.12 Special Provisions for Backyard Hens

4.12.1 When Permitted

The keeping of backyard hens is permitted as an accessory use, and associated hen coops and enclosures are permitted as accessory structures, only on zoning lots located in the RC, RE, R1, R2, MU‐1, and MU‐ 2 zoning districts where the principal use of such lot is either: (i) a single‐ family detached dwelling or; (ii) a single‐family attached dwelling where the principal building consists of two dwelling units (a “Duplex”) located on two separate zoning lots and sharing a vertical common wall built on the shared side lot line (the “Shared Lot Line”). The requirements of this Section 4.12 shall apply to all backyard hens and hen coops and enclosures within the Village. Except as otherwise expressly provided in this Section 4.12, the keeping of hens and the construction and maintenance of hen coops and enclosures shall comply with all applicable regulations of the zoning district in which such uses and structures are located, including all regulations applicable to accessory uses and structures.

4.12.2 Size and Location

Hen coops and enclosures shall be permitted only in rear yards and shall be located no closer to any street lot line than the back of the principal

structure on the same lot. Hen coops shall be set back a minimum of eight (8) feet from all interior side and rear property lines and a minimum of twenty (20) feet from the principal single‐family detached dwelling or Duplex on the same lot. Where the principal use of the lot is a Duplex, the hen coop shall be set back from the Shared Lot Line a distance equal to 50 percent of the width of the zoning lot on which the coop is located. No hen coop shall exceed eight (8) feet in height. All fences shall comply with the regulations of Section 4.4 of this Article.

4.12.3 Appearance and Maintenance

Coops and other hen enclosures shall be constructed of and covered with uniform materials. All hen coops and enclosures shall be maintained in good condition, intact, and with all parts secure. Any repairs to hen coops or enclosures shall maintain consistency with the original structure in appearance and condition. Coops and enclosures must be replaced, removed, or repaired upon evidence of material deterioration or disrepair.

4.12.4 Additional Regulations

The keeping of hens and the construction and maintenance of all hen coops, enclosures, and other associated structures, equipment, and materials shall strictly comply with all applicable laws and regulations including the regulations set forth in Section 6‐3‐4.1 of the Volo Village Code.

4.13 Special Provisions for Boat and Boat Trailer Storage

4.13.1 Location

Indoor and outdoor storage of boats and boat trailers may be established only in accordance with all applicable district regulations and the additional requirements of this section 4.13. Such boat storage uses may be established only on properties that: (a) are less than two acres in size; (b) have frontage on Volo Village Road or US Highway 12; and (c) are located within 150 feet of a property within the Village that is used for retail boat sales and that is under common ownership with the boat storage use.

4.13.2 Screening

Boat storage uses shall be fully screened from all public streets and adjacent properties by opaque fencing. Such fencing shall be not less than

eight feet high along public streets and not less than six feet high along interior side and rear lot lines.

4.13.3 Boat Storage Regulations

Boats and boat trailers stored outdoors must be kept on improved or semi‐ improved surfaces covered by asphalt, concrete, gravel, or similar material approved by the Village. Boats shall not be permitted to be stacked or stored on multi‐level racks except within a fully enclosed building. Boats and boat trailers may not be stored in any manner that obstructs reasonable access to structures or facilities on the subject property, including access for emergency vehicles and personnel, or that otherwise creates a hazard to the public health, safety, or welfare. If boats stored outdoors are wrapped, the boat wrap shall be white in color.

4.14 Alternative Energy Systems (AES)

a. Purpose. The purpose of this Section 4.14 is to:

1. Establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of Alternative Energy Systems (AES);

2. Assure that any development and production of wind, solar, and geothermal generated electricity in the Village is safe and to minimize any potentially adverse effects on adjoining properties and the broader community;

3. Promote the supply of sustainable and renewable energy resources, in support of national, state, and local goals; and

4. Facilitate energy cost savings and economic opportunities for Village residents and businesses.

b. Definitions. Notwithstanding Section 2.3 of this Ordinance, when used in this Section 4.14 the following terms shall have the meanings herein ascribed to them:

Alternative Energy System (AES): Any wind energy system (WES), solar energy system (SES), or geothermal energy system (GES), as further defined in this Section 4.14.

Abandoned AES: An AES that has not been repaired to Operating Condition within the applicable timeframe set forth in Section 4.14.c.9 of this Ordinance, or for

which the owner has not made all submissions required pursuant to Section 4.14.g of this Ordinance.

Ambient Sound: The all‐encompassing sound at a given location, usually a composite of sounds from many sources near and far. For the purpose of this Section 4.14, the “ambient sound level” shall mean the quietest of ten 10‐second average sound levels measured when there are no nearby or distinctly audible sound sources (e.g., dogs or jets). Daytime ambient measurements should be made during mid‐morning weekday hours, while nighttime measurements should be made after midnight.

Blade: The portion of a WES that is designed to capture the wind, causing the shaft to turn.

Blade Tip: The farthest extremes of a blade.

BSES‐M, Flush Mounted: A BSES‐M that is mounted to a finished roof surface where the solar collector, once installed, projects no further than six (6) inches in height beyond the roof surface.

BSES‐M, Non‐Flush Mounted: A BSES‐M that is mounted to a finished roof surface where the solar collector, once installed, projects more than six (6) inches in height beyond the roof surface.

Building Integrated Solar Energy System (BSES‐I): A SES that is accessory to a principal use and that is an integral part of a principal or accessory building, rather than a separate mechanical device, that replaces or substitutes for an architectural or structural part of the building. BSES‐I include, but are not limited to, photovoltaic or hot water systems that are contained within roofing materials, skylights, shading devices, and similar architectural components.

Building Mounted Solar Energy System (BSES‐M): A SES that is accessory to a principal use and professionally mounted on the roof of a principal building or accessory structure if allowed by the Village’s Building Code. A BSES‐M can be flush mounted or non‐flush mounted.

Daytime Hours: The hours of the day from 7:00 am to 10:00 pm.

Decibel (dB): The unit of sound level based on a reference where 0 dB represents the threshold of hearing at 1000 Hz for a healthy young adult.

FAA: The Federal Aviation Administration of the United States Department of Transportation.

FCC: The Federal Communications Commission.

Geothermal Energy System (GES): A sealed, watertight loop of pipe buried outside of a building foundation, intended to re‐circulate a liquid solution through a heat exchanger. This includes but is not limited to: vertical closed loop, horizontal closed loop, and body of water closed loop system.

Ground Mounted Solar Energy System (GSES): A free‐standing SES that is accessory to a principal use and is placed on or mounted to the ground.

Height: When used in reference to a WES, "height" shall mean the vertical distance measured from grade to the highest point of the WES, including the top of the extended blade. When used in reference to any other structure, "height" shall have the meaning set forth in Section 2.3 of this Ordinance.

High Quality Aquatic Resource: Waters of the United States or Isolated Waters of Lake County that are determined to be critical due to their uniqueness, scarcity, function, and/or value, in accordance with the Lake County Watershed Development Ordinance.

Horizontal Axis Wind Turbine (HAWT): A turbine for which the main rotor shaft is arranged horizontally, and typically for which the main rotor shaft and generator are located at the top of the tower on which the WES is mounted and pointed into the wind in order to generate electricity.

Low‐Frequency Sound: Sound with frequencies below 100 Hz, including audible sound and sound at a frequency below that of human hearing (i.e. infrasound).

Nacelle: That part of a turbine containing the shaft, gear box, and generator.

Nameplate Wattage: The amount of energy produced from a WES at maximum or optimum wind speeds within one hour, as indicated by the manufacturer.

Nighttime Hours: The time between 10:00 pm on one calendar day and 7:00 am on the next calendar day.

Nonparticipating Property: A property that is not owned by the owner of the property on which a WES is proposed or installed.

Operable Condition: For any AES, the condition of being capable of operating at full capacity while meeting all applicable conditions set forth in this Ordinance.

Photovoltaic Cell: A semiconductor device that converts solar energy directly into electricity.

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Shadow Flicker: The on‐and‐off strobe light effect caused by the shadow of moving blades cast by the sun upon a turbine's blades.

Shadow Flicker Intensity: The difference or variation in brightness at a given location in the presence and absence of a shadow.

Silhouette: The area covered by moving blades of a WES turbine, as viewed from the front elevation, described in square feet.

Solar Collector: A professionally manufactured device structure or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, or electrical energy.

Solar Collector Surfaces: Any part of a solar collector that absorbs solar energy for use in the collector’s energy transformation process. The solar collector surface does not include frames, supports and mounting hardware.

Solar Energy System (SES): An active or passive system for which the primary purpose is to convert solar energy into thermal, mechanical, or electrical energy for storage and use.

Sound Level: The A‐weighted sound level in decibels (dB) (or the C‐weighted level, if specified).

Structural Engineer: An Engineer who is licensed and registered to practice structural engineering in the State of Illinois under the Illinois Structural Engineering Act and whose principal professional practice is in the field of structural engineering.

Sun Glint: The reflection of sunlight off of a surface of the turbine, tower, or other component of a WES.

Tower: The structure on which a turbine is mounted, which structure is a component of a WES.

Turbine: The blades, nacelle, and tail of a WES.

Vertical Axis Wind Turbine (VAWT): A turbine of which the main rotor shaft is arranged vertically and that does not need to be pointed into the wind in order to generate electricity.

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Wind Energy System (WES): A wind energy production, conversion, and distribution system consisting of a wind turbine, tower, and associated electronics equipment.

c. General Regulations. Except as specifically provided otherwise in Sections 4.14.d, 4.14.e, and 4.14.f of this Ordinance, all AES shall comply with the general regulations set forth in this Section 4.14.c.

1. Location. AES may be established in the Village only as accessory structures and uses, and only in the zoning districts and locations expressly authorized by this Section 4.14.

2. Compliance with Laws. All AES shall comply with all applicable Village, state, and federal laws and regulations, including, without limitation, the provisions of this Section 4.14, this Ordinance, and all Village building ordinances and regulations.

3. Compliance with Permits. All AES shall comply with all applicable AES permits issued pursuant to this Section 4.14, including, without limitation, all conditions imposed by the Village as a condition of issuance of the permits.

4. Interference with Utilities, Roads, and Neighboring Properties. No AES shall be operated in a manner so as to interfere with any public right‐of‐ way or any utility system in the Village, or so as to interfere with the reasonable use and enjoyment of any other property in the Village.

5. General Engineering Regulations.

i. Each AES shall conform to all applicable industry standards, including, without limitation, the standards developed by the American National Standards Institute (ANSI).

6. General Installation Regulations.

i. AES facilities must be installed according to manufacturer specifications.

ii. All necessary electrical connections must be made by a licensed electrician.

iii. All electrical lines connecting to an AES not installed on a primary structure shall be installed underground.

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iv. All AES and associated equipment shall be screened from view of adjoining properties, in a manner not to adversely affect its operation, with landscaping or screen walls consistent with the principal structure design, materials, and colors.

7. Maintenance.

i. AES facilities shall be maintained in Operable Condition at all times, except for reasonable maintenance and repair outages.

ii. Should an AES become inoperable, or should any part of the AES become damaged, or should an AES violate a permit condition, the owner of the AES shall cease operations immediately and remedy the condition within 90 days after receipt of a notice from the Village regarding the condition; provided, however, that if the condition presents an immediate threat to the public health, safety, or welfare, the owner of the AES shall remedy the condition promptly.

8. Signage.

i. No AES shall have any advertising material, writing, picture, or signage other than warning signage or manufacturer or ownership information.

ii. No flag, decorative sign, streamers, pennants, ribbons, spinners or waiving fluttering or revolving devices shall be attached to any portion of an AES.

iii. The sign area of any sign displaying the manufacturer’s identification or ownership information shall be no larger than one square foot.

9. Decommissioning.

i. An AES that is not in Operable Condition for a period exceeding 30 consecutive days, shall be deemed abandoned. The owner of an abandoned AES and the owner of the property on which the AES is located shall cause the removal of all AES structures and facilities within 30 days after receipt of a notice of abandonment from the Village.

ii. Any abandoned AES that is not removed within 30 days after receipt of notice of abandonment shall be deemed a public

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nuisance, which nuisance the Village shall have the right, but not the obligation, to summarily abate by removing the AES at the joint and severable expense of the owners of the AES and of the property on which the AES is located. In the case of such removal, the Village shall have the right, but not the obligation, to file a lien for reimbursement of any and all expenses incurred by the Village in connection with the removal, including without limitation, attorney fees and accrued interest.

iii. Upon removal of the AES, the subject property shall be restored to its original pre‐AES construction condition.

10. Architectural Standards. The design, materials, and location of all proposed AES facilities shall be compatible with neighboring buildings.

11. Use and Energy Production Restrictions. An AES must be an accessory use to another use on the subject property and shall not be permitted as a primary “stand‐alone” use. The primary purpose of the AES shall be the production of energy for local distribution and consumption on the property on which the AES is located. An AES shall not be constructed for the sole purpose of energy production for wholesale or retail sale purposes; provided, however, that energy produced in excess of on‐site consumption may be sold back to the electric utility service provider that serves the subject property for use with the existing energy grid.

d. Additional Regulations for Wind Energy Systems (WES)

1. General Engineering Regulations.

i. All WES facilities shall be designed to withstand a minimum wind velocity of 100 miles per hour, with an impact pressure of 40 pounds per square foot.

ii. All WES facilities shall be equipped with automatic and manual braking systems.

iii. For turbines greater than 20 kilowatts (kw) of nameplate capacity, the seal of a Structural Engineer shall be required.

2. General Sound Level Regulations.

i. The average sound level produced by a WES shall not exceed the following maximums in the following locations:

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1) On any Nonparticipating Property located within a residential district or used for residential purposes or for a school: 55 dB(A) during daytime hours, and 45 dB(A) during nighttime hours;

2) On any Nonparticipating Property used for industrial purposes: 65 db(A) at any time; and

3) On any other Nonparticipating Property: 60 db(A) at any time.

ii. No WES shall operate with an average sound level more than 5 dB(A) above the non‐operational ambient level, as measured on any Nonparticipating Property used for residential purposes or for a school that is within 500 feet of the WES, or, if none, on any other Nonparticipating Property.

iii. To limit the level of low‐frequency sound, the average C‐weighted sound level during WES operation shall not exceed the A‐weighted ambient sound level by more than 20 dB.

iv. Sound level meters used for sound measurement must meet the requirements of a Type 2 or better precision instrument according to ANSI S1.4 (American National Standard Specification for Sound Level Meters), and must measure the average sound level using an integrating sound level meter that meets the requirements of ANSI S1.43 (American National Standard Specifications for Integrating Averaging Sound Level Meters). Measurement procedures must meet the applicable portions of ANSI S1.29. Average sound‐level shall be calculated by time‐averaging sound levels for a period of not less than one minute nor more than two minutes. Measurements shall not be made when ground level winds exceed 10 miles per hour.

v. For purposes of calculating sound levels, 5 dB(A) shall be added to the measured average sound level from a WES as a penalty when its sound emissions have an adverse character, as determined by the Village’s Building Commissioner in his sole discretion, that includes, without limitation, prominent tones (e.g. a humming sound) or an amplitude fluctuation in synchronicity with the blade revolution (e.g. a periodic swishing sound).

vi. The Village may require the owner of a WES, as the Village may determine necessary and at the owner’s sole expense, to obtain

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field tests or sound propagation modeling, conducted or supervised by an acoustics specialist certified by the Institute of Noise Control Engineering, to determine whether a violation of this Section 4.14.d.2 is occurring or has occurred. In the event that a violation is occurring, the owner shall immediately discontinue operation of the WES and promptly remedy the violation.

3. General Shadow Flicker Regulations.

i. No shadow flicker caused by any WES shall fall on any Nonparticipating Property that is either located in a residential district or that is used for residential purposes or for a school:

1) at any time upon any building on a Nonparticipating Property that exists as of the date of first operation of the WES; or

2) for more than 50 hours in a calendar year upon any portion of the buildable area of the Nonparticipating Property.

ii. No shadow flicker caused by any WES shall fall on any Nonparticipating Property that is not located in a residential district and that is not used for residential purposes or for a school:

1) for more than one hour on any calendar day on any window of a building that exists as of the date of first operation of the WES; or

2) for more than 50 hours in a calendar year upon any portion of the buildable area of any Nonparticipating Property. In the event that an existing WES causes shadow flicker on a particular window of a Nonparticipating Property, no other WES may be constructed or operated in a manner that would cause shadow flicker on that window in excess of the limitations set forth in this Section 4.14.d.3.

3) As a condition of any permit issued pursuant to this Section 4.14, the Village may require the Applicant to commit to a schedule for turning WES turbines off, in order to ensure compliance with the applicable shadow flicker regulations set forth in this Section 4.14.d.3.

4. Cessation of Operation in Emergency. The owner of the WES shall be required to immediately cease operation of the WES for the duration of

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any emergency, as determined by the Village. For purposes of this Section 4.14.d.4, an emergency shall mean a condition or situation caused by the WES or a natural or manmade disaster that presents an imminent physical threat of danger to life or significant threat to property.

5. Electronic Interference. WES facilities shall not be operated so as to cause electromagnetic degradation in performance of microwave, television, radio, internet or other wireless transmissions, including public emergency communications systems, in a manner contrary to FCC regulations or other federal, state or local laws. For purposes of this Section 4.14.d.5, "degradation in performance" shall be determined in accordance with the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers, and the Electrical Industries Association.

6. Maintenance Covenant. An executed maintenance covenant, on a form provided by the Village, providing that the owner and all subsequent owners of the subject property will maintain the WES in accordance and compliance with this Section 4.14 and with the maintenance directions issued by the manufacturer of the WES.

i. Upon the approval of a permit for a WES, the Village shall record the maintenance covenant submitted with the Recorder of Deeds of Lake County, Illinois.

7. Building‐Mounted Wind Energy Systems (BWES).

i. Permitted Locations. BWES shall be allowable subject to issuance of a special use permit and as accessory uses and accessory structures only on zoning lots located in the B2, B3, LI, and OR zoning districts and on zoning lots located in the MU‐1 and MU‐2 zoning districts that have a non‐residential principal use. Except as otherwise expressly provided in this Section 4.14.d.7, BWES shall comply with all applicable regulations of the zoning district in which such use and structures are located, including all regulations applicable to accessory uses and structures, and all applicable requirements of this Section 4.14.

1) Unless otherwise provided by the special use permit, there shall be a limit of one (1) BWES per zoning lot.

ii. Installation. BWES devices may be structurally attached either on the roof or on the side of a building, if in accordance with the Village Building Code.

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1) BWES shall not extend more than two (2) feet beyond the exterior perimeter of the building on which they are mounted, as measured horizontally from the façade or roof edge on which they are mounted.

iii. Height. No portion of any BWES shall extend more than 15 feet above the highest point of the building on which it is mounted, but in no case shall exceed 65 feet above the ground.

iv. Diameter. Unless otherwise provided by the special use permit, the maximum diameter of a BWES shall be as follows:

1) For a BWES that is mounted on a residential building, or on a property abutting a Nonparticipating Property that is located within a residential district or used for residential purposes, the diameter of the BWES shall not exceed the lesser of 10 feet, or 20 percent of the width of the front elevation of the building on which the BWES is mounted.

2) For all other BWES, the diameter shall not exceed the lesser of 10 feet, or 50 percent of the width of the front elevation of the building on which the BWES is mounted.

v. Color and Sun Glint. BWES facilities shall be finished in a neutral color. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the BWES.

8. Small Wind Energy Systems (SWES).

i. Permitted Locations. SWES shell be allowable subject to issuance of a special use permit and as accessory uses and accessory structures only on zoning lots located in the RC, B2, B3, LI, and OR zoning districts and on zoning lots located in the MU‐1 and MU‐2 zoning districts that have a non‐residential principal use. Except as otherwise expressly provided in this Section 4.14.d.8, SWES shall comply with all applicable regulations of the zoning district in which such use and structures are located, including all regulations applicable to accessory uses and structures, and all applicable requirements of this Section 4.14.

1) Unless otherwise provided by the special use permit, there shall be a limit of one (1) SWES per zoning lot.

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ii. Setbacks. All portions of all SWES (including, without limitation, the blades of any turbines) shall comply with the generally applicable setback restrictions for the zoning district in which the SWES is located and with the following setback restrictions, to be measured from the base of the SWES tower:

1) SWES shall be set back from all property lines, third party transmission lines, and communication towers a minimum distance equal to 110 percent of the height of the SWES.

2) Guy wires and anchoring systems shall not be located closer than 30 feet from any property line or public right‐of‐way.

iii. Installation. SWES shall be installed in conformance with the following:

1) No SWES shall be located in the street yard of any property.

2) No part of a SWES shall be located in or protrude into any recorded easement.

3) No SWES may not be constructed within 50 feet of any body of water or wetlands, nor within 100 feet of any High Quality Aquatic Resources.

iv. Height.

1) SWES Height. No portion of any SWES shall exceed 65 feet in height.

2) Blade Tip Height. The blade tip, at its lowest point, shall not be located at a height lower than 15 feet above the ground.

v. Diameter. Unless otherwise provided by the special use permit, the diameter of a SWES shall not exceed 10 feet.

vi. Color and Sun Glint. SWES facilities shall be finished in a neutral color. The finish shall be flat or matte, so as to reduce incidence of sun glint. The required coloration and finish shall be maintained throughout the life of the SWES.

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vii. Climb Prevention. The base of the tower shall not be climbable for a vertical distance of 15 feet from the base, unless the tower is enclosed with a locked fence that is at least 8 feet in height.

viii. Lighting.

1) SWES facilities shall comply with all applicable FAA lighting regulations and any other federal, state or Village lighting regulations.

2) SWES facilities shall not be artificially lighted except as expressly required by the FAA or as necessary for the safety of personnel performing maintenance of, or repairs to, the facilities. Any such artificial lighting shall be shielded so that no glare extends substantially beyond the property lines of the property on which the SWES is located.

3) Any security or emergency lighting shall be used only to the minimum extent necessary.

4) In order to reduce the impact on local wildlife, only red, dual red‐and‐white strobe, strobe‐like, or flashing lights shall be used for SWES facilities.

ix. Signage. One or more warning signs, no less than eighteen square inches and no greater than two square feet in area, shall be posted at the base of an SWES tower. The sign shall include a notice of no trespassing, a warning of high voltage, and the emergency telephone number of the owner of the SWES.

x. Environmental Impact.

1) SWES facilities, and the property on which such facilities are located, shall be maintained in accordance with the environmental plan submitted pursuant to Section 14.4.g.2.iii.4 of this Ordinance.

2) In order to reduce potential bird perching and nesting, all towers used for SWES facilities shall be designed as enclosed tubular structures with pointed tops (monopoles), rather than lattice structures, unless alternative mitigation strategies are otherwise approved by the Village.

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xi. Reporting to Village. Not less than once every 12 months, the owner of each WES shall submit to the Village a sworn statement that the operation and maintenance of the WES has been performed in compliance with all applicable directions issued by the manufacturer thereof, along with supporting evidence as may be requested by the Village.

e. Additional Regulations for Solar Energy Systems (SES)

1. Building Mounted Solar Energy Systems (BSES‐M)

i. Permitted Locations.

1) BSES‐M, Flush Mounted are permitted as an accessory use and as accessory structures only on zoning lots in the RC, RE, R1, R2, MU‐1, MU‐2, B1, B2, B3, LI, and OR zoning districts.

2) BSES‐M, Non‐Flush Mounted are permitted as an accessory use and as accessory structures only on zoning lots in the B2, B3, LI and OR zoning districts or the MU‐1 and MU‐2 zoning districts where the principal use of such lot is non‐ residential.

a) BSES‐M, Non‐Flush Mounted may only be installed on buildings with a flat roof.

3) Except as otherwise expressly provided in this Section 4.14.e.1, BSES‐M shall comply with all applicable regulations of the zoning district in which such use and structures are located, including all regulations applicable to accessory uses and structures, and all applicable requirements of this Section 4.14.

ii. Installation. BSES‐M may be structurally attached to the roof of a building, if in accordance with the 2003 International Building Code (as amended). The BSES‐M shall occupy a maximum of 80% of the roof area unless otherwise determined by the Fox Lake or Wauconda Fire Protection District.

1) BSES‐M can be installed on the principal structure of a lot or an accessory structure if allowed by Village Building Codes.

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2) BSES‐M shall not extend more than two (2) feet beyond the exterior perimeter of the building on which they are mounted, as measured horizontally from the façade or roof edge on which they are mounted.

iii. Height. No portion of a BSES‐M shall extend more than five (5) feet above the roof, but in no case shall exceed the maximum building height requirement of the zoning district in which it is located.

2. Building – Integrated Solar Energy System (BSES‐I).

i. Permitted Locations. BSES‐I are permitted as an accessory use and as accessory structures only on zoning lots located in the RC, RE, R1, R2, MU‐1, MU‐2, B1, B2, B3, LI, and OR. Except as otherwise expressly provided in this Section 4.14.e.2, BSES‐I shall comply with all applicable regulations of the zoning district in which such use and structures are located, including all regulations applicable to accessory uses and structures, and all applicable requirements of this Section 4.14.

ii. Installation. BSES‐I shall occupy a maximum of 80% of the roof area unless otherwise determined by the Fox Lake or Wauconda Fire Protection District.

1) BSES‐I can be installed on the principal structure of a lot or an accessory structure if allowed by Village Building Codes.

3. Ground Mounted Solar Energy Systems (GSES).

i. Permitted Locations. GSES shall be allowable subject to issuance of a special use permit and as accessory uses and accessory structures only on zoning lots located in the RC, RE, R1, R2, MU‐1, MU‐2, B1, B2, B3, LI, and OR zoning districts. Except as otherwise expressly provided in this Section 4.14.e.3, GSES shall comply with all applicable regulations of the zoning district in which such use and structures are located, including all regulations applicable to accessory uses and structures, and all applicable requirements of this Section 4.14.

ii. Setbacks. GSES shall be set back a distance equal to or more than one times the system height of 10 feet.

iii. Lot Coverage. The total solar panel surface area shall not exceed 1% of the total lot area.

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iv. Installation. GSES shall be installed in conformance with the following:

1) No GSES shall be located in the street yard of any property.

2) No part of a GSES shall be located in or protrude into a dedicated easement.

v. Height. No portion of any GSES shall exceed 10 feet in height.

4. Exempt SES. SES used to generate electricity for stand‐alone light fixtures including street lights, area lights, and regulatory signs shall be exempt from the requirements of this Section 4.14.

f. Additional Regulations for Geothermal Energy Systems (GES)

1. Permitted Locations. GES are permitted as an accessory use and as accessory structures only on zoning lots located in the RC, RE, R1, R2, MU‐ 1, MU‐2, B1, B2, B3, LI, and OR zoning districts. Except as otherwise expressly provided in this Section 4.14.f., GES shall comply with all applicable regulations of the zoning district in which such use and structures are located, including all regulations applicable to accessory uses and structures, and all applicable requirements of this Section 4.14.

2. Installation. GES shall be installed in conformance with the following:

i. No GES shall be located in the street yard of any property.

ii. No part of a GES shall be located in or protrude into a recorded easement.

3. Height. No portion of any GES shall exceed 10 feet in height.

g. Application Requirements. In addition to such other data and information ordinarily required in connection with an application for a building permit or special use permit, if applicable, an applicant for an AES must submit to the Village as part of its application at least the following information:

1. Generally Applicable Requirements.

i. Name, address and telephone number of the applicant.

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ii. Name, address and telephone number of the person, firm or corporation constructing and installing the SES.

iii. Manufacturer's Directions. A copy of the directions issued by the manufacturer of the proposed AES for the proper installation, operation, and maintenance of the AES.

iv. A certificate of compliance demonstrating the system has been tested and approved by the Underwriters Laboratories (UL) or other approved independent testing agency.

v. Approval letter from the local electric utility company, if the system is to be connected to the energy grid.

vi. Any other information required by the Village to show full compliance with this and other applicable laws, ordinances, rules and regulations.

2. Application Fee. Unless otherwise provided by the Permit Fee Schedule established by the President and Board of Trustees from time to time, no application fee shall be required in connection with a special use permit for an AES.

3. Applications for WES.

i. Generally Applicable Requirements.

1) Project Proposal.

a) A project summary, including, without limitation, the manufacturer information and number of proposed turbines.

b) Current photographs of the proposed location of the WES.

c) A front elevation depiction of the subject property, showing the location and proposed height of the top of the turbine from top of the building.

2) Certification of Design Compliance. A certification of design compliance for the proposed WES with respect to the applicable noise, structural, and safety regulations set forth in this Section 4.14, which certification must have been

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obtained from Underwriters Laboratories (UL), National Renewable Energy Laboratories (NREL), Det Norske Veritas (DNV), Germanischer Lloyd Wind Energie (GL), or an equivalent third party.

3) Insurance. Proof of homeowner or business general liability insurance, as appropriate, with a minimum coverage level of $1,000,000 per occurrence for bodily injury and property damage.

4) Contact Information. The name of a local contact with authority to operate or repair the proposed WES as needed and at any time, and the telephone number at which such contact may be reached on a 24‐hour basis. At all times during which the WES is in Operable Condition, the applicant shall have the duty to notify the Village of any changes to the information required pursuant to this Section 4.14.g.2.i.4.

ii. Additional BWES Requirements.

1) Engineering Plans. Engineering plans, which must include, without limitation, the manufacturer's engineering specifications of the turbine, nameplate wattage capacity, dimensions of the turbine unit, mounting mechanisms, expected load and expected sound level production.

2) Site Plan. A site plan, drawn to scale, signed and sealed by a Professional Engineer licensed in the State of Illinois, and including, without limitation, the following:

a) The location of any overhead or underground power lines and utility easements; and

b) The locations and the expected duration of shadow flicker caused by the BWES facility.

iii. Additional SWES Requirements.

1) Engineering Plans. Engineering plans, which must include, without limitation, the manufacturer's engineering specifications of the tower, turbine and foundation, detailed drawing of electrical components and installation details, and expected sound level production (see Sound

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Level standards below). For turbines with a nameplate wattage capacity exceeding 20 kilowatts, the plans must be sealed by a Structural Engineer.

2) Site Plan. A site plan, drawn to scale, signed and sealed by a Professional Engineer licensed in the State of Illinois, and including, without limitation, the following:

a) The existing and proposed contours, at a minimum of two‐foot intervals;

b) The location, setbacks, exterior dimensions and square footage of all structures on the subject property and all nonparticipating properties located within 100 feet of the subject property;

c) The location and size of existing waterways, wetlands, one hundred‐year floodplains, sanitary sewers, field drain tiles, storm sewer systems, aquifers, and water distribution systems;

d) The location of any overhead or underground power lines and utility easements; and

e) The locations and the expected duration of shadow flicker caused by the SWES facility.

3) Soil Studies. For all proposed turbines of a structural weight greater than 5,000 pounds, the applicant shall submit a soil analysis measured at the proposed location for the base of the proposed tower and a drawing stamped by a Structural Engineer, in order to demonstrate that the soils are able to support the structural weight of the proposed SWES. For purposes of this Section 4.14.g.2.iii.3, structural weight shall include the tower, wind turbine generator, and any other components otherwise supported by the base foundation of the proposed SWES.

4) Environmental Impact Studies and Plans.

a) Upon request of the Village, the applicant shall submit evaluations regarding the impact of the proposed SWES on the local environment and local wildlife from the Illinois Department of Natural

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Resources, the United States Fish and Wildlife Service, and the Lake County Soil and Water Conservation District.

b) Upon request of the Village, the applicant shall submit an environmental plan to mitigate or eliminate any adverse impact of the proposed SWES on the local environment and local wildlife, which plan shall be subject to the approval of the Village in consultation with the Illinois Department of Natural Resources and the United States Fish and Wildlife Service.

4. Applications for SES.

i. Engineering Plans. Engineering plans, which must include, without limitation, the manufacturer's engineering specifications of the solar collectors and devices including wattage capacity, dimensions of collectors, mounting mechanisms and/or foundation details and structural requirements.

ii. Additional Requirements for BSES‐M and BSES‐I.

1) Elevation drawings(s) and/or photographs showing location, size and design details of the BSES‐M or BSES‐I.

iii. Additional Requirements for GSES.

1) Site Plan. A site plan, drawn to scale, signed and sealed by a Professional Engineer licensed in the State of Illinois, and including, without limitation, the following:

a) The existing and proposed contours, at a minimum of two‐foot intervals;

b) The location, setbacks, exterior dimensions and square footage of all structures on the subject property;

c) The location and size of existing waterways, wetlands, one hundred‐year floodplains, sanitary sewers, field drain tiles, storm sewer systems, aquifers, and water distribution systems;

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d) The location of any overhead or underground power lines and utility easements; and

5. Applications for GES.

i. Site Plan. A site plan, drawn to scale, signed and sealed by a Professional Engineer licensed in the State of Illinois, and including, without limitation, the following:

1) The existing and proposed contours, at a minimum of two‐ foot intervals;

2) The location, setbacks, exterior dimensions and square footage of all structures on the subject property;

3) The location and size of existing waterways, wetlands, one hundred‐year floodplains, sanitary sewers, field drain tiles, storm sewer systems, aquifers, and water distribution systems;

4) The location of any overhead or underground power lines and utility easements; and

h. Indemnification. The owner of each AES, and the owner of the property on which the AES is located, shall jointly and severally defend, indemnify and hold harmless the Village and its officials from and against any and all claims, demands, losses, suits, causes of action, damages, injuries, costs, expenses and liabilities whatsoever including attorney’s fees arising out of any permit, approval, inspection, or other act or omission of the Village, or any acts or omissions of the owners concerning the operation of the AES project without limitation, whether said liability is premised on contract or on tort.

4.15 Special Provisions for Cannabis Business Establishments

4.15.1 Buffer Requirements

a. Buffer Requirements for All Cannabis Business Establishments

A cannabis business establishment may not be located within 300 feet of a previously‐ existing nursery school, pre‐school, primary school, secondary school, religious assembly use, child day care facility, public park, recreation center, or substance abuse treatment clinic or center.

For purposes of this subsection 4.15.1(a), buffer distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the

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exterior wall of the building in which the cannabis business establishment is located to the nearest point on the property line of the property on which the protected use is located. For a cannabis business establishment located in a multi‐tenant or multi‐ occupancy building with individually demised spaces, the exterior wall of the demised space occupied by the cannabis business establishment shall be deemed the exterior wall of the building in which the cannabis business establishment is located.

b. Additional Buffer Requirements for Cannabis Dispensaries and Cannabis Businesses Co‐ Located with Cannabis Dispensaries

In addition to conforming with the buffer requirements of subsection 4.15.1(a) an: (i) adult‐use cannabis dispensary, or (ii) cannabis business establishment consisting of an adult‐use cannabis dispensary co‐located with an adult‐use cannabis craft grower or infuser, shall not be located within 300 feet of a pre‐existing dwelling unit.

For purposes of this subsection 4.15.1(b), buffer distances shall be measured in a straight line, without regard to intervening structures or objects, from the nearest point on the exterior wall of the building in which the cannabis business establishment is located to the nearest point on the exterior wall of the pre‐existing dwelling unit. For a cannabis business establishment located in a multi‐tenant or multi‐occupancy building with individually demised spaces, the exterior wall of the demised space occupied by the cannabis business establishment shall be deemed the exterior wall of the building in which the cannabis business establishment is located.

4.15.2 Co‐Location

An adult‐use cannabis craft grower or adult‐use cannabis infuser may be co‐located on the same zoning lot with an adult‐use cannabis dispensary if such co‐location is permitted by the use regulations for the zoning district in which the cannabis business establishment is located. Co‐located cannabis business establishments may share premises on a single zoning lot and allocate the square footage of such premises between the two businesses to the extent permitted by the Cannabis Regulation and Tax Act, 410 ILCS 705/1‐1 et seq.

4.15.3 Off‐Street Loading

Cannabis business establishments shall provide off‐street loading berths as required by Section 9.3.

4.15.4 Odors and Emissions

Emission of dust, fumes, vapors, or odors in a manner that impacts neighboring premises or properties or any public property or right‐of‐way shall be prohibited.

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4.15.5 On‐Premises Consumption

On‐premises consumption of cannabis and cannabis‐infused products shall be prohibited within a cannabis business establishment or anywhere on the property occupied by a cannabis business establishment.

ARTICLE 5: ZONING DISTRICTS

5.1 Establishment of Districts

5.1.1 Districts For the purpose of this Ordinance the Village of Volo, Illinois is hereby divided into the following districts: a. “RC” Rural Countryside Single‐Family Detached Residence District. b . “RE” Rural Estate Single‐Family Detached Residence District. c. “R1” Low Density Single‐Family Detached Residential District. d. ‘R2” Medium Density Single‐Family Detached Residential District. e. “MU‐1” Mixed‐Use Residential/Commercial District f. “MU‐2” Mixed‐Use Residential/Commercial District g. “B1/P.U.D.” Community Business District h. “B2” Neighborhood Business District i. “B3” Regional Business District j. “L1’ Light Industrial District k. “OR” Office/Research District l. “OS” Open Space District m. “CO” Corridor Overlay District

5.2 “RC” Rural Countryside Single‐Family Detached Residence District

5.2.1 Purpose The RC District is established to protect and preserve on an interim basis areas of the Village which are presently rural or agricultural in character and use. District standards are established to permit development compatible with the preservation of their existing rural character and agricultural use until such time that conversion to more intensive uses may be warranted as contemplated in the Comprehensive Plan.

5.2.2 Permitted Uses (Numbers with parentheses () indicate the parking classification for each permitted or special use. For specific parking requirements see Section 9.2.)

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Agricultural Uses, including: Adult‐Use Cannabis Cultivation Center (33) (subject to the requirements of Section 4.15) Arboretum or botanical garden (17) Cropland (30) Greenhouse, non‐retail (29) Nursery, non‐retail (30) Seasonal sale of farm produce (30) Stable, private (horses only, not to exceed one (1) horse per two (2) acres (30) on a zoning lot Single‐family detached dwellings. (01) Home occupations Public open lands, refuges, or preserves Accessory uses to dwellings, incidental to and on the same zoning lot as a principal permitted use in accordance with Section 4.3.

5.2.3 Special Uses subject to the requirements of Section 3.10.2:

Cemeteries (30) Church or other place of worship (06,22) Community living centers, congregate living centers, or senior citizen housing (05) Cultural institutions, including public libraries, museums and art galleries (07) Day care centers, nurseries, and/or preschools (09) Educational institutions as follows: Colleges and universities (25) Elementary schools (13) Junior and senior high schools (13) Fairground or exposition ground (23) Group homes (up to eight (8) individuals) (05) Home occupations in detached accessory structures (per use) Landscape contractors storage yard (30) Parks and recreational facilities including athletic fields, pools, racquet courts, (08,17) community centers, golf courses, and golf driving ranges. Pet cemetery (30) Planned unit developments (30) Public utility and service uses, and civic buildings, as follows: Fire stations (08) Police stations (08)

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Telephone exchange, telephone transmission (30) equipment buildings and microwave relay towers Waterworks, reservoir, pumping station, and filtration plant (30) Other municipal buildings (30) Similar and compatible uses to those allowed as a permitted use in this district. (per use) Determination of “similar and compatible” shall be made in accordance with Section 3.12. Accessory uses and buildings incidental to and on the same zoning lot as a principal special use, in accord with Section 4.3. Mulch production and related retail sales, but only on lots having at least 10 acres in area and having no frontage on a County or State highway, which special use permit ordinance may authorize modifications of generally applicable yard, setback, and signage regulations of the District

5.2.4 Development Standards

a. Minimum Lot Area/Maximum Gross Density

1. Every principal use hereafter established in the RC District shall be on a lot having a minimum area of 5 acres.

2. The maximum gross density of single‐family detached dwellings shall not exceed 0.2 units per acre. b. Minimum Lot Width Even principal use hereafter established in the RC District shall be on a lot having a width at the established street yard line of not less than two hundred (200) feet. c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than forty (40) feet from the street right‐of‐way line.

2. Minimum Side Yard: An interior side yard of not less than twenty (20) feet.

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than forty‐five (45) feet.

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4. Rear Yard: A rear yard of not less than sixty (60) feet. d. Maximum Building Height No building shall exceed a height of thirty‐eight (38) feet. e. Maximum Building Coverage Not more than twenty percent (20%) of the lot area may be occupied by principal and accessory buildings combined. f. Minimum Green Area Not less than seventy percent (70%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area. g. Minimum District Size 5 acres

5.3 “RE” Rural Estate Single‐Family Detached Residence District

5.3.1 Purpose The RE District is established to provide the orderly transition of land from agricultural to low density residential use and to meet the market demands for large lots. District standards are established to mandate large lots that can accommodate individual wells and sewage disposal (septic) systems. The principal use permitted in this District is single‐family detached dwellings.

5.3.2 Permitted Uses (Numbers with parentheses () indicate the parking classification for each permitted or special use. For specific parking requirements see Section 9.2.)

Single‐family detached dwellings. (01) Home occupations Public open lands, refuges, or preserves Accessory uses to dwellings, incidental to and on the same zoning lot as a principal permitted use in accordance with Section 4.3

5.3.3 Special Uses subject to the requirements of Section 3.10.2:

Agriculture, limited to the cultivation of crops (30) Arboretum or botanical garden (30) Cemeteries (30)

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Church or other place of worship (06,22) Community living centers, congregate living centers, or senior citizen housing (05) Cultural institutions, including public libraries, museums and art galleries (07) Day care centers, nurseries, and/or preschools (09) Educational institutions as follows: Colleges and universities (25) Elementary schools (13) Junior and senior high schools (13) Fairground or exposition ground (30) Group homes (up to eight (8) individuals) (05) Home occupations in detached accessory structures (per use) Nurseries, trees and/or shrubs (14)

Parks and recreational facilities including athletic fields, pools, racquet courts, (08.17) community centers, golf courses, and golf driving ranges. Planned unit developments (30) Public utility and service uses, and civic buildings, as follows: Fire stations (08) Police stations (08) Telephone exchange, telephone transmission equipment buildings, (30) and microwave relay towers Waterworks, reservoir, pumping station, and filtration plant (30) Other municipal buildings (30) Similar and compatible uses to those allowed as a permitted use in this district. Determination of “similar and compatible” shall be made in accordance with (per use) Section 3.12. Accessory uses and buildings incidental to and on the same zoning lot as a principal special use, in accord with Section 4.3.

5.3.4 Development Standards

a. Minimum Lot Area/Maximum Gross Density

1. Even: single‐family detached dwelling hereafter erected shall be on a lot having a minimum area of 43,500 square feet, with a minimum area of 30,000 square feet of soil suitable for an individual septic system.

2. The maximum gross density of single‐family detached dwellings shall not exceed 0.5 units per acre.

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b. Minimum Lot Width Every single‐family detached dwelling hereafter erected shall be on a lot having a width at the established street yard line of not less than one hundred thirty (130) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs. c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than forty (40) feet from the street right‐of‐ way line.

2. Minimum Side Yard: An interior side yard of not less than twenty (20) feet.

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than forty‐five (45) feet.

4. Rear Yard: A rear yard of not less than sixty (60) feet. d. Maximum Building Height No building shall exceed a height of thirty‐eight (38) feet. e. Maximum Building Coverage Not more than twenty‐five percent (25%) of the lot area may be occupied by principal and accessory buildings combined. f. Minimum Green Area Not less than sixty‐five percent (65%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area. g. Minimum District Size 80 acres

5.4 R1 ‐ Low Density Single‐Family Detached Residential District

5.4.1 Purpose The R1 District is established to provide a transition zone between the RE Rural Estate District and the R2 Medium Density Single‐Family Residential District. The character of the R1 District is low‐density with community sewer and water required as a prerequisite to development. An

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area developed as R1 should consist of single‐family residences on large but serviceable lots. The principal use permitted in this District is single‐family detached dwellings.

5.4.2 Permitted Uses (Numbers with parentheses ( ) indicate the parking classification for each permitted or special use For specific parking requirements see Section 9.2)

Single‐family detached dwellings. (01) Home occupations Accessory uses to dwellings, incidental to and on the same zoning lot as a principal permitted use in accordance with Section 4.3

5.4.3 Special Uses subject to the requirements of Section 3.10.2

Agricu1ture, limited to the cultivation of crops (30) Arboretum or botanical garden (30) Cemeteries (30) Church or other place of worship (06,22) Community living centers, congregate living centers, or senior citizen housing (05) Cultural institutions, including public libraries, museums and art galleries (07) Day care centers, nurseries, and/or preschools (09) Educational institutions as follows: Colleges and universities (25) Elementary schools (13) Junior and senior high schools (13) Group homes (up to eight (8) individuals) (05) Home occupations in detached accessory structures (per use) Parks and recreational facilities including athletic fields, pools, racquet courts, (08.17) community centers, golf courses, and golf driving ranges Planned unit developments (30) Public utility and service uses, and civic buildings, as follows: Fire stations (08) Police stations (08) Telephone exchange, telephone transmission equipment buildings and (30) microwave relay towers Waterworks, reservoir, pumping station, and filtration plant (30) Other municipal buildings (30) Similar and compatible uses to those allowed as a permitted use in this district. (per use)

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Determination of “similar and compatible” shall be made in accordance with Section 3.12. Accessory uses and buildings incidental to and on the same zoning lot as a principal special use, in accord with Section 4.3.

5.4.4 Development Standards a. Minimum Lot Area/Maximum Gross Density

1. Every single‐family detached dwelling hereafter erected shall be on a lot having a minimum area of 30,000 square feet.

2. The maximum gross density of single‐family detached dwellings shall not exceed 0.9 units per acre. b. Minimum Lot Width Every single‐family detached dwelling hereafter erected shall be on a lot having a width at the established street yard line of not less than one hundred ten (110) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs. c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than thirty‐five (35) feet from the street right‐ of way line.

2. Minimum Side Yard: An interior side yard of not less than eighteen (18) feet.

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than forty (40) feet.

4. Rear Yard: A rear yard of not less than fifty (50) feet. d. Maximum Building Height No building shall exceed a height of thirty‐five (35) feet. e. Maximum Building Coverage Not more than twenty‐five percent (25%) of the lot area may be occupied by principal and accessory buildings combined.

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f. Minimum Green Area Not less than sixty‐five percent (65%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area. g. Minimum District Size 40 acres

5.5 R2 ‐ Medium Density Single‐Family Detached Residential District

5.5.1 Purpose The R2 District is established to provide a transition zone between lower density single‐family zoning districts (RE, R1) and the mixed‐use districts (MU‐1, MU‐2), or the community or neighborhood oriented business districts (B1/P.U.D., B2). The character of the R2 District is a neighborhood of single‐family homes on smaller lots that are served by public utility systems. The principal use permitted in this District is single family detached dwellings.

5.5.2 Permitted Uses (Numbers with parentheses ( ) indicate the parking classification for each permitted or special use. For specific parking requirements see Section 9.2.)

Single‐family detached dwellings. (01) Home occupations Accessory uses to dwellings, incidental to and on the same zoning lot as a principal permitted use in accordance with Section 4.3

5.5.3 Special Uses subject to the requirements of Section 3.10.2

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Parks and recreational facilities including athletic fields, pools, racquet courts, (08,17) community centers, golf courses, and golf driving ranges. Planned unit developments (30) Public utility and service uses, and civic buildings, as follows: Fire stations (08) Police stations (08) Telephone exchange, telephone transmission equipment buildings and (30) microwave relay towers Waterworks, reservoir, pumping station, and filtration plant (30) Other municipal buildings (30) Similar and compatible uses to those allowed as a permitted use in this district. (per use) Determination of “similar and compatible” shall be made in accordance with Section 3.12. Accessory uses and buildings incidental to and on the same zoning lot as a principal (per use) special use, in accord with Section 4.3. with Section 3.12.

Accessory uses and buildings incidental to and on the same zoning lot as a principal special use, in accord with Section 4.3.

5.5.4 Development Standards a. Minimum Lot Area/Maximum Gross Density

1. Every single‐family detached dwelling hereafter erected shall be on a lot having a minimum area of 18,000 square feet.

2. The maximum gross density of single‐family detached dwellings shall not exceed 1.5 units per acre. b. Minimum Lot Width Every single‐family detached dwelling hereafter erected shall be on a lot having a width at the established street yard line of not less than ninety (90) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs.

c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than thirty (30) feet from the street right‐of‐ way line.

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2. Minimum Side Yard: An interior side yard of not less than fifteen (15) feet.

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than thirty‐five (35) feet.

4. Rear Yard: A rear yard of not less than forty (40) feet. d. Maximum Building Height No building shall exceed a height of thirty‐five (35) feet. e. Maximum Building Coverage Not more than twenty‐five percent (25%) of the lot area may be occupied by principal and accessory buildings combined.

f. Minimum Green Area Not less than sixty‐five percent (65%) of the lot area shall be maintained as permeable on space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area.

5.6 MU‐1 ‐ Mixed‐Use Residential/Commercial District

5.6.1 Purpose The MU‐1 District is established to provide a transitional district between the single‐ family zoning districts (RE, R1, R2) and the community or neighborhood oriented business districts (B 1, B2). The character of the MU‐1 District is a pedestrian‐oriented mix of residential and business uses, typically contiguous with a B1/P.U.D. or B2 District. Permitted uses in this District include single‐family detached dwellings, offices, service‐oriented business uses, small retail shops, restaurants, and other similar uses. The MU‐1 District also serves as the underlying zoning district for higher density attached single‐family or multi‐family developments proposed as part of a Planned Unit Development. Proper land planning is critical in the MU‐1 District, therefore, site plan approval pursuant to Article 6 of this Ordinance is required if applicable pursuant to said Section, prior to establishing uses or structures in the district.

5.6.2 Permitted Uses (Numbers with parentheses ( ) indicate the parking classification for each permitted or special use. For specific parking requirements see Section 9.2.)

Residential Uses

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Single‐family detached dwellings (01) Home occupations

5.6.3 Special Uses subject to the requirements of Section 3.10.2

Residential Uses

Two‐family dwellings (01) Three‐family dwellings (01) Single‐family attached dwelling (02) Multi‐family dwellings (02) Community living and congregate living centers (05) Senior apartments and senior housing (03)

Nonresidential Uses

Antique shop (09) Apparel shop (09) Art and craft store (09) Art gallery (08) Art and sculpture studios (08) Art and office supply store (09) Bakery (on‐site retail sales only) (09) Bait shop (08) Banks and other financial institutions, without drive‐through facilities (09) Barbershop, hair salon and/or beauty shop (09) Bed and Breakfast Inn (02) Bicycle sales, rental and service (09) Books and periodical store (09) Bus station or stopover point (30) Camera and photo equipment store (09) Candy store (09) Catering service (08) China or glassware shop (09) Church or other place of worship (22) Clubs and lodges (10) Cocktail lounge (11) Consumer electronics store (09) Currency exchange (09) Day care centers, nurseries, and/or preschools (09)

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Delicatessen (09) Drive‐in and drive‐through facilities (31) Drugs and cosmetics store (09) Dry cleaners (08) Dwelling unit (above ground floor of commercial use) (03) Employment agency (09) Fish market, retail (09) Florist shop (09) Fruit and vegetable market, retail (09) Furrier (08) Furniture and home furnishings store (09) Gasoline fuel station and food mart (18) Gift shop (09) Group home (up to eight (8) individuals) (05) Grocery store (09) Hardware store (09) Health or fitness clubs (09) Health food store (09) Hobby shop (09) Hotel (04) Housewares and kitchen store (09) Ice cream shop (09) Indoor theatre (24) Interior decorating services (09) Jewelry store (09) Laundromat (09) Leather goods and luggage store (09) Library (07) Liquor store (09) Locksmith shop (09) Magazine shop and/or news depot (09) Meat market, retail (09) Mortuaries and funeral parlors (10) Museum commercial or public (07) Music and musical instruments store (09) Music, dance studio/store (11) Nursing home or convalescent home (06) Office supply store (08) Offices, business and professional (09) Offices, medical and dental (32) Optical sales and service (09)

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Paint and wallpaper store (09) Parks and recreational facilities including athletic fields, pools, racquet courts, and community centers (08, 17) Personal services, including tanning salons masseurs and weight loss clinics (09) Pet stores (09) Photocopying and retail printing services (09) Photography studio and store (08) Physical therapy facilities medical (09) Picture framing shop (08) Planned unit development (30) Post office (08) Private stadiums and sports facilities (17) Public utility and public service uses (30) Record, CD, Cassette tape music store (09) Recreational Vehicle Park (in accordance with Section 4.6) Restaurant, sit‐down and/or drive‐through (12) Schools, commercial or trade (20) Secretarial services (09) Senior apartments and senior housing (03) Shoe repair (08) Shoe store (09) Sporting goods store (09) Tailor shop (08) Tavern (11) Telephone answering service (08) Television and radio, sales and service (09) Tobacco shop (09) Taxi stand Toy store (09) Travel agency (09) Upholstery shop (08) Video sales and rental store (09) Similar and compatible uses to those allowed as a permitted use in this district. (per use) Determination of “similar and compatible” shall be made in accordance with Section 3.12. Accessory uses

5.6.4 Development Standards a. Minimum Lot Area/Maximum Gross Density

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1. Every permitted or special use hereafter erected shall be on a lot having a minimum area of 12,800 square feet.

2. Single‐family detached dwelling units shall require a minimum lot area of 12,800 square feet.

3. Attached dwelling units shall require not less than 6000 square feet of gross lot area per dwelling unit.

4. The maximum gross density of single‐family attached and detached dwellings shall not exceed 2.0 units per acre. b. Minimum Lot Width Every permitted or special use hereafter erected shall be on a lot having a width at the established street yard line of not less than eighty (80) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs. c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than twenty‐five (25) feet from the street right‐of‐ way line.

2. Minimum Side Yard: An interior side yard of not less than ten (10) feet.

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than twenty‐five (25) feet.

4. Rear Yard: A rear yard of not less than thirty‐five (35) feet. d. Maximum Building Height No building shall exceed a height of thirty (30) feet e. Maximum Floor Area Ratio The floor area ratio (FAR) shall not exceed 0.3 f. Maximum Building Coverage Nor more than twenty‐five percent (25%) of the lot area may be occupied by principal and accessory buildings combined.

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g. Minimum Green Area Not less than sixty percent (60%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area.

5.7 MU‐2 ‐ Mixed‐Use Residential/Commercial District

5.7.1 Purpose The MU‐2 District is established to provide a transitional district between any residential district (RE, R1 R2) and the higher intensity nonresidential districts (B3, OR, LI). The character of the MU‐2 District is such that it respects the character of the neighboring residential district while establishing compatibility with a higher intensity uses on the other side. Planned Unit Developments are encouraged in this district to allow flexible land planning to create the proper relationship between buildings, uses, and sites. Permitted uses in this District include single family detached dwellings, offices, neighborhood businesses and retail shops, restaurants, etc. The MU‐2 District also serves as the underlying zoning district for higher density multi‐family developments proposed as part of a Planned Unit Development. Proper land planning is critical in the MU‐2 District, therefore, site plan approval pursuant to Article 6 of this Ordinance is required prior to establishing new uses in the district, except single‐family dwellings, which do not require site plan approval.

5.7.2 Permitted Uses (Numbers with parentheses ( ) indicate the parking classification for each permitted or special use. For specific parking requirements see Section 9.2.)

Residential Uses

Single‐family detached dwellings (01) Home occupations

5.7.3 Special Uses subject to the requirements of Section 3.10.2

Residential Uses

Two‐family dwellings (01) Three‐family dwellings (01) Single‐family attached dwellings (02) Multi‐family dwellings (02) Community living and congregate living centers (05) Senior apartments and senior housing (03)

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Non‐residential Uses

Animal hospital and/or veterinary clinic (07) Antique shop (09) Apparel shop (09) Appliance store, household, sales and service (09) Art and craft store (09) Art gallery (08) Art and sculpture studios (08) Art and office supply store (09) Automobile service and repair (26) Bakery (on‐site retail sales only) (09) Banks and other financial institutions, without drive‐through facilities (09) Barbershop. hair salon, and/or beauty shop (09) Bed and Breakfast Inn (02) Bicycle sales, rental and service (09) Books and periodical store (09) Bus station or stopover point (30) Camera and photo equipment store (09) Candy store (09) Catering service (08) China or glassware shop (09) Church or other place of worship (22) Clubs and lodges (10) Cocktail lounge (11) Consumer electronics store (09) Currency exchange (09) Day care centers, nurseries, and/or preschools (09) Delicatessen (09) Drive‐in and drive‐through facilities (31) Drugs and cosmetics store (09) Dry cleaners (08) Dwelling unit (above ground floor of commercial use) (03) Employment agency (09) Fish market retail (09) Florist shop (09) Fruit and vegetable market retail (09) Furniture and home furnishings store (09) Furrier (08) Gasoline fuel station and food mart (18) Gift shop (09)

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Glass and/or mirror shop (09) Grocery store (09) Group home (up to eight (8) individuals) (05) Hardware store (09) Health or fitness clubs (09) Health food store (09) Heating, air conditioning, and water heaters, sales and service (09) Hobby shop (09) Hotel (04) Housewares and kitchen store (09) Ice cream shop (09) Interior decorating services (09) Jewelry store (09) Leather goods and luggage store (09) Laundromat (09) Library (07) Liquor store (09) Locksmith shop (09) Magazine shop and/or news depot (09) Meat market, retail (09) Mortuaries and funeral parlors (10) Museum, commercial or public (07) Music and musical instruments store (09) Music, dance studio/store (11) Nursing home or convalescent home (06) Office supply store (08) Offices, business and professional (09) Offices, medical and dental (32) Optical sales and service (09) Paint and wallpaper store (09) Parks and recreational facilities including athletic fields, pools racquet courts (08,17) and community centers Personal services, including tanning salons, masseurs, and weight loss clinics (09) Pet stores (09) Photocopying and retail printing services (09) Photography studio and store (08) Physical therapy facilities, medical (09) Picture framing shop (08) Planned unit development (30) Plumbing supply store (29) Post office (08)

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Private stadiums and sports facilities (17) Public utility and public service uses (30) Record, CD, Cassette tape music store (09) Resale shop (09) Restaurant, sit‐down and/or drive‐through (12) Schools commercial or trade (20) Secretarial services (09) Senior apartments and senior housing (03) Shoe repair (08) Shoe store (09) Sporting goods store (09) Tailor shop (08) Tavern (11) Taxidermist (08) Telephone answering service (08) Television and radio, sales and service (09) Tobacco shop (09) Toy store (09) Taxi stand (09) Theater, indoor (24) Travel agency (09) Upholstery shop (08) Video sales and rental store (09) Similar and compatible uses to those allowed as a permitted use in this district. (per use) Determination of “similar and compatible” shall be made in accordance with Section 3.12 Accessory uses

5.7.4 Development Standards a. Minimum Lot Area/Maximum Gross Density

1. Every permitted or special use hereafter erected shall be on a lot having a minimum area of 8,800 square feet.

2. Single‐family detached dwelling units shall require a minimum lot area of 8,800 square feet.

3. Attached dwelling units shall require not less than 3000 square feet of gross lot area per dwelling unit.

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4. The maximum gross density of single‐family attached and detached dwellings shall not exceed 2.5 units per acre. b. Minimum Lot Width Every permitted or special use hereafter erected shall be on a lot having a width at the established street yard line of not less than sixty‐five (65) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs. c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than twenty (20) feet from the street right‐of‐way line.

2. Minimum Side Yard: An interior side yard of not less than five (5) feet.

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than fifteen (15) feet.

4. Rear Yard: A rear yard of not less than thirty (30) feet. d. Maximum Building Height No building shall exceed a height of thirty‐five (35) feet. e. Maximum Floor Area Ratio The floor area ratio (FAR) shall not exceed 0.4 f. Maximum Building Coverage Not more than twenty‐five percent (25%) of the lot area may be occupied by principal and accessory buildings combined. g. Minimum Green Area Not less than fifty‐five percent (55%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area.

5.8 B1/P.U.D. ‐ Community Business District

5.8.1 Purpose The B1/P.U.D. District is established to provide a traditional pedestrian‐oriented downtown or

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“main‐street” district near the original Village. The district zoning standards have been developed to foster the creation of such an environment by reducing the requirements for minimum lot sizes, frontage requirements, and setbacks; and increasing the allowances for maximum lot coverage and floor area ratio. The parking standards allow credit for on‐street parking, shared parking, and separate off‐site parking spaces to foster a pedestrian‐oriented shopping district where many daily needs, services, and products may be procured in one trip. The district may also become a destination for specialty shops, dining and entertainment. The establishment of structures and uses within B1/P.U.D. District must be in accordance with an approved Planned Unit Development Ordinance to assure the district is comprehensively planned and that all public services, including parking, are adequately provided.

5.8.2 Planned Unit Development Approval Required ‐ Uses Authorized The following uses may be authorized in the B1/P.U.D. District pursuant to an approved Planned Unit Development Ordinance. (Numbers with parentheses ( ) indicate the parking classification for each permitted or special use. For specific parking requirements, see Section 9.2)

Apparel shop (09) Appliance stores, household, sales and service (09) Antique shop (09) Art and craft store (09) Art gallery (08) Art and sculpture studios (08) Art and office supply store (09) Automobile accessory stores (retail sales only) (09) Bakery (on‐site retail sales only) (09) Bait shop (08) Banks and other financial institutions, without drive‐through facilities (09) Barbershop, hair salon, and/or beauty shop (09) Bed and breakfast inn (02) Books and periodical store (09) Bus station or stopover point (09) Camera and photo equipment store (02) Candy store (09) Carpet rugs and linoleum store (30) Catering service (09) China or glassware shop (09) Church or other place of worship (08) Clubs and lodges (08) Consumer electronics store (09) Cocktail lounge (11)

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Cultural institutions including art galleries and museums (07) Currency exchange (09) Day care centers, nurseries and preschools (09) Delicatessen (09) Drugs and cosmetics store (09) Dry cleaners (08) Dwelling unit (above ground floor) (03) Employment agency (09) Fish market, retail (09) Florist shop (09) Fruit and vegetable market, retail (09) Furniture and home furnishings store (09) Furrier (08) Gasoline fuel station and food mart (18) Gift shop (09) Grocery store (09) Hardware store (09) Health food store (09) Health or fitness clubs (09) Hobby Shop (09) Hotel (04) Housewares and kitchen store (09) Ice cream shop (09) Interior decorating services (09) Jewelry store (09) Leather goods and luggage store (09) Laundromat (09) Library (07) Liquor store (09) Locksmith shop (09) Magazine shop and/or news depot (09) Meat market, retail (09) Mortuaries and funeral parlors (10) Music and musical instruments store (09) Music, dance studio/store (11) Office supply store (08) Offices, business and professional (09) Offices, medical and dental (32) Optical sales and service (09) Paint and wallpaper store (09) Parking structures

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Parks and recreational facilities including athletic fields, pools, racquet courts and (08,17) community centers Pet stores (09) Photocopying and retail printing services (09) Photography studio and store (08) Physical therapy facilities, medical (09) Picture framing shop (08) Post office (08) Public utility and public service uses (30) Record, CD, Cassette tape music store (09) Restaurant, sit‐down (12) Resale shop (09) Secretarial services (09) Senior apartments and senior housing (03) Shoe repair (08) Sporting goods store (09) Tailor shop (08) Tavern (11) Telephone answering service (08) Television and radio, sales and service (09) Tobacco shop (09) Taxi stand Theatre, indoor (24) Toy store (09) Travel agency (09) Upholstery shop (09) Video sales and rental store (09) Other uses as may be approved by Planned Unit Development Ordinance (30) Accessory uses.

5.8.4 Development Standards

a. Minimum Lot Area

1. Every use hereafter erected shall be on a lot having a minimum area of 2500 square feet.

2. Dwelling units shall require not less than 1200 square feet of gross lot area per dwelling unit. b. Minimum Lot Width

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Every use hereafter erected shall be on a lot having a width at the established street yard line of not less than twenty‐five (25) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs. c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: None

2. Side Yard: None.

3. Rear Yard: None

4. Transition Yard: Where a B1/P.U.D. District abuts a residential district or an area identified for residential use on the Comprehensive Plan a fifteen‐foot (15’) wide transition yard shall be established with screening and landscaping in accordance with Section 7.6.7 of this Ordinance. d. Maximum Building Height No building shall exceed a height of thirty‐five (35) feet. e. Maximum Floor Area Ratio The floor area ratio (FAR) shall not exceed 1.5. f. Maximum Building Coverage Not more than ninety‐five percent (95%) of the lot area may be occupied by principal and accessory buildings combined. g. Minimum Green Area Not less than five percent (5%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area. h. Minimum District Size Four (4) acres.

5.9 B2 ‐ Neighborhood Business District

5.9.1 Purpose The B2 District is established to provide business uses throughout the community in strategic

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locations to serve residential neighborhoods. Permitted uses in the B2 District include service oriented business and convenience retail to meet the daily service and consumer needs of neighboring residents. To ensure compatible land planning and aesthetic considerations site plan approval pursuant to Article 6 of this Ordinance is required prior to establishing new uses in the district.

5.9.2 Permitted Uses (Numbers with parentheses ( ) indicate the parking classification for each permitted or special use. For specific parking requirements, see Section 9.2)

Adult‐Use Cannabis Dispensary (34) (subject to the requirements of Section 4.15) Adult‐Use Cannabis Dispensary (33/34) with Co‐Located Adult‐Use Cannabis Craft Grower (subject to the requirements of Section 4.15) Adult‐Use Cannabis Dispensary (33/34) with Co‐Located Adult‐Use Cannabis Infuser (subject to the requirements of Section 4.15) Apparel shop (09) Appliance stores, household, sales and service (09) Antique shop (09) Art and craft store (09) Art gallery (08) Art and sculpture studios (08) Art and office supply store (09) Bait shop (08) Bakery (on‐site retail sales only) (09) Banks and other financial institutions, with or without drive‐through facilities (09) Barbershop, hair salon, and/or beauty shop (09) Books and periodical store (09) Bus station or stopover point (30) Camera and photo equipment store (09) Candy store (09) Carpet, rugs and linoleum store (08) Catering service (08) Consumer electronics store (09) Cocktail lounge (11) Currency exchange (09) Delicatessen (09) Drugs and cosmetics store (09) Dry cleaners (08)

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Dwelling unit (above ground floor) (03) Employment agency (09) Fish market, retail (09) Florist shop (09) Fruit and vegetable market, retail (09) Furniture and home furnishings store (09) Furrier (08) Gift shop (09) Grocery store (09) Hardware store (09) Health or fitness clubs (09) Health food store (09) Hobby shop (09) Housewares and kitchen store (09) Ice cream shop (09) Interior decorating services (09) Jewelry store (09) Laundromat (09) Locksmith shop (09) Magazine shop and/or news depot (09) Meat market, retail (09) Mortuaries and funeral parlors (10) Music and musical instruments store (09) Music, dance studio/store (11) Office supply store (08) Offices, business and professional (09) Offices, medical and dental (32) Optical sales and service (09) Paint and wallpaper store (09) Parking structures, when integrated as part of the principal use and structure (30) Pet store (09) Photocopying and retail printing services (09) Photography studio and store (08) Physical therapy facilities, medical (09) Picture framing shop (08) Post office (08) Record, CD, Cassette tape music store (09) Resale shop (09) Restaurant, sit‐down (12) Secretarial services (09) Shopping center (less than 20,000 square feet gross floor area) (09)

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Shoe repair (08) Sporting goods store (09) Tailor shop (08) Telephone answering service (08) Television and radio, sales and service (09) Tobacco shop (09) Taxi stand Toy store (09) Travel agency (09) Upholstery shop (09) Video sales and rental store (09) Accessory uses

5.9.3 Special Uses subject to the requirements of Section 3.10.2

Automobile accessory stores (retail sales only) (09) Bus station or stopover point (30) Church or other place of worship (22) Clubs and lodges (10) Day care centers, nurseries and preschools (09) Drive‐in and drive‐through facilities (31) Gasoline fuel station and food mart (18) Gymnastic Studio (09) Health or Fitness Club (09) Hotel (04) Indoor theatre (24) Library (07) Liquor store (09) Parks and recreational facilities including athletic fields, pools, racquet courts, (08,17) community centers, and golf courses Planned unit development (30) Private stadiums and sports facilities (17) Public utility and public service uses (30) Restaurants, sit‐down and/or drive‐through (12) Senior apartments and senior housing (03) Shopping centers (more than 20,000 square feet gross floor area) (10) Tavern (11) Similar and compatible uses to those allowed as a permitted use in this district. Determination of “similar and compatible” shall be made in accordance with Section 3.12. (per use) Accessory uses

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5.9.4 Development Standards

a. Minimum Lot Area

1. Every permitted or special use hereafter erected shall be on a lot having a minimum area of 20,000 square feet.

2. Dwelling units shall require not less than 3000 square feet of gross lot area per dwelling unit. b. Minimum Lot Width Every permitted or special use hereafter erected shall be on a lot having a width at the established street yard line of not less than one‐hundred (100) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs. c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than fifteen (15) feet from the street right‐of‐way line.

2. Minimum Side Yard: An interior side yard of not less than ten (10) feet.

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than twenty (20) feet.

4. Rear Yard: A rear yard of not less than thirty (10) feet.

5. Transition Yard: Where a B2 District abuts a residential district or an area identified for residential use on the Comprehensive Plan a twenty‐five‐foot (25’) wide transition yard shall be established with screening and landscaping in accordance with Section 7.6.7 of this Ordinance. 7 d. Maximum Building Height No building shall exceed a height of thirty (30) feet. e. Maximum Floor Area Ratio The floor area ratio (FAR) shall not exceed 0.4

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f. Maximum Building Coverage Not more than twenty‐five percent (25%) of the lot area may be occupied by principal and accessory buildings combined. g. Minimum Green Area Not less than twenty‐five percent (25%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area.

5.10 B3 ‐ Regional Business District

5.10.1 Purpose The B3 District is established to provide orderly large‐scale regional shopping facilities in areas of the Village that are highly accessible from principal arterial streets. The zoning district standards are established to require sufficient land area to accommodate buildings, vehicular circulation, off‐street parking, and landscaping, all in a planned setting. Permitted uses in the B3 District include a wide variety of retail and service uses to meet the needs of residents throughout the Village and surrounding communities. Structures located in this district may vary from small or large freestanding buildings to larger community shopping centers. To ensure compatible land planning and aesthetic considerations site plan approval pursuant to Article 6 of this Ordinance is required prior to establishing new uses in the district.

5.10.2 Permitted Uses (Numbers with parentheses ( ) indicate the parking classification for each permitted or special use. For specific parking requirements. see Section 9.2)

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Apparel shop (09) Appliance stores, household. sales and service (09) Art and craft store (09) Art gallery (08) Art and sculpture studios (08) Art and office supply store (09) Auction house (11) Automobile accessory stores (retail sales only) (09) Automobile leasing, new and used vehicles (09) Automobile service and repair (26) Bait shop (09) Bakery (on‐site retail sales only) (09) Banks and other financial institutions, with or without drive‐through facilities (09) Barbershop, hair salon, and/or beauty shop (09) Bicycle sales and service (09) Boat and marine sales and leasing (26) Books and periodical store (09) Bus station or stopover point (30) Camera and photo equipment store (09) Candy store (09) Carpet, rugs and linoleum store (08) Catalog stores (09) Catering service (08) China or glassware shop (09) Consumer electronics store (09) Cocktail lounge (11) Currency exchange (09) Delicatessen (09) Department stores (09) Drugs and cosmetics store (09) Dry cleaners (08) Employment agency (09) Feed and grain sales (09) Fish market, retail (09) Fruit and vegetable market, retail (09) Florist shop (09) Furniture and home furnishings store (09) Furrier (08) Gift shop (09) Garden supply (09) Gasoline fuel station and food mart (18)

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Glass and/or mirror shop (09) Greenhouse, retail (09) Grocery store (09) Hardware store (09) Health food store (09) Health or fitness clubs (09) Heating, air conditioning and water heaters, sales and service (09) Hobby shop (09) Home Improvement center (10) Housewares and kitchen store (09) Ice cream shop (09) Interior decorating services (09) Jewelry store (09) Leather goods and luggage store (09) Laundromat (09) Liquor store (09) Locksmith shop (09) Magazine shop and/or news depot (09) Meat market, retail (09) Meeting and banquet facility (11) Mortuaries and funeral parlors (10) Motorcycle, sales and service (26) Music and musical instruments store (09) Music, dance studio/store (11) Office supply store (08) Offices, business and professional (09) Offices, medical and dental (32) Optical sales and service (09) Paint and wallpaper store (09) Parking structures, when integrated as pan of the principal use and structure (30) Pet stores (09) Photocopying and retail printing services (09) Photography studio and store (08) Physical therapy facilities, medical (09) Picture framing shop (08) Plumbing supply store (29) Post office (08) Record, CD, Cassette tape music store (09) Resale shop (09) Restaurant, sit‐down and/or drive‐through (12) Secretarial services (09)

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Shopping center (10) Shoe repair (08) Sporting goods store (09) Tailor shop (08) Telephone answering service (08) Television and radio, sales and service (09) Tobacco shop (09) Taxi stand Tobacco shop (09) Toy store (09) Travel agency (09) Truck sales and leasing, new and used (09) Truck and/or trailer rental (08) Upholstery shop (09) Video sales and rental store (09) Accessory uses

5.10.3 Special Uses subject to the requirements of Section 3.10.2

Bus station or stopover point (30) Boat and boat trailer storage, indoor or outdoor (subject to the requirements of Section 4.13) (30) Church or other place of worship (22) Clubs and lodges (10) Day care centers, nurseries and preschools (09) Drive‐in and drive‐through facilities (31) Gymnastic Studio (09) Health or Fitness Club (09) Hotel (04) Library (07) Medical Cannabis Cultivation Center (subject to requirements of Section 4.11) Medical Cannabis Dispensary Center (subject to requirements of Section 4.11) Motel (04) Parking lots and structures (30) Parks and recreational facilities including athletic fields, pools, racquet courts, (08,17) community centers, golf courses, golf driving range and miniature golf Personal services, including tanning salons, masseurs, and weight loss clinics (09) Planned unit development (30) Private stadiums and sports facilities (17) Public utility and public service uses (30) Senior apartments and senior housing (03)

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Sports arena (23) Tavern (11) Theater, drive‐in (30) Theater, indoor (24) Similar and compatible uses to those allowed as a permitted use in this district. (per use) Determination of “similar and compatible” shall be made in accordance with Section 3.12. Accessory uses

5.10.4 Development Standards

a. Minimum Lot Area Every permitted or special use hereafter erected shall be on a lot having a minimum area of 43,500 square feet. b. Minimum Lot Width Every permitted or special use hereafter erected shall be on a lot having a width at the established street yard line of not less than two‐hundred (200) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs. c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than fifty (50) feet from the street right‐of‐way line.

2. Side Yard: An interior side yard of not less than fifty (50) feet.

3. Rear Yard: A rear yard of not less than fifty (50) feet.

4. Transition Yard: Where a B3 District abuts a residential district or an area identified for residential use on the Comprehensive Plan a fifty‐foot (50’) wide transition yard shall be established with screening and landscaping in accordance with Section 7.6.7 of this Ordinance.

d. Maximum Building Height No building shall exceed a height of thirty‐eight (38) feet. e. Maximum Floor Area Ratio The floor area ratio (FAR) shall not exceed 0.25

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f. Maximum Building Coverage Not more than forty percent (40%) of the lot area may be occupied by principal and accessory buildings combined. g. Minimum Green Area Not less than twenty‐five percent (25%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area. h. Minimum District Size Four (4) acres

5.11 “LI” Light Industrial District

5.11.1 Purpose The LI District is established to provide land for use by industrial firms that have high standards of performance and wish to locate in close proximity to business or mixed‐use districts with residential districts nearby, without creating a nuisance. The district standards are designed to permit the operations of most manufacturing, wholesaling, and warehousing activities with adequate protection to adjacent district uses. Some retail uses that are considered ancillary or accessory to the principal light industrial use are permitted. In this district all industrial operations must be conducted in an enclosed building and outdoor storage is prohibited. To ensure compatible land planning and aesthetic considerations site plan approval pursuant to Article 6 of this Ordinance is required prior to establishing new uses in the district.

5.11.2 Permitted Uses (Numbers with parentheses () indicate the parking classification for each permitted or special use. For specific parking requirements, see Section 9.2)

Adult‐Use Cannabis Craft Grower (33) (subject to the requirements of Section 4.15) Adult‐Use Cannabis Infuser (33) (subject to the requirements of Section 4.15) Apparel and other products manufactured from textile (27) Automobile and major truck repair (outdoor storage prohibited) (26) Bakeries, wholesale (27) Bedding manufacture (27) Bottling works (27) Boat building, repair and storage (27) Building equipment and yards for manufacturing (27)

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Cabinet manufacture (27) Carpet and rug cleaning (27) Contractors, architects and engineers offices, shops and yards (29) Equipment rental (09) Electronic component manufacturing (27) Fuel and ice plants (27) Furniture repair and refinishing (27) Gas, butane, and propane sales (09) Kennels, wholly enclosed (07) Mail‐order warehouse (27) Offices, business and professional (09) Offices, medical and dental (32) Precision instruments manufacturing (27) Printing and publishing (27) Radio and television studios (09) Research and development and testing facilities (27) Retail sales of commodities manufactured or processed, fabricated or assembled on the premises not to exceed ten percent (10%) of the gross floor area nor exceed a total of five thousand (5,000) square feet. Sign shop (27) Truck terminal, including adult‐use cannabis transporter (27) Warehousing and distribution (27) Watchman’s quarters Welding shop (27) Well drilling service (27) Woodworking and wood products manufacture (27) Accessory uses

5.11.3 Special Uses subject to the requirements of Section 3.10.2

Airport (30) Colleges and universities (25) Day Care Centers, Nurseries and/or Preschools Food processing and packing (27) Gymnastic Studio (09) Health or Fitness Club (09) Martial Arts Studio (09) Medical Cannabis Cultivation Center (subject to requirements of Section 4.11) Medical Cannabis Dispensary Center (subject to requirements of Section 4.11) Mortician Facility and Crematorium Parking structure or lot (30)

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Parks and recreational facilities including athletic fields, pools, racquet courts, (08,17) community centers, and golf courses. Planned unit developments (30) Public utility and public service uses (30) Ready‐mixed concrete manufacturing and production facility, provided that: (i) (30) the premises have direct access to US Highway 12, (ii) a concrete manufacturing facility was lawfully operated on the premises at the time of incorporation or annexation into the Village, and (iii) a concrete manufacturing facility has operated continuously on the property since incorporation or annexation into the Village Recycling center (30) Restaurants, sit‐down and/or drive‐through (12) Self service storage facility (30) Similar and compatible uses to those allowed as a permitted use in this district. (per use) Determination of “similar and compatible” shall be made in accordance with Section 3.12. Accessory uses

5.11.4 Development Standards a. Minimum Lot Area/Average Lot Area Every permitted or special use hereafter erected shall be on a lot having a minimum area of 30,000 square feet. b. Minimum Lot Width Every permitted or special use hereafter erected shall be on a lot having a width at the established street yard line of not less than one‐hundred (100) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs. c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than thirty (30) feet from the street right‐of‐ way line.

2. Minimum Side Yard: An interior side yard of not less than twelve (12) feet.

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than thirty (30) feet.

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4. Rear Yard: A rear yard of not less than forty (40) feet.

5. Transition Yard: Where an LI District abuts a residential district or an area identified for residential use on the Comprehensive Plan a fifty‐foot (50’) wide transition yard shall be established with screening and landscaping in accordance with Section 7.6.7 of this Ordinance.

d. Maximum Building Height The maximum building height shall be twenty‐four (24) feet, or a height established by the convergence of a line beginning at the property line and extending at a forty‐ five (45) degree angle to the building line, but in no case shall a building exceed sixty‐five (65) feet in height.

e. Maximum Floor Area Ratio The floor area ratio (FAR) shall not exceed 0.4 f. Maximum Building Coverage Not more than forty percent (40%) of the lot area may be occupied by principal and accessory buildings combined. g. Minimum Green Area Not less than twenty‐five percent (25%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area. h. Minimum District Size Twenty (20) acres.

5.12 “OR” Office/Research District

5.12.1 Purpose The OR District is established to provide development of large offices, research and development firms, and technology based industries. This district is located along principal arterial streets on large parcels of land where architecturally coordinated office and industrial structures can be constructed in a campus‐like environment. To ensure compatible land planning and aesthetic considerations site plan approval pursuant to Article 6 of this Ordinance is required prior to establishing new uses in the district.

5.12.2 Permitted Uses (Numbers with parentheses ( ) indicate the parking classification for each permitted or special

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use. For specific parking requirements. see Section 9.2)

Community living or congregate living facility (27) Electronic component manufacturing (27) Emergency trauma facility (17) Health or exercise clubs (09) Health services staff housing (30) Hospital (32) Nursing home or convalescent home (06) Offices, business and professional (09) Offices, medical and dental (32) Research and development and testing facilities (27) Precision instruments manufacturing (27) Printing and publishing services (27) Radio and television studios (08) Accessory uses

5.12.3 Special Uses subject to the requirements of Section 3.10.2

Alcoholism and Substance Abuse Treatment Center (30) Colleges and universities (25) Day care centers, nurseries, and/or preschools (09) Heliport (30) Hotels (04) Light assembly of products (27) Parking structure or lot (as a principal use) (30) Parks and recreational facilities including athletic fields, pools, racquet courts, (08,17) community centers, and golf courses Planned unit developments (30) Public utility and public service uses (30) Restaurants, sit‐down (12) Sanitarium (09) Similar and compatible uses to those allowed as a permitted use in this district. (per use) Determination of “similar and compatible” shall be made in accordance with Section 3.12. Accessory uses

5.12.4 Development Standards a. Minimum Lot Area Every permitted or special use hereafter erected shall be on a lot having a minimum area of

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60.000 square feet.

b. Minimum Lot Width Every permitted or special use hereafter erected shall be on a lot having a width at the established street yard line of not less than one‐hundred fifty (150) feet. This requirement shall also apply to the width of lots fronting on cul‐de‐sacs.

c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than seventy‐five (75) feet from the street right‐of‐ way line.

2. Minimum Side Yard: An interior side yard of not less than twenty (20) feet.

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than fifty (50) feet.

4. Rear Yard: A rear yard of not less than forty (40) feet.

5. Transition Yard: Where an OR District abuts a residential district or an area identified for residential use on the Comprehensive Plan a fifty‐foot (50’) wide transition yard shall be established with screening and landscaping in accordance with Section 7.6.7 of this Ordinance. d. Maximum Building Height The maximum building height shall be forty (40) feet, or a height established by the convergence of a line beginning at the property line and extending at a forty‐five (45) degree angle to the building line, whichever is greater, but in no case shall a building exceed sixty‐five (65) feet in height. e. Maximum Floor Area Ratio The floor area ratio (FAR) shall not exceed 0.4 f. Maximum Building Coverage No more than thirty percent (30%) of the lot area may be occupied by principal and accessory buildings combined. g. Minimum Green Area

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Not less than thirty‐five percent (35%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area. h. Minimum District Size Forty (40) acres.

5.13 “OS” Open Space District

5.13.1 Purpose The OS District is established to provide environmental corridors and recreational‐areas in the Village. The OS District is intended to apply to all public and quasi‐public open spaces limited to such use by covenants, easements, or dedications.

5.13.2 Permitted Uses (Numbers with parentheses ( ) indicate the parking classification for each permitted or special use. For specific parking requirements see Section 9.2.)

Agricultural Uses, including:

Arboretum or botanical garden (30) Cropland (30) Nursery, non‐retail (30) Stable, private (30) Public open lands, refuges and preserves (30)

5.13.3 Special Uses

Cemeteries (30) Cultural institutions, including public libraries, museums and art galleries (07) Fairground or exposition ground (30) Parks and recreational facilities including athletic fields, pools, racquet courts, (08,17) community centers, golf courses, and golf driving ranges. Similar and compatible uses to those allowed as a permitted use in this district. (per use) Determination of “similar and compatible” shall be made in accordance with Section 3.12. Accessory uses and buildings incidental to and on the same zoning lot as a principal special use, in accord with Section 4.3.

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5.13.4 Development Standards

a. Minimum Lot Area

1. None

b. Minimum Lot Width

1. None.

c. Yard Requirements No principal building shall be erected or enlarged unless the following yards are provided and maintained:

1. Street Yard: A street yard of not less than fifty (50) feet from the street right‐of‐ way line.

2. Minimum Side Yard: An interior side yard of not less than twelve (12) feet

3. Total Side Yard: The sum of the side yard setbacks on both sides of a principal structure shall not be less than thirty (30) feet.

4. Rear Yard: A rear yard of not less than forty (40) feet. d. Maximum Building Height No building shall exceed a height of eighteen (18) feet. e. Maximum Floor Area Ratio None.

f. Maximum Building Coverage Not more than fifteen percent (15%) of the lot area may be occupied by principal and accessory buildings combined. g. Minimum Green Area Not less than eighty percent (80%) of the lot area shall be maintained as permeable open space or green area. Permitted accessory structures or uses constructed of a permeable material or in a permeable manner may be included within the minimum green area.

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h. Minimum District Size None.

5.14 “CO” Corridor Overlay District

5.14.1 Purpose

The CO Corridor Overlay District is intended to apply specific development standards and controls along the principal arterials through the Village to encourage proper vehicle access and landscape setback requirements common to all property, regardless of the underlying zoning classification.

5.14.2 Applicability

The CO Corridor Overlay District applies to land which frontage upon the principal arterial streets identified within this Section. The following street segments and corresponding properties are intended for the CO District application. a. U.S. Route 12, south of Illinois Route 120 and north of a point located 1320 feet north of the centerline of Illinois Route 120 b. Illinois Route 60 (entire length) c. Illinois Route 120 (entire length)

5.14.3 Special Setback Requirements Within the CO District, a one hundred (100) foot landscaped setback shall be applicable to both sides of the street, regardless of the underlying zoning classifications along each corridor. Landscaping shall be provided within the setback area in accordance with Section 7.6.8 of this Ordinance.

ARTICLE 6: SITE PLAN REVIEW

6.1 Authority

The Board of Trustees has the authority, upon recommendation of the Plan Commission, to approve or disapprove site plans required to be submitted for approval under this section.

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6.2 Purpose

Plan review and approval is required to ensure that the use and development of land is undertaken in a manner that furthers the public health, safety and welfare of the Village, and makes adequate provisions for public and private services and amenities that minimize the adverse effects of such development. The design, orientation and location of buildings, parking, signs, and landscaping visible to the public realm has a material and substantial relationship to property values and the taxable values of property in the Village and the cost of the municipal services provided thereto. Many neighborhoods in other communities have deteriorated due to the lack of planning, neglect of proper maintenance standards and the erection of buildings and structures that are incompatible with the character of the area, resulting in a reduction in property values.

Therefore, it is the policy of the Village of Volo that these regulations be adopted to avoid and prevent deterioration of the function, character and appearance of the Village and provide a favorable environment for residents and businesses, and to preserve and enhance the property values and the general public welfare.

6.3 Approved Plan ‐ When Required Site plan approval shall be required for multi‐family and non‐residential development in the following situations:

a. Application to construct a new principal structure intended and designed for nonresidential or multi‐family occupancy; b. Application to completely redevelop any site for non‐residential or multi‐family uses; c. Application to expand an existing principal building erected prior to the date of the adoption of this Ordinance for which the sum total of the gross floor area of the proposed expansion is equal to or greater than twenty five percent (25%) of the gross floor area of said structure.

d. Application to modify any new or existing buildings and/or site improvements that have previously received site plan approval under this Ordinance. Re‐approval is required for components of the plan, which depart from the approved site plan. The extent of changes to be incorporated in the submittal for re‐approval shall be determined by the Zoning Administrator. e. A site plan shall not be required exclusively for a change of use unless such change results in increased off‐street parking requirements equal to or greater than twenty‐ five percent (25%) of the existing off‐street parking.

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f. A site plan shall be required along with any application for a special use permit or a special use permit amendment for any non‐residential or multi‐family development. g. These requirements exclude the reconstruction of legally non‐conforming buildings, when such buildings and related improvements are substantially restored to their prior condition. h. These requirements exclude any non‐residential development that does not require a map amendment, special use permit, or variation and complies with all applicable ordinances, codes, and regulations.

6.4 Initiation

Site plan approval shall be initiated by the owner of the property, or owner’s agent, for which plan approval is sought.

6.5 Procedure for Initiation

a. The owner of the property for which a zoning map amendment or a special use permit is sought (requiring site plan approval under Section 6.3) shall file an application for site plan approval along with such application for an amendment or special use permit. b. The owner of the property for which a building permit is sought (requiring site plan approval under Section 6.3) and which has not been previously approved under the requirements of this section, shall file an application for site plan approval along with an application for such building permit. c. The owner of the property, or a duly authorized representative of the owner, shall file an application for site plan approval with the Village Administrator. The application shall be accompanied by a non‐refundable fee established from by the Board of Trustees and shall contain the following information:

1. Name, address and telephone number of the applicant including the name and address of each person or entity owning an interest in the subject property. For purposes of this section, the term ownership interest shall include any legal or equitable interest held at the time of the application in the property that is the subject of the application. The application shall include the signature of the owner.

2. A site plan of the size and containing the information required by Section 6.6 of this Ordinance.

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6.6 Contents of a Site Plan Application

The application shall include the following information: a. Site Plan Application

1. A completed application form provided by the Zoning Administrator

2. Each application shall include twenty (20) copies of all full sized documents and drawings. For all graphic and plan drawings. a scale of not less than one inch equals one hundred feet (1” = 100’) shall be used. In no event shall individual sheets or drawings exceed thirty (30) inches by forty‐two (42) inches. All sets of drawings submitted shall be folded.

3. The names and addresses of the persons responsible for preparing the plan.

4. The present zoning of the site and abutting property.

5. Any other information that may reasonably be required by the Board of Trustees, Plan Commission, Zoning Administrator or Village Administrator as the case may be which may include, but are not limited to, the following:

i) A traffic study.

ii) In the case of a map amendment or special use, an analysis of the need and demand for the proposed use and the impact of the proposed use on the value of adjoining and nearby properties. b. An existing conditions map showing the location, dimensions, size and height of the following, when applicable:

1. Sidewalks, streets, alleys, easements and utilities, including street lighting

2. Buildings and structures

3. Septic fields, wells and public sewer and water systems

4. The topography of the existing ground, particularly slopes in excess of fifteen percent (15%) (Minimum 2‐foot contours)

5. Terraces and retaining walls

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6. Driveways, entrances, exits, parking areas and sidewalks

7. Water mains and fire hydrants

8. Recreation areas, if any

9. Natural and artificial watercourses and bodies of water and wetlands, if any

10. Limits of flood plains, if any

11. Hydric soils, if any

12. Significant geological features, if any

13. Areas that can reasonably be expected to or which do contain contaminated soils or materials contaminated with toxic or hazardous materials

14. Underground storage tanks, if any

15. General alignment and lengths of all streets and all property lines.

16. All building restriction lines, highway setback lines, easements, covenants, reservations and rights‐of‐way

17. Date, scale and north arrow c. A separate site plan shall be prepared to show the general location, dimensions, size and height of the following regarding the proposed development, and shall include all of the items outlined in paragraph B, above, plus:

1. For a site plan which includes any existing structures or other improvements, an indication of those improvements that are to remain and those which will be removed.

2. Buildings and structures with entrances and exits identified.

3. Utility plan for water and for sewage disposal.

4. Methods to control erosion on slopes of fifteen percent (15%) or more.

5. Distances between buildings.

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6. Calculations of the following, as applicable:

i) number of dwelling units or square footage of non‐residential uses

ii) number of parking spaces

iii) number of loading spaces

iv) total land area

v) total landscaped area

vi) total open space

vii) total impervious surface

7. Tentative plans for collecting and depositing storm water and the method of treatment of natural and artificial watercourses, including a delineation of proposed limits of floodplains, if any.

8. A general indication of proposed grading, surface drainage, terraces, retaining wall heights, grades on paved areas and ground floor elevations of proposed buildings and structures, shown by two (2) foot contours and approximate elevations.

9. A landscape plan showing the location, names and area coverage of trees, shrubs and ground cover to be planted and the areas to be retained in natural vegetation, in accordance with Article 7.

10. Any locations intended for the outdoor display or storage of goods and merchandise.

11. Plans to remediate, remove, or control on site any contaminated soils, materials, underground storage tanks, combustible gases, or old landfills, dumps or disposal areas.

12. Plans for minimizing the impact on existing wetlands and/or hydric soils.

13. A lighting plan indicating all exterior building mounted and freestanding lights and structures including overall height, type of lamp, luminaries, and a statement that such lighting plan will meet the requirements of Section 8.5 of this Ordinance.

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14. Exterior building elevations of all proposed structures and existing buildings when existing building are proposed to be structurally altered. Elevations shall indicate the materials to be used in the design of the structure and the proposed color scheme.

15. Elevations of proposed free‐standing signs as well as the intended sign message/display and the materials and colors intended for the sign. “Typical” elevations shall be provided for wall mounted signs including color renderings of all sign faces; views of supporting members, poles, bases and pedestals; side views which indicate both signage depth and projections; method of illumination, colors samples, materials indications, and dimensions of all sign elements.

16. A location map locating the site in relation to the neatest intersection of two or more streets at a scale that can be easily traced. d. Combined Existing Conditions Map and Site Plan The requirements for each the Existing Conditions Map and Site Plan under Sections 6.6.b. and c. may be combined in a single map upon approval by the Zoning Administrator.

6.7 Agreement of Owner

All documents and information submitted as part of an application for site plan approval constitute a statement by the applicant that he intends and agrees to be bound to develop in accord with such information upon approval.

6.8 Notice Requirements

Site plans do not require a public hearing unless, however, a site plan application is filed concurrently with an application for a zoning amendment or an application for a special use permit, in which case the public notice shall state that site plan approval is sought as part of the application for the requested zoning amendment and/or special use permit.

6.9 Procedure for Decision ‐ Plan Commission and Board of Trustees Action

Plans that are filed with an application for a zoning map amendment or with an application for a special use permit shall be processed as a part of the amendment or special use. All other site plans shall be approved under the following procedure. a. Plan Commission Recommendation Within sixty (60) days of the date the site plan first appears on the agenda of the Plan Commission for action, the Plan Commission may vote to recommend approval or denial of the site plan by a majority of those Plan Commissioners present and voting. If the Plan

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Commission fails to vote within sixty (60) days after the item has first appeared on the Plan Commissions’ agenda the Plan Commission shall be deemed to have recommended denial unless such date is extended as mutually agreed upon by the applicant and the Plan Commission. b. Board of Trustees Action Within sixty (60) days of the date the site plan first appears on the agenda of the Board of Trustees for action, the Board of Trustees shall approve or deny the site plan or refer it back to the Plan Commission for further revisions. Approval shall be made by adoption of a resolution authorizing such site plan and any conditions thereon.

6.10 Standards for Plans

In reviewing and determining whether to approve or disapprove a plan, the Plan Commission, Board of Trustees, Zoning Administrator and Village Administrator shall consider those factors listed below which it determines to be applicable to a given plan. a. The application shall comply with the provisions of this Ordinance and other applicable ordinances of the Village. b. The plan shall be in conformity with the Comprehensive Plan. c. Provision shall be made to ensure that development will be served by essential public facilities and services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, or septic and schools.

d. Any building or structure shall be accessible to fire, police, emergency and service vehicles. When deemed necessary for access, emergency vehicle easements shall be provided. The access for fire, police and emergency vehicles shall be unobstructed at all times. e. Provision shall be made to ensure the compatibility of the proposed development, including mass, scale, site layout and site design with the character of the surrounding property and the neighborhood, including:

1. Relationship of Buildings to Sites i) The site shall be planned to achieve a desirable transition to the street, provide for adequate planting, safe pedestrian movement, and off‐street parking areas.

ii) Parking areas should include innovative ways to significantly screen the parking areas from views from public ways.

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iii) Without restricting the permissible limits of the applicable zoning district, the height and scale of each building shall be compatible with its site and existing (or anticipated) adjoining buildings.

2. Building Design

i) Structures shall be in scale and harmonious with adjoining buildings.

ii) Materials shall be selected for their harmony of the building and adjoining buildings. Materials shall also be selected for suitability to the type buildings and the design in which they are used. Materials shall be of durable quality.

iii) Exterior lighting shall be part of the overall architectural concept and fixtures, standards and exposed accessories shall be harmonious with the building design. Exterior lighting shall comply with the provisions of Section 8.5 of this Ordinance.

3. Signs

i) Every sign shall be designed as an integral architectural element of the building and site to which it principally relates.

ii) The colors, material and illumination of every sign shall be compatible and harmonious with the building and site to which it principally relates.

iii) Each sign shall be compatible with signs on adjoining premises and shall not compete for attention. f. Open space shall be configured to make that open space usable, functional, and appropriate to the development proposed. g. Streets and sidewalks shall provide access and good traffic circulation to and from adjacent lands, existing streets and sidewalks. h. Provision shall be made to ensure that adequate access roads or entrance or exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic congestion in public streets. i. Adequate water mains and fire hydrants shall be provided in accessible places in accordance with good fire fighting and fire prevention practice. j. Adequate provision shall be made for the collection and disposition of all on‐ and off‐ site

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storm water and natural water, including but not limited to on‐site drainage retention facilities. k. Adequate provision shall be made for the collection and disposition of sanitary sewage. l. Adequate provision shall be made to avoid an increase in hazard to adjacent property from flood, increased run‐off or water drainage. m. The obstruction of natural watercourses shall be prohibited. n. Adequate provision shall be made to minimize the impact on existing or developing wetlands and hydric soils. o. The requirements of Article 7, Landscaping, Buffering and Screening have been met.

6.11 Conditions on Plans

The Board of Trustees, in consideration of a site plan may impose certain conditions in granting plan approval to minimize negative or adverse impacts due to the proposed development.

6.12 Modifications of Plans

Changes to site plans require reconsideration and reapproval by the Plan Commission and Board of Trustees as provided in this section.

6.13 Lapse of Approval

Unless the Board of Trustees provides otherwise by ordinance or unless the Board of Trustees has extended the term of site plan approval, plan approval shall automatically lapse one (1) year after the date of approval of the plan, unless a building permit has been issued and construction commenced.

6.14 Village’s Authority to Retain Outside Professional Services

In accordance with applicable state and local law, the Village may retain professional assistance from outside the Village staff in the review of information submitted pursuant to this Section, or as otherwise required by the Zoning Administrator to carry out the purpose of the same. All reasonable costs incurred as a result of such professional assistance shall be borne by the applicant.

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ARTICLE 7: LANDSCAPING, BUFFERING AND SCREENING

7.1 Purpose

The landscaping, screening and site design requirements specified herein are intended to foster aesthetically pleasing and functional development. The regulations are intended to enhance the compatibility between adjacent land uses and structures, both within and between developments. It is also the intent of this section to establish regulations limiting the removal and ensuring the replacement of trees within the Village to safeguard the ecological and aesthetic environment of the community. Further. the requirements serve to minimize impacts from noise, dust, debris and motor vehicle headlights to surrounding land uses.

7.2 Landscape Plans ‐ When Required

Landscape plans shall be required for all developments proposing exterior modifications or alterations that require: a. Site Plan approval b. Special Use approval c. Planned Unit Development approval

The procedure for landscape plan approval shall follow the procedure for site plan approval, special use approval, or Planned Unit Development approval as applicable. Landscape plans shall be prepared in accordance with the requirements of this Article.

7.3 Landscape Architect

All landscape plans shall be prepared by a State of Illinois Registered Landscape Architect.

7.4 Submission Requirements

Each application shall include twenty (20) copies of all full sized documents and drawings. For all graphic and plan drawings, a scale of not less than one inch equals one hundred feet (1” = 100’) shall be used. In no event shall individual sheets or drawings exceed thirty (30) inches by forty‐two (42) inches. All sets of drawings submitted shall be folded.

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7.5 Landscape Plan Content

7.5.1 Requirements for a Landscape Plan

A landscape plan shall include the following elements: a. A completed application form and appropriate fee. b. Location and dimensions of existing and proposed buildings and structures within the development site and within one hundred (100) feet of the development site. c. The locations and dimensions of all existing and/or proposed parking lots, drives, roadways, and rights‐of‐way, sidewalks, bicycle paths, freestanding signs, refuse disposal areas, bicycle parking areas, free‐standing electrical equipment, free‐standing signs, building‐mounted heating, ventilating and air circulation equipment, and all fences. d. Species, planting size and location of proposed plant material required under this Article. e. All proposed building and parking facilities and all forms of ornamental or other lighting, including specifications as to the height, type of lamp, luminaries and light reflective shields to be used. f. Methods of required screening for refuse disposal areas, and horizontal elevations and sections of construction design. g. The location of all off‐street loading areas, including an indication whether loading docks will be enclosed and methods of proposed screening. h. Locations of hose connections and other water system sources or devices, if any. i. The location and placement of all proposed waterlines and sprinkler heads of irrigation systems. j. The location of existing and proposed utility easements and the type of utilities anticipated for placement within proposed easements and existing utility lines, both above and below ground. k. As a separate drawing, an existing tree survey and preservation plan required under this Article.

l. As a separate drawing, a grading plan indicating existing and proposed contours at one foot

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contour intervals, including any proposed berming which should be shown in two (2) foot contour intervals. m. The following calculations, in square feet, displayed on the landscape plan:

1. Total site area

2. Total area devoted to vehicular circulation (including off‐street parking and access)

3. Total area devoted to all impervious surfaces (including buildings and pavement)

4. Total landscaped area

5. Total parking lot landscaping

6. Total internal landscaping n. The delineation of the sight distance triangle where applicable. o. Any other plan documentation requirements, including elevations, cross‐sections and other plan details as deemed necessary by the Village Planner.

7.6 Required Landscaping and Screening

7.6.1 Tree Preservation

a. Intent

It is the intent of this Section to encourage the preservation of existing trees and, in doing so, safeguard the ecological and aesthetic environment of the community. They are intended to serve and dissuade the unnecessary clearing and disturbing of land so as to preserve, insofar as practical, the existing natural vegetation with plant material indigenous to the region. b. Protection of Existing Trees and Plant Communities

1. Tree Survey A tree survey shall be submitted at the time of site plan review indicating the location, size and species (both scientific and common) of all trees located on the parcel with a trunk size of four (4) inches or greater. Trees shall be measured in accord with the American Association of Nurserymen’s Industry Standard (AANIS).

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2. Illinois Department of Conservation Action Plan Any undeveloped land, or portion of undeveloped land that has been left relatively undisturbed for fifty (50) years or more shall require a plant survey and recommended action plan completed by the Illinois Department of Conservation.

3. Integration of Existing Trees into Landscape Plan Reasonable efforts shall be made to retain existing plant material on the aforementioned survey, considered desirable species and healthy plant material, through the integration of those trees into the landscape plan for the proposed development. Said plan shall indicate the trees to be preserved and the trees to be removed as a result of development.

4. Tree Preservation The methods that are to be used to preserve those tees shall be clearly specified in the landscape plan. If, in the opinion of the Village Planner, the necessary precautions were not undertaken before or during construction to ensure their preservation, the land development permit for the parcel shall not be issued or, if previously issued, may be revoked until such time as these precautions have been complied with. The following precautions shall be taken in connection with new development proximate to existing trees:

i. Grading and Construction Equipment. All grading and construction equipment shall not encroach upon the trees’ drip line.

ii. Materials Detrimental to Trees. Crushed limestone and other materials detrimental to trees shall not be dumped within the drip line of any trees nor at any higher location where drainage toward the tree could conceivably affect the health of the tree.

iii. Installation of Snow Fencing. Snow fencing shall be installed at the periphery of the trees’ drip line. c. Trees Designated for Preservation ‐‐ Damaged Trees or Trees Removed without Authorization Where trees which are designated to be preserved as part of the landscape plan are damaged or removed as a result of construction, new replacement trees shall be required. A minimum of two (2) replacement trees shall be required for each designated tree damaged or removed. All replacement trees shall have a minimum trunk size of three (3) inches in diameter.

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d. Amended Landscape Plan Resulting from Unauthorized Tree Removal The removal of trees designated for preservation shall require the approval of an amended landscape plan under the procedures for which the original landscape plan was approved. The amended landscape plan shall indicate the location, species and size of all replacement trees required under Section 7.6.1 .c.

7.6.2 Requirements for Parkway Trees a. When Required Parkway trees shall be required for new developments within all Zoning Districts. b. Location and Number of Parkway Trees Parkway trees shall be provided at a ratio of one (1) tree for each forty (40) linear feet, or fraction thereof, of street frontage. There shall be a minimum spacing of twenty (20) feet and a maximum spacing of forty (40) feet in either a linear or clustered pattern. Trees shall be located within the right‐of‐way on an alignment parallel to the back of curb and an equidistant dimension between the right‐of‐way and back of curb with a minimum spacing of twenty (20) feet from street light poles, fire hydrants, or any other obstruction or hazard the Village Planner deems reasonable cause for separation. c. Tree Selection

1. Tree selection shall be in accordance with the provisions of Section 7.8.

2. For trees within the public right‐of‐way, or trees otherwise to be maintained by the Village of Volo, there shall be no more than twenty percent (20%) in total of any single species in proportion to the planting requirement. d. Planting Requirement ‐ Timing Parkway trees shall be planted at the time of development, unless a performance bond is approved in accordance with Section 7.9.

7.6.3 Requirements for Interior Parking Lot Landscaping a. Applicability Parking lot landscaping shall apply in all zoning districts except RE, R1, and R2 districts. However, all nonresidential developments within residential zoning districts shall comply with the requirements of this section. Interior parking lot landscaping shall apply to developments requiring four (4) or more off‐street parking spaces.

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b. Interior Parking Lot Landscaping

1. Coverage Not less than ten percent (10%) of the interior of a parking lot shall be devoted to landscaping. The “interior” of a parking lot shall mean the area inside the backs‐ of‐ curbs or edge of pavement encompassing all vehicular use areas including parking access, and circulation. Perimeter landscaping islands penetrating the parking area may count toward the ten percent (10%) minimum landscaping requirement, provided all other requirements are met. Perimeter yards, transition setbacks, or internal landscaping shall not count toward parking lot landscaping.

2. Landscape Areas

i. Dispersion Interior parking lot landscaping is intended to be distributed throughout the parking lot. The design should facilitate pedestrian access through the site and seek to separate vehicle traffic from pedestrian traffic.

ii. Minimum Area Where provided, fill mid‐row and end‐row landscaping islands shall be a minimum of one hundred eighty (180) square feet in area with no dimensions less than eight (8) feet from back‐to‐back of curb.

3. Landscaping Material

i. Type. The primary landscaping materials used in parking lots shall be shade trees. The Village Planner may authorize the use of ornamental trees, shrubbery and other live planting material to supplement shade trees, as appropriate.

ii. Quantity. One large to medium shade tree shall be provided for each one‐ hundred and eighty (180) square feet of landscaped area.

iii. Ground Cover. A minimum of seventy‐five percent (75%) of each interior parking lot landscaping area shall be composed of live landscape material.

7.6.4 Requirements for Perimeter Parking Lot Landscaping a. Applicability Perimeter parking lot landscaping shall be required in addition to all other landscaping areas, except where parking lots are adjacent to a required transition setback. Perimeter parking lot landscaping shall apply to all off‐street parking areas.

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b. Landscaping

1. Planting material Across From or Adjoining a Nonresidential Property Where a parking lot is located across a dedicated public right‐of‐way from or adjoins property zoned for a nonresidential use, or designated for nonresidential use in the Comprehensive Plan, landscaping shall be provided across fifty percent (50%) of the street frontage to a minimum of three (3) feet in height. Such landscaping shall consist of shrubbery.

2. Across from a Residential Property Where a parking lot is located across a dedicated public right‐of‐way from property zoned for a residential or mixed use district, or designated for a residential use in the Comprehensive Plan, landscaping shall be provided across one‐hundred percent (100%) of the street frontage (except for intersecting drives. signs and other obstructions to landscaping) to a minimum of three feet in height. Such landscaping shall consist of shrubbery.

3. Special provisions for the B1 District

i. All surface parking lots should be screened from public walks and street rights‐ of way by a five (5) foot wide planting strip containing plant material no less than thirty six (36) inches high. Walls or fences not exceeding forty‐two (42) inches may be acceptable, if setback from the street right‐of‐way is at least three (3) feet to permit landscaping on the street side of the wall. However, in all cases the visibility triangle shall be observed at street intersections.

ii. Parking structures should be setback from the street right‐of‐way a minimum of eight (8) feet to provide an adequate landscape area.

iii. Parallel or diagonal on‐street parking should provide for a grass parkway of five (5) feet between the curb and sidewalk in the public right‐of‐way.

4. Ground Cover Except where occupied by planting beds, all perimeter parking lot landscaped areas located in a street yard shall be seeded or sodded.

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7.6.5 Requirements for Perimeter Yard Landscaping a. Applicability Except in the B1/P.U.D. District perimeter yard landscaping is required in all developments requiring landscape plan approval. Perimeter yards shall meet the requirements of this subsection, except where a transition setback may be required. b. Landscaping and Clustering Landscaping shall be provided at a rate of one (1) shade tree for each sixty (60) feet along the lot lines encompassing the boundary of the lot or zoning lot. Subject to plan approval, trees may be clustered and need not be spaced at even intervals. c. Ground Cover Perimeter yards shall maintain a minimum of seventy‐five percent (75%) of living landscaped ground cover. d. Planting in Right‐of‐Way Required plantings may be located within public right‐of‐way or within special landscaped setback areas upon approval by the Village Planner and the Village Engineer.

7.6.6 Requirements for Foundation Landscaping a. Applicability Except for the B1/P.U.D. District, foundation landscaping is required in all developments requiring landscape plan approval. Foundation landscaping is intended to visually soften the mass of buildings and to visually separate building areas from parking areas. Foundation landscaping generally includes areas surrounding the perimeter of buildings and site improvements.

b. Landscaping

1. A minimum of two percent (2%) of the site’s net area shall be dedicated to foundation landscaping. Such area shall be improved with shrubs and/or trees in accordance with the following.

2. A minimum of one (1) tree for each five hundred (500) square feet of required interior landscaping shall be provided.

3. Minimum Number of shrubs

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Up to one‐half of the required tees may be substituted by shrubs adjacent to retail storefronts where the view of signs may be disturbed. Ten (10) shrubs a minimum height of three (3) feet may be provided in replacement of each tree to be removed. c. Location of Minimum Required Landscaped Areas

Foundation landscaping shall be located as follows:

1. Adjacent to building facades that are readily visible to the general public; and/or

2. Within a plaza or courtyard, in front of, or between buildings.

3. Paved plazas or courtyards may qualify provided plazas have trees that provide visual relief to building elevations from public views.

4. In a similar location which substantially meets the intent of this subsection, if approved as part of the landscape plan.

7.6.7 Transition Setbacks a. Applicability A transition setback is intended to provide a physical separation between potentially incompatible uses with landscaping and screening. In all cases where a transition setback is required, the requirements of this section shall substitute for any perimeter yard or parking lot screening requirement along the portion of any affected yard. Transition setbacks are required along and within the yard(s) of a nonresidential or multi‐family development or zoning district that directly adjoin a single‐family residential district, a mixed‐use district where single‐family uses are established, or planned to be established, or land designated for single‐family residential use in the Comprehensive Plan. This requirement does not apply to a nonresidential or multifamily development that lies across a public street right‐ of‐way from land zoned or designated in the Comprehensive Plan for single‐family residential use. b. Landscaping

1. Quantity Transition setbacks shall be improved with one medium to large shade tree for each four hundred (400) square feet of area within the setback. Sixty‐six percent (66%) of the total trees required shall be evergreen trees. However, evergreen trees may replace the required number of deciduous trees at a rate of two (2) evergreen trees for each deciduous tree.

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For transition setbacks greater than twenty (20) feet in depth. two additional shrubs or one ornamental tree shall be provided for each five (5) medium to large shade trees required.

2. Berming, screening and ground cover

i. Berming Transition setbacks may include earth berms. The placement of berms is encouraged to provide a change in orientation and undulation, and not necessarily be designed in a straight and linear pattern. Plantings placed on top of berms are restricted to species compatible with the terrain.

ii. Screening In a transition setback, berming, fencing and landscaping shall be used to provide a visual year round screen to a minimum height of six (6) feet.

iii. Ground Cover All transition setbacks, except where occupied by other landscape material shall be seeded or sodded.

7.6.8 Landscaped Corridors a. Applicability These landscaping requirements will apply within special corridor setbacks required as part of the CO Corridor overlay zoning district.

b. Landscaping Material Setbacks in the CO Corridor Overlay district shall be improved with two (2) deciduous trees, one (1) ornamental tree, two (2) evergreen trees, and thirty (30) shrubberies per each two hundred (200) lineal feet. Landscaping may be permitted in public Street right‐of‐way, if authorized as part of plan approval. Additionally, plant materials used shall include salt resistant varieties as recommended by the Illinois Department of Transportation.

7.6.8 Screening and Landscaping requirements for Building Appurtenances and Related Elements. a. Rooftop Mechanical Equipment All roof mounted mechanical equipment shall be screened on all sides visible from any property line. Screening may include parapet walls or other opaque screening materials

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similar and compatible in color and texture to the exterior building materials on which the unit is located. b. Exterior Electrical and Utility Equipment All ground mounted electrical and utility‐related connection and service boxes shall be effectively screened with shrubbery or other forms of living plant material to a minimum of fifty percent (50%) opacity at the time of planting. The Village Planner may approve alternative methods of screening where it is found that the size or positioning of the equipment to be screened presents unique conditions or difficulty in accomplishing the intent of this paragraph. This provision is not intended to apply to individual service pedestals not less than eight (8) inches by eight (8) inches. c. Free‐Standing Signs All free‐standing sign locations shall provide for landscaping around the base of the sign a minimum of two (2) feet from any portion of the base of the sign. Landscaping shall include shrubbery or annual flowering plant material or other plant material, subject to approval of the Village Planner.

7.7 Design Standards

7.7.1 General Design Criteria a. The following general design criteria shall be observed:

1. Softening of Fences and Walls Plant materials should be intermittently placed along long expanses of buildings, walls, fences and other barriers to create a softening effect.

2. Detention and Retention Basins and Ponds Detention and retention basins and ponds shall be landscaped and should include shade and ornamental trees, evergreens, shrubbery, hedges and other live planting material.

3. Berming Earthen berms and existing topography should, wherever practical, be incorporated into the landscape treatment of the site.

7.7.2 Minimum Planting Requirements a. Minimum planting sizes shall be as follows:

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1. Large deciduous shade trees ‐ three (3) inches caliper as measured six (6) inches above ground

2. Medium deciduous shade trees ‐ two and one‐half (2.5) inches caliper as measured six (6) inches above ground

3. Small deciduous and ornamental trees ‐ six (6) feet in height, with the exception of true dwarf species.

4. Evergreens ‐ six (6) feet in height

5. Shrubs ‐ twenty‐four (24) inches

6. Ground cover plants, whether in the form of crowns, plugs or containers shall be planted in numbers appropriate by species to provide fifty percent (50%) surface coverage after one growing season.

b. Methods of determining planting sizes shall be as follows: Plant sizes shall be measured in accord with the American Association of Nurserymen’s Industry Standard (AANIS). c. Ground Cover Specifications

1. Areas to be Graded and Sodded. Areas to be sodded shall be graded smooth and topped with at least four (4) inches of black dirt after compacting and removal of stumps, trees that cannot be saved, boulders and other debris. Swales, which require sodding, shall have a minimum sodding width often (10) feet.

2. Areas to be Graded and Seeded. All open areas of the development, which are not paved, sodded or otherwise landscaped, shall have a new lawn established through seeding.

7.8 Plant Materials

7.8.1 Prohibited Plant Varieties The following lists of Plants are restricted from use in any areas covered by this Ordinance. The Village encourages the use of native plant species indigenous to the Greater Northern Illinois region.

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Common Name Scientific Name

Large Trees

Weeping Willow Salix alba Populars (except Cottonless Cottonwood) Populus alba and others Box Elder Acer negundo Tree of Heaven Ailanthus altissima Chinese Elm Ulmus siberica Female Ginkgo Ginkgo biloba female Mulberry Morus alba and others Black Locust Robinia pseudoacacia Sycamore Platanus occidentalis Seedling Form Soft (silver) Maple Acer Saccharinum (improved forms are allowed)

Medium Trees

All Fruit Trees Elaeagnus angustifolia Russian Olive

Shrubs

Common Buchthorn Rhamnus cathartica Fall Honeysuckle Lonicera maacki podocarpa Tatatian Honeysuckle Lonicera tatarica

7.8.2 Planting Methods Plants shall be installed in accord with the American Association of Nurserymen’s Industry Standard (AANIS).

7.9 Performance Guarantee and Maintenance

7.9.1 Performance Guarantee

All required landscaping materials, both living and non‐living, shall be in place prior to the time of issuance of a final certificate of occupancy, weather permitting. In periods of adverse weather conditions, a temporary certificate of occupancy may be issued, subject to the posting of a cash escrow or irrevocable letter of credit in an amount equal to one and one‐half times the estimated cost of the landscaping, with said estimated cost to be certified by a landscape

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contractor. The cash escrow or irrevocable letter of credit may be forfeited if the landscaping is not completed within one year after the issuance of the temporary certificate of occupancy. Forfeiture of any cash escrow or irrevocable letter of credit shall not relieve the owner of the responsibility to complete the required landscaping. The performance guarantee shall also be accompanied by a statement of the owner giving the Village the right to enter upon the property to complete landscaping in the case of forfeiture.

7.9.2 Maintenance of Landscaping and Maintenance Bond

a. Trees, shrubs, and other landscaping materials depicted on landscaping plans approved by the Village shall be considered to be elements of the project in the same manner as parking, building materials and other details. The developer, its successor and/or subsequent owners and their agents shall be responsible for maintenance of landscaping on the property on a continuing basis for the life of the development. Plant materials which exhibit evidence of insect pests, disease and/or damage shall be appropriately treated, and dead plants promptly removed and replaced within the next planting season after installation. All landscaping will be subject to periodic inspection by the Zoning Administrator, or his or her designee. Should landscaping not be installed, maintained and replaced as needed to comply with the approved plan the owner and its agent or agents shall be considered in violation of the terms of the certificate of occupancy. The Zoning Administrator is empowered to enforce the terms of this Article.

b. As a condition to issuance of a final certificate of occupancy, a cash escrow or irrevocable letter of credit in the amount of twenty‐five percent (25%) of the initial landscaping costs shall be posted to ensure the needed replacement of materials and the continued maintenance of the same for a period of two years after initial installation. Said cash escrow or irrevocable letter of credit may be forfeited if the necessary maintenance and replacement has not been performed in a satisfactory manner within the two‐year period. Further, should it be determined that the landscaping as approved on the landscaping plan is not being maintained as specified beyond the initial two‐year maintenance period, resubmission of the approved plan and the posting of an additional maintenance escrow may be required by the Village.

7.10 Administrative Relief and Plan Revisions

7.10.1 Administrative Relief A written application for administrative relief of the requirements of this Article may be filed with the Zoning Administrator. Ten (10) copies of the application and all supporting documentation shall be submitted. Such application shall be submitted with the landscape plan and demonstrate the following:

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a. The strict application of the regulation in question is unreasonable given the development proposal or the measures proposed by the applicant, or that the property has extraordinary or exceptional physical conflicts that do not generally exist in nearby properties in the same zoning district and such conditions will not allow a reasonable use of the property in absence of relief. b. Dependent upon the approval process under which the application for relief is sought, the approving authority shall make the final decision upon whether any relief from these requirements may be approved.

7.10.2 Effect of Approval ‐ Plan Revisions An application may be made following the initial submission of a landscape plan to propose alternatives or changes to the approved plan or any plans pending approval or as may be requested by the Village. Any alterations or changes to a plan document upon resubmission to the Zoning Administrator shall include plan copies required under Section 7.4 together with a written statement indicating all changes made and a revision block on the face of the plan(s) indicating each date of revision.

All plan changes shall be represented on the face of the plan(s) by notation encompassing the area of change and with reference to the written statement of changes. Except where changes are noted, the content of the plan is presumed to be that of the last plan accepted by the Village. The Village may reject any plan changes where insufficient documentation of the location and nature of the change(s) lends the proposed revisions uninterruptible.

Any proposed changes to a landscape plan following final action on the plan shall constitute a new application subject to the procedures and requirements of this Article.

ARTICLE 8: EXTERIOR LIGHTING REGULATIONS

8.1 Purpose Exterior lighting is used to illuminate residential, commercial, industrial and public uses, parking lots, sidewalks, signs, and other elements within the Village. When well designed and properly installed, exterior lighting can be and is very useful in improving visibility and safety, providing a sense of security, and complementing the character of the Village. If exterior lighting is not well designed and properly installed it can be inefficient, cause glare, and create light trespass and sky glow. Light trespass falling over property lines can illuminate adjacent grounds or buildings in an objectionable manner.

In order to insure that exterior lighting is well designed and impacts on adjacent properties are limited, the following requirements are set forth controlling exterior lighting in both residential

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and nonresidential zoning districts.

8.2 Definitions

a. Cutoff: The point at which all light rays emitted by a lamp, light source or luminaire are completely eliminated (cutoff) at a specific angle above the ground. b. Cutoff Angle: The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted. c. Exterior Lighting: The illumination of an outside area or object by any manmade device located outdoors that produces light by any means. d. Fixture: The assembly that houses the lamp or lamps including all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens. e. Flood or Spotlight: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction. f. Foot‐candle (FC): A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one (1) standard candle. g. Foot‐candle ‐ Horizontal Measurement: The measurement of foot‐candles utilizing a direct reading, portable light meter mounted in the horizontal position. h. Foot‐candle ‐ Vertical Measurement: The measurement of foot‐candles utilizing a direct reading, portable light meter mounted in the vertical position. i. Glare: Light emitting from a luminaries with an intensity great enough to reduce a viewer’s ability to see, cause discomfort and, in extreme cases, cause momentary blindness.

j. Height of Luminaries including total height: The height of a luminaries shall be the vertical distance from the ground directly below the centerline of the luminaries to the lowest direct light‐emitting part of the luminaries. The total height shall be the height of the pole, including the base and any mounting arms or other attachments to which the luminaries is mounted, as measured from the ground directly below the highest part of the pole or any of its attachments, to the top of the pole or luminaries whichever the case may be. (See Figure B)

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k. Illumination System: The totality of the equipment installed to provide exterior lighting on a developed property. The illumination system shall include all building, canopy, pole and ground mounted luminaries including, all wiring, circuitry, and other devices installed to create exterior lighting. l. Lamp: The component of a luminaries that produces the actual light. m. Lamp wattage: The amount of power of a lamp expressed in watts. n. Light, Direct: Light emitted directly from the lamp, off a reflector or reflector diffusers or through the refractor or diffuser lens of a luminaries. o. Light, Indirect: Direct light that has been reflected or scattered off other surfaces.

p. Light Loss Factor: A factor applied to lamps, which estimates the lumen output of a lamp sometime after installation. (For example, a lamp with an initial lumen rating of 10,000, which has a light loss factor of 0.7, is estimated to put out 7,000 lumens. A lamp with an initial lumen rating of 10,000, which has a light loss factor of 1.0, is estimated to put out 10,000 lumens). q. Light Trespass: The shining of light produced by a luminaries beyond the boundaries of the property on which it is located. r. Lumen: A unit of luminous flux. One foot‐candle is one lumen per square foot. For the purpose of this section, the lumen value shall be the initial lumen output rating of a lamp. s. Luminaries: A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative pans. (See Figure A for examples of luminaries with and without cutoffs.) t. Luminaries, Cutoff Type: A luminaries containing elements such as shields, reflectors, or refractor panels that direct and cutoff a direct view of the light source at a cutoff angle. u. Operating Hours: The period of time from one hour prior to opening to one hour after closing of a nonresidential establishment. v. Security Hours: The period of time from one hour after closing to one hour prior to opening of a nonresidential establishment.

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8.3 Regulations

All public and private exterior lighting installed in the Village of Volo shall be in conformance with the requirements established by this section.

8.3.1 Procedure a. Lighting Plan Required A lighting plan is required for all developments proposing exterior modifications or alterations which require:

1. Site Plan approval

2. Special Use approval

3. Planned Unit Development approval

At the time any exterior lighting is installed or substantially modified, a lighting plan shall be submitted to the Zoning Administrator in order to determine whether the requirements of this section have been met. In addition to the foregoing a lighting plan shall be required for all requests for variations from the standards imposed in this section. b. Contents of a Lighting Plan

Where a lighting plan is required, said plan shall include the following:

i. A site plan showing pole locations, building mounted lights, bollard lights with schematic wiring layout and power source connection.

ii. Specifications for luminaries and lamp types, poles, wiring, conduit and appurtenant construction including photographs or drawings of proposed luminaries.

iii. Pole, luminaries and foundation details including pole height, height of building mounted lights, mounting height and height of the luminaries.

iv. Elevations of the site including buildings, luminaries and other structures sufficient to determine the total cutoff angle of all luminaries and their relationship to abutting parcels.

v. Lamp wattage of all luminaries proposed.

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vi. Photometric plans which show the foot‐candle ‐ horizontal measurement internal to the site and at the property lines and the foot‐candle ‐ vertical measurement at the property lines only. Photometric plans shall be based on a light loss factor of 1.0.

vii. Other information and data reasonably necessary to evaluate the required lighting plan pursuant to the request of the Zoning Administrator.

8.4 Measuring Light Levels

8.4.1 Metering Equipment

Light levels of both direct and indirect light shall be measured in foot‐candles with a direct reading, portable light meter. Readings shall be taken only after the cell has been exposed long enough to provide a constant reading.

8.4.2 Method of Measurement

Foot‐candle ‐ horizontal measurements shall be taken along a horizontal plane at a height of three and one‐half (3 1/2) feet above the ground.

8.5 Standards and Requirements

8.5.1 Fixtures, Height

Luminaries shall be white, metal halide, downcast, cut‐off type only and the exterior pole mounting of said fixtures shall not exceed thirty (30) feet in height, as measured from grade.

8.5.2 Maintained Horizontal Illuminance Levels

General Parking and Pedestrian Area

Minimum Foot‐candle Value Permitted: 0.6 Maximum Average Foot‐candle Value Across Area: 5.0 Uniformity Ratio (average/minimum): 4:1

Vehicle Use Area Only*

Minimum Foot‐candle Value Permitted: 1.0

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Maximum Average Foot‐candle Value Across Area: 5.0 Uniformity Ratio (average/minimum): 4:1

*Vehicle use only areas are those areas where conflicts with pedestrians are not likely to occur (e.g. service areas, access drives).

Illumination levels shall not exceed 0.5 foot‐candles at perimeter lot lines. Property owners may place ground level accent lighting at lot entrances and along main roads subject to approval of the Zoning Administrator.

8.5.3 Standards for Luminaries Cutoffs (See Definitions and Figure C) a. Cutoff Angle To be considered cutoff luminaries the cutoff angle shall be seventy‐five (75) Degrees or less. b. Control of Glare Cutoff luminaries shall be designed to completely shield the light source from an observer three and one‐half (3 ½) feet above the ground at any point along an abutting property line.

8.5.4 Standards for Luminaries Under a Canopy (for nonresidential uses)

Luminaries mounted to the underside of a canopy, which provide overhead illumination shall be recessed such that no part of the luminaries or the lamp shall extend below the exterior edge of the canopy.

8.6 Exceptions

8.6.1 Public Roadway Lighting

Luminaries used for public roadway illumination by a public transportation agency are exempt from the requirements of this section but may be subject to the regulations of Federal or State agencies or by other intergovernmental agreements.

8.6.2 Emergency Lighting All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaries, shall be exempt from the requirements of this section.

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8.7 Prohibited Lights

8.7.1 Flickering, or Flashing Lights

The Board of Trustees shall permit no flickering or flashing lights unless authorized in a lighting plan approved as a special use or Planned Unit Development.

8.7.2 Searchlight and Laser Source Lights

No searchlights, laser source lights or any similar high intensity light shall be permitted.

8.7.3 Mercury Vapor Lamps

No lamps utilizing mercury vapor shall be permitted.

8.8 Non‐conforming Lights

8.8.1 Luminaries lawfully in place prior to the date of this Section but which do not conform to the requirements and standards of this Section shall be considered legal nonconforming uses.

8.8.2 Legal non‐conforming luminaries that meet the performance standards for foot‐candle levels and screening requirements of this section but may exceed the physical standards such as height or setbacks herein may continue and are not subject to amortization requirements.

8.8.3 Legal non‐conforming luminaries that exceed the foot‐candle standards set forth in this Section and/or direct light or glare towards streets, parking lots, residences or property lines and result in a problematic or dangerous condition shall be either shielded, redirected or otherwise modified to meet the requirements of this Section within sixty (60) days of notification, or apply for an extension of the time period for compliance or apply for a variation with a specific time period for amortization.

ARTICLE 9: OFF‐STREET PARKING AND LOADING REGULATIONS

9.1 Off‐Street Parking

9.1.1 Purpose The purpose of this Section is to increase safety and lessen congestion in the public streets, to adequately provide for parking needs associated with the development of land and increased

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automobile usage, to set standards for the requirements of off‐street parking and loading facilities according to the amount of traffic generated by each use, and to eliminate the on‐ street storage of vehicles along major traffic routes.

9.1.2 Applicability

a. For all buildings and structures erected and all uses of land established after the effective date of this Ordinance, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of this Zoning Ordinance, and provided that construction is started within one (1) year of such effective date and diligently prosecuted to completion, parking and loading facilities as required herein need not be provided. b. When the intensity of use of any building, structure or premise is increased through the addition of dwelling units, gross floor area, seating capacity, or other specified unit of measurement, parking and loading facilities shall be provided for such increase in intensity of use as required by this Article.

However, no building or structure lawfully erected, or use lawfully established prior to the effective date of such ordinance shall be required to provide additional parking or loading facilities unless the aggregate increase in units of measurement shall equal not less than fifteen percent (15%) of the units of measurement existing upon the effective date of this Ordinance, in which event parking and loading facilities as required herein shall be provided for the total increase. c. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking and loading facilities shall be provided as required for such new use. However, if the said building or structure was erected prior to the effective date of this Ordinance, additional parking and loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Ordinance.

9.1.3 General Provisions a. Existing Parking and Loading Facilities Off‐street parking and loading facilities in existence on the effective date of this Ordinance shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements established under the provisions of this Article.

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b. Submission of Parking and Loading Plan Any application for a building permit, or occupancy permit, or any application for approval of a site plan, special use or Planned Unit Development shall include a parking and loading plan conforming to the requirements of this Article. c. Location All parking spaces required to serve buildings or uses erected or established after the effective date of this Article shall be located on the same zoning lot as the building or use served, except that parking spaces to serve non‐residential buildings may be located within three hundred fifty (350) feet of such building if said spaces and uses they are intended to serve are located in a mixed‐use or nonresidential zoning district.

Owners of property, nonconforming as to parking, who elect to provide parking and become conforming may locate such parking on land other than the zoning lot on which the building or use is located, as allowed in this Section. d. Control of Off‐Site Parking Facilities In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such possession may be either by deed or long‐term lease, the term of such lease to be determined by the Plan Commission; and such deed or lease shall be filed for approval by the Village Attorney. The deed or lease shall require such owner, heirs and assigns to maintain the required number of parking facilities for the duration of the use served. The deed or lease shall be recorded in the Lake County Office of the Recorder of Deeds. e. Collective Provision Off‐street parking facilities for separate uses may be provided collectively if the total number of spaces so provided is not less than the sum of the separate requirements of each such use and all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one (1) use unless otherwise authorized by the Board of Trustees, and except as provided in paragraph f, below. f. Shared Parking Facilities 1. Up to fifty percent (50%) of the off‐street parking requirements for buildings or uses not normally open or operating during regular business hours (e.g. theaters or churches) may be provided by off‐street parking facilities for buildings and uses that are normally open or operating during regular business hours (e.g. banks, business offices, retail stores, personal service shops, manufacturing buildings, etc.). provided that all other requirements of this Article are met.

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Shared off‐street parking may be approved by the Board of Trustees as part of a special use or Planned Unit Development or by the Zoning Administrator where an application does not otherwise require approval by the Board of Trustees. The Zoning Administrator, Plan Commission or Board of Trustees may require any necessary studies on behalf of the applicant to determine the operational characteristics of the shared parking proposal. A properly drawn legal instrument executed by all of the parties involved in the joint use of such off‐street parking shall be filed with the application for approval of shared parking, which instrument, shall be duly approved as to form and manner of execution by the Village Attorney.

2. As part of a multiple‐use Planned Unit Development where traditional design techniques encourage pedestrian access to more than one use from a common parking facility the total parking requirement for all uses collectively within the Planned Unit Development may be reduced by up to fifteen percent (15%). The Board of Trustees may approve such a reduction, if, in its opinion, the proposed pedestrian‐oriented design will conveniently service several destinations from a single parking space. g. Landbanking of Required Parking As part of approval of a site plan, special use, or Planned Unit Development the Board of Trustees, upon recommendation of the Plan Commission, may reduce the total number of off‐street parking spaces to be improved provided that adequate land area has been set aside to accommodate the total number of required parking spaces which may be subsequently required. Landbanking for required off‐street parking may be approved subject to the property owner(s) acceptance of the conditions set forth below, as well as any other conditions deemed appropriate by the Board of Trustees:

1. The Board of Trustees shall have the right, in its sole discretion and at any time, to require the property owner and successors to increase the number of parking spaces up to the maximum required by Section 9.2 of this Article.

2. Every application for approval of a site plan, special use, or Planned Unit Development seeking to allow landbanking of required parking spaces shall be accompanied by a site plan which designates the location and design of all off‐ street parking improvements required under this Article. The Plan shall indicate those off‐street parking areas, access drives, landscaping, lighting and other improvements requested to be landbanked. The plans shall include the same level of detail required for site plans.

3. As a condition of granting approval of a site plan, special use, or Planned Unit Development, the applicant shall file with the Zoning Administrator an unconditional

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agreement and covenant in a form and substance satisfactory to the Village Attorney that areas reserved for future parking shall be maintained as landscaped open space unless and until such areas are required to be used for off‐ street parking. The agreement and covenant shall be recorded with the Lake County Recorder of Deeds. h. Computation When the calculation that determines the number of off‐street parking spaces required by this Ordinance results in a fractional space, any fraction shall be counted as one (1) parking space. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing or both, on the premises at any one time. i. Utilization Except as may otherwise be provided for the parking of trucks, required off‐street parking facilities serving a use shall be utilized solely for the parking of passenger automobiles of patrons, occupants, or employees of such uses.

9.1.4 Special Provisions for the B1 Business District

Within the B1 Business District required off‐street parking may be waived subject to the approval of the Board of Trustees. Owners, lessees, successors and assigns in possession of property who choose, or are unable to provide required parking on the zoning lot or within three hundred and fifty (350) feet of the zoning lot, shall pay to the Village five thousand dollars ($5,000) for each required off‐street parking space required which is sought to be waived. The total required payment in lieu of off‐street parking space development shall be approved by the Board of Trustees and shall be paid prior to the issuance of a building permit or a certificate of occupancy. These provisions apply to new development, whether in the form of new construction or a change in use.

9.1.5 Design and Maintenance: a. Plan Approval The design of off‐street parking facilities shall be subject to the approval of the Village Engineer and/or the Village Planner, or in the case of site plans, special uses and Planned Unit Developments, the Board of Trustees with the recommendation of the Plan Commission. b. Size All requirements as to size shall be as hereinafter set forth in Table 2, Off‐Street Parking Module Dimensions.

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c. Access Each off‐street parking space shall open directly upon an aisle or driveway at least 12 feet wide, or 24 feet for a two way aisle, or such additional width and design as to provide safe and efficient means of vehicular access to such parking space. All off‐ street parking facilities shall be designed with appropriate means of vehicular access to a sweet or alley in a manner which will least interfere with traffic movement. All driveways shall conform to all applicable driveway specifications contained in Section 9.4. d. Parking for the Handicapped Within all parking lots or garages, parking spaces shall be reserved for the handicapped. Such parking spaces shall conform to the requirements of current state and federal regulations with regard to the number of required spaces, parking space dimensions, and signage. e. Character Accessory parking spaces may be open to the sky, or enclosed in a building.

f. Surfacing All open off‐street parking areas shall be surfaced with a dustless all‐weather material (such as bituminous asphalt or concrete) capable of carrying a wheel load of 4,000 pounds.

g. Drainage Proper drainage shall be provided as approved by the Village Engineer. Storm water detention facilities shall be permitted in off‐street parking areas, and have a maximum storage depth of six inches (6”) for a one‐hundred (100) year flood design. h. Screening and Landscaping Parking lot screening and landscaping shall be in accordance with Article 7, Landscaping, Buffering and Screening. i. Barrier Curbs and Striping The perimeter of all parking lots, planting islands, access aisles, and other locations where deemed appropriate, shall be improved with barrier curbs. All interior portions of the lot shall be appropriately striped for circulation and designation of off‐street parking spaces, in accordance with the approved site or development plan.

j. Signs Accessory signs shall be permitted and are encouraged in parking areas in accordance with the provisions specified in Article 11. Parking facilities are encouraged to provide adequate directional signage to assist patrons in circulating through the sites and facilities to final destinations.

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k. Repair and Service No motor vehicle repair work or service of any kind shall be permitted in conjunction with any open accessory parking facilities in any district. However, emergency services are permitted.

9.1.6 Residential Off‐Street Parking Design Standards: In addition to the design standards referenced in the previous section the following standards shall also apply in residential districts. a. Location of Required Off‐Street Parking

1. Not more than two off‐street parking spaces may be located in the street yard of any residential district.

2. Off‐street parking spaces and access aisles and drives shall not be located closer than five (5) feet from any property line. b. Design of Off‐Street Parking Areas

1. All driveways and access aisles shall be improved with a bituminous asphalt or concrete surface.

2. No driveway serving any single family detached dwelling shall be wider than twenty‐four (24) feet at the lot line.

9.1.7 Parking and Storage of Certain Vehicles

a. Only one recreational vehicle may be parked or stored behind the established setback line on a residential lot. A recreational vehicle may be parked or stored in a side or rear yard only. Only one recreational vehicle may be parked in the street yard for a period not to exceed twenty‐four (24) hours for loading and unloading. No recreational vehicle shall be used for living, sleeping or housekeeping purposes on any zoning lot within the Village.

b. On corner lots, the required street setback shall not be used for the parking or storing of passenger vehicles and/or recreational vehicles.

c. All parking and storage of vehicles (passenger vehicles and recreational vehicles) shall be on an improved surface (concrete paved, black top or brick payers).

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d. Commercial vehicles exceeding 8001 pounds in gross vehicle weight may not be parked in any residential district, other than in completely enclosed buildings or garages, except when the vehicle is present for the purpose of providing a required service to the residence where parked, but only for that period of time which is required to provide the service.

e. The storage of semi‐trailers is prohibited in all residential and business districts. No semitrailer may be used as an accessory structure in any zoning district.

9.2 Specific Requirements ‐ Parking Spaces and Design

a. Spaces Required Off‐street parking spaces shall be provided in accordance with the specific Parking Classes as set forth below in Table 1, Off‐Street Parking. Parking spaces for accessory uses not specifically enumerated within a parking class shall be assumed to be included in the principal (permitted or special) use requirement. If the classification of any use, for the purpose of determining the amount of off‐street parking, or the number of spaces to be provided by such use is not readily determinable hereunder, the parking class of such use shall be established by the Zoning Administrator.

TABLE 1. OFF‐STREET PARKING (PARKING CLASSES)

Class No. 1 Dwelling, single‐family 2/Dwelling unit Dwelling, two‐family Dwelling, three family Class No. 2 Dwelling, multiple‐family 1/Dwelling unit Studio/Efficiency 1/Dwelling unit 1 bedroom 1.5/Dwelling unit 2 bedroom 1.8/Dwelling unit 3 or more bedrooms 2/Dwelling unit Bed and breakfast inn l/guest room Class No. 3 Apartments for the elderly 0.5/Dwelling unit (independent living) 0.5/Dwelling unit Senior citizen housing 1.25/Dwelling unit (independent living) 1.25/Dwelling unit Residential life care or retirement facility Dependent or semi‐ dependent senior citizen

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facilities Class No. 4 Hotel 1/hotel or motel unit Motel plus 1 per employee Class No. 5 Group home Leach 1/each 3 bedrooms Class No. 6 Convalescent home, 1 / 1,000 sq. ft. of extended care facility or rest gross floor area home, nursing home, and sanitarium Convent, monastery Parsonage, rectory or parish house Religious retreat Sheltered care facility

Class No. 7 Animal hospital or veterinary 2/1,000‐sq. ft. of clinic gross floor area Animal kennels Aquarium Library, museum or art gallery, public Philanthropic and charitable institutions Class No. 8 Art gallery 3/1,000 sq. ft. of Art and sculpture studio gross floor area Blueprinting, copying Business machine sales and service Bus terminal Carpet, rugs, and linoleum store Catering service Civil defense, fire station, police station Clothes pressing establishment Clothing and costume rental store Coin and philatelic store Custom dressmaking Dry cleaning and laundry facilities Fire station Firewood sales

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Frozen food locker plant, including sale of frozen food Garage door openers, display and sales Government administration buildings Interior decorator Laboratory, research and testing Lithographing 3/1,000 sq. ft. of Locksmith gross floor area Newspaper distribution office Office machine sales and service Office supply and office equipment store Photography studio Picture framing Police stations Post office & express mail Recording studio Recreational and community center buildings Repair of shoes, clothing and hats School, music, dance, and vocal Small animal grooming establishment Tailor shop Taxidermists Telephone answering service Telephone exchange and equipment building Ticket agency Travel agency Truck and trailer rental Class No. 9 Apparel 4/1,000 sq. ft. of Banks and financial gross floor area institutions Offices, business or professional

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Antique store Apparel store Appliance store Art and school supply store Art store, retail Auto accessory store, retail sales Automobile detail shops Automobile leasing Bakery, retail Barber shop Beauty shop Bicycle sales, rental and service Books, periodicals and stationery store Card store Currency exchange Camera and photographic supply store Candy, nut, and confectionery store China and glassware store Consumer electronics Confectionary store Dairy products store Day care center, nursery and/or preschool Delicatessen Department store Dry goods store Drugstore/pharmacies Employment agency Fish market Florist Furniture and home furnishings store Furrier Gift store Glass shop Grocery or food store (under 15,000 sq. ft.) Gymnastics Studio Hardware store

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Health and fitness club 4/1,000 sq. ft. of gross Hobby and arts and craft floor area shop Home furnishings Housewares and kitchen Ice cream store Interior decorating Jewelry store Laboratory, medical, dental or optical Laundromat, self‐service Leather goods and luggage store Liquor store, package Martial Arts Studio Masseur/masseuse services Meat market Millinery shop Musical instruments sales and service Optical products sales and service Orthopedic and medical appliance sales and service Paint and wallpaper store Party supply store Pet store Phonograph record and music store (including cassettes & discs) Physical therapy facilities Photocopying and retail 4/1,000 sq. ft. of gross printing floor area Radio and television sales and repair Real estate office Repair, rental, and servicing of any item, the retail sale of which may be permitted in the B Districts Rummage shop and secondhand stores Sewing machine sales and service

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Shoe store Shopping center (less than 20,000 square feet gross floor area) Sporting goods stores Stationery shop Temporary services Tobacco shop Toy store Video cassette sales and rental Wine shop Class No. 10 Bowling alley 5/1,000 sq. ft. of Clubs or lodges, private gross floor area Funeral parlor Home improvement center Grocery stores (15,000 sq. ft. to 60,000 sq. ft.) Shopping centers (more than 20,000 square feet gross floor area) Class No. 11 Auction house 10/1,000‐sq. ft. of Auto service stations gross floor area Cocktail lounge, night club Convention hall or exhibition hall Dance hall Meeting hall Taverns Skating rinks Class No. 12a. Carry out restaurant 10/1,000 sq. ft. Sit‐down restaurant 15/1,000 sq. ft. Sit‐down/carryout/drive 20/1,000 sq. ft. through 1/each employee Drive through only Class No. 13 Boarding school‐elementary 1/each employee and secondary Dry cleaning plant Elementary school Exterminator Junior high school Machinery sales and service Machinery sales, no repair or service

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Mail order house, catalog sales Microwave relay towers Self service storage facility Radar installations and towers Radio and television stations, studios and towers Class No. 14 Greenhouses and nurseries, 1/1,000 sq. ft. of retail gross floor area Golf driving ranges plus 1/4,000 sq. ft of gross land area Class No. 15 Golf courses, public and 60/9 holes (regular private golf) or 40/9 holes Pitch and putt golf courses (“par 3”) Par “3’ golf courses Class No. 16 Zoos or zoological gardens ½,000 sq. ft. of Outdoor rifle range, trap or gross land area skeet shooting range Class No. 17 Athletic field 1/5,000 sq. ft. of Botanical gardens gross land area Forest preserves and 1/75 sq. ft. of Grounds of recreational water area clubs, private Public parks and playgrounds Public swimming pool Tennis courts and clubs Private stadiums/sports Spaces equal to 30 % of facilities capacity defined by fire regulation occupancy. Class No. 18 Gasoline fuel station 1/500 sq. ft. Gasoline fuel station and 1/250 sq. ft. food mart Class No. 19 Car wash (mechanical) 1/each two employees Car wash (self‐service) plus 1/manager‐owner plus reservoir spaces equal to ten (10) times the maximum capacity of auto washing unit Class No. 20 Commercial school or trade 1/Each two (2) students Business school based on design capacity plus Business machine school 1/each staff member or Computer technology school employee Vocational school

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Class No. 21 Senior high schools 1/each employee plus 1/each six (6) students based on design capacity Class No. 22 Churches, chapels, temples, l/each six (6) seats synagogues provided Class No. 23 Commercial stadiums, 1/each ten (10) seats auditoriums and arenas provided Fairgrounds Class No. 24 Theaters (indoor) 1/each four (4) seats Class No. 25 Colleges, junior colleges, and 1/each four (4) students Universities based on total enrollment Class No. 26 Battery and tire service shops 5/1,000‐sq. ft. of Car care center gross floor area Garage for the storage, servicing and repair of motor vehicles including body repair, painting and engine rebuilding Mobile home display, sales and services Model garage display and sales Motorcycle, and other outdoor recreational vehicles sales, rental and service. Motor vehicles sales and service Trailer, boat and camper or camper/trailer sales, rental and service

Class No. 27 Abrasive manufacturing 1/1,500‐sq. ft Air, motor, and railroad warehousing freight terminal 1/800 sq. ft. production Bakery (plant) and assembling Bedding manufacturing 1/250 sq. ft. office Belting manufacture areas Boat building and repair Boot and shoe manufacturing Bottling companies Candle manufacture Carpet manufacturing Canvas and awning manufacture

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Ceramic products Cartage and express facilities Cement, bulk storage Cleaning, pressing and dying plants Cloth products manufacturing Cold storage plants Cork and cork products Concrete fabrication and molding Cosmetics manufacturing Dairying Electronic components Electric substation Electronic, scientific and precision Instrument manufacturing Feed and seed store Food manufacturing, packaging and processing Fuel and ice plants Fuels, solid or liquid, storage and Fur processing Glass products production and sales Grain storage and processing Heavy machinery manufacturing Laundry Leather tanning and curing Light machinery production, appliances and business machines Linoleum manufacturing Lithographing Machine shop Metal stamping Moving, packing and storage Musical instrument manufacturing Orthopedic and medical appliance manufacturing

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Paper products manufacturing Printing and publishing Research and development and testing facilities Rope, cord, and twine manufacturing Sewage treatment plant Sporting goods manufacturing Steel manufacturing Warehousing and wholesaling establishments Warehousing, storage, and distribution Waterworks, reservoir pumping station and filtration plant Wholesale distribution Woodworking, planing, mills and wood products manufacturing Any similar production processing, cleaning servicing, testing, storage and repair Class No. 28 Amusement establishments 3/1,000‐sq. ft. of gross Billiard and pool halls plus floor area Miniature golf 3/1,000‐sq. ft. of gross land area Class No 29 Air conditioning, refrigeration 2/each employee and heating contractor Building materials and products sales and storage Contractors and construction yards and offices Electrical showrooms and shops Engineers’ and architects’ office and yards Exterminating service Fencing, sales and service

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Garage door openers/display and sales Greenhouses, wholesale Linen supply Plumbing showroom and shops Printing shops Class No. 30 Ambulance service As required by the Board of Cemeteries, columbaria Trustees upon Heliports, public and private recommendation of the Plan Parking lots and garages as Commission principal use Planned unit developments Public utility and service uses Railroad passenger terminals Ready‐mixed concrete manufacturing and production facility Recycling center Seasonal or temporary uses Transportation depots/facilities Class No. 31 Drive‐in and drive through facilities a. Banking facility Stacking space sufficient to accommodate the number of automobiles equal to five (5) times the number of teller windows. Stack in lanes shall not interfere with or include any portion of an access or service drive or aisles. Stacking lanes shall not be located within any street setback.

b. Laundry/cleaners Stacking space sufficient to accommodate three (3) automobiles. Stacking lanes shall not interfere with or include any portion of an access or

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service drive or aisles. Stacking lanes shall not be located within any street c. Restaurants setback.

Drive through facilities shall provide for a vehicle stacking lane. A stacking lane for each order box or window shall be provided at a minimum length of hundred (100) feet. Stacking lanes shall not interfere with or include any portion of an access or service drive or aisles. No order box or window shall be located closer than 100 feet to any residentially zoned property. Stacking lanes shall not be located within any d. All others street setback.

As required by the Board of Trustees upon recommendation of the Plan Commission Class No. 32 Offices, medical and dental 6/1,000‐sq. ft. of Hospitals gross floor area Grocery Stores (larger than 60,000 sq. ft.) Class No. 33 Adult‐Use Cannabis 5 plus Cultivation Center Adult‐Use Cannabis Craft 1 per employee Grower Adult‐Use Cannabis Infuser (minimum 10) Class No. 34 Adult‐Use Cannabis 10/1,000 sq. ft. Dispensary gross floor area plus 1 per employee (minimum 25) a. Off‐Street Parking Module

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All off‐street parking spaces required by this Article, except those required for one‐ and two family dwellings, shall be designed in accordance with one of the descriptions set forth in Table 2, Off‐Street Parking Module Dimensions.

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9.3 Off‐Street Loading

9.3.1 General Requirements

a. Location, Enclosure and Screening All required loading berths shall be located on the same zoning lot as the use served. All motor vehicle loading berths which abut a residential district or an intervening alley separating a residential district from a business, commercial or industrial district shall be constructed of completely enclosed docks and landscaped with densely‐planted mature shrubbery or any combination thereof as part of an approved landscape plan in accordance with Article 7. No permitted or required loading berth shall be located within thirty (30) feet of a pavement line or any property line. No loading berth shall be located in a street setback nor within seventy five (75) feet of the nearest point of intersection of any two (2) streets, nor within seventy five (75) feet of any residentially zoned property.

In the OR district, all off‐street loading facilities shall be completely enclosed and integrated as part of the building design. In all other districts, off‐street loading facilities shall be screened from view from a public street. b. Size Unless otherwise specified, a required off‐street loading berth shall be at least twelve (12) feet in width by at least thirty (30) feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least fifteen (15) feet. c. Access Each required off‐street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement, and shall be subject to approval by the Village Engineer. d. Surfacing All open off‐street loading berths shall be surfaced with a dustless all‐weather material capable of bearing a live load of two hundred (200) pounds per square foot. e. Repair and Service

1. Residential districts. No motor vehicle repair work or service of any kind shall be Permitted in conjunction with loading facilities provided in any residential district.

2. Office Research and Business Districts. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in office research or business districts except emergency repair service necessary to start vehicles.

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3. Industrial Districts. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in an industrial district if such loading facilities are within five hundred (500) feet of a residential district. Washing of accessory vehicles and emergency service required to start vehicles shall be permitted. f. Utilization Space allocated to any off‐street loading use shall not, while so allocated, be used to satisfy the space requirements for any access aisle or off‐street parking facilities. g. Central Loading Central loading facilities may be substituted for loading berths on the individual zoning lots provided the following conditions are fulfilled:

1. Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade.

2. Total off‐street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (Area of types of uses may be totaled before computing number of loading berths.)

3. No zoning lot served shall be more than five hundred (500) feet removed from the central loading area.

4. The tunnel or ramp connecting the central loading area with the zoning lot served shall be not less than seven (7) feet in width and have a clearance of not less than seven (7) feet. h. Minimum Facilities Uses for which off‐street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicle off any adjacent alley or service drive on the same zoning lot.

9.3.2 Specific Requirements a. Residential Districts Off‐street loading facilities accessory to uses allowed in residential districts shall be provided in accordance with the following minimum requirements.

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1. For buildings containing less than 10,000 square feet of gross floor area, there shall be provided on the same zoning lot adequate receiving facilities, accessible by motor vehicle, off any adjacent alley, service drive, or open space.

2. For buildings containing ten‐thousand (10,000) to hundred‐thousand (100,000) square feet of gross floor area, one (1) off‐street loading berth shall be provided.

3. For buildings containing over hundred‐thousand (100.000) square feet of gross floor area, there shall be provided one (1) loading berth for each hundred‐thousand (100,000) square feet of gross floor area or fraction thereof.

4. For Adult‐Use Cannabis Cultivation Centers located in the RC – Rural Countryside Single‐ Family Detached Residence District, a minimum of one (1) loading berth shall be provided. b. Business and Industrial Districts Off‐street loading spaces accessory to uses permitted in the business and industrial districts shall be provided in accordance with the following minimum requirements:

1. Any use listed in a residential district that is also permitted in any of the several business districts shall provide loading spaces as established for that use in the preceding section for residential districts.

2. Establishments containing less than 7,000 square feet of gross floor area shall be provided with adequate facilities, accessible by motor vehicles off any adjacent alley, service drive, or open space on the same zoning lot.

3. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 7,000 to 40,000 square feet of gross floor area. For buildings containing 40,000 to 100,000 square feet of gross floor area two (2) loading berths shall be provided, plus one (1) additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof. Each such loading berth for buildings in excess of 100,000 square feet of gross floor area shall be not less than twelve (12) feet in width by fifty‐five (55) feet in length.

i. Cartage and express facilities. ii. Mail order house iii. Printing and publishing iv. Restricted production and repair. v. Warehousing, storage, and wholesale establishments.

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4. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 10,000 to 100,000 square feet of gross floor area; for each additional 100,000 square feet of gross floor area up to 500,000 square feet one (1) additional loading berth shall be provided, plus one (1) additional loading berth for each additional 500,000 square feet of gross floor area or fraction thereof in excess of 500,000 square feet.

i. Banks and financial institutions. ii. Medical and dental offices. iii. Offices, business, professional, and governmental. iv. Recreation buildings and community centers, non‐commercial.

5. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 10,000 to 100,000 square feet of gross floor area, plus one (1) additional loading berth for each additional 150,000 square feet of gross floor area or fraction thereof. Each such loading berth for buildings in excess of 20,000 square feet of gross floor area shall be not less than twelve (12) feet in width by fifty‐five (55) feet in length.

i. Clubs and lodges (not‐for‐profit) containing retail shops, convention halls, auditoriums, exhibition halls, or business or professional office (other than accessory). ii. Convention halls. iii. Exhibition halls. iv. Radio and television stations and studios. v. Recording studios. vi. Hotels and motels containing retail shops, convention halls, auditoriums, exhibition halls, or business or professional offices. vii. Stadiums, auditoriums, and arenas.

6. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 10,000 to 150,000 square feet of gross floor area, plus one (1) additional loading berth for each additional 200,000 square feet of gross floor area or fraction thereof

i. Clubs and lodges (not‐for‐profit) ‐ containing no retail shops, convention halls, auditoriums, exhibition halls, or business or professional offices (other than accessory). ii. Hotels and motels containing no retail shops, convention halls, auditoriums, exhibition halls, or business or professional offices. iii. Meeting halls. iv. Schools music, dance, business, and trade.

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v. Theaters, indoor.

7. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 10,000 to 100,000 square feet of gross floor area, plus one (1) additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof

i. Amusement establishments ii. Bowling alleys iii. Swimming pools iv. Skating rinks

8. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 7,000 to 100,000 square feet of gross floor area, plus one (1) additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof

i. Undertaking establishments and funeral parlors.

9. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 7,000 to 40,000 square feet of gross floor area. For buildings, containing 40,000 to 100,000 square feet of gross floor area, two (2) loading berths shall be provided, plus one (1) additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof. Each such loading berth for buildings in excess of 10.000 square feet of gross floor area shall be not less than twelve (12) feet in width by fifty five (55) feet in length.

i. Any production, processing, cleaning, servicing, testing, repair, or storage of materials, goods, or products.

10. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 10,000 to 100,000 square feet of gross floor area. For each additional 100,000 square feet of gross floor area up to 500,000 square feet, one (1) additional loading berth shall be provided, plus one (1) additional loading berth for each additional 500,000 square feet of gross floor area or fraction thereof in excess of 500,000 square feet.

i. Medical and dental clinics. ii. Recreation buildings or community centers.

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11. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 10,000 to 100,000 square feet of gross floor area plus one (1) additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof. Each such loading berth for buildings in excess of 20,000 square feet of gross floor area shall not be less than twelve (12) feet in width by fifty‐five (55) feet in length.

i. Airports and commercial heliports. ii. Air and railroad freight terminals, railroad switching and classification yards, repair shops, and roundhouses. iii. Radio and television stations and studios. iv. Sewage treatment plants ‐ municipal. v. Stadiums, auditoriums, and arenas.

12. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 10,000 to 200,000 square feet of gross floor area, plus one (1) additional loading berth for each additional 200,000 square feet of gross floor area or fraction thereof.

i. Trade schools.

13. For the uses listed hereunder, one (1) loading berth shall be provided for buildings containing 5,000 to 40,000 square feet of gross floor area. For buildings containing 40,000 to 100,000 square feet of gross floor area, two (2) loading berths shall be provided, plus one (1) additional loading berth for each additional 100,000 square feet of gross floor area or fraction thereof Each such loading berth for buildings in excess of 10,000 square feet of gross floor area shall not be less than twelve (12) feet in width by Fifty‐five (55) feet in length.

i. Motor freight terminals.

14. For the uses listed hereunder, a minimum of one (1) off‐street loading berth shall be provided:

Adult‐Use Cannabis Craft Growers Adult‐Use Cannabis Cultivation Centers Adult‐Use Cannabis Dispensaries Adult‐Use Cannabis Infusers Adult‐Use Cannabis Transporters

15. For all other uses, loading facilities shall be provided in accordance with the following schedule:

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Gross Floor Area of Establishments in Thousands of Square Feet Required Number and Size of Berths 7 to 40 l ‐ (l2 ft. x 30 ft.) 4l to l00 2‐ (l2 ft. x 30 ft. each)

For each additional 200,000 square feet of gross floor area or fraction thereof, over 100,000 square feet of gross floor area, one (1) additional loading berth shall be provided, such additional berth to be at least twelve (12) feet in width by fifty‐five (55) feet in length.

9.4 Traffic and Access Regulations

9.4.1 Purpose This section is intended to establish specific criteria and standards for traffic and access applicable to almost all types of development within the Village. They are intended to provide a uniform set of standards upon which all development proposals may be reviewed.

9.4.2 Traffic Impact Analysis

a. When Required A Traffic impact analysis may be required whenever the Village Engineer or the Village Administrator deems that the proposed development will have significant traffic impact to safe and efficient movement, and to the general public welfare. A determination can be sought whether a traffic impact analysis will be required through a pre‐application conference or an informal meeting with the Village Engineer, Village Planner, Village Administrator, and/or Zoning Administrator.

9.4.3 Access Control Standards ‐ Streets a. Purpose The access control standards are intended to regulate vehicular access to or from any public street under Village jurisdiction to or from property adjoining a public street. It is the purpose of this section to provide the procedures and standards necessary to protect the public health, safety, and welfare, to maintain smooth traffic flow, and to protect the functional design of public streets while meeting transportation needs and interests. b. Specific Access Control Standards for Driveway Access

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Driveway Permits

1. A driveway permit review shall be required when: i. A new development occurs. ii. Where the intensity of any building, structure, or premises is increased through the addition of dwelling units, gross floor area seating capacity, or other units of measurements related to trip generation. iii. An existing use is changed to a new use. Based on this review, new driveway permit(s) may be required. All costs associated with a change in access, as per the new permits, shall be the responsibility of the property owner.

2. A temporary permit for additional driveways may be allowed by the Village Engineer subject to replacement of that temporary access at a future date with one of the following:

i. An adjacent public street or access (frontage) road: or ii. A shared‐driveway, as shown on the approved development plans for the site.

The drive for which the temporary permit was issued, at the discretion of the Village Engineer may remain as a limited‐turn driveway.

Property Line Clearance Wherever feasible, driveways shall be located so that the required curb‐return lies entirely within the subject property lines (extended) unless the driveway is being shared by adjacent property owners.

Maximum Number of Driveways One Driveway:

iii. Unless a traffic engineering study or other documentation indicates, to the satisfaction of Village, the need for additional driveways, only one shall be permitted. iv. Where additional driveways are necessary, first consideration shall be given to supplemental driveways which limit left‐turns. v. Shared driveways or provision for access from adjacent public streets is encouraged. vi. On minor streets, single family detached uses may be permitted two driveway entrances subject to the approval of the Village Engineer.

Curb Return

i. One‐way Drives (individual single family detached and duplex uses exempt):

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(1) 15’ minimum outside radius. (2) 5’ minimum inside radius.

ii. Two‐way Drives:

(1) 25’ (At the discretion of the Village Engineer, a minimum of 15’ will be allowed for low volume driveways, or where a shoulder or right‐turn lane provides for deceleration off an arterial lane.) (2) 30’ ‐ 50: For high volume generators such as shopping center, office or industrial parks, etc. Basis for design shall include the truck design vehicle for that drive.

Driveway Width (Measured at right angles to the driveway curb or edge of pavement at the property line)

i. 24’ maximum for single family residential detached and duplex land‐use. ii. 30’ ‐ Two lanes. (At the discretion of the Village Engineer, lesser widths may be allowed for low volume driveways.) iii. 36’ (undivided 3 lanes) iv. 48’ maximum (divided 24’ drives excluding median)

Curbs and Gutters All driveways shall be provided with concrete curb and gutter for lull length of curb return to at least the property line.

Limited‐turn Driveways

i. Driveways which are designed to prohibit left‐turns in and out shall have a channelizing island and the following minimum dimensions.

(1) Width of channelizing island 40 ft. (measured parallel to the arterial) (2) Length 25ft. (3) Offset 5 ft. (4) Curb Return 50 ft. (5) Driveway Width 30 ft. (6) Lane Width at Island 14 ft.

ii. Minimum signage shall include stop sign and no left‐turn sign at the exit lane, and a no left‐turn sign on the road right‐of‐way opposite the driveway, visible to on‐ coming arterial traffic.

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iii. Where driveways are to have left‐turn prohibitions only at selected times of the day, the requirement for a channelizing island may be waived and replaced with signing only, at the discretion of the permit engineer with the Village Engineer.

iv. At the discretion of the Village Engineer and where sufficient land is not available on site, the minimum dimensions for width, length and curb return may be reduced to 20’, 15’ and 30’, respectively.

Angle of Intersection

i. Two‐way Drive: 90 degrees minimum. (The Village Engineer may allow a minimum angle of 70 degrees if necessitated by site conditions. ii. One‐way Drive: 60 degrees minimum. (The Village Engineer may reduce the minimum to 45 degrees where sufficient deceleration length on the driveway is provided.

Driveway Storage Length Sufficient driveway storage space shall be provided for all entrances/exits, subject to the approval of the Village Engineer. The amount of storage shall consider the conditions and configuration of adjoining roadway improvements, the design of on‐ site parking improvements, and the volume of traffic anticipated by the development.

Driveway Median

i. Minimum of: 4 ft. Wide 25 ft. Long 5 ft. Offset from nearest edge of arterial through lane, right‐ turn lane, or paved shoulder.

ii. Use of medians on two‐or‐three lane driveways shall be permitted only after the Village Engineer determines that the median will not interfere with vehicle turning paths. c. Waiver Provision The Village Engineer is authorized to waive or reduce the requirements set forth in this section where it is determined, under the specific circumstances, the property cannot comply or the public interest is not best served and a lessor or different standard best meets the public interest and the intent of this Section.

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Any person that is aggrieved by a determination of the Village Engineer may seek a variation before the Board of Appeals which is authorized to grant relief from the above provisions. All decisions on requested waivers by the Village Engineer shall be based upon whether the requested waiver will have a serious detriment to the safety and/or operation of the public roadway, as well as adopted standards for granting variations from the requirements of this Ordinance

ARTICLE 10: NON‐CONFORMING BUILDINGS, STRUCTURES AND USES

10.1 Purpose

The purpose of this Article is to provide for the regulation and treatment of buildings, structures, lots and land uses considered non‐conforming under the provisions of this Article and specify those circumstances and conditions under which non‐conforming structures shall be repaired, enlarged, moved, restored or terminated.

10.2 Authority to Continue Non‐conforming Buildings, Structures, and Uses

Any non‐conforming building, structure, or use which existed lawfully at the time of the adoption of this Ordinance on March 14, 2000, and which remains non‐conforming, and any such building, structure, or use which shall become non‐conforming upon the adoption of this Ordinance, or of any subsequent amendments thereto, may be continued subject to the regulations which follow.

10.3 Non‐conforming Lots of Record

10.3.1 Contiguous Lots in a Single Ownership When two (2) or more contiguous lots, or a combination of contiguous lots and portions of lots, in single ownership are of record at the time of passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements for lot width and area for the district in which they are located, the land involved shall be considered to be an undivided parcel for the purpose of this Article. No portion of said undivided parcel shall be used or sold, transferred or conveyed which does not meet lot width and area requirements established by this Ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this section.

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10.3.2. Single Lots or Parcels of Land When any single lot or parcel of land is of record at the time of passage or amendment of this Ordinance and if said lot or parcel does not meet the requirements for lot width and area for the zoning district in which it is located, it shall be used only in accordance with the following requirements: a. This section applies to lots that are undeveloped at the time of adoption or amendment to this Ordinance. A lot is undeveloped if it has no substantial structures built upon it. For purposes of this section a substantial structure shall include any structure in excess of five hundred (500) square feet in gross floor area which was constructed and intended for occupancy by a principal use permitted in the zoning district at the time of construction. b. In any district in which residential dwellings are permitted said buildings or structures and customary accessory buildings may be erected on a non‐conforming lot on any residential lot shown as such on a recorded plat in the Lake County recorders Office, duly approved by the Village of Volo, prior to the date of adoption of this Ordinance on March 14, 2000. However, lot area, width and depth requirements shall not be less than eighty percent (80%) of the minimum required dimensions. Further, no building shall be erected on a lot less than fifty (50) feet in width, or less than one hundred (100) feet in depth.

10.3.3. Relationship to Zoning Map Amendments Whenever the boundaries of a zoning district shall be changed so as to transfer an area from one zoning district to another, the foregoing provisions shall also apply to any lots made nonconforming by such change in zoning district.

10.4 Continuance of Non‐conforming Buildings Structures and Uses

10.4.1 Generally

a. Any non‐conforming building, structure, or use which existed lawfully at the time of the adoption of this Ordinance, and which remains non‐conforming and any building, structure, or use which shall become non‐conforming upon the adoption of this Ordinance, or of any subsequent amendment thereto, may be continued indefinitely subject to the regulations which follow.

b. For the purpose of this Section a building or structure lawfully constructed or established on the effective date of this Ordinance shall be deemed to include any building or structure for which a building permit has been lawfully issued, and on which construction has begun within the required period of time allowed by the unexpired building permit then in effect.

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10.4.2 Non‐conforming Buildings and Structures – Repairs, Alterations, Enlargements, Discontinuance, Condemnation, and Change of Use a. Ordinary Repairs

1. Ordinary or minor repairs and minor alterations may be made to a non-conforming building or structure. However, no structural alterations shall be made in or to such building or structure, all or substantially all of which is designed or intended for a use not permitted in the district in which it is located, unless the structural alterations are (i) required by law, and (ii) minor alterations (as defined in the following sentence). For the purpose of this Section, ordinary or minor repairs or minor alterations shall mean repairs, alterations, or other renovation costs which do not exceed fifteen percent (15%) of the market value of the structure.

2. A non‐conforming building in a residential district which contains residential uses may be altered in any way to improve livability provided no structural alterations shall be made which would increase the number of dwelling units or the bulk of the building. b. Additions and Enlargements A building or structure which is nonconforming as to setback, height or area regulations may be expanded or enlarged provided such expansion conforms to all of the regulations of the district in which it is located. c. Moving of Non‐conforming Building or Structure No building or structure which does not conform to all of the regulations of the district in which it is located shall be moved in whole or in part to any other location unless every portion of such building or structure is moved. The use of the building or structure at the new site shall be made to conform to all regulations of the district into which it is moved. d. Restoration of Damaged Non‐conforming Building or Structure

1. Principal Single Family Residential Detached Structures Regardless of the extent of destruction or the cost of restoration. a non‐conforming principal single family detached residential building that is destroyed or damaged by fire or other casualty or act of God may be restored substantially to the condition in which it was before the occurrence. Reconstruction shall not increase any nonconformity. However, no repairs shall be made unless a building permit has been issued and reconstruction initiated within one (1) year from the date of the destruction and is diligently prosecuted to completion. Further, reconstruction is permitted under this paragraph only in situations where a single‐family residential use is a permitted use in

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the district at the time of destruction. All other all situations are subject to the requirements of paragraph d.2, below.

2. All Other Buildings and Structures A non‐conforming building or structure that is destroyed or damaged by fire or other casualty or act of God to the extent that the cost of restoration to the condition in which it was before the occurrence will exceed fifty percent (50%) of the cost of restoration of the entire building or structure shall not be restored unless said building or structure and use thereof shall conform to all regulations of the district in which it is located. In the event that such damage or destruction is less than fifty percent (50%) of the cost of restoration of the entire building or structure new, no repairs or reconstruction shall be made unless such restoration is started within one (1) year from the date of the partial destruction and is diligently prosecuted to completion. In support of the application for a construction permit, the applicant shall submit such information as may be required to demonstrate that the costs of the proposed repairs or renovations or reconstruction will not exceed fifty percent (50%) of the structural value of the entire structure. e. Expansion of Use in a Non‐conforming Building or Structure A conforming use in a non‐conforming building or structure, may be expanded within the building or structure in which said use is presently located. However, no changes or structural alterations shall be made unless such changes or structural alterations and the use thereof conform to all the regulations of the district in which the building or structure is located. f. Nonconforming Fences and Walls Fences and walls constructed prior to March 14, 2000 which do not conform to the provisions of this section, except for plant material, shall be considered legal nonconforming structures. However, any replacement of a non‐conforming fence or wall, either by sections or of the whole, on a zoning lot in excess of fifty percent (50%) of its total area shall conform to the provisions of this section. g. Change of Use: New Use The use of a zoning lot on which any non‐conforming building or structure, including a non‐ conforming sign, is located may be changed to another use permitted in the applicable zoning district. Additionally, a new use that is permitted in the applicable zoning district may be established on a zoning lot on which any non‐conforming building or structure, including a non‐conforming sign, is located. However, upon any such: (i) change of use, or (ii) establishment of a new use, any nonconforming accessory building or structure and any nonconforming sign located on the same zoning lot shall be made to conform to all regulations of the district in which it is located or shall be removed. Additionally, no change of use or establishment of a new use shall extend the use of any non‐conforming principal

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building or structure, which principal building or structure shall remain subject to the provisions of this Article.

Ordinary repairs and maintenance may be made, provided such repairs and maintenance do not increase the height, or cause any other structural change, or the relocation of the fence.

10.4.3 Non‐conforming Use of Buildings or Structures

a. Change of Non‐conforming Use Subject to the requirements of Section 10.4.2.g, a non‐conforming use of any building or structure may only be changed to a use permitted in the district in which the building or structure is located and may not be changed to any other non‐conforming use. Following any such change of use, the non‐conforming use may not thereafter be renewed.

b. Expansion of Non‐conforming Use A non‐conforming use of a part of a conforming building or structure, shall not be expanded or extended into any other portion of such building or structure.

c. Discontinuance of a Non‐conforming Use If a non‐conforming use of a conforming building or structure is discontinued for a consecutive period of one hundred and eighty (180) days, it shall not be renewed. Any subsequent use of the building or structure shall conform to the use regulations of the district in which the premises are located.

10.4.4 Non‐conforming Use of Land

The non‐conforming use of land not involving a building or structure, or in connection with which any building or structure thereon is incidental or accessory to the principal use of the land, may be continued subject to the following provisions.

a. Expansion A non‐conforming use of land shall not be expanded or extended beyond the area it occupies.

b. Discontinuance If a non‐conforming use of land is discontinued for a period of one hundred and eighty (180) consecutive days, it shall not thereafter be renewed. Any subsequent use of the land shall conform to the regulations of the district in which the land is located.

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c. Change of Use A non‐conforming use of land shall not be changed to any other use except to a use permitted in the district in which the land is located.

ARTICLE 11: SIGN REGULATIONS

11.1 Purpose

This purpose of this Article is to establish a regulatory framework for the use of signs in the Village of Volo. The regulations contained herein are intended to protect property values: establish and maintain standards of community appearance: and reduce visual clutter with respect to all signs as defined herein. It is further the purpose of this Article to eliminate the potential for the distraction of motorists or other means of endangerment the public health, safety and morals of the Village, as well as permit and regulate signs in such a manner as to support the land use objectives set forth in the Comprehensive Plan and this Ordinance.

11.2 Definitions

Advertising message (copy): Wording, symbols, logos, and/or embellishments on a sign describing or drawing attention towards products, services, or events being offered to the public or identifying building occupants.

Approved combustible plastics: Any material more than one‐twentieth of an inch (1/20”) in thickness, which bums at a rate of not more than two and one‐half inches (2 1/2”) per minute when subjected to the American Society for Testing Materials, the prevailing standard test for flammability, in sheet of six‐hundredths inch (0.06”) in thickness.

Area of sign: The area of any sign shall be determined by drawing a single continuous square or rectangle that encloses the extreme limits of the advertising message, and in no case passing through or between any adjacent elements of the advertising message. However the area of the sign shall not include any structural elements lying outside the limits of the advertising message that do not form an integral part of the advertising message.

Awning: A roof‐like structure that projects from the façade of a building; is constructed of cloth, canvass, metal or other material and stretched over a frame that is permanent or collapsible; and which is supported solely by the building to which it is attached so as to overhang a window or doorway for the purpose of providing shelter or shade. The term “awning” does not include any sign or advertising message.

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Banner: A temporary sign made of a lightweight material, including cloth, canvas, or plastic fabric. National flags, flags of political subdivisions and symbolic flags of an institution shall not be considered banners for purposes of these regulations.

Billboard (off‐premises sign): A sign that advertises or directs attention to a use, business, product, service, event, or activity not conducted, sold or offered upon the premises where the sign is installed. Building face or wall: All window and wall area of a building in one plane or elevation.

Building frontage: The length of a building or a tenant space as measured along the sum of the planes of the wall facing the right‐of‐way or other public access way on which the principal public entrance to the building is located.

Building, single tenant: A single building which is located on a lot and which is intended for and is occupied by a single tenant. Subleasing a part of the building to another tenant disqualifies it as a single tenant building.

Canopy: A roof‐like structure that projects from the doorway; other than an awning; that is made of cloth, canvass, metal or other material; stretched over a permanent frame; attached to a building and supported by the ground for the purpose of providing shelter or shade. The term “canopy” does not include any sign or advertising message.

Copy: See Advertising Message.

Copy area: See Area of Sign

Curb level: The level of the established curb in front of the building measured at the center of such front. Where no curb has been established, the mean level of the land immediately adjacent to the building shall be considered the “curb level”.

Embellishment: Letters, figures, logos, symbols, characters, representations or irregular forms or similar ornaments incorporated into an advertising message.

Erected: This term shall mean attached, altered, built, constructed, reconstructed, enlarged or moved, and shall include the painting of wall signs, but does not include changing the advertising message on any lawfully existing sign.

Façade: The face of a building including its various planes as measured from grade to parapet in height and from side wall to side wall in width.

Face of sign: The entire area of a sign on which an advertising message could be placed.

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Flag: A piece of cloth or cloth‐like material, varying in size. shape, color and design, usually attached at one edge to a staff (pole) or cord, and used as the symbol of a nation, state, local unit of government, or organization as a means to identify itself.

Grand Opening: A temporary event marking the opening of a new business, the opening of a relocated business or the opening after change of ownership of an existing business.

Height of sign: The vertical distance measured from the top of curb or edge of pavement of the nearest point on the adjacent street, (not including an grade‐separated street), to the highest point of said sign.

Incombustible material: Any material that will not ignite at or below a temperature of one thousand two hundred degrees (1,200) Fahrenheit and will not continue to burn or glow at that temperature.

Inflatable marketing device: Any device bearing an advertising message that is distended with gas or forced air so as to swell or puff up, whether setting on the ground or floating in the air.

Location: A lot, premise, building, wall or any place whatsoever on which a sign is located or placed.

Logo: Pictorial, geometric, abstract or any other type symbol chosen by a business establishment to represent its identity. This shall also include all copyrighted symbols.

Maintain: (1) to permit a sign, structure or any part of either to continue. (2) To repair or refurbish a sign and/or its structural elements, including cleaning and painting.

Mansard: Shall mean a sloped roof or roof‐like façade architecturally able to be treated as a building wall.

Marquee: Any fixed roof‐like structure (other than a canopy or awing) constructed of metal or other incombustible material for the purpose of providing shelter or shade. Its location shall be restricted to over the main entrances into a building. The term “marquee” does not include any sign or advertising message.

Obscene matter: Statements, words or pictures of an obscene, indecent or immoral character such as will offend public morals or decency. All being those prohibited by Illinois statutes as being obscene.

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Owner: Any person who is the record title owner of any lot or parcel of land and, for purposes of these regulations, all duly authorized agents of such owner, beneficiaries of a land trust which is the record owner of any such lot or parcel of land, any purchaser including contract purchasers, and person having a vested or contingent interest in the lot or parcel of land in question, or the legal representatives of any such persons.

Parapet or Parapet wall: That portion of a building wall that rises above the roof level.

Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Person: Includes any individual, firm partnership, association, corporation, company or organization of any kind, whether for profit or not for profit.

Premises: An area of land with its appurtenances and buildings, which because of its unity or use, may be regarded as the smallest conveyable unit of real estate.

Public right of way: All of the land dedicated for the use as a highway, street or other public thoroughfare intended to provide for the movement of the general public and owned by the federal government, State of Illinois, Lake County and the Village of Volo. Any and all such public right‐of‐way within the corporate boundaries of the Village of Volo, are subject to the provisions of this chapter.

Retail center: Two or more retail stores and or service establishments, or any combination thereof sharing customer parking area, regardless of whether said stores and/or establishments occupy separate structures or under separate ownership.

Roof line: The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

Sign: Any object, device, display, or structure, or part thereof; illuminated or non‐illuminated; which is visible to the general public; and intended to advertise, identify, display, direct or attract attention to any person, place, product, business, service, institution, event, activity or location whatsoever; by any means including words, letters, figures, designs, symbols, fixtures, colors, motion, illuminations or projected images. For the purposes of these regulations “sign” shall also include all of its attendant structural elements. “Sign” shall not include any official court or public notices, national or state flags, emblems or insignia or a government, school or religious group. Included within this definition are following type of signs:

Sign, abandoned: A sign which no longer correctly identifies, directs, exhorts or advertises a

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bona fide business, lessor, owner or activity conducted or product available on the premises where such is displayed, or off premises in the case of a billboard.

Sign, address identification: Shall mean a sign containing only the address and name of the occupant or business establishment.

Sign, advertising (off‐premises): See Billboard

Sign, advertising (on‐premises): A sign which directs attention to a business or profession conducted or to a commodity or service sold, offered or manufactured, or an event or entertainment offered on the premises where the sign is located or to which it is affixed.

Sign alterations: Shall mean any change to a sign including repainting and changing of parts for the sign or its structure. The washing or cleaning of a sign or sign structure without a change to the sign or parts of the sign or sign structure shall not be deemed to be alterations. The manual changing of letters or numbers in a changeable copy type sign for purposes of price and product changes shall not be deemed to be alterations.

Sign area: See Area of Sign

Sign, automatic changing: A sign which has an electronically controlled mechanism that intermittently changes the advertising message on a sign, including a time and temperature sign, message center, or reader‐board.

Sign, awning: A sign attached to or incorporated in any awning.

Sign, banner: See Banner.

Sign, bench: A sign located on any part of the surface of a bench or seat placed such that it is visible to the general public.

Sign, billboard: See Billboard.

Sign, building: A sign that identifies the name of a building itself, as opposed to the name of occupants or services.

Sign, business: A sign which directs attention to a business or profession conducted or to a commodity, service, or entertainment conducted, sold offered or manufactured upon the premises where such sign is located or to where it is affixed.

Sign, canopy: Any sign attached to or incorporated in any canopy.

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Sign, under canopy: Any sign attached to the underside of a canopy.

Sign, car: Any sign attached to an automobile which is parked or placed in position principally for the purposes of displaying of same.

Sign, changeable copy: A sign upon which temporary letters or numbers may be changed manually.

Sign, construction: A temporary sign giving the name(s) of principal contractors, architects and/or lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

Sign, development: A sign used for the purpose of promoting the sale of lots or buildings in a subdivision that is located on the same property as the subdivision near its entrance.

Sign, directional: A sign that designates vehicular entrances, exits, service areas, and parking areas, and bears no other advertising message.

Sign, electrical: Any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.

Sign, exempt: Signs exempted from normal permit requirements pursuant to Section 10.5 of this Ordinance.

Sign, flashing: Any sign which contains an intermittent or flashing light source (internal or external, or which includes the illusion of intermittent or flashing light by means of animation. For the purposes of these regulations any revolving illuminated sign shall be considered a flashing sign. Automatic changing signs shall not be considered flashing signs.

Sign, garage‐sale: (Includes estate sale and yard sale signs) A sign advertising the temporary sale of used household items from a residence, residential garage, driveway, or yard.

Sign, ground‐mounted (or freestanding sign): (Includes pole signs, pylon signs, and monument signs.) A freestanding sign mounted on ground by means of pylons, piers, posts, masonry structures, or other self‐supporting structures that are not attached to a building.

Sign, identity: A sign which is limited to the name, address and number of a building, institution or person, and to the activity carried on in the building, or the occupation of the person, or any combination of these.

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Sign, illuminated, externally: Any sign illuminated by electric lights, luminous tubes, reflectors, or any other means of illumination which is intentionally cast upon the surface of the sign to illuminate it by reflection.

Sign, illuminated, internally: Any sign illuminated from within the sign cabinet by electric lights, luminous tubes, reflectors, or any other means of illumination; or a sign having a border of incandescent or fluorescent lamps attached thereto and reflecting light thereon.

Sign, individual letter: Any flush‐mounted sign comprised of self‐contained letters.

Sign, marquee: A sign attached to or incorporated into any marquee.

Sign, memorial: A sign designed to preserve the name of a building and the date it was constructed in perpetuity. Memorial signs shall be inlaid so as to be an integral part of the structure, cut into stone or masonry or be a permanently affixed plaque of bronze or aluminum.

Sign, monument: A ground‐mounted sign that is constructed of masonry, stone, concrete, or the like and set in the ground on a broad concrete or masonry base.

Sign, moving: Any sign that rotates or moves, in whole or in part, or gives the visual impression of rotation or motion. Also to include attention‐getting devices such as pennants, flags, banners, propellers, spinners, streamers, search lights, balloons, and similar devices or ornamentation designed for the purpose of attracting attention, promotion or advertising. National flags, flags of political subdivisions and symbolic flags of an institution shall not be considered a moving sign for purposes of these regulations.

Sign, neon: A sign made of exposed glass tubing, which is electrified to cause fluorescent agents to glow in various colors. For the purpose of this Ordinance, neon signs shall not be considered as internally illuminated signs.

Sign, nonconforming: Any sign which was lawfully erected and maintained prior to the adoption of this ordinance, and any amendments thereto, and which fails to conform to all applicable regulations of this Ordinance, or a non‐conforming sign for which a special permit has been issued.

Sign, obscene: Any sign containing statements, words, or pictures of an indecent or immoral character such as will offend public morals or decency, or such that is prohibited by Illinois statutes as being obscene.

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Sign, obsolete: See Sign, abandoned.

Sign, permanent: Any sign except an exempt sign. a temporary sign, and window signs, as listed in this Ordinance.

Sign, political: A temporary placard‐type sign depicting candidate or party, displayed prior to an election.

Sign, portable: Any sign that is not permanently affixed to a building or the ground and by nature of its construction may be moved from one location to another. These signs primarily include, but are not limited to, car signs, signs on wheels, signs on trailers, signs placed upon the ground, such as sandwich signs; signs attached to wood or metal frames designed to be self‐supporting and movable; and paper, cardboard or canvas signs wrapped around or fastened to support poles.

Sign, projecting: (Includes overhanging sign.) Any sign other than a wall sign suspended from or supported by a building or structure and projecting out over any sidewalk, street, alley, or easement, whether public or private, greater than 18 inches.

Sign, public: A sign of a non‐commercial nature such as legal notices, identification, informational or direction signs erected or required by a governmental body or authorized for a public purpose by any law, ordinance or statute.

Sign, public event: Any sign giving notice of events and activities sponsored by civic, patriotic, religious or charitable organizations for non‐commercial purposes.

Sign, public information: Any sign indicating restrooms, telephones or similar sign for public information.

Sign, quasi‐public: Any sign giving notice of events and activities sponsored by civic, patriotic or religious organizations for non‐commercial purposes.

Sign, real estate: A temporary sign erected by the owner or his agent advertising the real estate upon which the sign is located for rent, or lease or for sale.

Sign, roof: Any sign erected, constructed and maintained entirely or partially upon or over the roof of any building with the principal support on the roof structure.

Sign, snipe: Any sign whatsoever that is attached in any way to a utility pole, tree, or any object located or situated on public or private property.

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Sign structure: A structure erected for the purpose of displaying or supporting a sign.

Sign, temporary: A sign intended to be displayed for a limited period of time subject to the provisions of Section 10.6

Sign, wall: Sign, wall (or flush‐mounted sign): A sign attached flush to, appearing upon, or erected against the wall of a building with the face of the sign in a parallel plane of the building wall and no part of which extends more than eighteen (18) inches beyond the building wall.

Sign, window: A sign installed inside a window for purposes of viewing from outside the premises. This term does not include merchandise displayed in the window.

Sign, window identification: Shall mean a window sign which is intended to identify a permanent element of a business including, but not limited to, the name, logo, symbol or other identification for the business or type of business, products, or services offered.

Sign, window promotion: Shall mean a non‐illuminated window sign which is intended to direct attention to a special sale or offering of goods or services.

Waterfront establishment: A business located on the lakefront or a channel wider than sixty feet (60’).

11.3 General Requirements

11.3.1(Reserved)

11.3.2 Illumination and Color Sign illumination shall be shielded and directed away from the street or adjacent properties to avoid unnecessary and nuisance illumination to adjacent properties and must conform to the Lighting Standards in Section 8.5 of this Ordinance.

11.3.3 Construction Standards a. All signs shall be constructed in accordance with the applicable provisions of the Village of Volo Building Code. b. All glass parts shall be of safety glass material.

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c. Clearance from High Voltage Lines ‐ Signs shall be located in such a way that they maintain horizontal and vertical clearance of all conductors in accordance with the National Electric Code. However, in no case shall a sign be installed closer than four (4) feet horizontally or vertically from any conductor or public utility wire.

11.3.4 Sign Maintenance a. The permittee of any sign or other sign structure shall, at least once every two (2) years, paint all parts and supports thereof, unless the same are galvanized or otherwise treated to prevent rust or rotting. b. The repainting and replacing of parts of signs shall be deemed to be alterations, see Section 11.2. Definitions: Sign, Alterations. c. Unsafe Signs. If the Village Administrator shall find that any sign is unsafe or insecure, or is a menace to the public, he shall give written notice to the person to whom the sign permit had been issued. If they fail to remove or alter the sign so as to comply with the standards herein set forth within ten days after such notice, such sign shall be removed or altered to comply at the expense of the sign permit issuee or owner of the property upon which it is located. The Village Administrator may cause any sign that is an immediate peril to persons or property to be removed summarily and without notice. The Zoning Administrator shall be responsible for inspecting the condition of signs and for investigating complaints issued regarding signs.

11.3.5 Obsolete Signs

a. Any obsolete sign that does not advertise an existing business or a product shall be taken down and removed by the owner, agent, or person within ten (10) days after written notification from the Village Administrator. Upon failure to comply with such notice within the time specified, the Village Administrator shall cause removal of such sign, and any expense incidental thereto shall be paid by the owner of the property to which such sign is attached. b. At the termination of a business or commercial enterprise, all signs pertaining thereto shall be removed from public view within thirty (30) days of such termination. c. Obsolete For Sale, For Rent and Garage Sale Signs shall be taken down and removed by the owner, agent, or person within two (2) days of being notified by the Village Administrator. Upon failure to comply with such notice within the time specified, the Village Administrator shall cause removal of such sign, and any expense incidental thereto shall be paid by the

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owner or agent of the property or sign.

11.3.6 Non‐conforming Signs a. Existing signs in conflict with this Ordinance shall be classed as nonconforming and shall not be altered, rebuilt, enlarged, extended or relocated except in accordance with Article 10 of the Zoning Ordinance. Preventive maintenance of signs may be deemed to be alterations, see Section 10.2, Definitions, Sign, and Alterations.

b. All signs which are non‐conforming to this Ordinance No. shall be removed or made to conform to this ordinance within five (5) years from the date of this amendment upon thirty (30) days written notice.

c. Non‐conforming signs will not be permitted to remain for use of a new business.

11.3.7 Variations, Administration and Enforcement

Appeals, Variations. Special Uses, and Penalties shall be administered and enforced as provided in Section 3.11 of this Ordinance.

11.4 Prohibited Signs

11.4.1 General Prohibition

Any sign not expressly permitted by this Article shall be deemed prohibited within the Village of Volo.

11.4.2 Specifically Prohibited Signs

The following signs are prohibited within the Village of Volo:

a. Abandoned signs

b. Billboard signs, except as a temporary sign subject to Section 10.6

c. Bench signs

d. Car signs

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e. Flags, other than one (1) national, one (1) state, one (1) village, and (1) corporate flag and one (1) each for any fraternal, religious or civic organization, except as a temporary sign subject to Section 10.6.

f. Flashing signs

g. Inflatable marketing devices

h. Moving signs, except as a temporary sign subject to Section 10.6

i. Obscene signs j. Portable signs, except as a temporary sign subject to Section 10.6

k. Pylon or Pole signs

l. Roof signs

m. Snipe signs

n. Any sign that is structurally unsafe or in disrepair thereby constituting a hazard to public health or safety.

o. Signs that by reason of size, location, content, color, or manner of illumination obstruct the vision of drivers, or obstruct or detract from the effectiveness of any traffic sign or traffic control device.

p. Sound devices used in conjunction with any sign.

q. Signs using live animals as part of the advertising message or display.

r. Private signs that contain words such as “slow,” “stop,” “one‐way,” “yield,” “danger,” or other phrases or symbols that may interfere with, mislead, or confuse traffic.

11.5 Exempt Signs (No Permit Required)

The following signs are permitted for the following uses and purposes without a permit provided that all conditions and restrictions of this Article are satisfied. a. Address Identification Signs subject to the following restrictions:

1. The total sign area shall not exceed two (2) square feet.

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2. The sign shall include only the address and name of the occupant or business establishment.

3. The sign must be flat against the building,

4. The sign shall not be internally illuminated or include external lights as a specific part of the sign. b. Real Estate For Sale, For Rent and Garage Sale Signs (for one (1) single‐family residence only) subject to the following restrictions:

1. There shall be not more than one (1) such sign per zoning lot, except that on a corner lot two (2) signs, one (1) facing each street, shall be permitted.

2. No single sign face shall exceed five (5) square feet.

3. Not more than two (2) sign faces are permitted per sign.

4. No ground sign shall be located higher than five (5) feet above established grade.

5. Signs shall be setback not less than five (5) feet from the property line.

6. No sign shall be internally illuminated or include external lights as a specific part of the sign.

7. For Sale and For Rent signs shall be removed within seven (7) days after the sale or lease has been accomplished. Labels or messages indicating that the property has been sold or leased are permitted provided that the entire sign is removed within said seven (7) days.

8. Garage Sale signs may be displayed not more than twenty‐four (24) hours prior to the sale, nor more than twenty‐four (24) hours following the sale, provided that in no case shall the sign be displayed for more than four (4) consecutive days. c. Traffic and Parking Signs (Directional Signs) subject to the following restrictions:

1. Signs designating parking area entrances or exits are limited to one (1) sign for each exit or entrance.

2. No single sign face shall exceed three (3) square feet.

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3. Not more than two (2) sign faces are permitted per sign.

4. The sign shall include only directional or parking information and shall not included messages of a commercial nature.

5. The maximum height above established grade shall not exceed three (3) feet.

6. Signs shall be setback not less than five (5) feet from the property line. d. Memorial Signs subject to the following:

1. The sign shall include only the date of construction and name of the building.

2. The sign shall be inlaid so as to be an integral part of the structure, cut into stone or masonry or be a permanently affixed plaque of bronze or aluminum.

3. The sign shall not exceed four (4) square feet. e. Church Bulletins and Signs for Public or Quasi‐Public Buildings, and Civic organizations, subject to the following:

1. Area and Number. There shall be not more than one such sign per zoning lot or lots having a single use, except that on a corner lot two (2) signs, one (1) facing each street, shall be permitted. No sign shall exceed twenty (20) square feet in area nor be closer than five (5) feet to any other lot.

2. Height. No sign shall project higher than five (5) feet above curb level.

3. Setback. Signs shall be setback not less than five (5) feet. f. Public Signs. Signs of a non‐commercial nature and erected in the public interest by or on the order of a public official, such as safety signs, legal notices, danger signs, trespassing signs, traffic signs, memorial plaques, signs of historical interest and other similar signs. g. Flags. Limited to one (1) national, one (1) state, one (1) village, and (1) corporate flag, and one (1) each for any fraternal, religious or civic organization per zoning lot. h. Public Information Signs. Signs indicating restrooms, telephones or similar sign for public information when not exceeding two (2) square feet in size.

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i. Political Signs (Six (6) square feet or less). Political campaign signs of six (6) square feet or less shall not be erected or maintained more than thirty (30) days prior to the next election and shall be removed within seven (7) days following the election. j. No Trespassing and No Dumping signs not to exceed two (2) square feet in area. k. Holiday and Seasonal Displays. Decorations on private property clearly incidental and customary, and commonly associated with national, local, or religious holidays, provided they shall be displayed for a period of not more than forty‐five (45) days for each holiday.

l. Promotional signs. Promotional signs shall not be erected or maintained for more than seven (7) days for the special event to which the signs are applicable. m. Window Promotional Signs. Window promotional signs shall be permitted interior to a glass show window and shall be in addition to all other authorized signs provided that not more than thirty (30) percent of the window area shall be covered by such signs.

11.6 Temporary Signs (Permit Required)

The Zoning Administrator in accordance with the provisions hereof and subject to the standards herein established, is authorized to issue permits for the erection and maintenance of temporary signs. However, it shall be required that before anyone erects a temporary sign or temporary signs they shall register with the Building Department and shall deposit a refundable sum of money as hereinafter provided. No deposit will be refunded until after the temporary sign or temporary signs have been removed by the applicant within the specified time schedule. Failure to remove a temporary sign within the required time limits may result in the funds not being refunded subject to the provisions of Section 3, Abandoned Signs.

11.6.1 Permitted Temporary Signs

a. Construction, Subdivision, and Development signs.

b. Political signs (greater than six (6) square feet).

c. Real Estate “For Sale” and “For Rent” signs other than for one (1) single‐family residence.

11.6.2 Permitted Sign Types

a. Non‐projecting wall signs.

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b. Ground signs.

c. Streamers, banners, flags, pennants and similar temporary signs as herein defined not including inflatable marketing devices, or similar attention‐attracting devices.

d. Portable signs.

e. Window signs (not exceeding thirty (30) percent of window area).

11.6.3 Number

a. There shall be not more than one (1) temporary sign per zoning lot, except that on a corner lot two (2) signs, one (1) facing each street, shall be permitted.

b. Ground signs shall not include more than two (2) sign faces per sign structure.

11.6.4 Time Limitations

a. Construction, subdivision, and development signs shall be removed within seven (7) days following construction or the issuance of the final certificate of occupancy, as determined by the Village Administrator.

b. Political signs shall not be erected or maintained more than thirty (30) days prior to the next election and shall be removed within seven (7) days following the election.

c. Real Estate “For Sale’ and “For Rent” signs (other than for one (1) single‐family detached residence) shall be removed within seven (7) days after the sale or lease has been accomplished. d. The Board of Trustees may grant a one (1) time extension. Requests for additional time extensions shall follow the provisions for variations under Section 3.11.3 of this Ordinance.

11.6.5 Area and Height

a. No temporary sign shall exceed thirty‐two (32) square feet per sign face, and the longest dimension of such shall not exceed fifteen (15) feet, for ground signs the height shall not exceed fifteen (15) feet from the finished grade to the top of the sign.

b. The tops of streamers, banners, flags, pennants and similar temporary signs and any temporary wall signs shall not exceed the roofline of nearby buildings.

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11.6.6 Illumination

Temporary signs shall not be illuminated.

11.6.7 Permitted Location

Temporary signs shall be wholly located on private property with the consent of the owner and shall be setback not less than fifteen (15) feet from any property line.

11.7 Signs Permitted in Non‐Residential Districts (Permit Required)

In all non‐residential districts, and on all zoning lots with established non‐residential uses in mixed‐use districts, the following signs are permitted subject to the requirements set forth herein:

11.7.1 Exempt Signs

11.7.2 Temporary Signs

11.7.3 Wall Signs

a. One Side Facing Public Street Every business shall be permitted wall signage facing a public street. Such signage shall include all wall signs including signs on marquees, canopies, awnings, and permanent window signs. The total of all wall signage for any one (1) individual use shall not exceed ten (10) percent of the area of the façade upon which the sign(s) is(are) to be mounted, or three hundred (300) square feet, whichever is less.

b. Second Side Facing a Public or Private Street or Customer Parking Areas Businesses located in corner buildings or buildings with customer parking areas on more than one side shall be permitted one (1) additional wall sign that shall not exceed ten (10) percent of the area of the façade upon which the sign is to be mounted, or one hundred fifty (150) square feet, whichever is less.

c. Multiple Tenant Buildings For a multiple tenant building where tenants do not have exterior wall space there shall be no more than two (2) wall signs. One (1) wall sign will be for the name of the building and the second wall sign will be to designate the directory of all occupants of the building. The directory shall be limited to one (1) square foot in area for each tenant in

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the building. The combined signage for the two (2) wall signs shall not exceed the size limitations established in Sections 10.7.3, a. or b., as applicable.

d. Projection Wall signs suspended from any building shall not project more than eighteen (18) inches beyond the front of the building and the bottom of such signs shall not be less than eight (8) feet above the finished grade of the sidewalk.

e. Height No wall sign shall project higher than twenty (20) feet above curb level, and in no case shall a wall sign project above the roofline.

f. Marquees No marquee sign shall extend vertically or horizontally beyond the limits of said marquee. Marquees shall maintain headroom of not less than eight (8) feet.

g. Awnings and Canopies Any sign located on an awning or canopy shall be affixed flat to the surface thereof, shall be non‐illuminated and non‐flashing, and shall indicate only the name and address of the establishment on the premises. Further, no such sign shall extend vertically or horizontally beyond the limits of said awning or canopy. Awnings and canopies shall maintain headroom of not less than eight (8) feet.

11.7.4 Projecting Signs

Every business shall be permitted no more than one (1) projecting sign mounted on the exterior wall signage facing a public street subject to the following:

a. Every projecting sign, including the frames, braces and supports thereof, shall be securely built and designed and may require approval from a structural engineer or registered architect as requested by the Building Commissioner.

b. Projecting signs shall maintain headroom of not less than eight (8) feet and may not project greater than five (5) feet from the building.

c. Projecting signs shall not exceed eight (8) square feet.

11.7.5 Ground Signs (Freestanding Signs)

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a. There shall be permitted one (1) ground sign per zoning lot subject to the following:

1. No ground sign shall exceed one hundred (100) square feet per sign face, and the longest dimension of such sign shall not exceed fifteen (15) feet.

2. No more than two (2) sign faces are permitted per ground sign.

3. Height: The height of a ground sign shall not exceed fifteen (15) feet from the finished grade of the lot to the top of the sign.

4. Location: Ground signs shall be setback not less than fifteen (15) feet from any property line. Ground signs may not be included in the visibility triangle.

5. Materials: Ground sign structures shall be faced with brick, stone, wood, or other durable natural material as deemed appropriate by the Village Administrator.

6. Landscaping: Landscaping shall be provided around the base of all ground signs to a width of not less than two (2) feet around the perimeter of the sign. Landscaping shall include annual and/or perennial plants and/or shrubs. b. Automatic Changing Signs and Changeable Copy signs : Ground signs may include automatic changing signs or changeable copy signs only through the approval and issuance of a Special Use Permit, which shall be subject to both the standards for Special Uses set forth in Section 3.10.2.f and the standards set forth below. Applicants that seek to exceed the listed special use permit standards are also required to apply for and be authorized for the relevant variation(s).

1. Such signs shall be accessory and incidental to the principal ground sign and shall be maintained within the limits of the ground sign. Such signs shall be included and counted as part of the maximum ground sign area allowable on the premises. Signs being added to existing sign shall be compatible and fit within the existing sign structure face.

2. Such signs shall comprise no more than thirty (30) percent (%) of the principal ground sign area per face.

3. Signs shall only advertise and direct attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an event or entertainment offered on the premises where the sign is located.

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4. Such signs shall be a minimum of two hundred (200) feet away from any residential structure.

5. Words and images shall not be changed more frequently than once every fifteen (15) seconds.

6. Colors shall be limited to a maximum of three (3). Words and images shall be softened at dusk. Signs shall be equipped with photosensitive equipment which automatically adjusts the brightness and contrast of the sign in direct relation to the ambient outdoor illumination.

7. Illumination generated by a sign shall not exceed one (1.0) foot candle measured at a distance of ten (10) feet from the sign face.

8. Messages or images shall not blink, flicker, flash, scintillate or fast moving animate. Limited animation is allowed; however, the Village reserves the right to restrict the use of animation.

9. A minimum of five percent (5%) of the display time may be made available for civic, school and government messages, if appropriate material is received.

11.7.6 Exposed Neon, Neon Tubing, LED Tubing, Series Lighting and Other Similar Applications

a. One (1) interior mounted “Open/Closed” sign up to a maximum of four (4) square feet in area may be permitted for a lawfully established non‐residential use within a lawfully established and conforming non‐residential building.

11.8 Signs Permitted in Residential Districts (Permit Required)

11.8.1 In all residential districts, and on all zoning lots with established residential uses in mixed‐use districts, the following signs are permitted subject to the requirements set forth herein: a. Exempt Signs b. Temporary Signs

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c. Permanent Subdivision Signs, Neighborhood Identification Signs, and Multi‐family Complex Use Signs. A sign, masonry wall, landscaping, or other similar material or feature may be combined to form a display for a neighborhood, subdivision, or multifamily complex provided that the legend of such sign or display shall consist only of the name of the neighborhood, subdivision or multi‐family complex. Such sign or entrance feature shall not interfere with required sight distances for both vehicular and pedestrian access and a guaranteed continuous maintenance program must be approved by the Village Board before a permit is granted. Such sign or feature shall conform to the following:

1. Size: The façade of a sign, wall, or other man‐made component of the feature shall not exceed one hundred (100) square feet.

2. Height. No sign, wall, or other man‐made component of the feature shall project higher than eight (8) feet above the finished grade.

3. Projection. No part of the sign or feature shall project beyond the property line.

TABLE A SUMMARY OF EXEMPT SIGN REQUIREMENTS (NO PERMIT REQUIRED)

Type of Sign Size/Height/Set‐ back Other Limitations Limitations Address Identification Signs Max. 2 sq. ft. Only name and address. Flush mounted on building. No illumination. For Sale/Rent Signs Max. 5 sq. ft. 1 sign per street frontage. (for 1 single‐family residence Max. 5 ft. high No more than 2 sign faces. only.) Setback ‐ 5 ft. No illumination. Remove 7 days after sale or lease. Garage Sale Signs Max. 5 sq. ft. 1 sign per street frontage. Max. 5 ft. high No more than 2 sign faces. Setback ‐ 5 ft. No illumination. Display only on day(s) of sale.

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Traffic and Parking Signs Max. 3 sq. ft. 1 sign per entrance or exit. (Directional Signs) Max. 3 ft. high No more than 2 sign faces. Setback ‐ 5 ft. Directional or parking information only. No commercial messages. Memorial Signs Max. 4 sq. ft. Date of construction and Inlaid in building name of building only. Church Bulletins/Civic Max. 20 sq. ft. 1 sign per street frontage. Organizations/Quasi‐Public Signs Max. 5 ft. high Setback ‐ 5 ft. Public Signs N/A Non‐commercial. Erected only by order of a public official. Flags N/A Limited to 1 flag each for national, state, village, corporate, and fraternal, religious, or civic organization. Public Information Signs Max. 2 sq. ft. Only signs indicating restrooms, telephones or similar public information. Political Signs Max. 6 sq. ft. Display not more than 30 (6 square feet or less) days prior to election. Remove within 7 days of election. No Trespassing/Dumping Signs Max. 2 sq. ft. N/A Holiday/Seasonal Displays N/A Must be clearly incidental, customary, and commonly associated with national, local or religious holiday. Display not more than 45 days. Promotional Signs N/A Display not more than 7 days for subject promotion or special event. Window Promotional Signs Not to exceed 30% of N/A window area

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TABLE B SUMMARY OF TEMPORARY SIGN REQUIREMENTS (PERMIT REQUIRED)

Type of Sign Size/Height/Setback Other Restrictions Limitations Construction, Max. 32 sq. ft. 1 sign per street frontage. No Subdivision, Max. 15 ft. high more than 2 sign faces. Development Signs Setback 15 ft. from Removed within 7 days of any lot line. completion or final occupancy permit. No illumination. Political Signs (greater Max. 32 sq. ft. 1 sign per street frontage. No than 6 square feet) Max. 15 ft. high more than 2 sign Setback 15 ft. from faces. Displayed not more any lot line. than 30 days before election, removed within 7 days of election. No illumination. For Sale/Rent Signs (for Max. 32 sq. ft. 1 sign per street frontage. No other than 1 single family Max. 15 ft. high more than 2 sign residence) Setback 15 ft. from faces. Removed within 7 days any lot line. of completion or final occupancy permit. No illumination.

TABLE C SUMMARY OF PERMITTED SIGN REQUIREMENTS (PERMIT REQUIRED)

Type of Sign Size/Height/Setback Other Restrictions Limitations Wall Signs (nonresidential Max. size ‐ 10% of façade See Section 11.7.3 for wall districts only) area signs or 300 sq: ft. (which‐ever is on corner buildings and smaller). multiple tenant Max. projection ‐ 18 inches buildings. Mm. clearance ‐ 8 feet Max height ‐ 20 feet Projecting Signs Max. 8 sq. ft. 1 per business establishment Max. projection ‐ 5 feet Min headroom ‐ 8 feet Ground or Freestanding Max. 100 sq. ft. 1 per zoning lot. No more Signs Max. 15 ft h than 2 sign faces. Material

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Setback 5 ft. restrictions and landscaping requirements (see Section 11.7.5.) Automatic Changing Maintained within limits of Must be accessory and Signs ground or freestanding sign. incidental to a principal ground or freestanding sign. Marquee Signs Sign may not project beyond N/A limits of marquee. Mm. headroom ‐ 8 feet Awnings and Canopy Sign may not project beyond Name and address of Signs limits of awning or canopy. establishment only. No Mm. headroom ‐ 8 feet illumination. Neighborhood Max. 50 sq. ft May include sign, masonry Identification Sign Max 5 ft. high wall, landscaping or other feature. (See section 11.8.1 for add’l requirements) Permanent Subdivision Max. 100 sq. ft. May include sign, masonry Signs, Multi‐family Max. 8 ft. high wall, landscaping or other Complex Signs feature. (See section 11 .8.1 for add’l requirements)

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APPENDIX A: ILLUSTRATIONS

The following illustrations contained in this Appendix are provided solely to clarify the intent of the text of the Village of Volo Zoning Ordinance and are not to be considered a part of the Zoning Ordinance for purpose of application or interpretation.

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APPENDIX B: LIGHTING ILLUSTRATIONS

NOT TO SCALE

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NOT TO SCALE

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Scale: 1” = 10’ +/‐

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APPENDIX C: TABLE OF PERMITTED, SPECIAL & TEMPORARY USES

TABLE OF PERMITTED, SPECIAL & TEMPORARY USES VILLAGE OF PERMITTED, SPECIAL & TEMPORARY USES USE RC RE R1 R2 MU‐1 MU‐2 B1/PUD B2 B3 L1 OR OS Art and Sculptures Studios S X X X Dwelling unit ( above ground floor of commercial use) S S X X Fish market, retail S S X X X Accessory uses X X X X X X X X X X X X Agriculture implement sales and service X Agriculture supplies and service center X Agriculture Uses, including: Arboretum or Botanical Garden; Cropland; X S S S Greenhouse, non‐retail; Nursery, non‐retail; Seasonal sale of farm produce; Stable, private Airports S Alcoholism and Substance Abuse Treatment Center S Amusement establishments (arcade, bowling alleys, pool halls, dance halls, etc.) S X Animal hospital or veterinary clinic X Antique shop S X X X Apparel and other products manufactured from textile X Apparel Shop S S X X X X Appliance stores, household. sales and service S X X X Art and craft store S S X X X Art gallery S X X X Art and office supply store S X X X Auction house X Automobile accessory stores (retail sales only) X Automobile leasing, new and used vehicles X Automobile and major truck repair X Automobile service and repair S X Bait shop S X X X Bakery (on‐site retail sales only) S S X X X X Bakery, wholesale X Banks and other financial institutions, with or without drive‐through facilities S S X X X Barbershop, hair salon, And/or beauty shop S S X X X Bed and breakfast Inn S S X

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USE RC RE R1 R2 MU‐1 MU‐2 B1/PUD B2 B3 L1 OR OS Bicycle sales and service S S X Bedding manufacturing X Boat and marine sales and leasing X Boat building and repair X Boat building and repair, and/or storage X Books and periodical store S S X X X Bottling works X Building Equipment and Yards for manufacturing X Bus station or stopover point S S X X,S X,S Cabinet manufacturing X Camera and photo equipment store S S X X X Candy store S S X X X Carpet and rug cleaning X Carpet, rugs and linoleum store X X X Catalog stores X Catering service S S X X X Cemetery S X S S S X S China or glassware shop S X X Church or other place of worship S S S S S S X S S Consumer electronics store S S X X Cocktail lounge S X X X Currency exchange S S S X X X College and university S S Community living centers, congregate living centers, or senior citizen housing S S S S X Contractors, architects and engineers offices, shops and yards X Cultural institutions, including public libraries, museums and art galleries S S S S X S Day care centers, nurseries, and/or preschool S S S S S X S S S Delicatessen S S X X X Department stores X Drive‐in and drive‐through facility S S S S Drugs and cosmetics store S S X X X Dry cleaners S S X X X Dwelling, Multi family S S Dwelling, Single family attached S S Dwelling, Three Family S S

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USE RC RE R1 R2 MU‐1 MU‐2 B1/PUD B2 B3 L1 OR OS Dwelling, Two Family S S Educational institutions: Colleges and universities, elementary schools, junior and S S S S senior high schools Electronic component manufacturing X X Emergency Trauma Center X Employment agency S S X X X Equipment rental X Fairground and exposition ground S S S Feed and grain sales X Florist shop S S X X X Food processing and packing S S Fruit and vegetable market, retail S S X X X Fuel and ice plants X Furniture and home furnishings store S S X X Furniture repair and refinishing X Furrier S S X X X Gift shop S S X X X Garden supply X Gasoline fuel station and food mart X S X Gas, butane and propane sales X Glass and/or mirror shop S X Greenhouse, retail X Greenhouse, non‐retail X Grocery store S S S X X X Group homes ( up to eight individuals) S S S S Gymnastic Studio S S S Hardware store S S S X X X Health food store S S X Health or fitness clubs S S X S S S X Health services and staff housing X Heating, air conditioning and water heaters sales and service X Heliport S S Hobby shop S S X X X Home Improvement center S X Home occupations X X S X

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USE RC RE R1 R2 MU‐1 MU‐2 B1/PUD B2 B3 L1 OR OS Home occupations in detached accessory structure S S Hospital X Hotel S S X S S S Houseware and kitchen store S S X X X Ice cream shop S S X X X Indoor theater S S S Interior decorating services S S X X X Jewelry store S S X X X Kennels, wholly enclosed X Landscape contractors storage yard S Leather goods and luggage store S S X X Laundromat S S X X X Library S X S S Light assembly of products S Liquor store X S X Locksmith shop S S X X X Magazine shop and/or news depot S S X X X Mail‐order warehouse X Martial Arts Studio S Meat market, retail X X X Meeting and banquet facility X S Mortuaries and funeral parlors S S X X X Motel S Motorcycle, sales and service X Museum, commercial or public S Music and musical instruments store S S X X X Music, dance studio/store S S X X X Nurseries, trees and/or shrubs S Nursery, non‐retail X Nursing home or convalescent home S S X Office supply store S S X X X Offices, business and professional S S X X X X X Offices, medical and dental S S X X X X X Optical sales and service S X X X Paint and wallpaper store S S X X X

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USE RC RE R1 R2 MU‐1 MU‐2 B1/PUD B2 B3 L1 OR OS Parking lots and structure S S S Parking structures, when integrated as part of the principal use and structure X X X Parks and recreational facilities including athletic fields, pools, racquet courts, S S S S S S X S S S S S community centers, golf courses, and golf driving ranges Personal services, including tanning salons, and weight loss clinics S S S Pet cemetery S Pet stores S S X X X Photocopying and retail printing services S S X X X Photography studio and store S S X X X Physical therapy facilities, medical S S X X X Picture framing shop S S X X X Planned unit development S S S S S S S S Plumbing supply store S X Post office S S X X X Precision instruments manufacturing X X Printing and publishing X X Private stadiums and sports facilities S Public open lands, refuges, or preservers X X X S X Public utility and service uses S Public utility and service uses, and civic building; fire station; police station, telephone exchange, telephone transmission equipment buildings, and microwave relay towers. Waterworks, reservoir, pumping station, and filtration S S S X S plant, other municipal buildings. Radio and television studios X X Record, CD, Cassette tape music store S S X X X Recycling center S Resale shop S S X X X Research and development and testing facilities X X Restaurant, sit‐down S S X X S Restaurant, sit down and/or drive thru X S Retail sales of commodities manufactured or processed, fabricated, or assembled on the premises not to exceed ten percent of the gross floor area nor exceed a total of five thousand square feet. X Sanitarium S Schools, commercial or trade S S Secretarial services S S X X X

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USE RC RE R1 R2 MU‐1 MU‐2 B1/PUD B2 B3 L1 OR OS Self service storage facility S Seminary, Theological Residential Senior apartments and senior housing S S X S S Shopping center (less than 20,000 square feet gross floor area) X X Shopping center (more than 20,000 square feet gross floor area) S X Shoe store S S Shoe repair shop S S X X Sign shop X Single‐family detached dwellings X X X X X X Sport Arena S Sporting goods store S S X Tailor shop S S X X X Tavern X S S Taxi Stand S X X Taxidermist S Telephone answering service S S X X Television and radio, sales and service S S X X Theater Theater, drive‐in S Theater, indoor X S Tobacco shop S S X X Toy store S S X X X Travel agency S S X X X Truck sales and leasing, new and used X Truck and/or trailer rental X Truck Terminal X Upholstery shop X X X Utility service yard or garage Video sales and rental store S X X Warehousing and distribution X Watch, clock shop, sales and repair S Watchman’s quarters X Welding shop X Well drilling service X Woodworking and wood products manufacturing X

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VILLAGE OF VOLO CERTIFICATE OF VILLAGE CLERK

I, LAVERNE DRAKE, DO CERTIFY that I am the duly appointed Village Clerk of the Village of Volo. Lake County, Illinois, and

I FURTHER CERTIFY that the attached copy of Ordinance #______is a true and correct copy of the Ordinance as duly adopted by the President and Board of

Trustees of the Village of Volo on ______

and that the Ordinance has not been amended or repealed.

IN WITNESS WHEREOF, I have here unto affixed my hand and the official seal of the Village of

Volo, Lake County, Illinois this ______

______La Verne Drake VILLAGE CLERK

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Ordinance No.0- 00127

VILLAGE OF VOLO ORDINANCE (An Ordinance Adopting the Amended and Restated the Zoning Ordinance and the Official Zoning Map of the Village)

BE IT ORDAINED by the President and Board of Trustees of the Village of Volo, Lake County, Illinois as follows:

Section 1. Findings and Determinations.

Pursuant to proper notice, the Plan Commission has held public hearings on the amended and restated Zoning Ordinance and Official Zoning Map and has recommended to the Board of Trustees approval of the amended and restated Zoning Ordinance and Official Zoning Map, a copy of the Zoning Ordinance dated March 14, 2000 is attached hereto and made a part hereof as Exhibit A and a copy of the Official Zoning Map dated March 14, 2000 is attached hereto and make a part hereof as Exhibit B. It is hereby found and determined that, in order to provide for health, safety and welfare of the citizenry served by the Village of Volo, it is necessary and convenient to review, amend, establish and adopt the amended and restated Zoning Ordinance of the Village of Volo for the regulation and control of those activities, structures, uses and other matters all as authorized by 65 Illinois Compiled Statutes, Section 5/11- 13-1 et seq., being the Illinois Municipal Code, as amended, and other relevant provisions of the Illinois Compiled Statutes, as amended. Section 2. Zoning Ordinance and Official Zoning Map Adopted. The Village of Volo Zoning Ordinance as amended and restated and the Official Zoning Map is hereby authorized, approved and adopted as the Zoning Ordinance of the Village of Volo, Lake County, Illinois, all upon the terms, provisions, limitations and conditions as set forth in said Zoning Ordinance. Section 3 Severability If any section, paragraph, subdivision, clause, sentence or provision of the Zoning Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment such not affect, impair, invalidate or nullify the remainder thereof which remainder shall remain and continue in full force and effect.

Section 3. Repeal:

All ordinances, or parts of ordinances or resolutions in conflict with the provisions of this Ordinance and the Zoning Ordinance, are to the extent that such conflict exists, hereby repealed; provided however, that any specific ordinance granting a right or privilege in connection with zoning variations, special or conditional uses or other specific relief from the provisions of the Zoning Ordinance remains in full force and effect.

Section 4. Effective Date.

This Ordinance shall be in full force and effect ten days after its passage and approval as provided by law. This Ordinance shall be published in pamphlet form.

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Passed this 14th day of March, 2000 by roll call vote as follows:

Ayes Nays Absent Abstain Trustee Yvonne Crow X Trustee William Grams X Trustee Arthur Hill X Trustee Delmar Maassel X Trustee Eric Nielsen X Trustee Naomi Wick X President Burnell C. Russell X

APPROVED THIS 14th DAY OF MARCH, 2000: ______President Burnell C. Russell (SEAL)

ATTEST: ______Village Clerk LaVerne Drake

Published: ______

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