8.0 GENERAL ORDINANCE PROVISIONS

 

8.0 GENERAL ORDINANCE PROVISIONS

 


 

 

ZONING ORDINANCE - 8.0 GENERAL ORDINANCE PROVISIONS

8.1 - INTERPRETATION

8.1.1 - MINIMUM REQUIREMENTS

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 and welfare.
 

8.1.2 - CONFLICTING LAWS

Where the conditions imposed by any provisions 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 other governmental regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
 

8.1.3 - EXISTING AGREEMENTS

This Ordinance shall not 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.
 

8.1.4 - EXISTING VIOLATIONS

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; and to the extent that, and in any manner that said lawful building, structure, or use is in conflict with the requirements of this Ordinance, said building, structure, or use remains unlawful hereunder.
 

8.1.5 - PERMIT

Nothing contained in the Gurnee Zoning 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.
 

8.1.6 - CUMULATIVE REGULATIONS

The provisions in the Gurnee Zoning Ordinance are cumulative and additional limitations upon all other laws and ordinances, heretofore, passed or which may be passed hereafter, governing any subject matter in the Gurnee Zoning Ordinance.
 

8.1.7 - INDEX

The index attached, which is established solely as a reference guide to this Ordinance, is not, and shall not be construed to be, a part of this Ordinance.
 

8.2 - SEPARABILITY

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

8.2.1 - ORDINANCE PROVISIONS

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

8.2.2 - PROPERTY APPLICATION

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 provisions to any other property, building, or structure not specifically included in said judgment.
 

8.3 - SCOPE OF REGULATIONS

It is hereby declared that the provisions of this Ordinance shall apply to all properties as hereinafter specifically provided:
 

8.3.1 - NEW USES

No building or structure, or part thereof, shall hereafter be erected, constructed, reconstructed, enlarged, moved, or structurally altered, and no building, structure, or land shall hereafter be used, occupied, or arranged or designed for use or occupancy, not shall any excavating or grading be commenced in connection with any of the above matters, except as permitted by the regulations of this Ordinance for the zoning district in which such building, structure or land is located.
 

8.3.2 - EXISTING USES

Except as may otherwise be provided, all structural alterations or relocation of existing buildings or other structures occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, structures, uses, or land shall be located.
 

8.3.3 - BUILDING PERMITS

Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this Ordinance, and provided that construction is begun within six (6) months of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further, may upon completion be occupied for the use for which originally designated subject thereafter to the provisions of Article 12, Non-Conforming Uses, Lots and Structures. This Section shall also control building permits lawfully issued prior to the future amendments to this Ordinance.
 

8.3.4 - SPECIAL USES

Where a structure and use of land lawfully exists on the effective date of this Ordinance, and is classified by this Ordinance as a special use in the district where it is located, such use shall be considered a lawful special use. A special use permit issued in accordance with procedures herein set forth shall be required only for any expansion or major alteration of such existing legal special use.

Where a use is not allowed as a special or permitted use in the district in which it is zoned under this Ordinance, and exists as a special use under the terms of the Ordinance immediately prior to the date of the adoption of this Ordinance, it shall be considered to be a legal non-conforming use and shall not be subject to the use provision of Article 12 hereof.

If the special use ceases for a period of more than one (1) year, the special use permit shall be void and the special use cannot again be started.

A special use permit may authorize one (1) or more special uses, in accordance with the terms of said special use permit.

 

8.3.5 - NUMBER OF BUILDING ON A ZONING LOT

Not more than one (1) principal detached single-family or two-family residential building shall be located on a zoning lot, nor shall a principal attached single-family residential building be located on the same zoning lot with any other principal building, except in the case of Planned Unit Developments or residential clusters, if authorized by special use.

More than one (1) principal building, other than single-family detached or two-family residential buildings, may be located on a zoning lot provided the Ordinance requirements are met separately for each individual use. Lot area, or other criteria, used to satisfy one (1) use cannot be counted again and used to satisfy a separate use.

 

8.3.6 - TWO USES ON A LOT

Where two (2) or more permitted or special uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.
 

8.3.7 - OPEN USE

Where a lot is to be occupied for a permitted use without buildings, the site and structure provisions applicable for such lot shall be provided and maintained unless otherwise stipulated in this Ordinance, except that side and rear yards shall not be required on lots used for garden purposes without buildings or structures nor on lots used for public recreation areas.
 

8.3.8 - ACCESS ACROSS RESIDENTIAL PROPERTY

No land which is located in a residence district shall be used for driveway, walkway, or access purposes to any land which is located in a commercial or industrial district, or used for any purpose not permitted in a residential district except in the case of permitted Planned Unit Developments.
 

8.4 - BULK, LOT AREA, AND YARD REQUIREMENTS

8.4.1 - CONTINUED CONFORMITY WITH BULK REGULATIONS

The maintenance of yards, other open space, and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, other open space, or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, other open space, or minimum lot area requirements for any other building.
 

8.4.2 - DIVISION OF ZONING LOTS

No improved zoning lot shall hereafter be divided into two (2) or more zoning lots, and no portion of any improved zoning lot shall be sold unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.

If a lot is built upon under one (1) building permit, than divided for selling purposes, it can only be so divided if each saleable lot, or portion of the original lot, is platted as a lot of record and conforms to Gurnee Subdivision Regulations.

 

8.4.3 - LOCATION OF REQUIRED OPEN SPACE

All yards and other open spaces allocated to a building or buildings shall be located on the same zoning lot as such building or buildings.
 

8.4.4 - REQUIRED YARDS

1. - FRONT YARDS
- Front yards shall be unobstructed from ground level to sky, except as allowed in Section 8.4.5.

- Exception:
- Where more than thirty percent (30%) of the frontage on one (1) side of a duly recorded subdivided block is occupied by residences on the effective date of this Ordinance, the average setback from the front lot line of such existing residences shall be maintained by all new or relocated structures, but in no case shall the setback from the front lot line be less than twenty (20) feet. All accessory buildings which are attached to principal buildings (as attached garages) shall comply with the yard requirements of the principal buildings.

2. - INTERIOR SIDE YARDS
- Interior side yards shall be unobstructed from ground level to the sky, except as allowed in Section 8.4.5 and 8.4.6. All accessory buildings which are attached to principal buildings (as attached garages) shall comply with the yard requirements of the principal buildings. Provided, however, that in any residence district, on a lot of record on the effective date of this Ordinance which is less than eighty (80) feet in width, each side yard shall be not less than eight (8) per cent of the lot width, but in no case less than three (3) feet.

3. - CORNER SIDE YARDS
- Corner side yards shall be unobstructed from ground level to the sky, except as allowed in Sections 8.4.5 and 8.4.6. All accessory buildings which are attached to principal buildings (as attached garages) shall comply with the yard requirements of the principal buildings. Provided, however, that in any residence district on a lot of record on the effective date of this Ordinance, which is less than eighty (80) feet in width, a single-family dwelling may provide a corner side yard which shall not be less than twenty (20) percent of the width, but in no case less than ten (10) feet.

*4. - REAR YARDS
- Rear yards shall be unobstructed from ground level to the sky, except as allowed in Sections 8.4.5 and 8.4.6. All accessory buildings which are attached to principal buildings (as attached garages) shall comply with the yard requirements of the principal buildings. Provided, however, that in any residence district on a lot of record on the effective date of this Ordinance, which is less than one hundred and twenty-five (125) feet in depth, the rear yard shall not be less than eight (8) percent of the lot depth, but in no case less than six (6) feet.
(*Amended March 24, 1986, Ord. No. 86-16)

5. - STREET WIDENINGS
a. - Existing Lots - For existing lots with existing structures, the required yard adjoining a street may be reduced below the required minimum to provide right-of-way for a street widening.
b. - Setbacks for Street Widenings - Notwithstanding any other provision of this Ordinance, no building or structure shall be erected, constructed, structurally altered, or enlarged closer to the centerline of an existing or proposed street than provided for by the minimum setback plus one-half (1/2) of established right-of-way width designated by the Official Map or Comprehensive Plan of the Village. The minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard, adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line of the street or thoroughfare, or from the proposed right-of-way line as duly established by other ordinances or as established by County or State Highway authorities-whichever has the greater right-of-way width requirements.

6. - EXCEPTIONS
a. - Where fifty (50) percent or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have observed (within a variation of ten (10) feet or less) a front yard greater in depth than required herein, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
b. - Where fifty (50) percent or more of the frontage on one side of a street between two (2) intersecting streets is developed with buildings that have been legally constructed and that have not observed a front yard as herein required, then:
(1) - Interior Lots
(a) - Where a building is to be erected within one hundred (100) feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the closest front corners of the two (2) existing buildings.
(b) - Where a building is to be erected within one hundred (100) feet of an existing building on one (1) side only, it may be erected as close to the street as the existing building.
(2) - Corner Lots
- The depth of the setback lines shall be as normally required in the district where the lot is located.

7. - VISION CLEARANCE - Corner Lots
- On corner lots no structures or plant materials shall obstruct a clear path of motor vehicle drivers' vision of approaching vehicles within a triangular area determined by a diagonal line measured along the subject property line, connecting two (2) points measured thirty-five (35) feet equidistant from the street pavement corner of the two (2) intersecting street lines.

- In any commercial district such distance may be reduced to ten (10) feet and shall not apply to that part of a building above the first floor.

 

8.4.5 - PERMITTED OBSTRUCTIONS IN REQUIRED YARDS

The following structures shall be allowed to project into or to be constructed in any required yard:

1. - Antennas.

2. - Arbors and Trellises.

3. - Bay Windows, not to exceed two (2) feet.

4. - Chimneys, not to exceed two (2) feet.

5. - Clothesline posts.

6. - Driveways, subject to Article 10.

7. - Fences, Walls, and Hedges in accordance with other provisions of this Article.

8. - Flagpoles.

9. - Garbage Disposal Equipment, non permanent.

10. - Island and Pumps for Gasoline Stations, minimum setback of twenty (20) feet.

11. - Landscape Features.

12. - Overhanging Roof, Eave, Gutter, Cornice or Other Architectural Features, not to exceed three (3) feet.

13. - Permitted Accessory Structures; in accordance with other provisions of this Article.

14. - Planting Boxes.

15. - Recreational Equipment.

16. - Sidewalks and Steps.

17. - Steps, or Ramps, Stairs, to a dwelling, nonenclosed, not to exceed four (4) feet.

*18. - Terraces (Open) and Porches (Nonenclosed), not to exceed four (4) feet into any required front or side yard and not to exceed ten (10) feet into any required rear yard.
(*Amended April 16, 1990, Ord. No. 90-43)

19. Gazebos (attached to principal building via non-enclosed porch or open terrace), not to exceed ten (10) feet into any required rear yard. Such gazebos should conform to the provisions of Section 8.5.4 of the Zoning Ordinance in regard to separation from the principal building; however, such gazebos may be permitted to be located closer than ten (10) feet, but no closer that five (5) feet, to the principal building subject to review by the Village of Gurnee Fire Prevention Bureau for possible access concerns to single story or multiple story homes or buildings or other fire safety related matters.

20. - Trailers and Boats.

21. - Trees, Shrubs, Flowers, and Other Plant Material, in accordance with the vision requirements of this Article.

22. - Yard and Service Lighting Fixtures and Standards.

23. - Awnings and Canopies, not to exceed three (3) feet.

24. - Mailboxes.

25. - Marquees, not to exceed five (5) feet.

26. - Signs, in accordance with Article 11.

*27. - Air Conditioners and Emergency Back-up Generators 

a. For residentially zoned property: Units are prohibited from being located in the front yard, must be located within 5 feet of the adjacent wall of the principal structure, and located no closer than 3 feet to any interior side property line. Emergency back-up generators are prohibited from being propane, gasoline, or diesel fueled and must be enclosed by a sound attenuated box or cabinet which has been professionally manufactured for the generator.

b. For all non-residentially zoned property: Units are prohibited from being located in the front yard and must be located within 12 feet of the adjacent wall of the principal structure. Units installed in a yard of adjacent to a yard that abuts a residentially zoned lot shall be located no closer than 3 feet from the residentially zoned property line and must be effectively screened with year-round landscape material; a majority of the material shall come from evergreen plantings with a minimum planting height of 6-feet, planted in a natural configuration and be a mix of species similar to, but not limited to Arborvitae, Spruce, or as otherwise recommended by a certified arborist or similarly titled professional, with plantings being approved by the Village. Units located in or adjacent to a corner side yard, or adjacent to a front yard, must also be effectively screened with year-round landscape material as detailed above.
 *(Amended December 5, 2011, Ord. No. 2011-83)

 

*8.4.6 - FLOOR AREA OF ACCESSORY BUILDINGS

The floor area of accessory buildings shall be included in the total allowable floor area permitted on a zoning lot; however, any floor area devoted to required off-street parking or loading facilities shall not be counted in the floor area used to determine floor area ratio.
*Amended April 16, 1990, Ord. No. 90-42)
 

8.4.7 - LOTS

1. - CORNER LOTS

- On a corner lot, the front lot line shall be the lot line having the shorter dimension abutting a street line.

2. - THROUGH LOTS

- On a through lot, one (1) of the two (2) lot lines abutting public streets shall be designated by the Office of the Zoning Administrator as the front lot line, except that when a front line has previously been established on one (1) or more lots located on the same block as a through lot(s) and all have established front lot lines along the same street line, the street line designated as the front lot line for such lot or lots shall be the front lot line of the through lot(s) in such block.
 

8.4.8 - STRUCTURE HEIGHT

The following requirements supplement the district regulations regarding structure height established heretofore:

1. - HEIGHT EXCEPTIONS -

- The following structures or parts thereof are exempt from the height limitations set forth in the several zones; except as limited by any height restriction imposed by any airport authority, port district, or other municipal corporation operating an airport, and as limited by regulations for airports and heliports.
a. - Public utility poles, towers, and wires.
b. - Water tanks and standpipes.
c. - Building appurtenances such as chimneys, parapet walls, skylights, steeples, flag poles, smokestacks, cooling towers, elevator bulkheads, fire towers, monuments, water towers, stacks, stage towers, or scenery lofts, tanks, ornamental towers and spires, roof gardens, recreational facilities, wireless towers, necessary mechanical appurtenances, or penthouses to house mechanical appurtenances.

2. - PLANNED UNIT DEVELOPMENTS

- Buildings in Planned Unit Developments may exceed height limits established for the district in which the Planned Unit Development is located, provided that "Departure from Standards" criteria established in Article 9 are met in the judgment of the Village Board, acting upon the recommendation of the Plan Commission.
 

8.5 - ACCESSORY USE REGULATIONS

8.5.1 - PURPOSE

 Accessory uses, buildings, or other structures customarily incidental to and commonly associated with a use allowed as an approved permitted or special use within a particular zoning district may be permitted to occupy the same zoning lot as said approved use.  To qualify as an accessory use, building, or structure permitted in this Section said use shall be operated and maintained under the same ownership and on the same zoning lot as the approved uses; it shall not include structures or structural features inconsistent with the approved principal use; and it shall not involve the conduct of any business, profession, or trade unless expressly authorized hereinafter.

 

8.5.2 - PERMITTED ACCESSORY USES, BUILDINGS, AND STRUCTURES


1. - IN RESIDENCE ZONES AND ACCESSORY TO RESIDENCES

- The following activities and uses shall be considered as activities and uses accessory to principal uses in all residences zones, as well as activities and uses similar to the following. In addition, when a residence lawfully exists as a permitted or special use in either the C/O-1 or C/S-3 zoning classification, the following uses and activities shall be considered accessory to said principal use:

               The following activities and uses shall be considered as activities and uses accessory to principal uses in all residences zones, as well as activities and uses similar to the following. In addition, when a residence lawfully exists as a permitted or special use in either the C/O-1 or C/S-3 zoning classification, the following uses and activities shall be considered accessory to said principal use:
a.         Agricultural Buildings and Structures (only in zoning districts where farms are an authorized principal use).
*b.       Air Conditioners and Emergency Back-Up Generators (subject to the applicable provisions of Article 8, Section 8.4.5).
            *(Amended December 5, 2011, Ord. No. 2011-83)
c.         Antennas.
d.         Boathouses; private.
e.         Columbariums (in cemeteries).
f.          Conservatories; private.
g.         Crematories (in cemeteries).
h.        *Day Care Center, when accessory to Chapels, Churches, and Similar Places of Worship, Parks, and Schools.
            (Amended December 19, 2011, Ord. No. 2011-88)
i.         Fallout Shelters (subject to the applicable provisions of Article 8, Section 8.7).
j.          Fences, Walls, and Hedges (subject to the applicable provisions of Article 8, Section 8.7).
k.          Garages, Carports, or other parking spaces (for the exclusive use of residents, occupants, and guests of the premises).
l.         Gardening.
m.          *Guest Houses; private (must have a minimum of five (5) acre lot size and shall not exceed five hundred (500) square feet in total floor area).
n.        Home Occupations (subject to the applicable provisions of Article 8, Section 8.5.3).
o.         Mausoleums (in cemeteries).
*p.         Roadside Stands (for the display and sale of agricultural products on zoning lots where the principal use is agricultural).
*q.       Self-Contained Solar Energy Systems (*Amended June 20, 2011, Ord. No. 2011-46)
*r.       Small Solar Energy Systems (subject to the applicable provisions of Article 8, Section 8.18). (*Amended June 20, 2011, Ord. No. 2011-46.)
s.        Small Wind Energy Systems (subject to the applicable provisions of Article 8, Section 8.16). (*Amended November 1, 2010, Ord. No. 2010-96).
t.         Stables; private and non-commercial (only on zoning lots at least five (5) acres in size and only for the boarding of residents’ horses).
u.          Swimming Pools and Tennis Courts (exclusively for the use of residents and their guests).
v.         Tool Houses, Sheds, and Other Similar Buildings (for the storage of customary domestic supplies).
w.          Water Retention and Detention Areas.

(*Amended March 24, 1986, Ord. No. 86-16)

2. - IN COMMERCIAL ZONES

The following activities and uses shall be considered as activities and uses accessory to principal uses in commercial zones, subject to the limits specified:

a.         Agricultural Buildings and Structures (only in zoning districts where Farms are an authorized principal use).
b.         Air Conditioners and Emergency Back-Up Generators (subject to the applicable provisions of Article 8, Section 8.4.5).
            *(Amended December 5, 2011, Ord. No. 2011-83)
c.         Antennas.
d.         Fallout Shelters (subject to the applicable provisions of Article 8, Section 8.7).
e.         Fences, Walls, and Hedges (subject to the applicable provisions of Article 8, Section 8.7).
f.          Garages, Carports, and Other Parking Spaces (for exclusive use of residents, occupants, guests, employees or patrons of the premises).
g.         *Outdoor Tables or Seating Areas, as accessory uses to restaurants subject to the applicable provisions of Article 8, Sections 8.5 and 8.7.   (*Amended April 17, 1989, Ord. No. 89-42)
h.         Roadside Stands (for the display and sale of agricultural products on zoning lots where the principal use is agriculture).
*i.         Self-Contained Solar Energy Systems (*Amended June 20, 2011, Ord. No. 2011-46).
*j.         Small Solar Energy Systems (subject to the applicable provisions of Article 8, Section 8.18). (*Amended June 20, 2011, Ord. No. 2011-46).
*k.        Small Wind Energy Systems (subject to the applicable provisions of Article 8, Section 8.16). (*Amended November 1, 2010, Ord. No. 2010-96).
l.          Water Retention and Detention Areas.


3. - IN INDUSTRIAL ZONES

The following activities and uses shall be considered as activities and uses accessory to the principal uses in industrial zones, subject to the limits specified:

a.         Agricultural Buildings and Structures (only in zoning districts where Farms are an authorized principal use).
b.         Air Conditioners and Emergency Back-Up Generators (subject to the applicable provisions of Article 8, Section 8.4.5).
            *(Amended December 5, 2011, Ord. No. 2011-83)
c.         Antennas.
d.         Fallout Shelters (subject to the applicable provisions of Article 8, Section 8.7).
e.         Fences, Walls, and Hedges (subject to the applicable provisions of Article 8, Section 8.7).
f.          Garages, Carports, and Others Parking Spaces (for exclusive use of residents, occupants, guests, employees, or patrons of the premises).
g.         Roadside Stands (for the display and Sale of agricultural products on zoning lots where the principal use is agriculture).
h.         Retail Outlet Stores (Accessory to a manufacturing or wholesale establishment).
*i.         Self-Contained Solar Energy Systems (*Amended June 20, 2011, Ord. No. 2011-46).
*j.         Small Solar Energy Systems (subject to the applicable provisions of Article 8, Section 8.18). (*Amended June 20, 2011, Ord. No. 2011-46).
*k.        Small Wind Energy Systems (subject to the applicable provisions of Article 8, Section 8.16). (*Amended November 1, 2010, Ord. No. 2010-96).

l.          Water Retention and Detention Areas.4. - IN THE PUBLIC LAND DISTRICT
 


4. IN THE PUBLIC LAND DISTRICT
 
Any use deemed to be customarily incidental and accessory to an authorized principal use, by the Village Board, may be permitted as an accessory use within the P Public Land District.



5. - UNLISTED ACCESSORY USES

Any use not listed as an accessory use, building, or structure which is customarily incidental to an approved principal use--if not heretofore listed in this Section--may be permitted as an accessory use, if processed under the Similar and Compatible Uses procedures of this Ordinance. Each use requested to be classified as accessory, and not heretofore listed, shall meet the following standards as well as standards for Similar and Compatible Uses itemized in Article 13:

(1) - It shall be customarily incidental to the principal use established on the same lot, and shall serve no other principal use or purpose.
(2) - It shall be subordinate in area, floor area, intensity, extent and purpose to the principal use.
(3) - It shall contribute to the comfort, convenience, or necessity of users of the principal use.
 

8.5.3 - HOME OCCUPATIONS

Home occupations, as defined in this Ordinance, are allowed as accessory uses in specified districts, subject to compliance with the following:

1. - The home occupation is practiced only by a member or members of the family or individuals permanently residing on the premises, and no more than one (1) person is employed other than an occupant of the premises.

2. - The area consumed by the home occupation is limited to not more than one room or twenty (20) percent of the floor area of one (1) floor or three hundred (300) square feet of floor area within the principal residence or on the zoning lot, whichever is less, including any area in a basement, garage or accessory structure.*
(*Amended September 22, 2003, Ord. No. 2003-69)

3. - There shall be no signs, displays, or activity that will indicate from the exterior that the structure is being used, in part, for any purpose other than that of a residence, except that one (1) identification sign not exceeding two (2) square feet in aggregate gross surface area, as regulated in Article 11.

4. - The home occupation and all related activity, including storage, shall be conducted completely within the dwelling unit or permitted accessory structure.

5. - There shall be no commodities sold or services rendered that require receipt or delivery of merchandise, goods, or equipment by other than a passenger motor vehicle or by parcel or letter carrier mail service.

6. - There shall be no special structural alterations, or construction features, to the residence or permitted accessory structures, nor the installation of special equipment attached to walls, floors, or ceilings.

7. - The home occupation and any related activity shall not create any traffic hazards or nuisances in the public streets and other public rights-of-way and all vehicle parking generated by such operations shall be located on the zoning lot to which the home occupation is a permitted accessory use.

8. - There shall be no perceptible noise, odor, smoke, electrical interference, vibration, or other nuisance emanating from the structure in which the home occupation is located as a permitted accessory use in excess of that normally associated with residential use.

- Home and garage sales shall not be considered home occupations, but shall be regulated as temporary uses in accordance with the applicable provisions of Section 8.6.4.5 of this Article.

9. - The following uses are hereby prohibited as home occupations*:
 

a. - Automobile, snowmobile, motorcycle, or recreational vehicle repair and service.
b. - Industrial machinery repair and service.
(*Amended September 22, 2003, Ord. No. 2003-69)

*8.5.4 - LOCATION OF ACCESSORY STRUCTURES

When a side yard is required, no part of any accessory structure shall be located closer than three (3) feet to the side lot line along such side yard and in a Residential District for each foot over twenty-two (22) feet in length that the wall of a detached accessory structure parallels and is next to a side lot line, the required distance between the accessory structure and the side lot line shall be increased by an additional one (1) foot. When a rear yard is required, no part of an accessory structure shall be located closer than five (5) feet to the rear lot line or to those portions of the side lot lines abutting such required rear yard and in a Residential District for each foot over twenty-two (22) feet in length that the wall of a detached accessory structure parallels and is next to a rear lot line, the required distance between the accessory structure and the rear lot line shall be increased by a additional one (1) foot. In a residential district, no detached accessory structure shall be closer than ten (10) feet to the principal building and for each foot over twenty (20) feet in length that the wall of an accessory structure parallels and is next tot he principal structure, the required distance between the structures shall be increased by an additional foot. In a Residential District for detached accessory structures that exceed fifteen (15) feet in height, measured from the grade level of the accessory structure, the required distance between the accessory structure and the side and rear lot line shall be increased, in addition to the previous requirements of this Section, one (1) foot for each one (1) foot over fifteen (15) feet in height.
(*Amended April 16, 1990, Ord. No. 90-42)
 

8.5.5 - TIME OF CONSTRUCTION

No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal structure to which it is accessory.
 

*8.5.6 - PERCENTAGE OF REQUIRED YARD OCCUPIED

Accessory building(s) or structure(s) shall not occupy more than fifty (50) percent of the area of the required yard.
*Amended April 16, 1990, Ord. No. 90-42)
 

8.5.7 - HEIGHT IN REQUIRED REAR YARDS

No detached accessory building or structure located in a required rear yard shall exceed the height of the principal structure or twenty (20) feet in height, measured from the grade level of the principal structure, whichever is less, except that an accessory antenna shall not exceed fifty (50) feet measured from the grade level of the principal structure.

 

8.5.8a - REVERSED CORNER LOTS*

On a reversed corner lot in a residence district, no accessory structure or portion thereof in a required rear yard shall be located closer to the side lot line abutting the street than a distance equal to two-thirds (2/3) the minimum depth which would be required under this Ordinance for the front yard on adjacent property located to the rear of the subject property. Further, no accessory structure shall be erected in or encroach upon the required side yard of a reversed corner lot which is adjacent to the street.
(*Amended September 22, 2003, Ord. No. 2003-69)
 

 

8.5.8 b - ON THROUGH LOTS*
No accessory structure or portion thereof, other than a fence, shall be located in the required rear yard setback of a through lot, which is adjacent to the street.
(*Amended September 22, 2003, Ord. No. 2003-69)


8.5.9 - FLOOR AREA OF ACCESSORY BUILDINGS

See Article 8, Section 8.4.6.

 

8.6 - TEMPORARY USE REGULATIONS


8.6.1 - PURPOSE

The provisions of this Section are based on the recognition that there are uses and structures which, because of their unique characteristics, cannot be permitted in any particular district on a permanent basis, but which may be either necessary or desirable for a temporary period, provided they are carefully regulated with respect to location and operation. The temporary uses and structures permitted by this Section shall be so established and maintained so as to least interfere with the use and enjoyment of neighboring uses and structures and to insure public safety and convenience.
 

8.6.2 - PERMIT REQUIRED

A temporary use permit shall be required prior to the establishment of any temporary use or structure. Compliance with the standards and the purpose of this Ordinance and with all other applicable Village Ordinances shall be a pre-requisite for the continued validity of all temporary use permits.
 

8.6.3 - PROCEDURE

Application for a temporary use permit shall be made to the Zoning Administrator and shall be granted upon full compliance with the standards set forth in this Ordinance. The Zoning Administrator, to determine whether the applicant will meet the standards set forth in this Ordinance, shall require the applicant to submit the following information:

1. - A survey or legal description of the property to be used, rented, or leased for the temporary use, including all information necessary to accurately locate and portray the property.

2. - A written description and/or drawing of the proposed temporary use or structure.

3. - Sufficient information to determine the yard requirements, sanitary facilities, and availability of parking space to adequately service the proposed temporary use or structure.

4. - Such other data and certification as may reasonably be required by the Zoning Administrator to reach a determination that the proposed temporary use or structure will comply with this Ordinance.
 

8.6.4 - USES AND STRUCTURES

Temporary uses and structures which may be allowed pursuant to this Section shall include, but are not limited to, the following:

1. - BLOCK PARTIES AND STREET DANCES

- In any district, a temporary use permit shall be required for a block party, street dance, or similar public gathering involving the closing of a public street or streets. Major or secondary thoroughfares shall not be blocked by such activities. Each permit shall be issued for a period not to exceed three (3) days.

2. - CARNIVALS AND CIRCUSES

- On any site not used for residential purposes, a temporary use permit shall be required for a carnival or circus. The permit shall be valid for a period of not more than fifteen (15) days, and provided that a period of at least ninety (90) days shall intervene between the termination of one (1) period and the issuance of another permit for the same location. Any temporary structures and/or tents erected to house all or part of a carnival or circus shall be removed within three (3) days of completion of the carnival or circus.

3. - CHRISTMAS TREE SALES

- On any site not used for residential purposes, a temporary use permit shall be required for the display and open-lot sale of Christmas trees for a period not longer than forty-five (45) days.

4. - CONTRACTOR'S OFFICES AND EQUIPMENT SHEDS

- In any zone, a temporary use permit shall be required for a contractor's temporary office and equipment sheds incidental and necessary to a construction project in the Village of Gurnee. The permit shall be valid for six (6) month period and renewable for six (6) successive periods at the same location. However, the office, shed, or storage area shall be removed within thirty (30) days of completion of the construction project.

5. - HOME AND GARAGE SALES

- In any residential district, a temporary use permit shall be required for a home or garage sale. The sale must be incidental to the use of the property for residential purposes and must be conducted in such a manner as to be compatible with the residential character of the neighborhood. Each permit shall be valid for a period of not more than four (4) days. Not more than two (2) permits for a home or garage sale shall be issued for the same zoning lot in one calendar year, January 1 to December 31.

6. - REAL ESTATE SALES OFFICE AND MODEL UNITS

- In any district, a temporary use permit shall be required for a temporary real estate sales office and/or model units in any new subdivision or planned unit development which has been approved in accordance with this Ordinance and the Village of Gurnee Subdivision Regulations. The temporary permit for a real estate sales office and/or model homes shall be valid for not more than one (1) year, but is renewable. The office shall be removed and the model homes closed within thirty (30) days after the sale of the last unit of the development. All activities conducted within either the temporary office of the model homes shall be directly related to the construction and sale of properties within the particular development. The temporary office and/or the model homes shall not be used for the general office operation of any firm.

7. - TEMPORARY OUTDOOR SALES

- On any site not used for residential purposes, a temporary use permit shall be required for sidewalk sales, rummage sales, bazaars, and similar outdoor sales. Such activities shall be conducted in accordance with all applicable Village regulations. There shall be no more than four (4) such permits issued for any zoning lot within a calendar year from January 1 to December 31. Each such permit shall be valid for a period not to exceed seven (7) days.


8. *TEMPORARY OUTDOOR STORAGE CONTAINERS ON NON-RESIDENTIALLY ZONED OR USED PROPERTIES

Temporary outdoor storage containers are only permitted for retail uses in the C/B-2 Commercial Zoning District, subject to securing a temporary use permit as defined in Article 8.6.3.  In addition, the following regulations apply to such a temporary use permit:
*(Amended April 20, 2009, Ord. No. 2009-32)

            1).     All buildings or businesses applying for such temporary use permit must contain a minimum of 36,000 square feet of area.
            2).     The permit shall be valid for not more than ninety (90) consecutive days and not more than one (1) permit shall be granted per business per calendar year (January 1-December 31).  Before a permit is granted, the applicant shall submit, in addition to the requirements outlined in Section 8.6.3, written documentation from the property owner or landlord permitting such use, disclose the nature and condition of all materials intended to be stored within the container, and provide a copy of the manufacturer's specification sheet for the containers.
            3).     The temporary storage containers shall be located to the side or rear of the associated principal building(s) upon a graded surface of concrete, asphalt, or gravel and in such a manner that they are appropriately screened, as by a berm, other landscaping/planting, or fencing, or are not visible from adjacent first floor residential areas, public rights-of-way, and customer entryways or primary customer parking area.
            4).     Containers shall not be located in the primary customer parking area, as determined by the Zoning Administrator.
            5).     Containers shall not encroach upon spaces necessary to satisfy the minimum parking requirement, as outlined in Article 10, nor shall they block, impede, or divert traffic in or access to emergency, snow removal, circulation and fire lanes.
            6).     The exterior of the storage containers shall be kept free of rust, holes, dents, or other corrosion and shall be painted or otherwise maintained such that they are consistent with the character of adjacent buildings, and secured at all times.
            7).     Containers shall not be stacked upon one another and shall be located an appropriate distance from all structures, in accordance with the Fire Code.
            8).      At no time shall the temporary outdoor storage container(s) be used as a place of business or residence, nor shall the container(s) house, store, or contain goods, products, or materials other than those that are accessory and essential to daily on-site use and operation of the principal building or business requesting the temporary use permit.
            9).     The total area of all temporary storage containers shall not exceed five percent (5%) of the total area of the associated permanent structure(s) for the business.  For purposes of calculating the number of storage containers allowed, fractions will be rounded down to the nearest whole number.
           10).     Temporary storage containers must be removed no later than five (5) working days after the expiration of the temporary use permit.
           11).     Failure to meet or maintain any of the regulations outlined above will void the building or business(es)' ability to secure a temporary use permit for temporary storage containers for the next calendar year.
           12).     All permits issued hereunder shall have a commencement date and expiration date consistent with these regulations.
           *(Amended September 17, 2001, Ord. No. 2001-75)

9.         *TEMPORARY OUTDOOR STORAGE CONTAINERS ON RESIDENTIALLY ZONED OR USED PROPERTIES

Temporary outdoor storage containers are permitted on Single-Family, Two-Family and Multi-Family residentially zoned or used property, subject to securing a temporary use permit as defined in Article 8.6.3. In addition, the following regulations apply to such a temporary use permit:


a)     Requirements for Temporary Outdoor Storage Containers on Single-Family, Two-Family and Multi-Family residentially zoned or used properties. 

Prior to the delivery of the Temporary Storage Container, the Applicant shall make application for the placement of the Temporary Storage Container with the Community Development Department per the requirements of Article 8.6.3 of this Ordinance.  In addition to the requirements of Article 8.6.3, the following supplemental information shall be provided as part of the Temporary Use prior to approval of a Temporary Use Permit:


i. The application shall contain the name of the applicant to whom the Temporary Outdoor Storage Container is supplied, whether the person owns, rents, occupies, or controls the property, the name, contact information, and approval of the property owner of record, the property address and county tax pin number at which the Temporary Outdoor Storage Container will be placed, the delivery date, removal date, the company supplying the Temporary Outdoor Storage Container, the length, width and height of the Temporary Outdoor Storage Container, active building permit number, if applicable, a sketch depicting the location and the placement of the Temporary Outdoor Storage Container, the purpose for the Temporary Outdoor Storage Container, and any additional information as requested by the Zoning Administrator to adequately review the proposal for conformity with this ordinance.

ii. The applicant requesting to place a temporary outdoor storage container must reside on or own the property.

iii. The effective date of the application shall be the date of the Community Development Department’s approval.

iv. The size of the containers shall not exceed 8 feet in width, 16 feet in length, and 9 feet in height.

v. The temporary outdoor storage container shall have at least a five (5) foot setback from all property lines.

vi. The temporary outdoor storage container shall be set back ten (10) feet from the principal building. However, such temporary outdoor storage container may be permitted to be located closer than ten (10) feet, but no closer than five (5) feet, subject to review and approval by the Village of Gurnee Fire Prevention Bureau for possible access concerns to single story or multiple story homes or buildings or other fire safety related matters.

vii. The temporary outdoor storage container shall not be permitted in any public right-of-way, in a location that obstructs the view of pedestrian and vehicular traffic entering or exiting a right-of-way, and shall not be located within the site triangle.

viii. The temporary outdoor storage container shall not be permitted on the same property for more than 30 consecutive days.  One (1) extension of time to permit the container for up to 14 additional days may be granted by the Zoning Administrator.  The request for the 14 day extension must be requested by applicant in the form of a letter to the Zoning Administrator.  The letter shall include the number of additional days requested, the reason for the extension and any changes to the location of the container.  The extension letter shall be provided to the Zoning Administrator at least 5 business days before the expiration of the original permit for review. 

ix. The temporary outdoor storage container shall only be permitted on the same property two (2) times per calendar year (January 1 to December 31).  For the purposes of this ordinance, an application which is approved for 30 days and also has an extension granted will be considered as one (1) time on the property. 

x. The temporary outdoor storage container shall not be utilized for the purpose of conducting a business, a home occupation, including, but not limited to, the storage or selling of merchandise.

xi. A temporary outdoor storage container is exempt from the duration restrictions described in Article 8.6.4.9(a)(viii) and Article 8.6.4.9(a)(ix) when placement of such temporary outdoor storage container is associated with an active building permit approved by the Community Development Department.


The temporary outdoor storage container shall only be placed on the property after approval by the Community Development Department of a temporary use permit and building permit.  A temporary outdoor storage container that is placed on the property as part of an approved and active building permit shall be removed from the property within 14 days of final or conditional certificate of occupancy and/or building permits that have been closed out by the Community Development Department, whichever occurs first.


b)       The following restrictions shall apply only to the placement of a temporary outdoor storage container on single-family & two-family residentially zoned or used property:

i. No more than one (1) temporary outdoor storage container shall be allowed on the same property at any time.

ii. The temporary outdoor storage container must be placed on a driveway constructed of an improved hard, dustless surface, generally asphalt, brick pavers, or concrete. In no case shall such containers be located in required landscape areas, open space, stormwater basins, or any other location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and developments.


c)     The following restrictions shall apply only to the placement of a temporary outdoor storage containers on multi-family residentially zoned or used property:

i.. A temporary outdoor storage container may only be placed upon a parking lot constructed of an improved hard, dustless surface, generally asphalt or concrete, provided that the placement of the temporary outdoor storage container does not impeded the flow of traffic or occupy off street parking spaces required per the provisions of Article 10 of the zoning ordinance.

ii. In no case shall such containers be located in required landscape areas, open space, stormwater basins, or any other location that may cause hazardous conditions, constitute a threat to public safety, or create a condition detrimental to surrounding land uses and developments.

*(Amended April 20, 2009, Ord. No. 2009-32)



10. - TENT THEATERS AND TENT MEETINGS

- In any district, a temporary use permit shall be required for a tent or other temporary structure to house religious or cultural functions for a period of not more than thirty (30) days. The tent or other temporary structure shall be removed within three (3) days of completion of the religious or cultural function.


11. - UNLISTED TEMPORARY USES

- Any use not listed as a temporary use or structure which may relate to the provisions of the Temporary Use Regulations of this Section may be permitted as a temporary use if processed using the Similar and Compatible Use procedures of this Ordinance as itemized in Article 13.
 


8.6.5 - CONDITIONS FOR APPROVAL

In addition to the specific regulations and time limits set forth in Section 8.6.4, temporary uses and structures shall be subject to such conditions and restrictions on their location and operation as deemed necessary for the protection of the public interest by the Zoning Administrator. Such conditions and restrictions shall be fully set forth at the time of the issuance of the permit for the temporary use.

 

8.7 - REGULATIONS FOR SPECIFIC USES

8.7.1 - FALLOUT SHELTERS

Fallout shelters are permitted as principal or accessory uses and structures in any district, subject to the yard and lot coverage regulations of the district. These shelters may contain or be contained in other structures or may be constructed separately.

 

8.7.2 - FENCES, WALLS, AND HEDGES*
(*Amended September 22, 2003, Ordinance No. 2003-69; December 19, 2005, Ord. No. 2005-119)

The following regulations shall apply to fences, walls, and hedges to maximize both the safety of persons using sidewalks and streets and the enjoyment and use of the property by occupants:

1. Fence/Wall Permit Required

Anyone wishing to erect or replace a fence or wall within the Village of Gurnee shall obtain a fence or wall permit from the Community Development Department.

2. Line of Sight

A closed fence or wall, or a hedge shall be limited to three (3) feet in height in a location relative to a public or private street, alley, driveway or other means of ingress or egress such that the sight of oncoming vehicular or pedestrian traffic is impaired for users of such ingress and egress (sight triangle). A semi-open fence that does not impair the sight triangle shall be permitted. The sight triangle is formed by the intersection of the street or alley right-of-way, access easement, and/or driveway pavement, and a line joining the points at a distance of thirty-five (35) feet from the point of the intersection if the intersection is formed by streets and/or alleys (public or private) and fifteen (15) feet if the intersection is formed by a street or alley and a driveway. Wherever a right-of-way has an arc, the measured distance begins at a point where the property lines are extended to their intersection. (See Illustrative Exhibit at the end of the Zoning Ordinance.)


3. Residential Regulations

(a) Front Yard

(i) A fence, wall, or hedge located in any front yard shall be limited to three (3) feet in height.

(b) Corner Side Yard

(i) A fence or wall limited to six (6) feet in height, may be located in a corner side yard from the wall of the principal structure closest to the rear yard to the property line to enclose the resulting rear yard (see Illustrative Exhibit at the end of the Zoning Ordinance).
(ii) A semi-open fence or wall limited to four (4) feet in height, or a closed fence, or wall limited to three (3) feet in height, may be located in a corner side yard.

c) Interior Side Yard

(i) A fence or wall, limited to six (6) feet in height, may be located in an interior side yard.

d) Rear Yard

(i) A fence or wall limited to six (6) feet in height, may be located in a rear yard.

e) Other residential regulations

(i) On a reverse corner lot, no closed fence or wall in excess of three (3) feet in height and no semi-open fence or wall in excess of four (4) feet in height, shall be located in a rear or corner side yard abutting the street, except as provided elsewhere in this Chapter.

(ii) On a reverse corner lot, no closed fence or wall in excess of three (3) feet in height and no semi-open fence or wall in excess of four (4) feet in height, shall be located closer to the side or rear lot line abutting the street than a distance equal to two-thirds (2/3rds) the minimum depth required under this Ordinance for the front yard on the adjacent property located to the rear of the subject property.

(iii) Fences or walls that surround outdoor tennis courts may be erected or maintained to a height not to exceed ten (10) feet above grade.

(iv) Fence, wall, or hedge height is measured from the adjacent finished grade to the highest point, except that the posts of a fence or wall may be six (6) inches higher.

(v) When a residential lot abuts railroad tracks or one of the roadways listed below, fences or walls are allowed to a maximum height of 8-feet for other than a front yard condition, which is limited to 6-feet in height. Where fences or walls are in excess of 6-feet in height in the rear yard, 3 feet in height in a front yard, or 4 feet in height in a corner side yard condition, and are adjacent to the roadways listed below, with the exception of Rt. 41, Rt. 120 and I-94, the fence or wall is required to be setback a minimum of 10 feet from the property line to allow for the placement of landscape material on the lot. At the end of two growing seasons, the plantings shall consist of landscape material that will provide a consistent year round coverage of at least 75% of the fence or wall area. A cash bond in an amount equal to $10 per lineal foot of fence or wall to be landscaped shall be posted with the Community Development Department. Said bond shall be returned when the Director of Community Development finds that the landscaping requirements of this paragraph have been met.

Roadways where 8-foot tall fences are allowed:

a. Illinois Rt. 45
b. Illinois Rt. 21
c. Illinois Rt. 132
d. Washington Street
e. Hunt Club Road
f. Rt. 41 (no setback or landscaping requirement)
g. Rt. 120 (no setback or landscaping requirement)
h. I-94 (no setback or landscaping requirement)

(vi) Fence height restrictions shall not apply to a semi-open fence on property greater than one (1) acre, erected to contain a recreational facility to include but not limited to baseball backstops, spectator bleachers, public pools, tennis courts, and like installations. These fences shall be setback from any property line 10-feet. All other properties shall abide by height restrictions as outlined in the ordinance.

(vii) When a residential lot abuts a non-residentially zoned property, the residential lot owner is permitted to erect a 10 (ten) foot tall fence or wall along the property line that abuts such district(s).

(viii) Where there is a through lot, one of the two lot lines abutting public streets shall be designated by the Zoning Administrator as the front lot line, except that when a front line has previously been established on one or more lots located on the same block as a through lot(s) and all have established front lot lines along the same street line, the street line designated as the front lot line of the through lot(s) in such block shall be the front lot line.

For through lots where a front line has previously been established on one or more lots in the same block and all have established front lot lines along the same street line, fences, walls and hedges may be located at the rear property line, as designated by the Zoning Administrator, subject to the provisions for height limitations in the rear yards and line of sight regulations as outlined in this section.

For through lots where a front line has not been previously established on one or more lots in the same block or where all lots have not established front lot lines along the same street line, fences, walls and hedges are required to be setback two-thirds (2/3) the minimum depth required for the front yard on the adjacent property or properties.

(See Illustrative Exhibit at the end of the Zoning Ordinance.)

(ix) Every fence, wall, or hedge shall be maintained in a good and safe condition at all times. Every damaged, dead, or missing element of any fence, wall, or hedge shall be repaired, removed, or replaced immediately.

(x) The following fences and/or walls are prohibited in residential zoning districts:

    1. barbed or razor wire;
    2. above ground electrically charged fences or walls;
    3. snow fences (except for exclusive control of snow between November 1 and April 15 and as authorized by the Zoning Administrator for special events or construction sites);
    4. fences or walls made of solid plywood, scrap lumber, temporary fencing and similar non-customary materials;
    5. fences or walls made of common concrete or cinderblock;
      fences, walls or hedges on any portion of any public right-of-way, except fences erected by a governmental agency;
    6. fences, walls or hedges that interfere with clear vision at or near a public or private street, alley, driveway or other means of ingress or egress such that the sight of oncoming vehicular or
    7. pedestrian traffic is impaired for users of such ingress and egress; and
    8. fences, walls, or hedges so constructed or planted as to prevent natural water drainage and/or water runoff.

4. Non-Residential Regulations

a) Front Yard

(i) A fence, wall, or hedge located in any front yard shall be limited to three (3) feet in height.

b) Corner Side Yard

(i) A fence or wall, limited to eight (8) feet in height, may be located in a corner side yard from the wall of the principal structure closest to the rear yard to the property line to enclose the resulting rear yard (see Illustrative Exhibit at the end of the Zoning Ordinance).
(ii) A semi-open fence or wall, limited to four (4) feet in height, or a closed fence or wall limited to three(3) feet in height, may be located in a corner side.

c) Interior Side Yard

(i) A fence or wall, limited to ten (10) feet in height, may be located in an interior side yard.

d) Rear Yard

(i) A fence or wall, limited to ten (10) feet in height, may be located in a rear yard.

e) Other non-residential regulations:

(i) On a reverse corner lot, no closed fence or wall in excess of three (3) feet in height and no semi-open fence or wall in excess of four (4) feet in height, shall be located in a rear or corner side yard abutting a street, except as provided elsewhere in this Chapter.

(ii) On a reverse corner lot, a closed fence or wall in excess of three (3) feet in height and a semi-open fence or wall in excess of four (4) feet in height shall be located no closer to the side or rear lot line abutting the street than a distance equal to two-thirds (2/3rds) the minimum depth required under this Ordinance for the front yard on the adjacent property located to the rear of the subject property.

(iii) The maximum height of a fence or wall in any non-residential zoning district is ten (10) feet measured from grade, unless something different is specifically approved with a special use permit or annexation/PUD agreement.

(iv) Fence, wall or hedge height is measured from the adjacent finished grade to the highest point, except that the posts of a fence or wall may be six (6) inches higher.

(v) Fences or walls surrounding automobile salvage yards shall be no less than eight (8) feet in height nor more than ten (10) feet in height above the ground level, shall be opaque in nature, and are subject to the applicable setback regulations of this section unless something different is specifically approved with a special use permit.

(vi) Fence height restrictions shall not apply to a semi-open fence on property greater than one (1) acre, erected to contain a recreational facility to include but not limited to baseball backstops, spectator bleachers, public pools, tennis courts, and like installations. These fences shall be setback from any property line 10-feet. All other properties shall abide by height restrictions as outlined in the ordinance.

(vii) Where there is a through lot, one of the two lot lines abutting public streets shall be designated by the Zoning Administrator as the front lot line, except that when a front line has previously been established on one or more lots located on the same block as a through lot(s) and all have established front lot lines along the same street line, the street line designated as the front lot line of the through lot(s) in such block shall be the front lot line.

For through lots where a front line has previously been established on one or more lots in the same block and all have established front lot lines along the same street line, fences, walls and hedges may be located at the rear property line, as designated by the Zoning Administrator, subject to the provisions for height limitations in the rear yards and line of sight regulations as outlined in this section.

For through lots where a front line has not been previously established on one or more lots in the same block or where all lots have not established front lot lines along the same street line, fences, walls and hedges are required to be setback two-thirds (2/3) the minimum depth required for the front yard on the adjacent property or properties.

(See Illustrative Exhibit at the end of the Zoning Ordinance.)

(viii) Every fence, wall, or hedge shall be maintained in a good and safe condition at all times. Every damaged, dead, or missing element of any fence, wall or hedge shall be repaired or replaced immediately.

(ix) Barbed or razor wire fences or walls are permitted as long as the barbed or razor wire is not located along a public sidewalk and the barbed or razor wire is more than 6-feet above finished grade.

(x) Above ground electrically charged fences and/or walls require a special use permit, in accordance with Article 13, Section 13.7.2 and may not be located along or near a public sidewalk.

(xi) The following fences and/or walls are prohibited in non-residential zoning districts:

1) snow fences (except for exclusive control of snow between November 1 and April 15 and as authorized by the Zoning Administrator for special events or construction sites);
2) fences made of solid plywood, scrap lumber, temporary fencing and similar non-customary materials;
3) fences made of common concrete or cinderblock;
4) fences, walls, or hedges on any portion of any public right-of-way, except fences erected by a governmental agency;
5) fences, walls or hedges that interfere with clear vision at or near a public or private street, alley, driveway or other means of ingress or egress such that the sight of oncoming vehicular or pedestrian traffic is impaired for users of such ingress and egress; and
6) fences, walls, or hedges so constructed or planted as to prevent natural water drainage and/or water runoff.

5. Non-Conforming Fences and Walls

a) Authority to Continue. Except as provided below in Section 5e (damage and destruction) any nonconforming fence or wall may be continued so long as it otherwise remains lawful, subject to the regulations of this section (non-conforming fences).

b) Ordinary Repair and Maintenance. Normal maintenance and incidental repair may be performed on any nonconforming fence or wall; provided, however, that any repair shall, whenever possible, eliminate or reduce any non-conformity in the element being repaired and provided further, however, that this shall not be deemed to authorize any violation of this section (non-conforming fences and walls).

c) Alteration; Enlargement; Moving. No non-conforming fence or wall shall be changed or altered in any manner that would increase the degree of its nonconformity, be enlarged or expanded, be structurally altered to prolong its useful life, or be moved in whole or in part to any other location where it would remain non-conforming.

d) Change of Fence or Wall. A non-conforming fence or wall that has been changed to eliminate its nonconformity or any element of its nonconformity shall not thereafter be changed to restore such non-conformity or non-conforming element.

e) Damage or Destruction. Any non-conforming fence or wall, or any non-conforming element of a fence or wall capable of change or discontinuance separate from other elements of the fence or wall, damaged, destroyed or deteriorated by any means to the extent of thirty-five percent (35%) or more of its replacement cost new shall not be restored but shall be removed or brought into conformity with the provisions of this Code.

f) Termination of Certain Fences or Walls. The following nonconforming fences or walls shall be removed immediately or altered immediately to eliminate every non-conformity:

(i) Barbed Wire and Electrical Fences. All non-conforming barbed wire fences and fences or walls with electrical elements.

(ii) Dilapidated Fences or Walls. Each non-conforming fence or wall that is dilapidated or deteriorated to the extent that the replacement of fifty percent (50%) or more of the load bearing elements of the fence or wall is required.

(iii) Public Health, Safety, and Welfare. Every nonconforming fence, wall, or hedge that poses a threat to the health, safety, or welfare of any person or of the public.

 

8.7.3 - DISABLED MOTOR VEHICLES

Disabled motor vehicles may be kept on private property only when in a fully enclosed structure except:

1. - For a period not to exceed six (6) months while the disabled motor vehicle is being actively worked upon.

2. - When located in an automotive salvage yard.
 

8.7.4 - MOBILE HOMES AND MOBILE HOME PARKS

The following regulations shall apply to mobile homes and mobile home parks to maximize the health, welfare, and safety of Village residences.

1. - ACCESSORY BUILDING

- A mobile home shall not be permissible as an accessory building.

2. - MOBILE HOME PARK

- No person shall park, store, or occupy a mobile home for living purposes except in an approved mobile home park, provided that public or private sewer and water facilities are available for each mobile home site, and that each existing mobile home site contains a minimum of six thousand (6,000) square feet of lot area.

3. - NON-RESIDENTIAL USE

- 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. A temporary use permit is required for such use.

4. - TEMPORARY RESIDENCE

- A mobile home may not be used as a temporary residence.


 

*8.7.5 - SWIMMING POOLS AND HOT TUBS

Private swimming pools and hot tubs are permitted in any zoning district in which a residential use is allowed as an accessory use subject to compliance with the following:

1. - Private swimming pools and hot tubs shall be operated for the exclusive use of residents of the zoning lot upon which said swimming pool or hot tub is to be located and their invited guests. No private swimming pool or hot tub shall be operated as a business or private club.

2. - No private swimming pool or hot tub or part thereof, including but no limited to aprons, walks, integral to the pool, shall protrude into any required front or side yard or be located closer than ten (10) feet from a rear lot line or protrude into any easement. Exception: Kickers for an oval pool may come closer as long as the pool conforms to the above restrictions and does not protrude into any easements.

3. - All swimming pools, hot tubs, and spas shall be provided with an approved barrier a minimum of four (4) feet in height, except pools less than twenty-four (24) inches deep or having a surface area less than 250 square feet, provided such pools do not have a water recirculating system or involve structural materials.*

4. - Private swimming pools and hot tubs as detached accessory structures should conform to the provisions of Section 8.5.4 of the Zoning Ordinance in regard to separation from the principal building; however, pools and hot tubs may be permitted to be located closer than ten (10) feet, but no closer than five (5) feet, to the principal building, subject to review by the Village of Gurnee Fire Prevention Bureau for possible access concerns to single story or multiple story homes or buildings or other fire safety related matters.*
(*Amended May 18, 1998, Ord. No. 98-59)

 

8.7.6 - TENNIS COURTS

Private tennis courts are permitted in any zoning district in which a residential use is allowed as an accessory use subject to compliance with the following:

1. - Private tennis courts shall be operated for the exclusive use of residents of the zoning lot upon which said tennis court is to be located and their invited guests. No private tennis court shall be operated as a private business or club.

2. - No private tennis court of part thereof, including but no limited to aprons, walks, and equipment rooms, shall protrude into any required yard.

3. - Private outdoor tennis courts may be completely or partially surrounded by a fence or wall to a height not exceeding ten (10) feet above the established ground level adjacent to the tennis court in accordance with the applicable provisions of Section 8.7.1.

 

8.7.7 - TENTS

Except as otherwise provided herein under temporary uses, tents shall not be erected, used, or maintained on a zoning lot except such tents as are customarily used for recreational purposes and then not as living quarters. Such recreational tents shall be located on the same lot as a dwelling and shall not be allowed within the required front or side yard. All uses of tents other than recreational shall be regulated as temporary uses in accordance with Section 8.6.


 

*8.7.8 - OUTDOOR TABLES OR SEATING AREAS ACCESSORY TO RESTAURANTS OR FOOD SERVICE USES

The following regulations shall apply to outdoor tables and seating areas accessory to restaurants or food service uses:

1. - An outdoor table or seating area shall only be allowed as a permitted accessory use under the following conditions:
a. - The restaurant prohibits serving alcoholic beverages.
b. - The restaurant service is provided only within the enclosed building, but patrons may choose to carry their food and/or drink to the outside table or seating area.
c. - The outside table or seating area is located completely within the required setback areas for the zoning district in which it is located.
d. - A permit has been obtained either with the original building permit or by a subsequent permit, that included the review of the parking provided for the principal use to assure that no additional parking is required for the outdoor table or seating area.
e. - If any of the items under Section 8.7.8.2 (special accessory use) are applicable to a permitted accessory use and substantially alter the nature and intensity of the permitted accessory use, then the special use procedure outlined in Section 8.7.8.2 shall be followed.


2. - An outdoor table or seating area may be allowed as a special accessory use subject to the issuance of a special use permit in accordance with the provisions of Article 13. In addition to the requirements for Special Uses as provided by Article 13, the following shall also apply:
a. - The size of the outdoor table or seating area shall not be larger than fifty (50) percent of the gross area of the principal use to which it is accessory.
b. - No additional or separate kitchen or foot preparation area shall be provided other than the facilities for the principal use.
c. - As a part of the special accessory use request, information must be submitted by the applicant concerning any proposed fencing or screening with the architectural character of the principal building, adjacent buildings and the over all use of the site, including parking areas and landscaping will be considered.
d. - If alcoholic beverages are permitted with the principal use, then normal entry and exit to the outdoor table or seating area shall be from inside the principal building only and clear visibility into the area must be provided as recommended by the Gurnee Police Department, and approved by the Village Board.
e. - A site plan must be submitted, indicating the setbacks from all property lines for the outdoor table or seating area. Setbacks should conform to the required setbacks for the zoning district where the use is to be located. As a part of the Special Use, the Village may grant departures from these setbacks if the Village finds that acceptable screening is specifically included as a part of the Special Use.
f. - A seating plan must also be submitted along with the proposed surface area for the facility. The seating plan shall be reviewed by the Gurnee Fire Department for recommendations on emergency access. The surface area for the facility should generally be a hard surface area. The specific surface will again be reviewed for compatibility with the architectural character of the principal use and adjacent uses before any action is taken by the Village. Any lumber used must be of fire retardent quality and rot protected.
g. - Music or sound systems for the outdoor area are generally prohibited, unless specifically approved as a part of the special use, based on specific information submitted by the applicant on the specific speakers or sound systems to be used.
h. - A lighting plan for the outdoor area must be submitted as a part of the Special Use request for action by the Village. Illumination must be compatible with adjacent uses.
i. - The proposed hours of operation for the outdoor area must be submitted as a part of the Special Use request for action by the Village.
j. - A refuse disposal plan must be submitted as a part of the special use request for action by the Village. At a minimum, the plan should indicate the type and locations of refuse receptacles and the method for maintaining the area. If the plan provides for customers to clean-up after themselves, then a specified periodic cleaning schedule by employees must also be provided.
k. - Based on the information submitted for the Special Use, the Village shall review the parking conditions for the principal use to determine if any additional parking would be required as a result of the addition of the special accessory use for the outdoor tables or seating area. If the Village finds that additional parking is required, then these requirements may be included in the actions for the special accessory use.
l. - A storage plan shall also be provided as a part of the Special Use request. At a minimum, this plan shall indicate where any tables, seating, umbrellas or similar furniture or facilities will be stored during times of the year when the outdoor area may not be in use.
m. - Signage is to generally be included in the normal signage for the principal use. Particular signage for the special accessory use must be submitted as a part of the special use request for actions by the Village.
n. - Detail plans of any roof or canopy structures proposed to be used shall be provided for review.
(*Amended April 17, 1989, Ord. No. 89-42)

 

8.8 - EXEMPTIONS

8.8.1 - PUBLIC UTILITY EXEMPTION

 The following uses are permitted in any district; poles, towers, wires, cables, conduits, vaults, pipe lines, laterals, or any other similar distributing equipment of a public utility. This section shall not apply to any type of *Wind Energy System or **Solar Energy System as defined in this ordinance. (*Amended November 1, 2010, Ord. No. 2010-96). (**Amended June 20, 2011, Ord. No. 2011-46).



8.8.2 - UNDERGROUND INSTALLATIONS EXEMPTION

Pipe lines and other underground installations, to the extent that the same are completely buried beneath the surface of the soil, are exempt from the requirements of this Ordinance, provided that any incidental or associated structures, installations, or equipments, except markers, used in connection with such pipe lines or other underground installations, and which protrude or are extended above the surface of the soil, shall, to the extent of such protrusion or extrusion, be subject to all of the applicable provisions thereof. 

 

8.8.3 - ACCESSORY FARM BUILDINGS

All accessory farm buildings, with the exception of roadside stands, may be erected without obtaining approval of the Village, provided that:

1. - The property upon which the building is constructed is in conformance with all provisions of this Ordinance.

2. - The principal use of the property upon which the building is constructed is agriculture.

3. - The Zoning Administrator verifies that the structure to be built will be used only for agricultural purposes.

Roadside stands existing on the date of adoption of the Ordinance are exempted from compliance with the applicable side and structure provisions as stated in this Ordinance. New, relocated, or enlarged roadside stands shall comply with all applicable site and structure provisions.

 

Pipe lines and other underground installations, to the extent that the same are completely buried beneath the surface of the soil, are exempt from the requirements of this Ordinance, provided that any incidental or associated structures, installations, or equipments, except markers, used in connection with such pipe lines or other underground installations, and which protrude or are extended above the surface of the soil, shall, to the extent of such protrusion or extension, be subject to all of the applicable provisions thereof.
 
The following uses are permitted in any district; poles, towers, wires, cables, conduits, vaults, pipe lines, laterals, or any other similar distributing equipment of a public utility. This section shall not apply to any type of Wind Energy System as defined in this ordinance. (*Amended November 1, 2010, Ord. No. 2010-96).

*8.9 - FLOOD PLAIN REGULATIONS

Section 8.9, Flood Plain Regulations, is hereby deleted by Village Ordinance 80-51, an Ordinance regulating development in Special Flood Hazard Areas within the Village of Gurnee - published in pamphlet form on November 17, 1980. Pages 206 through 213 are reserved for future use.
(*Amended November 17, 1980, Ord. No. 80-51)
 

8.10 - CLUSTERING OF RESIDENCES

8.10.1 - PURPOSE

In order to preserve existing site amenities such as lakes, natural vegetation, rolling terrain, and scenic vistas, the clustering of residential structures may be allowed in any single-family or other residential zoning district as a special use. Innovative design of residential properties is encouraged using this "cluster provision."
 

8.10.3 - STANDARDS AND REQUIREMENTS

Variations to normal setback, yard, lot, area, and lot width requirements may be granted for a cluster residential development, provided that:

a. - The maximum density allowed within the zoning district--as determined by dividing that district's lot area requirement into the size of the subject parcel and deducting twenty (20) percent from the result (for internal thoroughfares)--is not exceeded;
b. - The building type(s) normally permitted within the particular zoning district. (For example, multiple-family residences are not allowed in single-family classifications);
c. - The site subject to cluster residence approval contains at least five (5) acres of land area;
d. - Any portion of the site not occupied by cluster residences is utilized only as open space, recreation space, or for thoroughfares; and
e. - The applicant submit eight (8) copies of a cluster plan for residential development. Said cluster plan shall be sufficiently dimensioned and detailed to enable perception of the number and dimension of lots. In addition, information shall be submitted indicating topography of the site at one (1) foot intervals; natural drainage patters affecting the property, surrounding uses, zoning, and improvements; availability of utilities; natural vegetation existing on the site; bedroom counts; unit types and floor areas; any and other information requested by the Plan Commission, Zoning Board of Appeals or Village board at their respective hearings on the petition.

 

8.11 - MISCELLANEOUS

8.11.1 - ADEQUATE ACCESS

Each lot shall have direct access to an improved, approved street.
 

8.11.2 - LANDSCAPING

All commercially and industrially zoned properties shall be landscaped in accordance with the following. This landscaping provision is the minimum requirement and landscaping in excess of the minimum is strongly encouraged.

a. - All lot area not consumed by building coverage, parking and access drives, private roads, walkways, or permitted outdoor storage, shall remain open to the sky and shall, at a minimum, be sodded or seeded.
b. - Berms, tree plantings and/or shrubbery may be required to be placed on commercial or industrial sites in instances when such sites, in the opinion of the Village Board of Trustees, acting upon the recommendation of the Plan Commission or Zoning Board of Appeals, should be adequately buffered from adjoining commercial or residential sites.
c. - The Village Board may require that properties be landscaped and maintained in a reasonable fashion, consistent with the public health, safety, and general welfare.



8.12 EXTERIOR LIGHTING

8.12.1 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 and non-residential zoning districts.

8.12.2 DEFINITIONS

a) Canopy: Any overhanging shelter or shade or other protective structure constructed in such a manner as to allow pedestrians or vehicles to pass underneath.

b) 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.

c) 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.

d) Exterior Lighting: The illumination of an outside area or object by any man-made device that produces light by any means.

e) Fixture: The assembly that houses the lamp or lamps and can include 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.

f) Flood or Spot Light: 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.

g) Footcandle (FC): A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) standard candle.

h) Footcandle - Horizontal Measurement (HFC): The measurement of footcandles utilizing a direct reading, portable light meter mounted in the horizontal position.

i) Footcandle - Vertical Measurement (VFC): The measurement of footcandles utilizing a direct reading, portable light meter mounted in the vertical position.

j) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewers' ability to see, cause discomfort and, in extreme cases, cause momentary blindness.

k) Height of Luminaire including total height: The height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire. The total height shall be the height of the pole, including the base and any mounting arms or other attachments to which the luminaire is attached, 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 luminaire, whichever the case may be. (See Figure B)

l) 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 luminaires including all wiring, circuitry, and other devices installed to create exterior lighting.

m) Lamp: The component of a luminaire that produces the actual light.

n) Lamp wattage: the amount of power of a lamp expressed in watts.

o) Light, Direct: Light emitted directly from the lamp, off a reflector or reflector diffuser, or through the refractor or diffuser lens of a luminaire.

p) Light, Indirect: Direct light that has been reflected or has scattered off of other surfaces.

q) 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.)

r) Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.

s) Lumen: A unit of luminous flux. One footcandle 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.

t) Luminaire: A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts. (See Figure A for examples of luminaires with and without cutoffs.)

u) Luminaire, Cutoff Type: A luminaire containing elements such as shields, reflectors, or refractor panels that direct and cutoff a direct view of the light source at a cutoff angle.

v) Operating Hours: The period of time from one hour prior to opening to one hour after closing of a non-residential establishment.

w) Security Hours: The period of time from one hour after closing to one hour prior to opening of a non-residential establishment.

x) Temporary Exterior Lighting: The specific illumination of an outside area or object by any man-made device that produces light by any means, consistent with the requirement for Temporary Uses in Section 8.6.

 

8.12.3 REGULATIONS:

All public and private exterior lighting installed in the Village of Gurnee shall be in conformance with the requirements established by this Section.

 
 
8.12.4 PROCEDURE

a) Lighting Plan Required

A lighting plan is required for all non-residential uses in residential family zoning districts, multiple family developments other than duplexes, commercial, industrial, institutional, and public uses including uses developed by other units of local government.

At the time any exterior lighting is installed or substantially modified, a lighting plan shall be submitted to the Office of the Zoning Administrator in order to determine whether the requirements of this Section have been met. A lighting plan shall be required for all special uses, planned unit developments, and requests for variations from the standards imposed in this Section.

Where a lighting plan is required, said plan shall include the following:

1. A site plan showing pole locations, building mounted lights, bollard lights with schematic wiring layout and power source connection;

2. Specifications for luminaires and lamp types, poles, wiring, conduit and appurtenant construction including photographs or drawings of proposed luminaires;

3. Pole, luminaire, and foundation details including pole height, height of building mounted lights, mounting height and height of the luminaire;

4. Elevations of the site including buildings, luminaires and other structures sufficient to determine the total cutoff angle of all luminaires and their relationship to abutting parcels;

5. Lamp wattage of all luminaires proposed;

6. Photometric plans which shows the footcandle - horizontal measurement internal to the site and at the property lines and the footcandle - vertical measurement at the property lines only. (Footcandle - horizontal measurements shall be taken along a horizontal plane at a height of three and one-half (3.5) feet above the ground. Footcandle - vertical measurement shall be taken at a minimum height of three and one-half (3.5) feet above the ground but shall also be required at any height along a vertical plane at a property boundary pursuant to the direction of the Zoning Administrator.) Photometric plans shall be based on a light loss factor of 1.0.

7. Other information and data reasonably necessary to evaluate the required lighting plan pursuant to the request of the Office of the Zoning Administrator.

 

8.12.5 MEASURING LIGHT LEVELS

a) Metering Equipment

Light levels of both direct and indirect light shall be measured in footcandles 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.

b) Method of Measurement

Footcandle - horizontal measurements shall be taken along a horizontal plane at a height of three and one-half (3.5) feet above the ground. Footcandle - vertical measurement shall be taken at a minimum height of three and one-half (3.5) feet above the ground but may also be required at any height along a vertical plane at a property boundary pursuant to the direction of the Zoning Administrator.

 

8.12.6 STANDARDS AND REQUIREMENTS

a) Tables 1 and 2

The standards and requirements set forth in Tables 1 and 2 shall regulate and govern the use of, design of, construction or modification of any lighting system for the purpose of illuminating exterior areas including, but not limited to, signs, parking areas, buildings, landscaping, porches, and driveways.

Table 1 sets forth whether the proposed wattage of a luminaire is permitted, not permitted or a special use. In residential zoning districts, whether a specified wattage is permitted or not permitted is based on the width of the street right-of-way abutting the proposed luminaire. In non-residential zoning districts, the permitted wattage of proposed exterior lighting is based on whether the lighting is internal or external on the parcel, and if external (abutting a residential zoning district or street right-of-way) the setback of the proposed lighting from the property line/street right-of-way.

Uses permitted by right may be approved by the Office of the Zoning Administrator pending a review of the documents submitted which meet the requirements of this Section. Uses or lighting plans which require a special use permit shall meet the requirements for special uses set forth in Section 13.11 which provide for a public hearing held by the Plan Commission and approval by the Village Board of Trustees. Lighting plans which require a variation shall have to be approved for both a special use permit with the requirements set forth in Section Section 13.11 and a variation with the requirements set forth in Section 13.9. To secure a variation, public hearings are required by both the Plan Commission for the special use permit and Zoning Board of Appeals for the variation with approval of both by the Village Board of Trustees.

Table 2 sets forth the maximum allowable footcandles to be measured both at a property line and internal to a non-residential property. The standards consider the nature of the land uses, the nature of the abutting land uses, and whether for a non-residential use the time period is during hours of operation or security hours. Maximum footcandles allowable are set for lighting internal to the property in question.

b) Total Height and Height of Luminaire (See definition for Height of Luminaire and Total Height and Figure B)

The difference between total height and the height of the luminaire shall not exceed 4 feet.

c) Standards for Luminaire With Cutoffs (See Definitions and Figure C attached)

1. Cutoff Angle
To be considered a cutoff luminaire, the cutoff angle shall be 75 Degrees or less.

2. Height
The maximum height of a cutoff luminaire, either freestanding or attached to a building or other structure, is twenty-five (25) feet as a permitted use. A luminaire greater than twenty-five (25) feet shall require special use permit approval.

3. Control of Glare
A cutoff luminaire shall be designed to completely shield the light source from an observer three and one-half (3.5) feet above the ground at any point along an abutting property line.

d) Standards for Luminaire With No Cutoffs (See Definitions and Figure D attached)

1. Cutoff Angle
A luminaire shall be considered to have no cutoff if it is unshielded or has a cutoff angle greater than 75 degrees.

2. Height
The maximum permitted height of a luminaire with no cutoff or with a cutoff greater than 75 degrees, which provides illumination along a property line, shall be less than the value 3 feet + (D/3), where D is the distance in feet to the nearest property line but in no case shall exceed 16 feet. The formula used herein for determining height of the luminaire does not preclude any luminaire or lighting system from meeting the footcandle performance standards set forth in Table 2.

3. Control of Glare
Any luminaire designed with no cutoff, or a cutoff angle greater than 75 degrees shall be designed such that the lamp utilized is no more than 100 watts or rated for more than 10,000 lumens, whichever is less. The standards for maximum footcandles internal and at the property line, set forth in Table 2, are still applicable. For the footcandes - vertical measurement, the measurements shall be taken not less than three and one-half (3.5) feet above the ground line in a vertical position and vertical readings at heights greater than three and one-half (3.5) feet may be required pursuant to the direction of the Zoning Administrator. The standards for vertical footcandles, set forth in Table 2 are applicable along the entire vertical plane along a property line.

e) Standards for Luminaires Under a Canopy (for non-residential uses)
Luminaires mounted to the underside of a canopy, which provide overhead illumination, shall be recessed such that no part of the luminaire or the lamp shall extend below the exterior edge of the canopy.

 

8.12.7 EXCEPTIONS

a) Public Roadway Lighting
Luminaires 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.

b) Emergency Lighting
All temporary emergency lighting needed by the Police or Fire Departments or other emergency services, as well as all vehicular luminaires, shall be exempt from the requirements of this Section.

c) Recreational Facilities
Because of their unique requirements for nighttime visibility and their limited hours of operation, outdoor recreational facilities (public or private) such as, but not limited to, football fields, soccer fields, baseball fields, softball fields, tennis courts, golf driving ranges, show areas and other similar uses as may be determined by the office of the Zoning Administrator are exempted from certain illumination and other standards as follows:

1. The uses set forth herein are specifically exempted from the maximum footcandle requirements - internal to the site as outlined and established in Table 2. These uses are required to submit a lighting plan and shall be processed as special uses under the procedures in Section 13.11. These uses shall seek to meet the requirements for maximum footcandles at the property line or apply for variations if they are unable to meet those requirements.

2. The uses set forth herein shall be exempt from the height requirements as set forth in this Section. The Plan Commission and Village Board shall review the proposed pole heights during the special use permit review process.

d) Temporary Uses
Certain temporary uses may be unable to meet the requirements of this section and the standards set forth in Tables 1 and 2. These temporary uses may be permitted subject to the requirements of Section 8.6 and the approval of the Zoning Administrator. The applicant for a temporary use may be required to submit the documentation required under Section 8.12.4 herein as a part of the application for a Temporary Use Permit.

8.12.8: PROHIBITED LIGHTS

a) Flickering or Flashing Lights
The Village 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.

b) Searchlight and Laser Source Lights
No searchlights, laser source lights, or any similar high intensity light shall be permitted.

c) Mercury Vapor Lamps
No lamps utilizing mercury vapor shall be permitted.
 

 

8.12.9: NON-CONFORMING USES

a) Luminaires 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 non-conforming uses.

b) Legal non-conforming luminaires that meet the performance standards for footcandle 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 unless they are part of an illumination system that is to be changed as follows:

1. Illumination systems developed as part of a Planned Unit Development, Special Use, Annexation Agreement, Variation or other specific Village approval which, as of the date of these regulations, have an approved lighting plan and meet the performance criteria of their specific agreements but do not meet the requirements of this Section shall be considered legal non-conforming uses and shall be brought into conformity with the criteria and standards set forth herein when the illumination system is to be completely replaced.

2. Legal non-conforming illumination systems which were not part of a specific Village approved lighting plan shall be brought into conformity with the criteria and standards set forth herein when the illumination system is to be replaced or modified to greater than 50 percent of its replacement value, based on the total project implementation cost. The elements for calculating the value of the illumination system are set forth in Section 8.12.10.b3.

3. The value of the illumination system shall include the total value of the physical improvements such as luminaires, lamps, poles, wiring, and other elements and shall also include the value of the site area improvements where the luminaires and supporting elements are located such as parking lots, loading areas, aisles, driveways, sidewalks, landscaped areas and others. Total replacement cost shall include the design costs for the illumination system, material costs for the system elements, and the total construction cost to install the system.

4. Legal non-conforming luminaires that exceed the footcandle standards set forth in Table 2 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 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.

 

8.12.10: SPECIAL USES AND VARIATIONS

a. Special Use Permits
To receive a special use permit, a proposed lighting plan must meet the requirements of Section 13.11 herein.

b. Variations
A lighting proposal requiring a variation shall also be required to secure a special use permit. If a special use permit and a variation are required, the Plan Commission and Zoning Board of Appeals may hold a joint public hearing to consider the application for a variation in conjunction with the application for a special use permit. If a joint public hearing is not possible, the protocol shall be that the Plan Commission should first hold a public hearing on the special use communicate its findings to the Zoning Board of Appeals. Thereafter, the Zoning Board of Appeals shall consider the application for a variation. After both hearings have been held, the recommendations of both bodies shall be submitted to the Village Board for its' consideration.

 

*8.13 COMMUNITY RESIDENCE REQUIREMENTS

The applicant must obtain a Certificate of Occupancy prior to establishing a family community residence. No dwelling unit shall be occupied as a family community residence, until a Certificate of Occupancy has been issued by the Building Commissioner. No Certificate of Occupancy shall be issued for a community residence unless:

a) The applicant demonstrates that the proposed community residence or operator has been licensed or certified by the State of Illinois prior to, or within 60 days of receiving a Certificate of Occupancy; and

b) The community residence is located at least 1,320 feet from any existing community residence, as measured from lot line to lot line, except when a special use permit is issued to allow a community residence to locate closer than 1,320 feet to an existing community residence; and

c) It is demonstrated that zoning lot meets off-street parking requirements for permitted residential uses in the zoning district (including the requirement that off-street parking be provided for staff based upon the maximum number of staff of the premises at any one time whether or duty of residing therein); and

d) First preference for occupancy in the home is accorded to persons who currently reside in the Village or are children or parents of persons who reside in the Village, through the submission of a written policy statement, to the extent permissible under applicable state and federal laws and regulations.

The Building Commissioner may revoke a Certificate of Occupancy for a community residence if its license or certificate, or the operator's license or certificate to operate community residences, is revoked or if the operator fails to provide the Village with a copy of its license renewal application.
(*Amended April 3, 2000, per Ord. No. 2000-40)

 

8.14 - PERSONAL WIRELESS SERVICE FACILITIES

8.14.1 PURPOSE

The general purpose of these provisions is to regulate the placement, construction and modification of personal wireless service facilities to appropriate locations in the Village while at the same time not unreasonably interfering with the development of the competitive marketplace for personal wireless services. Numerous existing buildings and structures of significant height are geographically dispersed throughout the Village and with specific limitations are appropriate locations for such facilities as Permitted Uses. These same existing buildings and structures may also be appropriate locations for such facilities where the specific limitations may need to be exceeded, but only as a Special Use and subject to the Standards for Special Uses and the regulations of this Section. Locating personal wireless services facilities on a structure other than an existing building or structure is the least preferred location. In addition to the Standards for a Special Use and the Standards of this Section, a showing and documentation of the non-availability or non-suitability of existing buildings or structures must be provided as part of a Special Use request for other than an existing building or structure.

 

8.14.2 PERMITTED AND SPECIAL USE

Personal wireless service facilities are included in the list of permitted and special uses in certain zoning districts of the Village of Gurnee Zoning Ordinance. A personal wireless service facility shall meet the requirements of the specific zoning district where the use is located except a personal wireless service facilities on an existing building or structure is not subject to separate application of the Schedule of Site and Structure Provisions of each district other that the appropriate application of those standards for the building or structure on which the facility is located as well as applicable Standards for Special Uses and the provisions of this Section 8.14 including the following:

1. PERMITTED USE

A Personal Wireless Service Facility including an antenna may be established as a permitted use in this District when mounted on an existing, legally established, non-residential building or structure (other than on the exterior of a free-standing sign structure) that is greater than forty five (45) feet in height provided that the antenna does not extend more than nine (9) feet above the top of the existing building or structure or not more than (4) feet beyond the sides of the existing building or structure and subject to the limitations for any accessory building or structure that is forty five (45) feet or less in height provided by Section 8.14.3; or on an existing, legally established, non-residential building or structure (other than on the exterior of a free-standing sign structure) that is forty five (45) feet or less in height provided that the antenna does not extend more that four (4) feet above the top of the existing building or structure or more than (2) feet beyond the sides of the existing building or structure and where no separate accessory building is required, and provided the Personal Wireless Service Facility meets the requirements of Section 8.14.3.
 

a. For an existing building forty-five (45) feet or less in height with an existing parapet wall above the roof elevation where the Personal Wireless Service Facility is to be mounted; the Village Board may allow the height above the top of the roof to be increased from four (4) feet to a maximum six (6) feet as a permitted use provided not more that four (4) feet of the Personal Wireless Service Facility may extend above the height of the parapet wall and provided the Personal Wireless Service Facility conforms to the Appearance Compatibility requirements of Section 8.14.3 of this Ordinance.


b. For an existing building greater than forty-five (45) feet in height with an existing parapet wall above the roof elevation where the Personal Wireless Service Facility is to be mounted; the Village Board may allow the height above the top of the roof to be increased from nine (9) feet to a maximum eleven (11) feet as a permitted use provided not more that nine (9) feet of the Personal Wireless Service Facility may extend above the height of the parapet wall and provided the Personal Wireless Service Facility conforms to the Appearance Compatibility requirements of Section 8.14.3 of this Ordinance.


c. In the C/S-1 and C/S-2 Districts only two (2) personal wireless service facilities shall be allowed on an existing building of forty five (45) feet or less as a permitted use. If additional personal wireless service facilities are proposed on the same building they shall be processed as a special use and subject to the provisions for special uses and all other applicable provisions of this Section 8.14.

 


2. SPECIAL USE

a. A Personal Wireless Service Facility including an antenna may be processed as a special use in this District when mounted on an existing, legally established, non-residential building or structure (other than on the exterior of a free-standing sign structure) that exceeds the permitted use standards for this type of facility, subject to the Standards for a Special Use under the Village of Gurnee Zoning Ordinance and subject to the requirements of Section 8.14.4.


b. A Personal Wireless Service Facility including an antenna may be processed as a Special Use in this District when it would be mounted on a building or structure that is not an existing building or structure subject to the Standards for a Special Use under the Village of Gurnee Zoning Ordinance and subject to the requirements of Section 8.14.5 including the Standards for documentation of non-availability or non-suitability of existing, buildings or structures for the proposed facility and service.


3. Lighting of the Personal Wireless Service Facility antenna or equivalent apparatus is not permitted unless required by the FCC (Federal Communication Commission), FAA (Federal Aviation Administration) or other Federal or State Authority. The applicant must present all approved alternatives for lighting under the applicable Federal or State requirements to the Village Board for their selection of one of the approved alternatives.

 

8.14.3 PERMITTED USE APPEARANCE COMPATIBILITY REVIEW BY VILLAGE BOARD

1. The Village Board shall review the proposed personal wireless service facility that meets the requirements for a permitted use in the district in which the subject property is located. The Village Board shall consider the proposed materials and color for the personal wireless service facility including the antenna or equivalent apparatus and any equipment building and related structures, screening and landscaping consistent with the following:

a. That the proposed antenna or equivalent apparatus mounted on the existing building or structure is of a color and material that blends with, or appears compatible with the existing building or structure to such as extent that it is not more obtrusive to the casual observer than the existing building or structure.

b. That for personal wireless service facilities as a permitted use on existing buildings or structures of forty five (45) feet or less, no separate detached building is allowed other than an equipment panel or equipment room that is interior to the existing building or structure. An equipment panel that would be located in an area adjacent to the existing building that is not visible from any property line may be allowed by the Village Board as part of a permitted use.

c. That any ground level equipment or related building shall be architecturally and visually compatible with surrounding existing buildings and structures or those buildings and structures likely to be developed under the underlying zoning district.

1.) The maximum floor area for any related equipment building shall not exceed 300 square feet per service provider or 900 square feet for co-location facilities as a permitted use.

2.) The maximum height for any related equipment building as a permitted use shall not exceed fifteen (15) feet and flat roof appearance are not permitted.

3.) Fencing may be constructed on all sides if necessary for security purposes with decorative fencing of vinyl coated chain link, wood or other decorative material subject to Village Board approval and screened with a mix of evergreen and deciduous trees and shrubs. A combination of landscaping and decorative fencing may also be constructed on less than all sides subject to Village Board approval when the Village Board finds screening is already provided by existing buildings, improvements or conditions.

 

8.14.4 SPECIAL USE REQUESTS ON EXISTING STRUCTURES

1. Personal wireless service facilities on existing structures, which would exceed the requirements of the permitted use provisions, may be processed as an application for review as a special use when listed as a special use in the district where the facility is to be located.

2. In addition to meeting the Standards for Special Use (Section 13.11.6) of the Village of Gurnee Zoning Ordinance the following Standards and Conditions must be met.

a. That the applicant has documented and the Plan Commission finds that the proposed facility cannot be mounted on the existing structure in conformance with the criteria for a permitted use and function adequately within its required service area or that is would interfere with an existing approved permitted or special use for a similar facility that is either co-located on the same building or structure or an adjacent building or structure.

b. That the applicant has documented and the Plan Commission finds that no other existing building or structure in the service area of the proposed facility is available or suitable for mounting of the proposed facility within the criteria of a permitted use under this ordinance. This standard shall be considered with any written documentation provided by the applicant indicating that they have attempted to negotiate in good faith to secure the ability to locate on existing buildings or structures as well as any written responses from such attempts. The Plan Commission shall consider such factors as the costs to adapt an existing building or structure to accommodate the Personal Wireless Service Facility as well as commercially reasonable terms related to proposed rent or other lease or purchase agreement requirements. These commercially reasonable terms may be considered with other co-location facilities in the area or with equivalent cost factors for new facilities.

c. That the applicant has documented and the Plan Commission finds that the increase height or decreased setback for the proposed Personal Wireless Service Facility would not create a condition where the total height and/or total setback relationship would exceed the following.

1.) A setback; height relationship of 1 foot of setback for each 3 feet of height from any abutting property line in a non-residential zoning district.

2.) A setback; height relationship of 1 foot of setback for each 2 feet of height from any abutting property line in a residential zoning district.

3.) This condition does not apply if the existing structure on which the proposed facility is to be mounted already exceeds this setback &endash; height relationship, provided that the facility complies with the overall height limitations for such facilities and the existing setback is not reduced more than 50 percent of the existing setback of the existing structure.

d. That the applicant has documented and the Plan Commission finds that the total overall height of the facility and the existing building or structure on which it is to be mounted will not exceed two hundred (200) feet or 30 percent of the height of the building or structure whichever is lower. Requests for exceptions from this provision would need to apply for both a Special Use and a Variation or Variations under the Gurnee Zoning Ordinance and satisfy all applicable Standards.

e. That the applicant has documented and the Plan Commission finds that the proposed antenna or equivalent apparatus mounted on the existing building or structure is of a color and material that blends with, or appears compatible with the existing structure.

f. That the applicant has documented and the Plan Commission finds that any increased size in floor area or height of any related ground level building or structure beyond that allowed for a permitted use is necessary to accommodate specific service requirements of the service an/or promotes opportunities for co-location of facilities.

1.) That the applicant has documented and the Plan Commission finds that the ground level building or structure shall be architecturally and visually compatible with surrounding existing buildings and structures or those buildings and structures likely to be developed under the underlying zoning.

2.) That the applicant has documented and the Plan Commission finds that additional screening and landscaping beyond what would be required for a permitted use will be provided and designed to address any proposed increases in the size or the height of the ground level building or structures beyond what would be allowed as a permitted use.

3.) Requests for increases in the floor area or height of the ground level building beyond the following shall require applications for both a Special Use and a Variation or Variations under the Gurnee Zoning Ordinance and satisfy all applicable Standards.

a.) The maximum floor area for any related equipment building shall not exceed 500 square feet per service provider or 1200 square feet for co-location facilities as a special use.

b.) The maximum height for any related equipment building shall not exceed 20 feet as a special and while a flat roof appearance is discouraged it may be allowed as a special us if the applicant documents and the Plan Commission finds the request is compatible with surrounding buildings.

 

8.14.5 SPECIAL USE REQUESTS ON OTHER THAN AN EXISTING BUILDING OR STRUCTURE

1. Personal wireless service facilities proposed to be mounted on a structure other than an existing building or structure may be processed as an application for review as a special use when listed as a special use in the district where the facility is to be located.

2. In addition to meeting the Standards for Special Use (Section 13.11.6) of the Village of Gurnee Zoning Ordinance the following Standards and Conditions must also be met.

a. That the applicant has documented and the Plan Commission finds that no other existing building or structure in the service area of the proposed facility is available or suitable for mounting of the proposed facility within the criteria of a permitted or special use under this ordinance to allow the facility to function adequately for the wireless service requirements or where it would interfere with an existing approved permitted or special use for a similar facility on an adjacent building or structure. This standard shall be considered with any written documentation provided by the applicant indicating that they have attempted to negotiate in good faith to secure the ability to locate on existing buildings or structures as well as any written responses from such attempts. The Plan Commission shall consider such factors as the costs to adapt an existing building or structure to accommodate the Personal Wireless Service Facility as well as commercially reasonable terms related to proposed rent or other lease or purchase agreement requirements. These commercially reasonable terms may be considered with other co-location facilities in the area or with equivalent cost factors for new facilities.

b. That the applicant has documented and the Plan Commission finds that the height of the proposed facility is the lowest possible height to allow the facility to function adequately for the wireless service requirements or at the lowest possible height to accommodate co-location.

1.) A setback- height relationship from any abutting property line in a non-residential zoning district as a special use shall consider the activities of the uses on site and on adjacent property including but not limited to vehicular circulation, parking and loading requirements, the existence of any above ground utility poles or wire, existing landscaping, and potential for co-location to assure that the facilities placement will not interfere with these uses and activities.

2.) A minimum setback &endash; height relationship of 1 foot of setback for each 2 feet of height from any abutting property line in a residential zoning district is required as a special use. The potential for increased setbacks from residential uses should be considered as part of the special use review.

3.) Any application that cannot comply with the above setback - height relationship shall require applications for both a Special Use and a Variation or Variations under the Gurnee Zoning Ordinance and satisfy all applicable Standards.

4.) The maximum height for the facility and related structure is 200 feet.

c. That the applicant has documented and the Plan Commission finds that the ground level building or structure shall be architecturally and visually compatible with surrounding existing buildings and structures or those buildings and structures likely to be developed under the underlying zoning.

1.) The maximum floor area, height, fencing and screening requirements for ground level buildings or structures for these facilities as Permitted and Special Uses on Existing Structures (Section 8.14.3 and 8.14.4) shall apply and any exceptions to those Standards will require applications for both a Special Use and Variation or Variations under the Gurnee Zoning Ordinance and will be subject to all applicable standards.

 

8.14.6 INDEPENDENT PROFESSIONAL REVIEW
1. If the Zoning Administrator, Plan Commission or Village Board find that the documentation provided by the applicant requires independent professional review then the Zoning Administrator shall prepare a list that shall be submitted to the Village Board of at least three independent professionals that are qualified to review and comment on the applicants documentation. The Village Board may approve two more independent professionals that the Village Board would find qualified to review and provide professional comments on the applicants documentation. The applicant may select one of the independent professionals identified as acceptable to the Village Board to be retained by the Village with costs of the review and analysis being reimbursed to the Village by the Applicant. If additional independent studies or documentation is deemed appropriate by the applicant or the Village then the costs of the additional studies or documentation shall be the responsibility of the respective party requesting the additional information.


8.14.6 ABANDONMENT AND REMOVAL

When one or more antennas, an antenna support structure, or related equipment are not operated for the provision of personal wireless services for a continuous period of 12 months or more, such antenna, antenna support structure, or related equipment may be deemed to be abandoned by the Village. The owner of such an antenna, antenna support structure, or related equipment shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of personal wireless services use the antenna support structure or related equipment to provide personal wireless services, then the period of non-use under this provision shall be measured from the cessation of operation at the location of such antenna support structure or related equipment by all such providers.

(Amended November 6, 2000, Ord. No. 2000-142)

 

8.15 LARGE WIND ENERGY SYSTEMS (LWES)
 
A LWES shall not be permitted to be constructed on any property or within any zoning district in the Village of Gurnee. Additionally, any proposed wind farm or Large Wind Energy System that produces energy to be sold commercially within 0.5 miles of the corporate boundaries of the Village of Gurnee shall be prohibited.
 
8.16     SMALL WIND ENERGY SYSTEMS (SWES)
 
8.16.1      PURPOSE
The general purpose of the provisions within this ordinance are as follows: to establish reasonable and uniform regulations for the location, installation, operation, maintenance, and decommissioning of Small Wind Energy Systems; to assure that any development and production of wind-generated electricity in the Village of Gurnee is safe and to minimize any potentially adverse effects on the community; to promote the supply of sustainable and renewable energy resources, in support of national, state, and local goals; and to facilitate energy cost savings and economic opportunities for Village of Gurnee residents and businesses.
 
8.16.2 SMALL WIND ENERGY SYSTEM GENERAL REGULATIONS
Building Mounted Wind Energy Systems (BWES) and Tower Mounted Wind Energy Systems (TWES), may be erected or installed only in accordance with this Article of the Village Zoning Ordinance and conform to all State and Federal laws and regulations, as amended from time to time, concerning its use and operation, and shall be further subject to the following standards:
a)      Shall only be permitted as an accessory use to a principal structure and installed primarily for the production and consumption of energy on the parcel upon which it is installed; energy produced in excess of consumption may be sold back to the electric utility service provider that serves the proposed site for use with the existing energy grid.
b)      Shall be installed according to manufacturer specifications and in accordance with all applicable Village of Gurnee codes and Ordinances.
c)      Shall be finished in a neutral color and 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 system and approved by the Village of Gurnee Zoning Administrator.
d)      No SWES shall have any advertising material, writing, picture, or signage other than warning(s), turbine tower identification, or manufacturer or ownership information. This prohibition shall include the attachment of any flag, decorative sign, streamers, pennants, ribbons, spinners or waiving, fluttering or revolving devices, but not including meteorological/weather devices or warning signs. 
e)      All wiring between a SWES and the principal and/or accessory structure shall be underground; however, if the wiring cannot be placed underground it shall be contained within conduit which matches the principal building and shall conform to all Village Codes.
f)        SWES shall not be artificially lighted unless required by the Federal Aviation Administration (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 facility is located.
g)      Shall be maintained in Operational Condition at all times, except for reasonable maintenance and repair outages.
h)      Should a SWES become inoperable, or should any part of the SWES become damaged, or should a SWES violate the ordinance, the Owner shall cease operations immediately and remedy the condition promptly.
i)        The SWES facility shall be equipped with a braking system (i.e., automatic and/or manual braking system).
j)        Maximum Sound Levels for a SWES are as follows:
i.         For adjacent non-participating properties used or zoned for single-family residential, two-family residential or multi-family residential purposes, the average sound level from a SWES shall not exceed fifty-five 55 dB(A) during daytime hours and forty-five (45) dB(A) during nighttime hours at any point as measured at the property line, except as otherwise referenced in section (iii) below.
ii.       For adjacent non-participating properties used or zoned for non-residential purposes the average sound level from a SWES shall not exceed sixty-five (65) dB(A) at any time of the day as measured at the property line, except as otherwise referenced in section (iii) below.
iii.      If the non-operational ambient sound level is greater than the maximum sound levels defined above in section (i) and (ii), this non-operational ambient sound level (dB(A)) shall be the maximum sound level permitted.
iv.     No SWES shall operate with an average sound level more than 5 dB(A) above the non-operational ambient level, as measured at the property line of any neighboring residentially zoned or used property. Additionally, to limit the level of low-frequency sound, the average C-weighted sound level during SWES operations shall not exceed the A-weighted ambient sound level by more than twenty (20) dB.
v.       The Community Development Department may require, at the Owner’s expense, field tests or sound propagation modeling, conducted by or supervised by an acoustics specialist as may be necessary, to determine whether a violation of said sound regulations is occurring or has occurred. The Owner shall promptly remedy any such violations or discontinue operation.
k)      Any additional information and data reasonably necessary to evaluate the conformity of the SWES with the Ordinance pursuant to the request of the Zoning Administrator.
 
8.16.3 BUILDING MOUNTED WIND ENERGY SYSTEM REQUIREMENTS
 
Building Mounted Wind Energy Systems (BWES) may be allowed on property that meets all requirements as defined in the section below and elsewhere in this ordinance. 
 
a)       NUMBER OF BWES PERMITTED
i.         On properties used or zoned for single-family residential or two-family residential purposes:
a)      A maximum of one (1) BWES per dwelling unit shall be permitted to be attached to a principle building. 
b)      A BWES shall not be permitted to be installed on an accessory structure.
c)      Requests for more than one (1) BWES per unit may be allowed following the applicant securing a special use permit per Section 13.11 which shall include the submittal of materials required by Section 8.16.5 below as part of said special use permit application. 
ii.       On properties used or zoned for multi-family residential purposes:
a)      A BWES shall not be permitted to be installed on an accessory structure.
b)      Requests for one (1) or more BWES may be allowed following the applicant securing a special use permit per Section 13.11 which shall include the submittal of materials required by Section 8.16.5 below as part of said special use permit application.
iii.      On properties used or zoned for non-residential purposes:
a)      On buildings with less than 15,000 square feet of total floor area (gross), a maximum of one (1) BWES shall be permitted by right. 
b)      For all other buildings, the total number of BWES permitted by right shall be no greater than one (1) BWES per 10,000 square feet of total floor area (gross) or five (5) total BWES, whichever is less.
c)      When calculating the maximum number of BWES on a building that is greater than or equal to 15,000 square feet, and results in a fraction of a number that is less than 0.5, the maximum number of BWES shall be rounded down to the next whole number. If the same calculation results in a fraction of a number that is greater than or equal to 0.5, then the number of allowable BWES shall be rounded up to the next whole number. [For example purposes, a 24,000 square foot building would calculate to 2.4, which would be rounded down for a total of two (2) BWES on said building.]
d)      If a multi-tenant building is under separate ownership, only those portions of the building square footage under said ownership may be used for calculating the number of BWES permitted, as long as the total number of turbines does not exceed the maximum amount allowed under (b) in this Section for the total .
e)      Requests for a greater number of BWES than is permitted may be allowed following the applicant securing a special use permit per Section 13.11 which shall include the submittal of materials required by Section 8.16.5 below as part of said special use permit application. 
b)      SETBACKS / LOCATION 
i.         On properties used or zoned for single-family residential, two-family residential or multi-family residential purposes:
a)      No portion of a BWES shall be located closer to the property line than the principal building setback as required by the zoning district and shall not project beyond any portion of the front area or corner side area of the principal structure. 
ii.       On properties used or zoned for non-residential purposes:
a)      If attached to a principal building, no portion of a BWES shall be located closer to the property line than the principal building setback and if attached to an accessory building or structure, no portion of a BWES shall be located closer to the property line than the accessory structure setback. 
 
c)      MAXIMUM HEIGHT
 
i.         On properties used or zoned for single-family residential, two-family residential or multi-family residential purposes: 
a)      A BWES shall be permitted at a maximum height of fifteen (15) feet above the building height, with the exception that maximum height on a pitched roof shall be measured from the highest gable or slope of a gable, hip or gambrel roof of a building structure. 
 
ii.       On properties used or zoned for non-residential purposes:
a)      A BWES shall be permitted at a maximum height of twenty-five (25) feet above the building height, with the exception that maximum height on a pitched roof shall be measured from the highest gable or slope of a gable, hip or gambrel roof of the building structure.
 
iii.      Any BWES proposed to be mounted at a height greater than is permitted by this Section C may be allowed following the applicant securing a special use permit per Section 13.11 which shall include the submittal of materials required by Section 8.16.5 below as part of said special use permit application.
 

8.16.4 Tower Mounted WIND ENERGY SYSTEM REQUIREMENTS
 
Tower Mounted Wind Energy Systems (TWES) may be allowed on property that meets all requirements as defined in the section below and elsewhere in this ordinance. 

a)       NUMBER OF TWES PERMITTED
i.         On properties used or zoned for single-family residential, two-family residential or multi-family residential purposes:
a)      One (1) TWES shall be allowed as a permitted use on a zoning lot, provided that all other ordinance regulations are met. 
b)      More than one (1) TWES may be allowed on the same zoning lot following the applicant securing a special use permit per Section 13.11 which shall include the submittal of materials required by Section 8.16.5 below as part of said special use permit application.
ii.       On properties used or zoned for non-residential purposes:
a)      If the lot is less than five (5) acres in size, one (1) TWES shall be allowed as a permitted use.
b)      If the lot is greater than or equal to five (5) acres in size, two (2) TWES shall be allowed as a permitted use.
c)      Additional TWES proposed on the same lot greater than the permitted number may be allowed following the applicant securing a special use permit per Section 13.11 which shall include the submittal of materials required by Section 8.16.5 below as part of said special use permit application. 
iii.      A TWES shall not be permitted on a vacant lot.
 
b)      MAXIMUM HEIGH OF TWES
i.         On properties used or zoned for single-family residential, two-family residential or multi-family residential purposes.  TWES are allowed on lots at the height as defined in Table 8.16.4.1
ii.       On properties used or zoned for non-residential purposes TWES are allowed on lots at the height as defined in Table 8.16.4.2.
iii.         A TWES proposed to be constructed at a height that is defined in the “TWES as a Special Use” column of Table 8.16.4.1 or Table 8.16.4.2, shall only be allowed following the applicant securing a special use permit per Section 13.11 which shall include the submittal of materials required by Section 8.16.5 below as part of said special use permit application. 
 
c)      SETBACKS / LOCATION
i.         A TWES shall be setback a distance equal to one hundred ten percent, or 1.1 times the wind energy system height as measured from the exterior base of the tower to the property line.
ii.       No portion of a TWES is permitted within the required principal building setbacks as defined for the lot.
iii.      On properties used or zoned for single-family residential, two-family residential or multi-family residential purposes, a TWES shall not project into any portion of the front area or corner side area of the lot.
iv.     TWES facilities may not be constructed within or over (including the blades) any utility, water, sewer, or other type of recorded easement, unless written permission is granted by holders of the easement.             -
v.       All TWES shall be mounted on a monopole tower.
vi.     A TWES may be attached to a parking lot light pole or other monopole structure such as, but not limited to, a Personal Wireless Service Facility tower, if all other ordinance requirements are met for a TWES. The height of the light pole or other monopole structure as applicable shall be included when determining the total height for the TWES.
vii.    A TWES may not be attached to any signage as defined by the zoning ordinance.
viii. The blade tip, at its lowest point, shall have ground clearance of not less than fifteen (15) feet.
ix.     A TWES shall not be climbable for a vertical distance of fifteen (15) feet from the base of tower. 
 
8.16.5      SWES SPECIAL USE PERMIT REQUIREMENTS
 
A SWES which exceeds the permitted use standards as defined in Article 8.16 shall be subject to the standards for a Special Use as defined in Section 13.11 of this ordinance as well as the required additional documentation as defined below for a SWES.
 
a)      Any application for a Special Use shall provide the applicable information identified below as part of the material provided with said Special Use application. 
i.         Certificate of Height Necessity: [Only required with a Special Use application when an applicant is requesting a SWES with height greater than is permitted by Article 8.16.]: 
The applicant shall provide a statement from a licensed engineer that the additional height requested is the minimum necessary to accomplish the Applicant’s purpose and that that unless relief is granted, the wind to be received by this system will be substantially impaired or obstructed within the selected installation area. This documentation will also need to include the location and height of the obstructing structures or vegetation which are obstructing the laminar flow of the wind.
ii.       Shadow Flicker Study: Documentation that illustrates that a SWES facility is sited such that shadow flicker will not fall on any existing residential nonparticipating property line within 500 feet of the SWES for more than 50 hours a year.
iii.      Compliance with FAA: Documentation that states that the proposed SWES complies with FAA regulations. If the SWES is not regulated by the FAA, documentation shall be provided stating the FAA has no regulations.

8.16.6 ABANDONMENT / DECOMMISSIONING

 

a)       When a SWES has become inoperable, damaged, or otherwise violates the operating requirements defined of SWES for a continuous period of 12 months or more, such SWES shall be deemed to be abandoned by the Village. The owner of such SWES shall remove such items within 90 days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. 
b)       If such abandoned facility is not completely removed within the time frame required, the Village of Gurnee may remove all structures at the owner’s expense. In the case of such removal the Village of Gurnee has the right to file a lien for reimbursement, for any and all expenses incurred by the Village of Gurnee without limitation, including attorney fees and accrued interest. Upon removal, the site shall be restored to its original pre-construction condition for a TWES as referenced with photos presented with Project Proposal. A SWES shall be repaired where any damage has occurred from the point(s) of attachment.         
 

8.17      LARGE SOLAR ENERGY SYSTEMS              

 
        A Large Solar Energy System shall not be permitted to be constructed on any property or within any zoning district in the Village of Gurnee.
 

8.18    SMALL SOLAR ENERGY SYSTEMS (*Amended June 20, 2011, Ord. No. 2011-46)

 
 
      8.18.1     PURPOSE
The purpose of this Article 18.8 is to establish reasonable and uniform regulations for the location, installation, operation, and maintenance of small solar energy systems; to assure that any development and production of small solar energy systems is safe and to minimize any potentially adverse effects on the community; to promote the supply of sustainable and renewable energy resources, in support of national, state and local goals; and to facilitate energy cost savings and economic opportunities for residents and businesses situated within the Village of Gurnee.
 
8.18.2     SMALL SOLAR ENERGY SYSTEM GENERAL REGULATIONS
 

Building mounted, building integrated, flush mounted and ground mounted solar energy systems may be erected or installed on properties used or zoned for residential or non-residential purposes, and in accordance with this Article of the Village Zoning Ordinance, all State and Federal laws and regulations, as amended from time to time, concerning its use and operation and shall be further subject to the following standards: 

a)     Shall only per permitted if accessory to a principal building/use.

b)    Shall be installed according to manufacturer specifications and in accordance with all applicable Village of Gurnee codes and Ordinances.

c)    Electric solar energy system components must have a UL listing.

d)    Utility Notification – No grid-intertie photovoltaic system shall be installed until evidence has   been given to the Planning and Zoning Division that the owner has submitted notification to the utility company of the customer’s intent to install an interconnected customer-owned generator.  Off-grid systems are exempt from this requirement.

e)      If more than one roof area contains solar collectors that are building mounted, the Fire Department shall review and comment on the installation of the solar collectors to verify that adequate roof access is provided to emergency personnel in the case of an emergency.

f)      Article 8.18 shall not apply to a self-contained solar energy system as defined by the Ordinance; however, self-contained solar energy system(s) shall comply with the following restrictions;

  1.        On property used or zoned for residential or non-residential purposes, self-contained solar energy systems that are ground mounted are limited to an aggregate solar collector surface area less than or equal to 6 square feet.
  2.        On property used or zoned for residential purposes, self-contained solar energy systems that are building mounted are limited to an aggregate solar collector surface area less than or equal to 6 square feet.

g)     Any additional information and data reasonable necessary to evaluate the conformity of the small solar energy system with the Ordinance pursuant to the request of the Zoning Administrator.

 

*8.18.3  BUILDING MOUNTED SOLAR ENERGY SYSTEM REQUIREMENTS (*Amended June 20, 2011, Ord. No. 2011-46) 

Building Mounted Solar Energy Systems may be allowed on property that meets all requirements as defined in the section below and elsewhere in this ordinance. 

a)         TYPE PERMITTED & ROOF AREA MAXIMUM

i.          On property used or zoned for residential purposes:

a.         Building integrated and/or flush mounted solar energy systems are permitted to be installed on any roof area.

b.         Non-flush mounted solar energy systems are permitted on a building with a flat roof if the solar collector is completely screened from view to an observer five (5) feet above the ground at any point along an abutting property line (see Figures 8.18.1 & Figures 8.18.2 for “screening” illustrations).

c.         Non-flush mounted solar energy systems that cannot be screened from view may only be allowed following the applicant securing a special use permit per the requirements of Section 13.11 of the Ordinance; however, a non-flush mounted system is prohibited on any roof that is adjacent to the front yard and/or corner side yard.

d.         The solar collector surface area shall not cover more than 80% of any roof area upon which the collectors are mounted, and shall be set back from the roof edge by a minimum of one(1) foot (see Figure 8.18.3 which shows how the maximum roof area is generally determined).

e.         Requests for solar collector surface area greater than 80% of any roof area, but which does not depart from the 1 foot minimum setback requirement, may be allowed following the applicant securing a special use permit per Section 13.11 of the zoning ordinance.

ii.          On property used or zoned for non-residential purposes:

a.         Building integrated and/or flush mounted solar energy systems are permitted to be installed on any roof area.

b.         Non-flush mounted solar energy systems are permitted on a building with a flat roof if the solar collector is completely screened from view to an observer five (5) feet above the ground at any point along an abutting property line (see Figures 8.18.1 & Figures 8.18.2 for screening illustrations).

c.         Non-flush mounted solar energy systems that cannot be screened from view may only be allowed following the applicant securing a special use permit per the requirements of Section 13.11 of the Ordinance.

d.         The solar collector surface area shall not cover more tha 80% of the roof area upon which the collectors are mounted, and shall be set back from the roof edge by a minimum of one (1) foot (see Figure 8.18.3 which shows how the maximum roof area is generally determined).

e.         Requests for solar collector surface area greater than 80% of the roof face but which does not depart from the 1 foot minimum setback requirement, may be allowed following the applicant securing a special use permit per Section 13.11 of the zoning ordinance.

 

 

 

 

 

 

 

 

 

b)         MAXIMUM PERMITTED HEIGHT & BUILDING PROJECTION/EXTENSION

 i.          On property used or zoned for residential purposes:

a.         Non-flush mounted solar energy systems shall not extend above the highest point on the roof line, unless the applicant secures a special use permit per the requiements of Section 13.11 of the zoning ordinace.

b.         Shall not project/extend beyond the exterior wall of any building on which the system is mounted or built.

 ii.          On property used or zoned for non-residential purposes:

a.         Non-flush mounted solar energy systems shall not extend above the highest point on the roof line or a parapet wall, unless the applicant secures a special use permit per the requirements of Section 13.11 of the zoning ordinance.

b.         Shall not project/extend beyond the exterior wall of the building on which the system is mounted or built.

 

8.18.4 GROUND MOUNTED SOLAR ENERGY SYSTEM REQUIREMENTS (Amended June 20, 2011, Ord. No. 2011-46)

Ground mounted solar energy systems may be allowed on property used or zoned for residential or non-residential purposes following an applicant securing a special use permit per the requirements of Section 13.11 of the zoning ordinance.  In addition to the special use permit requirements, a ground mounted solar energy system shall meet the requirements as defined in the section below and elsewhere in this Ordinance: 

a)         MAXIMUM HEIGHT

On property used or zoned for residential or non-residential purposes:

i.          Shall not exceed 15 feet in height, unless the solar collector is attached to a legal and conforming parking lot light pole or other monopole structure that is accessory to the lot (see Figure 8.18.4 for an illustration of height measurement).

ii.          When a solar collector is attached to a legal and conforming parking lot light pole or other permitted monopole structure that is accessory to the lot, the solar collector shall not extend more than 5 feet above the height of the parking lot light pole or other monopole structure. 

b)         LOCATIONAL REQUIREMENTS

On property used or zoned for residential or non-residential purposes:

i.          Shall be setback a distance less than or equal to 1.0 times the system height or 5 feet, whichever is greater, measured from the edge of the system to the nearest property line.  However, a solar collector attached to a legal and conforming parking lot light pole or other permitted monopole structure that is accessory to the lot, may have a setback less than 5 feet.

ii.          On property used or zoned for residential purposes, no part of a ground mounted system shall be located in the front yard or corner side yard.

iii.         A solar collector may only be attached to a legal and conforming parking lot light pole or other similar type of accessory monopole structure, if all other ordinance requirements are met.

iv.         No part of a ground mounted system shall be located or protrude into a dedicated easement.