CHAPTER 156: ZONING CODE - Village of Huntley

CHAPTER 156: ZONING CODE 

Section 

General Provisions 

156.001 Title 

156.002 Intent and purpose 

156.003 Definitions 

Use Districts 

156.020 Scope of regulations 

156.021 Establishment of districts 

156.022 Residential Districts 

156.023 Office District 

156.024 Business Districts 

156.025 Manufacturing Districts 

156.026 Farming District 

156.027 Planned Development District 

156.028 Zoning maps 

156.029 Boundary lines 

156.030 Zoning of streets, alleys, public ways and railroad rights-of-way 

156.031 New or annexed land 

156.032 Lot area, yard and bulk regulations 

156.033 Lot area 

156.034 Lot width 

156.035 Front yard 

156.036 Rear yard 

156.037 Side yard 

156.038 Yard abutting a street 

156.039 Yard abutting a residential zone 

156.040 Lot coverage 

156.041 Floor area ratio 

156.042 Height of principal use 

156.043 Height of accessory use 

156.044 Uses permitted in zoning districts 

156.045 Location of buildings 

156.046 Buildings under construction 

156.047 Buildings on a zoning lot 

156.048 Exceptions to district regulations 

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220 Huntley - Land Usage 

156.049 Height exceptions 

156.050 Yard and building setback exceptions 

156.051 Fences, walls and hedges 

156.052 Utility exemption 

156.053 Swimming pools 

156.054 Wetland Conservancy District 

General Regulations 

156.065 Industrial performance standards 

156.066 Permit procedure 

156.067 Radiation hazards 

156.068 Fire and explosive hazards 

156.069 Glare and heat 

156.070 Electromagnetic interference 

156.071 Standards 

156.072 Enforcement 

156.073 Off-street parking and loading 

156.074 Accessory uses 

156.075 Temporary uses 

156.076 Supplementary use regulations 

156.090 Purpose 

156.091 Location 

156.092 Standards for all special uses 

156.093 Application 

Special Uses—General Provisions 

Special Uses for Uses Other than Planned Unit Development 

156.105 Standards for specific special uses 

156.106 Airport and heliports 

156.107 Automobile wrecking yard 

156.108 Cemetery 

156.109 Drive-in theater; summer theater; amphitheater 

156.110 Extraction of earth products 

156.111 Public and private utilities and services 

156.112 Self-storage facilities 

156.113 Self-storage facilities with the outside storage of vehicles

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Zoning Code 

220A 


156.121 When required 

156.122 Where permitted 

Special Uses—Planned Unit Development

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220B 

Huntley - Land Usage

Zoning Code 221 

156.123 Standards for planned unit developments 

156.124 Review procedures 

156.125 Minor modifications of final plans 

156.126 Formal subdivision of parcels in a planned unit development—when 

required 

156.127 Failure to begin planned unit development 

156.128 Planned unit development guidelines 


156.141 Non-conforming recorded lot 

Non-conforming Use Regulation 

Non-conforming Uses and Structures 

156.150 Definitions 

156.151 Non-conforming use and structure regulations 

156.152 Termination and removal of selected non-conforming uses 

156.160 Zoning Administrator 

156.161 Zoning Enforcement Officer 

156.162 Zoning Board of Appeals 

156.163 Meetings 

156.164 Records 

156.165 Rules 

156.166 Jurisdiction 

156.167 Plan Commission 

156.168 Village Board 

156.169 Procedures 

156.170 Amendments and special uses 

156.171 Variations 

156.172 Notice 

156.173 Permits 

156.174 Building permit 

156.175 Certificate of compliance 

156.176 Temporary use permit 

156.177 Fees 

156.999 Penalty 

Administration

Plate 1: Building Heights 

Plate 2: Types of Lots 

Plate 3: Lot Coverage; Floor Area Ratio (F.A.R.) 

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Plate 4: 

Exhibit A: 

Exhibit B: 

Exhibit C: 

Exhibit D: 

Exhibit E: 

Exhibit F: 

Exhibit G: 

Exhibit H: 

Exhibit I: 

Exhibit J: 

Exhibit K: 

Exhibit L: 

Exhibit M: 

Exhibit N: 

Exhibit O: 

Exhibit P: 

Lot Depth and Width; Yard and Building Lines 

Neighborhood Retail (C-1) 

Regional Retail District (C-2) 

Service Station 

Free Standing Pad Site 

Pad Site within a Retail Center 

Pad Site with a Drive-Through 

Hotel 

Corporate Office (O) 

Business Park (BP) 

Estate Residential (ER) 

Estate Residential (ER-1) 

Estate Residential (ER-2) 

Single-Family Residential (SF-1) 

Garden Residential (SF-2) 

Multi-Family Residential (MF-1) 

Multi-Family Residential (MF-2) 

Table 1: Lot, Area, and Bulk Regulations 

Table 2: Uses Permitted in Zoning Districts 

Table 8: Required Number of Parking Spaces 

Table 9: Required Number of Loading Spaces 

GENERAL PROVISIONS 

§ 156.001 TITLE. 

This chapter shall be known, cited and referred to as the "Huntley Zoning 

Ordinance." 

(Ord., passed 7-17-89) 

§ 156.002 INTENT AND PURPOSE. 

This chapter is adopted for the following purposes: 

(A) To promote and protect the public health, safety, morals, comfort, and general 

welfare of the people.

(B) To divide the village into zoning districts, restricting and regulating therein 

location, erection, construction, reconstruction, alteration and the use of buildings, 

structures and land use for residence, business and manufacturing and other specified 

uses. 

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(C) To provide a quality community environment developed in accordance with the 

goals, objectives, ordinances, policies and recommendations of the Official Plan of the 

Village of Huntley and all the applicable ordinances of the village. 

(D) To protect the character and stability of agricultural, residential, business, 

recreational and manufacturing areas within the village and to promote the orderly and 

beneficial development of such areas. 

(E) To protect and provide for the orderly development of natural resources 

including the resources of the air, lakes, streams and the land. 

(F) To preserve a high quality natural environment, including surface and 

subsurface water resources, their recharge areas, scenic vistas, woodlands and wildlife 

habitat for the health and enjoyment of the people of the village. 

(G) To insure adequate light, air, privacy and convenience of access to property. 

(H) To regulate the intensity of use of lot areas and to determine the area of open 

spaces surrounding buildings necessary to insure adequate light and air and to protect the 

public health, comfort, safety and general welfare. 

(I) To establish building lines and the location of buildings designed for residential, 

agricultural, business, manufacturing or other uses within such areas. 

(J) To fix reasonable standards to which buildings and structures shall conform 

therein. 

(K) To prohibit uses, buildings, structures and vehicles incompatible with the 

limitations of natural site conditions, the character of development, or intended uses 

within specific zoning districts. 

(L) To prevent additions, alterations or remodeling of existing buildings and 

structures in such a way as to avoid the restrictions and limitations imposed hereunder. 

(M) To prevent congestion in the public streets and to protect the public health, safety, 

convenience and general welfare by providing off-street parking of motor vehicles and 

the loading and unloading of commercial vehicles. 

(N) To protect against fire, explosion, noxious fumes and other hazards in the 

interest of the public health, safety, comfort and general welfare.

(O) To prevent the overcrowding of land and undue concentration of structures, so 

far as possible and appropriate, in each district by regulating the use and bulk of buildings 

in relation to the land surrounding them. 

(P) To conserve the taxable value of land and buildings through the village. 

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(Q) To provide for the elimination of nonconforming uses of land, buildings and 

structures which are adversely affecting the character and value of desirable development 

in the district. 

(R) To define and limit the powers and duties of the administrative officers and 

bodies as provided therein. 

(S) To provide for separation of pedestrian and vehicular movement and provide for 

bicycle paths as follows: To promote good planning with the separation of pedestrian 

and vehicular movements, providing sensitive solutions to difficult site problems where 

soils, slopes, woodlands or wetlands place constraints on development, and by providing 

convenient recreational facilities and open spaces to enrich the lifestyle of the residents of 

the community. 

(T) To prevent the creation or establishment of airport hazards and avoid 

unnecessary airport impact, the village may establish such zoning regulations for such 

airport hazard and impact areas subject to the provisions of the Illinois Aeronautics Act, 

as heretofore and hereafter amended. Such regulations may divide the airport hazard and 

impact areas into special zoning districts and specify the land uses permitted and regulate 

and restrict heights to all structures and trees that may be erected or allowed to grow. 

(Ord., passed 7-17-89) 

§ 156.003 DEFINITIONS. 

For the purpose of this chapter, the following definitions shall apply unless the 

context clearly indicates or requires a different meaning. 

Words used in the present tense shall include the future; words used in the singular 

number shall include the plural number; and the plural, the singular; and the word "lot" 

shall include the word "plot"; and the word "shall" is mandatory and not directory; and 

the words zone, district, or zoning district may be used interchangeably. 

ACCESSORY BUILDING AND STRUCTURE. A building or other structure 

located on a lot with a principal use housing an accessory use. Where a substantial part 

of the wall of an accessory building is part of the wall of the main building or where an 

accessory building is attached to the main building in a substantial manner as by a roof, 

such accessory building shall be counted as part of the main building and shall conform 

to all regulations applicable thereto. Wood decks or platforms, open to the sky, even if 

attached to the main building, are accessory structures.

ACCESSORY USE. A use which is located on the same lot on which the principal 

building or use is situated and which is reasonably necessary, incidental and subordinate 

to the conduct of the principal use when permitted by district regulations. 

ACREAGE. Any tract or parcel of land having an area of one acre or more which 

has not been subdivided by meets and bounds or platted. 

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AIRPORT HAZARD AREA. "Airport Hazard" means any structure, object of 

natural growth, or use of land, which obstructs air space required for the flight of aircraft 

or restricted landing area or is otherwise hazardous to such landing and take off. 

AIRPORT IMPACT AREA. Any area undeveloped at the time of the adoption of an 

airport zone whose development would be incompatible with associated airport 

environmental impact. 

ALLEY. A public way, not more than 30 feet wide, which affords only a secondary 

means of access to abutting property. 

AQUIFER. A sub-surface water bearing strata which has a recharge area which 

may be the watershed for ground water or a distant geological formation for deep 

water-bearing strata. 

ATTIC. A space beneath the roof and above rooms in a dwelling or building used 

for storage not for habitation. 

AUTOMOBILE REPAIR, MAJOR. Engine rebuilding or major reconditioning of 

worn or damaged motor vehicles or trailers; collision service, including body, frame or 

fender straightening or repair; and, overall painting of vehicles. 

AUTOMOBILE WRECKING YARD. Any place where one or more motor 

vehicles, not stored in running condition, or parts thereof, are stored in the open for 

periods exceeding 30 days, or any land, building or structure used for wrecking or storing 

of such motor vehicle or parts thereof: and including any used farm vehicles or farm 

machinery or parts thereof, stored in the open and not being restored to operating 

condition; and including the commercial salvaging of any other goods, appliances, 

articles or merchandise. 

BASEMENT. A story partially or wholly underground, where more than one-half of 

its height is above the average ground elevation, a basement shall be counted as a story 

for purposes of height measurement. 

BLOCK. A tract of land bounded by streets or, in lieu of a street or streets, by public 

parks, cemeteries, railroad rights-of-way, shorelines of meandering lakes, the centerlines 

of other lakes and streams or a corporate line of the village. 

BOARDING HOUSE. A building other than a hotel or restaurant where meals are 

provided for compensation to three or more persons, but not to more than 12, who are not 

members of the keeper's family.

BUILDABLE AREA. The space remaining on a zoning lot after the minimum yard 

requirements of this chapter have been complied with. 

BUILDING. Any structure with substantial walls and roof securely affixed to the 

land and entirely separated on all sides from any other structure by space or by walls in 

which there are no 

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communicating doors, windows or openings, and which is designed or intended for the 

shelter, enclosure or protection of persons, animals or chattels. Any structure with 

interior areas not normally accessible for human use, such as gas holders, oil tanks, water 

tanks, grain elevators, coal bunkers, oil cracking towers, and other similar structures, are 

not considered as buildings, but are classified as structures. 

BUILDING HEIGHT. The vertical distance measured from the curb level, or its 

equivalent established grade, opposite the middle of the front of the building to the 

highest joint of the roof in the case of a flat roof; to the deck line of a mansard roof; and 

to the mean height level between eaves and ridge gables hip, or gambrel roof; excluding 

elevator or mechanical equipment rooms; provided that where buildings are set back from 

the street line the height of the building may be measured from the average elevation of 

the finished lot grade at the front of the building. (See Plate 1) 

BUILDING LINE. A line or lines including the building setback line on the 

horizontal surface of a lot, parallel or nearly parallel to the front, side, and rear lot lines, 

and located at a distance prescribed by the yard regulations of this chapter beyond which 

no portion of a building may extend except as provided by this chapter. 

BUILDING PRINCIPAL. A building in which is conducted the main use of the 

zoning lot on which it is situated. 

BUILDING SETBACK LINE. A line parallel to the front lot line set at a distance 

regulated by the front yard requirements established by this chapter. (See Table 1, Front 

Yard Column) Where established buildings on platted lots in a block, or 400 feet on 

either side, have an average front yard setback greater than that required in the Zoning 

District, the front yard setback requirement shall be the mean average setback of the 

existing buildings. 

CHILD CARE FACILITY. An institution providing care for three or more children 

under the age of six years for periods of time not exceeding 24 hours. 

CLUB OR LODGE, PRIVATE. A building, lot or other tract of land owned or 

leased by a not-for-profit association of persons who are bona fide members paying dues 

to the association and operated for the use and enjoyment of the association. 

CONDOMINIUM. A form of ownership which permits individuals to own a portion 

of a building and common areas either in fee simple or jointly. An elected board of the 

owners manages the condominium association. 

COOPERATIVE. A form of real estate ownership where the individual owns shares 

in the building or land proportionate to the size of the dwelling. An elected board of the 

shareholders manages the cooperative.

CORNER LOT. See LOT, CORNER. 

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CORNER LOT, REVERSED. See LOT, REVERSED CORNER. 

COVERAGE, LOT. See LOT, COVERAGE. 

CURB LEVEL. The level of the established curb in front of the building measured 

at the center of such front. Where a building faces on more than one street, the "curb 

level" shall be the average of the levels of the curbs at the center of the front of each 

street. Where no curb elevation has been established, the center line of the street 

pavement shall be the "curb level". 

DAY CARE. A state supervised child care facility providing daytime care for 

children of preschool age, especially while their parents are at work. Facilities with three 

or less children may, for the purposes of this chapter, be considered as an applicable 

home occupation request. 

DECIBEL. A unit of measurement of the intensity of sound (loudness). Sound 

level meters, employed to measure sound are calibrated in decibels. 

DISCONTINUANCE. The cessation or termination of a use or activity for a period 

of three months or 90 days shall be considered a discontinuance of the use of activity 

under the non-conforming use regulations of this chapter. The continuance of public 

utilities; water, gas, electricity or telephone, shall not automatically be considered a 

continuance of the use or activity. 

DISTRICT. A division of the geographic area of the village, as shown on the zoning 

map within the character and intensity of land use is regulated by the terms of this 

chapter. The terms "district", "use district", and "zone" are synonymous. 

DWELLING. A building or portion thereof, but not including a house trailer or 

mobile home, designed or used exclusively for residential occupancy, but not including 

overnight or transient accommodations in hotels, motels and similar uses. 

DWELLING, APARTMENT. A room or suite of rooms in a two-family or multiple 

family building which is arranged, designed, used or intended to be used as a single 

housekeeping unit. Complete kitchen and bathroom, permanently installed, shall always 

be included in each apartment. 

DWELLING, GROUP. A group dwelling is a dwelling containing accommodations 

for more than two persons other than a family in which there are common dining 

facilities including dormitories, rooming houses, fraternity and sorority houses, convents, 

monasteries, and similar uses, but not including motels, hotels and similar uses.

DWELLING, MULTIPLE FAMILY. A building or portion thereof, designed or 

altered for occupancy by three or more families living independently of each other. 

DWELLING, ONE FAMILY. A building designed exclusively for use and 

occupancy by one family and entirely separated from any other dwelling by space. 

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DWELLING, PATIO HOME. A dwelling unit which has a major feature and 

enhancement, a patio area which may be completely private (as in an atrium), screened 

with protective views (as in a zero lot design with no facing windows from the 

neighboring dwelling) or open to view. 

DWELLING, TOWNHOUSE (PARTY WALL). A row or other arrangement of two 

to eight attached party wall dwellings and each having entrances which provide direct 

access to outside yards. 

DWELLING, TWO FAMILY. A building designed or altered to provide dwelling 

units for occupancy by two families living independently of each other. 

DWELLING UNITS. One or more rooms that are located in a dwelling, and that are 

arranged, designed, or used as living quarters for one family only, and containing 

complete kitchen and toilet facilities, permanently installed. 

DWELLING, ZERO LOT LINE. A type of housing construction requiring a 

variation of side yard regulations which results in a building constructed on one side lot 

line leaving one side yard equalling the total side yard requirement. (See Table 1, 

Column 7) This style of housing is typically found in Planned Unit Developments but 

may be permitted in other appropriate situations. 

EROSION. The group of natural processes including weathering, dissolution, 

abrasion and corrosion by which earthy or rock materials are removed from any part of 

the earth's surface. 

FAMILY. One or more persons (excluding servants) related by blood, marriage or 

adoption, or a group of not more than eight unrelated children (unless all the children are 

of common parentage) received for care by a state-authorized agency, living together and 

maintaining a common household, or a group of not more than five persons who need not 

be related by blood, marriage or adoption, living together and maintaining a common 

household, but not including communes, sororities, fraternities, private clubs or other 

similar organizations. 

FENCE. A structure not part of a building forming a physical barrier. 

FLOOD BASE ELEVATION. See § 156.073. 

FLOOD PLAIN. See § 156.073. 

FLOOD TABLE LAND. See § 156.073.

FLOOR AREA. The floor area of a non-residential structure, when taken as a 

principal use, is the total useable horizontal area enclosed by exterior walls of a building, 

exclusive of basements, cellars, attics and crawl spaces. The floor area of a residence, 

when taken as a principal use, is the total horizontal area of living space enclosed by the 

exterior walls measured at the outside of such exterior walls, including partitions, closets, 

bath and utility rooms and the lower level of a tri-level structure but not including 

unfinished cellars, basements, and attics; garages, breezeways, porches and patios; and 

other spaces not used ordinarily for living, eating and sleeping purposes. Unfinished 

areas 

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above the ground floor living spaces shall be included, provided that subflooring is laid, 

insulation installed, and windows and stairways are installed as required by village 

ordinances and codes. 

FLOOR AREA RATIO. A number indicative of the intensity of use of a lot 

determined by dividing the floor area of any principal building plus the floor area of all 

accessory buildings by the area of the lot upon which they are located. (See Plate 3) 

FOOD SERVICES. 

(1) CAFETERIA. A primary or secondary use within a business establishment 

in which food and drink are served for consumption inside the building only. Patrons 

select from a visible array of prepared items with selections varying from day to day. 

(2) CARRY-OUT FOOD SERVICE. Any building or structure or part thereof 

in which patrons are served inside the building but consumption of food and/or drink may 

occur in the following methods: inside the building; outside the building on outdoor 

tables; in parked vehicles on the premises; or, off the premises. 

(3) DRIVE-IN FOOD SERVICE. Any building or structure or part thereof 

devoted mainly to preparing food and/or drink in which patrons are served while 

remaining in their vehicles or at tables out of doors on the premises. 

(4) RESTAURANT. Any building or structure or part thereof in which food 

and drink are prepared and are served by waiters and/or waitresses to patrons for 

consumption inside the building. Such an operation may or may not be in conjunction 

with a cocktail lounge. 

GARAGE, BUS OR TRUCK. A building which is used or intended to be used for 

the storage of motor trucks, truck trailers, tractors and commercial vehicles exceeding 

three-quarter ton capacity. 

GARAGE, PRIVATE. A detached accessory building or portion of the principal 

building, designed, arranged, used or intended to be used for the storage of automobiles 

of the occupants of the premises. 

GARAGE, COMMERCIAL OR PUBLIC. A building other than a private garage 

used for the care, incidental servicing and sale of automobile supplies, or where motor 

vehicles are parked or stored for remuneration, hire, or sale within the structure, but not 

including trucks, tractors, truck trailers, and commercial vehicles exceeding one and 

one-half ton capacity.

HOME OCCUPATION. A gainful occupation or profession customarily carried on 

by an occupant of a dwelling unit as a use wholly within the dwelling unit, which is 

clearly incidental to the use of the dwelling unit for residential purposes. (See 

§ 156.074.) 

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HOTEL, APARTMENT. A building containing dwelling units or individual guest 

rooms, the majority of which are for permanent guests. Maid and janitor service may be 

provided, but kitchen facilities are not necessarily included. 

HOTEL OR MOTEL. A building on one lot in which more than five rooms or 

suites are reserved to provide living and sleeping accommodations for temporary guests. 

LOADING SPACE. An open, easily accessible hard-surfaced area of land, other 

than a street or public way, and providing space for the standing, loading and unloading 

of motor trucks, tractors and trailers to avoid undue interference with the public use of 

streets, alleys and sidewalks. 

LODGING OR ROOMING HOUSE. A group dwelling with not more than five 

guest rooms where lodging is provided for compensation pursuant to previous 

arrangements, but not open to the public or to overnight guests. 

LOT. The word "lot" when used alone shall mean a "zoning lot", unless the context 

of this chapter clearly indicates otherwise. 

LOT, CORNER. A parcel of land situated at the intersection of two or more streets 

or adjoining a curved street at the end of a block. (See Plate 2) 

LOT, COVERAGE. The area of a zoning lot occupied by the principal building or 

buildings and accessory buildings. (See Plate 3) 

LOT DEPTH. The horizontal distance between the front and rear lot lines exclusive 

of all rights-of-way and easements for street purposes, measured in the mean direction of 

the side lot lines. (See Plate 4) 

LOT FRONTAGE. The front of a lot shall be that boundary of a lot along a public 

or private street. For a corner lot the front shall be the narrowest side edge of the lot 

fronting on a street provided that the owner may orient his building toward either street. 

For a lakefront lot, the front shall be that boundary abutting the lake. However, all 

required yards and setbacks shall be provided. 

LOT, INTERIOR. A lot other than a corner lot, through lot or reversed corner lot. 

(See Plate 2) 

LOT LINE, FRONT. The front property line of a zoning lot. Where a lot contains 

an easement for street purposes across the front of a lot, the edge of the easement shall be 

considered the front lot line.

LOT LINE, REAR. The rear lot line is the lot line, lot lines or point on the lot most 

nearly parallel to and most remote from the front lot line. Lot lines other than front or 

rear lot lines are side lot lines. 

LOT LINE, SIDE. A lot line common with another lot, or in the case of a corner lot 

in common with a street right-of-way or easement line, and intersecting the front lot line. 

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LOT OF RECORD. A lot which is a part of a subdivision or a parcel of land 

described by deed and where both the map and the deed were recorded in the Office of 

the Recorder of Deeds of McHenry County prior to the adoption of this chapter; however, 

such action must have been in conformity with the Village Subdivision Ordinance in 

effect at the time of subdivision or parcel creation. 

LOT, REVERSED CORNER. A corner lot, the rear of which abuts upon the side of 

another lot, whether across an alley or not. (See Plate 2) 

LOT, THROUGH. A lot having frontage on two parallel or approximately parallel 

streets, and which is not a corner lot. (See Plate 2) 

LOT WIDTH. The horizontal distance between the side lot lines measured at right 

angles to the lot depth at the established front building line. (See Plate 4) 

LOT, ZONING. A plot of ground made up of one or more parcels which are or may 

be occupied by a use, building or buildings, including the yards and open spaces required 

by this chapter. 

MARSH LAND FARMING. A farm operation which may include: cranberry wild 

rice, watercress and similar wetland crops. 

MEDICAL CLINIC. An establishment where human patients and not animals or 

pets are admitted for diagnosis and treatment by two or more licensed physicians, 

medical practitioners and professional associates who may utilize jointly the same 

reception area, medical supply, laboratory, auto parking and other physical 

accommodations. Overnight patient care is not permitted. 

MOTELS, MOTOR LODGES, TOURIST COURTS. A group of attached or 

detached buildings containing individual sleeping and living units, designed for or used 

temporarily by automobile tourists or transients, with garage attached or parking space 

conveniently located to each unit, including auto courts, motels, or motor lodges, but not 

including mobile homes. 

NON-CONFORMING RECORDED LOT. (See §§ 156.140 through 156.152.) 

NON-CONFORMING STRUCTURE. Any structure or building which does not 

conform to the regulations of this chapter prescribing the floor area ratio, required yards, 

coverage, height, setbacks and required spacing between buildings. (See §§ 156.140 

through 156.152.) 

NON-CONFORMING USE (LEGAL). Any building or land lawfully occupied by 

a use lawfully established at the time of the adoption of this chapter or amendments

thereof, which does not conform after the passage of this chapter or amendments hereto 

with the use regulations of this chapter. (See §§ 156.140 through 156.152.) 

NURSERY SCHOOL. A preschool nursery where educational programs are a 

normal part of each days activities. Nursery school facilities shall not be classified as a 

home occupation. 

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NURSING HOME OR SHELTERED CARE HOME. A private home or 

institution licensed by the State of Illinois for the care of children or the aged or infirmed, 

or a place of rest for those suffering bodily disorders, but not including facilities for the 

treatment of sickness or injuries or surgical care. 

OCTAVE BAND. A means of dividing the range of bound frequencies into octaves 

in order to classify sound according to pitch. 

OFFICE. A place, such as a building, room or suite in which services, clerical 

work, professional duties, or the like are, are carried out. 

OPEN SPACE. Open space shall include all public and private areas set aside for 

recreational or conservation purposes either because of the significance of the site or 

because of the recreational opportunities provided. The term "open space" itself does not 

imply either active or passive recreation uses. 

PARKING AREA, PRIVATE. An open, hard-surfaced area of land, other than a 

street or public way designed, intended, arranged or made available for the storage of 

automobiles, trucks, trailers or other vehicles, for occupants of the building or buildings 

for which the parking area is developed and is accessory. 

PARKING AREA, PUBLIC. An open, hard-surfaced area other than a street or 

public way, intended to be used for the storage of passenger automobiles and commercial 

vehicles under three-quarter ton capacity, and available to the public whether for 

compensation, free, or as an accommodation to clients or customers. 

PATIO HOME. See DWELLING, PATIO HOME. 

PERSON. Any individual, partnership, corporation, firm or other entity. 

PLAN COMMISSION. The Plan Commission of the Village of Huntley. (See 

§§ 156.160 through 156.999.) 

PLANNED DEVELOPMENT. A development is a real estate development 

characterized by a mixture of principal uses or dwelling types or both and a development 

plan which is specifically adapted to the conditions of the site and which unifies all 

components of the development and blends by basic components with adjacent property. 

The development plan may vary from the specific standards of the zoning district in 

which the planned development is located provided the other requirements for planned 

developments established by this chapter are met.

PUBLIC UTILITY. A private business, organization, regulated by the state, which 

provides an essential service or commodity, such as water, electricity, transportation or 

communication, to the consuming public. 

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RAILROAD RIGHT-OF-WAY. A strip of land with tracks and auxiliary facilities 

for track operation, but not including land used or to be used for depots, loading 

platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or 

water towers. 

RECREATIONAL VEHICLE. Any boat, boat trailer, trailer, any camping trailer, 

travel trailer, pickup, coach, motor home, or other unit built or mounted on a vehicle or 

chassis, without permanent foundations which may legally be driven or towed by motor 

vehicles. 

RETAIL. The sale of commodities in small quantities or the offering of a personal 

service directly to the consumer. The term retail, when applied to uses in this chapter, 

shall include the production of goods or services to be offered at retail on the premises or 

in associated off-premises outlets owned and operated by the owner of the principal use 

in question, as in the case of a retail bakery where baking is done on premises or a 

laundry or dry cleaning establishment with processing on premises. The term retail, 

when used in this sense, specifically excludes any production or processing for wholesale 

purposes or distribution to other retailers. 

RINGLEMANN NUMBER. A number corresponding to a shaded area on a 

Ringlemann chart as published by the United States Bureau of Mines used in measuring 

the visual density of smoke emission. 

SETBACK LINE, BUILDING. See BUILDING SETBACK LINE. 

SHELTERED CARE HOME. See NURSING HOME OR SHELTERED CARE 

HOME. 

SIGN. Every name, identification, description, announcement, declaration, 

demonstration, display, flag, illustration, or insignia and structure supporting any of the 

same, affixed directly or indirectly to or upon any building or outdoor structure, or 

erected or maintained upon a piece of land which directs attention to an object, product, 

place, activity, person, institution, organization or business. The term SIGN shall 

include, among other structures, and whether illuminated or non-illuminated, every 

ground sign, wall sign, roof sign, projecting sign, or temporary sign. However, the term 

sign" shall not include any display of official, court, or public notices, nor shall it include 

the flag emblem, insignia of a nation, governmental unit, school, or religious group, 

provided such "signs" conform to regulations governing structures as stipulated in this 

chapter. 

SIMPLIFIED RESIDENTIAL VARIATION. Any single family residences, in 

existence at the time of the adoption of this chapter, located in a RE-1, RE-2, R-1, R-2, 

R-3, R-4 or R-5 Zoning District, qualify for consideration as a SIMPLIFIED

RESIDENTIAL VARIATION. This will enable qualified property owners seeking a 

variation from front yard, side yard, rear yard, lot area or lot width requirements to pay a 

reduced application fee in accordance with the established Fee Schedule of this chapter. 

(See § 156.177) 

SLOPE. A stretch of ground forming a natural or artificial incline. 

SLOPE, STEEP. A slope having a percentage of slope greater than 30%, 

determined by dividing the horizontal distance of the slope into the vertical drop 

perpendicular to the horizontal line. 

1998 S-2


SMOKE UNIT. A measure of smoke emission represented by multiplying the 

smoke density in the Ringlemann numbers by the time of emission in minutes. 

SPECIAL USE. Any use of land or buildings, or both described and permitted 

herein, subject to the provisions of the requirements contained in this chapter. 

STORY. That portion of a building included between the surface of any floor and 

the surface of the floor next above it, or if there be no floor above its then the space 

between the floor and ceiling above it. Any basement or cellar with more than one-half 

of its height above the average level of the adjoining ground at the front of the building 

shall be considered a story for purposes for both height and area measurements. 

STORY, HALF. A half story is that portion of a building under a gable, hip or 

mansard roof, the wall plates of which are not more than 4½ feet above the finished floor 

of such story. In the case of one-family dwellings, two-family dwellings and multiplefamily 

dwellings less than three full stories in height, a half story in a sloping roof shall 

not be counted as a story for the purpose of this chapter. In the case of multiple-family 

dwellings, three or more full stories in height, a half story shall be counted as an 

additional story. 

STREET. Any public or private way other than an alley. 

STREET LINE. A line separating an abutting lot, piece or parcel from a street. 

STRUCTURE. Anything constructed or erected which requires location on the 

ground or is attached to something having location or attached to the ground. 

STRUCTURAL ALTERATIONS. Any change other than incidental repairs and 

maintenance which would prolong the life of the supporting members of the building or 

structure, such as bearing walls, columns, beams or girders. 

SURFACE WATER. Waters which fall on the land surface as precipitation (rain, 

snow or hail) and may percolate into the soil as ground water or runoff into natural 

drainage ways. 

TERRACE, OPEN. A terraced area, for purposes of this chapter, is located adjacent 

to one or more faces of the principal structure and which is constructed not more than 

four feet in height above the average level of the adjoining ground. 

TOURIST HOME. A dwelling in which accommodations are provided or offered 

for transient guests.

USE. The purpose for which land or a building thereon is designed, arranged or 

intended, or for which it is occupied or maintained, let or leased. 

1998 S-2


VARIATION, SIMPLIFIED RESIDENTIAL. See SIMPLIFIED RESIDENTIAL 

VARIATION. 

VILLAGE BOARD. The President and Village Board of Huntley, McHenry 

County, Illinois. (See §§ 156.160 through 156.999.) 

WATERSHED. The area of land draining into a specific river, river system, lake or 

body of water. 

YARD. An open space on a zoning lot which is unoccupied and unobstructed from 

its lowest level upward, except as otherwise permitted in this chapter, and which extends 

along a lot line and at a depth or width specified in the yard regulations for the district in 

which the lot is located. 

YARD, FRONT. An open space extending across the full width of the zoning lot 

and lying between the front line of the lot and the nearest building line. 

YARD, REAR. An open space extending across the full width of the zoning lot and 

lying between the rear line or lines of the lot and the building line. 

YARD, SIDE. An open space extending along each side lot line between the front 

yard and rear yard. 

ZERO LOT LINE. See DWELLING, ZERO LOT LINE. 

ZONING DISTRICT. A use district as defined in this chapter. 

ZONING ADMINISTRATOR. (See §§ 156.160 through 156.999.) 

ZONING BOARD OF APPEALS. The Zoning Board of Appeals of the Village of 

Huntley. (See §§ 156.160 through 156.999.) 

ZONING ENFORCEMENT OFFICER. (See §§ 156.160 through 156.999.) 

(Ord., passed 7-17-89) 

USE DISTRICTS 

§ 156.020 SCOPE OF REGULATIONS.

No building or structure shall be erected, converted, enlarged, reconstructed or 

structurally altered, nor shall any building or land be used for any purpose other than is 

permitted in the district in which the building or land is located. 

(Ord., passed 7-17-89) Penalty, see § 156.999 

1998 S-2


§ 156.021 ESTABLISHMENT OF DISTRICTS 

In order to carry out the purposes and provisions of this chapter, the village is hereby 

divided into the following districts. 

(Ord., passed 7-17-89) 

§ 156.022 RESIDENTIAL DISTRICTS. 

(A) Purpose. The residential district regulations set forth herein are established in 

order to protect health and the environment, and promote public safety, convenience, 

comfort, morals, prosperity and welfare. These general goals include, among others, the 

following specific purposes: 

(1) To protect against fire, explosion, noxious fumes, offensive odors, noise, 

smoke, vibrations, dust, heat, glare, visual nuisances, and other objectionable factors. 

(2) To protect against unduly heavy vehicle traffic, especially through traffic, 

and to alleviate congestion by promoting off-street parking. 

(3) To protect against undue congestion of public streets and other public 

facilities by controlling density of population through regulation of the bulk of buildings. 

(4) To provide for ample light and air to buildings and the windows thereof. 

(5) To provide for usable open space on the same zoning lot with the building 

improvements, such as zero lot line or cluster developments following planned 

development procedures. 

(6) To provide sufficient space in proper locations to meet the probable need 

for necessary and desirable services in the vicinity of residences which increase safety 

and amenity but which do not exert objectional influences. 

(7) To promote best use and development of residential land in accordance with 

a comprehensive land use plan, to promote stability of residential development and 

protect the character of desirable development and protect the value of land and 

improvements and so strengthen the economic base of the village. 

(B) The following residential districts are established: 

RE-1 Residential Estate District 

RE-2 Residential Estate District 

R-1 Single Family Residence District

1998 S-2 

R-2 Single Family Residence District 

R-3 Duplex, Two Family District 

R-4 Townhouses, Condominiums


R-5 Multiple Family District 

(For permitted uses, see § 156.044) 

(Ord., passed 7-17-89) 

§ 156.023 OFFICE DISTRICT. 

(A) Purpose. The office district regulations set forth herein are established to 

protect public health, promote public safety, comfort, convenience and the general 

welfare and to protect the economic base of the village and the value of the property. 

These general objections include, among others, the following specific purposes: 

(1) To provide an exclusive district for selected non-residential uses which are 

not dependent economically upon customer interchange with retail business 

establishments and which do not generate large traffic volumes. 

(2) To provide a district for selected non-residential uses which function best in 

clean, quiet, landscaped surroundings free from noise, odor, traffic, merchandising and 

other factors normally present in retail business districts. 

(3) To provide employment opportunities close to residential areas, thus 

reducing to and from work travel time and traffic. 

(4) To permit a higher economic return from properties serving buffer district 

purposes along important traffic arteries traversing residential districts. 

(B) The following office district is established: 

O Office District 

(Ord., passed 7-17-89) 

§ 156.024 BUSINESS DISTRICTS. 

(A) Purpose. The Business District regulations set forth herein are established to 

protect public health and the environment, to promote public safety, comfort, 

convenience and the general welfare and to protect the economic base of the village and 

the value of property. These general objectives include, among others, the following 

purposes: 

(1) To promote the most desirable use of land in accordance with a 

well-considered plan so that adequate space is provided in appropriate locations for the

various types of business uses, thereby protecting and strengthening the economic base of 

the village. 

1998 S-2


(2) To place in separate districts those businesses which may create noise, 

odors, hazards, unsightliness, or which may generate heavy traffic; in accordance with 

the intent of the comprehensive plan. 

(3) To permit selected business uses in districts where adjacency to or inclusion 

in a residential area has sufficient elements of service or convenience to such areas to 

offset the disadvantages. 

(4) To encourage the grouping in appropriate locations of compatible business 

uses which will tend to draw trade that is mutually interchangeable and so promote public 

convenience and business prosperity and contribute to the alleviation of traffic and 

pedestrian congestion. 

(5) To provide for the establishment of off-street parking facilities permitted 

and required so as to alleviate traffic congestion and to promote shopping convenience 

and business prosperity. 

(B) The following business districts are established: 

B-1 Neighborhood convenience 

B-2 Highway service 

Temporary Use Seasonal sale of farm produce 

B-3 Shopping center business 

(Ord., passed 7-17-89) 

§ 156.025 MANUFACTURING DISTRICTS. 

(A) Purpose. The manufacturing districts set forth herein are established to protect 

the public health, safety, comfort, convenience and the general welfare, and to protect the 

environment and the economic base of the village, as well as the value of real estate, by 

regulating manufacturing development in appropriate locations, recognize prevailing 

wind patterns. These general objectives include, among others, the following specific 

objectives: 

(1) To protect established residential areas, and the health of families living 

therein, by restricting those nearby manufacturing activities which may create offensive 

noise, vibration, smoke, dusty odors, heat, glare, fire hazards, excessive traffic and other 

objectionable influences to those areas which are appropriate therefor. 

(2) To provide adequate space in appropriate locations for most types of 

manufacturing and related activities so that the economic structure of the community may

e strengthened, and that employment opportunities may be found in the interest of 

public prosperity and welfare. 

(3) To provide space for manufacturing activities in locations accessible to rail 

and highways so that movement of raw materials, finished products, and employees can 

be carried on efficiently and with a minimum of danger to public life and property. 

1998 S-2


(4) To establish proper standards of performance which will restrict obnoxious 

manufacturing activities while at the same time encouraging and permitting the 

manufacturing activities which have adopted facilities for the processing of finished 

products without adversely affecting the health, happiness, safety convenience and 

welfare of the people living and working in nearby areas. 

(5) To protect manufacturing districts from incompatible uses of land by 

prohibiting the use of such space for new residential development, thereby preserving the 

land for a more appropriate use in accordance with the plans for village improvement and 

development. 

(6) To promote the most desirable use of land in accordance with a 

well-considered plan of land use of the village, to conserve the use of property, promote 

the stability of manufacturing activities and related development, and to protect the 

character and established development in each area of the community, to enhance and 

stabilize the value of land and to protect the tax base of the village. 

(7) To place in separate districts manufacturing and commercial activities 

which have different levels of compatibility. Activities with greater potential for conflict 

with non-manufacturing activities shall be placed in the "M", Manufacturing District. 

Activities which are less likely to conflict with non-manufacturing activities, but which 

would be appropriate in the "M" district, shall be allowed in the Manufacturing-Limited 

District. 

(8) To provide space for a variety of less objectionable manufacturing and 

commercial activities which together are compatible, but which may not be desirable in a 

strictly manufacturing area due to use conflicts with more intense manufacturing 

activities. Such space shall be provided in the "M-L", Manufacturing-Limited District, 

accommodating warehousing, service and selected office uses which by their nature have 

a low level of vehicular and customer traffic generation and a lower potential for 

exhibiting offensive characteristics. 

(B) The following Manufacturing Districts are established: 

M Manufacturing District 

M-L Manufacturing-Limited District 

(For permitted uses, see § 156.044) 

(C) Prohibited Uses. The following uses are hereby expressly prohibited: 

(1) Processing of mineral products including clay, topsoil, cement, lime, 

plaster, asbestos, fertilizer and abrasives;

(2) Lumber mills, sawmills and planing mills; 

(3) Manufacturing, processing and bulk storage of noxious, toxic, corrosive and 

explosive solid liquid or gaseous chemicals, including fireworks manufacture; 

1998 S-2


(4) Manufacturing and processing of coal, petroleum, tar and asphalt products, 

including coke, illuminating gas, linoleum, oilcloth, roofing material and asphalt tile; 

(5) Ore smelters, foundries, blast and open hearth furnaces, Bessemer 

converters, metal ingot, plate, tube and wire and strip mills; 

(6) Processing of animal and vegetable products such as tanneries, distilleries, 

breweries, slaughterhouses, rendering plants, glue, soap, paint and varnish manufacture, 

wool and textile scouring, sizing bleaching and dying. 

(Ord., passed 7-17-89) 

§ 156.026 FARMING DISTRICT. 

(A) Purpose. The purpose of a farming district is to provide an area where 

agricultural activities and related uses may take place with the assurance that the 

subdivisions and residential development of land will not be allowed to diminish the 

agricultural use and change the character of the countryside. Agricultural activities are 

the principal uses, and secondary residential uses are permitted. This district places a 

restriction upon the land area required for the principal agricultural uses. The subdivision 

and residential development of rural property are regulated by the provision of this 

district to reduce the haphazard placement of more intensive residential densities in rural 

areas, and to encourage the continuation of agricultural activities in the rural areas 

surrounding the village. It is further intended to reduce health hazards resulting from 

pollution of the ground, water tables, and drainage areas. 

(B) Objectives. The following objectives may be obtained by the establishment of 

the farming district: 

(1) Conserve lands suitable for agricultural activities for the education, health 

and general welfare of the public. 

(2) Prevent conflicts in uses created by the intrusion of incompatible 

non-agricultural uses. 

(3) Reduce health hazards resulting from pollution of the ground, water tables 

and aquifers, and drainage areas. 

(C) The following farming district is established: 

F Farming 

(Ord., passed 7-17-89)

§ 156.027 PLANNED DEVELOPMENT DISTRICT 

(A) Commercial Districts. Two broad categories of commercial land uses have been 

established for the Planned Development District. Neighborhood Retail (C-1) is intended 

to accommodate smaller 

1998 S-2


scale commercial developments which serve the day to day needs of the local residents. 

The Regional Retail District (C-2) is intended to accommodate larger scale commercial 

developments which serve the broader needs of the region. 

(1) Parking and Roadway Layout for All Commercial Districts. 

(a) Curb cuts for non-divided driveways shall not exceed 25 feet in width. 

Curb cuts for divided driveways shall not exceed 35 feet in width. Medians in divided 

driveways shall be a minimum of ten feet in width and shall contain landscape planting. 

(b) No driveway or parking lot shall be located closer than 20 feet from 

any building. 

(c) No driveway or parking lot shall be located closer than 30 feet from 

any street R.O.W. 

(d) No driveway or parking lot shall be located closer than ten feet from 

any side or rear property line. 

(e) Parking lots are permitted in required front, side and rear yards 

provided that the parking areas are screened from all adjacent residential districts, 

institutional uses and public roadways. Any and all applicable landscape zone 

requirements must be met. 

(2) Neighborhood Retail District (C-1). The Neighborhood Retail District 

(C-1) is for general retail uses which offer the sale of goods and services to the general 

public and which, through characteristics of their operation, serve primarily the day-today 

shopping needs of local residents. The Neighborhood Retail is not intended for those 

uses which, because of their size or nature of operation, generate vehicular or truck traffic 

beyond that normally associated with a neighborhood use. The following regulations and 

guidelines are applicable for this district. 

(a) Uses Permitted. 

Permitted 

Special 

Use Use Use 

Farming 

Grass or sod farm 

Nursery 

Orchard 

Wayside stands 

x 

x 

x 

x

1998 S-2


Use 

Permitted 

Use 

Special 

Use 

Agricultural Business 

Boarding stable 

Dairy farm 

Feed and grain sales 

Greenhouse, commercial 

Kennel/boarding 

Livery stable 

Riding stable 

Seasonal sale of local farm products 

Veterinary clinic 

Automotive 

Agricultural implement sales 

and service 

Ambulance service and garage 

Automotive car wash and/or 

detailing (free standing) 

Automobile rental 

Automobile repair, major 

Automobile sales new (showroom) 

(can contain used car sales component) 

Automobile service 

Boat sales 

Garage, bus or truck 

Auto sales (used) 

Gasoline service station (with 

or without minor repair) 

Gasoline service station (with 

or without minor repair 

but with carwash) 

Gasoline station (retail 

nonbulk sales) 

Mobile home sales 

Motorcycle showroom and service 

Outside storage of vehicles 

Recreational vehicle sales/service 

Taxicab garage 

Trailer rental 

Truck rental 

Truck repair 

Truck sales new (showroom) 

Truck sales (used) 

1998 S-2 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x


Use 

Permitted 

Use 

Special 

Use 

Commercial Recreation 

Amusement park 

Baseball field & baseball driving range 

Billiard parlor 

Boat launching ramp and/or marina 

(for non-motorized or less than 

10 h.p. craft) 

Boat rental, storage 

Bowling alley 

Club, private indoor 

Club, private outdoor 

Dance hall 

Game room 

Golf course 

Golf driving range 

Health club or gymnasium 

Indoor rifle/pistol shooting range 

Miniature golf 

Motion picture theatre 

Park, commercial recreation 

Rod and gun club 

Soccer field 

Swimming pool, indoor private club 

Tennis/Racquetball club, private 

Theatre (Enclosed) 

Theatre (Drive-in) 

Commercial Service 

Advertising agency 

Appliance service only 

Blueprint/photostat/copy shop 

Business machine repair 

Exterminating and fumigating 

Furniture repair and refinishing 

Newspaper, publisher 

Office equipment & supplier sale 

Outdoor sales and service 

Radio and television studio 

(without tower) 

Real estate office 

Stenographic service 

Mini-storage/Mini-warehouse 

1998 S-2 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x


Permitted 

Special 

Use Use Use 

Financial 

Bank 

Credit union 

Currency exchange 

Personal loan agency 

Savings and loan association 

x 

x 

x 

x 

x 

Food Service 

Carry-out food service 

Catering service 

Drive-in food service 

Drive-thru food service 

Frozen food locker 

Ice cream shop 

Restaurant 

Soft drink stand 

Tavern 

Night club/discotheque 

Office 

Bookkeeping service 

Corporate headquarters 

Detective agency 

Employment office 

Engineering office 

Income tax service 

Insurance office/agency 

Manufacturers agent office 

Professional offices (also see: 

Public uses - Health care) 

Public accountant 

Stockbroker 

Telegraph office 

Ticket office 

Title company 

Travel agency 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x

1998 S-2


Use 

Permitted 

Use 

Special 

Use 

Personal Services 

Barber shop 

Beauty shop 

Catalog sales office 

Clothes, pressing and repair 

Dressmaker, seamstress 

Funeral home, mortuary 

Interior decorating studio 

Laundry, cleaning & dying-retail 

Locksmith 

Photography 

Reading boom 

Reduce salon, masseur, steam bath 

Shoe and hat repair 

Tailor 

Taxidermist 

Weaving & mending—custom 

Hotel/Motel 

Retail Sales 

Antique sales 

Appliance sales 

Art Gallery/art studio sales 

Art supply store 

Auto accessory store 

Bakery 

Bicycle shop 

Bookstore 

Camera shop 

Cigar, cigarette & tobacco store 

Clothing store 

Craft store 

Department store 

Drug store 

Fish market—retail 

Floor covering sales 

Florist sales 

Fruit and vegetable market—retail 

Furniture sales, new 

Furniture sales, old 

Gift shop 

1998 S-2 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x


Permitted 

Special 

Use Use Use 

Retail Sales 

Grocery shop, convenience center 

Grocery store, retail 

Hardware store, retail 

Health food store 

Hearing aid store 

Hobby shop 

Household furnishings shop 

Jewelry, retail 

Leather goods 

Liquor store 

Magazine and newsstand 

Meat market 

Music, instrument & record store 

Outdoor sales and service 

Paint and wallpaper store 

Pet shop 

Picture frame shop 

Secondhand store 

Souvenir, curio shop 

Sporting goods 

Stationery store 

Swimming pool & ass. fixtures 

Toy store 

Typewriter sales 

Upholstery shop 

Watch, clock - sales and repair 

Construction 

Electrical equip. sales/fixtures 

Plumbing supplies & fixture sales 

Pump sales 

Industrial Service 

Mirror & glass supply, refinish 

Upholstery shop 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x

1998 S-4 Repl.

Zoning Code 

246A 

Permitted 

Special 

Use Use Use 

Education 

Art, charm, dancing, 

dramatic/music schools 

Church or church school 

College, university or junior college 

Commercial or trade school, or other 

school offering training 

Day care nursery school 

School for mentally or physically 

handicapped 

Trade; vocational school 

High school & grade school (K-12) 

Health Care 

Child care institution 

Hospital, communicable disease 

Hospital, general 

Hospital or treatment center 

for alcoholism, drug addiction 

or similar affliction 

Medical laboratory 

Mental health clinic 

Mental hospital 

Nursing home 

Professional doctor office or clinic 

Sheltered care home 

Public Facilities 

Armory 

Government office & services 

Library 

Museum 

Post office 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x

1998 S-4 Repl.

246B 



Use 

Permitted 

Use 

Special 

Use 

Public Recreation 

Community center 

Golf course/private club/country club 

Gymnasium 

Park 

Playground 

Sports arena 

Stadium 

Swimming pool, indoor 

Tennis courts, indoor 

Tot lot 

Public Utility 

Sub-station 

Telephone exchange 

Water storage tank, well (municipal) 

Transportation 

Parking garage, public 

Parking area, public 

Temporary Uses 

Real estate sales office 

Religious 

Church or other place of worship 

Rectory 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

District: 

(b) The following site standards shall apply in a C-1 Neighborhood Retail 

1. Lot area: Seven acres minimum 

2. Lot width: 450 feet minimum frontage 

3. Lot coverage: 30% maximum, with a maximum F.A.R. of .5 

4. Building setbacks: 

Front: 50 feet minimum 

1998 S-2


Side: 30 feet minimum 

Rear: 30 feet minimum 

Abutting a street: 50 feet minimum 

Abutting a landscape zone: 25 feet minimum 

Yard abutting a golf course: 15 feet additional setback 

Building to building: 35 feet minimum 

5. Parking/drive setbacks: 





To buildings: 15 feet minimum 

6. Maximum building height: 2 stories, 35 feet maximum. 

7. Open space requirements: 25% of total site. Open space excludes 

paved surfaces parking lots, buildings and structures. 

(3) Regional Retail District (C-2). The Regional Retail District (C-2) is for 

larger retail developments. Typically, the Regional Retail District is intended for uses 

which, because of their size or nature of operation, generate higher volumes of vehicular 

or truck traffic. This category is not normally associated with the day-to-day shopping 

needs of local residents. The following regulations are applicable for the Regional Retail 

district: 

(a) Uses Permitted. All uses permitted in the C-1 list and the following: 

Permitted 

Use 

Special 

Use 


Game room 

Rink, roller/skating/skateboard 

x 

x 

Office 

Offices for executive or 

administration purposes 

Utility office 

x 

x

1998 S-2



Hotel, motel 

Retail Sales 

Permitted 

Use 

x 

Special 

Use 

Shopping centers (all shopping 

centers shall be planned developments) 

Dry goods store—retail 

Junior department store, variety store 

x 

x 

x 


Auditorium 

x 


Heliport 

District. 

District: 

(b) All special uses in the C-1 District shall also be special uses in the C-2 

(c) The following site standards shall apply in a C-2 Regional Retail 

x 

1. Lot area: 15 acre minimum 


3. Lot coverage: 30% maximum, with a maximum F.A.R. of .5 





Abutting a Street: 70 feet minimum 








1998 S-2




6. Building height: 3 stories, 45 feet maximum 


paved surfaces, parking lots, buildings and structures. 

(4) Additional Site Standards—Gasoline Service Station. The provisions of this 

section shall apply to all new service stations and other places where motor vehicle fuels 

are dispensed to the public. Gas and service stations will be permitted in Commercial 

Districts subject to the following additional site standards. 

Unless otherwise noted in this section, all previously established general Commercial 

District regulations will apply to service station uses. 

(a) Uses Subject to Additional Site Standards. Dispensing and/or 

installation of gasoline, diesel fuels, oil, grease, tires, batteries, replacement parts for 

motor vehicles, convenience stores, mini marts and car washes (special use) in 

conjunction with a service station. All such uses shall be conducted within a completely 

enclosed building. 

1998 S-2 

(b) The following site standards shall apply to these uses. 

1. Lot area: 0.6 acres minimum 


3. Lot coverage: No maximum 

4. Building setbacks (excluding canopies): 








Building setbacks (canopies): 


Side and rear: 20 feet minimum 


5. Parking/drive setbacks:








6. Building height: 1 story 



(d) Parking and Loading Requirements for Service Stations. 

1. Vehicles shall not be parked on the premises other than in 

designated parking spaces. 

2. No overnight parking shall be permitted except within fully 

enclosed buildings. 

3. All service stations which include car wash installations shall 

provide adequate stacking distance for a minimum of four vehicles at the entity of the 

facility. Parking areas for air and water servicing, drying and vacuuming shall be 

provided. 

4. Tow trucks shall be parked within approved parking spaces. Such 

spaces shall be located to the rear of the property, shall be screened from public view and 

shall be clearly identified on submitted development plans. 

5. No on-site storage of towed vehicles, other than those stored 

temporarily for minor repair, will be permitted. 

6. Loading facilities to serve convenience marts and fuel tanks shall be 

located such that they do not block or restrict circulation drives. 

(5) Additional Site Standards—Freestanding Buildings—Excluding Drive 

Throughs. This section establishes regulations and setbacks for free standing sites 

developed on individual parcels within a Commercial District. Pad sites are typically 

intended for restaurant uses or financial institutions. Pad site developments will be 

allowed in Commercial Districts subject to the following additional site standards. 

These regulations are established to ensure a high quality of design for free standing pad 

site developments. Unless otherwise noted in this section, all previously established 

general Commercial District regulations will apply to these pad site uses. 

(a) Uses Subject to Additional Site Standards. 

1998 S-2


1. Restaurants and eating establishments with inside eating areas, but 

excluding drive-throughs. 

2. Financial institutions. 

(b) The following site standards shall apply to these uses: 


2. Minimum lot width: 200 feet on any street having a driveway 

3. Lot coverage: 30% maximum 
















6. Maximum building height: 2 stories 


paved surface parking, walks, all buildings and structures. 

(c) Parking and Loading Requirements. 

1. Parking areas for pad site uses shall be separated from internal 

retail center drives by a planted median no less than ten feet in width. 

2. Curb cuts for a pad site shall not be permitted within 100 feet of 

any street intersection or street corner. 

1998 S-2


3. No internal retail center drive or parking lot shall be located closer 

than ten feet from any building. 

(6) Additional Site Standards—Pad Site Developments Within a Retail 

Center—Excluding Drive-throughs. This section establishes regulations and setbacks for 

pad sites developed as an integral part of a retail development within a Commercial 

District. Pad sites are typically intended for restaurant uses and financial institutions. 

Pad site developments of this nature will be allowed subject to the following additional 

site standards. 

These regulations are established to ensure a high quality of design for integrated pad site 

developments. Unless otherwise noted in this section, all previously established general 

Commercial District regulations will apply to these pad site uses. 


1. Restaurants and eating establishments with inside eating areas, but 

excluding drive-throughs. 

2. Financial institutions. 

(b) The following site standards shall apply to any use granted under this 

division (A)(7): 

1. Lot area: Not applicable 

2. Lot width: Not applicable 















1998 S-2





7. Open space requirements may be shared with the overall retail site, 

as long as all minimum requirements for the entire development are met. Open space 

excludes paved surface parking, walks, all buildings and structures. 


1. Parking areas for integrated pad site uses may be shared within 

retail or commercial developments. 

2. Curb cuts for a pad site shall not be permitted within 100 feet of 

any street intersection or street corner. 

3. No internal retail center drive or parking lot shall be located closer 

than ten feet from any building. 

(7) Additional Site Standards - Pad Sites Containing Drive-Through Facility. 

This section establishes additional regulations and setbacks for all pad site developments 

containing a drive-through facility. Pad site developments with drive-through facilities 

will be allowed in Commercial Districts subject to the following additional site standards. 

These regulations are established to ensure a high quality of design for pad site 


Commercial District regulations will apply to these uses. 


1. Restaurants and eating establishments with drive-through facilities. 

2. Financial institutions with drive-through tellers. 

sub-section: 

(b) The following site standards shall apply to any uses granted under this 


2. Lot width: 200 feet minimum 



1998 S-2








Yard abutting a golf course: 15 feet additional 

5. Drive-through canopies: 


Side and rear: 10 feet minimum 

Yard abutting a golf course: 15 feet additional 








7. Maximum Building Height: 2 stories 

8. Open space requirements may be shared with the overall retail site, 

as long as all minimum requirements for the entire development are met. Open space 

excludes paved surface parking, walks, all buildings and structures. 


1. Curb cuts for any drive-through establishment shall not be 

permitted within 100 feet of any street intersection or street corner. 

2. Drive-through lanes shall be separated from open parking areas, 

drive aisles or adjacent commercial uses by a ten foot wide planted median. 

3. All establishments with a drive through shall provide adequate 

stacking distance for a minimum of ten vehicles. 

(8) Additional Site Standards—Hotel. This section establishes additional 

regulations for all hotel developments. Hotel developments will be allowed in 

Commercial Districts subject to the following additional site standards. 

1998 S-2


These regulations are established to ensure a high quality of design for hotel 


Commercial District regulations will apply to these uses. 


1. Hotel accommodations 

2. Convention and conference accommodations 

(b) Accessory Use Permitted. 

grade level. 

1. Parking structures, not to exceed three stories in height above 

(c) The following site standards shall apply to any uses granted under this 

division (A)(8): 

1. Lot area: Four acres, minimum 

2. Lot width: No minimum width 









Yard abutting a golf course: 15 feet additional feet 









1998 S-2


7. Building F.A.R.: .5 maximum 

8. Maximum accessory use height: 5 stories 


driveways, parking lots, buildings and structures. 

(d) Parking and Loading Requirements. 

1. Parking areas for integrated hotel site uses may be shared within 

retail or commercial developments. 

(B) Corporate Office Districts (O). An office category has been established in the 

Planned Development District. The Corporate Office (O) District is intended to 

accommodate either single user developments or "campus" style multi-user 

developments. 

(1) Permitted Uses in Corporate Office Districts. 

Research, development and laboratories 

Service industries 

Administrative, professional, general business and medical offices 

Financial institutions 

Health and recreational facilities 

Government office and services 

Parks, greenways and open space 

Parking structures, not to exceed five stories in height above grade level 

Golf courses 

Hotels 

Day care facilities 

(2) Yard and Building Setback Exceptions in Corporate Office Districts. The 

following architectural elements shall be allowed to project into or be constructed in any 

required yard or building setback zone, but such exceptions to established setbacks shall 

not be allowed to extend beyond the property line. 

(a) Roof projections, overhangs and porte-cochere may extend into a 

required front, side or rear building setback zone a maximum of 20 feet. 

(b) Open terraces, plazas and steps to a building may extend into required 

front and side building setback zones to a maximum of ten feet. 

(3) Parking and Roadway Layout for Corporate Office Districts. All parking 

areas, entry drives and roadways should be designed to provide easy and safe access 

from the street and a clean and simple on-site circulation system within each corporate 

development. All parking areas, entry drives and roadways must be designed to provide 

a pleasant view from adjacent properties or perimeter 

1998 S-2


streets. Parking areas must contain perimeter and internal planting areas to break up 

expanses of paving. Parking and roadway layout requirements for corporate office 

developments are as follows: 

(a) No driveway or curb cut shall exceed 25 feet in width. 


any building. 



(d) No driveway or parking lot shall be located closer than 25 feet from 


(e) Parking lots are permitted in front, side and rear building setback zones 

provided that the parking areas are screened from all adjacent residential districts, 

institutional uses and public roadways. Any and all applicable landscape zones must be 

met. 

(f) In situations where the long side of an open or uncovered parking space 

is adjacent to a wall, building, fence, or other obstruction, the size of that parking space 

shall be increased by two feet beyond the minimum required width. 

(4) The following site standards shall apply to (O) Office Districts: 

(a) Lot area: Two acres, minimum 

(b) Lot width: No minimum width 

(c) Lot coverage: 30% maximum 

(d) Building setbacks: 






Yard abutting a golf course: 15 additional feet 


Abutting a tollway or interstate highway: 100 feet 

(e) Parking/drive setbacks: 



1998 S-2





(f) 1. Maximum building height: Within 1000 lineal feet of an interstate 

highway or tollway, 30 stories, 390 feet 

2. Maximum building height, general: 15 stories, 200 feet 

(g) Maximum accessory use height: 3 stories 

(h) Building F.A.R.: 5 maximum 

(i) Open space requirements: 30% of total site. Open space excludes 

driveways, parking lots, buildings and structures. 

(5) The following uses are allowed as a special use in the “PPD-O” Planned 

Development Office District: 

(a) Age restricted congregate care/living facilities; 

(b) Assisted living facilities; 

(c) Long-term care facilities; 

(d) Nursing homes. 

(e) Building to building. 

1. Building to garage: 31 feet; 

2. Garage to drive: 4 feet; 

3. Parking/drive front setback: 30 feet; 

4. Parking/drive side/rear setback: 10 feet; 

space; 

5. Floor area ratio: .5 up to .75 with FAR exemption, .8 if 45% open 

6. Parking: independent senior living/housing unit is 1.0 spaces per 

unit; congregate care is 1.0 spaces per unit with a land back option of .25; extended care 

facility is .75 spaces per unit with an option to land back up to .25. 

(C) Business Park Districts (BP). 

2001 S-5


(1) Permitted Uses. 

uses 

Those uses permitted in Corporate Office (O) District 

Distribution, storage and warehousing 

Light manufacturing and assembly 

Service industries 

Administrative and professional business offices associated with permitted 

Park, greenways and open spaces golf courses 

(2) Parking and Roadway Layouts for the Business Park District. 

(a) Curb cuts for non-divided driveways shall not exceed 25 feet in width. 

Curb cuts for divided driveways shall not exceed 35 feet in width. Medians in divided 

driveways shall be a minimum of ten feet in width and shall contain landscape planting. 

(b) Parking lots are permitted in required front, side and rear building 

setback zones provided that the parking areas are screened from all adjacent residential 

districts, institutional uses and public roadways. Any and all applicable landscape zone 


(3) The following site standards shall apply to the Business Park District: 

a. Lot area: 1 acre, minimum 

b. Lot width: No minimum width, but must be able to meet site 

requirements 

c. Lot coverage: 50% maximum 

d. Building setbacks: 








e. Parking/drive setbacks: 






To buildings: 20 feet minimum (front) 

To buildings: 10 feet minimum (side and rear) 

2001 S-5

Zoning Code 

260A 

f. Building height: 3 stories, 45 feet maximum 

g. Building F.A.R.: .5 maximum 

h. Open space requirements: 25% of total site. Open space excludes 


(4) All business park uses are subject to the village industrial performance 

standards. 

(D) Single Family Residential Development. The standards and regulations 

described in the following paragraphs and exhibits will guide development for the Single 

Family Residential Districts within the Planned Development District. 

(1) Permitted Uses in All Single Family Residential Districts. 

Single family dwellings 

Public and private recreational facilities and buildings 

Open space park and greenways 

Church or other place of worship 

2001 S-5

260B 



Fences, walls and trellises 

Swimming pools (inground only) 

Guardhouse or gatehouse 

Tennis courts 

Golf courses 

Municipal buildings 

Schools 

(2) Parking Regulations in All Single Family Residential Districts. 

(a) The parking or storage of trucks, trailers, boats or other vehicles with 

any designation other than a class "B" license plate is prohibited in any Single Family 

District or in any private parking areas adjacent to any single family uses. 

(b) The storage or overnight parking of any boat, trailer, camper, truck or 

non-operable vehicles shall be prohibited in any residential area unless it is parked within 

a fully enclosed garage. 

street. 

(c) Overnight on-street parking is prohibited on any residential district 

(3) Yard and Building Setback Exceptions in All Single-Family Residential 

Districts. The following architectural elements shall be allowed to project into or be 

constructed in any required yard or setback, but such exceptions to established setbacks 

shall not be allowed to extend beyond the property line. 

(a) Roof projections may extend into a side building setback zone a 

maximum of two feet and may extend into a front or rear building setback zone a 

maximum of four feet. 

(b) Open terraces, non-enclosed porches and steps to a dwelling may 

extend into front and side building setback zones to a maximum of four feet. 

(c) Open terraces, swimming pools, tennis courts and non-screened 

porches may extend into the rear yard, but may not encroach into the rear building 

setback zone more than three-quarters of the required rear building setback. Swimming 

pools and tennis courts may not extend into the side building setback zone. 

(d) Bay windows may extend into all building setback zones, but may not 

extend more than two feet. 

(e) Chimneys may extend into all building setback zones, but may not 

extend more than 18 inches. 

(f) Screening fences and walls in side yards that are adjacent to a street 

may extend into the side building setback zone. Fences and walls may be no closer than 

20 feet to any street R.O.W. 

(4) Estate Residential District (ER). Land designated as Estate Residential 

(ER) is for residential development that has a density no greater than one dwelling per net 

acre. The following regulations and guidelines are applicable for the ER district: 

2000 S-4


2000 S-4 

(a) Permitted Uses in All ER Districts. 

1. Single family detached dwelling 

2. Golf course and country club 

3. Community entry gate house or guard station 

4. Garages, attached or detached 

5. Municipal buildings 

6. Schools 

(b) Uses Subject to a Special Use Permit. 

1. Riding stable 

2. Day care or nursery school 

3. Parochial or private school 

4. Government office and services 

5. Health care facilities 

(c) The following site standards shall apply in a ER Development. 

1. Lot area: 43,560 S.F. minimum 


3. Lot coverage: 20% Maximum, includes primary and secondary use 

buildings only. 




Combined side yard: 40 feet minimum 




6. Parking requirements: Minimum of 2 spaces per dwelling


7. Open space requirements: 50% minimum. Open space excludes 

driveways, parking aprons; buildings and structures. 

(5) Estate Residential District (ER-1). Land designated as Estate Residential 

(ER-1) is for residential development that has a density of not less than 1 nor more than 

2.2 dwellings per net acre. The following regulations and guidelines are applicable for 

the ER-1 district: 


Single family detached dwelling 

Golf course and country club 

Community entry gate house or guard station 

Garages, attached or detached 


Swimming pools (in-ground only) 

Tennis courts 


Schools 


Riding stable 

Day care or nursery school 

Parochial or private school 


Health care facilities 

(c) The following site standards shall apply in an ER-1 Neighborhood 

Retail District: 



3. Lot coverage: 20% maximum, includes primary and secondary use 

buildings only 



Side: 15 feet minimum combined side 

Yard: 40 feet minimum 



1998 S-2



6. Parking requirements: Minimum of 2 spaces per dwelling 


driveways, parking aprons, buildings and structures. 

(6) Estate Residential District (ER-2). Land designated as Estate Residential 

(ER-2) is for residential development that has a density of not less than 2.3 nor more than 

3.4 dwellings per net acre. The following regulations and guidelines are applicable for 

the ER-2 district: 



Golf course and country club 

Community entry gate house or guard station 

Garages, attached or detached 


Schools 


Day care or nursery school 




(c) The following site standards shall apply in an ER-2 Development: 




buildings only. 







1998 S-2






(7) Single Family Residential District (SF-1). Land designated as Single 

Family Residential (SF-1) is for residential development that has a density of between not 

less than 3.5 nor more than 5.2 dwelling units per net acre. The following regulations 

and guidelines are applicable for the SF-1 district: 


Single family detached dwellings 

Garages attached and detached 


Golf courses 


Schools 






(c) Site Standards (SF-1). 

1. Lot area: 8400 square feet minimum 










1998 S-2






(8) Garden Residential District (SF-2). Land designated as Garden Residential 

(SF-2) is for residential development that has a density of not less than 5.3 nor more than 

7.9 dwelling units per net acre. The following regulations and guidelines are applicable 

for this district: 

1998 S-2 


Single family detached dwellings 

Single family attached dwellings 

Zero lot line dwellings 

Garages and carports 


Golf courses 


Schools 






(c) The following site standards shall apply in an SF-2 Development: 

1. Lot area: 6,500 square feet minimum 




4. Building setbacks. 





Rear: 30 feet minimum




7. Open space requirements: 30% minimum. 

structures. 

8. Open space excludes driveways, parking aprons, buildings and 

(E) Multi-Family Residential Development. The standards and guidelines described 

in the following paragraphs and exhibits will guide development for the Multi-Family 

Residential districts within the Planned Development District. 

(1) Permitted Uses in All Multi-Family Residential Districts. 

Public and private recreational facilities and buildings 

Open space, parks and greenways 

Garages and carports 


Swimming pools (in-ground only) 


Tennis courts 

Golf courses 


Schools 

(2) Parking and Roadway Regulations in All Multi-Family Residential 

Districts. 

(a) No driveway or curb cut shall exceed 25 feet in width. Driveways with 

extended turning radii and divided driveways may be permitted to exceed this width upon 

approval in writing from the ARB and the village. 


any building. 



(d) No driveway or parking lot shall be located closer than ten feet from 


(e) Parking lots are permitted in required front, side and rear yards 

provided that the parking areas are screened from all adjacent residential developments, 

institutional uses and public roadways. Any and all applicable landscape zone 


1998 S-2


(3) Yard and Building Setback Exceptions in all Multi-Family Residential 

Districts. The following architectural elements shall be allowed to project into or be 

constructed in any required yard or setback, but such exceptions to established setbacks 

shall not be allowed to extend beyond the property line. 

(a) Roof projections may extend into a front, side or rear building setback 

zone a maximum of four feet. 

(b) Open terraces, non-enclosed porches and steps to a dwelling may 

extend into front, side or rear setback zone to a maximum of four feet. 

(c) Bay windows may extend into all building setback zones, but may not 

extend more than two feet. 

18 inches. 

(d) Chimneys may extend into all building setback zones to a maximum of 

(e) Screening fences and walls in side or rear yards that are adjacent to a 

street may extend into the building setback zone. Fences and walls may be no closer than 

20 feet to the street R.O.W. or the property line. 

(f) Open terraces, swimming pools, tennis courts and non-enclosed 

porches may extend into the rear yard, but may not encroach into the rear building 

setback zone more than one half of the required rear building setback. Swimming pools 

and tennis courts may not extend into the side building setback zone. 

(4) Villa Residential Development (MF-1). Land designated as Villa 

Residential is for residential development that has a density of not less than 12 nor more 

than 16 dwellings per net residential acre. The following regulations and guidelines are 

applicable for the MF-1 district. 



Single family attached dwellings, including but not limited to 

townhomes, duplexes, triplexes, fourplexes and condominiums 

Golf courses 


Schools 




Government office and service 


1998 S-2


(c) The following site standards shall apply in a MF-1 Residential 

Development. 

1. Lot area: Ten acres, minimum 


3. Site coverage: 30% maximum, includes only primary and 

secondary buildings 














maximum 

6. Building height: 3 stories living area plus 1 story parking, 85 feet 

7. Open space requirements: 30% of total site. Recreational facilities 

such as tennis courts and pools shall be considered as open space. Open space excludes 


(5) Multi-Family Residential District (MF-2). Land designated as 

Multi-Family Residential (MF-2) is for residential development that has a density of not 

less than 16 nor more than 24 dwellings per net residential acre. The following 

regulations and guidelines are applicable for the MF-2 district. 



Single family attached dwellings, including but not limited to 

townhomes, duplexes, triplexes, fourplexes and condominiums 

Multi-family dwellings 

Golf courses 


Schools 

1998 S-2






(C) The following site standards shall apply in a MF-2 Residential 

Development. 

1. Lot area: Ten acres, minimum 
















6. Building Height: 3 stories living area plus 1 story parking, 60 feet 

maximum. Enclosed and covered parking shall be allowed. Drives into enclosed garages 

shall be allowed to count as a required parking space. 

7. Open space requirements: 25% of total site. Recreational facilities 

such as tennis courts and pools shall be considered as open space. Open space excludes 


(F) Extraction District (E). Extraction of all earth products to be utilized within the 

PDD or to be moved outside the PDD for non-commercial purposes shall be a permitted 

use in this District. If excavated earth products are utilized or otherwise moved outside 

the PDD for commercial sale, a Special Use permit issued by the Village Board of 

Trustees must be received. It is the intention to utilize said extraction to create water 

bodies and drainage systems as amenities to development in the PDD as well as to 

provide materials for construction. Land contouring and sculpting to visually enhance 

and complement the PDD are anticipated results of the operations in this District. 

1998 S-2


(1) Uses Permitted. 

Commercial extraction, including the extraction of minerals, sand, gravel, 

topsoil and other aggregates; and 

Screening, crushing, mixing, washing, grinding, and storage thereof; and 

concrete batching plants, ready-mix facilities, and plants producing bituminous products 

and asphalt; and 

Operation and construction of all buildings, structures and equipment to 

accomplish the foregoing. 

(2) Overlay District. The Extraction District is an "overlay" district on the 

underlying zoning classifications. The Zoning and Concept Plan adopted concurrently 

with this PDD Ordinance shows this Extraction District as a hatched area "overlaying" 

other zoning districts ("Underlying Zoning Districts"). Both (1) uses allowed by the 

Underlying Zoning District, as well as (2) uses allowed under the Extraction District, are 

permitted uses within these areas. The uses allowed in this Extraction District are 

permitted prior to building permits being issued for any uses in the Underlying Zoning 

District. Once building permits are issued for any Underlying Zoning District, only uses 

permitted in said Underlying Zoning District shall be allowed. 

(3) Site Standards for Extraction Districts. Notwithstanding any other 

provision contained in any village ordinance or regulation, the conduct of extraction 

operations on the property shall not be subject to or limited by the use, bulk, yard, and 

other limitations contained in village ordinances, but to only the following specific 

restrictions which shall apply to the conduct of extraction operations: 

(a) All exterior lighting, building and parking lot lights and landscape 

lighting shall be directed away from adjacent highways, streets and properties. 

(b) No open pit shall be less than 25 feet plus the product of 1½ times the 

depth of said pit or shaft from any public road or right of way. Final side slopes of any 

excavation in an extraction operation after rehabilitation shall be 5:1. 

(c) At any time, upon notice to developer and owner, village and its duly 

authorized officials and agents shall have access to all extraction operations. 

(d) Extraction operations shall be conducted pursuant to applicable county, 

state, and federal laws and regulations including, but not limited to, the State of Illinois 

Surface-Mined Land Conservation and Reclamation Act (ILCS Ch. 225, Act 715, §§ 1 et 

seq.), the Illinois Environmental Protection Act (ILCS Ch. 415, Act 5, §§ 1 et seq.), and 

the applicable rules and regulations of the United States and Illinois Environmental 

Protection Agencies (the "EPA"). 

1998 S-2


(e) A map (1 inches = 100') depicting the general plan for proposed 

operations and rehabilitation of the site must be included depicting: 

1. The locations of proposed watercourses and drainage systems, 

including lakes, ponds and retention areas; 

measures; 

2. The sequence of operations and the schedule of rehabilitation 

3. The proposed locations of storing, grading, crushing and similar 

equipment necessary to the operation and initial distribution of the excavated products; 

4. The proposed locations of any buildings, scalehouse, equipment 

storage areas, and equipment repair sheds or areas; 

5. Site rehabilitation plan shall include proposed future land uses, 

proposed roadways, park lands and recreation features. 

(f) The operation and rehabilitation of extractive products areas shall be in 

accordance with the following conditions: 

1. Buildings, structures and storage or repair areas shall be located in 

conformance with yard requirements of the zone in which they are located. 

2. Access ways and roads shall be maintained in a dust-free condition 

either by oiling, by spraying with calcium chloride or paving where applicable. 

3. Perimeter roads shall be buffered from extraction activities with 

earth mounds at least ten feet in height, which store topsoil. Mounds shall be planted 

with grass or other suitable material, such as viburnum, as an erosion retardant. 

4. All loads of extracted materials removed from the site shall be 

covered with tarpaulins to insure public safety and prevent damage to individuals or their 

vehicles. 

5. All operations shall be conducted in a safe manner, especially with 

respect to hazards to persons, damage to adjacent lands or improvements, and damage to 

any street by slides, sinking or collapse of supporting soil adjacent to an excavation. All 

operations shall be fenced. No extraction operation shall be conducted in a manner so as 

to lower the water table affecting adjacent landowners. This determination is to be made 

from data secured from testing wells installed, located, operated and maintained by the 

operator on the perimeter of the excavation site. 

6. No excavation, removal or fill shall be permitted if the finished 

conditions would contain the following: 

a. Deep pits having side slopes of greater than 30 degrees; 

1998 S-2


b. Serious on-site erosion problems or erosion problems which 

could extend to neighboring properties; 

c. Undrained depressions other than artificial lakes or drainage 

problems which adversely affect neighboring properties. 

7. No processing and stockpiling operations shall be conducted closer 

than 660 feet from any inhabited estate, residential, commercial or office building or 

within 660 feet of any occupied public or private educational facility or medical facility. 

All processing operations should be enclosed whenever possible. Stockpile areas shall be 

screened from view. 

8. Crushing operation in the Extraction District shall be confined to 

Monday through Friday from 7:00 a.m. to 7:00 p.m. and Saturday from 8:00 a.m. to 4:00 

p.m. 

(g) Special use permits for the extraction of earth products shall be issued 

for a period of time not to exceed twenty years. Such permits are renewable for 

additional five-year periods. 

(h) A corporate surety bond or guaranteed letter of credit shall be furnished 

to the village to assure compliance with the approved rehabilitation map. The bond or 

letter of credit shall be in the amount of $100,000 or $1,000 per acre, whichever is 

greater, for the completion of operations and the rehabilitation of the tract. 

(G) Park And Open Space Development Guidelines (P). Land is designated as Park 

and Open Space (P) to maintain select existing physical features for general public use 

and enjoyment as passive and active recreational areas. There are a number of 

components which are contained within the Park and Open Space District. These 

include: public and private parks, wetlands, lakes, ponds, creeks, drainageways, golf 

courses, greenways, pedestrian pavements and landscape zones. The standards and 

guidelines described in the following paragraphs will guide development for the Park and 

Open Space Districts within the village. 

(1) Uses Permitted. 

Greenways 

Parks and recreational facilities 

Golf courses and facilities 

(H) Site Building Coverage And "FAR" Exemptions. An increase in maximum site 

building coverage and FAR shall be granted for developments which abut a golf course, 

greenway, parks, or open bodies of water, which demonstrate quality design, and which 

adhere to all of the other provisions of the site planning standards pertaining to that 

particular use. Site building coverage and F.A.R. increases up to 25% may be allowed, 

not to exceed a maximum of .5 F.A.R. 

For purposes of this provision, quality design considerations include: superior visual 

buffering; visually creative massing of buildings and plant materials; creative use of 

building materials; creative site

1998 S-2


lighting; visually pleasing combinations of plant materials, hardscape and grading; noise 

attenuation measures; creative use of water; effective use of trees; and, ease of 

maintenance. 

(Ord., passed 7-29-92; Am. Ord. 99-03-25-01, passed 3-25-99; Am. Ord. 99-03-25-04, 

passed 3-25-99; Am. Ord. 00-02-17-02, passed 2-17-00) 

§ 156.028 ZONING MAPS. 

The locations and boundaries of the districts established herein are shown upon the 

Zoning Map which is hereby incorporated into this chapter. The Zoning Map, together 

with all notations, reference and other information shown thereon and all amendments 

thereto, shall be a part of this chapter and shall have the same force and effect as if the 

Zoning Map, together with all notations, references, and other information shown 

thereon, were fully set forth and described herein. 

(Ord., passed 7-17-89) 

§ 156.029 BOUNDARY LINES. 

Wherever any uncertainty exists as to the boundary of any district as shown on the 

zoning maps incorporated herein, the following rules shall apply: 

(A) Where district boundary lines are indicated as following streets, alleys or similar 

rights-of-way, they shall be construed as following the center lines thereof. 

(B) Where district boundary lines are indicated as approximately following lot lines, 

such lot lines shall be construed to be such boundaries. 

(C) Where a lot (as distinguished from acreage) held in one ownership and of record 

at the effective date of this chapter is divided by a district boundary line, the entire lot 

shall be construed to be within the less restrictive district; provided that this construction 

shall not apply if it increases the area of the less restricted portion of the lot by more than 

20%. 

(D) In subdivided property, unless otherwise indicated, the district boundary line on 

the map accompanying and made a part of these regulations shall be determined by the 

use of the scale contained on such map. 

(Ord., passed 7-17-89) 

§ 156.030 ZONING OF STREETS, ALLEYS, PUBLIC WAYS AND RAILROAD 

RIGHTS-OF-WAY. 

All streets, alleys, public ways and railroad rights-of-way, if not otherwise 

specifically designated, shall be deemed to be in the same zone as the property 

immediately abutting upon such alleys, streets, 

2001 S-5


public ways and railroad rights-of-way serving as a district boundary, the zoning of such 

areas, unless otherwise specifically designated, shall be deemed to be such center line. 

(Ord., passed 7-17-89) 

§ 156.031 NEW OR ANNEXED LAND. 

Submerged land which may be reclaimed hereafter and land which may be annexed 

to the village hereafter and which is not shown on the zoning map made part of this 

chapter, shall be classified as RE-1 Residential Estate until such time as the Village 

Board designates a different classification in accordance with the provisions of this 

chapter, or shall be classified as one of the other districts established above in accordance 

with a pre-annexation agreement with the village and following a public hearing as 

provided by law. 

(Ord., passed 7-17-89) 

§ 156.032 LOT AREA, YARD AND BULK REGULATIONS. 

For lot area, yard and bulk regulations, see Table 1. 

(Ord., passed 7-17-89) 

§ 156.033 LOT AREA. 

(A) Any principal use together with all accessory uses shall be on a lot having an 

area as shown in Table 1, Column 3. 

(B) The minimum lot area for two family, multiple family, and townhouse and any 

other attached dwellings shall be the sum of the lot area required for the first dwelling 

unit, plus the lot area required for the second dwelling unit, plus the lot area required for 

each additional dwelling unit as shown in Table 1, Column 3. 


§ 156.034 LOT WIDTH. 

(A) Any principal use, together with all accessory uses, shall be located on a lot 

having a minimum width as shown in Table 1, Column 4. 

(B) The minimum lot width for two family, multiple family, townhouse, and any 

other attached dwellings shall be the sum of the width required for the first dwelling unit, 

plus the width required for each additional dwelling unit. 


1998 S-2


§ 156.035 FRONT YARD. 

Each lot shall have a front yard as shown in Table 1, Column 5 except as provided in 

§§ 156.049 through 156.052, and waterfront lots where the front yard shall be on the 

water side. 


§ 156.036 REAR YARD. 

Each lot shall have a rear yard as shown in Table 1, Column 6 except as provided in 

§§ 156.049 through 156.052. 


§ 156.037 SIDE YARD. 

Each lot shall have a side yard extending along each side lot line, the total width of 

which is not less than shown in Table 1, Column 7 and no side yard shall be less than 

shown in Table 1, Column 7 and Column 10 except as provided in §§ 156.049 through 

156.052. 


§ 156.038 YARD ABUTTING A STREET. 

Any side or rear yard which abuts a street shall have a width of not less than as 

shown in Table 1, Column 9 except as provided in §§ 156.049 through 156.052. 


§ 156.039 YARD ABUTTING A RESIDENTIAL ZONE. 

Any side or rear yard in an office, business or manufacturing district which abuts a 

residential district shall have a width as shown in Table 1, Column 10. 


§ 156.040 LOT COVERAGE. 

The total ground area occupied by any principal building, together with all accessory 

buildings, shall not exceed the percent of the total area of lot as shown in Table 1, 

Column 11. 


1998 S-2


§ 156.041 FLOOR AREA RATIO. 

The combined floor area ratio for any principal building together with all accessory 

buildings shall not exceed the ratio shown in Table 1, Column 12. 


§ 156.042 HEIGHT OF PRINCIPAL USE. 

No principal building or other structure shall exceed the height in feet shown in 

Table 1, Column 13, nor the height in stories as shown in Table 1, Column 14. 


§ 156.043 HEIGHT OF ACCESSORY USE. 

No accessory building or other structure shall exceed the height shown in feet in 

Table 1, Column 15, nor the height shown in stories in Table 1, Column 16. 


§ 156.044 USES PERMITTED IN ZONING DISTRICTS. 

(A) Table 2 indicates the uses permitted in the several zoning districts established by 

this chapter. Uses which are not included in Table 2 are excluded from the village. The 

Zoning Administrator shall have the right to allow any other uses which are similar and 

compatible with the other uses allowed in a particular zoning district. Such determination 

shall be in writing and a denial shall be appealable to the Zoning Board of Appeals. 

(B) Uses which are indicated in Table 2 by the symbol "X" are principal uses 

permitted by right in the zones indicated. Uses which are indicated by the symbol "S" in 

Table 2 are special uses and are permitted following the issuance of a special use permits 

as provided in §§ 156.090 through 156.128. Uses indicated by the symbol "T" in Table 2 

are temporary uses and are permitted for a limited period of time following the issuance 

of a temporary use permit as provided in § 156.076. Veterinary Clinics—Small Animal 

(all enclosed runs—no outside runs, kennels or boarding facilities) are permitted use in 

the "F" Farming and "B-2" Highway Service District, and as a Special Use permitted in 

an "M-L" Manufacturing Limited and "0" Office District. 

(Ord., passed 7-17-89) 

1998 S-2


§ 156.045 LOCATION OF BUILDINGS. 

Except as otherwise provided for in this chapter and in planned developments, every 

building shall be constructed or erected upon a lot or parcel of land which abuts a public 

street. 


§ 156.046 BUILDINGS UNDER CONSTRUCTION. 

Nothing in this chapter shall be deemed to require any change in the plans, 

construction or designated use of any building upon which actual construction was 

lawfully begun prior to the adoption of this chapter. 

(Ord., passed 7-17-89) 

§ 156.047 BUILDINGS ON A ZONING LOT. 

Except in planned developments, every principal building hereafter erected or 

structurally altered shall be located on a zoning lot as herein defined and in no case shall 

there be more than one such building on one zoning lot. 


§ 156.048 EXCEPTIONS TO DISTRICT REGULATIONS. 

The following exceptions are established to provide relief from the zone regulations 

where applicable. 

(Ord., passed 7-17-89) 

§ 156.049 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 or other municipal corporation operating an airport, or as herein stated: 

(A) Agricultural buildings not specified elsewhere in this chapter. 

(B) Bulk storage silos and towers not specified elsewhere in this chapter. 

(C) Gravity feed apparatus. 

(D) Public utility poles, towers and wires. 

1998 S-2


(E) Radio and television antennae and towers, provided that a special use permit 

shall be obtained for any public utility transmitting tower subject to the standards and 

procedures of this chapter. Provided further that for any residential use, a television, 

citizen's band or short-wave radio antennae not exceeding ten feet in height and attached 

to the roof shall be exempted from consideration when determining the maximum height 

for that building. For a separate television, citizen's band or short-wave radio 

tower/antennae not attached to the roof of the residential building, the maximum height 

requirement of that zoning district plus ten feet. 

(F) Towers: Fire, mechanical and smoke; not to exceed by 16 feet, the height 

restriction of the zone in which they are located. 

(G) Water tanks and standpipes. 

(H) Solar energy panels and mechanical appurtenances. 

(I) Parapet walls, chimneys, cooling towers, elevator or mechanical equipment 

rooms, fire towers and stacks, stage towers and scenery lofts and necessary mechanical 

appurtenances shall be permitted to exceed maximum height provisions when erected in 

accordance with all other ordinances of the village. 

(J) Detached garages are permitted as an accessory structure up to a maximum of 

15 feet. 

(Ord., passed 7-17-89; Am. Ord. 2002-04.23, passed 5-25-02) 

§ 156.050 YARD AND BUILDING SETBACK EXCEPTIONS. 

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

required yard or beyond the building setback line, except that in no case shall such 

structure or component part thereof extend beyond the property line: 

(A) Air conditioner: (window) provided that a hot air baffel, directed upward, be 

installed. Central air, provided it is not located closer than six feet to lot line and that the 

hot air is baffeled in an upward direction. All central A/C units shall be installed in the 

side or rear yards. Not allowed in revaried front yard. 

(B) Awnings and canopies, not to exceed three feet or as regulated by the Huntley 

Sign Ordinance, with the more restrictive ordinance having effect. 

(C) Bay windows, not to exceed 1.5 feet. 

(D) Chimneys not to exceed 1.5 feet. 

(E) Clothesline post. 

(F) Driveways and curbs. 

2003 S-6


(G) Fans, provided that baffels be installed in an upward direction. 

(H) Fences, walls and hedges in accordance with § 156.051. 

(I) Flagpoles. 

(J) Guardhouse or gatehouse. 

(K) Islands and pumps for gasoline service stations, minimum setback of 20 feet is 

required. 

(L) Landscape features. 

(M) Mailbox. 

(N) Overhanging roof, eave, gutter, cornice, or other architectural features, not to 

exceed 1.5 feet. 

(O) Parking spaces as regulated in § 156.073. 

(P) Planting boxes, 1.5 feet. 

(Q) Sidewalks and steps. 

(R) Signs, as regulated by the Huntley Sign Ordinance. 

(S) Steps or stairs to a dwelling, non-enclosed, not to exceed four feet. 

(T) Terraces (open) and porches, non-enclosed, not to exceed four feet. 

(U) Trees, shrubs, flowers and other plants. 

(V) Yard and service lighting fixtures, poles. 

(Ord., passed 7-17-89) 

§ 156.051 FENCES, WALLS AND HEDGES. 

(A) Fencing in all zoning districts shall conform to the following regulations. All 

fence posts and support framework shall face the interior of the property upon which the 

fence is erected. Fences in rear yards shall not exceed six feet in height and may consist 

of planks, woven wire, chain-link or other generally accepted fence materials, provided 

that no barbed wire, spikes, or other sharp, pointed materials shall be utilized in the 

construction of such fences. The six foot height limitation shall also apply to walls and 

hedges. 

2003 S-6


(B) Fencing in non-residential districts shall conform to the following regulations: 

All fence posts and support framework shall face the interior of the property upon which 

the fence is erected. Fences shall not exceed eight feet in height. Fences may be 

constructed of planks, woven wire, chain link or other generally accepted fence materials. 

Fences may not be topped with barbed wire. The eight feet height limitation shall apply 

to walls and hedges. 

(C) Clear View of Intersecting Streets. 

(1) On any corner lot, within the triangular area formed by the two street center 

lines and third line connecting two points, one of which is located on each of the two 

street center lines, 100 feet from their junction, nothing shall be erected, placed, planted 

or allowed to grow in such a manner as to materially impede vision between a height of 

2½ feet and ten feet above the plane surface formed by the center line grades of the 

aforementioned streets. 

(2) Hedges, bushes, trees or other organic growth shall maintain a maximum 

height of two and one-half feet when located within ten feet of intersecting pedestrian and 

vehicular traffic paths of travel, to include bike paths and/or private driveways. 

(D) Front yards consisting of the open yard area in front of the principal structure 

shall not be fenced or enclosed; provided, however, that fences which do not enclose any 

portion of a front yard, which do not exceed three feet in height, and which shall have 

uniformly throughout the fence openings in the material of which the fence is constructed 

representing more than 70% of the area of the fence and which does not interfere with 

visibility or the free passage of air through the fence shall be permitted, but only if 

located on the lot as follows: 

(1) Along and within one foot of the side lot line except side lot lines adjacent 

to and general parallel with a street frontage. 

(2) Within five feet of the front of a house but not extended beyond the side 

lines (extended) of a house. 

(3) Located at the lot corners a minimum of two feet from the front lot line or 

side lot line, and not exceeding ten feet in either direction. 

(4) On corner lots. 

(a) Along a line or portion thereof from the corner of the house nearest the 

intersection of two streets towards the corner of the lot nearest the intersection; or 

(b) Within ten feet on either or both sides of the corner of the lot nearest 

the intersection of two streets and placed on the lot parallel with the street within an area 

of not less than two feet nor more than six feet from the lot line, but not both division 

(C)(1) and (2) of this section. 

(E) Fencing for dog runs shall consist of woven wire, chain-link or other generally 

accepted fence materials, shall be installed only in rear yards, shall be spaced back at 

least five feet from all lot lines, shall not exceed 25 feet in length, five feet in width, six 

feet in height. Water drainage specifications

2001 S-5


must be met for sanitary purposes if the base is of concrete. One dog run per family is 

permitted in R-1, R-2 and R-3 zoning districts; none are permitted in other zoning 

districts. Splitting of a dog run into multiple units is not permitted. 

(F) All fence posts shall be installed a minimum of 3'6 inches deep. No two fences 

can be placed adjacent to each other along or within three feet of any lot line. 

(G) Fences may be constructed within ten feet from the property line R-1 and R-2 

single family residential zoning districts on corner lots (yards abutting a street). 

(H) The setbacks for all structures (principle and accessory) on reversed corner lots 

are 30 feet (R-2 or the appropriate residential zoning district regulations). 

(I) Corner side yards. 

(1) Permitted accessory structures in accordance with the zoning ordinance will 

be allowed on standard corner lots to encroach into the required corner side yard setback 

up to five feet from the fence line in the rear and five feet from the fence on the corner 

side yard as long as the yard is fenced. 

(2) If a corner side yard is not fenced, the corner side yard setback for 

accessory structures remains at 30 feet or whatever setback is noted in the zoning 

ordinance or applicable annexation agreement. 

(3) Corner side yard fences cannot encroach past the rear corner of the principal 

structure/dwelling unit. 

(Ord., passed 7-17-89; Am. Ord. 92-08-08, passed 8-13-92; Am. Ord. 96-06-27-02, 

passed 6-27-96; Am. Ord. 01-03-08-01, passed 3-8-01; Am. Ord. 2002-04.23, passed 4- 

25-02) 

§ 156.052 UTILITY EXEMPTION. 

In accordance with the statutes of the State of Illinois, nothing in this chapter shall 

impose restrictions on the type or location of any poles, towers, wires, cables, conduits, 

vaults, laterals or any other similar distributing equipment of a public utility not 

otherwise regulated through village franchise agreement or the Village Subdivision 

Ordinance. 

(Ord., passed 7-17-89) 

NOTE: The adopted model codes that are relative to the use of any pool, and regulate 

specific requirements for swimming pool installations and use. 

§ 156.053 SWIMMING POOLS. 

(A) Definitions. For the purpose of this section, the following definitions shall apply 

unless the context clearly indicates or requires a different meaning. 

2003 S-6

Zoning Code 

282A 

BARRIER. A fence, a wall, a building wall or a combination thereof which 

completely surrounds the swimming pool and obstructs access to the swimming pool. 

HOT TUB. See definition of SPA. 

INGROUND POOL. See definition of SWIMMING POOL. 

NATURAL BARRIER. A natural barrier is a non-seasonal lake, pond, or stream 

greater than 20 feet in width. 

NEIGHBORING RESIDENCE. A one or two family dwelling or a one family 

townhouse not more than three stories in height situated on improved property within 500 

feet of a residential swimming pool. 

RESIDENTIAL. That which is situated on the premises of a detached one or two 

family dwelling or a one family townhouse not more than three stories in height. 

SPA, PORTABLE OR NONPORTABLE HOT TUB. A non-permanent structure 

intended for recreational bathing, in which all controls, water-heating, and 

water-circulating equipment are an integral part of the product. 

SWIMMING POOL. Any structure intended for swimming or recreational bathing 

that contains water over 24 inches deep. This includes inground, above ground, and 

onground swimming pools, hot tubs, and spas. 

SWIMMING POOL, INDOOR. A swimming pool which is totally contained within 

a structure and surrounded on all four sides by walls of said structure. 

SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool. 

2003 S-6

282B 



(B) Requirements. 

(1) Usage. General, swimming pools, hot tubs, or spas, shall be permissible in 

residentially zoned district only, and in no case shall a swimming pool, hot tub, or spa be 

put into use until it is in compliance with the following requirements and any applicable 

building code. 

(2) Outdoor Swimming Pool. An outdoor swimming pool, including an 

inground, above ground, or onground pool, hot tub, or spa shall be provided with a 

barrier which shall comply with the following: 

(3) (a) Barrier. The top of the barrier shall be at least 48 inches above grade 

measured on the side of the barrier which faces away from the swimming pool. The 

maximum vertical clearance between grade and the bottom of the barrier shall be four 

inches measured on the side of the barrier which faces away from the swimming pool. 

Where the top of the pool structure is above grade, such as an aboveground pool, the 

barrier may be at ground level, such as the pool structure, or mounted on top of the pool 

structure. Where the barrier is mounted on the top of the pool structure, the maximum 

vertical clearance between the top of the pool structure and the bottom of the barrier shall 

be four inches. 

(b) Natural Barrier. The barrier requirements are waived for the portion of 

the pool/spa/hot tub facing the natural barrier. On all other sides of the property, the 

barrier must extend to the legal (where established) or normal water level. 

(4) Openings in Barrier. Openings in the barrier shall not allow passage of a 

four-inch diameter sphere. 

(5) Solid Barriers. Solid barriers which do not have openings, such as a 

masonry or stone wall, shall not contain indentations or protrusions except for normal 

construction, tolerances and tooled masonry joints. 

(6) Barrier Horizontal and Vertical Members Less than 45 Inches. Where the 

barrier is composed of horizontal and vertical members and the distance between the tops 

of the horizontal members is less than 45 inches, spacing between the vertical members 

shall not exceed 1¾ inches in width. Where there are decorative cutouts within vertical 

members, spacing within the cutouts shall not exceed 1¾ inches in width. 

(7) Barrier Horizontal and Vertical Members 45 Inches or More. Where the 

barrier is composed or horizontal and vertical members of 45 inches or more, spacing 

between vertical members shall not exceed four inches. Where there are decorative 

cutouts within vertical members, spacing within the cutouts shall not exceed 1¾ inches in 

width. 

(8) Mesh Size for Chain Link. Maximum mesh size for chain link fences shall 

be a 1¼ inch square unless the fence is provided with slats fastened at the top or the 

bottom which reduce the openings to no more than 1¾ inches. 

1998 S-2


(9) Barrier Diagonal Members. Where the barrier is composed of diagonal 

members, such as a lattice fence, the maximum opening formed by the diagonal members 

shall be no more than 1¾ inches. 

(10) Access Gates. Access gates shall comply with the requirements of divisions (B) 

and (B)(9) of this section, and shall be equipped to accommodate a locking device. 

Pedestrian access gates shall open outwards away from the pool and shall be self-closing 

and have a self-latching device. Gates other than pedestrian access gates shall have a 

self-latching device. Where the release mechanism of the self-latching device is located 

less than 54 inches from the bottom of the gate, the release mechanism shall be located 

on the pool side of the gate at least three inches below the top of the gate, and the gate 

and barrier shall have no opening greater than one-half inch within 18 inches of the 

release mechanism. 

(11) An Aboveground Pool Structure Used as a Barrier. Where an aboveground 

pool structure is used as a barrier or where the barrier is mounted on top of the pool 

structure, and the means of access is a ladder or steps, then the ladder or steps shall be 

capable of being secured, locked or removed to prevent access, or the ladder or steps 

shall be surrounded by a barrier which meets the requirements of divisions (B)(1) through 

(B)(10) of this section. When the ladder or steps are secured, locked or removed, any 

opening created shall not allow the passage of a four-inch diameter sphere. 

(12) Moat Used to Obtain Clearance. Where a moat is used to obtain the 48 inch 

clearance from ground surface to the top of pool, it shall also be 48 inches from the 

outside rim of the moat to the top of the barrier (or rim of the pool). 

(13) Prohibited Locations. Barriers shall be located so as to prohibit structures, 

equipment or similar objects from being used to climb the barriers. 

(C) Exemptions. 

(1) A spa or hot tub with a solid lockable safety cover which complies with 

ASTM ES 13-89 listed below shall be exempt from the provisions of this document. 

Swimming pools with safety covers shall not be exempt. 

(2) ASTM ES 13-89. Emergency Standard Performance Specification for 

Safety Covers and Labeling Requirements for Covers-for Spas and Hot Tubs. Swimming 

pools/spas/hot tubs located greater than 500 feet from neighboring residence and that 

have been in existence prior to the effective date of this chapter shall be except from all 

requirements of division (B) of this section. 

(D) Variances. 

(1) Intent. It is the intent of division (B) of this section that all swimming 

pools, spas, and hot tubs have an effective barrier to discourage access of youngsters 

(less than five years of age). However, it is recognized that unique circumstances may 

exist that would preclude immediate 

1998 S-2


compliance with all parts of division (B) of this section for swimming pools/spas, hot 

tubs in existence prior to the effective date of this chapter. 

(2) Standards for a variance. Variations from the regulations of this chapter 

may be granted in each of the following instances: 

(a) For the swimming pools/spas/hot tubs, built prior to the effective date 

of this chapter and that require measurement specifications as set forth in this chapter, 

may be granted a variance provided that the "as built" configuration does not deviate by 

more than 15% of the measurement specifications. The petitioner shall be exempt from 

the notice requirements of division (D)(3) of this section. 

(b) Furthermore, a variance may be granted where evidence is presented 

and demonstrates: 

1. The swimming pool/spas/hot tubs have been built prior to the 

effective date of this chapter. 

2. The swimming pools/spas/hot tubs are located 200 feet to 500 feet 

from a neighboring residence or less than 50 feet from a natural barrier. 

3. The granting of the variation will not be detrimental to the public 

welfare or injurious to other property or improvements in the neighborhood in which the 

property is located. 

this section. 

4. The petitioner shall provide notice as set forth in division (D) of 

(3) Notice. 

(a) The petitioner shall notify by means of certified mail, return receipt 

requested, all of the most recent real estate taxpayers of record of all property abutting the 

property designated in the petition for variation. If said property designated in the 

petition is bounded by a public road or street, alley or any other public way such notice 

shall be sent to all of the most recent real estate taxpayers abutting the public road or 

street, alley or any other public way directly across petitioner's property. 

(b) All such notices shall be mailed not more than 30 days nor less than 15 

days in advance of filing the petition for variance. 

(c) The petitioner shall file a sworn affidavit containing a copy of the 

notice, the names and addresses of all taxpayers entitled to notice and those who received 

notice. Said affidavit and list shall be filed with the village at least three days in advance 

of filing of a petition. 

(4) Issuance and Time Period. The village shall review the variation petition 

based on the standards for a variance. The village shall, within ten days from the date of 

filing the petition, 

1998 S-2


approve or disapprove the petition, notifying the petitioner to that effect by certified 

mail-return receipt requested. A variance shall be valid for five years. 

(Ord. 93-10-28-003, passed 10-28-93) 

§ 156.054 WETLAND CONSERVANCY DISTRICT. 

(A) Purpose and Intent. It is the purpose and intent of this section to promote the 

health, safety and general welfare of the present and future residents of the village and 

downstream drainage areas by providing for the protection, preservation, proper 

maintenance, and use of wetlands within the village and to: 

(1) Maintain the normal hydrologic balance of wetlands in the village by 

storing and providing for infiltration of wet period runoff in wetlands and releasing it 

slowly to the stream to maintain in-stream flow: 

(2) Improve water quality by maintaining the natural pollutant-assimilating 

capabilities of wetland areas: 

(3) Regulate development in or near wetlands within the village. If new 

wetlands are created as a part of a development, the requirements for setbacks and uses 

within the setbacks shall apply. The District shall be amended as appropriate to include 

these areas. 

(4) To protect wildlife habitat. 

(5) To preserve areas of special recreational, scenic or scientific interest, 

including natural areas and habitats of endangered species: and, 

(6) To maintain and enhance the aesthetic qualities of developing areas. 

(B) Definitions. For the purpose of this chapter, the following definitions shall 

apply unless the context clearly indicates or requires a different meaning. 

CONTROL STRUCTURE. A structure designed to control the rate of stormwater 

runoff that passes through the structure, given a specific upstream and downstream water 

surface elevation. 

CULVERT. A structure designed to carry drainage water or small streams below 

barriers such as roads, driveways, or railway embankments. 

DEVELOPMENT. The carrying out of any building, agricultural, or mining 

operation, or the making of any change in the use or appearance of land, and the dividing 

of land into two or more parcels. The following activities or uses shall be taken, for the 

purposes of this chapter, to involve development as defined herein: 

1998 S-3 Repl.


(1) Any construction, reconstruction, or alteration of a structure to occupy more 

or less ground areas or the on-site preparation for same: 

(2) Any change in the intensity of use of land, such as an increase in the 

number of dwelling units on land, or a material increase in the site coverage of 

businesses, manufacturing establishments, offices, and dwelling units, including mobile 

homes, campers, and recreational vehicles, on land; 

(3) Any agricultural use of land including, but not limited to, the use of land in 

horticulture, floriculture, forestry, dairy, livestock, poultry, beekeeping, pisciculture, and 

all forms of farm products and farm production: 

(4) The commencement of drilling, except to obtain soil samples, or the 

commencement of mining, filling, excavation, dredging, grading or other alterations of 

the topography; 

(5) Demolition of a structure or redevelopment of a site; 

(6) Clearing of land as an adjunct of construction for agricultural, private, 

residential, commercial or industrial use: 

(7) Deposit of refuse, solid or liquid waste, or fill on a parcel of land, or the 

storage of materials: 

(8) Construction, excavation, or fill operations relating to the creation or 

modification of any road, street, parking facility or any drainage canal, or to the 

installation of utilities or any other grading activity that alters the existing topography; 

and, 

(9) Construction or erection of dams, levees, walls, fences, bridges or culverts; 

(10) Any other activity that might change the direction, height, or velocity of 

flood or surface waters. 

DISTRICT. The Wetland Conservancy District as defined in § 156.054(C). 

EROSION. The general process whereby soils are moved by flowing water or wave 

action. 

FILTERED VIEW. The maintenance or establishment of woody vegetation of 

sufficient density to screen developments from a wetland, to provide for stabilization and 

erosion control, to serve as an aid to infiltration of surface runoff, and to provide cover to 

shade the water. The vegetation need not be so dense as to completely block the view. 

Filtered view means no clear cutting. 

QUALIFIED PROFESSIONAL. A person trained in one or more of the disciplines 

of biology, geology, soil science, engineering, or hydrology whose training and 

experience ensure a competent analysis and assessment of wetland conditions and 

impacts. 

REGISTERED PROFESSIONAL ENGINEER. A professional engineer registered 

under the provisions of "The Illinois Professional Engineering Act" and any act 

amendatory thereof.

1998 S-2


SETBACK. The horizontal distance between any portion of a structure or any 

development activity and the edge of a wetland, measured from the structure's or 

development's closest point to the edge of the wetland. 

STRUCTURE. Anything that is constructed, erected, or moved to or from any 

premise which is located above, on, or below the ground, including but not limited to 

roads, signs, billboards and mobile homes. Temporary recreational facilities including 

but not limited to, tents, camper trailers, and recreation vehicles are not considered 

structures when used less than 180 days per year and located landward of the minimum 

setback provided as a natural vegetation strip. 

VEGETATION. Means all plant growths, especially trees, shrubs, mosses, and 

grasses. 

WETLAND. Those transitional lands between terrestrial and aquatic system near 

where the water table is usually at or near the surface or the land is covered by shallow 

water. Classification of areas as wetlands shall follow the "Classification of Wetlands 

and Deepwater Habitats of the United States" as published by the U.S. Fish and Wildlife 

Service. 

(C) Wetland Conservancy District. All areas designated as W-Wetland on the SCS 

maps for Kane and McHenry Counties which are 2.5 acres or more in size shall be 

designated as the Wetland Conservancy District. The procedures, standards and 

requirements contained in this section shall apply to all lots within the wetlands and all 

lots wholly or in part within 100 feet of the edge of a wetland. Designated areas are set 

forth in Exhibits A and B attached hereto and made a part hereof. 

(D) Minimum Setback of Development Activity from Wetlands. 

(1) No development activity (except as provided below) may occur within 75 

feet from the edge of a wetland within the Wetland Conservancy District. 

(2) The following development activities may be permitted subject to the 

issuance of a special use permit, within the minimum setback areas, only if, as a practical 

matter, they cannot be located outside the setback area. Such development activities will 

only be approved based on a report, prepared by a qualified professional, which 

demonstrates that they will not adversely impact or affect water quality; destroy, damage 

or disrupt significant habitat area; adversely affect drainage and/or stormwater retention 

capabilities of the wetland; adversely affect flood conveyance, storage of the wetland; 

create erosion hazards, or be materially detrimental to any other property in the area of 

the subject property to the village as a whole, including the loss of open space or scenic 

vistas: 

(a) Minor improvements such as walkways, benches, comfort stations, 

informational displays, directional signs, foot bridges, observation decks and docks; 

(b) The maintenance, repair, replacement, and reconstruction of existing 

highways and bridges, electrical transmission and telecommunication lines, poles and 

towers; and

1998 S-2


(c) The establishment and development of public and private parks and 

recreation areas, outdoor education areas, historic natural and scientific areas, game 

refuges, fish and wildlife improvement projects, game bird and animal farms, wildlife 

preserves and public boat launching ramps. 

(3) Review of the proposed development activity within the minimum setback 

area will consider the following: 

(a) The development and maintenance of roads, parking lots, and other 

impervious surfaces necessary for permitted uses are allowed only on a very limited 

basis, and where no alternate location outside of the setback area is available. 

(b) Land surface modification within the minimum setback shall be 

permitted for the development of stormwater drainage swales between the developed area 

of the site (including a stormwater detention facility on the site) and wetland. Detention 

basins within the setback are generally discouraged, unless it can be shown that resultant 

modifications will not impair water quality, habitat, or flood storage functions. 

(c) No filling or excavating within wetlands are permitted except to install 

piers for the limited development of walkways and observation decks. Walkways and 

observation decks should avoid high quality wetland areas, and should not adversely 

affect natural areas designated in the Illinois Natural Areas Inventory or the habitat of 

rare or endangered species. 

(d) Wetland areas occupied by the development of decks and walkways 

must be mitigated by an equal area of wetland habitat improvement. 

(e) Modification of degraded wetlands for the purpose of storm water 

management is only permitted where it can be demonstrated that the wetland will benefit 

from such modification and that the total wetland acreage will be preserved. Where such 

modification is permitted, wetlands shall be protected from the effects of increased storm 

water runoff by measures such as detention/sedimentation basin design in accordance 

with Section 4 of the Village Subdivision Ordinance, vegetated swales and buffer strips, 

and sediment and erosion control measures on adjacent developments. Prior to discharge 

into the wetlands, all runoff from development shall be routed through an appropriately 

planned and designed sedimentation basin pursuant to village ordinances. This basin 

shall be constructed before site clearing and grading. Environmental impact analysis of 

wetland modification may be required in order to assess the potential impacts of the 

proposed development on the wetland area and associated environmentally sensitive 

areas, including loss of flood storage potential, loss of habitat, changes in species 

diversity and quantity, impact on water quality, increases in human incursions and impact 

upon associated streams, lakes, ponds, wetlands, or downstream areas. 

(4) An applicant for a special use permit must stabilize areas left exposed after 

land surface modification with vegetation normally associated with the wetland. The 

planting of native riparian vegetation is recommended as the preferred stabilization. 

1998 S-2


(5) The applicant shall minimize access to the applicant's proposed 

development activity within all or part of the Wetland Conservancy District where such 

access could adversely affect the wetland, or related environmentally sensitive areas. 

(E) Site Development Plan. 

(1) A site development plan must be prepared for any proposed development 

within, or partly within, the Wetland Conservancy District and must indicate: 

(a) Dimension and area of parcel, showing also the vicinity of the site in 

sufficient detail to enable easy location, in the field, of the site for which the special use 

permit is sought, and including the boundary line, underlying zoning, a legend, a scale, 

and a north arrow. (This requirement may be satisfied by the submission of a separate 

vicinity map); 

(b) Location of any existing and proposed structures; 

(c) Location of existing or proposed on-site sewage systems or private 

water supply systems; 

(d) Location and landward limit of all wetlands; 

(e) Location of setback lines as defined in this chapter; 

(f) Location of existing or future access roads; 

alterations; 

(g) Specifications and dimensions of the wetland areas proposed for 

(h) Cross-sections and calculations indicating any changes in flood storage 

volumes; and 

(i) Such other information as reasonably requested by the village. 

(2) The developer shall show, by submitting appropriate calculations and 

resource inventories, that the proposed development activity will not substantially reduce 

natural floodwater storage capacity, destroy valuable habitat for aquatic or other flora and 

fauna, adversely affect water quality or ground water resources, increase stormwater 

runoff velocity so that water levels on other lands are substantially raised or the danger 

from flooding increased, or adversely impact any other natural wetland functions, and is 

otherwise consistent with the intent of this chapter. 

(F) Hydrologic Controls/Drainage Control Plan. 

(1) A drainage control plan that describes the hydraulic characteristics of 

on-site and nearby watercourses as well as the proposed drainage plan, prepared by a 

registered professional engineer experienced in hydrology and hydraulics, shall be 

submitted with each application for land development within the Wetland Conservancy 

District. Unless otherwise noted, the following 

1998 S-2


restrictions, requirements and standards shall apply to all development within the 

Wetland Conservancy District: 

(a) Natural open-channel drainageways shall be preserved; and 

(b) Runoff from areas of concentrated impervious cover (e.g., roofs, 

driveways, streets, patios, etc.) shall be collected and transported to a drainageway 

(preferably a natural drainageway) with sufficient capacity to accept the discharge 

without undue erosion or detrimental impact. Vegetated drainage swales are preferred 

over conveyances constructed of concrete or other manufactured materials. 

(2) The drainage control plan shall identify appropriate measures, such as 

recharge basins and detention/retention basins, which will limit the quantitative and 

qualitative effects of stormwater runoff to pre-development conditions. 

(G) Site Grading and Excavation Plan. 

(1) A site grading and excavation plan, prepared by a registered professional 

engineer, trained and experienced in civil engineering, shall be submitted with each 

application for a special use permit and shall include the following: 

contours; 

(a) Details of the existing terrain and drainage pattern with one-foot 

(b) Proposed site contours at one-foot intervals; 

(c) Dimensions, elevation and contours of grading, excavation and fill; 

(d) A description of methods to be employed in disposing of soil and other 

material that is removed from allowable grading and excavation sites, including location 

of the disposal site if on the property; 

(e) A schedule showing when each stage of the project will be completed, 

including the total area of soil surface to be disturbed during each stage, and estimated 

starting and completion dates. The schedule shall be prepared so as to limit, to the 

shortest possible period, the time soil is exposed and unprotected. In no case shall the 

existing natural vegetation be destroyed, removed or disturbed more than 15 days prior to 

initiation of the improvements; and 

(f) A detailed description of the revegetation and stabilization methods to 

be employed, to be prepared in conjunction with the landscape plan per division (H) of 

this section. This description should include locations of erosion control measures such 

as sedimentation basins, straw bales, diversion swales, and the like. 

(2) The grading and excavation plan must be consistent with all provisions of 

village ordinances. 

1998 S-2


(3) Unless otherwise provided for in any other village ordinances, the following 

restrictions, requirements and standards shall apply to all development within the district. 

(a) Every effort shall be made to develop the site in such a manner so as to 

minimize the alteration of the natural topography; 

(b) No grading, filling, cleaning, clearing, terracing or excavation of any 

kind shall be initiated until final engineering plans are approved and the special use 

permit is granted by the village: and 

(c) The depositing of any excavation, grading or clearing material within a 

wetland area shall be prohibited. 

(4) In addition to locating all site improvements on the subject property to 

minimize adverse impacts on the wetland, the applicant shall install a berm, curb, or other 

physical barrier during construction, and following completion of the project, where 

necessary, to prevent direct runoff and erosion from any modified land surface into a 

wetland. All parking and vehicle circulation areas should be located as far as possible 

from a wetland. 

(5) The village may limit development activity in or near a wetland to specific 

months, and to a maximum number of continuous days or hours, in order to minimize 

adverse impacts. Other development techniques, conditions and restrictions may be 

required in order to minimize adverse impacts on wetlands, and on any related areas not 

subject to development activity. 

(H) Native Vegetation Buffer Strip Required: Vegetation and 

Revegetation/Landscape Plan. 

(1) To minimize erosion, protect water quality, maintain water temperature at 

natural levels, preserve fish and wildlife habitat, to screen man-made structures, and also 

to preserve aesthetic values of the wetland areas, a native vegetation strip shall be 

maintained along the edge of the wetland. The native vegetation strip shall extend 

landward a minimum of 25 feet from the edge of a wetland. 

(2) Within the native vegetation strip, trees, and shrubs may be selectively 

pruned or removed for harvest of merchantable timber, to achieve a filtered view of the 

waterbody from the principal structure and for reasonable private access to the wetland. 

Said pruning and removal activities shall ensure that a live root system stays intact to 

provide for streambank stabilization and erosion control. 

(3) A landscape plan, prepared by a professional landscape architect, shall be 

submitted with each special use permit application for development activity within the 

Wetlands Conservancy District and contain the following: 

(a) A plan describing the existing vegetative cover of the property and 

showing those areas where the vegetation will be removed as part of the proposed 

construction; and 

(b) A plan describing the proposed revegetation of disturbed areas 

specifying the materials to be used.

1998 S-2


(4) The vegetation must be planned in such a way that access for stream 

maintenance shall not be prevented. 

(I) Special Use Permit. 

(1) To ensure that proposed development activity can be carried out in a 

manner which is compatible and harmonious with the natural amenities of the Wetland 

Conservancy District and with surrounding land uses, a request for a Special Use Permit 

for such development activity must be submitted for approval by the governing body of 

the village. 

(2) No special use permit shall be issued unless the village finds that: 

(a) The development will not detrimentally affect or destroy a wetland, nor 

impair its natural functions, but will preserve and incorporate such features into the 

development site; 

(b) The location of natural features and the site's topography have been 

considered in the designing and siting of all physical improvements; 

(c) Adequate assurances have been received that the clearing of the site of 

topsoil, trees, and other natural features will not occur before the commencement of 

building operations; only those areas approved for the placement of physical 

improvements may be cleared; 

(d) The soil and subsoil conditions are suitable for excavation and site 

preparation, and the drainage is designed to prevent erosion and environmentally 

deleterious surface runoff. 

(3) There shall be no development, including the immediate or future clearing 

or removal of natural ground cover and/or trees, within the Wetland Conservancy District 

for any purpose, unless a special use permit is granted. 

(4) Dumping, filling, mining, excavating, dredging, or transferring of any earth 

material within the district is prohibited unless a special use permit is granted. 

(5) Application for a special use permit shall be made by the owner of the 

property, or his/her authorized agent, to the Village Board on a form furnished for that 

purpose. Each application shall bear the name(s) and address(es) of the owner or 

developer of the site and of any consulting firm retained by the applicant together with 

the name of the applicant's principal contact at such firm, and shall be accompanied by a 

filing fee of $ . Each application shall include certification that any land clearing, 

construction, or development involving the movement of earth shall be in accordance 

with the plans approved upon issuance of the permit. 

(J) Submissions. Each application for a special use permit shall be accompanied by 

the following information as specified in the ordinance sections cited: 

1998 S-2


General Provisions: 

Site Development Plan 

Geologic and Soil Report 

Drainage Control Plan 

Site Grading and Excavation Plan 

Landscape Plan 

(K) Bonds. The applicant may be required to file with the village a performance 

bond or bonds, letter of credit, or other improvement security satisfactory to the Village 

Attorney, in an amount deemed sufficient by the village to cover all costs of 

improvements and landscaping, for such period as specified by the village, and 

engineering and inspections costs to cover the cost of failure or repair of improvements 

installed on the site. 

(L) Review and Approval. Each application for a special use permit shall be 

reviewed and acted upon according to following procedures: 

(1) The Village Board will review each application for a special use permit to 

determine its conformance with the provisions of this chapter. Within 30 days after 

receiving an application, the Village Board shall, in writing: approve the permit 

applications if it is found to be in conformance with the provisions of this chapter, and 

issue the permit; approve the permit application subject to such reasonable conditions as 

may be necessary to secure substantially the objectives of this chapter, and issue the 

permit subject to these conditions; or disapprove the permit application, indicating the 

deficiencies and the procedure for submitting a revised application and/or submission. 

unless: 

(2) No special use permit shall be issued for an intended development site 

(a) The development, including but not limited to subdivisions and planned 

unit developments, has been approved by the Village Board where applicable; or 

(b) Such permit is accompanied by or combined with a valid building 

permit issued by the village; or 

(c) The proposed development is coordinated with any overall 

development program previously approved by the village for the area in which the site is 

situated. 

(3) Failure of the Village Board to act on an original or revised application 

within 30 days of receipt shall authorize the applicant to proceed in accordance with the 

plans as filed, unless such time is extended by agreement between the village and the 

applicant. Pending preparation and approval of a revised plan, development activities 

may be allowed to proceed in accordance with conditions established by the village. 

(M) Permit Exceptions. The provisions of this chapter shall not apply to: 

1998 S-2


(1) Emergency work necessary to preserve life or property; when emergency 

work is performed under this section, the person performing it shall report the pertinent 

facts relating to the work to the Village Manager within ten days after commencement of 

the work and shall thereafter work as may be determined by the agency to be reasonably 

necessary to correct any impairment to the wetland. 

(2) Work consisting of the operation, repair, or maintenance of any lawful use 

of land existing on the date of adoption of this chapter. 

(N) All costs incurred by the village for the review of all plans or requests for a 

special use permit by the Village Engineer, Village Attorney, Village Staff or 

independent consultants shall be paid by the property owner and/or developer. Village 

reserves the right to require any applicant for a special use to deposit with the village a 

sum of money reasonably necessary to pay such expenses at the time of the filing. Any 

unused funds will be returned. 

(O) Variances. 

(1) Application. Any property owner in the village may apply to the Village 

Board for a variation from the strict interpretation and enforcement of this chapter as it 

applies to his property. Such application shall be accompanied by an accurate description 

of the property, a description of the particular circumstance which necessitates a variation 

and the relief sought. 

(2) Hearing. Upon receipt of an application for a variation, the Village 

Manager shall schedule a hearing before the Village Board. 

(3) Standards. When evidence in a specific case shows conclusively that literal 

enforcement of any provision of this chapter would result in a practical difficulty or 

particular hardship because of unusual surroundings or condition of the property 

involved, or by reason of exceptional narrowness, shallowness, or shape of a zoning lot, 

or because of unique topography, underground conditions or other unusual 

circumstances, the Village Board may grant, by ordinance, a variation to permit enough 

relief from literal enforcement as will allow a reasonable use of the property involved for 

the uses permitted in the zone in which it is located, and thus secure substantial justice. 

(4) Conditions. The Village Board, in granting any variation, may impose such 

conditions or restrictions as appear necessary to minimize possible detrimental effects of 

such variation upon the wetlands or upon other properties. 

(Ord., passed 10-28-93) 

2001 S-5


GENERAL REGULATIONS 

§ 156.065 INDUSTRIAL PERFORMANCE STANDARDS. 

(A) It is the purpose of this section to establish standards for the installation and 

operation of industrial uses based upon consideration of the environmental impact of such 

uses. The standards established herein shall be and standards set forth in the State of 

Illinois Pollution Control Act, as amended, shall provide the basis for determining the 

proper zone for particular uses. Uses which cannot meet the minimum standards found 

herein shall not be considered permitted uses. All uses shall comply at all times with all 

ordinances of the village. 

(B) Any uses permitted in the M and M-L zones, whether such use is permitted as a 

principal or an accessory use, shall be subject to these standards; further, such use shall 

be subject to these standards regardless of the location or zone in which it is permitted. 

(Ord., passed 7-17-89) 

§ 156.066 PERMIT PROCEDURE. 

Before the Zoning Administrator issues a building permit for a use in the M zone, the 

applicant shall furnish the Zoning Administrator sufficient information to enable the 

Zoning Administrator to assure himself that all performance standards and site 

development standards set forth in this chapter can and will be complied with at all times. 

The Zoning Administrator, in order to determine whether or not the applicant will meet 

such standards, may require the applicant to submit the following information: 

(A) A plot plan showing the location of all present and proposed structures, drives, 

parking lots, waste disposal areas, bulk storage areas, adjacent structures and zoning, 

streets, streams or other significant features on or within 200 feet of the proposed site. 

(B) A description of the activity to be conducted, including the type and size of 

equipment or machinery to be operated, waste products, external effects or other 

conditions which are regulated herein; provided, however, that the applicant shall not be 

required to reveal any trade secrets or sufficient detail with regard to a process which 

would cause any secret process or manufacturing procedure for a closely guarded 

proprietary compound or product to become public knowledge and be available to 

competitors. 

(C) The type and location of abatement devices to control, or recording instruments 

to measure conformance with required standards, not including devices and instruments 

which are inherent in the manufacturing process. All information and evidence submitted 

in applications to indicate conformity to performance standards shall constitute a 

certification and agreement on the part of the applicant that the proposed use can and will 

conform to such standards at all times. 

(Ord., passed 7-17-89) 

1998 S-2


§ 156.067 RADIATION HAZARDS. 

(A) The handling of radioactive materials, the discharge of such materials into the 

air and the water and the disposal of radioactive wastes shall be in conformance with the 

following: 

(1) The applicable regulations of the Atomic Energy Commission; and, 

(2) The applicable regulations of any instrumentality of the state. 

(B) Further, any radioactive material moved into or through the village shall be 

prohibited unless a village license is granted. 


§ 156.068 FIRE AND EXPLOSIVE HAZARDS. 

(A) The provisions of ILCS Ch. 225, Act 210, §§ 1001 et seq. shall be complied 

with, and no explosives shall be stored or used without first submitting to the Zoning 

Administrator a certificate of compliance from the Illinois Department of Mines and 

Minerals. 

(B) No gasoline or other flammables or explosives shall be stored unless the 

locations, plans and construction conform to the laws and regulations of the State of 

Illinois and have the approval of the State Division of Fire Prevention and the village. 

(C) No manufacturing or processing of explosive substances, shall be permitted 

within the village limits. 


§ 156.069 GLARE AND HEAT. 

(A) Every use and activity shall be so operated that it does not emit heat or heated 

air beyond the boundary of the lot on which it is located. No direct or sky-reflected glare 

shall emanate from any use or activity so as to be visible at any point on or beyond the 

boundary of the lot on which such use or activity is located. This restriction shall not 

apply to signs otherwise permitted by the provisions of this and other applicable 

ordinances, nor to activities of a temporary or emergency nature. 

(B) Night lighting necessary for safety and the protection of property shall not 

illuminate or otherwise shine directly upon any neighboring residential property. Any 

source of light which is injurious to humans, animals or plants is prohibited. 


1998 S-2


§ 156.070 ELECTROMAGNETIC INTERFERENCE. 

There shall be no electromagnetic interference that adversely affects the operation of 

any equipment other than that belonging to the creator of such interference, or that does 

not conform to the regulations of the Federal Communications Commission. 


§ 156.071 STANDARDS. 

Standards for noise vibration, smoke and particulate matter, odors and similar 

nuisances are found in the State of Illinois Pollution Control Act, as amended. 


§ 156.072 ENFORCEMENT. 

The Zoning Administrator or Pollution Officer shall enforce the provisions of this 

section. Upon confirmation of a violation, enforcement and penalty provisions of §§ 

156.160 through 156.999 shall prevail. In addition, the village may require the 

installation, maintenance and operation by the offending industry of continuous 

measuring or recording instruments to demonstrate the operation and to ensure 

continuous compliance with the prescribed standards. 

(Ord., passed 7-17-89) 

§ 156.073 OFF-STREET PARKING AND LOADING. 

(A) Purpose. The purpose of this section is to alleviate or prevent congestion of the 

public streets and so promote the safety and welfare of the public, by establishing 

minimum requirements for the off-street parking and loading and unloading of motor 

vehicles, in accordance with the use to which property is put and the district in which it is 

located. 

(B) General Provisions—Parking and Loading. 

(1) Procedure. An application for a building permit for a new or enlarged 

building, structure or use shall include therewith a plot plan in duplicate, drawn to scale, 

and fully dimensioned, showing any parking or loading facilities to be provided in 

compliance with the requirements of this chapter. 

(2) Extent of Control. All building, structures and land uses and all 

modifications of existing buildings and uses, initiated after the effective date of this 

chapter, shall be provided with accessory off-street parking or loading facilities as 

required herein. A building or structure for which a building permit has been issued prior 

to the effective date of this chapter shall comply with the requirements in effect at the 

time of issuance of the permit. 

1998 S-2


(3) Existing Parking and Loading Spaces. Accessory off-street parking and 

loading spaces in existence on the effective date of this chapter may not be reduced in 

number, except in compliance with the requirements of this section. 

(4) Permissive Parking and Loading Spaces. Nothing in this section shall 

prevent the establishment of off-street automobile parking or loading facilities to serve 

any existing use of land or buildings, subject to the provisions of this section, except that 

off-street parking areas accessory to existing multiple family structures cannot be located 

off the premises containing the main use, unless on a lot adjacent thereto. 

(5) Joint Parking Facilities. Off-street parking facilities for different buildings, 

structures, or uses, or for mixed uses, may be provided; however, joint parking facilities 

for similar uses may not be reduced below the number required for all uses. Joint parking 

facilities for dissimilar uses which require parking at different times during the day may 

be reduced by not more than 25% of the required number of spaces where the Zoning 

Administrator finds such a reduction will not result in any increased congestion in the 

public streets and will not otherwise violate the intent and purpose of this chapter. 

(6) Control of Off-site Facilities. When required accessory off-street parking 

facilities are provided elsewhere than on the lot on which the principal use served is 

located, they shall be in the same possession either by deed or longterm lease, as the 

property occupied by such principal use and shall be within the same zoning district as 

the principal use. If in another zoning district, a Special Use Permit shall be requested. 

Such off-site parking facilities must be within 600 feet of the main entrance of the 

principal use being served, and must be in the same block so that no public street lies 

between the off-site parking spaces and the principal use being served. The owner shall 

be bound by covenants filed of record in the office of the Recorder of Deeds or the 

Registrar of Titles of McHenry County, Illinois requiring the owner and his or her said 

heirs and assigns to maintain the required number of parking spaces during the existence 

of such principal use. 

(7) Control of Drive-in Stacking Lanes. Where drive-in facilities require that 

customers wait to be served, a minimum of five aisle spaces are required per service 

window. Where peak hour demands may place an extraordinary burden upon the 

establishment, additional spaces may be required by the Zoning Administrator. 

(8) Use of Residential Parking Areas. 

(a) Outside storage or parking of any vehicle. The outside storage or 

parking of any vehicle in any residential area at any time shall meet the following 

criteria: 

1. The vehicle shall be parked or stored completely on an impervious 

surface (concrete, black top, brick pavers, etc.) to be approved by the village authority 

having jurisdiction over these regulations. Gravel, wood chips, grass, etc. are not 

approved surfaces. 

2. The vehicle shall not be parked in the parkway (that area located 

between the back of curb or pavement edge and the right-of-way line intended for use 

primarily by pedestrian traffic) or across sidewalks. 

2001 S-5


(b) Outside storage or parking of in-operable vehicles. The outside 

storage or parking of in-operable vehicles as defined under Chapter 93 of the Village of 

Huntley Code of Ordinances shall be prohibited in any residential area unless the inoperable 

vehicle is parked or stored completely within a fully enclosed garage. 

(c) Outside storage or parking of second division vehicles. The outside 

storage or parking of second division vehicles with a gross vehicle weight of more than 

12,000 pounds including vehicle and maximum load, and/or greater than a class "D" 

plate, and/or an overall height of greater than 96 inches (measured from ground to highest 

point) shall be prohibited in any residential area unless the second division vehicle is 

parked or stored completely within a fully enclosed garage. Those vehicles of the second 

division that contain either a "B" or a "D" plate, have a gross vehicle weight of 12,000 

pounds or less, and do not exceed the height restrictions detailed above shall be 

permitted, provided the following criteria are met: 

1. The second division vehicle shall be parked or stored completely 

on an impervious surface (concrete, black top, brick pavers, etc.) to be approved by the 

village authority having jurisdiction. Gravel, wood chips, grass, pavers under only the 

tires, etc. are not approved surfaces. 

2. Any objects stored in or on the second division vehicle such as 

ladders or tools shall be stored in a safe, well-kept manner, completely on private 

property as determined by the village authority having jurisdiction. 

3. The second division vehicle shall not be parked or stored in such a 

way as to jeopardize the health or safety of pedestrians or motorists using any adjacent 

public or private rights-of-way by obstructing sight lines, causing excessive noise, or 

otherwise causing an unsafe condition as determined by the village authority having 

jurisdiction. 

(d) Temporary storage of commercial vehicles. 

1. Any commercial vehicle parked in a residential area in order to 

perform a service (home maintenance, repair, moving, etc.) for a resident shall be 

temporarily permitted to park on a residential driveway or right-of-way only during the 

time said service is being conducted as determined by the village authority having 

jurisdiction over these regulations. 

2. Any property owner residing in the village, at the same address, 

prior to December 31, 1979, who cannot reasonably meet the requirements of this chapter 

with regard to the parking or storage of second division vehicles (as determined by the 

village authority having jurisdiction over these regulations) may request an exemption 

from the requirements of this section. Property owners must submit proof of ownership 

(i.e. deed, property tax bill, etc.) to be considered eligible for the exemption, and a 

vehicle must be being stored on the property prior to the adoption date of this section. 

3. Exemptions granted from the requirements of this section shall be 

considered a legal non-conformance and shall be subject to the provisions of the 

Non-Conforming Use Regulations of the Village Zoning Ordinance. 

2001 S-5


(e) Outside storage or overnight parking of recreational vehicles. A 

recreational vehicle is defined as: A vehicular unit designation which applies to every 

vehicle or boat designed for temporary living quarters, or recreation, including, but not 

limited to the following types: 

Definitions. 

CAMPER TRAILER. A folding or collapsible vehicular structure without 

its own motive power, designed as a temporary living quarters for travel, camping, 

recreation and vacation use, and is required to be licensed or registered and insured for 

highway use. 

MOTOR HOME. A vehicular unit built on or as a part of a self-propelled 

motor vehicle chassis, designed as a living quarters or temporary living quarters for 

travel, camping, recreation, or vacation use, and is required to be licensed and/or 

registered and/or insured for highway use. 

OFF-THE-ROAD VEHICLE. A vehicle intended principally for 

recreational use off road where state vehicle licenses are required, such as a dune buggy, 

motorcycle or go-cart. 

OTHER RECREATIONAL VEHICLE. Any other vehicle determined to 

be a recreational vehicle by the village authority having jurisdiction over these 

regulations. 

RACING CAR or CYCLE. A vehicle, stored on a licensed trailer, intended 

to be used in racing competition, such as a race car, stock car, or racing cycle. 

Note: A racing car or cycle shall either be stored or parked within an 

enclosed structure or be placed on an approved trailer and located within the setbacks as 

required by this section. 

RECREATIONAL WATERCRAFT. A general term applying to all 

manner of watercraft, other than a seaplane on water, whether impelled by wind, oars, or 

mechanical devices, or other power source, and which is designed primarily for 

recreational or vacation use. 

SNOWMOBILE. A vehicle with a continuous tread and runner-type 

steering device used primarily for over-snow travel. 

TRAVEL TRAILER. A rigid vehicular structure, without its own motive 

power, designed as a living quarters or a temporary living quarters for travel, camping, 

recreation, or vacation use, and, may be required to be licensed and/or registered and/or 

insured for highway use. 

TRUCK CAMPER (SLIDE-IN CAMPER). A structure designed primarily 

to be mounted on a pickup or truck chassis and designed to be used as a temporary 

dwelling for travel, camping, recreational or vacation uses. 

UTILITY TRAILER. A vehicular structure, without its own motive power, 

designed and/or used for the transportation of all manner of motor vehicles, boats, 

equipment, goods or materials and may be required to be licensed and/or registered 

and/or insured for highway use in accordance with the Illinois Motor Vehicle Code.

When a vehicle or vehicles is mounted on the trailer, such vehicle or vehicles and trailer 

shall be counted as one vehicle and shall be subject to the provisions of this section. 

2001 S-5


(f) Permanent storage of recreational vehicles. The outside storage or 

parking of no more than one recreational vehicle per property, as defined above, shall be 

permitted, provided the following criteria are met: 

1. The recreational vehicle shall be parked or stored completely on an 

impervious surface (concrete, black top, brick pavers, etc.) to be approved by the village 

authority having jurisdiction. Gravel, wood chips, grass, pavers under only the tires, etc. 

are not approved surfaces. 

2. The recreational vehicle shall be stored completely behind any 

required front building or yard abutting a street building setbacks. 

3. The recreational vehicle shall be stored completely behind the 

front of the primary structure. 

4. The recreational vehicle shall be setback at least three feet from 

any side and five feet from any rear property lines. 

5. The recreational vehicle storage area and the actual recreational 

vehicle in question shall be maintained in a clean, well kept condition so as not to detract 

from the appearance of the surrounding area as determined by the village authority 

having jurisdiction. 

(g) Any property owner residing in the village, at the same address, prior to 

December 31, 1979, who cannot reasonably meet the requirements of this section with 

regard to the parking or storage of recreational vehicles (as determined by the village 

authority having jurisdiction over those regulations) may request an exemption from the 

requirements of this section. Property owners must submit proof of ownership (i.e. deed, 

property tax bills, etc.) to be considered eligible for the exemption and a vehicle must be 

being stored on the property prior to the adoption date of this section. Exemptions 

granted from the requirements of this section shall be considered a legal 

non-conformance and shall be subject to the provisions of the non-conforming use 

regulations of the Village Zoning Ordinance. 

(h) Temporary storage of recreational vehicles. Temporary storage only 

of not more than one recreational vehicle on a property, shall be permitted subject to the 

provisions found below. 

1. The resident shall notify the Huntley Police Department within at 

least 24 hours of arrival on the premises on which the recreational vehicle is to be parked. 

2. Temporary parking or storage shall be permitted for a maximum of 

seven consecutive days, not to exceed more than 28 days in any calendar year. 

3. The recreational vehicle shall be parked or stored completely on an 

impervious surface (concrete, black top, brick pavers, etc.) to be approved by the village 

authority having jurisdiction. Gravel, wood chips, grass, pavers under only the tires, etc. 

are not approved surfaces. 

4. The recreational vehicle shall be stored in a safe, well kept manner, 

completely on private property as determined by the village authority having jurisdiction.

2001 S-5

Zoning Code 

302A 

5. The recreational vehicle shall not be parked or stored in such a way 

as to jeopardize the health or safety of pedestrians or motorists using any adjacent public 

or private rights-of-way by obstructing sight lines, causing excessive noise, or otherwise 

causing an unsafe condition as determined by the village authority having jurisdiction. 

(i) Residents not currently meeting the requirements of this section shall 

have 90 days from the date of this section in which to notify the Building Department of 

noncompliance. Further, residents that notify the Building Department within the allowed 

time shall be granted a one year exemption from the date of this section in order to 

conform to the requirements of this section. Residents that do not notify the Building 

Department within the allowed time or residents that do not comply with this requirement 

once the exemption period is over, will not be in compliance with this section and may be 

subject to a ticket and/or a fine of not less than $50 or more than $500 per violation and 

each day constitutes a separate violation. 

(j) Residents that do not comply with any/all portions of this section will 

not be in compliance with this section and may be subject to a ticket and/or a fine of not 

less than $50 or more than $500 per violation and each day constitutes a separate 

violation. 

(k) Any surfaces or structures built in order to conform to this section shall 

conform to all village building, zoning, and subdivision codes. All appropriate building 

permits shall be obtained from the Building Department prior to construction. 

(l) No parking or storage of a vehicle subject to the provisions of this 

section shall create a dangerous or unsafe condition or threaten the health, safety, or 

welfare of any person as determined by the village authority having jurisdiction. 

(C) Design and Maintenance—Parking Spaces. 

(1) Parking Spaces—Description. 

(a) A required off-street parking space shall be an area of not less than 171 

square feet nor less than nine feet wide by 19 feet long, exclusive of access drives or 

aisles, ramps, columns, or other obstructions, accessible from streets or alleys or from 

private driveways or aisles leading to streets or alleys. Aisles between vehicular parking 

spaces shall be not less than 12 feet in width when serving automobiles parked at a 45 

degree angle in one direction nor less than 25 feet in width when serving automobiles 

parked perpendicular to the aisles and accommodating two-way traffic. Where 

appropriate to facilitate parking of compact automobiles, these standards may be reduced. 

Up to 20% of required parking spaces may be for compact cars. All parking lot designs 

shall be approved by the village. 

(b) For any use which provides 20 or more parking spaces, sufficient space 

and facilities shall be provided for the parking of bicycles. Such space and facilities shall 

be located so as to minimize the conflict of bicycle circulation with that of both 

pedestrians and motor vehicles. For any use which provides 20 or more spaces, one 

space designed, reserved and so designated for a motorcycle shall be provided, plus one 

additional motorcycle space for each additional 20 spaces, but the total need not exceed 

five. Motorcycle parking spaces shall have a minimum dimension of four feet by seven 

feet and

2001 S-5

302B 

Huntley - Land Usage 

shall not be counted as a parking space for the purposes of this chapter. 

(c) Handicapped Requirements: For any use which provides parking 

spaces, the following formula shall be used to determine the number of spaces which 

shall be designed, reserved and so designated for the use of the handicapped: Total 

number of parking spaces for disabled drivers shall conform to the design standards of 

standard parking spaces and to the statutes of the State of Illinois, as found in the Illinois 

Accessibility Code. 

(d) Parking Lot Landscaping. Where the provision of off-street parking 

for 50 or more vehicles is required, there shall be landscaped open space within the 

perimeter of the parking area or areas, in the minimum amount of 12% of the entire 

surface area of the parking lot, which shall be so located that no parking space is more 

than 80 feet from a portion of the landscaped open space required by this section. For the 

purpose of calculating the surface area to be used in determining the 12 feet, all paved 

areas to the rear of the required ten-foot parking setback and inside the perimeter 

extremity of said paving shall be considered the total surface area of the parking lot. 

With the exception of the required ten-foot landscaping setback for parking, landscaping 

on the perimeter of the lot between any paving and the lot line may be used to meet the 

landscaping requirement to the extent it does not exceed one-half of the 12%. The 

required landscaped open space need not be contiguous, but there shall be in each 

separate area, sufficient planting of a type and density to conform with established 

landscape standards. All plant materials shall be maintained in a healthy condition and 

shall be kept pruned to maximize visibility through and between heights of two and 

one-half feet and seven feet, except where located so as to create no hazard to drivers or 

pedestrians. Each landscaped area shall be designed and planting materials located in 

such a manner as to reasonably protect the plants from being struck by automobiles and 

other vehicular traffic. 

(e) All new parking lots of 100 or more spaces, expansions of existing 

parking lots to 100 or more spaces, or paved parking surfaces of more than 30,000 square 

feet shall be required to have the parking facility design reviewed by the Plan 

Commission and approved by the Village Board. 

(f) All parking lots shall have perimeter curb installed. (As approved by 

Village Engineer. All handicapped parking requirements to be designed in conformance 

with state law.) 

(2) Open and Enclosed Spaces. Parking areas may be open or enclosed unless 

otherwise herein specified. 

(3) Required Setbacks. No parking space nor portion thereof, established on 

the same zoning lot with a building or authorized on another lot under the terms of this 

chapter, shall be located within the first ten feet of the landscaped setback as measured 

from the street right-of-way, except for single family dwellings as provided in Table 8. 

Open parking areas are permitted in required side and rear yards provided that 

commercial and industrial parking areas shall be screened from all adjacent residential 

districts and institutional uses. Enclosed parking shall conform to the regulations 

established for accessory building. Parking lot layout, design and screening solutions 

shall be provided to the Zoning Administrator for his review for approval. 

2001 S-5

Zoning Code 

302C 

(4) Access. Parking facilities shall be designed with appropriate means of 

vehicular access to a street or alley in such manner as will least interfere with the 

movement of traffic. No driveway or curb cut in any district shall exceed 25 feet in 

width, except that turning radii, divided entrances/exits with island dividers, and joint 

driveway/curb cuts serving more than one lot or parcel may be permitted to exceed this 

distance, upon approval, in writing, of the Village Engineer. 

(5) Surfacing. All open off-street parking areas shall be improved with a 

compacted gravel base and a surface which meets applicable village ordinances. Where 

environmental issues are identified, alternative design and construction measures shall be 

required by the Village Engineer to assure 100% recharge on-site, while meeting 

appropriate structural requirements. 

(6) Screening and Landscaping. All open off-street parking areas, separation 

islands and access drives for six or more vehicles shall be effectively screened by a wall, 

a solid fence, earth bed, or a densely compact evergreen hedge along any side which 

adjoins, or is directly across a street or alley from a property in a residential district. 

Such wall, fence or hedge shall be at least six feet in height and shall be maintained at 

that height in good condition. 

2001 S-5

302D 



(7) Lighting. All required open off-street parking areas, other than parking for 

single family and two family dwellings, shall be lighted as follows: 

required. 

(a) An average minimum illumination of two foot candles shall be 

(b) Lighting fixtures shall be so arranged as to reflect the light downward 

and away from residential properties with the source not visible. 

(c) All lighting cable shall be placed underground and shall be installed in 

steel conduit (when under pavement) and buried at a depth of two feet. 

(d) All lighting system designs shall be reviewed for approval by the 

Zoning Administrator. 

(8) Drainage. All off-street parking facilities shall meet all applicable village 

ordinances and proper engineering standards. 

(9) Striping of lots shall conform to dimensions required by the ordinance that 

regulates size of space, aisles, and the like. Handicapped parking shall be stripped as per 

state requirements at the time of stripping and the handicapped parking space shall be a 

minimum of eight feet or size of required stall plus eight feet access aisle to right of 

space. 

NOTE: State law requirements are the minimum requirements relative to all aspects of 

handicap uses. 

(D) Design and Maintenance; Loading Spaces. 

(1) Loading Berth—Description. An off-street loading berth shall be a 

hard-surfaced area of land, open or enclosed, other than a street or a public way, used 

principally for the standing, loading or unloading of motor trucks, tractors and trailers so 

as to avoid undue interference with the public uses of the streets, sidewalks and alleys. A 

required loading space shall be not less than ten feet in width, 45 feet in length, and 14 

feet in height, exclusive of access aisles and maneuvering space, except as otherwise 

specifically dimensioned hereafter. 

(2) Location. No permitted or required loading berth shall be closer than 50 

feet to any property in a residential district unless completely enclosed by solid building 

walls or fences or any combination thereof not less than six feet in height, and maintained 

in good condition. No permitted or required loading berth shall be located within 25 feet 

of the nearest point of street right of way or the intersection of any two street rights of 

way. Loading berths open to the sky may be located in any required side or rear yards. 

Where unusual circumstances exist, the village may permit loading spaces to be closer to 

the right of ways or may require additional height of fence or screening. 

2001 S-5


(3) Measurement of Berth. When determination of the number of required 

off-street loading berths results in a requirement of a fractional berth, any fraction up to 

and including one-half shall be disregarded and fractions over one-half shall be 

interpreted as one loading berth. 

(4) Surfacing. All open off-street loading berths shall be improved with a base 

and surface which meet all applicable village ordinances. 

(E) Required Number of Parking Spaces. Table 8 shows the number of spaces 

required for various types of uses in the districts established by this chapter. In 

calculating the total number of spaces, the following rules shall apply: 

(1) The number of spaces required for a particular use and its accessory uses or 

components as shown in Columns 3 through 8 is cumulative and the separate 

requirements shall be added together to determine the total number of spaces required. 

(2) PER 1000 SQUARE FEET shall mean each 1,000 square feet of usable 

area exclusive of storage areas, mechanical equipment rooms, stairwells, restrooms, 

hallways, lobbies not used for reception and other areas not normally occupied by either 

employees or customers, and exclusive of other facilities for which separate parking 

requirements are established. When determination of the number of off-street parking 

spaces required by this chapter results in a requirement of a fractional space. 

(3) The design capacity of overnight accommodations shall be taken as the 

number of beds in a hospital, nursing home, group dwelling, or similar facility, or the 

number of beds in a hotel, motel or similar facility. Office areas will be calculated 

separately to provide for staff. Medical facilities shall be calculated separately and shall 

include nursing stations. 

(4) The design capacity of assembly facilities shall be taken as the total seating 

capacity in all auditoriums, theaters and similar places of assembly. 

(5) The design capacity of eating facilities shall be taken as the total seating 

capacity in all dining rooms, taverns, cafeterias and similar rooms. Eating facilities 

designed for the exclusive use of persons employed on the premises or of persons 

residing on the premises need not be provided with additional parking spaces. Carry-out 

eating establishments are required to provide one parking space for each 15 square feet of 

area provided for customer service. 

(6) Residential parking requirements are to provide sufficient parking in the 

various neighborhoods. Visitor parking is a concern particularly in the more densely 

developed projects. Outside visitor parking shall be provided at the following rates 

which are included in Table 8: Single family and two family = 1.0 space per dwelling 

unit (D.U.); Multiple family @ 3 to 4 units per building = .75 spaces per D.U.; and 

multiple family @ 5 or more units per building = .50 spaces per D.U. Professional 

medical offices have special requirements with a high employment to patient ratio and 

the frequent back-up of patients creates unusual parking demands. A ratio roughly twice 

that of other office space has been established. 

2001 S-5


(7) All fractions shall be increased to the next highest number. 

(8) Area calculable shall mean all useable area except that of storage areas, 

mechanical equipment rooms, stairwells, restrooms, hallways, lobbies not used for 

reception and other areas not normally occupied by either employees or customers, and 

exclusive of other facilities for which separate parking requirements are established. 

(9) Special Conditions. The required number of parking spaces may be 

lowered by no more than 10% if the Zoning Administrator determines that such a 

reduction is warranted by special locational or spatial circumstances. 

(10) When unusual circumstances exist and meeting these provisions would 

constitute hardship, the village may receive a cash contribution in lieu of on-site parking 

facilities. Value per parking space for this contribution will be calculated taking into 

consideration comparable land value, the cost of design, engineering, construction, 

lighting and landscaping. Funds received by the village in lieu of on-site parking 

facilities will be utilized to provide additional parking facilities. Policies for leasing these 

spaces back to the donor at a rate to cover administrative, maintenance and policing costs 

will be established. 

(F) Required Number of Loading Spaces. Table 9 shows the number of loading 

spaces required for the various uses in the districts established by this chapter. In 

calculating the total number of spaces required the following rules shall apply: 

(1) For uses or buildings, including accessory buildings, having a combined 

floor area of less than 20,000 square feet, the number of loading spaces shown in Column 

3 shall be required. 

(2) For uses or buildings, including accessory buildings having a combined 

floor area greater than 20,000 square feet but less than 50,000 square feet, the number of 

loading spaces shown in Column 4 shall be required. 


floor area greater than 50,000 square feet, but less than 100,000 square feet, the number 

of loading spaces shown in Column 5 shall be required. 


floor area greater than 100,000 square feet, the number of spaces shown in Column 5 plus 

the number of spaces shown in Column 6 for each additional 100,000 square feet, or 

major fraction thereof, shall be required. 

(G) Sign Regulations. Signs, whether constructed as a principal use or as an 

accessory use, shall conform to the regulations of the Village Sign Ordinance. 

(Ord., passed 7-17-89; Am. Ord. 91-11-02, passed 11-14-91; Am. Ord. 00-11-02-01, 

passed 11-2-00) Penalty, see § 156.999 

2001 S-5


§ 156.074 ACCESSORY USES. 

(A) Uses Permitted as Accessory Uses. The term "accessory use" includes, but is 

not limited to, the following: 

(1) For Residential Uses. Children's playhouse garden house, private 

greenhouse, garage, shed or buildings for domestic storage and similar structures for 

accessory uses. Waste disposal containers shall be enclosed and screened from public 

view. 

(2) For Business Uses Including Office Uses. Storage building for merchandise 

or materials normally carried in stock as part of a principal use, off-street parking and 

loading facilities, garages. 

(3) For Industrial Uses. Process production or maintenance facilities clearly 

subordinate to, and incidental to, the principal use; guardhouses, garages, off-street 

parking and loading facilities, storage buildings. 

(4) For All Uses. Signs as permitted by this chapter, public utility equipment 

and supporting structures, other uses meeting the definition of an accessory use in 

§ 156.003. 

(B) Location of Accessory Uses. 

(1) No accessory building may be located in a required front yard in any zone. 

(2) No accessory building may be located in a required side yard in any zone, 

except that in a business or industrial zone, an accessory building may be located 

adjacent to a railroad right-of-way for the purpose of providing a rail loading dock. 

except: 

(3) No accessory building may be located in a required rear yard in any zone 

(a) That in a residential zoned an accessory building may be located in a 

rear yard to within five feet of the rear lot line and to within three feet of a side yard lot 

line provided that the wall of the accessory building adjacent to the rear lot line shall 

contain no openings. 

(b) No accessory building shall be located within six feet of a principal 

building. An attached accessory building shall be considered as a part of the principal 

building as defined in § 156.003. 

(c) That in a business or industrial zone, an accessory building may be 

located adjacent to a railroad right-of-way but only for the purpose of providing a rail 

loading dock. 

(C) Construction of Accessory Buildings. An accessory building shall not be erected 

prior to the establishment or construction of the main building to which it is accessory. 

(D) Regulations for Specific Accessory Uses.

1998 S-3 Repl.


zone. 

(1) Swimming Pools. Private swimming pools are permitted in any residential 

(2) Fallout Shelters. Fallout shelters are permitted as principal or accessory 

uses and structures in any zone, subject to the yard and lot coverage regulations of the 

zone. These shelters may contain or be contained in other structures or may be 

constructed separately. In addition to shelter use, they may be used for any principal or 

accessory use permitted in the zone, subject to the applicable village ordinances, but shall 

not be used for principal or accessory uses prohibited expressly or by implication in the 

zone. 

(3) Tents. No tent shall be used, erected or maintained as living quarters. Tents 

used in commercial or industrial zones or tents used for camping purposes, wherever 

permitted, shall be of a temporary nature. 

(4) Customary Home Occupations. Any occupation which is customarily, in 

whole or in part, conducted in a residence, may be conducted in any dwelling unit 

provided all of the following criteria are met: 

(a) The use for the occupation must be clearly incidental to the use of the 

dwelling as a residence; 

(b) No persons other than members of the immediate family residing in the 

dwelling unit and one additional employee or equivalent, shall be employed in a home 

occupation; 

(c) No stock-in-trade shall be displayed or sold upon the premises; 

(d) No activity, structure or anything exterior to any structure shall indicate 

that it is being used for any non-residential purpose, except a sign as may be permitted by 

the village. 

(e) No mechanical or electrical equipment shall be installed or maintained 

other than such as is customarily incidental to a home. No mechanical or electrical 

equipment shall be operated in such a way as to interfere with the use and enjoyment of 

neighboring properties or indicate that the structure is being used for a non-residential 

purpose; 

(f) Stock-in-trade, including that which is provided on the premises shall 

not require receipt or delivery of merchandise, goods or supplies, other than by United 

States Mail, similar parcel delivery service, or by private vehicle with a gross vehicle 

weight not to exceed 12,000 pounds; 

(g) All activity associated with the home occupation must be conducted 

within a closed structure; 

(h) No home occupation shall be operated in such a manner as to cause a 

nuisance, some of which are listed herein: 

1. Will not require more vehicle parking space than exists on the 

residential drive or assigned parking spaces servicing the dwelling unit.

1998 S-2


2. The activity shall create no noise in excess of that of normal daily 

activity for a residential area, measured at the lot line of the premises or exterior to party 

walls in multiple family areas is prohibited. 

3. The emission of odorous matter in such quantities as to be readily 

detectable at any point along lot lines, or exterior to party walls in multiple family areas 

is prohibited. 

4. Will not create aesthetic problems in the storing or disposing of 

trash or materials emanating from the activity. 

(i) No hazard shall be created that would or could endanger the dwelling 

unit or its occupants or other structures or their occupants by reason of additional fire, 

health, safety or environmental hazards. 

(j) No home occupation shall involve the keeping or care of humans, 

animals, birds or reptiles. 

(k) Parking of trucks associated with a home occupation shall conform 

with regulations concerning parking of commercial vehicles in residential areas as 

delineated in this chapter and in accordance with any ordinance of the village, 

establishing load limits upon the streets of the village. 

(E) Satellite Antenna. 

(1) General. All installations of satellite antennae shall be considered 

extraordinary structures and may only be installed upon obtaining a building permit prior 

to installation. 

(2) Residential Zone. No building permits shall be granted for satellite 

antennae in a residential zone unless: 

(a) The applicant demonstrates that the intended use is authorized under 

applicable federal law. 

(b) The smallest practical size shall be used for any dish and any enclosed 

fence. Such dish shall be of a diameter size no greater than eight feet in its maximum 

dimension. Any such dish shall be mounted as close to the ground as possible and shall 

not rise from the ground in excess of 14 feet in height as its maximum point. Elevated 

installations on roofs are prohibited. 

(c) The construction and installation of satellite antennae shall strictly 

conform to all city ordinances. 

zone lot. 

(d) Not more than one such satellite antenna may be installed on a single 

1998 S-2


(e) In every case, the installation shall be located in the rear yards. Five 

feet minimum from any side lot line and ten feet minimum from any rear lot line, 

measured from the outer edge of the antennae when tilted at its furthest projection. 

(f) All installations shall exhibit architectural quality, coloration to blend 

with surroundings and structural integrity. Experimental or temporary installations, 

inferior materials and questionable stability are not permitted. In every case the entire 

installation, including any fences or other housing, must be compatible with the character 

of the surrounding area of the city, and shall have not adverse impact on the property, the 

neighborhood or general public, and to the extent possible, screening by planting shall be 

preferred. Permanent foundations shall be adequate for anticipated wind loads. 

Electrical connections shall be low voltage direct for pulsed current except where the 

device connected is Underwriters Laboratory approved, in which case alternating current 

will be allowed to Code requirements. Consideration shall be given to protection of 

children as in the case of an attractive nuisance. 

(g) Grounding method shall be direct to grounding electrode as required by 

the Electrical Code of the village. 

(h) If the dish is four feet in diameter or smaller it may be placed on the 

roof of a residential property provided that its height does not exceed the maximum 

allowed in the district and that the base of the antenna is located within five feet of the 

rear wall. 

(3) Nonresidential Zone. No building permit shall be granted for satellite 

antennae in a nonresidential zone unless: 

(a) The applicant demonstrates that the intended use is authorized under 

applicable federal law. 

(b) The smallest practical size shall be used for any dish. Such dish shall 

be of a diameter size no greater than ten feet in its maximum dimension. Any such dish 

to be mounted on a roof top shall be approved by a licensed structural engineer. No 

rooftop installation shall exceed 21 feet in height. 

(c) The construction and installation of satellite antennae shall strictly 

conform to all village ordinances. 

zoning lot. 

(d) Not more than one such satellite antenna may be installed on a single 

(e) Where nonresidential property abuts residential property it must 

comply with the location requirements or sections of this chapter on the abutting side. 

(f) All installations shall exhibit architectural quality coloration to blend 

with surroundings and structural integrity. Experimental or temporary installations, 

inferior materials and questionable stability are not permitted. In every case the entire 

installation must be compatible with 

1998 S-2


the character of the surrounding area of the city. Permanent foundations shall be 

adequate for anticipated wind loads. Electrical connections shall be low voltage direct or 

pulsed current except where the device connected is Underwriters Laboratory approved, 

in which case alternating current will be allowed to Code requirements. Consideration 

shall be given to protection of children as in the case of an attractive nuisance. 

(g) Grounding method shall be direct to grounding electrode as required by 

the Village Electrical Code. 

(4) Permit Procedure. An application for a building permit for installation of a 

TVRO may be obtained from the office of the building and Code enforcement and shall 

be submitted to the Zoning Administration for review. Any request for variation to this 

chapter shall be submitted to the zoning Administrator, the variation request shall be 

submitted to the Zoning Board within 30 days. 

(5) Application. In all requests for permits, the application shall include all 

items generally required for the action sought including the following: 

(1) Plot plan showing proposed location and dish projection at extremes of 

the satellite band to be viewed. 

(2) Plans and specifications for the installation, including elevations, dish 

configuration, mount, foundation and any motorization, fencing or other proposed 

housing. 

(6) Permit Fee. Fee for installation of satellite antennae shall be set from time 

to time by action of the Village Board. Electrical permits will be in addition to this when 

required. 

(Ord., passed 7-17-89; Am. Ord., passed 5- -93) 

§ 156.075 TEMPORARY USES. 

The following regulations govern the operation of certain transitory or seasonal uses. 

(A) Application. Application for a temporary use permit shall be made to the 

Zoning Administrator, approved by the Village Board and shall contain 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 portray the property, 

including adjacent zoning, land uses and activities: 

(2) A description of the proposed use. 

(3) Sufficient information to determine the yard requirements, sanitary facilities 

and availability of parking space to serve the proposed use. 

1998 S-3 Repl.


(B) Uses Permitted as Temporary Uses. The following are temporary uses and are 

subject to the following specific regulations and time limits in addition to the regulations 

of any zoning district in which the use is located: 

(1) Carnival or Circus. A temporary use permit may be issued for a carnival or 

circus for a period not longer than 45 days. (See Table 2) 

(2) Christmas Tree Sales. A temporary use permit may be issued for the 

display and open lot sales of Christmas trees for a period not longer than 45 days. (See 

Table 2) 

(3) Contractor's Office and Equipment Sheds. 

(a) A temporary use permit may be issued for a contractor's temporary 

office and equipment sheds incidental to a construction project. 

(b) The office or shed shall not contain sleeping or cooking 

accommodations. The permit shall be valid for not more than one year, but is renewable. 

Storage of flammable liquids, explosives, combustibles or other similar hazardous 

materials is prohibited, unless authorized in writing by the village. The office or shed 

shall be removed upon completion of the construction project. 

(4) Real Estate Sales Office. A temporary use permit may be issued for a 

temporary real estate sales office in any new subdivision or planned development which 

has been approved by the village. The permit shall be valid for not more than one year, 

but is renewable. The office shall be removed upon completion of the development of 

the subdivision or planned development. A model home or other structure may be used 

as a temporary sales office, except that sleeping and cooking facilities shall not be used. 

(5) Religious Tent Meeting. A temporary use permit may be issued for a tent or 

other temporary structure to house religious meetings for a period of not more than 30 

days. (See Table 2) 

(6) Seasonal Sale of Farm Produce and Garden Plants. The Temporary Use 

Permit for Seasonal Sales will only be issued to applicants who propose to sell outside 

items which are related to the normal course of their indoor business. A Temporary Use 

Permit may be issued when a property owner undertakes a special promotion for the 

seasonal sale of produce and garden plants outside. The permit shall be valid for a period 

of not more than two months, but may be renewable up to two additional months. (See 

Table 2 for permitted zoning districts). Conditions of approval may be placed upon these 

requests regarding issues such as location of stock from street right-of-ways, 

unobstructed pedestrian ways and driveways, parking adequacy, and other public health, 

safety and fire protection issues. Any such sale may not take place from a temporary 

structure or mobile unit other than an unenclosed sales counter. 

(7) Special Promotions. Where one or more businesses undertake a special 

promotion for the sale of goods outside, a temporary use permit shall be required (see 

§ 156.176). Such permit shall be for a period of not more than 72 consecutive hours 

(three days) in any one calendar month. 

1998 S-3


(8) Tent Theater. A temporary use permit may be issued for a tent theater. The 

permit shall be valid for not more than three months per year. (See Table 2) 

(Ord., passed 7-17-89; Am. Ord. 96-06-27-02, passed 6-27-96) 

§ 156.076 SUPPLEMENTARY USE REGULATIONS. 

(A) Uses in Residential Districts—Repair of Vehicles. 

(1) The repair or servicing of automobiles, trucks, or other motorized vehicles 

shall be prohibited in any residential zoning district, unless as herein provided: 

(a) The vehicles are owned by a resident or residents of the property. 

(b) The repair or servicing is conducted by a resident or residents of the 

property, and provided that all major vehicle repair or servicing shall be conducted 

entirely within an enclosed building or structure upon the property. 

(c) The repair or servicing shall not create a fire, health or explosion 

hazard, emit noxious fumes, offensive odors, excessive noise, smoke, vibrations, dust, 

glare, visual nuisances or other objectionable pollution factors. 

(B) Nothing contained in this section shall prohibit authorized emergency vehicles 

from performing emergency road service including, but not limited to, the starting of 

vehicles, the charging or changing of batteries of vehicles, the changing of tires, fan belt 

replacement, and the installation of new windows. 

(Ord., passed 7-17-89) 

SPECIAL USES—GENERAL PROVISIONS 

§ 156.090 PURPOSE. 

In addition to those uses permitted by right in each district, there are certain other 

uses which may be permitted by special use permits, subject to the provisions in this 

section. These special uses require particular consideration as to their proper location and 

their relationship to surrounding uses and zoning districts and their impact upon the 

planned and orderly development of the neighboring property values and the village. 

(Ord., passed 7-17-89) 

1998 S-3


§ 156.091 LOCATION. 

Particular special uses may be permitted in zoning districts as shown in Table 2, 

Section 4. 

(Ord., passed 7-17-89) 

§ 156.092 STANDARDS FOR ALL SPECIAL USES. 

The Village Board may authorize a special use as provided herein upon determining 

and finding as fact the following: 

(A) That the proposed use is necessary or desirable at the location involved to 

provide a service or facility which will further the public convenience and contribute to 

the general welfare of the neighborhood or community. 

(B) That the proposed use will not be detrimental to the value of other properties or 

improvements in the vicinity. 

(C) That the proposed use will comply with the regulations of the zoning district in 

which it is located and this chapter generally including, but not limited to, all lot yard and 

bulk regulations, parking and loading regulations, sign control regulations and flood plain 

regulations and all other applicable village ordinances. 

(D) That the proposed use shall conform to any stipulations or conditions made a 

part of a special use permit issued for such use. 

(E) That the proposed use shall conform to the regulations established for specific 

special uses as provided in this section. 

(Ord., passed 7-17-89) 

§ 156.093 APPLICATION. 

Application for a special use permit shall be made to the Zoning Administrator in 

writing by the owner of the property in question and shall be accompanied by the 

following information plus any additional information required by this section: 

(A) A survey of the property. 

(B) A site plan, drawn to scale, showing the location of all proposed structures 

driveways, parking areas, and other development features of the proposed use. 

(C) Additional information as required by this section. 

1998 S-2


(D) Additional information indicating compliance with the regulations of this 

chapter and all other applicable village ordinances. 

(Ord., passed 7-17-89) 

SPECIAL USES FOR USES OTHER THAN PLANED UNIT DEVELOPMENT 

§ 156.105 STANDARDS FOR SPECIFIC SPECIAL USES. 

In addition to the general standards for special uses established above, the following 

special uses shall comply with the specific standards herein established. 

(Ord., passed 7-17-89) 

§ 156.106 AIRPORT AND HELIPORTS. 

(A) The area shall be sufficient and the site otherwise adequate to meet the standards 

of the Federal Aviation Administration and the Illinois Division of Aeronautics, 

Department of Transportation for the class of airport proposed, and in accordance with 

their respective published rules and regulations. 

(B) Any building, hangar, or other structure shall be at least 100 feet from any street 

or boundary line. 

(C) There shall be adequate off-street parking spaces. The off-street parking design 

shall be reviewed for approval by the village. 

(D) If airport zoning is not in effect: 

(1) Any proposed runway or landing strip shall be situated so that the approach 

zones are free of any flight obstructions such as towers, chimneys, other tall structures or 

natural obstructions outside the airport site. 

(2) There shall be sufficient distance between the end of each usable landing 

strip and the airport boundary to satisfy the requirements of the Federal Aviation 

Administration. If air rights or casements have been acquired from the owners of 

abutting properties in which approach zones fall, satisfactory evidence thereof shall be 

submitted with the application. 


1998 S-2


§ 156.107 AUTOMOBILE WRECKING YARD. 

(A) Any automobile wrecking yard, junk yard, scrap yard or salvage yard for which 

permission is granted under this section shall, at all times, be subject to the performance 

standards established for the zoning district. 

(B) All outdoor storage areas shall be screened or fenced with a solid fence at least 

six feet in height but no more than eight feet in height, earth berms, or enclosed with a 

dense evergreen growth at least six feet in height. Storage between the street and such 

fence or screen is expressly prohibited. Storage above the height of the fence or 

screening is prohibited unless fully enclosed. 

(C) Any junk or salvage yard which offers to the public at retail any new or used 

merchandise shall provide at least two parking spaces in an off-street parking lot per each 

100 square feet of retail floor space. 


§ 156.108 CEMETERY. 

(A) The site proposed for a cemetery shall not interfere with the development of a 

system of collector and larger streets in the vicinity. In addition, the site shall have direct 

access to a public thoroughfare. 

(B) Any new cemetery shall be located on a site containing at least ten acres. 

(C) All burial buildings shall be set back at least 80 feet from any street bounding 

the cemetery and at least 55 feet from all side and rear lot lines. A burial building is any 

building used for the interment of bodies or other remains of persons who have died, 

including mausoleums, vaults or columbaria. 

(D) All graves or burial lots shall be set back at least 30 feet from any street 

bounding the cemetery and at least 25 feet from all side and rear lot lines. 

(E) Existing cemeteries may continue to operate in a manner consistent with the 

existing development in the area presently occupied. Any expansion to land not occupied 

must comply with the requirements of this section, subsequent to the issuance of a special 

use permit. 

(F) Adequate parking shall be provided on the site, and no cemetery parking shall be 

permitted on any public street. 


1998 S-2


§ 156.109 DRIVE-IN THEATER; SUMMER THEATER; AMPHITHEATER. 

(A) The site shall contain at least five acres. 

(B) The site shall have direct access to a major street. 

(C) All structures, viewing area, and seating areas shall be set back at least 100 feet 

from any street or boundary line. 

(D) All parking areas and access ways shall be adequately lighted; provided, 

however, that such lighting shall be shielded to prevent glare or reflection onto 

neighboring properties or public streets. 

(E) Off-street parking spaces shall be provided in accordance with the provisions of 

§ 156.073. 

(F) The following accessory uses may be permitted as incidental to, and limited to, 

patrons of the principal use: 

(1) Amusement park, kiddieland; 

(2) Refreshment stands or booths; 

(3) Souvenir stands or booths. 

(G) For any drive-in theater: 

(1) The theater screen shall not be visible from any collector or major street 

within 2,500 feet. The viewing area shall be screened in such a manner that it cannot be 

observed from outside the property; 

(2) Off-street space for automobiles of patrons awaiting admission to the 

theater shall be equal to 30% of the capacity of the viewing area. All entrances and exits 

shall be separated and internal circulation shall be laid out to provide one-way traffic; 

(3) All property lines shall be screened by a solid fence at least six feet in 

height. 


§ 156.110 EXTRACTION OF EARTH PRODUCTS. 

(A) An application for extraction operations shall be accompanied by a map, drawn 

to a scale of one inch equals 100 feet showing the following: 

(1) Existing topography at two-foot contour intervals; 

1998 S-2


(2) Locations of watercourses and drainage systems; 

(3) An outline of the area to be excavated. 

(B) An additional map shown at a scale of one inch equals 100 feet shall show a 

general plan for proposed operations and rehabilitation of the site including the 

following: 

(1) The locations of proposed watercourses and drainage systems, including 

lakes, ponds and retention areas; 

(2) The sequence of operations and the schedule of rehabilitation measures; 

(3) The proposed locations of storing, grading, crushing and similar equipment 

necessary to the operation and initial distribution of the excavated products; 

(4) The proposed locations of any buildings, scalehouse, equipment storage 

areas, and equipment repair sheds or areas; 

(5) Site rehabilitation plan shall include proposed future land uses, proposed 

roadways, park lands and recreational features. 

(C) The operation and rehabilitation of extractive products areas shall be in 

accordance with the following conditions: 

(1) Excavation shall not take place within a minimum of 100 feet of any street 

or boundary line. Where deep quarrying 30 feet or more is planned, boundary setbacks 

shall be a minimum of 150 feet and shall conform to state reclamation standards. 

(2) Buildings, structures and storage or repair areas shall be located in 

conformance with yard requirements of the zone in which they are located. 

(3) Access ways and roads shall be maintained in a dust-free condition either 

by oiling or by spraying with calcium chloride. 

(4) Perimeter roads shall be buffered from extraction activities with earth 

mounds at least ten feet in height which store topsoil. Mounds shall be planted with grass 

or other suitable material, such as viburnum, as an erosion retardant. 

(5) All truck loads of extracted materials removed from the site shall be 

covered with tarpaulins in conformance to state standards to insure public safety and 

prevent damage to individuals or their vehicles. 

(6) All operations shall be conducted in a safe manner, especially with respect 

to hazards to persons, damage to adjacent lands or improvements, and damage to any 

street by slides, sinking or 

1998 S-2


collapse of supporting soil adjacent to an excavation. All operations shall be fenced. No 

extraction operation shall be conducted in a manner so as to lower the water table on 

surrounding properties. 

(7) No excavation, removal or fill shall be permitted if the finished conditions 

would contain the following: 

(a) Deep pits having side slopes of greater than 30 degrees; 

(b) Serious on-site erosion problems or erosion problems which could 

extend to neighboring properties; 

(c) Undrained depressions other than artificial lakes or drainage problems 

which adversely affect neighboring properties. 

(8) (a) No processing and stock piling operations shall be conducted closer 

than 660 feet from any estate, residential, commercial or office district or within 660 feet 

of any public or private educational facility or medical facility. All processing operations 

should be enclosed whenever possible and shall be enclosed whenever the operation is to 

be in existence for a longer period of time than nine months. Stockpile areas shall be 

screened from view. 

(b) No extraction operations shall be conducted in such a manner that the 

groundwater table of surrounding properties is lowered. This determination is to be made 

from data secured from testing wells installed, located, operated and maintained by the 

operator on the perimeter of the excavation site. 

(D) Special use permits for the extraction of earth products shall be issued for a 

period of time not to exceed ten years. Such permits are renewable for additional 

five-year periods. 

(E) A corporate surety band or guaranteed letter of credit shall be furnished to the 

village to assure compliance with the approved rehabilitation map. The bond or letter of 

credit shall be in the amount of $100,000 or $1,000 per acre, whichever is greater, for the 

completion of operations and the rehabilitation of the tract. 

(Ord., passed 7-17-89) 

§ 156.111 PUBLIC AND PRIVATE UTILITIES AND SERVICES. 

Buildings and structures not included in the Illinois Utility Exemption and not 

specifically permitted as a matter of right in the various zones, pertaining to water, 

sewerage, gas, telephone and electric utilities through applicable franchise agreements; 

and police, fire, radio and television stations, including broadcasting antennae, are 

required to secure a special use permit. 

(A) Lot Area and Location. The required lot area and location shall be specified as 

part of the special use permit and be determined in relation to the proposed use, the 

intensity of such use and the effects of such use upon the environment. 

1998 S-2

Zoning Code 

318A 

(B) Fencing and Screening. If findings indicate that a hazard may result or that 

interference with the development or use and enjoyment of surrounding properties may 

ensue, fencing or screening with a densely planted evergreen hedge or other shielding 

material may be required in a manner consistent with such findings. 


§ 156.112 SELF-STORAGE FACILITIES. 

(A) Definition. For the purpose of § § 156.112 and 156.113, the following definition 

shall apply unless the context clearly indicates or requires a different meaning. 

SELF-STORAGE FACILITY. Any real property designed and used for the 

purpose of renting or leasing individual storage spaces to occupants who are to have 

access to such for the purpose of storing and removing personal property. 

(B) Site design. 

(1) The site shall be a minimum of two acres and a maximum of 12 acres. 

(2) The following bulk zoning standards shall apply to these uses: 

Site Standards 

Lot area 

Lot width 

Lot coverage 

Front yard building setback 

Side yard building setback 

Rear yard building setback 

Building to building setback 

Front parking/drive setback 

Side and rear parking/drive setback 

Building height 

Floor area ratio 

Open space equipment 

Self-Storage Facilities 

2 acres minimum, 12 acres maximum 

100 foot minimum 

50% maximum 

35 feet minimum 



30 feet minimum (maximum projection to maximum 

projection) 



1 story, 15 feet maximum for outside access facilities 

3 stories, 45 feet maximum for inside access facilities 

.75 maximum 

25% minimum 

2003 S-6 

318B Huntley - Land Usage

(3) The site shall not directly abut any single-family residential zoning districts. 

(4) Self-storage facilities shall not be permitted on corner lots or lots with more 

than one yard abutting a street or right-of-way. 

(5) A total of two separate access points shall be provided to the site. One 

access point shall be considered the main access point allowing for both ingress and 

egress. The second access point shall be provided for egress and emergency ingress only. 

(6) All outside turning radii shall be a minimum 60 feet. 

(7) Outside access, self-storage facilities are those facilities that provide for 

individual access to each unit from the outside. These facilities typically have a drive isle 

between buildings that allow for vehicles to be parked next to each unit. Outside access, 

self-storage units shall be limited to one story or 15 feet in height. 

(8) Inside access self-storage facilities are those facilities that provide a 

common access point into a building that houses the individual self-storage units. The 

individual inside access self-storage unit openings are not accessible or visible from the 

outside. Inside access, self-storage units shall be permitted to a maximum of three stories 

or 45 feet in height provided the following criteria are met: 

(a) The building(s) meets all current, applicable Building Codes. 

(b) Building elevation design, material, color and style shall be approved 

by the village. 

(c) The character of the building(s) must fit in with the character of the 

surrounding developments as determined by the village. 

(9) An on-site office shall be provided. The office shall be located immediately 

adjacent to and provide clear visibility of the main access point. 

(10)The minimum drive width between buildings shall be 30 feet. 

(D) Parking. 

(1) Self-storage facilities are required to provide the following parking spaces: 

(a) Office: 3.5 spaces per 1,000 

square feet of gross office 

space 

(b) Self-storage (outside access): 

(c) Self-storage (inside access): 

1 space per 15,000 square 

feet of gross self-storage 

space 

1 space per 5,000 square 

feet of gross self-storage 

space 

2003 S-6

Zoning Code 

318C 

(d) Handicapped parking spaces shall be provided and designed according 

to the State Accessibility Code, Village Zoning Ordinance and Building Department 

requirements. 

(2) All required parking spaces shall be located near the office use and the 

entrance. 

(a) Visitor/new customer parking shall be provided outside the access gate 

at the main entrance. 

(b) Customer/employee parking shall be provided inside or outside the 

access gate at the main entrance. 

(E) Building design. 

(1) All building elevations facing lot lines shall be constructed with masonry 

materials approved by the village. Metal siding and similar materials are not permitted on 

these elevations. 

(2) The openings to the actual self-storage units shall no be visible from any 

rights-of-way. 

(3) Roofing materials shall be approved by the village. Metal sloped roofs that 

meet all applicable village codes are permitted. 

(4) Color combinations of the elevation and roofing materials shall be approved 

by the village. 

(5) Each self-storage unit shall provide a light source approved by the Building 

Commissioner. 

(6) An exterior lighting plan providing flush mounted, vandal proof lights shall 

be required. All site lighting shall be deflected, shaded, and focused away from all 

adjoining property. The Village Engineer must approve the site lighting plan. 

(F) Buffering. 

(1) All lot lines abutting any rights-of-way must provide an opaque buffer at 

least eight feet in height. Combinations of fencing, landscaping, and berming shall be 

used. 

(2) A landscape plan shall be submitted and approved by the village. 

(3) Self-storage facilities must provide a minimum six-foot high fence 

surrounding the entire site. 

(4) Chain-link or Cyclone fencing is not permitted along the lot lines that abut 

rights-of-way, open space, re/detention areas, undeveloped prop or residences. The 

fencing type and material shall be approved by the village. 

(5) Fencing should be constructed to deter individuals from climbing them. 

This can be accomplished by using vertical slats, increased height (above six feet), or

intense landscaping. Razor wire, barbed ware or other potentially harmful deterrents are 

not permitted. 

2003 S-6 

318D Huntley - Land Usage 

(G) Operation. 

(1) The hours of operation are limited to 5:00 a.m. to 11:00 p.m. Twenty-four 

hour tenant access is prohibited. 

(2) Self-storage facilities shall be staffed by at least one employee during all 

hours of operation, who shall be responsible for the maintenance and operation of the 

facility in conformance with all applicable ordinances. 

(3) On-site residential uses are not permitted. 

(4) The two required access points must be controlled by a moveable gate to be 

approved by the village. 

(5) Emergency response access shall be provided and approved by the Village 

Police Department and the Village Fire Protection District. 

(6) No sales or services of any kind are permitted out of the self-storage units 

by tenants. The operator may provide items for sale in the office after having been 

granted an additional special use permit for sales in the applicable zoning district (if 

required). Any intended sales operations shall be made known to the village by the 

petitioner as part of the special use permit required. 

(7) Security and safety concerns shall be approved by the Village Police 

Department and the Village Fire Protection District. Because the interior of facilities 

requesting a special use permit under these provisions will not be visible from 

rights-of-way, additional security items such as security cameras may be required. 

(8) A maximum of one wall sign will be permitted per facility. The wall signs 

total square footage shall be no larger than 25% of the lot's linear frontage, except that no 

sign shall exceed a maximum of 50 square feet. A sign permit from the Building 

Department is required before any signs can be constructed. 

(9) No storage of hazardous or explosive substances shall be permitted. 

§ 156.113 SELF-STORAGE FACILITIES WITH THE OUTSIDE STORAGE OF 

VEHICLES. 

(A) Self-storage facilities that also include the outside storage of vehicles shall meet 

all of the criteria detailed in § 156.112 of the Zoning Ordinance. The following additional 

criteria shall be met to qualify for a combined special use permit for self-storage facilities 

with the outside storage of vehicles. 

(B) Vehicles covered under this section: 

(1) Automobiles

2003 S-6

Zoning Code 

318E 

(2) Trucks 

(3) Vans 

(4) Recreational vehicles 

(5) Campers 

(6) Motorcycles 

(7) All terrain vehicles 

(8) Golf carts and golf cars 

(9) Trailers 

(10) Boats and boat trailers 

(11) Snowmobiles 

(12) Any other vehicles as determined by the village 

(C) Site design. 

(1) The location(s) of outside storage areas must be clearly shown on the site 

plan submitted for review and approval. At a minimum, the outside storage area shall be 

designed to current engineering standards with regards to pavement type, thickness, etc. 

to be approved by the Village Engineer. No outside storage shall be permitted on 

unpaved surfaces. Outside storage shall only be permitted in the area designated on a site 

plan or plat of survey subject to the following criteria: 

(a) Painted parking spaces must be provided. Minimum parking space size 

is 9 feet wide by 19 feet deep. A minimum 25 foot wide drive lane is required to service 

all outside storage parking spaces. All outside storage parking spaces shall be exempt 

from the requirements of the State Accessibility Code; 

(b) Stacked parking of vehicles is not permitted; and 

(c) For larger vehicles such as RV's, boats, trailers and campers, larger 

parking spaces and drive lanes may be required. The dimensions of those spaces and 

drive lanes shall be approved by the village. 

(2) The outside storage location(s) shall have a minimum 200 foot setback from 

any right-of-way, in all directions. Self-storage buildings, open space, re/detention areas, 

or other zoning lots may fall within this 200 foot minimum setback. 

2003 S-6

318F 

Huntley - Land Usage 

(3) Outside storage locations are not permitted to abut front lot lines. Outside 

storage locations are permitted to abut side and rear lot lines only if all of the following 

criteria are met: 

(a) The lot, at the area in question, abuts a lot zoned “M” Manufacturing, 

or “PDD BP” Planned Development District Business Park. Other areas for the outside 

storage of vehicles may be approved the village, if it is determined that the outside 

storage of vehicles will not negatively impact the abutting land use; 

(b) The screening along the entire lot line at the area in question provides 

for enough vertical screening so no vehicle can be seen from any portion of another 

property at ground level; 

(c) A landscape plan shall be submitted and approved by the village; 

(d) If the outside storage of vehicles location abuts a rear lot line, then the 

side parking/drive setback in the location of the outside storage of vehicles shall be 20 

feet minimum. This setback shall be extended a minimum of 50 feet in each direction 

along the side lot line; and 

(e) If the outside storage of vehicles location abuts a rear lot line, then the 

rear parking/drive setback in the location of the outside storage of vehicles shall be 20 

feet minimum. This setback shall be extended a minimum of 50 feet in each direction 

along the rear lot line. 

(4) The outside storage of vehicles requires one parking space per 15,000 

square feet of storage area (parking spaces only, does not include drive lanes). These 

spaces should be provided in the same location as other spaces provided for the 

self-storage and office portions of a development. No outside storage of vehicles shall be 

permitted in these parking spaces. 

(D) Operation. 

(1) No vehicle sales of any kind are permitted to take place on site. 

Additionally, showrooms for vehicle sales operations with the sales actually taking place 

off site are also not permitted. 

(2) No inoperable vehicles shall be permitted. 

(3) No maintenance, repair, cleaning, or similar activities shall be permitted on 

any vehicles by customers stored at these facilities. 

(4) No vehicle service operations of any kind shall be permitted in conjunction 

with a self-storage facility with outside storage of vehicles. 

(5) If truck/vehicle rental is a permitted use in the zoning district, than 

truck/vehicle rental operations shall be permitted in conjunction with self-storage 

facilities. If those trucks or vehicles being rented are stored outside, then all provisions of 

this section shall be met. 

(6) The outside storage of vehicles shall not be permitted in those parking 

spaces required to service the facility for visitor, customer, and employee parking.

2003 S-6

Zoning Code 

318G 

(7) Security and safety concerns shall be approved by the Village Police 

Department and the Village Fire Protection District. Because the interior of facilities 

requesting a special use permit under these provisions will not be visible, additional 

security items such as security cameras may be required. 

2003 S-6

318H 



SPECIAL USES—PLANNED UNIT DEVELOPMENT 


The regulations contained in this subchapter are established to encourage 

imaginative design of coordinated land uses and to provide relief from the subdivision 

and zoning district requirements which are designed for conventional developments, but 

which may inhibit innovation and cause undue hardship with regard to the use of parcels 

which present technical development problems. These regulations are further established 

to provide a safe and desirable living environment for residential areas characterized by a 

unified building and site development program, to preserve natural features of the site, 

and to provide adequate open space for recreation and other community purposes. 

(Ord., passed 7-17-89) 

§ 156.121 WHEN REQUIRED. 

(A) Two or more primary structures on a single zoning lot of any size must be 

developed as a PUD. 

(B) Any multiple family projects which contain 14 or more dwelling units on one 

zoning lot, whether in one building or more than one building, must be developed as a 

PUD. 

(C) All lands zoned B-3, Shopping Center, must be developed as a PUD. 


§ 156.122 WHERE PERMITTED. 

A Planned Unit Development may be located in any zoning district as shown in 

Table 2, Section 4 subject to the procedures and standards set forth below and subsequent 

to the issuing of a Special Use Permit. 

(Ord., passed 7-17-89) 

2003 S-6


§ 156.123 STANDARDS FOR PLANNED UNIT DEVELOPMENTS 

(A) For any PUD, the regulations and standards established in this section shall be 

substituted for the general regulations set forth elsewhere in this chapter. 

(B) Ownership. Planned Unit Developments shall remain under one ownership 

and/or unified control. A sale of a portion of a parcel designated PUD may occur only 

after a final plat of subdivision is approved and recorded. Further, no final plat of 

subdivision for a parcel designated PUD shall occur until a Final Planned Development 

plan has been approved by the Village Board. However, the village shall continue to 

treat the subdivided parts as a single PUD and require the individual parcel owners to 

conform with the previously approved Final Planned Development. (Also see §§ 156.140 

through 156.152.) 

(C) Required Sewer and Water. A PUD shall be served by a sanitary sewage system 

and a public water supply system owned and operated by the village. Sanitary sewer and 

water mains internal to a PUD shall be located in appropriate easements granting access 

for maintenance purposes to the village. Such easements shall not be construed to 

include a transfer of ownership of the mains of the village. 

(D) Required Parking. The off-street parking regulations found in § 156.073 shall 

apply to all PUDs. Additional parking for guests shall be provided in such number as is 

determined adequate by the Village Board. 

(E) Street Improvements. All streets and street improvements shall be designed by a 

registered professional engineer. The width of streets and the design of the pavement and 

other structures shall be based upon their intended use, shall be related to the overall 

design of the PUD and shall be constructed to the standards of the subdivision regulations 

of the village. 

(F) Required Setbacks. All structures located on the perimeter of a PUD shall be set 

back from the property line or street right-of-way a distance equal to or greater than the 

required setback in the adjacent zone. Interior yards and setbacks shall be in conformity 

with good site planning practice. Any variations from Table 1 requirements must be 

identified. 

(G) Height Restriction. Any structures within a PUD may be 35 feet in height. 

Further, any structure may exceed 35 feet in height provided it is set back from the 

perimeter of its respective section of the PUD two feet horizontally for every one foot of 

building height. 

(H) Minimum Site Area. The minimum land area to be included in a PUD shall be 

two acres, or such lesser size as may be determined acceptable as a PUD by the President 

and the Village Board upon review of the Zoning Board of Appeals recommendations or 

as indicated in § 156.121. 

(I) Bonding Required. A bond or letter of credit to cover the cost of required public 

improvements submitted prior to issuance of any permits for the PUD.

1998 S-2


(J) Design Standards. The development plan shall be prepared by professional 

persons, architects, planners, engineers, landscape architects and surveyors. The benefits 

of the PUD and the improved design of the development must justify the intended 

variation from the normal requirements of this chapter. In preparing the development 

plan, particular consideration shall be given to the following: 

(1) The provision of open spaces for recreation and other outdoor benefits and 

activities in residential portions of PUDs. 

(a) Open space shall not be less than 50% of the net PUD development 

acreage (gross acreage less public right-of-way acreage and unbuildable acreage). Open 

space shall consist of areas not covered by buildings or pavement. Open recreation 

facilities, sidewalks, swimming pools, decks and tennis courts shall be considered open 

space. 

(b) The school and park land dedication or cash in lieu standards of the 

Subdivision Ordinance shall be complied with in all PUDs with residential housing. 

(c) Required school and park dedication open space shall be so situated 

that it is accessible to all. 

(d) Adequate private play areas above the required park dedication or cash 

donation shall be provided for use by residents in the PUD. 

(2) The conservation of significant natural features of the site, including but not 

limited to floodplains, wetlands, forest, scenic areas and vistas and historical or 

archaeological areas. 

areas. 

(3) Maximum separation of vehicular traffic from pedestrian ways and play 

(4) A unified design based upon significant architectural features, compatible 

building materials and a distinctive arrangement of structures and open space. 

(5) The provision of adequate sites for retail shopping and service areas, 

schools, places of worship and other community services where the development is large 

enough to support these services. 

(6) The relationship of the development to surrounding uses and property. 

(7) Surface drainage and storm water detention facilities shall be designed so 

that the runoff from the developed site shall not exceed the runoff from the site in its 

natural state during a storm of two year frequency as published by the U.S. Weather 

Bureau for the Chicago area. The capacity of the storm water detention facilities shall be 

based on a storm of 100 year frequency and the runoff coefficient for the fully developed 

planned development less the volume of water released based on a storm of two year 

frequency and the runoff coefficient of the site in its natural state. Storm drainage piping 

(both on-site and roadway) shall be sized to carry the 10 year frequency storm runoff.

1998 S-2


Provision should be made, and plans prominently labeled, to allow for emergency 

overflow of runoff volumes in excess of piping design capacity. Elements of the design 

regarding method of drainage computation, allowance for off-site runoff, maximum 

ponding depths, and other considerations shall meet the approval of the Village Engineer, 

and conform to requirements of all other applicable village ordinances. 

(K) Permitted Uses. The following uses are principal but not exclusive uses 

permitted in a planned development subject to the regulations of this section and subject 

to the zoning district designation to which the PUD special use is attached. 

(1) For parcels inside the village limits, uses listed as Principal Uses in Table 2. 

(2) Single-family detached dwelling. 

(3) Two-family dwellings, patio homes and zero lot line dwellings. 

(4) Convenience shopping facilities. 

(5) Any retail use as an integral part of a shopping center. 

(6) Any office use. 

(7) Any public facility use. 

(8) Church or other place of worship. 

zone. 

(9) Any manufacturing use subject to the performance standards in the "N" 

(10) Facilities for the maintenance of the PUD. 

(11) Recreational facilities of the use of the occupants of the PUD or the general 

public. 

(L) Density Standards for Residential Projects. 

2000 S-4


(1) In a residential planned unit development the maximum number of dwelling 

units permitted shall be determined by dividing the net residential area contained in a 

zoning parcel by the minimum lot area required per dwelling unit type permitted in the 

district or districts in which the property is located 

(2) Net residential area shall be determined by subtracting the area set aside for 

non-residential use (commercial or manufacturing uses) and deducting from the 

remainder the area required for public or private streets, wetlands, flood ways, flood 

plains and associated buffers and similar non-buildable areas. 

(Ord., passed 7-17-89; Am. Ord. 99-12-16-01, passed 12-16-99) Penalty, see § 156.999 

§ 156.124 REVIEW PROCEDURES. 

(A) Joint Planning and Information Group Conference (Optional). 

(1) Developers of residential planned developments are encouraged to appear 

before the Joint Planning and Information Group (JPIG) to discuss the proposed PUD 

with its members. The JPIG members are representatives of the Village Park District and 

School Districts. 

(2) The purpose of the developer appearing before the JPIG is to exchange 

information. The developer is to explain the project proposal to the members and the 

members are to explain their current jurisdictional regulations and policies to the 

developer. No commitments will be made by the JPIG members at the JPIG conference. 

(B) Required Submittals—Joint Planning and Information Group. Six copies of a 

general concept plan showing at a minimum all streets, local land uses, residential 

densities, total site acreage, phase acreage and the location of all limiting and 

advantageous naturally occurring and manmade physical 

2000 S-4


2000 S-4


features must be submitted to the village at least two weeks prior to the scheduled JPIG 

meeting. The village shall forward the required materials to the members prior to the 

meeting. 

(C) Conceptual Planned Unit Development Review. 

(1) Following the Joint Planning and Information Group Conference (optional), 

the developer may appear before the Plan Commission (optional) and the Zoning Board 

of Appeals (optional) to informally discuss the initial concept for the proposal. Neither 

body shall be required to provide a formal position statement on the proposal, and the 

developer shall not be required to comply with any position statements which are offered 

by either body. 

(2) Required Submittals—Conceptual Planned Unit Development Review. 

Eleven copies of the materials listed in division (B) of this section must be submitted to 

the village at least one week prior to a scheduled conceptual review by the Plan 

Commission. Nine copies of the same materials must be submitted at least one week 

prior to a scheduled conceptual review by the Zoning Board of Appeals. 

(D) Preliminary Planned Unit Development Review. 

(1) When Permitted. Following the Joint Planning and Information Group 

Conference (optional), and the Conceptual PUD Review (optional), the developer must 

submit required materials for Preliminary PUD approval, should he wish to proceed. 

(2) Review Procedure. Preliminary PUDs are reviewed, the Plan Commission, 

the Zoning Board of Appeals, and by the Village Board consecutively. 

(3) Scheduling of Hearings/Meetings. Materials required for submittal to the 

Plan Commission and Zoning Board of Appeals for preliminary PUD review must be 

submitted to the village a minimum of four weeks prior to the respective hearing/meeting 

date. The village may require an earlier submittal date if the proposed PUD is expected 

to require additional staff review time. Hearing/meeting dates shall not be established 

until all required submittals are received by the village. 

(a) The Plan Commission shall review the Preliminary PUD proposal on 

the basis of criteria set forth herein and forward its recommendation to the Zoning Board 

of Appeals. 

(b) The Zoning Board of Appeals shall conduct a public hearing on the 

Preliminary PUD within 30 days of the conclusion of the Plan Commission review 

(unless an extension is requested by the petitioner) on the basis of the criteria set forth 

herein. Zoning sought for each segment of the proposed planned development shall be 

referenced in all notice requirements and cited by the petitioner at the zoning hearing on 

the proposal. Notice requirements delineated in § 156.172 shall be complied with. 

Recommendations of the Zoning Board of Appeals shall be forwarded to the Village 

Board. 

(c) Upon receipt of the recommendations of the Plan Commission and 

Zoning Board of Appeals, the Preliminary PUD proposal shall be placed on the next 

available Village Board meeting agenda provided there are at least ten days between 

receipt of the recommendations and the date of such

1998 S-2


Village Board meeting to allow adequate time for Board consideration of the proposal 

and recommendations. The Village Board shall approve, approve with modifications, 

refer the proposal back to the Zoning Board of Appeals or Plan Commission or 

disapprove the proposal within 60 days of the conclusion of the Zoning Board of Appeals 

hearing. The Village Board may continue the consideration of the proposal to a future 

date with the consent of the petitioner; however, any such extension period shall not be 

counted in the 60 day period. In the event the Village Board disapproves the Preliminary 

PUD, the petitioner may request to be referred back to the Plan Commission and/or 

Zoning Board of Appeals for re-consideration. 

(4) Required Submittals—Preliminary Planned Unit Development Review. The 

number and content of materials required to be submitted to the village to initiate a 

review of a Preliminary PUD are delineated below. The time frame under which required 

materials must be submitted is delineated above in division (D)(3) of this section. 

(5) Three copies of each of the following: 

(a) Completed Planned Unit Development Application form (available 

from the Planning Department). 

(b) Site plan indicating: 

1. Project title. 

Plan". 

2. Notation the plan is a "Preliminary Planned Unit Development Site 

3. Name and address of developer and preparer of plans. 

4. Date. 

5. Scale (1 inch = 100 feet or larger). 

6. North point. 

parcel. 

use parcels. 

7. Legal description and proposed zoning for each segment of the 

8. Area of entire parcel and approximate areas of the different land 

9. Proposed number of units and density of the various residential 

land use parcels (based on area net of public right-of-ways). 

10. Floor area of non-residential structures in each separate section. 

1998 S-2


11. Approximate location of buildings proposed. 

proposed. 

12. Schematic representation of existing trees and landscaping 

13. Zoning of all adjacent parcels. 

14. Character of immediately contiguous property within 100 feet 

showing location of streets, easements, utilities property lines and principal structures. 

and pavement. 

15. Location of proposed streets showing dimensions of right-of-ways 

16. Location and approximate areas of parcels to be dedicated to 

public bodies and/or reserved for property owner associations. 

17. Flood plain limits as delineated on HUD Flood Hazard Maps (if 

available) or USGS Flood Quadrangle Maps. 

(c) Topographic map showing one foot contour intervals. 

(d) Correspondence from the park district and school districts indicating 

they have received the plans and are reviewing them at board level. A formal position 

statement from the respective boards regarding the proposal must be received by the 

village before the Village Board will approve a preliminary planned development. 

(e) Details of all variations requested in the PUD. If no variations are 

requested, so state none are being requested. 

(f) Traffic analysis indicating (may be waived by the Zoning 

Administrator if the project size is not expected to have substantial impact upon the 

existing road system): 

1. Traffic generation of proposal. 

2. Impact on existing traffic. 

3. Improvements needed to minimize negative impact of site 

generated traffic on street network. 


(a) Proof of ownership. If ownership is in a land trust, beneficial holders 

of trust shall be disclosed. 

(b) Preliminary engineering plans. 

1998 S-2


(c) Plat of survey of parcel. 

(7) In Addition. 

(a) One copy of a Natural Resources Inventory from the U.S. Soil 

Conservation Service. 

(b) Appropriate fees. 

(c) Prior to the Zoning Board of Appeals hearing on the preliminary PUD, 

the following must be submitted to the Director of Planning: 

1. Certified mail receipts for mail requirement. 

newspaper. 

2. Publisher's certificate that the legal notice was published in the 

(8) Review Criteria—Preliminary Planned Unit Development Review. 

(a) The Plan Commission shall review and evaluate the preliminary PUD 

in terms of whether the proposal: 

1. Is compatible with the Village of Huntley Comprehensive Plan and 

Community Goals. 

2. Promotes high standards in design, site planning and construction. 

3. Provides a safe and desirable living environment. 

4. Preserves natural features of the site. 

purposes. 

5. Provides adequate open space for recreation and other community 

6. Represents a creative approach in land development. 

neighborhood. 

7. The design is compatible with adjacent properties and 

(b) The Zoning Board of Appeals shall review and evaluate the preliminary 

PUD in terms of whether the proposal: 

1. Is compatible with the Village Comprehensive Plan and 

Community Goals. 

2. Provides for land uses, both initial and potential, which will be 

compatible with existing surrounding land uses. 

3. Provides zoning which will be compatible with existing 

surrounding zoning. 

1998 S-2


4. By virtue of its benefits to the village and creative design, justifies 

the intended variations from the strict interpretation of this chapter, and justifies specific 

special uses requested. 

5. Protects the public health, safety, convenience and general welfare. 

(E) Final Planned Unit Development Review When Permitted. Following approval 

of the preliminary PUD by the Village Board the developer must submit required 

materials for final PUD approval should he wish to proceed. Final PUD approval may be 

sought for the entire PUD or segments thereof. However, if final PUD approval is sought 

for a portion of the PUD, the segment must conform to the previously approved 

Preliminary PUD. Improvements on or off site necessary to support the segment shall be 

required and a final plat of subdivision for the segment shall be approved by the Village 

Board before permits will be issued. 

(1) Review Procedure. Final PUDs are reviewed by the Plan Commission and 

the Village Board consecutively. The final PUD must be in general conformance with 

the previously approved preliminary PUD plans. If the final PUD plans are substantially 

different than the preliminary PUD, then the development must be reviewed as a new 

preliminary PUD proposal. If the proposed zoning areas within the final PUD vary in 

legal description from that which was approved in the Preliminary Planned Development, 

or additional variations other than those requested at the preliminary PUD review 

hearing, the proposed final PUD shall be required to also be reviewed by the Zoning 

Board of Appeals. Should a Zoning Board of Appeals hearing be necessary during the 

final PUD review procedure, schedules under which action must be taken shall follow 

time frames set forth in the preliminary PUD review procedures. Upon approval of the 

development plan, the Village Board shall cause to be issued a Special Use Permit 

authorizing the planned development in accordance with the approved development plan 

and such modifications the Board may make to said plans to assure the development 

conforms with the intent of the previously approved Preliminary PUD. 

(2) Scheduling of Hearings/Meetings. Materials required for submittal to the 

Plan Commission and Zoning Board of Appeals for Final PUD review must be submitted 

to the village a minimum of four weeks prior to the respective hearing/meeting dates. 

The village may require an earlier submittal date if the proposed PUD is expected to 

require additional review time. Hearing/meeting dates shall not be established until all 

required submittals are received by the village. 

(a) The Plan Commission shall review the final PUD on the basis of 

criteria set forth herein and forward its recommendations to the Village Board within 30 

days after complete information has been received from the petitioner. 

(b) The Village Board shall take under advisement the recommendations of 

the Plan Commission (and Zoning Board of Appeals if required) when considering the 

Final PUD. The Village Board shall approve, approve with modifications, or disapprove 

the final PUD within 60 days of the receipt of the Plan Commission recommendations 

(unless a Zoning Board of Appeals hearing is required) unless an extension is requested 

by the petitioner. Should the final PUD be disapproved by the Village Board, the 

petitioner may resubmit revised plans to the Village Board for reconsideration, if 

permission to submit is requested and granted by the Board. 

1998 S-2


(3) Required Submittals—Final Planned Unit Development Review. The 

number and content of materials required to be submitted to the village to initiate a 

review of a final PUD are delineated below. The time frame under which required 

materials must be submitted is delineated above in division (E)(2) of this section. 

(4) Twenty copies of each of the following: (NOTE: If a new zoning hearing 

is required, ten additional copies shall be submitted). 

(a) Completed PUD Application Form (available from the Planning 

Department.) 

(b) Site plan indicating: 

1. Project title. 

2. Notation the plan is a Final Planned Unit Development Site Plan. 

3. Name and address of developer and preparer of plans. 

4. Date. 

5. Scale (1 inches = 100' or larger). 

6. North point. 

7. Zoning of all adjacent parcels. 

8. Character of immediately contiguous property within 100 feet 

showing location of streets, easements, utilities, property lines and principal structures. 

9. Location of proposed streets showing proposed dimensions of 

right-of-ways and pavement and whether intended to be private or public. 

10. Location and areas of parcels to be dedicated to public bodies 

and/or reserved for property owners associations. 

11. Floor plan limits as delineated on HUD Flood Hazard Maps (if 

available) or USGS Flood Quadrangle Maps. 

12. Sidewalks. 

13. Specific details by parcel for separate zoning districts or areas of 

differing use intensity to include: 

a. Gross area. 

1998 S-2


b. Net area (gross area less public right-of-way area). 

c. Building coverage, floor area, and height. 

d. F.A.R. 

e. Parking spaces. 

f. Number of housing units by bedroom mix and net density. 

g. Hard surface coverage (including buildings, excluding 

sidewalks and recreation facilities). 

14. Building locations. 

15. Floor plans (if not available, parking requirements will be based on 

the total square footage of the building(s). 

(c) Landscaping plan detailing: 

1. Proposed types (common names), sizes, trunk diameter, and 

whether sodded or seeded. 

2. Existing trees with trunk diameters eight inches or greater and 

whether or not to be saved. 

3. Berming and/or fencing where proposed. 

(d) Building elevations (all sides). 

(e) Plans showing trash receptacle accommodation. 

(f) Development schedule by phase, including projected start and 

completion dates, and proposed date of dedication of public areas. 


(a) Covenants and restrictions for ownership, use and maintenance of 

common areas. 

(b) Final engineering plans. 

(c) Proof of ownership. If ownership is in a land trust, beneficial holders 

of trust shall be disclosed. 

1998 S-2


(d) Plat of survey. 

(6) In Addition. Appropriate fees: (See § 156.177). If a new public hearing is 

required at the final PUD review stage, the following must be submitted to the Director of 

Planning prior to the hearing: 

(a) Certified mail receipts for mail notice requirement. 

(b) Publisher's certificate that the legal notice was published in the official 

village newspaper. 

(7) Review Criteria—Final Planned Unit Development Review. The Plan 

Commission shall review and evaluate the final PUD in terms of whether the proposal: 

PUD plans. 

(a) Is in general conformance with the previously approved preliminary 

(b) By virtue of its imaginative and creative design and benefits to the 

village, justifies the intended variations from the strict interpretation of the Subdivision 

Ordinance. 

(c) Requires additional conditions and restrictions to protect the public 

interest and adjacent areas, improve the development and assure compliance with existing 

village ordinances. 

Should a public hearing before the Zoning Board of Appeals be required at final PUD 

review, the Zoning Board of Appeals shall review and evaluate the Final PUD plan under 

the criteria delineated in division (D) of this section. 

(Ord., passed 7-17-89) 

§ 156.125 MINOR MODIFICATIONS OF FINAL PLANS. 

The Village President may from time to time, approve minor changes within the 

project, but such changes shall not be of a nature that would affect the character and 

standard of the PUD. 

(Ord., passed 7-17-89) 

§ 156.126 FORMAL SUBDIVISION OF PARCELS IN A PLANNED UNIT 

DEVELOPMENT— 

WHEN REQUIRED. 

(A) No division into two or more parts of any parcel designated PUD at the time of 

passage of this chapter shall occur for purposes of sale, whether immediate or future, 

unless and until both a final PUD and a final plat of subdivision have been approved by 

the Village Board. For purposes of this subchapter, the final PUD shall be considered a 

preliminary plat of subdivision. 

1998 S-2


(B) If approval of final PUD plans are sought for a segment of a planned 

development for which preliminary PUD plans have been approved, a final plat of 

subdivision for the segment must be approved by the Village Board before permits will 

be approved. 

(C) If PUD designation is sought for a parcel and no preliminary PUD plans are 

concurrently presented for consideration, a final plat of subdivision designating the 

separately zoned segments must be approved by the Village Board before the zoning for 

each segment becomes effective. Rezoning shall follow procedures set forth in 

§ 156.170. The Village Board may impose such conditions or restrictions as appear 

necessary to minimize possible detrimental effects of such special use upon other 

properties in the area. Subsequent to approval of PUD zoning in this manner, procedures 

leading to approval of a Final PUD must be followed. 


§ 156.127 FAILURE TO BEGIN PLANNED UNIT DEVELOPMENT. 

Unless the petitioner or a successor to the petitioner has substantially completed 

construction of the public improvements and has commenced construction of the uses 

approved in the PUD, the Special Use Permit shall automatically lapse two years after the 

date of issuance of the Special Use Permit. The Village Board upon a written petition 

from the holder of the Special Use Permit may for good cause extend for a period of up to 

one additional year the period for beginning the PUD. The Village Board shall be 

entitled to grant no more than three such extensions beyond the original expiration date 

for the PUD. If the Special Use Permit lapses under the provisions of this section, the 

village shall remove the PUD from the zoning map, and if the basic zoning classification 

was approved at the time of approval of the PUD by the Village Board, the basic zoning 

category shall continue in effect. 

(Ord., passed 7-17-89) 

§ 156.128 PLANNED UNIT DEVELOPMENT GUIDELINES. 

(A) The Village PUD Guidelines are a compilation of current policies of the Village 

Board concerning design and composition of potential PUD projects in the village. They 

are advisory in nature and designed to help petitioners prepare development plans which 

are consistent with the development goals of the village. 

(B) The guidelines will be updated periodically. As such, the Planning Department 

should be consulted to obtain the most current set of guidelines. 

(1) Development type on the perimeter of the PUD should be similar to that 

which lies just beyond the perimeter of the PUD. If a development type more intense 

than that which lies beyond the perimeter is proposed, extensive buffering by physical 

separation, berming, landscaping, screening and/or other means should be provided. 

(2) Parking areas shall be arranged so as to prevent through traffic to other 

parking areas via driving aisles between parking spaces. 

1998 S-2


(3) Guest parking/overflow parking beyond the required parking stalls per unit 

figure should be provided either in separate parking areas or on internal streets wide 

enough to accommodate such parking and the safe flow of vehicular traffic. If necessary, 

a restriction of parking on one or both sides of internal streets should be included in the 

ordinance approving the PUD. 

(4) The declaration of covenants and restrictions governing the Homeowners 

Association where such associations exist should include provisions, which in addition to 

the standard clauses include: 

(a) Establishment of an escrow fund for the maintenance of the common 

elements of the development. 

(b) Prohibition of outdoor parking of recreational vehicles. 

(c) Delineation of what structures or activities may occur on property 

deeded to individual property owners or on common property. 

units. 

(d) Delineation of the restrictions on exterior alterations of the individual 

(5) Streets intended to be dedicated to the village shall be designed and 

constructed to village specifications and in order to be dedicated should serve local or 

area wide through traffic. Minor streets (non-collector or non-arterial) within the 

development should not be connected to streets beyond the development in such a way as 

to encourage their use by through traffic, regardless if they are intended to be dedicated 

or remain private. 

(6) Where bikeway paths are called for on either the Huntley Park District 

Master Plan or a Village Bikeway Plan, the petitioner should provide for their design and 

construction. Provision of paths beyond those called for in either plan is encouraged. 

(7) When proposed PUDs include substantial acreage in commercial or 

industrial development, consideration should be given to provision of frontage roads, 

larger landscaped setbacks and increased landscaped buffering on the perimeter sections 

which abut less intensive development. 

(8) To the greatest extent possible, driveway curbcuts should be limited on 

collector and arterial streets. Preferably, said cuts should be provided on minor 

residential streets. 

(9) Zoning requested for the PUD should be the same as or more restrictive 

than neighboring zoning. Land uses in various segments of the proposed zoning district 

(with development as a PUD) may vary in type and intensity of development. However, 

the entire project will be evaluated as a single development when zoning and 

compatibility with surrounding properties are considered. 

(10) Traffic analysis when required shall take into consideration not only the analysis 

of the internal street network of the PUD, but also the impact of the traffic from the PUD 

on the adjoining street network during peak hours.

1998 S-2


(11) The village may assume responsibility for maintenance of private water lines in 

the project provided the following conditions are met: 

(a) The owner(s) of the project shall remain owners of the water lines. 

(b) The village will maintain only that portion of the lines in the project 

between the village's own mains and the owner(s) buffalo boxes. 

(c) The village maintenance responsibility as it concerns restoration will 

cease upon completion of backfilling operations. 

(d) Inspection and maintenance of fire hydrants shall be the responsibility 

of the village, but the cost of replacing damaged or defective hydrants shall be the 

responsibility of the owner(s). 

(e) A maintenance agreement with the village concerning water mains 

shall be entered into. 

(f) Unbuildable acreage and areas unsuitable for passive or active 

recreation such as swamp or marsh land, retention areas and steep slopes should not be 

used in calculating density for the proposed planned development. 

(g) Utilization of active or passive solar energy systems and superior 

energy conservation features are preferred over conventional construction. 

(h) Existing trees, floodplains, wetlands, natural drainageways, and sites or 

buildings of local or areawide archaeological or historical significance should be 

preserved whenever possible. 

(i) As a general rule, bonus units should not exceed 20% of the 

"allowable" density. 

(Ord., passed 7-17-89) 

NON-CONFORMING USE REGULATION 


Any lawful use of land or structure, or any structure, existing at the date of passage 

of this chapter or subsequent amendment thereto, and located in a zone in which it would 

not be permitted as a new use or structure under the terms of this chapter, is declared to 

be a legal non-conformance. It is the intent of this chapter to permit these 

non-conformances to continue until terminated either by voluntary 

1998 S-2


act or by catastrophic event; or as otherwise provided herein, and to encourage their 

conversion to conformance where possible. 

(Ord., passed 7-17-89) 

§ 156.141 NON-CONFORMING RECORDED LOT. 

(A) Definition. For the purpose of this subchapter, the following definitions shall 

apply unless the context clearly indicates or requires a different meaning. 

NON-CONFORMING RECORDED LOT. A tract of land, designated on a duly 

recorded subdivision plat, or by a duly recorded deed which indicates the establishment 

of the parcel prior to the adoption of the Village Subdivision Ordinance, or by other 

lawful means, which has less than the minimum lot area or width or other dimension 

prescribed for the particular zone in which it is located and which met the lot area, width 

and other dimensions for the zone in which it was located at the time of such recording, 

but was made con-conforming by a subsequent amendment to this chapter. 

(B) Regulation of Non-conforming Recorded Lot. A non-conforming recorded lot 

shall be subject to the following provisions: 

(1) In Residential Zones. 

(a) Bulk Requirements. The bulk requirements of Table 1 shall be met for 

all non-conforming recorded lots. 

(b) Rear Yard. The rear yard shall not be less than required in the zoning 

district in which the lot is located. 

(c) Front Yard. The front yard shall not be less than: 

1. 70% of the required front yard as listed in Table 1; or 

2. The average existing setback of all other primary structures on the 

block, whichever is greater. 

(d) Yard Abutting Street. The yard abutting street shall not be less than: 

1. 70% of the required yard abutting street as listed in Table 1; or 

2. The average existing setback of all other primary structures on the 

block of the abutting street, whichever is greater. 

(e) Side Yards. The side yards shall not be less than 70% of the required 

minimum and total side yards as listed in Table 1. 

1998 S-2


(f) Lot Width. The lot width shall not be less than 70% of the required 

yard as listed in Table 1. 

(g) Lot Area. The lot area shall not be less than 70% of the required yard 

as listed in Table 1. 

(2) In Any Other Zoning District. 

(a) Permitted Uses. A nonconforming recorded lot may be used for any 

principal use and accessory uses permitted in the zoning district in which it is located. 

(b) Side Yard. Each side yard required for a non-conforming recorded lot 

shall be determined by multiplying the actual width of the lot by the yard required in the 

zoning district in which it is located, divided by the minimum lot width required in the 

zoning district in which the lot is located. However, no side yard need be greater than the 

requirement in the zoning district in which it is located. 

(c) Front Yard. The front yard shall not be less than required in the zoning 

district in which the lot is located. 

(d) Rear Yard, Height Restrictions, Coverage and Floor Area Ratio. A 

non-conforming recorded lot shall comply with the same rear yard, height restrictions, 

coverage, and floor area as specified for the zoning district in which it is located. 

(e) Buildable Width on Corner Lots. On a non-conforming recorded 

corner lot, the buildable width shall be at least equal to 22 feet plus one foot for each two 

feet that the width of the lot exceeds 24 feet less the area required for the interior 

minimum yard. 

(C) Construction Repair and Alteration. Construction of new buildings or repair of 

existing buildings that are being used for permitted uses but are located on nonconforming 

recorded lots shall be permitted. If any building is damaged or destroyed it 

can be rebuilt for its original development, or a new building can be constructed for any 

permitted use to the extent permitted in §§ 156.150 through 156.152. 

(Ord., passed 7-17-89) 

NON-CONFORMING USES AND STRUCTURES 

§ 156.150 DEFINITIONS. 

For the purpose of this subchapter, the following definitions shall apply unless the 

context clearly indicates or requires a different meaning. 

1998 S-2


NON-CONFORMING STRUCTURE. One which was legally constructed prior to 

the effective date of this chapter or subsequent amendment thereto, which would not be 

permitted as a new structure under the terms of this chapter because such structure is not 

in conformance with the yards, height, coverage or floor area ratio requirements of the 

zone in which it is located. A structure located on a non-conforming recorded lot is not 

classified as a non-conforming structure solely because of insufficient lot area or width, 

nor shall anything herein be construed to affect those structures previously covered by the 

regulations for non-conforming lots. 

NON-CONFORMING USE. An activity using land or structures or both, legally 

established prior to the effective date of this chapter or subsequent amendment thereto, 

which would not be permitted as a new use in the zone in which it is located under the 

terms of this chapter. 

(Ord., passed 7-17-89) 

§ 156.151 NON-CONFORMING USE AND STRUCTURE REGULATIONS. 

Any building or structure containing a non-conforming use, or any non-conforming 

structure, shall be subject to the following regulations: 

(A) If any building or structure is destroyed by any means to an extent of more than 

50% of the replacement cost of that portion of the building or structure which is above 

the average ground elevation, such building or structure shall not be rebuilt or reoccupied 

for any use except in accordance with the regulations of the zoning district in which it is 

located. 

(B) In the event the damage or destruction is less than 50% of its replacement value 

based upon prevailing costs, the building may then be restored to its original condition 

and the occupancy or use of such building may be continued as it existed at the time of 

said partial destruction. Burden of proof of costs shall be upon the owner. 

(C) Normal maintenance and repairs shall be permitted. 

(D) Enlargement or structural alterations of an existing non-conforming structure 

shall be permitted, provided that the enlargement or alteration does not increase the 

non-conformity. 

(E) Non-conforming uses shall not be changed to any more intensive use than one 

permitted in the zoning district in which it is located. However, nothing herein shall be 

construed as prohibiting the construction of a private garage, accessory buildings and 

structures, as an accessory use to any dwelling unit regardless of the zoning district in 

which the dwelling is located. 

(F) Discontinuation of a non-conforming use of land or of a structure for any reason 

for a period of more than three months shall be considered abandonment of that use. 

Such use shall not be re-established, and any subsequent use of the land or structure shall 

conform to the regulations of the zoning district in which it is located. 

1998 S-2


(G) Industrial uses which are non-conforming by virtue of being located in a 

non-industrial zoning district shall be subject to the performance standards applicable in 

the M zoning district. Alterations and repairs as provided in division (B) of this section 

shall be done in a manner conforming to the M zoning district performance standards. 

For industries which are not located in an industrial zoning district and which fail to 

comply with the performance standards of the zoning district in which they are located, 

enlargements, repairs, or alterations shall be made in such a manner as conforming as 

possible to the industrial district performance standards of the zoning district in which the 

industry is located. 


§ 156.152 TERMINATION AND REMOVAL OF SELECTED 

NON-CONFORMING USES. 

(A) The period of time during which the following non-conforming uses of 

buildings, structures or land may continue or remain shall be limited to one year from the 

effective date of this chapter, or of any amendment thereto, which causes the use to be 

non-conforming. 

(1) Any non-conforming building or structure having a replacement value not 

in excess of $500 on the effective date of this chapter. 

(2) (a) Any non-conforming use of land where no enclosed building is 

involved or where the only buildings employed are accessory or incidental to such use, or 

where such use is maintained in connection with a conforming use. 

(b) Every such non-conforming use shall be completely removed from the 

premises at the expiration of the one year period. 

(B) Non-conforming signs and billboards shall be removed as provided in the 

Village Sign Ordinance. 

(Ord., passed 7-17-89) 

ADMINISTRATION 

§ 156.160 ZONING ADMINISTRATOR. 

The Village President may appoint a Zoning Administrator who shall have the 

following powers and duties subject to concurrence of the Village Board: 

(A) Receive and process all requests for amendment, special uses, variance and 

appeals pursuant to this chapter. 

1998 S-2


(B) Be responsible for the interpretation of the provisions and regulations of this 

chapter. 

(C) The Zoning Administrator shall serve as ex officio member of the Zoning Board 

of Appeals without vote. 

(D) Cause to be published once each year an up-to-date copy of the Zoning Map as 

provided by statute. 

(Ord., passed 7-17-89) 

§ 156.161 ZONING ENFORCEMENT OFFICER. 

The Village President may appoint a Zoning Enforcement Officer who shall have the 

following powers and duties subject to concurrence of Village Board: 

(A) Issue all zoning certificates and make and maintain a record thereof. 

(B) Issue all occupancy certificates and make and maintain a record thereof. 

(C) Issue all special use permits and make and maintain a record thereof. 

(D) Issue temporary use permits and make and maintain a record thereof. 

(E) Maintain for public inspection, at all times during the hours that his office is 

normally open to the public, a copy of this chapter along with the Zoning Map together 

with all amendments thereto. 

(F) Conduct inspections as prescribed by this chapter and such other inspections as 

are necessary to ensure compliance with the various provisions of this chapter. 

(G) Make a determination from public records or inspection of non-conforming 

recorded lots, uses, and structures to properly enforce this chapter. 

(H) Perform such other duties as are delegated to him by the Zoning Administrator 

or the provisions of this chapter generally. 

(Ord., passed 7-17-89) 

§ 156.162 ZONING BOARD OF APPEALS. 

(A) There is hereby established a Zoning Board of Appeals consisting of seven 

citizens of the village appointed by the Mayor and confirmed by the Village Board to 

serve for the following terms, or until their respective successors, in similar manner, have 

been appointed and qualified: one for one year, one for two years, one for three years, 

one for four years, one for five years, one for six years and one for seven years. 

Successors to each member so appointed shall serve five year terms, except that 

vacancies shall be filled for the unexpired term of the membership vacated. 

1998 S-2


(B) One of the members shall be designated by the Village President, with the 

consent of the Village Board, as Chairman of the Board to hold office until his successor 

is appointed and qualified. The Village President shall have the power to remove any 

member for cause after written charges have been filed and a public hearing held, if 

demanded by the member charged. 

(C) The Zoning Administrator shall serve as ex officio member of the Zoning Board 

of Appeals and shall be responsible for maintaining a record of the actions of the Board. 

With the approval of the Village Board, the Zoning Administrator may from time to time 

employ a secretary, stenographer, or other assistant to assist in the performance of his 

duties. 

(D) Expenses incurred by the Board in the performance of its duties and the 

expenses incurred by the Zoning Administrator in the performance of his duties shall be 

paid by the village upon receipt of a statement which shall include an itemization of all 

expenses and fees for meetings incurred. Compensation to Board members for each 

meeting attended may be authorized by the Village Board. 

(Ord., passed 7-17-89) 

§ 156.163 MEETINGS. 

All meetings of the Board shall be held at the call of the Chairman and at such other 

times as the Board may determine. The presence of four members shall be necessary for 

a quorum. All meetings shall be open to the public. The Chairman, or Acting Chairman, 

may administer oaths and compel the attendance of witnesses. The Board shall keep 

minutes of its proceedings, keep records of its examinations and other official actions, 

prepare for the Village Board findings of fact and record the individual votes upon every 

question. 

(Ord., passed 7-17-89) 

§ 156.164 RECORDS. 

Every rule, order, requirement, decision or determination shall be filed immediately 

in the office of the Village Clerk and shall be a public record upon acceptance and 

approval by the Village Board. 

(Ord., passed 7-17-89) 

§ 156.165 RULES. 

The Board shall adopt rules for its procedure consistent with the provisions of this 

chapter and the Illinois Rural Statutes. 

(Ord., passed 7-17-89) 

1998 S-2


§ 156.166 JURISDICTION 

The Zoning Board of Appeals shall have the powers and duties prescribed herein: 

(A) Appeals and Stays of Proceedings. 

(1) An appeal may be taken from any order, requirement, decision or 

determination of the Zoning Administrator relating to zoning matters set forth in this 

chapter by any person aggrieved thereby, or by any officer, department, board or 

commission of the village. The appeal shall be taken within the time prescribed by the 

Zoning Board of Appeals by general rule by filing a notice of appeal in duplicate, 

specifying the grounds thereof, in the office of the Zoning Administrator who shall 

transmit forthwith one copy to the Chairman of the Zoning Board of Appeals along with, 

all the papers constituting the record upon which the action appealed from was taken. 

(2) An appeal stays all proceedings in furtherance of the action appealed from 

unless the Zoning Administrator certifies to the Zoning Board of Appeals that, by reason 

of facts stated in the certifications, a stay would cause imminent peril of life or property. 

In such case, the proceedings shall not be stayed except by a restraining order issued by 

the Zoning Board of Appeals or a court of record after notice to the Zoning Administrator 

and on due cause shown. 

(3) The Zoning Board of Appeals shall select a reasonable time and place for 

the hearing of the appeal, give due notice thereof to all interested parties and shall render 

a written recommendation to the Village Board on the appeal within 30 days of the 

conclusion of the hearing. Any person may appear at the hearing and present testimony 

in person or by duly authorized agent or attorney. The Village Board shall take action on 

the recommendation within 30 days of receipt of the same. 

(B) To recommend to the Village Board after holding a public hearing on 

applications for variations from the strict enforcement of any provisions of this chapter, 

in accordance with the rules and standards prescribed by this chapter. 

(C) To recommend to the Village Board, after holding a public hearing, on 

applications for special uses, including planned developments in accordance with the 

rules and standards prescribed by this chapter. 

(D) To recommend to the Village Board, after holding a public hearing, on petitions 

for amendment of the provisions of this chapter and the boundary lines of zoning districts 

hereby established. Nothing herein contained shall be construed to authorize the Zoning 

Board of Appeals to change any of the provisions of this chapter or district boundary 

lines established hereby. The concurring vote of four members shall be necessary to 

reverse any order, requirements decision or determination of the Zoning Administrator or 

to decide in favor of the applicant any matter upon which the Zoning Board of Appeals is 

authorized to act. 

(E) To review from time to time this chapter, together with the Zoning Map, for the 

purposes of determining its effectiveness in accomplishing the goals, objectives, 

standards and, where applicable, 

1998 S-2


the specific purposes of the Official Plan, and shall recommend to the Village Board 

amendments to the Ordinance and Map, designed to better accomplish the goals, 

objectives, standards and specific proposals of the Official Plan, and shall review the 

effectiveness of the provisions of the McHenry County Zoning Ordinance and this 

chapter to better accomplish good planning and orderly development. 

(Ord., passed 7-17-89; Am. Ord., passed 1-27-94) 

§ 156.167 PLAN COMMISSION. 

The Village Plan Commission shall have the powers and duties prescribed herein. 

The Plan Commission may: 

(A) Review applications for amendments to the text of this chapter, and if so 

reviewed shall report its findings and recommendations to the Zoning Board of Appeals, 

either in writing prior to the required public hearing or in person at such public hearing. 

Such report and recommendation shall be a part of the record and shall be forwarded to 

the Village Board. 

(B) Review applications for special uses as identified in §§ 156.090 through 156.128 

but shall make such review as required by this chapter for planned developments and 

shall report its findings and recommendations to the Zoning Board of Appeals, either in 

writing prior to the required public hearing or in person at such public hearing. Such 

report and recommendation shall be a part of the record and shall be forwarded to the 

Village Board. 

(C) Review from time to time this chapter, together with the Map, for the purpose of 

determining its effectiveness in accomplishing the goals, objectives, standards and, where 

applicable, the specific proposals of the Official Plan. The Plan Commission shall 

recommend to the Village Board amendments to the Ordinance and Map, designed to 

better accomplish the goals, objectives, standards and specific proposals of the Official 

Plan and shall review the effectiveness of the McHenry County Zoning Ordinance and 

this chapter to better accomplish good planning and orderly development. 

(Ord., passed 7-17-89) 

§ 156.168 VILLAGE BOARD. 

The Village Board, upon receipt of a finding and recommendation from the Board 

and, where appropriate, a report and recommendation from the Plan Commission, shall 

act upon all amendments, special uses, and variances as follows: 

(A) By ordinance, amend this chapter. 

(B) By ordinance, cause to be issued a Special Use Permit, including any conditions 

found necessary to accomplish the purposes of this chapter. 

1998 S-2


(C) By ordinance, cause to be issued a variation from the specific regulations, 

including conditions found necessary to accomplish the purposes of this chapter. 

(D) By ordinance, cause to be initiated the proper procedure to amend this chapter or 

to grant a special use permit or to grant a variation. 

(Ord., passed 7-17-89) 

§ 156.169 PROCEDURES. 

The following procedures shall be followed in amending and varying the provision 

of the chapter and in the issuing of permits as prescribed by this chapter. 

(Ord., passed 7-17-89) 

§ 156.170 AMENDMENTS AND SPECIAL USES. 

(A) Application. The following persons or public bodies shall have standing to 

initiate an amendment to this chapter together with the zoning map: 

(1) Any person owning real property in the village may file a petition with the 

village to amend either the map or the text of this chapter, as it affects his property. Such 

application shall be accompanied by an accurate description of the property, a statement 

of any proposed map amendment, a statement of any proposed amendment to the text, the 

reasons therefor, and the required fee. 

(2) Any person owning real property in the village may file an application for a 

Special Use Permit subject to the general provisions of this chapter. The application shall 

be made in writing and shall be accompanied by maps, plans and other information as 

required in § 156.093, and by the proper filing fee. 

(3) The Village Board as provided in this section. 

(4) The Plan Commission as provided in this section. 

(5) The Zoning Board of Appeals as provided in this section. 

(6) Upon receipt of an application for an amendment or a resolution by the 

Village Board authorizing a hearing upon a proposed amendment, the Village Clerk shall 

forward copies of application or resolution to the Board, the members of the Zoning 

Board of Appeals, and the Chairman of the Plan Commission, and to any village 

department which may be affected by the proposed development. 

(7) Any person entitled to file an application for a zoning amendment may 

contemporaneously file an application for a planned development. A single notice and 

hearing may be used for such joint 

1998 S-2


application. The Zoning Board shall make specific findings of fact with respect to each 

application and shall make its recommendations both on the application for amendment 

and on the application for the planned development and the Village Board shall make 

separate decisions on both applications, the decision on the application for the planned 

development being governed by the provisions of §§ 156.120 through 156.128. If, during 

the course of a hearing on an application for an amendment reclassifying specific 

property to a different district, the applicant's representations or evidence tend to show 

that the proposed development, as defined in §§ 156.120 through 156.128, the Board of 

Appeals may on its own motion treat the application as a joint application pursuant to the 

above, for both the amendment requested and for the grant of a planned development 

permit, such joint application to be handled according to the procedures specified above. 

In such a case, the previously published notice of the hearing in the application for 

amendment shall be deemed to have constituted notice that an application for a planned 

development was requested; provided, however, that no application which grants any use 

exceptions pursuant to §§ 156.120 through 156.128 shall be granted unless the previously 

published notice specifically indicated that such a planned development might be granted 

or unless the Board of Appeals orders an additional notice and hearing pursuant to §§ 

156.160 through 156.999 generally. 

(B) Public Hearing. Upon receipt of an application for an amendment or special 

use, the Zoning Administrator shall schedule a public hearing before the Zoning Board, 

allowing adequate time for proper notice. 

(C) Notice. Notice shall be given as provided in § 156.172. 

(D) Report. The Plan Commission shall review the proposed amendment and report 

its findings to the Zoning Board as provided in this section. All Plan Commission 

recommendations shall be forwarded to the Zoning Board within 30 days after all 

pertinent information has been received from the petitioner and as necessary from the 

village staff departments. If the Plan Commission fails to act within 60 days, for 

whatever reason, the petitioner's request is assumed to be rejected unless the time is 

specifically extended by a request from the petitioner. If the Plan Commission fails to act 

within the time allotted, the Chairman of the Commission shall appear before the Zoning 

Board to present the reason for the lack of action. In the case of a Special Use Permit for 

a planned development, the procedure established in §§ 156.120 through 156.128 shall be 

followed. 

(E) Recommendations. Within 30 days following the public hearing, excluding any 

continuation of such hearing, the Zoning Board shall forward, in writing, its 

recommendations to the Village Board. 

(F) Conditions. The Board may recommend and the Village Board, in granting any 

special use, may impose such conditions or restrictions as appear necessary to minimize 

possible detrimental effects of such special use upon other properties in the neighborhood 

(G) Action by the Board. The Village Board, upon receipt thereof, may adopt, with 

or without modification, reject or deny the report and recommendations of the Board or 

agency, or may refer any matter back to the Board for further consideration. If the 

petition is adopted, the petitioner must within 30 days provide the Board with an 

acceptable ordinance which specifies the Board's action.

1998 S-2


All special uses, unless otherwise specified, must be established within six months, or the 

special use permit shall be void. 

(Ord., passed 7-17-89) 

§ 156.171 VARIATIONS. 

(A) Application. Any property owner in the village may apply to the Zoning 

Administrator for a variation from the strict interpretation of this chapter as it applies to 

his property. Such application shall be accompanied by an accurate description of the 

property, a description of the particular circumstance which necessitates a variation and 

the relief sought. Application for a simplified residential variation may be granted by the 

Zoning Board based upon the definition in § 156.003, where such approval is required. 

Refer to the variation review procedure handout for specific explanations of requirements 

and an outline and flow chart for procedures. 

(B) Public Hearing. Upon receipt of an application for a variation, the Secretary of 

the Zoning Board shall schedule a public hearing before the Zoning Board, allowing 

adequate time for proper notice. 

(C) Notice. Notice shall be given as provided in § 156.172. 

(D) Standards. 

(1) When evidence in a specific case shows conclusively that literal 

enforcement of any provision of this chapter would result in a practical difficulty or 

particular hardship because of unusual surroundings or condition of the property 

involved, or by reason of exceptional narrowness, shallowness or shape of a zoning lot, 

or because of unique topography, underground conditions or other unusual 

circumstances, the Board may recommend, and the Village Board may grant, by 

ordinance, a variation to permit just enough relief from literal enforcement as will allow a 

reasonable use of the property involved for the uses permitted in the zone in which it is 

located, and thus secure substantial justice. 

(2) Before recommending any variation, the Board shall first determine and 

record its finding that the evidence justifies conclusions that the proposed variation: 

(a) Will not impair an adequate supply of light or air to adjacent property. 

(b) Will not unreasonably diminish the values of adjacent property. 

(c) Will not unreasonably increase congestion in the public streets or 

otherwise endanger public safety. 

(d) Is in harmony with the general purpose and intent of this chapter. 

Where the evidence is not found to justify such conditions, that fact shall be reported to 

the Village Board with a recommendation that the variation be denied. 

1998 S-2


(E) Recommendations. Within 30 days following the public hearing, including any 

continuation of such hearing, the Zoning Board shall forwards in writing, its 

recommendations to the Village Board. 

(F) Conditions. The Board may recommend and the Village Board in granting any 

variation, may impose such conditions or restrictions as appear necessary to minimize 

possible detrimental effects of such variation upon other properties in the neighborhood. 

(G) Action by the Village Board. The Village Board, upon receipt thereof, may 

adopt, with or without modification, reject or deny the report and recommendation of the 

Zoning Board or agency and may refer any matter back to the Zoning Board for further 

consideration. Any proposed variation which fails to receive the approval of the Zoning 

Board shall not be passed except by the favorable vote of at least four-fifths of all Village 

Board members on the Board. 

(Ord., passed 7-17-89) 

§ 156.172 NOTICE. 

Within a reasonable time following receipt of all papers and documents relating to a 

variation, application for special use, application for a planned development or petition 

for amendment of the regulations or zoning district boundaries established by this 

chapter. 

(A) Public notice shall be given. There shall be published in a newspaper of general 

circulation a notice of the time and place of a public hearing thereon. Such notice shall 

be published not less than 15 days nor more than 30 days before the hearing and shall 

contain the legal and common address or location of the property for which the variation, 

ruling or recommendation is being sought, and a brief description of the nature of the 

matter being heard. 

(B) There shall be a sign posted upon the property involved in the application, of a 

size and coloring and with letters of sufficient size as to be clearly legible to the public 

view on the nearest public way, for at least 15 consecutive days prior to the hearing. The 

sign shall specify the change in zoning, special use or variance applied for and the date of 

the public hearing. The sign will be provided by the village as part of the application 

procedure. It shall be the owner's responsibility to post the sign within 30 feet of the 

nearest public way, in front of the property, prior to the hearing and to remove the sign 

after the hearing is concluded (within 24 hours). The petitioner shall be responsible for 

maintaining the visibility of the sign from said public way. The Zoning Administrator 

shall require a deposit of $50 to be refunded upon return of the sign, provided the 

petitioner shall return it within five working days of the date of the hearing. 

(C) In addition to the above notice by means of registered mail shall be sent by the 

petitioner to the owners of all property adjoining and within 200 feet adjacent to the 

property in question, including the property directly opposite and across a public street 

or alley. Such notice shall be given within 15 days but not more than 30 days before the 

hearing for the purpose of notice, "owner" shall mean 

2001 S-5


the person to whom the most recent statement of real property taxes on the property in 

question was sent. Mailing of same shall be certified to the hearing body. 

(Ord., passed 7-17-89) 

§ 156.173 PERMITS. 

No application for a building permit or other permit or license or for a certificate of 

occupancy shall be issued or approved and no permit or license shall be issued or 

approved which would authorize the use or change in the use of any land or building 

contrary to the provisions of this chapter, or the erection, moving, alteration, enlargement 

or occupancy of any buildings designed or intended, to be used for a purpose or in a 

manner contrary to the provisions of this chapter. 

(Ord., passed 7-17-89) 

§ 156.174 BUILDING PERMIT. 

(A) No building or structure shall hereafter be erected or structurally altered until a 

building permit shall be issued by the Building Commissioner stating that the building or 

structure and use of land comply with the regulations of this chapter and all applicable 

ordinances. 

(1) The Building Commissioner is authorized to designate any employee of the 

Building Department to sign and issue building permits on a temporary basis so as to 

promote the efficient processing and issuance of said permits. 

(B) All applications for building permits shall be accompanied by a plat, in 

duplicate, drawn to scale, showing the actual dimensions of the lot or lots to be built upon 

the size of the building or structure to be erected or structurally altered its location on the 

lot or lots and such other information as may be necessary to provide for the enforcement 

of these regulations. A careful record of such applications and plats shall be kept in the 

office of the Building Commissioner. 

(Ord., passed 7-17-89; Am. Res. 8-12-01, passed 8-12-99) Penalty, see § 156.999 

§ 156.175 CERTIFICATE OF COMPLIANCE. 

(A) No building or structure hereafter erected or structurally altered shall be 

occupied and used until a Certificate of Compliance has been issued by the Building 

Commissioner. The Certificate of Compliance shall be issued only after the Building 

Commissioner makes a finding that the building or structurally altered in conformance 

with the provisions of this chapter and in accordance with a building permit. Evidence 

attesting to the location of lot lines and the as-built location of improvements shall be 

submitted to the village for all new buildings and structures before a Certificate of 

Compliance is issued. 

(B) Certificate of compliance shall be applied for coincident with the application for 

a Building Permit and shall be issued within ten days after the erection and alterations of 

such building shall have been satisfactorily completed. A record of all certificates shall 

be kept on file in the offices of the

2000 S-4


Building Commissioner and the Zoning Enforcement Officer and copies shall be 

furnished, on request to any person having a proprietary or tenancy interest in the 

building affected. 

(C) Temporary occupancy. 

(1) Upon the request of the holder of the permit, a temporary certificate of 

occupancy may be issued at the sole discretion of the Code Official, prior to the 

completion of the entire work covered by the permit, provided that such portion or 

portions shall be occupied safely prior to the completion of the structure without 

endangering life or public welfare. No temporary occupancy shall be valid for a period of 

more than 180 calendar days and such temporary occupancy certificates shall not be 

issued for any reason other than weather related circumstances. 

(2) Certificate fees. All fees are non-refundable and non-transferable. 

Other than residential 

Residential 

$250.00 per unit space or floor 

$200.00 per residential unit 

(3) Certificate extension fees. Same schedule as in division (C)(1) above only 

on a per month basis. (Each calendar month or portion thereof, constitutes additional fee). 

Note: The Village Board shall be the granting authority for any temporary occupancy 

certificates requested or required to be issued beyond the 180 days as allowed in division 

(C). 


§ 156.176 TEMPORARY USE PERMIT. 

Application for a temporary use permit shall be made to the Zoning Administrator 

and shall contain the following information: 

(A) A plat of the property to be used, rented, or leased for the temporary use, 

including all information necessary to accurately portray the property. 

(B) A description of the proposed use. 

(C) All information needed to determine the yard requirements, sanitary facilities, 

safety precautions and parking space to serve the proposed use. 

(Ord., passed 7-17-89) 

2003 S-6


§ 156.177 FEES. 

The following fees shall apply: 

APPLICATION FEE RETAIN 

PERSONNEL FEE 

Final Plat of Subdivision - 

Residential less than 10 acres 

flat fee 

$1,000 + $ 100 per lot $5,000 

Final Plat of Subdivision - $2,000 + $100 per acre $10,000 

flat fee 

less than 10 acres 

add'1 + $100 per lot 

Final Plat of Subdivision -non-residential $1,000 +$100 per lot $10,000 flat 

fee 

Preliminary Plat of Subdivision - $1,000 flat fee $5,000 

flat fee 


Preliminary Plat of Subdivision - $1,000 + $100 per acre $5,000 

flat fee 

more than 10 acres 

add'1 

Annexation $2,000 + $100 per acre $10,000 

flat fee 

Special Use Permit, Rezoning, $500 flat fee for each $3,000 flat fee 

Amendments, Preliminary Planned request 

Unit Development - less than 2 acres 

Special Use Permit, Rezoning, 

Amendment, Preliminary Planned 

Unit Development - more than 2 acres 

$500 + $50 per acre add'1 $5,000 flat fee 

for each request 

Final Planned Unit Development - $2 000 flat fee $3,000 flat 

fee 


Final Planned Unit Development - $1,000 + 50 per acre $5,000 flat fee 

more than 2 acres 

add’l. 

Variation, Appeal less than 2 acres $250 per request flat fee $3,000 flat 

fee 

Variation, Appeal more than 2 acres $500 per request flat fee $5,000 

flat fee 

Concept Plan review - than 2 acres $250 flat fee $3,000 flat fee 

Concept Plan review - more than 2 acres 

fee 

$250 + $25 per acre add'l $5,000 flat

Site Plan review - less than 2 acres $1,000 flat fee $3,000 flat 

fee 

2003 S-6

Zoning Code 

350A 

PERSONNEL FEE 

APPLICATION FEE RETAIN 

Site Plan review more than 2 acres $1, 000 + $100 per acre $5,000 flat fee 

add'l. 

Simplified Residential Zoning Variation $200 flat fee none none 

(Ord., passed; Am. Ord. 97-05-08-0, passed 5-8-97; Am. Ord. 00-05-04-03, passed 5-4- 

00) 

§ 156.999 PENALTY. 

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to 

comply with, or who resists the enforcement of any of the provisions of this chapter, shall 

be fined not less than $50 nor more than $500 for each offense. Each day that a violation 

is permitted to exist shall constitute a separate offense. 

(Ord., passed 7-17-89)

Area Width Front Rear Total Side 

Minimum 

Side 

Abutting 

Street 

Abutting 

Res. Zone F.A.R Use Use 

Zone Use Sq. Ft. Ft. Ft. Ft. Ft. Ft. Ft. Ft. % --- Ft. St. Ft. St. 

R 

RE-1 

RE-2 

R-1 

R-2 

TABLE 1: LOT, AREA, AND BULK REGULATIONS 

Lot Size Yards Bulk 

Lot 

Coverage / 

Height of 

Principal 


Accessory 

Residential 

Single Family 40,000 150 50 40 30 10 30 -- 20 .40 25 3 12 2 

All Other Uses 80,000 200 50 40 50 20 30 -- 20 .40 25 3 12 2 

Single Family 20,000 100 50 40 30 10 30 -- 20 .40 25 3 12 2 

All Other Uses 80,000 200 50 40 50 20 30 -- 20 .40 25 3 12 2 

Single Family 12,600 90 30 40 20 8 30 -- 30 .80 25 2 12 2 

All Other Uses 40,000 150 30 40 30 10 30 -- 20 .40 40 3 12 2 

Single Family 8,400 70 30 40 18 7 30 -- 30 .80 25 2 12 2 

All Other Uses 40,000 150 30 40 30 10 30 -- 20 .40 40 3 12 2 

Duplex, 

R-3 2 Family 

16,000 110 30 40 18 7 30 -- 30 .60 27 2 12 2 

All Other Uses 40,000 150 30 40 30 10 30 -- 20 .40 40 3 12 2 

R-4 Townhomes, 

condominiums 

1st 2 units 12,000 100 30 40 20 8 30 -- 30 .60 35 3 12 2 

Ea. add. unit + 4000 + 10 30 40 20 8 30 -- 30 .60 35 3 12 2 

All other uses 40,000 150 30 40 30 10 30 -- 20 .40 40 3 12 2 

Footnotes at end of table 

-- indicates figures not applicable 

Notice - Many Village ordinances have been approved subsequent to the latest printing of the Huntley Zoning Code. Therefore, anyone 

planning construction on their property, or changing the land use, must check with the Village early on in the planning process to be sure 

they are following the latest ordinances. Also, certain residential and commercial developments are subject to additional regulations set forth 

in annexation agreements or other development regulations adopted by the Village as part of Planned Unit Developments. Please contact the 

Village's Planning and Zoning Department if you have questions regarding ordinances that relate to your development. (847) 669-9600

TABLE 1: LOT, AREA, AND BULK REGULATIONS 

Lot Size Yards Bulk 

Lot 

Coverage / 


Principal 


Accessory 

Area Width Front Rear Total Side 

Minimum 

Side 

Abutting 

Street 

Abutting 

Res. Zone F.A.R Use Use 

Zone Use Sq. Ft. Ft. Ft. Ft. Ft. Ft. Ft. Ft. % --- Ft. St. Ft. St. 

R 

Residential 

(cont'd.) 

R-5 

Multiple 

Family: 

1st 2 units 10,000 100 30 40 30 15 30 -- 30 .60 35 3 12 2 

Ea. add. unit + 3,000 + 5 30 40 30 15 30 -- 30 .60 35 3 12 2 

All other uses 40,000 150 30 40 30 10 30 -- 20 .40 40 2 12 2 

O 

Office 

All Uses 20,000 80 30 [3] 20 20 10 20 30 50[2] 1.0 25 2 15 1 

B Business 

B-1 All Uses 10,000 50 30 20 [1] -- -- 20 30 50 1.0 25 2 15 1 

B-2 All Uses 5,000 50 30 20 [1] -- -- 20 30 50 1.5 35 3 25 2 

B-3 All Uses [4] 80,000 200 50 20 -- -- 20 30 50 1.0 25 2 15 1 

M Manufacturing 

M All Uses 20,000 100 30 20 30 15 20 30 50 .75 45 3 25 2 

F Farming 

F All Uses 35 acres 100 30 30 24 12 30 30 5 .10 25 3 60 3 

-- indicates figures not applicable 

[1] Where the rear of a lot adjoins an alley, there shall be a rear yard adjacent to such an alley having a width of not less than ten feet. 

[2] Lot coverage will be limited by provisions for adequate parking facilities. 

[3] Front yards may vary. Where established buildings, on platted lots in a block (or in a distance of 400 feet from the lot in question), have a mean (average) 

setback greater than that required in the zoning district, the front yard setback requirement shall be the mean (average) setback of the existing building: not to 

exceed 50 feet. Along principal highways, greater setbacks are required in all districts: on Illinois Route 47 

[4] All B-3 zoning shall be shopping centers and such shopping centers shall be Special Use-Planned Developments.

Notice - Many Village ordinances have been approved subsequent to the latest printing of the Huntley Zoning Code. Therefore, 

anyone planning construction on their property, or changing the land use, must check with the Village early on in the planning 

process to be sure they are following the latest ordinances. Also, certain residential and commercial developments are subject 

to additional regulations set forth in annexation agreements or other development regulations adopted by the Village as part of a 

Planned Unit Development. Please contact the Village's Planning and Zoning Department if you have questions regarding 

ordinances that relate to your development. (847) 669-9600 

TABLE 2: USES PERMITTED IN ZONING DISTRICTS 

Note: X = Principal Use 

S = Special Use 

T = Temporary Use 

Zoning Districts 

Agricultural Uses 

RE-1 RE-2 R-1 R-2 R-3 R-4 R-5 O B-1 B-2 B-3 M F 

Farming 

S S X Apiary 

X X X Dairy Farm, including 

processing 

X X X X X X X Farming (cultivation of 

field and garden crops), 

including farm residents 

X X X Fish hatchery 

X X X X X Flower farm 

X X X Game animal farm 

X X X X X X X Grass or sod farm 

X X X X X X X Nursery 

X X X X X X X Orchard 

X 

Marsh land farming 

X X X Truck farm 

Agricultural Business 

X X Feed and Grain Sales 

X X X X Greenhouse, Commercial 

X S X Kennel/boarding 

X X Mushroom production 

barn 

X X Nursery, including retail 

sales 

S X Poultry hatchery 

T T T T T T T T T T T T T Seasonal sale of local 

farm products 

S S X Stable 

X X Veterinary clinic

1998 S-3 Repl. 393






Business Uses 


Automotive 

X X Agricultural implement sales 

and service 

X 

Ambulance service and 

garage 

S S S Automotive car wash 

X 

Automobile rental 

S X Automobile repair, major 

X X Automobile sales 

(showroom) 

X S Automobile service 

X 

S 

Automobile wrecking yard 

Boat sales 

X X Garage, bus or truck 

S S S Gasoline service station 

S S S S Gasoline station (retail nonbulk 

sales) 

S 

Mobile home sales 

X X Motorcycle showroom and 

service 

S S S Outside storage of vehicles 

S 

Recreational vehicles 

sales/service 

S X Taxicab garage 

X 

Trailer rental 

X X Truck rental 

X X Truck repair 

X X X Truck sales (showroom) 


S S Amusement park 

X X Billiard parlor 

S S Boat launching ramp 

1998 S-3 Repl.






Business Uses 



(continued) 

S X Boat rental, storage 

X X Bowling alley 

X S X X Club, private indoor 

S S S S S S S S X X Club, private outdoor 

S S S Conservation club 

S S S S Country club 

X X Dance hall 

X 

Game room 

X X X X Golf course 

X 

Golf driving range 

S X X X Health club or gymnasium 

S S S S Marina 

X X Miniature golf 

X X Motion picture theater 

X 

Park, commercial 

recreation 

S S Riding stable 

S S S Rod and gun club 

X 

Rink, 

roller/skating/skateboard 

S S X X Swimming pool, indoor 

private club 

X S Sports arena 

S X X S Tennis/Racquetball club, 

private 

X X Theater: Enclosed 

S 

Theater: Drive-in 

X X Trampoline center 

S S X Wildlife preserve 

S S X Zoological park 

1998 S-3 Repl.


Note: X = Principal Use S = Special Use T = Temporary Use 



Commercial Service 

X X X Advertising agency 

X 

Advertising display 

design/production 

X X Appliance service only 

X S Auction house 

X 

Blacksmith shop 

X X Blueprint/photostat/copy 

shop 

X X X Business machine repair 

X 

Dry cleaning—non-retail 

X X Exterminating and 

fumigating 

X 

Fuel, ice, coal and wood 

sales 

X X Furniture repair and 

refurnishing 

X 

Laundry—non-retail 

X 

Mail order house 

X X Newspaper, publisher 

X X X Office equipment & 

supplier sale 

S S S Outdoor sales & service 

S S S Radio & television studio 

S S X X Real estate office 

S S * * * Signs (See Sign 

Ordinance) 

*Special Use for signs 

required if primary use 

requires special use permit. 

X X X Stenographic service 

X 

X 

Wholesaling of 

commercial and retail 

products 

Window cleaning services 

1998 S-3 Repl.






Business Uses 


Financial 

S S X X Bank 

X X X X Credit union 

X X Currency exchange 

S X X Personal loan 

agency 

S S X X Savings and loan 

association 

Food service 

X X X X X Automat, vending 

machine—inside 

S S S S S Automat, vending 

machine—outside 

S S X X S Cafeteria 

S S Carry-out food 

service 

X X Catering service 

S S Drive-in food 

service 

S X Frozen food locker 

X X X Ice cream shop 

S S S X Restaurant 

X X Soft drink stand 

S S S Tavern 

S S Nightclub/ 

discotheque 

Office 

X X X Bookkeeping 

service 

X X X Detective agency 

X X Employment office 

1998 S-3 Repl.






Business Uses 


Office (continued) 

X X X Engineering office 

X X X X Income tax service 

X S X X Insurance office/agency 

X X X X Manufacturer's agent office 

X X X Offices for executive or 

administration purposes 

X S X X Professional offices (also see: 

Public uses—Health care) 

X X Public accountant 

X X Stockbroker 

X X Telegraph office 

X X Ticket office 

X X Title company 

X X X Travel agency 

X X Utility office 


X X X X Barber shop 

X X X X Beauty shop 

X X Catalog sales office 

X X X Clothes, pressing and repair 

S S S S S S S S S Day care 

X X Dressmaker, seamstress 

S X Funeral home, mortuary 

X 

Hotel 

X X Interior decorating studio 

X X X Laundry, cleaning & dying— 

retail

S S S S X X Library, lending 

X 

Locksmith 

1998 S-3 Repl.






Business Uses 



(continued) 

X X Motel 

X 

Pawn shop 

X X X Photography 

S X X Reading room 

S X X Reduce salon, masseur, 

steambath 

X X Shoe and hat repair 

X X Tailor 

X 

Taxidermist 

X X Weaving & mending— 

custom 

Retail Sales 

S X X Antique sales 

X X Appliance sales 

X 

Army-Navy surplus sales 

X 

Art gallery—art studio 

sales 

X X Art supply store 

X X Auto accessory store 

S S S X Bait shop 

X X X Bakery 

X X Bicycle shop 

X X X Bookstore 

X 

Camera shop 

X X X Cigar, cigarette & tobacco 

store 

S S X Clothing store 

X X X Craft studio 

X X Department store 

X X X X Drug store 

1998 S-2







X 

Business Uses/Industrial 

Uses 

Retail Sales (continued) 

Dry goods store—retail 

X X Fish market—retail 

X X Floor covering sales 

X X X Florist sales 

X X X Fruit & vegetable 

marker—retail 

X X X Furniture sales, new 

X 

X X X Gift shop 

Furniture sales, old 

X X X Grocery shop, 

convenience center 

X X Grocery store, retail 

X X Hardware store, retail 

X X X Health food store 

X X X X Hearing aid store 

X X X Hobby shop 

X X Household furnishings 

shop 

X X X Jewelry, retail 

X 

Junior department store, 

variety store 

X X Leather good 

X X X Liquor store 

X X Magazine & newsstand 

S X X Meat market 

X X Music, instrument & 

record store 

S S Outdoor sales & service 

X X Paint & wallpaper store 

X X Pet shop 

1998 S-3 Repl.






Industrial Uses 

RE-1 RE-2 R-1 R-2 R-3 R-4 R-5 0 B-1 B-2 B-3 M F 

Retail Sales (continued) 

X X Picture frame shop 

S S Secondhand store 

X X Souvenir, curio shop 

X X Sporting goods 

X X X Stationery store 

X X S Swimming pool & ass. 

fixtures 

X X Toy store 

X X Typewriter sales 

X X X Watch, clock—sales & 

repair 

S 

S 

Construction 

Bulk material storage yard 

Contractor equipment 

storage yard or plant 

X X X Electrical equip. 

sales/fixtures 

S 

X 

Machinery storage yard 

Monument works 

X X X Plumbing supplies & fixture 

sale 

X X Pump sales 

X 

S 

X 

Septic tank sales & services 

Building materials, 

fabricating, storage, & 

distribution in conjunction 

with on-site wholesale & 

retail sales 

Industrial Service 

Carpet & rug cleaning plant 

1998 S-3 Repl.






Public Uses 


Construction (continued) 

X 

X 

Dry cleaning & dyeing 

plant 

Furniture cleaning plant 

X X Laboratory for 

experimentation & 

scientific research 

X X Laboratory for testing 

materials or products 

X 

Laundry plant, non-retail 

X X Mirror & glass supply, 

refinish 

S X Upholstery shop 

Manufacturing 

Manufacturing uses, 

including but not limited 

to assembly, cleaning, 

compounding, fabrication, 

manufacture, custom 

building, mixing, 

packaging, processing & 

production which can meet 

the highest industrial 

performance standards 

Education 

S S S S S S S S S S S College, university or 

junior college & high 

school 

S S S S S S Commercial or trade 

school, or other school 

offering training 

S S S S S S S S S S Day care nursery school 

S S X X X X X S Elementary or junior high 

school 

S S X X X X X S Kindergarten 

S S S S S S S S School for mentally or 

physically handicapped 

1998 S-3 Repl.






Public Uses 


Health Care 

S 

Assisted Living Facilities 

S S S S S S S S S S Child Care Institution 

S S S S S S S S S S Hospital, communicable 

disease 

S S S S S S S S S S Hospital, general 

S S S S S S S S S S Hospital or treatment 

center for alcoholism, drug 

addiction or similar 

affliction 

S X X X Medical laboratory 

S S S S S S S S S Mental health clinic 

S S S S S S S S S Mental hospital 

S S S S S S S S S Nursing home 

X S X X Professional doctor office 

or clinic 

S S S S S S S S S Sheltered care home 

Public Facilities 

X X Armed forces training 

center 

X X Armory 

S S S S S S S Cemetery or mausoleum 

X X X X X X X Government office & 

services 

X X X X X X X Library 

X X S Museum 

X X X Post office 


S S S S S S S Ampitheatre 

X X X X X X S Arboretum 

X 

Auditorium 

X X X X X X Community center 

X X X X X X X X Forest preserve 

2003 S-6








(continued) 

X X Gymnasium 

X X X X X X X X X X X X X Park 

X X X X X X X X X Playground 

X 

X 

Sports arena 

Stadium 

X X X X X X X Swimming pool, indoor 

X X X X X X X Tennis courts, indoor 

X X X X X X X X X X Tot lot 

S S S S S S S X Wildlife preserve 

S S S S S S S X Zoological park 

S 

S 

Public Utility 

Energy generating station 

Gas storage tank 

S S S S Solid waste disposal site 

S S S S S S S S S S S X Sub-station 

S S S S S S S S S S S X Telephone exchange 

X 

Utility company 

maintenance yard or depot 

S X Utility service yard or 

garage 

X S S S S S S S S S S X S Water storage tank 

X 

Wastewater treatment 

facility 

Religious 

X X X X X X X S Church or other place of 

worship 

X X X X X X X Convent or monastery 

X X X X X X X S Rectory 

1998 S-3 Repl.







Religious (continued) 

X S S Religious retreat 

X X X X X X X S Sunday school 

X X X X X X X Theological seminary 

Residential 

X 

X 

Apartment—4 dwelling 

units or less* 

Apartment—20 dwelling 

units or less* 

S Apartments— 21 to 50 

dwelling units 

X 

Apartments above first 

floor business uses and 

office uses 

Apartment hotel 

X 

Boarding house 

S S Group dwelling 

X X X X X X Single family dwelling 

X 

Tourist home 

X X Townhouse, triplex & 

quad buildings—4 

dwelling units or less 

X 

Townhouse—8 dwelling 

units or less 

X X 2 family dwelling 

Special Uses 

S S S S S S S S S S S S Mining, extraction of earth 

products 

S S S S S S S S S S S S S Planned developments 

S 

Shopping centers (all 

shopping centers shall be 

planned developments) 

*Apartments as used above shall include triplex and quad dwelling structures. 

1998 S-3 Repl.





S S S Airport 

X Bus garage, car barn 

S S Grain elevators 

S S S S S Heliport 

X Motor/rail freight terminal 

X X X Parking garage, public 

X X X Parking area, public 

X 

X 

Train station 

Truck terminal 

Warehouse, storage 

Temporary Uses 

T T T T Carnival or circus 

T T T T T T T T T T T T Christmas tree sales 

T T T T T T T T T T T T Contractor's office & 

equipment 

T T T T T T T T T T T T Real estate sales office 

T T T T T T T T T T T T T Religious tent meeting 

T T T T T T T T T T T T T Seasonal sale of farm 

products 

T T Special promotions 

T T T T Tent theater 

1998 S-3 Repl.

Table 8: Required Parking Spaces

Notice - Many Village ordinances have been approved subsequent to the latest printing of the Huntley Zoning Code. 

Therefore, anyone planning construction on their property, or changing the land use, must check with the Village early on in 

the planning process to be sure they are following the latest ordinances. Also, certain residential and commercial 

developments are subject to additional regulations set forth in annexation agreements or other development regulations 

adopted by the Village as part of a Planned Unit Development. Please contact the Village's Planning and Zoning Department 

if you have questions regarding ordinances that relate to your development. (847) 669-9600

TABLE 9: REQUIRED NUMBER OF LOADING SPACES 

REQUIRED SPACES 

ZONE USE per first 

20,000 sq. ft. 

per first 

50,000 sq. ft. 

per first 

100,000 sq. ft. 

per addnl 

100,000 sq. ft. 

1 2 3 4 5 6 

R 

RE-1, 

RE-2, 

R-3a, 

R-3b, 

R-4 

Residential 

Residential --- --- --- --- 

Health care --- 1.0 2.0 1.0 

All other uses --- 1.0 1.0 1.0 

Office 

O 

B 

Age restricted congregate one (1) loading space per 175,000 square feet of building space 

living, assisted living, longterm 

care facilities and/or 

nursing homes 

All uses --- 1.0 1.0 additional 

space 

Business 

5 additional spaces 

Automotive 1.0 2.0 3.0 1.0 

B-1, 

B-2, 

B-3 

Commercial recreation --- 1.0 1.0 1.0 

Commercial service 1.0 2.0 3.0 1.0 

Financial --- 1.0 1.0 0.5 

Food service 1.0 2.0 3.0 1.0 

Office --- 1.0 1.0 0.5 

Personal service --- 1.0 1.0 0.5 

Retail 1.0 1.0 2.0 1.0 

Notice - Many Village ordinances have been approved subsequent to the latest printing of the Huntley Zoning Code. 

Therefore, anyone planning construction on their property, or changing the land use, must check with the Village early on in 

the planning process to be sure they are following the latest ordinances. Also, certain residential and commercial 

developments are subject to additional regulations set forth in annexation agreements or other development regulations 

adopted by the Village as part of a Planned Unit Development. Please contact the Village's Planning and Zoning Department 

409 

if you have questions regarding ordinances that relate to your development. (847) 669-9600 

2000 S-4


REQUIRED SPACES 

ZONE USE per first 

20,000 sq. ft. 

per first 

50,000 sq. ft. 

per first 

100,000 sq. ft. 

per addnl 

100,000 sq. ft. 

1 2 3 4 5 6 

BP All spaces one (1) space per 12,000 square feet of gross building area 

M 

Manufacturing Uses 

Agricultural uses 1.0 1.0 2.0 1.0 

M, M-L 

Business uses 1.0 1.0 2.0 1.0 

Commercial service 1.0 2.0 2.0 1.0 

Industrial uses 1.0 2.0 3.0 1.0 

Public uses 1.0 1.0 2.0 1.0 

Transportation uses 1.0 2.0 3.0 1.0 

PDD 1 

Loading spaces shall be provided for each individual use in accordance with the Commercial District Requirements 

1 

No loading or storage area shall encroach into any parking lot or driveway. Continuous parking of any vehicle is prohibited in 

loading 

or storage areas. 

No loading or storage area shall be located within twenty-five (25') of the nearest street right-of-way or property line. 

No loading or storage area shall be located closer than one hundred feet (100') to any residential district unless it is completely 

screened 

from view by a berm, solid wall, fence or combination thereof. Loading and storage areas so screened shall be located no closer 

than 

fifty feet (50') to any residential district. 

All loading or storage areas shall be screened from public view by a solid wall, solid planting, grading or a combination thereof. 

Whenever a loading area is located adjacent to a parking area there shall be an eight foot (8') wide landscape buffer separating the 

two. 

2000 S-4

CHAPTER 156: ZONING CODE - Village of Huntley

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