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HomeMy WebLinkAboutOrd 4590 10/05/1993 ORDINANCE NO. 4590 AN ORDINANCE AMENDING CHAPTER 14 "ZONING ORDINANCE" OF THE VILLAGE CODE OF MOUNT PROSPECT IN ITS ENTIRETY PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 5th day of October , 1993 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois; the 5th day of October , 1993. DC/caf ORDINANCE NO. 4590 AN ORDINANCE AMENDING CHAPTER 14 "ZONING ORDINANCE" OF THE VILLAGE CODE OF MOUNT PROSPECT IN ITS ENTIRETY BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF.MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Chapter 14 entitled ,Zoning" of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety; so that hereinafter said Chapter 14 of the Village Code shall be and read as follows: " CHAPTER 14 ZONING TITLE PAGE ARTICLE NAME I Title, Purpose and Intent II Administration and Enforcement III General Provisions IV Non-COnforming Buildings, Structures and Uses V Planned Unit Development VI Zoning Districts VII C-R Conservation Recreation District VIII R-X Single-Family District IX R-1 Single-Family Residence Distdct X R-A Single-Family Residence District XI R-2 Attached. Single Family Residence District XII R-3 Low-Density Residence District XIII R-4 Multi-Family Residence District XIV R-5 Senior Citizen Residence District XV , B-1 Business Office District XVI B-2 Neighborhood Shopping District XVII B-3 Community Shopping District XVIII B-4 Corridor Commercial District XIX B-5 Central Commercial District XX O/R Office Research District XXI I-1 Limited Industrial District XXII Off-Street Parking and Loading XXIII Landscape Ordinance XXIV Definitions XXV Appendix of Illustrations ARTICLE I TITLE, PURPOSE AND INTENT SECTION: 14.101. Title 14.102. Purpose and Intent Sec. 14.101. Ti~e This Chapter shall be known, cited and referred to as the "Village of Mount Prospect Zoning Ordinance." Sec. 14.102. Purpose and Intent The Mount Prospect Zoning Ordinance is adopted for the purpose of protecting and promoting the health, safety, comfort, convenience and general welfare of residents of the Village. Accomplishing this purpose is achieved by the following objectives: To provide zoning for all properties with a goal of conserving the value of buildings and land and encouraging the most appropriate use of land throughout the Village. To protect residential, business, commercial, and industrial areas from encroach- ment by incompatible uses and to ensure that land designated by a specific zoning classification shall not be adversely effected by inappropriate uses. 'To establish reasonable and safe standards to which buildings shall conform. To establish appropriate standards for the provision of light, air, safety, and open space. · - To prohibit the inappropriate development of land and to Provide for adequate drainage amounts of impervious surface on lots as an attempt to reduce localized flooding. To provide a rational relationship between residential, business, commercial and industrial uses. To allow a rational development of land that will ensure proper living and working conditions and proper relationships between residential and non-residential development. ' To facilitate development in a fashion whereby all public ut ities can be adequately provided. To establish m~nimum standards to which uses of land and building shall conform. To provide for the regulation of non-conforming uses, non-conforming structures, and the gradual elimination thereof. To define the duties and powers of elected and appointed officials and professional staff. To designate penalties for any violation of the provisions of this Chapter and to provide a basis for proper enforcement. The standards and requirements contained in this Chapter and the zoning district map are intended to implement the goals of the Comprehensive Plan of the Village and all planning policies of the Village. ARTICLE II ADMINISTRATION AND ENFORCEMENT SECTION': !4.201. Organization 14.202. Admins~ative Bodies and Specific Duties 14.203. Procedures for Administrative Functions Sec, 14.201. Organization The administration of this Chapter is hereby vested in the following elected and appointed B~ards and professional stab Village Board of Trustees Zoning Board of Appeals Director of Planning The administra~ve functions .of this Chapter are as follows: Zoning compliance reviews ~ssuance of Certificates of Occupancy Variations Text and Uap Amendments Appeals Conditional Uses Public Hearings Fees and Penalties Sec. 14.202. Admini~rative Bodies and Specific Duties Village Board of Trustees The Board of Trustees shall have the following duties and responsibilities with regard to this Chapter:. 1. Receive recommendations from the Zoning Board of Appeaie concerning all text and map amendments, Conditional Use permits, certain variations and to approve or disapprove any suci~ recommendation from. the Zoning Board of Appeals. 2. All decisions and findings by the V~llage Board.of Trustees shall in all instances be the final administrative decisions and shall be subject to judicial review as may be provided by law. In the case where decisions made by the Village Board are done so by ordinance, the authorizing ordinance shall provide the final administrative decision and shall be subject to judicial review as may be provided by law. 3. The Village Board shall convene an annual meeting with the Zoning Board of Appeals to review the effectiveness of this Zoning Ordinance. B. Zoning Board of Appeals The Zoning Board of Appeals of the Village Of Mount Prospect, as described in Article 5.501 of the Municipal Code, has the authority and duties described below: 1. To hear petitions for certain variations, Conditional Use Permits. Map and Text Amendments and prepare recommendations to the Village Board regarding such petitions. 2. To hear and decide as final administrative authority, all petitions for fence variations and for variations which do not exceed twenty-five percent (25%) of any requirement of this Chapter. 3. To hear appeals from any order, requirement, decision, or determination made by the Director of Planning of this Chapter. C. Director of Planning The position of the Director of Planning has been established by the Village of Mount Prospect. This Js a department head position, reporting to the Village Manager. The duties and authority of the Director of Planning, or duly appointed employees of the Planning Department, shall be as follows: 1 Provide public information on the provisions of the Zoning Ordinance. 2. Forward to the Zoning Board of Appeals all applications for appeals, variations, Conditional Uses, map or text amendments, or other matters on which the Zoning Board of Appeals is required to review under this Chapter. 3. Review and prepare recommendations on all matters going before the Zoning Board of Appeals. 4. Maintain possession of appropriate records and files pertaining to the Zoning Ordinance, including but not limited to zoning maps, amendments, Conditional Uses, variations and appeals. 5. Conduct inspections of buildings, structures, and land to determineappropriate compliance with the regulations of this Chapter. 6. Issue notice of wo at ons and ~itat~ons ~r'~Vibiations of the regulations of this Chapter. Notices shall require compliance within fifteen (15) days and advise violators of their dght to appeal. 7. Issue "Stop Work" orders for any construction or work that is not in compliance with the regulations of this Chapter. 8. Approve Certificates of Occupancy and zoning for any structure or use of land ~n the Village. Se~ 14.203. Procedures for Administrative Functtons The procedures regarding all administrative functions of this Zoning Ordinance are set focth as follows: A. Review for Zoning Compliance No permit pertaining to the use of land or buildings, existing or proposed, shall be issued by any officer, employee or department of the Village unless the application for such permit has been reviewed and apprbved by'the Director of Planning or duly appointed employee of the Planning Department. Such approval shall be by written authorization certifying the proposed use complies with all provisions of this Chapter. In certifying this zoning compliance, the Village authorizes that the specific land or building can be occupied or used for its intended purpose, provided that any new construction or remodeling conforms to the approved plans and all applicable regulations of the Village. Any permit issued in conflict with the provisions of the Zoning Ordinance, or without proper authorization, shall be null and void. B. Approval of Occupancy No ~3uilding shall be used for any purpose until the Director of Planning or duly appointed employee of the Planning Department has provided written authorization for approval of the occupancy. Such authorization shall be in writing and on a form from the Inspection Services Department. The final Certificate of Occupancy shall be issued by the Inspection Services Department with all occupancy records kept in that Department..No change in use shall be made until authorization has been obtained from the Director of Planning. 1. Applicalfon for Cerfllicate of Occupancy Every application for a building permit shall be deemed to be an application for an Occupancy Certificate. An application for a proposed 'use of land where no building permit is required shall be made to the Director of Planning. 2. Issuance of Certificate of Occupancy No certificate of occupancy shall be issued hereunder for the occupancy of any building constructed or altered after the enactment of these regulations unless the building has been constructed or altered in compliance with the provisions of the Building Code. Upon making final inspection of any c,g. nstruction work for which a permit is required the Director of Inspection Services may execute a document indicating that such final inspection has been made and that he found no violation of the provisions of the regulations in connection therewith, but such document shall be in no way a certificate or statement that the work has been propedy done in compliance with these regulations ancl shall not be considered as an assurance that the work has been so propedy done. C. variations 1. Intent Variations shall be granted or recommended for approval only where the Zoning Board of Appeals makes findings of fact in accordance with the standards set forth in this Chapter, and further finds that the regulations of this Chapter will impose practical difficulties or particular hardships to the petitioner in carrying out the strict letter of the regulations of this Chapter. 2. Au~ortty The Zoning Board of Appeals may, after a public hearing, grant or recommend for approval a variation in harmony with the general purpose and intent of this Chapter. 3. Inltlstion An application for a variation may be made by any person, firm, other entity, corporation, or by any governmental entity requesting or intending to request application for a building permit. 4. Filing of Appllcetions An application for a variation shall be filed with the Director of Planning on forms obtained from the Planning Department. Such 'form shall include all necessary information necessary for processing the variation request, including, but not limited to a statement on specific hardship, the extent of variation requested, legal description of subject property, survey, site plan, .appropriate .proof of ownership, or proof of authority. The application form for a .variation may be ~. revised from time to time. The application shall be filed with the appropriate fee in an amount established by the Board of Trustees. 5. Public Hearing Public hearings shall be held in compliance with State Statutes and provisions of this Chapter as described in Section 14.203.G. 6. Action by Zoning Board of Appeals The Zoning Board of Appeals shall hear and decide as final administrative authority, all petitions for fence variations and variations which do not exceed twenty-five percent (25%) of~'ahy?~e~eh[ of this Chapter. The Zoning Board of Appeals shall make recommendations to the Village Board on all variations which are more than twenty-five percent (25%) of any requirement of this Chapter. In all petitions for variations, the Zoning Board of Appeals shall make findings of fact based on the standards of this Chapter. 7. Act]on by Village Board The Village Board shall' make a final decision on an application for a variation after receiving the recommendation of the Zoning Boarcl of Appeals. Any variation which fails to receive a favorable recommendation from the Zoning Board of APpeals shall not be granted by the Village Board unless there is a concurring vote of five (5) if all seven (7) members of the Corporate Authorities are present and voting, and a concurring vote of four (4) if less than seven (7) members of the Corporate Authorities are present and voting. In the case of a written protest against any proposed variation, signed by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjacent or across an alley, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the proposed variation shall not be passed except by the voting requirements in the preceding paragraph. 8. Appeal of Zoning Board of Appeals Decision Any individual may file an appeal of any decision of the Zoning Board of Appeals with the Village .Board. Such appeal shall be filed with the Director of Planning within five (5) calendar days of the Zoning 'Board of Appeals decision. 9. Standards for Va~ations A vadation~from the regulations of this Chapter shall not be granted or recom- mended for approval by the Zoning Board of Appeals unless findings of fact based on evidence are made in 'each .specific case that affirm the following standards: a. Because of the particular physical surroundings, shape, or topographica! conditions of the specific property involved, a specific hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations was to be applied; b. The conditions upon which an application for a variation are based are unique to the property for which the variation is sought and are not generally applicable to other property within the same zoning classification; c. The purpose of the variation is not based Primarily upon a desire to increase financial gain; d. The alleged difficulty or hardship is caused by this Chapter and has not been created by any person presently having an interest in the property; e. 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. f. The granting of the variation will not alter the essential character of the neighborhood; and g. The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or impai~ natural drainage or create drainage problems on adjacent properties, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 10. Resldctlons on Variations The following restrictions shall, apply to all variations: a. No variation shall be authorized that would modify any definition; b. No variation shall be authorized that would vary uses between zoning districts, except use exceptions approved in a planned development; c. No variatiOn shall be authorized that would result in a density increase from that permitted in a zoning distdct except in conjunction with a planned development; - 11. Additional Restrictions In the granting of a variation, additional conditions and restrictions may be placed upon the premises, which are necessary to comply with the standards listed above' and the objectiVes of this Chapter. 12. Revocalion Where a variation has been granted pursuant to the provisions of this Chapter, such approval shall become null and Void unless a building permit is issued and · work is subStantially underway within twelve (12) months of the date of the variation, unless extended by the' Zoning Board of Appeals. 13. Effect of Denial of Proposal · No application for a variation which has been denied by the Zoning Board or Village Board shall be resubmitted for a period of one (1) year from the date of the denial, except on grounds of new evidence or proof of change of condition found, to be valid by the Dir~6~"~'~i~hhihg, D. Amendments 1. Intent For the reason of promoting the purpose and intent of this Chapter, the Village Board may amend the regulations of this ordinance or amend zoning district boundaries by following the provisions set forth below. 2. Authority The Village Board shall have final authority for amendments. The Zoning Board of Appeals shall review applications for text amendments and map amendments. The Zoning Board of Appeals shall prepare findings of fact and forward their reCOmmendation to.the Village Board for a final decision. 3. Initiation Amendments to the text of the Zoning Ordinance may be proposed by the Village Board, Plan Commission, Zoning Board of Appeals, other Village officials or any interestec~ person or organization. Amendments to zoning district boundaries may be proposed by a property owner, contract purchaser, the Village Board, Plan Commission, Zoning Board of Appeals or other Village official. 4. Filing of Application An application for an amendment shall be filed with the Director of Planning on forms obtained from the Planning Department. The Director of Planning, upon receiving a complete application for an amendment, shall forward the application, along with other data, to the Zoning Board of Appeals for their review and recommendation to the Village Board. 5. Public Hearing Public headngs shall be held in compliance with State Statues, and provisions. of this Chapter as described in Section 14.203.G. 6. Recommendation by Zoning Board of Appeals The Director of Planning shall submit the wdtten recommendations of the Zoning Board of Appeals on an application for an amendment to the Village Board within thirty (30) days of conclusion of the public hearing. Extension of this time period may be allowed by mutual consent of the Applicant and the Director of Planning. 7. Action by the Village Board The Village Board shall make a final decision on an application, for an amend- ment after receiving the recommendation of the Zoning Board of Appeals. Any amendment which fails to receive a favorable recommendation from the Zoning Board of Appeals shall not be granted by the Village Board unless there is a concurring vote of five (5) if all seven (7) members of the Corporate Authorities are .present and voting, and a concurring vote of four (4) if less than seven (7) members of the Corporate Authorities are present and voting. In the case of a written protest against any proposed map amendment, signed by the .owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty .percent (20%) of the frontage immediately adjacent or across an alley, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the proposed amendment shall not be passed except by the voting requirements in the preceding paragraph. 8. Standards The regulations of this Chapter shall not be amended unless findings are made on the following standards: a. Map Amendments When a map amendment is proposed the Zoning Board of Appeals shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: i. Compatibility with existing uses of property within the general area of the property in question; ii. Compatibility with the zoning classification of property within the general area of the property in question; iii.The suitability of the property in question to the uses permitted under the existing zoning classification; ~v. Consistency with the trend of development in the general area of the property in question, including changes, which have taken place in its present zoning ciassificetion; v. The corn patibility of the surrounding property with the permitted uses listed in the proposed zoning ciassificetion; vi. The. Objectives of the current Comprehensive Plan for the Village of Mount Prospect and the impact of the proposed amendment on the said objectives; vii. The suitabil.ity of the property in question for permitted uses listed in the proposed zoning ciassificefion. b. Text Amendments' When a text amendment is proposed, the Zoning Board of Appeals shall make findingsbased upon the evidence presented to it in each spec]ftc case with respect to, but not limited to, the following matters: i. The degree to which the proposed amendment has General applicability within the ¥illage at large and not intended to benefit spec]ftc property. ii. The consistency of the proposed amendment with the objectives of this Chapter and the intent of the applicable zoning district regulations. iii.The degree to which the proposed amendment would create nonconfor- mity. iv. The degree to which the proposed amendment would make this Chapter more permissive. v. The consistency of~the proposed amendment with the Comprehensive Plan. vi. The decjree to which the proposed amendment is consistent with VillaGe policy as established in previous rulings on petitioners involving similar c]rcumstances. 9. Effect of Denial of Proposal No application for a map or text amendment which has been denied by the VillaGe Board shall be resubmitted for a period of one (1) year from the date of the denial, except on the Grounds of. new evidence or proof of change of condition found to be valid by the Director of Planning. 10. Repeal of Amendment In any case where a map amendment has been Granted and where no development has taken place within one (1) Year, the Zoning Board of Appeals, a~er holding a pubiic hearin§, may recommend to the Village Board that such zoning be affirmed or repealed and rezoned to any other appropriate zoning c~assification. The Vii]age Board may adopt'an ordinance repealing a map amendment upon receiving the recommendation of the Zoning Board of Appeais. E. Appeals 1. Aut~orRy The Zoning Board of Appeals shall hear and decide appeals from any administrative order, requirement, decision, or determination made by the Director of Plannin or other authorized official concerning the regulations of this Chapter. 2. Inrda'don An appeal may be taken to ihe Zoning Board of Appeals by any person, firm or corporation aggrieved by an administrative order, requirement, decision or determination of this Chapter by the Director of Planning or other authorized official. 3. Firing of Application An application for an appeal shall be filed with the Director of Planning on forms obtained from the Planning Department who shall forward such appeal to the Zoning Board of Appeals for their review and decision. 4. Public Hearing A public hearing shall be conducted by the Zoning Board of Appeals on the appeal application..Notice shall be as provided in Section 14.203.G, in compri-' ance with State Statutes. 5. Decisions on Appeals Any decisions by the Zoning Board of Appeals on an appeal application shall be in all instances the final administrative determination and shall be subject to judicial review only in accordance with applicable Statutes of the State of Illinois. F. Conditional Uses 1 Intent and Applicability The development and administration of this Chapter is based upon the Village being divided into zoning districts within which the use of land and buildings and the bulk and location of buildings and structures is substantially uniform. However, it is recognized that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular zoning district' without consideration of the 'impact. of those uses upon adjoining properties and their impact on the neighborhood in general. Such Conditional Uses fall into two categories: a. Uses publicly operated or uses traditionally promoting a public interest or benefit. b. Uses entirely pdvate in character but of a nature that their operation may present a different impact upon adjoining properties or the neighborhood in general. 2. Authorit~ The Zoning. Board of Appeals shall convene a public hearing on a conditional use application. The Zoning Board of Appeals shaft prepare findings of fact based on evidence presented' addressing required standards, and submit a recommendation on an application to the Village Board for their review and final decision. 3. Initiation Any person, firm, corporation, office or other legel entity having ownership interest in land, or a contractual interest that may become an ownership interest, may file an application with the consent of the property owner. 4. Fang of Applicat~on An application for a conditional use shall be filed with the Director of Planning on forms obtained from the Planning Department. The Director shall, upon receiving a complete application for a Conditional Use, forward the application, along with other data considered important by the Director, to the Zoning Board of Appeals for their review and recommendation to the Village Board. 5. Public Hearings A public hearing shall be conducted by the Zoning Board of Appeals on the Conditional Use application. Notice shall be as provided in Section , and in compliance with State Statutes. 6. Recommendation by the Zoning .Board of Appeals The Director of Planning shall submit the wdtten recommendation of the Zoning Board. of Appeals on an application for a Conditional Use to the Village Board within 30 days of conclusion of the public hearing. Extension of this time period may be allowed by mutual consent of the applicant and the Director of Planning. 7. Action by the Village Board a. The Village Board shall not act upon a proposed Conditional Use until it has received a written report ancl recommendation from the Zoning Board of Appeals provided by the Director of Planning. b. The Village Board may approve a Conditional Use by ordinance, deny, or refer back to the Zoning Board of Appeals for further review. The Village Board may establish such conditions and restrictions upon the establishment, .location, construction, maintenance, and operation of the Conditional Use, as is deemed necessary for the protection of adjoining properties and the neighborhood in general and the public interest. c. In all cases where the 'Village Board permits a Conditional Use, the authorizing ordinance shall specifically set forth the terms for oPeration of the Conditional Use. d. Any Conditional Use which fails to receive a favorable recommendation from the Zoning Board of Appeals shall not be granted, by the Village Board .. unless there is a concurring vote of five (5) if all seven (7) members of the Corporate Authorities are present and voting,, and a concurring vote of four (4) if leSS than seven (7) members of the Corporate Authorities are present and voting. · 8. Standards No Conditional Use shall be recommended for app"oval by the Zoning Board of Appeals unless it finds: a. That the establishment, maintenance, or operation of the Conditional Use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare; b. That the Conditional Use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located. ~ c. That the establishment of the Conditional Use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district; d. That adequate public utilities, access roads, drainage and/or necessary facilities have been or will be provided; e. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; f. That the proposed Conditional Use is not contrary to the objectives of the current Comprehensive Plan for the Village of Mount Prospect; and g. That the Conditional Use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommen- dations of the Zoning Board of Appeals. 9. Conditions and Guarantees In all cases where Conditional Uses are granted, and conditions regulating the use are established as described in G. 2, the Village Board shall raquira such , evidence and guarantees as it may deem necessary as proof that the Condition- al Use complies with all regulating conditions. 10. Effect of Denial of Application No application for a Conditional Use which has been denied by the Village Board shall be resubmitted for a pedod of one (1) year from the date of denial, except on the grounds of new factual evidence, or a change in conditions which would alter the concept or intent of the request. Such changes may include reductions in density or building height, changes in land use and road standards and alignment, or conditions which would have a positive effect on surrounding property, and serve to address the circumstances of the denial of the odginal application. Such change or new evidence must be reviewed and acknowledged by the Director of Planning before a new app ~caton can be submitted for a public headng. 11. Revocation a. In any case where the construction of an approved Conditional Use is not substantially' underway, or if a use is not established or commenced in the building within one (1) year from the date of granting thereof, and completed within 18 months, then, without further action by the Village Board, the Conditional Use or authorization thereof shall be null and void. b. A Conditional Use may be revoked if Conditional Use as established or constructed on the site does not conform to the established conditions for approval. The Director of Planning will be responsible for advising the Village Board of any. violations and the Village Board may then authorize the Zoning Board of Appeals to schedule a public hearing to consider revoking the Conditional Use permit. After conducting the public headng, the Zoning Board of Appeals shall then prepare a wdtten report and recommendation to submit to the Village Board. Upon receipt of the Zoning Board of Appeals' report, the Village Board shall then reneer a final judgment regarding rescinding the Conditional Use permit and accompanying ordinance. 12. Expiration and Transferability The Conditional Use shall expire if the Conditional Use shall cease for more than 12 months for any reason. However, the ownership of an authorized Conditional Use may be changed if the use remains unchanged. 13. Modification or Intensiflcab'on Any modification or intensification of a Conditional Use which, alters the essential character or operation of the use in a way not intended at the time the Conditional Use was granted, shall require a new Conditional Use permit. Such Conditional Use permit shall be applied for prior to any modification of the use or property. The Director of Planning shall determine whether the proposed modification or intensification represents an alterafion~in the essential character of the original Conditional Use as approved. The operator of the Conditional Use shall provide the Director of Planning with all the necessary information related to the Conditional Use to render this determination. G. Publk= Hearing Procedures 1. Upon receipt of an application for a variation, amendment, Conditional Use or appeal the Director of Planning shall review the application for completeness and assign a case' r~umber to the request. 2. Not more than 30 days nor less than 15. days prior to the date an application is to be considered, the Director of Planning shall cause notice thereof to be published at least once in a.newspaper of general circulation within the Village · of Mount Prospect. 3. The applicant shall provide to the Department of Planning a list of owners of record of property lying within 250 feet, exclusive of right-of-way width, of the parcel subject to the public hearing. The applicant shall attest in writing that the list of property owners is true and accurate. The Director of Planning shall cause a copy of the public notice to be mailed to all property owners on the list no more than 30 days nor less than 15 days pdor to the hearing. 4. All published and mailed notices shall contain the case number assigned to the application, the legal description and address of the property, a brief statement on the nature of the public hearing, the name and address of the property owner, the .petitioner and their legal representative, and the date, time and location of the public headng. 5. The Director of Planning shall also cause one or more s~gns to be posted on the property which is subject of the public hearing. a. The number and location of signs shall be determined by the Director of Planning. b. The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size, having Jetters a minimum of two inches (2") high, and contain the following information: The fact that a public headng will be held to affect the subject property, with direction to interested members of the general public to call the office -of the Planning Director for further information concerning date, time and place and subject matter of said public headng. 6. Any interested person may appear and be heard at the hearing held concerning any such application for variation, amendment or conditional use, and such appearance may be made in person, by agent (if a corporation), or by attorney. GENERAL PROVISIONS SECTION: 14.301. Interpretation of Zoning Requimme.L-, 14.302. Separability 14.303. Transitional Standards of this Zoning Ordinance 14.304. Bulk Regulations 14.305. Regulations for Radio, Satellite and Television Antennas, Towers and Dishes 14.306. Accessory Structures 14.307. S~andards for Home Occupa0ons 14.308. Group and Family Community Residences 14.309. Standards for the R-X, R-l, R-A, and R-2 Zoning Districts 14.310. Standards for the R-3 and R-4 Zoning Districts 14.311. Outdoor Sales and Storage Sec. 14.301. Interpretetion of Zoning Requirements: In their interpretation and application, the requirements and provisions of this Chapter shall be considered to be the minimum requirements for the promotion of the public health, safety, morels, comfort, convenience, prosperity and general welfare of residents of the Village. This Chapter is not intended to abrogate any easement, covenant, or any other pdvate agreement, provided that where the regulations of this Chapter are more restrictive,' or impose a higher standard or requirements than such easements or other private agreements, the requirements of this Chapter shall govern. All I~uildings erected hereafter, all uses of land or buildings established hereafter, and'all structural alterations or relocation of existing buildings after adoption of this Chapter shall be subject to all regulations of this Chapter and the applicable zoning district. Except for an accessory use, as defined in this Chapter, any use or potential use of land or a structure which is not specifically enumerated as a permitted use, conditional use or use in limited circumstances, within a particular district, shall be prohibited. This prohibition is subject to Section 14.401, Non-Conforming Buildings, Structures and Uses. Sec. 14.302. Separability: It is the intention of the Board of Trustees that the individual provisions of this Chapter are separable in accordance with the following: A. If any court shall, judge any provision of this ChaPter to be invalid, such judgement shall not affect any other provision of this Chapter not specifically included in said judgement. B. If any court shall judge invalid any application of any provision of this Chapter' for a particular property, building, or use of land, such judgement shall not affect the application of such provision to any other property, building, or use of land not specifically included in said judgement. Sec. 14.303. Transitional Standards of This Zoning Ordinance: Provisions governing the applicability of this Chapter as it relates to the previous zoning ordinance are established as set forth below: A. Existing Permitted Uses: If a use which was classified as permitted prior to the effective date of this Chapter is classified as a Conditional Use by this Chapter, such use is hereby deeded a lawful Conditional Use for the purposes of this Chapter. B. Existing Special Uses: 1. A Special Use approved pdor to the effective date of this Chapter shall be considered a legal conforming use if it is classified as a permitted use by this Chapter. 2. A Special Use approved prior to the effective date of this Chapter shall be considered' a legal nonconforming use if it is not classified as a permiffed or Conditional Use by this Chapter. Such use shall be subject to the applicable nonconforming provisions of Section 14.'401 this Chapter. 3. If the approval of a Special Use was subject to any governing conditions, those conditions shall continue in full force and effect unless a new Conditional Use is obtained. C, Uses Rendered Nonconforming: When a building, structure or lot or parcel is used for a purpose which was a lawful use before the effective date of this Chapter, but such use is no longer classified as a permitted use or Conditional Use in the zoning district in which it is located, such use is hereby considered a nonconforming use and shall be regulated by the provisions of .Section 14.401 of this Chapter. D, Buildings, Structures and Lots Rendered Non-conforming: When any building er struCtar~e 'Whi~'~xisted o.n the effective date of this Chapter does not meet all Standards set forth in this Chapter, such building or structure is hereby considered nonconforming and shall be regulated by the provisions of Section 14.401 of this Chapter. E. Previously Issued Building Permits: When a building permit for a building or structure has been lawfully issued pdor to the effective date of this Chapter, and if such building or structure and proposed use of the building do not meet the requirements of this Chapter, such building or structure may be completed in accordance with the plans on the basis of which the building permit was issued. However, such construction must begin within six months, of the date of the permit issuance, and pursued diligently to completion. Upon completion, such building or structure may be issued a certificate of occupancy for the use originally intended, subject to the applicable nonconforming provisions of this Chapter. Sec. 14.304. Bulk Regulations: Bulk regulations shall be set forth in each zoning distdct for all buildings, structures, and uses of land. In addition the following general standards shall supplement the specific requirements of each zoning district. A. Minimum Lot SizelDivision of Zoning lots: Every lot created after the effective date of this Chapter shall meet the minimum lot area and minimum lot width requirements of the zoning district within which it is located. In any zoning district, a building, structure or use of land may be established on any lot which is a lot of record or zoning lot on the effective date of this Chapter, provided that all other bulk regulations of the zoning district are met. B. Yard Requirements: All yard requirements shall be set forth under each zoning district ~for all buildings, structures and uses of land. 'All required yards shall be located on the same lot as the building, structure or use of land for which such yard is required. The right-of-way for any public roadway, public alley which exists by dedication shall not be included as part of a required yard. C.. Number of Buiklings on a Residential Zoning Lot: Not more than one principal building shall be located on any zoning lot in a residential zoning district, except in the case of a planned unit development in the multi-family residential districts, where more than one principal building on a zoning lot shall be allowed as part of a Planned Unit Development. D. Regulations for Fences and Walls: 1. Height and Location: a. Fence height shall be measured from two inches (2") above finished grade to provide a separation for adequate drainage and maintenance. b. Fences not more than five feet (5') in height wilt be permitted as follows, and as shown on the Exhibit at lhe end of this Article: i. Along the interior lot lines, behind the front line of the principal building. ii. On comer lots, any fence shall be placed entirely behind the principal building and maintain a three foot (3') setback from property line along extedor side yard. iii. All fences shall be entirely on pdvate property. Fences may not encroach on adjoining lots or public Rights-of-Way. iv. No more than one fence shall be allowed along a lot line on a zoning lot. b. Fences and gates at least four feet six inches (4'6"), but not greater than five feet (5') in height to completely surround swimming pools other than swimming pools having a raised deck at least four feet six inches (4'6") above grade and may be placed as follows: i. Along the perimeter of the pool walk areas; or ii. Along the perimeter of the lot as described in Subsection a. above. c. In industrial and commercial districts fences not more than eight feet (8') in height will be permitted when used for the purpose of screening accessory building material, equipment or vehicle storage yard uses. d. The construction of fences in utility easements are subject to the conditions of the easement. It is recommended that fences should not be located in utility easements. *However, when it is necessary to locate a fence in a utility easement, the property owner will be responsible for any repairs to the fence should the Village or utility companies need to access or repair utilities located within that easement. e. Fence location and construction shall not restrict flow through any drainage swale. Fences located across drainage swales Shall be a minimum of6 · above ..... g~. f. Fences shall not be permitted in floodway areas as designated on FEMA's Flood Boundary and Floodway Map. 2. Cons~ction: a. Fences shall be constructed so that the side facing an abutting lot is smooth finished. Fence support posts may only be exposed when placed along exterior lot lines abutting arterial streets. b. It shall be unlawful to construct or maintain anywhere within the Village a fence equipped or having barbed wire, spikes or any similar device, or any electric Charge sufficient to cause shock, except barbed wire used for maximum secudty approved by the Board of Trustees. Chain link fence shall be erected so that the barbs are on the bottom. c. Fences surrounding swimming pools must meet the provisions of Section 21.908. Fences, for Private Swimming Pools, as stated in the Building Code. d. Fences used for the purpose of screening in commercial and industrial districts shall be of wood basket weave, alternate board, or board-on- board construction. e. Fences used for secudty purposes may be constructed of Chain link material except where adjacent to property zoned for residential use, ~n whiCh case, the fence must be of solid wood construction. f. In districts other than Single-Family Residence Zoning Districts, the Village may require that fence areas be landscaped with Iow height plantings or other matedal to be approved by the Department of. Planning. g. Grades at property lines shall not be altered due to fence construction unless a grading plan is submitted to and approved by the Director of Inspection Services. 14.305. Regulations for Radio, Satelli~ and Television Antennas, Towers and Dishes A. General Provisions 1. (;ompliance with requirements of this Section Antenna towers and dishes which do not comply with the requirements of this subsection may be authorized only in accordance with the procedures for Conditional Uses. All antenna towers and dishes shall be constructed to meet or exceed .the minimum wind velocity and construction standards specified in the Mount Prospect Building Code, Ground-Mounted Antenna Towers or Dishes 1. Number Permitted There shall not be more than one (1) ground-mounted antenna tower or dish located on a zoning lot. 2. Location Ground-mounted antenna towers and dishes shall not be located in any required yard except for rear yards and shall conform with setback require- ments specified for accessory buildings and structures. 3. Hei.qht Restrictions The height of all antenna towers or dishes shall include any accompar3ying base or support structures and shall be measured from finished grade to the highest point of the antenna. a. Residential Zoning i. Antenna Towers Federally licensed amateur radio transmitting towers shall not exceed a maximum height of seventy (70) feet. ii. Dish Antennas Ground-mounted dish antennas shall not exceed fifteen (15) feet in height. b. Non-Residential Zoning District i. Antenna Towem Ground-mounted antenna towers shall not exceed seventy (70) feet in height, unless authorized by a Conditional Use Permit. ii. Dish Antennas Ground-mounted dish antennas shall not exceed the ~eight of the building on which they are located. 4. Diameter a. * Residential Zoning Districts i. Ground mounted dish antennas shall not exceed ten (10) feet in diameter. b. Non-Residential Zoning D~ i. Ground-mounted dish antennas in non-residential zoning districts shall not exceed fifteen (15) feet in diameter. 5. Screenin.q All ground-mounted dish antennas must be screened with landscaping or fencing as determined appropriate by the Director of Planning. C, Roof-Mounted Antenna Towers and Dishes 1. Number Permitted a. ReSidential Zoning District There shall not be more than one (1) roof-mounted antenna tower or dish located on a zoning lot. b. Non-Residential Zoning Distflct There shall not be more than one (1) roof-mounted antenna tower or dish for each separate establishment located within a zoning lot. 2. Location Subject to structural approval, roof-mounted antenna towers and dishes shall be located on the principal building to which they are an accessory. 3. Hei.qht Restrictions a. Residential Zoning Dist~--ts i. Antenna Towers Roof-mounted antenna towers shall not project more than ten (10) feet above the maximum height of the residential building upon which they are located. Antenna towers located on the roof of educational, religious, or municipal buildings shall not project more than fifteen (15) feet above the maximum height of the pdmary or accessory building upon which they are located. ii. Dish Antennas Roof-mounted dish antennas shall not project higher' than the maximum height allowed for the building .upon which they are located. b. Non-Residential Zoning D;,~;cts i. Antenna TOwers Roof-mounted antenna towers shall not project more than fifteen (15) feet above the maximum height Of the Pdmary or accessory building upon which they are located. ii. Dish Antennas Roof-mounted dish antennas shall not p[oject higher than the maximum height allowed for the building upon which they are located. 4. Diameter a. Residential Zoning Districts · Roof-mountecl dish antennas located on residential buildings shall not exceed three (31 feet in diameter. Roof-mounted dish antennas located on educational, religious, or municipal buildings shall not exceed ten (10) feet in diameter. b. Non-Residential Zoning Districts Roof-mounted dish antennas shall not exceed fifteen (15) feet in diameter. 5. ~craeninq All roof-mounted dish antennas larger than three (3) feet in diameter must be fully screened from view from adjacent roadways and properties (between grade level and ten (10) feet above grade level) with materials which are compatible with. the building to which they are accessory. t4.306. Accessory Structures A: General Requirements The following restrictions on accessory buildings, structures and uses apply to all zoning districts. 1. Time of (~',onstruction NO accessory building or structure shall be constructed on any lot prior to the time of construction of a principal building 2. Yard Requirements No accessory building, structure or use shall be located in a required front yard, required side yard or exterior side yard, unless otherwise provided for in this Chapter. 3. Heiqht Requirements No detached garage shall exceed a maximum height of twelve i12) feet. No other accessory building/structure shall exceed ten (10) feet in height. 4. Separation Between'Bu~d~nq~ A detached accessory building or structure shall be located no closer to the principal building than ten (10) feet, except wnera a detached garage is constructed with fire-rated drywall to meet the requirements of Mount Prospect Building Code. However, the minimum separation permitted is three (3) feet. B. Restflctions in Residential Districts 1. Maximum Size Permitted accessory buildings used as detached private garages shall be no larger than six hundred (600) square feet, and designed to house no more than two (2) motor vehicles. No accessory building used as a storage shed shall be larger than one hundred twenty (120) square feet. 2. Required Setbacks On lots 55 feet in width or less, detached accessory structures shall be set back three (3) feet from any intedor side or rear lot line. On lots greater in width than 55 feet, detached accessory structures shall be set back five (5) feet from any intedor side or rear Idt line. No accessory structure shall be placed on any dedicated easement. C. Re~,;cl]ons in Business and Indu~,;al DisMcls 1. Maximum Area Detached accessory building(s) or structura(s) shall occupy no more than thirty percent (30%) of the area of a required yard. 2. Yard Requirements Accessory .structures shall be set back six (6) feet from-any side or rear lot line. No accessory structure shall be placed on a dedicated easement. D. Regulations for Spec#lc Accessory Structures and Uses 1. Garbaqe Dumpsters and Recyclinq Containers Designated garbage dumpsters and recycling container locations shall maintain the same setbacks as parking tots. Such locations shall be screened on all sides by a solid wood fence or equivalent screening matedal to a height not less than six (6) feet. 2. Accessory (~,ommerclal Uses'Within Multi-Family Residences Accessory commercial uses including restaurants, drugstores, retail food shops, valet serwces, beauty, and barber shops, and physical fitness.or health facilities shall .be permitted within multi-family buildings provided that the accessory uses must be accessible to the public only through the lobby of the building; and no advertising or display related to the accessory use shall be visible from outside the building. 3. Accessory Uses Within .Office Buildinqs Accessory uses located within office buildings including cafeterias, restau- rents, gift shops, flower shops, snack bars, drug stores, barber shops, beauty parlors, banks, day care centers, and office supply stores (excluding sales of office machinery and fumiturel shall be permitted provided that said accessory uses are conducted for the convenience of the employees, patients, patrons, or visitors. Said accessory uses shall be designed and located totally within the COnfines of the principal building and the primary access to any accessory retail use shall be from within the principal building. 4. Parkinq Lots and Access Drives Parking lots and access drives shall not be subject to the restrictions of this subsection, but shall be subject to landscape requirements. 5. Si.qns Signs shall not be subject to the restrictions of this subsection but shall be subject to the Sign Ordinance of the Village of Mount Prospect. 6. Swimminq Pools The regulations of this subsection shall not apply to any pool having at every point a depth less than twenty-five (25) inches. No out-of-doors swimming pool for the use of members and their guests of non-profit club or organization, or limited to house residents of a multiple dwelling unit, a block, a subdivision, neighborhoo(t, or other community shall be permitted in R-l, R-A, or R-X Districts. a. Location. Swimming pools shall be located entirely behind the rear line of the building of the principal structure on the lot in the R-l, R-A, R-2, and R-X Districts. Swimming pools shall not be permitted in any required yard. front or extedor side yards. · b. Area. The surface area of the swimming pool shall be included in total lot coverege. c. Construction. All swimming pools shall be constructed according to the requirements of Article IX of the Building Code. E. Perm#ted Obsln~ctions in Required Yards These structures shall be allowed to encroach into the required yards, as follows: 1.' Open steps and terraces 2. Eaves, chimneys and bay windows extending into such yards not more than twenty-four (24) nches; hSW~,6~: ~' fi~ ~se sha any such obstruction be · located within twelve inches (12") of a property line. 3. Patios, balconies, wood decks and handicapped ramps may encroach in the required rear yard; provided a minimum setback of fifteen (15) feet is maintained between the rear property line and the near edge of the structure, and that no structure is located over or upon an easement. Handicapped ramps may encroach into 50% of a required sideyard. 4. Service walks up to five (5) feet in width may encroach in the required front yard; service walks up to three (3) feet in width may encroach in the required side and rear yards. 5. Driveways may encroach in the required front, side, and rear yards. 6. Central air conditioning units shall be located on the rear elevation of any principal structure. If the unit cannot be reasonably placed, on the rear elevation because of operational reasons, such unit may be placed ih up to twenty-five percent (25%) of a required si.deyard, provided such location does not result in exhaust discharge upon any adjoining building or vegetation. 7. Stationary basketball standards may encroach into the required front, side, and rear yards. SEc. 14,307. Standards for Home Occupatfons: Home occupations, as defined in Section 14.2401 of this Chapter 14, shall be governed by the following standards to ensure that they are conducted in a manner that does* not have any adverse impact on a residential area, or infringe on the dghts of adjoining property owners. A. There shall be no sign displayed in.conjunction with a home occupation. The purpose of this standard is to assure that no commercial signs are displayed in residential areas. B. There shall be no separate entrance for use by a home occupation, or any exterior alteration to a dwelling unit that will indicate from the exterior that any part of the residence is being used for any purpose other than that of a dwelling. The entrance to any space devoted to a home occupation shall be from within the dwelling. The purpose of this standard is to prohibit any alterations to a dwelling solely to accommodate a home occupation. C~ Storage or inventory maintained at a residence in conjunction with a home occupation shall not exceed 100 cubic feet. The purpose of this standard is to limit any storage to an amount that could readily be stored in a closet. D. There shall be no noise, odor, dust, vibration, smoke glare, television or radio interference, electrical interference, fire hazard or any other haZard emanating from the dwelling. No home occupation shall involve'the use or production of noxious, toxic or harmful materials. The purpose of this standard is to ensure that a home occupation has no adverse environmental impact on adjoining properties. E. No person shall be employed other than a member of the immediate family residing in the dwelling unit, and no employees other than persons residing on the premises shall report to work at or near the premises. The purpose of this standard is to ensure that no non-resident comes to a dwelling for employment purposes, and to minimize the traffic generated by a home occupation. F. No home occupation shall generate customer, client or group visits of a greater frequency than what woul¢ be expected in a residential area where no home occupation exists. Any need for parking generated by a home occupation shall be provided on-site and shall not exceed the required parking for a dwelling unit. The purpose of this standard is to limit the frequency of customer or client visits ' to an amount that is not disruptive to a neighborhood and eliminate congestion on public streets. G. The home occupation shall not utilize more than 25% of the gross floor area of the dwelling unit. The purpose of this standard is to assure that the home occupation remaIns incidental to the residential use of the structure. H. No outside storage of any kind related to a home occupation shall be permitted. · I. Any contracting, service business truck, or other vehicle used pdmadly in connection with a ~ome occupation shall be permitted up to a licensed weight of eight thousand (8,000) pounds, but shall be parked in a garage. No garage shall exceed the accessory building standards of Section 14.306 this Chapter 14. Trucks with a licensed weight of more than eight thousand one (8,001) pounds are subject to a Conditional Use as specified in each residential zoning classification. J. No contracting or service equipment or materials shall be stored on the premise, except in a permitted truck used for transporting equipment or materials between jobs. No loading or unloading of equipment or materials shall be done on the premises. No trailer used for commercial contracting or service uses shall be permiffed for equipment storage in a residential area, and shall not be parked on the premises. K. Private instruction as a home occupation is permitted but is limited to no more · than three pupils at a time. 14.308. Group and Family Community Residences General Provisions ~".'~'~'~¢,':~;~'~"'~;"~;' ~'~¢'" The Village of Moun't ProSpect, pursuant to the Federal Fair Housing Act provides for the establishment of group and family community residences in all residential zoning districts in accoreance with specified standards. In addition, all such establishments shall conform to all other regulations of the specific zoning distdct in which they are located. Sec. 14.309. Standards for the R-X, R.1, R-A, and R-2 Zoning Disl~icta A. Permitted Uses 1. Family Community Residence with no more than five (5) unrelated persons ~th disabilities, and support staff. Operator must be licensed or certified by appropriate agency. 2. Family Community Residence with no more than eight (8) unrelated persons with disabilities, and support staff. Such residence shall be located no.closar than one thousand (1,000) feet from another family community residence. Operator must be licensed or certified by appropriate agency. B. Cond#fonal Uses 1. Family Community Residence with no more than eight (8) unrelated persons with disabilities, where operator is not licensed or certified by an appropriate agency, and where residence is not located one thousand (1,000) feet from another family community residence. 2. Group Community Residence with nine (9) to fifteen (15) unrelated persons with disabilities. Such residence shall be located no closer than one thousand (1,000) feet from another group community residence. Sec. 14.310, Standards for the R,3 and R-4 Zoning Districts A. Permitted Uses 1. Family Community Residence with no more than eight (8) unrelated persons with disabilities, and support staff. 2. Group Community Residence with nine (9) to fifteen (15) unrelated persons with disability, where the operator is licensed or certified by appropriate agency. Such residence shall be located no closer than one thousand (1,000) feet from another group community' residence. B. Conditional Uses 1. Group Community Residence, where the operator is licensed or certified by appropriate agency, and where residence is not located one thousand (1,000) feet from.another group community re. sidence. C. Tempora~j Uses Temporary buildings or structures may be allowed subject to the following regulations: 1. Temporary trailers or facilities for approved construction projects are permitted for a pedod of one (1) year. Such facilities shall be located to conform with the applicable setback requirements of the Zoning Ordinance. The facility shall be removed upon completion of the construction project. 2. Special.promotions such as tent sales or outdoor meetings are permitted for a period of one (1) week. No more than three (3) such promotions shall be allowed in a calendar year. Any tent, bleachers or other installations used in conjunction with the promotion shall meet the applicable setback of the Zoning Ordinance. Any signage or displays used with a special promotion shall meet the provisions of the Mount Prospect Sign Ordinance. Sec. 14.311. Outdoor Sales and Storage A. The outside sale and service of seasonal merchandise at retail shall be permitted only under the following terms, conditions, restrictions and regulations in the commercial districts of this Chapter. 1. Outdoor sales and storage shall only be allowed as an accessory use 'to the principal use of the property. However, outdoor Christmas tree sales shall be permitted with wdtten approval of the property owner. 2. Outdoor sales and storage items at retail shall be restricted to sales'of seasonal merchandise during the time of the year when such items are normally used. 3. When merchandise is stored or displayed on pedestrian walkways, a minimum width of five (5) feet must be maintained free and clear of any storage, display or sales. 4. All outdoor sales and storage shall be restricted to private property, and no sales and storage shall be permitted on publicly-owned property, except sidewalk sales in the Central Business District. 5. Outdoor sales and storage Of merchandise in parking areas shall be approved by the Director of Planning. 6. All merchandise shall be kept in a neat, safe, sanitary and ordedy fashion, free from garbage, rubb sh and ~ther debris. 7. There shall be no temporary or permanent storage of inventory in trailers. ARTICLE IV NON-CONFORMING BUILDINGS, STRUCTURES AND USES SECTION: 14.401. Purpose 14.402. Non. Conforming Buildings and Structures 14.403. Non-Conforming Uses Sec. 14.401. Purpose The purpose of this Article is to provide for the regulations of non-conforming buildings, structures and uses, and to specify those circumstances and conditions under which those non-conforming buildings, structures and uses shall be permitted to continue. Sec. 14.402. Non-Conforming Buildings and Structures Buildings and structures which do 'not conform to the bulk regulations of any zoning district or any other provision of this Chapter shall be subject to the following regulations: A. Ab#lb/to Continue Non. Conforming Building or Structure Any lawfully established non-conforming building or structure which is devoted to a permitted use in a zoning district may continue to be used for any permitted use. B. Enlargement, Repair, Alterations, and Replacement Any non-conforming building or structure may. be enlarged, maintained, repaired or altered, provided that no such enlargement, maintenance, repair or alteration shall either create an additional non-conformity or increase the extent of the existing non-conformity. However, on lots 50 feet or less in width, a non- conforming building or structure may be extended in a required rear yard or side yard, provided that such non-conformity is no more than 50% of the current rear yard or sideyard requirement. In residential zoning districts, existing non-conforming driveways, patios and sidewalks may be replaced in the same location without complying with the bulk regulations of this Chapter. However, any such replacement structure must meet applicable lot coverage requirements. C. Damage or In the event that any non.cori~5#fl~n~ building or structure is damaged or destroyed to the extent of more than fifty percent (50%) of the replacement value of such building or structure, such building or structure shall not be rebuilt or restored unless it.conforms to all regulations of the zoning district in which it is located. When such building or structure is damaged by any means to less than fifty percent (50%) of replacement value, such building or structure may be reconstructed or repaired, provided that such repair or restoration begin and is pursued to corn pletion within one year of the date of such damage. Any such repair or restoration shall be done in compliance with current building codes. SEc. 14.403. Non-Conforming Uses A use in a building, structure, or on vacant land, which is not a permitted use in the zoning district in which the'use is located, shall be considered a non-conforming use and subject to the provisions below: A. Ability to Continue Non-Conforming Use Any existing non-conforming use of part or all of a building, structure or non- conforming use of land, may be continued as long as it meets the requirements of this Section. B. Repair end Maintenance Normal maintenance and incidental repair or replacement, and installation or relocation .of non-bearing walls, non-bearing partitions, fixtures, widng or plumbing, may be performed on any building or structure that is devoted in whole or in part to a non-conforming use. Any such repair or maintenance shall be done in compliance with current building codes. C. Expansion A non-conforming use shall not be extended, expanded, enlarged or increased in intensity in any building or structure. D. Relocation No building or structure that is occupied in whole or in part by a non-conforming use shall be relocated to any other location unless the entire building or structure and the use thereof shall conform to all regulations in the zoning district. E. Change In use A non-conforming use of land or of a building or structure shall not be changed to any other use than a use permitted in the zoni.ng district. When such non- conforming use has been changed to a permitted use, the building or structure shall only be used thereafter for a use permitted in the zoning district. F. Discontinuance When a non-conforming use of part or all of a building or structure, or non- conforming use of land, is discontinued or abandoned for a pedod of 180 consecutive days, such use shall not be re-established or resumed. Any subsequent use of such building, structure or land shall comply with all regulations of the zoning district. G. Damage or Destruction In the event that any building or structure which is occupied in whole or in part by a non-conforming use is damaged or destroyed to the extent of more than fifty percent (50%) of replacement value of the bUilding or structure, such building or structure shall not be restored unless such building or structure and the use thereof conform to all the regulations of the zoning district. When such damage or destruction is fifty percent (50%) or less. of replacement value of the building or structure immediately prior to such damage, the building or structure may be .repaired or reconstructed and used for the same non-conforming purpose, provided such repair or damage completed within 12 months of the date of the damage or destruction. Any such repair shall be done in compliance with current building codes. ARTICLE V PLANNED UNIT DEVELOPMENT SECTION: .14.501. Purpose 14.$02. Use of Planned U nit Development 14.503. Procedures for Planned Unit Developments 14.504. Standards for Planned Unit Developments Sec. 14.50t. Purpose The purpose of a Planned Unit Development is to provide a tool to accommodate development which is in the public interest, and can provide a public benefit, and which would not otherwise be permitted by the Zoning 'Ordinance. A Planned Unit Development may be for residential, commercial, office or industrial use. A mixed use development is also permittec] subject to the appropriate regulations of this Section.. A Planned Unit Development is of a substantially different character than other uses in this Chapter and is, therefore, considered a Conditional Use. The regulations applicable to Planned Unit Development in this Section provide for a greater degree of flexibility than the strict regulation of individual zoning districts. A. Specifically, Planned Unit Development's are intended to provide for: 1. A maximum choice in the types of development available by allowing developments that would not be possible under the strict application of the regulations of other Sections of this Chapter. 2. Permanent preservation of common open space, recreation areas and public facilities. 3. Creative development designed to preserve topographic and geographic features. 4. An approach to the use of land that results in better development, design and amenities. 5. A use of land. resulting in more efficient provision of utilities, streets, and other public facilities. Sec. 14.502. Use of Planned Unit Development A Planned Unit Development is a Conditional Use which my be granted by the Village Board after a determination that the Planned Unit Development is in the best interest of the Village and complies with the standards of this Section. The Zoning Board of Appeals may recommend and the Village Board may require any reasonable condition or design consideration which will promote proper develop- ment, Sec. 14.503. Procedures for Planned Unit Developments Specific procedure and submission requirements for Planned Unit Development's shall De included in the application available in the Planning .Department. The following shall serve as an outline for submittal requirements with all formal requirements listed in the Planned Unit Development application. 'A. Pm-Application Conference: Prior to filing a formal application' for approval of a Planned Unit Development, the applicant shall request a pre-application conference with the Director of Planning and other Village staff as deemed appropriate by the Director of Planning. The purpose of the pre-application conference shall be to: 1. Allow the applicant to present to the Village staff a general concePt of proposed development and begin a discussion regarding the various characteristics of the development concept. 2. Allow the Director of Planning to inform the applicant of applicable policies, standards and procedures for the Planned Unit Development. 3. Submittal requirements for the pre-application conference shall be as follows: a. A wdtten "Letter of Intent" from the petitioner describing his concept for developing the site b. A topographic survey and location map c. Conceptual plans deScribing proposed land use, dwelling type and density, street and lot arrangement, building floor area, and tentative lot sizes d. Other material the applicant may feel appropriate for purposes of the pre- application meeting B. Prel~inary Plan The prelimina~ plan for the Planned Unit Development shall be filed with the Director of Planning, and appropriately scheduled for review by the Zoning Board of Appeals. The procedure ~;0r '~p~:0,~al of th:e preliminary plan shall be: 1. The Zoning Board of Appeals shall convene a public headng as provided for in Section 14.203.G. 2. Following the public hearing and review of the preliminary Planned Unit Development and supporting data, the Zoning Board of Appeals shall send its findings and recommendations to the Village Board which shall, within 60 days, approve, approve with modifications, or disapprove the plan or return it to the Zoning Board of Appeals for further consideration. 3. Approval of a preliminary Planned Unit Development plan shall not constitute a. pproval of the final plan, rather it shall be deemed an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan or plans. 4. Upon approval of the preliminary plan by the Village Board, an ordinance shall be prepared, including findings of fact, recommendations of the Village departments and offices, exceptions or bonuses granted, conditions applied, and modification ordered. The ordinance shall be filed in the office of the Village Clerk. 5. Submittal requirements for the preliminary plan shall be as follows: a. Detailed plan. A drawing of the Planned Unit Development shall be prepared at a scale of not less than 1" = 200', and at a size appropriate for reduction for recording purposes, and shall show such designations as proposed streets (public and private), all buildings and their use, common .open space, recreation facilities, parking areas, service areas, ' and other facilities to indicate the character of the proposed develop- ment. The submission may be composed of one or more sheets and drawings and shall include: i. Existino Conditions Information Boundary lines - bearings.and distances. Easements - location, width, and purpose (inciuding fire lanes). Streets on, and adjacent to, the tract: street name, right-of-way width, existing or proposed cantedine elevations, pavement type, walks, cud~s, gutters, culverts, etc. Location and size of existing sewers, watermains, culverts or other under-ground facilities within the tract and t0'a distance of one hundred (100) feet'beyond the tract, and also indicating such data as grades, invert elevations, and location of catch basins, manholes, and hydrants. Topography data including existing contours at vertical intervals of not more than two (2) feet (topographic data refers to the Village datum); water courses, floodplains, marshes, rock outcrops, trees of twelve (12) inch diameter or more, 'other significant features, and soil bearing data at locations and depths as may be required by the Department of Public Works and Engineering. Zoning on, and adjacent to, the tract. Planned Unit Development Desian Features: Layout of streets and pedestrian ways showing right-of-way and pavement widths, street names (not duPlicating the name of any street used in the Village, unless the street is an extension of an already named street, in which event that name shall be used) and showing proposed through streets extended to boundaries of the development. Topographic data including proposed contours and areas to be provided for any stormwatar detention requirements. Layout, numbers, and typical dimensions of lots for subdivisions (building locations for Planned Unit Developments) to the nearest foot; and the proposed land usa for each lot, parcel or tract. Proposed building setback lines, indicating dimensions. Areas other than street right-of-way intended to be dedicated or reserved for pubic use and the approximate area in acres of each such area. Proposed water main, sanitary, and storm sewer layout. Architectural plans, preliminary sketches and renderings for all principal buildings shall be submiffed in sufficient detail to permit an understanding of the style of the development. A development schedule indicating date and phases in which the project will be built with emphasis on area, density, use, and pubic facilities such as open space, shall be submitted on forms provided by the Village. Landscape plan, the contents of which shall conform to the provisions of this Chaptei'.. ~ '"'"' ~ "~Y -" -" Site lighting plan. Impact assessments as may be required by the Department of Planning in order to adequately evaluate the effect of the proposed development on the environment, the existing community facilities, and the existing and proposed land uses surrounding the develop- merit. An identification and explanation of those aspects of the Planned Unit Development that vary from the requirements of the otherwise applicable zoning district, as well as variations from the Development Code. C. Final Plan The final plan shall be prepared suitable for recording with the County Recorder of Deeds. The final plan shall be in compliance with the Preliminary Plan, and submitted no more than one (1) year after approval of the Preliminary Plan. The preliminary and final plans may be submitted simultaneously if all requirements of this Section are met. Procedures for review of the final plan shall be as follows: 1. The Zoning Board of Appeals shall convene a public hearing as provided for in Section 14.203.G. 2. Following the public headng and review of the final Planned Unit Develop- merit and supporting data, the Zoning Board of Appeals shall send its findings and recommendations to the Village Board which shall, within sixty (60) days, approve, approve with modifications, or disapprove the plan or return it to the Zoning Board of Appeals for further consideration. 3. Upon approval of the final plan by the Village Board, an ordinance shall be prepared, including findings of fact, recommendations of the Village departments and offices, exceptions or bonuses granted, conditions applied, and modifications ordered. The ordinance, shall be filed with the office of the Village Clerk, and recorded with the Recorder of Deeds of Cook County. 4. Submittal requirements for the final plat shall be as follows: a. An accurate legal description of the entire area under immediate development within the Planned Unit Development. b. If subdivided lands are included in the Planned Unit Development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of the Development Code. c. An accurate legal description of each separate unsubdivided use areal including common open space. d.: Designation of the exact location of all buildings, to be constructed, and a designation of the :specific internal Uses to which each building shall be put. e. Certificates, seals, and signatures required for the dedication of land and recording of the document. f.. Tabulations on each separate unsubdivided use area, including land · area, number of buildings, number of dwelling units per acre. 5. Common open space documents - All common open space, at the election of the Village, shall be: .. a.. Conveyed to a municipal or' public corPoration, or conveyed to a not-for- profit corporation or entity established for the purpose of benefiting'the owners and residents of the Planned Unit Development or adjoining property owners or any one or more of them; or b. Guaranteed by a restrictive covenant describing the open space and its maintenance and improvement, running with the land for the benefit of residents of the Planned Unit Development or adjoining property owners and/or both. 6. Public facilities - All public facilities and improvements made necessary as a result of the Planned Unit Development shall be either constructed in advance of the approval of the final plan, or, at the election of the Village, escrow deposits, irrevocable letters of credit in a form approved by the Village, or performance bonds shall be delivered to guarantee construction of the required improvements, 7. Covenants - Final agreements, provisions, or covenants shall govern the use, maintenance and continued protection of the Planned Unit Develop- ment. Such instruments of agreement shall include, where applicable, a surety bond favoring the Village, in the amount of the estimated cost of such proposed site improvements as pools, fountains, landscaping, and other features. Sec. 14.$04. · Standards for Planned Unit Developments Except as provided below, no Planned unit Development shall be approved unless the development meets the standards for Conditional Uses, and the standards set forth in this Section. A. General Standards 1. Except as modified by and approved in the final development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent with ~the recommendations of the Comprehensive Plan of the Village for the area contaihing the subject site. 3. That the proposed Planned Unit Development is in the public interest and is consistent with the purposes of this Zoning Ordinance. 4. That the streets have been designed to. avoid: a. Inconvenient or unsafe access to the Planned Unit Development; b. Traffic congestion in the street which adjoin the Planned Unit Develop- ment; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. B. Standards for Planned Unit Developments with Use Exceptions The ordinance approving the Final Development Plan for the Planned Unit Development may provide for uses in the planned development not allowed in the underlying district, provided the following conditions are met: 1. Proposed use exceptions enhance the quality of the Planned Unit Develop- ment and are compatible with the primary uses. 2. Proposed use exceptions are not of a nature, nor are located, so as to create a detrimental influence in the surrounding properties. 3. Proposed use exceptions shall not represent more than forty (40) percent of the total floor area, whichever is less. However, in a residential Planned Unit Development area no more than ten (10) percent of the site area or the total floor area shall be devoted to commercial use; furthermore, no industrial use shall be permitted. C. Standards for Planned Unit Developme;,;~ with Olher Exceptions The Village Board may approve Planned U nit Developments which do not comply with the requirements of the underlying district regulations governing lot area, lot width, bulk regulations, parking and sign regulations, or which require modification of the subdivision design standards when such approval is necessary to achieve the objectives of the proposed Planned Unit Development, but only when the Board finds such exceptions are consistent with the following standards: 1. Any reduction inthe requirements of this Chapter is in the public interest 2.' The prop°Seal exceptions would not adversely impact the value or usa of any other property 3. ;That such exceptions are solely for the purpose of promoting bette~;' development which will be beneficial .to the residents or occupants of the Planned Unit Development as well as those of the surrounding properties 4. That in residential Planned Unit Developments the maximum number of dwelling units allowed shall not exceed by more than forty (40) percent the number of dwelling' units permitted in the B-5 Core District, and ten (10) percent in any other residential'zoning classification. 5. That all buildings are located within the Planned Unit Development in such a way as to dissipate any adverse impact on adjoining buildings and shall not invade the privacy of the occupants of such buildings and shall conform to the following: a. The front, side or rear yard setbacks on the perimeter of the develop- ment shall not be less than that required in the abutting zoning district(s) or the zoning district underlying the subject site, whichever is greater. b. All transitional yards and transitional landscape yards of the underlying zoning distdct are complied with. c. If required transitional yards and transitional landscape yards are not adequate to protect the privacy and enjoyment of property adjacent to the development, the Zoning Board of Appeals shall recommend either or both of the following requirements: i. All structures located on the perimeter of the Planned Unit Develop- ment must set back by a distance sufficient to protect the privacy and amenity of adjacent existing uses; ii. All structures located along the entire perimeter of the Planned Unit Development must be permanently screened with sight-proof screening in a manner which is sufficient to protect the privacy and amenity of adjacent existing uses. d. That the area of open space provided in a Planned Unit Development shall be at least that required in the underlying zoning district. D. Changes in the Planned Unit DeveloPment A Planned Unit Development shall be developed only according to the approved and recorded final plan and all supporting data. The recorded final plan and . supporting data together with all recorded amendments shall be binding on the applicants, their successors, grantees and assigns and shall limit and control the use of premises (including the internal use of buildings and structures) and location of structures in the Planned Unit Development as Set forth therein. 1. Maior Chanqes. Changes which alter the concept or intent of the Planned Unit Development including increases in the density, change in location and types of non-residential land uses, increases in the height of buildings, reductions of proposed open space, changes in proportion of housing types, changes in road standards or changes in the final governing agreements, provisions, or covenants, may be approved only by submission· of a new preliminary plan and supporting data, and following the "preliminary approval" steps and subsequent amendment of the final Planned Unit Development plan.. 2. Minor Chanqes. The Village Manager, after recommendation from the · Director of Planning, may approve changes in the Planned Unit Development which do not change the concept or intent of the development, without going through the "preliminary approval" steps. Minor changes are defined as any change not defined as a major change. Minor changes may include, but are not limited to, items like revisions in landscape plans, building elevations or utility plans. The Village Manager may also choose to schedule the minor change for review by the Village Board. E. 'Schedule of Construction The Village Board shall consider the Planned Unit DevelOpment subject to revocation if construction falls more than one (1) year behind the schedule filed with the final plan, or exceeds five (5) years. The developer shall be notified pdor to any revocation action. It shall be considered notification if notice is sent via registered or certified mail to developer's last known address. Extensions in the building schedule may be granted by the village Board. ARTICLE VI ZONING DISTRICTS SECTION: 14.601. Districts 14.602. Zoning Map 14.603. Zoning of Annexed Land Sec. 14.601. Dist~lcts A. For purposes of this Chapter, the Village of Mount Prospect is hereby divided into the following zoning districts: 1. Residential DisMcts C-R, Conservation Recreation R-X, Single Fatuity Residence R-l, Single Family Residence R-A,.. Single Family Residence R-2, Attached Single Family Residence R-3, Low-Density Residence R-4, Multi-Family Residence R-5, Senior Citizen Residence 2. Office and Businese and IndusMal D;~,J, cts B-1 Business Office B-2 Neighborhood Shopping B-3 Community Shopping B-4 Corridor Commercial B-5 Central Commercial O/R Office/Research I-1, Limited Industrial Sec. t4.602. Zoning Map A. The location and boundaries of districts established by this Chapter, are established on the Zoning Map for the Village of Mount Prospect dated September 21, 1993, which is incorporated as part of this Chapter. B. The following rules shall apply with respect, to the boundaries of the various districts as shown on the Zoning Map: 1. Distdct boundaries shall either be the center lines of highways, streets, alleys, or easements. District boundaries shall also be the section, division of section, tract or lot lines of a parcel. Boundaries indicated as approximate shall be considered to meet the above provisions. 2. The Zoning Ordinance and Map shall be available .at the Village Hall. Sec. 14.603. Zoning of Annexed Land On land annexed to the Village of Mount Prospect, after adoption of this Chapter, no building or structure shall be erected, enlarged or moved, and no change in the use of land or existing buildings shall be made until an ordinance designating the zoning classification of such land is adopted by the Village Board. Unless subject to the terms of a pre-annexation agreement, all properties annexed to the Village shall automatically be classified an R-X Single Family Residence District, until such time an application is filed to amend the zoning classification of such land. ARTICLE VII C.R CONSERVATION RECREATION DISTRICT SECTION: · 14.701. Puqx~se 14.702. Permitted Uses 14.703. Conditional Uses 14.704. Bulk Regulations Sec. t4.701. Purpose : The C-R District is intended to provide for the location of public parks, golf courses, swimming pools or community facilities, and other open-space uses or resources to serve the needs of the citizens of the Village of Mount Prospect. Sec. 14.702. Permitted Uses A. In the' C-R Conservation Recreation District, the only uses which may hereafter be established are: 1. Parks and playgrounds 2. Golf courses, tennis courts, swimming pools, and similar recreational activities 3. Nature preservation areas 4. Accessory uses and buildings, incidental to and on the same zoning lot as : the permitted use, which are constructed and operated in conformance with Section 14.306 of this Chapter. Sec. 14.703. Conditional Uses A. The following uses may be allowed by Condition Use issued in accordance with the provisions of Article 14.203.F of this Zoning Ordinance. 1. Cultural facilities, including: libraries, museums, and similar institutions 2. Educational facilities 3. Municipal facilities, including detention or retention facilities 4. Recreational complex, conservatory or community center 5. Planned developments.in conformance with Article 14.501 of this Chapter. 6. Accessory uses and buildings, incidental to and on the same zoning lot as the Conditional Use, which are constructed and operated in conformance with Section 14.306 of this Chapter. Sec. 14.704. Bulk Regulations A. Yard Requirements Any 'building or structure hereafter constructed or relocated in the C-R District shall maintain minimum yards as follows: Frodt yard 50 feet Intedor side yard 50 feet Exterior side yard 50 feet Rear yard 50 feet B. Lot Coverage No lot in the C-R District shall be developed with total impervious surfaces exceeding twenty-five percent (25%). C. Height Umitations No buildings or structures shall exceed three (3) stodes or thirty (30) feet in height, whichever is less. ARTICLE VIII R-X SINGLE-FAMILY DISTRICT SECTION: 14.801. Purpose 14.802. Permitted Uses 14.803. Conditional Uses 14.804. Uses Permitted in Umited Circumstances 14.805. Bulk Regulations Sec. 14.801. Purpose The purpose of the R-X Single Family Residence District is to provide areas for Iow density, single family residential development and other compatible uses on large lots. Sec. 14.802. Perm#ted Uses A. In the R-X Single Family Residence District, the only uses which may hereafter -be established are: 1. Single family detached dwellings, including dwellings with an attached three- car garage 2. Accessory uses and structures 3. Family community residence, with no more than five (5) unrelated persons with disabilities and support staff. Operator must be licensed or certified by an appropriate agency. Family community residence with no more than eight (8) unrelated persons with disabilities, and support staff. Such residence shall be located no closer than one thousand (1,000) feet from another family community residence. Operator must be licensed or certified by an appropriate agency. 4. Foster Care Home 5. Home Occupations 6. Limited Day Care 14.803. Conditional LJses A. The following uses n3ay be allowed by Conditional Use issued ~n accordance with the provisions of Article 14.203.F (~f this Zoning Chapter. 1. Day care homes. 2. Family community residence, where operator is not licensed or certified by an appropriate agency, and where residence of no more than eight (8) unrelated persons with disabilities is not located one thousand (1,000) feet from another family community residence. 3. Group community residence. Such residence shall be located no closer than one thousand (1,000) feet from another family community residence. 4. Rehabilitation home. 5. Colleges and universities 6. Cultural institutions, libraries and museums 7. Residential Planned Unit Developments, subject to the Planned Unit Development Section 14.501. 8. Detached garages designed to house more than two (2) motor vehicles 9. More than one (1) garage 10. Garages for parking of commercial vehicles and/or commercial trailers with a licensed weight of more than eight thousand (8,000) pounds. Such garage for commercial vehicles shall not exceed the Accessory Building Standards of Section 14.306. Sec. 14.804. Uses Permitted in Umited Circumstances ^. The following uses shall be permitted uses: 1. Public schools, elementary and high, private or parochial school without dormitory accommodations and having a curriculum equivalent to a public, elementary or high school. 2. Churches, synagogues, mosques an¢ other houses of worship. 3. Municipal buildings, parks, libraries or museum buildings provided no commercial enterprises ars conducted on the premises. B. Except that a Conditional Use shall be required if the following circumstances apply: 1. A residential dwelling unit is being converted for one of the uses set forth in 1 2, or 3 above as the principal use of the structure; or 2. A new building or structure is to be constructed on property not then in usa pursuant to paragraphs 1, 2 or 3 above on a lot of less than forty thousand (40,000) square feet. Sec. 14.805. Bulk Regulations A. Lot Size and Area Requirements The minimum lot area for any permitted or Conditional Use in the R-X District shall.be seventeen thousand five hundred (17,500) square feet with a minimum width of eighty-five (85) feet. B. Yard Requirements Any building or structure hereafter constructed or relocated in the R-X 'District shall maintain minimum yards as follows: 1. All permitted and Conditional Uses for Residential: Front yard 40 feet Intedor side yard 10% of lot width or 10 f. whichever is lesser Extedor side yard 25 feet Rear yard 30 feet 2. All permitted and Conditional Uses for Non-Residential: Front yard 40 f. Intedor side yard 10 f. minimum, but not less than 1/2 the height of the principal building Exterior side yard 25 ff. Rear yard Shall be equal to the height of the principal build- ing or structure but not less than 30 feet. C. Lot Coverage No lot in the R-X District shall be developed with total impervious surfaces exceeding: 1. All permitted and Conditional uses for Residential 35% 2. All permitted and Conditional Uses for Non-Residential 75% D. Height Umltatlons The following height limitations apply to principal buildings constructed in the R-X District: 1. Residential Buildings. The maximum heightofa residential building shall not exceed thirty-five (35) feet or three (3) stodes, whichever is less. 2. The following shall be exctuded from the heigt~t limitations contained in this subsection: a. Chimneys 15. Flagpoles c. Steeples d. Radio and television antennas attached to the principal structure . ARTICLE IX R-1 SINGLE-FAMILY RESIDENCE DISTRICT SECTION: 14.901. Purpose 14.902. Permitted Uses 14.903. Conditional Uses 14.904. Uses Permitted In Umlted Circumstances 14.905. Bulk Regulations Sec. 14.901. Purpose The purpose of.the R-1 Single-Family Residence Distdct is to provide areas for Iow density, single family residential and other compatible uses on standard sized lots. Sec. 14.902. Permitted Uses A. In the R-1 Single-Family Residence District, the only uses which may hereafter be established are: 1. Single family detached dwellings, including dwellings with an attached three- car garage 2. Accessory uses and structures 3. Family community residence, with no more than five (5) unrelated persons with disabilities and support staff. Operator must be licensed or certified by an appropriate agency. Family community residence with no more than eight (8) unrelated persons with disabilities, and support staff. Such residence shall be located no closer than one thousand (1,000) feet from another family community residence. Operator must be licensed or certified by' an appropriate agency. 4. Foster Care Home 5. Home Occupations 6. Limited Day Care t4.903. Conditional Uses 'A. The following uses may De allowed by Conditional Use issued in accordance with the provisions of Article 14.203.F of this Zoning Chapter. 1. Day care homes. 2. Family community residence, where operator is not licensed or certified by an appropriate agency, and where residence of no more than eight (8) unrelated persons with disabilities is not located one thousand (1,000) feet from another family community residence. 3. Group community residence, where operator is licensed or certified by an appropriate agency. Such residence shall be located no closer than one thousand (1,000) feet from another family community residence. 4. Rehabilitation home. 5. Colleges and universitie~ 6. Cultural institutions, libraries and museums 7. Residential Planned Unit Developments, subject to Planned Unit Develop- ment Section 14.501 8. Detached garages designed to house more than two (2) motor vehicles 9. More than one (1) garage 10. Garages for parking of commercial vehicles and/or commercial trailers with a licensed weight of more than eight thousand (8,000) pounds. Such garage for commercial vehicles shall not exceed the Accessory Building Standards of Section 14.306. Sec. 14.904. Uses Permitted In Umited Circumstances A. The following uses shall be permitted uses: 1. Public schools, elementary and high, private or parochial school without dormitory accommodations and having a curriculum equivalent to a public, elementary or high school. 2. Churches, synagogues, mosques and other houses of worship. 3. Municipal buildings, libraries or museum buildings provided no commercial enterprises are conducted on the premises. B. Except that a Conditional Use shall be required if the following circumstances apply: 1. A residential dwelling unit is being converted for one of the uses set forth in 1, 2, or 3 above as the principal use of the structure; or 2. A new building or structure is to be constructed on property not then in use pursuant to paragraphs 1, 2 or 3 above on a lot of less than forty thousand (40,000) square feet. Sec. 14.905.' Bulk Regulations A. Lot Size and Area Requirements The minimum area and width for any lot in the R-1 District shall be as follows: Intedor Lot 8,125 square feet 65 foot minimum width Comer Lot 9,375 square feet 75 foot minimum width B. Yard Requirements Any building or structure ~teraaffer constructed or relocated in the R-1 District shall maintain minimum yards as follows: 1. All permitted and Conditional Uses for Residential: Front yard 30 feet Intedor side yard 10% of lot width or 10 ff. whichever is lesser Extedor side yard 20 feet Rear yard 25 feet 2. All permitted and Conditional Uses for Non-Residential: Front yard 30 f. Intedor side yard 10 f. minimum, but not lees than 1/2 the height of the principal building Exterior side yard 20 ff. Rear yard Shall be equal to the height of the principal build- ing or structure but not less than 25 feet. C. Lot Coverage No lot in the R-1 District shall be developed with total impervious surfaces exceeding: 1. All permitted' and Conditional Uses for Residential 45% 2. All permitted and Conditional Uses'for Non-Residential 75% D. Height Urnitations The following height limitations apply to principal buildings constructed in the R-1 District: 1. Residential Buildings. The maximum height of a residential building shall not exceed twenty-eight (28) feet or two (2) stories, whichever is less. 2. The following shall be excluded from the height limitations contained in this subsection: a. Chimneys b. Flagpoles c. Steeples d. Radio and television antennas attached to 'the principal structure ARTICLE X R-A SINGLE FAMILY RESIDENCE DISTRICT SECTION: :14.1001. Purpose 14.1002. Permitted Uses 14.1003. Conditional Uses 14.1004. Uses Permitted In Umited Circumstances 14.1005. Bulk Regula'dons ~ec. 14.1001. Purpose The purpose of the R-A Single-Family Residence District is to accommodate existing single family residential development in older, established section of the Village. These neighborhoods are characterized by smaller lots than required in the R-1 District. Sec. 14.1002. Permitted Uses A. In the R-A Single-Family Residence District, the only uses which may hereafter be established are: 1. Single family detached dwellings 2. Accessory uses and structures 3. Family community residence, with no more than five (5) unrelated persons . with disabilities and support staff. Operator must be licensed or certified by · an appropriate agency. Family community residence with no more than eight (8) Unrelated persons with disabilities, and support staff. Such residence shall be located no closar than one thousand (1,000) feet from another family community residence. Operator must be licensed or certified by an appropriate agency. 4. Foster Care Home 5. Home Occupations .. ** 6. Limited Day Care : ** sec. 14.1003. Conditional Uses A. The following uses may be allowe(~ by Conditional Use issued in accordance with the provisions of Article 14.203.F of this Zoriing Chapter. 1. Day care homes. 2. Family community residence, where operator is not licensed or certified by an appropriate agency, and where rasidenca of no more than eight (8) unrelated persons with disabilities is not located one thousand (1,000) feet from another family community residence. 3. Group community residence where the operator is licensed or certified by an appropriate agency. Such residence shall be located no closer than one t.housand (1,000) feet from another family community residence. 4. Rehabilitation home. 5. Colleges and universities 6. Cultural institutions, libredes, museums 7. Residential Planned Unit Developments, subject to Planned Unit Develop- ment Section 14.501 8. Garages designed to house more than two (2) motor vehicles 9. More than one (1) garage 10. Garages for parking of commercial vehicles and/or commercial trailers with a licensed weight of more than eight thousand (8,00~) pounds. Such garage for commercial vehicles shall not exceed the Accessory Building Standards of Section 14,306. Sec. 14.1004. Uses Permitted in Umited Cimumstances A. The following uses shall be permitted uses: 1. Public schools, elementary and high, pdVata or parochial school without dormitory accommodations and having a curriculum equivalent to a public, elementary or high school. '2. Churches, synagogues, mosques and other houses of worship. 3. Municipal buildings, libraries or museum buildings provided no commercial enterprises are conducted on the premises. B. Except that a Conditional Use shall be required if the following circumstances apply: 1. A residential dwelling unit is being converted for one of the uses set forth in 1, 2, or 3 above as the principal use of the structure; or 2. A new building or structure is to be constructed on property not then in use pursuant to paragraphs 1 2 or 3 above on a lot of less than forty thousand (40,000) square feet. Sec. 14.1005. Bulk Regulations A. Lot Size and Area Requirements The minimum area for any lot in the R-A District shall be six thousand (6,000) square feet with a minimum width of fifty (50) feet. B. Yard Requirements Any building or structure hereafter constructe~t, or relocated in the R-A District shall maintain minimum yards as follows: 1. All permitted and Conditional Uses for Residential: Front yard 30 feet Intedor side yard 5 feet Exterior side yard 20 feet Rear yard 25 feet 2. All other permitted and Conditional Uses for Non-Residential: Front yard 30 f. Interior side yard 10 f. minimum, but not less than 1/2 the height of the principal building Exterior side yard 20 ff. Rear yard Shall be equal to the height of the principal build- ing or structure but not less than 25 feet. C. Lot Coverage No lot in the R-A District shall be developed with total impervious surfaces exceeding: 1. All permitted and Conditional Uses for Residential 50% 2. All permitted and Conditional Uses..for Non-Residential 75% D. Height Umita'dons The following height limitations apply to principal buildings constructed in the R~^ District: 1. Residential Buildings. The maximum height of a residential building shall not exceed twenty-eight (28) feet or two (2) stories, whichever is less, 2. The following shall be excluded from the height limitations contained in this subsection: a. Chimneys b, Flagpoles c. Steeples d. Radio and television antennas attached to the principal structure ARTICLE Xl R-2 ATTACHED SINGLE-FAMILY RESIDENCE DISTRICT SECTION: 14.1101. Purpose 14.1102. Permitted Uses 14.1103. Conditional Uses 14.1104. Uses Permitted in Umited Circumstances t4.t105. Bulk Regulations Sec. 14.1101. Purpose The purpose of the R-2 Attached Single Family Residence Distdct is to provide areas for limited concentrations of duplex, two-family and single family attached dwellings, such as townhomes.. Sec. 14.t102. Permitted Uses A. In the R-2 Attached Single Family Residence District, the only uses which may hereafter be established are: 1. Single family detached dwellings, including dwellings with an attached thrae- car garage 2. Two family dwellings 3. Attached single family homes 4. Accessory uses and structures 5. Family community residence, with no more than five (5) unrelated persons with disabilities and support staff.. Operator must be licensed or certified by an appropriate agency. Family community rasidenca with no more than eight (8) unrelated persons with disabilities, and support staff. Such residence shall be located no closer than one thousand (1,000) feet from another family community residence. Operator must be licensed or certified by an appropriate agency. 6. Limited Day Care 7. Foster Care Home 8. Home Occupations Sec. 14.1103. Conditional Uses A. The following uses may be allowed by Conditional Use issued in accordance with the provisions of Article 14.203.F of this Zoning Chapter. 1. Day care homes. 2. Family community residence, where operator is not licensed or certified by an appropdata agency, and where residence of no more than eight (8) unrelated persons with disabilities is not located one thousand (1,000) feet from another family community residence. 3. Group community residence. Such residence shall be located no 'closer than one thousand (1,000) feet from another family community residence. 4. Rehabilitation home. 5. Day care centers as defined in this Chapter when located in a public school building. 6. Colleges and universities 7. Cultural institutions, libraries and museums 8. ResidentJal Planned Unit Developments, subject to the Planned Unit Development Section 14.501 9. Detached garages designed to house more than two (2) motor vehicles. 10. More than one (1) garage 11. Garages for parking of commercial vehicles and/or commercial trailers with a licensed weight of more than eight thousand (8,000) pounds. Such garage fOr commercial vehicles shall not exceed the Accessory Building Standards of Section 14.306. Sec. 14.1104. Uses Permitted in Umited Clrcuma~nces A. The following uses shall be permitted uses: 1. Public schools, elementary and high, private or parochial school .without dOrmitory accommodations and having a curriculum equivalent to a public, elementary or high school. 2. Churches, synagogues, mosques and other houses of worship. 3. Municipal buildings, libraries or museum buildings provided no commercial enterprises ara conducted on the premises. B. Except that a Conditional Use shall be raquired if the following circumstances apply: 1. A residential dwelling unit is being converted for one of the uses set forth in ~ 1, 2, or 3 above as the principal use of the structura; or 2. A new building or structura is to be constructed on property not then in use pursuant~to paragraphs 1, 2 or 3 above on a lot of less than forty thousand (40,000) squara feet. Sec. 14.1105. Bulk Regulations A. Lot Size and Area Requireme;,L~ The minimum araa for any single family dwelling or two family dwelling lot in the R-2 District shall be eighty-one hundred twenty-five (8,125) square feet with a minimum width of sixty-five (65) feet. Comer lots shall be seventy-five (75) feet wide. The minimum lot area for any attached single family home shall be 4,000 square feet with a minimum lot width of thirty {30) feet. Comer lots shall be forty-five (45) feet wide. The maximum density of the R-2 Attached Single Family Residence District shall be ten (10.0) units per acre. B, Yard Requirements Any building or structura hereafter constructed or relocated in the R-2 District shall maintain minimum yards as follows: 1. All permitted and Conditional Uses for Residential: Front yard 30 feet Interior side yard 10% of lot width, but not less than five (5) feet · (There is no interior side yard requirament for attached single family homes.) Extedor side yard 20 feet Rear yard 25 feet 2. All permitted and Conditional Uses for Non-Residential: Front yard 30 ff. Interior side yard 10 ft, minimum, but not less than 1/2 the height of the principal building Exterior side yard 20 ff. Rear yard Shall be equal to the height of the principal building or structure but not less than 25 feet. C. Lot Coverage No lot in the R-2 District shall be developed with total impervious surfaces exceeding: 1. All permitted and Conditional Uses ~or Residential 50% 2. Ail permitted and Conditional Uses for Non-Residential 75% D. Height Umitations The following height limitations apply to principal buildings constructed in the R-2 District: 1, Residential Buildings. The maximum height of a residential building shall not exceed twenty-eight (28) feet or two (2) stories, whichever is less. 2. The following shall be excluded from the height limitations contained in this subsection: a. Chimneys b. Flagpoles c. Steeples d. Radio and television antennas attached to the principal structure E. Additional Re~;ctlons on Attached Single. Family Dwellings 1. No more than six (6) attached single-family dwellings shall be connected together in a single building, and such building shall not exceed a length of one hundred seventy-five (1'~5) feet. 2. Separations between groups of attached single-family dwellings shall not be less than thirty (301 feet. ARTICLE Xll R-3 LOW-DENSITY RESIDENCE DISTRICT SECTION: 14.1201. Purpose 14.1202. Permitted Uses 14.t203. Conditional Uses 14.1204. Uses Permitted In Umited Circumstances 14.1205. Bulk Regulations Sec. 14. t201. Purpose The purpose of. the R-3 Low-Density Residence District is to provide areas for medium to Iow density multi-family residential development and compatible uses. Sec. 14.1202. Permitted Uses A. In the R-3 Low-Density Residence District, the only uses which may hereafter be established are: 1. Single family detached dwellings 2. Two family dwellings 3. Multi-family dwelling 4. Accessory uses and structures 5. Family community residence, with no more than five (5) unrelated persons with disabilities and support staff. Operator must be licensed or certified by an appropriate agency. Family community residence with no more than eight (8) unrelated persons with disabilities, and support staff. Such residence shall be located no closer than one thousand (1,000) feet from another family community residence. Operator must be licensed or certified by an appropriate agency. 6. Foster Care Home 7. Home Occupations 8. Limited Day Care 14.1203. Cond#~onal Uses .. A. The following uses may be allowed by Conditional Use issued in accordance with. the provisions of Article 14.203. For this Zoning Chapter. 1. Day care homes. 2. Family community residence, where operator is not licensed or certified by an appropriate agency, and where residence of no more than eight (8) unrelated persons with disabilities is not located one thousand (1,000) feet from another family community residence. 3. Group community residence. Such residence shall be located no closer than one thousand (1,000) feet from another family community residence, 4. Rehabilitation home. 5. Residential Planned Unit Developments, subject to the Planned Unit Development Article 14.501 6. Day care centers as defined in this Chapter when located in a public schOOl building. 7, Garages for parking of commercial vehicles and/or commercial trailers with a licensed weigl~t of more than eight thousand (8,000) pounds. Such garage for commercial vehicles shall not exceed the Accessory Building Standards of Section 14.306. Sec. 14.1204. Uses Penttitted in Umlted Circumstances A. The following uses shall be permitted uses: 1. Public schools, elementary and ..high, private or parochial school without dormitory accommodations and having a curriculum equivalent to a public, elementary or high school. 2. Churches, synagogues, mosques and other houses of worship. 3. Municipal buildings, libraries or museum buildings provided no commercial enterpdsas are conducted on the premises. B. Except that a Conditional Use shall be required if the following circumstances apply: 1. A residential dwelling unit is being converted for one of the uses set forth in 1, 2, or 3 above as the principal use of the structure; or 2. A new building or structure is to be constructed on property not then in use pursuant to paragraphs 1, 2 or 3 above on a lot of less than forty thousand (40,000) square feet. Sec. 14.1205. Bulk Regulations A. Lot Size and Area Requirements The minimum area for any lot in the R-3 Distdct shall be as follows: 1. Detached single family (5.4 dwelling units, per acre and duplex dwellings 10.0 dwelling units per a~re) 8,000 sq. ft. 60 ff. minimum width 2. Multi-family dwellings 3,220 square feet per dwelling unit (13.5 dwelling units per acre) 3, All other permitted or conditional uses 8,000 square feet, 60 ft. minimum width B. Yard Requirements Any building, structure or parking lot hereafter constructed or relocated ir[ the R- 3 District shall maintain minimum yards as follows: 1. All permitted and Conditional Uses for Residential: ' Front yard 30 feet Interior side yard 10% of lot width, or 10 ft. whichever is lesser Exterior side yard 20 feet Rear yard 25 feet 2. All other permitted and Conditional Uses for Non-Residential: Front yard 30 ft. Interior side yard 10 11. minimum, but not less than 1/2 the height of the principal building Exterior side' yard 20 ft. Rear yard' ~ Shall be equal to the height,of the pdn~pal building or structure but not less than 25 feet. C. Lot Coverage No lot in the R-3 District shell be developed with total impervious surfaces exceeding: 1. All permitted and Conditional Uses for Residential 50% 2. All permitted and Conditional Uses for Non-Residential 75% D. Height Umitations The following height limitations apply to principal buildings constructed in the R-3 DistYict: 1. - Single-family and Two-family Buildings. The maximum height of a residential building shall not exceed.twenty-eight (28) feet or two stories, whichever is less. 2. Multi-family Buildings. The maximum height of a multi-family building shall not exceed thirty-five (35) feet or throe (3) stodes, whichever is less. 3. The following shall be excluded from the height limitations contained in this subsection: a. Chimneys b. Flagpoles c. Steeples d. Radio and television antennas attached to the principal structuro E. Add#~nal Re~,,.'l~ona on Multi-Family Dwellinga 1. Two or moro multi-family rosidential buildings may be located on the same zoning lot only as part of an approved Planned Unit Development. 2. Whero two or moro multi-family buildings aro located on the same zoning lot, a minimum of thirty (30) feet shall be maintained between buildings. ARTICLE Xlll R-4 MULTI-FAMILY RESIDENCE DISTRICT SECTION: 14.1301. Puqx~se 14.1302. Permitted Uses 14.1303. Conditional Uses 14.1304. Bulk Regulations Sec,. 14.130t. Purpose The purpose of the R-4 Multi-Family Residence District is to provide areas for limited concentrations of medium to higher density apartment and multi-family development. Sec. 14.1302. Permitted Uses 1. Multi-Family dwelling units 2. Accessory uses and structures 3. single Family attached dwellings 4. Home occupations 5. Public recreational faCilities 6. Family community residence 7. Foster home 8. Group commun!ty residence, where the operator is licensed or certified by appropriate agency. Such residence shall be located no closer than one thousand (1,000) feet from another group community residence. 9. Limited Day Care Sec. 14.1303. Cortdltlonal Uses 1. Group community residence, where the operator is licensed or certified by appropriate agency, and where residence is not located one thousand (1,000) feet from another group community residence. 2. Rehabilitation home 3. Garages for parking of commercial vehicles and/or commercial trailers with a licensed weight of mom than eight thousand (8,000) pounds. Such garage for commercial vehicles shall not .exceed the Accessory Building Standards of Section 14.306. Sec. 14.t304. Bulk Regulations A. Lot size and area requirements 1. Multi-Family dwellings Two thousand seven hundred (2,700) square feet of lot area per dwelling unit (16 units per acre) Sixty (60) feet minimum lot width 2. All other permitted or Eight thousand: (8,000) square feet 'Conditional Uses Sixty (60) feet minimum lot width B. Yard Requirements Any building, structure or parking lot hereafter erected, in the R-4 District shall maintain the minimum yards as follows: 1. All permitted and conditional residential uses: Front Yard Thirty (30) feet Intedor Side Yard 10% of lot width, or ten (10) feet, whichever is less Extedor Side Yard 20 feet Rear Yard 25 feet C. Lot Coverage No lot in the R-4 Distdct shall be developed with impervious surfaces exceeding fifty percent [50%) of the total lot area. D. Height Limitations The following height limitations apply to principal buildings constructed in the R-4 District. 1. Multi-Family Buildings. The maximum height of a multi-family building shall not exceed thirty-four (34) feet or three stories, whichever is the lesser. 2. The following shall be excluded from the height limitations of the R-4 District: a. Chimneys b. Flagpoles c. Steeples d. Radio and television antennas attached to the principal structure E. Additional Restrictions on Multi-FamiJy Dwellings: 1. Two or more multi-family buildings may be located on the same zoning lot only as part of an approved Planned Unit Development. 2. Where two or more multi-family buildings are located on the same zoning lot, a minimum of thirty (30) feet shall be maintained between buildings. ARTICLE XlV R.$ SENIOR CITIZEN RESIDENCE DISTRICT SECTION: 14.1401. Purpose 14.1402~ Authorization t4.1403. Standards 14.1404. Permitted Uses 14.1405. Lot Requirements 14.1406. Density t4.1407. Floor Area Ratio 14.1408. Lot~Coverage t'4.t409. Floor Area Per Dwelling Unit 14.1410. Recreation Areas 14.1411. Height 14~1412. Distance Between Buildings 14.1413. Yards 14.1414. Encroachments Permitted In Required Yards 14.1415. ' Refuse Facilities Sec. 14.1401. Purpose. The R-5 Senior Citizen Residence District is established to encourage and accom- modate publicly assisted housing facilities for senior citizens residing or expected to reside in the Village. HoUsing for senior citizens is unique because of the limited increase in traffic and population such housing creates, because it is best located in ciose proximity to recreational facilities, shopping areas, medical and community facilities and public transportation to accommodate senior citizens and because saniorlciflzens have a limited need for parking and a desire for small dwelling units. A. The regulations contained in this Article are designed to promote the health, safety, and general welfare of the public by: 1. Addressing the demand for senior housing as one type of housing, in an attempt to provide a vadety of housing types throughout the Village. 2. Promoting the provision of IoW cost'housing for senior citizens in accordance with the comprehensive plan of the Village. 3. Assuring adequate location ;of housing faCilities to maximize resident accessibility.to shopping, medical, and community facilities. 4. Insuring proper location and site design for senior citizen housing to produce a quality living environment and to minimize any negative impact on adjacent areas. B. To insure the attainment of: the purposes of this Article, each proposed senior citizen housing development shall be reviewed by the Village. Property shall only be classified in the R-5 Senior Citizen Residence District upon application by an applicant with a plan for such senior citizen housing which satisfies the requirements of this Article. Sec. 14.1402. Authorization. The Village Board may authorize the establishment and development of publicly subsidized senior citizen housing, upon request of a petitioner, pursuant to the prowsions of this Article. No such senior citizen housing shall be established unless the Village Board finds, at a minimum, that all of the restrictions on Permitted Uses, Section 14.1404 and Standards, Section 14.403 contained in this Article have been met. Sec, 14.1403, Standards. In determining whether a proposed senior citizen housing development is appropriate at a proposed location, the Zoning Board of Appeals in its recommenda- tions and the Village Board in its deliberations shall consider whether the establishment of such housing is consistent with the following standards: A. The proposed senior citizen housing will serve the needs of senior citizens expected to occupy such housing and of the public at the proposed location. B. The proposed senior citizen housing will not cause substantial injury to, or impair the value, use, or enjoyment of other property in the neighborhood in which the senior citizen housing is to be located. C. The establishment of senior citizen housing on the proposed site will be, consistent with the comprehensive plan of the Village and with the appropriate and orderly development or redevelopment of the portion of the Village in which the senior citizen housing ~s to be located. D. The establishment of senior citizen housing on the proposed site will not hinder or discourage the reasonable and appropriate development and use of adjacent or nearby land and buildings. E. Adequate utility and drainage facilities have been or will be provided for the proposed development. F. The location of the site and placement of any improvements on the site are consistent with good site planning principles, particularly with respect to ingress to and egress from the site, the location of parking areas on the site, the placement and orientation of structures to be located on the site, the location and accessibility of open space on the site and the landscaping of the site. Sec. 14.1404. Penttltted Uses. In the R-5 Senior Citizen Residence District, the following uses may be established subject to the following restrictions: A. Publicly subsidized senior citizen housing, subject to the provisions of this Article, in which all dwelling units shall be intended, designed, maintained, and operated exclusively for occupancy by persons sixty two (62) years of age or older, for a minimum period of twenty (20) years, except as follows: 1. A maximum of ten percent (10%) of the total dwelling unit may be used for persons who ara under a disability or are handicapped as such terms ara defined by ragulations of the Department of Housing and Urban Develop- ment; 2. Not more than one domestic nurse or compenion may raside in any dwelling unit with the principal resident theraof; 3. Not more than one dwelling unit may be reserved for use by management or service personnel who need not be sixty two (62) years of age; 4. Not mora than two (2) persons ralated by blood or marriage, one of which shall be at least sixty two (62) years of age, shall occupy a dwelling unit as the prin~pal rasidents theraof; 5. No minors.shall occupy a dwelling unit. B. In the event that the Federal Subsidy Program under which the senior citizen housing development operates, no longer exists after twenty (20) years and no other Senior Citizen Subsidy Program is applicable to such senior citizen housing development, occupancy of the senior citizen housing development shall be limited to the following, provided the owner of such senior citizen housing development complies with the provisions of subsection C of this Section: 1. A maximum of ten percent (10%) of the total dwelling units may be used for persons who ara under a disability or are handicapped as such terms are defined.by ragulations of the.Department of Housing and Urban Develop- ment; 2. Not mora than one domestic nurse or companion may raside in any dwelling unit with the principal rasident theraof; 3. Not mora than one dwelling unit may be raserved for use by management or service personnel; 4. Not more than two (2) persons related by blood or marriage, one of which shall be at least fifty (50) years of age, shall occupy a dwelling unit as the principal residents thereof; 5. No minors shall occupy a dwelling unit. C. n the event that the Federal subsidy program under which the senior citizen housing development operates no longer exists after twenty (20) years and no other senior citizen subsidy program is applicable .to such senior citizen housing development, the owner of such senior citizen housing development, shall provide the following'to the Village, Department of Community Development: 1. Certification that no senior citizen subsidy program is applicable to such -senior citizen housing development before the owner permits occupancy of such senior citizen housing development with the occupants authorized by subsection B of this Section; and 2. Certification by December 31 of each year of the age of all residents of such senior citizen housing development to insure continuing occupancy by occupants authorized by Subsection B of this Section; and 3. Provision of such additional off-street parking as necessary to bring the total parking provided to a ratio of 1.50 parking spaces for each dwelling unit before the owner permits occupancy of such senior citizen housing development with the occupants authorized by subsection B of this Section. Sec. 14.1405. Lot.Requirements. No building may be constructed on a parcel of less than one acre in size. Such parcel shall be under single ownership or control for a minimum of eighteen (18) months after construction of the senior citizen housing development is completed. Sec. 14.1406. Density. All senior citizen housing developments shall have a minimum of nine hundred [900) square feet of lot area, excluding rights of way, for each dwelling unit, with a maximum of forty eight (48) dwelling units per acre. Sec. 14.1407. Floor Ama Ratio. The maximum floor area ratio for any senior citizen housing develoPment shall be 1.0. Sec. 14.1408. Lot Coverage. The maximum allowable coverage by buildings and all impervious surfaces shall be seventy' ,.,e percent (75%) of the lot area of the lot upon which .,' senior citizen housing project is located. ' Sec. 14,1409, Floor.Ama Per Dwelling Unit, A. No dwelling unit shall contain a floor area of less than: 1. Five hundred fifty (550) square feet for an efficienCY unit. 2. Six hundred (600) square feet for a one bedroom unit. 3. Seven hundred fifty (750) square feet for a two (2) bedroom unit. Sec. 14.1410. Recreation Areas. A minimum of five percent (5%) of the gross floor area of each building of a senior citizen housing development used for residential purposes shall be set aside for recreation areas and facilities, such as libraries, game rooms, hobby and craft rooms, meeting rooms, lounges and other similar recreation areas and facilities. Such recreation areas and facilities shall be subject to the review and approval of the Board of Trustees. Sec. 14.14tl. Height. The maximum height of any principal building shall not exceed sixty five feet (65') or six (6) stories, whichever is less, except that structures connecting two (2) buildings shall not exceed two (2) stories or twenty five feet (25') in height, whichever is less. Sec. 14.1412. Distance Between Buildings. The minimum distance between any two (2) buildings shall be equal to the height of the taller building, exclusive of any connecting buildings. Sec. 14.1413. Yards. All buildings shall be set back from each:lot line a minimum of thirty feet (30') plus five feet (5') for each additional story of a building which is over three (3) stories. No encroachments of any kind are allowed in required yards except as otherwise provided for in this Article. Sec. 14.1414. Encroachments Permitted in Required Yards. A. Driveways which are no more than thirty five feet (35') in width, which provide access to a lot from adght of way and which are located on a lot perpendicular to the front or rear lot lines of such lot shall be permitted in required front and rear yards. B. Ddw~ ~fs which are no more than thirty, five feet' (35') in wis.. which provide access to a lot from a dght of way and which are located on a lot perpendicular to the side lot line of a required side yard shall be permitted in a required side yard. C. Minimum Parking Lot Setback: · Any parking lot located on a lot of record shall be set back a minimum of: 1. Thirty feet (30') from right of way 2. Ten feet (10') from interior lot line 3. Twenty feet (20') from adjacent residential district. D. Structures connecting two (2) buildings located in a senior citizen housing development may be permitted in required yards, provided the Director of Planning finds that such structures are necessary and will serve the needs of the occupants Of the senior citizen housing project and that the location, orientation and design of such structures, are consistent with good site planning principles. E. Other encroachments listed in Section 14.306.Ewhich are not inconsistent with the provisions of this section 14.'1401 and which are approved by the Director of Planning. Sec. 14.1415. Refuse Facilities. Refuse facilities consisting of a compactor system with collection facilities shall be provided in each principal building of a senior citizen housing development. · ARTICLE XV B-1 BUSINESS OFFICE DISTRICT SECTION: 14.1501. Purpose 14.1502. Penn#ted Uses 14.1503. Conditional Uses 14.1504. Bulk Regulations Sec. 14.1501. Purpose The Business Office Distdct is intended to provide a zoning ciassificetion for limited office development in areas adjacent to more intense retail/commercial zoning ciaseificetions. The district shall provide a transitional area between residential end retail/commercial areas. Sec. 14.1502. Permitted Uses 1. Municipal buildings 2. Offices, business and professional Sec. 14.1503. Conditional Uses 1. Clubs and lodges 2. Day care centers 3. Educational institutions 4. Funeral home 5. Hospitals 6. Parking lots 7. Planned Unit Developments commercial or mixed use 8. Religious institutions 9~ Antenna Towers, ground-mounted, exceeding seventy (70) feet in height Sec. 14.1504. Bulk Regulations A. Yard Requirements All buildings and parking lots in the 13-1 District shall meet the following setback requirements: 1. Front yard :30 feet 2. Side yard 10 feet :3. Comer side yard :30 feat 4. Rear yard 20 feet B. Building Height The maximum height of any building in the B-1 District shall be three (3) stories or thirty (30} feet, whichever is less. C, Lot Coverage : : The total area of all buildings, structures and parking lots in a B-1 District shall be no more than seventy-five percent (75%) of the total land area, D. Transitional Setbacks Where a side or rear lot line in a B-1 District abuts any residential zoning district, all buildings, structures and parking lots shall be set back twenty-five (25) feet from the abutting lot line. Such setback shall include a six (6) foot fence along the entire length:of the transitional setback. The fence shall be located not less than eight (8) feet from the property line. in addition to the fence, a continuous evergreen or dense deciduous hedge three ,(3) feet in height, two and one-half (2%) feet on center, shall be planted on the outside of the fence, facing the abutting residential zoning district, along the entire length of the fence. This transitional landscape area shall be maintained and kept free of weeds. ARTICLE XVl B-2 NEIGHBORHOOD SHOPPING DISTRICT SECTION: 14.1601. Purpose 14.1602. Permitted Uses 14.1603. Conditional Uses 14.1604, Bulk Regulations Sec. 14.1601. Purpose The Neighborhood Shopping District is intended to provide convenience shopping for persons residing in adjacent residential areas, and to permit uses that are necessary to satisfy the basic shopping needs that occur daily or frequently, and that are necessary to close ;~roximity to residential areas. Sec. 14.1602. Permitted Uses 1. Bakedes 2. Barber Shops 3. Beauty Shops 4. Candy 'and ice cream stores 5. 'DresSmakers 6. Drug store 7. Dry cleaning and laundry establishment 8. Flower store 9. Food store, grocery store, meat market and delicatessen 10. Gift shop 11. Hardware store 12. Laundromat, automatic, self-service only" 13. Music or dance studio 14. Offices, business and professional 15. Restaurants, not including entertainment and dancing 16. Shoe and clothing repair shops 17, Wearing apparel shops. 18. Vadety stores 19. Accessory uses and structures, incidental to and on the same zoning lot as the permitted use. 20. Other uses similar to the above uses, as determined appropriate by the Director of Planning, if not listed in any other zoning classification. Sec. 14.1603. Conditional Uses 1. Banks and financial institutions 2. Day Care Centers 3. Planned Unit Developments, commercial or mixed use 4. Taverns and cocktail lounges, not including entertainment and dancing 5. Accessory uses and structures, incidental to and on the same zoning lot as the Conditional Use. 6. Antenna Towers, ground-mounted, exceeding seventy (70) feet in height Sec. 14.t604. Bulk Regulations A. Yard Requirements All buildings and parking lots in the B-2 District shall meet the following setback requirements: 1. Front Yard 30 feet 2. Side Yard 10 feet 3. Comer side yard 30 feet 4. Rear yard 20 feet B, Building Height The maximum height of any building in the B-2 Distdct shall be three (3) stodes or thirty (30] feet, whichever is less. C. Lot Coverage The total area of all buildings, structures and parking lots in a B-2 District shall be no more than seventy-five percent (75%) of the total land area. D. Transitional Setbacks Where a side or rear lot line in a B-2 District abuts any residential zoning district, all buildings, structures and parking lots shall be set back twenty-five (25) feet from the abutting lot line. Such setback shall include a six (6) foot fence along the entire length of the transitional setback. The fence shall be located not less than eight (8) feet from the property line. In addition to the fence, a continuous evergreen or dense deciduous hedge three (3) feet in height, two and one-half (2%) on center, shall be planted On the outside of the fence, facing the abutting residential zoning district, along the entire length of the fence. This transitional landscape area shall be maintained ~and kept free of weeds. E. Restrictions on Business Uses The operation and design of business uses shall conform to the following restrictions: 1. All retail establishments shall be retail or service establishd~ents dealing with retail customers. 2. All business, servicing or processing shall be conducted within completely enclosed buildings, with the exception of permitted outdoor sales in Section 14.311. ARTICLE XVII B-3 COMMUNITY SHOPPING DISTRICT SECTION: 14.1701. Purpose t4-1702. Permitted Uses 14.1703. Cond#Jonal Uses 14.1704. Bulk Regulations Sec. 14.1701. Purpose The Community Shopping District is designed to provide for the needs of a much larger consumer population than is served by the B-2 District, ancl provide a wider range of uses for daily and occasional shopping. This district is located along major arterial roadways. Sec. 14.1702. Perm#ted Uses Any use permitted in the B-2 District, plus the following uses: 1. Antique shops 2. Art and school supply stores 3. Art and woodcraft studios Art, sculptor, and composer studios 5. Art shops or galleries, but not including auction rooms 6. Automobile accessory stores 7. Banks and financial institutions 8. Bicycle sales, rental, and repair stores 9. Business machine sales and service 10. Camera and photographic supply stores 11. Carpet and rug stores, retail sales only 12. China and glassware stores 13. Clothing and costume rental stores 14. Clubs and lodges, nonprofit and fraternal 15. Coin and philatelic stores 16. Computer sales, service and accessories 17. Dairy products, retail sales 18. Department stores 19. Educational Services: a. Schools: music, dance and business b. Schools: commercial or business machine, but not trade schools or vocational 20. Electrical and household appliance stores, including radio and television sales, and repair 21. Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use 22.' Furrier shops 23. Hearing aid stores 24. Home improvement centers, not including outdoor storage 25. Household appliance stores 26. Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles, when conducted as part of the retail operations and secondary to the principal use 27. Jewelry stores, including watch repair 28. Lamp, and lighting fixtures 29. Lawn and garden equipment and supply stores 30. Leather goods and luggage stores 31. Libraries, museums and art galleries, public 32. Liquor stores, packaged goods 33. Locksmith shops 34. Mail order, catalog store 35. Martial Arts School 36. Medical and dental clinics 37. Municipal buildings 38. Musical instrument sales and repair 39. Music stores, including cassettes, compact discs, and accessories 40. Office machine sales and servicing 41. Office supply stores 42. Optician sales, retail and orthopedic and medical appliance stores 43. Party supply stores 44. Paintl glass, and wallpaper stores 45. Parking lots and structures 46. Pet shops 47. Photography studios, including the developing of film and pictures when conducted as part of the retail business on the premises 48. Picture framing 49. Post Office 50. Printing and duplicating services 51. Radio and television sales, service, and repair 52. Recorded music and video rental stores 53. Repair, rental or servicing of any article, the sale of which is a permitted use in .the district 54. Restaurants, including entertainment and dancing 55. Schools, business or commercial 56. Secondhand stores and rummage shops 57. Sewing machine sales and service - household appliances only 58. Shoe stores 59. Sporting goods stores 60. Tailor shops 61. Tanning Salon 62. Taverns and cocktail lounges 63. Telegraph offices 64. Theaters, indoor 65. Ticket agencies, amusement 66. Tobacco shops 67. Toy shops 68. Travel agencies 69; Watchman's quarters 70. Accessory uses and buildings, incidental to and on the same zoning lot as the permitted use. 71. Other uses similar to the above uses, as determined appropriate by the Director of Planning and not listed in any other zoning classification Sec. t4.1703. Conditional Uses: 1. Amusement establishments, indoor only, including bowling alleys, billiard establishments, gyms, skating rinks and dance clubs 2. Animal hospital 3. Automobile repair and service stations 4. Automobile sales, new or used 5. Car Wash 6. Catering services 7. Drive-through and drive-in establishments 8. Game Room 9. Health services, clubs or gymnasiums 10. Hotels and motels 11. Limited production, assembly or manufacturing on-premise which is secondary to a permitted use subject to the performance standards as listed in Section 14.2104.G 12. Medical and dental laboratories 13. Motor vehicle sales 14. Parking lots or structures 15. Planned Unit Development, commercial or mixed use 16. Radio and television stations, studios and towers 17. Recreation and community canters, non-commercial 18~ Accessory uses and structures, incidental to and on the same zoning lot as the permitted use 19. Other uses similar to the above uses, as determined appropriate by the Director of Planning, and not listed in any other zoning classification 20. Antenna Towers, ground-mounted, exceeding seventy (70) feet in height Se~ 14.1704. Bulk Regulations A. Yard Requirements All buildings and parking lots in the B-3 District shall meet the following setback requirements: 1. Front Yard 30 feet 2. Side Yard 10 feet 3. Corner side yard 30 feet 4. Rear yard 20 feet B. Building Height The maximum height of any building in the B-3 District shall be three (3) stodes or thirty (30) feet, whichever is less. C. Lot Coverage The total area of all buildings, structures and parking lots in a g-3 Distdct shall be no more than seventy-five percent (75%) of the total land area. D. Transitional Setbacks Where a side or rear lot line in a B-3 District abuts any residential zoning district, all buildings, structures and parking lots shall be set back twenty-five (25) feet from the abutting lot line. Such setback shall include a six (6) foot fence along the entire length of the transitional setback. The fence shall be located not less than eight (8) feet from the property line. In addition to the fence, a continuous evergreen or dense deciduous hedge three (3) feet in height, two and one-half (2%) on center, shall be planted on the outside of the fence, facing the abutting residential zoning district, along the entire length of the fence. This transitional landscape area shall be maintained and kept free of weeds. E. Restflct]ons on Business Uses The operation and design of business uses shall conform to the following restrictions: 1. All business establishments shall be retail or service establishments dealing with customers. 2. All business, servicing or processing shall be conducted within completely enclosed buildings, with the exception of permitted outdoor sales in Section 14~311. The normal sales and services offered at automobile service stations, drive-in/carry-out restaurants and retail sales of motor vehicles are excluded from this provision. ARTICLE XVIII B-4 CO RRIDOR COMMERCIAL DISTRICT SECTION: 14.1801. Purpose 14.1802. Permitted Uses 14.1803. Conditional Uses 14.1804. Bulk Regulat~ns Sec, 14.t801. Purpose The Corridor Commercial Dis~ct is intended to accommodate those., motorist- oriented commercial activities which may Be incompatible with uses encouraged in other business districts, and whose service area is not confined to any one specific area. This district is located along major commercial corridors. Sec. 14.1802. Permitted Uses Any use permitted in the B-3 District shall be permitted in the B-4 District, in addition to the following uses: 1. Amusement establishments, indoor only, bowling alleys, billiard establish- ments, gyms, skating rinks and dance clubs 2. Automobile garages 3. A~tomobile repair and service stations 4. Automobile sales, new or used 5. Boat Showroom, sales and repair 6. Car wash 7. Commercial greenhouses and nurseries 8. Contractors showrooms and shops, not including outdoor storage = 9. Drive-through and ddve-in establishments 10. Hotels and motels 11. Laboratories, medical, dental, research and testing 12. Parking lots and structures 13. Radio and television stations, studios and towers 14. Trade or vocational schools 15. Accessory uses and structures, incidental to and on the same zoning lot as the permitted use 16. Other uses similar to the above uses, as determined appropriate by the Director of Planning, and not listed in any other zoning classification. Sec. 14.1803. Cond#~onal Uses 1. .Amusement establishments, outdoor, including batting cages, miniature golf facilities, driving ranges, and other similar outdoor amusement facilities. 2. Archery ranges, shooting galleries 3. Building matedal and products, sales and storage 4. Contractor, construction offices, shops or outdoor storage yards 5. Limited production, assembly or manufacturing on-pramisa which is secondary to a permitted use subject to the performance standards as listed in Section 14.2104.G 6. Machinery sales 7. ·Public utility and service uses 8. Stadiums, auditoriums and arenas, open or enclosed 9. Planned Unit Development, commercial or mixed use 10. Theaters, drive-in 11. Trailer and camper sales and rental 12. Truck sales, rental and repair 13. Other uses similar to the above uses, as determined appropriate by the Director of Planning and not listed in any other zoning classification. · 14. Antenna Towers, ground-mounted, exceeding seventy (70) feet in height Sec. 14.1804. Bulk Regulations A. Yard Requirements All buildings and parking lots in the B.4 District shell meet the following setback requirements: 1. Front Yard 30 feet 2. Side Yard 10 feet 3. Comer side yard 30 feet 4. R'ear yard 20 feet B. Building Height The maximum height of any building in the B.4 District shall be three (3) ~todes or thirty (30) feet, whichever is less. C. Lot Coverage The total area of all buildings, structures and parking lots in a 5-4 District shall be no more than seventy-five percent (75%) of the total land area. D. Transitional Setbacks Where a side or rear lot line in a B-4 Distdct abuts any residential zoning district, all buildings, structures and perking lots shall be set back twenty-five (25) feet from the abutting lot line. Such setback shall include a six (6) foot fence along the entire length of the transitional setback. The fence shall be located not less than eight (8) feet from the property line. In addition to the fence, a continuous evergreen or dense deciduous hedge three (3) feet in height, two and one-half (2%) on center, shall be planted on the outside of the fence, facing the abutting residential zoning district, along the entire length of the fence. This transitional landscape area shall be maintained and kept free of weeds. E. Restrictions on Business Uses The operation and design of business uses shall conform to the following restrictions: 1. All business establishments shall be retail or service establishments dealing with customers. 2. All business, servicing or processing shall be conducted within completely enclosed buildings, with the exception of permitted outdoor sales in Section 14.311. The normal sales and services offered at automobile service stations, drive-in/carry-out restaurants and retail sales of motor vehicles am excluded from this provision. .ARTICLE XlX B-$ CENTRAL COMMERCIAL DISTRICT SECTION: 14.1901, Purpose Statement 14.1902. Conditions of U se 14.1903, Permitted Uses 14.1904. Conditional Uses 14.1905. Bulk Regulations sec. 14.1901. Purpose Statement The B-5 Central Commercial District includes the "downtown Core" area, as designated on [he Zoning Map, and related retail and commercial areas along Northwest Highway. Specific bulk regulations are included for each of these areas. The District is intended to accommodate retail and specialty shops, and business, professional, and civic uses characteristic of a traditional downtown area. The "Core" area also permits higher density multi-family residential uses for the purpose of providing a downtown living environment. Special attention is focused on uses with an emphasis on consumer goods and services easily accessible by pedestal- ans. Business, professional, and governmental offices and other non-sales tax generating uses are permitted in the downtown core area. However, such uses should be encouraged to be located at the periphery of this area. The primary focus of the downtown core area is to attract high levels of pedestrian activity for retail, service, and specialty shops. In addition, the B-5 District has been designated as an "area of critical concern" due to heavy traffic movement, intensity of development, and its essential role in the future development of the Village. Sec. 14.1902, Conditions of Use A. Uses allowed in the B-5 District are subject to the following conditions: 1. All business, servicing, processing, and storage shall be conducted within completely enclosed buildings. 2. No manufacturing or assembling shall be permitted except as incidental to the business occupying the premises. Sec. 14.1903. Permitted Uses A. Any use permitted in the B-3 Community Shopping Distdct plus the following UseS; 1. Dwelling units, located above the first floor 2. Hotels and motels 3. Offices, including business, professional, non-profit and governmental offices 4. Accessory uses and buildings, incidental to and on the same zoning lot as the permittecl use. Sec. 14.1904. Conditional Uses 1. Amusement establishments, including but not limited to bowling alleys, pool halls, swimming pools, skating dnks 2. Automobile repair and service stations 3. Car Wash 4. Automobile sales, new or used 5. Catedng services 6. Convention and exhibition halls 7. F~ineral homes 8. Game rooms 9. Outside display and sales of products the sale of which is a permitted or Conditional Use in this district 10. Outside service areas for other permitted or Conditional Uses in this district 11. Parking lots or structures, commercial 12. Dwelling units on ground floor 13. Public utilities and services 14. Radio and television stations, studios and towers 15. Recreation and community centers, commercial 16. Transportation depots 17. Accessory uses and buildings, incidental to and on the same zoning lot as the Conditional Use, 18. Other uses similar to the above uses, as determined appropriate by the Director of Planning, and not listed in any other zoning classification 19. Planned Unit Developments, mixed commercial and residential 20. Antenna Towers, ground-mounted, exceeding seventy (70) feet in height Sec. 14.1905. Bulk Regulations A. Maximum Dens~ 1. There shall be a maximum density of sixteen (16) units per acre. 2. The maximum density in the "Core" area shall be thirty (30) units per acre. B Minimum Building Setbacks No setbacks shall be required for principal buildings in the B-5 District unless stipulated by other requirements of this Chapter. Setbacks for accessory structures shall conform to Section 14.306 of this Chapter. C. Height Umitaflons 1; There shall be a maximum height of three (3) stories or thirty feet, whichever is less. 2. The maximum height in the '*Core" area shall be six (6) stories or seventy (70) feet, whichever is less. .. D. Minimum Open Space and Landscaping There shall be no requirement for minimum open space for uses in the B-5 District. However, screening" and perimeter landscaping requirements are .: required and regulated by 'the Landscape Regulations contained in Section 14.2301 of this Chapter, E. Restrictions on Business Uses All business activities, servicing, processing, an(~.storage, except for off-street parking or loading, shall be conducted within completely enciosecl buildings; except that outside display and sales, outside service areas, and drive-through/- drive-in services may be allowed regulated by this Chapter. F. Trans#Jonal Setbacks Wherever a lot in the B-5 District abuts any residential zoning district, ali buildings and parking lots shall be set back a distance equal to the height of the building in the B-5 District. Such setback shall be landscepecl as required in Article 14.2301, Landscape Regulations. ARTICLE XX OIR OFFICE RESEARCH DISTRICT SECTION: :14.2001. Purpose 14.2002~ Permitted Uses 14.2003. Conditional Uses 14.2004. Bulk Regulations Sec. 14.2001. Purpose : The O/R Office Research Distdct is intended as an area for corporate or headquar- ters office development, and laboratories, research or product development facilities. Accessory uses such as warehousing, assembly or repair are allowed with permitted uses. The distdct is expected to encourage development with a high level of excellence in site planning, landscaping and architecture. Sec. 14.2002.' Perm#ted Uses 1. Banks and financial institutions, including drive-up facilities 2~ Business and trade schools 3. Computer offices and I=acilities 4. Offices and corporate headquarters 5. Light product assembly and repair, including items such as: a. Camera and photographic equipment b. Electronic products c, Jewelry products d. Precision instruments 6. Research laboratories and testing facilities 7. Warehouse, distribution and Storage facilities .. 8. Other uses similar to the above uses, as determined appropriate by the Director of Planning, if not listecl in any other zoning classification. Sec. 14.2003: Conditional Uses 1. Heliports 2. Hotels or motels 3. Municipal facilities 4. Planned unit development office or research 5. Public utility and service facilities 6. _ Restaurants 7. Antenna Towers, grOund-mounted, exceeding seventy (70) feet in height Sec. t4.2004. BulkRegulatlons A. Yard Requirements: All buildings and parking lots in the O/R District shall meet the following setback requirements: 1. FrOnt Yard. Any building or structure hereinafter erected shall be located not less than thirty feet (30'), plus one foot (1') for every two feet (2') of building height over twenty feet (20'), from the front lot line (primary frontage). If berming, grade differences and landscaped screening is provided, as approved by the Director of Planning, parking may be permitted in all but the first thirty feet (30') of the required front yard. 2. Minimum Side Yards. a) Interior Side Yard. Any building or structure hereinafter erected shall be located not less than ten feet (10'), plus one fool~' (1') for every two feet (2') of building height over twenty feet (20'), from any interior side lot line. If parking or loading facilities or. access drives are to be located in a side yard, such facility or drive shall be located a minimum of ten feet (10') from the side lot line, which area shall be properly screened. b) Exterior Side Yard. Any building or structure hereinafter erected shall be located not less than thirty feet (30'), plus one foot (1') for every two feet (2') of building height over twenty feet (20')., from any exterior side lot line. If parking or loading facilities or access ddves are'.to be located in a side yard, such facility or drive shall be located a minimum of thirty feet (30') from the side lot line, which area shall be properly screened. 3. Minimum Rear Yard. Any building or structure hereinafter erected shall be located not less than twenty feet (20'), plus one foot (1') for every two feet (2') of building height over twenty feet (20'), from a rear lot line. If parking or loading facilities or access ddves are to be located in a rear lot line. If parking or loading facilities or access ddves are to be located in a rear yard, such facility or ddve shall be located a minimum of thirty feet (30') from rear or extedor lot line, or ten feet (10') from an intedor rear lot line which area shall be propedy screened. B. Building Height: The maximum height of any building in the O/R Distdct shall not exceed sixty feet (60'). C. Minimum Lot Area and Maximum Lot Coverage: Minimum lot area, if a separate lot, and building Site area if a Planned Unit Development, shall be one (1) acre. The total area of all buildings, structures ' and parking lots in the O/R District shall, be no more.than eighty percent (80%) of the total land area. D. Transitional Yards: Where side or rear lot lines coincide with lot lines of property in a residential district a transitional yard of not less than thirty feet (30') shall be provided for any building of thirty feet (30') or lesser height above grade and one foot (1') for each foot of building height for any building in excess of thirty feet (30') in height. If parking or loading facilities or access ddves are to be located in a transitional side or rear yard, such facility or ddve shall be located a minimum of twenty-five feet (25') from .the lot line, which area shall be propedy screened. E Restrictions on Office/Research Uses: The design and operation of the uses in the O/R District shall conform to the following requirements: 1. Floor area devoted to product assembly and repair shall not exceed 30% of the gross floor area of the facility. 2. Floor area devoted to warehouse, distribution, and storage facilities shall not exceed .50% of the gross floor area of the facility. 3. No outside storage of material or products shall be permitted. ARTICLE XXl I-1 UMITED INDUSTRIAL DISTRICT SECTION: 14.2101. Purpose 14.2102. Permitted Uses 14.2103. Condi~onal Uses t4.2104. Bulk Regulations Sec. t4.2101. Purpose The I-1 Limited Industrial District is intended to provide an area suitable for industrial, manufacturing, warehousing ancl research facilities that do not create appreciable nuisance or hazards, or an area for such uses that require a pleasant, hazard and nuisance free environment. Sec. 14.2102. Permitted Uses The following uses shall be permitted in the I-1 Limited Industrial District: 1. Bakeries 2. Bedding manufacture 3. * Caretakers quarters 4. .*Carpet Manufacture 5. Cloth products manufacture 6. Contractors, architects, and engineers offices and shops 7. Dry cleaning plants 8. Electronic and scientific precision instruments manufacturing 9. Exterminating services ..~ 10. Laboratories, including research and testing 11. Laundries 12. Light machinery production - appliances, business machines, etc. 13. Lithographing 14. Mail order houses 15. Medical and dental laboratories 16. Musical instruments manufacturing 17. Municipal buildings 18. Offices, headquarters 19. Orthopedic and medical appliance manufacture 20~ Parking lots, other than accessory parking 21. Pottery and ceramics manufacture 22. Printing and publishing establishments 23. Public utility and service user 24. Radio and television stations, studios and towers 25~ Shoe and boot manufacture 26. Sporting goods manufacture 27. Warehousing, storage and distribution facilities 28. Wearing apparel manufacture 29. Woodworking and wood products manufacture 30. Accessory uses, including limited retail of items of permitted uses, but no more than 10% of the floor area 31. Other uses similar to the above uses. as determined appropriate by the Department of Planning and not listed in any other zoning classification Sec. 14.2103. Conditional Uses 1. Archery and firearm shooting ranges for sports, safety and marksmanship training 2. Asphalt manufacture 3. Automobile garages 4. Automobile repair and service stations 5; Car wash 6. Building matedal sales and storage 7. Cartage and express facilities 8. Compost collection facility 9. Concrete fabrication t 0. Contractor, architects, and engineers equipment and material storage yards 11 Cosmetics production 12. Dairy products processing and manufacture 13. Day-Care Center 14. Food manufacture, packaging and processing 15. Glass products production 16. Heliports 17. Paper products manufacture 18. Petroleum tank farm and related accessory uses 19. Planned developments, industrial 20. Plastics processing 21. Recyciing collection centers 22. Restaurants 23. Stadiums, auditoriums and arenas, open or enclosed 24. Trade or vocational school 25. Transfer stations for refuse disposal 28. Antenna Towers, ground-mounted, exceeding seventy (70) feet in height Sec. '14.2104. Bulk Regulations A. Minimum Lot Size: The size of the minimum lot in the I-1 Limited Industrial District shall not be less than two (2) acres B. Yard Requirements: All buildings and parking lots in the I-1 District shall meet the following setback requirements: 1: Front yard 30 feet 2. Side Yardi 15 feet 3. Comer side yard 30 feet 4. Rear yard 20 feet C. Building Height: The maximum height of any building in a I-1 District shall be thirty (30) feet. D. Lot Coverage: The total area of all buildings, structures, and parking lots in a I-1 District shall be no more than seventy-five percent (75%) of the total land area. E. Transitional Setbacks: Where a side or rear lot line in a I-1 District abuts any residential zoning district, all buildings, structures and parking lots shall be setback forty (40) feet from the abutting property line. Such setback shall include a 6' fence along the entire length of the transitional yard. The fence shall be not less than eight feet (8') from the property line. In addition to the fence, a continuous evergreen or dense deciduous hedge 3' in height and planted 2-1/2' on center, sl~all be planted.on the outside of the fence, facing the abutting residential zoning district, along the entire length of the fence. This transitional landscape area shall be maintained and kept free of weeds. F. Restrictions on Industrial Uses: 1. All businesses, servicing or processing, shall be conducted within completely enclosed buildings. 2. All storage shall be within completely enclosed buildings or effectively screened by a solid wall or fence, including any gates, not less than 8' nor more than 8' in height. No stored materials shall be visible above the fence. G. Performance Standards: No use established in a I-1 Limited Industrial District shall be operated so as to exceed the performance standards listed below. Any use already established shall be permitted to be altered, enlarged, expanded or modified provided that all perfermance standards of the district are met. 1. Noise Limitations No industrial activity shall generate noise across.any Residential or Business zoning district boundar7 line in excess of the levels shown in-Table 1, nor shall exceed 71 dBA when measured on the A-weighted scale. ?l'he sound levels shall be measured with a sound-level meter and octave- band analyzer to meet criteria for the noise measurement provisions of OSHA, and shall conform to ANSI S2-4 (American National Standards Institute). Octave Band Daytime Sound Level Nighttime Sound Level Center Frequency In Decibels In Decibels In Hertz 8 A.M. to 10 P.M. 10 P.M. to 8 A.M. 31.5 72 67 63 67 66 125 66 65 250 59 52 500 52 46 1000 46 40 2000 40 35 4000 38 35 8000 38 32 over 8000 38 32 2. Vibration Limitations a. Earthbome vibrations from any industrial operation, equipment, or process shall not constitute a nuisance nor exceed the limits set forth herein. Vibrations shall be expressed as displacement in inches and shall be measured with a three-component measuring system. b. No industrial activity shall be responsible for the transmission of earthbome vibrations across any residence or business zoning district boundary line in excess of the displacement limits established through use of the following formula: D = 0.003 f where D = the maximum allowable displacement in inches f = the vibration frequency in cycles per second 3. Smoke and Particulate Matter a. General Limitations. In addition tothe performance standards specified . hereinafter, the emission of smoke or particulate matter in such manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful. Particulate matter emissions, in access of the threshold limit values caused by the wind from open storage areas, yards, roads, etc. within lot lines shall be kept toe minimum by appropriate landscaping, paving, oiling, wetting, and other means, or shall be eliminated. For the purpose of determining the density or equivalent opacity of smoke, the Ringelmann Chart as adopted and published by the United States Bureau of Mines in Circular No. 8333 shall be used. No indUstrial operation shall cause or allow to be emitted into the open air from any process or control equipment, or to pass any convenient measuring point in a breaching or stack, dust in the gases to exceed 0.85 pounds per thousand pounds of gases adjusted to 12 percent CO2 content for the products of combustion. The emission, from all sources within any zoning lot, Of particulate matter containing more than ten. percent (10%) by weight of particles having a Particulate diameter larger than forty-four (44) microns is prohibited. b. Permitted Smoke Emission Within 1,000 feet of a residence or office or business zoning district boundary line the emission of smoke from any vent, stack, chimney, or combustion process shall not exceed a density or equivalent opacity no greater than Ringelmann No. 1. · Smoke in excess of Ringelmann No. 1, but not exceeding Ringelmann No. 2, shall be permitted for not more than three (3) minutes in any 60- minute pedod. Smoke not exceeding Ringelmann No. 3 shall be permitted for five (5) minutes during any eight hour period for purposes of fire-cteaning only. Smoke in excess of Ringelmann No. 3 is prohibit- ed. 4. Fire and Explosion Hazard Limitations The following regulations supplement those pertinent requirements contained in the Mount Prospect Fire Prevention Code and all other applicable fire and explosion ordinances. a. The storage,, utilization, or manufacture of material or products ranging from incombustible to moderate burning - as determined for liquids by a closed cup flash point of not less than 187 degrees fahrenheit - is permitted subject to compliance with all other performance standards for the Industrial District. b. The storage, utilization, or manufacture of materials or products ranging from free or active burning'to intense burning - as determined for liquids by a closed cup flash point of less than 187 degrees fahrenheit but not less than 105 degrees fahrenheit - is permitted subject to compliance with all other performance standards for the Industrial Districts, and provided the following conditions are met: i. Said materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having exterior walls of fire-resistive construction in accordance with other ordinanc- es in the Municipal Code of the Village of Mount Prospect. ii. Unless otherwise provided in this Chapter, all such buildings or struc- tures shall be set back at least 40 feet from lot lines, or in lieu thereof, all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation stan- dards prescribed by the National Fire Protective Association; or if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Protection Association. c. The utilization in manufacturing processes of materials which produce flammable or explosive vapors or gases - as determined for liquids by a closed cup flash point of less than 105 degrees fahrenheit - shall be permitted in the Industrial Districts provided: i. that the final manufactured product does not itself have a closed cup flash point of less than 187 degrees fahrenheit, ii. that the use and storage of such materials shall be in conformity with standards prescribed by the National Fire Protection Association and with the requirements of other ordinances in the Municipal Code of the Village of Mount Prospect, iii. that the storage of said materials shall be prohibited above ground 5. Toxic Matter Limitations In any Industrial District, toxic materials which are released shall not exceed ten (10) percent of the maximum permissible airborne concentration allowed an industrial worker when measured at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive. When maximum permissible airborne concentrations of toxic materials allowed an industrial worker are not contained in the most recent list of Threshold Limit Values published by the American Conference of Governmental Industrial Hygienists, the applicant shall satisfy the Health Officer that proposed levels will be safe to the general population. .. 6. Odorous Matter Limitations The release of odorous matter from any Industrial District across Residence or Business District boundary lines shall be so controlled that, at ground level or at habitable elevations, the concentration shall not exceed the odor threshold level. Further, the release of odorous matter across lot lines shall not become a nuisance or source of discomfort to neighboring uses. 7. (~lare Limitations In any Industrial District, any operation or activity producing glare shall be so conducted that direct and indirect illumination from the sources of light shall 'not cause illumination in excess of one-half (0.5) of one (1) footcandle when measured at any Residence or Business District boundary line. Flickering or intense sources of light shall be so controlled as not to cause a nuisance across any lot lines. FIGURE #1 Angled Angled Angled Access Stall Stall Aisle Stall Total Stall Aisle Stall Width Length Width Width Bay Size Length Width Length Angle B C D E F G H L 45° 9 18.5 13 12.7 49 15.3 16 18 60° 9 19,8 17 10.4 53 17.6 16 18 90° 9 18.0 24 60 24 18 Notes 1. Parking 10ts shall be bordered with 6": concrete barrier curb. 2. Ingress/egress driveways shall have 30' radii on returns. ARTICLE xxii 0 FF-~TREET PARKING AND LOADING SECTION: 14.2201. Scope of Regulations 14.2202. Change of Use 14.2203. Existing Parking and Loading Facilities 14.2204. PermiSsive Parking and Loading Facilities 14.2205. Damage or Destruction 14.2206. Off-Site Remote Parking Facilities 14.2207. Parldng Area Design 14.2208. Parking of Commercial Vehicles in Residential Districts 14.2209. Residential PaHdng. Permitted Parking 14.2210. Repair and Service 14.2211. Acceislbla paHdng Requirements 14.2212. Land Banking 14.2213. ColleciJve Provisions 14.2214. Con~.ct/on and Design 14.2215. Driveways 14.2216. Size and Access 14.2217. In Yards 14.2218. Wheel Guards 14.2219. Lighting 14.2220. Curbs and Gutters 14.2221. Striping 14.2222, Maintenance 14.2223. Screening and Landscaping 14.2224. Central Area Parking Regular]tins 14.2225. Off-Street Loading t4.2228. Number and Type of Loading Berths Required Sec. 14.2201. Scope of Regulations, A. The off-street parking and loading provisions of this Article shall apply as follows: For all buildings and structures erected and all uses of land, accessory parking and loading facilities shall be provided as required below. However, where a building permit has been issued pdor to the effective date of this Chapter, and provided that construction is begun within six (6) months of such effective date and diligently executed to completion (completion to be accomplished within eighteen (18) months of the effective date of this Chapter), parking and loading facilities in the amounts required for the issuance of said building permit may be provided in lieu of any different amounts required by this Chapter. When the intensity of use of any building, structure or premises is increased through additional dwelling units, gross floor area, seating capacity, or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. Sec. 14.2202. Change of Use. Whenever the existing use of a building or structure which has been provided with the required number of off-street parking and loading spaces of this Chapter shall be changed to a new use, parking or loading facilities shall be required for the new use. If the building or structure was eractecl pdor to the effective date of these parking standards, additional parking or loading facilities are required. Such additional parking shall be calculated using the regulations of this Chapter to determine the amount of parking the new use would exceed the parking require- ments of the previous use. Sec. 14.2203. Existing Parking and Loading Facilities. Off- street parking or loading facilities which were in existence on the effective date of this Chapter or were provided voluntarily after such effective date shall not hereafter be reduced below the requirements of this Chapter for a similar new building or use. Sec. 14.2204. Permissive Pa~dng and Loading Facilities, Nothing in this Chapter shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings, provided that all regulations herein governing the location, design, improvement and operation' of such facilities ara adhered to. Sec. 14.2205. Damage or Destruction. For any conforming or legally non-conforming building or use whichis in existence on the effective date of this Chapter which subsequently thereto is damaged or partially destroyed to the extent of less than fifty percent of its raplacement value by fire, collapse, explosion or other cause, and which is reconstructed, reestablished or rapairad, off-street parking or loading facilities need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in the event the principal building or structure is damaged or destroyed by any means of fifty percent (50%) or more of its raplacament value, it shall be necessary to provide parking or loading facilities as required by this Chapter for equivalent new uses or construction; provided, however, that if the principal building or structure co~ttains more than one use, parking and loading facilities, as required by this Chapter, need be provided only for those uses which have been damaged or destroyed to the extent of fifty percent (50%) or more of their, replacement value. Sec. 14.2208. Off-Site Remote Parking Facilities. in cases where parking facilities are permitted on land other than the zoning lot in which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which parking facilities are accessory. Such possession may either be by deed or long-term lease, the term of such lease is subject to the approval of the Zoning Board of Appeals and filed with the Director of Planning. The deed. for the off-site parking shall require Such owner or heirs to maintain the required number of parking spaces for the duration of the use served or the term of the lease, whichever shall terminate sooner. The Zoning Board of Appeals shall have final authority for these lease or deed approvals. Also, leases for off-site parking should be limited to no more than one thousand feet (1,000') of the use serviced in the Central Business District, and no more than five hundred feet (500') from the use served outside the Central Business District. Sec. 14.2207. Parking Area Design. It shall be the responsibility of the Planning Director to review plans for all parking lots to ensure compliance with the parking section of these regulations and his approval must be obtained before building permit issuance. The arrangement, character, extent, width, grade and location of all parking areas shall be considered in relation to existing and planned streets, to reasonable circulation to traffic within and adjacent to parking areas, to separation of parking, loading, and drive-up stacking, to topogrephicel conditions, to runoff of storm water, public convenience and safety, and in their appropriate relations to the proposed uses of the area to be served. All traffic intersections and confluences must encourage safe and efficient traffic flow. Any such submission must comply with the requirements of this Chapter and the Development Code. Parking lots and accesses shall be designed so as to discourage use of same as short-cuts and/or bypasses when located between major artedal roadways. Sec. 14.2208. Parting of Commercial Vehicles In Residentlal Distztcts. Any contracting or service business truck or commercial vehicle used as part of a Home Occupation shall be permitted up to a licensed weight of 8,000 lbs., but shall be parked in a garage. The parking of any commercial truck, vehiCle or commercial trailer with a licensed weight or gross weight in excess of 8,001 lbs. shall only be permitted in a residential garage with a conditional use permit. Sec. 14.2208. Residential Dist.=ts. Pem~ilted Parting. Recreational vehicles and equipment as defined herein, automobiles, personal use trucks and vans shall be permitted to park upon an approved' driveway, parking pad or apron constructed to the required standards of the Development Code. Sec. t4,22t0, Repair and Service. No metor vehicle repair work of a commercial nature shall be permitted in conjunction with off. street parking facilities provided, Sec. 14,2211. Accessible Parldng Requirements. Accessible (handicapped) parking spaces shall be provided in compliance with American with Disability Act of 1990 as follows: A. Size:. Each. accessible parking stall shall consist of an eight (8) foot wide parking space and an adjacent eight (8) foot wide access aisle, for a total of sixteen (16) feet. The standard length of accessible parking stalls shall be the same as all other parking stalls. B.. Number:, All parking lots reauired by this Chapter shall provide the following number of accessible parking stalls: Table #1 Number of Parking Spaces Required No. of Accessible Spaces 1 to25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1000 2% Over 100o 2o+1 per 10o over lO00 C. Access: The required access aisle must have a smooth transition with adjacent walk surfaces, either by joining at a common level or by use of a curb ramp. D. Identfficatlon: Each accessible parking space shall be equipped with a sign which complies with Americans with Disability Act. Signs shall be vertically mounted on a post or a wall at front canter of the parking space, no more than five (5) feet horiZontally from the front of the parking space, and set four (4) feet from finished grade of the parking space to the bottom of the sign. Sec. 14.2212. Land Banking. Any development that has a requirement for 150 parking spaces or more may request up to a 30°,4, reduction in the required parking spaces. Such request shall be approved by the Director of Planning and shall be accompanied by such docu- mentation and evidence justifying the reduction. Such requests shall also provide for additional land area which maybe converted to parking and.shall be accompa- nied by a covenant running with the land to restrict the use of the land for future parking. Such covenant shall specify the authority of the Village to require additional parking be installed if and when deemed necessary and to enforce said order upon the ownership. Sec. 14.2213. Collective Provisions.' Off-street parking facilities for separate uses on the same lot may be provided collectively if the total number of spaces provided collectively is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Sec. 14.2214. Cons~uction and Design. The construction and layout of the parking lot shall conform to all Development Code requirements. Refer to the Development Code for specifics. Sec. 14.2215. Driveways. All driveways must conform to the requirements set forth in the Development Code, A. Residential. Residential driveways in the R-X, R-A, R-l, R-2 Districts shall conform to .the following requirements: 1. Number. One ddveway may be permitted per lot, with a maximum of one (1) curb-cut onto the street pavement per driveway. Circular or dual frontage driveways may be permitted only by variation. 2. Location. Driveways must lead to required off- street parking space(s) and may cross the required front yard in a manner essentially perpendicular to the street pavement. 3. Width, Ddveway width shall be determined by the maximum front yard lot coverage of thirty-five percent (35%) for all lots with widths of 60'- 75'. The maximum driveway width for lots less than sixty (60) feet in width shall be twenty-one (21) feet. Lots which exceed seventy-five (75) feet in width shall have a maximum ddve width of twenty-six (26) feet. All driveways shall be unobstructed from any encroachment such as chimneys, fireplaces, and bay windows. The maximum ddveway width shall include all adjacent walkways. Parallel paving strips shall be permitted as alternatives to paved ddveway surfaces. B. Industrial. The ddveway width for an industrial building shall be adequate to maneuver trucks in and out of the site. Driveways which exceed thirty feet (30') must be approved by the Planning Director. C. Other.. All other uses shall have driveways of twenty four feet (24') width (12' per lane). When more than 2 .lanes are approved by the Planning Director on the basis of need, each lane shall be twelve feet (12') wide. A driveway more than 2 lanes wide must be physically divided to provide for safe vehicular movement. Se~ 14.22t8. Size and Access. All parking stalls and aisles shall have the minimum dimensions, as set forth in Figure 1, provided that the automobile overhang of not greater than 2 feet may be included in stall depth calculations where such overhang does not extend beyond the property line or encroach on the minimum width of the sidewalk or encroach upon a required setback. When automobile overhang beyond an installed curb is included in the stall depth calculation such overhang shall be considered as part of the parking stall for landscaping or setback purposes. Parking garages shall have a minimum vertical clearance of 7 feet 6 inches. An industrial, commuter, or long-term business office use may request a reduction to .8 1/2 feet in stall width. Such request shall 'be approved by the Director of Planning and must be accompanied by such documentation and evidence which shall justify the parking lot safety. Sec. 14.2217. In Yards. Off-street parking setbacks shall meet the requirements of the specific zoning district. Sec. 14.2218. Wheel Guards. Parking spaces shall be provided with wheel guards or bumper guards where concrete curbs are not required So that no part of parked vehicles will encroach on an adjacent sidewalk. Bumper guards are not required for intedor stalls. Sec. 14.2219. Lighting. All parking lot lighting shall Development Code of the Village of Mount Prospect. Electric lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance. All such lighting shall be extinguished between the hours of eleven o'clock (11:00) P.M. and seven o'Clock (7:00) A.M. unless the premises on which or for which the lighting is specifically operating is engaged in the operation of its business, in which event the lighting shall not operate past the closing hour of the establishment. Light poles in a parking lot shall be protected from vehicles. Curbed islands for protection are recommended. Sec. 14.2220. Curbs and Gutters. Combination concrete curb and gutter or concrete ~)arrier curb is required around the perimeter of all parking lots and around all islands, provided that with approval of the Director of Planning this requirement may be deferred for the area adjacent to any future expansion as part of a staged development. Whera alternatives to concrete curb and gutter are demonstrated to be more appropriate and recommend- ed by the Village Engineer, said alternatives may'be approved by the Director of Planning. Sec. 14.2221. Sl;tping. Stdping of the pavement surface to define each parking space is required and shall be a minimum of four (4) inches in width from the length of each space. A double stdpe is recommended. Striping for each parking space shall be painted in yellow or white. Thermoplastic pavement markings are an acceptable alternative. All areas designated as fire lanes shall be marked by posting of signs and/or yellow markings~ provided that signs shall be used wherever feasible. Sec. 14.2222. Maintenance. Upon completion, all parking areas shall be properly maintained at all times, without pot holes, broken curbing or other irregularities. Sec. t4.2223. Screening and Landscaping. All open automobile parking areas containing more than four parking spaces shall be effectively screened as per the requirements contained in the landscape section of the Development Code. Sec. 14.2224. Ce,,;,.;l'Area Parking Regulations, In the B-5 Central Commercial District, for the purpose of allowing existing conditions to continue, additional off-street parking is not required at locations where limited parking or no parking is-currently provided. Uses which are similar to those in operation at the time this Chapter is adopted are not required to add additional parking. However, in areas where new construction or major rehabilitation (50% or more), or a change 'in use which warrants additional parking, spaces shall be provided as follows: Fumiture and Appliance Store: First Floor:. One (1) space per 1000 square feet of floor area Other Than First Floor:. One (1) space per 1500 square feet of floor area Multi-Family Dwellin.qs: Efficiency and One Bedroom: One (1) space per unit Two Bedroom: One and one-half (1 1/2) spaces per unit Three Bedroom: Two (2) spaces per unit Office/Retail: First Floor;. Four (4) spaces per 1000 square feet in excess of 1500 square feet of floor area Second Floor: Four (4) spaces per 1000 square feet in excess of 2000 square feet of floor area Above SeCOnd Floor: FOur (4) spaces per 1000 square feet in excess of 2,500 square feet of floor area 0ffice-Medical: First Floor. Three (3) spaces per examining room Other Than First Floor. Two (2) spaces per examining room Restaurant. Sit-Down: One (1) space for each four (4) seats, plus one (1) per employee Restaurant~ Fast-Food, Eight (8) Spaces per 1000 square feet of gross floor Without DHve-Throu~lh: area Qther uses: Uses not listed in the above schedule of parking requirements for the B-5 Zoning District, parking . spaces shall be provided at 50 % in nUmber as required elsewhere Computation of Required Parl~ng The required number of off-street parkin§ spaces shall be calculated as listed below: SCHEDULE OF OFF-STREET PARKING REQUIREMENTS USE PARKING REQUIREMENTS RESIDENTIAL Single Family'Attached and Two (2) spaces per dwelling unit Detached Dwellings Duplex Dwelling Two (2) spaces per dwelling unit Multiple-Family Dwellings: One and two bedrooms: Two (2) spaces per dwelling unit three or more bedrooms: Two and one half (2~) spaces per dwelling unit R-5 Senior Citizen Hous- ing: Efficiency and one Three-quarter (3~4) space per dwelling unit bedroom: One (1) space per dwelling unit Two bedrooms Hotel/Motel One (1) space per guest room plus one (1) space per employee on peak shift. (Restaurants and lounges require separate parking calculations.) Convalescent Home-Nuts- One (1) space per four (4) residents plus one (1) space lng Home per employee COMMERCIAL, RETAIL, SERVICES Freestanding Stores and Four (4)spaces per one thousand (1000) square, feet Shopping Centers of gross floor area. (Restaurants as tenants require (up to' 30,000 square feet) separate parking calculations.) Shopping Center (30,000- Four and one half (4.5) spaces per one thousand 150,000 square feet) (1000) square feet gross floor area Shopping Center (more Four spaces per one thousand (1000) square feet than 150,000 square feet) gross floor area Furniture Two (2) spaces per one thousand (1000) square feet gross floor area Auto Sales One (1) space per one thousand (1000) square feet plus those spaces required for service bays Sit Down Restaurant One (1) space for each three (3) seats plus one (1) space per employee Fast Food without Drive-in Twelve (12) spaces per one thousand (1000) square feet gross floor area Fast Food with Drive-in Twelve (12) spaces per one thousand (1000) square feet gross floor area plus eight (8) stacking spaces for the first window and two (2) stacking spaces for each additional window. Auto Service -Quick Serve One (1) space per employee plus two (2) spaces per (20 minutes or less) service bay Auto Service - Drop Off One (1) space per employee plus five (5) spaces per service bay Car Wash - Self-Serve One (1) space per bay plus two (2) stacking spaces per bay. Car Wash - Tunnel Stacking spaces for twenty (20) minutes of waiting plus one (1) space per employee. (Three (3) minutes average per car, plus one (1) space per employee.) Dance/Music/Vocational/ Two (2) spaces per three (3) employees plus one (1) Trade Schools space per maximum number of students as determined by the Director of Planning Personal Services Four (4) spaces per one thousand (1000) square feet gross floor area Un(lertaking Establish- Twenty (20) spaces per one thousand (1000) square ments feet of parlor space OFFICE AND INSTITUTIONAL Offices: Financial, Civic, one thousand (1000) square feet Business, and Professional of 'gross floor area Offices: Medical/Dental Five (5) spaces per one thousand (1000) square feet of gross floor area Banking Facility Three (3) spaces per one thousand (1000) square feet gross floor area plus five (5) stacking spaces for each window Hospital/San~adum Two (2) spaces per one thousand (1000) square feet of gros~ floor area or one point two (1.2) spaces per bed, whichever is greater Religious Institution One (1) space per three (3) worshipers EDUCATIONAL Day Care Center/Nursery One (1) space per employee plus one (1) space for each ten (10) licensed capacity slots K-8th Grades One (1) space per employee plus eight (8) spaces for visitors Senior High School One (1) space per employee plus one (1) space per eight (8) students College/University One (1) space per two (2) employees plus one (1) space per four (4) students based on maximum capacity PUBLIC AND SEMI-PUBLIC USES Library Two (2) spaces per one thousand (1000) square feet gross floor area CULTURAL AND ENTERTAINMENT Amusement Establishments One (1) space per three (3) persons capacity plus one (1) space per employee Arena/Stadium One (1) space per four (4) seats plus one (1) space per two (2) employees Bowling Alley Five (5) spaces per lane Club/Loc~ge Four (4) spaces per one thousancl (1000) square feet of gross floor area Cultural Institutions and Three and one-half (3,5) spaces per one thousand Museums (1000) square feet of gross floor area Golf Course Sixty (60) spaces per nine (9) holes plus one (1) space per two (2) employees Swimming Pool Thirteen (13) spaces per one thousand (1000) square feet of pool area Tennis Club Two (2).spaces per court Theater One (1) space per four (4) seats Gym/Health Club Five (5) spaces per one thousand (1000) square feet of gross floor area INDUSTRIAL Manufacturing, Research.& One (1) space per one and one-half (1.5) employees Development, Utility plus one (1) space per company vehicle. (Office space calculated separately.) Warehouse One (1) space per fifteen hundred (1500) square feet of gross floor area. Sec.14~2225. OFF-STREET LOADING General Requirements A. Location and Screening All required loading berths shall be.'loceted on the same zoning .lot as the usa served. All motor vehicle loading berths abutting residential areas shall be screened by building walls, or by a uniformly' painted solid non-combustible fence, wall, or door, or densely planted mature shrubbery or any combination thereof, not less than six (6) feet screening shall be immediately adjacent to the loading area and in addition to transitional screening requirements elsewhere in this Chapter. In all districts, no loading. berths shall be located in a required front, corner side or side yard. Loading berths located in a required rear yard may be open to the sky. B. Size This Chapter provides for two sizes of loading berths, short berths and long berths. The number of loading berths required, whether short or long berths, is identified in Sec. 14.2201.1. The vertical clearance of all berths shall be not less than 15 feet. The size of short and long loading berths shall conform to the following: 1. Shor~ Befits The size of ~3erths, maneuvering aprons, and access aisles shall be as follows: a. Berlh Size Short berths shall have a minimum width of twelve (12) feet and a minimum length of thirty-five (35) feet b. Maneuvering Apron A maneuvering apron of sixty (60) feet shall be provided c. Access Aisles A width of at least twelve (12) feet shall be provided for one-way aisles and twenty-two (22) feet for two:way aisles 2. Long Berths The size berths, maneuvering aprons, and access aisles shall be as follows: a. Be~lh Size Long berths shall have a minimum width of twelve (12) feet and a minimum length of fity (50) feet. I~. Maneuvering Apron ^ maneuvering apron of sixty (60) feet shall be provided c. Access Aisles A width of at least fourteen (14) feet shall be provided for one-way aisles and twenty-four (24) feet for two-way aisles C. Access Each required off-street loading 13erth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will ~east interfere with traffic movement, and shall be subject to approval by the Director of Planning. D. Sur~acing All open off-street loading berths shall be pavec~ with asphalt, concrete or other dustless all-weather material capable of bearing a live load of two hundred (200) pounds.per square foot. E. Repair and Service No motor vehicle repair work or service of any kind shall be permitted in conjunc- tion with loading facilities providecl in any district, except that: 1. Emergency repair service necessary to start vehicles shall be permitted in all districts. F. U~lization Space allocated to any off-street loading use shall not, while so allocated, be used to satisfy the space requirement for any off-street parking facilities or portions thereof. G. Central Loading Central loading facilities may be substituted for loading berths On individual zoning lots provided the following conditions are fulfilled: 1. Each zoning lot served shall have direct access to the central loading area without crossing streets or alleys at grade by means of a ramp or tunnel. 2. Total off-street loading berths provided shall meet the minimum requirements herein specified, based on the sum of the several types of uses served. (Area of. types of uses may be totaled before computing number of loading berths.) 3, 'No zoning lot served shall be more than five hundred (500) feet removed from the central loading area. 4. The tunnel or ramp connecting a central loading area .with the zoning lot serviced shall be not less than twelve (12) feet in width and have a .clearance of not less than twelve (12) feet. H. Minimum Facilities Uses for which off-street loading facilities are required herein, but which are located in buildings with les~ paved area than the minimum prescribed for such required facilities, shall be provided with adequate receiving facilities, accessible by motor vehicles off any adjacent alley, service drive, or open space on the same zoning lot. Sec. 1412226. Number and Type of Loading Berths Required The required number of loading berths shall be calculated as listed below: SCHEDULE OF OFF.STREET LOADING REQUIREMENTS USE GROSS FLOOR AREA NO. OF BERTHS SIZE* RESIDENTIAL Motel, Hotel 10,000 - 200,000 One Short each additional 200,000 One Short COMMERCIAL Motor 8,000 - 25,000 One Long Vehicle sales 25,001 plus One Long Shopping 5,000 - 25,000 One Short ' Centers 25,001 - 200,000 One Long, Short 200,001 - 400,000 Two Short, Long each additional 400,000 One · Long Retail 5,000 - 10,000 One Short Wholesale 10,001 - 30,000 Two Short (Restaurants) 30,001 - 40,000 , Two Long 40,001 - 100,000 Three Long each. additional 100,000 One Long SERVICES AND INSTITUTIONS Banks, Civic 10, [300 - .100,000 One Short Buildings 100,001 up to 500,000 One Offices, each additional 100,000 One Long Business 500,001 anti above One Short Services each additional 500,000 One Long Short Hospitals 20,000 - 200,000 One Long each additional 200,000 One Long SCHOOLS Elementary, 20,000 - 200,000 One Long Secondary, each additional 200,000 One Long. College or University CULTURAL/ENTERTAINMENT Arena, Stadium, 10,000 - 20,000 One Short Auditorium, 20,001 - 100,000 One Long Convention Hall, each additional 100,000 One Long Amusement · Establishment Theater 10,000 - 25,000 One Short each additional - 50,000 One Short INDUSTRIAL Manufacturing, 5,000 - 10,000 One Short. Warehousing, 10,001 - 40,000 One Long Research and 40,001 - 100,000 Two · Long Development each additional - 100,000 One Long ° Berth (Loading Dock) Dimensions: Short = 12 ft. wide x 30 ft. deep Long = 12 ft. wide x'50 ft. deep ** Gross Floor Areas refer to buildings or structures on premises 3. Concrete islands abutting 90~ parking shall have 5' radii on returns. 4. Ninety degree spaces on the perimeter can be 16' if a 2' overhand is provided free of the yard requirement. 5. Dimension for parking with angles other than what is indicated in the chart above shall be figured proportionately. ARTICLE XXlII LANDSCAPE REQUIREMENTS SECTION: 14.2301. Intent and Purpose 14.2302. Landscape Plan Requirement 14.2303. Content of Landscape Plan 14.2304. Design Criteria 14.2305. Right-of-Way Landscaping 14.2306. Parking Lot Landscaping 14.2307. Foundation Landscaping 14.2308. Perimeter Landscaping 1'4.2309. Tree Preservation Sec. 14.2301. Intent and Purpose The purpose of these landscape requirements is to promote, protect and presei've the general health and safety of the people of the community and, as part of the general welfare, insure aesthetic compatibility among land uses Within the community. These regulations are intended to minimize the harmful or nuisance effects resulting from noise, dust, debds, motor headlight glare, artificial light intrusions, objectionable sights or activities, or similar incompatible impacts conducted or created by adjoining or nearby land use. It is also the purpose of these regulations to safeguard the environmental quality and aesthetic character of the community by limiting the removal and insuring replacement of trees upon private property within the Village. These regulations are intended to preserve insofar as practical, existing vegetation and topographi- cal .features by limiting unnecessary clearing and modification of land, encourag- ing the retention of existing mature trees, requiring the replacement of indigenous trees with approved species, and encouraging the energy efficient operation of land uses in the public interest. Landscaping required by the Chapter shall be a condition to the issuance of a Certificate of Occupancy for any improvements built on the subject property. Sec. 14.2302. Landscape Plan Requirement A Landscape Plan shall be required and approved by the Director of Planning for the following:. 1. Any non-residential development of any parcel of land involving *the construction of any new building(S) or structure(s); 2. Any multi-family residential development and/or residential P.U.D. 3. Any development involving expansion by more than twenty-five percent (25%) of an existing structure, if constructed after the effective date of this Chapter. The plan shall be completed by a Landscape Architect or a person capable of fulfilling all requirements set forth in this Chapter. Requests for relief or revisions to these requirements of this Chapter may be submitted to the Village Manager for his consideration. Sec. 14.2303. Content of Landscape Plan 1. Elements of the Preliminary Landscape Plan - a. Show the proposed location of all new plant materials. b. Indicate the character of suggested plant materials to be used Ii.e. shade trees, ornamental trees, shrubbery, etc.) c. A tree survey shall be prepared which lists the location of existing vegetation (4" caliper and above) with sizes and species (common and botanical names) recorded. Indicate on the plan those plant materials to be preserved, removed or transplanted. d. Proposals to protect and preserve existing trees during and after construction. e. Location of existing natural site features, including, but not limited to, large boulders, rock outcroppings and streams. 2. Elements of a Final Landscape Plan - Locations of existing and proposed improvements: a. Building outlines, with entry and exit points. b. All utilities. c. Lighting. d. Walls. e. Fences, f. Parking areas (spaces delineated, including handicepped spaces, curbs). g. Spot elevations and/or contours existing and proposed. h. Berms. i. Existing (4" caliper and above with drip line) and proposed plant material. j. Paved surfaces. k. Sign locations. I. Public rights-of-way/easements, including street widths. m. Refuse disposal areas. n.. Other exterior landscape amenities, su~ as bike paths, plazas, etc, o. Property lines. Planting Schedule: a. Plant material schedule, listing: botanical names; common names; caliper or height; and quantity. b. Plant material schedule of all trees (4" caliper and above) to be removea, - listing: botanical names; common names; caliper or.height; and quantity. Miscellaneous: a. Proposed treatment of all ground surfaces (pea gravel, ground covers, sod, seed and/or prairie). b. Gther drawings and information as required: i, Ir~gation plan, if appropriate. ii. Grading and drainage plan, showing spot elevations and/or cross sec~ons, c, Methods to be used to protect plants and planted areas (curbs, ties, walls, etc.) Title block: a. Name and address of property owner. b. Name of Landscape Architect. c. Firm name and address. d. Scale data. · e. North arrow. - f. Date. Provide {he following - Elevations, cross sections, samples and/or photo- graphs to indicate: a. Texture of exposed surfaces. b. Landscape material. c. Scale. d. Color of exposed surfaces. e. Planting in relation to buildings. -Provide the following - Technical information, samples, details and/or photographs of materials to be used: a. Light standards. b. Benches. c. Fences. d. Walls. e. Signage. f. ' Safety lighting. g. Other site details. Sec. 14.2304, Design Criteria A, Scale and Nature of Landscape Material The scale and nature of landscape matedal shall be appropriate to the site and structures, B. Selection of Plant Material 1. Planting materials used in conformance with the provisions of this Article shall be: a. Of good quality of a species normally grown in Northeastern Illinois. b. Capable of withstanding the extremes of individual site microcli .mates. c. Selected for interest in its structure, tenure, and color for its ultimate growth. d. Harmonious to the design, and of good appearance. e. In conformance with American Standard for nursery stock as approved by American National Standards Institute and issued as ANSI 2601.1986. 2. Evergreens shall be incorporated into the landscape treatment of a site, particularly in those areas screening parking lots from dedicated public rights-of-way or property zoned for residential use. 3. Shade trees shall have a minimum trunk size of 2-112" in caliper. 4. Ornamental trees shall be used, .especially in smaller planting areas. These trees shall have a minimum trunk size of 2" in caliper, or be a clump form at a minimum height of five (5) feet. 5. Shrubs shall be used wherever possible. Shrubs used for parking lot screening shall be a minimum of three (3) feet in height at time of installa- tion. Low growth shrubs shall be planted in areas which could constitute a visual hazard, i,e., site triangle. 6. The following trees shall not be used: Silver Maple; Box Elder, Red Mulbem/; Osage Orange; Poplar (all species); Black Locust; Weeping Willow (except in large, wet areas); Catalpa; Tree of Heaven; White Birch; Elm (all species); Russian Olive and Mountain Ash. C. Installation of Plant Materials Plant materials of all types and species shall be installed in accordance with the minimum technical specifications of the Illinois Chapter of Landscape Contrac- tors, including the guarantee and replacement sections. D. Maintenance of Plant Material The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers, including refuse disposal areas, walls, fences, etc., as may be required by the provisions of this Article. A means of irrigating plant material shall be provided. Installation of an autOmatic underground sprinkling system is recommended. E. Planting Bads Planting Beds shall be mulched in their entirety with shredded bark or other similar material. F. Walls and Fences Plant materials shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect. G. Detention/Retention Basins and Ponds Detention/retention basins and pond areas shall be planted. Such plantings shall include shade and ornamental trees, evergreens, shrubbery, hedges and/or other live planting materials. Plants must be able to tolerate wet conditions if planted within the basin. H. Energy Conservation 1. Deciduous trees, shrubs and vines should dominate the south and west sides of buildings and plaza areas to provide shade during the summer and limited shade dudng winter. 2. Evergreens and other plant materials should be concentrated on' the north side of buildings in a manner which dissipates the effect of winter winds. Earthen berms and existing topography shall, wherever practical, be incorporated into the landscape treatment of a site. J. Topography Where natural, existing topographic patterns contribute.to the beauty and utility of a development, they shall be preserved and developed. Modification of topography may be allowed where it contributes to the aesthetic quality of the site, K, Protect]on of Plant Material and/or People In locations where plant material and/or people will be susceptible to injury,. install appropriate curbs, tree guards, or other devices. L. Areas Where Plant Matm~al Will Not Prosper In areas where general planting will not prosper, other materials (such as fences, wall and pavings of wood, brick, stone, pea gravel, and cobblesl shall be used. Carefully selected plant material shall be combined with such materials where possible. M. Exterior Land~',ape Ughtlng Exterior landscape lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and fixtures shall be of a size and design compatible with the building and adjacent areas, Lighting shall be restrained in design, and excessive brightness and brilliant colors shall be avoided. Utility services shall be underground. N. AmenilJee In commercial/industrial areas the following, where appropriate, shall be provided: Seating areas; paved areas; plant enclosures; benches; waste receptacles; lights; etc. O. Service Yard Screening Service yards, loading docks and other places that tend to be Unsightly shall be screened. Screening shall be equally effective at all times of the year. P. Innovative Landscaping Innovative landscaping treatments are encouraged and shall be considered as a positive attribute in connection with any request for a variation from the requirements of this Code. Sec. 14.2305. Right-of-Way Landscaping A. Applicability Where a parcel abuts a dedicated public right-of-way, plantings shall be provided within the provisions of this Article. B. Street Trees Trees shall be planted in all parkways and shall be placed subject to the direction and approval of the Village. The Village shall be responsible for the purchasing and planting of all trees within and upon the public right of way. 1. Parkway trees shall be planted forty feet (40') apart whenever possible, and shall have a minimum trunk diameter of two and one-half (2-1/2") measured at six inches (6") above ground level. 2. Planting Requirements: All trees planted within a public dght of way shall comply with the requirements set forth in Chapter 9, Article V (Trees) of the Municipal Code. 3. Tree Planting by Village: The applicant shall, pdor to final plat or develop- merit plan approval, post with the Director of the Finance Department a cash deposit or treasurer's or cashier's check payable to the Village in an amount equal to the number of trees required to be planted in the public parkway pursuant to this Section multiplied by the amount charged by the Village to cover the cost of such trees, and any and all work connected with the guaranteed planting of such trees as such amount is established from time to time by resolution of the corporate authorities of the Village. The Village shall use such funds to plant trees in the parkway. 4. If deemed necessary by the Director of Public Works, this requirement may be satisfied if an equivalent number of trees of the same size or larger are planted in the front yards of all adjoining lots. 5. Should completion of the development extend beyond a one year pedod, the applicant shall be required to post additional funds to cover any increase in cost to plant the remaining trees. C. Graded and Sodded 1. All unpaved areas within the dedicated right of way shall be graded and sodded in an approved manner. Restoration work shall be performed to the satisfaction of the Director of Public Works. 2. All parkways shall be graded smooth and topped with at least four inches (4") of black dirt after compacting and removal of stumps, trees that cannot De saved, boulders and such. Such areas shall be sodded. 3. Upon recommendation of the Director of Public Works, the President and Board of Trustees of the Village may require additional sodding of a lot to prevent soil erosion and blockage of drainage system. Se~ 14.2306. Parking Lot Landscaping A. Applicability All parking lots designed for twenty (20) or more parking spaces shall be planted in accordance with the provisions of this Article. B. Interior Plantings 1. Five (5) percent or more of the interior of a parking lot shall be devoted to plantings. Planting of areas located along the perimeter of a parking lot as required in Article 8 shall not be included toward satisfying this requirement. Moreover, foundation landscaping areas, as specified in Article 7 shall not be included toward satisfying the interior parking lot landscaping require- ments. 2.' Planting Areas: a. Interior parking lot planting areas shall'generally be dispersed throughout the parking. b. Interior parking lot landscaping areas shall be a 'minimum of sixty-four (64). square feet. 3. The primary planting materials used in parking lots shall be shade trees. Ornamental trees, shrubbery, hedges, and other live planting materials may be used to supplement the tree planting, but shall not be the sole contribu- tion to the landscaping. Plants which have proven to be the most tolerant of salt ara recommended.. These include Bayberry, Rugosa Rose, Dwarf Klm Lilac and Polygonium ground cover.. When using evergreens, the planting beds shall be bermed, planting the evergreens on higher grounds. There shall be at least 50 percent live coverage. C. Perimeter Landscaping 1~ Front and Comer Side Yards: a. Across from Residential Property: i. Where a parking lot is located across a street' from Property zoned for residential use, continuous landscaping shall be provided across one hundred percent (100%) of the street frontage to a height of three (3) feet. Such landscaping shall consist of berms, shade and ornamental trees, evergreens, shrubbery, hedges, and/or other live planting material. ii. Except where occupied by planting beds, all landscaping areas located in front and comer side yards shall be sodded. 2. Rear and Interior Side Yards: a. Where a parking lot abUts property zoned for residential use, landscaping shall be provided as follows: i. The screen/buffer area between the parking lot and the residential property line shall be a minimum of six (6) feet in height. ii. Shade trees shall be provided at the equivalent of not more than fifty (50) feet apart. iii. Other planting material, including ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations, covering at least 75% of the frontage. iv. Except where occupied .by planting.beds, all side and rear yard perimeter landscaping area shall be sodded or seeded. B. Abutting Non,Residential Property: i. Where a parking lot abuts property zoned for non-residential use, landscaping shall be provided across fifty percent (50%) of that portion of the parking lot abutting the property line to a minimum height of three (3) feet. Such landscaping shall consist of berms, shade and ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials. Plantings may be placed in clusters, containing seven (7) to nine (9) shrubs per cluster, spaced at intervals of approximately thirty-five (35) feet along the property line. ii. Except where occupied by planting beds, all side and rear yard perimeter landscaping areas shall be sodded or seeded. Sec. 14.2307. Foundation Landscaping A. Setback A landscaping area a minimum of ten (10) feet in width shall be located around the perimeter of all buildings. B. Coverage Required foundation landscaping areas shall remain open and free of all paving except where walks to buildings and other .similar paving is required. C. Landscaping Materials Foundation landscaping shall be provided for all buildings. Such landscaping shall consist of shade and ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials. Particular attention shall be paid toward screening mechanical equipment, bicycle parking areas, and loading docks; softening large expanses of building walls; and accenting entrances and architectural features. D. Ground Cover Except where occupied by planting beds, all foundation landscaping areas shall be sodded. Sec. 14.2308. Perimeter Landscaping A. Applicability All non-residential and multiple family developments shall provide perimeter landscaping in accordance with the provisions of this Article. When a parking lot is located on the perimeter, the requirements of Section 14.2201, parking lot landscaping, shall be adhered to. B. Non-residential Property Abu~ng Non-ResidentJal Property Where non-residential property abuts property zoned for non-residential use, landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of seventy-five (75) feet 'apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 2. 'Other landscaping materials, including berms, ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at appropriate locations along the abutting property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall be sodded or seeded. C. Non-Residential Property Abuttlng Residential Property Where non-residential property abuts proPerty zoned for residential usel landscaping shall be provided as follows: 1. In addition to the required fencing, landscaping shall consist of berms, trees, evergreens, shrubbery, hedges, and/or other live planting materials. 2. Shade trees shall be provided at the equivalent of not more than seventy-five (75) feet apart along the abutting property line. Such trees may be clustered or spaced linearly as determined appropriate. 3. Except where occupied by planting beds, all perimeter landscaping areas shall be sodded or seeded. D. Multiple Family ResidenlJal Property Where multiple family residential property abuts other property, landscaping shall be provided as follows: 1. Shade trees shall be provided at the equivalent of not more than seventy-five (75) feet apart along the abutting, property line. Such trees may be clustered or spaced linearly as appropriate. 2. Other landscaping materials, including berms, if possible, ornamental trees, evergreens, shrubbery, hedges, and/or other live planting materials shall be provided at intermittent locations across fifty percent (50%) of the abutting property, line. Shrubs shall be placed in clusters containing seven (7) to nine (9) per cluster, spaced at intervals of approximately thirty-five (35) feet along the abutting property line. 3. Except where occupied by planting beds, all perimeter landscaping areas shall be sodded or seeded. E. Screening of Refuse DispOsal Areas All refuse disposal areas shall be screened on at least'three (3) sides, by a solid wood fence or an equivalent screening material to a height of six (6) feet. Sec. '14.2309. Tree Preservation A.. Tree Removal Procedure 1. No tre® having a caliper of four (4) inches or greater shall be removed from any proposed development site prior to final site plan approval without meeting the requirements of this Section. This Section does not apply to tree removal by individual homeowners on private property. Section 9.502 provides standards for removal of public property trees. 2. The application for a tree removal permit shall be accompanied by: a. A wdtten statement indicating the reason for removal of the tree. b.. A general description of the tree to be removed. c. A tree survey of the general area (as determined by the DePartment of Planning) surrounding the tree to be removed. The tree survey shall consist of trees 4" caliper and above and include a listing of species. d. Arguments for removal under 9-1.C.3 and 9-1.C.4 shall be accompanied by a report from a certified arbodst if requested by the Department of ~ Planning. 3. The Village 'of Mount Prospect shall approve an application for a tree removal permit if one (1) or more of the following conditions is present: a. It is necessary to remove a tree which poses a safety hazard to pedestrian or vehicular traffic or threatens to cause disruption of public safety. b. It is necessary to remove a tree which poses a safety hazard to structures. . . c. It is necessary to remove a tree which is diseased or has been weak- ened by age, storm fire or other injury. d. It is necessary to observe good forestry practice, i.e., the number, of healthy trees a given Parcel of land will support. 4. When a tree removal-is occasioned by any development or land use requiring the submission of a Site Plan, or Subdivision Plan, the said plan shall, upon approval by the Village, constitute'a tree removal permit. B. Protecl~on of Ex]s~ng Trees The following materials are required for all development activity requiring Site Plan Review. 1. A tree survey indicating the location, size, and specie of all trees located on the parcel with a caliper of four (4) inches or greater. 2. Every reasonable effort shall be made to retain existing trees on the aforementioned tree survey through the integration of those trees surveyed into the site and landscaping plans for a proposed development. 3. A tree preservation plan indicating, at a minimum, the location of thosa trees to be preserved and the methods which are to be used to preserve such trees. This tree preservation plan shall specify the following:. a. The following preservation techniques shall be employed; i. All grading and construction equipment shall be forbidden from encroaching within the drip line of a tree. ii. Crushed limestone hydrocarbons and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any .higher location where drainage toward the tree could conceivably effect the health of the tree. iii. Snow fencing shall be temporarily installed at the periphery of the tree's ddp line. iv. No grade changes shall be allowed under ddp line of any trees located on the tree survey. b. The methods which are to be used to preserve those trees shall be dearly specified. If, in the opinion of the Village of Mount Prospect, the necessary precautions as specified in the tree preserVation plan where not undertaken before or maintained during construction, the land development permit for the parcel shall not be issued or, if previously issued, shall be revoked until such time as these precautions have been complied with. 4. In the event thata tree designated for preservation is destroyed or razed during the construction process, such trees sh~ll be replaced with new trees in accordance with the following: Calip..er (in Inches)Number of Replacement Trees 30 or greater 6 13-29 5 4-12 4 For the above, in the event of fraction of an inch, if a fraction is less than one-half (1/2) inch, the lower full number above shall be used. If a fraction ia one-half (1/2) inch or greater, the higher number shall be used. 5. All replacement trees shall have a minimum caliper of four (4) inches. 6. Replacement trees shall be limited to the following species: a. Linden. b. Maple (excluding Silver Maple and other similar softwood species). c. Hackberry. d. Ginkgo. e. Oak. f. Ash. g. Thornless Honeylocust (cultivars). I1. Tulip Tree i. Horse-Chestnut j. American Beech, k. Purple Leaf-Beech I. European Beech m. Maidenhair Tree n. Moraine Honey-Locust o. Christine Buisman Elm 7. Removal of trees designated for preservation shall be allowed only by amending the Landscape Plan. The amended landscape plan shall indicate the location, specie, and size of all replacement trees. ARTICLE XXIV DEFINITIONS SECTION: 14.2401. Purpose Sec. 14.2401. Purpose in the construction of this Chapter, the definitions contained in this article shall be observed ancl applied, except when the context clearly indicates otherwise. In further amplification and for cladty of interpretation of the context, the following definitions and rules of word use shall apply. 'Words contained in this Chapter and not defined hereinafter, shall assume definitions as prescribed in Webster's unabridged dictionary (1979 edition). ABUTTING Having a common border width, or being separated from such a common border by a right-of-way, alley or easement. ACCESSORY A subordinate structure detached from but located on STRUCTURE the same lot as the principal structure, the use of which is incidental and accessory to that of a principal structure. 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. ALLEY A public or private way permanently reserved as.a' secondary means of access to abutting properties. AMUSEMENT Any machine, game, table or device which is designed, DEVICE intended or used as a test of skill and may be operated by the public upon insertion of coin, or token, or the use of which is made available for any viable consider- ation; and is operated by the manipulation of buttons, dials, trigger, devices or electrical impulses. ANTENNA A system of wires, poles; rods, reflecting disk, or similar devices used for the transmission or reception of electro magnetic rays, external to or attached to the exterior of any structure APPLICANT The property owner or his authorized representative proposing that a parcel of land be subdivided, rezoned, and/or receive approval for a Conditional Use, text amendment, variation or change in the Comprehensive Plan. APRON An extension of a ddveway lying between the right-of- way line and the curb and gutter (or the pavement edge if there is no curb and gutterl of the street. Main- tenance is normally provided by the owner of the extended ddveway. AUTOMOBILE A business establishment which shall include major GARAGE repair of motor vehicles, .including the rebuilding of engines, or major reconditioning or reconstruction of worn or damaged motor vehicles or parts thereof, body, frame o£ fender, straightening, or reconstruction in painting of vehicles or parts thereof. AUTOMOBILE A business establishment which shall include incidental MAINTENANCE or minor repair of motor vehicles, including the replace- AND SERVICE ment of worn or damaged parts in minor motor or tune- CENTER up services, but not including the sale of gasoline products or any operation included within the definition of (automobile garage). AVVNING A roof-like structure made of cloth which projects from a building for the purpose of shielding a doorway or window from the elements. BASEMENT That portion of a building having more than one-half of its floor to ceiling height below the average level of the adjoining finished grade. BENCHMARK A permanent or semi-permanent physical mark of known elevation referenced to a recognized datum. BLOCK A track of land bounded by streets, or combination of streets and public parks, cemeteries, railroad right-of- way, waterway shorelines, or boundary lines of munici- palities. · BUILDING Any structure permanently affixed to the ground, used or intended for supporting or sheltering any use or occupancy. BUILDING, Any structure erected prior to the adoption of the EXISTING appropriate Code, or one for which a legal building permit has been issued. BUILDING LINE The line established by law, Beyond which a building shall not be erected or extena, except as specifically provided by law. BUILDING, The primary structure or building located on the lot PRINCIPAL which houses the permitted use or Conditional Use within the Zoning District. CERTIFICATE OF The certificate issued by the Village which permits the OF OCCUPANCY use of a building, in accordance with the approved plans and specifications, and which certifies com- pliance with the provisions of law for the use of ocou- pancy of the building, together with any special stipula- tions or conditions.of the building permit COMPREHENSIVE The Plan for the long-range growth and development PLAN of the Village including graphic and written proposals and supporting or implementing documents, as are adopted and amended from time to time. COMMERCIAL/ An establishment which offers specific courses of BUSINESS classroom instruction, for profit, to the general public, SCHOOL in business, trade, i'ndustry or other trained skills; but does not offer academic instruction equivalent to the standards prescribed by the School Code of Illinois. COMMON OPEN A parcel or parcels of land intended to provide light SPACE and air, and designed and intended for the common use or enjoyment of the residents or occupants of the development. COMMUNITY A singi'e d~Jling unit occupied on a relative permanent RESIDENCE basis in a family-like environment by a group of un- related persons with developmental disabilities, plus paid professional support staff provided by a sponsor- ~ng agency, either living with the residents on e twenty- four (24) hour Pasis, or present whenever residents with developmental disabilities are present at the dwelling; and (=om plied with the zoning regulations for the district in which the site is located. COND'ITIONAL A use that owing to some unique characteristics atten- USE dent to its operation or installation, is permitted in a district subject to approval of the Village Board, and subject to special requirements, different from those usual requirements for the zoning district inwhich the Conditional Use may be located. CONTROL OR Any person, agent, firm or corporation having'a legal OVVNERSHIP or equitable interest ir1 the property or having the legal authority to act on behaff of.all owners, which shall be evidenced by deed, contract or other written guarantee. CUL-DE-SAC A local street, one end of which is closed and consists of a circular turn-around. DAMAGE Any di~ct loss of property by fire, windstorm, flooding or act of God. DAY CARE A building where care, protection, and supervision are CENTER provided on a regular schedule at least twice a week to at least eight (8) preschool or elementary school age children or both, including children of the adult pro- vider, or persons with disabilities related to age who require supervision, for a period of less than twenty-four (24) hours per day. DAY CARE, Day care home is a family home which receives a LIMITED maximum of eight (8) children for less than twenty-four RESIDENTIAL (24) hours per day where tuition, fees, or other forms of corn pensation for the care of children is charged. The maximum of eight children includes the family's natural or adopted children and all other persons under the age of twelve (12). The term does not include facilities which receive only children from a single household. Day care homes should meet all applicable Village and State requirements. DENSITY The number of dwelling units permitted per net acre of land. DETENTION (Dry The temporary on-site storage of storm water runoff, Storage) which does not include any permanent water surface. DEVELOPMENT All structures and other modifications of the natural landscape above and below ground or water on a particular site. DEVELOPMENT A specific construction program detailing the phases, SCHEDULE stages and timing of construction. DEVELOP- A disability attributable to mental retardation, cerebral MENTAL palsy, epilepsy, autism, or similar physical or mental DISABILITY conditions which are manifested in the early stages of life and expected to continue indefinitely. DIRECTOR The Director of Planning of the Village of Mount Prospect, and/or his duly authorized agent(s). DRIVE-IN A food service establishment with or without interior RESTAURANT & facilities for eating which caters to and permits the DRIVE-IN FOOD consumption of food either in customers' automobiles ESTABLISHMENT parked on the premises, or in any other designated area on the premises, outside the establishment where the food is prepared. DWELLING A building, or portion thereof designed or' used ex- clusively for residential occupancy. Not included are hotels, motels, rooming, boarding or lodging houses. DWELLING,' A building, or portion thereof consisting of three (3) or Multiple-Family moro dwelling units. DWELLING, A building, structure or portion thereof containing three Single-Family, (3) or more attached single-family dwellings where the Attached units are primarily connected horizontally. DWELLING, A building containing a single dwelling unit only, which Single-Family, is separated from all other dwellings by open space. Detached DWELLIN(.~, A building consisting of two (2) dwelling units which · Two-Family have been attached. DWELLING UNIT One or more rooms physically arranged so as to create an independent housekeeping establishment for occu- · pancy by one (1) family with separate bathroom and facilities for cooking and sleeping. EASEMENT An authorization or grant by the property owner of one or more of the property rights for the use by another person or entity for a specific purpose. FAMILY: One or more persons related by blood, marriage or adoption or a group of not more than five (5) persons not so related, maintaining a common household in a · dwelling unit. FAMILY A single dwelling unit occupied on a relatively per- COMMUNITY manent basis in a family-like environment by a group RESIDENCE of no more than eight (8) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) hour basis or present whenever residents with developmen- tal disabilities, are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. FLOOR AREA Determined.by dividing the number of square .feet of RATIO (F.A.R.) gross floor area of living space in all buildings on a lot by the square feet of area. of that lot. FLOOR AREA The sum of the gross horizontal living space of all (Gross) floors of a building, including principal and accessory uses and storage areas as measured from the extedor face of the extedor walls. Gross floor area shall exclude: a. Areas Jsad for storage of building, mechanical and HVAC equipment, and b. Intedor parking areas, c. Intedor loading docks. d. Basements and garages in single-family dwellings. FRONTAGE The narrowest portion of a lot or parcel which abuts a public street. GRADE The elevation above m. ean sea level used for establish- ing the following: a. Natural Grade - the normal contour of the land pdor to alteration or improvement; b. Base (established) Grade - the average elevation of the established curb extending the width of the front of the lot, or where no curb is established, the average elevation of the crown of the street adjacent to the front of the lot; c. Finished Grade - the elevations or contours result- ing from excavation or filling as approved by the Village. GROUP A single dwelling unit occupied on a relatively per- COMMUNITY manent basis in a family-like environment by a group RESIDENCE of nine (9) to fifteen (15) unrelated persons with developmental disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a twenty four (24) house basis or present whenever residents with develop- mental disabilities are present at the dwelling; and complies with the zoning regulations for the distri .ct in 'which the site is located. GUARANTEE A form of security, including cash escrow, letter of credit, or surety bond, acceptable by the Village to assure that required improvements are completed, operating properly and/or adequately maintained. HARDSHIP A practical difficulty in meeting the requirements of this Chapter 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. HEIGHT The vertical distance, measured in feet, from the base grade to the average height of a fiat, mansard or gam- brel roof or the mid-point of hip .or gable roof. Not included in the measurement are mechanical pent-' houses, chimneys and steeples. HOME An accessory use conducted completely within a OCCUPATION dwelling unit and clearly incidental and secondary to the Use of the dwelling for residential purposes. No home occupation or part of any home occupation shall be conducted in a garage. A home occupation may include a for-profit home business or a home office for a resident who may work for another employer, or contract or consult with another company or individual. Any home occupation or home business is subject to · · the appropriate standards of this Chapter. HOTEL/MOTEL/ An establishment which provides lodging accommoda- MOTOR INN fions for transienf guests where less than twenty Percent (20%) of the rooms are used or intended for occupancy by permanent guests. A hotel' shall' provide maid sen/ica, linen service, telephone and desk sen/ica, and the use and upkeep of fumitura. Said establishments shall exclude boarding or lodging houses, and apartment hotels. IMPERVIOUS A surface that has been compacted'or covered with a SURFACE layer of material so that it is highly resistant to infiltra- tion by storm water. Such surfaces include hard pave- .. ments, such as, concrete, asphalt, brick, slate, gravel and boulders; wood decks and structures. IMPROVEMENTS Any building, structure, object or change to the natural state of the land on which they are situated which increases its utility, value, or habitability. IMPROVEMENT, Any improvement for which the responsibility of owner- PRIVATE ship and maintenance will be retained by the property owner, lessee, or association Of owners. I M P R O V E M E N T, Any improvement for which the responsibility of owner- PUBLIC ship and maintenance will be assumed by the Village, another governmental unit, or a public utility, or which is constructed for general public use or benefit. LAND 0SE CODE The classification for land use as determined by the Standard Land Use Coding Manual, Bureau of Public Roads, Department of Commerce, 1965 as amended; or the most appropriate code, as determined .by the Director of Planning, if an appropriate code does not exist in the Standard Land Use Coding Manuel. LOT AREA The horizontal area within the lot lines of a lot, measure¢ in feet. LOT, CORNER A lot abutting upon two (2) or more streets at their intersection. LOT DEPTH The average, horizontal distance, measured in feet, between the front and rear lot lines. The distance shall be measured from the mid-point of the front lot line to the mid-point of the rear lot line. LOT, Flag A lot with access provided to the bulk of the lot by means of a narrow corridor. LOT, Interior A lot other than a comer lot. LOT LINE A recorded property boundary line of any single lot which divides one lot from another lot or from a right- of-way. LOT LINE, A recorded property boundary line which divides a lot - Exterior from a road right-of-way. LOT LINE, Front A recorded property boundary line separating the front yard from a road right-of-way. LOT LINE, A recorded proper~y boundary line which divides one Interior Io! from another lot. LOT LINE, Rear A recorded property line boundary that does not inter- sect a front lot line and is most distant from and most closely parallel to the front lot line. A lot bounded 13y only three (3) lot lines will not have a rear lot line. LOT LINE, Side Any recorded property boundary line other than a front or rear lot line. LOTOF RECORD A designated parcel of land identifiable as a single separate tract which is part of a subdivision, the plat or deed of which has been recorded or registered with the appropriate county office pursuant to 765 ILCS 205 (Plat Act Illinois Corn piled Statutes) and which is intended to be used, developed or built upon as a unit. LOT, Unimproved Any lot or tract of land which is unoccupied by any building or above-ground structure and upon which no construction has commenced. LOT WIDTH The horizontal distance between side lot lines, mea- sured in feet at the required front setback line. LOT, Zoning A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. The single tract of land may or may not coincide with a lot of record. OWNER Any person, agent, firm .or corporation having a legal or equitable interest in the property. · PARK An area open to the general public and reserved for recreational, educational, cultural, or scenic purposes. PARKING LOT An open area, other than a right-of-way, which is ac,~essory to the principal use of the lot and which is intended and used for the storage of private motor vehicles by the owners, employees or patrons of the business or industrial use, or by the members of the family or families residing upon the premises. Such area shall be used for parking vehicles or trailers on an approved surface. PARKWAY That part of the public street right-of-way not occupied by the street pavement and located between the back of the curb and the sidewalk, or the right-of-way line if no sidewalk exists, as well as the raised dividing strip of a roadway. PETITIONER Any person filing for any variation, Conditional Use permit, zoning amendment and/or appeal, change in the Comprehensive Plan and/or subdivision. PLAN The Commission of appointed officials authorized by COMMISSION the Village Board to review subdivision plats, hear requests for Development Code variations and chang- es in the Comprehensive Plan. PLANNED UNIT A parcel of land, or contiguous parcels of land of a size DEVELOPMENT sufficient to create its own character which is planned and developed as a single entity, containing two (2) or more principal structures or uses, with appurtenant common areas and which is under single ownership or control. The Plan does not necessarily correspond in lot size, bulk, type of dwelling, use. lot coverage or required open space to the sites designated zoning district classification. The site may be planned and developed as a whole in a single development opera- tion or. in planned development stages. PLAT A map or chart of a parcel(s) of land. PLAT, FINAL A map of all or part of a subdivision or resubdivision and any supporting documentation, providing substan- tial conformance with the engineering and site plans. PLAT OF SURVEY ~ map of a parcel or lot depicting boundaries of the property, and the location of all buildings, structures, and imprOvements with precise dimensions indicated. PRINCIPAL A building or buildings in which the pdmary use on a BUILDING lot on which the structure(s) is located is conducted. .. PRINCIPAL USE The' main use of land or structures, as distinguished from a secondary or accessory use. PUBLIC UTILITY Any person(s), firm, corporation, municipality or other public authority providing natural gas, electricity, water, telephone, telegraph, storm sewer, sanitary sewer, cable television, transportation or other services of a similar nature. RECREATION A building, buildings, or use of land operated on a CENTER profi.t basis, with or without membership requ rements, for the provson of entertainment, sport, or . health/exercise facilities directly to the consumer, including and.limited to racquet facilities, swimming pool, exercise and weight lifting facilities, basketball courts, jogging track, sauna, whirlpool, suntan booth and accessory uses. RECREATIONAL Every vehicle Every vehicle or other transportation EQUIPMENT equipment designed to be used primarily for recreation- al purposes, including, but not limited to the following: Boat. Any vessel used for water travel. A trailer upon which a boat is mounted shall be deemed to be a boat for purposes of this Chapter and such a boat is main- tained on a trailer the two shall be .considered as one vehicle. Camoinq Trailer. A trailer constructed with partial side walls which fold for towing and unfold to provide temPorary living quarters for recreational camping or travel use and of a size or weight not requiring an over-size permit when towed on a highway. Motor Home; Mini Motor Home or Van Camper. A self-contained motor veh cie des gned or permanently converted to provide living quarters for recreational, campingor travel use, with direct walk through access to the living quarters from the ddver's seat. Such vehicles must include at least four of the following: -A cooking facility with an on-board fuel source -A gas or electric refrigerator -A toilet with exterior evacuation -A heating or air conditioning system with an on- board power or fuel source .separate from the vehicle engine -A potable water supply system that includes at least a sink, faucet, and a water t a n k with an exterior service supply connection Offthe Road Vehicle~ A vehicle intended principally for recreational off-road use, such as a dune buggy, go- cart, ATV or snowmobile. Racinq Car or Cycle, A vehicle intended to be used in racing competition, such as a race car, stock car or racing cycle. Travel Trailer. A trailer designed to provide living quarters for recreational, camping or travel use, and of a size or weight not requiring an oversize permit when towed on a highway. Truck Camoer. A truck, not used commercially, when equipped with a portable unit designed to be loaded onto the bed which is constructed to provide temporary living quarters for recreational, travel or camping use. Vehicle Trailer. A vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. Qther Recreational Equipment. Other wheeled items which are designed for recreational'use but not meet the exact definitions of items defined in herein. REHABILITATION Any residential facility located in a dwelling, under HOME Federal, State or Municipal licensing, Which provides a home environment with room and board and re- Pe~%~al counseling or other rehabilitative services, generally of nonmedicel nature, to not more than twenty-five (25) individuals who require special- ized assistance in order to achieve personal inde- pendence: A rehabilitation home is limited to mentally ill, chemically dependent, or alcohol dependent individ- uals and abused individuals. ' RESEARCH "A building or group of buildings in which are located LABORATORY facilities for scientific research investigation, testing or experimentation, development or research of products or of new and emerging technology, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory or as otherwise permitted in this Article. RESIDENTIAL Any residential facility which under State or Municipal CARE HOME licensing, provides a home environment with {ervices or treatment to perso.ns with certain physical, mental, or social disabilities while functioning as a single unit. A residential care home shall include the following: family care home, group care home, and rehabilitation home. RESTAURANT, A retail establishment where food and ddnk is prepared CLASS I (Conven- and served to be consumed at a table or counter on tional, Sit-Down) the premises and served pdmadly in. or upon non- disposable containers. Any serving of alcoholic beverages shall be incidental to the serving of food. RESTAURANT, A retail establishment where both food and liquor are CLASS II (Pub) prepared and served to be consumed on-premises and served pdmadly in or upon non-disposable containers. RESTAURANT, A retail establishment where food is prepared and CLASS III (Take-' served primarily in disposable containers for consump- Out) tion off-premises. RESTAURANT, A retail establishment where food and drink is prepared CLASS IV (Fast and served primarily in or upon disposable containers Food) for consumption either on or off-premises. RESUBDIVISION The division or consolidation of a previously divided lot or parcel; including alteration of public rights-of-way, easements and other changes of the subdivision. RETAIL Any building or use where the pdmary occupation is ESTABLISHMENT the sale of merchandise an(~ services directly to and for use by consumers, except not institutional, commer- cial and industrial consumers or for resale. RETENTION (Wet The permanent on-site storage of storm water runoff. Bottom) RIGHT-OF-WAY A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, utility, parkway trees, or other similar use. SHOPPING A business development containing four (4) or more CENTER indoor retail stores, connected by party walls, devel- oped under one ownership, with an integrated building arrangements having an aggregate floor area of more than twenty, thousand (20,000) square feet, which developed with its off-street accessory parking facilities shall be considered as a single unit. Shopping centers shall include all retail sales and service facilities :except drive-in and/or automotive sales and service. SHOPPING A business development containing ten (10) or more CENTER, indoor retail stores connected by party walls and deve- REGIONAL loped under one ownership, with an integrated building arrangement, having an aggregate floor area of more than one hundred thousand (100,000) square feet and · lOcated on a lot at lest twenty (20) acres in size with off-street accessory parking facilities. The develop-' ment shall be considered as a single unit. SiTE PLAN A plan~ prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses, parking, landscaping, and principal site development features proposed for a specific parcel of land. STREET An area which Provides for vehicular and pedestrian * access to abutting land or to other streets. A "street" includes the entire right-of-way and any improvements which may be loCated within the right-of-way. Freeway: A controlled access roadway designated by the Federal government as an Interstate Highway designed to carry large volumes of traffic throughout the metropolitan area. Arterial: A street intended for continuity to carry traffic beyond the Village boundaries with principal emphasis on access control and maximum volume capacity. Collector: A secondary street intended to carry traffic from local streets and abutting land to arterials. Local: A street intended to provide direct access to abutting properties. Fronta.qe Road: A street parallel and adjacent to an artedal designed to provide direct access to abutting properties or local streets and with controlled access to the arterial. Cul-de-Sac: A local street which is designed with on end permanently terminated by a vehicular turnaround. Private Street: An undedicated street which is privately owned and maintained; Public Street: A street which has been formally dedi- cated to and 'accepted by a public body. STRUCTURE An object that can be built and is permanently located in or upon the land and/or permanently aff'D(ed to such an object. STRUCTURAL Any change'in the supporting members of a structure, ALTERATIONS including bearing walls, columns, beams and/or gird- era, SUBDIVISION A division of land, lot, tract or parcel into two (2) or more lots, parcels, plats or sites, or other divisions of land for the purpose of sale, lease, offer or develop- ment. TAVERN/ A building or portion thereof where alcoholic beverages LOUNGE are sold to be consumed on the premises. Such facilities would not inciude restaurants where the principal business ~s serving food. ;TERRACE A landscape treatment of mounded earth, rock wall, railroad tie wall, or' other retaining device used to modify steep grade differences on a lot. A terrace shall not include a patio or deck surface. THEATRE Any building or structure designed for the enactment of dramatic or of musical performances and/or showing of motion pictures with audience seating and open to the general public without age restrictions. A dinner- theatre shall be deemed a restaurant. TRUCK Either end of a carrier line or junction joint with other TERMINAL lines having classifying yards or dock facilities, man- agement offices, storage sheds and freight ancl pas- senger stations for State licensed trucks. USE Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied. Also, any activity, occupation, business or operation carried on, or intended to be carried on, in or on a structure or on a tract of land. VARIATION A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable use of the building, structure or property which, becausa of unusual or unique circumstances, is denied by Village Code. VILLAGE The Village of Mount Prospect. VILLAGE Village Manager of the village of Mount Prospect. MANAGER WAREHOUSE, A business that receives and stores goods of others for STORAGE compensation or profit. WHOLESALE Any building, business or use where the primary ESTABLISHMENT occupation is the sale of merchandise and gross for resale to the retail dealers and/or use or resale of merchandise by institutional, commercial, and/or industrial businesses. YARD The required minimum open space on a lot between a lot tine and building setback line which is unoccupied and unobstructed from grade upward, except as provided in the General Provisions of this Chapter. YARD; Extedor Side A side yard abutting a street. YARD, Front A yard extending along the full width of the front lot line between the side lot lines and the front building set- back line. YARD, Intedo~ Side A side yard adjacent to another lot or tract of land. YARD, Rear A yard extending across the full width of the lot and line between the rear lot line and the nearest building setback line. YARD, Side A yard extending along the side lot line from the front yard to the rear yard and measured between the side lot and building setback line of the property. ZONE A mapped area of the Village of Mount Prospect, exclusive of streets, alleys and other public ways, within which certain uses of land, premises and build- ings are permitted when constructed and used in accordance with Village Code. ARTICLE XXV APPENDIX IHustrattons A. Lot width and lot depth explained: ol B. Build~-S height: .~~ C. Required yards illustrated: REAR LOT LINE -REAR YARD ~.XTERIOR SIO~. YARD FRONT ~T D. Transitional yards: E. Lot types: INTERIOR CORNER LOT REVERSED - ' CORNER LOTS THROUGH LOT ~ ' STREET . '~.'. chapter 14 ~ ~' SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval' and publication in pamphlet form as provided by law. AYES: · NAYS: ABSENT: PASSED and APPROVED this __ day of , 1993. Gerald L. Farley Village President ATTEST: Carol A. Fields Village Clerk Chapser 14 SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publ.ication in pamphlet form as provided by law. AYES: Clowes, Corcoran, Hoefert, Wilks, Skowron NAYS: None ABSENT: Hendricks PASSED and APPROVED this 21st day of September , 1993. Village PresidenYt// ATTEST: / Carol A. F~elds Village Clerk