HomeMy WebLinkAboutIV. COW Agenda Item Proposed Code Changes Chapter 14 Zoning 04/14/2009
Zoning Code Update
(Village Code Chapter 14)
Proposed changes to code are shown according to the following:
. Old text - standard font
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. Text to be removed ",,, " ,',
. Narration - Text box providing description of proposed changes,
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Village of Mount Prospect
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1 Blue Jay Court Townhomes f
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4 . Founders Row'. !
.. -"S'" ~-Hill"Sireet -" ----".. w~...._ - -.". ."------".-.- -.-- ........-.-..--h....-i
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6 : Liberty Square Townhomes ... '.. .I
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- '8 : Stone Gate Manor . i
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10 iVillas of Se....es I
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. Dewlopments which haw been approwd but not yet fully :
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land Use Table 1
Business and Industrial Districts
KEY: P-Permitted; C-Conditional Use If I I
space is blank use is not permitted in zoning I
I
district I
-------------- ----- ---------------- - ----- --- 'B2l 831- 84is5 I 8SCIa/RIM
Business Type 81
Accessory Uses & Buidlings P
Accessory Uses (10% retail of permitted uses) p
Amusement est. ,C i( C ".'" C,,>
,., ~' .' -,
Amusement est. indoor only C P
Animal daycarerceriter";.:J01:,'~:.tJi's;' ''i.t:.~:~ ~,,.;'j.'~ ~:"".'c,!,"",.,w,i"'j", ,;; C' ~,C, C;r
.' --'I', ,~, (,~.~''''''' ,,,,,"'"''
Anim.a/.l1ospitalana veterinary,clinics ;,'~; "";,;ji.,;"",""",., C C C
Antique Shops P P P P
Archery ranges, shooting galleries C C
Art and school supply stores P P P P
Art and woodcraft studios P P P P
Art shops or galleries (not auction rooms) P p P P
Art, sculptor, and composer studios p P P P
Asphalt manufacture C
'11 '"""",,, "'b'k,";'.\$, '" ~lC!,! ~g(
)7'
Automobile accessory stores p p p p
Automobile garages p C C C
A' t'> b"I':/"" {, , ,,(. .,. """"""',">""'E",,,,,,,.,jj:",,,,,.,,, "'ill""""'''''' fB~~ i&~J?~' X',p~:!
' u omo I e/ easmg re.n.taage.n.cles~~1;i~f}.~'!l'q.~~(i;j~~,:~f,~;'Ji'}'?:~~~'JiFii
Automobile repair and service stations C p C C C
Automobile sales, new or used C p C C
Automobile sales, new or used (with 2 acres or less) C
Bakeries P p P P P P
Banks and financial institutions C p P P P P
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1 ,.~~, ""f~~~
Bifrber~aifd13eaiJty'Scliools'I14f';li1:;;~M&'i>~'~;i1~~i;p,~+~:iJ. !~H;l~~~ "'~~~~ .,.... 'P;j~J~i :'0:
" . _ ::';.,.;~J~~;~~;;.j:; 1Z::J?",:i><~,,?}li/~'0~~~~}~'><
Barbershops p p p p p
Beauty shops p P P P P
Bedding Manufacuture p
Bicycle sales, rental and repair p p p p
Billi;fia and . '\>\'5."';:"""'" "".,.,'" ',;;,:,";"", {~c ", """
i""
Boat showroom, sales and repair C
;,"", , '.' -;;:D' ~(, ;:~P:;:: I~R,;i~
--.. ....~ ,"," "c"'"" "I%;:;>
Building material and products, sales and storage C C
Business 5ij"d' T6a{f'Sch'ools"~1t(:g~,~~~ d'''' ",,,,,,,',j,,;~,,,,
< "':' "_,,,B_,< , .~. .-" ".;",.,,~ " .:,' '",i',~F;'" ." ~1';
Business machine sales p p p p
Camera and photo supply stores p p p p
Candy and ice cream stores p p p p p
Car Wash C p C C C
Caretakers' quarters p
Carpet and rug stores, retail sales P p P P
Cartage and express facilities C
Page 1 of 6
KEY: P-Permitted; C-Conditional Use If I I 111 I ~ I I I
d:~~i::s blank use is not~ermitted i~O~ng ___ _ . __.1 _____ --.-L.=~Ll-
Business Type 81182 83 84 851 85e I O/R 111
Catering services C C C
Children's"Recreation Centers ,"',.',::;g.; \ . ",'" )~,.~;,. ': R: P"". .,' P "P:
China and glassware stores P P P P
Cloth products manufacture
C/otHirig;an&.Apf:liiiefretails'tores";;;;t~t}'.li.i'.,
Clothing and costume rental stores
Clubs and lodges
Coin and philatelic stores
Colleges"ana' Universities':~1i,s'i:J;;'1$:'1if2~~:1';,B:;::,i~:~1;\t """~' .;', ./;
Commercial greenhouses and nurseries
Co"'m'~'m' u"n'~/.ty'" "a'"n'd "Cu'ltu'a""I. C' ente"'r"'s"..~/.;t.;"..."".i)-~:\;,,;.::,!<;~;::~.;~,,..:, "';hJ,?~f},iJ'';-> Sf;:,
';. 1.1 ~Jj.. . ':~"~'"l"~~~:;:>:'F^,,~'>f1'r;~,.;~,!'1,~~~..,-.; -:t.".' ~,'" '}:,;_,
Compost collection facility
Computer offices and facilities
Computer sales, service and acc
Concrete fabrication
Contractors, construction offices, shops or outdoor storage yards
Contractors' architects' and engineers' offices and shops
Contractors' architects' and engineers' storage yards
Contractors showrooms and shops
Land Use Table 1
Business and Industrial Districts
"'.' ("2"\";',p,. P \i - PS.i: ":~p'~~i:;P} ';:i;n~.,t~~
P P P P
P P P P
C
P
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Conventioriand'iHilii6iti07f:ti'alls;;H~li~;.~~~~~~~~;t~~4:~~lti~.i~~li~
Cosmetics production
Dairy products processing and manufacture
Dairy products, retail sales P P P P
0",'...... ,.",,' "'d M' ,.,;-.c."'''''JI "''''';..J ""'r"". "'~~'ISt--;.,.n"""""''''':'~':;;:1i!;;;;;k'f' ""':1':l!,~,,'.l"i ,;-..4":l'~'!,'1 D ."'1 > D '" : D ,,' ;IIIff D .'f, 'J'I? ','I 1fty,;; D ',;.,
ance an USIC;'i'1caUamles. uu/OS',~~0{~1!:'~1,*'if,;.:t;jo~:,,;~;!t5:":f{;; ',,:,r;:';; '.'ir:;,.! '" r,;~~ ;t'ifi'r;:o~;K ...~ ,:,'i'J,0"''''''''
Day Care Centers C C C C C C
Department stores P P P P
Dressmakers P P P P P
Drive-through and drive-in est. C C C C
,,C. ','r, ~;.~.:D..H,:,.i...,+ P ~ ~::;...~> 'P""
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P P P P
P P P P
Drugstore
Dry-cleaning and laundry establishment
Dry-cleaning plants
Dwelling units on ground floor
Dwelling units, located above the first floor
Edilc:itif)'ilS/'!nstitiItio;nsi~~l~~/~~;'?~~!~;~~:('ift~:;:~;;;;h~;t4,t;~,:;:'./'DF" G ..~
EclUc3 ti 0'131 saNi ces,~~4~~1liB~'~:Stf~~~~~~, ,;fJ';::~~\t~;':it~~~'&'~~::;?(;.,
:'C'j~
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P P P P
Electrical and household appliance stores
Electronic & scientific precision instrument manufacture
Exterminating services
Page 2 of 6
,
P
P
C
P
P
C
P
C
P
C
C
C
C
P
P
P
Land Use Table 1
Business and Industrial Districts
KEY: P-Permitted; C-Conditional Use ~-~2 ~~ I I
space is blank use is not permitted in zoning -83- B4 Bsl-BSC O/Jw
district
-,
Business Type FI ,-, ;" "'c MY, ..,.. .'" ""5 ." ,.""..""'lk,"V'....'.',i,.',,,,,,,, . .'., ," " "ilj;" '..' 'i~.' ",.;'"",;,? 7~ p ,~i ;,~fp"" ~
oor. overmg tore "';;,.,"l,>-,i,-"...Y;,""",>;, ,y.",,..';<" "".;v t~i.\~;:~: j~p,
r ,:'(' \~<'.~~~{f~'::', "'~:f\ ~;~\i"'l:'~;;;:, (,;,;~>: ;:.<:::' --, x:~:,/ ~i:-:' ':+'-";,::~~-~'::';;j.',;,
Flower store P P P P P
Food manufacture C
Food store, grocery store, meat market and delicatessen P P P P P
Funeral homes C C C
Furniture store P P P P
Furrier shops P P P P
Game room C C C
Gift shop P P P P P
Glass products production C
hardware store P P P P P
Healtlifsen;,cils'~'CIubs oi'gymnasiiilf/s Wr~!~~~~\~.i';;t~tif;:, ',~'illt~i '1~~ C,F?f ",P;:'!, It'fpi ,f~p'.i
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Hearing aid stores P p P P
Heliports C C
Home improvement center(no outdoor storage) P P P P
Hospitals C
Hotels and Motels C C P P P
Household appliance p p p p
Interior decorating shops p p P P
Jewelry stores p p p p
L3b'orafoiies,~'iR(jdic31, 1!iJent3!, resoar&h::ana tcfstiltg'';j~j;'J;~.:iJ':; -:,;;....y;;, ''Q
;\t .'\<';;
Lamp and lighting fixtures p p p p
Laundries p
Laundromat, automatic, self-service only P P P P P
Lawn and garden equipment and supply P P P P
Leather goods and luggage stores p p p P
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r:ibr3ri-cs;)~mus'eirms,3iJ'd,'5ft g3/1efi(js, 'piiblic'ffid}f,~~~, ,\<.,'!'y,," ,\ 1':1 ~~p;: c,r;;
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Light assembly & repair: Jewelry Products p
Light assembly & repair: precision instruments p
Light machinery production: applicances, business machines, etc. P
Light product assembly & repair: camera equipment p
Light product assembly & repair: Electronic products P
Limited production, assembly or manufacturing C
Liquor stores, packaged goods p p P P
Lithographing p
locksmith shop p p P P
Machinery sales C
Mail order houses p
Mail order, catalog stores p p p p
Page 3 of 6
KEY: P-Permitted; C-Conditional Use If I I II I!:
space is blank use is not permitted in zoning
~~t I
Busi~ess 'Type ------------ 81 821 83 '-84 rssi-8-SC-j-O/R 11
Martial arts school P P P P
Medical and dental clinics P P P P
Medical and dental laboratories ;P G P 1~;~R)i 0' fJ,~i
MeCJic31.3iidC:lcnt:illdbor3tor;es':>-;~1~if~"'I:,;",,,:';' '" "~~".,:,,, ,
Motor vehicle sales
Motorcycle, snowmobile, or personal watercraft sales
Municipal buildings
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Music stores, '-
Musical instrument manufacture
Musical instrument sales and repair
Office and corporate Headquarters
Office machine sales and servicing
Office supply stores
Offices, business and professional
Offices, business and professional
Optician sales, retail and orthopedic and medical appliance
Orthopedic and medical appliance manufacture
Outside display and sales
Outside service areas
Paint, glass, and wallpaper stores
Paper products manufacture
Parking lots
Parking lots other than accessory parking
Land Use Table 1
Business and Industrial Districts
C ~:,;C
C
P P P
P ""lp' I.,,~.n .;~ !,., P
-0';0. ~;:,I':;k~,r' .:~~, ~(; .';;ti
,D ",D T '>>I D';;' go. ~'H
,~;'f7:'? ,~; ~;r:-~r li1t:;".~;, ~i:r:."r
P P P
P
P P P
P P P
P P P
P P P P
P P P
C
C
P P P
C P C
~:'C; J~,C;l
,~ ,
P P P
P P
c
Party supply stores -
Pet shops and grooming establishments
Petroleum tank farm &related accessory uses
Photography studios and developing of film
Picture framing
Planned Developments, industrial
Planned Unit Developments
Plastics Processing
Post office
Pottery and cermanics manufacture
Printing and duplicating
Printing and publishing establishments
Piivate'Recreaticinal Clubs ,;~;}l,tA~. ,i":'-"': \;, ,,,,,,,/,,;"";:,;',:,'y'!'Yi',:
Public utility and service uses
P P P
P P P
C C C C C
P P P
P P P
\:~Rf.;' ~;R;
c c
Page 4 of 6
,p.
p
P C P
%Rot
-
.,~o;'.k
P
P
P
P P
P
P
P
P
P
P
C
C
P
C
C
P
P
P
C
P
P
C
c
c
c
P
P
P
P
c
c P
Land Use Table 1
Business and Industrial Districts
KEY: P-Permitted; C-Conditionat Use ~ sJJ B5 ~B5C [oJ-M-
space is blank use is not permitted in ZOning__
district
Business Type 81 82
Radio and television sales, service and repair P p P P
Radion and television stations, studios and towers C P C C P
Recorded music and video rental P p P P
RCcrcati oifand'co Inmiin itycciiters:~r,~:s'~l'l!f{I">~~4f "(~,~\gr,~i':"}~"s }';;C,' "c 1',:~,rC$;i~
Recycling collection centers C
Religious Institutions C
Repair, rental and servicing of any article of which is permitted us P P P P
Research laboratories and testing facilities p
4'L~. ~ f'~C "; (:~
':~'1fiml"";"';';;',) 'W,~ 'f,t'::8'i
Restaurants, including entertainment and dancing p p p p c
~~S~;fy[a,riJ~otJncJiJdjng('Q"Jg~i;'lp~nt ar(d a31J~j!1fl~ p p p p p C -C2
I _'~. ,,);';6"'h .".."".",,", ,n'> ,',,!I. ;;""," ~,R;:~ I(;l\p'(~ /l~'~~~, f.-!,:!oit
. '''' . f'-'~.:wS ,,;' ;~r,;;..>if'
Secondhand stores and rummage shops p P P P
Sewing machine sales and service, household appliances P p P P
Shoe and boot manufacture p
Shoe and clothing repair shops p P P P P
Shoe stores p p p p
Sporting goods manufacture p
Sporting goods stores p p p p
Sp'ons"iTraining"a/1d~T ea!:hiHg'Es~a6Iishrrients;~~ij~~~~~,~~~ -,;;'\ ;0;,
'141L'"
Stadiums, auditoriums and arenas C ~.C.'
St3'aiurns;~3t.iaitoii ums '3na,3(en3sYopp;:r~r:}enf:rOs'eaX~~ ~C'
Tailor shops p p p p
Tanning salon p p p p
Taverns and cocktail lounges p p p p
Taverns and cocktailloungs not inc. entertainment C
'.,," 1.",.....,(; I,~~......,,;r ~rB
T::2vi ,~!,A.;""" "i'- "'" I'F;"
Telegraph offices p p p p
Theaters, drive in C
Theaters p p p p
Ticket agenies, amusement p p p p
Ticket, indoor p p p p
Tobacco shops p P P P
Towing""" i"~' ~iP"
Toy shops P P P P
Trade or vocational schools p C
Trailer and camper sales and rental C
Transfer stations for refuse disposal C
. ." ",' c;:;:- ,,", I';c Ai" ,..:',~,
, '. "0;:,"""7'
Travel agencies p p p p
Page 5 of 6
Land Use Table 1
Business and Industrial Districts
KEY: P-Permitted; C-Conditional Use ~B1+JJ I I
space is blank use is not permitted in zoning
district
Business Type 81 82 83 84 85 85e O/R 11
Truck sales, rental and repair C
ViJriet}r'stO"ics .~,~j\~tW~~~~t~;.;~,~~,t~~:iF.s;~:' "',c;,','" ~;;,.,' ',;'. ,. " .".. P p' :0: p..~~ 'p' ';~,P ';;'
"" ;,,;r,.'h '$.""''', '.
Warehouse, distribution & storage facilities P P
Watchman's quarters P P P P d~.
We~ring apparel manufacture P
We"'" ....,,," ,_xci.."",,,. I "h "" i.~.,";~!'~P'YC!fr;~:i;q1f;;;i~',l;i~f,'~;.:>\",l',\;, c"';""1r, R~ ,";P'c.t ~r~~~qi. ;~p';;g \,~n~X~:
, :1f1ng :JPp:1re ,.5 OpS ,J"lk~,,"J'"'''i.''''C';'\~~''' ".'zo "" . '. ,.',.
Wireless service P P P P P P
Woodworking & wood products manufacture P
I
I
I
Page 6 of 6
land Use Table 2
Residential Districts
KEY: P-Perm itted; C-Conditional Use; If space is ~ CR I RX~-R1kk I I
blank use is not permitted in zoning district R3-j-R4--h~5
Business Type
Accessory Structures P P P P P P P
Accessory Structures Greater than 30 ft in height C
Attached single-family homes P
worship P' P* P' P* P*
CircularlDual Frontage Driveways C' C C C
Colleges and Universities C C C C
Community Centers C
Conservatories C
Convalescent Homes I Nursing Homes C
Cultural Institutions C C C C
Daycare Center C C C C C
Daycare Home P P P P P P
I;'[~~C'~ ~",:'C.tl, ;~(,.C:" ~C;& ;;'C'
Detention or Retention Facilities C
Elementary Schools P' P* P* P* P*
F aff1.iIY::c:ommUI1.itY.ReSideric;'e]5'CirJes'~cuJ~~.f!~tl -
~r~~:n~:~~rth"di~abintre~~~~d~~~apa~R"'~t~ff).;
p...
Family Community Residence (located at least 1,000 ft
from another family community residence) P P P P P P
Family Community Residence (located within 1,000 ft of I~{~~'I
another family community residence) C C C C C
Foster Care Homes P P P P P P
Garages for parking of commercial vehicles C C
Golf Courses P
Group Community Residence C C C C C *,c ,;
High Schools P' P* P' P* P*
Home Occupations P P P P P P
Libraries
Lighted Ball Fields C
More than one garage C C C C
Multi.family dwellings P P
Municipal Buildings P' P* P* P* P*
Museums C . ",.::; n!J";~.
Nature Presevation Areas P
Parks and Playgrounds P ,'Z~j8
Planned Unit Developments C
Private or Parochial Schools P' P* P* P* P*
Public recreational facilities P
Recreational Complexes C
Rehabilitation Homes C C C C C C
Residential Planned Unit Developments C C C C C
Single-Family Detached Dwellings P P P P P
Studios C
Page 1 of 2
Land Use Table 2
Residential Districts
KEY: P-Permitted; C-Conditional Use; If space is RXWRJR21R3 R41 R5-
blank use is not permitted in zoning district
Business Type CR
Tennis Courts, Swimming Pools, Volleyball Courts, and
similar recreational facilities P
Two-family dwellings P P
residence C C C C C C
Unlighted Ball Fields P
Wireless Service Facilities P p P P P P P
Senioi;Hollsing,whehapprove~ ,a~parto.ta ~UD""'"';i'!!: ":', ~,C 0.Ci,c;
J\~~J~ter;t'Liying F:aci~iJy;whei1 approVe'd,asJiart ota ~UD. ~.'!!.
;",;;
Publicly Subsidized Senior Housing 2,fP,;g
I I I I I I I C
* Permitted in limited circumstances. A conditional use shall be required if the following circumstances apply: 1) A residential dwelling unit is being converted to the proposed use so as to be the principle use of the structure; or
2) A new building or structure is to be constructed on property less than forty thousand (40,000) square feet not currentlv
Page 2 of 2
CHAPTER 14
ZONING CODE REGULATIONS
rml~it"tF~nerg){cmr:v.7~lmnl~Vit!'ilii!
Page 1
n.m~onrr:mm1fiy~(fii1\~1ESit!u:SysJeJifs
Page 2
14.101: TITLE:
This Chapter shall be known, cited and. referred to as the VILLAGE OF MOUNT
PROSPECT ZONING ORDINANCE. (Ord. 4590, 9-21-1993)
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:
A. 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.
B. To protect residential, business, commercial, and industrial areas from encroachment
by incompatible uses and to ensure that land designated by a specific zoning
classification shall not be adversely effected by inappropriate uses.
C. To establish reasonable and safe standards to which buildings shall conform.
D. To establish appropriate standards for the provision of light, air, safety, and open
space.
E. 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.
F. To provide a rational relationship between residential, business, commercial and
industrial uses.
G. To allow a rational development of land that will ensure proper living and working
conditions and proper relationships between residential and nonresidential
development.
Page 3
H. To facilitate development in a fashion whereby all public utilities can be adequately
provided.
I. To establish minimum standards to which uses of land and building shall conform.
J. To provide for the regl!lation of nonconforming uses, nonconforming structures, and
the gradual elimination thereof.
K. To define the duties and powers of elected and appointed officials and professional
staff.
L. 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. (Ord. 4590, 9-21-1993)
ARTICLE II
ADMINISTRATION AND ENFORCEMENT
14.201 : ORGANIZATION:
The administration of this chapter is hereby vested In the following elected and
appointed boards and professional staff:
Village board of trustees
Planning and zoning commission
Director of community development
The administrative functions of this chapter are as follows:
Zoning compliance reviews
Issuance of certificates of occupancy
Variations
Text and map amendments
Appeals
Conditional uses
Page 4
Public hearings
Fees and penalties
Minor variations (Ord. 5173, 3-6-2001; amd. Ord. 5219, 11-6-2001)
14.202: ADMINISTRATIVE BODIES AND SPECIFIC DUTIES:
A. 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 planning and zoning commission concerning
all text and map amendments, conditional use permits, certain variations and to
approve or disapprove any such recommendation from the planning and zoning
commission.
2. All decisions and findings by the village board of trustees shall in all instances be
the final administrative decision 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 planning and zoning
commission to review the effectiveness of this zoning ordinance.
B. Planning And Zoning Commission: The planning and zoning commission of the
village, as described in section 5.501 of this 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 variations which do not exceed twenty five percent (25%) of any
requirement of this chapter, except for minor variations as described in this chapter.
3. To hear appeals from any order, requirement, decision, or determination made by
the director of community development.
4. To hear and decide as final administrative authority, all conditional use petitions to
allow the construction of an attached unenclosed front porch encroaching up to five
feet (5') into the required front setback, with respect to single-family residences with
an approved certificate of occupancy that was issued prior to May 18, 1999.
Page 5
C. Director Of Community Development: The position of the director of community
development has been established by the village. This is a department head
position, reporting to the village manager. The duties and authority of the director of
community development, or duly appointed employees of the community
development department, shall be as follows:
1. Provide public information on the provisions of the zoning ordinance.
2. Forward to the planning and zoning commission all applications for appeals,
variations, conditional uses, map or text amendments, or other matters on which the
planning and zoning commission is required to review under this chapter.
3. Review and prepare recommendations on all matters going before the planning
and zoning commission.
4. Maintain possession of appropriate records and files pertaining to the zoning
ordinance, including, but not limited to, zoning maps, amendments, conditional uses,
variations, appeals and minor variations.
5. Conduct inspections of buildings, structures, and land to determine appropriate
compliance with the regulations of this chapter.
6. Issue notice of violations and citations for violations of the regulations of this
chapter. Notices shall require compliance within fifteen (15) days and advise
violators of their right 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 in
the village.
9. Conduct administrative hearings and make final determinations on minor
variations. (Ord. 4590, 9-21-1993; amd. Ord. 5173, 3-6-2001; Ord. 5219, 11-6-2001;
Ord. 5426,4-20-2004)
14.203: PROCEDURES FOR ADMINISTRATIVE FUNCTIONS:
The procedures regarding all administrative functions of this chapter are set forth 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 approved by
the director of community development or duly appointed employee of the
community development department. Such approval shall be by written authorization
Page 6
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 building shall be used for any purpose until the director of
community development or duly appointed employee of the community development
department has provided written authorization for approval of the occupancy in
accordance with section 15.703 of this code.
CVariations:
1. Intent: Variations shall be granted or recommended for approval only where the
planning and zoning commission, or in the case of minor variations, the director of
community development, 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 on the petitioner in carrying out
the strict letter of the regulations of this chapter.
2. Authority: The director of community development may, after an administrative
hearing, grant a minor variation as provided in this chapter. The planning and zoning
commission may, after a public hearing, grant or recommend for approval a variation
in harmony with the general purpose and intent of this chapter.
3. Initiation: An application for a minor variation or 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 Applications: An application for a minor variation or variation shall be
filed with the director of community development on forms obtained from the
community development department. Such form shall include all information
necessary for processing the 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 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 subsection G of this section.
6. Action By Planning And Zoning Commission: The planning and zoning
commission shall hear and decide as final administrative authority, all petitions for
fence variations and variations which do not exceed twenty five percent (25%) of any
requirement of this chapter.
Page 7
The planning and zoning commission 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 planning and zoning commISSion shall make
findings of fact based on the standards of thi~ chapter.
7. Action By Village Board: The village board shall make a final decision on an
application for a variation after receiving the recommendation of the planning and
zoning commission. Any variation which fails to receive a favorable recommendation
from the planning and zoning commission 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 Planning And Zoning Commission Decision: Any individual may file an
appeal of any decision of the planning and zoning commission with the village board.
Such appeal shall be filed with the director of community development within five (5)
calendar days of the planning and zoning commission decision.
9. Standards For Variations: A variation from the regulations of this chapter shall not
be granted or recommended for approval by the planning and zoning commission
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 topographical
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;
Page 8
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 impair 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. Restrictions 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; and
c. No variation shall be authorized that would result in a density increase from that
permitted in a zoning district except in conjunction with a planned development.
11. Minor Variations:
a. Action By Director Of Community Development: The director of community
development shall hear and decide as final administrative authority, all petitions
for minor variations for existing nonconforming accessory structures that:
(1) Will be replaced with the same type of structure,
(2) Do not exceed a total of two (2) accessory structures per lot of record,
(3) Extend into no more than forty percent (40%) of the required interior side
yard setback,
(4) Extend into no more than ten percent (10%) of the rear yard setback, or
(5) Where the applicable lot coverage does not exceed the maximum permitted
for that zoning district by more than ten percent (10%).
b. Petitions: In all petitions for minor variations, the director of community
development shall make findings of fact based on the petition and public input
according to the following standards:
Page 9
(1) Whether the regulation from which relief is sought was in existence when the
applicant either purchased or improved the property.
(2) Whether the applicant changed the property in some way so as to create the
nonconformity.
(3) Whether the requested relief will be out of character with the neighborhood.
(4) Whether there are other structures within the same zoning district, which
either violate or have received a variation from the same regulation.
(5) Whether the negative impact on the applicant, in not being able to use the
property in the specific manner requested substantially outweighs any negative
impact on the adjacent properties if the variation is granted.
(6) Whether the request is the minimum necessary to use the property in a
manner reasonably similar to other uses in the neighborhood.
(7) Whether a reasonable alternative is consistent with the expressed terms of
the zoning ordinance.
c. Hearings: Administrative hearings shall be held for minor variations only and in
compliance with the provisions as described in this section.
(1) Upon receipt of an application for a minor variation, the director of
community development shall review the application for completeness and
assign a case number to the request.
(2) For all applications for a minor variation, the applicant shall provide to the
department of community development a list of all owners of record of property
lying within one hundred feet (1 DO'), 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 community development
shall cause a copy of the public notice to be mailed to all property owners on the
list no more than thirty (30) days nor less than seven (7) days prior to the
hearing.
(3) An administrative notice shall contain the case number assigned to the
application, the address of the property, a brief statement on the nature of the
minor variation, the name and address of the property owner, the petitioner and
their legal representative, and the date, time and location of the administrative
hearing.
(4) For all applications for a minor variation, the director of community
development shall also cause one or more signs to be posted on the property,
which is the subject of the administrative hearing.
Page 10
(5) The number and location of signs shall be determined by the director of
community development.
(6) The sign must be a minimum of thirty inches by thirty inches (3D" x 3D") in
size, having letters a minimum of two inches (2") high, and contain the following
information:
(A) The fact that an administrative hearing that affects the subject property
will be held, with direction to interested members of the general public to call
the office of the community development director for further information
concerning date, time and place and subject matter of said administrative
hearing.
. (8) Any interested person may appear and be heard at the hearing and such'
appearance may be made in person, by agent (if a corporation), or in writing.
d. Appeal Of Director Of Community Development Decision: Any individual may
file an appeal of the decision of the director of community development regarding
a minor variation with the planning and zoning commission. Such appeal shall be
filed with the director of community development within five (5) calendar days of
the director's decision.
12. 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.
13. Revocation: 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 planning and zoning commission.
14. Effect Of Denial Of Proposal: No application for a variation which has been
denied by the planning and zoning commission or village board shall be resubmitted
for a period of one 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 director of
community development.
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 zoning 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
planning and zoning commission shall review applications for text amendments and
Page 11
,
I
I
map amendments. The planning and zoning commission 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, planning and zoning commission, other village officials or any
interested person or organization. Amendments to zoning district bqundaries may.be
proposed by a property owner, contract purchaser, the village board, planning and
zoning commission or other village offici~1.
4. Filing Of Application: An application for an amendment shall be filed with the
director of community development on forms obtained from the community
development department. The director of community development, upon receiving a
complete application for an amendment, shall forward the application, along with
other data,' to the planning and zoning commission for their review and
recommendation to the village board.
5. Public Hearing: Public hearings shall be held in compliance with state statutes,
and provisions of this chapter as described in subsection G of this section.
6. Recommendation By Planning And Zoning Commission: The director of
community development shall submit the written recommendations of the planning
and zoning commission 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
community development.
7. Action By The Village Board: The village board shall make a final decision on an
application for an amendment after receiving the recommendation of the planning
and zoning . commission. Any amendment which fails to receive a favorable
recommendation from the planning and zoning commission 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:
Page 12
a. Map Amendments: When a map amendment is proposed the planning and
zoning commission shall make findings based upon the evidence presented to it in
each specific case with respect to, but not limited to, the following matters:
(1) Compatibility with existing uses of property within the general area of the
property in question;
(2) Compatibility with the zoning classification of property within th.e general
area of the property in question;
(3) The suitability of the property in question to the uses permitted under the
existing zoning classification;
(4) 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 classification;
(5) The compatibility of the surrounding property with the permitted uses listed
in the proposed zoning classification;
(6) The objectives of the current comprehensive plan for the village and the
impact of the proposed amendment on the said objectives;
(7) The suitability of the property in question for permitted uses listed in the
proposed zoning classification.
b. Text Amendments: When a text amendment is proposed, the planning and
zoning commission shall make findings based upon the evidence presented to it in
each specific case with respect to, but not limited to, the following matters:
(1) The degree to which the proposed amendment has general applicability
within the village at large and not intended to benefit specific property.
(2) The consistency of the proposed amendment with the objectives of this
chapter and the intent of the applicable zoning district regulations.
(3) The degree to which the proposed amendment would create nonconformity.
(4) The degree to which the proposed amendment would make this chapter
more permissive.
(5) The consistency of the proposed amendment with the comprehensive plan.
(6) The degree to which the proposed amendment is consistent with village
policy as established in previous rulings on petitioners involving similar
circumstances.
Page 13
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 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 community development.
10. Repeal Of Amendment: I.n any case where a map amendment has been granted
and where no development has taken place within one year, the planning and
zoning commission, after holding a public hearing, may recommend to the village
board that such zoning be affirmed or repealed and rezoned to any other appropriate
zoning classification. The village board may adopt an ordinance repealing a map
. amendment upon receiving the recommendation of the planning and zoning
commiSSion.
E.Appeals:
1. Authority: The planning and zoning commission shall hear and decide appeals
from any administrative order, requirement, decision or determination made by the
director of community development or other authorized official concerning the
regulations of this chapter.
2. Initiation: An appeal may be taken to the planning and zoning commission by any
person, firm or corporation aggrieved by an administrative order, requirement,
decision or determination of this chapter by the director of community development
or other authorized official.
3. Filing Of Application: An application for an appeal shall be filed with the director of
community development on forms obtained from the community development
department who shall forward such appeal to the planning and zoning commission
for their review and decision.
4. Public Hearing: A public hearing shall be conducted by the planning and zoning
commission on the appeal application. Notice shall be as provided in subsection G
of this section, in compliance with state statutes.
5. Decisions On Appeals: Any decisions by the planning and zoning commission 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.
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
Page 14
-.J
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 (2)
categories:
a. Uses publicly operated or uses traditionally promoting a public interest or
benefit.
b. Uses entirely private in character but of a nature that their operation may
present a different impact upon adjoining properties or the neighborhood in
general.
2. Authority: The planning and zoning commission shall convene a public hearing on
a conditional use application. The planning and zoning commission shall 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 legal 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. Filing Of Application: An application for a conditional use shall be filed with the
director of community development on forms obtained from the community
development 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 planning and zoning commission for their review and
recommendation to the village board.
5. Public Hearings: A public hearing shall be conducted by the planning and zoning
commission on the conditional use application. Notice shall be as provided in
subsection G of this section, and in compliance with state statutes.
6. Recommendation By The Planning And Zoning Commission: The director of
community development shall submit the written recommendation of the planning
and zoning commission on an application for a conditional use 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
community development.
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 and recommendation from the planning and zoning
commission provided by the director of community development.
Page 15
b. The village board may approve a conditional use by ordinance, deny, or refer
back to the planning and zoning commission 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 ot" the conditional use.
d. Any conditional use which fails to receive a favorable recommendation from the
planning and zoning commission 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 approval by the planning
and zoning commission 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; 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 recommendations of the planning and
zoning commission.
Page 16
9. Conditions And Guarantees: In all cases where conditional uses are granted, and
conditions regulating the use are established as described in subsection F8 of this
section the village board shall require such evidence and guarantees as it may deem
necessary as proof that the conditional 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 period of one 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
original application. Such change or new evidence must be reviewed and
acknowledged by the director of community development before a new application
can be submitted for a public hearing.
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 year from the date of granting thereof, and completed within eighteen
(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 community development will be responsible for advising
the village board of any violations and the village board may then authorize the
planning and zoning commission to schedule a public hearing to consider revoking
the conditional use permit. After conducting the public hearing, the planning and
zoning commission shall then prepare a written report and recommendation to
submit to the village board. Upon receipt of the planning and zoning commission
report, the village board shall then render 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 twelve (12) months for any reason. However, the
ownership of an authorized conditional use may be changed if the use remains
unchanged.
13. Modification Or Intensification: 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 community development shall determine
whether the proposed modification or intensification represents an alteration in the
Page 17
essential character of the original conditional use as approved. The operator of the
conditional use shall provide the director of community development with all the
necessary information related to the conditional use to render this determination.
G.Public Hearing Procedures:
1. Upon receipt of an application for a variation, amendment, conditional use or
appeal, the director of. community development shall review the application for
completeness and assign a case number to the request.
2. Not more than thirty (30) days nor less than fifteen (15) days prior to the date an
application is to be considered, the director of community development shall cause
notice thereof to be published at least once in a newspaper of general circulation
within the village. .
4. All published and mailed notices shall contain the case number assigned to the
application, the common address of the property, or in the event that there is no
common address, an appropriate description of the location of the property, a brief
statement on the nature of the public hearing, the name and address of the property
owner, the petitioners and their legal representative, and the date, time and location
of the public hearing.
Page 18
1
5. For all applications for map amendment, conditional use, variation, or appeal, the
director of community development shall also cause one or more signs to be posted
on the property which is the subject of the public hearing.
a. The number and location of signs shall be determined by the director of
community development.
b. The sign must be a minimum of thirty inches by thirty inches (30" x 30") in size,
having letters a minimum of two inches (2") high, and contain the following
information:
(1) The fact that a public hearing will be held to affect the subject property, with
direction to interested members of the general public to call the office of the
community development director for further information concerning date, time
and place and subject matter of said public hearing. '
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. (Ord.
4590,9-21-1993; amd. Ord. 5113, 6-6-2000; Ord. 5173, 3-6-2001; Ord. 5219,11-6-
2001; Ord. 5253, 5-21-2002; Ord. 5289,11-19-2002)
14.204: ZONING FEES:
The fees for actions sought pursuant to the zoning ordinance shall be as set forth in
appendix A, division II of this code. (Ord. 5518, 11-1-2005)
ARTICLE III
GENERAL PROVISIONS'
14.301: INTERPRETATION 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, morals, comfort, convenience, prosperity and general welfare of
residents of the village. '
This chapter is not intended to abrogate any easement, covenant, or any other private
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 buildings 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.
Page 19
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 article IV of this chapter. (Ord. 4590, 9-21-1993)
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 judgment shall
not affect any other provision of this chapter not specifically included in said
judgment.
B. If any court ~hall judge invalid any application of any provision of this chapter for a
particular property, building, or use of land, such judgment shall not affect the
application of such provision to any other property, building, or use of land not
specifically included in said judgment. (Ord. 4590, 9-21-1993)
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 prior to the effective date hereof 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 hereof shall be considered a
legal nonconforming use if it is not classified as a permitted or conditional use by this
chapter. Such use shall be subject to the applicable nonconforming provisions of
article IV of 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 hereof, but such use is
no longer classified as a permitted use or conditional use in the zoning district in
Page 20
.....1.
which it is located, such use is hereby considered a nonconforming use and shall be
regulated by the provisions of article IV of this chapter.
D.Buildings, Structures And Lots Rendered Nonconforming: When any building or
structure which existed on the effective date hereof 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 article IV of this chapter.
E.Previously Issued Building Permits: When a building permit for a building or structure
has been lawfully issued prior to the effective date hereof, 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 (6) 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. (Ord. 4590, 9-21-1993)
14.304: BULK REGULATIONS:
Bulk regulations shall be set forth in each zoning district 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 Size/Division Of Zoning Lots: Every lot created after the effective date
hereof 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 hereof, 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 Buildings On A BesKlmiMI-Lot: Not more than one principal building shall
be located on any zoning lot in a zoning district, except in the case of a PUD, where
more than one principal building on a zoning lot shall be allowed as part of a PUD.
D. Regulations For Fences And Walls 1:
1. Height And Location:
Page 21
a. Separation: A two inch (2") separation shall be maintained between the fence
and the finished grade to provide for adequate drainage. Fences located across
drainage swales shall be six inches (6") above grade. Fences shall not be
permitted in floodway areas as designated on FEMA's flood boundary and
floodway map.
." "
b. Sight Triangle: No fence fJfmtalltl1laijkl~eite:e:tI{~~ili.eliW shall' be placed
within a sight triangle so as to obstruct or limit the line of sight for a motorist,
cyclist, or pedestrian. '"' .
c. Encroachment: All fences shall be entirely on private property. Fences may not
encroach on adjoining lots or public rights of way.
d. Fenceable Area: Under no circumc:tflnces shall a fence enclose an area that is
less than fifty percent (50%) of the maximum fenceable area of a residentially
zoned property. This limitation shall not apply to fencing around swimming pools.
e. Five Foot Fences: Fences up to five feet (5') in height will be permitted as
follows, and as shown on exhibit 14.30401 b in section 14.2501 of this chapter:
(1) Rear And Interior Side Yards: Fences may be installed in the rear and
interior side yards, provided any fence is located behind the front line of the
principal building structure. If a fence is not located along a property line, then
sufficient access must be provided to the area between fence and property line
to allow for proper maintenance.
(2) Exterior Side Yards: Fences may be installed in an exterior side yard,
provided that the fence is placed behind the front line of the principal building
and set back one foot (1 ') from the property line along the exterior side yard. If
the exterior side yard abuts the font yard of an adjacent lot, the fence shall not
be located any closer to the exterior side yard lot line than either the building
line established by the principal structure or the front yard established for the
adjacent lot, whichever is less.
f. Swimming Pool Fences: Fences and gates at least four feet (4'), 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 (4') above grade mm may
be placed as follows:
(1) Along the perimeter of the pool walk areas; or
(2) Along the perimeter of the lot as described in subsection 01 a of this section.
g. Six Foot Fences: Fences and gates up to six feet (6') in height will be permitted
as follows, and as shown on exhibit 14.30401 b in section 14.2501 of this chapter:
Page 22
(1) When placed within the permitted buildable area of a residential property, an
area fence no longer than eighteen feet (18') in length provided that it is located
within the rear yard.
(2) When placed along the rear or exterior side lot line when such rear or
exterior side lot line abuts an arterial road as defined by the comprehensive plan
of the village and provided that a one foot (1 ') setback is maintained from the
rear or exterior side lot line abutting the arterial road right of way.
(3) When placed between adjacent residential uses and nonresidential uses
along side or rear lot lines.
h. Eight Foot Fences: Fences up to eight feet (8') in height will be permitted as
follows:
(1) In industrial and commercial districts when used for the purpose of screening
accessory building material, equipment or vehicle storage yard uses.
(2) In residential zoning districts, along rear or side property lines contiguous to
railroad rights of way.
(3) Public swimming pools, along the perimeter of the pool area.
i. Utility Easements: The construction of fences in utility easements is subject to
the condition of the easement. .
2. Construction:
a. Wood and chain link fences shall be constructed so that only a smooth finished
side faces an abutting lot or road.
b. It shall be unlawful to maintain or construct any fence composed in whole or
. part of barbed wire or with any similar materials designed to cause injury to
person, or any wire charged with electrical current, anywhere within the village
except to protect industrial property, in which case, barbed wire must be at least
six feet (6') above sidewalk and extend inward of property.
c. Fences surrounding swimming pools must meet the provisions of subsection
01 f of this section.
Page 23
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 security purposes may be constructed of chain link material
except where adjacent to property used for residential use, in which case, the
fence must be of solid wood construction.
f. In districts other than single-family residence zoning districts, the village shall
require that fence areas be landscaped with low height plantings or other material
to be approved by the community development department.
g. Grades at property lines shall not be altered due to fence construction unless a
grading plan is submitted to and approved by the community development
. director. (Ord. 4590, .9-21-1993; amd. Ord. 4678, 10-4-1994; Ord. 4866, 6-17-
1997; Ord. 5034, 7-20-1999; Ord. 5173, 3-6-2001; Ord. 5220, 11-6-2001; Ord.
5253, 5-21-2002; Ord. 5426, 4-20-2004)
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Page 24
14.305: REGULATIONS FOR RADIO, SATELLITE AND TELEVISION
ANTENNAS, TOWERS AND DISHES:
A. General Provisions:
1. Compliance With Requirements Of This Section: Antenna towers and dishes
which do not comply with the requirements of this section 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 building code ~ .
2. Satellite Dishes And Personal Wireless Service Facilities: Satellite dishes that are
less than one meter (1 m) in diameter and personal wireless service facilities are not
regulated by this section.
B. Ground Mounted Antenna Towers Or Dishes:
1. Number Permitted: There shall not be more than one 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 requirements
specified for accessory buildings and structures.
3. Height Restrictions: The height of all antenna towers or dishes shall include any
accompanying base or support structures and shall be measured from finished
grade to the highest point of the antenna.
a. Residential Zoning Districts:
(1) Antenna Towers: Federally licensed amateur radio transmitting towers shall
not exceed a maximum height of seventy feet (70').
(2) Dish Antennas: Ground mounted dish antennas shall not exceed fifteen feet
(15') in height.
b. Nonresidential Zoning Districts:
Page 25
(1) Antenna Towers: Ground mounted antenna towers shall not exceed seventy
feet (70') in height, unless authorized by a conditional use permit.
(2) Dish Antennas: Ground mounted dish antennas shall not exceed the height
of the building by which they are located.
4. Diameter:
a. Residential Zoning Districts: Roof mounted dish antennas located on residential
buildings shall not exceed one meter (1 m) in diameter. Roof mounted dish
antennas located on educational, religious, or municipal buildings shall not exceed
ten feet (10') in diameter.
(1) Ground mounted dish antennas shall not exceed ten feet (10') in diameter.
b. Nonresidential Zoning Districts:
(1) Ground mounted dish antennas in nonresidential zoning districts shall not
exceed fifteen feet (15') in diameter.
5. Screening: All ground mounted dish antennas must be screened with landscaping
or fencing as determined appropriate by the community development director.
C. Roof Mounted Antenna Towers And Dishes:
1. Number Permitted:
a. Residential Zoning District: There shall not be more than one roof mounted
antenna tower or dish located on a zoning lot.
b. Nonresidential Zoning District: There shall not be more than one 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. Height Restrictions:
a. Residential Zoning Districts:
(1) Antenna Towers: Roof mounted antenna towers shall not project more than
ten feet (10') 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 feet (15') above the
maximum height of the primary or accessory building upon which they are
located.
Page 26
(2) Dish Antennas: Roof mounted dish antennas shall not project higher than
the maximum height allowed for the building upon which they are located.
b. Nonresidential Zoning Districts:
(1) Antenna Towers: Roof mounted antenna towers shall not project more than
fifteen feet (15') above the maximum height of the primary or accessory building
upon which they are located.
(2) Dish Antennas: Roof mounted dish antennas shall not project higher than
the maximum height allowed for the building upon which they are located.
4. Diameter:
a. Residential Zoning Districts: Roof mounted dish antennas located on residential
buildings shall not exceed three feet (3') in diameter. Roof mounted dish antennas
located on educational, religious, or municipal buildings shall not exceed ten feet
(10') in diameter.
b. Nonresidential Zoning Districts: Roof mounted dish antennas shall not exceed
fifteen feet (15') in diameter.
5. Screening: All roof mounted dish antennas larger than one meter (1 m) in
diameter must be fully screened from view from adjacent roadways and properties
(between grade level and 10 feet above grade level) with materials which are
compatible with the building to which they are accessory. (Ord. 4590, 9-21-1993;
amd. Ord. 4925, 4-21-1998)
14.306: ACCESSORY STRUCTURES:
AGeneral Requirements: The following restrictions on accessory buildings, structures
and uses apply to all zoning districts:
1. Time Of Construction: 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. Height Requirements: No detached garage shall exceed a maximum height of
twelve feet (12'). No other accessory building/structure shall exceed ten feet (10') in
height.
4. Separation Between Buildings: A detached accessory building or structure shall
be located no closer to the principal building than three feet (3'). Detached garages
Page 27
located between three feet (3') and ten feet (10') from a principal building shall be
provided with a five-eighths inch (5/8") drywall finish on the interior walls and ceiling.
Decks attached to the principal building are permitted to attach to a swimming pool if
all required rear and side yard setbacks are met and the deck is designed with a
gate between the deck and pool and access is provided to the yard from the deck.
5. Number Of Accessory Structures: The maximum number of accessory structures
shall not exceed two (2) such structures per zoning lot. Swimming pools are exempt
from the total number of accessory structures.
6. Shed Restrictions: A shed shall not be utilized to store motor vehicles or as office,
work or living space.
7. Roof Pitch: No accessory structure shall have a roof pitch of less than three to
twelve (3: 12).
B.Restrictions In Residential Districts:
1. Maximum Size:
a. ti3(a'Q~il A detached private garage may be no larger than six hundred seventy
two (672) square feet.
b. ~~aa: A shed, i:aie~eiiJiQus~,iQrj)tlietisimila(^<"ac~~~PiisjfDQliJre may
be no larger than the smaller of the following:
(1) Two percent (2%) of the lot area; or
(2) Two hundred (200) square feet.
2. Bulk Restrictions: On lots fifty five feet (55') in width or less, detached accessory
structures shall be set back three feet (3') from any interior side or rear lot line. On
lots greater in width than fifty five feet (55'), detached accessory structures shall be
set back five feet (5') from any interior side or rear lot line. No accessory structure
shall be placed on any dedicated easement. Accessory structures shall be included
in any maximum lot coverage calculation.
C.Restrictions In Business And Industrial Districts:
1. Maximum Area: Detached accessory building(s) or structure(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 feet (6') from any
side or rear lot line. No accessory structure shall be placed on a dedicated
easement.
Page 28
D.Regulations For Specific Accessory Structures And Uses:
1. Garbage Dumpsters And Recycling Containers:
a. Required: All multi-family buildings utilizing centralized solid waste services
shall provide a garbage dumpster and recycling container area which meets the
minimum standards which have been established by the solid waste coordinator.
b. Location: Outdoor designated garbage dumpsters and recycling containers
shall maintain the same setbacks as parking lots. Dumpsters and containers that
are located within covered parking areas shall be designed so that they do not
conflict with required parking spaces or access drives.
c. Screening: Such dumpsters and containers shall be ~af~[fQLet:eJ~ screened on all
. sides by a solid wood fence or equivalent screening material to a height not less
than six feet (6'). Multiple-family residential developments shall provide screening
on no less than three (3) sides.
2. Accessory Commercial Uses Within Multi-Family Residences: Accessory
commercial uses including restaurants, drugstores, retail food shops, valet services,
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 Buildings: Accessory uses located within office
buildings including cafeterias, restaurants, gift shops, flower shops, snack bars,
drugstores, barbershops, beauty parlors, banks, daycare centers, and office supply
stores (excluding sales of office machinery and furniture) 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. Parking 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 1.
5. Signs: Signs shall not be subject to the restrictions of this subsection but shall be
subject to the sign ordinance ~ of the village.
6. Swimming Pools: The regulations of this subsection shall not apply to any pool
having at every point a depth less than twenty five inches (25").
No out of doors swimming pool for the use of members and their guests of nonprofit
club or organization, or limited to house residents of a multiple-dwelling unit, a block,
Page 29
a subdivision, neighborhood, or other community shall be permitted in an R-1, R-A
or R-X district.
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-1, R-A, R-2 and R-X districts.
Swimming pools, shall not be permitted in any required front, side or exterior side
yards. Pools are permitted to encroach into the rear yard provided a minimum of
fifteen feet (15') is maintained from the rear property line to the edge of the
structure.
b. Area: The surface area of the swimming pool shall be included in total lot
coverage.
c. Construction: All swimming pools shall be constructed according to the,
requirements of this code.
E.Permitted Obstructions In Required Yards: These structures shall be allowed to
encroach into the required yards, as follows:
1. Open stoops and canopies.
2. Eaves, storm gutters, chimneys and bay windows extending into such yards not
more than twenty four inches (24"), however, in no case shall any such obstruction
be located within twelve inches (12") of a property line.
3. Patios, balconies, wood decks, swimming pools and handicap ramps may
encroach in the required rear yard; provided a minimum setback of fifteen feet (15')
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. Handicap ramps may
encroach into fifty percent (50%) of a required side yard.
4. Service walks, sidewalks, steps and handicap ramps may be installed and
maintained as follows:
a. Rear or interior side yards: Up to three feet (3') in width.
b. Front or exterior side yards: Up to eight feet (8') in width if providing direct and
the singular means of access to the primary entry of the residence; otherwise up
to five feet (5') in width.
'. 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 in up to twenty five percent (25%) of a
required side yard, provided such location does not result in exhaust discharge upon
Page 30
_ J
any adjoining building or vegetation. Documentation verifying that the unit cannot be
located at the rear of the structure shall be submitted by the air conditioning installer
and approved by the director of community development. A screening plan which
includes fencing or landscaping must be submitted with the permit and approved by
the director of community development.
7. Stationary basketball standards may encroach into the required front, side, and
rear yards.
8. Landscape terraces and retaining walls, subject to approval by the engineering
division and issuance of a building permit.
(Ord. 4590, 9-21-1993; amd. Ord. 4678,10-4-1994; Ord. 4709,3-7-1995; Ord. 5034,
7-20-1999; Ord. 5071, 12-21-1999; Ord. 5173, 3-6-2001; Ord. 5290, 11-19-2002;
Ord. 5426,4-20-2004; Ord. 5447, 7-19-2004)
14.307: STANDARDS FOR HOME OCCUPATIONS:
"Home occupations", as defined in section 14.2401 of this chapter, 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 rights 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 one hundred (100) cubic feet. The purpose of this
standard is to limit any storage to an amount that could readily be stored in a closet.
Page 31
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, either for work to be completed within
the residence or to be dispatched to work at another location. The purpose of this
standard is to ensure that no nonresident comes to a dwelling for employment
purposes, and to minimize the traffic generated by the home occupation. No routine
attendance of employees associated with any home occupation shall be allowed at
the premises of the home occupation. "Routine attendance" shall mean that the
conduct of the home occupation requires nondomiciled persons to visit the premises
of the home occupation as part of the regular conduct of the occupation, without
regard to the number, frequenc or duration of such visits. ~a I
IT $ ectv~ea' ,iae ri ]actl'JalllaKihc ,
F. No home occupation shall generate customer, client or group visits of a greater
frequency than what would be expected in a residential area where no home
occupation C 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 twenty five percent (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. All vehicles utilized in conjunction with a home occupation shall comply with the
regulations stipulated in section 14.2208 of this chapter.
J. No contracting or service equipment or materials shall be stored on the premises,
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
permitted for equipment storage in a residential area, nor shall it be parked on the
premises.
K. Private instruction as a home occupation is permitted, but is limited to no more than
three (3) pupils at a time. (Ord. 4590, 9-21-1993; amd. Ord. 4825, 10-1-1996; Ord.
5426, 4-20-2004)
Page 32
14.308: GROUP AND FAMILY COMMUNITY RESIDENCES; GENERAL
PROVISIONS AND STANDARDS:
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Page 33
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14.309: TEMPORARY USES:
Temporary buildings or structures may be allowed subject to the following regulations:
A. Temporary trailers or facilities for approved construction projects are permitted
subject to the standards of the building code. Such facilities shall be located to
conform to the applicable setback requirements of the zoning ordinance. The
facilities sha!1 be removed upon completion of the construction project.
B. Temporary trailers used as classrooms or similar uses that are ancillary to an existing
school use are permitted for up to one year. Such facilities shall be located to
conform to the applicable setback requirements of the zoning ordinance.
C. Special promotions such as tent sales or outdoor meetings are permitted for a period
of one 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 sign
ordinance. (Ord. 4590, 9-21-1993; amd. Ord. 5034, 7-20-1999)
14.310: STANDARDS FOR THE R-3 AND R-4 ZONING DISTRICTS:
(Rep. by Ord. 5034, 7-20-1999)
14.311: OUTDOOR SALES AND STORAGE:
A. Outdoor Sale And Service Of Seasonal Merchandise: 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 written approval of the property owner.
2. Outdoor sales and storage of items at retail shall be restricted to sales of seasonal
merchandise during the time of the year when such items are normally used.
Page 34
--1
3. When merchandise is stored or displayed on pedestrian walkways, a minimum
width of five feet (5') 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 community development.
6. All merchandise shall be kept in a neat, safe, sanitary and orderly fashion, free
from garbage, rubbish and other debris.
7. There shall be no temporary or permanent storage of inventory in trailers.:
B. Outdoor Dining: Outdoor dining areas shall be permitted on the same zoning lot as
and in conjunction with an established restaurant in the B-3, B-4, or B-5 district,
subject to the following requirements:
1. The following criteria shall apply to all outdoor dining areas located on the same
zoning lot as the established restaurant:
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Page 35
mml6'f2t5.i~~ermtdffiirdSlil:tm!tll~auttiQdfm:i'fli~
i?G. i.trrmit~litJ'"~ilfiame~ may be revoked by the village manager at any
time on fourteen (14) days' notice for failure to comply with the regulations set
forth in this section.
be. All outdoor furniture and appurtenances shall be constructed in such a manner
as to allow for their easy removal during winter months and/or if otherwise
required by the village.
ceo All outdoor furniture and appurtenances. shall be designed to withstand a
minimum wind pressure of not less than thirty (30) pounds per square inch.
df. Colors and materials of outdoor furniture and appurtenances shall be
harmonious with the principal and adjacent structures.
ego The sale and consumption of alcoholic beverages in the outdoor dining areas
shall be subject to all requirements of chapter 13 of this code.
fn. The proprietor shall provide adequate facilities for refuse disposal, as
determined by the environmental health division.
gi. The outdoor dining area shall not be detrimental to the health, safety, or
welfare of nearby residents or persons working or shopping in the vicinity.
hj. Outdoor dining areas shall be exempt from applicable parking requirements.
However, in the event that the outdoor dining area creates an overflow parking
problem onto adjacent public streets, the permittee must make provisions for off
site parking on nearby nonresidential properties.
ik. Advertising or promotional features in a permitted outdoor dining area shall be
limited to umbrellas or canopies, and shall be limited to no more than fifteen
percent (15%) of the surface area of a canopy or umbrella.
jt Outdoor dining areas shall meet all applicable village and state health
requirements.
km. No music or other noises generated by the operation of the outdoor dining
areas shall be audible on adjacent properties.
Page 36
~~~ In no event shall the outdoor dining area operate earlier than
six o'clock (6:00) A.M. or later than eleven o'clock (11 :00) P.M.
2. Outdoor dining areas shall be permitted on public property, subject to the
following criteria:
a. All regulations set forth in subsection B10f this section.
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c. The use of public sidewalk space for outdoor furniture and appurtenances shall
only be permitted incidental to the operation of a restaurant on private contiguous
property.
d. The applicant shall submit a written statement acknowledging responsibility for
and agreeing to comply with the following: 1) the sidewalk area will be maintained
in a clean and safe condition; 2) the required open portion of the sidewalk will be
kept free from any obstructions or encroachments pertaining to the restaurant use;
and 3) the proposed outdoor dining area will comply with all conditions of this
section.
Page 37
e. In no event shall the operation of the outdoor dining area reduce the open
portion of the sidewalk to less than five feet (5') in width.
f. Outdoor furniture and other appurtenances shall be constructed of durable
materials, such as wrought iron.
g. The applicant shall furnish the village with evidence of general liability insurance
and dramshop insurance, if applicable, naming the village as an additional insured
and insuring the village against an'y liability resulting from the uses permitted by
the permit issued under this section. Minimum coverage for general liability
insurance and dramshop insurance shall be as set forth in appendix A, division I of
this code, and shall have no less than an "A" rating by the most recent AM best
insurance. rating guide.
h. The operator of the outdoor dining area shall be responsible for any damage to
public property and shall restore the public sidewalk to its original state when the
operation of the dining area ceases.
i. In order to prevent the restaurant space from encroaching upon the front of
another merchant's establishment, the outdoor dining area shall not extend
laterally beyond the frontage of the permittee's establishment.
C. Outdoor Storage On Residential Property: Outdoor storage on residential properties
is prohibited except for the following: lawn and garden equipment and materials,
garbage cans, grills and portable fireplaces, patio furniture, household tools,
children's play equipment, and other items similar to the above as determined by the
community development director. For regulations regarding the storage of
commercial vehicles, or recreational vehicles and equipment, please refer to article
XXII of this chapter. (Ord. 4590,9-21-1993; amd. Ord. 5148,10-17-2000; Ord. 5189,
5-15-2001; Ord. 5253, 5-21-2002; Ord. 5313, 3-18-2003; Ord. 5426,4-20-2004)
14.312: ELIMINATION OF UNPERMITTED SECOND HOUSEKEEPING
UNITS:
A. Prohibited Acts: Exc.eBt:fot'as"pf(ivide:<:l in.Pact BJ5n6Is~~cti6il:.:do person shall:
1. Enter into any lease or rental agreement of any kind or nature or otherwise
maintain or permit for living purposes the use of an unpermitted second
housekeeping unit .
2. Establish, install or construct an unpermitted second housekeeping unit within the
corporate boundaries of the village after~~embe[Ji--=j 9911
Page 38
.l..
3. Subsequent to January 1, 2000, enter into any lease or rental agreement of any
kind or otherwise maintain or permit the use, for living purposes, of an unpermitted
second housekeeping unit l~~6!a11D~~~':i~. .
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Page 39
~. Exceptions: This section shall not be applicable to the following:
1. "Group community residence" as defined in section 14.2401 of this chapter.
2. "Family community residence" as defined in section 14.2401 of this chapter.
3. Housing provided for religious. institutions maintaining a house of worship in
Mount Prospect when the housing is for its ministry, outreach or program personnel,
provided that such housing is not otherwise prohibited by Mount Prospect
regulations or laws.
4. Residences constructed and/or modified as residential two (2) flat or two (2)
apartment buildings prior to May 2, 1944, which have not been converted to a single
dwelling unit residence.
5. Any residence which has been officially sanctioned by the village as a two (2) flat
whether by variation, special use or other official legislative action of the president
and board of trustees.
6. Otherwise permitted sleeping rooms or separate living quarters without second
kitchen units.
7. Those units Ihatt~ have free and unlimited physical access to the rest of .the
dwelling unit.
If there is an issue as to whether the residence was built as a two (2) flat prior to
May 2, 1944, or as to whether the village has officially sanctioned the two (2) flat,
then the burden of proof, by clear and convincing evidence, shall be on the owner.
~. Realtors And Brokers: It shall be unlawful for any real estate broker, or agent or any
other person RtieIilit"\1, to advertise, state or otherwise hold out to the public or any
potential buyer that a residence may be used in any manner contrary to this section.
~. Probable Cause To Inspect: A sworn complaint from a Mount Prospect resident
that an unpermitted second housekeeping unit is in existence within the village in
conjunction with any other single indication of the existence of such a unit shall
constitute probable cause to permit a village official to obtain an administrative
warrant to enter the premises as to which the complaint was filed to determine the
actual existence of such a unit. Other indications of such a unit shall include, but not
be limited to, vehicles at the residence registered to different parties, separate trash
pickup, separate utility meters, prior knowledge of a village official of such a unit or
additional reports by other village residents. The foregoing shall not be the exclusive
method of establishing probable cause to inspect.
Page 40
EJD. Irrebuttable Presumption: The following shall raise an irrebuttable presumption that
there is not compliance with the requirement of "free and unlimited physical access"
as defined in this chapter:
1. The existence of a lock or locks (whether used or not) on the only door or on all
doors between an otherwise unpermitted second housekeeping unit and the
remainder of the home.
2. Door hinges installed or maintained (whether a door is used or not) in the only
passageway or on all passageways between the otherwise unpermitted second
housekeeping unit and the rest of the home.
Ft Application Of Definition Of Family: Nothing in this section shall be construed as
permitting more than "one-family dwelling unit" to occupy a dwelling unit.
GJ. Penalty; Persons Subject To Penalty: Persons violating any portion of this section
shall be subject to a minimum mandatory penalty as set forth in appendix A, division
!!Lof this code. Each day that the violation continues shall be considered a separate
violation. Any violation of subsection A5 of this section shall subject the violator to a
mandatory fine as set forth in appendix A, division III of this code. Any legal or
beneficial owner and any tenant or lessee shall be jointly and severally liable for any
such violation. (Ord. 4683, 12-6-1994; amd. Ord. 5189, 5-15-2001)
14.313: REGULATIONS FOR PERSONAL WIRELESS
TELECOMMUNICATIONS FACILITIES:
APurpose: The purpose of this section is to provide specific regulations for the
placement, construction and modification of personal wireless telecommunication
facilities. The provisions of this section are not intended and shall not be interpreted
to prohibit or have the effect of prohibiting the provisions of personal wireless
services, nor shall the provisions of this article be applied in such a manner as to
unreasonably discriminate among the various companies that provide personal
wireless services.
To the extent that any provisions, or provisions of this section, are inconsistent or in
conflict with any other provisions of this chapter, the provisions of this section shall
control.
BVillage Action: In reviewing any request, the village board shall act within a
reasonable period of time after the request is filed with the village, taking into
account the nature and scope of the request. Any decision to deny such a request
shall be in writing and supported by substantial evidence contained in a written
record.
C.Petition For Amendment: Should the application of this section have the effect of
prohibiting a person or entity from providing personal wireless service to all or a
Page 41
portion of the village, such provider may petition the village board for an amendment
to this section. The village board, upon receipt of such a petition, shall promptly
undertake review of the petition, taking into account the nature and scope of the
petition. Any decision to deny such a petition shall be in writing and supported by
substantial evidence contained in a written record.
D.Application And Submittal Requirements:
1. No personal wireless service facility shall be erected, installed or maintained in
the village unless a permit has been applied for and approved by the community
development director.
2. All applications for a personal wireless service facility shall include the following
documentation or information:
a. A written report from a qualified professional engineer that is licensed by the
state setting forth the following:
(1) The facility's height and design including both a cross section and topical
elevation;
(2) The height above grade for all potential positions and the minimum
separation distances between antennas;
(3) The number and type of antennas that the facility can accommodate;
(4) A map drawn to scale showing the lot lines, land uses and tree coverage,
including average tree height of all properties within three hundred feet (300') of
the proposed site;
(5) Documentation from the manufacturer that the structure upon which the
facility is located is sufficient from a structural engineering standpoint to bear the
anticipated load. In instances of freestanding structures, this shall include a
certificate that the foundation of the structure is built, constructed and
engineered to take into account the existing soil conditions;
(6) Certification that in the event of a fall or collapse, that the facility is designed
and manufactured to fall entirely within the boundary lines of the lot on which it
is located and that it has been erected in accordance with manufacturer's
specifications;
(7) Certification shall also state that the design complies with all local, state and
federal regulations including, but not limited to, storm water regulations; and
(8) Such other documentation as the village may require.
Page 42
b. The application shall include "before and after" photos. The "before" photo
should be a color photo of what can currently be seen from any public road within
three hundred feet (300') and the "after" should have the facility superimposed on
copies of these photos.
c.~ The applicant shall demonstrate that the proposed personal wireless service
facility will not interfere with any existing village public safety communication
systems or residential or commercial application including, but not limited to,
. television and radio broadcast signals.
d. The community development director may require review by a third party of the
technical data submitted by the applicant. The applicant is responsible for the cost
of such review and the applicant shall make full paym,ent to the village. The village
shall place these funds in an escrow account and make payment to the third party
upon the. completion of the technical review. Selection of the third party expert is
at the discretion of the community development director.
E.Placement Of Personal Wireless Service Facility: A personal wireless service facility
may be erected or installed only in accordance with this section. The personal
wireless service facility shall conform to all minimum setback, yard and height
requirements and to all applicable federal laws and regulations concerning its use
and operation. An easement or a lease is required for any new facility on property
not owned by the applicant. The following chart shall govern the placement of all
personal wireless service facilities:
Anten n Setba
a cks
Standa
rds
Zonin Mono - Lattice Guy Struct Adjacen Not
g pole ed ure t To Adjacen
Distri Mount Residen t To
ct ** tial Use Reside
ntial
Use
Height Front Side Rear Front Interior Exteri Re
or ar
1-1, 120' 120' 120' 10' NP 100% 100% NP 15' 30' 20'
OIR height heigh
t
8-3 70' NP NP 10' NP 100% 100% NP 10' 30' 20'
height heigh
t
8-5 NP NP NP 10' NP 100% 100% NP 100 100 100
Page 43
height heigh % % %
t heig heig heig
ht ht ht
B-5C NP NP NP 10' NP 100% 100% NP 100 100 100
height heigh % % %
t heig heig heig
ht ht ht
C-R 70' NP NP 10' NP 100% 100% NP 100 100 100
height heigh % % %
t heig heig heig
ht ht ht
B-1, 70' NP NP .~O' NP 100% 100% NP 10' 30' 20'
B-2 height heigh
t
R-X, NP NP NP 10'*
R-1,
R-A,
R-2,
R-3,
R-4,
~
* No more than one per residential unit permitted
** Height above the existing structure
NP = Not permitted
F.Collocation Of Personal Wireless Service Facilities:
1. Placement: The planning and zoning commission and the village board shall
consider whether the plans provide for collocation. The village encourages
collocation to minimize the proliferation of antenna supporting structures. Owners,
lessees, or their representatives shall cooperate in good faith to achieve collocation
when it is in the best interest of the village to do so. The village may require the
execution of an agreement to permit collocation unless such collocation proves to be
impractical. The village may grant access to municipal property and/or lower
application fees to carriers locating two (2) or more users on a single tower. A
proposal for a new personal wireless service facility shall not be approved unless the
applicant provides written proof that the telecommunications equipment planned for
the proposed tower cannot be accommodated on an existing or approved tower,
structure, monopole that already exists within a one-quarter (1/4) mile radius of the
proposed tower for one or more of the following reasons:
Page 44
J
a. The planned equipment would exceed the structural capacity of the existing or
approved tower or structure, as certified by a qualified professional engineer that
is licensed in the state, and the existing or approved tower cannot be reinforced,
modified, or replaced to accommodate the additional facility at a reasonable cost;
b. The planned equipment would cause interference materially affecting the
usability of other existing or planned equipment at the tower or structures as
documented by a qualified and licensed professional engineer and the
interference cannot be prevented at a reasonable cost;
c. Existing or approved towers and structures within the search radius cannot
accommodate the planned equipment at a height necessary to function
reasonably as certified by a qualified and licensed professional engineer;
d. Other unforeseen reasons that make it not feasible to locate the planned
telecommunications equipment upon an existing or approved tower or structure as
certified by an appropriate professional.
2. Structure Design: Any proposed personal wireless telecommunications service
facility shall be designed structurally, electrically and, in all respects, to
accommodate both the applicant's antennas and comparable antennas for at least
two (2) additional users. Towers must be designed to allow for future rearrangement
of antennas upon the tower and to accept antennas mounted at varying heights.
G. Design Criteria: Antennas mounted on water towers shall not extend more than ten
feet (10') beyond the height of the water tower. All antennas, except those mounted
on monopoles, shall be designed to be compatible with neighboring buildings and
uses, and shall match or blend with the structure to which the are attached so the
antenna is virtuall invisible to the casual observer.
and any
accompanying equipment shall be painted a uniform, neutral color. Towers may not
display logos or company colors.
H.Screening: A combination of landscaping, berming, fences or other screening
materials shall be utilized to maintain or enhance the existing character of the
property surrounding a personal wireless service facility. All structure bases shall be
completely screened from view.
I.Abandoned Or Unused Facilities: Abandoned or unused facilities, towers, or portions
of towers shall be removed as follows:
1. All shall be removed within six (6) months of cessation of use or of notifying the
FCC of intent to cease operations at the site, whichever comes first, unless a time
extension is approved by the community development director. A copy of the
relevant portions of a signed lease which require the applicant to remove the tower
Page 45
and associated facilities upon cessation of operations at the site shall be submitted
at the time of application. Any tower and associated facilities not removed within six
(6) months of the cessation of operations at a site shall be deemed a nuisance and
may be abated according to the nuisance provisions of this code.
2. Unuse<;j- portions of towers above a manufactured connection shall be removed
within two (2) months of the time of the abandonment of that portion unless the
village has specifically designated that portion for future collocation.
J.Utility Buildings And Structures: All utility structures and structures accessory to a
.personal wireless service facility tower shall be architecturally designed to blend in
with the surrounding environment and shall meet the minimum setback requirements
of the underlying zoning district. Ground-mounted equipment shall be screened from
view by suitable vegetation. The maximum height for an accessory utility structure is
twelve feet (12') and shall be no larger than six hundred (600) square feet.
K.Signs And Advertising: The use of any portion of a tower for signs other than warning
or equipment information is prohibited.
L.Temporary Facilities: Temporary personal wireless service facilities shall conform to
all of the setback and yard requirements of the district in which they are located. A
temporary personal wireless service facility shall not exceed the height of the facility
previously approved for the property, or one hundred feet (100') in the case of a
special event. Only one temporary personal wireless service facility will be allowed
per site at anyone time, unless the approved facility on the subject site allows for
collocation, in which case the permissible number of temporary facilities on that site
shall be the number approved for that facility. A temporary personal wireless service
facility must be located behind the front plane of any principal structure that is on the
lot. A temporary personal wireless service facility may be allowed only in accordance
with subsection E of this section.
A request for a temporary personal wireless service facility may be granted only by
the village manager in such reasonable numbers and with such reasonable
conditions as the manager may deem appropriate. Any request for additional time
beyond that set forth in this subsection L, shall be subject to review by the planning
and zoning commission and approval of the village board.
1. Special Events: Temporary personal wireless service facilities shall be permitted
for each licensed carrier for special events (temporary sporting or entertainment
events) of a period of one week. No more than three (3) such promotions shall be
allowed per carrier in a calendar year.
2. Repairs And Equipment Upgrading: If a permanent personal wireless service
facility is under repair or equipment is being upgraded, a temporary facility shall be
permitted for each licensed provider for a period of up to ninety (90) days. The
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owner of the facility must certify in writing the necessity for the repair or equipment
upgrade.
M.lnsurance: The provider must tender to the community development director on an
annual basis, proof of public liability insurance covering the facility in an amount not
,- less than as set forth in appendix A, division I of this code.
N.Compliance: All personal wireless service facilities must maintain compliance with the
approved plans and specifications. If the personal wireless service facility becomes
noncompliant with approved plans and specifications due to, but not limited to:
discoloration, cracking, missing components, rusting, settling, damage or general'
disrepair; then the owners of the personal wireless service facility and the owner of
the structure or lot on which the personal wireless service facility is located will be
jointly and severally responsible for remedying the specific nonconformities. These
nonconformities must be remedied within forty five (45) days after written notice,
detailing these nonconformities, sent by the village to the owner of the personal
wireless service facility and the owner of the structure or lot. Failure to remedy all of
the cited nonconformities, within the forty five (45) day time period, shall be
punishable by a fine not exceeding the amount as set forth in appendix A, division I
of this code, each day that the violation continues.
O.Certificate Of Completion: All personal wireless service facilities shall obtain a
certificate of completion from the building division prior to facility operation. Carrier(s)
must meet all village codes and provide copies of the following documentation prior
to receiving a certificate of completion:
1. Federal aviation administration permit and the FAA reply;
2. Copy of the FCC permit and intermodulation interference report;
3. Copy of the annual filing to the FCC stating the carrier's compliance with all FCC
rules and regulations.
P.Definitions:
ANTENNA: The surface from which wireless radio signals are sent and received by
a personal wireless service facility. "Antenna" should not be used as a synonym for
"cell site".
APPLICANT: A person or company with an application before the village for a permit
for a personal wireless service facility.
COLLOCATION: The use of a single mount on the ground by more than one carrier
(vertical collocation) and/or several mounts on an existing building by more than one
carrier.
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FACILITY: See definition of Personal Wireless Service Facility.
GUYED TOWER: A monopole or lattice tower that is tied to the ground or other
surface by diagonal cables.
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LATTICE TOWER: A.ground mounted structure that is self-supporting. with multiple
legs and cross bracing of structural steel.
MONOPOLE: A type of ground mounted structure that is self-supporting with a
single shaft of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top: Vertical. collocations often have arrays at intermediate positions
on the monopole.
'-
PERSONAL WIRELESS' SERVICE FACILITY: The plant, equipment and property,
including, but not limited to: cables, wires, conduits, ducts, pedestals, antennas,
electronics and other appurtenances used or to be used to transmit, receive,
distribute, provide or offer telecommunications services, as further defined in the
telecommunications act. A personal wireless service facility is the appropriate term
for "cell site" in ordinances and other official documents.
PERSONAL WIRELESS SERVICES: Commercial mobile radio services, unlicensed
wireless services, and common carrier wireless exchange access services.
STRUCTURE MOUNTED ANTENNA: A structure mounted antenna is typically
located on structures such as streetlights, traffic lights, water towers, utility poles and
sides and roofs of buildings.
UNLICENSED WIRELESS SERVICES: Commercial mobile services that can
operate on public domain frequencies and, therefore, need no federal
communications commission (FCC) license for each cell site, such as an amateur
radio facility.
WHIP ANTENNA: A thin rod that beams and receives a signal in all directions. (Ord.
4925,4-21-1998; amd. Ord. 5189, 5-15-2001; Ord. 5219, 11-6-2001)
14.314: OUTDOOR LIGHTING REGULATIONS:
All outdoor lighting, except for streetlights, shall be subject to the following general
requirements: (Note: Additional regulations for parking lot lighting are included in section
14.2219 of this chapter.)
A.Glare Onto Adjacent Properties: Electric lighting used to illuminate outdoor areas shall
be directed in such a way as to prevent light trespass or direct glare onto adjacent
properties and rights of way.
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B.Fixture Design: Outdoor lighting fixtures in nonresidential locations must comply with
the following limitations:
)1
1. Full cutoff luminaries with a total cutoff angle of not more than ninety degrees
(900) shall be used. The director of community development may approve cutoff
angles greater than ninety degrees (900) or the use of fixtures without full cutoff
luminaries upon submission of information conclusively demonstrating that the
proposed lighting will not cause glare on adjacent properties.
2. All lighting mounted under a canopy, including, but not limited to, luminaries
mounted IJ or recessed into the lower surface of a canopy, shall be full cutoff.
3. Flat lenses are required for all lighting fixtures.
4. Walllightsj where used, shall be full cutoff and fully shielded.
5. Task focused lighting is permitted at gas stations, ATM drive-throughs, and similar
uses as approved by the director of community development, and must include an
internal louver so the light focuses directly on the task area and does not spill onto
the pavement.
C.Light Intensity Levels At Property Lines: The light intensity level measured at a
property line shall not exceed 0.5 foot-candle. All illumination level readings shall be
taken at ground level. The requirements of this subsection shall not apply to property
lines within the B5 and B5C zoning districts, except for those property lines that abut
a zoning district other than the B5 and B5C districts.
D.Maximum Illumination Levels: The following table summarizes the maximum average
illumination levels for a variety of uses:
Type Of Use Maximum Average IES
Illumination Level (Foot-Candles)
Auto dealerships (display areas only) 50
Business districts 5
Canopy lighting 30
Loading/unloading platform (dock) 20
Outdoor sports lighting 40
Park, school, institutional, and industrial uses 5
Lighting for uses other than those listed in the above table shall be reviewed by the
community development director to ensure the proposed illumination levels are
appropriate for the property and surrounding area.
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E.Lighting Plan Required: The building permit submission for any nonresidential
development or. multi-family residential development shall include a lighting plan
signed and sealed by a professional engineer and including, at a minimum, the
following:
1. All property lines, building lo<:;ations, dimensions" of paved areas, and location of
all curbs;
2. Fixture locations;
. 3. Fixture details and height;
4. Photometric data for all paved areas at a spacing of not greater than twenty feet
(20') and not greater than six inches (6") above the pavement surface;
5. Photometric data at all property lines at a spacing of not greater than fifty feet (50')
and not greater than six inches (6") above grade;
6. Scale of not less than one inch (1 ") to fifty feet (50');
7. Details of the proposed light poles and foundations;
8. Existing and proposed utilities on the subject property and In rights of way
adjacent to the subject property;
9. Other information, as required.
F.Hours Of Operation: All lighting shall be reduced to security levels, as recommended
in the "Illuminating Engineering Society Of North America's Lighting Handbook",
during hours of nonoperation of the principal use on a property.
G. Nonconforming Lighting: Any lighting that does not conform to the regulations
outlined above shall be made to conform by means of alteration no later than
January 1, 2006. (Ord. 5380,11-4-2003; amd. Ord. 5546, 2-7-2006)
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14.315: CONVERSION OF SINGLE-FAMILY RESIDENTIAL ATTACHED
GARAGES:
The conversion of a single-family residential attached garage into living space shall be
permitted subject to the following conditions and all other applicable regulations within
this code: a) new garage space equal to or greater than the amount to be converted
shall be provided. The new garage space shall provide sufficient space to park the
same number of vehicles as exists in the garage space to be converted into living
space; b) the garage door that provides access to the area that is to be converted into
living space shall be removed and replaced with exterior materials similar in style and
color to the home's exterior; and c) the existing driveway which serves the garage area
to be converted into living space shall be removed and a driveway serving the new
garage shall be provided. (Ord. 5426,4-20-2004)
ARTICLE IV
NONCONFORMING BUILDINGS, STRUCTURES AND USES
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14.401: PURPOSE:
The purpose of this Article is to provide for the regulation of nonconforming buildings,
structures and uses, and to specify those circumstances and conditions under which
those nonconforming buildings, structures and uses shall be permitted to continue.
(Ord. 4590,9-21-1993)
14.402: NONCONFORMING 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. Ability To Continue Nonconforming Building Or Structure: Any lawfully established
nonconforming building or structure which is devoted to a permitted use in a zoniny
district may continue to be used for any permitted use.
B. Enlargement, Repair, Alterations And Replacement: Any nonconforming building or
structure may be enlarged, maintained, repaired or altered, provided that no such
enlargement, maintenance, repair or alteration shall either create an additional
nonconformity or increase the extent of the existing nonconformity. However, on lots .
fifty five feet (55') or less in width, a nonconforming building or structure may be
extended with the established setback in a required rear yard or side yard, provided
that such nonconformity is no more than fifty percent (50%) of the required setback.
C. Damage Or Destruction: In the event that any nonconforming 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
Page 52
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repaired, provided that such repair or restoration begin and is pursued to completion
within one year of the date of such damage. Any such repair or restoration shall be
done in compliance with current building codes. (Ord. 4590, 9-21-1993; Ord. 4678,
10-4-1994)
14.403: NONCONFORMING 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 nonconforming use and
subject to the provisions below:
A. Ability To Continue Nonconforming Use: Any existing nonconforming use of part or
all of a building, structure or nonconforming use of land, may be continued as long
as it meets the requirements of this Section. .
B. Repair And Maintenance: Normal maintenance and incidental repair or replacement,
and installation or relocation of non bearing walls, non bearing partitions, fixtures,
wiring or plumbing, may be performed on any building or structure that is devoted in
whole or in part to a nonconforming use. Any such repair or maintenance shall be
done in compliance with current building codes.
C. Expansion: A nonconforming 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
nonconforming 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 nonconforming use of land or of a building or structure shall not be
changed to any other use than a use permitted in the zoning district. When such
nonconforming 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 nonconforming use of part or all of a building or structure, or
nonconforming use of land, is discontinued or abandoned for a period of one
hundred eighty (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 nonconforming 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
Page 53
repaired or reconstructed and used for the same nonconforming purpose, provided
such repair or damage completed within twelve (12) months of the date of the
damage or destruction. Any such repair shall be done in compliance with current
building codes. (Ord. 4590, 9-21-1993)
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ARTICLE V
PLANNED UNIT DEVELOPMENT
14.501: PURPOSE:
I .
The purpose of a planned unit development is to provide a tool to accommodate
development which is in the public interest, ~:Od:.ffj{l provides 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 permitted, subject to the appropriate regulations of this article.
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 article provide for a greater degree of flexibility than
the strict regulation of individual zoning districts.
A. Specifically, planned unit developments 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 articles 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. (Ord. 4590,9-21-1993)
14.502: USE OF PLANNED UNIT DEVELOPMENT:
A planned unit development is a conditional use which may 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 article. The planning and zoning
commission may recommend and the village board may require any reasonable
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condition or design consideration which will promote proper development. (Ord. 4590,
9-21-1993; amd. Ord. 5219,11-6-2001)
14.503: PROCEDURES FOR PLANNED UNIT DEVELOPMENTS:
Specific procedure and submission requirements for planned unit developments shall
be included in the application available in the community development department. The
following shall serve as an outline for submittal requirements with all formal
requirements listed in the planned unit development application:
A. Preapplication Conference: Prior to filing a formal application for approval of a
planned unit development, the applicant shall request a preapplication conference
with the director of community development and other village staff as deemed
appropriate by the director of' community development. The purpose of the
preapplication 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 community development to inform the applicant of applicable
policies, standards and procedures for the planned unit development.
3. Submittal requirements for the preapplication conference shall be as follows:
a. A written 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
preapplication meeting.
B. Preliminary Plan: The preliminary plan for the planned unit development shall be filed
with the director of community development, and appropriately scheduled for review
by the planning and zoning commission. The procedure for approval of the
preliminary plan shall be:
1. The planning and zoning commission shall convene a public hearing as provided
for in subsection 14.203G of this chapter.
2. Following the public hearing and review of the preliminary planned unit
development and supporting data, the planning and zoning commission shall send
Page 55
its findings and recommendations to the village board which shall, within sixty (60)
days, approve, approve with modifications, disapprove the plan, or return it to the
planning and zoning commission for further consideration.
3. Approval of a preliminary planned unit development plan shall not constitute
approval 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.
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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 modifications
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 one inch equals two hundred feet (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 development. The submission
may be composed of one or more sheets and drawings and shall include:
(1) Existing Conditions Information:
- Boundary lines - bearings and distances.
- Easements - location, width, and purpose (including fire lanes).
- Streets on, and adjacent to, the tract: street name, right of way width,
existing or proposed center line elevations, pavement type, walks, curbs,
gutters, culverts, etc.
- Location and size of existing sewers, watermains, culverts or other
underground facilities within the tract and to a distance of one hundred feet
(1 DO') 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 feet (2') (topographic data refers to the village datum); water
courses, flood plains, marshes, rock outcrops, trees of twelve inches (12")
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
englneenng.
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- Zoning on, and adjacent to, the tract.
(2) Planned Unit Development Design Features:
- Layout of streets and pedestrian ways showing rights 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 storm water 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 use for each lot, parcel or tract.
- Proposed building setback lines, indicating dimensions.
- Areas other than street rights of way intended to be dedicated or reserved
for public 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 submitted 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 public 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
chapter.
- Site lighting plan.
- Impact assessments as may be required by the department of community
development 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 development.
- 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 1 .
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 year after approval of the preliminary plan. The
preliminary and final plans may be submitted simultaneously if all requirements of
this article are met. Procedures for review of the final plan shall be as follows:
1. The planning and zoning commission shall convene a public hearing as provided
for in subsection 14.203G of this chapter.
2. Following the public hearing and review of the final planned unit development and
. supporting data, the planning and zoning commission shall send its findings and
recommendations to the village board which shall, within sixty (60) days, approve,
approve with modifications, m disapprove the plan, or return it to the planning and
zoning commission 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 area, 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:
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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 anyone
or more of them; or
b. Guar.anteed 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
o~ 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 development. 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. (Ord. 4590,9-21-1993; amd. Ord.
5219, 11-6-2001)
14.504: 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 containing
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 streets which adjoin the planned unit development;
Page 59
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 followin~ conditions are met:
1. Proposed use exceptions enhance the quality of the planned unit development
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 ih the surrounding properties.
3. Proposed use exceptions shall not represent more than forty percent (40%) of the
total floor area. !il5reI:mM~r.=IS!!lesft However, in a residential planned unit
development area no more than ten percent 10% of the site area or the total floor
area shall be devoted to commercial use. I
. entia lal"l'IJea ihif e'elo en.
c. Standards For Planned Unit Developments With Other Exceptions: The village board
may approve planned unit developments which do not comply with the requirements
of the underlying ~@E}1j~istrict's 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 in the requirements of this chapter is in the public interest.
2. The proposed exceptions would not adversely impact the value or use of any
other property.
3. ~ Such exceptions are solely for the purpose of promoting better development
which will be beneficial to the residents or occupants of the planned unit
development as well as those of the surrounding properties.
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5. lEl-all buildings are liI.IJ 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 development 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
district 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
planning and zoning commission shall recommend either or both of the following
requirements:
(1) All structures located on the perimeter of the planned unit development must
set back by a distance sufficient to protect the privacy and amenity of adjacent
existing uses;
(2) 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.
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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. Major Changes: Changes which alter the concept or intent of the planned unit
development including increases in the density, change in location and types of
nonresidential 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 Changes: The village manager, after recommendation from the community
development director, 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
Page 62
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 year behind
the schedule filed with the final plan, or exceeds five (5) years. The developer shall
be notified prior 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. (Ord. 4590,9-21-1993;
amd. Ord. 5000, 3-16-1999; Ord. 5219,11-6-2001)
ARTICLE VI
ZONING DISTRICTS
14.601: DISTRICTS:
For purposes of this chapter, the village is hereby divided into the following zoning
districts:
A. Residential districts:
C-R Conservation recreation
R-X Single-family residence
R-1 Single-family residence
R-A Single-family residence
R-2 Attached single-family residence
R-3 Low-density residence
R-4 Multi-family residence
~~~eItlt)r ~cifize,n:(e~SJa:en'liE!
B.Office and business and industrial districts:
B-1 Business office
B-2 Neighborhood shopping
Page 63
B-3 Community shopping
B-4 Corridor commercial
B-5 Central commercial
)~ .
B-5C Core central commercial
O/R Office research
1-1. Limited industdal
(Ord. 4590,9-21-1993; amd. Ord. 5589, 9-19-2006)
14~602: ZONING MAP:
AThe location and boundaries of districts established by this chapter, are shown on the
zoning map of the village, incorporated herein as part of this chapter and as
amended from time to time by the corporate authorities of the village.
B.The following rules shall apply with respect to the boundaries of the various districts
as shown on the zoning map:
1. District boundaries shall either be the centerlines 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. (Ord. 4590, 9-
21-1993; amd. fax 6-16-1994)
14.603: ZONING OF ANNEXED LAND:
On land annexed to the village, 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 preannexation
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. (Ord. 4590, 9-21-1993)
D~16:o.A:1l"!4~_SEi"E'1~]!E~sl
Page 64
Unsert'caha Use-""laole l"HeJe~
[lhse.rtTana"'Use"Tabla2 Her~I
ARTICLE VII
C-R CONSERVATION RECREATION DISTRICT
14.701: PURPOSE:
The C-R district is intended to provide for the location of public parks, golf courses,
swimming pools, community facilities, and other open-space uses or resources to serve
the recreational needs of the citizens of the village. (Ord. 4590, 9-21-1993; Ord. 5138,
9-5-2000)
14.702: PERMITTED USES:
~.gs:aD~affila'2q[oofi<isl
~i5'liqnfe~:[6:aIGfi~UaS1
~~~~GQll~:OiIrse~
~:[~ejs~C'ooij~:!swimmif:jd~rlQQls:~oo!SiiJlila~ecreatIQaal:3"cffyme..SJ
~tU:~Ql~~aliQ11!atf1as]
~~"cCas~~~SltmtUfes~i:T1'CtaErfltal..tQ"!aoll:m!ttre:-~r~iQDlrrq:IQt~~f~mJjttm~~
14.703: CONDITIONAL USES:
Page 65
;.
13~t!lQ~Et!J~~UI!tie1~
. ~~:ga!(elfj~~lQt;ro'anue~JNiI.tF:aaicle:~Ut~o~S':~'lltml
n:D:mentI6n'Yo[Iefenlroo:facUR1€SJ
.~~iIceassp~:StmQtu(~CJfa3mr:;Ig:a{jlf\ iR~tle.et'~n:fHl:':~qnn
14.704: BULK REGULATIONS:
A. Yard Requirements; Buildings: Any building hereafter constructed or relocated in the
C-R district shall maintain minimum yards as follows: .
1. All C-R zoned properties:
Front yard 50 feet
Exterior side yard 50 feet
2. Property lines abutting nonresidential property:
Interior side yard Equal to the
required setback
in the adjacent
district to the
common property
line.
Equal to the
required setback
in the adjacent
district to the
Rear yard
common property
Page 66
...l
line.
3. Property lines abutting residential property:
Interior side yard 50 feet
Rear yard 50 feet
B. Yard Requirements; Other Structures: Any structure, other than a building, hereafter
constructed or relocated in the C-R district shall maintain minimum yards as follows:
1. All C-R zoned properties:
Front yard 10 feet
Exterior side yard 10 feet
2. Property lines abutting nonresidential property:
Interior side yard 10 feet
. Rear yard 10 feet
3. Property lines abutting residential property:
I nterior side yard 25 feet
Rear yard 25 feet
C. Lot Coverage: No lot in the C-R district shall be developed with total impervious
surfaces exceeding twenty five percent (25%).
D. Height Limitations:
1. No buildings or structures shall exceed thirty-five feet (35') in height except as
prescribed in section 14.703 of this article.
E. Yard Requirements: No accessory structure shall be located in a required yard of the
C-R district unless otherwise provided for in this section.
F. Permitted Obstructions In Required Yards: Structures shall be allowed to encroach
into the required yards in the C-R district as follows:
1. Sidewalks, steps, bike paths, and similar facilities up to ten feet (10') in width.
Page 67
2. Driveways.
3. Eaves, storm gutters, chimneys, and bay windows extending into such yards not
more than twenty four inches (24"). (Ord. 4590, 9-21-1993; Ord. 5138, 9-5-2000)
14.705: LANDSCAPING:
A Parking lots and buildings in the C-R district shall be landscaped according to the
requirements of article XXIII of this chapter. (Ord. 5138, 9-5-2000)
ARTICLE VIII
R-X Single-Family Residence District.
14.801: PURPOSE:
The purpose of the R-X single-family residence district is to provide areas for low
density, single-family residential development and other compatible uses on large lots.
(Ord. 4590, 9-21-1993)
14.802: PERMITTED USES:
~s~~~ati:a:iitrucr.crr:aS]
O[vcareJlome]
EQtitet~C3re:oomes'
ao~...occuliali(rns'
Page 68
~.
~_~.femmtt~~
Vi.'flr;"~-Y~~~';:'I;.Wt..;3:'\il.,~"r.JlWfl~'Y~1lThJ:'y...,;"r~Y_'\fmfi::}';''f.:l:.~T~'''''_~~"I,'i:,':r.L.,i;h,"\tr.,ljjI...(~.:y;;f:i'f';',{"~~~~~
V'3.fvr:;."J.~-,r .":,J.::~m~Y'"lt...~.u:u.~~~Mi,~K~ l~J}flU.:\.~''''t,~e''-o;:!.tL~'t" ~n}s:\U!J"T~:~::#;';/.::>~~::r~.1il.rrz~~~
iW~~~=,~'l&y~e,t>'fa'lL.!f"'lSl:9~~~~1l.l,r-~I._ ~e;l7,fiw,>,r.l;(o~:L~,'.!:.0~t:_'J!lerllt~acJo;:i~~~~;!.....:JJ~ra\
~~~.J~~,.~-e:~""~~~~1'C"'-^-~~~'~~f\-A-~~~-m~J'1'~~"'~"!";AfL~~~~"'"'rL~~
mYm~
~
14.803: CONDITIONAL USES:
~~lIDiYersi(rm
nWlt!taJ:lns_fitntions~~l~~:a~QQmcrsmrrosl
~'l~~~ff!t'
WOfe~fff3'i)J5iJ'E:d~G~
~:anaI5JljIaIion~h'ornesl
~e:sitJ~LlaJmQuelJ~t~ni:E"oostefQ~j~~:m~~fff,''a(tlcIB~~lQfZmi~t~'3JefJ
~$DI!a:S.E;s1BEEMlitEa!l~!~~~lROIl:l\f$In~j;m
~tmlon5Wioo~S:SJmll:l1mueriDitt~lr~]
Page 69
~V_~~~"&:df!iZEifiJjrm
J3~liatr~imi(Kfi~I~Jr~t15I[~~dmmfJ:Lf:t~f1QWi~~~ce~~~~
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 feet (85').
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
Interior side yard 10 percent of lot width or 10 feet whichever is less
Exterior side yard 25 feet
Rear yard 30 feet
2. All permitted and conditional uses for nonresidential:
Front yard 40 feet
I nterior side 10 feet 1/2 the height of the
yard principal building,
Exterior side 25 feet
yard
Rear yard equal to the height of the principal building,
rea er;,
Page 70
C.Coverage Limitations:
1. Lot Coverage: No lot in the R-X district shall be developed with total impervious
surfaces exceeding
~~~~iiOlml ~5!~
~~~fral
1f~Ir'omtmttea~m:emflfr.fi~1 ~5!"om.c~ai)j'
lm~fQ~nr~emo~tJ1!m
2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-
family residence in the R-X district shall be developed with total impervious surfaces
exceeding thirty five percent (35%) ~J!~A.a'Qti~~ml
D.Height Limitations: The following height limitations apply to principal buildings
constructed in the R-X district:
1. Residential Buildings: The maximum height of a residential building shall not
exceed thirty five feet (35').
3. Exceptions: The following shall be excluded from the height limitations contained
in this subsection 0:
a. Chimneys.
b. Flagpoles.
d. Radio and television antennas attached to the principal structure.
E.Floor Area Ratio (FAR): FAR shall not exceed a 0.35 FAR. (Ord. 4590, 9-21-1993;
amd. Ord. 5173, 3-6-2001; Ord. 5426,4-20-2004; Ord. 5447, 7-19-2004)
14.806: GARAGES:
No garage serving a single-family detached dwelling and fronting on a public right of
way, may have more than one of the following: a) three (3) single garage doors; b) a
Page 71
combination of a single and double garage door; or c) a triple garage door. (Ord. 5446,
7 -19-2004)
I,
I
ARTICLE IX
R-1 SINGLE-FAMILY RESIDENCE DISTRICT
14.901: PURPOSE:
The purpose of the R-1 single-family residence district is to provide areas for low
- densi~y, single-family residential and other compatible uses on standard sized lots. (Ord.
4590,9-21-1993)
14.902: PERMITTED USES:
~ccessorv::uses:;3mi~s.t~1Et1:iie$]
aavliare.b dl'OO.!
E.QSte.r':~af~bPllle.$~
Bo1De":::6QGuoaUQ[fsl
5iMle~J3miI;l'ge:t~-6J)eo1Jwe.U[f)g~=WiI~Qr=wltb]ut .;3tt~Jie.aif5ra'OO$1
14.903: CONDITIONAL USES:
Page 72
-. T ...
- I
~Ioo~~w:erslfi~
tmJlUmj~filtifioo~Qrari!!~ltCfij)f[s~HIID5!
mm~~nt~fJ
~J...~oo=Q~aragm
~gb"'351Ir.t01~ffan:r~s1
B~mtia~t1Iitrg.fNljl~I~~~fe:cfto:3'i:tiCl~__~tJlllS.:coa~
L~Jt4;m~ES!i!EJSMIEtEI!If[I!~MJIEO:&IRil)MSJ:~~~E~
~tle!.@j6Wjtrq.::.o.ae:S!slial~tt~fUiiftm:J:Qse$J
~liutc]L~;~m,;:~~~,~t:re~jJJj:':ofl1ef..tK)1T~$.Df~Qf$oip.]
Page 73
...
HJ:~mt~jli~J:tY~.l!~tefl!f~51~i_
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:
Interior lot 8,125 square feet 65 foot minimum width
Corner lot 9,375 square feet 75 foot minimum width
I
I
I
B.Yard Requirements: Any building or structure hereafter 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
Interior side yard 10 percent of lot width or 10 feet whichever is less
Exterior side yard 20 feet
Rear yard 25 feet
2. All permitted and conditional uses for nonresidential:
Front yard 30 feet
Interior side 10 feet minimUm,
yard principal building
Exterior side 20 feet
yard
Rear yard
but not less than 1/2 the height of the
Shall be equal to the height of the principal building or structure
but not less than 25 feet
C.Coverage Limitations:
Page 74
1. Lot Coverage: No lot in the R-1 district shall be developed with total im ervious
surfaces exceedin
~tmm~mcmn'~~ ~s..~~oJ
~~
~mQdffW. i~oorcefil
~aQ1tmIDleSiQential
2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-
family r~sidence.in the R-1 district shall be dev_with total impervious surfaces
exceeding forty five percent (45%) IfmillmeJ'IllI' , ."
D.Height Limitations: 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 feet (28').
3. Exceptions: The following shall be excluded from the height limitations contained
in this subsection 0:
a. Chimneys.
b. Flagpoles.
d. Radio and television antennas attached to the principal structure.
E.Floor Area Ratio (FAR): FAR shall not exceed 0.5. (Ord. 4590, 9-21-1993; amd. Ord.
5173, 3-6-2001; Ord. 5426,4-20-2004; Ord. 5447, 7-19-2004)
14.906: GARAGES: .
No garage serving a single-family detached dwelling and fronting on a public right of
way, may have more than one of the following: a) three (3) single garage doors; b) a
Page 75
combination of a single and double garage door; or c) a triple garage door. (Ord. 5446,
7-19-2004)
ARTICLE X
R-A SINGLE-FAMILY RESIDENCE DISTRICT
14.1001: PURPOSE:
The purpose of the R-A single-family residence district is to accommodate existing
. single-family residential developrT)ent in older, established sections of the village. These
neighborhoods are characterized by smaller lots than required in the R-1 district. (Ord.
4590, 9-21-1993)
14.1002: PERMITTED USES:
F!ccesSQ~tv::Dse$-=a6tlstr;Uaufes!
~"ca~~'
~o{le1z5ie:I1Qme~
B:Offie:~uQmid~]
s:[aa!~amil~Qetac./j.efj:aw:ellirjqs.;:JRiUl'::of~itJiQut!atfatl5e'a.mf~$l
14.1003: CONDITIONAL USES:
Page 76
~ ~ _. _-1
lIF~~!m:i)lerslfi~
~mieinstImlimra~IIDraria"S:rtla:&eYiro~~
~cat~eJ;)leB
~Qr:e~tfi'ao~~Eade]
Ren3Bni6ii&5~!
Eaeio1rofja]j)JanEfeali(Hf:!J~E!IQIIDi~~~Ii61~r:~atti~1e'i~lb1,;;{rH~5anter]
ft~;IO~~fmJ~SI1J>"aEB_tEmelM1I~a:rCIRC]:lMSJ~:Hf!E.s]
~~T;o~~Joli9~lDQ:rt&asj~naICb'ejpe~ffii{fea~~]U
E:t111 f.~illv,ijl3'ggqlW~:S~ffiQ$ucres~ao.:a;'OJo~plls~~:Q:f:'w'Q[~tii~
Page 77
B!e~l1amr~~~$~(e~elmium!i~!fJmf911iiW~~a~:S~~j
I.
I
I
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 feet (50').
B.Yard Requirements: Any building or structure hereafter constructed 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
I nterior side yard 5 feet
Exterior side yard 20 feet
Rear yard 25 feet
2. All other permitted and conditional uses for nonresidential:
Front yard 30 feet
Interior side 10 feet minimUm, but not less than 1/2 the height of the
yard principal building
Exterior side 20 feet
yard
Rear yard Shall be equal to the height of the principal building or structure
but not less than 25 feet
C.Coverage Limitations:
Page 78
1. Lot Coverage: No lot in the R-A district shall be developed with total im
surfaces exceeding t
~mJnErd~~tlRl ~~~~
~~~lamItD
~1~t~~mat1aitiQJlaj [5t~
~~~SKimm
2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-
family residence in the R-A district shall be developed with total. impervious surfaces
exceeding fifty percent (50%) ~f~f~g\!ii:relf;jt~ar~.
D.Height Limitations: The following height limitations apply to principal buildings
constructed in the R-A district:
1. Residential Buildings: The maximum height of a residential building shall not
exceed twenty eight feet (28').
3. Exceptions: The following shall be excluded from the height limitations contained
in this subsection 0:
a. Chimneys.
b. Flagpoles.
d. Radio and television antennas attached to the principal structure.
E.Floor Area Ratio (FAR): FAR shall not exceed 0.5. (Ord. 4590,9-21-1993; amd. Ord.
5173,3-6-2001; Ord. 5426,4-20-2004; Ord. 5447, 7-19-2004)
14.1006: GARAGES:
No garage serving a single-family detached dwelling and fronting on a public right of
way, may have more than one of the following: a) three (3) single garage doors; b) a
combination of a single and double garage door; or c) a triple garage door. (Ord. 5446,
7-19-2004)
Page 79
ARTICLE XI
R-2 ATTACHED SINGLE-FAMILY RESIDENCE DISTRICT
14.1101: PURPOSE:
The purpose of the R-2 attached single-family residence district is to provide areas for
limited concentrations of duplex, two-family and single-family attached dwellings, such
as town homes. (Ord. 4590,9-21-1993)
14.11 02~ PERMITTED USES:
~CCfl~61iiZ'yga~trtlCI(j[e:$:'J
2rtfac.tmlf~iOOl@~amily:tiQfDEsl
tlliy~e:motj
E..Q~te:r:eate:lJ:Qme~
aGfO~e!:QOOOnafion~
ijl.Fm1mfajJ;lilV::qm~~~~UiM~~ito:or:wimQaf att~lie(rg~rlm~~'~J
If.w1Lf5ffin~[we1lID:qm
14.1103: CONDITIONAL USES:
Page 80
- I
I .
I
tt'al~~~~!m!fim
~crlt~elI\!:tftWrJDll$~li5'tmi~ffiJijJ.'~
~e:fma~e. Qatij'~
EJlitL"'5.6iliI5IimLJjQme.~
lR~~IqefifiaIfrIliUnl~tJJjil~!t~llIQPJneRt~6immo!;5(ficle!~'Qlfijjs~c.5a6tel:]
b~~!1~~,,;seS:Beef4J:eI.e.Dll'~mEJ1teIRG\lMSl2f~E.SJ
v.\~tl~]QOQWiIf~~M8haU:6m"peonift!d~crsEs]
~~n(c.fias'~mg[Qrre~m~q[Q~~anaEtier:[c[lYs~S!Qf..m-s.5JP~
Page 81
! a~'exc~Dfmat~cd~~~..e.LWr'miPjte:oJiJ!~ll.~tm~~
I
I
I
I .
I
14.1105: BULK REGULATIONS:
A. Lot Size And Area Requirements: The minimum area for any single-family dwelling or
two-family dwelling lot in the R-2 district shall be eight thousand one hundred twenty
five (8,125) square feet with a minimum width of sixty five feet (65'). Corner lots shall
be seventy five feet (75') wide.
The minimum lot area for any attached single-family home shall be four thousand
(4,000) square feet with a minimum lot width of thirty feet (30'). Corner lots shall be
forty five feet (45') wide.
The maximum density of the R-2 attached single-family residence district shall be
ten (10) units per acre.
B.Yard Requirements: Any building or structure 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
Interi?r.~" side., hard. "QiZsiifijle?~a1ij'jr~ 1 0 percent of lot width, but not less
~~t.a~]ieitlljlEHh[a! than 5 feet
(There is no interior side yard requirement for attached single-family homes.)
Exterior side yard 20 feet
Rear yard 25 feet
2. All permitted and conditional uses for nonresidential:
Page 82
~ L
I
I.
I
I
Front yard 30 feet
Interior side 10 feet minimum, but
yard principal building
Exterior side 20 feet
yard
Rear yard
not less than 1/2 the. height of the
Shall be equal to the height of the principal building or structure
but not less than 25 feet
C.Coverage Limitations:
1. Lot Coverage: No lot in the R-2 district shall be developed with total impervious
. surfaces exceedin : ~
O::t!lmerffltlm~jlli1r:m1 ~eeO~
lrsf!s!tar:zte:giIf~mtfil
~TjJm>1!fmmm~iftJ~.iJiQ~J e5!O:~E.C:ent
~:l~~~mt
2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-
family residence in the R-2 district shall be developed with total impervious surfaces
exceeding fifty percent (50%).
D.Height Limitations: 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 feet (28').
3. Exceptions: The following shall be excluded from the height limitations contained
in this subsection 0:
a. Chimneys.
b. Flagpoles.
Page 83
d. Radio and television antennas attached to the principal structure.
E.Additional Restrictions 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 on~ hundred
seventy five feet (175').
2. Separations between roups of attached sin'gle-family dwellings shall not be less
than thirty feet (30') '0S.
F.Floor Area Ratio (FAR): FAR shall not exceed 0.5. (Ord. 4590,9-21-1993; amd. Ord.
5173,3-6-2001; Ord. 5426,4-20-2004; Ord. 5447, 7-19-2004)
14.1106: GARAGES:
No garage serving a single-family detached dwelling and fronting on a public right of
way, may have more than one of the following: a) three (3) single garage doors; b) a
combination of a single and double garage door; or c) a triple garage door. (Ord. 5446,
7-19-2004)
ARTICLE XII
R-3 LOW DENSITY RESIDENCE DISTRICT
14.1201: PURPOSE:
Page 84
..--- -- ~~ .............-.-- ~ !""
- .,...,....,..."." "l L ---.-- -,.,....,-- _ -
The purpose of the R-3 low density residence district is to provide areas for medium to
low density multi-family residential development and compatible uses. (Ord. 4590,9-21-
1993) ~.. .
14.1202: PERMITTED USES:
~ae'ss_~:<<msT~fr:rJ'd[crr~
~~J
~as.fec:~e1tm~j
ffiQ~~afiQo"m
mIDI~~~~~
~~a.mi~<m~.:awelllllii-~~'i&ilEi~0J::~i:fRooeaft3c~~"Y..~~'
n-iWQ!tamilvlttw~lliO~
14.1203: CONDITIONAL USES:
Page 85
T
~r;amumr~~S1
~~,ef.ffial;Q1.a$a:aa~.oJt ,da"vel~~.:~sttbiecLto:afticle"Vi)J!!fiLs::cba>fItet~
Bi:r~elS>E:sl2eB1~llf::.tEb:rN~J!IM(IE01el,e~(!llNtSx~N~,ES]
~~tl)e;f{IDQW.iiIQjI~S!Srmll:be;~tieImitfe]'u~]]
~jJMGM~~:~~QQQ.!1fls::o:rQ.SQooS-=afj.djltbechQQses!QLViQrsJ)jpj
~!(mQt!tDJmJw~etJj:lf~EEI~sfiiil:tle~~e'(fi1!ftie!taIIO:Wi~ctJ~mst~~~QQJyj
14.1205: BULK REGULATIONS:
Page 86
J
ALot Size And Area Requirements: The minimum area for any lot in the R-3 district
shall be as follows: '
-'I.
1. Detached single- 8,000 square feet
family
(5.4 dwelling units per acre
and duplex dwellings 10.0
dwelling units per acre)
2. Multi-family dwellings 3,220 square feet per dwelling
unit
(13.5 dwelling units per acre)
3. All other permitted or 8,000 'square feet
60 feet
width
minimum
. .l~
60 feet _
width
minimum
conditional uses
B.Yard Requirements: Any building, structure or parking lot hereafter constructed or
relocated in 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 percent of lot width, or 10 feet whichever is less
Exterior side yard 20 feet
Rear yard 25 feet
2. All other permitted and conditional uses for nonresidential:
Front yard 30 feet
Interior side 10 feet minimUm,
yard principal building
Exterior side 20 feet
yard
Rear yard
but not less than 1/2 the height of the
Shall be equal to the height of the principal building or structure
but not less than 25 feet
C. Coverage Limitations:
1. Lot Coverage: No lot in the R-3 district shall be developed with total impervious
surfaces exceeding
mGSevEilll\!=fivE~:'fe'rc
Page 87
~~~iti~ ~f>:er~
~j~
~(t'Itt~~tidtr~1 J5!~~~
~tQ~~
i-~ _
2. Front And Exterior Side Yard Coverage: No front or exterior side yard of a single-
family residence in the R-3 district shall be developed with total impervious surfaces
exceeding fifty percent (50%).
D.Height Limitations: The following height limitations apply to principal buildings
constructed in the R-3 district:
1. Single-Family And Two-Family Buildings: The maximum height of a residential
building shall not exceed twenty eigl"lt feet (28').
2. Multi-Family Buildings: The maximum height of a multi-family building shall not
exceed thirty five feet (35')."
4. Exceptions: The following shall be excluded from the height limitations contained
in this subsection D:
a. Chimneys.
b. Flagpoles.
d. Radio and television antennas attached to the principal structure.
E.Additional Restrictions On Multi-Family Dwellings:
1. Two (2) or more multi-family residential buildings may be located on the same
zoning lot only as part of an approved planned unit development.
Page 88
F.Floor Area Ratio (FAR): FAR shall not exceed 0.5. (Ord. 4590,9-21-1993; amd. Ord.
5173,3-6-2001; Ord.5426, 4-20-2004; Ord. 5447, 7-19-2004)
14.1206: GARAGES:
No garage serving a single-family detached dwelling and fronting on a public right of
way, may have more than one of the following: a) three (3) single garage doors; b) a
combination of a single and double garage door; or c) a triple garage door. (Ord. 5446,
7-19-2004)
ARTICLE XIII
R-4 MULTI-FAMILY RESIDENCE DISTRICT
14.1301: 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.
(Ord. 4590, 9-21-1993)
14.1302: PERMITTED USES:
2reQe:~~})~3oo:s:t"fuc.tUfe$t
Page 89
~at~~
" II;
-~
~
.-:0' _ _
snme::~flp;jtiQiis1 .. ,
lY.mlli!farogY!dwelKia!LQ.lMt~
~~fi~!I:e'C(eati~~liJi~
~t~~~.lIR~tlJ!di:Wtt.IidWt;m't!:relm~faQ~
14.1303: CONDITIONAL USES:
Eonmle:$.Cweli~$~~O':m~b1iU:e~]
Be.na6.ilifalioo~ITQnm"m
~e:siCJam1al!Prarmoo!Unlt!l-ev~~eITt~:.:su6i[G.t;t6~aftfc~'V~tJfii~~~~
14.1304: BULK REGULATIONS:
Page 90
. ....L-_
A. Lot Size And Area Requirements:
1. Multi-family
dwellings
2,700 square feet of lot area per dwelling unit (16 units
per acre)
60 feet minimum lot width
8,000 square feet
2. All other permitted
or
conditional uses
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 30 feet
Interior side yard 10 percent of lot width, or 10 feet, whichever is less
Exterior side yard 20 feet
Rear yard 25 feet
C. Lot Coverage: No lot in the R-4 district shall be developed with impervious surfaces
exceeding fifty percent (50%) of the total/ot area.
D. Height Limitations: The following height limitations apply to principal buildings
constructed in the R-4 district:
IJ : The maximum height of a multi-family building shall not
feet (~).
B. The following shall be excluded from the height limitations of the R-4 district:
a. Chimneys.
b. Flagpoles.
d. Radio and television antennas attached to the principal structure.
E. Additional Restrictions On Multi-Family Dwellings:
Page 91
\
1. Two (2) or more multi-family buildings may be located on the same zoning lot only
as part of an approved planned unit development.
2..~here two (2) or more mUlti-f.a~i1di_r~ located on the ~am~ zoning lot, a
minimum of thirty feet (30') 'lu 11:0 a~(~ shall be maIntained between
buildings. (Ord. 45~O, 9-21-1993; amd. Ord. 5426. 4-20-2004)
I
I
I
I
I
i
I
l!!!j~~e~llBF!QSE3
Page 92
~ ~ ----,-. ...I.
D'!:"[4BlPA~~11eEJ
~1![$:'fJl~0~J{D~1
Page 93
BIBO~E~EBl
~p~~mJ1JQrs:s.mlu:~ctlDv..~~::dw:eIfIDQI[tiiJ]
Page 94
. ~"u .'.' ..~" _,#
I
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=~:!miD:Qf.s-=Sti,all!~~a!a~llrng!",~
~1!1!4n~1!l!lt1Bif&.BIIJE'Ni'E~1S~
Page 95
-
~d;;voJf;,;;:,.r.>l "~~l' r:::t=\. ~~~~f~1cl;~:;r.~~ld~Jt::r~~ ~~"~_.i'l';,).~.i..:L~.\r.S~~"l
~..-\;:'''''''"'~ It". '..;: ~; I'\~,;-;!"l'" !....~~ f'7:J- ~~~.J~~~Il!';:"'.L;'Li"lt""A"'\,,"--4-:'J"""t~~f"U"'"'"c.~F"";":"'-J.J'\.':"~~"..J-'~~~.1!"1~-n.'.lL~~,:\~"'.Al"'-:~\.l~_:.'ft~~~-.u.Jl-..~\ilt~ '1{4".J.I>.,~~
-;;f;:~.IU ;;v.... 'ut;'r.t..'!- "".l~:fV'';w...Yrvt;.Y';:i ..J':;jf",......r",z.r..;<;'(;;nz-~'\1",?Qy.Lt;w.~~lWT;'4.i....1';-('~1Y~ (~-l~_y"",.'\:.1gil!b\.t.<;;i".7;';';;, T~'t'~ ,;:r.:r;
="~~,^-7"oJ~'>")! ''''''''-~,^-~'."",.AJ!lIA-;<'':''''f"4l':F1';'..I.D'~'~1''~1,/;c.~~~.,IllU~' >::.1.r:;"'"IA~\~j'QJ]..~~~
:,:y:',t;:;'-I~;;.{~~,=...:~~:r...r-~''<'1';'.Jt~.:':,i:;V&'fG~f;'l:<J!r-tf'd~ri'i'Q'l;;,,.\~~tt~,,,,,::,x7rr=~ j,'~li~~~. ~[
..~~.l'il'::'W'~3J..~,J:'1I.=4.I"'"'UJ'.A.~-=J>.':l"kI\=.1F""'::'uV..~~lV'""'!r1~A,.""""~.AI~3.-~~"""~"'I.:=:U-':...l::4l'1J'lk':l~':r"'~~"I\I'U;"'~~""'~?>-.~~""-AL--A"'~:t-"~-.:"l'4r;--:
~~l.
1""'.A"..c'1
1IBI_[e:0~e.ett!~~D1
~~iCaB=1!0~ie~elx{f8Af:i~
D!1-m9!~~a:eReEB!OWEel!lffG1UNlll
~~m>!dmnitm:rll;lil~lfClfritaJI1~amoo1!aJ:aa:af:le~tfab]
O~izeio.UDJjIeTJ~[Q YI$:acrore:,reef:foJ::.ad!et{iCJoocV:olilt]
~SJi!1rrr1dte<f~[Q[a)!~e1:1em:for:a!Qne~oe1:ttoorn:oDif!
~~2E.ee:E~IIl2B'!~RE~S3
nj~i):t:1!!fB-.E~BI~
Page 96
1
__S!t..._e:t~
~1r--YX!fEt.s!
_~){e1I<i1:f~r~~~m[ge&l_tm
rtJJjicrv=feef"ra=O~Lfrom~tRlnfl)l~
e"l:.e~f~f~Ji11lJ~.Qm1l;ifUeri5F..lOelifl'el
l~:..twml~1U:r2D.:}!tLom~aaia=Q'eD!~EErSia:eufial!di'Sti.iGt!
Page 97
-
ARTICLE XV
B-1 .BUSINESS OFFICE DISTRiCT
14.1501: PURPOSE:
-The B~1 :business office district is intended to provide a zoning classification for limited
office development in areas adjacent to more intense retail/commercial zoning
classifications. The district shall provide a transitional area between residential and
retail/commercial areas. (Ord. 4590, 9-21-1993)
14.1502: PERMITTED USES:
(1El.eu~ae6lfi1QIfiQ6~
O:fflCe:s::6usroos8~aIla~QfQfe~~n
14.1503: CONDITIONAL USES:
Ilrg:lY~~oo:JOOQe~
Day~:aJ.e.:cfkjf~&1
gcmmfioo;IUrfsJifl1tID]1S!
E1J~(aCt;)Qme]
t:J~&Qitam
Ea?RiruIlmS1
~1:riNG..1Urli[dfi.ie!Q~Elf~~~Qmmfi(Qja[bf=mi2<ea u.s~el
Page 98
1
I"
1
I
D~f};;ti'~.')[,~ lt~'tlr.:rfi'r.~.il(i~~",:"r;:r.;T1ii1ill'S"..w&1~tl'?I~f'.4.'t~fuo~"l?JL.~11-4J1tCl"~
.f,\'~J-4"'-4"--.~".J"'j..L,~.U,\-~~~~~~~. ~~}'~~-n.~l'lZ~~-~4J~4f~ ~U?~~~,
14.1504: BULK REGULATIONS:
A. Yard Requirements: All buildings in the B-1 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
t ..;~.
B. Building Height: The maximum height of any building in the B-1 district shall be three
(3) stories or thirty tiYj~ 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 setback in the B-1 district is contiguous
to any single-family residential property, all buildings, structures, and parking lots '
shall meet the minimum required yard setback in the underlying zoning district or the
minimum required yard setback in the adjacent zoning district, whichever is greater.
(Ord. 4590,9-21-1993; amd. Ord. 4709, 3-7-1995; Ord. 5034, 7-20-1999; Ord. 5173,
3-6-2001 )
ARTICLE
B-2 NEIGHBORHOOD SHOPPING DISTRICT
XVI
14.1601: PURPOSE:
The B-2 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 proximity to residential areas. (Ord. 4590, 9-21-1993)
14.1602: PERMITTED USES:
Page 99
BE~~
tml~~
~amV~:~tfQlf.~
~a~~a:~le~a~&r.orem
JJrE[~aKe~rtj
l:frtlQ~t~)
~~~~iXfN!a&f[Q~ent]
E).dWer!sfote!
~~~tOfe~~$IQt~~rmt:aaa~[iCat~~m
~.iJt1SJlo~
~..to~@t~tQle~
llauo.:d~t~iitam.afi~t&~.:v.ice!oiilV!
~yj[uE1:c~t:aa-nc~jo~
~JfiQas:'!tW$joos&fatlti!>.tQfe.ssional!
~estau[arnS'!toofUEluo:roo!aolattaiTfmel\t:anaJ]iffi:CIDg~
SIj'oo:arjO:ClQfnifi;Q~Qa~O~~
~li1~v~S!Qm~1
&1leJ3(if.ig"..am5am{~~
Page 1 00
__ ____ _ J..__~_
14.1603: CONDITIONAL USES:
I.
~ft~~f'Jf.mmm~ .
Da~~oooXers~
FL-~~CiJ~edeY:'el<mMam~~Jr~j~:usm
14.1604: BULK REGULATIONS:
A. Yard Requirements: All buildings in the B-2 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-2 district shall be three
(3) stories or thirty g feet (~~5I), 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 setback in the B-2 district is contiguous
to any single-family residential property, all buildings, structures, and parking lots
shall meet the minimum required yard setback in the underlying zoning district or the
minimum required yard setback in the adjacent zoning district, whichever is greater.
E. Restrictions On Business Uses: The operation and design of business uses shall
conform to the following restrictions:
Page 101
I
I
I
I
1. All retail establishments shall be retail or service establishments 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
of this chapter. (Ord. 45~0, 9-21-1993; amd. Ord. 4709, 3-7-1995; Ord. 5034, 7-20-
1999; Ord. 5173, 3-6-2001)
ARTICLE
B~3 COMMUNITY SHOPPING DISTRICT
XVII
14.1701: PURPOSE:
The B-3 Community Shopping District is desiqned to provide for the needs of a much
larger consumer population than is served by the B-2 district, and provide a wider range'
of uses for daily and occasional shopping. This district is located along major arterial
roadways. (Ord. 4590,9-21-1993)
14.1702: PERMITTED USES:
Plr.w.!r~~ffi)jffefi~ifi!1~~~. a[$triC:t~lilu~tI1eJQlIQWj5:q~crse$!
~ofiOO:€:SJjQn~l
~1J~aoo!SCnaor:S1:iQP.l~stQfJI$:!
[\f.r;)od.~'ilOOdct:aft.sfiiQiQS!
~~c.ulPl6r'~~a1ijJ:Comoosat=8mrJiOS1
~fl.QP&:'QT'~lJeriij~Pari1m incl u:dinq:awtioilIQQro.sJ
~tOOlmme-='a~Qa:~QfiV~lQte[~
BanKS:an:B:tjOO1lCiae:instifUtions1
aJe.~I~~s~~~~~rU.~JicrreQ'air~sfoie.:Sj
Bl1sr~6S~'l11agjrfie:aales_ao&LQerVice1
Page 102
~eI.~~~
~~tanm~tf!
~~!~~.
~~aID-ta~(~
I~t;rs:ail!i~~f;l~mpfitmoo:;fmt!ma~ .
~r~amteIrO!rtitQtesl
Wllrtmter"]sa~~~~antt~~~Lem
frai~r611Ci~s;;t~Jall~les!
~~Jtment!StO"~
~gNf'3fioo~1iires.l
~llfljef~a!5QP'.m
Y.ie5[i5g::aia!&t(J(€!~
~~imRfQ!l~rif~~.eiiEim1IDQ~ij:tQOf::atQfaQiU
~JIQae1ID~Iiail~~,mr~~
!faweIiY:stQt~~~iO.c.lua:i.I1dffi.:3rcb"remrrJ
~arop~atla!lK.iO'tinqJiXti1[es~
r.9il~filiJ~a1Q~~lli~rliIa~uQ.Q!yrStb(es'
Page 103
~on~!iM~ta~~
;,
'.
~~_Ie:.~~'
~tim~f!
. kaCIrSItlif.b~~
lImlm~.a~JQlO~i1!
~diaf~s"s.c.bool!
~]cafafi(fj:J~al:ainrC~'
lmt~l:WjJginq~ .
~&iCSt~~~oo(rrq~~asslnles~oacLdIs{5S::~aD.cL~~~~~'m
DlmicaJ=rf;}sliumeoesalfis1ano2:e5.ai[]
~ff~e:m:acfiiO:e!sale~1ftlO~Cil;rm
~ice,!@:r~rplv::s:tQ1as!
~.raO:S.~Ie.s:::r~faU~~~re~~e11icaJ!aQll['5lt~&tQt~,
~5iotmas~aM~'~1ieRfstQ.te:s2
~~Etv!~IfR:i),['l::s.fQEe.~
ge.~b6ns~
Ja~tureif[dmifjq1
~$f'6ffLee.'
glmfi5Zf~alja~dlrQlicafim:r:$~lQa~
~aa.iQ::5:fld~te~iSiQB;s~~~~~r:YiQ.e:;~iiQ~re~
R~~;music:ali~l:Viae1:I~Jen'fal~StCIr:ae~
Page 104
~~~
~l[~.IE!$mlbbiltrJ:"~~
~u~~~~3~~tMj~tmrlmmg!a'Q~K:Q[jl~1
5J}~sms:~~
~rt~@S:~Jaa'
l1!alroc!s.fj5pJ;1
[!miJliqMalQi11
fta$[t1IdS!a~~aiCla{uo:~~
~~g[aJiti:Q:ffiCe'S:1
J.lirate:f.&~iimoon
~(c.&el!~ammle:s~arnUsem~1U1
~~~~
lr~v~~&,!
lEfa)t:e~aireooii3s~
WatCllffiaD;s;zauaaef~
14.1703: CONDITIONAL USES:
Page 1 05
~
~tOt'ff(imlf!(eoai~a~~lemtatiolls'
. ~~tmno1JlJ.e:Sale~~e'W!d~l1soo]
k~aSm
Cater:ifiU!~~ice.S)
m~~~nm~
~ti~!ttif~~nY:e!ID~stafilLS.nmei1ts1
~ame:"(Q~J
~ealf~i~s':!eluO:S:Qr!Q'lmnasiurosl
t1PJlS:~~101'5le:I~
~{~~....:gmilat~poratorie.6J
M-Q10c.v~1ij~l~~aJ~]
I~JitRirro!lm~tuauffisl
Era{fIimi~]~'de~J(rpmeD't~C01DlUe(C:ia]. 6~lrn5re'<f11Sa1
~~iQ;;;~Eleyj~~IQDlSl]non~~tunjQ15JOOJi~t~S1
~~~e~f~~lil.QOmiXmnil'v!e'ent~s.11Q{lQQd1~aa
Page 106
14.1704: BULK REGULATIONS:
~ ~ . <I..
A. Yard Requirements: All buildings 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 3D feet
4. Rear yard 20 feet
B. Building Height: The maximum height of any building in the B-3 district shall be three
(3) stories or thirty rjYil feet (~), whichever is less. .
C. Lot Coverage: The total area of all buildings, structures and parking lots in a B-3
district shall be no more than seventy five percent (75%) of the total land area.
D. Transitional Setbacks: Where a side or rear setback in the B-3 district is contiguous
to any single-family residential property, all buildings, structures, and parking lots
shall meet the minimum required yard setback in the underlying zoning district or the
minimum required yard setback in the adjacent zoning district, whichever is greater.
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
of this chapter. The normal sales and services offered at automobile service
stations, drive-in/carryout restaurants and retail sales of motor vehicles are excluded
from this provision. (Ord. 4590,9-21-1993; amd. Ord. 4709,3-7-1995; Ord. 5034, 7-
20-1999; Ord. 5173, 3-6-2001)
ARTICLE XVIII
8-4 CORRIDOR COMMERCIAL DISTRICT
Page 107
14.1801: PURPOSE:
The 8-4 corridor commercial district 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 anyone specific
area. This'district is located along major commercial corridors. (Ord. 4590, 9-21-1993)
14.1802: PERMITTED USES:
l\~fo.m:CiJ5i'e~q~f5qes'
lU!.o.mo:5l1e re[a'jr;:~ra!i=seNiC~!SlatiQbJ~!
l\t1tQm6Qile;'sal~!OOw:~Otm.s~~it5::a=mffijfiiUm;clorsiz8'uftwO:(~J:acre~
~t~wasb]
kQmmfjr.Qial!qroo15fiQlises:a6d~na(5e.ties]
EBf.itr~ctolsl'"Sna\~QQiJJ:$::aoa=-soo1~;JiQl i~l@jtiq~QUJgM[:~tQ[?Icte]
~oQ(:itOiie-s,~meoiCal:mental;:rt{s.earch"'ah.rL~tinQ]
Ra1:Kinq'""1Qlii]bd~till~t[(m
B.a!tiO~an'ij"J~He:v[siPll~~fR'a'fi5ns~s.tua iQ~~a[lpJN~(Q~
mraae!'Or3/:OcaIIQtfj~bool~1
~-=-S~i~e~f~il~Sh]~~be.:Qe-rITIitfel:inj~~ set .fQd.h,ifl~sIlp.:&ectiorr:1!e3I3'E~QfJh~
Page 108
-- - - ~------~
J.
I
I
14.1803: CONDITIONAL USES:
Emf}elV:tarra~:s~51j'cm!rera~lliff.i~
~a!OIDti~ltt~W:-qfZ~itn~lQ.f~e:Qf:.L~Ii5D~tWO~(Z)~Cfe:s!
Jldat!SJJ:dWtm'l~~les~~~i(!
~:;lIra(!iaf~~~m~31~ft~~~aQ~
~~tQ'(::cmmtm~~~IrQf1~atmrdOO~tQf3~y:arnsl
Q.J'le~le;.'teDfe1;s'
J),ti~e']tnroW~~ti~n~tllfi!IS})m~
liPjers!aoo~te\1J
&1~llin1HYrs'31Et'S1
m~Q(C'l'Q~~:~wmm2'!l~ot'Jie.ISQo:at:~tmQratt:saI.e::S'
~lOOma:crrrlt;:aele:L\WJIIeD~cDIDii'fer:Qi;!~:miYea=uf&!
~u6Iie:ol~~Vc:aoo~~t~usesj
5taa~m'~1mit~~::a1ffi!aceJ;ja:~:- apmj!ui:efrclnse1:l'
[tiWate[~~iI~m
tLrai~.z:~ot~~~~O;g:relli]
Page 109
-
~l~
14.1804: BULK REGULA liONS:
A. Yard Requirements: All buildings in the B-4 district shall meet the following setback
req u i rements:
1. Front yard 30 feet
2. Side yard 10 feet
3. Corner side ysrd 30 feet
4. Rear yard 20 feet
B. Building Height: The maximum height of any building in the B-4 district shall be three
(3) stories or thirty bY]] feet (fm~~), whichever is less.
C. Lot Coverage: The total area of all buildings, structures and parking lots in a B-4
district shall be no more than seventy five percent (75%) of the total land area.
D. Transitional Setbacks: Where a side or rear setback in the B-4 district is contiguous
to any single-family residential property, all buildings, structures, and parking lots
shall meet the minimum required yard setback in the underlying zoning district or the
minimum required yard setback in the adjacent zoning district, whichever is greater.
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
of this chapter. The normal sales and services offered at automobile service
stations, drive-in/carryout restaurants and retail sales of motor vehicles are excluded
from this provision. (Ord. 4590,9-21-1993; amd. Ord. 4709,3-7-1995; Ord. 5034, 7-
20-1999; Ord. 5173, 3-6-2001)
Page 11 0
J..
ARTICLE XIX,.
-" il If'~
8-5 CENTRAL COMMERCIAL DISTRICT AND 8-5C CORE d,.
CENTRAL COMMERCIAL DISTRICT .
,il
'f.
14.1901: PURPOSE STATEMENT:
.t- ~.
I
The B-5 central commercial district includes the "downtown core" area, known as the
"core area" and designated on the zoning map as the B-5C core central commercial
district, 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 pedestrians.
Business, professional, and governmental offices and other nonsales 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 liarea of critical concern" due to
heavy traffic movement, intensity of development, and its essential role in the future
development of the village. (Ord. 4590,9-21-1993; amd. Ord. 5589, 9-19-2006)
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. (Ord. 4590, 9-21-1993)
14.1903: PERMITTED USES:
~!lIDN:1U~t1~iliE3o!i1!ftle':8~3~COfTlhJTmitUhomill::fq~al~m~p'IJTsrm~:fQII~intl:omml
Page 111
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14.1904: CONDITIONAL USES:
ttQ~~~p~itaJ]
~tQfIrEnlira~T3Q~
rtul5:ttl1milezr:~p~alt:~1KI~:SmYIde~5JiQnsl
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Caewas~
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C-.Pi'iEjjJiPI"l!':f~~I:lIQif[()f.fI)3U~
t&Y~-.t~eDJ:e.[5.~
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P:weJIID~r:l!mfS!dO:orQUiR[flQQ~
Eu[)e~(al:Q'i)oYas~
Page 112
-.
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14.1905: BULK REGULATIONS:
A.Maximum Density:
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 8-5 district unless stipulated by other requirements of this chapter. Setbacks for
accessory structures shall conform to section 14.306 of this Chapter. However,
where lots comprising forty percent (40%) or more of the frontage between two (2)
intersecting streets are developed with buildings having front yard setbacks, the
average of such front yard setbacks shall establish the minimum front yard setback
for the entire frontage. In no case shall a front yard setback of more than thirty feet
(3D') be required.
C.Height Limitations:
1. There shall be a maximum height of three (3) stories or thirty ~ feet (b~5J),
whichever is less.
2. The maximum height in the "core" area shall be eighty feet (80').
Page 113
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 Article XXIII of this Chapter.
E.Restrictions .on. Business Uses: All business activities, servicing, processing, and
storage, except for off-street parking or loading, shall be conducted within
completely enclosed buildings; except that outside display and sales, outside service
areas, and drive-through/drive-in services may be allowed as' regulated by this
Chapter.
~t
F.Transitional Setbacks: Wherever a lot in the B-5 District abuts any single-family
residential zoning district, all buildings shall be set back a distance equal to the
height of the building' in the B-5 District. Such setback. shall be landscaped as
required in ~rticle XXIII of this Chapter, except for those properties that abut 8
dedicated public alleyway. (Ord. 4590, 9-21-1993; Ord. 4709, 3-7-1995; Ord. 5000,
3-16-1999)
ARTICLE XX
aIR OFFICE RESEARCH DISTRICT
14.2001: PURPOSE:
The OIR office research district is intended as an area for corporate or headquarters
office development, and laboratories, research or product development facilities.
Accessory uses such as warehousing, assembly or repair are allowed with permitted
uses. The district is expected to encourage development with a high level of excellence
in site planning, landscaping and architecture. (Ord. 4590, 9-21-1993)
14.2002: PERMITTED USES:
aaJ:1K~lCEf~ial~fdsf(fatiQas~iBCTuain~afi~e!~fiCllitie-sJ
~.liSiil'e'&Lafja:tl;aae:S:CbQQlm
~mntfIte1Zif~S!aoQifaQHi~j
ltiQ!:lt'P.xQarrm~ifiblv.:~~teP.J3j[,:Jb cI5ajf}QJiern:s:IDTCI:lZ'(rs~
EIro5:ef:ionarolioJQQfaufji.c:a[mQfrjenJ~
ElectID1ii~prc5oUcm
Page 114
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(,.e~~~:""lLT2Vi';-\,.1_1.'" ~flf~j,::;uJJ,_'\;!.e
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.~~R3ttd!mi~-:~fis.t'
~~m~(jr;st1mfacmtias.1
14.2003: CONDITIONAL USES:
.m1t~
Itmm!;!,dl'!'~IS:1
~tWjmI:raailil~
EJ~.:Bmt~~fimJlt~ffioo~Q~~ea[Cti]
.1iI~!eTf~lf(f~~IQ~:f~lifiEiS]
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14.2004: BULK REGULATIONS:
A. Yard Requirements: All buildings 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 (3D'), 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 community
development director, parking may be permitted in all but the first thirty feet (3D') of
the required front yard.
Page 115
2. Minimum Side Yards:
Jill
a. Interior Side Yard: Any building or structure hereinafter erected shall be located
not less than ten feet (10'), plus one foot (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 ~ide 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 drives 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 drives are to be located in a rear lot line. If parking or loading facilities or
access drives are to be located in a rear yard, such facility or drive shall be located a
minimum of thirty feet (30') from rear or exterior lot line, or ten feet (10') from an .
interior rear lot line, which area shall be properly screened.
B. Building Height: The maximum height of any building in the O/R district 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 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 drives are to be located in a transitional side or
rear yard, such facility or drive shall be located a minimum of twenty five feet (25')
from the lot line, which area shall be properly 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:
Page 116
- ----- -
,; i
, .
_ ..L.. _ _
..,
1. Floor area devoted to product assembly and repair shall not exceed thirty percent
(30%) of the gross floor area of the facility. iI'
~t)l. ;
i!,
2. Floor area devoted to warehouse, distribution, and storage facilities shall not
exceed fifty percent (50%) of the gross floor area of the facility.
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3. No outside storage of material or products shall be permitted. (Ord. 4590, 9-21-
1993; amd. Ord. 5173, 3-6-2001)
ARTICLE XXI
1-1 LIMITED INDUSTRIAL DISTRICT
14.2101: PURPOSE:
The 1-1 limited industrial district is intended to provide an area suitable for industrial,
manufacturing, warehousing and 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. (Ord. 4590, 9-21-1993)
14.2102: PERMITTED USES:
ftm'.fOg~~~"S:IlmU=~Dsroif~i~~I[ffiifim!tm:rmIfi31:aist(la1
13~.~ie:$~
aedmt1'q~~TIf5ftnm
~ateEl?ers.i:~a.tteI~
~iatp'm;;rna..omaCtur.e1
~101B!'$iiiiJs:tllii1fmoorcrt&1
E'onf~tm:5"~fQlim~~mt!ooaitm'e~~s~lm~li'Q~
w:&~Lfrqm:lamS!
EI~tro]JlmmJ~mtir~P.f~i;St9DtiIrSt:t~fS'~aratJl1f~tmom
Page 117
~~
I,~ II'
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~~~cti_:Df~fR1~:~~Q;n3rr~' .
. . lij6S~~1fre$.~el~
I!'i~nfjjrral
Mai.I:a'(aeE:tfo[[~.sJ
~ical'::aoo=~:nfal:ta.I5Q(3t6ries'
NJili:i~R&L~~
~u'[teaJl21sJjli~ls:rn5o~uf3Clufirlqj
~ffic~~sr~s'f'aQg~pXoJtfssio::tial]
R1h~es~~tm~iji1arlers.1
~tttlQOa<n~a::mearaal~ijIince'!mawtactUre!
g3IKii1O':.l~m!tllJ:;)~~c~~~~
~Qlfe(M"aU~d!ce.famiGS':manufacttrtel
l!(infiMa'tm:'DmLSllm:a::'estafilmliffienf&1
gUblic:!tifiJitv:anif:seN[~~u}~{:lr~
Baoim,'aoo~[e:vi~6n~tatiQD&::~~ti.K:fiQs=ar:rcljowm1
6Ilde~~-=-I:iQQi{m~bj:Ifa:elUfe]
5pooiija~<:iooas':man.ufaal.Jre]
Ware boUsBJQ.=sloIlide.:3oa:'disf(if)[tionJaciIjtie-s.!
W&:ati6g~~rel.~ma6I!faCtJRe:J
gSf~tvic~:IaCililies:'sttall:b"e.:~Lted' ."..
........... I 3~~]oob ~ln~sut5s'ectlQ.o~1,"~~:31:3:E~!t~
wOOaWQrK.m~UiJ1d~WQti(j-=r:i(QQJJa6 manur
" ~L[reJ
Page 118
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14.2103: CONDITIONAL USES:
.~~~f!lea~~f~:1~:s!fEie~smm:~S^j)x~~~tmmm
~fmarretfa~
ltUtQr:U'Q6iI~Qaraae-,.-~~
~lQm:_~E~~6.:miQe~tatiQfi$~
Mir~Jr<<1tTIatenal!~f!.s:a~rJu.l~~
~:ar~~1j]
~!Sp.(~ilitiOO!
~mwrQQ~tjQfj!fag9fVJ
~amlelfllIricaticrft!
$mf~m:es5:~lfIl~s~~~~6Ze1jw~t~M~:am~ot'"aQ~'Wla!1
~'&Efits;ndi'6J:tctiOO]
~Q'etrr.Qls!i5.!QGft~~p:tn'3n];IfacIJte.1
m~f:g'G:ent~
~~mfac1m:e~eK~~~Q['5~c.eSsiQQ]
~~I~m~S:mmmctioo~
~tip~It~
2aJfm!tIton~~1Lut~tuta!
eel1:Q.em~trJY:~l~~tm!'dCOOSw1V'iUse.'S!
B1aQ1f.eo5aiex~~proE!I~:ool1~ml]
Page 119
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~OJ;~~QC.3lfO)J."3I~J
14.2104: BULK REGULATIONS:
A. Minimum Lot Size: The size of the minimum lot in the 1-1 limited industrial district
shall not be less than two (2) acres.
I? Yard Requirements: All buildings in the 1-1 district shall meet the following setback
requirements:
1. Front yard 30 feet
2. Side yard 15 feet
3. Corner side yard 30 feet
4. Rear yard 20 feet
C. Building Height: The maximum height of any building in an 1-1 district shall be llifI
~(3~dWfaEitl(~OJJ
D. Lot Coverage: The total area of all buildings, structures, and parking lots in an 1-1
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 an 1-1 district abuts any
residential zoning district, all buildings, structures and parking lots shall be setback
forty feet (40') from the abutting property line. Such setback shall include a six foot
(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 three feet (3') in height and planted two and
one-half feet (2 1/2') 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.
Page 120
1. __ ~ ~__ _
-jf
F. Restrictions On Industrial Uses:
:L
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I
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1. All businesses, servicing or processing, shall be conducted within completely
enclosed buildings. "
hall be within com.. Plet.osed bUild. ..
,~~" ~-'.,
effectively screened by a solid wall or fence, including
any gates, not less than six feet (6') nor more than eight feet (8') in height No stored
materials shall be visible above the fence. ' .'
G. Performance Standards: No use established in an 1-1 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 performance standards of the district are met
1. Noise Limitations: No industrial activity shall generate noise across any residential
or business zoning district boundary line in excess of the levels shown in table I of
this section, nor shall exceed seventy one (71) dBA when measured on the A-
weighted scale.
The 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).
TABLE I
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
Page 121
I
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i
2. Vibration Limitations:
;t;
a. Earthborne 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 earth borne
vibrations across any residence or business zoning district boundary line in
excess of the displacement limits established through use of the following formula:
o = 0.003
.f
where 0 = the maximum allowable displacement in inches
f = the vibration frequency in cycles per second
3. Smoke And Particulate Matter:
a. General Limitations: In addition to the 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.
I.
I
I
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 to a 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 twelve percent (12%) C02 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.
Page 122
..,.
2',
b. Permitted Smoke Emission: Within one thousand feet (1,000') 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 sixty (60) minute period.
Smoke not exceeding ringelmann no. 3. shall be permitted for five (5) minutes
during any eight (S) hour period for purposes of fire-cleaning only. Smoke in
excess of ringelmann no. 3 is prohibited.
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 one hundred eighty seven degrees Fahrenheit (1SrF)
- is permitted subject to compliance with all other performance standards for the
industrial districts.
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 one hundred eighty seven degrees Fahrenheit (1SrF)
but not less than one hundred five degrees Fahrenheit (1050F) - is permitted
subject to compliance with all other performance standards for the industrial
districts, and provided the following conditions are met:
(1) 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 ordinances of this code.
(2) Unless otherwise provided in this chapter, all such buildings or structures
shall be set back at least forty feet (40') from lot lines, or in lieu thereof, all such
buildings or structures shall be protected throughout by an automatic sprinkler
system complying with installation standards 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 one hundred five degrees Fahrenheit (1 050F) - shall be
permitted in the industrial districts provided:
Page 123
(1) That the final manufactured product does not itself have a closed cup flash
point of less than one hundred eighty seven degrees Fahrenheit (18rF).
I,: :t ,~i
(2) 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 of this code.
(3) 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 percent (10%) 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 rnaterials 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 inspector 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. Glare 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 foot-candle 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. (Ord. 4590, 9-21-1993; amd. Ord. 5173, 3-6-2001)
ARTICLE XXII"
OFF-STREET PARKING AND LOADING
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 prior to the effective date hereof, and provided that construction is
begun within six (6) months of such effective date and diligently executed to completion
(completion to be accomplished within 18 months of the effective date hereof), parking
Page 124
____ -1
r
I
I
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. . "
\11: "
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. (Oro. 4590, 9-21-1993)
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 erected prior 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 requirements of the previous use. (Ord.
4590, 9-21-1993)
14.2203: EXISTING PARKING AND LOADING FACILITIES:
Off street parking or loading facilities which were in existence on the effective date
hereof 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. (Ord.
4590, 9-21-1993)
14.2204: PERMISSIVE PARKING 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 are adhered to. (Ord. 4590, 9-21-1993)
14.2205: DAMAGE OR DESTRUCTION:
For any conforming or legally nonconforming building or use which is in existence on
the effective date hereof which subsequently thereto is damaged or partially destroyed
to the extent of less than fifty percent (50%) of its replacement value by fire, collapse,
explosion or other cause, and which is reconstructed, reestablished or repaired, 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
replacement value, it shall be necessary to provide parking or loading facilities as
required by this chapter for equivalent new uses or construction; provided, however,
Page 125
"
that if the principal building or structure contains 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. (Ord. 4590, 9-21-1993)
-14.2206: OFF SITE REMOTE PARKING FACILlTIES~
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 planning and zoning commission and filed with the
director of community development. 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 ~erved or the term of the lease, whichever shall terminate sooner. The planning and
zoning commission 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 served in the central business district, and no more than five hundred feet
(500') from the use served outside the central business district. (Ord. 4590, 9-21-1993;
amd. Ord. 5219,11-6-2001)
14.2207: PARKING AREA DESIGN:
It shall be the responsibility of the community development 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
topographical 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 site construction
specifications contained in chapter 16 of this code. Parking lots and accesses shall be
designed so as to discourage use of same as shortcuts and/or b passes when located
between ma'or arterial roadways. (Ord. 5253, 5-21-2002) . are
filterean 'ct . anslflr1e ri .ewa 'JalEJor I rs ~
14.2208: PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL
DISTRICTS:
The location and condition of commercial vehicles in residential districts shall be
permitted as prescribed hereinafter. The following shall not apply to commercial
vehicles conducting business at a location within a residential district, provided that no
such vehicle shall be parked for more than ten (10) consecutive hours and under no
circumstances shall be parked overnight:
Page 126
J....,
A. Permitted Nuinber Of Commercial Vehicles: No more than one commercial vehicle, "
as permitted herein, shall be parked on a single-family detached residential zoning
lot. No more than one commercial vehicle per residential unit shall be permitted in a
multiple-family residential development. "
B. Location Of Commercial Vehicle Parking: Commercial vehicles shall be parked in the
rear or side yard only, except that a vehicle may be permitted in the front yard if the
. property is developed in a manner that would physically prohibit parking in the rear
or side yard. If front yard storage is required, the vehicle shall be parked as near the
front of the garage as is physically possible. In all cases, commercial vehicles shall
be parked on an approved hard surface.
C. Size Of Commercial Vehicles: No commercial vehicles that exceed. any of the
following size criteria may be parked in a residential district: .
1. Seven feet (7') in height when measured from the ground to the top of the roof;
2. Seven feet (7') in width when measured from the widest point of the vehicle
(mirrors are not included within the 7 foot width limitation); and
3. Nineteen feet six inches (19'6") in length when measured from the front bumper to .
back bumper, excluding snowplow blades as permitted herein.
D. Exterior Storage On Commercial Vehicles: Storage on the exterior of commercial
vehicles which are parked within a residential district shall comply with the following
restrictions:
1. Rear: Trailers or other attachments shall be prohibited on the rear of a commercial
vehicle when parked in a residential district.
2. Front: Snowplows shall be permitted on the front of commercial vehicles during
the winter season.
3. Sides: No storage of any equipment, storage racks or materials shall be permitted
on the sides of commercial vehicles. Extension of trailer side walls and pickup truck
side walls shall be prohibited.
4. Top: Storage racks not exceeding eighteen inches (18") in height, inclusive of
ladders and other equipment, shall be permitted on commercial vehicles so long as
the overall height of the commercial vehicle does not exceed eight feet (8') when
measured from the ground to the top of the storage rack, inclusive of equipment
stored on said racks.
5. Pickup Truck Bed: Equipment (other than a permanently attached tool box) visible
above the top of the trailer and pickup truck bed shall be prohibited. Storage of
Page 127
-
I
"
I
landscaping material or other loose debris in the trailer or bed of a truck shall be
prohibited.
11
,.
E. Commercial Vehicle Signage: Signage located on the exterior of commercial vehicles
shall be limited to the front door panels only of a commercial vehicle. Commercial
vehicles parked withi~a garage will not be regulated with regards to signage.
,-
Any nonconforming commercial vehicle signage may be continued until December
31 J 2000. Thereafter, such signage shall be made to conform by means of alteration
or removal after January 1, 2001.
F. Prohibited Commercial VehiCle-Storage: Parking of a commercial vehicle containing a
refrigeration unit or other motorized compressor or a commercial vehicle with more
than four (4) wheels shall be prohibited within a residential district unless the vehicle
is parked within a garaqe in such a manner that the refrigeration unit is not audible
outside the garage. The foregoing is intended to be applicable to those vehicles
which use a refrigeration unit or compressor to further the commercial purpose of the
vehicle and does not apply to air conditioner units used for the comfort of the driver
and passengers.
G. Commercial Trailer Storage Limitations: All commercial trailers parked or stored on a
zoning lot in a residential district shall, at all times, be parked in a fully enclosed
garage.
H. Application Of Home Occupation Standards: The standards for home occupation as
set forth in section 14.307 of this chapter shall be applicable to the parking of
commercial vehicles in a residential district, provided that if there is a conflict
between section 14.307 of this chapter and this section, then this section shall apply.
(Ord. 4590,9-21-1993; amd. Ord. 4825,10-1-1996; Ord. 5426,4-20-2004)
14.2209: RESIDENTIAL DISTRICTS; PERMITTED PARKING:
Recreational vehicles and equipment as defined herein, automobiles, motorcycles,
trucks, vans, and vehicle trailers may be permitted to park only upon an approved
driveway or parking pad constructed to the required standards of the site construction
specifications contained in chapter 16 of this code. (Ord. 5447, 7-19-2004)
14.2210: REPAIR AND SERVICE:
No motor vehicle repair work of a commercial nature shall be permitted, in conjunction
with off street parking facilities provided. (Ord. 4590, 9-21-1993)
14.2211: ACCESSIBLE PARKING REQUIREMENTS:
Accessible (handicapped) .earking spaces shall be provided in compliance with the
Americans with Disabilities ~ct of 1990 as follows:
Page 128
..- ":'
..I...-
Ii,
A. Size: Each accessible parking stall for cars shall consist of an eight foot (8') wide
parking space and an adjacent five foot (5') wide access aisle, for a total of thirteen
feet (13'). Two (2) parking spaces may share an access aisle. The standard length of
accessible parking stalls shall be the same as all other parking stalls. .
Each accessible parking stall for vans shall consist of .an eight foot (8') wide parking
space and an adjacent eight foot (8') wide access aisle, for a total of sixteen feet
(16'). Two (2) parking spaces may share an access aisle. The standard length of
accessible parking stalls shall be the same as all other parking stalls.
B. Number: All parking lots required by this chapter shall provide the following number
of accessible parking stalls:
TABLE 1
Total Number Total Minimum Van Accessible Accessible Parking
Of Parking Number Of Accessible Parking Spaces With Spaces With
Spaces Parking Spaces (60 Minimum 96 Inch Minimum 60 Inch.
Provided (Per Inch And 96 Inch Wide Access Aisle Wide Access Aisle
Lot) Aisles)
Column A
1 - 25
26 - 50
51 - 75
76 - 100
101 -150
151 - 200
201 - 300
301 - 400
401 - 500
501 - 1,000
1,001 and over
Page 129
1
2
3
4
5
6
7
8
9
1
1
1
1
1
1
1
1
2
o
1
2
3
4
5
6
7
7
A 7/8 of column A
8 (7 out of every 8
accessible parking
spaces)
20 plus 1 for each 100 1/8 of column A 7/8 of column A
over 1,000 (1 out of every 8 (7 out of every 8
accessible spaces) accessible parking
spaces)
2 percent total parking 1/8 of column
provided (1 out of every
accessible spaces)
.
r:
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, and be
located on the shortest accessible route of travel to an accessible facility entrance.
I
I ~'",
D. Identification: Each accessible parking space shall be equipped with a sign which
complies with the Americans with disabilities act. Signs shall be vertically mount~d
on a post or a wall at front center of the parking space, no more than five feet (5')
horizontally from the front of the parking space, and set four feet (4') from finished
grade of the parking space to the bottom of the sign. (Ord. 5265, 8-6-2002)
.14.2212: LAND BANKING:
Any development that has a requirement for one hundred fifty (150) parking spaces or
more may request up to a thirty percent (30%) reduction in the required parking spaces.
Such request shall be approved by the director of cor.-:m!Jn!t~f de'Jelapment and shall be
accompanied by such documentation and evidence justifying the reduction. Such
requests shall also provide for additional land area which may be converted to parking
and shall be accompanied 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. (Ord. 4590, 9-21-1993)
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. (Ord.
4590, 9-21-1993) .
14.2214: CONSTRUCTION AND DESIGN:
The construction and layout of the parking lot shall conform to all site construction
specifications contained in chapter 16 of this code. (Ord. 5253, 5-21-2002)
14.2215: DRIVEWAYS:
All driveways must conform to the requirements set forth In the site construction
specifications contained in chapter 16 of this code.
AResidential: Residential driveways in the R-X, R-A, R-1, R-2 districts shall conform to
the following requirements:
1. Number: One driveway may be permitted per lot, with a maximum of one curb cut
to the street pavement per driveway. Circular or dual frontage driveways may be
permitted only by conditional use and must meet these minimum requirements:
Page 130
1
~....... -...-... - ~
a. Minimum Turning Radius: The circular drive portion of the driveway shall have a
minimum turning radius of fifteen feet (15'); .I "
'i!
,"
I~ .'
a
b. Width: The circular drive portion of the driveway shall have a minimum width of
twelve feet (12');
.f' ~
.1
~,' "-'
c. Lot Width: Circular or dual frontage driveway shall be allowed on lots seventy
five feet (75') or greater.
See figure 1 illustrating minimum requirements at the end of this section.
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: Driveway width shall be calculated by including all abutting parallel
sidewalks that are constructed of the same material and color as that of the
driveway. Such abutting parallel sidewalks constructed of the same material and
color as that of the driveway shall be considered part of the driveway and subject to
all applicable regulations regarding the design and use of driveways within this code.
If abutting parallel sidewalks are constructed ,of different materials or of the same
material but a different color than that of the driveway, they shall not be included in
calculating driveway width, but shall be considered sidewalks and be subject to all
applicable sidewalk regulations within this code. All driveways shall be unobstructed
from any encroachment such as chimneys, fireplaces, and bay windows. Driveways
may be installed and maintained as follows:
1
I
a. Driveway width shall be limited to thirty five percent (35%) of the lot width, as
measured at the required front setback line, for all lots with widths of sixty (60) to
seventy five feet (75'). The maximum driveway width for lots less than sixty feet
(60') in width shall be twenty one feet (21'). Lots which exceed seventy five feet
(75') in width shall have a maximum driveway width of twenty six feet (26'). The
minimum driveway width for all single-family residences shall be eight feet (8').
b. Driveways serving garages with a width greater than the maximum driveway
width permitted within subsection A3a of this section may be the same width as
the garage within fifteen feet (15') of the garage's front elevation. The garage
width is determined by measuring the width of the garage doors plus, if applicable,
the separation between the garage doors, plus two feet (2') on either side. The
driveway width must be tapered to no greater than the maximum width at the lot
line as set forth hereinabove.
c. If a driveway is located within a required front or exterior side yard and serves
an attached garage that fronts on a public right of way; no portion of the driveway
edge that is on the interior of the lot (as opposed to the edge of the driveway
Page 131
closest to the perimeter lot line) may extend more than three feet (3') beyond the
opening for the garage door.
,1/; I
d. Parallel paving strips shall be permitted as alternatives to paved driveway
surfaces.
.."'...0.,":'-..
...;-.~. .~
I
I'
. 4. C.onstruction: Driveways and driveway approaches shall be paved with concrete,
bituminous concrete or paver bricks in accordance with the construction standards
set forth in section 16.306 of this code.
B.lndustrial: The driveway width for an industrial building shall be adequate to maneuver
trucks in and out of the site. Driveways which exceed thirty feet (3D') must be
approved by the director of community development.
C.Other: All other uses shall have driveways of twenty four feet (24') in width (12 feet
per lane). When more than two (2) lanes are approved by the community
development director on the basis of need, each lane shall be twelve feet (12') wide.
A driveway more than two (2) lanes wide must be physically divided to provide for
safe vehicular movement.
FIGURE 1: MINIMUM REQUIREMENTS
Page 132
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.<jt
14.2216: SIZE AND ACCESS:
All parking stalls and aisles shall have the minimum dimensions, as set forth in figure 1 1
", provided that the automobile overhang of net greater than two feet (2') may be
included in stall depth calculations where such overhang does not extend beyond the
property line, aD encroach on the minimum width of the sidewalk, or encroach LJPon 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 seven feet six inches (7'6").
"An Industrial, commuter, m long term business office ~1lilifJjjI(tlfamil~le_$i9~mal~:Us]l
may request a reduction to eight and one-half f€ct {A 1/2') in stall width. Such request
shall be approved by the director of community development and must be accompanied
by such documentation and evidence which shall justify the parking lot safety. (Ord.
4590,9-21-1993)
EI.GJ.9B"Erl1~i:~j
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B1in
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Dm B
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Page 134
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14.2217: IN YARDS:
Off street parking shall conform to the following standards:
A. Residential Districts: Off street parking shall meet the required setbacks of the
specific district.
B. Nonresidential Districts: Off street parking shall be permitted within ten feet (10') of
the property line unless adjacent to single-family residential districts. Off street
parking shall be prohibited in required yards that are adjacent to single-family
residential districts. (Ord. 4678,10-4-1994)
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 interior stalls pr1frfjlm;afiOT'lS!.vtl:i~~a
~{5j;'[erate-","bmo;e.xistat (Ord. 4590, 9-21-1993)
14.2219: PARKING LOT LIGHTING:
Page 136
~ -....
"
In addition to the requirements outlined below, all parking lot lighting shall comply with
the outdoor lighting regulations included in section 14.314 of this chapter. All parking
lots with more than four (4) spaces shall provide lighting. Artificial lighting used to
illuminate any parking lot shall comply with the regulations as set forth in this section.
A. .General Requirements:
1. Pole Height And Material:
a. The total height of light fixtures, including the pole, pole support, fixture and
related equipment, shall be limited to the district height limit or a maximum of thirty
feet (30'), whichever is less.
b. Light poles shall be constructed of metal, or other material. acceptable to the
village engineer. Wood poles are prohibited.
2. Glare Onto Adjacent Properties Prohibited: Electric lighting used to illuminate off
street parking areas or driveways shall be directed away from adjacent properties
and rights of way in such a way as to not create a nuisance. The following
illumination standards shall be:
a. Light intensity at a property line abutting a residential property shall not exceed
0.1 foot-candle.
b. Light intensity at a property line abutting a' nonresidential property or right of
way shall not exceed 0.5 foot-candle.
3. Protection Of Lighting Fixtures: Light poles in a parking lot shall be protected from
vehicles by curbed landscape islands or curbed landscape diamonds.
4. Illumination Levels And Uniformity: The following criteria for minimum illumination,
maximum illumination, and uniformity shall be met for all parking lots:
Type
Development
Multi-family
residential
Of Minimum
Illumination
(Foot-Candles)
0.1
IES Maximum
Level Illumination
(Foot-Candles)
1.5
IES Uniformity
Level
Industrial
0.2
3.0
4:1
(ave./min.)
15:1
(max./min.)
3:1
(ave./min.)
12:1
(max./min.)
4:1
Commercial
0.2
2.4
Page 137
'II l~
"f. ,
Public, semipublic, 0.2
and institutional
2.4
(ave./min.)
15:1
(max./min.)
3:1
(ave./min.)
12:1
(max./min.)
II
B. Nonconforming Lighting: Any existing parking lot lighting that does not conform to.
these re'gulations shall be made to L:onform by means of alteration no later than
January 1, 2006. (Ord. 5380, 11-4-2003)
. 14.2220: CURBS AND GUTTERS:
Combination concrete curb and gutter or concrete barrier curb is required around the
perimeter of all parking lots and around all islands, provided that with approval of the
director of community development this requirement may be deferred for the area
adjacent to any future expansion as part of a staged development. Where alternatives
to concrete curb and gutter are demonstrated to be more appropriate and
recommended by the village engineer, said alternatives may be approved by the
director of community development. (Ord. 4590, 9-21-1993) .
14.2221: STRIPING:
Striping of the pavement surface to define each parking space is required and shall be a
minimum of four inches (4") in width from the length of each space. A double stripe 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. (Ord. 4590,9-21-1993)
14.2222: MAINTENANCE:
Upon completion, all parking areas shall be properly maintained at all times, without
potholes, broken curbing or other irregularities. (Ord. 4590, 9-21-1993)
14.2223: SCREENING AND LANDSCAPING:
All open automobile parking areas containing more than four (4) parking spaces shall be
effectively screened as per the requirements contained in the landscape section of the
development code. (Ord. 4590, 9-21-1993)
14.2224: OFF STREET PARKING REQUIREMENTS:
The required number of off street parking spaces shall be calculated as listed below:
Page 138
..!..---
,(
il.
l
TABLE OF OFF-STREET PARKING REQUIREMENTS "
", 'i.
Use Parking Requirements
:il\;
1
'"
RESIDENTIAL:
Single-family attached and
detached dwellings: 2 spaces per dwelling unit.
Duplex dwelling:
2 spaces per dwelling unit.
Multiple-family dwellings:
1 and 2 bedrooms:
3 or more bedrooms:
2 spaces per dwelling unit.
2 1/2 spaces per dwelling
unit.
~~rI4~
Bm aenior citizen housing'.issm.~it::i~i~tE.aeI[tYJ
Efficiency and 1 bedroom: 3/4 space per dwelling unit.
2 bedrooms: 1 space per dwelling unit.
Hotel/motel:
1 space per guest room plus
1 space per employee
Convalescent home
nursing home:
- 1 space per 4 residents plus 1
space per employee.
COMMERCIAL, RETAil, SERVICES:
Freestanding stores and
shopping centers (up to 4 spaces per 1,000 square
30,000 feet of gross floor area.
Page 139
~,
<1, I
on peak
(Restaurants
lounges
separate
calculations. )
!i;: rl!
11 .'"
shift.
and
require
parking
square feet):
j ; .~
(Restaurants as
require separate
calculations. )
tenants
parking
I.
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"
Shopping center (30,000-150,000
square feet): 4.5 spaces per 1,000 square
feet gross floor area.
Shopping center (more than 150,000 .
square feet): 4 spaces per 1,000 square
feet gross floor area..
Furniture:
2 spaces per 1,000 square
feet gross floor area.
Auto sales:
1 space per 1,000 square feet
plus those spaces required for
service bays.
Sit down restaurant:
1 space for each 3 seats plus
1 space per employee.
Fast food without drive-in: 12 spaces per 1,000 square
feet gross floor area.
Fast food with drive-in:
12 spaces per 1,000 square spaces for the first
feet gross floor area plus 8 window and 2
stacking stacking spaces for
each additional
window.
Auto service - quick serve
(20 minutes or less):
1 space per employee plus 2
spaces per service bay.
Auto service - drop off:
1 space per employee plus 5
spaces per service bay.
Page 140
Car wash - se'lf-serve:
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Car wash - tunnel:
Da nce/m u sic/vocationa 1/
trade schools:
Personal services:
Undertaking
establishments:
.
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. 1 space per bay plus 2"
stacking spaces per bay.
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Stacking spaces for 20
minutes of waiting plus 1
space per employee. (3
minutes average per car, plus
1 space per employee.) _
2 spaces per 3 employees
plus 1 space per maximum
number of
students as determined by.the
Director of Community
Development.
4 spaces per 1,000 square
feet gross floor area.
20 spaces per 1,000 _ square
feet of parlor space.
OFFICE AND INSTITUTIONAL:
Offices: financial, civic,
business, and 4 spaces per 1,000 square
professional: feet of gross floor area.
Offices: medical/dental:
Banking facility:
Hospital/sanitarium:
Page 141
5 spaces per 1,000 square
feet of gross floor area.
3 spaces per 1,000 square
feet gross floor area plus D
stacking spaces for each
window.
2 spaces per 1,000 square spaces per bed,
feet of gross floor area or_1.2 whichever is greater.
I
,
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Religious institution: "
1 space per 3 worshipers.
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EDUCATIONAL:
Daycare center/nursery:
1 space per employee plus 1
space for each 10 licensed
capacity slots.
K-8th grades:
1 space per employee plus 8
spaces for visitors.
Senior high school:
1 space per employee plus 1
. space per 8 students.
College/u n iversity:
1 space per 2 employees plus
1 space per 4 students based
on maximum capacity.
PUBLIC AND SEMIPUBLIC USES:
library:
2 spaces per 1,000 square
feet gross floor area.
CULTURAL AND ENTERTAINMENT:
Amusement 1 space per 3 persons
establishments: capacity plus 1 space per
employee.
Arena/stadium:
1 space per 4 seats plus 1
space per 2 employees.
Bowling alley:
5 spaces per lane.
Clubllodge:
4 spaces per 1,000 square
feet of gross floor area.
Cultural institutions and
museums:
3.5 spaces per 1,000 square
feet of gross floor area.
Page 142
~
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Golf course:
",
i',' 'I,' "
60 spaces per 9 holes plus 1
.,," space per 2 employees.""
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Swimming pool:
13 spaces per 1,000 square
feet of pool area.
Tennis club:
2 spaces per court.
Theater:
1 space per 4 seats.
Gym/health club:
5 spaces per 1,000" square
feet of gross floor area.
INDUSTRIAL:
Manufacturing, research 1 space per 1.5 employees
plus 1 space per
and development, utility: company vehicle. (Office
space calculated separately.)
Warehouse: 1 space per 1,500 square feet
of gross floor area. (Ord.
4590, 9-21-1993; Ord. 5034,
7-20-1999)
14.2224.1: CENTRAL AREA PARKING REGULATIONS:
In the 8-5 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 percent or more), or a change
in use which warrants additional parking, spaces shall be provided as follows:
Drive-in/drive-up facility:
4 stacking spaces for each
window plus those required
for the principal use.
Furniture and appliance store:
First floor:
1 space per 1,000 square
Page 143
Ii'
I:
I ~
feet of floor area., .
1 space per 1,500 square,
feet of floor area.
2 spaces per 1,000 square
feet of gross floor area.
it 'I ;~ :1:
j'
Other than first floor:
Library:
Multi-family dwellings:
Efficiency and 1 bedroom:
2 bedroom:
3 bedroom:
Office/retail:
First floor:
1 space per unit.
1 1/2 spaces per unit.
2 spaces per unit.
Second floor:
4 spaces per 1,000 square
feet in excess of 1,500
square feet of floor area;
4 spaces per 1,000 square
feet in excess of 2,000
square feet of floor area;
4 spaces per 1,000 square
feet in excess of 2,500
square feet of floor area.
. Above second floor:
Office-medical:
First floor:
3 spaces per examining
room.
2 spaces per examining
room.
Restaurant, sit-down: 1 space for each 4 seats,
plus 1 per employee.
Restaurant, fast-food, without drive-through: 8 spaces per 1,000 square
feet of gross floor area.
Other uses: 8-5 Zoning District, parking spaces shall Uses not listed in the above
be provided at 50 percent in number as required schedule of parking
elsewhere. (Ord. 4590, 9-21-1993; Ord. 4709, 3-7- requirements for the
1995; Ord. 5034, 7-20-1999)
Other than first floor:
14.2225: OFF-STREET LOADING:
A.
Page 144
I.
combination thereof, not less than six feet (6') in height. Such required 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.
_.'i', I.
B. Size: This Chapter provides for two 2) sizes of loading berths, short berths and Ion
berths.
. The vertical clearance of all berths shall
be not less than fifteen feet (15'). The size of short and long loading berths shall
conform to the following:
1. Short Berths: The size of berths, maneuvering aprons, and access aisles shall be
as follows: .
a. Berth Size: Short berths shall have a minimum width of twelve feet (12') and a
minimum length of thirty five feet (35').
b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided.
c. Access Aisles: A width of at least twelve feet (12') shall be provided for one-way
aisles and twenty two feet (22') for two-way aisles. .
2. Long Berths: The size berths, maneuvering aprons, and access aisles shall be as
follows:
a. Berth Size: Long berths shall have a minimum width of twelve feet (12') and a
minimum length of fifty feet (50').
b. Maneuvering Apron: A maneuvering apron of sixty feet (60') shall be provided.
c. Access Aisles: A width of at least fourteen feet (14') shall be provided for one-
way aisles and twenty four feet (24') for two-way aisles.
C. Access: Each r.eurJr~ off-street loading berth shall be designed with appropriate
means of vehicular access to a street or alley in a manner which will least interfere
with traffic movement, and shall be subject to approval by the Director of Community
Development.
D. Surfacing: All open off-street loading berths shall be paved 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 conjunction with loading facilities provided in any district, except that:
Page 145
1. Emergency repair service necessary to start vehicles shall be permitted in all
districts.'."
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F. Utilization: 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 feet (500') removed from the
central loading area.
4. The tunnel or ramp connecting a central loading area with the zoning lot serviced
shail be not less than twelve feet (12') in width and have a clearance of not less than
twelve feet (12').
H. Minimum Facilities: Uses for which off-street loading facilities are required herein, but
which are located in buildings with less 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. (Ord. 4590, 9-21-1993)
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ARTICLE XXIII
LANDSCAPE REQUIREMENTS
14.2301: INTENT AND PURPOSE:
The purpose of these landscape requirements is to promote, protect and preserve 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, debris, 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 topographical features by limiting
unnecessary clearing and modification of land, encouraging 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. (Ord. 4590, 9-21-
1993)
14.2302: LANDSCAPE PLAN REQUIREMENT:
A landscape plan shall be required and approved by the Director of Community
Development for the following:
Page 150
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A. Any nonresidential development of a.parcel of land involving the construction of
any new building(s) I structure(s) lIi~ . _f&]~~ :1'
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t f' ". \
II . .
B. Any multi-family residential development and/or residential PUD, II
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C. Any development involving expansion by more than twenty five percent (25%) of an
existing structure, if constructed after the effective date hereof, II
~ctt'V:al~~~.mYpt.tett.vt
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. (Ord. 4590, 9-21-1993)
14.2303: CONTENT OF LANDSCAPE PLAN:
A. Elements Of The Preliminary Landscape Plan:
1. Show the proposed location of all new plant materials.
2. Indicate the character of suggested plant materials to be used (i.e., shade trees,
ornamental trees, shrubbery, etc.).
3. A tree survey shall be prepared which lists the location of existing vegetation (4
inch caliper and above) with sizes, imG[iml, and species (common and botanical
names) recorded. Indicate on the plan those plant materials to be preserved,
removed or transplanted.
4. Proposals to protect and preserve existing trees during and after construction.
5. Location of existing natural site features, including, but not limited to, large
boulders, rock outcroppings and streams.
B. Elements Of A Final Landscape Plan: Locations of existing and proposed
improvements.
1. Building outlines, with entry and exit points.
2. All utilities.
3. Lighting.
4. Walls.
5. Fences.
Page 151
.1"
6. Parking areas (spaces delineated, including handicapped spaces, curbs).
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I.
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.. .,7. Spotelevat;\ons and/or conto~rs existing and proposed.
~1'"
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8. Berms.
9. Existing (4 inch caliper and above with drip line) and proposed plant material.
.. .
10. Paved surfaces.
11. Sign locations. .
12. Public rights of way/easements, including street widths.
13. Refuse disposal areas.
14. Other exterior landscape amenities, such as bike paths, plazas, etc..
15. Property lines.
C. Planting Schedule:
1. Plant material schedule, listing: botanical names; common names; caliper or
height; and quantity.
2. Plant material schedule of all trees (4 inch caliper and above) to be removed,
listing: botanical names; common names; caliper or height; and quantity.
_l!1B!tqt~I~'a.te'.aili.rSD1JarEfl;[ee:f~fifhe::IO:t:fo!Q~LQeJZEB.OPool
lIIBl(fte.!1QlalIs1i.uJ~Eelfijet~arra!o:ejcel1taQehof;itie:~ate:.a:JjeinqJan(t$~aoedt
.*fieltO:tatif1[jmh~O'f~ff.eJi$Re.:a:eri~[aEig!Pllfr5~s..ea~OO
r&glt~"'e1tQta[fri~pliiQffsl1dJfiSirea:UitaalallmQJL~J:iQs.em
D. Miscellaneous:
1. Proposed treatment of all ground surfaces (pea gravel, ground covers, sod, seed
and/or prairie).
2. Other drawings and information as required:
Page 152
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- a. Irrigation plan,
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b. Grading and drainage plan, showing spot elevations and/or cross sections~
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3. Methods to be used to protect plants and planted areas (curbs, ties, walls, etc.).
E. Title Block:
1. Name and address of property owner.
2. Name of landscape architect.
3. Firm name and address.
4. Scale data.
5. North arrow.
6. Date.
F. Natural Feature Details: Provide the following: elevations, cross sections, samples
and/or photographs to indicate:
1. Texture of exposed surfaces.
2. Landscape material.
3. Scale.
4. Color of exposed surfaces.
5. Planting in relation to buildings.
G. Manmade Feature Details: Provide the following: technical information, samples,
details and/or photographs of materials to be used:
1. Light standards.
2. Benches.
3. Fences.
4. Walls.
5. Signage.
Page 153
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6. Safety lightipg.
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7. Other site details. (Ord. 4590,9-21-1993)
14.2304: DESIGN CRITERIA:
A. Scale And Nature Of Landscape Material: The scale and nature of landscape
. material shall be appropri?te t<:> 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 microclimates.
c. Selected for interest in its structure, texture, and color for its ultimate growth.
d. Harmonious to the design, and of good appearance.
e. In conformance with american standard for nurse
Page 154
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D. Maintenance Of Plant Materials: 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
village. When any existin'g landscaping materials are removed from a nonsingle-
family residential property, the removed materials must be replaced in similar kind
and quantity. A means of irrigating plant material shall be provided. Installation of an
automatic underground sprinkling system is ~~I~~. ;
.
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E. Planting Beds: 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
during 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.
I. Berming: Earthen berms and existing topography shall, wherever practical, be
incorporated into the landscape treatment of a site. Such berms must meet the
requirements specified in chapter 16. article VII of this code.
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. Protection 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 Material Will Not Prosper: In areas where general planting will not
prosper, other materials (such as fences, walls and pavings of wood, brick, stone,
pea gravel, and cobbles) shall be used. Carefully selected plant material shall be
combined with such materials where possible.
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M. Exterior Landscape Lighting: 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 bri htness and brilliant colors
shall be avoided. Utilit services shall be underground
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N. Amenities: 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. (Ord. 4590, 9-21-1993; amd. Ord. 5253,
5-21-2002; Ord. 5426,4-20-2004)
14.2305: RIGHT OF WAY LANDSCAPING:
Where a parcel abuts a dedicated public right of way, parkway trees shall be provided in
accordance with subsection 15.502E of this code and sections 15.808 and 16.902 of
this code.
A. Graded And Sodded: All unpaved areas within the right of way shall be graded and
sodded in accordance with section 16.904 of this code. (Ord. 5253, 5-21-2002)
14.2306: PARKING LOT LANDSCAPING:
A. Applicability: All parking lots designed for four (4) or more parking spaces shall be
planted in accordance with the provisions of this article.
B. Interior Plantings:
1. Percentage Of Plantings: Five percent (5%) 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 subsection C of this section shall not be included toward
satisfying this requirement. Moreover, foundation landscaping areas, as specified in
section 14.2307 of this article shall not be included toward satisfying the interior
parking lot landscaping requirements.
2. Planting Areas:
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3. Planting Materials:
a. 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 contribution
to the landscaping. Plants which have proven to be the most tolerant of salt
are recommended. These include bayberry, rugosa rose, dwarf Kim lilac and
polygonum ground cover. When using evergreens, the planting beds shall be
bermed, plantin the ever reens on hi her round.
b.
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be at least fifty
percent (50%) live coverage.
C. Perimeter Landscaping:
1. Front And Corner Side Yards:
a. Across From Residential Property:
(1) 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 feet (3'). Such
landscaping shall consist of berms, shade and ornamental trees, evergreens,
shrubbery, hedges, and/or other live planting material.
(2) Except where occupied by planting beds, all landscaping areas located in
front and corner 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:
(1) The screen/buffer area between the parking lot and the residential property
line shall be a minimum of six feet (6') in height.
Page 163
.;1 (2) Shade trees shall be provided at the equivalent of not more than fifty feet
(50') apart.' "
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" (3) Other planting material, including ornamental trees, evergreens, shrubbery,
hedges, and/or other live planting materials shall be provided at intermittent
locations, covering at least seventy five percent (75%) of the frontage.
(4) Except where occupied by planting beds, all side and rear yard perimeter
landscaping area shall be sodded or seeded.
D. Abutting Nonresidential Property:
1. Where a parking lot abuts property zoned for nonresidential use, landscaping
shall be provided across fifty percent (50%) of that portion of the parking lot abutting
the property line to a minimum height, 0f three feet (3'). 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 feet (35') along the property line.
2. Except where occupied by planting beds, all side and rear yard perimeter
landscaping areas shall be sodded or seeded. (Ord. 4590, 9-21-1993; amd. Ord.
5034, 7-20-1999)
14.2307: FOUNDATION LANDSCAPING:
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. (Ord. 4590, 9-21-1993)
14.2308: PERIMETER LANDSCAPING:
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A. Applicability: All "nonresidential and multiple-family developments shall provide
perimeter landscaping in accordance with the provisions of this article. When a
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parking lot is located on the perimeter, the requirements of section 14.2306 of this
chapter, parking lot landscaping, "shall be adhered to,~'
B. Nonresidential Property Abutting Nonresidential Property: Where nonresidential
. property abuts property zoned for nonresidential use, landscaping shall be provided
as follows:
1. Shade trees shall be provided at the equivalent of seventy five feet (75') 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.
_~r;~~eem=)M=~e~~~: all perimeter landscaping areas shall 11
C. Nonresidential Property Abutting Residential Property: Where nonresidential
property abuts property zoned for residential use, 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 feet
(75') apart along the abutting property line. Such trees may be clustered or spaced
linearly as determined appropriate.
~c1;~~~,t~=~~~tl~~~~: all perimeter landscaping areas shall 1m
D. Multiple-Family Residential 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 feet
(75') 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,
Page 165
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spaced at intervals of approximately thirty five feet (35') along the abutting property
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. .~: all perimeter landscaping areas shallli!l
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, .E. Screening Of Refuse Disposal Areas: All refuse disposal areas shall be screened on
all four (4) sides by a solid wood fence or an equivalent screening material to a
height of six feet (6') .ftiiJ[.__~~~t&s~rE1j~1fS"a~~a~iJ~-ef..er1lis
m-~atel1. (Ord. 4590,9-21-1993; amd. Ord. 4678,10-4-1994)
14.2309: TREE PRESERVATION:
This section provides standards for protection of trees on private property. Chapter 9.
article VII of this code provides standards for protection of trees on public property.
A. Tree Removal Procedure:
1. No tree having a caliper of four inches (4") 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 n~ra private property. Section 9.703 of this code
provides standards for removal of public property trees.
2. The application for a tree removal permit shall be accompanied by:
a. A written 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
community development) surrounding the tree to be removed. The tree survey
shall consist of trees four inch (4") caliper and above and include a listing of
species.
d. Arguments for removal under subsections A3c and A3d of this section shall be
accompanied by a report from a certified arborist if requested by the department of
community development.
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3. The village shall approve an application for a tree removal permit if one or more of
the following conditions is present: ", 'I' " "
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a. It is necessary to remove a tree which poses a safety hazard to pede.strian or
vehicular traffic or threatens to cause disruption of public safety.
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" b. It is necessary to remove a tree which poses a safety hazard to structures.
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c. It is necessary to remove a tree which is diseased or has been weakened 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. Protection Of Existing Trees: The following materials are required for all development
activity requiring site plan review:
1. A tree survey indicating the location, size, and species of all trees located on the
parcel with a caliper of four inches (4") 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 those 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:
(1) All grading and construction equipment shall be forbidden from encroaching
within the drip line of a tree.
(2) 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 affect the health of the tree.
(3) Snow fencing shall be temporarily installed at the periphery of the tree's drip
line.
(4) No grade changes shall be allowed under drip line of any trees located on
the tree survey.
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b. The methods which are to be used to preserve those trees shall be clearly :..
specified. If, in the opinion of the village, the necessary precautions as specified in
" the tree preservation. plan were 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. tt,-~_.
4. In the event that a tree designated for preservation is destroyed or razed during
the construction process, such trees shall be replaced with new trees in accordance
with the following:
Caliper (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
inch (1/2"), the lower full number listed above shall be used. If a fraction is one-half
inch (1/2") or greater, the higher number shall be used.
5. All replacement trees shall have a minimum caliper of four inches (4").
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 (male).
e. Oak.
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g. Thornless honey locust (cultivars).
h. Tulip tree.
i. Horse chestnut.
j. American beech.
Page 168
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the landscape plan. The amended landscape plan shall indicate the location,
species, and size of all replacement trees. (Ord. 4590, 9-21-1993; amd. Ord. 5253,
5-21-2002)
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ARTICLE XXIV
DEFINITIONS'
14.2401: PURPOSE:
In the construction of this chapter, the definitions contained in this article shall be
observed and applied, except when the context clearly indicates otherwise. In further
amplification and for clarity 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 STRUCTURE: A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental and accessory to that
of a principal structure. Said structures may include, but are not limited to, garages and
sheds, as further defined by this code.
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 DEVICE: Any machine, game, table or device which is designed,
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 consideration and is
operated by the manipulation of buttons, dials, trigger devices or electrical impulses.
Page 169
ANTENNA: A system of wires, poles, rods, reflecting disk, or similar devices used for
the transmission or reception of electromagnetic rays, external to or attached to the
exterior of any s!ructure.""H
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APPLICANT: Refer to section 15.202 of this code.
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APRON: Refer to section 16.202 of this code.
ARBOR/TRELLlS: A decorative feature, . constructed from latticed or patterned
materials, that is no more than twenty five percent (25%) opaque.
AUTOMOBILE GARAGE: A business establishment which shall include major 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 or
fender straightening, or reconstruction and painting of vehides or r~rts thereof.
AUTOMOBILE MAINTENANCE AND SERVICE CENTER: A business establishment
which shall include incidental or minor repair of motor vehicles, including the
replacement of worn or damaged parts in minor motor or tune up services, but not
including the sale of gasoline products or any operation included within the definition of
"automobile garage".
AWNING: 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: Refer to section 21.501 of this code.
BENCHMARK: Refer to section 16.202 of this code.
BLOCK: A tract of land bounded by streets, or combination of streets and public parks,
cemeteries, railroad right of way, waterway shorelines, or boundary lines of
municipalities.
BUILDING: Refer to section 21.501 of this code.
BUILDING, EXISTING: Any structure erected prior to the adoption of the 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 extend, except as specifically provided by law. (Also referred to as building
setback line.)
BUILDING, PRINCIPAL: The primary structure or building located on the lot which
houses the permitted use or conditional use within the zoning district.
Page 170
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CANOPY: A roof like structure, without walls, screens, or windows,;: that projects from
the building wall, covering a stoop, and does not exceed the dimensions of the stOOp.'
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CERTIFICATE OF COMPLETION: Refer to section 15.202 of this code.
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CERTIFICATE OF OCCUPANCY: Refer to section 15.202 of this code.
III
.,ii
COMMERCIAL/BUSINESS SCHOOL: An establishment which offers specific courses of II
classroom instruction, for profit, to the general public, in business, trade, industry or
other trained skills; but does not offer academic instruction equivalent to the standards
prescribed by the school code of Illinois.
COMMERCIAL TRAILER: Any trailer: a) carrying work equipment such as ladders,
snowplows, .hand or mechanical tools; b) carrying work machinery on or affixed to the
outside of the trailer; c) containing a refrigeration unit or other motorized compressor; or
d) being used for storage shall be considered commercial trailers. None of the following
shall be considered a commercial trailer: a) a recreation trailer that is not included in the
above categories; and b) Mount Prospect police or fire trailers.
COMMERCIAL VEHICLE: Any vehicle with a class designation other than passenger,
or trailer carrying work equipment such as ladders, snowplows, hand or mechanical
tools, or machinery on the outside of the vehicle; or containing a refrigeration unit or
other motorized compressor, not including air conditioner units used for the comfort of
the driver and passengers; or any vehicle or trailer containing a name, logo, or any
other signage for any business enterprise visible from the outside of the vehicle; or any
vehicle used for public transportation purposes capable of carrying more than seven (7)
persons, excluding vehicles used as commuter vans as defined by the Illinois motor
vehicle code. Government police and fire vehicles falling within the size criteria set forth
in this chapter, pickup trucks with class B designation, passenger vans with class B
designation, and recreation vehicles not fitting within the above criteria shall not be
considered commercial vehicles.
COMMON OPEN SPACE: A parcel or parcels of land intended to provide light and air,
and designed and intended for the common use or enjoyment of the residents or
occupants of the development.
COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent
basis in a family like environment by a group of 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 developmental disabilities are present at the dwelling; and complies with the zoning
regulations for the district in which the site is located.
COMPREHENSIVE PLAN: The plan for the long range growth and development of the
village including graphic and written proposals and supporting or implementing
documents, as are adopted and amended from time to time.
Page 171
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CONDITIONAL USE: A use that, owing to some unique characteristics attendant 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 in which the conditional use may be located.
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CONTROL OR OWf\JERSHIP: Any person, agent, firm or corporation haying a legal or
equitable interest in the property or having the legal authority to act on behalf of all
owners, which s~all.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
turnaround. .
DAMAGE: Any direct loss of property by fire, windstorm, flooding or act of God.
DAYCARE CENTER: A nonf~mily home that regularly provides daycare for less them
twenty four (24) hours per day for more than three (3) children. Daycare centers shall
meet all applicable village, county and state regulations.
DA YCARE HOME: A family home which receives more than three (3) and up to a
maximum of riiQb1!lB~m children for less than twenty four (24) hours per day, provided
the mix of the children's ages does not require an assistant pursuant to the Illinois
department of children and family services' licensing standards for daycare homes. The
maximum of !idlJ.t!:81i.11 children includes the family's natural, foster or adopted children
and all other persons under the age of twelve (12). Daycare homes shall meet all
applicable village, county and state regulations.
nE~5.1~nB::e:ga~e~l1mn~mea~O]oo~oits~ilermimrd:Q.Eff!Oet:acre-=6f:rand I
DETENTION: Refer to section 15.202 of this code.
DEVELOPMENT: Refer to subsection 15.103B of this code.
DEVELOPMENT SCHEDULE: Refer to section 15.202 of this code.
DEVELOPMENTAL DISABILITY: A disability attributable to mental retardation, cerebral
palsy, epilepsy, autism, or similar physical or mental conditions which are manifested in
the early stages of life and expected to continue indefinitely.
DIRECTOR: The director of community development as defined in section 15.202 of
this code.
DRIVE-IN RESTAURANT AND DRIVE-IN FOOD ESTABLISHMENT: A food service
establishment with or without interior facilities for eating which caters to and permits the
Page 172
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consumption of food either in customers' automobiles parked on the premises, or in any
other designated area on the premises, outside the establishment where the food is "
prepared. ,/I ;i', ,," ',; jil Jl
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DWELLING: A building, or portion thereof design'ed or used exclusively for residential
, occupancy. Not included are hotels, motels, rooming, boarding or lodging houses.
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Multiple-Family: A building, or portion thereof consisting of three (3) or more dwelling
units.
Single-Family, Attached: A building, structure or portion thereof containing three (3)
or more attached single-family dwellings where the units are primarily connected
horizontally.
Single-Family, Detached:, A building containing a single dwelling unit only, which is
separated from all other dwellings by open space. '
Two-Family: A building consisting of two (2) dwelling units which have been
attached.
, DWELLING UNIT: One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one family with separate
bathroom and facilities for cooking and sleeping.
EASEMENT: Refer to section 15.202 of this code.
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 COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively
permanent basis in a family like environment by a group 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 developmental disabilities are present at
the dwelling; and complies with the zoning regulations for the district in which the site is
located.
FAMILY HOME: The location, or portion of the location, where the person to be licensed
as the primary caregiver in the daycare home resides and is domiciled.
FENCE: A freestanding structure resting on or partially buried in the ground and rising
above the ground level, forming a barrier which is not otherwise a part of any building or
other structure and is used to delineate a boundary or as a means of confinement or
privacy.
Page 173
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FENCE, AREA: A 'fence located immediately adjacent to a permitted patio, deck or
similar accessory structure.H.,e.,
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FENCE, PERIMETER: A fence located on or within six inches (6") of a property line.
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FLOOR, AREA: The sum of the gross horizontal !'!Il~~~~ of all floors of a
building, including principal and accessory structures and storage areas as measured
from the exterior walls. Floor area shall exclude:
A. Areas used for storage of building, mechanical and HV AC equipment;
B. Interior loading docks; and
C. Basements in single-family dwellings.
FLOOR AREA RATIO (FAR): Determined by dividing the number of square feet of
gross floor area of Itiml space in all buildings on a lot by the square feet of area of that
lot.
FREE AND UNLIMITED PHYSICAL ACCESS: The existence of at least one
unobstructed passageway from the second housekeeping unit to the entire remainder of
the dwelling unit. To conform to this definition, the passageway may have a door, but
the door shall not have any locking mechanism of any kind whether the lock is used or
not. The passageway shall clearly permit all persons on the premises to have access to
the entirety of the premises. A lock on a separate bedroom door within the second
housekeeping unit shall be permitted pursuant to this definition.
FRONTAGE: The narrowest portion of a lot or parcel which abuts a public street.
FULL CUTOFF FIXTURE: A luminaire, or light fixture, that allows no emission of light
above horizontal.
GARAGE: A structure designed to house motor vehicles and to store items and
equipment necessary to maintain and upkeep the primary structure and the property
that it is located upon.
GLARE: Light emitting from a luminaire that causes reduced vision or momentary
blindness.
GRADE: Refer to section 16.202 of this code.
Page 174
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GROUP COMMUNITY RESIDENCE: A single dwelling unit occupied on a relathl'elY 't
permanent basis in a family like environment by a group of nine (9) to fifteen (15) ,"
unrelated persons with developmental disabilities, plus paid professional support staff iT
provided by a sponsoring agency, either living with the residents on a twenty four (24) I
hour basis or present whenever residents with developmental disabilities are present at
the dwelling; and complies with the zoning regulations for the district in which the site is
located. .
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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, BUILDING: Refer to section 21.501 of this code.
HEIGHT, FENCE: The vertical distance as measured from mean grade level to the
. highest point of the fence, excluding the required drainage separation area as further
defined in this chapter.
. HOME OCCUPATION: An accessory use conducted completely within a 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/MOTOR INN: An establishment which provides lodging
accommodations for transient guests where less than twenty percent (20%) of the
rooms are used or intended for occupancy by permanent guests. A hotel shall provide
maid service, linen service, telephone and desk service, and the use and upkeep of
furniture. Said establishments shall exclude boarding or lodging houses, and apartment
hotels.
IMPERVIOUS SURFACE: Refer to section 16.202 of this code.
IMPROVEMENT, PRIVATE: Refer to section 15.202 of this code.
IMPROVEMENT, PUBLIC: Refer to section 15.202 of this code.
IMPROVEMENTS: Refer to section 15.202 of this code.
Page 175
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KITCHEN UNIT: Refer to section 21.501 of this code.
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LAND USE 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 community
. + - development,~if an appropriate.code does not exist in the "Standard Land Use. Coding
Manual",
LIGHT TRESPASS: The shining of light produced by a luminaire beyo'nd the boundaries
of the property on which it is located.
LOT AREA: The horizontal area within the lot lines of a lot, measured 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 midpoint of the front lot line to
the midpoint 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 corner 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, EXTERIOR: A recorded property boundary line which divides a lot 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, INTERIOR: A recorded property boundary line which divides one lot from
another lot.
LOT LINE, REAR: A recorded property line boundary that does not intersect a front lot
line and is most distant from and most closely parallel to the front lot line. A lot bounded
by 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.
LOT OF 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 or the deed to which has been recorded or registered
Page 176
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with the appropriate county office pursuant to 765 Illinois Compiled Statutes 205, and
which is intended to be used, developed or built upon as a unit. '.;i .."i,
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LOT, THROUGH: Any interior lot 'which has a pair of lot lines along two (2) substantially
parallel streets. ., ,
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LOT, UNIMPROVED: Any lot or tract of land which is unoccupied by any building or
aboveground structure and upon which no construction has commenced. ,
LOT WIDTH: The horizontal distance between side lot lines, measured 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 mayor may not coincide with a lot of record.
LUMINAIRE: A complete lighting unit consisting of the lamp or lamps and ballast(s)
together with the parts designed to distribute the light, to position and protect the lamps,
and to connect the lamps to the power supply.
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: Refer to section 15.202 of this code.
PARKWAY: Refer to section 15.202 of this code.
PETITIONER: Any person filing for any variation, conditional use permit, zoning
amendment and/or appeal, change in the comprehensive plan and/or subdivision.
PLANNED UNIT DEVELOPMENT: A parcel of land, or contiguous parcels of land of a
size 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 site's designated zoning district classification. The site may be planned and
developed as a whole in a single development operation or in planned development
stages.
PLANNING AND ZONING COMMISSION: Refer to section 15.202 of this code.
PLAT: Refer to section 15.202 of this code.
Page 177
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PLAT, FINAL: Refer to section 15.202 of this code.
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PLAT OF SURVEY: Refer to section 15.202 of this code.
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PRINCIPAL BUILDING: A building or buildings in which the primary use on a lot on
which the structure(s) is located is conducted. .
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PRINCIPAL ,.!JSE:. The main use of land or structures, as distinguished from a
secondary or. accessory use.
PUBLIC UTILITY: Refer to section 15.202 of this code.
RECREATION CENTER: A building, buildings, or use of land operated on a profit basis,
. with or without membership requirements, for the provision 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 EQUIPMENT: Every vehicle or other transportation equipment
designed to be used primarily for recreational 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 maintained
on a trailer the two (2) shall be considered as one vehicle.
Camping 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 oversize permit when towed on a highway.
Motor Home, Mini-Motor Home Or Van Camper: A self-contained motor vehicle
designed or permanently converted to provide living quarters for recreational,
camping or travel use, with direct walk through access to the living quarters from the
driver's seat. Such vehicles must include at least four (4) of the following:
A cooking facility with an onboard fuel source;
A gas or electric refrigerator;
A toilet with exterior evacuation;
A heating or air conditioning system with an onboard power or fuel source
separate from the vehicle engine; or
A potable water supply system that includes at least a sink, faucet, and a water
tank with an exterior service supply connection.
Page 178
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Off The" Road Vehicle: A vehicle intended principally for re~reational off road use', II]
such as a dune buggy, go-cart, ATV or snowmobile., ']:]!' ",,"'Hi;
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Racing Car Or Cycle: A vehicle intended to be used in racing competition, such as
a racecar, stock car or racing cycle. ,'I
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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 Camper: 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.
Other Recreational Equipment Other wheeled items which are designed for
recreational use but do not meet the exact definitions of items defined herein. '
RECREATIONAL VEHICLE TRAILER: A vehicle with or 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.
REHABILITATION HOME: Any residential facility located in a dwelling, under federal,
state or municipal licensing, which provides a home environment with room and board
and recreational personal counseling or other rehabilitative services, generally of
nonmedical nature, to not more than twenty five (25) individuals who require specialized
assistance in order to achieve personal independence. A rehabilitation home is limited
to mentally ill, chemically dependent, or alcohol dependent individuals and abused
individuals.
RESEARCH LABORATORY: A building or group of buildings in which are located
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 CARE HOME: Any residential facility which under state or municipal
licensing, provides a home environment with services or treatment to persons 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.
Page 179
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RESTAURANTj, CLASS I (Conventional, Sit Down): A retail establishment where food .1. I.
and drink is prepared and served to be consumed at a table or counter on the premises "
and served primarily in or upon nondisposable containers. Any serving of alcoholic ,,?'I
I beverages shall be incidental to the serving of food.
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RESTAURANT, C~ASS II (Pub): A retail establishment where both food and liquor are
prepared and served to be .consumed on premises and served primarily in or upon
nondisposable containers.
RESTAURANT, CLASS III (Takeout): A retail establishment where food is prepared and
served primarily in disposable containers for consumption off premises.
RESTAURANT, CLASS IV (Fast Food): A retail establishment where food and drink is
prepared and served primarily in or upon disposable containers 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 ESTABLISHMENT: Any building or use where the primary occupation is the
sale of merchandise and services directly to and for use by consumers, except not
institutional, commercial and industrial consumers or for resale.
RETENTION (Wet Bottom): Refer to section 15.202 of this code.
RIGHT OF WAY: Refer to section 15.202 of this code.
SHOPPING CENTER: A business development containing four (4) or more indoor retail
stores, connected by party walls, developed under one ownership, with an integrated
building arrangement 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 CENTER, REGIONAL: A business development containing ten (10) or
more indoor retail stores connected by party walls and developed under one ownership,
with an integrated building arrangement, having an aggregate floor area of more than
Page 180
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one hundred thousand (100,000) square feet and located on a lot at least twenty (20)
acres in size with off street accessory parking facilities. The development shall be
considered as a single unit.!i. j\!;j, ., ",.,;" ~;;
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SIGHT TRIANGLE: Refer to section 9.201 of this code.
SITE PLAN: Refer to section 15.202 of this code.
STOOP: A platform at the entrance to a building with a maximum dimension of eight
feet (8') in width and five feet (5') in depth.
STREET: Refer to section 15.202 of this code.
STRUCTURAL ALTERATIONS: Any change in the supporting members of a structure,
including bearing walls, columns, beams and/or girders.
STRUCTURE: Refer to section 15.202 of this code.
SUBDIVISION: Refer to subsection 15.1 03A of this code.
e l%>i, Wia€ e; I building or
portion where alcoholic beverages are sold to be consumed on the
premises. Such facilities would not include restaurants where the principal business is
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.
THEATER: 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 theater shall be deemed a
restaurant.
TRUCK TERMINAL: Either end of a carrier line or junction joint with other lines having
classifying yards or dock facilities, management offices, storage sheds and freight and
passenger stations for state licensed trucks.
UNENCLOSED PORCH: A roofed, open structure, without walls, screens, or windows,
attached to and part of a structure, with direct access to and from the structure.
Page 181
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UNPERMITTED SECOND HOUSEKEEPING UNIT: Any living quarters, located in a
single-family residential zoning district that: II
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I. ' A. Is within the walls of another dwelling unit or physically connected to a detached
single-family home; and
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B. Contains its own kitchen unit that is in addition to the main kitchen unit in the
residence; and
C. Does not have free and unlimited physical access to the remainder of the dwelling
unit.
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 ,:n ::I structure or on a tract of land.
I-
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, because of unusual or unique circumstances, is denied by this code.
VEHICLE TRAILER: A wheeled vehicle, including a recreational vehicle trailer, without
its own motor power, that is designed to transport any material, object or objects and
that is designed so that it is eligible to be licensed or registered for highway use.
VILLAGE: The village of Mount Prospect.
VILLAGE MANAGER: Refer to section 15.202 of this code.
WAREHOUSE, STORAGE: A business that receives and stores goods of others for
compensation or profit. -
WHOLESALE ESTABLISHMENT: Any building, business or use where the primary
occupation is the sale of merchandise in 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"line and building
setback line which is unoccupied and unobstructed from grade upward, except as
provided in the general provisions of this chapter.
Exterior Side: A side yard abutting a street.
Page 182
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Front: A yard extending along the full width of the"front lot line between the side lot
lines and the front building setback line. ,.'..,' ~" .. ", .j
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Rear: A yard extending along the full width of the rear lot line between the side lot
lines and the rear building setback line. ' '.i "
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 buildings are
permitted when constructed and used .in accordance with this code. (Ord. 5253, 5-21-
2002; amd. Ord. 5290, 11-19-2002; Ord. 5304, 2-4-2003; Ord. 5380, 11-4-2003; Ord.
5426, 4-20-2004)
ARTICLE
APPENDIX OF IllUSTRATIONS
XXV
14.2501: ILLUSlRA liONS:
ALot Width And Lot Depth Explained:
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B. Building Height:
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Page 186
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1. Permitted five foot (5') fences (please refer to section 14.3040 for additional
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* Six foot (6') fences are also permitted along rear or exterior side lot lines where
abutting an arterial road.
** Patio screening may not exceed eighteen feet (18') in total length.
(1981 Code; amd. Ord. 5426,4-20-2004)
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