Bedford Park City Zoning Code

CHAPTER 1

ZONING

6-1-1: DEFINITIONS:

For the purpose of this chapter, certain terms and words in the singular number include the plural number, and words in the plural number include the singular number; and the word "building" includes the word "structure". Any words not herein defined shall be construed as defined in the building code.

ACCESSORY BUILDINGS: A subordinate building or portion of main building the use of which is incidental to that of the main building.

BLOCK: That property abutting on one side of the street between the two (2) nearest intersecting streets, railroad rights of way or other natural barriers.

BUILDING AREA: The maximum horizontal projected area of a building and its accessory buildings, excluding open steps, terraces and cornices projecting not more than thirty inches (30").

BUILDING LINE: The outside of the main wall of the structure in the direction of measurement.

COMMUNITY RESIDENCE: A single dwelling unit occupied on a relatively permanent basis as a single housekeeping unit, in a family like environment, by not more than six (6) unrelated persons with 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 disabilities are present at the dwelling, and which complies with the zoning regulation for the district in which the site is located.

DEPTH OF LOT: The horizontal distances between the front and rear lot lines.

DEPTH OF REAR YARD: The horizontal distances between the rear line of the building and the rear lot line.

DISABILITY: A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an impairment, but such term shall not include current use of, nor addiction to, a controlled substance.

DISTRICT: A section of the village of Bedford Park for which the regulations governing the height, area and use of buildings and premises are the same.

DWELLING UNIT: One or more rooms which are arranged, designed or used as living quarters for a family or for a community residence as a single housekeeping unit. A dwelling unit includes a bathroom and kitchen facilities in addition to sleeping and living areas.

FAMILY: Any number of individuals who are related by blood, marriage or adoption, living and cooking together on the premises as a single housekeeping unit.

HEIGHT OF BUILDINGS: The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front building to the highest point of the roof for flat roofs; to the deck line for mansard roofs; and to the mean height level (between eaves and ridge) for gable and hip roofs. Where a building is located upon a terrace or slope, the height may be measured from the average ground level at the building wall.

LOT: Land occupied or to be occupied by one building and accessory buildings and uses and including the open spaces required under these regulations. A lot may be land so recorded on the records of the recorder of deeds of Cook County, Illinois.

LOT LINES: The lines bounding a "lot" as defined herein.

MOTOR FREIGHT TERMINAL: A building in which freight brought by motor truck is assembled, sorted or stored for routing in intrastate or interstate shipment; and for the purpose of this chapter shall include any building, structure or vacant land occupied for the storage, warehousing, parking or garaging of motor trucks used as common, contract or special carriers operating under intrastate or interstate certificated rights.

NONCONFORMING USE: A building or premises occupied for a use that does not conform with the regulations of the district in which it is situated.

PROPERTY LINE: Shall have the same meaning as "lot lines".

REAR YARD: An open space (unoccupied except for accessory buildings) on the same lot with a building, between the rear line of the building and the rear line of the lot, for the full width of the lot, except as modified by side yard restrictions.

SETBACK: An open unoccupied space on the same lot with a building between the building and the side line of the lot and extending from the front lot line to the rear yard.

SINGLE-FAMILY DWELLING: A detached building having accommodations for and customarily occupied by one family, and including a private garage.

STREET LINE: The dividing line between the street and the lot line.

STREET WALL: The main wall of a building nearest to and facing on a street, including sun parlors, but not including bay windows nor ground story porches nor piazzas that are not closed in. (Ord. 37, 9-11-1941; amd. Ord. 91-841, 5-16-1991; Ord. 95-960, 10-5-1995; Ord. 10-1340, 9-16-2010)

6-1-2: DISTRICT BOUNDARIES:

In order to classify, regulate and restrict the location of trades and industries, and the location of buildings designed for specified uses; to regulate and limit the height and bulk of buildings hereafter erected or altered; to regulate and limit the intensity of the use of lot areas; and to regulate and determine the area of yards, courts and other open spaces within and surrounding such buildings, the village is hereby divided into the following classes of districts. The use, height and area regulations are uniform in each class of district and said districts shall be known as:

R-A1 Residential district

R-A Residential district

B-1 Business district

P-D Park district

S-D School district

H-1 Heavy manufacturing district

F Motor freight terminal district

L-1 Light manufacturing district

T Bulk storage of flammables district

O Office district

M-U Mixed-use business district

Cicero Avenue corridor overlay district (Ord. 615, 7-19-1973; amd. Ord. 91-845, 7-3-1991; Ord. 03-1133, 2-6-2003)

R-A1 Residential District:

Description of Bedford Park, subdivision in "A" District Bedford Park a subdivision of that part of the South 1544 feet of the Northwest 1/4 of Section 24, Township 38 North, Range 12 East of the Third Principal Meridian; lying North of the South 50 feet thereof; West of the West line of a strip of land 70 feet in width lying West of and adjoining the right of way of the Baltimore and Ohio Chicago Terminal Railroad; and East of the centerline of Archer Avenue.

Lot No. 1 to Lot No. 23 on North Side of 65th Street, inclusive.

Lot No. 26 to Lot No. 53 on South Side of 65th Street, inclusive.

Lot No. 203 to Lot No. 247 on North Side of 66th Place, inclusive.

Lot No. 248 to Lot No. 263 on South Side of 66th Place, inclusive.

Lot No. 326 to Lot No. 343 on North Side of 67th Street, inclusive.

Lot No. 346 to Lot No. 365 on South Side of 67th Street, inclusive.

R-A Residential District:

Lot No. 54 to Lot No. 86 on North Side of 65th Place, inclusive.

Lot No. 87 to Lot No. 120 on South Side of 65th Place, inclusive.

Lot No. 121 to Lot No. 158 on North Side of 66th Street, inclusive.

Lot No. 161 to Lot No. 202 on South Side of 66th Street, inclusive.

A strip of land ninety feet by one hundred twenty five feet (90' x 125') in size situated on the northwest corner of 77th Street and Menard Avenue which is located within the southeast quarter (except the north 33' thereof) of the southeast quarter of the northwest quarter of the southeast quarter of Section 29, Township 38 North, Range 13, East of the Third Principal Meridian, in Cook County, Illinois.

B-1 Business District:

All of Lot 24 on North Side of 65th Street.

All of Lot No. 25 on East Side of Archer Avenue between 65th Street and 65th Place.

(Ord. 615, 7-19-1973)

That part of the northeast quarter of Section 28, Township 38 North, Range 13, East of the Third Principal Meridian, lying west of the west line of the east fifty seven feet (57') of said Section 28, and southeasterly of the southeasterly line of State Road, being fifty feet (50') from the centerline and at right angles thereto; and that part of the northwest quarter of the southeast quarter of Section 28, Township 38 North, Range 13, East of the Third Principal Meridian, lying south of the south line and west of the westerly line of the Public Service Company of Northern Illinois right of way; east of the east line of the west twenty feet (20') of the northwest quarter of the southeast quarter of Section 28, north of the north line of the south twenty feet (20') of the north half of the northwest quarter of the southeast quarter of said Section 28, and northwesterly of the northwesterly line of State Road, being fifty feet (50') from the centerline and at right angles thereto.

(Ord. 680, 3-15-1979)

P-D Park District:

Lot No. 268 to Lot No. 294 inclusive, Lot No. 295 to Lot No. 321 inclusive.

Lot No. 366 to Lot No. 396 inclusive, streets and alleys vacated.

Lots No. 159, No. 160, No. 344, all inclusive. Commencing at the center of Section 24, Township 38 North, Range 12, East of the Third Principal Meridian and running thence North along the North and South 1/4 line of said Section 24, fifty feet (50') to a point, thence west along a line fifty feet (50') North of, and parallel to, the East and West 1/4 line of Section 24, twenty eight and thirty five one-hundredths feet (28.35') to a point for a place of beginning. Thence north to a point twenty eight and sixty nine one-hundredths feet (28.69') west of, and one hundred fifty seven and eighty seven one-hundredths feet (157.87') north of the center of Section 24, thence northwesterly along a curve, convex to the southwest, having a radius of two thousand eight hundred twenty five and forty three one-hundredths feet (2825.43') to the north line of the south one thousand five hundred forty four feet (1,544') of the Northwest 1/4 of Section 24, thence West along said North line to the East line of a public alley, which East line is the East line is the Easterly boundary of the Bedford Park Subdivision, thence southeasterly and south along said East line of the said public alley to an intersection with a line fifty feet (50') north of, and parallel to, the East and West 1/4 line of Section 24, thence east along said parallel line seventy feet (70') to the place of beginning.

S-D School District:

Lot No. 264 to Lot No. 267, both inclusive, Lot No. 322 to Lot No. 325 both inclusive.

H-I Heavy Manufacturing District:

Section 24, Township 38 North, Range 12 East of the Third Principal Meridian described by beginning at the intersection of the Westerly line of the right of way of the Baltimore and Ohio Chicago Terminal Railroad with the North line of the South one thousand five hundred and forty four feet (1,544') of the northwest quarter of said Section 24; thence southerly along the Westerly line of said railroad right of way to the South line of the north half of the south half of said Section; thence east along said line to the East line of said Section; thence north along the East line of said Section 24 to an intersection with the South line of W. 63rd Place, thence east along said South line of W. 63rd Place to the center line of Harlem Avenue diverted being a line fifty feet (50') westerly from and parallel with the Westerly right of way line of the Belt Railway, thence southwesterly along the centerline of Harlem Avenue to an intersection with a line one thousand seven hundred fifty seven and seventy eight one-hundredths feet (1,757.78') south of the North line of Section 24 aforesaid; thence west along said line to the West line of the East half of the Northeast Quarter of Section 24; thence north along said line to a point one thousand forty three feet (1,043') south of the North line of said Section 24, being also the South line of West Sixty Fourth Place, thence west along said line to the West line of the northeast quarter of Section 24 aforesaid; thence south along said line to the North line of the South one thousand five hundred and forty four feet (1,544') of the Northwest quarter of said Section 24 thence west along said line to the place of beginning: ALSO:

The South three-fourths of all of Section 19, 20 and 21 in Township 38 North, Range 13 East of the Third Principal Meridian.

Commencing at the South East Corner of Section 14, Township 38 North, Range 12 East of the Third Principal Meridian, in Cook County, Illinois; Thence north along the East line of said Section 14 to the South Westerly line of the Baltimore and Ohio Chicago Terminal Railroad; thence northwesterly along the Southwesterly line of the Baltimore and Ohio Chicago Terminal Railroad to the Southeasterly line of the right of way of the Alton Railroad; thence Southwesterly along the Southeasterly line of the Alton Railroad to a line fourteen hundred feet (1400') South of and parallel to the North line of Section 23, Township 33 North, Range 12, East of the Third Principal Meridian; thence East along said parallel line to the West line of Section 24, Township 33 North, Range 12, East of the Third Principal Meridian; thence South along the West line of Section 24, to a point fifty feet (50') North of the East and West Center line of said Section 24; thence east on a line fifty feet (50') North of and parallel to the East and West center line of said Section 24 three hundred two and three tenths (302.3) feet more or less to a point on the center line of Archer Avenue, thence North and Northeasterly along the center line of Archer Avenue to the Southwesterly Limits of the Village of Summit; thence Northwesterly along the Southwesterly and South Limits of the Village of Summit to the Southeast corner of Section Fourteen (14).

Beginning at the intersection of the South Limits of the Village of Summit with the Westerly right of way line of the Baltimore and Ohio Chicago Terminal Railroad and running thence Southeasterly along said Westerly line to the North line of the South 1544 feet of the Northwest quarter (1/4) of Section 24, Township 38 North, Range 12 East of the Third Principal Meridian, thence West along said North line to the Center line of Archer Avenue, thence Northeasterly along the said Center line of Archer Avenue to the South line extended West, of West 64th Place, being also the South Limits of the Village of Summit, thence East along said South line of West 64th Place extended to the place of beginning.

That part lying West of the B & O C.T. R.R. of the South fifty feet (50') of the N.W. 1/4 of Section 24, Township 38 North, Range 12, East of the Third Principal Meridian and all that part of Section 23, Township 38 North, Range 12, East of the Third Principal Meridian, lying South of the North 1400 feet thereof, West of the center line of Archer Avenue, and East of the Alton Railroad, all in Cook County, Illinois.

Parcel "A": The North West 1/4 of the South West 1/4 of Section 28; the North 1/2 of the South East 1/4 of Section 29; the North 1/4 of the North East 1/4 of the South West 1/4 of Section 29; the North 1/4 of the East 1/3 of the North West 1/4 of the South West 1/4 of Section 29; the West 2/3rds of the North West 1/4 of the South West 1/4 of Section 29; the North 1/4 of the South East 1/4 of Section 30, and the North East 1/4 of the South West 1/4 of Section 30, all in Township 38 North, Range 13, East of the Third Principal Meridian; also

Parcel "B": That part of the North 1/2 of the North West 1/4 of the South East 1/4 of Section 28, Township 38 North, Range 13, East of the Third Principal Meridian, lying North of State Road.

Block No. 9: Beginning at a point in the intersection of the Center line of Lacrosse Avenue produced from the North and the Southerly Street Line of West 65th Street; thence East along said Southerly Street line of West 65th Street to a point 165.36 feet West of the Center line of Cicero Avenue; thence Southerly on a line a distance of 102.38 feet to a point on a line 1195.26 feet North of and parallel to the Southerly line of the Northeast Quarter (N.E. 1/4), Section twenty one (21) Township thirty eight (38) North, Range Thirteen (13) East of the Third Principal Meridian, said point being 165.36 feet West of the Center line of Cicero Avenue; thence Easterly on said line parallel to the South line of said Northeast Quarter (N.E. 1/4) a distance of 165.36 feet to a point in the center line of Cicero Avenue, thence South on said center line of Cicero Avenue, a distance of 307.26 feet, thence Westerly on a line parallel with one 888 feet North of the South line of the said Northeast Quarter (N.E. 1/4), Section twenty one (21) Township thirty eight (38) North, Range thirteen (13) East of the Third Principal Meridian, a distance of 266 feet; thence North on a line parallel to the center line of LaCrosse Avenue produced from the North a distance of 307.26 feet to a point in a line parallel with and 1195.26 feet North of the South line of the Northeast Quarter (N.E. 1/4), Section twenty one (21), Township thirty eight (38) North, Range Thirteen (13) East of the Third Principal Meridian, said point being 266 feet West of the Center line of Cicero Avenue; thence West on said last mentioned line to a point in its intersection with the center line of La Crosse Avenue produced from the North; thence North on the Center line of LaCrosse Avenue, produced from the North to the place of beginning.

A tract of land lying in the Northwest 1/4 and Northeast 1/4 of Section 23, and in the Southeast 1/4 of Section 14, described as follows:

Beginning at the intersection of the Southeasterly right-of- way line of the Gulf, Mobile and Ohio Railroad and the Southwesterly right-of-way line of Public Service Company; thence Northwesterly along the Northwesterly extension of said Southwesterly right-of-way line of Public Service Company to the Northwesterly line of Lot 141 in the Sanitary District Trustees Subdivision of right-of-way; thence Northeasterly along said Northwesterly line of Lot 141 and Northwesterly line of Lots 139 and 134 to the Northeasterly line of Lot 134 being the Southwesterly right-of-way line of the Baltimore & Ohio Chicago Transfer Railroad; thence Southeasterly along said Northeasterly line of Lot 134 to the Northeast corner thereof; thence South along the East line of Lot 134 to the Southeast corner thereof, being on the Northwesterly line of the Illinois & Michigan Canal; thence Northeasterly along said Northwesterly line and Canal to the Southeasterly extension of the Southwesterly right- of-way line of the Baltimore & Ohio Chicago Transfer Railroad; thence Southeasterly along said extended line to the aforementioned Southeasterly right-of-way line of the Gulf, Mobile & Ohio Railroad; thence Southwesterly along said Southeasterly right-of-way line to the point of beginning, all in Township 38 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.

The following parcels of land above contained are hereby excluded from H-I heavy manufacturing district zoning:

That part of the South 1/2 of the Northeast 1/4 of Section 28 lying Northwesterly of State Road; and also, the South 1/2 of the Northwest 1/4 of said Section 28; and also, the South 1/2 of the Northeast 1/4 of Section 29; and also, the North 35.00 feet of that part of the Southeast 1/4 of said Section 29 lying West of the East 1385.00 feet thereof; and also, the South 1/2 of the Northwest 1/4 of said Section 29; and also, the North 35.00 feet of the Southwest 1/4 of said Section 29; and also, the South 1/2 of the Northeast 1/4 of said Section 30; all in Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

The Northeast 1/4 of the Northwest 1/4 of Section 30, Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

The East 400 feet of the North 1/2 of the Northeast 1/4 of Section 30, Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

The East 400 feet of the South 1000 feet of the Southeast 1/4 of Section 19, Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

The West 400 feet of the South 1000 feet of the Southwest 1/4 of Section 20, Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

(Ord. 615, 7-19-1973)

F Motor Freight Terminal District:

The W. 33 feet of the N.E. 1/4 of the S.E. 1/4 (except the N. 35 feet thereof) of Section 30, Township 38 North, Range 13, East of the Third Principal Meridian; also

The N.W. 1/4 of the S.E. 1/4 (except the N. 35 feet thereof) of Section 30, aforesaid; also

The W. 1/2 (except the E. 263 feet thereof) of the N.E. 1/4 of the S.W. 1/4 of Section 30 aforesaid; also

The E. 1/2 of the N.E. 1/4 of the S.W. 1/4 (except the N. 35 feet thereof) of Section 30, aforesaid; also

The E. 33 feet of the W. 1/2 of the N.E. 1/4 of the S.W. 1/4 (except the N. 35 feet thereof) of Section 30, as aforesaid.

(Ord. 615, 7-19-1973; amd. Ord. 680, 3-15-1979)

L-1 Light Manufacturing District:

The N.E. 1/4 of the S.E. 1/4 (except the N. 35 feet thereof and excepting also the W. 33 feet of the N.E. 1/4 of said S.E. 1/4) of Section 30, Township 38 North, Range 13, East of the Third Principal Meridian; also

The N.W. 1/4 of the S.W. 1/4 (except the N. 35 feet thereof and excepting also the E. 1/3 of the S. 3/4 of the N.W. 1/4 of said S.W. 1/4) of Section 29, Township 38 North, Range 13, East of the Third Principal Meridian; also

The N. 1/4 (except the N. 35 feet thereof) of the N.E. 1/4 of the S.W. 1/4 of Section 29, aforesaid; also

The N. 1/2 (except the N. 35 feet thereof lying east of the E. 1385 feet) of the S.E. 1/4 of Section 29 aforesaid,

All in Cook County, Illinois.

That part of the South 1/2 of the Northeast 1/4 of Section 28 lying Northwesterly of State Road; and also, the South 1/2 of the Northwest 1/4 of said Section 28; and also, the South 1.2 of the Northeast 1/4 of Section 29; and also, the North 35.00 feet of that part of the Southeast 1/4 of said Section 29 lying West of the East 1385.00 feet thereof; and also, the South 1/2 of the Northwest 1/4 of said Section 29; and also, the North 35.00 feet of the Southwest 1/4 of Section 29; and also, the South 1/2 of the Northeast 1/4 of Section 30; and also, the Southeast 1/4 of the Northwest 1/4 of said Section 30, all in Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

The Northeast 1/4 of the Northwest 1/4 of Section 30, Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

T Bulk Storage Of Flammables District:

All of that part of the South half of Section 23, Township 38 North, Range 12, East of the Third Principal Meridian, lying West of a line 400 feet from and parallel to the Northwesterly line of Archer Avenue and East of the Southeasterly right of way of the Gulf Mobile & Ohio R.R.; also, that part of the Southeast quarter of Section 22, Township 38 North, Range 12, East of the Third Principal Meridian, lying East of the Southeasterly line of the Gulf Mobile & Ohio R.R.; all in Cook County, Illinois.

The boundaries of these districts are indicated upon the zoning map of the village of Bedford Park, which map is hereto attached and made a part of this chapter. The said zoning map of Bedford Park and all the notations, references and other matters shown thereon shall be as much a part of this chapter as if the notations, references and other matters set forth by said map were all fully described herein.

Except as hereinafter provided:

(1) No building shall be erected or altered, nor shall any building or premises be used for any purposes, other than is permitted in the district in which such buildings or premises are located.

(2) No building shall be erected or altered to exceed in height the limit herein established for the district in which such building is located.

(3) No building shall be erected, nor shall any existing building be altered, enlarged or rebuilt, nor shall any open spaces surrounding any building be encroached upon or reduced in any manner, except in conformity with the area regulations hereby established for the district in which such building is located.

A tract of land lying in the southeast 1/4 of section 22, and in the southwest 1/4 and northwest 1/4 of section 23, described as follows:

Beginning at the intersection of the Southeasterly right-of- way line of the Gulf, Mobile & Ohio Railroad and the Southwesterly right-of-way line of Public Service Company; thence Northwesterly along the Northwesterly extension of said Southwesterly right-of-way line of Public Service Company to the Northwesterly line of Lot 141 in the Sanitary District Trustees Subdivision of right-of-way; thence Southwesterly along the Northwesterly line of Lots 141, 145 and 146 in said Sanitary District Trustees Subdivision of right-of-way to the South line of the Southeasterly 1/4 of Section 22 aforementioned; thence East along the South line of said Southeast 1/4 to the Southeasterly right-of-way line of the Gulf, Mobile & Ohio Railroad; thence Northeasterly along said Southeasterly right-of-way line to the point of beginning, all in Township 38 North, Range 12, East of the Third Principal Meridian, in Cook County, Illinois.

O Office District:

The East 400 feet of the North 1/2 of the Northeast 1/4 of Section 30, Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

The East 400 feet of the South 1000 feet of the Southeast 1/4 of Section 19, Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

The West 400 feet of the South 1000 feet of the Southwest 1/4 of Section 20, Township 38 North, Range 13 East of the Third Principal Meridian, in Cook County, Illinois.

(Ord. 615, 7-19-1973)

M-U Mixed-Use Business District:

That part of the South 1/2 of Section 23, Township 38 North Range 12 East of the Third Principal Meridian, being bounded and described as follows:

Commencing at the northeast corner of the southeast 1/4 of said Section 23, thence north 89 degrees, 52 minutes, 17 seconds west, along the north line of said southeast 1/4, 730.00 feet; thence south 00 degrees, 25 minutes, 12 seconds east 270.00 feet; thence south 47 degrees, 02 minutes, 59 seconds west 278.18 feet; thence south 00 degrees, 25 minutes, 12 seconds east 407.76 feet; thence south 89 degrees, 59 minutes, 50 seconds west, along a line 1787.22 feet north of and parallel with, the south line of the southwest 1/4 of said Section 23, 53.04 feet; thence south 00 degrees, 04 minutes, 05 seconds east 294.61 feet to a line 1492.61 feet north of and parallel with the south line of the southwest 1/4 of said Section 23; thence southwesterly along a curved line, convex southeasterly, having a radius of 4672.98 feet, being 465.81 feet northwesterly of and concentric with the northwesterly line of Archer Avenue as recorded September 28, 1940 by Document No. 12554043, an arc length of 258.45 feet to the point of beginning, said point also being the most westerly corner of Lot 2 of GATX Subdivision No. 1, a subdivision in the south half of Section 23 aforesaid, recorded as Document 90595389; thence north 51 degrees, 04 minutes, 35 seconds west, along a line radial to said northwesterly line of Archer Avenue, a distance of 83.91 feet; thence south 89 degrees, 55 minutes, 55 seconds west 588.68 feet; thence south 00 degrees, 13 minutes, 54 seconds east 582.94 feet; thence south 89 degrees, 55 minutes, 55 seconds west 1120.87 feet to the east line of the west 2356.90 feet of the southwest 1/4 of said Section 23; thence south 00 degrees, 13 minutes, 54 seconds east, along the last described line, 690.00 feet to a line that is 65.00 feet north of, and parallel with the south line of the southwest 1/4 of said Section 23; thence north 89 degrees, 59 minutes, 50 seconds east, along the last described line, 286.90 feet to the east line of the southwest 1/4 of said Section 23; thence south 89 degrees, 55 minutes, 30 seconds east, along a line that is 65.00 feet north of and parallel with the south line of the southeast 1/4 of said Section 23, 119.34 feet; thence north 89 degrees, 12 minutes, 58 seconds east 1002.40 feet to a point on the northwesterly line of Archer Avenue as recorded September 28, 1940, by Document No. 12554043, that is 80.00 feet north of the south line of the southeast 1/4 of said Section 23; thence north 39 degrees, 17 minutes, 28 seconds east, along the said northwesterly line of Archer Avenue, 1134.15 feet to a point of curve; thence continuing along the said northwesterly line of Archer Avenue, along a curve convex to the southeast, having a radius of 5158.79 feet, an arc distance of 33.10 feet to the most southerly corner of Lot 2 of GATX Subdivision No. 1, aforesaid; thence north 51 degrees, 04 minutes, 35 seconds west, along a line radial to said northwesterly line of Archer Avenue, said line also being the southwesterly line of Lot 2 of GATX Subdivision No. 1, aforesaid, a distance of 485.81 feet to the point of beginning, all in Cook County, Illinois.

(Ord. 91-845, 7-3-1991)

Cicero Avenue Corridor Overlay District:

The Cicero Avenue corridor overlay zoning district is hereby created and is designated on the official village zoning map. (Ord. 03-1133, 2-6-2003)

6-1-3: R-A1 RESIDENTIAL DISTRICT REGULATIONS:

(A) Use: No buildings or premises shall be used and no building shall be hereafter erected or altered within any A1 residential district, unless otherwise provided in this chapter, except for the following uses:

Churches and temples.

Community residence. The sponsoring agency must obtain certification of occupancy prior to establishing a family community residence. No dwelling unit shall be occupied as a community residence until a certificate of occupancy has been issued by the building coordinator.

Libraries and public museums, public buildings.

Parks, recreation buildings and country clubs not conducted as a business or for profit.

Schools and colleges.

Single-family dwellings.

Temporary buildings used for construction purposes, for a period not to exceed one year.

Accessory uses incident to the above uses, including private garages, professional offices, home occupations and signs advertising premises for sale or rent, but not including the conduct of any retail or wholesale business or manufacture. (Ord. 145, 8-3-1961; amd. Ord. 91-841, 5-16-1991)

(B) Height: No building shall hereafter be erected or altered to exceed thirty five feet (35') in height, or two and one-half (21/2) stories of fourteen feet (14') per story.

Rear yard: There shall be a rear yard having a minimum of not less than forty feet (40') from rear building line to the rear lot line.

Side yard: There shall be one side yard having a width of not less than six feet (6'), beginning from the lot line to the building line.

There shall be a side yard having a width of not less than thirteen feet (13'), beginning at the building line extending to the lot line.

(D) Intensity Of Use Of Lot: No building with its accessory buildings shall occupy in excess of forty percent (40%) of the area of an interior lot, nor in excess of fifty percent (50%) of the area of a corner lot. No dwelling, or group of dwellings, shall hereafter be erected or altered to accommodate or make provisions for more than one family per dwelling in A1 residential districts.

(E) Setback: See section 6-1-12 of this chapter. (Ord. 145, 8-3-1961)

(F) Community Residences:

1. No dwelling unit shall be occupied as a community residence until a certificate of occupancy has been issued by the building coordinator. No such certificate shall be issued for a community residence unless the following requirements are adhered to:

(a) The community residence is located at least six hundred feet (600') from any existing community residence as measured from lot line to lot line; and

(b) Each applicant must provide satisfactory evidence that he or she is duly licensed and/or certified to operate a group home with both the state and all other governmental regulatory agencies.

(c) The number of individuals who may be allowed to reside in a community residence shall be in accordance with the building code of the village, but in no event shall more than six (6) individuals be allowed to reside in said residence.

(d) Nothing herein shall restrict or eliminate the requirement of compliance with the provisions of this code to ensure the health, safety and welfare of its residents.

2. The building coordinator may revoke a certificate of occupancy if its license or certification, or operator license or certification to operate a community residence, is revoked. A certificate of occupancy is not transferable to another operator or to another location. (Ord. 91-841, 5-16-1991)

(G) Garages And Accessory Buildings:

1. Definitions:

ACCESSORY BUILDING: A building which is subordinate to and serves a principal building or principal use.

GARAGE: When used in this subsection, the word "garage" shall mean a building or premises or portion thereof used for the intended housing or care of self-propelled vehicles. (Ord. 95-933, 6-1-1995)

2. Location: Garages or accessory buildings in a detached position shall be built at least eighteen inches (18") from the side lot line and twenty four inches (24") from the rear lot lines, or off any easement. (Ord. 98-1020, 11-19-1998)

3. Width:

Thirty five foot lots: Garages or accessory buildings to be constructed on thirty five foot (35') lots shall not occupy more than fifty percent (50%) of the rear yard which shall include the area used for a carport and/or canopy.

Fifty foot lots: Garages or accessory buildings to be constructed on fifty foot (50') lots shall not occupy more than thirty percent (30%) of the rear yard which shall include the area used for a carport and/or canopy.

4. Attached And Detached: A detached garage must be placed ten feet (10') from the rear side of a residence. All garages closer than three feet (3') from a residence must be attached to the residence and the foundation design must match the residence foundation design. For an attached garage, a gas ledge must also be constructed abutting the back wall of the residence, not less than six inches (6") in height. All walls of an attached garage that abut habitable rooms must be covered with five-eighths inch (5/8") drywall to the underside of roof sheathing. All doors between a garage and living quarters must be protected with a one and three-fourths inch (13/4") solid core wood door, or labeled fire door, wall of house to be fire rated also.

5. Height: The total height of any garage shall not exceed fourteen feet (14') in height to the peak of the roof, measured from the finished floor of garage.

6. Intensity Of Use Of Rear Yard: No accessory buildings or garages shall occupy more than fifty percent (50%) of the interior rear yard. (Ord. 95-933, 6-1-1995)

7. Roofs: The only type of roofs that will be allowed to be placed on garages or accessory buildings are as follows:

(a) Hip;

(b) Gable;

(c) No dormers or roof extensions are permitted to be constructed for any garage structure. Roof extensions are only permitted if the existing roof is removed and replaced with a new roof not exceeding the height limitation in subsection (G)5 of this section and type of roof in subsections (G)7(a) and (G)7(b) of this section. (Ord. 98-1020, 11-19-1998)

The installation of a flat roof on accessory buildings or garages shall be prohibited.

8. Standard Requirements: Various requirements relative to the construction of accessory buildings and garages are as shown in exhibit A and are hereby incorporated into this subsection and all applicants shall comply with said requirements.

(Ord. 95-933, 6-1-1995)

6-1-4: R-A RESIDENTIAL DISTRICT REGULATIONS:

(A) Use: No building shall be hereafter erected or altered within any A residential district, unless otherwise provided for in this chapter, except for the uses permitted in the A residential districts and the following uses:

1. Single-family dwellings.

2. Community residence. The sponsoring agency must obtain certification of occupancy prior to establishing a family community residence. No dwelling unit shall be occupied as a community residence until a certificate of occupancy has been issued by the building coordinator. (Ord. 145, 8-3-1961; amd. Ord. 91-841, 5-16-1991)

(B) Height: No building shall hereafter be erected or altered to exceed thirty five feet (35') in height or two and one-half (21/2) stories of fourteen feet (14') per story.

Rear yard: There shall be a rear yard having a width of not less than forty feet (40') from rear building line to the rear lot line.

Side yard: There shall be one side yard having a width of not less than five feet (5') beginning at the building line and extending to the lot line.

1. There shall be one side yard having a width of not less than six feet (6'), beginning at the building line and extending to the lot line.

2. There shall be not less than eleven feet (11') between two (2) dwellings, beginning at the building line of one dwelling and extending to the building line of the adjoining dwelling.

(D) Intensity Of Use Of Lot: No building with its accessory buildings shall occupy in excess of thirty percent (30%) of the area of an interior lot, nor in excess of fifty percent (50%) of the area of a corner lot.

(E) Setback: See section 6-1-12 of this chapter. (Ord. 145, 8-3-1961)

(F) Community Residences:

(a) The community residence is located at least six hundred feet (600') from any existing community residence as measured from lot line to lot line; and

(b) Each applicant must provide satisfactory evidence that he or she is duly licensed and/or certified to operate a group home with both the state and all other governmental regulatory agencies.

(d) Nothing herein shall restrict or eliminate the requirement of compliance with the provisions of this code to ensure the health, safety and welfare of its residents.

(G) Garages And Accessory Buildings:

1. Definitions:

ACCESSORY BUILDING: A building which is subordinate to and serves a principal building or principal use.

GARAGE: When used in this subsection, the word "garage" shall mean a building or premises or portion thereof used for the intended housing or care of self-propelled vehicles. (Ord. 95-933, 6-1-1995)

3. Width:

5. Height: The total height of any garage shall not exceed fourteen feet (14') in height to the peak of the roof, measured from the finished floor of garage.

6. Intensity Of Use Of Rear Yard: No accessory buildings or garages shall occupy more than fifty percent (50%) of the interior rear yard. (Ord. 95-933, 6-1-1995)

7. Roofs: The only type of roofs that will be allowed to be placed on garages or accessory buildings are as follows:

(a) Hip;

(b) Gable;

The installation of a flat roof on accessory buildings or garages shall be prohibited.

(Ord. 95-933, 6-1-1995)

6-1-5: B-1 BUSINESS DISTRICT REGULATIONS:

(A) Use: No building shall be used and no building shall be hereafter erected or altered, within any local business district unless otherwise provided in this chapter, except for the following uses:

1. Stores and shops for the conduct of retail business.

Any buildings primarily used for any of the above uses may have not more than forty percent (40%) of the area devoted to business or storage purposes incidental to such primary use.

(B) Height: Any building hereafter to be erected or altered shall be constructed of brick or stone and be of dimensions of at least twenty feet (20') in width and fifty feet (50') in length, not less than one story in height.

1. Inner Court: An inner court, if provided, shall be not less than six feet (6') wide, nor shall its area be less than twice the square of its required least dimension.

(D) Intensity Of Use Of Lot: No building with its accessory buildings, to be used for commercial purposes, shall occupy in excess of ninety percent (90%) of the area of the lot.

(E) Rear Yard: There shall be a rear yard of not less than ten percent (10%) of the depth of the lot provided, however, such rear yard need not exceed ten feet (10') in depth.

(F) Setback: See sections 6-1-12 and 6-1-13 of this chapter. (Ord. 145, 8-3-1961)

(G) Side Yard: A side yard, if provided, shall be not less than three feet (3') wide, and shall extend the full depth of the lot. (Ord. 91-845, 7-2-1991)

6-1-5-1: M-U MIXED-USE BUSINESS DISTRICT REGULATIONS:

(A) Permitted Uses: The uses set forth in L-1, F, T and O districts shall be permitted uses.

The uses set forth in B-1 and H-1 shall also be permitted uses strictly subject to the following location restrictions in which a B-1 use will be prohibited along the property line abutting the GATX Corporation parcel of land and an H-1 use will be prohibited along the property line abutting Archer Avenue. (Ord. 91-845, 7-3-1991)

6-1-6: H-1 HEAVY MANUFACTURING DISTRICT REGULATIONS:

(A) Permitted Uses: Any production, processing, cleaning, servicing, testing, repair or storage of materials and goods or products which are not injurious or offensive to adjacent premises or nearby residential districts by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, fire or explosive hazard, or glare or heat. Uses definitely prohibited are the following: (Ord. 90-818, 4-26-1990)

Animal glue factories.

Auto wrecking.

Fertilizer plants.

Hair processing industry.

Incinerators which burn or dispose of hazardous and/or toxic waste, hazardous and/or toxic hospital waste, municipal waste, pollution control waste and industrial process waste.

Junkyards or dumps.

Manufacture of high explosives.

Motor freight terminal.

Refuse, dead animal or garbage dumps. (Ord. 90-818, 4-26-1990; amd. Ord. 10-1340, 9-16-2010)

(B) Setbacks: No building or structure shall be erected, altered, enlarged or rebuilt in the heavy manufacturing district so as to place its street wall nearer than twenty feet (20') from the front lot line. On corner lots, no building or structure shall be erected, altered, enlarged or rebuilt so as to place its side wall nearer than fifteen feet (15') from any side property line on any side street. (Ord. 145, 8-3-1961)

(C) Side Yards And Areas Between Buildings: There shall be a side yard on each side of the building of at least fifteen feet (15'), beginning from the lot line to the building line. Notwithstanding anything to the contrary contained in this section, sufficient space shall at all times be maintained between and around buildings to permit free and unobstructed access to the premises by firefighting equipment. In all instances, however, where private and public property adjoin each other and have a common side yard property line, no building or structure shall be erected, altered, enlarged or rebuilt on said private property within thirty feet (30') of such common side yard property line. (Ord. 510, 10-7-1965)

(D) Utilities: Ten feet (10') shall be set aside on each side of all public or private streets in the heavy manufacturing district for public and municipal utilities, except however, that on West 73rd Street the ten feet (10') on the south side thereof shall be set aside for sewers and telephone cables and the ten feet (10') on the north side thereof shall be set aside for water mains and fire hydrants. No overhead utility lines shall be located on either side of 73rd Street.

(E) Parking: On street parking is expressly prohibited. The owner or lessee of property improved for heavy manufacturing purposes shall provide sufficient off street parking facilities to reasonably accommodate customers, guests and employees of such owner or lessee of the improved premises.

(F) Loading Areas: Loading docks or areas must be built on the side or the rear of buildings.

(G) Temporary Buildings: No temporary buildings shall be constructed or erected in the heavy manufacturing district except temporary shells or buildings used in conjunction with building construction. For the purpose of this chapter, quonset huts, corrugated metal or prefabricated buildings are hereby classified as temporary buildings.

(H) Streets: All streets in the heavy manufacturing district, whether public or private, shall be built or constructed of blacktop or other hard surface material to be approved by the enforcing officer designated in said chapter. All dead end streets in said heavy manufacturing district shall be provided with turn around places suitable to accommodate trucks and other large motorized equipment. The improved area of all side streets shall be at least thirty feet (30') in width, provided, however, that the improved area of 73rd Street shall be forty feet (40') in width.

(I) Sidewalks: All sidewalks in the heavy manufacturing districts shall be constructed or laid upon lines and grades established or given by the village. Sidewalks on all side streets shall have a minimum width of five feet (5') and shall be constructed on the side of the street designated by said enforcement officer, except however, that such sidewalks shall be constructed of both sides of 73rd Street. (Ord. 90-818, 4-26-1990)

6-1-6-1: DEFINITIONS REGARDING HAZARDOUS OR INDUSTRIAL WASTES:

For the purpose of this section, whenever any of the following words or terms are used herein, they shall have the meaning ascribed to them in this section unless the context otherwise clearly requires:

HAZARDOUS HOSPITAL WASTES: Pursuant to the regulations promulgated by the Illinois environmental protection act, "hazardous hospital wastes" means waste generated in connection with patient care that is contaminated with or may be contaminated with an infectious agent that has the potential of inducing an infection and has not been rendered innocuous by sterilization or incineration.

HAZARDOUS WASTE: Pursuant to the regulations promulgated by the Illinois environmental protection act, "hazardous waste" means a waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious, irreversible, or incapacitating reversible, illness; or pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed, and which has been identified, by characteristics or listing, as hazardous pursuant to section 3001 of the resource conservation and recovery act of 1976, PL 94-580, or pursuant to board regulations.

INCINERATOR: An industrial waste disposal site or an industrial waste treatment facility which disposes of and/or burns any hazardous and/or toxic waste, hazardous and/or toxic hospital waste, municipal waste, industrial process waste, and pollution control waste.

INDUSTRIAL PROCESS WASTE: Pursuant to the regulations promulgated by the Illinois environmental protection act, "industrial process waste" means any liquid, solid, semisolid, or gaseous waste generated as a direct or indirect result of the manufacture of a product or the performance of a service. Any such waste which would pose a present or potential threat to human health or to the environment or with inherent properties which make the disposal of such waste in a landfill difficult to manage by normal means is an industrial process waste. "Industrial process waste" includes, but is not limited to, spent pickling liquors, cutting oils, chemical catalysts, distillation bottoms, etching acids, equipment cleanings, paint sludges, incinerator ashes, core sands, metallic dust sweepings, asbestos dust, hospital pathological wastes and off specification, contaminated or recalled wholesale or retail products. Specifically excluded are uncontaminated packaging materials, uncontaminated machinery components, general household waste, landscape waste and construction or demolition debris.

INDUSTRIAL WASTE DISPOSAL SITE: A site where industrial waste is disposed of.

MUNICIPAL WASTE: Pursuant to the regulations promulgated by the Illinois environmental protection act, "municipal waste" means garbage, general household and commercial waste, landscape waste and construction or demolition debris.

POLLUTION CONTROL WASTE: Pursuant to the regulations promulgated by the Illinois environmental protection act, "pollution control waste" means any liquid, solid, semisolid or gaseous waste generated as a direct or indirect result of the removal of contaminants from the air, water or land, and which pose a present or potential threat to human health or to the environment or with inherent properties which make the disposal of such waste in a landfill difficult to manage by normal means. "Pollution control waste" includes, but is not limited to, water and wastewater treatment plant sludges, baghouse dusts, scrubber sludges and chemical spill cleanings.

TOXIC WASTE: Waste or combination of waste, having the character or producing the effects of a poison or poisonous substance which pose a substantial present or potential hazard to human health or to the environment.

WASTE: Pursuant to the regulations promulgated by the Illinois environmental protection act, "waste" means any garbage, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility or other discarded material, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the clean water act or source, special nuclear, or byproduct materials as defined by the atomic energy act of 1954, as amended (68 stat. 921) or any solid or dissolved material from any facility subject to the federal surface mining control and reclamation act of 1977 (PL 95-87) or the rules and regulations thereunder or any law or rule or regulation adopted by the state of Illinois pursuant thereto. (Ord. 90-818, 4-26-1990)

6-1-6-2: CICERO AVENUE CORRIDOR OVERLAY DISTRICT:

(A) Rules Of Construction: The following rules shall be observed and applied in the interpretation of this section:

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

2. Words used in the singular shall include the plural and the plural shall include the singular;

3. The words "shall" and "will" are mandatory and are not discretionary; the word "may" is permissive;

4. The words "buildings/structures" shall include all nonliving improvements upon the land;

5. The phrase "including, but not limited to" shall define examples selected to illustrate the interpretation of this section and the final interpretation shall be reserved for the village board of trustees;

6. The word "person" shall include the words association, corporation, estate, partnership, venture or other legal entity.

(B) Applicability: These regulations shall apply to all new development within the district, whenever development applications are required to be submitted to the village.

Development existing or authorized prior to the approval of this section, February 6, 2003, shall not be required to comply with the regulations contained herein. However, compliance with this section is required for an existing development when the principal structure is expanded by twenty five percent (25%) or more of the existing square footage. Nonconforming uses are also subject to regulations set forth in section 6-1-10 of this chapter.

(C) District Boundaries: The Cicero Avenue overlay district is generally bounded by 65th Street to the north, Cicero Avenue to the east, 76th street to the south, and Laramie Avenue to the west and shall include the full depth of all parcels of land contiguous to Cicero Avenue and State Road within the village limits. Precise boundaries are provided on the district boundaries map on file in the village.

(D) Relationship To Underlying District And Regulations: The Cicero Avenue overlay district shall overlay all underlying districts so that any parcel of land that falls within the district boundaries becomes subject to the regulations of both the overlay district as well as those of the underlying zoning district. Where inconsistencies in the regulations between the overlay district and the underlying zoning district occur the more restrictive shall apply.

(E) Definitions: Whenever the following words or terms are used in this section, they shall have such meanings herein ascribed to them.

ADULT ENTERTAINMENT ESTABLISHMENT: An adult cabaret, adult massage parlor, adult store, or adult theater, shall be defined as follows:

Adult Booth: Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

Adult Cabaret: Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:

1. Persons who appear nude or seminude.

2. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

3. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

Adult Massage Parlor: Any establishment providing massages and/or other forms of physical contact of an erotic or adult nature.

Adult Material: Any of the following, whether new or used:

1. Books, magazines, periodicals, or other printed matter, or digitally stored materials; or

2. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

3. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.

Adult Store: Any commercial establishment: 1) that contains one or more adult booths; 2) that as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or 3) that has a segment or section devoted to the sale or display of adult materials.

Adult Theater: Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

BAR/NIGHTCLUB: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises.

DRUG TREATMENT FACILITIES: A facility designed for inpatient or residential drug treatment for addictions or substance abuse which would require a patient to reside in the facility for a designated period of time.

FULLY SHIELDED OUTDOOR LIGHT FIXTURE: A lighting fixture constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as determined by a photometric test report or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.

HOTEL: An establishment designed for temporary occupancy to individuals who are lodged with or without meals for compensation. A hotel:

1. Is available to the general public;

2. Is comprised of eighty (80) or more sleeping rooms, excluding employee quarters;

3. Provides a private bath for each guest unit which includes a toilet, sink, and shower/tub;

4. Provides primary access to all guest units through a fully heated/air conditioned internal hallway;

5. Provides hotel services such as maid, telephone, and postal service;

6. May allow the conduct of incidental business;

7. May provide meeting rooms, common dining facilities (including banquet rooms);

8. May provide all uses customarily and historically associated thereto for the comfort, accommodation and entertainment of patrons, including the service of alcoholic beverages.

LUMEN: A unit of measure of the quantity of light which falls on an area of one square foot, every point of which is one foot (1') from the source of one candela. A light source of one candela emits a total of 12.57 lumens.

MOTEL: Any building or series of buildings that is not a hotel in which temporary lodging is open to the general public for compensation. As such it is in contradiction to a boarding house, or multiple-family dwelling. A motel generally differs from a hotel in that it:

1. Is generally no more than two (2) stories above grade;

2. Provides primary access to some or all guest units through an independent exterior door;

3. Provides adjoining parking for each unit.

Other terms include: auto courts, tourist courts, tourist homes, and motor lodges.

NURSING HOME: A private institution providing residential accommodations with health care services. Nursing homes also include skilled nursing facilities, assisted living accommodations and/or retirement centers.

RESTAURANT: A structure in which the principal use is the preparation and sale of food and beverage. This definition does not include bars, taverns, or cocktail lounges.

USED CAR DEALERSHIPS: An establishment in which the principal business is the sale of a preowned automobile.

VISION CLEARANCE TRIANGLE: The area between two feet (2') and six feet (6') above grade, within a triangle formed by joining the two (2) points measured thirty three feet (33') from the intersection of the paved surfaces.

(F) Permitted And Prohibited Uses:

1. Permitted: The following uses shall be permitted within the Cicero Avenue corridor overlay district:

All uses permitted in the O office zoning district.

All uses permitted within the underlying zoning district, unless otherwise prohibited below.

Banks and financial institutions.

Convention centers.

Hotels.

Restaurants.

Retail stores/centers.

2. Prohibited: The following uses shall be prohibited within the Cicero Avenue corridor overlay district:

All adult establishments.

Bars/nightclubs not associated with a hotel.

Drug treatment facilities.

Motels.

Nursing homes.

Used car dealerships.

3. Conditional Use: Adult-Use Cannabis Dispensing Establishment facilities, as defined herein, requiring approval of a conditional use in the Cicero Avenue overlay Business District shall be processed in accordance with the Village Code.

(G) Height And Building Setbacks: Building height and setbacks for structures within the overlay district shall reflect the standards set forth in the underlying zoning district as well as sections 6-1-11 and 6-1-12 of this chapter.

(H) Building Design:

1. Bulk And Mass: All building and parking areas should be designed with treatments to break up the mass and bulk. Buildings shall include vertical architectural treatment to break down the scale of the building into visually smaller components. Any facade with a bland wall shall be screened through landscaping, berming, and/or fencing. Architectural details shall continue on all facades visible from the public right of way. Large expanses of blank walls facing the street are inappropriate.

The following design elements should be incorporated to break up the horizontal plane of a building or wall:

(a) Change in color, texture, or materials;

(b) Projections, recesses, and reveals, structural bays, entrances;

(d) Awnings.

2. Materials And Color:

(a) A minimum of fifty percent (50%) of all facades (discounting windows and doors), visible from the public right of way, should be covered with face brick, stone, textured masonry block, or some other masonry product of similar quality so as to add texture, color and visual interest to the otherwise bland appearance of large walls, roofs and facades.

(b) Ribbed metal/vinyl siding is prohibited as a primary exterior surface material. It may be used as trim material covering no more than ten percent (10%) of the facades.

(c) Smooth faced gray concrete block and tilt up concrete panels are prohibited on all facades visible from the public right of way.

(d) Facade colors should be earth tone colors with low reflectance. High intensity, metallic, or fluorescent colors are prohibited.

3. Mechanical Equipment: Roof mounted heating, ventilation and air conditioning equipment (excluding roof vents), duct work, air compressors, and other fixed operating machinery shall be fully screened from public view with architectural treatments that complement the overall design of the structure.

(I) Parking And Loading:

1. Scope Of Regulations: The off street parking and loading provisions of this section shall apply as follows:

(a) For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required by the regulations of this section. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within one year of such effective date, and diligently carried out to completion, only the less restrictive parking and loading standards as required prior to the effective date shall be provided.

(b) When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other unit 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.

(c) Whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use.

2. Existing Parking And Loading Facilities: Accessory off street parking or loading facilities which are located on the same lot as the building or use served, and which were in existence on the effective date hereof or were provided voluntarily after such effective date, shall not hereafter be reduced below the requirement of this section for a similar new building or use.

3. Joint Parking Facilities: Off street parking facilities for properties with separate buildings or uses, or for buildings with mixed uses, may be provided collectively on the zoning lot, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use. Cumulative parking requirements for mixed use occupancies may be reduced where it can be determined that the peak requirement of the several occupancies occurs at different times (either daily or seasonally). The "Shared Parking" report published by the Urban Land Institute may be used as a guideline in the estimation of parking demand for mixed use buildings and sites.

4. Computation: When determination of the number of off street parking spaces required by this section results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one parking space.

5. Size: A required off street parking space shall be at least nine feet (9') in width and at least eighteen feet (18') in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. Each required off street parking space shall have a vertical clearance of at least seven feet (7').

6. Access:

(a) Each required off street parking space shall open directly upon an aisle or driveway of at least the width below, based upon the angle of the parking stalls provided and whether the aisle serves one or two (2) rows of parking spaces:

Parking Angle	Serving 1 Row	Serving 2 Rows
Parallel	12 feet	12 feet
30 degrees	12 feet	12 feet
45 degrees	13 feet	14 feet
60 degrees	18 feet	19 feet
90 degrees	20 feet	24 feet

(b) All off street parking facilities shall be designed with appropriate means of vehicular access to a street in a manner which will least interfere with traffic movements. No driveway across public property or curb cut shall exceed a width of thirty feet (30').

7. Surfacing: All surface off street parking areas and driveways shall be improved with a compacted macadam base, not less than six inches (6") thick, surfaced with asphalt, concrete, brick or some comparable all weather dustless material. Construction of such surfacing shall be completed within one year of the issuance of a building permit.

8. Location Of Accessory Off Street Parking Facilities: For uses in business and manufacturing districts all required parking spaces shall be within one thousand feet (1,000') of the principal use.

9. Schedule Of Parking And Loading Requirements:

(a) Applicability: Accessory off street parking spaces shall be provided for the following uses as required hereinafter. For uses not listed herein, the parking requirements shall be determined by the village board. The off street parking requirements established herein may be reduced by the village board upon appeal, provided that it can show why the established requirement is not applicable or appropriate. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time. For the uses listed in the following table, off street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown below:

Use	Minimum Number Of Parking Spaces Required	Minimum Required Loading Spaces
Residential And Lodging Uses:
Child daycare center	1 parking space per employee, plus one-tenth (0.1) of 1 space per person of licensed capacity	No loading space required
Hotel	1 parking space per guestroom, plus 1 space per every 2 employees, plus any spaces required for restaurant, lounge, banquet areas, and meeting rooms	As required for restaurant or lounge
Commercial Uses:
Automobile service stations	1 parking space per 2 employees	No loading space is required
Bowling alley	4 parking spaces per each lane, plus additional parking as required for any affiliated restaurant, bar, or banquet facility	Same as general retail
Convenience store	1 parking space per 200 square feet of GFA. Convenience stores with gas pumps require 4 stacking spaces/side of pump islands
Laundromat	1 parking space per 4 machines	No loading space is required
Restaurants with drive-through or carry out facilities	1 parking space per 3 seats, plus 3 per cashier station. 8 stacking spaces per drive- through window	1 loading space per 40,000 square feet of GFA
Restaurants without drive-throughs	11 parking spaces per 1,000 square feet of GFA	1 loading space per 40,000 square feet of GFA
Retail establishments (unless specified elsewhere)	1 parking space per 200 square feet of GFA
Office Uses:
Financial institutions	4 parking spaces per 1,000 square feet, plus 5 stacking spaces for each drive-through teller position	None for the first 10,000 square feet, then 1 per 50,000 square feet up to 110,000 square feet plus 1 per 100,000 square feet thereafter
General offices	4 parking spaces per 1,000 square feet of GFA	None for the first 30,000 square feet, then 1 per 100,000 square feet, thereafter
Medical/dental offices	5 parking spaces per 1,000 square feet of GFA	Same as general offices

(J) Landscaping And Screening:

1. Parking Lot Street Yards: Where parking lots providing for five (5) or more parking spaces are in view of the public right of way, there should be installed, within a ten foot (10') wide street yard between the parking area and the street, a minimum of, three (3) 13/4-inch caliper canopy trees and one 13/4-inch caliper understory trees per one hundred (100) linear feet of frontage.

The substitution of one understory tree for each required shade tree that would conflict with overhead utilities will be permitted within street yards.

In conjunction with the planting standards described above, the following screening techniques are encouraged:

(a) Masonry walls compatible with proposed building design, and landscaped as a foundation wall;

(b) Screen fencing of wrought iron or approved material. Chainlink fencing is prohibited;

(c) An earthen berm between the right of way and the building, not to exceed a slope of two to one (2:1) (vertical:horizontal).

2. Landscape Parking Islands: To break up large expanses of parking and provide a minimum five percent (5%) landscape area, landscape islands should be required such that no parking space may be greater than ninety (90) linear feet away from a landscape island containing a canopy tree (roughly 1 per every 10 spaces). Landscape islands must be a minimum of seven feet (7') wide from back of curb to back of curb and minimum of one hundred sixty two (162) square feet in area.

3. Landscaping Between Buildings: There should be sufficient quantities of canopy, understory and evergreen trees, shrubs and ground covers to adequately screen unattractive views at the side and rear of adjacent buildings.

4. Foundation Planting:

(a) At minimum a four foot (4') wide landscape area should be provided adjacent to all building walls (excluding driveways, entrance areas, covered walkways, service and delivery areas).

(b) This landscape area should be planted with a balance of understory and evergreen trees, shrubs and ground covers.

(c) These plantings should emphasize softening of large expanses of building walls length and height, accent building entrances and architectural features and screen mechanical equipment adjacent to buildings.

(K) Outdoor Lighting:

1. All areas intended for pedestrian use should be well lighted by fixtures that focus on lighting walkways and sitting areas.

2. Decorative lighting fixtures that supplement general lighting are strongly encouraged in all developments.

3. To minimize hazardous glare, all fixtures visible from the public right of way (with the exception of general street lighting) with output greater than fourteen thousand (14,000) initial lumens shall be designed with no lenses or globes protruding below the shell of the fixture and shall generally be parallel with the ground.

(L) Signs:

1. The colors and materials of signs shall be similar to and compatible with the architectural style, colors and materials of the related building. Every sign shall be designed as an integral architectural element of the building and site to which it relates.

2. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's message and shall be composed in proportion to the area of the sign face.

3. Signs should be oriented to vehicular traffic as well as pedestrians, and scaled appropriately.

4. No sign shall be located in the vision clearance triangle.

(M) Minimum Lot Size: No hotel shall be constructed on a lot less than five (5) acres in size without a special use permit in accordance with the terms and provisions of this title. Hotels may be constructed on lots less than five (5) acres if they are part of a larger, master planned project, provided the sum of all contiguous lots within the master planned project is greater than fifteen (15) acres.

(N) Density: Maximum density requirements for hotels are calculated on a sliding floor area ratio (FAR) system which is dependent on the size of the site. FARs for master planned projects are calculated based on the sum of all contiguous lots within the project.

The following FARs shall apply:

0.25 for sites less than 10 acres;

0.40 for sites between 10–15 acres; and

0.70 for sites greater than 15 acres.

(O) Height: No hotel shall be less than three (3) stories above grade. No hotel hereafter erected or structurally altered shall exceed federal aviation administration (FAA) regulations.

(P) Minimum Room Size: No guestroom, including the bathroom, shall be less than three hundred (300) square feet of heated/air conditioned space.

(Q) Amenities: All hotels shall be required to provide guests with the following facilities/improvements:

1. On site food service including either a restaurant, cafe, and/or in house or contracted room service;

2. Access to a swimming pool, and fitness center on site;

3. Elevator service to all floors containing guestrooms;

4. Twenty four (24) hour on site private security; and

5. Handicapped accessible facilities as required per the provisions of this code.

(R) Rate Structure: No hotel shall provide rates for any period less than one full night's stay. No hotel shall provide rates for any period greater than thirty (30) consecutive nights.

(S) Adult-Use Cannabis Dispensing:

1. Components: Adult-Use Cannabis Dispensing Components: In determining compliance with division (F) 2. (Conditional Uses) of this section, the following components of the Adult-Use Cannabis Dispensing Establishment shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

a. Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

b. Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

c. Hours of operation and anticipated number of customers/employees.

d. Anticipated parking demand and available private parking supply.

e. Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

f. Site design, including access points and internal site circulation.

g. Proposed signage plan.

2. Requirements: Adult-Use Cannabis Dispensing Organization: In those zoning districts in which an Adult-Use Cannabis Dispensing Organization may be located, the proposed facility must comply with the following:

a. Facility may not be located within one thousand five hundred feet (1,500 ft.) of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

b. Facility may not be located in a dwelling unit or within two hundred and fifty feet (250 ft.) of the property line of a pre-existing property zoned or used for residential purposes.

c. At least seventy-five percent (75%) of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises.

d. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

3. Security Improvements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments.

4. Operational Rules: That any Adult-Use Dispensing Establishment shall fully comply with the operational rules as set forth in Section 15-70 of the Act including but not limited to the following:

a. A dispensing organization must include the legal name of the dispensary on the packaging of any cannabis product it sells.

b. Dispensing organizations are prohibited from selling any product containing alcohol except tinctures, which are limited to containers that must be no larger than one hundred (100) milliliters.

c. A dispensing organization may only accept cannabis deliveries into a restricted access area. Deliveries may not be accepted through the public or limited access areas unless otherwise approved under the Act.

d. A dispensing organization shall maintain compliance with state and local building, fire and zoning requirements or regulations.

e. A dispensing organization's license allows for a dispensary to be operated only at a single location.

f. A dispensing organization may operate between 6:00 a.m. and 10:00 p.m. local time.

g. A dispensing organization shall not:

(1) Produce or manufacture cannabis;

(2) Obtain cannabis or cannabis-infused products from outside the State of Illinois;

h. Sell cannabis or cannabis-infused products to a purchaser unless the dispensary organization is licensed under the Illinois Medical Cannabis Program Act, and the individual is registered under the Medical Cannabis Program Act or the purchaser has been verified to be over the age of 21;

i. Operate drive-through windows;

j. Allow for the dispensing of cannabis or cannabis-infused products in vending machines;

k. Transport cannabis to residences or other locations where purchasers may be for delivery;

l. Operate a dispensing organization if its video surveillance equipment is inoperative;

m. Operate a dispensing organization if the point-of-sale equipment is inoperative;

n. Operate a dispensing organization if the state's cannabis electronic verification system is inoperative;

o. Operate a dispensing organization when there are fewer than two people working at any time;

p. Violate any other requirements or prohibitions set by the Act or administrative rules. (Ord. 03-1134, 2-6-2003; amd. Ord. 19-1615, 11-21-2019; Ord. 21-1659, 3-4-2021)

6-1-7: L-1 LIGHT MANUFACTURING DISTRICT REGULATIONS:

(A) Permitted Uses: No building or premises shall be used and no building shall hereafter be erected, altered, enlarged or rebuilt within the light manufacturing district except for the following purposes:

Bakeries.

Generating plants.

Light manufacturers of merchandise from cork, metal, fibre, paper products, printing, binding and newspaper plants, wood products shops, lighting fixtures.

Light manufacturing of products from steel, iron, copper, etc., but not a foundry.

Machine shops.

Milk bottling and distribution plants.

Other light manufacturing which is free of obnoxious odors or fumes or other disturbing elements seen, heard, felt or noticed beyond the boundaries of such district.

(B) Setbacks: No building or structure shall be erected, altered, enlarged or rebuilt in the light manufacturing district so as to place its street wall nearer than twenty feet (20') from the front lot line. On corner lots, no building or structure shall be erected, altered, enlarged or rebuilt so as to place its side wall nearer than fifteen feet (15') from the street property line on any side street. (Ord. 145, 8-3-1961)

(D) Utilities: Ten feet (10') shall be set aside on each side of all public or private streets in the light manufacturing district for public or municipal utilities.

(E) Parking: On street parking is expressly prohibited. Owner or lessees of property actually using the same for light manufacturing purposes shall provide sufficient off street parking facilities to reasonably accommodate customers, guests and employees of such owner or lessee.

(F) Temporary Buildings: No temporary buildings shall be constructed or erected in the light manufacturing district except temporary shells or buildings used in conjunction with building construction. For the purpose of this chapter, quonset huts, corrugated metal or prefabricated buildings are hereby classified as temporary buildings.

(G) Loading Areas: Loading docks or areas must be built on the side or rear of buildings. (Ord. 145, 8-3-1961)

6-1-8: F MOTOR FREIGHT TERMINAL DISTRICT REGULATIONS:

(A) Definition: "Motor freight terminal" shall mean a building in which freight brought by motor truck is assembled, sorted or stored for routing in intrastate or interstate shipment; and for the purpose of this chapter shall include any building, structure or vacant land occupied for the storage, warehousing, parking or garaging of motor trucks used as common, contract or special carriers operating under intrastate or interstate certificated rights.

1. Activities involving motor freight terminals shall be permitted only in the F or motor freight terminal district as herein legally described. The following additional uses of land or buildings are permitted in the F or motor freight terminal district:

Automobile service stations.

Battery and tire service stations.

Garages and parking lots for automobiles.

Heliports.

Motor vehicle service shops for passenger and commercial vehicles, including body repair, automobile painting and engine rebuilding.

Packing and crating.

Parcel delivery stations.

Parks and playgrounds.

Planned developments, business or commercial.

Public utility and public service uses.

Warehouses.

(B) Setbacks: No building or structure shall be erected, altered, enlarged or rebuilt in the motor freight terminal district so as to place its street wall nearer than twenty feet (20') from the front lot line. On corner lots, no building or structure shall be erected, altered, enlarged or rebuilt so as to place its side wall nearer than fifteen feet (15') from any side property line on any side street.

(C) Side Yards And Areas Between Buildings: There shall be a side yard on each side of the building of at least fifteen feet (15') from the lot line to the building line. Notwithstanding anything to the contrary contained in this section, sufficient space shall be maintained between and around buildings to permit free and unobstructed access of firefighting equipment.

(D) Parking: On street parking is expressly prohibited in the motor freight terminal district. The owner or lessee of any property which is actually used for truck terminal purposes shall provide sufficient off street parking facilities to reasonably accommodate customers, guests and employees of such owner or lessee.

(E) Temporary Buildings: No temporary buildings shall be constructed or erected in the motor freight terminal district except temporary shells or buildings to be used in conjunction with building construction. For the purpose of this chapter, quonset huts, corrugated metal or prefabricated buildings are hereby classified as temporary buildings.

(F) Fencing: All property in the motor freight terminal district, whenever used for such purpose, shall be surrounded on all sides with cyclone, chainlink or other suitable fencing not less than six feet (6') in height, together with 3-strand wire at the top thereof.

(G) Paving: All property actually used for truck terminal purposes shall be improved with blacktopping or other hard surface material approved by said enforcing officer.

(H) Utilities: Ten feet (10') shall be set aside on each side of all private or public streets in the motor freight terminal district for public or municipal utilities. Water supply in the motor freight terminal district shall be furnished through mains from the Harlem Avenue pumping station of the village of Bedford Park. (Ord. 145, 8-3-1961)

6-1-9: T BULK STORAGE OF FLAMMABLES DISTRICT REGULATIONS:

(A) Definitions:

BULK STORAGE: The method of containing, holding or storing liquids received by tank vessel, pipeline, tank car or tank vehicle, and stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipeline, tank car, tank vehicle or container.

FLAMMABLE LIQUIDS: Common usage considers "flammable liquids" as those below one hundred degrees Fahrenheit (100°F) (37.8°C) and having a vapor pressure not exceeding forty (40) pounds per square inch. "Combustible liquids" include those both below and above two hundred degrees Fahrenheit (200°F) (93.4°C).

FLASH POINT: The minimum temperature in degrees Fahrenheit at which a flammable liquid will give off a flammable vapor.

PACKAGING: To make into a pack, bundle or container for delivery and distribution to other points and places.

WAREHOUSING: The storing and housing of all products, merchandise and materials used in connection with bulk storage activities, as well as such products, merchandise and materials which may be shipped to those engaged in such activities in the district for distribution to other points and places. (Ord. 37, 9-11-1941; amd. Ord. 517, 12-16-1965; Ord. 667, 7-7-1978)

(B) Permitted Uses, Regulations, Restrictions And Exceptions: Activities involving the handling of bulk storage of flammables and nonflammables shall be permitted only in the T or bulk storage of flammables district, as herein legally described. That in addition thereto, all activities permitted in the L-1 light manufacturing district, including warehousing and packaging activities and office structures shall be permitted in said district, provided, however, that activities involving storage of nonflammable liquids, warehousing and packaging, as well as office structures shall be permitted only when the same have been recommended to the village board by the village fire chief and have been approved by the village board; and provided, further, that the same meet all other zoning, building and safety requirements promulgated by the village board. (Ord. 517, 12-16-1965)

1. (Rep. by Ord. 667, 7-7-1978)

2. (Rep. by Ord. 667, 7-7-1978)

3. (Rep. by Ord. 667, 7-7-1978)

4. Each diked area, whether containing a single tank or a group of tanks shall be adjacent on one side to an all weather road at least thirty feet (30') wide. The exterior shell of a tank shall not be more than one hundred feet (100') from a roadway and all such roads shall be open for entrance and egress at each end.

5. No tank shall be erected within two hundred feet (200') of the north or south boundary of said district.

6. Owners of adjacent property within the district shall not erect a tank closer than one hundred feet (100') to the common property line, except that tanks of more than two hundred feet (200') in diameter shall not be erected closer than one times the diameter of such tank less than one hundred feet (100') to the common property line.

7. No tank shall be erected in said district within four hundred feet (400') of Archer Road.

8. All tanks erected along the line nearest to and paralleling any dedicated street shall contain only fuel oil.

9. All buildings erected in said district shall be so spaced and located as to be at least thirty feet (30') apart, but no such building shall be spaced or located less than one hundred feet (100') or one times the diameter of any tank measured from the peripheral surface of such tank.

10. With regard to the metropolitan sanitary district property, no tank shall be erected thereon within one hundred feet (100') of the sanitary and ship canal on the west side, and the spacing and location of tanks and buildings on the east side of said property shall be subject to the approval of the village board. (Ord. 517, 12-16-1965)

11. The storage of nonflammable liquids may be permitted as a conditional and/or incidental use in H-1 heavy manufacturing districts, L-1 light manufacturing districts, and F motor freight terminal districts, subject to the requirement that all tanks exceeding six feet (6') in height or two feet (2') in diameter be placed under ground or housed in a suitable building. (Ord. 634, 5-15-1975)

6-1-9-1: O OFFICE DISTRICT REGULATIONS:

(A) Reference: The regulations set forth in this section, or set forth elsewhere in this chapter when referred to in this section, are the office district regulations.

(B) Use Regulations: No building or premises shall be used and no buildings shall hereafter be erected or altered within the O office district except for the necessary use to which any one of the following places or establishments may be put:

Business offices, such as district offices, sales offices, branch offices.

Dental and medical clinics and/or offices.

Insurance, real estate, loan association and other similar business and professional offices.

Private or professional schools, except those of an industrial character.

Signs, subject to village ordinances.

(C) Other Uses: As part of an office complex and contained within the building whose main use is listed in subsection (B) of this section, the following uses are permitted:

Barbershops.

Drug sales.

Restaurants.

(D) Height Regulations: No building hereafter erected or structurally altered in the O office district shall exceed FAA regulation.

(E) Area Regulations: No building shall be erected or shall any existing structure be enlarged or altered unless the following yards and lot areas are provided and maintained in connection with such building, structure, or enlargement:

1. Front Yard: A front yard of not less than twenty feet (20') in depth along the front lot line shall be provided.

2. Rear Yard: Rear yard is required for adequate and useable loading and unloading and refuse disposal facilities.

3. Rear Yard With No Public Alley: Where no public alley exists, there shall be a rear yard of the same depth as that required for either the rear or side yard, whichever is lesser, in the adjacent residential lot.

4. Side Yards And Areas Between Buildings: There shall be a side yard on each side of the building of at least fifteen feet (15'), beginning from the lot line to the building line. Notwithstanding anything to the contrary contained in this chapter, sufficient space shall at all times be maintained between and around buildings to permit free and unobstructed access to the premises by firefighting equipment. In all instances, however, where private and public property adjoin each other and have a common side yard property line, no building or structure shall be erected, altered, enlarged or rebuilt on said private property within thirty feet (30') of such common side yard property line.

5. Setbacks: No building or structure shall be erected, altered, enlarged or rebuilt in the office district so as to place its street wall nearer than twenty feet (20') from the front lot line. On corner lots, no building or structure shall be erected, altered, enlarged or rebuilt so as to place its side wall nearer than fifteen feet (15') from any side property line on any side street.

6. Parking: On street parking is expressly prohibited. The owner or lessee of property improved for office district purposes shall provide sufficient off street parking facilities to reasonably accommodate customers, guests and employees of such owner or lessee of the improved premises.

7. Utilities: Ten feet (10') shall be set aside on each side of all public or private streets in the office district for public and municipal utilities, except, however, that on West 73rd Street, the ten feet (10') on the south side thereof shall be set aside for sewers and telephone cables and the ten feet (10') on the north side thereof shall be set aside for water mains and fire hydrants. No overhead utility lines shall be located on either side of 73rd Street. (Ord. 616, 7-19-1973)

6-1-10: NONCONFORMING USES:

The lawful use of a building or premises existing at the time of adoption of this chapter may be continued, although such use does not conform with the provisions hereof, and such use may be extended throughout the building or premises lawfully acquired previous to the adoption of this chapter and on which such use is located. A nonconforming use may be changed to a use of the same or higher classification according to the provisions of this chapter and whenever a district shall hereafter be changed to a use of the same or higher classification according to the provisions of this chapter, and whenever a district shall hereafter be changed, any then existing nonconforming use in such changed district may be continued or changed to a use of a similar or higher classification, provided all other regulations governing the new use are complied with. Whenever a nonconforming use of a building has been discontinued or changed to a higher classification or to a conforming use, such use shall not thereafter be changed to a use of lower classification.

No use of property by buildings or otherwise, which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its value, shall be repaired or rebuilt without conforming with the regulations of this chapter. (Ord. 37, 9-11-1941)

6-1-11: HEIGHT AND AREA EXCEPTIONS AND REGULATIONS:

The foregoing requirements in the height regulations shall be subject to the following exceptions and regulations:

(A) Public, semipublic or public service buildings, churches, hospitals, sanitariums or schools may be erected to a height not exceeding sixty feet (60'), provided that if such building is located in any residential district, it shall be set back from each property line at least one foot (1') for each foot or additional building height above the limit for the district, in addition to the other requirements of this chapter.

The foregoing requirement in the area regulations shall be subject to the following exceptions and regulations.

(B) In A-1 and A residential districts, no accessory buildings shall be located within ten feet (10') of its rear or side lot line where such line forms part of the front half of the side line of an adjacent lot, but the foregoing rule shall not prohibit the erection of an accessory building eighty feet (80') or more from any street bounding the block. (Ord. 37, 9-11-1941)

1. Use of stackable containers in the village for permanent storage is hereby prohibited.

2. The use of stackable containers for transportation purposes of goods and commodities shall be governed by all applicable village code provisions contained in the comprehensive zoning ordinance of the village .

3. In addition to being governed by the comprehensive zoning ordinance of the village, no stackable containers shall be erected to a height exceeding thirty feet (30') in any zoning district of the village.

4. All stackable containers used to transport goods through the village shall be subject to aisle spacing requirements. Each stack of containers shall have an aisle space on each of the four (4) sides of said stack which shall be no less than three-fourths (3/4) of the height of said stack. (Ord. 761, 4-18-1985)

6-1-12: BUILDING LINE SETBACK:

No building shall be erected or altered in any A-1 residential district so as to place its street wall nearer than twenty three feet (23') from the street line; no building shall be erected or altered in any A residential district so as to place its street wall nearer than twenty three feet (23') from the street line; provided that:

(A) Where a block is occupied or partially occupied by buildings which existed in the block at the time of the passage of this chapter, the average of the distances of the street walls of buildings, from the street line, shall be the established building line; but no building shall be required to set back in any case more than twenty three feet (23') in any A-1 residential district, nor more than twenty three feet (23') in any A residential district.

(B) Where a lot on which a building line setback is required, adjoins a district with a smaller or no setback requirement, the buildings on said lot, for a distance of not more than fifty feet (50') from the district line, shall be required to observe only one-half (1/2) the setback that would otherwise be required for first said lot.

(C) Where the continuation of the front line of one or more lots in a business district forms the front line of one or more lots in the same block and in a residential district, the buildings in the business district shall, along that frontage, conform to the setback requirements of the adjoining residential district, but no business building shall be required by this section to set back more than fifteen feet (15') from the street line.

(D) Where owners of all properties in a block petition in writing for the establishment of a building line within that block, which building line differs from that which would otherwise be established by the provisions of this section, the board of appeals may, after due notice and hearings, recommend to the village board of trustees the adoption of the building line proposed by the petitioners. (Ord. 37, 9-11-1941)

6-1-13: VIOLATION; PENALTY; ENFORCEMENT:

Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

The building commissioner is hereby designated and authorized to enforce this chapter. (Ord. 37, 9-11-1941)

6-1-14: BOARD OF APPEALS:

(A) Creation And Membership: A board of appeals is hereby authorized to be established. The word "board" when used in this section shall be construed to mean the board of appeals. The said board shall consist of seven (7) members appointed by the president of the village with the advice and consent of the village board. One of said members shall be by the president designated as chairman of the said board and shall hold his office for a period of seven (7) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for six (6) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for five (5) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for four (4) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for three (3) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for two (2) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for one year and until his successor is appointed and qualified. At the expiration of the respective terms of office hereby created, and thereafter the members of said board shall be appointed in the manner hereinabove set forth for a term of seven (7) years each and until their respective successors are duly appointed and qualified. All of the members of said board shall serve without compensation, and they shall be subject to removal by the president and board of the village for cause and after public hearing.

(B) Meetings: All meetings of the board of appeals shall be held at the call of the chairman and at such other times as such Board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of such board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record.

(C) Duties: The board of appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the building coordinator. It shall also hear and decide all matters referred to it or upon which it is required to pass. The concurring vote of five (5) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building coordinator, or to decide in favor of the applicant any matter upon which it is required to pass.

Such an appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by general rule by filing with the building coordinator and with the board of appeals a notice of approval, specifying the grounds thereof. The building coordinator shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken.

(D) Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals, or by a court of record on application on notice to the officer from whom the appeal is taken, and on due cause shown.

(E) Powers:

1. The board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken.

2. The board shall have the power to recommend to the village board such changes in the district boundaries or regulations as it may deem necessary or desirable, as more particularly set forth in this chapter.

3. The board may from time to time adopt such rules and regulations as may be deemed necessary to carry into effect the provisions of this chapter.

4. The board shall have the power to call on any of the other village departments for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required. (Ord. 37, 9-11-1941)

6-1-15: OCCUPANCY PERMITS:

(Rep. by Ord. 667, 7-7-1978)

6-1-16: INTERPRETATION, PURPOSE AND CONFLICT:

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any rules, regulations or permits previously adopted or issued, and not in conflict with any of the provisions of this chapter, or which shall be adopted, or issued, pursuant to law relating to the use of buildings or premises; nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of buildings or requires larger open spaces than are imposed or required by such rules, regulations or permits, or by covenants, or agreements, the provisions of this chapter shall control. (Ord. 37, 9-11-1941)

6-1-17: BOUNDARIES OF DISTRICTS:

Where uncertainty exists with respect to the boundaries of the various districts as shown on the zoning map the following rules shall apply:

(A) The district boundaries are either streets or alleys, unless otherwise shown, and where the designations on the zoning map indicate that the various districts are approximately bounded by street or alley lines, such alleys or streets shall be construed to be the boundaries of such districts.

(B) Where the district boundaries are not shown to be streets or alleys and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the zoning map indicate that the various districts are approximately bounded by lot lines, such lot lines shall be construed to be the boundaries of such districts.

(C) Where the district boundaries are not shown by streets or alleys, or lot or block lines, the district boundaries shall be determined by use of the scale shown on the map. (Ord. 37, 9-11-1941)

6-1-18: CHANGES AND AMENDMENTS:

The regulations imposed and the districts created by this chapter may be amended from time to time by ordinance, but no such amendments shall be made without a hearing before the board of appeals.

The board of appeals may of its own motion, or upon petition signed by one or more property owners of any district or portion thereof, or upon instruction from the village board, cause to be prepared a notice indicating the changes proposed to be made in the regulations or in the district boundary lines, describing the boundaries of the territory to be affected. Such notice shall state the time and place of the public hearing for consideration of such proposed amendment, supplement or change, and the place where maps of the proposed amendment, supplement or change will be accessible for examination by interested parties.

Notice of such public hearing shall be published at least fifteen (15) days in advance thereof in at least one newspaper of general circulation in the village. After such public hearing, the board of appeals shall report to the village board on the proposed amendment, supplement or change, and may cause an ordinance authorizing such proposed amendment, supplement or change to be introduced in the village board. Such hearing may be adjourned from time to time. Whenever a written protest against such proposed amendment, supplement or change, signed and acknowledged by the owners of twenty percent (20%) of frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining in the same block or in the block back of or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage in the block directly opposite the frontage proposed to be altered, shall have been filed with the clerk within thirty (30) days after said public hearing, the ordinance providing for such proposed amendment, supplement or change shall not be passed except by the favorable vote of two-thirds (2/3) of the members of the village board. (Ord. 37, 9-11-1941)

6-1-19: MULTI-FAMILY DWELLING REGULATIONS:

(A) Definitions: For the purpose of this section, the following terms shall have these definitions:

FAMILY: An individual or married couple and the children thereof with not more than two (2) other persons related directly to the individual or married couple by blood or marriage, or a group of not more than four (4) unrelated persons, living together as a single housekeeping unit in a dwelling.

MULTI-FAMILY DWELLING: An existing building or portion thereof that was designed or altered in accordance with the provisions of this code for occupancy by two (2) families living independently of each other. That the only residences to be classified as permitted multi-family dwellings are as follows:

7647 W. 65th Place

7649 W. 65th Place

7654 W. 65th Place

7701 W. 65th Place

7703 W. 65th Place

7719 W. 65th Place

7720 W. 65th Place

7733 W. 65th Place

7813 W. 65th Place

7628 W. 66th Place

7701 W. 66th Street

7707 W. 66th Street

7710 W. 66th Street

7715 W. 66th Street

7807 W. 66th Street

OWNER: An individual who is the owner of record or has a primary beneficial land trust interest in the premises.

SINGLE-FAMILY DWELLING: A detached building having accommodations for and customarily occupied by one family unit and including a private garage. (Ord. 95-960, 10-5-1995; amd. Ord. 01-1086, 8-2-2001; Ord. 07-1236, 6-21-2007; Ord. 09-1295, 5-21-2009; Ord. 09-1307, 10-15-2009; Ord. 10-1341, 10-10-2010)

(B) Restrictions Of Multi-Family Dwellings:

1. Only the owner of the dwelling and his or her family and another family, related or unrelated, shall be allowed to reside, live or occupy the premises and said use shall be deemed a permitted use.

2. Any attempt or effort to alter, design, construct or remodel an existing single-family dwelling to a multi-family dwelling is strictly prohibited.

3. All multi-family dwellings shall comply with all pertinent provisions of this code.

(C) Effective Date Of Restriction: The restriction as described in subsection (B) of this section shall be effective upon any sale, transfer, conveyance of title to any of the aforesaid multi-family residences and thereon shall be an ongoing restriction. (Ord. 01-1086, 8-2-2001)

(D) Compliance With The Village Code: Nothing herein shall restrict or eliminate the requirement of compliance with all other provisions, terms, and conditions of this code.

(E) Penalties: Any individual who is in violation of this section shall be fined not less than one hundred dollars ($100.00), nor more than five hundred dollars ($500.00) for each offense. Each day a violation is allowed to exist by the individual shall be considered a separate offense. The village authorities shall also have the right to file a lawsuit before the proper division of the circuit court of Cook County seeking to enjoin the continuation of the violation either by the filing of a petition seeking a temporary restraining order, preliminary or permanent injunction. (Ord. 95-960, 10-5-1995)