A.   All parcels of land within the corporate limits of the village with frontage on the following streets or portions thereof shall be included in the old town district: (Ord. 2006-03, 1-23-2006; amd. 2012 Code)

Lake Street (U.S. 20) from Rosedale Avenue on the west to a point 75 feet more or less west of the west line of Ridge Avenue; the west side of Ridge Avenue, from Schick Road to a point 403.24 feet more or less north of the north line of Schick Road; the north side of Schick Road from a point 224.4 feet more or less west of Day Street extended to the west line of Ridge Avenue; Day Street from Schick Road to the north terminus; Third Street from Schick Road to Lake Street (U.S. 20); the west side of Bloomingdale Road from Schick Road to the south line of the Meacham Grove Forest Preserve; the east side of Bloomingdale Road from Schick Road to a point 267 feet more or less south of Log Lodge Drive; Walter Court from Park Avenue to the south terminus; Franklin Street from Third Street to First Street; and Washington Street from Day Street to First Street; including all parcels existing or created within the boundary lines described.

   B.   The boundaries of the old town district shall remain unchanged. There shall, however, be created a core area and a transition area, the boundaries of which are depicted on the old town plan attached as exhibit A to the ordinance codified herein which exhibit is made a part hereof. (Ord. 2006-03, 1-23-2006)

   A.   The old town preservation district is an overlay district intended to provide a mechanism whereby those structures, sites, and neighborhoods in the village, which are determined to have historic, architectural, aesthetic, or cultural significance, may be preserved and enjoyed in a suitable harmonious environment. (Ord. 2006-03, 1-23-2006; amd. 2012 Code)

   B.   Furthermore, it is the purpose of the old town preservation district to strengthen the economy of the village by stabilizing and enhancing property values in historic areas, and to encourage new construction and restoration of, renovation of, and rehabilitation of existing buildings that will be harmonious with historic sites and structures.

   C.   Such preservation, restoration, and rehabilitation of existing structures, as well as new construction, shall comply with the old town plan attached as exhibit A to the ordinance codified herein. (Ord. 2006-03, 1-23-2006)

When used in this chapter, the following words or phrases shall have the meanings ascribed to them in this section:

ALTERATION: Any act or process that changes one or more of the exterior architectural features of a structure.

EXTERIOR ARCHITECTURAL FEATURE: The architectural style, design, general arrangement and components of all of the outer surfaces of an improvement, as distinguished from the interior surfaces enclosed by said exterior surfaces, including, but not limited to, the kind of building material and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement, visible from public streets and thoroughfares.

IMPROVEMENT: Any building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property, or any part of such betterment.

INTERIOR: The visible surfaces of the interior of an improvement.

ORDINARY REPAIRS AND MAINTENANCE: Any work done on or replacement of any part of a property or an improvement for which the purpose or effect of such work or replacement is:

   A.   To correct any deterioration or decay of or damage to such improvement, or any part thereof, and to restore the same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage; or

   B.   To improve the condition of an existing use or structure on the property to a level that would be allowed if it were located elsewhere in the village.

OWNER: Any person, group of persons, partnership, corporation or other legal entity holding legal or equitable title to real estate located within the village of Bloomingdale including, but not limited to, contract purchasers and all of the beneficiaries under a land trust.

PLAN: The proposal for development of a special use, including a plat of survey, architectural or equivalent drawings and renderings, all covenants, grants of easement and other conditions relating to use, location and bulk of buildings, density of development and nature and purpose of the business or service to be conducted upon the property. The plan shall include all information required by this chapter. The phrase "provisions of the plan", where used in this chapter, shall mean those documents, verbal or graphic, referred to in this definition.

SPECIAL USE: A use that, because of its unique characteristics, may be allowed only after special consideration of its impact upon neighboring land and of public need for the use at the particular location. Such uses may include, but are not limited to, public and quasi-public uses affected with the public interest, uses which may have a unique, special or unusual impact upon the use or enjoyment of neighboring property, and planned developments. (Ord. 2006-03, 1-23-2006; amd. Ord. 2013-33, 10-28-2013)

   A.   With the exception of uses described in subsection B of this section, all uses in the old town preservation district shall be special uses, and shall be allowed in the manner for special uses and in keeping with the terms and conditions of this title. Unless otherwise specified under the terms of a special use permit, the building height and bulk regulations of the underlying zoning classification shall remain in effect. Said uses shall be consistent with the land use recommendations contained in the old town plan attached as exhibit A to ordinance 2006-03.

   B.   The following uses and plans do not require a special use permit:

      1.   Alterations, additions, renovation, and restoration of single-family residential structures built after 1933 and existing at the effective date hereof.

      2.   Construction of new single-family residential structures; provided, that the property is properly zoned. Plans for said structures shall be reviewed by the building and zoning official for compatibility with the old town environment and plan. Should the building and zoning official determine that the structure is not compatible with the old town environment or plan, the owner may request a special use permit, requiring planning and zoning commission review and village board approval.

      3.   Unless otherwise prohibited by subsection D of this section, all permitted uses in the B-1, Neighborhood Business District, B-2, Community Business District and B-3, General Service District, shall not require special uses and/or be subject to a public hearing process, but instead shall be subject to the following:

         a.   Any application for a change in use, which is otherwise permitted pursuant to this section, shall be reviewed and evaluated by the Board of Trustees at a public meeting;

         b.   No fee shall be assessed for the application however the applicant shall be responsible for any review fees, which could include but are not limited to, any review of the application by the Village Attorney and/or Third-Party Consultants;

         c.   Any application for consideration of a use shall include a comprehensive narrative, which includes the following:

            (1)    The nature of the business and scope of the services that are to be provided;

            (2)   Hours of operation;

            (3)   Number of shifts (if shifts are to be utilized);

            (4)   Number of overall employees, as well as number of employees per shift, if shifts will be utilized;

            (5)   Anticipated parking demands;

            (6)   Any special considerations or accommodations that may not otherwise be considered;

               (7)   Any other information deemed to be essential to the application, as determined by Village Staff or the Village Board of Trustees.

         d.   The Village Board reserves the right to refer any request to the Planning and Zoning Commission, if it is determined that the request warrants further review. Should the Board choose to refer the request to the Planning and Zoning Commission, the application shall then be considered as a request for a special use and as such, shall be subject to all processes and fees set forth for the special use process.

   C.   1. Unless otherwise authorized to the contrary by a development ordinance granting a special use permit, planned development or site plan approval, or in accordance with the provisions of subsection B of this section, changes of use shall be made as in the manner prescribed for special uses.

      2.   For purposes of this chapter, a new occupant or tenant shall be considered a change in use when at least one of the following two (2) circumstances applies:

         a.   There is a change in use within a building entirety or tenant space between a retail business and either a personal service establishment, business service establishment, professional office establishment, or special use as defined in sections 11-8C-2 and 11-8C-4 of this title.

         b.   There is a change in use within a building entirety or tenant space whereby the new use has a higher parking space requirement than the previous use, or the new use is a higher intensity use by virtue of having a greater number of employees, customers, or vehicular traffic than the previous use in such location.

   D.   Only the following special uses may be permitted, subject to review and approval as detailed in subsection 11-11-5C of this chapter:

      1.   All of the special uses in the B-1 neighborhood business district are allowed as special uses, excluding the following permitted and special uses:

Dry cleaning and laundry receiving establishment.

Nursery school, children's day school, day nursery, childcare center, and daycare center, unless operated on the premises of a church.

      2.   All of the special uses in the B-2 community business district are allowed as special uses.

      3.   Only the following uses in the B-3 general service business district are permitted as special uses in old town:

Drive-through restaurants located in the northeast quadrant of Bloomingdale Road and Lake Street, as defined by the old town plan; provided, however, that:

         a.   The restaurant is located on a parcel of adequate size to be able to accommodate required building setbacks from abutting arterials.

         b.   Access does not conflict with turn lanes associated with the planned widening of Lake Street and Bloomingdale Road.

         c.   The architectural design, materials, scale, and color styling of the restaurant is consistent with the turn of the century theme established for the old town district.

         d.   Landscaping is provided consistent with requirements of this chapter and chapter 4 of this title.

         e.   The site is illuminated by the Sternberg light standards and luminaries adopted for the old town district, or approved equivalent.

         f.   Signs are externally illuminated.

         g.   The village board finds, upon recommendation of the planning and zoning commission, that the drive-through restaurant is necessary and desirable, and is not inconsistent with the standards, conditions and criteria set forth in this chapter.

Museum.

      4.   The additional following use(s) shall be permitted as special uses:

         a.   Microbreweries, as defined by section 11-2-2 of this title.

         b.   Micro-wineries, as defined by Section 11-2-2 of this title.

      5.   All of the permitted uses in R-1, R-2, R-2B, R-2C, R-3, and R-4 districts are allowed as special uses in addition to the following special uses:

Art galleries and museums.

Churches.

Libraries.

Parks and playgrounds.

Planned developments.

Utility and public service uses.

However, consistent with subsection B2 of this section, new single-family residential structures do not require a special use permit if consistent with the underlying zoning, and the village building and zoning official determines the structure is compatible with the character of old town.

      6.   Uses similar to and compatible with the specifically listed permitted special uses in subsections D1, D2, D3 and D5 of this section, as determined through the special use permit process established in section 11-3-4 of this title. (Ord. 2006-03, 1-23-2006; amd. Ord. 2011-10, 2-28-2011; 2012 Code; Ord. 2013-33, 10-28-2013; Ord. 2014-46, 10-27-2014; Ord. 2014-48, 10-27-2014; Ord. 2017-09, 3-13-2017; Ord. 2020-28, 11-9-2020; Ord. 2021-36, 9-27-2021)

   A.   Criteria: The proposed plan shall be consistent with the following:

      1.   The land use, design, and signage recommendations contained in the old town plan attached as exhibit A to the ordinance codified herein.

      2.   This title, including chapter 4, "Site Development And Plan Review", of this title.

      3.   The land use limitations contained in subsection 11-11-4C of this chapter.

      4.   The special use criteria contained in section 11-3-4 of this title.

   B.   Submittals:

      1.   The owner shall submit documentation in compliance with chapter 4 of this title.

      2.   The owner shall submit a written statement describing the proposed plan, provide a basis for any requested exceptions to this title, and set forth the reasons, in his opinion, the special use permit would be consistent with the village objectives for the old town preservation district.

      3.   The owner shall submit a written statement explaining why the proposed use satisfies the special use criteria contained in section 11-3-4 of this title.

   C.   Procedure: Plans shall be reviewed in the manner of a special use permit as described in section 11-3-4 of this title, applying the criteria outlined in subsection A of this section. (Ord. 2006-03, 1-23-2006)

All signage shall be consistent with the sign guidelines contained in the old town plan attached as exhibit A to ordinance 2006-03 as determined by the building and zoning official through the issuance of a sign permit. Signage proposed that is not consistent with these guidelines shall be reviewed as an exception to the sign ordinance, requiring a recommendation from the planning and zoning commission at a public meeting and approval by the village board. (Ord. 2006-03, 1-23-2006; amd. 2012 Code; Ord. 2014-48, 10-27-2014)

   A.   Exterior painting of walls and trim shall require a permit to be issued by the building and zoning official that shall be granted so long as the colors used shall comply with the appropriate color palette outlined in subsection B of this section. (Ord. 2006-03, 1-23-2006; amd. 2012 Code)

   B.   Approved exterior colors include the Benjamin Moore historical color selection, or approved equivalent, or such other appropriate color approved by the building and zoning official, with recommendation from the planning and zoning commission and approval of the village board. (Ord. 2006-03, 1-23-2006; amd. 2012 Code; Ord. 2014-48, 10-27-2014)

All new fencing shall obtain a building permit prior to installation, and shall conform to the requirements of chapter 19, "Fencing And Screening", of this title. In addition to the requirements established in chapter 19, "Fencing And Screening", of this title, all fencing shall conform to the supplemental requirements of this section, as follows:

   A.   For properties where the fencing is proposed to be adjacent to Third Street, Day Street, Franklin Street, Washington Street, and First Street, fencing shall be limited to picket style, and constructed of wood, or equivalent material approved by the building commissioner.

   B.   For properties where the fencing is proposed to be adjacent to Lake Street (U.S. 20), Bloomingdale Road, or Schick Road, fencing shall be limited to: 1) picket style with wood construction or equivalent material approved by the building commissioner, or 2) black wrought iron, or black powder coated aluminum to resemble wrought iron.

   C.   Fences that exist on properties prior to the effective date hereof that do not comply with subsections A and B of this section shall be deemed nonconforming. Continued use of said existing fences shall be subject to the provisions of chapter 12, "Nonconforming Buildings, Structures And Uses", of this title.

Unless superseded by specific provisions for fencing in ordinances approved for individual properties within the district, the requirements of this section are applicable to all property within the old town preservation district, regardless of the zoning designation of each such property located in the district or the use(s) established on each such property. (Ord. 2012-27, 6-11-2012)

   A.   The specific terms and conditions of this chapter shall prevail against other existing ordinances of the village to the extent that there may be any conflict, and apply to those properties designated with the "old town special use" as of the date of the adoption of this code amendment and those properties obtaining such designation after the date of the adoption of this code amendment. (Ord. 2013-33, 10-28-2013)

   B.   All special use permits or conditional use ordinances heretofore granted or approved for particular sites shall remain in full force and effect. Provided, however, if any special use or conditional use previously established pursuant to a prior ordinance has been discontinued for a continuous period of eighteen (18) months, it shall be deemed abandoned, and the use of the property must be in compliance with the terms of this chapter. (Ord. 2006-03, 1-23-2006; amd. Ord. 2012-27, 6-11-2012)