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Bolingbrook City Zoning Code

ARTICLE II

DISTRICT REGULATIONS

Sec. 54-43. - Establishment of districts.

The village is divided into 16 zoning districts and one overlay district as follows:

(1)

E-R estate residence district: a district designed for single-family dwellings at a density of not more than one dwelling unit per gross acre and a lot area of not less than 40,000 square feet per dwelling unit.

(2)

R-1 single-family residence district: a district designed for single-family dwellings at a density of not more than 1½ dwelling units per gross acre and a lot area of not less than 20,000 square feet per dwelling unit.

(3)

R-2 single-family residence district: a district designed for single-family dwellings at a density of not more than 2½ dwelling units per gross acre and a lot area of not less than 12,000 square feet per dwelling unit.

(4)

R-3 single-family residence district: a district designed for single-family dwellings at a density of not more than three dwelling units per gross acre and a lot area of not less than 9,250 square feet per dwelling unit.

(5)

R-4 single-family attached, low density: a district designed for dwellings at a density of not more than five dwelling units per acre allowing a maximum of two units per building.

(6)

R-5 single-family residence, attached, high density: a district designed for single-family attached dwellings at a density of not more than seven dwelling units per acre allowing a maximum of eight units per building.

(7)

R-6 multiple-family residential, low density: a district designed for multiple-family dwellings at a density of not more than eight dwelling units per acre allowing a maximum of eight units per building.

(8)

R-7 multiple-family residential, high density: a district designed for multiple-family dwellings at a density of not more than 12 dwelling units per acre.

(9)

B-1 local retail district: a district designed to provide for a concentration of a limited range of commercial uses necessary to meet the daily convenience shopping needs of residents of the immediate area.

(10)

B-2 community retail district: a district designed to provide for a broad range of retail shopping facilities for the entire community.

(11)

B-3 highway commercial district: a district designed for those commercial facilities traditionally associated with or requiring the primary use of the automobile.

(12)

B-4 district, B-4 commercial urban redevelopment district: a district designed to permit general commercial uses, both retail and non-retail.

(13)

O-1 limited office district: a district designated to provide areas for business and professional offices, research and development facilities of good design located on well landscaped, park-like lots subject to high performance standards.

(14)

I-1 limited industrial district: a district designed to permit light industrial uses which meet the most restrictive performance standards of this article.

(15)

I-2 general industrial district: a district designed to permit general industrial uses which meet the performance standards for the district.

(16)

UD utility district: A district designed to address electric utility right-of-way located within the community.

(Code 1973, ch. 29, § 3-201; Ord. No. 76-017, 2-24-1976; Ord. No. 79-048, 8-14-1979)

Sec. 54-44. - Official zoning map.

(a)

The existing zoning uses, restrictions, divisions and regulations listed in section 54-43 are clearly shown on the official zoning map of the village, a copy of which is on file in the office of the zoning administrator of the village and available to any person desiring a copy thereof. The official zoning map, with all notations, references and other matters shown thereon, is declared by this reference to be a part of this article.

(b)

Except as hereinafter provided, it is the intent of this article that the entire area of the village, including all land and water areas, rivers, streets, alleys, railroads and other rights-of-way, be included in the districts established by this chapter. Any area not shown on the official zoning map as being included in any district shall be deemed to be in the E-R estate residence district.

(Code 1973, ch. 29, § 3-202; Ord. No. 11-029, 5-10-2011; Ord. No. 16-020, 3-22-2016)

Sec. 54-45. - Boundaries.

If uncertainties exist with respect to the intended boundaries of the various districts as shown on the zoning map, the following rules shall apply:

(1)

The district boundaries are the centerlines of the streets or alleys, unless otherwise indicated. Where designation of a boundary line on the zoning map coincides with the location of a street or alley, the centerline of such street or alley shall be construed to be the boundary of such district.

(2)

Where the district boundaries do not coincide with the location of streets or alleys, but do coincide with lot lines, such lot lines shall be construed to be the boundary of such district.

(3)

Where the district boundaries do not coincide with the location of streets, alleys or lot lines, the district boundary shall be determined by the use of the scale shown on the official zoning map.

(4)

When a lot held in one ownership on the effective date of the ordinance from which this article is derived is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district.

(Code 1973, ch. 29, § 3-203)

Sec. 54-46. - Zoning of streets, alleys, public ways, waterways and railroad rights-of-way.

All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, alleys, public ways, waterways and railroad rights-of-way. Where the centerline of the street, alley, public way, waterway or railroad rights-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(Code 1973, ch. 29, § 3-204)

Sec. 54-66. - Permitted uses.

No structure shall hereafter be built, moved or remodeled, and no structure or land shall hereafter be used, occupied or designed for use or occupancy except for a use that is permitted within the zoning district in which the structure or land is located.

(Code 1973, ch. 29, § 3-301)

Sec. 54-67. - Special uses.

No use of a structure or land that is designated as a special use in any zoning district shall hereafter be established, and no existing special use shall hereafter be changed to another special use, in such district unless a special use permit has been secured in accordance with the provisions of article IX of this chapter.

(Code 1973, ch. 29, § 3-302)

Sec. 54-68. - Lot size requirements.

(a)

No structure or part thereof shall hereafter be built, moved or remodeled, and no structure or land shall hereafter be used, occupied, arranged or designed for use or occupancy on a zoning lot which is:

(1)

Smaller in area than the minimum lot area or minimum lot area per dwelling unit required in the zoning district in which the structure or land is located;

(2)

Narrower than the minimum lot width required in the zoning district in which the structure or land is located; or

(3)

Shallower than the minimum lot depth required in the zoning district in which the structure or land is located.

(b)

No existing structure shall hereafter be rebuilt, remodeled or otherwise altered or modified so as to conflict or further conflict with the lot area per dwelling unit or lot size requirements as set forth in subsection (a) of this section, for the zoning district in which the structure is located.

(c)

When a minimum contiguous area is specified for a zoning district, then no property shall be classified or reclassified in any such zoning district unless, after such classification or reclassification, the property will, when considered alone or in conjunction with similarly classified property which it abuts, contain at least the minimum contiguous area specified for such zoning district.

(Code 1973, ch. 29, § 3-303)

Sec. 54-69. - Bulk regulations.

In this division, bulk regulations are expressed in terms of maximum structure height, maximum lot coverage, maximum floor area ratio, minimum building separation and minimum front, side, corner side, transition, rear, and double frontage rear yards. No structure or part thereof, shall hereafter be built, moved or remodeled, and no structure or land shall hereafter be used, occupied or designed for use or occupancy so as to:

(1)

Exceed the maximum lot coverage percentage, the maximum structure height or the maximum floor area ratio specified for the zoning district in which the structure is located; or

(2)

Provide any setback or front, side, transition or rear yard that is less than that specified for the zoning district in which such structure or use of land is located or maintained.

(Code 1973, ch. 29, § 3-304; Ord. No. 80-057, 10-7-1980)

Sec. 54-70. - Use limitations.

No permitted use hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with the use limitations for the zoning district in which such use is, or will be, located. No permitted use already established on the effective date of the ordinance from which this division is derived shall be altered, modified or enlarged so as to conflict with or further conflict with the use limitations for the zoning district in which such use is located.

(Code 1973, ch. 29, § 3-305)

Sec. 54-71. - Performance standards.

No permitted use hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with any performance standards imposed on such use by this division. No permitted use already established on the effective date of the ordinance from which this division is derived, or any amendment thereto shall be altered, modified or enlarged so as to conflict with, or further conflict with, the performance standards established for the zoning district in which such use is located.

(Code 1973, ch. 29, § 3-306)

Sec. 54-72. - Accessory structures or uses.

No accessory structure or use, as defined by section 54-2, shall hereafter be built, moved or remodeled, established, altered or enlarged unless such accessory structure or use is permitted by section 54-222.

(Code 1973, ch. 29, § 3-307)

Sec. 54-73. - Temporary structures and uses.

No temporary structure or use as listed by section 54-286 shall hereafter be built, established, moved or remodeled, altered or enlarged unless such temporary structure or use is permitted by section 54-286.

(Code 1973, ch. 29, § 3-308)

Sec. 54-74. - Home occupations.

No home occupation, as defined by section 54-2, shall hereafter be established, altered or enlarged in any residence district unless such home occupation complies with the use limitations imposed by section 54-307 and is listed as a permitted home occupation in section 54-308.

(Code 1973, ch. 29, § 3-309)

Sec. 54-75. - Off-street parking and loading.

No structure shall hereafter be built or moved and no structure or land shall hereafter be used, occupied or designed for use or occupancy unless the minimum off-street parking and off-street loading spaces required by article VII of this chapter are provided. No structure or use already established on the effective date of the ordinance from which this chapter is derived shall be enlarged unless the minimum off-street parking and loading spaces which would be required by article VII of this chapter for such enlargement are provided.

(Code 1973, ch. 29, § 3-310)

Sec. 54-76. - Garages required.

(a)

Every detached single-family dwelling unit shall include either an attached or detached garage located on the same lot or parcel. Each garage shall provide three vehicle stalls inside of a garage that are each not less than nine feet in width and 19 feet in length of clear space measured within the interior of the garage and shall contain not less than 530 square feet and no greater than 640 square feet as measured by the exterior dimensions of the garage; provided, however, that a garage constructed on a single-family lot recorded prior to May 18, 2004, shall provide two vehicle stalls inside of a garage that are each not less than nine feet in width and 19 feet in length of clear space measured within the interior of the garage, and shall contain not less than 425 square feet and no greater than 640 square feet, as measured by the exterior dimensions of the garage.

(b)

Every attached single-family dwelling unit and every multifamily dwelling unit shall include either an attached or detached garage located within 300 feet of the dwelling unit. Each garage shall provide two vehicle stalls inside of a garage that are each not less than nine feet in width and 19 feet in length of clear space measured within the interior of the garage, and shall contain not less than 425 square feet, as measured by the exterior dimensions of the garage.

(Code 1973, ch. 29, § 3-311; Ord. No. 09-059, 8-25-2009)

Sec. 54-77. - Driveways, service walks, patios and other dust-free surfaces.

Every dwelling unit requiring a garage shall provide a driveway constructed of concrete, asphalt, or paving bricks or blocks, in compliance with village requirements, having a minimum width of 18 feet within 19 feet of a garage door. All driveways, service walks, patios shall be dust free. No driveway shall exceed 24 feet in width along any property line that is adjacent to a public right-of-way, except that dwelling units which include an attached garage consisting of three or more vehicular parking stalls with direct access upon a driveway shall not exceed 28 feet in width along any property line that is adjacent to a public right-of-way. The maximum driveway width along a property line shall be maintained for a minimum of five feet perpendicular to the property line. Thereafter, the width of the driveway may be increased at an angle of no less than 45 degrees to a width not to exceed 50 percent of the lot width or 35 feet, whichever is less. Every dwelling shall be limited to one driveway approach which provides ingress and egress between the roadway and private property. Any other driveway located behind the front wall setback of the principal structure for vehicle parking or storage shall have a minimum width of ten feet. All driveways, service walks, patios and other dust free surfaces shall provide a minimum setback of three feet to a property or lot line and shall not be located on an easement, except front and corner side yard easements.

(Code 1973, ch. 29, § 3-312; Ord. No. 13-062, 9-24-2013)

Sec. 54-78. - Number of structures on zoning lot.

(a)

Not more than one principal residential building shall be located on a single zoning lot, nor shall a principal residential building be located on the same zoning lot with any other principal building, unless such principal residential building is located in a planned development that has been approved pursuant to the provisions of article X of this chapter.

(b)

In business and industrial districts, not more than one business or industrial building shall be located on a single zoning lot unless the buildings are located in a planned development that has been approved pursuant to the provisions of article X of this chapter or in the I-1 limited industrial district and are health care special uses (as defined in section 54-142(b)) for which a special use permit has been granted, in which case more than one building may be located on a single zoning lot.

(Code 1973, ch. 29, § 3-401; Ord. No. 05-002, 1-4-2005)

Sec. 54-79. - Platted building and setback lines.

If a recorded subdivision plat imposes a building or setback line for a lot which is less than the minimum yard required by the applicable section of this chapter, then, notwithstanding the recorded plat, the minimum yard shall be the same as required by the applicable section of this chapter.

(Code 1973, ch. 29, § 3-402; Ord. No. 76-109, 10-5-1976)

Sec. 54-80. - Yard requirements for open land.

If a zoning lot is, or will be, occupied by a permitted use without structures, then the minimum front, side or rear yards that would otherwise be required for such zoning lot shall be provided and maintained unless some other provision of this division requires or permits a different front, side or rear yard; provided, however, that front, side and rear yards shall not be required on zoning lots used for garden purposes without structures, or on zoning lots used for open, public recreation areas.

(Code 1973, ch. 29, § 3-403)

Sec. 54-81. - Restrictions on allocation and disposition of required yards or open space.

(a)

No part of the lot area, or of a yard, or other open space or off-street parking or loading space provided in connection with any structure or use in order to comply with this division shall, by reason of a change of ownership or otherwise, be included as a part of the minimum lot area or of a yard, other open space, or off-street parking or loading space required for any other structure or use, except as specifically permitted by this chapter.

(b)

The lot area and all yards and other open spaces provided in connection with any structure or use in order to comply with this division shall be located on the same lot as the structure or use.

(c)

No part of the lot area, or of a yard, other open space or off-street parking or loading space provided in connection with any structure or use (including, but not limited to, any structure or use existing on the effective date of the ordinance from which this division is derived or of any amendment thereto) shall be subsequently reduced below, or further reduced if already less than, the minimum requirements of this chapter for equivalent new construction.

(Code 1973, ch. 29, § 3-404)

Sec. 54-82. - Permitted obstructions in required yards.

The following shall not be considered to be obstructions when located in a required yard:

(1)

In all yards: awnings or canopies; steps four feet or less above grade which are necessary for access to a permitted structure, or access to a lot from a street or alley; bay windows and over-hanging eaves and gutters projecting 30 inches or less into the yard; chimneys projecting 30 inches or less into the yard; arbors and trellises; signs, when permitted by article VI of this chapter; flag poles; basketball backboards and hoops, provided that such backboards and hoops in front and corner side yards shall be set back a minimum of five feet from the right-of-way line.

(2)

In any yard, except a front yard: accessory uses permitted by article III of this chapter, recreational equipment, with the exception of basketball backboard and hoops which may be placed in any yard, as provided in subsection (1) of this section, laundry drying equipment, and air conditioning condensers.

(3)

Fences as permitted in article III, division 2 of this chapter.

(Code 1973, ch. 29, § 3-405; Ord. No. 91-052, 5-28-1991; Ord. No. 96-070, 6-25-1996)

Sec. 54-83. - Driveways for business and industrial districts.

Except as otherwise specifically approved by the mayor and board of trustees as part of any final plan or plat approval, planned development approval or special use approval, no land which is located in a residence district shall be used to provide a driveway for access purposes to any land which is located in any business or industrial district.

(Code 1973, ch. 29, § 3-406; Ord. No. 75-054, 5-7-1974)

Sec. 54-84. - Annexed land.

All land which may hereafter be annexed to the village shall automatically be classified in the E-R estate residence district.

(Code 1973, ch. 29, § 3-407; Ord. No. 95-030, 3-14-1995)

Sec. 54-85. - Lot size requirements and bulk regulations for public utility facilities.

Notwithstanding any other provisions of this division, none of the following public utility or public service uses shall be required to comply with the lot size requirements and bulk regulations of the zoning district in which they are located except that such public utility and public service uses located on or above the surface of the ground shall observe the applicable minimum front, side and rear yard requirements:

(1)

Electric and telephone substations and distribution equipment.

(2)

Gas regulator stations.

(3)

Poles, wires, cables, conduits, vaults, laterals, pipes, main valves or other similar equipment for distribution to consumers for transmission of electricity, gas or water.

(4)

Pumping stations.

(5)

Radio, television and microwave transmission or relay stations, towers and antennae.

(6)

Transformer stations.

(7)

Water standpipes.

In addition, where electrical, telephone, water and sewer or other utility services require structures or facilities other than buildings located on or above the surface of the ground on easements through or abutting any lot in a residence district, the structures or facilities shall be prohibited from any required yard adjacent to a public street or from any dedicated street right-of-way.

(Code 1973, ch. 29, § 3-408)

Sec. 54-86. - Sewer and water facilities.

All structures built hereafter shall be served by and connected to a public sanitary sewage disposal system and water distribution system; existing structures not connected to a public sanitary sewage disposal system and water distribution system may be enlarged, repaired or altered without connection to the system provided that the failure to connect the structure shall not create a hazard to the public health, safety, or welfare as provided in section 40-101.

(Code 1973, ch. 29, § 3-409; Ord. No. 75-009, 1-28-1975)

Sec. 54-116. - E-R estate residence district.

(a)

Permitted uses.

(1)

Single-family detached dwelling.

(2)

Convent, monastery and religious retreats.

(3)

Country club.

(4)

Golf course, except miniature courses, putting greens or practice driving tees operated for commercial purposes separate from a golf course.

(5)

Park, playground or community building owned or operated for recreational use by public agencies.

(6)

Public library.

(7)

Public open land, refuge or preserve.

(8)

Public school, elementary, high, junior college, college or university or private school having a curriculum substantially identical to that ordinarily given in a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.

(9)

Accessory uses, temporary uses, home occupations and signs as permitted by article VI of this chapter and off-street parking as permitted by article VII of this chapter and signs as permitted by the village sign regulations.

(10)

Private swimming pool, accessory to a residential use, provided that the pool shall not be located in a required front or side yard.

(11)

Agriculture (excluding the raising of any livestock).

(12)

Boardinghouses and lodginghouses.

(b)

Special uses. Subject to conditions and requirements of article IX of this chapter as follows:

(1)

Airport.

(2)

Cemetery.

(3)

Church or place of worship.

(4)

Hospital.

(5)

Kennel.

(6)

Museum.

(7)

Non-commercial recreation.

(8)

Nursery school.

(9)

Nursing home.

(10)

Planned development.

(11)

Police or fire station.

(12)

Post office, government office.

(13)

Public or private utility service and facility.

(14)

Stable.

(c)

Lot size requirements.

(1)

Every single-family detached dwelling shall be located on a lot having an area of not less than 40,000 square feet and a width at the established building line of not less than 150 feet.

(2)

All schools shall be located on a lot having an area of not less than ten acres with a minimum width of 300 feet at the established building line.

(3)

All recreational facilities shall be located on a lot having an area of not less than 60,000 square feet with a minimum width of 150 feet at the established building line; provided, however, that nothing in this subsection shall prohibit the use of any parcel of real property as a children's playground together with equipment customarily associated therewith.

(4)

All churches or places of worship shall be located on a lot having an area of not less than 80,000 square feet.

All other permitted uses shall be located on a lot having an area of not less than 100,000 square feet with a minimum width of 200 feet at the established building line.

(d)

Bulk regulations.

(1)

Maximum structure height: no building shall exceed two and one-half stories or 35 feet in height.

(2)

Maximum lot coverage:

a.

Single-family dwelling: 20 percent.

b.

All other permitted uses: 30 percent.

(3)

Yard requirements:

a.

Minimum front yards:

1.

Single-family dwelling: 35 feet.

2.

All other permitted uses: 50 feet.

b.

Minimum side yards:

1.

Single-family dwelling: 20 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 25 feet.

c.

Minimum corner side yard:

1.

Single-family dwelling: 35 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 35 feet.

d.

Minimum rear yard:

1.

Single-family dwelling: 45 feet.

2.

Schools as permitted in this district: 75 feet.

3.

All other permitted uses: 60 feet.

e.

Minimum rear yard, double frontage lots:

1.

Single-family dwelling: 65 feet.

(4)

Minimum open space requirement: A minimum area devoted to green open space and landscaping shall be equal to 50 percent of the gross area of the site.

(e)

Density. For plats of subdivision filed hereafter which contain ten or more acres, the density for single-family dwellings shall not exceed one dwelling unit per gross acre.

(f)

Dwelling standards.

(1)

Every one-story dwelling shall have a gross floor area at grade of not less than 1,400 square feet, measured from the outside of the exterior walls, including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used for living, eating or sleeping purposes.

(2)

Every dwelling other than a one-story or two-story dwelling shall have a first story floor area of not less than 1,200 square feet and a gross floor area of not less than 1,600 square feet measured from the outside of the exterior walls of the first story including utility rooms but excluding cellars, unfinished basements, open porches, breezeways, garages and spaces that are not used for living, eating or sleeping purposes.

(g)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be 20 acres.

(Code 1973, ch. 29, § 4-101; Ord. No. 74-133, 12-3-1974; Ord. No. 79-048, 8-14-1979; Ord. No. 86-067, 11-25-1986; Ord. No. 87-061, 8-11-1987; Ord. No. 97-040, 6-10-1997; Ord. No. 00-071, 4-25-2000; Ord. No. 03-111, 8-26-2003)

Sec. 54-117. - R-1 single-family residence district.

(a)

Permitted uses:

(1)

Single-family detached dwelling.

(2)

Convent, monastery and religious retreat.

(3)

Country club.

(4)

Golf course, except miniature courses, putting greens or practice driving tees operated for commercial purposes separate from a golf course.

(5)

Park, playground or community building owned or operated for recreational use by public agencies.

(6)

Public library.

(7)

Public open land, refuge or preserve.

(8)

Public school, elementary, high, junior college, college or university or private school having a curriculum substantially identical to that ordinarily given in a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.

(9)

Accessory uses, temporary uses, home occupations and signs as permitted by article VI of this chapter and off-street parking as permitted by article VII of this chapter and signs as permitted by the village sign regulations.

(10)

Private swimming pool, accessory to a residential use, provided that the pool shall not be located in a required front or side yard.

(11)

Agriculture (excluding the raising of any livestock).

(12)

Boardinghouse and lodginghouse.

(b)

Special uses. Subject to conditions and requirements of article IX of this chapter as follows:

(1)

Airport.

(2)

Church or place of worship.

(3)

Hospital.

(4)

Museum.

(5)

Non-commercial recreation.

(6)

Nursery school.

(7)

Nursing home.

(8)

Planned development.

(9)

Police or fire station.

(10)

Post office, government office.

(11)

Public or private utility service and facility.

(c)

Lot size requirements.

(1)

Every single-family detached dwelling shall be located on a lot having an area of not less than 20,000 square feet and a width at the established building line of not less than 100 feet.

(2)

The lot size requirements for all other permitted uses shall be the same as those in the E-R estate residence district.

(d)

Bulk regulations.

(1)

Maximum structure height: no building shall exceed two and one-half stories or 35 feet in height.

(2)

Maximum lot coverage:

a.

Single-family dwelling: 25 percent.

b.

All other permitted uses: 30 percent.

(3)

Yard requirements:

a.

Minimum front yards:

1.

Single-family dwelling: 35 feet.

2.

All other permitted uses: 50 feet.

b.

Minimum side yards:

1.

Single-family dwelling: 15 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 25 feet.

c.

Minimum corner side yard:

1.

Single-family dwelling: 35 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 35 feet.

d.

Minimum rear yard:

1.

Single-family dwelling: 40 feet.

2.

Schools as permitted in this district: 75 feet.

3.

All other permitted uses: 60 feet.

e.

Minimum rear yard, double frontage lots:

1.

Single-family dwelling: 60 feet.

f.

Minimum open space requirement:

1.

A minimum area devoted to green open space and landscaping shall be equal to 50 percent of the gross area of the site.

(e)

Density. For plats of subdivision filed hereafter which contain ten or more acres, the density for single-family dwellings shall not exceed 1.5 dwelling units per gross acre.

(f)

Dwelling standards. The dwelling standards shall be the same as required in the E-R estate residence district.

(g)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be 20 acres.

(Code 1973, ch. 29, § 4-102; Ord. No. 79-048, 8-14-1979; Ord. No. 94-059, 5-24-1994; Ord. No. 95-079, 5-9-1995; Ord. No. 00-071, 4-25-2000; Ord. No. 03-111, 8-26-2003)

Sec. 54-118. - R-2 single-family residence district.

(a)

Permitted uses.

(1)

Single-family detached dwelling.

(2)

Convent, monastery and religious retreat.

(3)

Country club.

(4)

Golf course, except miniature courses, putting greens or practice driving tees operated for commercial purposes separate from a golf course.

(5)

Park, playground or community building owned or operated for recreational use by public agencies.

(6)

Public library.

(7)

Public open land, refuge or preserve.

(8)

Public school, elementary, high, junior college, college or university or private school having a curriculum substantially identical to that ordinarily given in a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.

(9)

Accessory uses, temporary uses, home occupations and signs as permitted by article VI of this chapter and off-street parking as permitted by article VII of this chapter and signs as permitted by the village sign regulations.

(10)

Private swimming pool, accessory to a residential use, provided that the pool shall not be located in a required front or side yard.

(11)

Agriculture (excluding the raising of any livestock).

(b)

Special uses. Subject to conditions and requirements of article IX of this chapter as follows:

(1)

Cemetery.

(2)

Hospital.

(3)

Nursery school.

(4)

Planned development.

(5)

Police or fire station.

(6)

Museum.

(7)

Non-commercial recreation.

(8)

Public or private utility.

(9)

Nursing home.

(10)

Church or place of worship.

(11)

Post office or government office.

(c)

Lot size requirements.

(1)

Every single-family detached dwelling shall be located on a lot having an area of not less than 12,000 square feet and a width at the established building line of not less than 85 feet.

(2)

The lot size requirements for all other permitted uses shall be the same as those in the E-R estate residence district.

(d)

Bulk regulations.

(1)

Maximum structure height: no building shall exceed two and one-half stories or 35 feet in height.

(2)

Maximum lot coverage:

a.

Single-family dwellings: 30 percent.

b.

All other permitted uses: 30 percent.

(3)

Yard requirements:

a.

Minimum front yards:

1.

Single-family dwellings: 30 feet.

2.

All other permitted uses: 50 feet.

b.

Minimum side yards:

1.

Single-family dwellings: ten feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 25 feet.

c.

Minimum corner side yards:

1.

Single-family dwelling: 30 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 35 feet.

d.

Minimum rear yard:

1.

Single-family dwelling: 40 feet.

2.

Schools as permitted in this district: 75 feet.

3.

All other permitted uses: 60 feet.

e.

Minimum rear yard, double frontage lots:

1.

Single-family dwelling: 55 feet.

f.

Minimum open space requirement: A minimum area devoted to green open space and landscaping shall be equal to 50 percent of the gross area of the site.

(e)

Density. For plats of subdivision filed hereafter which contain ten or more acres, the density for single-family dwellings shall not exceed 2.5 dwelling units per gross acre.

(f)

Dwelling standards. The dwelling standards shall be the same as required in the E-R estate residence district.

(g)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be 20 acres.

(Code 1973, ch. 29, § 4-103; Ord. No. 79-048, 8-14-1979; Ord. No. 79-064, 10-2-1979; Ord. No. 94-059, 5-24-1994; Ord. No. 95-079, 5-9-1995; Ord. No. 00-071, 4-25-2000)

Sec. 54-119. - R-3 single-family residence district.

(a)

Permitted uses.

(1)

Single-family detached dwelling.

(2)

Convent, monastery and religious retreat.

(3)

Country club.

(4)

Golf course, except miniature courses, putting greens or practice driving tees operated for commercial purposes separate from a golf course.

(5)

Park, playground or community building owned or operated for recreational use by public agencies.

(6)

Public library.

(7)

Public open land, refuge or preserve.

(8)

Public school, elementary, high, junior college, college or university or private school having a curriculum substantially identical to that ordinarily given in a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.

(9)

Accessory uses, temporary uses, home occupations and signs as permitted by article VI of this chapter and off-street parking as permitted by article VII of this chapter and signs as permitted by the village sign regulations.

(10)

Private swimming pool, accessory to a residential use, provided that the pool shall not be located in a required front or side yard.

(11)

Agriculture (excluding the raising of any livestock).

(b)

Special uses. Subject to conditions and requirements of article IX of this chapter as follows:

(1)

Cemetery.

(2)

Hospital.

(3)

Nursery school.

(4)

Planned development.

(5)

Police or fire station.

(6)

Museum.

(7)

Commercial recreation.

(8)

Public or private utility.

(9)

Nursing home.

(10)

Church or place of worship.

(11)

Post office or government office.

(c)

Lot size requirements.

(1)

Every single-family detached dwelling shall be located on a lot having an area of not less than 9,250 square feet and shall have a width at the established building line of not less than 75 feet and in no case shall a lot be less than 120 feet in depth.

(2)

The lot size requirements for all other permitted uses shall be the same as those in the E-R estate residence district.

(d)

Bulk regulations.

(1)

Maximum structure height: no building shall exceed two and one-half stories or 35 feet in height.

(2)

Maximum lot coverage:

a.

Single-family dwelling: 35 percent.

b.

All other permitted uses: 30 percent.

(3)

Yard requirements:

a.

Minimum front yards:

1.

Single-family dwelling: 30 feet, provided that one-half the homes may be allowed 25-foot front yards and, further provided, that no two 25-foot front yards may be adjacent to each other. Applications for 25-foot setbacks must be accompanied by plats for the adjacent lots proving that the adjacent lots have the required 30 foot front yards.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 35 feet.

b.

Minimum side yards:

1.

Single-family dwelling: 8½ feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 25 feet.

c.

Minimum corner side yard:

1.

Single-family dwelling: 25 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 35 feet.

d.

Minimum rear yard:

1.

Single-family dwelling: 35 feet, except that, for a single-family dwelling on a lot recorded prior to September 9, 2003, the minimum setback shall be 30 feet.

2.

Schools as permitted in this district: 75 feet.

3.

All other permitted uses: 60 feet.

e.

Minimum rear yard, double frontage lots:

1.

Single-family dwelling: 50 feet.

f.

Minimum open space requirement: A minimum area devoted to green open space and landscaping shall be equal to 50 percent of the gross area of the site.

(e)

Density. For plats of subdivision filed hereafter which contain ten or more acres, the density for the single-family dwellings shall not exceed 3.0 dwelling units per gross acre.

(f)

Dwelling standards.

(1)

Every one-story dwelling shall have a gross floor area at grade of not less than 1,300 square feet, measured from the outside of the exterior walls, including utility rooms but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used for living, eating or sleeping purposes.

(2)

Every two-story dwelling shall have a first story floor area of not less than 900 square feet measured from the outside of the exterior walls of the first story including utility rooms but excluding cellars, unfinished basements, open porches, breezeways, garages and spaces that are not used for living, eating or sleeping purposes.

(3)

Every dwelling other than a one-story or a two-story dwelling shall have a first story floor area of not less than 1,100 square feet and a gross floor area of not less than 1,500 square feet measured from the outside of the exterior walls of the first story including utility rooms but excluding cellars, unfinished basements, open porches, breezeways, garages and spaces that are not used for living, eating or sleeping purposes.

(g)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be 20 acres.

(Code 1973, ch. 29, § 4-104; Ord. No. 79-048, 8-14-1979; Ord. No. 86-067, 11-25-1986; Ord. No. 93-042, 4-27-1993; Ord. No. 94-059, 5-24-1994; Ord. No. 95-079, 5-9-1995; Ord. No. 00-071, 4-25-2000; Ord. No. 03-117, 9-9-2003; Ord. No. 05-066, 6-14-2005)

Sec. 54-120. - R-4 single-family residence, attached, low density.

(a)

Permitted uses.

(1)

Single-family dwelling (attached, maximum two units per building).

(2)

Convent, monastery and religious retreat.

(3)

Country club.

(4)

Golf course, except miniature courses, putting greens or practice driving tees operated for commercial purposes separate from a golf course.

(5)

Park, playground or community building owned or operated for recreational use by public agencies.

(6)

Public library.

(7)

Public open land, refuge or preserve.

(8)

Public school, elementary, high, junior college, college or university or private school having a curriculum substantially identical to that ordinarily given in a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.

(9)

Accessory uses, temporary uses, home occupations and signs as permitted by article VI of this chapter and off-street parking as permitted by article VII of this chapter and signs as permitted by the village sign regulations.

(10)

Private swimming pool, accessory to a residential use, provided that the pool shall not be located in a required front or side yard.

(b)

Special uses. Subject to conditions and requirements of article IX of this chapter as follows:

(1)

Cemetery.

(2)

Hospital.

(3)

Nursery school.

(4)

Planned development.

(5)

Police or fire station.

(6)

Museum.

(7)

Non-commercial recreation.

(8)

Public or private utility.

(9)

Nursing home.

(10)

Church or place of worship.

(11)

Post office or government office.

(c)

Lot size requirements.

(1)

Attached dwelling:

a.

Minimum lot area: 12,000 square feet (6,000 per dwelling).

b.

Minimum lot width: 100 feet (50 feet per dwelling).

(2)

Other uses, same as E-R district

(d)

Bulk regulations.

(1)

Yard requirements:

a.

Minimum front yards:

1.

All residential: 30 feet.

2.

All other permitted uses: 50 feet.

b.

Minimum side yards:

1.

Single-family, attached: 12.5 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 25 feet.

c.

Minimum corner side yard:

1.

All residential: 30 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 35 feet.

d.

Minimum rear yard:

1.

All residential: 30 feet.

2.

Schools as permitted in this district: 75 feet.

3.

All other permitted uses: 60 feet.

e.

Minimum rear yard—double frontage lots:

1.

All residential: 50 feet.

(2)

Maximum lot coverage: Single-family attached: 40 percent.

(3)

Minimum open space requirement: A minimum area devoted to green open space and landscaping shall be equal to 50 percent of the gross area of the site.

(e)

Density.

(1)

Single-family attached, maximum 5.0 dwelling units/gross acre.

(f)

Dwelling standards. Minimum floor area per dwelling unit, measured from the outside of the exterior walls, excluding utility rooms, cellars, basements, open porches, breezeways, garages, and other spaces not used during extended periods for living, eating, or sleeping purposes.

(1)

Single-family attached:

a.

Three or more bedrooms, 1,300 square feet.

b.

Under three bedrooms, 1,100 square feet.

(g)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be ten acres.

(Code 1973, ch. 29, § 4-105; Ord. No. 79-048, 8-14-1979; Ord. No. 95-079, 5-9-1995; Ord. No. 00-071, 4-25-2000)

Sec. 54-121. - R-5 single-family residence, attached, high density.

(a)

Permitted uses.

(1)

Single-family dwelling (attached, maximum eight units per building).

(2)

Convent, monastery and religious retreat.

(3)

Country club.

(4)

Golf course, except miniature courses, putting greens or practice driving tees operated for commercial purposes separate from a golf course.

(5)

Park, playground or community building owned or operated for recreational use by public agencies.

(6)

Public library.

(7)

Public open land, refuge or preserve.

(8)

Public school, elementary, high, junior college, college or university or private school having a curriculum substantially identical to that ordinarily given in a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.

(9)

Accessory uses, temporary uses, home occupations and signs as permitted by article VI of this chapter and off-street parking as permitted by article VII of this chapter and signs as permitted by the village sign regulations.

(10)

Private swimming pool, accessory to a residential use, provided that the pool shall not be located in a required front or side yard.

(b)

Special uses. Subject to conditions and requirements of article IX of this chapter as follows:

(1)

Cemetery.

(2)

Hospital.

(3)

Nursery school.

(4)

Planned development.

(5)

Police or fire station.

(6)

Museum.

(7)

Non-commercial recreation.

(8)

Public or private utility.

(9)

Nursing home.

(10)

Church or place of worship.

(11)

Post office or government station office.

(c)

Lot size requirements.

(1)

All structures or buildings shall be located on a lot which provides a minimum area per dwelling unit of 2,500 square feet, provided, however, that in no event shall the minimum lot area be less than 10,000 square feet and the minimum width at the established building line be less than 90 feet.

(2)

The lot size requirements for all other permitted uses shall be the same as those in the E-R estate residence district.

(d)

Bulk regulations.

(1)

Residential uses:

a.

Minimum front yard: 30 feet.

b.

Minimum side yards:

1.

Interior: none.

2.

Corner: 30 feet.

c.

Minimum rear yard: 30 feet.

d.

Minimum rear yard, double frontage lots: 50 feet.

e.

Minimum building separations:

1.

Front to front, rear to rear, or front to rear: 60 feet.

2.

End to end: 30 feet.

3.

Front to end, rear to end: 30 feet.

4.

Corner to corner: 30 feet.

(2)

Schools as permitted in this district:

a.

Minimum front yard: 50 feet.

b.

Minimum side yards: 50 feet.

c.

Minimum rear yard: 75 feet.

(3)

All other permitted uses:

a.

Minimum front yard: 50 feet.

b.

Minimum side yards:

1.

Interior: 25 feet.

2.

Corner: 35 feet.

c.

Minimum rear yard: 60 feet.

(4)

Minimum open space requirement: A minimum area devoted to green open space and landscaping shall be equal to 50 percent of the gross area of the site.

(5)

Maximum floor area ratio: 0.7.

(e)

Density. Density shall be a maximum seven units/gross acre.

(f)

Dwelling standards.

(1)

Three or more bedrooms: 1,100 square feet.

(2)

Under three bedrooms: 950 square feet.

(g)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be ten acres.

(Code 1973, ch. 29, § 4-106; Ord. No. 79-048, 8-14-1979; Ord. No. 95-079, 5-9-1995; Ord. No. 00-071, 4-25-2000)

Sec. 54-122. - R-6 multiple-family residential, low density.

(a)

Permitted uses.

(1)

Multiple-family dwelling (maximum eight units per building).

(2)

Convent, monastery and religious retreat.

(3)

Country club.

(4)

Golf course, except miniature courses, putting greens or practice driving tees operated for commercial purposes separate from a golf course.

(5)

Park, playground or community building owned or operated for recreational use by public agencies.

(6)

Public library.

(7)

Public open land, refuge or preserve.

(8)

Public school, elementary, high, junior college, college or university or private school having a curriculum substantially identical to that ordinarily given in a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.

(9)

Accessory uses, temporary uses, home occupations and signs as permitted by article VI and off-street parking as permitted by article VII and signs as permitted by the village sign regulations.

(10)

Private swimming pool, accessory to a residential use, provided that the pool shall not be located in a required front or side yard.

(b)

Special uses. Subject to the requirements and conditions of article IX of this chapter as follows:

(1)

Cemetery.

(2)

Hospital.

(3)

Nursery school.

(4)

Planned development.

(5)

Police or fire station.

(6)

Museum.

(7)

Non-commercial recreation.

(8)

Public or private utility.

(9)

Nursing home.

(10)

Church of place of worship.

(11)

Post office or government office.

(c)

Lot size requirements.

(1)

All structures or buildings shall be located on a lot which provides a minimum area per dwelling unit of 2,500 square feet; provided, however, that in no event shall the minimum lot area be less than 10,000 square feet and the minimum width at the established building line be less than 90 feet.

(2)

The lot size requirements for all other permitted uses shall be the same as those in the E-R estate residence district.

(d)

Bulk regulations.

(1)

Yard requirements:

a.

Minimum front yards:

1.

Residential buildings: 30 feet; however, for buildings which exceed 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 40 feet be required.

2.

All other permitted uses: 50 feet.

b.

Minimum side yards:

1.

Multiple family dwelling: ten feet, except that for all structures in excess of two stories each side yard shall be increased two feet for each additional story.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 25 feet.

c.

Minimum corner side yard:

1.

Residential uses: 30 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 35 feet.

d.

Minimum rear yard:

1.

Multiple family dwelling: 25 feet; however, for buildings which exceed 25 feet in height, the minimum rear yard shall be increased by one foot for each two feet or fraction thereof by which the buildings height exceeds 25 feet, but in no case shall a rear yard of more than 35 feet be required.

2.

Schools as permitted in this district: 75 feet.

3.

All other permitted uses: 60 feet.

e.

Minimum rear yard, double frontage lots: Multiple-family dwelling: 40 feet.

f.

Minimum building separations:

1.

Front to front, rear to rear, front to rear: 50 feet.

2.

End to end: 30 feet.

3.

Front to end, rear to end: 30 feet.

4.

Corner to corner: 20 feet.

(2)

Maximum floor area ratio: 0.70.

(e)

Density. Density shall be a maximum of eight units per gross acre.

(f)

Dwelling standards.

(1)

Three-bedroom unit: 1,000 square feet.

(2)

Two-bedroom unit: 850 square feet.

(3)

One-bedroom unit: 700 square feet.

(g)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be ten acres.

(Code 1973, ch. 29, § 4-107; Ord. No. 79-048, 8-14-1979; Ord. No. 95-079, 5-9-1995)

Sec. 54-123. - R-7 multiple-family residential, high density.

(a)

Permitted uses.

(1)

Multiple-family dwelling.

(2)

Convent, monastery and religious retreat.

(3)

Country club.

(4)

Golf course, except miniature courses, putting greens or practice driving tees operated for commercial purposes separate from a golf course.

(5)

Park, playground or community building owned or operated for recreational use by public agencies.

(6)

Public library.

(7)

Public open land, refuge or preserve.

(8)

Public school, elementary, high, junior college, college or university or private school having a curriculum substantially identical to that ordinarily given in a public elementary or high school and having no rooms regularly used for housing or sleeping purposes.

(9)

Accessory uses, temporary uses, home occupations and signs as permitted by article VI of this chapter and off-street parking as permitted by article VII of this chapter and signs as permitted by the village sign regulations.

(10)

Private swimming pool, accessory to a residential use, provided that the pool shall not be located in a required front or side yard.

(b)

Special uses. Subject to the conditions and requirements of article IX of this chapter as follows:

(1)

Cemetery.

(2)

Hospital.

(3)

Nursery school.

(4)

Planned development.

(5)

Police or fire station.

(6)

Museum.

(7)

Non-commercial recreation.

(8)

Public or private utility.

(9)

Nursing home.

(10)

Church of place of worship.

(11)

Post office or government office.

(c)

Lot size requirements.

(1)

All structures or buildings shall be located on a lot which provides a minimum area per dwelling of 2,000 square feet; provided, however, that in no event shall the minimum lot area be less than 8,000 square feet and the minimum width at the established building line be less than 70 feet. Any room other than a kitchen, bath, dining or living room shall be considered as a bedroom for purposes of determining the requirements of this section for lot area per dwelling unit.

(2)

The lot size requirements for all other permitted uses shall be the same as those in the E-R estate residence district.

(d)

Bulk regulations.

(1)

Yard requirements:

a.

Minimum front yards:

1.

Residential buildings: 30 feet; however, for buildings which exceed 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 40 feet be required.

2.

All other permitted uses: 50 feet.

b.

Minimum side yards:

1.

Multiple family dwelling: ten feet except that for structures in excess of two stories each side yard shall increase two feet for each additional story.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 25 feet.

c.

Minimum corner side yard:

1.

Residential uses: 30 feet.

2.

Schools as permitted in this district: 50 feet.

3.

All other permitted uses: 35 feet.

d.

Minimum rear yard:

1.

Multiple family dwelling: 25 feet; however, for buildings which exceed 25 feet in height, the minimum rear yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a rear yard of more than 35 feet be required.

2.

Schools as permitted in this district: 75 feet.

3.

All other permitted uses: 60 feet.

e.

Minimum rear yard, double frontage lots: Multiple family dwelling: 40 feet.

f.

Minimum building separations: same as R-6 district.

(2)

Maximum floor area ratio: 1.0.

(e)

Density. Density shall be a maximum of 12 units per gross acre.

(f)

Dwelling standards. Dwelling standards are the same as R-6 district.

(g)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be ten acres.

(h)

Map amendments. No application to reclassify any territory to R-7 multiple family residential, high density shall be accepted after April 14, 1992.

(Code 1973, ch. 29, § 4-108; Ord. No. 79-048, 8-14-1979; Ord. No. 92-058, 6-9-1992; Ord. No. 95-079, 5-9-1995)

Sec. 54-124. - Summary of residential district regulations.

Below is a summary of the residential district regulations for the Village of Bolingbrook:

DensityArea (feet**)Width (feet)Front (feet)Rear (feet)Rear dbl. Front (feet)Side (feet)Abutting a streetLot coverageF.a.h.Height of structureDwelling standards (feet**)Gross density (d.u./acre)Contiguous area
E-r sfd 40,000 150 35 45 65 20 35 20 35/2.5 1-story: 1,400
Split level: 1,200 1 fl.,1,600 total
2-story: no standard
1.0 20
R-1 sfd 20,000 100 35 40 60 15 35 25 35/2.5 1-story: 1,400
Split level: 1,200 1 fl., 1,600 total
2-story: no standard
1.5 20
R-2 sfd 12,000 85 30 40 55 10 30 30 35/2.5 1, story: 1,400
Split level: 1,200 1 fl., 1,600 total
2, story: no standard
2.5 20
R-3 sfd 9,250 75 25/30 35 50 8.5 25 35 35/2.5 1-story: 1,300
Split level: 1,100 1 fl., 1,500 total
2, story: 900 1 fl. — total
3.0 20
R-4 sfa
2 units/bldg.
12,000
(6,000/du)
100
(50/du)
30 30 50 12.5 30 40 35/2.5 1,300, three bedroom/> three bedroom
1,100, < three bedroom
5.0 10
R-5 sfa
8u/bldg. max.
2,500/u
10,000 min.
90 30 30 50 30 0.07 1,100, three bedroom/> three bedroom
950, < three bedrooms
7.0 10
R-6 mf
8u/bldg. max.
10,000 min. 90 30*** 25* 40 10** 30 0.07 1,000, three bedroom
850, 2 bedroom
700, 1 bedroom
8.0 10
R-7 mf 2,000/u
8,000 min
70 30*** 25* 40 10** 30 1.0 1,000, three bedroom
850, 2 bedroom
700, 1 bedroom
12.0 10

 

* Rear yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, to a maximum of 35 feet.

** For all structures in excess of two stories, each side yard shall be increased two feet for each additional story.

*** Front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, to a maximum of 40 feet.

Note: R-3 area and rear figures changed by Ord. No. 03-117, 9-9-2003.

Building Separations

R-5 R-6 R-7
Front/front 60 50 50
Rear/rear 60 50 50
Front/rear 60 50 50
End/end 30 30 30
Front/end 30 30 30
Corner/corner 30 20 20

 

(Code 1973, ch. 29, § 4-109; Ord. No. 79-048, 8-14-1979; Ord. No. 03-117, 9-9-2003)

Sec. 54-132. - B-1 local retail district.

(a)

Permitted uses.

(1)

Apparel store.

(2)

Appliance repair and servicing.

(3)

Barber and beauty shops.

(4)

Book, stationery and newspaper store.

(5)

Catering services.

(6)

Cellular telephone, pager and beeper sales.

(7)

Churches and other places of religious worship.

(8)

Dressmaking and tailoring.

(9)

Pharmacy, when accessory to a department store or dry goods store, but not including medical marijuana dispensary.

(10)

Equipment rental establishment.

(11)

Florists sales.

(12)

Furniture repair, finishing shop.

(13)

Grocery stores, meat markets, bakeries, candy and ice cream shops, delicatessens, retail food lockers and frozen food stores, including locker rental in conjunction therewith.

(14)

Hardware store.

(15)

Library.

(16)

Locksmith.

(17)

Music, musical instrument and record/compact disc store.

(18)

Shoe and hat repair shop.

(19)

Accessory uses, temporary uses and signs as permitted by article VI of this chapter and off-street parking as permitted by article VII of this chapter and signs as permitted by the village sign regulations.

(b)

Special uses. Subject to conditions and requirements of article IX of this chapter, as follows:

(1)

Cleaning, pressing and dyeing, retail.

(2)

Day care center, nursery school.

(3)

Laundry, retail.

(4)

Liquor store, package goods only.

(5)

Museum and art gallery.

(6)

Non-commercial recreation.

(7)

Planned development.

(8)

Police and fire stations.

(9)

Post office or government offices.

(10)

Shopping center, as defined.

(11)

Summer theater.

(12)

Utility company.

(13)

Video sales or rentals.

(14)

Cannabis dispensaries.

(15)

Dance hall, discotheque, banquet hall, private club, tavern, cocktail lounge, nightclub, and any eating or drinking establishment that has been approved for live music or pre-recorded music such as a deejay or karaoke, or that has an approved occupancy limit of 25 persons or more.

(c)

Bulk regulations.

(1)

Maximum structure height: 40 feet.

(2)

Maximum lot coverage: 35 percent.

(3)

Yard requirements:

a.

Minimum front and corner side yard: 30 feet, for structures, parking areas and vehicular use areas except as provided in subsection (d) of this section.

b.

Minimum side yard: ten feet for structures, parking areas and vehicular use areas, except as provided in subsection (d) of this section.

c.

Minimum rear yard:

1.

Structures: 20 feet, except as provided in subsection (d) of this section.

2.

Parking areas and vehicular use areas: ten feet, except as provided in subsection (d) of this section.

d.

Transition yards:

1.

Where a side lot line coincides with a side or rear lot line of property in an adjacent residence district, a landscaped yard shall be provided along such side lot line. Such yard shall be equal in dimensions to the minimum rear yard which would be required under this division for a residential use on the adjacent property in the residence district.

2.

Where a rear lot line coincides with a side or rear lot line of property in an adjacent residence district, a landscaped yard shall be provided along such rear or side lot line. Such yard shall be equal in dimensions to the minimum rear yard which would be required under this division for a residential use on the adjacent property in the residence district.

3.

Where a rear or side lot line of any use permitted in this district lies across the street from the front yard of structures located in a residence district, then a landscaped yard shall be provided along such rear or side lot line that is not less than 30 feet in depth.

4.

Where the extension of a front or side lot line of any use permitted in this district coincides with the front lot line of an adjacent lot located in a residence district, a landscaped yard equal in depth to the minimum front yard required by this division on such adjacent lot in the residence district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residence district.

5.

Sight-proof screening shall be provided for all transition yards adjoining residence districts.

6.

See article VIII of this chapter for details on screening and landscaping requirements.

(d)

Conditions of use.

(1)

All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold in a retail manner on the premises where produced.

(2)

All business, servicing, storage and display of goods, including bedding plants and flowers in season, may be displayed outside the principal structure, provided that their location does not interfere with adequate and safe pedestrian and vehicular ingress and egress.

(3)

No business establishment shall offer goods or services directly to customers waiting in parked motor vehicles or sell beverages or food for consumption in motor vehicles parked on the premises.

(4)

There shall be no manufacture, processing or treatment of products other than what is clearly accessory or essential to the retail business conducted on the premises.

(5)

All uses shall comply with the performance standards for noise, odor, dust, smoke and vibration established in section 54-142 for the I-1 limited industrial district.

(6)

Landscaping shall be provided as required in article VIII of this chapter.

(e)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be two acres.

(f)

Minimum lot width. Each business and commercial structure shall be located on a lot that has a minimum width of 100 feet as measured at the front lot line.

(Code 1973, ch. 29, § 4-201; Ord. No. 75-65, 7-15-1975; Ord. No. 95-079, 5-9-1995; Ord. No. 10-012, 3-23-2010; Ord. No. 12-013, 2-28-2012; Ord. No. 14-028, 4-22-2014; Ord. No. 22-001, § 3, 1-11-2022; Ord. No. 22-003, § 3, 1-11-2022)

Sec. 54-133. - B-2 community retail district.

(a)

Permitted uses.

(1)

Apparel store.

(2)

Art and school supply store.

(3)

Bicycle sales.

(4)

Book, stationery and newspaper store.

(5)

Business and professional offices, not including currency exchanges, personal loan agency, deferred deposit lender and other financial institutions.

(6)

Camera shop.

(7)

Carpet, rug and linoleum store.

(8)

Catalog sales office for mail order store.

(9)

Cellular telephones, pagers and beepers sales.

(10)

Department store.

(11)

Pharmacy, when accessory to a department store or dry goods store, but not including medical marijuana dispensary.

(12)

Dry goods store, retail.

(13)

Electrical and household appliance stores, including radio and television sales.

(14)

Furniture store.

(15)

Furnace, water heater, electrical, plumbing, water softening equipment, sales.

(16)

Furrier shops, including the incidental storage and conditioning of furs.

(17)

Florists sales.

(18)

Garden store.

(19)

Grocery stores, meat markets, bakeries, candy and ice cream shops, delicatessens, retail food lockers and frozen food stores, including locker rental in conjunction therewith.

(20)

Gift shop.

(21)

Hardware store.

(22)

Hearing aids.

(23)

Hobby shop.

(24)

Home improvement centers.

(25)

Household furnishing shop.

(26)

Interior decorating retail shop.

(27)

Jewelry, including watch sales.

(28)

Junior department store or variety store.

(29)

Medical and dental clinics, not including medical marijuana dispensary center clinics.

(30)

Millinery sales.

(31)

Music, musical instrument and record/compact disc store.

(32)

Office equipment and supplies, retail.

(33)

Paint and wallpaper store.

(34)

Pet shop.

(35)

Photography studio.

(36)

Picture frame shop.

(37)

Restaurants, tearoom (sit-down).

(38)

Shoe store.

(39)

Sporting goods.

(40)

Toy store.

(41)

Accessory uses, temporary uses and signs as permitted by article VI of this chapter and the village sign regulations, off-street parking as permitted by article VII of this chapter.

(b)

Special uses.

(1)

Animal hospital.

(2)

Auction house.

(3)

Automobile parking garage or lot.

(4)

Auto parts and accessory store.

(5)

Auto service, rental, sales and supplies.

(6)

Barber and beauty shops, including nail and tanning salons.

(7)

Boat sales, rental, service and storage.

(8)

Car wash.

(9)

Cigar, cigarette, tobacco store, including other smoking materials, as defined, but excluding medical marijuana.

(10)

Cleaning, pressing and dyeing, retail.

(11)

Commercial recreation.

(12)

Dance hall, discotheque, banquet hall, private club, tavern, cocktail lounge, nightclub, and any eating or drinking establishment that has been approved for live music or pre-recorded music such as a deejay or karaoke, or that has an approved occupancy limit of 25 persons or more.

(13)

Drive-through and carry-out restaurant.

(14)

Drive-through window lane.

(15)

Game rooms and amusement centers; where the primary business relates to electronic or manual games, including, but not limited to, pinball machines, video games and the like, or where any business use has ten or more amusement machines or devices as ancillary activities to the principal business at the site.

(16)

Gas station, subject to the standards set forth in section 54-134(b)(16).

(17)

Gun sales, service and supply.

(18)

Laundry, retail.

(19)

Liquor store, package goods only.

(20)

Off-track betting establishment.

(21)

Outdoor sidewalk cafes and outdoor garden cafes conducted accessory to indoor establishments or as freestanding, independent entities.

(22)

Planned development.

(23)

Sale/rental of new and previously owned videos, video games, video systems, DVDs, and accessories.

(24)

Structures over 40 feet in height.

(25)

Summer theater.

(26)

Video sales or rentals.

(27)

Cannabis dispensaries.

(c)

Bulk regulations.

(1)

Maximum height: 40 feet, except that structures in excess of 40 feet may be permitted pursuant to a special use permit issued in accordance with article IX of this chapter.

(2)

Maximum lot coverage: 35 percent.

(3)

Yard requirements:

a.

Minimum front and corner side yard: 30 feet for structures, parking areas and vehicular use areas.

b.

Minimum side yard: ten feet for structures, parking areas and vehicular use area.

c.

Minimum rear yard:

1.

Structures: 20 feet.

2.

Parking areas and vehicular use areas: ten feet.

d.

Transition yards:

1.

Where a side lot line coincides with a side or rear lot line of property in an adjacent residence district, a landscaped yard shall be provided along such side lot line. Such yard shall be equal in dimensions to the minimum rear yard which would be required under this division for a residential use on the adjacent property in the residence district.

2.

Where a rear lot line coincides with a side or rear lot line of property in an adjacent residence district, a landscaped yard shall be provided along such rear or side lot line. Such yard shall be equal in dimensions to the minimum rear yard which would be required under this division for a residential use on the adjacent property in the residence district.

3.

Where a rear or side lot line of any use permitted in this district lies across the street from the front yard of structures located in a residence district, then a landscaped yard shall be provided along such rear or side lot line that is not less than 30 feet in depth.

4.

Where the extension of a front or side lot lie of any use permitted in this district coincides with the front lot line of an adjacent lot located in a residence district, a landscaped yard equal in depth to the minimum front yard required by this division on such adjacent lot in the residence district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residence district.

5.

Sight-proof screening shall be provided for all transition yards adjoining residence districts.

6.

See article VIII of this chapter for details on screening and landscaping requirements.

(d)

Conditions of use. The regulations governing conditions of use in the B-1 local retail district shall apply, except that, cafes accessory to an enclosed restaurant are permitted without being fenced. Garden stores are permitted, provided that they are completely fenced.

(e)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be five acres.

(f)

Minimum lot width. Each business and commercial structure shall be located on a lot that has a minimum width of 100 feet as measured at the front lot line.

(Code 1973, ch. 29, § 4-202; Ord. No. 75-065, 07-15-1975; Ord. No. 76-083, 7-27-1976; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 12-013, 2-28-2012; Ord. No. 13-001, 1-8-2013; Ord. No. 14-028, 4-22-2014; Ord. No. 20-001, 1-14-2020; Ord. No. 22-001, § 4, 1-11-2022; Ord. No. 22-003, § 4, 1-11-2022; Ord. No. 25-013, § 3, 4-23-2025)

Sec. 54-134. - B-3 highway commercial district.

(a)

Permitted uses.

(1)

Apparel store.

(2)

Art and school supply store.

(3)

Antique sales.

(3)

Bicycle sales.

(4)

Book, stationery and newspaper store.

(5)

Boat sales and storage.

(6)

Business and professional offices, not including currency exchanges, personal loan agency, deferred deposit lender and other financial institutions.

(7)

Camera shop.

(8)

Carpet, rug and linoleum store.

(9)

Cellular telephones, pagers and beepers sales.

(10)

Cigar, cigarette, tobacco store, including other smoking materials, as defined, but excluding medical marijuana.

(11)

Pharmacy, when accessory to a department store or dry goods store, but not including medical marijuana dispensary.

(12)

Department store.

(13)

Dry goods store, retail.

(14)

Electrical and household appliance stores, including radio and television sales.

(15)

Floor covering sales.

(16)

Florists sales.

(17)

Furniture store.

(18)

Furnace, water heater, electrical, plumbing, water softening equipment, sales.

(19)

Furrier shops, including the incidental storage and conditioning of furs.

(20)

Garden store, garden center, greenhouse, nursery sales.

(21)

Gift shop.

(22)

Grocery stores, meat markets, bakeries, candy and ice cream shops, delicatessens retail food lockers and frozen food stores, including locker rental in conjunction therewith.

(23)

Hardware stores.

(24)

Hearing aids.

(25)

Hobby shop.

(26)

Home improvement centers.

(27)

Household furnishing shop.

(28)

Interior decorating retail shop.

(29)

Jewelry, including watch sales.

(30)

Junior department store or variety store.

(31)

Medical and dental clinics, not including medical marijuana dispensary center clinics.

(32)

Millinery sales.

(33)

Music, musical instrument and record/compact disc store.

(34)

Office equipment and supplies, retail.

(35)

Paint and wallpaper store.

(36)

Pet shop.

(37)

Photography studio.

(38)

Picture frame shop.

(39)

Post office, governmental office.

(40)

Recreational vehicle sales, including rental, supplies, storage and service when conducted as part of the retail operations and secondary to the principal use.

(41)

Restaurants, tearoom (sit-down).

(42)

Shoe store.

(43)

Sporting goods.

(44)

Toy store.

(45)

Accessory uses, temporary uses and signs as permitted by article VI and the village sign regulations, off-street parking as permitted by article VII.

(b)

Special uses.

(1)

Airport.

(2)

Amphitheater, concert hall.

(3)

Auction house.

(4)

Auto parts and accessory store that include installation services for the products sold.

(5)

Automobile and motorcycle sales, rental, supplies and service.

(6)

Barber and beauty shops, including nail and tanning salons.

(7)

Car wash.

(8)

Cleaning, pressing and dyeing, retail.

(9)

Commercial recreation.

(10)

Currency exchange.

(11)

Crane and related parts, sales, service, storage and rental.

(12)

Dance hall, discotheque, banquet hall, private club, tavern, cocktail lounge, nightclub, and any eating or drinking establishment that has been approved for live music or pre-recorded music such as a deejay or karaoke, or that has an approved occupancy limit of 25 persons or more.

(13)

Deferred deposit lender and other financial institutions.

(14)

Drive-through window lane.

(15)

Equipment (heavy/construction related) sales, supplies, storage and service.

(16)

Game rooms and amusement centers where the primary business relates to electronic or manual games, including, but not limited to, pinball machines, video games and the like, or where any business use has ten or more amusement machines or devices as ancillary activities to the principal business at the site.

(17)

Gasoline service station, subject to the following standards:

a.

Design. Except where permitted in the B-3 highway commercial district, an automobile service station shall be designed and developed in conjunction, and compatible with, a larger development such as a shopping center, traveler complex, or auto service center. For all automobile service stations, the location and arrangement of buildings, parking lots, walks, lighting, and signs shall be adjusted to the surrounding land uses. Any part of an automobile service station not used for buildings, parking, or access ways shall be landscaped with grass, trees, or shrubs, including, but not limited to, the landscape requirements set forth in article VIII of this chapter.

b.

Lighting. All outside lighting shall be so arranged and shielded as to prevent glare or reflection, nuisance, inconvenience, or hazardous interference of any kind on adjoining streets or residential properties. Lights shall be low-level, indirect and diffused.

c.

Display of merchandise. All automotive merchandise, material or equipment except oil products, shall be displayed or stored within a building, provided that such merchandise, material or equipment may be displayed outside on portable units in good condition, limited to two per pump island, but not more than one tire display per pump island and not more than six units per lot. All such units shall be located in compliance with the setback requirements for pump islands as set forth in subsection (b)(16)d of this section.

d.

Setback line. Each lot shall have a minimum yard of 30 feet from all street lines abutting a right-of-way and ten feet from all other yards, except that pump islands located parallel to the street may be located within such yards, provided they are set back at least 25 feet.

e.

Screening and landscaping. They shall be provided as required in article VIII of this chapter.

f.

Signs. Each service station shall be allowed signage as specified in article VI of this chapter.

g.

Accessways. Each service station shall have not more than two accessways to any one street. Each accessway shall comply with the following requirements:

1.

No accessway shall be nearer than ten feet from an interior lot line nor nearer than 30 feet to the intersection of any two street right-of-way lines.

2.

Accessways shall be a minimum of 35 feet at its intersection with the curbline.

h.

Operations. Operations permitted outside an enclosed building shall be limited to:

1.

The retail sale of petroleum products.

2.

The supply of air and water.

3.

Installation of minor accessories, windshield blades and arms, gas caps, lamps, lamp globes and the performance of minor repair jobs.

4.

The rental of for-hire trucks.

(18)

Gun sales, supplies and service.

(19)

Laundry, retail.

(20)

Liquor store, package goods only.

(21)

Museum or art gallery.

(22)

Outdoor sidewalk cafes and outdoor garden cafes conducted accessory to indoor establishments or as freestanding, independent entities.

(23)

Planned development.

(24)

Restaurant carry-out, drive-in or drive-through.

(25)

Structures over 50 feet.

(26)

Tire retreading and storage.

(27)

Truck/truck tractor/trailer sales, rental, supplies and storage.

(28)

Vending machines.

(29)

Video sales or rentals.

(30)

Cannabis dispensaries.

(c)

Bulk regulations.

(1)

Maximum floor area ratio: 0.50.

(2)

Maximum lot coverage: 30 percent.

(3)

Yard requirements:

a.

Minimum front and corner side yard: 30 feet for structures, parking areas and vehicular use areas.

b.

Minimum side yard: ten feet for structures, parking areas and vehicular use areas.

c.

Minimum rear yard: ten feet for structures, parking areas and vehicular use areas.

d.

Transition yards:

1.

Where a side lot line coincides with a side or rear lot line of property in an adjacent residence district, a landscaped yard shall be provided along such side lot line. Such yard shall be equal in dimensions to the minimum rear yard which would be required under this division for a residential use on the adjacent property in the residence district.

2.

Where a rear lot line coincides with a side or rear lot line of property in an adjacent residence district, a landscaped yard shall be provided along such rear or side lot line. Such yard shall be equal in dimensions to the minimum rear yard which would be required under this division for a residential use on the adjacent property in the residence district.

3.

Where a rear or side lot line of any use permitted in this district lies across the street from the front yard of structures located in a residence district, then a landscaped yard shall be provided along such rear or side lot line that is not less than 30 feet in depth.

4.

Where the extension of a front or side lot line of any use permitted in this district coincides with the front lot line of an adjacent lot located in a residence district, a landscaped yard equal in depth to the minimum front yard required by this division on such adjacent lot in the residence district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residence district.

5.

Sight-proof screening shall be provided for all transition yards adjoining residence districts.

6.

See article VIII of this chapter for details on screening and landscaping requirements.

(4)

Maximum height: 50 feet, except that structures in excess of 50 feet may be permitted pursuant to a special use permit issued in accordance with article IX of this chapter.

(d)

Conditions of use.

(1)

The regulations governing conditions of use in the B-1 local retail district shall apply.

(2)

Drive-in establishments offering food or services directly to customers waiting in parked motor vehicles shall screen the space allocated for customer's motor vehicles, if such establishment abuts a residential district.

(3)

The outdoor storage of recreational vehicles shall be permitted.

(e)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be five acres.

(Code 1973, ch. 29, § 4-203; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 12-013, 2-28-2012; Ord. No. 14-028, 4-22-2014; Ord. No. 20-001, 1-14-2020; Ord. No. 22-001, § 5, 1-11-2022; Ord. No. 22-003, § 5, 1-11-2022; Ord. No. 25-013, § 4, 4-23-2025)

Sec. 54-135. - B-4 commercial urban redevelopment district.

(a)

Permitted uses.

(1)

Art gallery, art studio, sales.

(2)

Art and school supply store.

(3)

Apparel store.

(4)

Bank.

(5)

Bicycle sales.

(6)

Book, stationery and newspaper store.

(7)

Camera shop.

(8)

Carpet, rug and linoleum store.

(9)

Catalog sales office for mail order store.

(10)

Cellular telephones, pagers and beepers sales.

(11)

Cigar, cigarette, tobacco store, including other smoking materials, as defined, but excluding medical marijuana.

(12)

Commercial recreation.

(13)

Community center for public use.

(14)

Reserved.

(15)

Department store.

(16)

Dry goods store, retail.

(17)

Electrical and household appliance stores, including radio and television sales.

(18)

Pharmacy, when accessory to a department store or dry goods store, but not including medical marijuana dispensary.

(19)

Florists sales.

(20)

Floor covering sales.

(21)

Furniture store.

(22)

Furnace, water heater, electrical, plumbing, water softening equipment, sales.

(23)

Furrier shops, including the incidental storage and conditioning of fur.

(24)

Garden store, garden center, greenhouse, nursery sales.

(25)

Gift shop.

(26)

Grocery stores, meat markets, bakeries, candy and ice cream shops, delicatessens, retail food lockers and frozen food stores, including locker rental in conjunction therewith.

(27)

Hardware store.

(28)

Hearing aids.

(29)

Hobby shop.

(30)

Home improvement centers.

(31)

Household furnishing shop.

(32)

Interior decorating retail shop.

(33)

Jewelry, including watch sales.

(34)

Junior department store or variety store.

(35)

Millinery sales.

(36)

Music, musical instrument and record/compact disc store.

(37)

Office equipment and supplies, retail.

(38)

Paint and wallpaper store.

(39)

Pet shop.

(40)

Photography studio.

(41)

Picture frame shop.

(42)

Post office, governmental office.

(43)

Restaurants, and tearoom (sit-down).

(44)

Shoe store.

(45)

Sporting goods.

(46)

Tavern, night club, cocktail lounge.

(47)

Toy store.

(48)

Accessory uses, temporary uses and signs as permitted by article VI of this chapter and the village sign regulations, off-street parking as permitted by article VII of this chapter.

(b)

Special uses. Subject to the conditions and requirements of article IX of this chapter, as follows:

(1)

Amphitheater, concert hall.

(2)

Automobile parking garage or lot.

(3)

Automobile sales and ancillary service facilities.

(4)

Auto parts and accessory store that includes installation services for the products sold.

(5)

Convention hall, exposition center.

(6)

Cleaning, pressing and dyeing, retail.

(7)

Currency exchange.

(8)

Day care center, nursery school.

(9)

Deferred deposit lender and other financial institutions.

(10)

Drive-through window lane.

(11)

Game rooms, amusement centers; where the primary business relates to electronic or manual games, including, but not limited to, pinball machines, video games and the like, or where any business use has four or more amusement machines or devices.

(12)

Laundry, retail.

(13)

Liquor store, package goods only.

(14)

Medical clinic/hospital.

(15)

Museum or art gallery.

(16)

Motel/hotel.

(17)

Outdoor sidewalk cafes and outdoor garden cafes conducted accessory to indoor establishments or as freestanding, independent entities.

(18)

Planned development.

(19)

Police or fire station.

(20)

Public and private utility service and facilities, including, but not limited to, electric, telephone, radio, television and microwave transmissions, exchanges, substations, relay stations, towers, antennaes, and any other distribution equipment.

(21)

Restaurant: carry-out, drive-in or drive-through.

(22)

Sports stadium.

(23)

Structures greater than 70 feet in height.

(24)

Theater, enclosed.

(25)

Vending machines.

(26)

Cannabis dispensaries.

(27)

Dance hall, discotheque, banquet hall, private club, tavern, cocktail lounge, nightclub, and any eating or drinking establishment that has been approved for live music or pre-recorded music such as a deejay or karaoke, or that has an approved occupancy limit of 25 persons or more.

(c)

Bulk regulations.

(1)

Maximum floor area ratio: 0.50.

(2)

Maximum lot coverage: 30 percent.

(3)

Yard requirements:

a.

Minimum front yard: 30 feet.

b.

Minimum rear yard: ten feet for structures, parking areas and vehicular use areas.

c.

Minimum side yard: Ten feet for structures, parking areas and vehicular use areas.

(4)

Maximum height: 70 feet, except that structures in excess of 70 feet may be permitted pursuant to a special use permit issued in accordance with article IX of this chapter.

(5)

Minimum lot width: 100 feet.

(d)

Minimum contiguous area. For any land zoned in accordance with this section, the minimum contiguous area shall be 50 acres.

(e)

Conditions of use.

(1)

The regulations governing the conditions of use in the B-2 community retail district shall apply.

(2)

All exterior lighting, building and parking lot lights, and landscape lighting shall be directed away from adjacent highways, streets, and properties.

(Code 1973, ch. 29, § 4-204; Ord. No. 84-049, 10-9-1984; Ord. No. 95-079, 5-9-1995; Ord. No. 96-070, 6-25-1996; Ord. No. 12-013, 2-28-2012; Ord. No. 14-028, 4-22-2014; Ord. No. 22-001, § 6, 1-11-2022; Ord. No. 22-003, §§ 6, 7, 1-11-2022)

Sec. 54-142. - I-1 limited industrial district.

(a)

Permitted uses.

(1)

Any manufacturing or industrial use involving production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conforms to the performance standards set forth in section 54-144.

(2)

Wholesaling and warehousing, including local cartage and express facilities.

(3)

Public and community service uses as follows:

a.

Bus terminals, garages and lots.

b.

Parks and recreation areas.

(4)

Adult uses:

a.

Adult bookstores, provided that such uses shall not be allowed within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, public housing, residentially zoned or used property, or place of religious worship.

b.

Adult entertainment cabarets, provided that such uses shall not be allowed within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, public housing, residentially zoned or used property, or place of religious worship.

c.

Adult mini-motion picture theaters, provided that such uses shall not be allowed within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, public housing, residentially zoned or used property, or place of religious worship.

d.

Adult motion picture theaters, provided that such uses shall not be allowed within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, public housing, residentially zoned or used property, or place of religious worship.

(5)

Massage establishments.

(6)

Tattoo and body piercing establishments, provided that such uses shall not be allowed within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, public housing, residentially zoned or used property, or place or religious worship.

(7)

Crane and related parts, sales, service, storage and rental.

(8)

Pawnbroker or pawnshop.

(9)

Precious metal dealers.

(10)

Secondhand stores.

(b)

Special use. Subject to conditions and requirements of article IX as follows:

(1)

Airport.

(2)

Amphitheater.

(3)

Flea market.

(4)

Freestanding office buildings.

(5)

Health care special uses: health care uses, including, but not limited to, the following:

a.

Assisted living facility.

b.

Cancer diagnostic/treatment facility.

c.

Clinic or medical center.

d.

Community or recreation center.

e.

Congregate housing.

f.

Continuing care retirement community.

g.

Day care center, child or adult.

h.

Education facilities.

i.

Group home.

j.

Helipad or heliport.

k.

Hospice.

l.

Hospital, general.

m.

Hospital, specialized.

n.

Immediate or long-term care facility.

o.

Independent living facility.

p.

Laboratory, medical.

q.

Medical imaging facility.

r.

Memory loss facility.

s.

Mental health center (set back a minimum of 200 feet from any residential zoning district).

t.

Nursing home.

u.

Offices, corporate health care.

v.

Offices, medical support services.

w.

Offices, medical, dental, or optometry.

x.

Offices, non-profit foundations.

y.

Optical goods shop.

z.

Outpatient diagnostic or surgical facility.

aa.

Park or conservation area.

bb.

Philanthropic or charitable institution.

cc.

Physical therapy facility.

dd.

Psychiatric, alcohol or narcotic treatment center (not to exceed 100 beds and set back a minimum of 200 feet from any residential zoning district).

ee.

Religious institution.

ff.

Retirement home.

gg.

Skilled care facility (not to exceed 100 beds).

hh.

Sports medicine facility.

ii.

Other related uses.

(6)

Museum.

(7)

Non-commercial recreation.

(8)

Outdoor storage of cargo containers.

(9)

Planned development.

(10)

Police or fire station.

(11)

Post office or government office.

(12)

Public or private utility service and facilities, including, but not limited to, electric, telephone, radio, television and microwave transmissions, exchanges, substations, relay stations, towers, antennaes, and any other distribution equipment.

(13)

Water filtration plant.

(14)

Water pumping stations.

(15)

Water reservoirs.

(16)

Cannabis dispensaries.

(17)

Cannabis cultivators.

(18)

Cannabis craft growers.

(19)

Cannabis infusers.

(20)

Cannabis transporters.

(21)

Motor freight terminals.

(c)

Accessory uses.

(1)

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

(2)

Health care permitted accessory uses: uses or structures to any health care special use in section 54-142(b)(5) for which a special use permit is granted hereunder shall be permitted, including, but not limited to, the following:

a.

Automated teller machine (walk-up only).

b.

Bus stop.

c.

Cafeteria.

d.

Flower shop.

e.

Gift shop.

f.

Healthcare accessories shop.

g.

Newspaper, book, magazine or sundries shop.

h.

Parking structures (set back a minimum of 200 feet from any residential zoning district).

i.

Pedestrian walkways and bridges (enclosed and unenclosed) between buildings or parking structures (aboveground and underground).

j.

Pharmacy, not including medical marijuana dispensary.

k.

Utility connections between buildings or parking structures (aboveground and underground).

l.

Other related uses.

(3)

Off-street parking and loading, as permitted or required in article VII of this chapter.

(d)

Conditions of use.

(1)

All business, production, servicing and processing shall take place within completely enclosed buildings, unless otherwise specified.

(2)

Open storage: within 150 feet of a residential district, all storage shall be in completely enclosed buildings or structures. Storage located elsewhere in this district may be opened to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least eight feet high, but in no case lower in height than the materials to be stored. If stored materials are in excess of eight feet in height, then landscape screening shall be provided, in addition to the fence or wall, along the outside perimeter of the fence or wall; equal to or exceeding one-half the height of the fence and materials to be stored. Open off-street loading facilities and off-street parking of motor vehicles weighing less than four tons (empty weight) may be unenclosed throughout the district except for such screening of parking and loading facilities as may be required by article VII of this chapter.

(3)

Landscaping shall be provided as required in article VIII of this chapter.

(4)

Off-street parking and loading: off-street parking and loading spaces may be located in required side or rear yards. However, no driveways, parking, loading or other vehicular use area shall be located in any required transition yard. No off-street parking or loading spaces may be located in a required front yard or a required corner side yard.

(5)

Underground utility systems: all utility lines, including power and telephone lines, shall be located underground.

(6)

Lighting: all exterior lighting, building and parking lot lights and landscape lighting shall be directed away from adjacent highways, streets and properties. The developer shall submit a lighting plan which shall be reviewed by the village engineer.

(7)

Ingress and egress: all streets which provide access to and from the district shall intersect a major secondary street, as defined and designated on the comprehensive plan, or intersect a street within an industrial district.

(8)

Maximum impervious coverage: the maximum amount of impervious coverage including building coverage, parking areas, loading areas and access drives, shall not exceed 80 percent of the gross area of any industrial site.

(e)

Bulk requirements.

(1)

Maximum building height: no structure or portion thereof, excluding a mechanical penthouse structure, shall exceed a height of 42 feet. However, taller structures may be permitted as a special use in accordance with section 54-608. Exception: A portion of a building or space that is designated for special industrial processes shall be allowed to exceed the maximum height restriction of 42 feet, provided that the portion of the building or space meets the requirements of the village building codes and fire codes, does not exceed 60 feet in height and meets any or the following criteria:

a.

The portion of the building or space is used for testing of electrical equipment.

b.

The portion of the building or space is used for the production of electricity, gas or steam power.

c.

The portion of the building or space is required to have an unusual height for craneways.

d.

The portion of the building or space is required to have an unusual height for the fabrication of structural metal.

e.

The portion of the building or space is required to have an unusual height for the use of laboratory testing.

(2)

Minimum lot area: 20,000 square feet.

(3)

Minimum contiguous area: ten acres.

(4)

Minimum lot frontage: 100 feet on interior roads; 125 feet on exterior roads which service adjacent non-industrial uses.

(5)

Yard requirements:

a.

Minimum front and corner side yard:

1.

Structures: 1.5 times the building height with a minimum setback of 35 feet.

2.

Parking areas and vehicular use areas: 35 feet.

b.

Minimum rear yard:

1.

Structures: 25 feet.

2.

Parking areas and vehicular use areas: ten feet.

c.

Minimum side yard: one side not less than ten feet and the other side not less than 25 feet for structures and not less than ten feet for parking areas and vehicular use areas.

d.

Transition yard: yards adjacent to residential district shall not be less than 50 feet and shall be increased by one foot for each two feet or fraction thereof by which the building exceeds 35 feet in height.

(6)

Minimum open space requirements: a minimum area to be devoted to green open space and landscaping shall be equal to 20 percent of the gross area of the site.

(7)

Health care bulk requirements: the following bulk requirements shall govern any health care special uses for which a special use permit is granted hereunder:

a.

Maximum building height: no structure or portion thereof, excluding a mechanical penthouse structure, shall exceed a height equal to the greater of six stories or 110 feet.

b.

Yard requirements:

1.

Minimum front and corner side yard:

(i)

Structures: 50 feet.

(ii)

Parking areas and vehicular use areas: 35 feet.

2.

Minimum rear yard:

(i)

Structures: 50 feet.

(ii)

Parking areas and vehicular use areas: 35 feet.

3.

Minimum side yard:

(i)

Structures: 35 feet.

(ii)

Parking areas and vehicular use areas: 35 feet.

4.

Minimum transition yard (adjacent to a residential district):

(i)

Structures: 100 feet.

(ii)

Parking areas and vehicular use areas: 50 feet.

c.

Minimum open space requirements: a minimum area to be devoted to green open space and landscaping shall be equal to 20 percent of the gross area of the site.

d.

Multiple uses and buildings on a single lot. More than one principal use and one principal building may be located on a single lot or area zoned under this district. There shall be a minimum distance of 30 feet between buildings located on the same lot or area zoned under this district.

e.

Maximum floor area ratio: 0.50 calculated for the entire area under common ownership or control at the time of classification under this district.

(Code 1973, ch. 29, § 4-301; Ord. No. 05-035, 4-12-2005; Ord. No. 10-065, 9-28-2010; Ord. No. 11-001, 1-11-2011; Ord. No. 14-028, 4-22-2014; Ord. No. 22-001, § 7, 1-11-2022; Ord. No. 22-063, §§ 4, 5, 10-25-2022)

Sec. 54-143. - I-2 general industrial district.

(a)

Permitted uses.

(1)

Any manufacturing or industrial use involving production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conforms to the performance standards set forth in section 54-144.

(2)

Wholesaling and warehousing, including local cartage and express facilities.

(3)

Public and community service uses as follows:

a.

Bus terminals, garages and lots.

b.

Parks and recreation areas.

(4)

Adult uses:

a.

Adult bookstores.

b.

Adult entertainment cabarets.

c.

Adult mini-motion picture theaters.

d.

Adult motion picture theaters, provided that such uses shall not be allowed within 1,000 feet of the property boundaries of any school, day care center, cemetery, public park, public housing or place of religious worship.

(5)

Massage establishments.

(6)

Tattoo and body piercing establishments.

(7)

Crane and related parts, sales, service, storage and rental.

(8)

Pawnbroker or pawnshop.

(9)

Precious metal dealers.

(10)

Secondhand stores.

(b)

Special uses. Subject to conditions and requirements of article IX of this chapter as follows:

(1)

Airport.

(2)

Amphitheater.

(3)

Flea market.

(4)

Museum.

(5)

Noncommercial recreation.

(6)

Outdoor storage of cargo containers.

(7)

Planned development.

(8)

Police or fire station.

(9)

Post office or government office.

(10)

Public or private utility service and facilities, including, but not limited to, electric, telephone, radio, television and microwave transmissions, exchanges, substations, relay stations, towers, antennaes, and any other distribution equipment.

(11)

Water filtration plant.

(12)

Water pumping stations.

(13)

Water reservoirs.

(14)

Mining or the extraction of minerals, sand, gravel, topsoil, or other aggregates, including equipment, buildings or structures for screening, crushing, mixing, washing, or storage, provided that:

a.

No open pit or shaft is less than 200 feet from any public road or 50 feet from any side and rear property line.

b.

All buildings or structures are located not less than 200 feet from any property line.

c.

The borders of the property fenced with a fence or wall at least six-feet in height shall have a six-foot-high earthen berm and a six-foot-high chain link fence either in front of or behind the berm.

d.

A plan of development of the reclamation of the land shall be provided as part of the application for special use.

e.

The use of blasting or other uses of explosives is permitted, provided such use conforms to the following standards:

1.

The use, handling, and detonation of explosives, sometimes referred to as blasting in connection with the quarrying operations, is under the direct supervision of persons having the requisite experience and knowledge to conduct such operations with safety. If such persons are hereafter required to be licensed by any federal agency or by the state or County of Will, such persons shall meet the licensing requirements and obtain such license.

2.

The storage of explosives shall be in accordance with all applicable federal and state laws and regulations, and storage shall be in magazines, buildings, or structures which shall meet the safety requirements of such laws and regulations.

3.

Blasting procedures shall be in accordance with modern techniques, generally accepted in the quarrying industry, whereby a shot consists of a series of drill holes containing quantities of explosives fired or detonated in sequence of multiple delays at intervals of milliseconds, so as to counteract and reduce the ground motion or earthborn vibrations from each successive detonation sometimes referred to as "short-period delay blasting." Blasting procedures shall be designed, on the basis of maximum charge per delay (that is, quantity of explosives in pounds per detonation) and distances in feet, so that the maximum ground vibration intensity shall not exceed 0.5 inches per second of ground particle velocity resulting from any shot or blast measured by any one of the three mutually perpendicular planes of ground motion as recorded at the nearest existing building.

4.

Blasting procedures shall be subject to and comply with the applicable lawful requirements of the state pollution control board, this state department of mines and minerals, mine enforcement and safety administration (MESA) of the United States Department of the Interior, and any governmental agency having jurisdiction thereof.

5.

Blasting procedures shall be in conformity with approved safety regulations, customs, and practices generally accepted in the quarrying industry, and the safety regulations of governmental agencies having jurisdiction thereof.

6.

Compliance with the provisions of these regulations governing blasting procedures and quarrying operations shall be subject to review and inspection from time to time by authorized officials, upon reasonable prior notice and during reasonable business hours.

7.

The actual detonation of any blast will be restricted to the local time period between 1:00 p.m. and 4:30 p.m. Monday through Friday of each week. No blasting shall take place on Saturday or Sunday or on the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

(15)

Concrete ready-mix plants.

(16)

Asphaltic concrete plants.

(17)

Motor freight terminals.

(18)

Truck parking facilities.

(c)

Accessory uses.

(1)

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

(2)

Off-street parking and loading, as permitted or required in article VII of this section.

(d)

Conditions of use.

(1)

All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in section 54-144.

(2)

Open storage: within 200 feet of a residential district, all storage shall be in completely enclosed buildings or structures. Storage located elsewhere in this district may be opened to the sky but shall be screened. Open off-street loading facilities and off-street parking of motor vehicles less than four tons (empty weight) may be unenclosed throughout the district.

(3)

Off-street parking and loading: off-street parking and loading spaces may be located in required side or rear yards. However, no driveways, parking, loading or other vehicular use area shall be located in a required transition yard. No off-street parking or loading spaces may be located in a required front yard or a required corner side yard.

(4)

Landscaping shall be provided as required in article VIII of this chapter.

(5)

Underground utility systems: all utility lines including electric power and telephone lines, shall be located underground.

(6)

Lighting: all exterior lighting, building and parking lot lights and landscape lighting shall be directed away from adjacent highways, streets and properties. The developer shall submit a lighting plan which shall be reviewed by the village engineer.

(7)

Ingress and egress: all streets which provide access to and from the district shall intersect a major secondary street as defined and designated on the comprehensive plan or intersect a street within an industrial district.

(8)

Maximum impervious coverage: the maximum amount of impervious coverage including building coverage, parking areas, loading areas and access drives, shall not exceed 80 percent of the gross area of any industrial site.

(e)

Bulk requirements.

(1)

Maximum building height: no structure or portion thereof, excluding a mechanical penthouse structure, shall exceed a height of 42 feet. However, taller structures may be permitted as a special use in accordance with section 54-608.

(2)

Minimum lot area: One acre.

(3)

Minimum contiguous area: 20 acres.

(4)

Minimum lot frontage: 100 feet on interior roads; 125 feet on exterior roads which service adjacent non-industrial uses.

(5)

Yard requirements:

a.

Minimum front and corner side yard:

1.

Structures: 1.5 times the building height with a minimum setback of 35 feet.

2.

Parking areas and vehicular use areas: 35 feet.

b.

Minimum rear yard:

1.

Structures: 25 feet.

2.

Parking areas and vehicular use areas: ten feet.

c.

Minimum side yard: one side not less than ten feet and the other side not less than 25 feet for structures and not less than ten feet for parking areas and vehicular use areas.

d.

Transition yard: yards adjacent to residential district shall not be less than 50 feet and shall be increased by one foot for each two feet or fraction thereof by which the building exceeds 35 feet in height.

e.

Minimum open space requirement: a minimum area to be devoted to green open space and landscaping shall be equal to 20 percent of the gross area of the site.

(f)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be 20 acres.

(Code 1973, ch. 29, § 4-302; Ord. No. 10-065, 9-28-2010; Ord. No. 22-063, §§ 6, 7, 10-25-2022)

Sec. 54-144. - Performance standards.

Any use established on an industrially zoned property after the effective date of the ordinance from which this section is derived or any use established on an industrially used property after August 31, 2013 shall be so operated as to comply with the performance standards set forth hereinafter for the district in which such use shall be located. No use lawfully established on the effective date of the ordinance from which this comprehensive amendment is derived shall be so altered or modified as to conflict with, or further conflict with, the performance standards established for the district in which such use is located.

(1)

Noise. Noise shall be measured at any adjacent lot line or district boundary, as indicated in table 54-144-1. At the specified points of measurement, the sound pressure level of any activity or operation (except those not under the direct control of the industrial use, such as transportation facilities) shall not exceed the values tabulated in tables 54-144-1, 54-144-2, 54-144-3 and 54-144-4 between the hours of 7:00 a.m. and 7:00 p.m. The instruments used for these measurements shall conform to all current American National Standards Institute specifications. Impact noises are those that peak values of which are more than three dB higher on the fact response than the R.M.S. Values indicated on the sound level meter. Between the hours of 7:00 p.m. and 7:00 a.m. The permissible sound levels across residential district boundaries shall be reduced by five dB in each octave band, or in the overall band for impact noises.

Table 54-144-1. Maximum Permitted Sound Levels, Preferred Frequency Octave Bands, Decibels

Preferred center freq., cycles/sec.AB
31.5 83 86
63 71 75
125 59 64
250 52 57
500 47 53
1,000 44 49
2,000 40 46
4,000 37 44
8,000 35 41

 

Measurement of the sound levels may also be made using an a-weighted scale sound level meter. The levels in table 54-144-1 shall be considered to have been met if the a-weighted levels are not greater than the following:

Table 54-144-2. Maximum Permitted Sound Levels dB(a), for Screening Purposes

Required LevelSound Level, dB(a)
A 50
B 55

 

Table 54-144-3. Reference

Manufacturing
district
Adjacent lot lineCommercial district boundaryResidential district boundary
I-1 A A A
I-2 B B A

 

Between the hours of 7:00 p.m. and 7:00 a.m. The permissible sound levels across residential district boundaries shall be reduced by five dB in each octave band, or in the overall band for impact noises.

(2)

Vibration. Vibration shall be measured at any adjacent lot line or district boundary as indicated in table 54-144-4. At the specific points of measurements, the vibration shall not exceed the limits listed in table 54-144-5. The instrument used for these measurements shall be a three-component recording system.

Table 54-144-4

Manufacturing
district
Adjacent Lot LineCommercial district boundaryResidential district boundary
I-1 A A A
I-2 B B A

 

a.

Particle velocity, as specified in 54-144-5 of this section may be measured directly, or if computed on the basis of displacement and frequency, measurements shall be computed from the formula 6.28 FD, where F is the frequency of the vibration in cycles per second and D is the single amplitude displacement of the vibration in inches. The maximum permissible particle velocity of the ground vibration specified shall be:

Table 54-144-5. Particle velocity

Applicable limitSteady state inches/secondImpact inches/second
A and B 0.02 0.04

 

b.

The maximum particle velocity shall be the vector sum of three simultaneous mutually perpendicular components recorded. For the purpose of this chapter, steady state vibrations are vibrations which are continuous, or vibrations in discreet impulses more frequent than 100 per minute. Discreet impulses which do not exceed 100 per minute shall be considered impact vibrations.

(3)

Smoke. For the purpose of grading the density or equivalent capacity of smoke, the Ringlemann chart described in the U.S. Bureau of mines information circular 8333 shall be employed. The emission of smoke or particulate matter of a density or equivalent greater than No. 2 on the Ringlemann chart is prohibited except as otherwise provided hereinafter. Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, roads and the like within lot boundaries shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, wetting, or other acceptable means. The open burning of refuse, paint, oil, debris and any other combustible material is prohibited in all industrial districts. Particulate matter loadings in pounds per acre described below shall be determined by selecting a continuous four-hour period which will result in the highest average emission rate.

a.

I-1 industrial district.

1.

The emission of smoke having a density or equivalent opacity in excess of Ringlemann No. 0 is prohibited. However, for two minutes in any four-hour period, smoke up to and including Ringlemann No. 2 shall be permitted.

2.

The rate of emission of particulate matter from all vents and stacks within the boundaries of any lot shall not exceed 0.2 pounds per acre of lot area per hour.

b.

I-2 industrial district.

1.

The emission of smoke having a density or equivalent opacity in excess of Ringlemann No. 0 is prohibited. However, for two minutes in any 60-minute period, smoke up to and including Ringlemann No. 2 shall be permitted.

2.

The rate of emission of particulate matter from all stacks and vents within the boundaries of any lot shall not exceed one pound per acre of lot area per hour.

(4)

Odor. The release of materials capable of becoming odorous either by bacterial decomposition or chemical reaction shall meet the standards of the district in which the odor is created. Odor thresholds shall be determined in accordance with ASTM D 1391-57, "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)" or its equivalent.

a.

In the I-1 district, odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the lot line, measured either at ground level or habitable elevation.

b.

In the I-2 district, odorous materials released from any operation or activity shall not exceed the odor threshold concentration beyond the district boundary line, measured either at ground level or habitable elevation.

(5)

Toxic matter. The measurement of toxic matter shall be at ground level or habitable elevation and shall be the average of any 24-hour sampling period. The release of any airborne toxic matter shall not exceed the fractional quantities permitted of those toxic materials currently listed in threshold limit values adopted by the American Conference of Governmental Industrial Hygienists. If a toxic substance is not contained in this listing, the applicant shall satisfy the village that the proposed levels will be safe to the general population.

a.

In the I-1 district, the release of airborne toxic matter shall not exceed 2.5 percent of the threshold limit value across lot lines.

b.

In the I-2 district, the release of airborne toxic matter shall not exceed 2.5 percent of the threshold limit value across district boundary lines.

(6)

Fire and explosive hazards.

a.

Detonable materials. Activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be in accordance with the regulations of each manufacturing district. Such materials shall include, but are not limited to: boron hydrides, hydrazine and its derivatives; unstable oxidizing agents such as perchloric acid perchlorates and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products, reactor elements such as uranium 235 and plutonium 239.

b.

In any industrial district, the storage, utilization or manufacture of materials or products which decompose by detonation is limited to five pounds per user.

c.

All storage, utilization or manufacture or material or products which decompose by detonation shall be subject to the requirements of the village fire department as based on the National Fire Protection Association Code.

(7)

Fire hazard solids.

a.

In the I-1 district, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having resistive construction of no less than two hours and protected with an automatic fire extinguishing system. Outdoor storage of such materials shall be no closer than 40 feet from lot lines.

b.

In the I-2 district, the storage, utilization or manufacture of solid materials which are active to intense burning shall be conducted within spaces having fire resistive construction of no less than two hours and protected with an automatic fire extinguishing system. Outdoor storage of such materials shall be no closer than 40 feet from lot lines.

(8)

Fire hazard liquids and gases. The storage utilization or manufacture of flammable liquids or gases which produce flammable or explosive vapors shall be permitted only in accordance with this section, exclusive of the storage of finished products in original sealed containers (55 gallons or less), which is unrestricted. The total storage capacity of flammable liquids and gases shall not exceed those quantities permitted for each of the industrial districts:

(9)

Glare. In all industrial districts, any operation or activity producing glare shall be conducted so that direct or indirect light from the source shall not cause illumination in excess of 0.5 footcandle when measured in a residential district.

(Code 1973, ch. 29, § 4-303; Ord. No. 13-062, 9-24-2013)

Sec. 54-153. - O-1 limited office district.

(a)

Permitted uses.

(1)

Art gallery, art studio, sales.

(2)

Bank.

(3)

Bus terminal or stopover point.

(4)

Bingo hall and related activities, including food service during bingo sessions.

(5)

Churches and other places of worship.

(6)

Commercial school, trade school, or other school offering training in specialized courses of study.

(7)

Contractor's office, material and equipment storage facility.

(8)

Day care center, nursery school.

(9)

Janitorial service.

(10)

Library.

(11)

Medical and dental clinics, not including medical marijuana dispensing center clinic.

(12)

Medical laboratory.

(13)

Motel/hotel.

(14)

Mortuaries and funeral homes.

(15)

Museum or art gallery.

(16)

Noncommercial recreation.

(17)

Nursing homes, provided that the front, side and rear yard setbacks for same shall be 30 feet, 20 feet, and 25 feet, respectively.

(18)

Offices, business and professional.

(19)

Police or fire station.

(20)

Police storage facilities.

(21)

Post office, governmental office.

(22)

Public and private utility service and facilities, including, but not limited to, electric, telephone, radio, television, and microwave transmissions, exchanges, substations, relay stations, towers, antennas, and any other distribution equipment.

(23)

Public storage facilities.

(24)

Reading room.

(25)

Research and development facilities.

(26)

Summer theater.

(27)

Taxicab office.

(28)

Utility office.

(29)

The following uses accessory to and located in a building used principally as an office, research and development facility, medical or dental clinic, provided such use shall be entered only from an interior lobby or hallway and provided further that no advertising or display shall be visible from the exterior of the building:

a.

Barbershop.

b.

Beauty shop.

c.

Pharmacy, not including medical marijuana dispensary.

d.

Gift shop.

e.

Newsstand.

f.

Restaurant.

(30)

Accessory uses, temporary uses and signs as permitted by article VI of this chapter and the village sign regulations.

(31)

Off-street parking and loading as permitted by article VII of this chapter.

(b)

Special uses. Subject to conditions and requirements of article IX of this chapter, as follows:

(1)

Currency exchange.

(2)

Deferred deposit lender and other financial institutions.

(3)

Newspaper printing and distribution center.

(4)

Personal loan agency.

(5)

Planned development.

(6)

Police or fire station.

(7)

Post office or government office.

(8)

Structures over 35 feet.

(c)

Bulk regulations.

(1)

Maximum height: 35 feet, provided that structures over 35 feet may be permitted pursuant to a special use permit issued in accordance with section 54-608.

(2)

Maximum lot coverage: all buildings and structures shall not cover more than 30 percent of the lot. All buildings, structures, walkways, driveways, parking and paved areas shall not cover, in the aggregate, more than 80 percent of the lot. The remaining 20 percent of the lot shall be landscaped so as to allow for the absorption of moisture.

(3)

Yard requirements:

a.

Minimum front and corner side yard:

1.

Structures: 1.5 times building height.

2.

Parking areas and vehicular use areas: 30 feet.

b.

Minimum rear yard:

1.

Structures: 20 feet.

2.

Parking areas and vehicular use areas: ten feet.

c.

Minimum side yard when not adjacent to residential: structure, parking areas and vehicular use areas: ten feet.

d.

Minimum side and rear yards adjacent to residential:

1.

Where a side lot line or a rear lot line of a use permitted in this district coincides with a side lot line or a rear lot line in a residence district, a yard equal in depth to the height of the building on the lot shall be provided adjacent to the respective side or rear lot lines; however, no such yard shall be less than 30 feet and the yard shall apply to structures, parking areas and vehicular use areas.

2.

Where a side lot line or a rear lot line of a use permitted in this district is across the street from a residence district, a yard not less than 30 feet in depth shall be provided adjacent to the respective side or rear lot line and the yard shall apply to structures, parking areas and vehicular use areas.

(4)

Floor area ratio (far): the maximum far for all structures on a lot shall be 0.5.

(d)

Conditions of use.

(1)

Exterior lighting fixtures shall be shaded when necessary to avoid casting direct light upon any residential use.

(2)

All business, servicing, processing and storage shall be conducted within enclosed buildings.

(3)

Landscaping shall be provided as required in article VIII of this chapter.

(4)

All uses shall comply with the performance standards for noise, odor, dust, smoke and vibration established in section 54-144 for the I-1 limited industrial district.

(5)

Landscaping: all yards and open spaces between and around buildings, structures, off-street parking areas or areas for open storage along exterior or interior streets within office districts shall be landscaped with trees and shrubs and sodded. All landscaping shall be properly maintained by the owner or tenant of the subject property. In order to ensure that the overall landscaping scheme is effective and aesthetically pleasing, the developer shall prepare a landscaping plan for submission to the village prior to approval of the final site plan. Such plan shall locate the trees and shrubs and indicate the size and species of all plant material.

(e)

Minimum contiguous area. The minimum contiguous area for any land zoned in accordance with this section shall be two acres. No lot shall be so zoned unless it is adjacent to an arterial or collector street as shown on the official map of the village or unless it is adjacent to an existing office, business or industrial district.

(f)

Minimum lot width. Every principal use permitted in this district shall be located on a lot having a minimum width measured at the front lot line of 100 feet.

(Code 1973, ch. 29, § 4-401; Ord. No. 76-017, 2-24-1976; Ord. No. 79-061, 10-2-1979; Ord. No. 92-175, 12-22-1992; Ord. No. 95-079, 5-9-1995; Ord. No. 97-002, 1-14-1997; Ord. No. 12-013, 2-28-2012; Ord. No. 14-028, 4-22-2014)

Sec. 54-171. - U-D utility district.

(a)

Permitted uses. Notwithstanding anything to the contrary in section 54-12, the construction, installation, reconstruction, maintenance, repair, upgrade, expansion, addition, modification, renewal, replacement, relocation, removal, use and operation of electrical and communications systems, equipment, structures, improvements and facilities, including, without limitation, transmission and distribution facilities and other substations and other improvements supporting such facilities.

(b)

Conditions of use. For facilities owned or operated by an owner that is a regulated utility with the state commerce commission or that are within the jurisdiction of a regional transmission organization, the Federal Energy Regulatory Commission or the Federal Communications Commission:

(1)

Neither the village's property maintenance regulations are applicable, nor are the regulations of section 34-7.

(2)

Notwithstanding anything to the contrary in section 54-85 with respect to this chapter, no lot size requirements, bulk regulations (including those set forth in article V of this chapter, number of structures on a zoning lot, landscaping regulations or nonconformity regulations shall be applicable.

(3)

Permitting fees and inspection fees are inapplicable.

(c)

Existing improvements. Article X of this chapter shall not apply to any improvements existing as of the date hereof which do not fall within the scope of this section.

(Code 1973, ch. 29, § 4-501; Ord. No. 19-027, 4-30-2019)