A.   Number Of Buildings On A Zoning Lot: Not more than one principal building or structure shall be located on a zoning lot except in the following cases:

      1.   Planned developments;

      2.   Regional shopping centers located in the C-4 Regional Shopping District;

      3.   Commercial mobile radio and wireless telecommunications service facilities;

      4.   Lots of more than four acres in size in any district provided that there are at least two acres per principal building and the principal use is one of the following:

         a.   Public or Private Elementary, Middle, and High Schools;

         b.   Parks, Community and Recreation Centers;

         c.   Residentially Zoned Assembly Uses; or

         d.   Colleges and Universities; and

      5.   Lots of five or more acres located in the M-1 Limited Manufacturing District, and the M-2 General Manufacturing District, and M-3 Special Manufacturing District; and

      6.   Lots in the C-2 Limited Office District and C-3 General Commercial District that are at least one-half acre in area.

   B.   Continued Conformity With Bulk Regulations:

      1.   The maintenance of yards, minimum lot area, and other open space legally required for a building shall be a continuing obligation of the property owner and the owner of such building (if different from the property owner), for as long as the building is in existence.

      2.   No legally required yards, minimum lot area, or other open space allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, minimum lot area, or other open space requirements for any other building. (Ord. Z-8-98, 9-21-1998)

   C.   Permitted Obstruction In Required Yards: The following structures and uses shall be permitted in the following required yards:

 

   D.   General Cross Reference Guide For Additional Regulations:

      1.   Land Use Interpretation: All applications for a permitted or conditional use which are not listed in the table of uses set forth in each district classification shall be submitted to the Zoning Administrator for a use interpretation pursuant to the standards and procedures set forth in section 12-3-8, "Administrative Interpretations", of this title.

      2.   Accessory And Temporary Uses: Accessory and temporary uses are permitted in each district subject to the provisions of section 12-8-1, "Accessory Uses And Structures", of this title.

      3.   Parking And Loading: The parking and loading requirements applicable in each district are set forth in chapter 9 of this title. However, supplemental parking requirements are provided for the C-5 Central Business District in subsection 12-7-3H6 of this chapter which shall supersede the requirements of chapter 9 of this title for the uses listed.

      4.   Sign: Sign regulations applicable in each district are set forth in chapter 11, "Signs", of this title.

      5.   Site Plan Review: No construction or development requiring site plan review shall be permitted in the districts except upon site plan approval pursuant to section 12-3-2, "Site Plan Review", of this title.

      6.   Performance Standards: Requirements relating to performance standards in each district are set forth in chapter 12, "Environmental Performance Standards", of this title.

      7.   Landscaping, Screening, And Fences: Requirements relating to landscaping, screening, buffering, and fences in each district are set forth in chapter 10, "Landscaping And Screening", of this title.

      8.   Nonconforming Lots: Requirements relating to nonconforming lots in each district are set forth in chapter 5, "Nonconforming Uses And Structures", of this title. (Ord. Z-8-98, 9-21-1998; amd. Ord. Z-36-18, 12-3-2018; Ord. Z-18-19, 8-5-2019; Ord. Z-15-20, 6-1-2020; Ord. Z-20-2022, 8-1-2022; Ord. Z-32-22, 11-7-2022; Ord. Z-38-22, 12-29-2022; Ord. Z-6-23, 4-3-2023)

   A.   General Purpose Statement: The residential districts set forth herein are established to perpetuate the existing high quality residential character of the City by preserving established neighborhoods while encouraging new residential development. Taken together, the residential districts blend to provide a broad range of housing alternatives.

   B.   Permitted Uses Generally: The uses specified as permitted in table 1, "Residential Districts Use Matrix", of this section, shall be considered permitted as of right in the residential districts, subject to any limitations therein or in this chapter, and the securing of a zoning certificate. The uses shall also be required to comply with all other applicable requirements of this title and the City Code.

   C.   Conditional Uses Generally: The uses specified as conditional uses in table 1, "Residential Districts Use Matrix", of this section, may be allowed in the residential districts, subject to any limitations therein or in this chapter, and the securing of a conditional use permit pursuant to section 12-3-4, "Conditional Uses", of this title. The uses shall also be required to comply with all other applicable requirements of this title and the City Code.

   D.   R-1 Single-Family Residential District:

      1.   Purpose: The purpose of the R-1 Single-Family Residential District is to provide for and preserve single-family residential environments at the lowest density within the City.

      2.   Permitted Uses: The uses permitted in the R-1 Single-Family Residential District are set forth in table 1, "Residential Districts Use Matrix", of this section.

      3.   Conditional Uses: The uses allowed as conditional uses in the R-1 Single-Family Residential District, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 1, "Residential Districts Use Matrix", of this section.

      4.   Bulk Regulations: The bulk regulations that apply to the R-1 single-family residential district are listed within table 2, "Residential Districts Bulk Matrix", of this section.

   E.   R-2 Two-Family Residential District:

      1.   Purpose: The purpose of the R-2 two-family residential district is to provide a residential environment for small lots and buildings.

      2.   Permitted Uses: The uses permitted in the R-2 two-family residential district are set forth in table 1, "Residential Districts Use Matrix", of this section.

      3.   Conditional Uses: The uses allowed as conditional uses in the R-2 two-family residential district, pursuant to section 12-3-4, "Conditional Uses", of this title are set forth in table 1, "Residential Districts Use Matrix", of this section.

      4.   Bulk Regulations: The bulk regulations that apply to the R-2 two-family residential district are listed within table 2, "Residential Districts Bulk Matrix", of this section.

   F.   R-3 Townhouse Residential District:

      1.   Purpose: The purpose of the R-3 townhouse residential district is to provide a residential environment for townhouses and multiple-family dwellings.

      2.   Permitted Uses: The uses permitted in the R-3 townhouse residential district are set forth in table 1, "Residential Districts Use Matrix", of this section.

      3.   Conditional Uses: The uses allowed as conditional uses in the R-3 townhouse residential district, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 1, "Residential Districts Use Matrix", of this section.

      4.   Bulk Regulations: The bulk regulations that apply to the R-3 townhouse residential district are listed within table 2, "Residential Districts Bulk Matrix", of this section.

   G.   R-4 Central Core Residential District:

      1.   Purpose: The purpose of the R-4 central core residential district is to provide a location for high density multiple- family dwellings in and near the downtown.

      2.   Permitted Uses: The uses permitted in the R-4 central core residential district are set forth in table 1, "Residential Districts Use Matrix", of this section.

      3.   Conditional Uses: The uses allowed as conditional uses in the R-4 central core residential district, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 1, "Residential Districts Use Matrix", of this section.

      4.   Bulk Regulations: The bulk regulations that apply to the R-4 central core residential district are listed within table 2, "Residential Districts Bulk Matrix", of this section.

      5.   Dwelling Unit Standards: The minimum floor area for dwelling units in the R-4 central core residential district shall be as follows:

 

 

   H.   Horse Barn Overlay District:

      1.   General Purpose: The purpose of this subsection H is to establish reasonable and uniform regulations, safeguards and controls for keeping and maintaining horses within as an existing, nonconforming use within the city. The horse barn overlay district shall be considered an overlay district and applies only to property located in an underlying R-1 district. Except for the supplemental regulations related to the keeping of horses described in this subsection H, all other uses shall comply with the regulations applicable to the underlying R-1 Zoning District.

      2.   Permitted Uses, Generally: The uses specified as permitted in the Horse Barn Overlay District shall be considered permitted as of right on a property in an R-1 District where there currently exists a legal, nonconforming use allowing the keeping of horses. Stalls may be rented for noncommercial use. Commercial uses associated with the keeping of horses shall not be allowed, including, but not limited to, riding lessons, horse rentals, and horse shows.

      3.   Horse Barns, Permitted Uses:

         b.   The maximum area of coverage of the horse barn shall be one thousand five hundred (1,500) square feet and have a separate outdoor corral area of at least one thousand five hundred (1,500) square feet.

         c.   The maximum height of the horse barn/stable shall be no higher than twenty four feet (24').

         d.   Minimum setback shall be ten feet (10') from the side and rear property lines; twenty feet (20') from any residential unit. No horse barns shall be allowed in the front yard.

         e.   Each horse stall within a horse barn shall be a minimum of twelve feet by twelve feet (12'x12') and house only one horse at a time.

         f.   Each horse barn shall be kept in a clean, sanitary condition, and in compliance with all health, sanitation, nuisance, and animal control ordinances of the City. (Ord. Z-11-09, 3-2-2009)

   I.   Residential Use Matrix:

TABLE 1

RESIDENTIAL DISTRICTS USE MATRIX

P = Permitted use

C = Conditional use permit required

 

   Note:

      1.   On sites of 1 acre or more with frontage on a collector or arterial street.

      2.   Only single-family detached dwellings that were lawfully constructed prior to August 17, 2020 and are located in a zoning district other than R-1 may, but are not required to, apply for a conditional use in order to bring the use of the legally nonconforming property into conformance with the Zoning Ordinance.

   J.   Residential Bulk Matrix:

TABLE 2

RESIDENTIAL DISTRICTS BULK MATRIX

 

   Notes:

      1.   To determine rear yard coverage for a detached single-family residential property, the area of the rear yard shall be the horizontal distance of the lot taken from the rear-most elevation of the principal building multiplied by the distance from the rear-most elevation of the principal structure to the rear lot line. For irregularly shaped lots, the area of the rear yard shall start from the rear-most elevation of the principal building and cover all areas of the property from this elevation to the rear lot line(s) of the subject property. See chapter 13 of this title, definition of "rear yard coverage" for improvements that are calculated under this regulation.

      2.   The minimum lot area for a zoning lot in the “R-4 Central Core Residential District” shall be either 10,000 square feet or shall be determined by the total sum of the required minimum lot area of each dwelling unit on the zoning lot in accordance with the following table, whichever is greater:

      3.   Where a lot is defined as a corner lot, the required front yard and corner side yard shall be observed; provided, however, that the minimum corner side yard may be reduced to allow for a buildable width of thirty feet (30') for a single family detached dwelling unit in the R-1 district. In no instance shall the minimum corner side yard setback be reduced to less than five feet (5'). No accessory building or roofed structure shall encroach into the required front yard and corner side yard setback; except where permitted pursuant to section 7-1.C of this title, and provided, however, structures and buildings lawfully established prior to June 17, 2019 that do not meet the front yard or corner side yard setbacks shall be considered legal non-conforming and may remain and be maintained pursuant to section 5-6 of this title.

 

 

(Ord. Z-8-98, 9-21-1998; amd. Ord. Z-11-09, 3-2-2009; Ord. Z-7-3, 5-20-2013; Ord. Z- 30-16, 12-5-2016; Ord. Z-10-18, 5-21-2018; Ord. Z-31-18, 10-15-2018; Ord. Z-36-18, 12-3-2018; Ord. Z-15-19, 7-1-2019; Ord. Z-19-20, 9-8-2020)

   A.   General Purpose Statement: The commercial districts set forth herein, when taken together, are intended to permit a broad range of commercial development necessary to serve the citizens of Des Plaines and neighboring areas.

   B.   Permitted Uses Generally: The uses specified as permitted in table 3, "Commercial Districts Use Matrix", of this section, shall be considered permitted as of right in the commercial districts, subject to any limitations therein or in this chapter, and the securing of a zoning certificate. The uses shall also be required to comply with all other applicable requirements of this title and the city code.

   C.   Conditional Uses Generally: The uses specified as conditional uses in table 3, "Commercial Districts Use Matrix", of this section, may be allowed in the commercial districts, subject to any limitations therein or in this chapter, and the securing of a conditional use permit pursuant to section 12-3-4, "Conditional Uses", of this title. The uses shall also be required to comply with all other applicable requirements of this title and the city code.

   D.   C-1 Neighborhood Shopping District:

      1.   Purpose: The purpose of the C-1 neighborhood shopping district is to accommodate convenience businesses in locations close to residential neighborhoods. No individual use in the C-1 neighborhood shopping district shall exceed seven thousand five hundred (7,500) square feet in floor area.

      2.   Permitted Uses: The uses permitted in the C-1 commercial district are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      3.   Conditional Uses: The uses allowed as conditional uses in the C-1 commercial district, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      4.   Bulk Regulations: The bulk regulations that apply to the C-1 neighborhood shopping district are listed within table 4, "Commercial Districts Bulk Matrix", of this section.

      5.   Standards For Site Plan Review:

         a.   Front Yards: No required front yard shall be used for the permanent sale or display of merchandise. The temporary seasonal sale or display of merchandise shall not encroach into areas of required parking unless permitted by the zoning administrator pursuant to section 12-8-11, "Temporary Uses", of this title.

         b.   Lights: If the premises abuts a residential district, lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon such abutting residential district.

         c.   Fencing: If the premises abuts a residential district or use, a solid opaque view screen fence, eight feet (8') in height, shall be provided upon the premises along each property line abutting such residential district or use.

         d.   Pedestrian Access: Each premises shall provide a logical, safe, and convenient system of pedestrian access to and from the site which is separate and distinct from any parking area or roadway.

   E.   C-2 Limited Office Commercial District:

      1.   Purpose: The purpose of the C-2 limited office commercial district is to preserve existing office development and provide locations for the development of new office locations.

      2.   Permitted Uses: The uses permitted in the C-2 limited office commercial district are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      3.   Conditional Uses: The uses allowed as conditional uses in the C-2 limited office commercial district, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      4.   Bulk Regulations: The bulk regulations that apply to the C-2 limited office commercial district are listed within table 4, "Commercial Districts Bulk Matrix", of this section.

      5.   Standards For Site Plan Review:

         a.   Parking And Loading In Rear Yard Only: Off street parking and loading spaces may be located in the rear yards in the C-2 limited office commercial district. No off street parking or loading spaces shall be allowed in any required front yards in said district.

         b.   Lights: If the premises abuts a residential district, lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon such abutting residential district.

         c.   Fencing: If the premises abuts a residential district or use, a solid opaque view screen fence, eight feet (8') in height, shall be provided upon the premises along each property line abutting such residential district or use.

         d.   Mass Transit: Each premises shall provide for a logical, safe, and convenient system of pedestrian access to and from existing or planned mass transit facilities.

         e.   Special Height And Setback Overlay: In the C-2 limited office commercial district, a special height overlay is in effect for Touhy Avenue from Greco Avenue to Scott Avenue in which the maximum height shall be thirty five feet (35'). In addition, a special setback overlay is also in effect for Touhy Avenue from Greco Avenue to Scott Avenue, requiring front yard setbacks to be sixty five feet (65'), rear yard setbacks to be fifty feet (50'), interior side yard setbacks to be fifteen feet (15') or five percent (5%) of the lot width whichever is greater, and corner lot side yard setbacks to be sixty five feet (65').

   F.   C-3 General Commercial District:

      1.   Purpose: The purpose of the C-3 general commercial district is to accommodate a variety of businesses in locations to serve the community of Des Plaines.

      2.   Permitted Uses: The uses permitted in the C-3 general commercial district are set forth in table 3, "Commercial Districts Use Matrix", of this section.

         a.   Residential Dwellings: There shall be allowed one dwelling on the second floor of buildings in the C-3 general commercial zoning district located from Oakton Street at the Minneapolis/St. Paul/Sault Ste. Marie Railroad tracks, east to the city limits. In addition, further conditions are set forth as follows:

            (1)    Only new or existing buildings located in a C-3 general commercial district, and within one hundred feet (100') of an arterial street, as defined by the comprehensive plan, are permitted to have an apartment, and provided it is above the first floor.

            (2)    One unit per lot is permitted.

            (3)    Adding an apartment to an existing single-family residence located in C-3 general commercial district is not permitted.

            (4)    Each premises containing a residential unit shall provide a logical, safe, convenient system of pedestrian access to and from the site, which is separate and distinct from any parking area.

      3.   Conditional Uses: The uses allowed as conditional uses in the C-3 general commercial district, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      4.   Bulk Regulations: The bulk regulations that apply to the C-3 general commercial district are listed within table 4, "Commercial Districts Bulk Matrix", of this section.

      5.   Standards For Site Plan Review:

         a.   Front Yards: No front yard shall be used for the permanent sale or display of merchandise. The temporary seasonal sale or display of merchandise shall not encroach into areas of required parking unless permitted by the zoning administrator pursuant to section 12-8-11, “Temporary Uses”, of this title.

         b.   Lights: If the premises abuts a residential district, lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon such abutting residential district.

         c.   Fencing: If the premises abuts a residential district or use, a solid opaque view screen fence, eight feet (8') in height, shall be provided upon the premises along each property line abutting such residential district or use.

         d.   Outdoor display and storage of products: For properties utilized by a trade contractor use with an active business license and pursuant to a conditional use permit, finished or prefabricated products related to such use may be stored or displayed outdoors, subject to the following conditions and restrictions:

            (1)   Products may not be stored or displayed outdoors within any required yard.

            (2)   Products must be fully screened with an eight-foot tall, solid, opaque fence.

            (3)   For the purposes of this Section 12-7-3.F, "finished or prefabricated products" means products ready for sale to an end user. Raw or landscape materials, or materials utilized for the manufacturing, processing or assembly of products, are not permitted to be stored or displayed outdoors.

            (4)   Products, either cumulatively or individually, and including the racks or structures used to display the products outdoors, may not exceed eight feet in height.

            (5)   Products stored or displayed outdoors must be located on a paved, dust-free hard surface; provided, however, products and associated storage racks may not reduce, block, or otherwise interfere with parking lot drive aisles and off- street parking spaces.

   G.   C-4 Regional Shopping District:

      1.   Purpose: The purpose of the C-4 regional shopping district is to accommodate shopping centers in a location to serve the general public. The district is designed to permit, as of right, uses commonly associated and concentrated within a commercial shopping center. The district is also designed to accommodate outlot development through the conditional use permit process.

      2.   Permitted Uses: The uses permitted in the C-4 regional shopping district are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      3.   Conditional Uses: The uses allowed as conditional uses in the C-4 Regional Shopping District, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 3, "Commercial Districts Use Matrix", of this section. In addition, outlot development on commercial shopping center sites shall require a conditional use permit.

      4.   Bulk Regulations: The bulk regulations that apply to the C-4 Regional Shopping District are listed within table 4, "Commercial Districts Bulk Matrix", of this section.

      5.   Standards For Site Plan Review:

         a.   Front Yards: No front yard shall be used for the permanent sale or display of merchandise. The temporary seasonal sale or display of merchandise shall not encroach into areas of required parking unless permitted by the Zoning Administrator pursuant to section 12-8-11, "Temporary Uses", of this title.

         b.   Lights: If the premises abut a residential district, lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon such abutting residential district.

   H.   C-5 Central Business District:

      1.   Purpose: The purpose of the C-5 Central Business District is to protect downtown Des Plaines by permitting only those uses appropriate to its character, and regulating bulk standards accordingly.

      2.   Permitted Uses: The uses permitted in the C-5 Central Business District are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      3.   Conditional Uses: The uses allowed as conditional uses in the C-5 Central Business District, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      4.   Bulk Regulations: The bulk regulations that apply to the C-5 Central Business District are listed within table 4, "Commercial Districts Bulk Matrix", of this section.

      5.   Standards For Site Plan Review:

         a.   Front Yards: No front yard shall be used for the permanent sale or display of merchandise. The temporary seasonal sale or display of merchandise shall not encroach into areas of required parking unless permitted by the Zoning Administrator pursuant to section 12-8-11, "Temporary Uses", of this title.

         b.   Parking And Loading In Rear Yard Only: Off street parking and loading spaces may be located in the rear yards in the C-5 District. No off street parking or loading spaces shall be allowed in any required front yard of the district.

         c.   Pedestrian Access: Each premises shall provide a logical, safe, and convenient system of pedestrian access to and from the site which is separate and distinct from any parking area or roadway.

         d.   Landscaping: Landscaping shall be provided in accordance with chapter 10, "Landscaping And Screening", of this title, and shall be designed and established to blend into and complement the existing streetscape.

         e.   Multiple-Family Dwelling Units: Multiple-family dwelling units shall be permitted in the C-5 Central Business District only upon the following conditions:

            (1)    Dwelling units shall not be permitted below the second floor above ground level of any building.

            (2)    The minimum floor area per dwelling unit in the C-5 Central Business District shall be determined by the number of bedrooms in the dwelling unit and shall be in accordance with the following table:

 

 

      6.   Supplemental Parking Requirements: The following parking requirements shall supersede the requirements of chapter 9 of this title for the uses listed below. In recognition of Central Business District density patterns, the first two thousand five hundred (2,500) square feet of a use within the C-5 Central Business District shall be exempt from off street parking requirements.

 

   I.   C-6 Casino District:

      1.   Purpose: The purpose of the C-6 Casino District is to encourage the orderly development of a licensed casino and certain related uses in accordance with an approved plan of development.

      2.   Permitted Uses: The uses permitted in the C-6 Casino District are by development plan, requiring City Council approval, and shall include the following:

         Casino

         Class A restaurants, taverns and lounges

         Hotels

         Specialty food stores

      3.   Conditional Uses: The uses allowed as conditional uses in the C-6 Casino District, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      4.   Standards For Development:

         a.   Sign Plan: C-6 Casino District developments may establish a localized alternative sign plan under section 12-11-8 of this title subject to review and approval by the City Council, which plan will be in effect and not subject to revocation so long as a casino is operating in the C-6 Casino District.

         b.   Bulk Regulations: The bulk regulations that apply to the C-6 Casino District are listed within table 4, "Commercial Districts Bulk Matrix", of this section.

         c.   Parking: Parking for casino use shall be required at one space per gaming position. Accessory parking structures may exceed the height of the gaming facility. Parking requirements for other uses shall be calculated per chapter 9 of this title.

   J.   C-7 High Density Campus District:

      1.   Purpose: The purpose of the C-7 High Density Campus District is to allow for the development of large, dense, and vertically oriented complexes that incorporate both commercial and residential uses. Intended to be located proximate to arterial roads and State tollways, properties zoned in this district are appropriate as destination sites for high traffic office uses (e.g., corporate campuses) and public entertainment. All properties located in the C-7 High Density Campus District must be developed in accordance with the City's planned unit development procedures to ensure cohesive and integrated site plans, architecture, and public improvements.

      2.   Permitted Uses: The uses permitted in the C-7 High Density Campus District are set forth in table 3, "Commercial Districts Use Matrix", of this section. Provided, however, that all properties zoned in this district must be developed as planned unit developments in accordance with section 12-3-5 of this title and will be required to obtain a conditional use permit to operate as such.

      3.   Conditional Uses: The uses allowed as conditional uses in the C-7 High Density Campus District, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 3, "Commercial Districts Use Matrix", of this section.

      4.   Transitional Uses: In the event that a previously developed zoning lot is reclassified into the C-7 High Density Campus District but is not immediately substantially reconstructed or redeveloped, the zoning lot shall continue to be governed by the use standards, bulk regulations, and other requirements of its prior zoning district classification. Upon the construction of a new principal structure on the zoning lot, all regulations of the C-7 High Density Campus District shall apply to the zoning lot.

      5.   Bulk Regulations: The bulk regulations that apply to the C-7 High Density Campus District are listed within table 4, "Commercial Districts Bulk Matrix", of this section.

      6.   Standards For Development:

         b.   Supplemental Parking Requirements: The following parking requirements shall supersede the requirements of chapter 9 of this title. Parking and loading requirements shall be determined as part of final plat review for the planned unit development on a case by case basis analyzing the parking demand for each proposed use. The overall requirements for parking may be satisfied by shared parking located on multiple lots provided that maximum usage times will not overlap. The following evaluation criteria shall apply:

            (1)    Section 12-9-7, "Off Street Parking Requirements", of this title.

            (2)    In no case shall the required parking be less than seventy five percent (75%) of the base parking requirement of the uses conducted on a single zoning lot as required collectively, or the base parking requirement of the most parking intensive use on the zoning lot, whichever is greater.

         c.   Block Size: The length and width of a block located in the C-7 High Density Campus District will not be subject to the restrictions set forth in subsection 13-2-5P of the City Code.

         d.   Access: All vehicular access to any planned unit development in the C-7 High Density Campus District must be provided from a public street with a right-of-way no less than sixty six feet (66') in width or two (2) dedicated lanes of traffic in each direction. The perimeter of such planned unit development shall be enclosed by fence, except at designated access points.

         e.   Frontage: Each zoning lot in the C-7 High Density Campus District must have frontage either on an arterial street or on a private circulation drive that connects to an arterial street. If frontage is provided on a private circulation drive, then easements and protective covenants assuring such circulation shall be included on the final plat of subdivision for the planned unit development. This subsection shall supersede subsection 13-2-5V of the City Code.

         f.   Street Standards: The standards for right-of-way widths in subsection 13-2-5L of the City Code may be reduced by administrative approval of the development plan, but not below twenty five feet (25').

         g.   Minimum Zoning Lot: Zoning lots in the C-7 High Density Campus District shall not be less than one acre in size. Planned unit developments in the C-7 High Density Campus District may be comprised of multiple zoning lots, which may in turn be comprised of single or multiple lots of record (or portions thereof), provided that all property within a planned unit development in the C-7 High Density Campus District be under single ownership and/or unified control.

         h.   Open Space: No less than twenty percent (20%) of the ground area of a planned unit development in the C-7 High Density Campus District must be maintained as open space for landscaped berms, buffer areas, recreational facilities or stormwater retention facilities. Walkways, pedestrian areas, and bicycle paths may be counted as open space, even if covered with impervious surfaces.

         i.   Number Of Buildings; Mixed Uses: Multiple principal buildings may be allowed on a zoning lot, except that there shall not be less than fifteen feet (15') between principal buildings, unless buildings are connected by pedestrian bridges, parking decks or ground level concourses. A building with multiple-family dwelling units may be located on the same zoning lot as a building devoted primarily to office uses in the C-7 High Density Campus District, and such buildings may be connected by pedestrian bridges, parking decks or ground level concourses.

         j.   Campus Design Elements: Planned unit developments in the C-7 High Density Campus District will incorporate the following elements:

            (1)    Landscaped areas will exhibit continuity with prior stages of development and satisfy the goals of the C-7 High Density Campus District.

            (2)    Exposed storage areas, trash and garbage retainers, exposed machinery installation, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures will be accounted for in the design of the project, and will be screened from view and made as unobtrusive as reasonably possible.

            (3)    Internal traffic control design will minimize traffic backups and other hazards on adjacent public streets for motorists entering and exiting the development.

            (4)    The orientation of any buildings, including parking garages and decks, will minimize the adverse impacts on any adjacent residential areas from lighting, noise, deliveries, loading and unloading and general activity levels.

            (5)    The exterior elevations of buildings will demonstrate an architecturally harmonious development with other, existing buildings throughout the entire development.

            (6)    If the planned unit development consists of more than a single zoning lot or several subdivided lots under multiple ownerships, the recorded easements and protective covenants ensure the continued maintenance of the properties and of the various amenities, landscaping, improvements and design features of the site.

         k.   Signage: Signage in the C-7 High Density Campus District shall comply with the restrictions of chapter 11 of this title unless a localized alternative sign plan is approved pursuant to section 12-11-8 of this title.

   K.   Commercial Use Matrix:

TABLE 3

COMMERCIAL DISTRICTS USE MATRIX

P = Permitted use

C = Conditional use permit required

 

      25.   

   L.   Commercial Bulk Matrix:

TABLE 4

COMMERCIAL DISTRICTS BULK MATRIX

 

Notes:

   1.   With respect to front yard setbacks, "adjacent residential" shall mean when at least 80 percent of the opposing block frontage is residential.

   2.   In the C-1 Neighborhood Shopping District, where the extension of a front or side lot line coincides with front lot line of an adjacent lot in the residential district, a yard equal in depth to the minimum front yard required by this title on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 50 feet which may include the width of any intervening alley, from such lot in the residential district.

   3.   In the C-4 Regional Shopping District, and in the C-6 Casino District, more than 1 structure may be allowed per lot, thus, setbacks shall be maintained for each lot, and not to individual structures. Outlots part of a commercial shopping center shall maintain a setback of 25 feet for all yards.

   4.   In the C-2 Limited Office Commercial District, a special height overlay is in effect for Touhy Avenue from Greco Avenue to Scott Avenue in which the maximum height shall be 35 feet. In addition, a special setback overlay is also in effect for Touhy Avenue from Greco Avenue to Scott Avenue, requiring front yard setbacks to be 65 feet, rear yard setbacks to be 50 feet, interior side yard setbacks to be 15 feet or 5 percent of the lot width whichever is greater, and corner lot side yard setbacks to be 65 feet.

   5.   In the C-7 High Density Campus District, the maximum total height of a building located within 150 feet of a residential property line may not exceed 125 feet.

(Ord. Z-3-02, 3-4-2002; amd. Ord. Z-10-08, 5-5-2008; Ord. Z-11-15, 5-18-2015; Ord. Z-14-15, 7-6-2015; Ord. Z-6-16, 4-4-2016; Ord. Z-9-16, 6-6-2016; Ord. Z-4-18, 3-19-2018; Ord. Z-10-18, 5-21-2018; Ord. Z-17-18, 6-18-2018; Ord. Z-28-18, 9-4-2018; Ord. Z-31-18, 10-15-2018; Ord. Z-31-19, 12-2-2019; Ord. Z-32-19, 12-2-2019; Ord. Z-4-20, 1-21-2020; Ord. Z-9-20, 3-16-2020; Ord. Z-15-20, 6-1-2020; Ord. Z-16-20, 8-3-2020; Ord. Z-19-20, 9-8-2020; Ord. Z-22-20, 9-21-2020; Ord. Z-28-21, 2-1-2021; Ord. Z-42-21, 8-16-2021; Ord. Z-6-22, 4-4-2022; Ord. Z-19-22, 7-18-2022; Ord. Z-25-22, 9-19-2022; Ord. Z-17-23, 8-21-2023; Z-20-23, 8-21-2023; Ord. Z-11-24, 6-17-2024; Ord. Z-21-24, 9-16-2024; Ord. Z-22-24, 10-7-2024)

   A.    General Purpose Statement: The manufacturing districts set forth herein are established to protect the stability of manufacturing activities in the City and to encourage the development of new manufacturing activities by providing adequate and appropriate space within the City.

   B.    Permitted Uses Generally: The uses specified as permitted in table 5, "Manufacturing Districts Use Matrix", of this section, shall be considered permitted as of right in the manufacturing districts, subject to any limitations therein or in this chapter, and the securing of a zoning certificate. The uses shall also be required to comply with all other applicable requirements of this title and the City Code.

   C.    Conditional Uses Generally: The uses specified as conditional uses in table 5, "Manufacturing Districts Use Matrix", of this section, may be allowed in the manufacturing districts, subject to any limitations therein or in this chapter, and the securing of a conditional use permit pursuant to section 12-3-4, "Conditional Uses", of this title. The uses shall also be required to comply with all other applicable requirements of this title and the City Code.

   D.    M-1 Limited Manufacturing District:

      1.    Purpose: The purpose of the M-1 Limited Manufacturing District is to provide locations for light manufacturing uses and associated services.

      2.    Permitted Uses: The uses permitted in the M-1 Limited Manufacturing District are set forth in table 5, "Manufacturing Districts Use Matrix", of this section.

      3.    Conditional Uses: The uses allowed as conditional uses in the M-1 Limited Manufacturing District, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 5, "Manufacturing Districts Use Matrix", of this section.

      4.    Bulk Regulations: The bulk regulations that apply to the M-1 Limited Manufacturing District are listed within table 6, "Manufacturing Districts Bulk Matrix", of this section.

      5.    Site Plan Review:

         a.    Open Storage: The open or unenclosed storage of materials or equipment shall be strictly prohibited in the M-1 Limited Manufacturing District.

         b.    Lights: If the premises abuts a residential district, lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon such abutting residential district.

         c.    Limited Accessory Retail Sales: Limited accessory retail sales of goods assembled, fabricated, or processed on site by light manufacturing uses will be permitted provided the floor area devoted to the accessory retail sales shall not exceed ten percent (10%) of the floor area for the light manufacturing uses.

         d.    Fencing: If a premises abuts a residential district or use, a solid opaque view screen fence, eight feet (8') in height, shall be provided upon the premises along each property line abutting the residential district or use.

   E.    M-2 General Manufacturing District:

      1.    Purpose: The purpose of the M-2 General Manufacturing District is to provide a location for general manufacturing uses and related uses in conformance with the comprehensive plan.

      2.    Permitted Uses: The uses permitted in the M-2 General Manufacturing District are set forth in table 5, "Manufacturing Districts Use Matrix", of this section.

      3.    Conditional Uses: The uses allowed as conditional uses in the M-2 General Manufacturing District, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 5, "Manufacturing Districts Use Matrix", of this section.

      4.    Bulk Regulations: The bulk regulations that apply to the M-2 General Manufacturing District are listed within table 6, "Manufacturing Districts Bulk Matrix", of this section.

      5.    Standards For Site Plan Review:

         a.    Open Storage: The following regulations shall apply to outside and open storage within the M-2 District:

            (1)    No part of the lot area shall be used for open or unenclosed storage of materials used in manufacturing, processing or assembly of products.

            (2)    No open storage is permitted except in bins or where enclosed by a solid wood or masonry fence not less than eight feet (8') high, any other ordinances of the City to the contrary notwithstanding.

            (3)    All permitted outside storage shall only be located in the side and rear yards of the subject property.

            (4)    All outside or open storage must be associated with the primary use located on the same zoning lot.

            (5)    No inoperable vehicles and equipment or damage vehicles or equipment may be stored outside except in the rear yard and fully enclosed by a solid wood or masonry fence not less than eight feet (8') high.

            (6)    No outside or open storage shall block required emergency vehicle access at any time.

            (7)    No outside or open storage shall occupy required off street parking spaces as regulated in section 12-9-7 of this title.

            (8)    No open or outside storage shall exceed eight feet (8') in height. Storage containers shall not be stacked atop of another storage container.

            (9)    Any deviation from this section shall be subject to the review of the zoning administrator through a minor variation pursuant to section 12-3-6.E. “Minor Variations” of this title.

         b.    Lights: If the premises abuts a residential district, lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon such abutting residential district.

         c.    Limited Accessory Retail Sales: Limited accessory retail sales of goods assembled, fabricated, wholesaled, distributed, or processed on site by light manufacturing uses will be permitted provided the floor area devoted to the accessory retail sales shall not exceed thirty percent (30%) of the floor area for the manufacturing, wholesale, or distribution uses.

         d.    Fencing: If the premises abuts a residential district or use, a solid opaque view screen fence, eight feet (8') in height, shall be provided upon the premises along each property line abutting such residential district or use.

   F.    M-3 Special Manufacturing District:

      1.    Purpose: The purpose of the M-3 Special Manufacturing District is to provide locations for light manufacturing, distribution, office and research related facilities.

      2.    Permitted Uses: The uses permitted in the M-3 Special Manufacturing District are set forth in table 5, "Manufacturing Districts Use Matrix", of this section.

      3.    Conditional Uses: The uses allowed as conditional uses in the M-3 Special Manufacturing District, pursuant to section 12-3-4, "Conditional Uses", of this title, are set forth in table 5, "Manufacturing Districts Use Matrix", of this section.

      4.    Bulk Regulations: The bulk regulations that apply to the M-3 Special Manufacturing District are listed within table 6, "Manufacturing Districts Bulk Matrix", of this section.

      5.    Site Plan Review:

         a.    Open Storage: The open or unenclosed storage of materials or equipment shall be strictly prohibited in the M-3 Special Manufacturing District.

         b.    Lights: If the premises abuts a residential district, lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon such abutting residential district.

         c.    Fencing: If a premises abuts a residential district or use, a solid opaque view screen fence, eight feet (8') in height, shall be provided upon the premises along each property line abutting the residential district or use.

   G.    Manufacturing Use Matrix:

TABLE 5

MANUFACTURING DISTRICTS USE MATRIX

P = Permitted use

C = Conditional use permit required

 

   H.   Manufacturing Bulk Matrix:

TABLE 6

MANUFACTURING DISTRICTS BULK MATRIX

 

   Note:

      1.   In instances when an M-2 zoned site shares a property line with a residentially zoned parcel(s), no portion of any principal building or structure on the M-2 zoned site shall be taller than 40 feet when within 120 feet of such abutting residentially zoned parcel(s). Portions of buildings or structures farther away than 120 feet from a residentially zoned parcel(s) may go up to the maximum allowable building height of 60 feet.

(Ord. Z-8-98, 9-21-1998; amd. Ord. Z-13-14, 5-5-2014; Ord. Z-6-16, 4-4-2016; Ord. Z-4-18, 3-19-2018; Ord. Z-5-18, 3-19-2018; Ord. Z-17-18, 6-18-2018; Ord. Z-23-18, 8-20-2018; Ord. Z-31-18, 10-15-2018; Ord. Z-18-19, 8-5-2019; Ord. Z-31-19, 12-2-2019; Ord. Z-15-20, 6-1-2020; Ord. Z-42-21, 8-16-2021; Ord. Z-19-22, 7-18-2022; Ord. Z-21-22, 7-18-2022; Ord. Z-14-23, 7-17-2023; Ord. Z-11-24, 6-17-2024)

   A.   Institutional District:

      1.   Purpose: The I-1 institutional district is designed to recognize the public or semipublic nature of the institutional district and to provide guidelines for their continued use and future development. The I-1 institutional district shall provide protection for existing institutional facilities by prohibiting the encroachment of noncompatible uses.

      2.   Permitted Uses: The uses specified as permitted in table 7, "Institutional District Use Matrix", of this section, shall be considered permitted as of right in the institutional districts, subject to any limitations therein or in this chapter, and the securing of a zoning certificate. The uses shall also be required to comply with all other applicable requirements of this title and the city code.

      3.   Conditional Uses: The uses specified as conditional uses in table 7, "Institutional District Use Matrix", of this section, may be allowed in the institutional districts, subject to any limitations therein or in this chapter, and the securing of a conditional use permit pursuant to section 12-3-4, "Conditional Uses", of this title. The uses shall also be required to comply with all other applicable requirements of this title and the city code.

      4.   Bulk Regulations: The bulk regulations that apply to the I-1 institutional district are listed within table 8, "Institutional District Bulk Matrix", of this section.

      5.   Standards For Site Plan Review:

         a.   Parking In Rear Yard Only: Off street parking and loading areas shall not be permitted in any required front or side yard in the institutional district, and the parking areas shall be set back a minimum of five feet (5') from the rear property lines, except in such a situation where the rear property line is also a dedicated street right of way line. In this case, there shall be a setback from such right of way lines of at least 25 feet.

         b.   Spacing Of Detached Buildings On The Same Zoning Lot: No more than one principal building may be placed on a lot less than four (4) acres in size. On lots of more than four (4) acres in size, more than one principal building may be located provided that two (2) acres of land area shall be required for each principal building. All detached buildings shall maintain a minimum separation of twenty five feet (25').

      6.   Institutional Use Matrix:

TABLE 7

INSTITUTIONAL DISTRICT USE MATRIX

P = Permitted use

C = Conditional use permit required

 

      7.   Institutional Bulk Matrix:

TABLE 8

INSTITUTIONAL DISTRICT BULK MATRIX

 

   B.   Mobile Home Park District:

      1.   Purpose: The purpose of the MH-1 mobile home park district is to provide appropriate locations for individual mobile/manufactured homes in a parklike setting which are adequately served by public utilities.

      2.   Permitted Uses: The uses specified as permitted in table 9, "Mobile Home Park District Use Matrix", of this section, shall be considered permitted as of right in the mobile home park districts, subject to any limitations therein or in this chapter, and the securing of a zoning certificate. The uses shall also be required to comply with all other applicable requirements of this title and the city code.

      3.   Conditional Uses: The uses specified as conditional uses in table 9, "Mobile Home Park District Use Matrix", of this section, may be allowed in the mobile home districts, subject to any limitations therein or in this chapter, and the securing of a conditional use permit pursuant to section 12-3-4, "Conditional Uses", of this title. The uses shall also be required to comply with all other applicable requirements of this title and the city code.

      4.   Bulk Requirements: The bulk regulations that apply to the mobile home park district are listed within table 10, "Mobile Home Park District Bulk Matrix", of this section.

      5.   Standards For Site Review: Mobile home park districts shall be subject to the following standards:

         a.   Minimum Separation: A minimum separation of ten feet (10') shall be maintained between a mobile home and any other structure.

         b.   Access: Every mobile home lot shall have access to and abut a private driveway. The driveway shall have an unobstructed access to a public thoroughfare.

         c.   Street And Driveways: All streets and driveways, in every mobile home park shall be paved with a minimum width of twenty four feet (24').

         d.   Common Open Space: Common open space equal to two hundred fifty (250) square feet per home shall be provided at common locations within the park.

         e.   Designated Operator: Every mobile home park shall have a designated operator for the park. The operator shall provide the zoning administrator with his name, office hours, office mailing address, and emergency contact persons and numbers.

         f.   Maintenance: It shall be the duty of the mobile home park operator to secure the maintenance of the park and ensuring that the park meets all applicable state or local laws, ordinances or regulations.

         g.   Incidental Retail Sales: Incidental retail sales of mobile homes may be permitted in a mobile home park provided no mobile home models are located on the site of the mobile home park.

         h.   One For One Replacement: For the purposes of this title, the one to one replacement of a mobile home with another mobile home shall be permitted, notwithstanding the prohibitions set forth in sections 12-5-5, "Nonconforming Uses", and 12-5-6, "Nonconforming Structures", of this title.

   C.   Mobile Home Park Use Matrix:

TABLE 9

MOBILE HOME PARK DISTRICT USE MATRIX