Elwood City Zoning Code

ZONING DISTRICT

REGULATIONS

§ 162.055 A-1 AGRICULTURAL DISTRICT.

(A) Purpose.

(1) To establish a zoning district in which agriculture and certain related uses are encouraged as principal and primary uses of the land;

(2) To preserve fertile tillable soils as a most valuable natural resource;

(3) To guard and protect sociological relationships that are a necessary part of the lives and well-being of rural people in partnership with nature;

(4) To preserve and protect the fundamental relationship that exists between successful agricultural efforts and the inherent natural and human-made characteristics of the land;

(5) To provide vast open areas which contribute to the stability of the environment; relief from urban blight and enhance air and water quality; and

(6) To preserve a continuing food supply close to markets for residents of the village and region as well as the world.

(B) Policy. To achieve the purposes of the agricultural district, it shall be the policy of the village:

(1) To allow only those uses of land which are clearly and primarily best suited for agricultural purposes within the A-1 Zoning District; and

(2) To prevent mixtures of urban and rural land uses which create or tend to create conflicts and incompatibilities which directly or indirectly impose unbalanced tax loads on agriculture and which require urban services which in turn contribute to the premature termination and eventual elimination of agricultural uses.

(C) Uses permitted. No land shall be used or occupied, and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1) Agricultural uses:

(a) Farming, crop and tree farming, truck farming, horticulture, forestry, gardening, dairy farming, stock raising, domestic animals and poultry breeding and raising, together with the operation of any machinery or vehicles incidental to the above uses;

(b) Research and/or experimental farm;

(d) Nurseries, sale of products produced on premises.

(2) Residential uses:

(a) Farm homestead and one additional dwelling for the immediate family of the farm owner or operator of the same parcel;

(b) Two-family dwellings of the farm owner or operator and his or her immediate family; and

(3) Public, quasi-public and governmental buildings and facilities:

(a) Public parks, public playgrounds, public golf courses and public community center buildings;

(b) Parish houses and convents;

(d) Cemeteries;

(e) Forest preserves;

(f) Governmental military reservations;

(g) Essential services; gas regulatory stations, telephone exchanges, electric substations and cable television antennas; and

(h) Human-made lakes, waterways and hydraulic power plants.

(4) Commercial uses:

(a) Sale of farm supplies by farmers as agents where elevators or similar commercial facilities are not maintained on the farm premises; and

(b) Agricultural implement sales and services on ten acres or less but not on less than five acres.

(D) Special uses permitted. The following uses may be permitted only if specifically authorized by the Village Board:

(1) Similar and compatible uses to those allowed as permitted used in this district;

(2) Convalescent or nursing home;

(3) School or colleges;

(4) Hospitals, clinics and sanitariums;

(5) Grain storage, when not accessory to the pursuit of agriculture;

(6) Fertilizer and seed sales, including bulk storage and mixing;

(7) Animal feed; preparation, grinding, mixing and storage;

(8) Feed yards;

(9) Hunting, fishing, game preserves and recreational clubs;

(10) Central sewage treatment plant;

(11) Sale barn;

(12) Railroad right-of-way and passenger stations, but not including railroad yards and shops; and

(13) Planned unit developments.

(E) Accessory uses permitted.

(1) Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted or special use may be permitted, provided that they are operated and maintained under the same ownership, on the same parcel, and do not include structural features inconsistent with the permitted use or special use.

(2) Those uses are subject to supplementary regulations outlined in § 162.089.

(3) Accessory uses may include, but are not limited to:

(a) Garages, carports or other parking spaces for the exclusive use of residents or occupants of the premises;

(b) Home occupations;

(d) Swimming pools, exclusively for the use of the residents and their guests, and set back from every property line at least ten feet and not located in the front yard;

(e) Real estate signs, not exceeding 12 square feet for each face and set back from every property line at least ten feet;

(f) Gardening (the raising of vegetables and fruits) and keeping of household pets exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes; and

(g) Roadside stands, for the sale of produce and poultry grown and raised on or in the immediate area of the premises, but not including dead animals, and provided that the stand shall contain not more than 200 square feet of floor area. Stands or produce offered for sale shall be located not less than 25 feet from the nearest edge of pavement, provided that they shall be placed at that location only during the harvest season of produce offered for sale. Each roadside stand shall have facilities, approved by the Village Board, for vehicular ingress and egress, and adequate off-street parking.

(F) Site and structure requirements.

(1) Minimum lot area. A separate ground area of not less than ten acres shall be designated, provided and continuously maintained for each structure of land containing a permitted or special use.

(2) Minimum lot width. A minimum lot width of 660 feet shall be provided for each lot used for a permitted or special use.

(3) Front yard. All structures shall be set back at least 75 feet from the front lot line.

(4) Side yard. All structures shall be set in a distance of not less than 50 feet.

(5) Rear yard. All structures shall be set in a distance of not less than 50 feet from the rear lot line.

(6) Maximum height. No principal structure shall exceed 35 feet in height, and no accessory structure shall exceed 20 feet in height above principal structure.

(7) Floor area ratio. Not to exceed 0.2 feet.

(8) Minimum size of dwelling. Each single-family detached dwelling and any other structure occupied in whole or in part for residential purposes shall contain at least 1,200 square feet of livable floor area, exclusive of basement or garage space.

(G) Special provisions.

(1) Off-street parking and loading, see §§ 162.150 through 162.159.

(2) Signs, see §§ 162.170 through 162.180.

(3) Farm buildings and structures, except for residences and garages on a parcel over ten acres in size, shall be exempt from the provisions of this chapter when used for the intended agricultural purposes. However, compliance shall be made with front yard requirements.

(Ord. 656, passed 7-2-2001)

§ 162.056 GR GENERAL RESIDENTIAL DISTRICT.

(A) Description of district. The intent is to provide for an environment of low density single unit dwelling plus certain other facilities which serve the residents living in the district.

(B) Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1) Single-family detached dwellings;

(2) Agriculture on a tract of land ten acres or more in area; and

(3) Public parks, playgrounds, forest preserves and public recreational areas.

(1) Churches, temples, synagogues or other places of religious worship on a lot of not less than two acres;

(2) Cemeteries on a lot of not less than ten acres in area and provided no building shall be located less than 300 feet from a lot line;

(3) Colleges, universities and accessory uses thereto, provided on a lot of not less than 40 acres in size;

(4) Golf courses, public, but not including “Par 3" courses, commercially operated driving ranges, or miniature golf courses; and provided no clubhouse or accessory building shall be located less than 200 feet from a property line;

(5) Hospitals;

(6) Planned unit developments;

(7) Public libraries;

(8) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the Village Board, including, but not limited to:

(a) Electrical substations and booster stations;

(b) Filtration plan, pumping station, well and water reservoir;

(d) Sewage treatment plant;

(e) Telephone exchange and microwave relay tower; and

(f) Other government and utility uses.

(9) Schools, public or private, elementary, junior high or high school;

(D) Temporary permit uses permitted. Upon application to and issuance by the Building Commissioner of a permit therefor, the following uses may be operated as temporary uses:

(1) Temporary office building or yard for construction materials and/or equipment, both incidental and necessary for the sale or rental of real property or construction in the zoning district. Each permit shall specify the location of the building or yard and the area of permitted operation. Each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location; and

(2) Real estate subdivision sign not to exceed 100 square feet for each face. Sign shall be nonilluminated. Each permit shall specify the location of the sign. Each permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.

(E) Accessory uses permitted.

(1) Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or special permitted use may be permitted; provided, that they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry; and

(2) The uses are subject to supplementary regulations outlined in § 162.089 below. Accessory uses may include, but are not limited to:

(a) Gardening (the raising of vegetables and fruits) and keeping of household pets exclusively for the use or personal enjoyment of residents of the premises and not for commercial purposes;

(b) Home occupations;

(c) Real estate signs, not exceeding 12 square feet for each face and setback from every property line at least ten feet;

(d) Roomers and boarders, not to exceed two;

(e) Swimming pools, exclusively for the use of the residents and their guests; and

(f) Storage sheds.

(F) Prohibited uses. All uses not expressly authorized including but not limited to:

(1) Commercial uses;

(2) Hotels and motels;

(3) Industrial uses;

(4) Mobile homes;

(5) Mobile home parks; and

(6) Signs and billboards.

(G) Site and structure requirements.

(1) Minimum lot area. The minimum lot size for permitted and special land uses in the GR General Residence District shall be as follows:

(a) Single-family detached dwelling: 15,000 square feet; and

(b) Nonresidential uses: five acres, unless otherwise specified.

(2) Minimum lot width. The minimum lot width for permitted and special land uses in the GR General Residence District shall be as follows:

(a) Single-family detached dwelling: 90 feet; and

(b) Nonresidential uses: 300 feet unless otherwise specified.

(3) Yards.

(a) Front yard. All structures shall be set back at least 30 feet from the front lot line.

(b) Side yard. All structures shall be set back at least ten feet on the least side with the sums of the two sides not less than 25 feet.

(4) Maximum height. No principal structure shall exceed two and one-half stories or 35 feet in height and no accessory structure shall exceed one story or 15 feet in height.

(5) Floor to area ratio (FAR). Not to exceed 0.5.

(6) Minimum size of dwelling. Each single-family detached dwelling and any other structure occupied in whole or in part for residential purposes shall contain the following minimum square footage requirements:

(a) Each single story shall contain at least 1,500 square feet of livable floor area, exclusive of basement or garage space; and

(b) Each two-story, single-family dwelling shall contain a minimum of 1,000 square feet of livable floor area on the first level and a total minimum of 1,500 square feet of livable floor area exclusive of basement or garage space.

(7) An attached garage with a minimum capacity of two cars is required to be constructed at the time of construction of each residential unit.

(H) Other development regulations.

(1) Off-street parking and loading, see §§ 162.150 through 162.159.

(2) Signs, see §§ 162.170 through 162.180.

(Ord. 656, passed 7-2-2001)

§ 162.057 R-1 SINGLE-FAMILY RESIDENCE DISTRICT.

(A) Description of district.

(1) This district is composed of low-density residential areas plus certain areas where similar residential development appears likely to occur.

(2) It is the intent of this district to provide for an environment of predominantly low-density single unit dwellings plus certain additional uses such as schools, parks and certain public facilities which serve the residents living in the district. All commercial activities are prohibited.

(1) Single-family detached dwellings;

(2) Agriculture on a tract of land ten acres or more in area; and

(3) Public parks, playgrounds, forest preserves and public recreational areas.

(1) Special uses permitted in the GR General Residential District; and

(2) Elderly housing unit; construction of an accessory building for the purpose of special housing needs of elderly, infirm and disabled relatives of families living in the village under the following conditions:

(a) Where the construction and occupancy of an accessory building will not be detrimental to the neighborhood property values or injurious to persons or property;

(b) The owners of the one family lot upon which the accessory building is located shall reside on that lot;

(c) The principal residential unit to the accessory unit must have been occupied by the current owner for a minimum of 12 calendar months preceding the date of application;

(d) The accessory unit is to be occupied only by a person or persons related by blood or marriage to the owner and no more than two qualified occupants shall reside in the unit;

(e) Adequate provisions must be made for off-street parking of motor vehicles in such a manner as is consistent with the character of a single-family residential area;

(f) Only one accessory unit per lot shall be permitted;

(g) The special use permit shall be revoked once the accessory unit is no longer occupied by a qualified occupant;

(h) Minimum floor area for an accessory dwelling shall be no less than 300 square feet, nor shall it exceed 25% of the area of the principal dwelling unless, in the opinion of the Village Board, a greater or lesser amount of floor area is warranted by the specific circumstances of the particular building or lot;

(i) The applicant for this special use permit shall comply with all building codes for the village;

(j) On at least an annual basis, the property owner granted the special use shall be obligated to furnish an affidavit to the Zoning Enforcement Officer for the village verifying that the accessory unit will continue to be occupied by a qualified occupant during the forthcoming year; and

(k) No new address will be created.

(D) Temporary permit uses permitted. Temporary uses permitted in the GR General Residential District.

(E) Accessory uses permitted. Accessory uses permitted in the GR General Residential District.

(F) Prohibited uses. Prohibited uses in the GR General Residential District.

(G) Site and structure requirements.

(1) Minimum lot area. The minimum lot size for permitted and special land uses in the R-1 Single-Family Residence District shall be as follows:

(a) Single-family detached dwelling: 12,000 square feet; and

(b) Nonresidential uses: five acres, unless otherwise specified.

(2) Minimum lot width. The minimum lot width for permitted and special land uses in the R-1 Single-Family Residence District shall be as follows:

(a) Single-family detached dwelling: 80 feet; and

(b) Nonresidential uses: 300 feet unless otherwise specified.

(3) Yards.

(a) Front yard. All structures shall be set back at least 30 feet from the front lot line.

(b) Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet.

(4) Maximum height. No principal structure shall exceed two and one-half stories or 35 feet in height, and no accessory structure shall exceed one story of 15 feet in height.

(5) Floor area ratio. Not to exceed 0.4.

(a) Each single story shall contain at least 1,500 square feet of livable floor area, exclusive of basement or garage space;

(c) The provisions of divisions (G)(6)(a) and (b) above shall not apply to any plot or site which is of public record on the adoption date of Ord. 530 (2-21-1994) and which has a width of less than 66 feet and contains less than 9,900 square feet in area for single-family residences.

(7) Required construction. An attached garage with a minimum capacity of two cars is required to be constructed at the time of construction of each residential unit.

(H) Special provisions.

(1) Off-street parking and loading, see §§ 162.150 through 162.159.

(2) Signs, see §§ 162.170 through 162.180.

(Ord. 656, passed 7-2-2001)

§ 162.058 R-2 SINGLE-FAMILY AND TWO-FAMILY RESIDENCE DISTRICT.

(A) Description of district.

(1) This district is composed of certain medium-density residential areas representing a compatible co-mingling of single-family and two-family dwellings, including certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of medium-density dwellings plus certain additional uses such as schools, parks, churches, and certain public facilities which serve the residents living in the district.

(2) Only lands zoned R-2 as of the date of the adoption of this chapter may be used in accordance with the R-2 District requirements. No additional lands in the village shall be zoned R-2 after the date of the adoption of this chapter.

(1) Single-family detached dwellings;

(2) Two-family dwellings;

(3) Agriculture on a tract of land ten acres or more in area; and

(4) Public parks, playgrounds, forest preserves and public recreational areas.

(D) Temporary permit uses permitted. Temporary permit uses permitted in the GR District.

(E) Accessory uses permitted. Accessory uses permitted in the GR District.

(F) Prohibited uses. Prohibited uses in the GR Estate Residential District.

(G) Site and structure requirements.

(1) Minimum lot area. A separate ground area of not less than 9,500 square feet for single-family use, 10,000 square feet for two-family use with one or two bedrooms, and an additional 500 square feet for each bedroom over two bedrooms in the two-family dwelling, and 6,000 square feet for other uses, shall be designated, provided and continuously maintained for each permitted or special use.

(2) Minimum lot width. A minimum lot width of 70 feet shall be provided for each lot used for a permitted or special use.

(3) Yards.

(a) Front yard. All structures shall be set back at least 25 feet from the front lot line.

(b) Side yard. All structures shall be set in from the side lot line a distance of not less than five feet on the least side, with the sum at the two sides not less than 15 feet, and at no time shall any part of the structure’s overhang be less than three feet to the side property line.

(4) Maximum height. No principal structure shall exceed two and one-half stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height.

(5) Floor area ratio: Not to exceed 0.5.

(6) Minimum size of dwelling. Each single-family detached dwelling shall contain at least 1,000 square feet of livable floor area, and each two-family dwelling shall contain at least 750 square feet of livable floor area for each dwelling unit.

(7) Required construction. An attached garage with a minimum capacity of two cars is required to be constructed at the time of construction of each residential unit. Two-family structures will require an attached garage with a minimum capacity of two cars for each unit within the two-family structure.

(H) Special provisions.

(1) Off-street parking and loading, see §§ 162.150 through 162.159.

(2) Signs, see §§ 162.170 through 162.180.

(Ord. 656, passed 7-2-2001)

§ 162.059 R-2A SINGLE-FAMILY RESIDENCE DISTRICT.

(A) Description of district. This district is composed of low-density residential areas plus certain areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of predominantly low-density single unit dwellings plus certain additional uses such as schools, parks and certain public facilities which serve the residents living in the district. All commercial activities are prohibited, except those allowed as a special use.

(1) Single-family detached dwellings;

(2) Agriculture on a tract of land ten acres or more in area; and

(3) Public parks, playgrounds, forest preserves and public recreational areas.

(D) Temporary permit uses permitted. Temporary uses permitted in the GR General Residential District.

(E) Accessory uses permitted. Accessory uses permitted in the GR General Residential District.

(F) Prohibited uses. Prohibited uses in the GR General Residential District.

(G) Site and structure requirements.

(1) Minimum lot area. A separate ground area, of not less than ten thousand (10,000) square feet, shall be designated, provided and continuously maintained for each structure or land containing a permitted or special use.

(2) Minimum lot width. A minimum lot width of 75 feet shall be provided for each lot used for a permitted or special use.

(3) Yards.

(a) Front yard. All structures shall be set back at least 30 feet from the front lot line.

(b) Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet.

(4) Maximum height. No principal structure shall exceed two and one-half stories or 35 feet in height, and no accessory structure shall exceed one story of 15 feet in height.

(5) Floor area ratio. Not to exceed 0.4.

(a) Each single story shall contain at least 1,200 square feet of livable floor area, exclusive of basement or garage space; and

(7) Garage. An attached garage with a minimum capacity of two cars is required to be constructed at the time of construction of each residential unit.

(H) Special provisions.

(1) Off-street parking and loading, see §§ 162.150 through 162.159.

(2) Signs, see §§ 162.170 through 162.180.

(Ord. 656, passed 7-2-2001)

§ 162.060 R-3 MULTI-FAMILY RESIDENCE DISTRICT.

(A) Description of district. This district provides for certain high-density residential areas within the community. It is the intent of this district to create a predominantly residential environment of planned developments containing all types of residential structures, plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents of the district. General commercial or industrial uses, except certain enumerated uses, are prohibited. This district normally abuts major thoroughfares and expressways that provide direct access to the site. Only lands zoned R-3 as of the date of the adoption of this chapter may be used in accordance with the R-3 District requirements. No additional lands in the village shall be zoned R-3 after the date of the adoption of this chapter.

(B) Uses permitted. Developments in the R-3 District must be developed under the planned unit development regulations as stated in this chapter. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1) Residential uses;

(2) Two-family dwellings; and

(3) Three-family or more.

(D) Temporary permit uses permitted: temporary permit uses permitted in the GR District.

(E) Accessory uses permitted. Accessory uses, buildings or other structures customarily incidental to and commonly associated with a principal or special permitted use may be permitted; provided, that they are operated and maintained under the same ownership and on the same lot as the permitted use, do not include structures or structural features inconsistent with the permitted use, and do not involve the conduct of any business, trade or industry. Accessory uses may include, but are not limited to:

(1) Accessory uses permitted in the GR District; and

(2) Multiple-family uses may contain one or more of the hereinafter set forth accessory uses if each use meets the following conditions:

(a) Is provided for the convenience of the owner and/or tenants only;

(b) Does not have exterior signs except for one nonilluminated sign not exceeding three square feet in area attached to the building;

(d) Is not evident from the street:

1. Barber shop;

2. Beauty shop;

3. Laundry and dry cleaning collection station; and

4. News, cigar and/or candy shop.

(F) Prohibited uses. Prohibited uses in the GR District, unless otherwise stated in this chapter.

(G) Site and structure requirements.

(1) Minimum lot area. A separate ground area of not less than 9,000 square feet for two-family use, 12,000 square feet for multi-family use, with the minimum lot area per dwelling unit being not less than provided for in the following table.

Number of Bedrooms	Minimum Lot Area
Efficiency dwelling unit	800 square feet
One bedroom	1,000 square feet
Two bedrooms	1,500 square feet
Three bedrooms	3,000 square feet
Each additional bedroom	1,500 square feet
6,000 square feet for other uses, shall be designated, provided and continuously maintained for each permitted or special use

(2) Minimum lot width: A minimum lot width of 60 feet shall be provided for each lot used for a permitted or special use.

(3) Yards.

(a) Front yard. All structures shall be set back at least 25 feet from the front lot line.

(b) Side yard. All structures shall be set in from the side lot line a distance of not less than five feet on the least side, with the sum of the two sides not less than 15 feet for one or one and one-half story structures; the least side shall be increased by two feet and the sum of the two sides by three feet for each additional story.

(c) Rear yard. All structures shall be set in a distance of not less than 25 feet from the rear lot line for one or one and one-half story structures; the rear yard shall be increased by four feet for each additional story.

(4) Maximum height. No principal structure shall exceed four stories or 45 feet in height, and no accessory structures shall exceed two stories or 25 feet in height.

(5) Floor area ratio. Not to exceed 1.5.

(6) Minimum size of dwelling. Each single-family detached dwelling shall contain at least 720 square feet of livable floor area, each two-family dwelling shall contain at least 600 square feet of livable floor area for each dwelling unit, and each multi-family dwelling shall contain at least 500 square feet of livable floor area for each dwelling unit.

(7) Required construction. An attached garage with a minimum capacity of two cars is required to be constructed at the time of construction of each residential unit. Two-family and multi-family structures will require an attached garage with a minimum capacity of two cars for each unit within the two-family or multi-family structure.

(H) Special provisions.

(1) Off-street parking and loading, see §§ 162.150 through 162.159.

(2) Signs, see §§ 162.170 through 162.180.

(Ord. 656, passed 7-2-2001)

§ 162.061 R-4 TWO-FAMILY DISTRICT.

(A) Description of district. This district is composed of certain lower-density residential areas representing a compatible co-mingling of single-family and two-family dwellings, including certain open areas where similar residential development appears likely to occur. It is the intent of this district to provide for an environment of lower-density dwellings plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents living in the district.

(1) Single-family detached dwellings;

(2) Two-family dwellings;

(3) Agriculture on a tract of land ten acres or more in area; and

(4) Public parks, playgrounds, forest preserves and public recreational areas.

(D) Temporary permit uses permitted. Temporary permit uses permitted in the GR District.

(E) Accessory uses permitted. Accessory uses permitted in the GR District.

(F) Prohibited uses. Prohibited uses in the GR Estate Residential District.

(G) Site and structure requirements.

(1) Minimum lot area. A separate ground area of not less than 10,000 square feet for single-family use, 12,000 square feet for two-family use with the minimum lot area per dwelling unit being not less than 6,000 square feet.

(2) Minimum lot width. A minimum lot width of 75 feet shall be provided for each single-family use lot and a minimum of 80 feet for each two-family use lot.

(3) Yards.

(a) Front yard. All structures shall be set back at least 30 feet from the front lot line.

(b) Side yard. All structures shall be set in from the side lot line a distance of not less than five feet.

(4) Maximum height. No principal structure shall exceed two and one-half stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height.

(5) Floor area ratio. Not to exceed 0.5.

(6) Minimum size of dwelling. Each dwelling unit shall contain the following minimum square footage requirements:

(a) Each single story, single-family, detached dwelling shall contain at least 1,200 square feet of livable floor area, exclusive of basement or garage space;

(b) Each two-story, single-family detached dwelling shall contain a minimum of 1,000 square feet of livable floor area on the first level and a total minimum of 1,500 square feet of livable floor area exclusive of basement or garage space; and

(c) Each unit in a two-family dwelling shall contain a minimum of 1,000 square feet of livable floor area, exclusive of basement or garage space.

(H) Special provisions.

(1) Off-street parking and loading, see §§ 162.150 through 162.159.

(2) Signs, see §§ 162.170 through 162.180.

(Ord. 656, passed 7-2-2001)

§ 162.062 R-5 SINGLE-FAMILY ATTACHED (TOWNHOME) RESIDENCE DISTRICT (PLANNED UNIT DEVELOPMENT).

(A) Description of district. This district provides for certain medium-density residential areas within the community. It is the intent of this district to create a predominantly residential environment of planned developments containing single-family attached and detached, and two-family homes, plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents of the district. General commercial or industrial uses, except certain enumerated uses, are prohibited.

(B) Uses permitted.

(1) Developments in the R-5 District must be developed under the planned unit development guidelines as stated in this chapter.

(2) No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(a) Single-family attached (townhome) dwellings of three to six units;

(b) Single-family detached dwellings; and/or

(3) The following uses are permitted independently or collectively in the R-4 District as part of a planned unit development or may, if they are the sole use of the property, be permitted without need of a planned unit development: public parks, playgrounds, forest preserves and public recreational areas.

(D) Temporary uses permitted. Temporary uses permitted in the GR District.

(E) Accessory uses Permitted. Accessory uses permitted in the GR District.

(F) Prohibited uses. Prohibited uses in the GR District.

(G) Site and structure requirements.

(1) Minimum lot area. A separate ground area of not less than 10,000 square feet for a single-family detached use, 12,000 square feet for a two-family use, with the minimum lot area per dwelling unit being not less than 6,000 square feet, and 22,000 square feet for a single-family attached use, with the minimum lot per area dwelling unit being not less than 7,250 square feet.

(2) Minimum lot width. A minimum lot width shall be provided for each lot used for a permitted or special use as provided in the following table:

(a) Single-family detached: 75 feet;

(b) Two-family attached: 80 feet; and

(3) Yards.

(a) Front yard. All structures shall be set back at least 25 feet from the front lot line.

(b) Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet for one or one and one-half story structures; the least side shall be increased by two feet and the sum of the two sides by three feet for each additional story.

(4) Maximum height. No principal structure shall exceed three stories or 40 feet in height, and no accessory structures shall exceed two stories or 25 feet in height.

(5) Minimum size of dwelling. Each dwelling unit shall contain the following minimum square footage requirements.

(a) Each single story, single-family, detached dwelling shall contain at least 1,200 square feet of livable floor area, exclusive of basement or garage space.

(c) Each unit in a two-family dwelling shall contain a minimum of 1,000 square feet of livable floor area, exclusive of basement or garage space.

(d) Each unit in an attached single-family building shall contain a minimum of 750 square feet of livable floor area, exclusive of basement or garage space.

(6) Number of dwelling units per structure. There shall be no more than six dwelling units attached in a single-family attached structure.

(7) Required construction. An attached garage with a minimum capacity of two cars is required to be constructed at the time of construction of each residential unit.

(H) Special provisions.

(1) Off-street parking and loading, see §§ 162.150 through 162.159.

(2) Signs, see §§ 162.170 through 162.180.

(Ord. 656, passed 7-2-2001)

§ 162.063 R-6 MULTI-FAMILY RESIDENCE DISTRICT (PLANNED UNIT DEVELOPMENT).

(A) Description of district. This district provides for certain high-density residential areas within the community. It is the intent of this district to create a predominantly residential environment of planned developments various types of residential structures, plus certain additional uses such as schools, parks, churches and certain public facilities which serve the residents of the district. General commercial or industrial uses, except certain enumerated uses, are prohibited. This district normally abuts major thoroughfares and expressways that provide direct access to the site.

(B) Uses permitted. Developments in the R-6 District must be developed under the planned unit development guidelines as stated in this chapter. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1) Single-family attached (townhome) dwellings of three or more units;

(2) Single-family detached dwellings;

(3) Two-family attached dwellings; and

(4) Multi-family of three or more units.

(D) Temporary uses permitted. Temporary uses in the GR District.

(E) Accessory uses permitted. Accessory uses as permitted in the GR District.

(F) Prohibited uses. Prohibited uses in the GR District.

(G) Site and structure requirements.

(1) Minimum lot area. A separate ground area of not less than 10,000 square feet for a single-family detached use, 12,000 square feet for a two-family use, with the minimum lot area per dwelling unit being not less than 6,000 square feet, 22,000 square feet for a single-family attached use, with the minimum lot per area dwelling unit being not less than 7,250 square feet, and 30,000 square feet for a multi-family use, with a minimum lot per dwelling unit being not less than 3,750 square feet.

(2) Minimum lot width. A minimum lot width shall be provided for each lot used for a permitted or special use as provided in the following:

(a) Single-family detached: 75 feet;

(b) Two-family attached: 80 feet;

(d) Multi-family: 120 feet.

(3) Yards.

(a) Front yard. All structures shall be set back at least 25 feet from the front lot line.

(b) Side yard. All structures shall be set in from the side lot line a distance of not less than ten feet on any side for one or one and one-half story structures; the least side shall be increased by two feet and the sum of the two sides by three feet for each additional story.

(4) Maximum height. No principal structure shall exceed three stories or 45 feet in height.

(5) Minimum size of dwelling. Each dwelling shall contain the following minimum square footage requirements.

(a) Each single story, single-family, detached dwelling shall contain at least 1,200 square feet of livable floor area, exclusive of basement or garage space.

(c) Each unit in a two-family dwelling shall contain a minimum of 1,000 square feet of livable floor area, exclusive of basement or garage space.

(d) Each unit in an attached single-family building shall contain a minimum of 750 square feet of livable floor area, exclusive of basement or garage space.

(e) Each unit in a multi-family building shall contain a minimum of 600 square feet of livable floor area, exclusive of basement or garage space.

(6) Required construction. An attached garage with a minimum capacity of two cars is required to be constructed at the time of construction of each residential unit except for units in multi-family structure.

(H) Special provisions.

(1) Off-street parking and loading, see §§ 162.150 through 162.159.

(2) Signs, see §§ 162.170 through 162.180.

(Ord. 656, passed 7-2-2001)

§ 162.064 C-1 LOCAL SHOPPING DISTRICT.

(A) Description of district. The C-1 Local Shopping District is intended to provide areas to be used by retail or service establishments to supply convenience goods or personal services for the daily needs of the residents living in adjacent residential neighborhoods. The district is designed to encourage shopping centers with planned off-street parking and loading and provide for existing individual or small groups of local stores. This district is normally located on primary or secondary thoroughfares, is relatively small in size, and has bulk standards comparable to the bulk standards for low-density residential districts.

(1) Churches;

(2) Civil/public buildings/municipal buildings (including but not limited to village halls, police stations and public work facilities);

(3) Dry cleaning establishments;

(4) Laundromats;

(5) Financial institutions, excluding drive-through facilities;

(6) Offices; business or professional, including but not limited to medical, optical, dental and chiropractic;

(7) Playgrounds and parks;

(8) Specialty shops including but not limited to antique shops, art and school supplies, bookstores, camera shops, card shops, candy shops, florists, news stands, gift shops, jewelry stores, record shops, tobacco shops, hobby shops and other similar type uses; and

(9) Service facilities including barber and beauty shops, artists’ studios, photographers, drug stores, locksmiths, shoe repair, tailors, travel agents and other similar type uses including:

(a) Video sales and rentals; and

(b) Dormitories, fraternities and clubs.

(1) Similar and compatible uses to those allowed as “permitted uses” in this district;

(2) Bars, taverns and package liquor stores;

(3) Day care centers;

(4) Financial institutions, with drive-through facilities;

(5) Food stores, grocery stores, meat markets, bakeries and delicatessens;

(6) Hotel and/or motel;

(7) Nursing home or assisted living facility;

(8) Planned unit developments;

(9) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the Village Board. Including, but not limited to:

(a) Electrical substations and booster stations;

(b) Filtration plan, pumping station, well and water reservoir;

(d) Sewage treatment plant;

(e) Telephone exchange and microwave relay tower; and

(f) Other government and utility uses.

(10) Restaurants, excluding drive-through.

(D) Temporary permit uses permitted. Upon application to and issuance by the Building Commissioner of a permit therefor, the following uses may be operated as temporary uses:

(1) Temporary building or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building or yard and the area of permitted operation. Each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than four successive periods at the same location;

(2) Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location;

(3) Real estate subdivision sign not to exceed 100 square feet for each face. Sign shall be nonilluminated. Each permit shall specify the location of the sign. Each permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location;

(4) Bazaar, dance and/or carnival; provided, however, that each permit shall be valid for a period of not more than seven days; and provided, further, that a period of at least 90 days shall intervene between the termination of one permit and the issuance of another permit for the same location;

(5) Christmas tree sales; each permit shall be valid for a period of not more than 60 days; and

(6) Parking lot designated for a special event; provided, however, that each permit shall be valid only for the duration of the designated special event.

(E) Accessory uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use. Those uses are subject to supplementary regulations outlined in § 162.089.

(F) Site and structure requirements.

(1) Minimum lot area. None required, except that each residential use shall meet any other required bulk and density requirements set forth in this chapter.

(2) Yards.

(a) Front yard. All structures shall be set back at least 20 feet from the front lot line.

(b) Side yard. None required; however, if a yard is provided, it shall be not less than five feet. Adjoining a residential district, a side yard of not less than ten feet shall be provided.

(3) Maximum height. No structure or portion thereof shall exceed a height of two and one-half stories, or 35 feet.

(4) Floor area ratio. Not to exceed 1.0.

(G) Landscaping requirements. All development in the C-1 District shall be landscaped as follows.

(1) All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs, and shall be maintained by the property owner.

(2) Trees in front yards shall be planted at a ratio of at least one, two and one-half-inch caliper shade tree for every 30 feet of street frontage. Strategic grouping of trees is encouraged, as opposed to even spacing of trees.

(3) Yard areas shall be landscaped at a ratio of at least one shrub or tree for every ten feet of the principal building’s nearest exterior wall. Strategic grouping is also encouraged.

(4) For parking areas greater than 30 spaces, a minimum of 20 square feet of interior landscaped area per space shall be provided. In order to qualify as an interior landscaped area, the area shall be located wholly within or projecting inward from the boundaries of the parking area.

(H) Special provisions.

(1) Enclosure of operations. All business, servicing or processing shall be conducted within completely enclosed buildings, except off-street parking or loading.

(2) Parking requirements.

(a) In accordance with the applicable regulations set forth in §§ 162.150 through 162.159. of this chapter. In addition, the parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over one and one-half tons capacity, except for pickup and delivery services.

(b) For parking areas greater than 30 spaces, a minimum of 20 square feet of interior landscaped area per space shall be provided. In order to qualify as an interior landscaped area, the area shall be located wholly within or projecting inward from the boundaries of the parking area.

(3) Sign requirements. In accordance with the regulations of signs, see §§ 162.170 through 162.180.

(4) Scope of operations. All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold on the premises where produced.

(5) Outdoor storage. Outdoor storage is prohibited.

(6) Screening. In accordance with § 162.091.

(Ord. 656, passed 7-2-2001; Ord. 792, passed 10-19-2005)

§ 162.065 C-2 COMMUNITY SHOPPING DISTRICT.

(A) Description of district. The C-2 Community Shopping District is intended to provide areas to accommodate retailing and service needs of a wider population than the C-1 District. The district is normally located adjacent to arterial and major collector streets.

(1) Any use permitted in the C-1 District;

(2) Bicycle sales, rental and repair stores;

(3) Catering establishments, including pizza delivery;

(4) Clothing and shoe stores, costume rental and sales;

(5) Clubs, lodges and meeting halls;

(6) Day care centers;

(7) Department, discount, general retail and variety stores;

(8) Electric appliance stores including radio and television sales and repair;

(9) Food stores, grocery stores, meat markets, bakeries and delicatessens;

(10) Funeral homes, mortuaries, cemeteries and mausoleums;

(11) Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use;

(12) Greenhouses, nurseries, garden supply, tool and seed stores;

(13) Hardware stores;

(14) Household appliance stores, sales, service and rental;

(15) Interior decorating shops, including upholstering and making of draperies, slipcovers and other similar articles, when conducted as a part of the retail operations and secondary to the principal use;

(16) Museums and art galleries;

(17) Musical instrument sales and repair;

(18) Office supply stores;

(19) Pet stores and animal grooming shops;

(20) Radio and television stations and recording studios;

(21) Recreational centers, health and fitness centers and athletic clubs;

(22) Restaurants, excluding drive-through facilities;

(23) Schools for business, professional or technical training, music or dance;

(24) Sporting goods stores;

(25) Theaters, indoor; and

(26) Toy stores.

(1) All permitted and special uses which include drive-through facilities;

(2) Amusement establishments including, but not limited to, bowling alleys, pool halls, dance halls, skating rinks, video arcades and banquet facilities;

(3) Animal hospitals;

(4) Automobile service stations, repair facilities and car washes when used in conjunction with the automobile service station;

(5) Banks and financial institutions with drive-through facilities;

(6) Bars, taverns and package liquor stores;

(7) Car washes;

(8) Hotels and motels;

(9) Nursing home or assisted living facility;

(10) Planned unit development; and

(11) Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the Village Board. Including, but not limited to:

(a) Electrical substations and booster stations;

(b) Filtration plan, pumping station, well and water reservoir;

(d) Sewage treatment plant;

(e) Telephone exchange and microwave relay tower; and

(f) Other government and utility uses.

(D) Temporary permit uses permitted. Upon application to and issuance by the Building Commissioner of a permit therefore, the following uses may be operated as temporary uses: “C-1" temporary permit uses.

(F) Site and structure requirements.

(1) Minimum lot area. None required, except that each residential use shall meet any other required bulk and density requirements set forth in this chapter.

(2) Yards.

(a) Front yard. All structures shall be set back at least 20 feet from the front lot line.

(b) Side yard. None required, except if a yard is provided it shall be not less than ten feet. Where a C-2 property adjoins a residential district side yard shall be provided, of ten feet.

(c) Rear yard. There shall be a rear yard of not less than 10% of the depth of the lot, provided, however, the rear yard need not exceed ten feet in depth. However, if the property adjoins a residential district, a rear yard of at least 20 feet shall be provided.

(3) Maximum height. No structure or portion thereof shall exceed a height of three stories, or 45 feet, and no accessory structure shall exceed one story or 15 feet in height.

(4) Floor area ratio. Not to exceed 2.0.

(G) Landscaping requirements. All development in the C-2 District shall be landscaped as follows:

(1) All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs, and shall be maintained by the property owner;

(3) Yard areas shall be landscaped at a ratio of at least one shrub or tree for every ten feet of the principal building’s nearest exterior wall. Strategic grouping is also encouraged; and

(H) Special provisions.

(1) Parking requirements. In accordance with §§ 162.150 through 162.159 regulations. For parking areas greater than 30 spaces, a minimum of 20 square feet of interior landscaped area per space shall be provided. In order to qualify as an interior landscaped area, the area shall be located wholly within or projecting inward from the boundaries of the parking area.

(2) Sign requirements. In accordance with §§ 162.170 through 162.180 regulations.

(3) Outdoor sales. All outdoor sales space shall be provided with a permanent durable, and dustless surface, and shall be graded and drained as to dispose of all surface water.

(4) Outdoor storage. Outdoor storage is prohibited.

(5) Waste materials. No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces.

(6) Screening. In accordance with § 162.091 below.

(Ord. 656, passed 7-2-2001; Ord. 792, passed 10-19-2005)

§ 162.066 C-3 TOWN CENTER BUSINESS DISTRICT.

(A) Description of district. The C-3 Town Center Business (“TCB”) District is intended to accommodate retail, service, office and residential uses which are characteristic of a traditional main street business district.

(B) District limits. The C-3 TCB District shall be limited to an area defined as being between Spencer Street and Gardner Avenue and between Chicago Avenue and the east line of the west half of Section 29 in Jackson Township.

(C) Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this chapter, for other than one or more of the following specified uses:

(1) Civic buildings;

(2) Dwelling units, above the first floor level;

(3) Eating and drinking establishments;

(4) General retail;

(5) Offices; general, business or professional, medical or dental;

(6) Photography studios, including the developing of film when conducted as part of the retail business on the premises;

(7) Theaters (indoor);

(8) Pharmacy, drug store;

(9) Florists;

(10) Video store;

(11) Antique store;

(12) Music shop;

(13) Delicatessen, meat market, butcher shop;

(14) Services, including but not limited to barber shops, beauty shops, laundries, tailor shops, shoe repair, banks and financial institutions (including drive-through facilities when located to the rear of the building) and similar stores for the conducting of a service; and

(15) Other uses consisting of the same general character as the above permitted uses as recommended by the Zoning Officer and approved by the Village Board.

(D) Special uses permitted. The following uses shall be permitted only if specifically authorized by the Village Board:

(1) Community centers;

(2) Cultural institutions;

(3) Farmer’s markets;

(4) Day care and nursery schools;

(5) Parking lots and garages;

(6) Public and private utility facilities;

(7) Planned unit developments; and

(8) Outdoor eating and drinking establishments.

(E) Temporary uses permitted. Upon application to and issuance by the Building Commissioner of a permit therefore, the following uses may be operated as temporary uses: “C-2" temporary permitted uses.

(F) Required conditions. The following conditions shall be required.

(1) Subdivisions must be submitted and developed as planned unit developments.

(2) All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.

(3) Residential units are only allowed above the first floor of mixed use buildings where the first floor is devoted to business uses. Residential units shall contain a minimum of 800 square feet of livable area.

(4) Buildings should be located upon or at a “build to” line established as part of the planned unit development. A “build to” line shall be situated within the minimum and maximum setback requirements established by this district. Existing lots without a “build to” line shall have structures placed according to the setback requirements in this district.

(5) All businesses, services or processing, except for outdoor eating and drinking establishments, shall be conducted within completely enclosed buildings. The outdoor sale of merchandise shall be permitted in accordance with applicable village regulations related to outdoor sales and seasonal sales.

(6) No outdoor storage of goods, materials and other products is allowed.

(7) Landscaping, screening and outdoor lighting shall conform to applicable village regulations, except that landscaping requirements may be varied as part of a planned unit development as determined by the Village Board.

(8) All developments and buildings are subject to site plan approval by the Village Board.

(G) Site and structure requirements.

(1) Minimum lot area. 5,000 square feet.

(2) Minimum lot width. 25 feet.

(3) Yards.

(a) Front yard. All buildings shall be setback a minimum of ten feet from the front and corner side lot lines. No building shall be setback further than 15 feet from the front or corner side lot line.

(b) Side yard. No side yards are required if abutting a nonresidential use. A minimum of ten feet is required for any side yard abutting a residential use.

(c) Rear yard. No rear yard is required if abutting nonresidential use. When abutting a residential use, a rear yard equivalent to that required in the adjoining residential district is required.

(4) Frontage build-out. A minimum of 75% of the lot frontage of each TCB lot must be occupied by a principal building located in accordance with the established front yard requirements.

(5) Building height limitations. The maximum height for all buildings and structures in the TCB District shall be three stories not to exceed 40 feet. No one-story buildings shall be allowed within the TCB District.

(6) Signs. Permitted in accordance with §§ 162.170 through 162.180, except that:

(a) Free standing signs shall be permitted only when the height does not exceed four feet and the total sign area does not exceed 20 square feet;

(b) Sidewalk signs shall be permitted and shall not exceed one per business and not more than eight square feet in total sign area; and

(c) Signs shall be included in the site plan submittal and shall be designed to be complementary to the architectural character of the downtown.

(7) Off-street parking and loading. Permitted in accordance with this chapter, except that the following additional conditions shall apply.

(a) Parking shall not be allowed between the building and the street, except that one row of on-street parking shall be allowed.

(b) Parking shall be either to the side of a building or to the rear.

(d) The Village Board may waive the off-street parking requirements or a portion thereof where it is deemed prudent or justified by a parking/use study showing that adequate on-street or municipal parking is available.

1. In such cases, a payment in-lieu-of parking may be imposed equal to the cost of surface parking spaces required but not provided.

2. Payment in-lieu-of parking shall be made prior to the issuance of a certificate

of occupancy.

(H) Additional district regulations.

(1) Developments shall be designed to create a distinctive retail and civic center that marks the center of the community.

(2) Design considerations shall be implemented to be pedestrian-friendly and accessible. Pedestrian amenities such as benches, walkways and pocket parks should be utilized. Additional design details shall be established through the planned unit development.

(3) Architectural guidelines shall be established as part of the planned unit development and shall provide for the construction of buildings which are representative of traditional, historic “Main Street” architecture. Buildings or lots not part of a PUD shall be designed in the same manner.

(Ord. 656, passed 7-2-2001; Ord. 792, passed 10-19-2005; Ord. 881, passed 11-21-2007)

§ 162.067 C-4 HIGHWAY COMMERCIAL DISTRICT.

(A) Description of district. The C-4 Highway Commercial District is intended to accommodate only the essential motorist services of food, lodging and the refueling and minor repair of motor vehicles at locations in close proximity to the intersections of major arterial highways and at the interchanges of interstate routes; to accommodate large scale commercial uses such as supermarkets and all-purpose shopping; to protect adjacent development areas from the objectionable influences of noise, odor and traffic congestion; to prevent adjacent under-developed land from undesirable development precedents that would unreasonably restrict future use of the land; and to promote the most desirable land use and traffic patterns in accordance with the objectives of the Comprehensive Plan.

(1) Any uses permitted in the C-2 District;

(2) Automobile, truck and recreational vehicle sales and rental;

(3) Automobile service stations, repair facilities and car washes when used in conjunction with automobile service stations;

(4) Banks and financial institutions, including drive through facilities;

(5) Drive-through establishments;

(6) Hotels and/or motels;

(7) Restaurants, including drive through facilities;

(8) Supermarkets;

(9) Shopping malls;

(10) Shopping centers; and

(11) Drive-in establishments.

(1) Planned unit development; and

(2) Outdoor storage of goods.

(D) Temporary uses. Upon application to and issuance by the Building Commissioner of a permit therefore, the following uses may be operated as temporary uses: temporary uses allowed in the C-1 District.

(F) Site and structure requirements.

(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2) Minimum lot width. No minimum lot width is required.

(3) Yards.

(a) Front yard. All structures shall be setback at least 40 feet from the front lot line. Additional setback of structure may be required by state or federal authorities if frontage is on a state or federal highway.

(b) Side yard. No setback is required, except that if a yard is provided it shall be no less than ten feet.

(c) Rear yard. There shall be a rear yard of not less than 10% of depth of the lot, however, such yard need not exceed ten feet.

(d) Adjacency to a residential district. When a rear or side yard in this district abuts a residential district, no principal building shall be allowed within 40 feet of the residential lot line.

(4) Floor area ratio. Not to exceed 1.0

(5) Building height limitations. No building shall exceed three stories or 45 feet in height.

(G) Landscaping requirements. All development in the C-4 District shall be landscaped as follows:

(1) All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs, and shall be maintained by the property owner.

(2) Trees in front yards shall be planted at a ratio of at least one, two and one-half inch caliper shade tree for every 30 feet of street frontage. Strategic grouping of trees is encouraged, as opposed to even spacing of trees.

(3) Yard areas shall be landscaped at a ratio of at least one shrub or tree for every ten feet of the principal building’s nearest exterior wall. Strategic grouping is also encouraged.

(H) Special provisions.

(1) Parking requirements.

(a) In accordance with §§ 162.150 through 162.159 regulations.

(b) For parking areas greater than 30 spaces, a minimum of 20 square feet of interior landscaped area per space shall be provided.

(c) In order to qualify as an interior landscaped area, the area shall be located wholly within or projecting inward from the boundaries of the parking area.

(2) Sign requirements. In accordance with §§ 162.170 through 162.180 regulations.

(3) Outdoor sales. All outdoor sales space shall be provided with a permanent durable, and dustless surface, and shall be graded and drained as to dispose of all surface water.

(4) Outdoor storage. In accordance with § 162.090.

(5) Waste materials. No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces.

(6) Screening. In accordance with § 162.091.

(Ord. 656, passed 7-2-2001)

§ 162.068 I-1 OFFICE, RESEARCH AND LIGHT INDUSTRIAL DISTRICT.

(A) Description of district. The I-1 Office, Research and Light Industrial District is intended to provide an environment suitable for and limited to research and development activities, office, warehousing and light manufacturing enterprises. The more stringent conditions and restrictions applied in this district are intended to preserve the quality of life in adjacent districts by encouraging a high degree of design quality, open space and environmental quality.

(1) Accessory uses;

(2) Banks and financial institutions;

(3) Clinics; medical and dental;

(4) Hotels and motels;

(5) Laboratories, offices and other facilities (including ancillary uses) for research and development or technical services conducted by or for any individual, organization or concern, public or private. These uses include, but are not limited to:

(a) Engineering and testing laboratories;

(b) Medical and dental laboratories;

(d) Any outdoor testing of animal, plant or other biological and genetic research is prohibited.

(6) Manufacturing activities, including but not limited to electronic and scientific precision instruments manufacture, cloth product manufacture, light machinery production and assembly, printing and publishing; excluding those uses which may be obnoxious or pose a nuisance for any reason including the emission of toxic or hazardous substances, odor, noise, dust, smoke or gas;

(7) Office uses;

(8) Pilot plants in which processes planned for use in production elsewhere can be treated to the extent reasonably necessary for full investigation of the merits of a product or process including commercial viability;

(9) Public and private utility-type and governmental service uses;

(10) Production of prototype products when limited to the scale reasonably necessary for full investigation of the merits of a product, including commercial viability;

(11) Training and educational facilities; and

(12) Warehousing and distribution facilities, but excluding motor freight terminals.

(C) Special land uses permitted. The following uses shall be permitted only if specifically authorized by the Village Board:

(1) Banks and financial institutions including drive-through facilities;

(2) Buildings whose height exceeds the maximum building height in the I-1 District (see Density and Dimensional Regulations below);

(3) Clubs, lodges and fraternal organizations;

(4) Day care centers;

(5) Parking areas including structures, as a principal use of a property;

(6) Planned unit development;

(7) Residence of the proprietor, caretaker or watchman, when located on the premises; and

(8) Restaurants.

(D) Temporary uses permitted. Upon application to and issuance by the Building Commissioner of a permit therefor, the following uses may be operated as temporary uses:

(3) Real estate subdivision sign not to exceed 100 square feet for each face. Signs shall be nonilluminated. Each permit shall specify the location of the sign. Each permit shall be valid for a period of not more than one year and shall not be renewed for more than five successive periods at the same location.

(E) Accessory buildings and uses permitted. Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership or control, on the same or on an immediately adjacent parcel, which may be separated by either public or private roadways, and does not include structures or features inconsistent with the permitted use or special use. Those uses are subject to supplementary regulations outlined in § 162.089.

(F) Density and dimensional requirements.

(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2) Minimum lot width. A minimum lot width of 150 feet shall be provided for each lot used for a permitted or special use.

(3) Building setback requirements.

(a) Front yard. No principal building shall be allowed within 50 feet of any front lot line or street right-of-way line.

(b) Side yard. No principal building shall be allowed within 20 feet of any side lot line.

(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(e) Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 50 feet of the residential lot line.

(4) Maximum site coverage. Site coverage shall not exceed 40%.

(5) Building height limitations. No building shall exceed four stories or 45 feet in height. This height may be increased to a maximum of 100 feet by a special use permit, as long as all yard setbacks are increased by a ratio of one foot for each two feet, or portion thereof, of increased building height over 45 feet, provided that no front yard setback exceeds 150 feet and no side or rear yard exceeds 75 feet.

(G) Landscaping requirements. All development in the I-1 district shall be landscaped as follows.

(1) All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs, and shall be maintained by the property owner.

(3) Yard areas shall be landscaped at a ratio of at least one shrub or tree for every ten feet of the principal building’s nearest exterior wall. Strategic grouping is also encouraged.

(4) (a) For parking areas greater than 30 spaces, a minimum of 20 square feet of interior landscaped area per space shall be provided.

(b) In order to qualify as an interior landscaped area, the area shall be located wholly within or projecting inward from the boundaries of the parking area.

(H) Special provisions.

(1) Waste materials. No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces.

(2) Other regulations. The following list references the appropriate sections of this chapter which specify the other regulations governing development in this district:

(a) Off-street parking and loading, see §§ 162.150 through 162.159;

(b) Signs, see §§ 162.170 through 162.180;

(d) Screening, see § 162.091.

(Ord. 656, passed 7-2-2001)

§ 162.069 I-2 LIGHT INDUSTRIAL DISTRICT.

(A) Description of district. The I-2 Light Industrial District is intended to allow industrial uses that are conducted in such a manner so as to not be detrimental to the rest of the community by reason of noise, vibration, smoke, dust, toxic or noxious materials, odor, fire, explosive hazards, glare or heat.

(1) Accessory uses;

(2) Airports, heliports and landing strips;

(3) Any use whose primary function is the light manufacturing, fabricating, assembly, disassembly, processing or treatment of goods and services, including but not limited to:

(a) Appliances;

(b) Bottling companies;

(d) Clothing and textiles;

(e) Drugs;

(f) Electrical components;

(g) Food processing, food manufacture, bakeries;

(h) Furniture, bedding and carpet manufacture;

(i) Glass and ceramics;

(j) Paper and paper products;

(k) Plastic and fiberglass;

(l) Sheet metal;

(m) Tools; and

(n) Wood assembly and finishing.

(4) Automobile, truck and recreational vehicle sales, rental and service;

(5) Banks and financial institutions;

(6) Building material sales and storage;

(7) Business, professional and technical training schools;

(8) Cartage and express facilities;

(9) Farm equipment sales and service;

(10) Golf courses and other open space recreational uses;

(11) Lumber yards;

(12) Machine shops;

(13) Motor and rail freight terminals;

(14) Offices (business, professional, governmental or medical);

(15) Outdoor storage, as a principal use, except junkyards, salvage yards and wrecked vehicle storage yards;

(16) Parking lots and garages, as a principal use;

(17) Pilot plants in which processes planned for use in production elsewhere can be treated to the extent reasonably necessary for full investigation of the merits of a product or process including commercial viability;

(18) Printing and publishing establishments, newspapers, duplicating services;

(19) Public and private utility-type and governmental service uses;

(20) Research laboratories and facilities;

(21) Self-service storage facilities;

(22) Showrooms and retail outlets;

(23) Tire stores, sales and service;

(24) Union halls, hiring halls, and trade associations;

(25) Warehouses, storage and distribution facilities;

(26) Welding; and

(27) Woodworking.

(C) Special land uses permitted. The following uses shall be permitted only if specifically authorized by the Village Board:

(1) Banks and financial institutions including drive-through facilities;

(2) Buildings whose height exceeds the maximum building height in the I-2 district (see density and dimensional regulations below);

(3) Car washes;

(4) Dwelling unit (one only) when used by the caretakers and their families, who own or are employed in the allowable commercial or industrial use of the premises, and which may be located on the ground floor;

(5) Gas stations;

(6) Junkyards, salvage yards and automobile graveyards;

(7) Planned unit developments;

(8) Railroad yard, including switching, storage, loading, unloading and maintenance facilities, except those considered accessory to a permitted use, which shall be considered as a permitted use;

(9) Recreational and social facilities, including health clubs, lodges and fraternal organizations;

(10) Recycling centers;

(11) Restaurants; and

(12) Sanitary landfills, solid waste transfer stations, composting, energy reclamation facilities, incinerators and similar uses, but excluding hazardous or radioactive waste disposal.

(D) Temporary uses permitted. Upon application to and issuance by the Building Commissioner of a permit therefor, the following uses may be operated as temporary uses: temporary permit uses permitted in the I-1 District.

(F) Density and dimensional requirements.

(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2) Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or special use.

(3) Building setback requirements.

(a) Front yard. No principal building shall be allowed within 50 feet of any front lot line or street right-of-way line.

(b) Side yard. No principal building shall be allowed within ten feet of any side lot line.

(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(4) Maximum site coverage. Site coverage shall not exceed 60%.

(G) Landscaping requirements. All development in the I-2 district shall be landscaped as follows.

(1) All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs, and shall be maintained by the property owner.

(3) Yard areas shall be landscaped at a ratio of at least one shrub or tree for every ten feet of the principal building’s nearest exterior wall. Strategic grouping is also encouraged.

(H) Special provisions.

(1) Waste materials. No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces.

(2) Other regulations. The following list references the appropriate sections of this chapter which specify the other regulations governing development in this district:

(a) Off-street parking and loading, see §§ 162.150 through 162.159;

(b) Signs, see §§ 162.170- through 162.180;

(d) Screening, see § 162.091.

(Ord. 656, passed 7-2-2001)

§ 162.070 I-3 HEAVY INDUSTRIAL DISTRICT.

(A) Description of district. The I-3 Heavy Industrial District is intended to be located in areas so that its permitted and special uses are conducted in such a manner so as not to be detrimental to the rest of the community by reason of their noise, vibration, smoke, dust, toxic or noxious materials, odor, fire, explosive hazards, glare or heat that may be incidental to their operations. Further development of residences is prohibited in this district to keep residential uses from absorbing any adverse effects of the industries and to conserve the supply of industrial land for industrial use.

(B) Uses permitted. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided for in this chapter, for other than one or more of the following uses:

(1) Any use permitted in the I-2 Light Industrial District;

(2) Accessory uses;

(3) Any use whose primary purpose includes the heavy manufacturing, fabrication, assembly, disassembly, processing, storage or treatment of goods and services, including but not limited to:

(a) Asphalt products;

(b) Concrete and cement products;

(d) Motor vehicles; and

(e) Paints, inks.

(4) Manufacturing, compounding, processing and storage of flammable liquids, gases, chemicals, acids, fertilizers;

(5) Public and private utility-type uses and governmental service uses;

(6) Railroad yards, including switching, storage, loading, unloading and maintenance facilities;

(7) Recycling centers;

(8) Synthetic natural gas plants;

(9) Petroleum production, refining and storage; and

(10) Power plants.

(C) Special land uses permitted. The following uses shall be permitted only if specifically authorized by the Village Board:

(1) Car washes;

(2) Drive-in banking facilities;

(3) Dwelling unit (one only) when used by the caretakers and their families, who own or are employed in the allowable commercial or industrial use of the premises, and which may be located on the ground floor;

(4) Foundries, forges and smelters;

(5) Mining operations;

(6) Junkyards, salvage yards and automobile graveyards;

(7) Planned unit developments;

(8) Sanitary landfills, solid waste transfer stations, composting, energy reclamation facilities, incinerators and similar uses, but excluding hazardous or radioactive waste disposal;

(9) Steel mills;

(10) Those adult uses more particularly described and set forth in Chapter 111 of this Code of Ordinances, regulating adult related businesses within the village, which shall be subject to the following conditions:

(a) No person shall operate or cause to be operated an adult use within 1,000 feet of the property boundary of a preexisting:

1. Public or private elementary or secondary school;

2. Licensed day care center;

3. Cemetery;

4. Public park;

5. Public housing;

6. Municipal or other public buildings;

7. Place of religious worship;

8. Any district that permits residential dwellings; or

9. Adult use; and

(11) Industrial warehouse and distribution facilities, including container storage stacking of up to five containers.

(b) Those conditions and requirements described and set forth in Chapter 111, regulating adult related businesses within the village, and as amended.

(D) Temporary uses permitted. Upon application to and issuance by the Building Commissioner or a permit therefor, the following uses may be operated as temporary uses: temporary permit uses in the I-1 and I-2 District.

(E) Accessory buildings and uses permitted.

(1) Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership or control, on the same or on an immediately adjacent parcel, which may be separated by either public or private roadways, and does not include structures or features inconsistent with the permitted use or special use.

(2) Those uses are subject to supplementary regulations outlined in § 162.089 below.

(3) Notwithstanding anything contained in this Zoning Ordinance to the contrary, including without limitation division (D) above in the I-3 Heavy Industrial District:

(a) Accessory buildings, structures or uses may occupy more than 10% of the area on which the main building is situated, and may be higher than the principal building; and

(b) Temporary trailers, buildings or yards for construction administration, materials and equipment, both incidental and necessary for construction in the I-3 Zoning District, shall be considered permitted accessory buildings and uses which do not require a temporary use permit and which are not subject to an express limited duration.

(F) Density and dimensional requirements.

(1) Minimum lot area. A minimum lot area of 15 acres shall be provided for each lot used for a permitted or special use, except for public and private utility-type and governmental service uses, which may have a minimum lot area of not less than five acres, unless a smaller area is deemed reasonable and appropriate by the Village Board.

(2) Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or special use.

(3) Building setback requirements.

(a) Front yard. No principal building shall be allowed within 40 feet of any front lot line or street right-of-way line.

(b) Side yard. No principal building shall be allowed within ten feet of any side lot line.

(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(e) Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 100 feet of the residential lot line.

(4) Maximum site coverage. Not more than 70% of the lot area may be occupied by buildings and structures, including accessory buildings.

(5) Building height limitations. No building shall exceed four stories or 45 feet in height. This height may be increased to a maximum of 100 feet as long as all yard setbacks are increased by a ratio of one foot for every two feet, or portion thereof, of increased building height over 45 feet, provided that no front yard setback exceeds 150 feet and no side or rear yard exceeds 75 feet. Chimneys, cooling towers, elevator head houses, monuments, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, power lines, power poles or necessary equipment and mechanical appurtenances usually required to be placed above the roof level are not subject to the height limitations herein prescribed.

(6) Maximum principal buildings on a lot. Notwithstanding anything contained in this chapter to the contrary, more than one principal building may be located on a zoning lot in an I-3 Heavy Industrial District.

(G) Landscaping and screening requirements.

(1) When, at the time of initial construction, an I-3 industrial use is located adjacent to a lesser intense zoning classification within the village, excluding those properties zoned A-1 Agricultural, the following landscape and screening provisions shall be required.

(a) All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs, and shall be maintained by the property owner.

(b) Trees in front yards shall be planted at a ratio of at least one, two and one-half inch caliper shade tree for every 30 feet of street frontage. Strategic grouping of trees is encouraged, as opposed to even spacing of trees.

(c) Yard areas shall be landscaped at a ratio of at least one shrub or tree for every ten feet of the principal building’s nearest exterior wall. Strategic grouping is also encouraged.

(d) For parking areas greater than 30 spaces, a minimum of 20 square feet of interior landscaped area per space shall be provided. In order to qualify as an interior landscaped area, the area shall be located wholly within or projecting inward from the boundaries of the parking area.

(2) The terms of these landscaping and screening provisions will not apply in the event an I-3 Industrial use becomes adjacent to a lesser intense classification within the village (excluding those properties zoned A-1 Agricultural) subsequent to the time of original construction.

(H) Special provisions.

(1) Waste materials. No materials or wastes shall be deposited upon a lot in such a form that they may be transferred off the property by natural causes or forces.

(2) Other regulations. The following list references the appropriate sections of this chapter which specify the other regulations governing development in this district:

(a) Off-street parking and loading, see §§ 162.150 through 162.159;

(b) Signs, see §§ 162.170 through 162.180;

(d) Screening, see § 162.091.

(Ord. 656, passed 7-2-2001; Ord. 706, passed 12-2-2002; Am. Ord. 984, passed 7-27-2011)

§ 162.071 I-4 LARGE SCALE INDUSTRIAL PLANNED DEVELOPMENT DISTRICT.

(A) Purpose.

(1) The purpose of a large scale industrial planned development is to permit:

(a) Large-scale industrial development that would not be possible under the strict application of the other sections of this chapter;

(b) A creative approach to the use of land and related physical facilities that results in better development and design;

(d) A land use which promotes the public health, safety, comfort, morals and welfare; and

(e) Developers of large-scale and complex industrial projects to have the flexibility to complete those projects.

(2) The I-4 District is intended to provide for large-scale developments incorporating a variety of industrial, manufacturing, intermodal rail, commercial or business uses which are planned and developed as a unit or in multiple phases. The development may consist of conventional subdivided lots or provide for development by a special industrial planned development concept plan which establishes the general location and extent of the features of the special industrial planned unit development.

(B) Minimum land area. A large scale industrial planned development shall be approved only on contiguous parcels of 1,500 acres or more, under single ownership or unified development control, subject to an overall site development plan.

(1) Category A: Intermodal and related uses. Permitted uses:

(a) Intermodal, rail and truck facilities, including switching yards, freight yards, maintenance facilities, buildings customarily accessory to a railroad yard; outdoor and indoor storage of motor vehicles, freight and materials;

(b) Uses specified as either permitted or special uses in the I-2 Industrial District;

(d) Governmental offices and facilities; and

(e) Public or private utilities, including, but not limited to water wells, water treatment plants, pumping stations, sewage treatment plants, lift stations, electric power generation plants, substations and facilities necessarily accessory thereto.

(2) Category B: Industrial Park Uses.

(a) Permitted uses:

1. Industrial warehouse and distribution facilities, including:

A. Container storage stacking of up to five containers high in the area of Deer Run Industrial Park (the “DRIP”) commonly known as “CY 2”);

B. Container storage stacking of up to three containers high, and trailer storage in area of DRIP commonly known as “CY 1”; and

C. Grain loading and unloading operations in the westerly ten acres of the area in DRIP commonly known as “CY 2,” which acres are legally described and depicted on Exhibit A attached to Ord. 988 and by this reference incorporated herein;

2. Office uses;

3. Light manufacturing and assembly; and

4. Uses and buildings accessory to the foregoing.

(b) Conditional uses:

1. Hotels and motels;

2. Gasoline service stations, including truck stops with sleeping facilities, restaurants and retail uses;

3. Restaurants, including fast food restaurants with drive-through facilities;

4. Banks or other financial institutions with drive-up facilities and automatic teller machines (ATM);

5. Governmental offices and facilities;

6. Public or private recreation facilities, including parks;

7. Public or private utilities, including, but not limited to water wells, water treatment plants, pumping stations, sewage treatment plants, lift stations, electric power generation plants, substations and facilities necessarily accessory thereto;

8. Business uses as set forth as permitted or special uses in C-1 and C-2 Districts; and

9. Dray storage facility.

(3) Category C: Residential Protection Zone.

(a) Permitted uses:

1. Industrial warehouse and distribution facilities;

2. Office uses;

3. Light manufacturing and assembly;

4. Hotels and motels;

5. Restaurants, including fast-food restaurants with drive-through facilities;

6. Business uses as set forth as permitted or special uses in the C-1 Local Shopping Center District except residential uses;

7. Banks or other financial institutions with drive-up facilities and automatic teller machines (ATM);

8. Government offices and facilities;

9. Public or private recreation facilities, including parks;

10. Public or private utilities but specifically excluding water treatment plants, sewage treatment plants, electric power generation plants; and

11. Uses and buildings accessory to the foregoing.

(b) Conditional uses: none.

(D) Site and structure requirements.

(1) Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2) Minimum lot width. One hundred fifty feet.

(3) Building setback requirements.

(a) Front yard. Not less than 40 feet, if the maximum building height does not exceed 35 feet (exclusive of towers, lift equipment, HVAC and similar facilities). For buildings with a height in excess of 35 feet, the front yard setback shall be increased by one foot for each additional two feet of building height, to a maximum of 100 feet.

(b) Side yard. Ten feet.

(d) Exception. Building setback requirements described above for side and rear yards adjacent to a railroad siding shall not be applicable.

(4) (a) Green space requirement. All lots or parcels shall have a front yard green space in which no improvements other than landscaping shall be permitted (utility pedestals and boxes and underground utilities shall not be prohibited by this requirement).

(b) Green space setback. Along primary roadways as designated in the concept plan the green space setback shall be 30 feet. Along all other public and private roadways in the development the green space setback shall be ten feet.

(c) Green space landscaping. At least 50% of the required front yard green space area shall be landscaped with trees, shrubs. The remainder of the required area may be landscaped with turf grass or other ground covers approved by the village. Wherever practical, berms should be used in conjunction with the landscaping.

(5) Maximum lot coverage permitted. Maximum lot coverage permitted in this category shall be subject only to compliance with the bulk regulations and set backs herein specified.

(6) Adjacency to a residential district. Where any yard in this district abuts an existing residential zoning district, no building shall be erected within 50 feet of the residential lot line if the building height does not exceed 35 feet. For buildings with a height in excess of 35 feet, the setback from a residential lot line shall be increased by one foot for each additional two feet of building height, to a maximum of 100 feet.

(7) Adjacency to Maple Hill Cemetery. Where any yard in this district abuts the property line of Maple Hill Cemetery, no building or structure shall be erected within 80 feet of the cemetery’s property line.

(8) Exception for Category A Uses. Category A Uses (as shown on an approved concept plan) shall not be subject to any setback regulations set forth herein, except for the residential district setback.

(9) Other regulations and standards.

(a) Off-street parking and loading. Off-street parking and loading shall be provided in accordance with §§ 162.135 through 162.139.

(b) Landscaping requirements.

1. General. The perimeter of all large scale industrial planned developments shall be landscaped with a berm, seeded or sodded and improved with trees and shrubs if adjacent to any property either zoned for residential use or improved with an occupied residence within 250 feet of any property line of the large scale industrial planned development.

2. Category A. No landscaping required except that the village may reasonably require perimeter berms or landscaping to screen such areas from adjacent residential property, public rights-of-way or other roadways.

3. Category B.

a. Green space requirement as per division (D)(4) above. There shall be a minimum 10 foot landscaped area adjacent to any public or private roads. The landscape buffer provided herein may be included in any calculation of the minimum front yard on any lot. The landscape buffer area shall be landscaped with trees, shrubs or other natural plant material.

b. All building entryways shall be landscaped with trees or shrubs.

c. All foundation areas shall be landscaped.

4. Category C.

a. All areas within Category C shall be landscaped in accordance with the requirements applicable to Category B above.

b. All parking areas in Category C shall be landscaped in accordance with the following: curbed, landscaped islands shall be provided at the end of each parking row. No more than 20 adjacent parking spaces shall be located in a single parking row without a landscaped island.

c. Islands or medians shall be a minimum of six feet in width as measured from back of curb to back of curb.

d. Islands or medians shall be landscaped with trees, shrubs and other ground covers or turf grass. Shrubs and ground covers shall have a maximum height of 30 inches.

(c) Sidewalks. Shall be not required in the Category A or Category B subdistricts except on primary or secondary roadways.

(d) Declaration of covenants, conditions and restrictions. Contemporaneous with the approval of any final plat of subdivision in a large scale industrial planned development, the owner and developer shall prepare and record a declaration of covenants, conditions, easement and restrictions for that portion of the development, providing, inter alia, for a property owner’s association (which may be an addition to an existing association) with authority to impose assessments for maintenance and improvements within the platted area.

(E) Approval process. A large scale industrial planned development shall be granted in accord with the following procedures and may depart from the normal procedures, standards and other requirements of this chapter. Applications shall be accompanied by the required plats and documents.

(1) Pre-hearing procedure, conference. Prior to the filing of an application for approval of a large scope industrial planned development, the developer shall request an informal meeting with the Plan Commission to discuss the conceptual development of the land in conjunction with the village land use plan. The pre-hearing conference is mandatory but does not require formal application, fee or filing of a concept plan.

(2) Concept plan. A concept plan for a large scale industrial planned development shall be submitted to the President and Board of Trustees, who shall refer same to the Plan Commission for public hearing, report and recommendation as to whether or not the President and Board of Trustees shall grant approval.

(a) Concept plan requirements. The concept plan shall include, at a minimum, the following information and data:

1. Boundaries delineating each use category (A, B or C) and the proposed limits of each category on the subject property;

2. Primary and secondary roadways, whether public or private, shall be delineated on the concept plan and labeled as “primary” or “secondary”. Local roads or access roads need not be shown;

3. Any planned permanent open space or conservation areas should be delineated on the concept plan; and

4. Any other improvements necessary to portray the overall concept and guide the preliminary and final plats and plans should be shown on the concept plan.

(b) Concept plan procedure.

1. The Plan Commission shall hold a public hearing on the application, giving notice of the time and place not more than 30 nor less than 15 days before the hearing publishing a notice thereof at least once in newspaper published or having general circulation within the village.

2. Copies of the concept plan and supporting data shall be submitted to the Village Engineer and Village Planner for certification as to conformity with these regulations, recommendations, and suggestions regarding the overall design, if any.

3. Following the public hearing and review of the concept plan and supporting data for conformity to these regulations, the Plan Commission shall, within 30 days recommend approval, modification, or disapprove and the reasons therefor, to the President and Village Board.

4. As a condition to the approval of the concept plan, the Plan Commission shall set forth in a separate communication to the President and Board of Trustees, findings of fact, on which they base the approval.

5. The President and Board of Trustees after receipt of the concept plan from the Plan Commission, shall approve, modify or disapprove. In the case of approval, or approve with modification, the Village Board shall pass an ordinance approving the concept plan and indicate their approval upon the plat, and arrange zoning modifications as necessary. The Village Board may require such special conditions as they may deem necessary to insure conformance with the intent of Comprehensive Plan, and the stated purposes of this zoning district.

6. Approval of a concept plan shall not constitute approval of the final plan. Rather it shall be deemed an expression of approval to the design concept and site submitted on the concept plan and a guide to the preparation of the final plat which will be submitted for approval of the village and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. Preliminary and final plats shall be approved if they conform to the purpose and intent of the concept plan.

7. A preliminary and final plat may be filed and approved simultaneously.

(3) Preliminary plat.

(a) Preliminary plat requirements. The preliminary plat shall conform substantially with the approved concept plan, the preliminary plat requirements for a large scale planned industrial development shall be the same as those established in Chapter 161 of this code, except that, in addition, to these requirements, the applicant shall submit a preliminary landscape plan.

(b) Preliminary plat procedure. The preliminary plat procedure for a large scale planned industrial development shall be the same as those established in Chapter 161 of this code.

(D) Final plat and final engineering plan.

(1) Final plat and final engineering plan requirements. The final plat and final engineering plan shall conform substantially with the approved concept plan and approved preliminary plat. The final plat and final engineering plan requirements for a large scale planned industrial development shall be the same as those established in Chapter 161 of this code.

(2) Final plat and final engineering plan procedure. The final plat and final engineering plan procedure for a large scale planned industrial development shall be the same as those established in Chapter 161.

(F) Changes in the large scale industrial planned unit development.

(1) The large scale industrial planned development project shall be developed only according to the approved final plat and final engineering plans and all supporting data.

(2) The concept plan, preliminary plat, final plat and supporting data, together with all recorded amendments shall be binding on applicant, their successors, grantees and assigns and shall limit and control the use of premises and location of structures in the large scale industrial planned development.

(a) Major changes. Changes which materially alter the concept or intent of the development may be approved only by submission of a new preliminary plat and supporting data and following the “preliminary approval” steps and subsequent amendment of the concept plan and preliminary plat. All changes to the final plat shall be recorded with the County Recorder of Deeds as amendments to the final plat or reflected in the recording of a new “corrected final plat.”

(b) Minor changes. The Village Board may approve minor changes, errors or omissions, in the development which do not change the concept or intent of the development, without going through the “preliminary approval” steps. Minor changes shall be any change which are not material changes to the concept or intent of the development.

(G) Findings required. The Plan Commission shall provide findings of fact setting forth the reasons for its recommendation, and as findings shall set forth with particularity in which respects the proposal would serve the public interest including but not limited to findings of fact on the following:

(1) The extent to which the proposed plan is consistent with the stated purpose of the large scale industrial planned development regulations;

(2) The extent to which the proposed plan meets the requirements and standards of this zoning district;

(3) The physical design of the proposed plan and the manner in which the design makes adequate provision for public services and provides adequate control over vehicular traffic;

(4) The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood; and

(5) The desirability of the proposed plan to physical development, tax base and economic well-being of the entire community.

(H) Conditions and guarantees. Prior to the approval of a concept plan, the Plan Commission may recommend, and the Village Board may stipulate, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the special industrial planned unit development as deemed necessary for the protection of the public interest, improvement of the development, protection of the adjacent area, and to secure compliance with the standards specified. In all cases in which a large scale industrial planned development is granted, the Village Board shall require evidence and guarantees as are appropriate to ensure compliance with the conditions set forth in the development approval.

(Ord. 656, passed 7-2-2001; Ord. 706, passed 12-2-2002; Ord. 825, passed 9-20-2006; Ord. 946, passed 6-17-2009; Am. Ord. 988, passed 9-21-2011)