In the B-1 district, no building or land shall be used and no building shall be hereafter erected, converted, enlarged or structurally altered, except for one or more of the following uses. (The following named uses shall be deemed to include those uses or buildings in general keeping with and appropriate to the uses hereinafter specified.):

Accessory buildings and uses customarily incident to the following uses, including a sign or bulletin board relating only to services, articles and products offered within the building.

Any use in the R-3 district except single-family and two-family dwellings, rowhouses, churches, public or private elementary or high schools for students, the majority of whom are no more than eighteen (18) years of age, publicly owned parks and playgrounds and cemeteries.

Antennas and towers for personal wireless services in conformance with section 9-2-5 of this title.

Apartments with not less than four hundred (400) square feet of usable floor area per family, provided they are located on the second floor and above a business use permitted in this district.

Bakery whose products are sold at retail on the premises.

Bank, savings and loan association.

Beauty supply stores, not greater than one thousand (1,000) square feet in area.

Business or commercial school.

Commercial parking lots.

Equipment service shop, such as radio shop, television shop, electrical appliance shop, record shop, locksmith shop, upholstering shop, but expressly excluding those uses listed in the B-2, I-1 and I-2 districts.

Food catering establishments.

Food lockers.

Mortuaries.

Personal grooming services, provided that no such business is located within five hundred feet (500') of another business providing personal grooming services in conformance with subsection 9-4A-5C of this article.

"Personal service shop", as defined in section 9-1-5 of this title.

Post office.

Professional or service office.

Recreation or amusement building, expressly excluding those listed in B-2, I-1 and I-2 districts.

Restaurant and/or liquor licensees, but not including drive-in and drive- through restaurants.

Shop or store for conduct of retail business, including supermarkets, but expressly excluding those uses listed in the B-2, I-1 and I-2 districts.

Store for collection and distribution of laundry and dry cleaning articles, but not for the treatment, cleaning of such articles except self-service laundries. (April 1969; amd. Ord. O-16-63, 10-14-1963; Ord. O-9-93, 3-8-1993; Ord. O-8-98, 2-23-1998; Ord. O-25-12, 7-23-2012; Ord. O-25-13, 9-23-2013; Ord. O-43-21, 12-13-2021)

The following conditional uses may also be permitted by the Village Council in accordance with the procedures specified in this title. Application for conditional use is to be made to the Planning and Zoning Commission and after public notice and hearing on the petition according to law, the Planning and Zoning Commission shall refer the petition with such recommendations as it may make to the Village Council for its action, all in accordance with the procedure specified in chapter 10 of this title.

Any use permitted in the R-3 district not listed under section 9-3C-1 of this title.

Animal grooming and boarding.

Billboards, on publicly owned property, and only as permitted by the village sign ordinance 1 .

Bus or taxi terminal stations.

Drive-in and drive-through facilities, where services and/or products (excepting the dispensing of gasoline and similar motor vehicle fluids) are provided directly to customers/clients in motor vehicles.

Money lenders, including any person, partnership, association, limited liability company, corporation or other business combination or entity which engages in the business of making loans which are typically secured by a post dated check or title to a motor vehicle; but not including any financial institution or business entity which accepts secured deposits.

Monument works.

Publicly owned parks and playgrounds.

Tobacco shops, which includes any retail store where more than ten percent (10%) of the retail space is devoted to the sale of tobacco and/or tobacco related products. (April 1969; amd. Ord. O-17-73, 7-28-1973; Ord. O-02-01, 1-08-2001; Ord. O-1-04, 1-12-2004; Ord. O-20-22, 5-9-2022)

The following restrictions shall apply to this district:

   A.   Sales of secondhand merchandise is prohibited.

   B.   All business or service or processing of aforesaid stores, shops or businesses shall be conducted wholly within a completely enclosed building, except for automotive parking and off street loading, and sale of automotive fuel, monuments and bus and taxi terminal stations. All business or service or processing of aforesaid stores, shops or businesses existing at the time of the passage of this title which are not conducted wholly within a completely enclosed building, except for automobile parking and off street loading, and sale of automotive fuel, monuments and bus and taxi terminal stations, must provide such enclosed building for such use within twelve (12) months from the date of passage of this title.

   C.   Outdoor listings and displays prohibited in any yard.

   D.   The repair or processing of goods shall be limited to those which are not objectionable by reason of odor, dust, smoke, noise, vibration, heat or glare of water carried waste.

   E.   No more than two (2) persons shall be engaged in fabrication, repair and processing of materials, except that this provision shall not apply to the preparation of food in restaurants, cafes or soda fountains.

   F.   All products produced, whether primary or incidental, shall be sold at retail on the premises where produced.

   G.   Outside storage of materials or supplies is prohibited.

   H.   Any lighting must be so placed as to reflect the light away from lots in residential district.

   I.   No commercial use and/or incidental use associated with the commercial use will be permitted which is injurious to health or safety of humans or animals, or injurious to vegetation; and which is noxious, or offensive by reason of the emission of smoke, dust, gas fumes, odors, noises (including music) or vibrations beyond the limits of the premises upon which such use is conducted. (April 1969)

   A.   Building Height: No building or structure hereafter erected or structurally altered shall exceed five (5) stories nor sixty feet (60') in height. (Ord. O-16-63, 10-14-1963)

   B.   Intensity Of Use: When living facilities are a part of the commercial structure, there shall be a lot area per family of not less than one thousand two hundred fifty (1,250) square feet. In no event shall more than eighty percent (80%) of the lot to be covered by buildings. (April 1969)

   C.   Yards:

      1.   Front Yard: There shall be a front yard having a depth of not less than twenty feet (20') except that no front yard shall be required (if the use is for business purposes) and where all the frontage on one side of the street between the intersecting streets is used for business. No fences shall be hereafter built or erected between the front setback line of the buildings except natural fences of hedge, trees or shrubbery. (Ord. O-9-93, 3-8-1993)

      2.   Side Yard: Where a corner lot or part thereof is used for any of the commercial purposes permitted in this district, the yard on the side of a lot adjacent to the street shall not be less than five feet (5') in width except that the buildable width of the lot shall not be less than twenty five feet (25'). In all other cases, a side yard is not required except on the side of a lot abutting on a residential district, in which case there shall be a side yard of not less than five feet (5'). (Ord. O-16-63, 10-14-1963)

      3.   Rear Yard: There shall be a rear yard having a depth of not less than twenty five feet (25') or twenty percent (20%) of the depth of the lot, whichever amount is smaller. One-half (1/2) of an alley abutting the rear of a lot may be included in the rear yard to satisfy rear yard requirements, but such alley space shall not be included for loading and unloading berths.

   D.   Vision Clearance On Corner Lots: Five feet (5') from the intersection of property lines.

   E.   Accessory Buildings And Uses: When not attached to the principal building, accessory buildings and uses shall not be less than three feet (3') from the side lines and rear lines of the lot. (April 1969)

   A.   Lot Of Record: Notwithstanding the regulations of section 9-4A-4 of this article, an existing lot of record may be used for any of the nondwelling uses permitted in section 9-4A-1 of this article. (Ord. O-16-63, 10-14-1963)

   B.   Parking Regulations: Whenever a building is erected, converted or structurally altered for a use permitted in the B-1 district, there shall be provided an available and accessible off street parking area as shall be required by the applicable provisions of chapter 8 of this title. (April 1969)

   C.   Measuring Required Separations Between Uses: When permitted or conditional uses must be separated by a certain distance, that distance shall be measured between the closest front property corners between the uses being compared as follows:

      1.   Between uses located on the same side of the same street: The measurement shall be the distance along the front property lines separating the two (2) closest front lot line corners of the properties being compared.

      2.   Between uses located on opposite sides of the same street: The measurements shall be the distance as measured from the front property line corner closest to the property it is being compared to, beginning at that point and extending perpendicular across the right of way to the front lot lines on the opposite side of the street, then along the front lot lines to the closest property corner of the properties being compared.

      3.   Between uses located on different streets: The measurement shall be the distance as measured from the front property line corner closest to the property it is being compared to, beginning at that point and extending along the front and/or corner side lot lines to the nearest corner of property to which it is being compared, utilizing a ninety degree (90°) line to cross a right of way, if necessary. (Ord. O-25-12, 7-23-2012)

In the B-2 district, no building or land shall be used and no building shall be hereafter erected, enlarged, converted or structurally altered, except for one or more of the following uses:

Any use permitted in the B-1 district.

Automobile service stations and garages with repair work conducted entirely within enclosed buildings.

Bakery, dyeing and cleaning works or laundry, provided primary purpose is to serve retail trade.

Bowling alleys.

Bus, railroad or taxi terminal station.

Community buildings, museums and libraries.

Electric transforming or converting station.

Hospitals, clinics, nursing and convalescent homes.

Hotels and motels.

Municipal, state or federal office buildings.

Nonmanufacturing laboratories.

Plumbing shop.

Printing shop.

Private clubs and lodges, except skeet and gun clubs.

Public garage and automobile salesroom, including all weather surfaced, open air lot for display of motor vehicles in good operating condition.

Radio or television broadcasting station.

Restaurant with entertainment.

Rooming house.

Store for conduct of wholesale business, excluding a building for the principal use of which is for a public storage warehouse.

Tavern and/or liquor licensees.

Telegraph service station.

Telephone exchange.

Theater, except open air drive-in theater.

Veterinary hospital and clinic, expressly excluding outside kennels. (April 1969; amd. Ord. O-16-63, 10-14-1963; Ord. O-6-66, 3-28-1966; Ord. O-18-12, 5-14-2012)

The following conditional uses may also be permitted by the Village Council in accordance with the procedures specified in this title. Application for conditional use is to be made to the Planning and Zoning Commission and after public notice and hearing on the petition according to law, the Planning and Zoning Commission shall refer the petition with such recommendations as it may make to the Village Council for its action, all in accordance with the procedure specified in chapter 10 of this title.

Any conditional use permitted in the B-1 district in accordance with the procedures specified herein.

Adult-Use Cannabis Dispensing Organization, in compliance with the State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirement of chapter 8 of this title for Adult-Use Cannabis Dispensing Organization provided that no such business is located within five hundred feet (500') of an existing school or church. (Ord. O-22-14, 9-8-2014; amd. Ord. O-02-20, 1-13-2020; Ord. O-20-22, 5-9-2022)

The following restrictions shall apply to this district:

   A.   Sales of secondhand merchandise is prohibited.

   B.   The repair or processing of goods shall be limited to those which are not objectionable by reason of odors, dust, smoke, noise, vibration, heat or glare or water carried waste.

   C.   No more than ten (10) persons shall be engaged in fabricating, repair and processing of materials, except that this provision shall not apply to the preparation of food in restaurants, cafes and soda fountains except by approval of the Planning and Zoning Commission after public hearing.

   D.   Outside storage of materials or supplies is prohibited.

   E.   Any lighting must be so placed as to reflect the light away from lots in residential districts.

   F.   No commercial use and/or incidental use associated with commercial use will be permitted which is injurious to health or safety of humans or animals, or injurious to vegetation; and which is noxious or offensive by reason of the emission of smoke, dust, gas fumes, odors, noises (including music) or vibration beyond the limits of the premises upon which such use is conducted.

   G.   All business in or servicing from the stores, shops or activities permitted in section 9-4B-1 of this article shall be conducted wholly within a completely enclosed building, except for permissible drive-in and drive-through restaurants, restaurants with patio areas, automobile parking, off street loading, sale of automobiles and service stations. All business in or service from permitted uses which are not wholly within an enclosed building existing at the time of passage of this title, except for the exempt uses listed in this subsection, shall be moved into an enclosed building within twelve (12) months from the date of passage of this title. (Ord. O-16-63, 10-14-1963; amd. Ord. O-7-86, 5-27-1986; Ord. O-20-22, 5-9-2022)

   A.   Building Height: No building or structure hereafter erected or structurally altered shall exceed seven (7) stories nor seventy five feet (75') in height. (Ord. O-16-63, 10-14-1963)

   B.   Front Yard: There shall be a front yard of not less than twenty feet (20') except that no front yard shall be required if the use is for business purposes and all the frontage on one side of the street between the intersecting streets is used for business. No fences shall be hereafter built or erected between the front setback line of the building except natural fences or hedges, trees or shrubbery. (Ord. O-9-93, 3-8-1993)

   A.   Parking: Whenever a building is erected, converted or structurally altered for a use permitted in the B-2 district, there shall be provided an available and accessible off street parking area as shall be required by the applicable provisions of chapter 8 of this title. (April 1969)

The Downtown Business District (DBD) is established to promote a pedestrian friendly service and retail shopping experience, to minimize negative secondary effects in surrounding residential neighborhoods, and to serve as an area destination for its restaurants and specialized shops. (Ord. O-71-09, 12-14-2009)

In the DBD District, no building or land shall be used and no building shall be hereafter erected, converted, enlarged or structurally altered, except for one or more of the following uses. The following named uses shall be deemed to include those uses or buildings in general keeping with, and appropriate to, the uses hereinafter specified:

   Accessory buildings and uses customarily incident to the following uses, including a sign or bulletin board relating only to services, articles and products offered within the building, subject to the B-1 and B-2 sign regulations.

   Adult-Use Cannabis Dispensing Organization, in compliance with the State of Illinois Cannabis Regulation and Tax Act and meeting the parking requirement of chapter 8 of this title, provided that no more than one Adult Use Cannabis Dispensing Organization shall be permitted in the Downtown Business District.

   Antique store.

   Art gallery.

   Artist studio.

   Bakery.

   Collectibles store.

   Dance studio, not greater than two thousand five hundred (2,500) square feet.

   Dry cleaner, no cleaning on premises.

   Dwelling unit above ground floor retail, provided that no such dwelling unit may be less than eight hundred (800) square feet.

   Financial institution.

   Fitness center, not greater than two thousand five hundred (2,500) square feet.

   Florist.

   Government office, not exceeding two thousand five hundred (2,500) square feet.

   Home occupation.

   Incubator kitchen, subject to the following conditions:

      A.   Single Owner: The facility must be owned by a single person or entity and may not have multiple owners.

      B.   Owner License Required: No facility may be established without all licenses as required by this Code.

      C.   Multiple-Use By Rental Only: If the facility will be used at any time by persons or entities other than the owner of the facility, then that use must be by a written rental agreement.

      D.   User License Required: No person or entity may rent or use a shared kitchen facility without all licenses as required by this Code.

   Interior designer.

   Locksmith.

   Massage establishment, as defined and subject to compliance with all regulations pertaining to massage establishments in section 3-7-2 of this Code.

   Music instruction, incidental to retail music stores, or not greater than two thousand five hundred (2,500) square feet.

   Personal grooming services, provided that no such business is located within five hundred feet (500') of another business providing personal grooming services in conformance with subsection 9-4C-5C of this article, except that the five hundred foot (500') separation shall not be required if personal grooming services are conducted in addition to a permitted retail store, Downtown Business District (DBD), in compliance with all of the following requirements:

      A.   The personal grooming services and the retail store must be under the same property and business ownership;

      B.   The combined space for the retail store and the area used for personal grooming services shall not be greater than three thousand seven hundred fifty (3,750) square feet;

      C.   A minimum of one thousand six hundred (1,600) square feet of contiguous space shall be used solely for retail sales;

      D.   No part of the area used for personal grooming services may be located within sixty feet (60') of the Madison Street right-of-way.

   Postal, mailing and small office services shops not greater than two thousand five hundred (2,500) square feet, that provide copying, mailing, printing or other similar services.

   Professional uses as such term is defined in section 9-1-5 of this title, anywhere east of Des Plaines Avenue except on the first floor (grade level) within fifty feet (50') of the Madison Street right-of-way.

   Professional uses as such term is defined in section 9-1-5 of this title, anywhere west of Des Plaines Avenue.

   Public or semipublic parking structure not exceeding fifty feet (50') in height with street level retail no less than sixty percent (60%) of the linear front lot line footage.

   Realtor.

   Restaurants.

   "Retail store, Downtown Business District (DBD)", including such stores with classes associated with the primary use as defined in section 9-1-5 of this title.

   Self-defense studio, not greater than two thousand five hundred (2,500) square feet.

   Shared office space.

   Shoe repair.

   Tailor.

   "Temporary parking lot", as defined and regulated by title 3 of this Code.

   Wine merchant. (Ord. O-71-09, 12-14-2009; amd. Ord. O-19-10, 5-10-2010; Ord. O-33-13, 12-16-2013; Ord. O-04-15, 1-26-2015; Ord. O-06-17, 2-27-2017; Ord. O-15-17, 6-12-2017; Ord. O-12-19, 4-8-2019; Ord. O-25-19, 8-26-2019; Ord. O-05-22, 2-13-2023)

The following conditional uses may also be permitted by the Village Council in accordance with the procedures specified in this title. Application for conditional use is to be made to the Planning and Zoning Commission, and after public notice and hearing on the petition according to law, the Planning and Zoning Commission shall refer the petition with such recommendations as it may make to the Village Council for its action, all in accordance with the procedure specified in chapter 10 of this title.

   Animal boarding, anywhere west of Des Plaines Avenue, provided this service is operated in conjunction with a related retail use.

   Animal daycare, anywhere west of Des Plaines Avenue, provided this service is operated in conjunction with a related retail use.

   Animal grooming, anywhere west of Des Plaines Avenue, provided this service is operated in conjunction with a related retail use.

   Automobile oriented uses and facilities, including car washes and drive-in and drive-through facilities, where services and/or products are provided directly to customers/clients in motor vehicles, except within fifty feet (50') of the Madison Street right-of-way.

   Bed and breakfast inns and hotels.

   Brewpub restaurant, as authorized by title 3, chapter 3 of this Code.

   Mortuaries.

   Performance venue.

The following restrictions shall apply to this district:

   A.   Secondhand stores and the sale of secondhand merchandise are prohibited.

   B.   Except for approved sidewalk sales, open markets, and temporary events, all business, service, or processing of aforesaid stores, shops or businesses shall be conducted wholly within a completely enclosed building, except for automotive parking, off street loading, refuse receptacles, sale of automotive fuel, and/or bus and taxi terminal stations. All business, service or processing of aforesaid stores, shops or businesses existing at the time of the passage of this title which are not conducted wholly within a completely enclosed building, except for automobile parking and off street loading, sale of automotive fuel, and bus and taxi terminal stations, must provide such enclosed building for such use by April 10, 2007.

   C.   Outdoor listings and displays of merchandise are prohibited.

   D.   The repair or processing of goods shall be limited to those which are not objectionable by reason of odor, dust, smoke, noise, vibration, heat or glare or water carried waste.

   E.   No more than two (2) persons shall be engaged in the fabrication, repair or processing of materials, except that this provision shall not apply to the preparation of food in restaurants, cafes or soda fountains, or for artists who create items for sale in permitted artist studios and art galleries.

   F.   All products produced, whether primary or incidental, shall be sold at retail on the premises where produced.

   G.   Outside storage of materials or supplies is prohibited on the street side, except as otherwise provided by this code.

   H.   Any lighting must be erected in a manner to reflect the light away from lots in residential districts.

   I.   No commercial use and/or incidental use associated with the commercial use will be permitted which is injurious to health or safety of humans or animals, or injurious to vegetation; and which is noxious, or offensive by reason of the emission of smoke, dust, gas fumes, odors, noises (including music) or vibrations beyond the limits of the premises upon which such use is conducted.

   J.   Mobile vendors are prohibited. (Ord. O-71-09, 12-14-2009)

In the DBD downtown business district, buildings are intended to be placed close to the street to create a vibrant pedestrian environment, to slow traffic down, provide a storefront character to the street, and encourage pedestrian traffic. The setback standards are designed to be flexible to encourage public spaces between sidewalks and building entrances (e.g., extra wide sidewalks, plazas, squares, outdoor dining areas, and pocket parks). The standards also encourage the formation of solid blocks of commercial and mixed use buildings for a walkable downtown.

Building setbacks are measured from the building line to the respective property line. Setbacks for porches are measured from the edge of the deck or porch to the property line. The setback standards, as listed below, apply to primary structures as well as accessory structures. The standards may be modified only by approval of a variation, in accordance with section 9-10-6 of this title.

   A.   Front Yard Setbacks: Except as provided in section 9-4C-4-6 of this article, the front setback of a principal structure shall be equal to the established setbacks of any existing adjoining principal structures, or coterminous with the front lot line, if there are no adjoining principal structures.

   B.   Rear Yard Setbacks: The minimum rear yard setback for all structures shall be twenty five feet (25') or twenty percent (20%) of the depth of the lot, whichever amount is lesser. One- half (1/2) of an alley abutting the rear of a lot may be included in the rear yard to satisfy rear yard requirements, but such alley space shall not be included for loading and unloading berths.

   C.   Side Yard Setbacks: Except as provided in section 9-4C-4-6 of this article, there is no minimum side yard setback required, except that buildings shall conform to applicable fire and building codes for attached structures, firewalls, and related requirements.

   D.   Setback Exceptions: Eaves, chimneys, bay windows, overhangs, cornices, awnings, canopies, porches, decks, pergolas, and similar architectural features may encroach into setbacks by not more than one-third (1/3) of the distance into a required yard or into a required open space, subject to compliance with applicable standards of the building code and fire code. Walls and fences may be placed on the property line, subject to the requirements of title 8, chapter 8 of this code. Vision clearance on corner lots shall be a minimum five feet (5') from the intersection of property lines. (Ord. O-71-09, 12-14-2009)

There is no lot coverage requirement, except that compliance with other sections of this code may preclude full (100 percent) lot coverage for some land uses. (Ord. O-71-09, 12-14-2009)

All of the developments listed in sections 9-4C-1 and 9-4C-2 of this article shall be oriented to a street. The building orientation standard is met when all of the following criteria are met:

   A.   Setbacks: The minimum setback standards in this section 9-4C-4 are met.

   B.   Entrances: Buildings have their primary entrance(s) oriented to (facing) the front lot line. Building entrances may include entrances to individual units, lobbies, entrances oriented to pedestrian plazas, or breezeway/courtyard entrances (i.e., to a cluster of units or commercial spaces). Alternatively, a building may have its entrance facing a side yard when a direct pedestrian walkway not exceeding fifteen feet (15') in length is provided between the building entrance and the street right of way.

   C.   Variances: The standards of this section may be varied to address topographic or other physical constraints, in accordance with the provisions for variations in section 9-10-6 of this title.

(Ord. O-71-09, 12-14-2009)

All buildings in the downtown business district shall be no more than four (4) stories or fifty feet (50') in height, whichever is greater. (Ord. O-71-09, 12-14-2009)

   A.   Purpose And Applicability: The DBD architectural guideline standards are intended to provide detailed, human scale design, while affording flexibility to use a variety of building styles. This section applies to all of the following types of buildings:

      1.   Public and institutional buildings, except those buildings that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and

      2.   Commercial and mixed use buildings subject to site plan review.

   B.   Guidelines And Standards: Each of the following standards shall be met. An architectural feature used to comply with one standard may be used to comply with another standard.

      1.   Detailed Storefront Design: All buildings shall contribute to the storefront character and visual relatedness of DBD buildings. This criterion is met by providing all of the architectural features listed in subsections B1a through B1e of this section, along the front building elevation (i.e., facing the street), as applicable. Note: The example shown above is meant to illustrate required building design elements, and should not be interpreted as a required architectural style.

         a.   Corner building entrances on corner lots. Alternatively, a building entrance may be located away from the corner when the building corner is beveled or incorporates other detailing to reduce the angular appearance of the building at the street corner.

         b.   Regularly spaced and similar shaped windows with window hoods or trim (all building stories).

         c.   Large display windows on the ground floor (nonresidential uses only). Display windows shall be framed by bulkheads, piers and a storefront cornice (e.g., separates ground floor from second story, as shown above).

         d.   Decorative cornice at top of building (flat roof), or eaves provided with pitched roof.

         e.   All buildings subject to design review shall comply with the district architectural guidelines as indicated in the village publication entitled "Forest Park Main Street Design Guidelines", as may be amended from time to time.

      2.   Design Of Large Scale Buildings And Developments: The standards in subsection B2c of this section shall apply to "large scale buildings and developments", as defined in subsections B2a and B2b of this section.

         a.   Buildings with greater than ten thousand (10,000) square feet of enclosed ground floor space (i.e., "large scale"). Multi- tenant buildings shall be counted as the sum of all tenant spaces within the same building shell; and

         b.   Multiple building developments with a combined ground floor space (enclosed) greater than twenty thousand (20,000) square feet (e.g., shopping centers, public/institutional campuses, and similar developments).

         c.   All large scale buildings and developments, as defined in subsections B2a and B2b of this section, shall provide human scale design by conforming to all of the following criteria:

            (1)   Incorporate changes in building direction (i.e., articulation), and divide large masses into varying heights and sizes, as shown above. Such changes may include building offsets; projections; changes in elevation or horizontal direction; sheltering roofs; terraces; a distinct pattern of divisions in surface materials; and use of windows, screening trees; small scale lighting (e.g., wall mounted lighting, or uplighting); and similar features. Note: The example shown above is meant to illustrate examples of these building design elements, and should not be interpreted as a required architectural style.

            (2)   Every building elevation adjacent to a street with a horizontal dimension of more than fifty feet (50'), as measured from end wall to end wall, shall have a building entrance; except that building elevations that are unable to provide an entrance due to the internal function of the building space (e.g., mechanical equipment, areas where the public or employees are not received, etc.) may not be required to meet this standard. Pathways shall connect all entrances to the street right of way, in conformance with title 10, "Subdivision Regulations", of this code. (Ord. O-71-09, 12-14-2009)

   A.   Purpose And Applicability: This section is intended to complement the building orientation standards in section 9-4C-4-4 of this article, by providing comfortable and inviting pedestrian spaces within the downtown business district. Pedestrian amenities serve as informal gathering places for socializing, resting, and enjoyment of the village's downtown, and contribute to a walkable district. This section applies to all of the following types of buildings:

      1.   Mixed use developments;

      2.   Planned developments;

      3.   Public and institutional buildings, except that the standard shall not apply to buildings which are not subject to site design review or those that do not receive the public (e.g., buildings used solely to house mechanical equipment, and similar uses); and

      4.   Commercial and mixed use buildings subject to site design review.

   B.   Guidelines And Standards: Every development shall provide one or more of the "pedestrian amenities" listed in subsections B1 through B5 of this section and illustrated above. (Note: The example shown above is meant to illustrate examples of pedestrian amenities. Other designs may be used.) Pedestrian amenities may be provided within a public right of way when approved by the applicable jurisdiction.

      1.   A plaza, courtyard, square or extra wide sidewalk next to the building entrance (minimum width of 10 feet);

      2.   Sitting space (i.e., dining area, benches or ledges between the building entrance and sidewalk; minimum of 16 inches in height and 30 inches in width);

      3.   Building canopy, awning, pergola, or similar weather protection over a sidewalk or other pedestrian space;

      4.   Public art, which incorporates seating (e.g., fountain, sculpture, etc.);

      5.   Transit amenities, such as a bus shelter or pullout, or bicycle racks as recommended and approved by the director of public health and safety. (Ord. O-71-09, 12-14-2009)

This section supplements the standards contained in section 9-4C-4-4 of this article. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the downtown business district:

Residential mixed uses.

Bed and breakfast inns and hotels.

Accessory uses and structures.

Automobile oriented uses and facilities.

   A.   Residential Mixed Uses: Residential units, when mixed with commercial uses, are permitted to encourage housing near employment, shopping and services. All residential developments shall comply with the standards listed in subsections A1 through A6 of this section, which are intended to require mixed use development; conserve the community's supply of commercial land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management and maintenance of common areas. Structures designed and constructed as dwellings and which existed prior to the effective date of this code are exempt from this section.

      1.   Mixed Use Development Required: Residential uses shall be permitted only when part of a mixed use development (residential with commercial or public/institutional use).

      2.   Limitation On Street Level Housing: No first floor street frontage may be occupied by residential uses. This standard is intended to reserve storefront space for commercial uses and public/institutional uses; it does not limit residential uses above the street level on upper stories, or behind street level storefronts. For parcels with street access at more than one level (e.g., sloping sites with 2 street frontages), this limitation on residential building space shall apply to all street frontages.

      3.   Intensity Of Use: When living facilities are a part of the commercial structure, there shall be a lot area per residential unit of not less than one thousand two hundred fifty (1,250) square feet. In no event shall such lot coverage exceed eighty percent (80%) of such lot.

      4.   Parking, Garages, And Driveways: All off street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the ground floor, or located in parking areas behind or to the side of the building; except that side yards facing a street (i.e., corner side yards) shall not be used for surface parking. All underground or structured parking garage entrances facing a street shall provide for a minimum of sixty percent (60%) retail oriented parking spaces at ground level along that street. On corner lots, garage entrances shall be oriented to an alley or, if no alley is available, to a side street.

      5.   Creation Of Alleys: When a subdivision is proposed, a public or private alley shall be created for the purpose of vehicle access. Alleys may not be required when existing development patterns or topography make construction of an alley impracticable. As part of a subdivision, the village may require dedication of right of way or easements, and construction of pathways between townhome lots (e.g., between building breaks) to provide pedestrian connections through a development site, subject to site plan review.

      6.   Common Areas: All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc.) and building exteriors shall be maintained by a homeowners' association or other legal entity. Copies of any applicable covenants, restrictions and conditions shall be recorded and provided to the village prior to building permit approval.

   B.   Bed And Breakfast Inns And Hotels:

      1.   Intent: To provide temporary travelers' accommodations and breakfast, for a fee, on a daily or weekly room rental basis, as an accessory use in an existing structure designed for and occupied as a single-family residence, or for facilities designed or retrofitted for hotel or motel use.

      2.   Standards:

         a.   Minimal outward modification of the structure or grounds may be made, but only if such changes are compatible with the character of the area or neighborhood and the intent of the zoning district in which it is located. The architectural integrity and arrangement of existing interior spaces must be maintained and the number of guestrooms shall not be increased, except as may be required to meet health, safety, and sanitation requirements.

         b.   Off street parking shall be provided. The front yard shall not be used for off street parking for temporary guests unless the parking area is screened, and designed to be compatible with the neighborhood.

         c.   There must be at least five hundred (500) square feet of gross interior floor area for each rental unit. The maximum potential rental units shall be determined by dividing the gross interior floor area of the structure by five hundred (500) square feet. (Ord. O-71-09, 12-14-2009)

Those facilities providing service to more than six (6) guests are not considered "license exempt" under state law and must comply with state hotel/motel restaurant licensing procedures. (Ord. O-71-09, 12-14-2009; amd. Ord. O-7-10, 2-8-2010)

         d.   One on premises sign may be approved by the village, provided that such sign is compatible with residential uses and is not more than five (5) square feet in size.

         e.   All necessary village, county, and state permits, certifications, or requirements shall be obtained as a condition of approval of a bed and breakfast service.

         f.   Room rentals to families or individuals shall not exceed fourteen (14) consecutive days.

         g.   The Cook County health department shall be required to conduct a general health and safety inspection of the proposed facility. The health department shall impose any conditions required to ensure that all necessary health and safety standards have been met. The applicant shall not initiate any construction activity or make other improvements related to the bed and breakfast facility, or begin operation of the facility prior to a determination, in writing, by the health department that the necessary inspections have been completed and any deficiencies have been corrected to the satisfaction of the health department.

   C.   Accessory Uses And Structures: Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the downtown business district include small workshops, greenhouses, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the downtown business district, as identified in this section 9-4C-4. Accessory structures shall not exceed one hundred twenty (120) square feet in size and shall comply with the following standards:

      1.   Primary Use Required: An accessory structure shall not be allowed in the absence of or prior to the commencement of the primary use.

      2.   Setback Standards: Accessory structures shall comply with the setback standards in this section 9-4C-4, except that the maximum setback provisions shall not apply.

      3.   Design Guidelines: Accessory structures shall comply with the DBD design guidelines, as provided in section 9-4C-4-4 of this article.

      4.   Restrictions: A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right of way.

      5.   Compliance With Subdivision Standards: The owner may be required to remove an accessory structure as a condition of land division approval, when removal of the structure is necessary to comply with setback standards.

   D.   Automobile Oriented Uses And Facilities: "Automobile oriented uses and facilities", as defined below, shall conform to all of the following standards in the downtown business district. The standards are intended to provide a vibrant storefront character, slow traffic down, and encourage walking.

      1.   Defined: "Automobile oriented uses and facilities" means any use or facility in which automobiles and/or other motor vehicles are an integral part of the use, except automobile service stations. These uses are restricted because, when unrestricted, they detract from the pedestrian friendly, storefront character of the district and can consume large amounts of land relative to other permitted uses. Automobile oriented uses and facilities shall include, but not be limited to, the following uses, and shall comply with the following standards:

         a.   Vehicle Repair, Sales, Rental, Storage, Service: Businesses that repair, sell, rent, store, or service automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, and similar vehicles and equipment are permitted when the use is contained within an enclosed building with a front yard not less than twenty feet (20') from a front yard line, twenty five feet (25') from a rear yard line, and five feet (5') from all side yard lines.

         b.   Drive-Up, Drive-In, And Drive-Through Facilities: Requirements for drive-up, drive-in, and drive-through facilities (e.g., associated with restaurants, banks, car washes, and similar uses):

            (1)   Principal buildings shall not be located less than twenty feet (20') from a front yard line, twenty five feet (25') from a rear yard line, and five feet (5') from all side yard lines.

            (2)   Pavement shall not be located less than five feet (5') from any property line abutting a right of way.

            (3)   A minimum of three (3) queuing spaces shall be provided for waiting automobiles in each drive-through traffic lane. A queuing space shall be a minimum of nineteen feet by nine feet (19' x 9'), and queuing spaces may be provided in a tandem arrangement.

            (4)   Drive-through lanes shall not obstruct or interfere with other traffic lanes or parking areas located on the zoning lot.

            (5)   Drive-up, drive-in, and drive-through uses shall not create traffic hazards or congestion on public streets or alleys.

         c.   Car Washes: In addition to any other conditions or limitations required by this chapter, car washes shall be subject to the following conditions and limitations:

            (1)   No car wash building or structure, driveway surface, parking area, advertising device or other similar site improvement, except driveways traversing a public road or boulevard, shall be located within one hundred feet (100') of any part of a residential district site.

            (2)   Each site shall have a minimum frontage of one hundred feet (100').

            (3)   Each site shall be permitted two (2) points of ingress and egress for every one hundred feet (100') of frontage, except that corner lots shall be permitted one point of ingress and egress for every one hundred feet (100') of frontage.

            (4)   Interior curbs of not less than six inches (6") shall be constructed to separate driving surfaces from sidewalks, landscaped areas, and street traveled ways.

            (5)   Interior drives, parking areas, and service stalls shall not be located closer than five feet (5') from a front lot line.

            (6)   Islands for sweeping and vacuuming equipment shall be set back not less than fifteen feet (15') from any street right of way and three feet (3') from any property line not abutting a street right of way.

            (7)   Three (3) queuing spaces for waiting vehicles shall be provided for each washing bay. A queuing space shall be a minimum of nineteen feet by nine feet (19' x 9') and such parking spaces may be provided in a tandem. (Ord. O-71-09, 12-14-2009)

   A.   Lot Of Record: Notwithstanding the regulations of section 9-4A-4 of this chapter, an existing lot of record may be used for any of the nondwelling uses permitted in section 9-4A-1 of this chapter.

   B.   Parking Regulations: Whenever a building is erected, converted or structurally altered for a use permitted in the downtown business district, there shall be provided an available and accessible off street parking area as shall be required by the applicable provisions of section 9-4C-6 of this article.

   C.   Measuring Required Separations Between Uses: When permitted or conditional uses must be separated by a certain distance, that distance shall be measured between the closest front property corners between the uses being compared as follows:

      1.   Between uses located on the same side of Madison: The measurement shall be the distance along the front property lines separating the two (2) closest front lot line corners of the properties being compared.

      2.   Between uses located on opposite sides of Madison: The measurements shall be the distance as measured from the front property line corner closest to the property it is being compared to, beginning at that point and extending perpendicular across Madison to the front lot lines on the opposite side of the street, then along the front lot lines of the property to which it is being compared.

   D.   Nonconforming Uses: In the event that a nonconforming use of any building or zoning lot is discontinued for a period of ninety (90) days, the use of the same shall thereafter conform to the regulations of the district.

Notwithstanding the foregoing, an application to reestablish abandoned residential dwelling units above first floor retail that have units less than eight hundred (800) square feet may be authorized by the Village Council by ordinance after a public hearing conducted by the Planning and Zoning Commission, as provided in section 9-10-4 of this title, subject to the following requirements:

      1.   The principal structure must have been constructed prior to December 31, 2002.

      2.   The space being considered was last used for dwelling units, with no subsequent nonresidential uses.

      3.   No dwelling unit may be less than four hundred (400) square feet in size.

      4.   The total number of dwelling units within the principal structure cannot be more than previously existed.

      5.   The Planning and Zoning Commission and the Village Council make a finding that dwelling units less than eight hundred (800) square feet have been consolidated as reasonably possible to reduce overall density given the locations of windows and load bearing structures, and the architectural characteristics of the building. (Ord. O-71-09, 12-14-2009; amd. Ord. O-08-13, 3-11-2013; Ord. O-20-22, 5-9-2022)

   A.   Intent: It is the intent of the parking regulations to provide for a rational parking requirement consistent with existing land use patterns and use in the downtown business district area. The village of Forest Park currently provides certain municipal parking areas.

   B.   Existing Parking: Off street parking spaces existing as of April 10, 2006, shall not be altered or removed unless authorized by the Village Council by ordinance, and only after an application is made and after public notice and a hearing on said application by the Planning and Zoning Commission, using the procedures for variations outlined in subsection 9-10-6D of this title.

   C.   Parking Requirements: There shall be no off street parking requirement for any newly constructed structures for permitted uses in the downtown business district, except for those existing parking spaces required to be maintained pursuant to subsection B of this section; provided, however, that all residential uses shall provide at least two (2) off street parking spaces per residential dwelling unit. Parking may be required as a condition of approval for newly constructed structures for conditional uses. (Ord. O-71-09, 12-14-2009; amd. Ord. O-20-22, 5-9-2022)