GENERAL PROVISIONS
A
Establishment of new uses. The use of a structure or lot established after the effective date of this comprehensive amendment shall be for a use which is herein specified as a permitted, special or accessory use in the district regulations applicable to the district in which such structure or lot is located.
B
Existing building permits and existing uses.
1
Where a building permit for a structure has been issued in accordance with law prior to the effective date of this comprehensive amendment, and where construction has been begun within six months of such effective date and is being prosecuted to completion within two years of the effective date of this ordinance, the structure may be completed in accordance with the approved plans and, further, may, upon completion, be occupied under a certificate of occupancy for the use originally designated.
2
Where the use of a structure or lot existing at the time of the adoption of this comprehensive amendment is rendered nonconforming under the provisions of this comprehensive amendment, the provisions of article XII shall apply to each use.
3
Where a structure and the use thereof or use of a lot lawfully exists on the effective date of this comprehensive amendment, and is classified by this comprehensive amendment as a special use in the district where it is located, such use shall be considered a lawful special use, but a special use permit issued in accordance with procedures herein set forth shall be required for any expansion or alteration of such existing legal special use.
A
Establishment of new buildings. New buildings shall conform with the bulk regulations established herein for the district in which each such building is located.
B
Existing buildings. Existing buildings shall not be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this comprehensive amendment for the district in which such buildings are located.
C
Existing residential lots of record. Any lot in a single ownership, which ownership was of record at the time of the adoption of this ordinance, that does not meet the requirements of this ordinance for yards, lots, or other area of open space, may be utilized for residential purposes, provided the requirements for such yard, lot, area, width, depth or open space is within 75 percent of that required by the terms of this ordinance. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. Two or more contiguous nonconforming lots of record may be resubdivided into the same or lesser number of lots provided that none of such lots, after such resubdivision, will have an area less than that which any of said lots so resubdivided had prior to such resubdivision.
D
Building height.
1
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit of the district in which it is located—except that:
(a)
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; and chimneys, fire and parapet walls, water tanks, or similar structures may be erected 15 feet above the height of the structure on which it is located even though the overall height may exceed the height limitation of the district in which it is located;
(b)
Poles, radio and television antenna (transmitting and receiving) may be erected to a height of 60 feet above grade. Satellite receiving antenna may be erected to a height not to exceed 12 feet above grade, and no satellite receiving antenna shall be attached to a building in any residence zoned district. If the satellite receiving antenna shall be more than ten feet in diameter, then the satellite receiving antenna shall be allowed only after obtaining a special use permit in the same manner as provided in sections 9-60 and 9-61 [22-630 and 22-631], pertaining to the obtaining of variations for the construction of fences.
No portion of a satellite receiving antenna shall be within ten feet of the main building, or any accessory building, or within seven feet of any lot line.
The pads and structures of the satellite receiving antenna are to be constructed in accordance with the existing village building code and electrical code.
In the event that a special use permit is granted by the village, as provided herein, the dish only of the satellite antenna may be replaced with another dish of the same or smaller diameter, without the requirement of obtaining an additional special use permit, however, additional permits must be received from the village building and electrical inspectors, prior to the installation of the new satellite antenna dish.
(c)
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
2
Detached accessory buildings in residence districts shall not exceed one story or 15 feet, whichever is lower.
3
Grade from which building height is measured shall be the existing or established grade at the building setback line midway between the two side lot lines.
E
Minimum lot area—Two or more uses on a lot. Where two or more permitted or special uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.
(Ord. No. 1988-02, § 1, 1-19-1988)
A
Required yards. Yards and other open space as required by this comprehensive amendment shall be located on the same lot as the principal building or use, and shall have not less than the minimum width and area as herein required for the district in which such building or use is located, except as otherwise provided in this comprehensive amendment for planned developments.
B
Through lots. On vacant through lots, the front lot line shall be along the street right-of-way designated by the building inspector, except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right-of-way line, the street right-of-way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots in such block. Only such obstructions as herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no-access strips have been provided on the recorded plats, or where a solid fence is provided along the thoroughfare, the yard adjoining such thoroughfare shall conform to the regulations applicable to rear yards.
C
Non-transferable. No legally required yards, open space, or lot area for any building or use shall be used to satisfy yard, open space, or lot area requirements for any other building or use.
D
Corner lots. On a corner lot, the front lot line shall be the lot line having the shortest dimension along a street right-of-way line.
E
Existing yards. No yards allocated to a building or use existing on the effective date of this comprehensive amendment shall be subsequently reduced or further reduced below the yard requirements of this comprehensive amendment, except a yard adjoining a street may be reduced in depth equivalent to the amount of right-of-way taken or otherwise conveyed to a public authority for street or highway widening.
Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line of the street or thoroughfare, or from the proposed right-of-way as designated on the official map of the village, and as duly established by other ordinances of the village or as established by county or state highway authorities—whichever has the greater right-of-way width requirements.
A
Establishment of accessory uses. Accessory structures and uses are permitted and special uses may be allowed in the various districts. They shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. Accessory uses shall not include the keeping, propagation, or culture of pigeons, poultry, rabbits, bees, livestock, or other non-household animals whether or not for profit.
B
Spacing. A detached accessory structure shall not be nearer than ten feet from the nearest wall of the principal building and each foot over ten feet in length that the wall of an accessory structure parallels and is adjacent to the principal building, the required distance between the two shall be increased by one additional foot.
C
Allowable structural encroachments in yards.
1
Detached accessory structures in rear yards shall:
a
Have a coverage of not more than 30 percent of the area of the rear yard, not including swimming pools as an accessory structure,
b
Observe the side yard adjoining a street requirement,
c
Be located not less than five feet from the nearest lot line, and
d
Be located not less than ten feet from another accessory building.
2
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.
_____
D
Permitted accessory structures and uses in yards. The following structures and uses are permitted and may be encroachments in required yards as follows:
F Denotes front yards and side yards adjoining streets*
S Denotes interior side yards
R Denotes rear yards
* A side yard adjoining a street is the secondary street frontage of a corner lot.
(Ord. No. 2007-30, § 2, 9-18-2007)
_____
The development of air rights above land utilized for railroad, streets and drainage channels shall be processed as planned developments.
No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership, unless all lots resulting from each such division shall have lot areas and widths as required by this comprehensive amendment, except as provided in article 4.02 C.
Every building shall face upon a public street or a permanent easement of access to a public street, which easement shall have a minimum width of 60 feet, unless such building is within an approved planned development.
A
Travel and camping trailers, mobile homes.
1
Trailers or mobile homes shall not be permanently affixed to the ground as a principal building or accessory structure on a lot in any district.
2
Travel trailers, camping trailers, and mobile homes shall not be occupied for dwelling purposes.
3
In an R1, R2, and R3 district, not more than one travel trailer or camping trailer may be stored or parked on any lot. In an R4 district, not more than one such trailer for each dwelling unit may be parked or stored on a lot and only when specifically designated parking spaces have been provided above and beyond the required off-street parking spaces.
B
Temporary parking. Temporary parking and use of trailers shall be permitted when a permit has been issued by the trustee in charge of judiciary and license for temporary office or storage uses incidental to and only for the period of time of construction of a building development, provided such trailers are located on the same or contiguous lots to the building development.
C
Tents. Tents shall not be erected, used or maintained on a lot, except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling and only when it is located within the buildable area or within a rear yard. Temporary use of tents for community, religious, or eleemosynary, educational, amusement, recreational and commercial purposes shall be permitted only when a permit has been issued by the trustee in charge of judiciary and license (see definition of "temporary buildings").
D
Boats. Boats may be stored in the open when customary in the operations of a lawfully established principal use and one boat not more than 24 feet in length may be stored or parked on a lot containing a dwelling. In an R1, R2, and R3 district, not more than one boat may be stored or parked on any lot. In an R4 district, not more than one such boat for each dwelling unit may be parked or stored on a lot and only when specifically designated parking spaces have been provided above and beyond the required off-street parking spaces.
Each use hereafter established within the village which requires sewerage and water facilities shall be served by public sewerage and water systems.
Cross reference— Utilities, ch. 106.
Off-street parking and loading shall be provided as accessory uses as regulated in article X.
Cross reference— Traffic and vehicles, ch. 102.
Signs may be erected as regulated in article XI.
All future electric power transmission and telephone lines and other appurtenant installations - other than transformers and street lights - shall be installed underground within residential districts except where such installation is determined to be not feasible or impractical by the board of trustees.
Cross reference— Utilities, ch. 106.
The open storage of junk, refuse, scrap, disabled or damaged motor vehicles, whether awaiting repair or not, is prohibited in all zoning districts. For the purposes of interpretation, open storage shall be any storage not contained completely within a building or structure enclosed on all sides by walls and by a solid roof on the top.
Cross reference— Traffic and vehicles, ch. 102.
The provisions in sections 27-82 through 27-85 [46-31 through 46-34] of the Village Code of Ordinances shall be applicable to all lands lying within a floodplain area.
Cross reference— Floods, ch. 46.
A
Definitions.
(1)
Adult bookstore: An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out the public as a purveyor of such materials based upon its signate [signage], advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
(2)
Adult entertainment cabaret: A public or private establishment which (i) features topless dancers, strippers, [and] male or female impersonators; (ii) not infrequently features entertainers who display " specified anatomical areas"; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designated primarily to appeal to the prurient interest of the patron or entertainers who engage in explicit simulation of "specified sexual activities."
(3)
Adult motion picture theater: A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
(4)
Adult use: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, and other similar uses.
(5)
Specified sexual activities: For the purpose of this section[, the term] "specified sexual activities" means: (i) human genitals in the state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse or sodomy; and (iii) fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
(6)
Specified anatomical areas: For the purpose of this section, [the term] "specified anatomical areas" means:
(a)
Less than completely and opaquely covered: (i) human genitals, public [pubic] region; (ii) buttock; (iii) female breasts below a point immediately above the top of the areola; and
(b)
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
B
Liquor. No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use.
C
Location. Adult uses may be allowed, upon obtaining a special use permit, in a business or manufacturing district provided:
(1)
No adult use shall be located within 1,000 feet of any property which is zoned or used for residences, churches, schools, parks or other adult use.
(2)
No adult use shall be permitted to operate within 300 feet of the centerline of Main Street, Halstead Street, Glenwood Lansing Road, and Glenwood Dyer Road.
D
Special use permit required. No adult use shall operate even at those locations where they may be allowed pursuant to paragraph C above [subsection C] without first having obtained a special use permit in the manner set forth in section 13.10 of the zoning ordinance [this appendix]. However, the standards for special uses set forth in said section 13.10 shall not apply with regard to the application for a special use permit for an adult use. In their place, the following standards shall apply.
Standards. No adult special use permit shall be granted by the village board unless the board finds:
(1)
The design and operation of the facility will not adversely affect the public health and safety;
(2)
It will not cause substantial injury to the value of other property in the neighborhood in which it is located;
(3)
It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located;
(4)
It will not cause additional public expense for fire or police protection;
(5)
It will not substantially increase the possibility of criminal acts against persons and properties within 500 feet of such proposed special use or against persons who regularly use such properties.
E
Registration. The owner of a building or premises, his agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling a building or premises any part of which contains adult use shall register the following information with the village clerk:
(1)
The address of the premises;
(2)
The name of the owner of the premises and names of the beneficial owners of the property if in a land trust;
(3)
The address of the owner and the beneficial owners;
(4)
The name of the business or establishment subject to the provisions of section 4.16 [this section];
(5)
The name(s) and address(es) of the owner, beneficial owner or the major stockholders of the business or establishment subject to the provisions of section 4.16 [this section];
(6)
The date of initiation of the adult use;
(7)
The nature of the adult use;
(8)
If the premises or building is leased, a copy of said lease must be attached.
F
Exterior display. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
G
Existing adult uses. Any adult use which existed lawfully, but which became nonconforming upon the adoption of this section to [of] the zoning ordinance, may be continued as hereinafter provided:
(a)
Upon written notice from the village to the owners or interests therein that any building, structure, lot or regulated use is nonconforming under the provisions of the zoning ordinance as amended, the owners or interests therein shall, within two months from the date of such notice, apply to the village clerk for a certificate of nonconformance.
(b)
Failure to apply for a certificate of nonconformance within two months for the notice provided on section (a) above will require the amortization of the nonconformance within six months of the notice provided for in section (a) above.
(c)
Nonconformances that have applied for a certificate of nonconformance from the village clerk shall be discontinued within one year of the notice provided in section (a) above.
(a)
For the purpose of this zoning ordinance, the following terms shall be defined as follows:
Firearm means the same as used in 430 ILCS 65/1.1.
Gun range means any indoor location used for discharging handguns within the definition of 18 U.S.C. 921(a)(29)or for the practice or instruction in the use or testing of any handgun.
Gun shop means (1) any retail business engaging in the sale of any firearm as that term is defined in 430 ILCS 65/1.1; (2) any location where more than ten (10) firearms are displayed for the purpose of facilitating a sales transaction between the owner of a firearm and another individual; or (3) any location where firearms are displayed or stored where the operator of a location receives a commission or fee that is determined or measured by the sales price set for the sale of a firearm.
Handgun means the same as that term is defined in 18 U.S.C. 921(a)(29).
(b)
The zoning ordinance is amended to provide that gun shops may be allowed as a special use in the B-1, B-2 and manufacturing districts provided the gun shop meets the special use criteria provided for in this section.
(c)
A gun shop shall not be approved as a special use unless all the village's general special use criteria and all of the following special use criteria are met:
(1)
The gun shop shall be located no closer than 4000 feet from the nearest property line of any property containing an interchange on an interstate highway, i.e., Glenwood Dyer Road and I-394;
(2)
The gun shop shall not be located any closer than 6000 feet from the nearest property line of any other gun shop;
(3)
The location of the gun shop and the gun shop building must meet the requirements set forth in section 62-243(b) (1), (2), (3), (4), (5), (6), (7), and (8) of the village's comprehensive amendment to its firearms and assault weapons control ordinance. These requirements are applicable even if a village firearms dealer's license is not required for the gun shop;
(4)
The structure housing the gun shop must be constructed in a manner which will not allow penetration of a vehicle, or in the alternative, the gun shop must be protected by a barrier approved by a licensed architect and/or engineer which is designed to prevent a vehicle from reaching the structure in which the gun shop is located;
(5)
If HVAC duct work is located on the roof of the structure, security measures must be taken in order not to allow penetration into the structure from the HVAC system or the location on the roof on which it is located;
(6)
The gun shop shall be located in a building in which the gun shop is using the entire structure.
(d)
The village's zoning ordinance is hereby amended to provide that indoor gun ranges may be allowed a special use in the B-1, B-2 and manufacturing zoning districts provided that the gun range meets the special use criteria provided for in this section.
(e)
An indoor gun range shall not be approved as a special use unless all the village's general special use criteria and all of the following criteria are met:
(1)
The gun range shall be located no closer than 4000 feet from the nearest property line of any property containing an interchange on an interstate highway, i.e., Glenwood Dyer Road and I-394;
(2)
The gun range shall not be located any closer than 6000 feet from the nearest property line of any other gun range;
(3)
Newly constructed gun ranges and/or expansions of any existing gun range are to be designed by a licensed State of Illinois architect and reviewed and stamped by a licensed State of Illinois engineer with the approval of the zoning board and the building department. The plans and specification submitted for the construction of a new gun range and/or the expansion of an existing gun range shall be reviewed by experts in the field at the owner's expense.
(4)
If a gun range is attached to a gun shop, then the provisions of subsection (c) of this article shall also be applicable to the indoor gun range.
(Ord. No. 2002-06, §§ 1—5, 4-16-2002)
(a)
Definitions. For the purpose of this ordinance, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows:
Adult day care center means any facility in which an agency, person, or persons regularly provide care for a group of three or more adults for a period of less than 24 hours. The term "adult day care center" is not intended to include any facilities included in the definition of "adult day care home." Clients shall be ambulatory with or without the aid of any assistive devices.
Adult day care home means any single family home located in a residential district and used as a home which regularly provides care for a group of three or more up to a maximum of six adults for a period of less than 24 hours. Clients shall be ambulatory with or without the aid of any assistive devices.
Child day care center means any residential or non-residential freestanding building or structure in which an agency, person, or persons regularly provide care for a group of three or more children for less than 24 hours per day, under license by the Illinois Department of Children and Family Services. The term "child day care center" is not intended to include any child care facilities included in the definition of "child day care home."
Child day care home means any single family home located in a residential district and used as a home which provides care for no more than two children under the age of 12 that do not reside in the home, for payment of a fee, for less than 24 hours per day, under license by the Illinois Department of Children and Family Services. The term child day care home is not intended to include cooperative, reciprocal childcare by a group of parents in their respective homes.
(b)
Requirements.
(1)
Child day care centers and child day care homes. A child day care center shall be permitted by special use in the B-1 and B-2 zoning districts of the village. A child day care home shall be permitted as a special use in the R-1, R-2 and R-3 zoning districts. In order to receive a special use permit, a child day care center and a child day care home must satisfy the special use criteria as well as the following criteria:
a.
Comply at all times with the standards set forth in the Illinois Child Care Act of 1969, as amended from time to time, and the applicable standards promulgated by the Illinois Department of Children and Family Services.
b.
Be operated by individuals who have proper state and local licenses to operate child day care facilities and submit proof or evidence in writing of such licenses.
c.
File a child day care registration form with the Village of Glenwood in conformance with the forms established by the village.
d.
There are no structural or decorative alterations which alter the single-family character of an existing or proposed residential structure or that would be incompatible with the architectural design of surrounding residences.
e.
Provide safe and convenient areas to drop off and pick up children.
f.
There is compliance with all applicable building code regulations, subject to the following additions and modifications:
1.
A complete fire alarm system must be installed which is monitored by a central station or the Glenwood 9-1-1 Center. This system shall include smoke and heat detection, pull stations and the appropriate horns and strobe lights.
2.
Emergency lighting will have to be supplied to illuminate the rooms and exit ways in case of power failure.
3.
Call bells shall be installed or placed in rest areas, bathroom stalls and showers.
4.
All rugs and floor coverings must be securely fastened down. Floors shall not be slippery.
g.
There is compliance with all local zoning codes, fire codes and any applicable ordinances and regulations of the Village of Glenwood.
h.
All food service operations, whether catered or prepared on site, comply with all applicable requirements of the State of Illinois, Food Service Sanitation Rules and Regulations and any provisions of the Village of Glenwood Code relating to food and food service establishments. In addition, at least one staff member shall have certification from the state department of public health as a certified food handler.
i.
Be open at all reasonable times to inspection by the health officer, the building inspector and the chief of the fire department, as often as is deemed necessary.
j.
A special use shall not be granted to permit the operation of a child day care home in any multi-family building.
k.
If an applicant is requesting a special use to operate a child day care home in a single family home that is rented, the applicant must provide written evidence of the landlord's notarized approval of the use of the home as a child day care home and the landlord's notarized approval of any alterations that must be performed in order to allow the use of the rented single-family home as a child day care home.
l.
In addition to the requirements in this section, child day care centers must also comply with the following requirements:
1.
The child day care center must be located in either a free-standing building where the center uses all the building's space or on the second floor.
2.
An architect's stamped drawing must be submitted which shows the entire floor plan including the outside play areas and parking lots. Upon submission of this plan, which must show proposed use areas by age groups, we will be able to determine the allowable maximum occupancy of the facility. This floor plan must be drawn to scale. This floor plan will be permanent. There will be no change allowed in the floor plan.
3.
The fencing of the play area must be protected by guardrails, if near or next to a roadway, so as to negate the possibility of a vehicle running into the children. The guardrail will need to be on all four sides of the yard.
4.
The maximum number of children allowed will be based upon 40 square feet per child. This calculation will be based on usable space, not including bathrooms, kitchens, offices, hallways and storage areas.
5.
Exit lights must be installed to direct occupants out of the building in an emergency. These lights must have internal battery back up capacity.
6.
A certificate of compliance must be issued by the building department before the operation of the child day care center may commence.
(2)
Adult day care centers and adult day care homes. An adult day care center shall be permitted by special use in the B-1 and B-2 zoning districts of the village. An adult day care home shall be permitted by special use in the R-1, R-2 or R-3 zoning districts. An adult day care center and or adult day care home must satisfy the special use criteria as well as the following criteria:
a.
File an adult day care registration form with the Village of Glenwood in conformance with the forms established by the village and provide the following information:
1.
The name and address of the registrant, if an individual, or of every member if a partnership or association, and in case of a corporation, the name and address of the corporation and of its board of directors, officers and registered agents.
2.
The names, addresses, telephone numbers of all owners of the building and program management services.
3.
Information relating to the number, experience, and training of the employees of the adult day care center.
4.
Certified copies of the state department of human services community care program vendors agreement, if any.
5.
The maximum number of adults for whom programs and services will be provided.
6.
The range of services that will be provided.
7.
Any other information as the Village of Glenwood may request.
b.
There are no structural or decorative alterations which alter the single-family character of an existing or proposed residential structure or that would be incompatible with the architectural design of surrounding residences.
c.
Any adult day care home is limited to a maximum of six participants.
d.
Provide safe and convenient areas to drop off and pick up clients.
e.
There is compliance with all applicable building code regulations, subject to the following additions and modifications:
1.
A complete fire alarm system must be installed which is monitored by a central station or the Glenwood 9-1-1 Center. This system shall include smoke and heat detection, pull stations and the appropriate horns and strobe lights to conform with ADA.
2.
A minimum of two exits must be provided.
3.
An "exit escape plan" must be posted in all rooms and exit ways.
4.
Emergency lighting will have to be supplied to illuminate the rooms and exit ways in case of power failure.
5.
Call bells shall be installed or placed in rest areas, bathroom stalls and showers.
6.
All rugs and floor coverings must be securely fastened down. Floors shall not be slippery.
7.
A certificate of compliance issued by the building department before the operation of the adult day care center may commence.
f.
All food service operations, whether catered or prepared on site, comply with all applicable requirements of the State of Illinois, Food Service Sanitation Rules and Regulations and any provisions of the Village of Glenwood Code relating to food and food service establishments. In addition, at least one staff member shall have certification from the state department of public health as a certified food handler.
g.
The facility is cleaned daily and kept in a sanitary condition at all times. Sections of the Village of Glenwood Code relating to garbage, trash and weeds and nuisances, referencing general sanitation shall apply.
h.
Be open at all reasonable times to inspection by the health officer, the building inspector and the chief of the fire department, as often as is deemed necessary.
i.
In addition to the requirements in this section, adult day care centers must also comply with the following requirements:
1.
It shall have an adult day care administrator, director, or program coordinator. This person shall have a bachelor's degree in health, human services or related field (including social or health sciences) and shall demonstrate two years of responsible supervisory experience in programs serving the elderly.
2.
There must be a minimum of 40 square feet of area per each participant. The minimum is exclusive of bathrooms, kitchens, administrative space, storage areas, exit passages and fire escapes.
3.
An architect's stamped drawing must be submitted which shows the entire floor plan including outside areas and parking lots. Upon submission of this plan, we will be able to determine the allowable maximum occupancy of the facility. This floor plan must be drawn to scale. This floor plan will be permanent. There will be no change allowed in the floor plan.
4.
Exit lights must be installed to direct occupants out of the building in an emergency. These lights must have internal battery back up capacity.
5.
There is compliance with all applicable local zoning codes, fire codes and all requirements set forth in the Americans with Disabilities Act.
(Ord. No. 2002-02, § 2, 3-5-2002; Ord. No. 2004-29, §§ 2, 3, 8-3-2004)
GENERAL PROVISIONS
A
Establishment of new uses. The use of a structure or lot established after the effective date of this comprehensive amendment shall be for a use which is herein specified as a permitted, special or accessory use in the district regulations applicable to the district in which such structure or lot is located.
B
Existing building permits and existing uses.
1
Where a building permit for a structure has been issued in accordance with law prior to the effective date of this comprehensive amendment, and where construction has been begun within six months of such effective date and is being prosecuted to completion within two years of the effective date of this ordinance, the structure may be completed in accordance with the approved plans and, further, may, upon completion, be occupied under a certificate of occupancy for the use originally designated.
2
Where the use of a structure or lot existing at the time of the adoption of this comprehensive amendment is rendered nonconforming under the provisions of this comprehensive amendment, the provisions of article XII shall apply to each use.
3
Where a structure and the use thereof or use of a lot lawfully exists on the effective date of this comprehensive amendment, and is classified by this comprehensive amendment as a special use in the district where it is located, such use shall be considered a lawful special use, but a special use permit issued in accordance with procedures herein set forth shall be required for any expansion or alteration of such existing legal special use.
A
Establishment of new buildings. New buildings shall conform with the bulk regulations established herein for the district in which each such building is located.
B
Existing buildings. Existing buildings shall not be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or further conflict with the bulk regulations of this comprehensive amendment for the district in which such buildings are located.
C
Existing residential lots of record. Any lot in a single ownership, which ownership was of record at the time of the adoption of this ordinance, that does not meet the requirements of this ordinance for yards, lots, or other area of open space, may be utilized for residential purposes, provided the requirements for such yard, lot, area, width, depth or open space is within 75 percent of that required by the terms of this ordinance. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. Two or more contiguous nonconforming lots of record may be resubdivided into the same or lesser number of lots provided that none of such lots, after such resubdivision, will have an area less than that which any of said lots so resubdivided had prior to such resubdivision.
D
Building height.
1
No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit of the district in which it is located—except that:
(a)
Penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; and chimneys, fire and parapet walls, water tanks, or similar structures may be erected 15 feet above the height of the structure on which it is located even though the overall height may exceed the height limitation of the district in which it is located;
(b)
Poles, radio and television antenna (transmitting and receiving) may be erected to a height of 60 feet above grade. Satellite receiving antenna may be erected to a height not to exceed 12 feet above grade, and no satellite receiving antenna shall be attached to a building in any residence zoned district. If the satellite receiving antenna shall be more than ten feet in diameter, then the satellite receiving antenna shall be allowed only after obtaining a special use permit in the same manner as provided in sections 9-60 and 9-61 [22-630 and 22-631], pertaining to the obtaining of variations for the construction of fences.
No portion of a satellite receiving antenna shall be within ten feet of the main building, or any accessory building, or within seven feet of any lot line.
The pads and structures of the satellite receiving antenna are to be constructed in accordance with the existing village building code and electrical code.
In the event that a special use permit is granted by the village, as provided herein, the dish only of the satellite antenna may be replaced with another dish of the same or smaller diameter, without the requirement of obtaining an additional special use permit, however, additional permits must be received from the village building and electrical inspectors, prior to the installation of the new satellite antenna dish.
(c)
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet if the building is set back from each yard line at least one foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
2
Detached accessory buildings in residence districts shall not exceed one story or 15 feet, whichever is lower.
3
Grade from which building height is measured shall be the existing or established grade at the building setback line midway between the two side lot lines.
E
Minimum lot area—Two or more uses on a lot. Where two or more permitted or special uses, each requiring a minimum lot area, are provided in the same building or on the same lot, the required lot area shall be the sum of the areas required for each use individually.
(Ord. No. 1988-02, § 1, 1-19-1988)
A
Required yards. Yards and other open space as required by this comprehensive amendment shall be located on the same lot as the principal building or use, and shall have not less than the minimum width and area as herein required for the district in which such building or use is located, except as otherwise provided in this comprehensive amendment for planned developments.
B
Through lots. On vacant through lots, the front lot line shall be along the street right-of-way designated by the building inspector, except that when a front lot line has been established on one or more lots in the same block and all have front lot lines established along the same street right-of-way line, the street right-of-way line designated as the front lot line for such lot or lots shall be the front line on all vacant through lots in such block. Only such obstructions as herein permitted in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except for lots backing to thoroughfares in subdivisions where no-access strips have been provided on the recorded plats, or where a solid fence is provided along the thoroughfare, the yard adjoining such thoroughfare shall conform to the regulations applicable to rear yards.
C
Non-transferable. No legally required yards, open space, or lot area for any building or use shall be used to satisfy yard, open space, or lot area requirements for any other building or use.
D
Corner lots. On a corner lot, the front lot line shall be the lot line having the shortest dimension along a street right-of-way line.
E
Existing yards. No yards allocated to a building or use existing on the effective date of this comprehensive amendment shall be subsequently reduced or further reduced below the yard requirements of this comprehensive amendment, except a yard adjoining a street may be reduced in depth equivalent to the amount of right-of-way taken or otherwise conveyed to a public authority for street or highway widening.
Minimum setbacks on lots abutting a street or thoroughfare shall be the distance required for a front yard, or side yard adjoining a street, in the districts where such lots are located, measured from the existing right-of-way line of the street or thoroughfare, or from the proposed right-of-way as designated on the official map of the village, and as duly established by other ordinances of the village or as established by county or state highway authorities—whichever has the greater right-of-way width requirements.
A
Establishment of accessory uses. Accessory structures and uses are permitted and special uses may be allowed in the various districts. They shall be compatible with the principal use and shall not be established prior to the establishment of the principal use. Accessory uses shall not include the keeping, propagation, or culture of pigeons, poultry, rabbits, bees, livestock, or other non-household animals whether or not for profit.
B
Spacing. A detached accessory structure shall not be nearer than ten feet from the nearest wall of the principal building and each foot over ten feet in length that the wall of an accessory structure parallels and is adjacent to the principal building, the required distance between the two shall be increased by one additional foot.
C
Allowable structural encroachments in yards.
1
Detached accessory structures in rear yards shall:
a
Have a coverage of not more than 30 percent of the area of the rear yard, not including swimming pools as an accessory structure,
b
Observe the side yard adjoining a street requirement,
c
Be located not less than five feet from the nearest lot line, and
d
Be located not less than ten feet from another accessory building.
2
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.
_____
D
Permitted accessory structures and uses in yards. The following structures and uses are permitted and may be encroachments in required yards as follows:
F Denotes front yards and side yards adjoining streets*
S Denotes interior side yards
R Denotes rear yards
* A side yard adjoining a street is the secondary street frontage of a corner lot.
(Ord. No. 2007-30, § 2, 9-18-2007)
_____
The development of air rights above land utilized for railroad, streets and drainage channels shall be processed as planned developments.
No lot shall hereafter be divided into two or more lots for the purpose of transfer of ownership, unless all lots resulting from each such division shall have lot areas and widths as required by this comprehensive amendment, except as provided in article 4.02 C.
Every building shall face upon a public street or a permanent easement of access to a public street, which easement shall have a minimum width of 60 feet, unless such building is within an approved planned development.
A
Travel and camping trailers, mobile homes.
1
Trailers or mobile homes shall not be permanently affixed to the ground as a principal building or accessory structure on a lot in any district.
2
Travel trailers, camping trailers, and mobile homes shall not be occupied for dwelling purposes.
3
In an R1, R2, and R3 district, not more than one travel trailer or camping trailer may be stored or parked on any lot. In an R4 district, not more than one such trailer for each dwelling unit may be parked or stored on a lot and only when specifically designated parking spaces have been provided above and beyond the required off-street parking spaces.
B
Temporary parking. Temporary parking and use of trailers shall be permitted when a permit has been issued by the trustee in charge of judiciary and license for temporary office or storage uses incidental to and only for the period of time of construction of a building development, provided such trailers are located on the same or contiguous lots to the building development.
C
Tents. Tents shall not be erected, used or maintained on a lot, except such small tents as are customarily used for recreational purposes and located on the same lot as a dwelling and only when it is located within the buildable area or within a rear yard. Temporary use of tents for community, religious, or eleemosynary, educational, amusement, recreational and commercial purposes shall be permitted only when a permit has been issued by the trustee in charge of judiciary and license (see definition of "temporary buildings").
D
Boats. Boats may be stored in the open when customary in the operations of a lawfully established principal use and one boat not more than 24 feet in length may be stored or parked on a lot containing a dwelling. In an R1, R2, and R3 district, not more than one boat may be stored or parked on any lot. In an R4 district, not more than one such boat for each dwelling unit may be parked or stored on a lot and only when specifically designated parking spaces have been provided above and beyond the required off-street parking spaces.
Each use hereafter established within the village which requires sewerage and water facilities shall be served by public sewerage and water systems.
Cross reference— Utilities, ch. 106.
Off-street parking and loading shall be provided as accessory uses as regulated in article X.
Cross reference— Traffic and vehicles, ch. 102.
Signs may be erected as regulated in article XI.
All future electric power transmission and telephone lines and other appurtenant installations - other than transformers and street lights - shall be installed underground within residential districts except where such installation is determined to be not feasible or impractical by the board of trustees.
Cross reference— Utilities, ch. 106.
The open storage of junk, refuse, scrap, disabled or damaged motor vehicles, whether awaiting repair or not, is prohibited in all zoning districts. For the purposes of interpretation, open storage shall be any storage not contained completely within a building or structure enclosed on all sides by walls and by a solid roof on the top.
Cross reference— Traffic and vehicles, ch. 102.
The provisions in sections 27-82 through 27-85 [46-31 through 46-34] of the Village Code of Ordinances shall be applicable to all lands lying within a floodplain area.
Cross reference— Floods, ch. 46.
A
Definitions.
(1)
Adult bookstore: An establishment having as a substantial or significant portion of its sales or stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means, and periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas"; or an establishment with a segment or section devoted to the sale or display of such materials; or an establishment that holds itself out the public as a purveyor of such materials based upon its signate [signage], advertising, displays, actual sales, presence of video preview or coin-operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.
(2)
Adult entertainment cabaret: A public or private establishment which (i) features topless dancers, strippers, [and] male or female impersonators; (ii) not infrequently features entertainers who display " specified anatomical areas"; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designated primarily to appeal to the prurient interest of the patron or entertainers who engage in explicit simulation of "specified sexual activities."
(3)
Adult motion picture theater: A building or area used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
(4)
Adult use: Adult bookstores, adult motion picture theaters, adult entertainment cabarets, and other similar uses.
(5)
Specified sexual activities: For the purpose of this section[, the term] "specified sexual activities" means: (i) human genitals in the state of sexual stimulation or arousal; (ii) acts of human masturbation, sexual intercourse or sodomy; and (iii) fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
(6)
Specified anatomical areas: For the purpose of this section, [the term] "specified anatomical areas" means:
(a)
Less than completely and opaquely covered: (i) human genitals, public [pubic] region; (ii) buttock; (iii) female breasts below a point immediately above the top of the areola; and
(b)
Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
B
Liquor. No liquor license shall be issued and no liquor shall be sold or consumed on the premises of any adult use.
C
Location. Adult uses may be allowed, upon obtaining a special use permit, in a business or manufacturing district provided:
(1)
No adult use shall be located within 1,000 feet of any property which is zoned or used for residences, churches, schools, parks or other adult use.
(2)
No adult use shall be permitted to operate within 300 feet of the centerline of Main Street, Halstead Street, Glenwood Lansing Road, and Glenwood Dyer Road.
D
Special use permit required. No adult use shall operate even at those locations where they may be allowed pursuant to paragraph C above [subsection C] without first having obtained a special use permit in the manner set forth in section 13.10 of the zoning ordinance [this appendix]. However, the standards for special uses set forth in said section 13.10 shall not apply with regard to the application for a special use permit for an adult use. In their place, the following standards shall apply.
Standards. No adult special use permit shall be granted by the village board unless the board finds:
(1)
The design and operation of the facility will not adversely affect the public health and safety;
(2)
It will not cause substantial injury to the value of other property in the neighborhood in which it is located;
(3)
It will not unduly increase traffic congestion in the public streets and highways in the area in which it is located;
(4)
It will not cause additional public expense for fire or police protection;
(5)
It will not substantially increase the possibility of criminal acts against persons and properties within 500 feet of such proposed special use or against persons who regularly use such properties.
E
Registration. The owner of a building or premises, his agent for the purposes of managing, controlling or collecting rents, or any other person managing or controlling a building or premises any part of which contains adult use shall register the following information with the village clerk:
(1)
The address of the premises;
(2)
The name of the owner of the premises and names of the beneficial owners of the property if in a land trust;
(3)
The address of the owner and the beneficial owners;
(4)
The name of the business or establishment subject to the provisions of section 4.16 [this section];
(5)
The name(s) and address(es) of the owner, beneficial owner or the major stockholders of the business or establishment subject to the provisions of section 4.16 [this section];
(6)
The date of initiation of the adult use;
(7)
The nature of the adult use;
(8)
If the premises or building is leased, a copy of said lease must be attached.
F
Exterior display. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window or other opening.
G
Existing adult uses. Any adult use which existed lawfully, but which became nonconforming upon the adoption of this section to [of] the zoning ordinance, may be continued as hereinafter provided:
(a)
Upon written notice from the village to the owners or interests therein that any building, structure, lot or regulated use is nonconforming under the provisions of the zoning ordinance as amended, the owners or interests therein shall, within two months from the date of such notice, apply to the village clerk for a certificate of nonconformance.
(b)
Failure to apply for a certificate of nonconformance within two months for the notice provided on section (a) above will require the amortization of the nonconformance within six months of the notice provided for in section (a) above.
(c)
Nonconformances that have applied for a certificate of nonconformance from the village clerk shall be discontinued within one year of the notice provided in section (a) above.
(a)
For the purpose of this zoning ordinance, the following terms shall be defined as follows:
Firearm means the same as used in 430 ILCS 65/1.1.
Gun range means any indoor location used for discharging handguns within the definition of 18 U.S.C. 921(a)(29)or for the practice or instruction in the use or testing of any handgun.
Gun shop means (1) any retail business engaging in the sale of any firearm as that term is defined in 430 ILCS 65/1.1; (2) any location where more than ten (10) firearms are displayed for the purpose of facilitating a sales transaction between the owner of a firearm and another individual; or (3) any location where firearms are displayed or stored where the operator of a location receives a commission or fee that is determined or measured by the sales price set for the sale of a firearm.
Handgun means the same as that term is defined in 18 U.S.C. 921(a)(29).
(b)
The zoning ordinance is amended to provide that gun shops may be allowed as a special use in the B-1, B-2 and manufacturing districts provided the gun shop meets the special use criteria provided for in this section.
(c)
A gun shop shall not be approved as a special use unless all the village's general special use criteria and all of the following special use criteria are met:
(1)
The gun shop shall be located no closer than 4000 feet from the nearest property line of any property containing an interchange on an interstate highway, i.e., Glenwood Dyer Road and I-394;
(2)
The gun shop shall not be located any closer than 6000 feet from the nearest property line of any other gun shop;
(3)
The location of the gun shop and the gun shop building must meet the requirements set forth in section 62-243(b) (1), (2), (3), (4), (5), (6), (7), and (8) of the village's comprehensive amendment to its firearms and assault weapons control ordinance. These requirements are applicable even if a village firearms dealer's license is not required for the gun shop;
(4)
The structure housing the gun shop must be constructed in a manner which will not allow penetration of a vehicle, or in the alternative, the gun shop must be protected by a barrier approved by a licensed architect and/or engineer which is designed to prevent a vehicle from reaching the structure in which the gun shop is located;
(5)
If HVAC duct work is located on the roof of the structure, security measures must be taken in order not to allow penetration into the structure from the HVAC system or the location on the roof on which it is located;
(6)
The gun shop shall be located in a building in which the gun shop is using the entire structure.
(d)
The village's zoning ordinance is hereby amended to provide that indoor gun ranges may be allowed a special use in the B-1, B-2 and manufacturing zoning districts provided that the gun range meets the special use criteria provided for in this section.
(e)
An indoor gun range shall not be approved as a special use unless all the village's general special use criteria and all of the following criteria are met:
(1)
The gun range shall be located no closer than 4000 feet from the nearest property line of any property containing an interchange on an interstate highway, i.e., Glenwood Dyer Road and I-394;
(2)
The gun range shall not be located any closer than 6000 feet from the nearest property line of any other gun range;
(3)
Newly constructed gun ranges and/or expansions of any existing gun range are to be designed by a licensed State of Illinois architect and reviewed and stamped by a licensed State of Illinois engineer with the approval of the zoning board and the building department. The plans and specification submitted for the construction of a new gun range and/or the expansion of an existing gun range shall be reviewed by experts in the field at the owner's expense.
(4)
If a gun range is attached to a gun shop, then the provisions of subsection (c) of this article shall also be applicable to the indoor gun range.
(Ord. No. 2002-06, §§ 1—5, 4-16-2002)
(a)
Definitions. For the purpose of this ordinance, unless otherwise apparent from the context, certain words and phrases used in this section are defined as follows:
Adult day care center means any facility in which an agency, person, or persons regularly provide care for a group of three or more adults for a period of less than 24 hours. The term "adult day care center" is not intended to include any facilities included in the definition of "adult day care home." Clients shall be ambulatory with or without the aid of any assistive devices.
Adult day care home means any single family home located in a residential district and used as a home which regularly provides care for a group of three or more up to a maximum of six adults for a period of less than 24 hours. Clients shall be ambulatory with or without the aid of any assistive devices.
Child day care center means any residential or non-residential freestanding building or structure in which an agency, person, or persons regularly provide care for a group of three or more children for less than 24 hours per day, under license by the Illinois Department of Children and Family Services. The term "child day care center" is not intended to include any child care facilities included in the definition of "child day care home."
Child day care home means any single family home located in a residential district and used as a home which provides care for no more than two children under the age of 12 that do not reside in the home, for payment of a fee, for less than 24 hours per day, under license by the Illinois Department of Children and Family Services. The term child day care home is not intended to include cooperative, reciprocal childcare by a group of parents in their respective homes.
(b)
Requirements.
(1)
Child day care centers and child day care homes. A child day care center shall be permitted by special use in the B-1 and B-2 zoning districts of the village. A child day care home shall be permitted as a special use in the R-1, R-2 and R-3 zoning districts. In order to receive a special use permit, a child day care center and a child day care home must satisfy the special use criteria as well as the following criteria:
a.
Comply at all times with the standards set forth in the Illinois Child Care Act of 1969, as amended from time to time, and the applicable standards promulgated by the Illinois Department of Children and Family Services.
b.
Be operated by individuals who have proper state and local licenses to operate child day care facilities and submit proof or evidence in writing of such licenses.
c.
File a child day care registration form with the Village of Glenwood in conformance with the forms established by the village.
d.
There are no structural or decorative alterations which alter the single-family character of an existing or proposed residential structure or that would be incompatible with the architectural design of surrounding residences.
e.
Provide safe and convenient areas to drop off and pick up children.
f.
There is compliance with all applicable building code regulations, subject to the following additions and modifications:
1.
A complete fire alarm system must be installed which is monitored by a central station or the Glenwood 9-1-1 Center. This system shall include smoke and heat detection, pull stations and the appropriate horns and strobe lights.
2.
Emergency lighting will have to be supplied to illuminate the rooms and exit ways in case of power failure.
3.
Call bells shall be installed or placed in rest areas, bathroom stalls and showers.
4.
All rugs and floor coverings must be securely fastened down. Floors shall not be slippery.
g.
There is compliance with all local zoning codes, fire codes and any applicable ordinances and regulations of the Village of Glenwood.
h.
All food service operations, whether catered or prepared on site, comply with all applicable requirements of the State of Illinois, Food Service Sanitation Rules and Regulations and any provisions of the Village of Glenwood Code relating to food and food service establishments. In addition, at least one staff member shall have certification from the state department of public health as a certified food handler.
i.
Be open at all reasonable times to inspection by the health officer, the building inspector and the chief of the fire department, as often as is deemed necessary.
j.
A special use shall not be granted to permit the operation of a child day care home in any multi-family building.
k.
If an applicant is requesting a special use to operate a child day care home in a single family home that is rented, the applicant must provide written evidence of the landlord's notarized approval of the use of the home as a child day care home and the landlord's notarized approval of any alterations that must be performed in order to allow the use of the rented single-family home as a child day care home.
l.
In addition to the requirements in this section, child day care centers must also comply with the following requirements:
1.
The child day care center must be located in either a free-standing building where the center uses all the building's space or on the second floor.
2.
An architect's stamped drawing must be submitted which shows the entire floor plan including the outside play areas and parking lots. Upon submission of this plan, which must show proposed use areas by age groups, we will be able to determine the allowable maximum occupancy of the facility. This floor plan must be drawn to scale. This floor plan will be permanent. There will be no change allowed in the floor plan.
3.
The fencing of the play area must be protected by guardrails, if near or next to a roadway, so as to negate the possibility of a vehicle running into the children. The guardrail will need to be on all four sides of the yard.
4.
The maximum number of children allowed will be based upon 40 square feet per child. This calculation will be based on usable space, not including bathrooms, kitchens, offices, hallways and storage areas.
5.
Exit lights must be installed to direct occupants out of the building in an emergency. These lights must have internal battery back up capacity.
6.
A certificate of compliance must be issued by the building department before the operation of the child day care center may commence.
(2)
Adult day care centers and adult day care homes. An adult day care center shall be permitted by special use in the B-1 and B-2 zoning districts of the village. An adult day care home shall be permitted by special use in the R-1, R-2 or R-3 zoning districts. An adult day care center and or adult day care home must satisfy the special use criteria as well as the following criteria:
a.
File an adult day care registration form with the Village of Glenwood in conformance with the forms established by the village and provide the following information:
1.
The name and address of the registrant, if an individual, or of every member if a partnership or association, and in case of a corporation, the name and address of the corporation and of its board of directors, officers and registered agents.
2.
The names, addresses, telephone numbers of all owners of the building and program management services.
3.
Information relating to the number, experience, and training of the employees of the adult day care center.
4.
Certified copies of the state department of human services community care program vendors agreement, if any.
5.
The maximum number of adults for whom programs and services will be provided.
6.
The range of services that will be provided.
7.
Any other information as the Village of Glenwood may request.
b.
There are no structural or decorative alterations which alter the single-family character of an existing or proposed residential structure or that would be incompatible with the architectural design of surrounding residences.
c.
Any adult day care home is limited to a maximum of six participants.
d.
Provide safe and convenient areas to drop off and pick up clients.
e.
There is compliance with all applicable building code regulations, subject to the following additions and modifications:
1.
A complete fire alarm system must be installed which is monitored by a central station or the Glenwood 9-1-1 Center. This system shall include smoke and heat detection, pull stations and the appropriate horns and strobe lights to conform with ADA.
2.
A minimum of two exits must be provided.
3.
An "exit escape plan" must be posted in all rooms and exit ways.
4.
Emergency lighting will have to be supplied to illuminate the rooms and exit ways in case of power failure.
5.
Call bells shall be installed or placed in rest areas, bathroom stalls and showers.
6.
All rugs and floor coverings must be securely fastened down. Floors shall not be slippery.
7.
A certificate of compliance issued by the building department before the operation of the adult day care center may commence.
f.
All food service operations, whether catered or prepared on site, comply with all applicable requirements of the State of Illinois, Food Service Sanitation Rules and Regulations and any provisions of the Village of Glenwood Code relating to food and food service establishments. In addition, at least one staff member shall have certification from the state department of public health as a certified food handler.
g.
The facility is cleaned daily and kept in a sanitary condition at all times. Sections of the Village of Glenwood Code relating to garbage, trash and weeds and nuisances, referencing general sanitation shall apply.
h.
Be open at all reasonable times to inspection by the health officer, the building inspector and the chief of the fire department, as often as is deemed necessary.
i.
In addition to the requirements in this section, adult day care centers must also comply with the following requirements:
1.
It shall have an adult day care administrator, director, or program coordinator. This person shall have a bachelor's degree in health, human services or related field (including social or health sciences) and shall demonstrate two years of responsible supervisory experience in programs serving the elderly.
2.
There must be a minimum of 40 square feet of area per each participant. The minimum is exclusive of bathrooms, kitchens, administrative space, storage areas, exit passages and fire escapes.
3.
An architect's stamped drawing must be submitted which shows the entire floor plan including outside areas and parking lots. Upon submission of this plan, we will be able to determine the allowable maximum occupancy of the facility. This floor plan must be drawn to scale. This floor plan will be permanent. There will be no change allowed in the floor plan.
4.
Exit lights must be installed to direct occupants out of the building in an emergency. These lights must have internal battery back up capacity.
5.
There is compliance with all applicable local zoning codes, fire codes and all requirements set forth in the Americans with Disabilities Act.
(Ord. No. 2002-02, § 2, 3-5-2002; Ord. No. 2004-29, §§ 2, 3, 8-3-2004)