- ZONING DISTRICTS
5.1.1. Districts. For the purpose and provisions of this chapter, the village is hereby divided into the following districts:
a.
R Single-Family Detached Residence District.
b.
R-1 Single-Family Detached Residence District.
c.
R-2 Single-Family Detached Residence District.
d.
R-3 Two-Family Detached Residence District.
e.
R-4 Multifamily Residence District.
f.
H Ontarioville Historic District.
g.
B-1 Convenience Shopping District.
h.
B-2 General Commercial District.
i.
BP Business Park District.
j.
HC High Cube District.
k.
L-I Limited Industrial District.
5.1.2. Allowable uses. No use shall be established in any zoning district unless it is expressly designated by this chapter as a "permitted use" or "special use" in the district in which it is to be located. The range of uses allowed as "permitted uses" and "special uses" in each zoning district is summarized in table 5.1.2. In the event of a conflict between table 5.1.2 and the text of this chapter, the text shall control.
TABLE 5.1.2. PERMITTED AND SPECIAL USES
5.1.3. Annexed land. Land hereafter annexed to the village shall be assigned as R single-family residence district unless the petition for annexation is accompanied by a petition for reclassification or an annexation agreement, in which case the regular procedures for an amendment petition shall be followed.
(Code 1975, ch. 27, § 5.1; Ord. No. O-95-02, § 4, 1-5-1995; Ord. No. O-97-30, § 2, 6-19-1997; Ord. No. O-99-14, arts. 2, 5, 3-4-1999; Ord. No. O-01-21, § 2, 6-7-2001; Ord. No. O-01-29, § 5, 7-5-2001; Ord. No. O-02-46, § 2, 11-7-2002; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-11-13, § 2, 6-2-2011, Ord. No. O-11-27, § 1, 10-20-2011; Ord. No. O-15-05, §§ 2, 3, 3-5-2015; Ord. No. O-15-06, § 1, 3-5-2015; Ord. No. O-20-12, § 2, 3-5-2020; Ord. No. O-22-29, § 3, 9-1-2022)
5.2.1. Purpose. The R single-family detached residence district is established to promote and maintain the development of single-family detached housing of a semirural character, and to protect such areas from encroachment of incompatible uses.
5.2.2. Permitted uses. The following uses are permitted:
a.
Single-family detached dwellings.
b.
Parks, forest preserves and recreational areas, when publicly owned and operated.
c.
Temporary structures incidental to and necessary for construction work.
d.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
e.
Public schools.
f.
Village-owned utilities and facilities.
g.
Community residences, subject to the provisions of an administrative occupancy permit.
h.
Public libraries.
5.2.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Places of worship, and accessory uses required for operation.
b.
Public golf and tennis clubs.
c.
Public recreation buildings.
d.
Private and commercial schools.
e.
Planned unit developments.
f.
Non-village-owned utilities and facilities.
g.
Hobby kennels as an accessory use.
h.
Horse stables as an accessory use.
5.2.4. Development standards.
a.
Minimum lot size.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having an area of not less than 40,000 square feet, or on a corner lot of not less than 45,000 square feet. Corner lots of record prior to the adoption of this chapter not less than 40,000 square feet shall be considered conforming.
(2)
Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Minimum lot width.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having a width at the established front yard line of not less than 150 feet. This requirement shall also apply to the width of lots fronting on culs-de-sac.
(2)
Every single-family detached dwelling hereafter erected on a corner lot shall be located on a lot having a width at the established front yard line of not less than 170 feet. Corner lots of record prior to the adoption of this chapter with a width at the established front yard line of not less than 150 feet shall be considered conforming.
c.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet from the front property line.
(2)
Side yard. A side yard on each side of the principal structure of not less than ten feet.
(3)
Corner side yard. A side yard of not less than 30 feet where the side yard is abutting a public street.
(4)
Rear yard. A rear yard of not less than 30)feet.
d.
Maximum lot coverage. Not more than 20 percent of the lot area.
e.
Building height. No building shall exceed a height of 35 feet.
5.2.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.2.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.2; Ord. No. O-94-09, § 1, 3-17-1994; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005)
5.3.1. Purpose. The R-1 single-family detached residence district is established to promote and maintain the development of single-family detached housing and to protect such areas from the encroachment of incompatible uses.
5.3.2. Permitted uses. The following uses are permitted:
a.
Single-family detached dwellings.
b.
Parks, forest preserves and recreational areas, when publicly owned and operated.
c.
Public schools.
d.
Temporary structures incidental to and necessary for construction work.
e.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
f.
Village-owned utilities and facilities.
g.
Community residences subject to the provisions of an administrative occupancy permit.
h.
Public libraries.
5.3.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Places of worship and accessory uses required for operation.
b.
Public golf and tennis clubs.
c.
Public recreation buildings.
d.
Private and commercial schools.
e.
Planned unit developments.
f.
Non-village-owned utilities and facilities.
5.3.4. Development standards.
a.
Minimum lot size.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having an area of not less than 10,000 square feet, or on a corner lot having an area of not less than 12,000 square feet. Corner lots of record prior to the adoption of this chapter not less than 10,000 square feet shall be considered conforming.
(2)
Minimum lot size for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Minimum lot width.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having a width at the established front yard line of not less than 80 feet.
(2)
Every single-family detached dwelling hereafter erected on a corner lot shall be located on a lot having a width at the established front yard line of not less than 120 feet. Corner lots of record prior to the adoption of this chapter with a width at the established front yard line of not less than 80 feet shall be considered conforming.
c.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet from the front property line.
(2)
Side yard. A side yard on each side of the principal structure of not less than ten feet.
(3)
Corner side yard. A side yard of not less than 30 feet where the side yard is abutting a public street.
(4)
Rear yard. A rear yard of not less than 30 feet.
d.
Maximum lot coverage. Not more than 35 percent of the lot area.
e.
Building height. No building shall exceed a height of 35 feet.
f.
Maximum number of curb cuts. For all lots less than 40,000 square feet in area or 150 feet in lot width, the maximum number of curb cuts shall be one.
5.3.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.3.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.3; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005)
5.4.1. Purpose. The R-2 single-family detached residence district is established to promote and maintain the development of single-family detached housing and to protect such areas from the encroachment of incompatible uses.
5.4.2. Permitted uses. The following uses are permitted:
a.
Single-family detached dwellings.
b.
Parks, forest preserves and recreational areas, when publicly owned and operated.
c.
Temporary structures incidental to and necessary for construction work.
d.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
e.
Public schools.
f.
Village-owned utilities and facilities.
g.
Community residences subject to the provisions of an administrative occupancy permit.
h.
Public libraries.
5.4.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Places of worship, and accessory uses required for operation.
b.
Public golf and tennis clubs.
c.
Public recreation buildings.
d.
Private and commercial schools.
e.
Planned unit developments.
f.
Non-village-owned utilities and facilities.
5.4.4. Development standards.
a.
Minimum lot size.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having an area of not less than 7,735 square feet, or on a corner lot having an area not less than 9,000 square feet. Lots of record prior to the adoption of this chapter not less than 7,140 square feet shall be considered conforming.
(2)
Minimum lot size for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Minimum lot width.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having a width at the established front yard line of not less than 65 feet. Interior lots of record prior to the [date of adoption of this ordinance] with a width at the established front yard line of not less than 60 feet shall be considered conforming.
(2)
Every single-family detached dwelling hereafter erected on a corner lot shall be located on a lot having a width at the established front yard line of not less than 85 feet. Corner lots of record prior to the adoption of this chapter with a width at the established front yard line of not less than 65 feet shall be considered conforming.
c.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet from the front property line.
(2)
Side yard. A side yard on each side of the principal structure of not less than ten feet.
(3)
Corner side yard. A side yard of not less than 30 feet where the side yard is abutting a public street.
(4)
Rear yard. A rear yard of not less than 30 feet.
d.
Maximum lot coverage. Not more than 35 percent of the lot area.
e.
Building height. No building shall exceed a height of 35 feet.
f.
Maximum number of curb cuts. For all lots less than 40,000 square feet in area or less than 150 feet in lot width, the maximum number of curb cuts shall be one.
5.4.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.4.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.4; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-23-36, § 1, 10-19-2023)
5.5.1. Purpose. The R-3 two-family detached residence district is established to provide for two-family detached and single-family detached housing developments with adequate open space for family living and to provide for residential developments that serve as a transition between residential land uses of greater density and single-family developments of lesser density.
5.5.2. Permitted uses. The following uses are permitted:
a.
Single-family detached dwellings.
b.
Two-family detached dwellings.
c.
Parks, forest preserves and recreational areas, when publicly owned and operated.
d.
Temporary structures incidental to and necessary for construction work.
e.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
f.
Public schools.
g.
Village-owned utilities and facilities.
h.
Community residences subject to the provisions of an administrative occupancy permit.
i.
Public libraries.
5.5.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Places of worship, and accessory uses required for operation.
b.
Public golf and tennis clubs.
c.
Public recreation buildings.
d.
Private and commercial schools.
e.
Planned unit developments.
f.
Non-village-owned utilities and facilities.
5.5.4. Development standards.
a.
Minimum lot size.
(1)
Any resubdivisions, new subdivisions and land hereafter annexed to the village and zoned R-3 two-family detached residence district after the adoption of this chapter shall be required to have a minimum interior lot area of not less than 9,000 square feet and not less than 4,500 square feet of area per dwelling unit and a minimum corner lot size of 11,000 square feet and not less than 5,500 square feet of area per dwelling unit.
(2)
Minimum lot size for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Minimum lot width.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having a width at the established front yard line of not less than 65 feet.
(2)
Every single-family detached dwelling hereafter erected on a corner lot shall be located on a lot having a width at the established front yard line of not less than 85 feet.
(3)
Any resubdivisions, new subdivisions and land hereafter annexed to the village and zoned R-3 shall have a width at the established front yard line of not less than 72 feet for an interior lot and not less than 85 feet for a corner lot.
c.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet from the front property line.
(2)
Side yard. A side yard on each side of the principal use of not less than ten feet.
(3)
Corner side yard. A side yard of not less than 30 feet where the side yard is abutting a public street.
(4)
Rear yard. A rear yard of not less than 30 feet.
d.
Maximum lot coverage. Not more than 35 percent of the lot area.
e.
Building height. No building shall exceed a height of 35 feet.
f.
Maximum number of curb cuts. For all lots less than 40,000 square feet in area or 150 feet in lot width the maximum number of curb cuts shall be one.
5.5.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.5.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.5; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-23-36, § 1, 10-19-2023)
5.6.1. Purpose. The R-4 multifamily residence district is established as a general residence district to provide for single-family attached and multiple-family housing development with adequate open space for family living.
5.6.2. Permitted uses. The following uses are permitted:
a.
Multifamily dwelling units not exceeding 40 feet in height.
b.
Not more than four single-family attached row dwellings (party wall) per building.
c.
Parks, forest preserves and recreational areas, when publicly owned and operated.
d.
Temporary structures incidental to and necessary for construction work.
e.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
f.
Public schools.
g.
Village-owned utilities and facilities.
h.
Community residences subject to the provisions of an administrative occupancy permit.
i.
Single-family detached dwellings.
j.
Public libraries.
5.6.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter.
a.
Multifamily buildings exceeding 40 feet in height.
b.
Single-family attached row dwellings (party wall) with more than four dwellings in a row or building.
c.
Coin-operated amusement center located in a recreational building owned and operated by a homeowners' association for use of members and guests of the association.
d.
Parking structures, other than garages or carports, to serve multifamily uses.
e.
Places of worship, and accessory uses required for operation.
f.
Public golf and tennis clubs.
g.
Public recreation buildings.
h.
Private and commercial schools.
i.
Planned unit developments.
j.
Nursing homes.
k.
Non-village-owned utilities and facilities.
5.6.4. Development standards.
a.
Minimum lot size and width.
(1)
All single-family detached dwellings hereafter erected shall have a minimum lot area of not less than 6,050 square feet and a minimum lot width of not less than 50 feet at the established front yard line. However, lots created prior to September 16, 1993, with a minimum lot area of 5,775 square feet shall be considered conforming.
(2)
All other buildings or structures shall be located on an interior lot containing not less than 7,735 square feet, plus 2,000 square feet of land area for each dwelling unit, in excess of three dwelling units or on a corner lot of not less than 9,000 square feet plus 2,000 square feet of land for each dwelling unit in excess of three dwelling units.
(3)
Minimum lot size for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet for lots established after the adoption of this chapter; however, front yards of not less than 25 feet established prior to adoption of this chapter shall be considered conforming.
(2)
Side yard. In the R-4 district, the minimum interior side yard for permitted uses shall be established as follows:
(a)
For buildings containing fewer than three units, a side yard on each side of the building of not less than ten feet.
(b)
For buildings containing three or more dwelling units, a side yard on each side of each building of ten feet plus one additional foot for each additional two feet by which building height exceeds 25 feet.
(c)
For buildings containing three or more units there may be not less than 20 feet between abutting row buildings.
(d)
For permitted nonresidential buildings, interior side yards on each side of the building shall not be less than 15 feet plus one foot for each two feet by which the building height exceeds 15 feet.
(3)
Corner side yard. For permitted uses in an R-4 district, the minimum side yard abutting a public street requirements for permitted uses shall be established as follows:
(a)
In buildings containing fewer than three units, a side yard abutting a public street not less than 30 feet; however, corner side yards of not less than 25 feet established prior to the adoption of this chapter shall be considered conforming.
(b)
For buildings containing three or more dwelling units, a side yard abutting a public street of not less than 30 feet shall be provided; however, side yards of not less than 25 feet established prior to adoption of this chapter shall be considered conforming.
(c)
Reversed corner lots of record prior to the adoption of this chapter shall maintain a setback from the side street of not less than 25 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the abutting lot to the rear, nor be located nearer than ten feet to the side lot line of said abutting lot.
(d)
For permitted nonresidential uses, 20 feet plus one foot for each two feet by which the building height exceeds 15 feet.
(4)
Rear yard. A rear yard of not less than 30 feet shall be provided; however, rear yards of not less than 25 feet established prior to adoption of this chapter shall be considered conforming.
c.
Maximum lot coverage. Not more than 50 percent of the lot area.
d.
Building height. No building shall exceed a height of 40 feet.
e.
Maximum density. No parcel or tract within the R-4 general residence district shall have more than 12 dwelling units per net acre.
5.6.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.6.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.6; Ord. No. O-93-54, § 1, 9-16-1993; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005)
5.7.1 Purpose and intent. The Ontarioville Historic District is established to promote the educational, cultural and economic development, and general welfare of the community by:
a.
Fostering and improving commercial business within Ontarioville and the village;
b.
Stabilizing or increasing property values to protect past and future investment by merchants and property owners;
c.
Creating an atmosphere and character for the village that will stimulate and support business and enhance the quality of life;
d.
Fostering civic understanding and pride in Ontarioville's history;
5.7.2. Permitted uses.
a.
Bakeries less than 1,000 square feet in gross floor area.
b.
Cemeteries.
c.
Reserved.
d.
Office uses.
e.
Places of worship, and accessory uses required for operation.
f.
Retail sales less than 2,000 square feet gross floor area excluding automobile service stations and wrecking yards.
g.
Upper-story apartment dwellings.
h.
Village-owned utilities and facilities.
i.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
j.
Restaurants.
k.
Barber, cosmetology, manicure, and pedicure establishments less than 2,000 square feet gross floor area.
l.
Dance, music, and martial arts schools less than 2,000 square feet gross floor area.
m.
Dry cleaners and laundromats less than 2,000 square feet gross floor area.
n.
Retail repair shops less than 2,000 square feet gross floor area excluding motor vehicle repair facilities, body shops, car washes.
o.
Public libraries.
p.
Animal grooming.
5.7.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Bed and breakfast establishments.
b.
Coin-operated amusement centers.
c.
Day care centers.
d.
Drive-through facilities.
e.
Non-village-owned utilities and facilities.
f.
Planned unit developments.
g.
Social service facilities.
h.
Taverns.
i.
Veterinary clinics.
j.
Music schools.
k.
Animal day care.
l.
Commercial kennel.
5.7.4. Development standards.
a.
Minimum yard and maximum height standards (in linear feet):
Front/corner: 5.
Side: 0.
Rear: 30.
Height: 35.
b.
No product, merchandise, materials, or equipment shall be stored outside.
5.7.5. Procedure for development approval. The zoning administrator shall review all building permit applications for significant alterations or minor exterior modifications within the Ontarioville Historic District for compliance with this chapter.
a.
Permits for a minor exterior modification. Minor modifications shall include, but not be limited to the following:
(1)
Application or removal of paint from masonry or wood surfaces;
(2)
Addition, removal, or replacement of siding;
(3)
Addition, removal or replacement of window sash or window units;
(4)
Removal, replacement or repair of porch, window and door trim, and other decorative architectural elements;
(5)
Addition, removal, or replacement of window shutters;
(6)
Addition, removal, or replacement of awnings and canopies;
(7)
Addition, removal, or replacement of fences;
(8)
Addition, removal, or replacement of landscaping; and
(9)
Removal, replacement or addition of signs.
The zoning administrator shall, within 14 days following the receipt of a completed application for a permit for minor exterior modifications within the Ontarioville Historic District, approve, deny, or approve with conditions the permit application. If the application for a permit is denied, the applicant may appeal to the village manager's designee within seven days.
b.
Permits for a significant alteration. Improvements, construction, removal, or demolition other than minor exterior modifications shall require a permit for significant alteration. The zoning administrator shall, within 14 working days following the receipt of a permit application for a significant alteration approve, approve with condition, or deny the application.
The applicant must meet all requirements for a building permit.
(1)
Review criteria for a significant alteration. In making a determination whether to recommend approval, approval with conditions or denial of a permit for a significant alteration, the zoning administrator shall consider the purpose and intent of the Ontarioville Historic District. The standards to be used by the zoning administrator in making their determination shall include, but not be limited to, the following:
(a)
The preservation or restoration of the significant original qualities or character of the property, structure or improvements, including, if significant, its landscaping.
(b)
The removal or alteration of any historic or distinctive architectural or landscape features.
(c)
The compatibility of the architectural style and design detailing of the proposed construction, or significant alteration, with the original architecture of the property or the exterior architectural character of other structures within the Ontarioville Historic District.
(d)
The compatibility of the general design, arrangement, scale, texture or materials of the construction or alteration, with the historic, cultural, aesthetic or architectural and landscape values of significance in the Ontarioville Historic District.
(e)
The relationship of the location of the construction, alteration, or removal to streets, public or semipublic ways and any other structures, property, or landscaping within the Ontarioville Historic District.
(f)
Construction, alteration and demolition shall be allowed only in accordance with the following additional standards:
(i)
Every reasonable effort shall be made to minimize the alteration of significant features of the property, structure or site, and its environment.
(ii)
All property and structures shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier or later appearance shall be discouraged.
(iii)
Changes which may have taken place in the course of time are evidence of the history and development of a property, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and preserved.
(iv)
Distinctive stylistic features or examples of skilled craftsmanship which characterize a property, structure, or site shall be protected.
(v)
Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material need not be identical to but should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other structures.
(vi)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(vii)
Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or abutting to, any project.
(viii)
Contemporary design for new construction, alterations, and additions to existing properties or structures shall not be discouraged when such construction, alterations, and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
(ix)
Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would not be impaired.
(2)
Zoning administrator review process for a significant alteration.
(a)
If the zoning administrator finds that the work proposed in the application will comply with the review criteria in section 5.7.5(b)(2), the administrator shall issue a building permit for significant alteration.
(b)
The zoning administrator shall briefly state the reasons for the decision in writing and may recommend conditions to assure appropriateness of design, arrangement, texture, scale, material, color, location, landscaping, or other elements of appearance of the building, property, or structure involved.
(c)
If the zoning administrator finds that the proposed work does not meet the review criteria and that it will adversely affect or destroy any significant historic, cultural, aesthetic, or architectural feature or value of the structure or property within the Ontarioville Historic District or is inappropriate or inconsistent with the guidelines, the zoning administrator shall deny the application.
5.7.6, 5.7.7. Reserved.
5.7.8 Appeals process. Initiation and processing.
a.
An appeal may be taken to the president and board of trustees by the applicant aggrieved by the recommendations for denial or issuance of a permit for significant alteration within the Ontarioville Historic District.
b.
The appeal shall be taken within 30 days following the recommendation of denial or issuance by the zoning administrator of an application for a significant alteration.
c.
The president and board of trustees shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and zoning administrator and decide the appeal within 30 days after the conclusion of its hearing. At the hearing, a party may appear in person or be represented by an attorney. The president and board of trustees may recommend to reverse or affirm, wholly or partly, or may modify the application and recommendation for denial or issuance of an application for a significant alteration.
d.
Decisions. All final decisions shall be accompanied by findings of facts specifying the reason or reasons for recommending the approval or denial of the appeal. The decision of the president and board of trustees thereon shall be final.
5.7.9. Signs. All signs in the Ontarioville Historic District shall be in accordance with chapter 6 of the Municipal Code.
5.7.10. Off-street parking and loading. Parking and loading facilities shall be provided as required by section 110-6.2 of this chapter, except when the proposed erection and use of any new building or structure or the enlargement, rehabilitation, or increase in the capacity of any existing principal structure located in the Ontarioville Historic District would result in practical difficulty or undue hardship in complying with the off-street parking and loading requirements as required by section 110-6.2 of this chapter, the president and board of trustees may, upon finding that such practical difficulty or undue hardship exists, allow as a condition for a building permit a contribution by the applicant to the village an amount of $2,000.00 for each parking space and $3,000.00 for each loading space not otherwise provided as required by this chapter. The method and time period required for payment shall be determined by the village manager. These funds shall be deposited in an account to provide for the acquisition, erection, construction, improvement, or installation of parking facilities or structures. The expenditure of such funds for said purposes may be made at the time and in the manner determined by the corporate authorities to best provide adequate off-street parking facilities for the Ontarioville Historic District.
5.7.11. Landscaping, buffers, and screening. Landscaping, screening, and buffering treatments shall be carried out in a manner that complies with section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.7; Ord. No. O-92-27, § 1, 5-7-1992; Ord. No. O-95-44, § 1, 7-20-1995; Ord. No. O-97-30, § 3, 6-19-1997; Ord. No. O-00-35, §§ 1, 2, 9-7-2000; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-07-07, § 1, 4-19-2007; Ord. No. O-07-09, § 1, 4-5-2007; Ord. No. O-07-10, § 1, 4-5-2007; Ord. No. O-07-11, § 1, 4-5-2007)
5.8.1. Purpose. The B-1 convenience shopping district is established to provide convenience shopping for persons living in abutting residential areas. Permitted uses shall be those necessary to satisfy basic shopping needs that occur daily or frequently, and so require facilities in relative proximity to places of residence.
5.8.2. Permitted uses.
a.
Reserved.
b.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
c.
Bakeries, less than 2,000 square feet.
d.
Reserved.
e.
Package liquor sales.
f.
Publicly owned and/or operated parking structures.
g.
Restaurants.
h.
Medical clinics.
i.
Office uses.
j.
Village-owned utilities and facilities.
k.
Parks, forest preserves and recreational areas, when publicly owned and operated.
l.
Temporary structures incidental to and necessary for construction work.
m.
Public schools.
n.
Public libraries.
o.
Barber, cosmetology, manicure, and pedicure establishments.
p.
Dance, music, and martial arts schools.
q.
Dry cleaners and laundromats.
r.
Retail sales and retail repair shops within a building having a gross floor area not exceeding 150,000 square feet.
s.
Animal grooming.
5.8.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Taverns.
b.
Drive-through facilities.
c.
Shopping centers, exceeding 150,000 square feet gross floor area.
d.
Day care centers.
e.
Funeral homes.
f.
Public golf and tennis clubs.
g.
Coin-operated amusement centers.
h.
Planned unit developments.
i.
Veterinary clinics.
j.
Social service facilities.
k.
Non-village-owned utilities and facilities.
l.
Animal day care.
m.
Commercial kennel.
n.
Car washes, only if within completely enclosed building.
o.
Cannabis-dispensing facility or organization/dispensaries.
5.8.4. Conditions of use.
a.
Each neighborhood shopping center may range from a gross floor area of 10,000 to as much as 150,000 square feet exclusive of any floor area devoted to off-street parking or loading facilities.
b.
No parking area shall be constructed within 20 feet of any arterial street abutting a B-1 district. This area should be designated a perimeter yard having a minimum width of 20 feet and shall be landscaped as required by section 110-6.3 of this chapter.
c.
No parking shall be allowed between the foundation of the principal structure of an outlot building and the perimeter landscape buffer.
5.8.5. Development standards.
a.
Yard requirements.
(1)
Front yard. A front yard of not less than 75 feet in depth.
(2)
Corner side yard. A corner side yard shall not be any less than 75 feet in depth.
(3)
Side yard. A side yard shall not be less than 20 feet wide, except where such use abuts upon the side or rear of a lot in a residential district, in which case there shall be a side yard on the lot in the B-1 district of not less than 30 feet.
(4)
Rear yard. A rear yard of not less than 50 feet.
b.
Maximum floor area ratio (FAR) shall be 0.35.
c.
Lot coverage shall not exceed 75 percent.
d.
Minimum lot size shall be one acre. Lots of record prior to the adoption of this chapter less than one acre in area shall be considered conforming.
e.
Building height shall not exceed 35 feet.
5.8.6. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.8.7. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
5.8.8. Signs. See chapter 6 of the Municipal Code.
(Code 1975, ch. 27, § 5.8; Ord. No. O-97-30, § 4, 6-19-1997; Ord. No. O-07-09, § 2, 4-5-2007; Ord. No. O-07-10, § 2, 4-5-2007; Ord. No. O-07-11, § 2, 4-5-2007; Ord. No. O-11-27, § 2, 10-20-2011; Ord. No. O-21-02, § 1, 1-21-2021; Ord. No. O-22-29, § 2, 9-1-2022; Ord. No. O-24-37, § 1, 11-7-2024)
Cross reference— Licenses, permits and business regulations, ch. 58.
5.9.1. Purpose. The B-2 local business district is established to provide for a wide range of retail stores and related commercial establishments providing for both day-to-day and occasional shopping needs.
5.9.2. Permitted uses.
a.
Retail sales.
b.
Bakery.
c.
Banks and other financial institutions.
d.
Banquet facilities.
e.
Day care centers.
f.
Reserved.
g.
Funeral homes.
h.
Restaurants.
i.
Medical clinics.
j.
Office uses.
k.
Parks, forest preserves and recreational areas, when publicly owned and operated.
l.
Publicly owned and/or operated parking lots.
m.
Publicly owned and/or operated parking structures.
n.
Package liquor sales.
o.
Theaters and auditoriums.
p.
Village-owned utilities and facilities.
q.
Veterinary clinics.
r.
Temporary structures incidental to and necessary for construction work.
s.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
t.
Barber, cosmetology, manicure, and pedicure establishments.
u.
Retail repair shops, excluding motor vehicle repair facilities, body shops, and carwashes.
v.
Dance, music, martial arts and gymnastic schools.
w.
Dry cleaners and laundromats.
x.
Public libraries.
y.
Animal grooming.
z.
Limited sales dealer, subject to the requirements and limitations of section 58-301 of chapter 58 of this Code.
aa.
General sales dealer, excluding Pawn shop, subject to the requirements and limitations of section 58-301 of chapter 58 of this Code.
5.9.3. Special uses. The following may be allowed by special use:
a.
Automobile dealerships.
b.
Automobile rental and leasing establishments.
c.
Auto service stations.
d.
Any permitted or special use having no interior side yard.
e.
Building material sales.
f.
Carwashes, only if within completely enclosed building.
g.
Coin-operated amusement center.
h.
Colleges.
i.
Drive-through facilities.
j.
Hospitals.
k.
Motor vehicle service shops.
l.
Non-village-owned utilities and facilities.
m.
Open sales lot, nonvehicular.
n.
Places of public events such as auditoriums or stadiums.
o.
Planned unit developments.
p.
Recreational buildings and structures, public.
q.
Recreational buildings and structures, commercial.
r.
Schools, public, private and commercial.
s.
Social service facilities.
t.
Taverns.
u.
Hotels and motels.
v.
Bingo facilities.
w.
Off-track betting facilities.
x.
Nursing homes.
y.
Animal day care.
z.
Commercial kennel.
aa.
Pawn shop, subject to requirements of section 58-301 of chapter 58 of this Code.
bb.
Payday loan store.
cc.
Title loan store.
Pawn shop, payday loan store, and title loan store uses must adhere to and not violate the following requirements and conditions:
1.
No expansion of the use or the physical dimensions of the activity shall be permitted absent a new or amended special use;
2.
Pawn shop, payday loan store, and title loan store may not be located within 1,000 feet of any of the other said shops or stores and the measurement of such distance shall be measured from and to the nearest part of any building used for such shops or stores; and
3.
For purposes of determining required parking, said facilities shall be classified as "financial services" per section 6.2.3.—schedule of parking requirements.
dd.
Cannabis-dispensing facility or organization/dispensaries.
5.9.4. Conditions of use. All uses permitted in this district shall be retail and service establishments dealing directly with customers and shall be subject to the following:
a.
All goods produced on the premises shall be sold at retail on premises where produced.
b.
All outside storage areas of goods, materials, or products shall be enclosed by a solid fence (chainlink fencing with slats prohibited) not exceeding eight feet in height. Any goods, materials or products stored outside shall not be higher than the fence.
c.
All driveway locations shall be approved by the village.
5.9.5. Development standards.
a.
Yard requirements.
(1)
Front yard. A front yard of not less than 25 feet.
(2)
Corner side yard. A corner side yard of not less than 25 feet.
(3)
Side yard. A side yard of not less than ten feet, except where such use abuts upon the side or rear yard of a lot in a residential district, in which case there shall be a side yard on the lot in the B-2 district of not less than 30 feet.
(4)
Rear yard. A rear yard of not less than 25 feet, except where such use abuts upon the side or rear of a lot in a residential district, in which case there shall be a rear yard on the lot in the B-2 district of not less than 30 feet.
b.
Floor area ratio (FAR). Maximum floor area ratio (FAR) shall be 0.35.
c.
Maximum lot coverage. Lot coverage shall not exceed 75 percent.
d.
Minimum lot size shall be one acre. Lots of record prior to the adoption of this chapter less than one acre in area shall be considered conforming.
e.
Maximum building height. Building height shall not exceed 45 feet.
5.9.6. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.9.7. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
5.9.8. Signs. See chapter 6 of the Municipal Code.
(Code 1975, ch. 27, § 5.9; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-97-30, §§ 5, 6, 6-19-1997; Ord. No. O-97-57, § 1, 10-2-1997; Ord. No. O-01-21, § 1, 6-7-2001; Ord. No. O-01-29, §§ 2—4, 7-5-2001; Ord. No. O-02-46, § 1, 11-7-2002; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-06-31, § 1, 7-6-2006; Ord. No. O-06-32, § 1, 7-6-2006; Ord. No. O-07-09, § 3, 4-5-2007; Ord. No. O-07-10, § 3, 4-5-2007; Ord. No. O-07-11, § 3, 4-5-2007; Ord. No. O-15-05, §§ 2, 3, 3-5-2015; Ord. No. O-15-06, § 1, 3-5-2015; Ord. No. O-21-02, § 1, 1-21-2021; Ord. No. O-21-36, § 1, 12-16-2021; Ord. No. O-22-29, § 3, 9-1-2022; Ord. No. O-24-37, § 1, 11-7-2024)
Cross reference— Licenses, permits and business regulations, ch. 58.
5.10.1. Purpose. The BP business park district is intended to provide for unified development of mixed office research and light industrial uses in a campus-like setting, which will promote and maintain desirable economic activities. Such activities shall not create appreciable nuisances or hazards, but shall provide a pleasant, hazard- and nuisance-free environment. The purpose of the district is to allow for large scale development of structures:
a.
That are adequately served by public improvements and having access to arterial streets; and
b.
That will be separated from surrounding uses by substantial landscape buffering.
5.10.2. Permitted uses. The following uses are permitted:
a.
Manufacturing, fabricating, storing, cleaning, assembling, research, repairing or servicing establishments.
b.
Warehouses and storage facilities, excluding motor freight terminals.
c.
Wholesale establishments.
d.
Buildings used exclusively for offices.
e.
Accessory uses in accordance with section 110-6.6 of this chapter.
f.
Temporary storage in interior side yard and rear yards (not adjoining a street or residence district) for a period not to exceed 90 days, per 12-month period provided it is solidly screened to a height of eight feet with no storage above said solid eight-foot screen.
g.
Village-owned utilities and facilities.
h.
Recreational facilities, including but not limited to tennis courts, golf courses, and jogging, walking and biking trails and paths.
i.
Showroom and sales area as accessory uses to principal uses.
j.
Retail business services and personal service uses shall be permitted only as accessory uses to comprise not more than 15 percent of the building area. The retail businesses and personal service uses shall be ones that primarily service the occupancy of the principal use.
5.10.3. Special uses. The following uses may be allowed by special use permit:
a.
Day care centers.
b.
Hotels and motels.
c.
Restaurants.
d.
Non-village-owned utilities and facilities.
e.
Planned unit developments.
f.
Medical cannabis cultivation center.
g.
Medical cannabis dispensing facility.
h.
Adult use recreational cannabis business.
5.10.4. Conditions of use.
a.
The minimum net development area shall be 15 acres.
b.
Residential units shall not be allowed. Watchmen's dwellings shall be permitted only as accessory uses on the premises where employed.
c.
All business, servicing or processing, except for off-street parking and off-street loading, shall be conducted within completely enclosed buildings, unless otherwise indicated herein.
d.
Processes and equipment employed and goods processed or sold shall be limited to those not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibrations, refuse matter, or water-carried waste.
e.
Permitted accessory retail uses in the business park district shall be located within a building or structure containing a permitted use.
f.
No lot, parcel, or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: abattoirs; acid manufacture; arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacture or storage; dumping or reduction of garbage, dead animals, offal or refuse; ore reduction, petroleum procession or refining; pyroxylin manufacture; synthetic polymers manufacturing; gutta-percha manufacture or treatment; salt works; sauerkraut manufacture; soap manufacture; smelters; stockyards/or slaughter of animal or fowl; tallow, grease, or lard manufacture or treatment; tanning, curing or storage of rawhides or skins; tar distillation or manufacture; cement concrete or asphaltic concrete batch mixing plants; automobile or truck repair, or body shops.
g.
No activities involving the storage, utilization or manufacture of materials or products that decompose by detonation shall be permitted, except such are specifically approved by the village. Such materials shall include, but shall not be confined to: all primary explosives such as lead azide, lead styphnate, fulminates, and tetrocene; all high explosives such as TNT, RDS, HMS, PETN and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron dydrides, hydrazine, and its derivatives; pyrotechnics and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as acetylides, tetrazoles, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentration greater than 35 percent and nuclear fuels, fissionable materials, and products and reactor elements such as uranium 235 and plutonium 239.
h.
Any use established in the business park district hereafter shall be operated in such a manner as to comply with applicable performance standards governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, or vibration, glare, or heat. No noxious or offensive trades, services, or activities shall be conducted on the property, nor shall anything be done therein that may be or become an annoyance or nuisance by reason of unsightliness or excessive emissions of odors, fumes, smoke, vibration, dirt, dust, glare, wastes or noise. Such emission will be governed by all local, state and federal laws, rules and regulations.
i.
Site plan approval. All applications for building permits in the district shall require site plan approval.
5.10.5. Development standards.
a.
Minimum lot size.
(1)
Lot area. Not less than two acres except 25 percent of the total area of the district may be lots of 1.75 acres in size.
(2)
Lot width. Not less than 150 feet at the building line.
(3)
Floor area ratio (FAR). The floor area ratio (FAR) shall not exceed 0.5.
b.
Required yards.
(1)
Front yard. Not less than 50 feet, except front yards adjoining arterial streets shall not be less than 75 feet.
(2)
Side yards.
(a)
On a corner lot, an interior side yard of not less than 15 feet and a corner side yard of not less than 50 feet, except corner side yards adjoining arterial streets shall not be less than 75 feet.
(b)
On an interior lot two interior side yards neither of which shall be less than 15 feet and a combined width of both yards of not less than 35 feet, provided the distance between adjoining buildings shall be not less than 35 feet.
(3)
Rear yard.
(a)
An interior rear yard of not less than 15 feet, provided the distance between abutting buildings shall be not less than 35 feet.
(b)
Where adjoining an arterial street, the rear yard shall be not less than 50 feet.
(c)
Where adjoining a nonresidential zoning district, a rear yard of not less than 25 feet shall be provided.
(4)
Perimeter yard. A perimeter yard shall be established around the entire perimeter of the zoning district in accordance with the following standards:
c.
Building height. Building height shall not exceed 60 feet. For buildings greater than 25 feet in height, the minimum required yards shall be increased by one foot for each one foot in building height over 25 feet.
d.
Maximum lot coverage. Maximum coverage of any lot within this district shall not exceed 75 percent.
5.10.6. Landscaping requirements. Landscaping shall be installed in accordance with the provisions set forth in section 110-6.3 of this chapter except as amended by the following provisions.
a.
Perimeter yard. Landscaping and screening shall be provided in the perimeter yard:
(1)
Such screening shall be a minimum of five feet in height. When abutting to residential lots, the height of such screen shall be increased so as to be measured from the average elevation of the adjoining residential property line.
(2)
When abutting to a residential district, the use of a three-foot to five-foot earthen berm shall be required.
(3)
When abutting to a residential district, at a minimum, trees planted within the perimeter yard shall include:
(a)
Deciduous: Three per 100 lineal feet.
(b)
Evergreen: Five per 100 lineal feet.
(c)
Flowering: Five per 100 lineal feet.
(4)
When abutting to a nonresidential district other than a business park or high cube district, 50 percent of the requirements of 5.10.6.a(3), above, shall apply in combination with a two-foot to four-foot berm.
(5)
When abutting to another business park or high cube district no plant material is required beyond the building lot or parking lot landscaping and screening standards.
b.
Streets and rights-of-way. To create entranceways into the development, landscaping, signage, and other forms of monumenting shall be provided at major street intersections. These entranceways shall be accented with denser, more mature plantings than otherwise required by this section and shall include the installation of evergreen and other flowering shrubs.
c.
Lot landscaping.
(1)
Foundation. A minimum ten-foot strip in the front of the structure and a five-foot strip of landscaping along the side lines of the structure. On a corner lot there shall be two front faces of the structure (along the front and corner side yards). These areas shall contain a minimum of 50 percent of shrubs and/or ornamental trees and 50 percent turf or other ground cover, unless functionally impractical due to building/structural appurtenances as determined by the zoning administrator, or where permitted by section 110-6.3.9.e. for food processing businesses.
(2)
Interior parking lots. For parking lots over six spaces in size, landscape islands shall be provided at both ends of every row of parking spaces and a mid-row landscape island shall be provided for each 20 parking spaces. A minimum of five percent of the parking area must be landscaped. The minimum size of a planting area is 180 square feet with a minimum width of ten feet. One shade tree must be provided for each 180 square feet of landscaped area. The area at the perimeter of the parking lot, to a maximum width of three feet, may be used to satisfy part of the required five percent landscaped area provided:
(a)
The area is landscaped with shrubbery or trees;
(b)
The area is not part of a required yard; and
(c)
The area is not part of a landscaped area required elsewhere by this chapter.
(3)
Parking lot screening. Unless sufficiently screened by perimeter yard landscaping and screening, all yards and off-street parking areas must be adequately screened as required by section 110-6.3.
(4)
Interior side yard. At a minimum, one shade tree for each 80 feet on center (as measured per lineal foot along the side lot line), and alternately spaced with the existing or proposed trees within an interior side yard or rear yard of an adjoining parcel.
(5)
Rear yard landscaping. At a minimum, one shade tree for each 80 feet on center (as measured per lineal foot along the rear lot line) and alternately spaced with the existing or proposed trees if within an interior side yard or rear yard of an adjoining parcel.
d.
General conditions on landscaping.
(1)
Berming. Mounding shall generally vary in height, width, and length to create a free-form, naturalistic effect.
(2)
The side slope of berms shall not exceed a 3:1 ratio; a 6:1 ratio is preferred.
(3)
Under circumstances where existing development or the physical condition of a site and its surroundings makes an alternative landscape plan more practical while fulfilling the intent of this section, the zoning administrator may approve similar kind and density of planting material distributed proportionately from what this section requires provided the overall volume and density of landscaping required by this section is not reduced.
5.10.7. Establishing a business park district.
a.
Application.
(1)
Application for a business park district may be made by the property owner by filing an application for a zoning amendment with the zoning administrator, in accordance with requirements of this chapter;
(2)
At the time the application is filed, the developer shall also submit plans, data, and other information as required by this chapter;
(3)
Copies of the application and submittals shall be forwarded to the development commission for a public hearing; and
(4)
The applicant shall give notice of the public hearing in accordance with procedures outlined in section 110-4.10.1.
b.
Concept plan—Submittals. At the time of the application, the developer shall submit 15 copies folded to 8½ inches by 14 inches with the title block and date clearly displayed and one copy 11 inches by 14 inches in size of the following materials:
(1)
A location map, illustrating the relationship of the property to surrounding land uses;
(2)
A plat of survey prepared by an Illinois registered land surveyor, including a legal description of the subject property to be included in the district and location of lot lines and all existing structures.
(3)
Architectural drawings and sketches illustrating the design and character of proposed structures.
(4)
Concept landscape plan for the district, prepared by a landscape architect and showing the proposed treatment of major entranceways, rights-of-way, and perimeter buffers.
(5)
A preliminary engineering study, including the following:
(a)
A general description and location map showing the location and size of existing sanitary sewers, storm sewers, water service facilities, streets, and rights-of-way within and abutting to 200 feet of the proposed district;
(b)
A study of existing site conditions including soils, wetlands, stormwater runoff, and any other significant natural features;
(c)
Proposed improvements necessary to properly handle the traffic, potable water, sanitary sewer, stormwater drainage and other service needs upon development of the district; and
(d)
Designation of proposed street system.
(6)
A description of the modifications, exceptions, and variations from this chapter, or the village's subdivision control ordinance, if any, which are being requested as part of the application for the establishment of the district.
(7)
A development plan, showing proposed phasing of the project and estimated time of completion for each phase.
(8)
A traffic impact analysis prepared by a traffic engineer.
(9)
A fiscal impact analysis.
(10)
Any other pertinent information as deemed necessary by the zoning administrator and/or the development commission.
c.
Concept plan approval.
(1)
After the required submittals have been presented and reviewed during the public hearing, the development commission shall submit its recommendation with respect to the application to the president and board of trustees. The development commission may recommend:
(a)
Approval of the application;
(b)
Approval of the application, with conditions; or
(c)
Disapproval of the application.
(2)
The development commission may recommend, or the president and board of trustees may require, changes or revisions to the plans as are deemed necessary in the interest and needs of the community, provided they are in keeping with the intent of this chapter.
(3)
The development commission shall set forth the reasons for its recommendation in the findings of fact which shall be forwarded to the president and board of trustees within 30 days after the close of the hearing:
(a)
Any requested exceptions, modifications, or variations from this chapter or the village's subdivision control ordinance, should be clearly documented in the findings of fact;
(b)
In the event of a favorable recommendation, the plan commission shall specify particular conditions which should be incorporated into an approval of the application, which may or may not include requested exceptions, modifications, or variations from this chapter and the Municipal Code.
(4)
Within 30 days after receipt of the plan commission's recommendation, the president and board of trustees shall either approve, approve with conditions, disapprove or refer back to the developer and the plan commission for modification and review:
(a)
A conditional approval shall state what additions to or deletions from the application shall be made;
(b)
Any exceptions, modifications, or variations from this chapter that are granted by the president and board of trustees must be clearly stated and identified as part of the approval.
d.
Final plan approval for individual lots.
(1)
All lots within the district shall be developed according to the approved concept plan, development ordinance, and all regulations and restrictions contained in this chapter; provided however, upon approval of the final plat of subdivision of any portion of the development, the developer shall be able to build on part of a lot or on one lot and part of another lot, provided the combined lot and the remaining portion, when combined with its adjoining lots, meets the minimum lot size and setback requirements of the ordinance.
(2)
Prior to the issuance of a building permit, the owner of a particular lot or tract within the district shall submit six copies of the final plan, including landscaping, at a scale not less than one inch equals 50 feet, to the zoning administrator for review and approval.
e.
Final plat of subdivision. All lots within the district shall be created by final plats of subdivision that comply with the approved concept plan, development ordinance, all regulations and restrictions contained in this chapter, and the applicable provisions of the subdivision ordinance of the village.
If the owner of any abutting lots contained in any recorded plan of subdivision desires to construct a structure on part of a lot, or on one or more abutting lots and a part of another abutting lot the owner may apply for the resubdivision of any such lot by complying with the following procedure:
(1)
A plat of resubdivision, which complies with all applicable requirements of the subdivision ordinance determined applicable by the zoning administrator and the village engineer, shall be filed with the zoning administrator;
(2)
Within five working days of receipt of documents required by the preceding section, the zoning administrator shall give the owner written notice of determination that such plat complies with the provision of paragraph (1) above, or the specific reason why such plan and/or other required documents fail to comply with such requirements.
(3)
Upon determination by the zoning administrator that the plat of resubdivision complies with all applicable provisions of the Municipal Code and of the laws of the state and that all lots created by the plat of resubdivision contain the minimum dimensions for lots in the zoning district, the zoning administrator shall submit the plat of resubdivision to the president and board of trustees with a recommendation for approval.
(4)
At the next regularly scheduled meeting of the president and board of trustees the resolution for approval of the plat of resubdivision shall be presented for consideration for adoption.
5.10.8. Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the provisions set forth in this chapter; except, off-street loading berths shall be completely enclosed and shall not open onto a rear yard when adjoining a residence district.
5.10.9. Signage. Signage shall be as provided by a master plan inclusive of standards for all sign types submitted to the zoning administrator for approval.
(Code 1975, ch. 27, § 5.10; Ord. No. O-94-58, § 1, 10-6-1994; Ord. No. O-95-02, § 19, 1-5-1995; Ord. No. O-95-57, § 2, 9-7-1995; Ord. No. O-14-17, § 2, 5-15-2014; Ord. No. O-20-12, § 3, 3-5-2020)
Cross reference— Licenses, permits and business regulations, ch. 58.
5.11.1. Purpose. The HC high cube district is intended to provide for a unified development of mixed office, research and light to medium industrial uses in a campus-like setting, which will promote and maintain desirable economic activities. Such activities shall not create appreciable nuisances or hazards, but shall provide a pleasant, hazard- and nuisance-free environment. The purpose of this district is to allow for large scale development that: a) is adequately served by the public improvements and accessible to arterial streets; and b) will be separated from surrounding areas by substantial landscape buffering.
The distinguishing features of the high cube district are structures that provide high-bulk, open, free-span buildings typically associated with storage, warehousing and distribution facilities.
5.11.2. Permitted uses. The following uses are permitted:
a.
Manufacturing, fabricating, storing, cleaning, assembling, research, repairing, or servicing establishments.
b.
Warehouses and storage facilities, excluding motor freight terminals.
c.
Wholesale establishments.
d.
Accessory uses in accordance with the provisions of section 110-6.6 of this chapter.
e.
Recreational facilities, including but not limited to tennis courts, golf courses, and jogging, walking and biking trails and paths.
f.
Showroom and sales area as accessory uses to principal uses.
g.
Retail business services and personal service uses shall be permitted only as accessory uses, to consist of not more than 15 percent of the building area. The retail business and personal service uses shall be ones that primarily service the principal use.
h.
Village-owned utilities and facilities.
i.
Sexually oriented business, provided no such use shall be established or maintained within a premises which is located within 500 feet of:
(1)
A religious institution.
(2)
A private or public school or a day care center.
(3)
A boundary of a residential district as shown by the village's official zoning map.
(4)
A public park as shown by the village's official zoning map.
(5)
The property line of a lot devoted to residential use.
(6)
Another sexually oriented business whether such other business is or is not within this corporate units [the corporate limits] of the village.
For this use, no minimum separation shall be required from the above-described (1) through (6) where a sexually oriented business is separated from any of the above-described (1) through (6) by the Elgin-O'Hare Expressway or by any existing railroad right-of-way, which prevents direct access to any of the above-described (1) through (6).
For the purposes of this section, measurement shall be made in straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a religious institution or school or day care center, or to the nearest boundary of an affected public park, residential district, or residential lot.
For purposes of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
5.11.3. Special uses. The following uses may be allowed by special use permit:
a.
Retail sales.
b.
Open storage, outdoor.
c.
Buildings used exclusively for offices.
d.
Non-village-owned utilities and facilities.
e.
Planned unit developments.
f.
Multi-tenant retail, with the following conditions:
(1)
All vendors are to maintain a current business license with the village.
(2)
Outdoor display, sale, or storage of goods is not permitted.
(3)
An approved special use plan is required, which must address such details as appropriate circulation, parking, lighting, landscaping, signage, drainage, waste disposal, and safety measures.
g.
Medical cannabis dispensing facility.
h.
Adult use recreational cannabis business.
5.11.4. Conditions of use.
a.
The minimum net development area to be located in this district shall be 50 acres.
b.
Residential units shall not be allowed. Watchmen's dwellings shall be permitted only as accessory uses on the premises where employed.
c.
All business, servicing or processing, except for off-street parking and off-street loading, shall be conducted within completely enclosed buildings, unless otherwise indicated herein.
d.
Processes and equipment employed, and goods processed or sold, shall be limited to those not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibrations, refuse matter, or water-carried waste.
e.
All outside storage areas of goods, materials, or products shall be screened with a solid eight-foot fence (no chain link). Stored material shall not exceed the fence height. Maximum storage area may not exceed 20 percent of proposed building footprint area. Storage shall be permitted in the rear of structures only.
f.
Retail uses in the high cube district shall be located within a building or structure containing a permitted use.
g.
No lot, parcel, or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: abattoirs; acid manufacture; arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacturing or storage; dumping or reduction of garbage, dead animals, offal or refuse; ore reduction, petroleum processing or refining; pyroxylin manufacture; synthetic polymers manufacturing; gutta-percha manufacture or treatment; salt works; sauerkraut manufacture; soap manufacture; smelters; stockyards/or slaughter of animals or fowl; tallow grease or lard manufacture or treatment; tanning, curing or storage of rawhides or skins; tar distillation or manufacture; or cement concrete or asphaltic concrete batch mixing plants.
h.
No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically approved by the village. Such materials shall include, but shall not be confined to: all primary explosives such as lead azide, lead styphnate, fulminates, and tetrocene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron dydrides, hydrazine, and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as acetylides, tetrazoles, perchloric acid, perchlorates, chlorates, hydrogen peroxide in concentration greater than 35 percent; and nuclear fuels, fissionable materials, and products and reactor elements such as uranium 235 and plutonium 239.
i.
Any use established in the high cube district hereafter shall be operated in such a manner as to comply with applicable performance standards governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, or vibration, glare or heat. No noxious or offensive trades, services, or activities shall be conducted on the property, nor shall anything be done therein that may be or become an annoyance or nuisance by reason of or excessive emission of odors, fumes, smoke, vibration, dirt, dust, glare, wastes, or noise. Such emission will be governed by all local, state, and federal laws, rules, and regulations.
5.11.5. Development standards.
a.
Minimum lot size.
(1)
Lot area. Not less than three acres.
(2)
Lot width. Not less than 200 feet at the front yard line.
(3)
Floor area ratio (FAR). The floor area ratio (FAR) shall not exceed 0.625.
b.
Minimum yards.
(1)
Front yards. Not less than 50 feet, except that front yards adjoining arterial streets shall not be less than 75 feet.
(2)
Side yards.
(a)
On a corner lot, an interior side yard of not less than 15 feet and a corner side yard of not less than 50 feet, except corner side yards adjoining arterial streets shall not be less than 75 feet.
(b)
On an interior lot, two interior side yards neither of which shall be less than 15 feet and a combined width of both yards of not less than 35 feet provided the distance between adjoining buildings shall be not less than 35 feet.
(3)
Rear yard.
(a)
An interior rear yard of not less than 15 feet, provided the distance between abutting buildings shall be not less than 35 feet.
(b)
Where adjoining an arterial street, the rear yard shall be not less than 50 feet.
(c)
Where adjoining a nonresidential zoning district, a rear yard of not less than 25 feet.
(4)
Perimeter yard. A perimeter yard shall be established around the entire perimeter of the zoning district in accordance with the following standards:
c.
Building height. Building height shall not exceed 60 feet. For buildings greater than 25 feet in height, the minimum required yards shall be increased by one foot for each one foot in building height over 25 feet.
d.
Maximum lot coverage. Maximum lot coverage shall not exceed 80 percent.
5.11.6. Landscaping requirements. Landscaping shall be installed in accordance with the provisions set forth in this chapter and the Municipal Code except as amended by the following provisions:
a.
Perimeter yard. Landscaping and screening shall be provided in the perimeter yard as follows:
(1)
Screening shall be a minimum of five feet in height. When abutting to residential lots, the height of such screen shall be increased so as to be measured from the average elevation of the adjoining residential property line.
(2)
When abutting to a residence district the use of a three- to five-foot earthen berm shall be required.
(3)
When abutting to a residence district at a minimum, trees shall be planted within the perimeter yard and shall include:
(a)
Deciduous: Three per 100 lineal feet.
(b)
Evergreen: Five per 100 lineal feet.
(c)
Flowering: Five per 100 lineal feet.
(4)
When abutting to a nonresidential district other than business park or high cube district, 50 percent of the requirements of 5.11.6.a(3), above, shall apply in combination with a two-foot to four-foot berm.
(5)
When abutting to another industrial or business park use, no plant material is required beyond the building lot or parking lot landscaping and screening standards.
b.
Streets and rights-of-way. To create "entranceways" into the development, landscaping, signage and other forms of monumenting shall be provided at major street intersections. These "entranceways" shall be accented with denser more mature plantings than otherwise required by this section and shall include the installation of evergreen and other flowering shrubs.
c.
Lot landscaping.
(1)
Foundation. A minimum ten-foot strip in the front of the structure and a five-foot strip of landscaping along the side lines of the structure. On a corner lot there shall be two front faces of the structure (along the front and corner side yards.) These areas shall contain a minimum of 50 percent of shrubs and/or ornamental trees and 50 percent turf or ground cover, unless functionally impractical due to building/structural appurtenances as determined by the zoning administrator, or where permitted by section 110-6.3.9.e for food processing businesses.
(2)
Interior parking lots. For parking lots over six spaces in size, landscape islands will be required at both ends of every row of parking spaces and a mid-row landscape island must be provided for each 20 parking spaces. A minimum of five percent of the parking area must be landscaped. The minimum size of a planting area is 180 square feet with a minimum width dimension of ten feet. One shade tree must be provided for each 180 square feet of landscaped area. The area at the perimeter of the parking lot, to a maximum width of three feet, may be used to satisfy part of the required five percent landscaped area providing:
(a)
The area is landscaped with shrubbery or trees;
(b)
The area is not part of a required yard; and
(c)
The area is not part of a landscaped area required elsewhere by this chapter.
(3)
Parking lot screening. Unless sufficiently screened by perimeter yard landscaping and screening, all yards and off-street parking areas must be adequately screened as required by section 110-6.3.
(4)
Interior side yard. At a minimum, one shade tree for each 80 feet on center (as measured per lineal foot along the side lot line), and alternately spaced with the existing or proposed trees within an interior side yard or rear yard of an adjoining parcel.
(5)
Rear yard landscaping. At a minimum, one shade tree for each 80 feet on center (as measured per lineal foot along the side lot line) and alternately spaced with the existing or proposed trees if within an interior side yard or rear yard of an adjoining parcel.
d.
General conditions on landscaping.
(1)
Berming. Mounding shall generally vary in height, width and length, to create a free-form, naturalistic effect.
(2)
The side slope of berms shall not exceed 3:1 ratio, and a 6:1 ratio is desired.
(3)
Under circumstances where existing development or the physical condition of a site and its surroundings makes an alternative landscape plan more practical while fulfilling the intent of this section, the zoning administrator may approve like kind and density of planting material distributed differently than what this section requires provided the overall volume and density of landscaping required by this section is not reduced.
5.11.7. Establishing a high cube district.
a.
Application.
(1)
Application for a high cube district may be made by the property owner by filing an application for a zoning amendment with the zoning administrator, in accordance with requirements of this chapter;
(2)
At the time the application is filed, the developer shall also submit plans, data, and other information as required by this chapter;
(3)
Copies of the application and submittals shall be forwarded to the development commission for a public hearing; and
(4)
The applicant shall give notice of the public hearing in accordance with procedures outlined in section 110-4.10.1.
b.
Concept plan—Submittals. At the time of the application, the developer shall submit 15 copies folded to 8½ inches by 14 inches with the title block and date clearly displayed and one copy 11 inches by 14 inches in size of the following materials:
(1)
A location map, which illustrates the relationship of the property to surrounding land uses;
(2)
A plat of survey prepared by an Illinois registered land surveyor, including a legal description of the subject property to be included in the district, lot lines, and all existing structures.
(3)
Architectural drawings and sketches illustrating the design and character of proposed structures.
(4)
Concept landscape plan for the district, prepared by a landscape architect, showing proposed treatment of major entranceways, rights-of-way, and perimeter buffers.
(5)
A preliminary engineering study, including the following:
(a)
A general description of and location map showing location and size of existing sanitary sewers, storm sewers, water service facilities, streets, and rights-of-way within and abutting to 200 feet of the proposed district;
(b)
A study of existing site conditions including soils, wetlands, stormwater runoff, and any other significant natural features;
(c)
Proposed improvements necessary to properly handle the traffic, potable water, sanitary sewer, stormwater drainage and other service needs upon development of the district; and
(d)
Designation of proposed street system.
(6)
A description of the modifications, exceptions, and variations from this chapter, or the village's Subdivision Ordinance, if any, which are being requested as part of the application for the establishment of the district.
(7)
A development plan, showing proposed phasing of the project and estimated time of completion for each phase.
(8)
A traffic impact analysis prepared by a traffic engineer.
(9)
A fiscal impact analysis.
(10)
Any other pertinent information as deemed necessary by the zoning administrator and/or the commission.
c.
Concept plan approval.
(1)
After the required submittals have been presented and reviewed during the public hearing, the plan commission shall submit its recommendation with respect to the application to the president and board of trustees. The development commission may recommend:
(a)
Approval of the application;
(b)
Approval of the application with conditions; or
(c)
Disapproval of the application.
(2)
The development commission may recommend, or the president and board of trustees may require, changes or revisions to the plans as are deemed necessary in the interest and needs of the community, provided they are in keeping with the intent of this chapter.
(3)
The development commission shall set forth the reasons for its recommendation in the findings of fact which shall be forwarded to the president and board of trustees within 30 days after the close of the hearing and:
(a)
Any requested exceptions, modifications, or variations from this chapter or the village's subdivision ordinance, should be clearly documented in the findings of fact;
(b)
In the event of a favorable recommendation, the development commission shall specify particular conditions which should be incorporated into an approval of the application, which may or may not include requested exceptions, modifications, or variations from this chapter.
(4)
Within 30 days after receipt of the plan commission's recommendation, the president and board of trustees shall either approve, approve with conditions, disapprove or send the application back to the developer and the development commission for modification and review:
(a)
A conditional approval shall state what additions to or deletions from the application shall be made; and
(b)
Any exceptions, modifications, or variations from this chapter that are granted by the president and board of trustees must be clearly stated and identified as part of the approval.
d.
Final plan approval for individual lots.
(1)
All lots within the district shall be developed according to the approved concept plan, development ordinance, and all regulations and restrictions contained in this chapter, provided however, upon approval of the final plat of subdivision of any portion of the development, the developer shall be able to build on part of a lot or on one lot and part of another lot, provided the combined lot or the remaining portion, when combined with its adjoining lots, meets the minimum lot size and set back requirements of the ordinance.
(2)
Prior to the issuance of a building permit, the owner of a particular lot or tract within the district shall submit six copies of final plan, including landscaping, at a scale not less than one inch equals 50 feet, to the zoning administrator for review and approval.
e.
Final plat of subdivision. All lots within the district shall be created by final plats of subdivision which comply with the approved concept plan, development ordinance, all regulations and restrictions contained in this chapter and the applicable provisions of the subdivision ordinance.
If the owner of any abutting lots contained in any recorded plat of subdivision desires to construct a structure on part of a lot, or on one or more abutting lots and a part of another abutting lot the owner may apply for the resubdivision of any such lot by complying with the following procedure:
(1)
A plat of resubdivision, which complies with all applicable requirements of the subdivision ordinance determined applicable by the zoning administrator and the village engineer, shall be filed with the zoning administrator;
(2)
Within five working days of receipt of documents required by the preceding section, the zoning administrator shall give the owner written notice of determination that such plat complies with the provision of paragraph (1) above or the specific reason why such plan and/or other required documents fails to comply with such requirements.
(3)
Upon determination by the zoning administrator that the plat of resubdivision complies with all applicable provisions of the Municipal Code and of the laws of the State of Illinois and that all lots created by the plat of resubdivision contain the minimum dimensions for minimum size lots in the zoning district, the zoning administrator shall submit the plat of resubdivision to the president and board of trustees with a recommendation for approval.
(4)
At the next regularly scheduled monthly meeting of the president and board of trustees the resolution for approval of the plat of resubdivision shall be presented for consideration and adoption.
5.11.8. Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the provisions set forth in this chapter. Except, however, off-street loading berths shall be completely enclosed and shall not open onto a rear yard when adjoining a residence district.
5.11.9. Signage. Signage shall be as provided by a master plan inclusive of standards for all sign types submitted to the zoning administrator for approval.
(Code 1975, ch. 27, § 5.11; Ord. No. O-95-02, § 19, 1-5-1995; Ord. No. O-95-57, § 3, 9-7-1995; Ord. No. O-99-14, art. 4, 3-4-1999; Ord. No. O-11-13, § 3, 6-2-2011; Ord. No. O-14-17, § 3, 5-15-2014; Ord. No. O-20-12, § 4, 3-5-2020)
5.12.1. Purpose. The L-I limited industrial district is established to provide areas for industrial concerns whose operations meet high performance standards, to establish standards of performance so that industrial districts may be established in proximity to residential, business, business park and high cube districts without adversely affecting such areas, and to provide regulations to assure adequate open space between industrial uses in the L-I limited industrial district boundaries and abutting residential areas.
5.12.2. Permitted uses. The following uses are permitted:
a.
Building equipment yards.
b.
Central dry cleaning plants.
c.
Manufacturing, fabricating, cleaning, assembling, research, repairing or servicing establishments, except those specified as special uses in section 110-5.12.3.
d.
Village-owned utilities and facilities.
e.
Warehouse uses.
f.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
g.
Bakeries.
h.
Buildings devoted exclusively for offices, including but not limited to medical, dental, and other professional offices.
i.
Sexually oriented business, provided no such use shall be established or maintained within a premises which is located within 500 feet of:
(1)
A religious institution.
(2)
A private or public school or a day care center.
(3)
A boundary of a residential district as shown by the village's official zoning map.
(4)
A public park as shown by the village's official zoning map.
(5)
The property line of a lot devoted to residential use.
(6)
Another sexually oriented business whether such other business is or is not within this corporate units [the corporate limits] of the village.
For this use, no minimum separation shall be required from the above-described (1) through (6) where a sexually oriented business is separated from any of the above-described (1) through (6) by the Elgin-O'Hare Expressway or by any existing railroad right-of-way, which prevents direct access to any of the above-described (1) through (6).
For the purposes of this section, measurement shall be made in straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a religious institution or school or day care center, or to the nearest boundary of an affected public park, residential district, or residential lot.
For purposes of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
5.12.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Reserved.
b.
Carwashes, only if in completely enclosed buildings.
c.
Athletic clubs.
d.
Planned unit developments.
e.
Automobile dealerships.
f.
Motor vehicle service shops.
g.
Open sales or rental lots.
h.
Automobile service stations.
i.
Day care centers.
j.
Non-village-owned utilities and facilities.
k.
Body shops.
l.
Gymnastics schools.
m.
Dance schools.
n.
Medical cannabis dispensing facility.
o.
Adult use recreational cannabis business.
5.12.4. Conditions of use. All permitted and special uses are subject to the following conditions:
a.
Any production, processing, cleaning, servicing, testing and repair, or storage of goods, materials, or products shall conform with all applicable performance standards of the Municipal Code.
b.
All businesses, production, servicing, and processing shall take place within completely enclosed buildings unless otherwise specified. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be no higher than, and enclosed by, solid walls or fences (including solid doors or gates thereto) (chainlink fencing with slats prohibited) not to exceed eight feet in height. Stored material shall not exceed the fence height.
c.
Outdoor storage of uncontained bulk materials such as powder, grain, stone, sand, and coal, which have a tendency to become windborne, is prohibited.
5.12.5. Development standards.
a.
Yard area requirements.
(1)
Front yard. A front yard of not less than 50 feet in depth, but on an arterial street not less than 75 feet.
(2)
Corner side yard. A corner side yard shall not be less than 50 feet in depth, but not less than 75 feet on an arterial street.
(3)
Side yard. An interior side yard shall be not less than 15 feet wide, except where such use abuts upon the side of a lot in any residential district, in which case there shall be a side yard of not less than 30 feet.
(4)
Rear yard. A rear yard shall be not less than 30 feet.
b.
Maximum floor area ratio (FAR) shall be 0.50.
c.
Lot coverage shall not exceed 85 percent.
d.
Minimum lot size shall be one acre.
e.
Building height shall not exceed 60 feet.
5.12.6. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.12.7. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
5.12.8. Signs. See chapter 6 of the Village Code.
(Code 1975, ch. 27, § 5.12; Ord. No. O-95-02, § 18, 1-5-1995; Ord. No. O-97-57, § 2, 10-2-1997; Ord. No. O-99-14, arts. 2, 4, 3-4-199; Ord. No. O-14-17, § 4, 5-15-2014; Ord. No. O-20-12, § 5, 3-5-2020)
Cross reference— Licenses, permits and business regulations, ch. 58.
5.13.1. Purpose. The purpose and intent of the limited office district is to:
a.
Preserve the character of existing office development offering personal services of a professional nature which typically generate less vehicular traffic and require less visibility and accessibility from principal arterial streets than other business uses;
b.
Permit the development of office facilities in areas unsuitable for other business uses, or residential or industrial uses;
c.
Serve as a transitional buffer between residential uses and other business or industrial uses.
5.13.2. Permitted uses. The following uses are permitted:
a.
Village-owned utilities and facilities;
b.
Temporary structures incidental to and necessary for construction work;
c.
Parks, forest preserves and recreational areas, when publicly owned and operated.
5.13.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Professional office establishments such as:
Accounting, auditing, etc.
Artists and industrial designers.
Attorneys and law offices.
Business and management consultants.
Design firms.
Engineering and architectural services.
Fences between six and eight feet in height.
Medical research facilities.
Professional consultants, and offices.
Research firms.
Regional sales offices, etc.
b.
Health, medical, and care institutions such as medical and dental offices and clinics.
c.
Veterinary office.
d.
Planned unit developments.
e.
Non-village-owned utilities and facilities.
5.13.4. Development standards.
a.
Minimum lot size. The minimum lot area required for the development in the limited office district shall be 7,735 square feet.
b.
Yard requirements.
(1)
Front yard. There shall be provided a front yard of not less than 30 feet in depth along every front line.
(2)
Interior side yard. There shall be provided a side yard of not less than ten feet in depth along each interior side lot line, except that existing buildings which do not have side yards less than five feet shall be considered conforming.
(3)
Corner side yard. There shall be provided a side yard of not less than 30 feet in depth in every instance where the said property line is adjacent to a public street.
(4)
Rear yard. There shall be provided a side yard of not less than 30 feet in depth along each rear lot line.
c.
Building height. The height of any building shall not exceed 30 feet.
d.
Maximum lot coverage. Not more than 35 percent of the lot area may be occupied by buildings and structures including accessory buildings.
5.13.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.13.6. Landscaping, buffers, screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
5.13.7. Signs. See chapter 6 of the Village Code.
(Code 1975, ch. 27, § 5.13; Ord. No. O-92-48, § 2, 7-16-1992)
Cross reference— Licenses, permits and business regulations, ch. 58.
- ZONING DISTRICTS
5.1.1. Districts. For the purpose and provisions of this chapter, the village is hereby divided into the following districts:
a.
R Single-Family Detached Residence District.
b.
R-1 Single-Family Detached Residence District.
c.
R-2 Single-Family Detached Residence District.
d.
R-3 Two-Family Detached Residence District.
e.
R-4 Multifamily Residence District.
f.
H Ontarioville Historic District.
g.
B-1 Convenience Shopping District.
h.
B-2 General Commercial District.
i.
BP Business Park District.
j.
HC High Cube District.
k.
L-I Limited Industrial District.
5.1.2. Allowable uses. No use shall be established in any zoning district unless it is expressly designated by this chapter as a "permitted use" or "special use" in the district in which it is to be located. The range of uses allowed as "permitted uses" and "special uses" in each zoning district is summarized in table 5.1.2. In the event of a conflict between table 5.1.2 and the text of this chapter, the text shall control.
TABLE 5.1.2. PERMITTED AND SPECIAL USES
5.1.3. Annexed land. Land hereafter annexed to the village shall be assigned as R single-family residence district unless the petition for annexation is accompanied by a petition for reclassification or an annexation agreement, in which case the regular procedures for an amendment petition shall be followed.
(Code 1975, ch. 27, § 5.1; Ord. No. O-95-02, § 4, 1-5-1995; Ord. No. O-97-30, § 2, 6-19-1997; Ord. No. O-99-14, arts. 2, 5, 3-4-1999; Ord. No. O-01-21, § 2, 6-7-2001; Ord. No. O-01-29, § 5, 7-5-2001; Ord. No. O-02-46, § 2, 11-7-2002; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-11-13, § 2, 6-2-2011, Ord. No. O-11-27, § 1, 10-20-2011; Ord. No. O-15-05, §§ 2, 3, 3-5-2015; Ord. No. O-15-06, § 1, 3-5-2015; Ord. No. O-20-12, § 2, 3-5-2020; Ord. No. O-22-29, § 3, 9-1-2022)
5.2.1. Purpose. The R single-family detached residence district is established to promote and maintain the development of single-family detached housing of a semirural character, and to protect such areas from encroachment of incompatible uses.
5.2.2. Permitted uses. The following uses are permitted:
a.
Single-family detached dwellings.
b.
Parks, forest preserves and recreational areas, when publicly owned and operated.
c.
Temporary structures incidental to and necessary for construction work.
d.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
e.
Public schools.
f.
Village-owned utilities and facilities.
g.
Community residences, subject to the provisions of an administrative occupancy permit.
h.
Public libraries.
5.2.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Places of worship, and accessory uses required for operation.
b.
Public golf and tennis clubs.
c.
Public recreation buildings.
d.
Private and commercial schools.
e.
Planned unit developments.
f.
Non-village-owned utilities and facilities.
g.
Hobby kennels as an accessory use.
h.
Horse stables as an accessory use.
5.2.4. Development standards.
a.
Minimum lot size.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having an area of not less than 40,000 square feet, or on a corner lot of not less than 45,000 square feet. Corner lots of record prior to the adoption of this chapter not less than 40,000 square feet shall be considered conforming.
(2)
Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Minimum lot width.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having a width at the established front yard line of not less than 150 feet. This requirement shall also apply to the width of lots fronting on culs-de-sac.
(2)
Every single-family detached dwelling hereafter erected on a corner lot shall be located on a lot having a width at the established front yard line of not less than 170 feet. Corner lots of record prior to the adoption of this chapter with a width at the established front yard line of not less than 150 feet shall be considered conforming.
c.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet from the front property line.
(2)
Side yard. A side yard on each side of the principal structure of not less than ten feet.
(3)
Corner side yard. A side yard of not less than 30 feet where the side yard is abutting a public street.
(4)
Rear yard. A rear yard of not less than 30)feet.
d.
Maximum lot coverage. Not more than 20 percent of the lot area.
e.
Building height. No building shall exceed a height of 35 feet.
5.2.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.2.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.2; Ord. No. O-94-09, § 1, 3-17-1994; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005)
5.3.1. Purpose. The R-1 single-family detached residence district is established to promote and maintain the development of single-family detached housing and to protect such areas from the encroachment of incompatible uses.
5.3.2. Permitted uses. The following uses are permitted:
a.
Single-family detached dwellings.
b.
Parks, forest preserves and recreational areas, when publicly owned and operated.
c.
Public schools.
d.
Temporary structures incidental to and necessary for construction work.
e.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
f.
Village-owned utilities and facilities.
g.
Community residences subject to the provisions of an administrative occupancy permit.
h.
Public libraries.
5.3.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Places of worship and accessory uses required for operation.
b.
Public golf and tennis clubs.
c.
Public recreation buildings.
d.
Private and commercial schools.
e.
Planned unit developments.
f.
Non-village-owned utilities and facilities.
5.3.4. Development standards.
a.
Minimum lot size.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having an area of not less than 10,000 square feet, or on a corner lot having an area of not less than 12,000 square feet. Corner lots of record prior to the adoption of this chapter not less than 10,000 square feet shall be considered conforming.
(2)
Minimum lot size for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Minimum lot width.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having a width at the established front yard line of not less than 80 feet.
(2)
Every single-family detached dwelling hereafter erected on a corner lot shall be located on a lot having a width at the established front yard line of not less than 120 feet. Corner lots of record prior to the adoption of this chapter with a width at the established front yard line of not less than 80 feet shall be considered conforming.
c.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet from the front property line.
(2)
Side yard. A side yard on each side of the principal structure of not less than ten feet.
(3)
Corner side yard. A side yard of not less than 30 feet where the side yard is abutting a public street.
(4)
Rear yard. A rear yard of not less than 30 feet.
d.
Maximum lot coverage. Not more than 35 percent of the lot area.
e.
Building height. No building shall exceed a height of 35 feet.
f.
Maximum number of curb cuts. For all lots less than 40,000 square feet in area or 150 feet in lot width, the maximum number of curb cuts shall be one.
5.3.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.3.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.3; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005)
5.4.1. Purpose. The R-2 single-family detached residence district is established to promote and maintain the development of single-family detached housing and to protect such areas from the encroachment of incompatible uses.
5.4.2. Permitted uses. The following uses are permitted:
a.
Single-family detached dwellings.
b.
Parks, forest preserves and recreational areas, when publicly owned and operated.
c.
Temporary structures incidental to and necessary for construction work.
d.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
e.
Public schools.
f.
Village-owned utilities and facilities.
g.
Community residences subject to the provisions of an administrative occupancy permit.
h.
Public libraries.
5.4.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Places of worship, and accessory uses required for operation.
b.
Public golf and tennis clubs.
c.
Public recreation buildings.
d.
Private and commercial schools.
e.
Planned unit developments.
f.
Non-village-owned utilities and facilities.
5.4.4. Development standards.
a.
Minimum lot size.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having an area of not less than 7,735 square feet, or on a corner lot having an area not less than 9,000 square feet. Lots of record prior to the adoption of this chapter not less than 7,140 square feet shall be considered conforming.
(2)
Minimum lot size for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Minimum lot width.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having a width at the established front yard line of not less than 65 feet. Interior lots of record prior to the [date of adoption of this ordinance] with a width at the established front yard line of not less than 60 feet shall be considered conforming.
(2)
Every single-family detached dwelling hereafter erected on a corner lot shall be located on a lot having a width at the established front yard line of not less than 85 feet. Corner lots of record prior to the adoption of this chapter with a width at the established front yard line of not less than 65 feet shall be considered conforming.
c.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet from the front property line.
(2)
Side yard. A side yard on each side of the principal structure of not less than ten feet.
(3)
Corner side yard. A side yard of not less than 30 feet where the side yard is abutting a public street.
(4)
Rear yard. A rear yard of not less than 30 feet.
d.
Maximum lot coverage. Not more than 35 percent of the lot area.
e.
Building height. No building shall exceed a height of 35 feet.
f.
Maximum number of curb cuts. For all lots less than 40,000 square feet in area or less than 150 feet in lot width, the maximum number of curb cuts shall be one.
5.4.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.4.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.4; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-23-36, § 1, 10-19-2023)
5.5.1. Purpose. The R-3 two-family detached residence district is established to provide for two-family detached and single-family detached housing developments with adequate open space for family living and to provide for residential developments that serve as a transition between residential land uses of greater density and single-family developments of lesser density.
5.5.2. Permitted uses. The following uses are permitted:
a.
Single-family detached dwellings.
b.
Two-family detached dwellings.
c.
Parks, forest preserves and recreational areas, when publicly owned and operated.
d.
Temporary structures incidental to and necessary for construction work.
e.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
f.
Public schools.
g.
Village-owned utilities and facilities.
h.
Community residences subject to the provisions of an administrative occupancy permit.
i.
Public libraries.
5.5.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Places of worship, and accessory uses required for operation.
b.
Public golf and tennis clubs.
c.
Public recreation buildings.
d.
Private and commercial schools.
e.
Planned unit developments.
f.
Non-village-owned utilities and facilities.
5.5.4. Development standards.
a.
Minimum lot size.
(1)
Any resubdivisions, new subdivisions and land hereafter annexed to the village and zoned R-3 two-family detached residence district after the adoption of this chapter shall be required to have a minimum interior lot area of not less than 9,000 square feet and not less than 4,500 square feet of area per dwelling unit and a minimum corner lot size of 11,000 square feet and not less than 5,500 square feet of area per dwelling unit.
(2)
Minimum lot size for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Minimum lot width.
(1)
Every single-family detached dwelling hereafter erected shall be located on an interior lot having a width at the established front yard line of not less than 65 feet.
(2)
Every single-family detached dwelling hereafter erected on a corner lot shall be located on a lot having a width at the established front yard line of not less than 85 feet.
(3)
Any resubdivisions, new subdivisions and land hereafter annexed to the village and zoned R-3 shall have a width at the established front yard line of not less than 72 feet for an interior lot and not less than 85 feet for a corner lot.
c.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet from the front property line.
(2)
Side yard. A side yard on each side of the principal use of not less than ten feet.
(3)
Corner side yard. A side yard of not less than 30 feet where the side yard is abutting a public street.
(4)
Rear yard. A rear yard of not less than 30 feet.
d.
Maximum lot coverage. Not more than 35 percent of the lot area.
e.
Building height. No building shall exceed a height of 35 feet.
f.
Maximum number of curb cuts. For all lots less than 40,000 square feet in area or 150 feet in lot width the maximum number of curb cuts shall be one.
5.5.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.5.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.5; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-23-36, § 1, 10-19-2023)
5.6.1. Purpose. The R-4 multifamily residence district is established as a general residence district to provide for single-family attached and multiple-family housing development with adequate open space for family living.
5.6.2. Permitted uses. The following uses are permitted:
a.
Multifamily dwelling units not exceeding 40 feet in height.
b.
Not more than four single-family attached row dwellings (party wall) per building.
c.
Parks, forest preserves and recreational areas, when publicly owned and operated.
d.
Temporary structures incidental to and necessary for construction work.
e.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
f.
Public schools.
g.
Village-owned utilities and facilities.
h.
Community residences subject to the provisions of an administrative occupancy permit.
i.
Single-family detached dwellings.
j.
Public libraries.
5.6.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter.
a.
Multifamily buildings exceeding 40 feet in height.
b.
Single-family attached row dwellings (party wall) with more than four dwellings in a row or building.
c.
Coin-operated amusement center located in a recreational building owned and operated by a homeowners' association for use of members and guests of the association.
d.
Parking structures, other than garages or carports, to serve multifamily uses.
e.
Places of worship, and accessory uses required for operation.
f.
Public golf and tennis clubs.
g.
Public recreation buildings.
h.
Private and commercial schools.
i.
Planned unit developments.
j.
Nursing homes.
k.
Non-village-owned utilities and facilities.
5.6.4. Development standards.
a.
Minimum lot size and width.
(1)
All single-family detached dwellings hereafter erected shall have a minimum lot area of not less than 6,050 square feet and a minimum lot width of not less than 50 feet at the established front yard line. However, lots created prior to September 16, 1993, with a minimum lot area of 5,775 square feet shall be considered conforming.
(2)
All other buildings or structures shall be located on an interior lot containing not less than 7,735 square feet, plus 2,000 square feet of land area for each dwelling unit, in excess of three dwelling units or on a corner lot of not less than 9,000 square feet plus 2,000 square feet of land for each dwelling unit in excess of three dwelling units.
(3)
Minimum lot size for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
b.
Yard requirements. No building shall be erected or enlarged unless the following yards are provided and maintained:
(1)
Front yard. A front yard of not less than 30 feet for lots established after the adoption of this chapter; however, front yards of not less than 25 feet established prior to adoption of this chapter shall be considered conforming.
(2)
Side yard. In the R-4 district, the minimum interior side yard for permitted uses shall be established as follows:
(a)
For buildings containing fewer than three units, a side yard on each side of the building of not less than ten feet.
(b)
For buildings containing three or more dwelling units, a side yard on each side of each building of ten feet plus one additional foot for each additional two feet by which building height exceeds 25 feet.
(c)
For buildings containing three or more units there may be not less than 20 feet between abutting row buildings.
(d)
For permitted nonresidential buildings, interior side yards on each side of the building shall not be less than 15 feet plus one foot for each two feet by which the building height exceeds 15 feet.
(3)
Corner side yard. For permitted uses in an R-4 district, the minimum side yard abutting a public street requirements for permitted uses shall be established as follows:
(a)
In buildings containing fewer than three units, a side yard abutting a public street not less than 30 feet; however, corner side yards of not less than 25 feet established prior to the adoption of this chapter shall be considered conforming.
(b)
For buildings containing three or more dwelling units, a side yard abutting a public street of not less than 30 feet shall be provided; however, side yards of not less than 25 feet established prior to adoption of this chapter shall be considered conforming.
(c)
Reversed corner lots of record prior to the adoption of this chapter shall maintain a setback from the side street of not less than 25 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the abutting lot to the rear, nor be located nearer than ten feet to the side lot line of said abutting lot.
(d)
For permitted nonresidential uses, 20 feet plus one foot for each two feet by which the building height exceeds 15 feet.
(4)
Rear yard. A rear yard of not less than 30 feet shall be provided; however, rear yards of not less than 25 feet established prior to adoption of this chapter shall be considered conforming.
c.
Maximum lot coverage. Not more than 50 percent of the lot area.
d.
Building height. No building shall exceed a height of 40 feet.
e.
Maximum density. No parcel or tract within the R-4 general residence district shall have more than 12 dwelling units per net acre.
5.6.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.6.6. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.6; Ord. No. O-93-54, § 1, 9-16-1993; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-05-32, § 1, 7-7-2005)
5.7.1 Purpose and intent. The Ontarioville Historic District is established to promote the educational, cultural and economic development, and general welfare of the community by:
a.
Fostering and improving commercial business within Ontarioville and the village;
b.
Stabilizing or increasing property values to protect past and future investment by merchants and property owners;
c.
Creating an atmosphere and character for the village that will stimulate and support business and enhance the quality of life;
d.
Fostering civic understanding and pride in Ontarioville's history;
5.7.2. Permitted uses.
a.
Bakeries less than 1,000 square feet in gross floor area.
b.
Cemeteries.
c.
Reserved.
d.
Office uses.
e.
Places of worship, and accessory uses required for operation.
f.
Retail sales less than 2,000 square feet gross floor area excluding automobile service stations and wrecking yards.
g.
Upper-story apartment dwellings.
h.
Village-owned utilities and facilities.
i.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
j.
Restaurants.
k.
Barber, cosmetology, manicure, and pedicure establishments less than 2,000 square feet gross floor area.
l.
Dance, music, and martial arts schools less than 2,000 square feet gross floor area.
m.
Dry cleaners and laundromats less than 2,000 square feet gross floor area.
n.
Retail repair shops less than 2,000 square feet gross floor area excluding motor vehicle repair facilities, body shops, car washes.
o.
Public libraries.
p.
Animal grooming.
5.7.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Bed and breakfast establishments.
b.
Coin-operated amusement centers.
c.
Day care centers.
d.
Drive-through facilities.
e.
Non-village-owned utilities and facilities.
f.
Planned unit developments.
g.
Social service facilities.
h.
Taverns.
i.
Veterinary clinics.
j.
Music schools.
k.
Animal day care.
l.
Commercial kennel.
5.7.4. Development standards.
a.
Minimum yard and maximum height standards (in linear feet):
Front/corner: 5.
Side: 0.
Rear: 30.
Height: 35.
b.
No product, merchandise, materials, or equipment shall be stored outside.
5.7.5. Procedure for development approval. The zoning administrator shall review all building permit applications for significant alterations or minor exterior modifications within the Ontarioville Historic District for compliance with this chapter.
a.
Permits for a minor exterior modification. Minor modifications shall include, but not be limited to the following:
(1)
Application or removal of paint from masonry or wood surfaces;
(2)
Addition, removal, or replacement of siding;
(3)
Addition, removal or replacement of window sash or window units;
(4)
Removal, replacement or repair of porch, window and door trim, and other decorative architectural elements;
(5)
Addition, removal, or replacement of window shutters;
(6)
Addition, removal, or replacement of awnings and canopies;
(7)
Addition, removal, or replacement of fences;
(8)
Addition, removal, or replacement of landscaping; and
(9)
Removal, replacement or addition of signs.
The zoning administrator shall, within 14 days following the receipt of a completed application for a permit for minor exterior modifications within the Ontarioville Historic District, approve, deny, or approve with conditions the permit application. If the application for a permit is denied, the applicant may appeal to the village manager's designee within seven days.
b.
Permits for a significant alteration. Improvements, construction, removal, or demolition other than minor exterior modifications shall require a permit for significant alteration. The zoning administrator shall, within 14 working days following the receipt of a permit application for a significant alteration approve, approve with condition, or deny the application.
The applicant must meet all requirements for a building permit.
(1)
Review criteria for a significant alteration. In making a determination whether to recommend approval, approval with conditions or denial of a permit for a significant alteration, the zoning administrator shall consider the purpose and intent of the Ontarioville Historic District. The standards to be used by the zoning administrator in making their determination shall include, but not be limited to, the following:
(a)
The preservation or restoration of the significant original qualities or character of the property, structure or improvements, including, if significant, its landscaping.
(b)
The removal or alteration of any historic or distinctive architectural or landscape features.
(c)
The compatibility of the architectural style and design detailing of the proposed construction, or significant alteration, with the original architecture of the property or the exterior architectural character of other structures within the Ontarioville Historic District.
(d)
The compatibility of the general design, arrangement, scale, texture or materials of the construction or alteration, with the historic, cultural, aesthetic or architectural and landscape values of significance in the Ontarioville Historic District.
(e)
The relationship of the location of the construction, alteration, or removal to streets, public or semipublic ways and any other structures, property, or landscaping within the Ontarioville Historic District.
(f)
Construction, alteration and demolition shall be allowed only in accordance with the following additional standards:
(i)
Every reasonable effort shall be made to minimize the alteration of significant features of the property, structure or site, and its environment.
(ii)
All property and structures shall be recognized as products of their own time. Alterations that have no historical basis and which seek to create an earlier or later appearance shall be discouraged.
(iii)
Changes which may have taken place in the course of time are evidence of the history and development of a property, structure, or site and its environment. These changes may have acquired significance in their own right, and this significance shall be recognized and preserved.
(iv)
Distinctive stylistic features or examples of skilled craftsmanship which characterize a property, structure, or site shall be protected.
(v)
Deteriorated architectural features shall be repaired rather than replaced, whenever possible. In the event replacement is necessary, the new material need not be identical to but should match the material being replaced in composition, design, color, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from other structures.
(vi)
The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken.
(vii)
Every reasonable effort shall be made to protect and preserve archaeological resources affected by, or abutting to, any project.
(viii)
Contemporary design for new construction, alterations, and additions to existing properties or structures shall not be discouraged when such construction, alterations, and additions do not destroy significant historical, architectural, or cultural material, and such design is compatible with the size, scale, color, material, and character of the property, neighborhood, or environment.
(ix)
Wherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations were to be removed in the future, the essential form and integrity of the structure would not be impaired.
(2)
Zoning administrator review process for a significant alteration.
(a)
If the zoning administrator finds that the work proposed in the application will comply with the review criteria in section 5.7.5(b)(2), the administrator shall issue a building permit for significant alteration.
(b)
The zoning administrator shall briefly state the reasons for the decision in writing and may recommend conditions to assure appropriateness of design, arrangement, texture, scale, material, color, location, landscaping, or other elements of appearance of the building, property, or structure involved.
(c)
If the zoning administrator finds that the proposed work does not meet the review criteria and that it will adversely affect or destroy any significant historic, cultural, aesthetic, or architectural feature or value of the structure or property within the Ontarioville Historic District or is inappropriate or inconsistent with the guidelines, the zoning administrator shall deny the application.
5.7.6, 5.7.7. Reserved.
5.7.8 Appeals process. Initiation and processing.
a.
An appeal may be taken to the president and board of trustees by the applicant aggrieved by the recommendations for denial or issuance of a permit for significant alteration within the Ontarioville Historic District.
b.
The appeal shall be taken within 30 days following the recommendation of denial or issuance by the zoning administrator of an application for a significant alteration.
c.
The president and board of trustees shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and zoning administrator and decide the appeal within 30 days after the conclusion of its hearing. At the hearing, a party may appear in person or be represented by an attorney. The president and board of trustees may recommend to reverse or affirm, wholly or partly, or may modify the application and recommendation for denial or issuance of an application for a significant alteration.
d.
Decisions. All final decisions shall be accompanied by findings of facts specifying the reason or reasons for recommending the approval or denial of the appeal. The decision of the president and board of trustees thereon shall be final.
5.7.9. Signs. All signs in the Ontarioville Historic District shall be in accordance with chapter 6 of the Municipal Code.
5.7.10. Off-street parking and loading. Parking and loading facilities shall be provided as required by section 110-6.2 of this chapter, except when the proposed erection and use of any new building or structure or the enlargement, rehabilitation, or increase in the capacity of any existing principal structure located in the Ontarioville Historic District would result in practical difficulty or undue hardship in complying with the off-street parking and loading requirements as required by section 110-6.2 of this chapter, the president and board of trustees may, upon finding that such practical difficulty or undue hardship exists, allow as a condition for a building permit a contribution by the applicant to the village an amount of $2,000.00 for each parking space and $3,000.00 for each loading space not otherwise provided as required by this chapter. The method and time period required for payment shall be determined by the village manager. These funds shall be deposited in an account to provide for the acquisition, erection, construction, improvement, or installation of parking facilities or structures. The expenditure of such funds for said purposes may be made at the time and in the manner determined by the corporate authorities to best provide adequate off-street parking facilities for the Ontarioville Historic District.
5.7.11. Landscaping, buffers, and screening. Landscaping, screening, and buffering treatments shall be carried out in a manner that complies with section 110-6.3 of this chapter.
(Code 1975, ch. 27, § 5.7; Ord. No. O-92-27, § 1, 5-7-1992; Ord. No. O-95-44, § 1, 7-20-1995; Ord. No. O-97-30, § 3, 6-19-1997; Ord. No. O-00-35, §§ 1, 2, 9-7-2000; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-07-07, § 1, 4-19-2007; Ord. No. O-07-09, § 1, 4-5-2007; Ord. No. O-07-10, § 1, 4-5-2007; Ord. No. O-07-11, § 1, 4-5-2007)
5.8.1. Purpose. The B-1 convenience shopping district is established to provide convenience shopping for persons living in abutting residential areas. Permitted uses shall be those necessary to satisfy basic shopping needs that occur daily or frequently, and so require facilities in relative proximity to places of residence.
5.8.2. Permitted uses.
a.
Reserved.
b.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
c.
Bakeries, less than 2,000 square feet.
d.
Reserved.
e.
Package liquor sales.
f.
Publicly owned and/or operated parking structures.
g.
Restaurants.
h.
Medical clinics.
i.
Office uses.
j.
Village-owned utilities and facilities.
k.
Parks, forest preserves and recreational areas, when publicly owned and operated.
l.
Temporary structures incidental to and necessary for construction work.
m.
Public schools.
n.
Public libraries.
o.
Barber, cosmetology, manicure, and pedicure establishments.
p.
Dance, music, and martial arts schools.
q.
Dry cleaners and laundromats.
r.
Retail sales and retail repair shops within a building having a gross floor area not exceeding 150,000 square feet.
s.
Animal grooming.
5.8.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Taverns.
b.
Drive-through facilities.
c.
Shopping centers, exceeding 150,000 square feet gross floor area.
d.
Day care centers.
e.
Funeral homes.
f.
Public golf and tennis clubs.
g.
Coin-operated amusement centers.
h.
Planned unit developments.
i.
Veterinary clinics.
j.
Social service facilities.
k.
Non-village-owned utilities and facilities.
l.
Animal day care.
m.
Commercial kennel.
n.
Car washes, only if within completely enclosed building.
o.
Cannabis-dispensing facility or organization/dispensaries.
5.8.4. Conditions of use.
a.
Each neighborhood shopping center may range from a gross floor area of 10,000 to as much as 150,000 square feet exclusive of any floor area devoted to off-street parking or loading facilities.
b.
No parking area shall be constructed within 20 feet of any arterial street abutting a B-1 district. This area should be designated a perimeter yard having a minimum width of 20 feet and shall be landscaped as required by section 110-6.3 of this chapter.
c.
No parking shall be allowed between the foundation of the principal structure of an outlot building and the perimeter landscape buffer.
5.8.5. Development standards.
a.
Yard requirements.
(1)
Front yard. A front yard of not less than 75 feet in depth.
(2)
Corner side yard. A corner side yard shall not be any less than 75 feet in depth.
(3)
Side yard. A side yard shall not be less than 20 feet wide, except where such use abuts upon the side or rear of a lot in a residential district, in which case there shall be a side yard on the lot in the B-1 district of not less than 30 feet.
(4)
Rear yard. A rear yard of not less than 50 feet.
b.
Maximum floor area ratio (FAR) shall be 0.35.
c.
Lot coverage shall not exceed 75 percent.
d.
Minimum lot size shall be one acre. Lots of record prior to the adoption of this chapter less than one acre in area shall be considered conforming.
e.
Building height shall not exceed 35 feet.
5.8.6. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.8.7. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
5.8.8. Signs. See chapter 6 of the Municipal Code.
(Code 1975, ch. 27, § 5.8; Ord. No. O-97-30, § 4, 6-19-1997; Ord. No. O-07-09, § 2, 4-5-2007; Ord. No. O-07-10, § 2, 4-5-2007; Ord. No. O-07-11, § 2, 4-5-2007; Ord. No. O-11-27, § 2, 10-20-2011; Ord. No. O-21-02, § 1, 1-21-2021; Ord. No. O-22-29, § 2, 9-1-2022; Ord. No. O-24-37, § 1, 11-7-2024)
Cross reference— Licenses, permits and business regulations, ch. 58.
5.9.1. Purpose. The B-2 local business district is established to provide for a wide range of retail stores and related commercial establishments providing for both day-to-day and occasional shopping needs.
5.9.2. Permitted uses.
a.
Retail sales.
b.
Bakery.
c.
Banks and other financial institutions.
d.
Banquet facilities.
e.
Day care centers.
f.
Reserved.
g.
Funeral homes.
h.
Restaurants.
i.
Medical clinics.
j.
Office uses.
k.
Parks, forest preserves and recreational areas, when publicly owned and operated.
l.
Publicly owned and/or operated parking lots.
m.
Publicly owned and/or operated parking structures.
n.
Package liquor sales.
o.
Theaters and auditoriums.
p.
Village-owned utilities and facilities.
q.
Veterinary clinics.
r.
Temporary structures incidental to and necessary for construction work.
s.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
t.
Barber, cosmetology, manicure, and pedicure establishments.
u.
Retail repair shops, excluding motor vehicle repair facilities, body shops, and carwashes.
v.
Dance, music, martial arts and gymnastic schools.
w.
Dry cleaners and laundromats.
x.
Public libraries.
y.
Animal grooming.
z.
Limited sales dealer, subject to the requirements and limitations of section 58-301 of chapter 58 of this Code.
aa.
General sales dealer, excluding Pawn shop, subject to the requirements and limitations of section 58-301 of chapter 58 of this Code.
5.9.3. Special uses. The following may be allowed by special use:
a.
Automobile dealerships.
b.
Automobile rental and leasing establishments.
c.
Auto service stations.
d.
Any permitted or special use having no interior side yard.
e.
Building material sales.
f.
Carwashes, only if within completely enclosed building.
g.
Coin-operated amusement center.
h.
Colleges.
i.
Drive-through facilities.
j.
Hospitals.
k.
Motor vehicle service shops.
l.
Non-village-owned utilities and facilities.
m.
Open sales lot, nonvehicular.
n.
Places of public events such as auditoriums or stadiums.
o.
Planned unit developments.
p.
Recreational buildings and structures, public.
q.
Recreational buildings and structures, commercial.
r.
Schools, public, private and commercial.
s.
Social service facilities.
t.
Taverns.
u.
Hotels and motels.
v.
Bingo facilities.
w.
Off-track betting facilities.
x.
Nursing homes.
y.
Animal day care.
z.
Commercial kennel.
aa.
Pawn shop, subject to requirements of section 58-301 of chapter 58 of this Code.
bb.
Payday loan store.
cc.
Title loan store.
Pawn shop, payday loan store, and title loan store uses must adhere to and not violate the following requirements and conditions:
1.
No expansion of the use or the physical dimensions of the activity shall be permitted absent a new or amended special use;
2.
Pawn shop, payday loan store, and title loan store may not be located within 1,000 feet of any of the other said shops or stores and the measurement of such distance shall be measured from and to the nearest part of any building used for such shops or stores; and
3.
For purposes of determining required parking, said facilities shall be classified as "financial services" per section 6.2.3.—schedule of parking requirements.
dd.
Cannabis-dispensing facility or organization/dispensaries.
5.9.4. Conditions of use. All uses permitted in this district shall be retail and service establishments dealing directly with customers and shall be subject to the following:
a.
All goods produced on the premises shall be sold at retail on premises where produced.
b.
All outside storage areas of goods, materials, or products shall be enclosed by a solid fence (chainlink fencing with slats prohibited) not exceeding eight feet in height. Any goods, materials or products stored outside shall not be higher than the fence.
c.
All driveway locations shall be approved by the village.
5.9.5. Development standards.
a.
Yard requirements.
(1)
Front yard. A front yard of not less than 25 feet.
(2)
Corner side yard. A corner side yard of not less than 25 feet.
(3)
Side yard. A side yard of not less than ten feet, except where such use abuts upon the side or rear yard of a lot in a residential district, in which case there shall be a side yard on the lot in the B-2 district of not less than 30 feet.
(4)
Rear yard. A rear yard of not less than 25 feet, except where such use abuts upon the side or rear of a lot in a residential district, in which case there shall be a rear yard on the lot in the B-2 district of not less than 30 feet.
b.
Floor area ratio (FAR). Maximum floor area ratio (FAR) shall be 0.35.
c.
Maximum lot coverage. Lot coverage shall not exceed 75 percent.
d.
Minimum lot size shall be one acre. Lots of record prior to the adoption of this chapter less than one acre in area shall be considered conforming.
e.
Maximum building height. Building height shall not exceed 45 feet.
5.9.6. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.9.7. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
5.9.8. Signs. See chapter 6 of the Municipal Code.
(Code 1975, ch. 27, § 5.9; Ord. No. O-95-02, § 3, 1-5-1995; Ord. No. O-97-30, §§ 5, 6, 6-19-1997; Ord. No. O-97-57, § 1, 10-2-1997; Ord. No. O-01-21, § 1, 6-7-2001; Ord. No. O-01-29, §§ 2—4, 7-5-2001; Ord. No. O-02-46, § 1, 11-7-2002; Ord. No. O-05-32, § 1, 7-7-2005; Ord. No. O-06-31, § 1, 7-6-2006; Ord. No. O-06-32, § 1, 7-6-2006; Ord. No. O-07-09, § 3, 4-5-2007; Ord. No. O-07-10, § 3, 4-5-2007; Ord. No. O-07-11, § 3, 4-5-2007; Ord. No. O-15-05, §§ 2, 3, 3-5-2015; Ord. No. O-15-06, § 1, 3-5-2015; Ord. No. O-21-02, § 1, 1-21-2021; Ord. No. O-21-36, § 1, 12-16-2021; Ord. No. O-22-29, § 3, 9-1-2022; Ord. No. O-24-37, § 1, 11-7-2024)
Cross reference— Licenses, permits and business regulations, ch. 58.
5.10.1. Purpose. The BP business park district is intended to provide for unified development of mixed office research and light industrial uses in a campus-like setting, which will promote and maintain desirable economic activities. Such activities shall not create appreciable nuisances or hazards, but shall provide a pleasant, hazard- and nuisance-free environment. The purpose of the district is to allow for large scale development of structures:
a.
That are adequately served by public improvements and having access to arterial streets; and
b.
That will be separated from surrounding uses by substantial landscape buffering.
5.10.2. Permitted uses. The following uses are permitted:
a.
Manufacturing, fabricating, storing, cleaning, assembling, research, repairing or servicing establishments.
b.
Warehouses and storage facilities, excluding motor freight terminals.
c.
Wholesale establishments.
d.
Buildings used exclusively for offices.
e.
Accessory uses in accordance with section 110-6.6 of this chapter.
f.
Temporary storage in interior side yard and rear yards (not adjoining a street or residence district) for a period not to exceed 90 days, per 12-month period provided it is solidly screened to a height of eight feet with no storage above said solid eight-foot screen.
g.
Village-owned utilities and facilities.
h.
Recreational facilities, including but not limited to tennis courts, golf courses, and jogging, walking and biking trails and paths.
i.
Showroom and sales area as accessory uses to principal uses.
j.
Retail business services and personal service uses shall be permitted only as accessory uses to comprise not more than 15 percent of the building area. The retail businesses and personal service uses shall be ones that primarily service the occupancy of the principal use.
5.10.3. Special uses. The following uses may be allowed by special use permit:
a.
Day care centers.
b.
Hotels and motels.
c.
Restaurants.
d.
Non-village-owned utilities and facilities.
e.
Planned unit developments.
f.
Medical cannabis cultivation center.
g.
Medical cannabis dispensing facility.
h.
Adult use recreational cannabis business.
5.10.4. Conditions of use.
a.
The minimum net development area shall be 15 acres.
b.
Residential units shall not be allowed. Watchmen's dwellings shall be permitted only as accessory uses on the premises where employed.
c.
All business, servicing or processing, except for off-street parking and off-street loading, shall be conducted within completely enclosed buildings, unless otherwise indicated herein.
d.
Processes and equipment employed and goods processed or sold shall be limited to those not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibrations, refuse matter, or water-carried waste.
e.
Permitted accessory retail uses in the business park district shall be located within a building or structure containing a permitted use.
f.
No lot, parcel, or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: abattoirs; acid manufacture; arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacture or storage; dumping or reduction of garbage, dead animals, offal or refuse; ore reduction, petroleum procession or refining; pyroxylin manufacture; synthetic polymers manufacturing; gutta-percha manufacture or treatment; salt works; sauerkraut manufacture; soap manufacture; smelters; stockyards/or slaughter of animal or fowl; tallow, grease, or lard manufacture or treatment; tanning, curing or storage of rawhides or skins; tar distillation or manufacture; cement concrete or asphaltic concrete batch mixing plants; automobile or truck repair, or body shops.
g.
No activities involving the storage, utilization or manufacture of materials or products that decompose by detonation shall be permitted, except such are specifically approved by the village. Such materials shall include, but shall not be confined to: all primary explosives such as lead azide, lead styphnate, fulminates, and tetrocene; all high explosives such as TNT, RDS, HMS, PETN and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron dydrides, hydrazine, and its derivatives; pyrotechnics and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as acetylides, tetrazoles, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentration greater than 35 percent and nuclear fuels, fissionable materials, and products and reactor elements such as uranium 235 and plutonium 239.
h.
Any use established in the business park district hereafter shall be operated in such a manner as to comply with applicable performance standards governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, or vibration, glare, or heat. No noxious or offensive trades, services, or activities shall be conducted on the property, nor shall anything be done therein that may be or become an annoyance or nuisance by reason of unsightliness or excessive emissions of odors, fumes, smoke, vibration, dirt, dust, glare, wastes or noise. Such emission will be governed by all local, state and federal laws, rules and regulations.
i.
Site plan approval. All applications for building permits in the district shall require site plan approval.
5.10.5. Development standards.
a.
Minimum lot size.
(1)
Lot area. Not less than two acres except 25 percent of the total area of the district may be lots of 1.75 acres in size.
(2)
Lot width. Not less than 150 feet at the building line.
(3)
Floor area ratio (FAR). The floor area ratio (FAR) shall not exceed 0.5.
b.
Required yards.
(1)
Front yard. Not less than 50 feet, except front yards adjoining arterial streets shall not be less than 75 feet.
(2)
Side yards.
(a)
On a corner lot, an interior side yard of not less than 15 feet and a corner side yard of not less than 50 feet, except corner side yards adjoining arterial streets shall not be less than 75 feet.
(b)
On an interior lot two interior side yards neither of which shall be less than 15 feet and a combined width of both yards of not less than 35 feet, provided the distance between adjoining buildings shall be not less than 35 feet.
(3)
Rear yard.
(a)
An interior rear yard of not less than 15 feet, provided the distance between abutting buildings shall be not less than 35 feet.
(b)
Where adjoining an arterial street, the rear yard shall be not less than 50 feet.
(c)
Where adjoining a nonresidential zoning district, a rear yard of not less than 25 feet shall be provided.
(4)
Perimeter yard. A perimeter yard shall be established around the entire perimeter of the zoning district in accordance with the following standards:
c.
Building height. Building height shall not exceed 60 feet. For buildings greater than 25 feet in height, the minimum required yards shall be increased by one foot for each one foot in building height over 25 feet.
d.
Maximum lot coverage. Maximum coverage of any lot within this district shall not exceed 75 percent.
5.10.6. Landscaping requirements. Landscaping shall be installed in accordance with the provisions set forth in section 110-6.3 of this chapter except as amended by the following provisions.
a.
Perimeter yard. Landscaping and screening shall be provided in the perimeter yard:
(1)
Such screening shall be a minimum of five feet in height. When abutting to residential lots, the height of such screen shall be increased so as to be measured from the average elevation of the adjoining residential property line.
(2)
When abutting to a residential district, the use of a three-foot to five-foot earthen berm shall be required.
(3)
When abutting to a residential district, at a minimum, trees planted within the perimeter yard shall include:
(a)
Deciduous: Three per 100 lineal feet.
(b)
Evergreen: Five per 100 lineal feet.
(c)
Flowering: Five per 100 lineal feet.
(4)
When abutting to a nonresidential district other than a business park or high cube district, 50 percent of the requirements of 5.10.6.a(3), above, shall apply in combination with a two-foot to four-foot berm.
(5)
When abutting to another business park or high cube district no plant material is required beyond the building lot or parking lot landscaping and screening standards.
b.
Streets and rights-of-way. To create entranceways into the development, landscaping, signage, and other forms of monumenting shall be provided at major street intersections. These entranceways shall be accented with denser, more mature plantings than otherwise required by this section and shall include the installation of evergreen and other flowering shrubs.
c.
Lot landscaping.
(1)
Foundation. A minimum ten-foot strip in the front of the structure and a five-foot strip of landscaping along the side lines of the structure. On a corner lot there shall be two front faces of the structure (along the front and corner side yards). These areas shall contain a minimum of 50 percent of shrubs and/or ornamental trees and 50 percent turf or other ground cover, unless functionally impractical due to building/structural appurtenances as determined by the zoning administrator, or where permitted by section 110-6.3.9.e. for food processing businesses.
(2)
Interior parking lots. For parking lots over six spaces in size, landscape islands shall be provided at both ends of every row of parking spaces and a mid-row landscape island shall be provided for each 20 parking spaces. A minimum of five percent of the parking area must be landscaped. The minimum size of a planting area is 180 square feet with a minimum width of ten feet. One shade tree must be provided for each 180 square feet of landscaped area. The area at the perimeter of the parking lot, to a maximum width of three feet, may be used to satisfy part of the required five percent landscaped area provided:
(a)
The area is landscaped with shrubbery or trees;
(b)
The area is not part of a required yard; and
(c)
The area is not part of a landscaped area required elsewhere by this chapter.
(3)
Parking lot screening. Unless sufficiently screened by perimeter yard landscaping and screening, all yards and off-street parking areas must be adequately screened as required by section 110-6.3.
(4)
Interior side yard. At a minimum, one shade tree for each 80 feet on center (as measured per lineal foot along the side lot line), and alternately spaced with the existing or proposed trees within an interior side yard or rear yard of an adjoining parcel.
(5)
Rear yard landscaping. At a minimum, one shade tree for each 80 feet on center (as measured per lineal foot along the rear lot line) and alternately spaced with the existing or proposed trees if within an interior side yard or rear yard of an adjoining parcel.
d.
General conditions on landscaping.
(1)
Berming. Mounding shall generally vary in height, width, and length to create a free-form, naturalistic effect.
(2)
The side slope of berms shall not exceed a 3:1 ratio; a 6:1 ratio is preferred.
(3)
Under circumstances where existing development or the physical condition of a site and its surroundings makes an alternative landscape plan more practical while fulfilling the intent of this section, the zoning administrator may approve similar kind and density of planting material distributed proportionately from what this section requires provided the overall volume and density of landscaping required by this section is not reduced.
5.10.7. Establishing a business park district.
a.
Application.
(1)
Application for a business park district may be made by the property owner by filing an application for a zoning amendment with the zoning administrator, in accordance with requirements of this chapter;
(2)
At the time the application is filed, the developer shall also submit plans, data, and other information as required by this chapter;
(3)
Copies of the application and submittals shall be forwarded to the development commission for a public hearing; and
(4)
The applicant shall give notice of the public hearing in accordance with procedures outlined in section 110-4.10.1.
b.
Concept plan—Submittals. At the time of the application, the developer shall submit 15 copies folded to 8½ inches by 14 inches with the title block and date clearly displayed and one copy 11 inches by 14 inches in size of the following materials:
(1)
A location map, illustrating the relationship of the property to surrounding land uses;
(2)
A plat of survey prepared by an Illinois registered land surveyor, including a legal description of the subject property to be included in the district and location of lot lines and all existing structures.
(3)
Architectural drawings and sketches illustrating the design and character of proposed structures.
(4)
Concept landscape plan for the district, prepared by a landscape architect and showing the proposed treatment of major entranceways, rights-of-way, and perimeter buffers.
(5)
A preliminary engineering study, including the following:
(a)
A general description and location map showing the location and size of existing sanitary sewers, storm sewers, water service facilities, streets, and rights-of-way within and abutting to 200 feet of the proposed district;
(b)
A study of existing site conditions including soils, wetlands, stormwater runoff, and any other significant natural features;
(c)
Proposed improvements necessary to properly handle the traffic, potable water, sanitary sewer, stormwater drainage and other service needs upon development of the district; and
(d)
Designation of proposed street system.
(6)
A description of the modifications, exceptions, and variations from this chapter, or the village's subdivision control ordinance, if any, which are being requested as part of the application for the establishment of the district.
(7)
A development plan, showing proposed phasing of the project and estimated time of completion for each phase.
(8)
A traffic impact analysis prepared by a traffic engineer.
(9)
A fiscal impact analysis.
(10)
Any other pertinent information as deemed necessary by the zoning administrator and/or the development commission.
c.
Concept plan approval.
(1)
After the required submittals have been presented and reviewed during the public hearing, the development commission shall submit its recommendation with respect to the application to the president and board of trustees. The development commission may recommend:
(a)
Approval of the application;
(b)
Approval of the application, with conditions; or
(c)
Disapproval of the application.
(2)
The development commission may recommend, or the president and board of trustees may require, changes or revisions to the plans as are deemed necessary in the interest and needs of the community, provided they are in keeping with the intent of this chapter.
(3)
The development commission shall set forth the reasons for its recommendation in the findings of fact which shall be forwarded to the president and board of trustees within 30 days after the close of the hearing:
(a)
Any requested exceptions, modifications, or variations from this chapter or the village's subdivision control ordinance, should be clearly documented in the findings of fact;
(b)
In the event of a favorable recommendation, the plan commission shall specify particular conditions which should be incorporated into an approval of the application, which may or may not include requested exceptions, modifications, or variations from this chapter and the Municipal Code.
(4)
Within 30 days after receipt of the plan commission's recommendation, the president and board of trustees shall either approve, approve with conditions, disapprove or refer back to the developer and the plan commission for modification and review:
(a)
A conditional approval shall state what additions to or deletions from the application shall be made;
(b)
Any exceptions, modifications, or variations from this chapter that are granted by the president and board of trustees must be clearly stated and identified as part of the approval.
d.
Final plan approval for individual lots.
(1)
All lots within the district shall be developed according to the approved concept plan, development ordinance, and all regulations and restrictions contained in this chapter; provided however, upon approval of the final plat of subdivision of any portion of the development, the developer shall be able to build on part of a lot or on one lot and part of another lot, provided the combined lot and the remaining portion, when combined with its adjoining lots, meets the minimum lot size and setback requirements of the ordinance.
(2)
Prior to the issuance of a building permit, the owner of a particular lot or tract within the district shall submit six copies of the final plan, including landscaping, at a scale not less than one inch equals 50 feet, to the zoning administrator for review and approval.
e.
Final plat of subdivision. All lots within the district shall be created by final plats of subdivision that comply with the approved concept plan, development ordinance, all regulations and restrictions contained in this chapter, and the applicable provisions of the subdivision ordinance of the village.
If the owner of any abutting lots contained in any recorded plan of subdivision desires to construct a structure on part of a lot, or on one or more abutting lots and a part of another abutting lot the owner may apply for the resubdivision of any such lot by complying with the following procedure:
(1)
A plat of resubdivision, which complies with all applicable requirements of the subdivision ordinance determined applicable by the zoning administrator and the village engineer, shall be filed with the zoning administrator;
(2)
Within five working days of receipt of documents required by the preceding section, the zoning administrator shall give the owner written notice of determination that such plat complies with the provision of paragraph (1) above, or the specific reason why such plan and/or other required documents fail to comply with such requirements.
(3)
Upon determination by the zoning administrator that the plat of resubdivision complies with all applicable provisions of the Municipal Code and of the laws of the state and that all lots created by the plat of resubdivision contain the minimum dimensions for lots in the zoning district, the zoning administrator shall submit the plat of resubdivision to the president and board of trustees with a recommendation for approval.
(4)
At the next regularly scheduled meeting of the president and board of trustees the resolution for approval of the plat of resubdivision shall be presented for consideration for adoption.
5.10.8. Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the provisions set forth in this chapter; except, off-street loading berths shall be completely enclosed and shall not open onto a rear yard when adjoining a residence district.
5.10.9. Signage. Signage shall be as provided by a master plan inclusive of standards for all sign types submitted to the zoning administrator for approval.
(Code 1975, ch. 27, § 5.10; Ord. No. O-94-58, § 1, 10-6-1994; Ord. No. O-95-02, § 19, 1-5-1995; Ord. No. O-95-57, § 2, 9-7-1995; Ord. No. O-14-17, § 2, 5-15-2014; Ord. No. O-20-12, § 3, 3-5-2020)
Cross reference— Licenses, permits and business regulations, ch. 58.
5.11.1. Purpose. The HC high cube district is intended to provide for a unified development of mixed office, research and light to medium industrial uses in a campus-like setting, which will promote and maintain desirable economic activities. Such activities shall not create appreciable nuisances or hazards, but shall provide a pleasant, hazard- and nuisance-free environment. The purpose of this district is to allow for large scale development that: a) is adequately served by the public improvements and accessible to arterial streets; and b) will be separated from surrounding areas by substantial landscape buffering.
The distinguishing features of the high cube district are structures that provide high-bulk, open, free-span buildings typically associated with storage, warehousing and distribution facilities.
5.11.2. Permitted uses. The following uses are permitted:
a.
Manufacturing, fabricating, storing, cleaning, assembling, research, repairing, or servicing establishments.
b.
Warehouses and storage facilities, excluding motor freight terminals.
c.
Wholesale establishments.
d.
Accessory uses in accordance with the provisions of section 110-6.6 of this chapter.
e.
Recreational facilities, including but not limited to tennis courts, golf courses, and jogging, walking and biking trails and paths.
f.
Showroom and sales area as accessory uses to principal uses.
g.
Retail business services and personal service uses shall be permitted only as accessory uses, to consist of not more than 15 percent of the building area. The retail business and personal service uses shall be ones that primarily service the principal use.
h.
Village-owned utilities and facilities.
i.
Sexually oriented business, provided no such use shall be established or maintained within a premises which is located within 500 feet of:
(1)
A religious institution.
(2)
A private or public school or a day care center.
(3)
A boundary of a residential district as shown by the village's official zoning map.
(4)
A public park as shown by the village's official zoning map.
(5)
The property line of a lot devoted to residential use.
(6)
Another sexually oriented business whether such other business is or is not within this corporate units [the corporate limits] of the village.
For this use, no minimum separation shall be required from the above-described (1) through (6) where a sexually oriented business is separated from any of the above-described (1) through (6) by the Elgin-O'Hare Expressway or by any existing railroad right-of-way, which prevents direct access to any of the above-described (1) through (6).
For the purposes of this section, measurement shall be made in straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a religious institution or school or day care center, or to the nearest boundary of an affected public park, residential district, or residential lot.
For purposes of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
5.11.3. Special uses. The following uses may be allowed by special use permit:
a.
Retail sales.
b.
Open storage, outdoor.
c.
Buildings used exclusively for offices.
d.
Non-village-owned utilities and facilities.
e.
Planned unit developments.
f.
Multi-tenant retail, with the following conditions:
(1)
All vendors are to maintain a current business license with the village.
(2)
Outdoor display, sale, or storage of goods is not permitted.
(3)
An approved special use plan is required, which must address such details as appropriate circulation, parking, lighting, landscaping, signage, drainage, waste disposal, and safety measures.
g.
Medical cannabis dispensing facility.
h.
Adult use recreational cannabis business.
5.11.4. Conditions of use.
a.
The minimum net development area to be located in this district shall be 50 acres.
b.
Residential units shall not be allowed. Watchmen's dwellings shall be permitted only as accessory uses on the premises where employed.
c.
All business, servicing or processing, except for off-street parking and off-street loading, shall be conducted within completely enclosed buildings, unless otherwise indicated herein.
d.
Processes and equipment employed, and goods processed or sold, shall be limited to those not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibrations, refuse matter, or water-carried waste.
e.
All outside storage areas of goods, materials, or products shall be screened with a solid eight-foot fence (no chain link). Stored material shall not exceed the fence height. Maximum storage area may not exceed 20 percent of proposed building footprint area. Storage shall be permitted in the rear of structures only.
f.
Retail uses in the high cube district shall be located within a building or structure containing a permitted use.
g.
No lot, parcel, or tract of land shall be used, and no building or structure shall be erected, altered, or remodeled for any of the following uses: abattoirs; acid manufacture; arsenals; crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacturing or storage; dumping or reduction of garbage, dead animals, offal or refuse; ore reduction, petroleum processing or refining; pyroxylin manufacture; synthetic polymers manufacturing; gutta-percha manufacture or treatment; salt works; sauerkraut manufacture; soap manufacture; smelters; stockyards/or slaughter of animals or fowl; tallow grease or lard manufacture or treatment; tanning, curing or storage of rawhides or skins; tar distillation or manufacture; or cement concrete or asphaltic concrete batch mixing plants.
h.
No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, except such as are specifically approved by the village. Such materials shall include, but shall not be confined to: all primary explosives such as lead azide, lead styphnate, fulminates, and tetrocene; all high explosives such as TNT, RDX, HMX, PETN and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron dydrides, hydrazine, and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds such as acetylides, tetrazoles, perchloric acid, perchlorates, chlorates, hydrogen peroxide in concentration greater than 35 percent; and nuclear fuels, fissionable materials, and products and reactor elements such as uranium 235 and plutonium 239.
i.
Any use established in the high cube district hereafter shall be operated in such a manner as to comply with applicable performance standards governing noise, smoke, particulate matter, toxic or noxious matter, odors, fire and explosive hazards, or vibration, glare or heat. No noxious or offensive trades, services, or activities shall be conducted on the property, nor shall anything be done therein that may be or become an annoyance or nuisance by reason of or excessive emission of odors, fumes, smoke, vibration, dirt, dust, glare, wastes, or noise. Such emission will be governed by all local, state, and federal laws, rules, and regulations.
5.11.5. Development standards.
a.
Minimum lot size.
(1)
Lot area. Not less than three acres.
(2)
Lot width. Not less than 200 feet at the front yard line.
(3)
Floor area ratio (FAR). The floor area ratio (FAR) shall not exceed 0.625.
b.
Minimum yards.
(1)
Front yards. Not less than 50 feet, except that front yards adjoining arterial streets shall not be less than 75 feet.
(2)
Side yards.
(a)
On a corner lot, an interior side yard of not less than 15 feet and a corner side yard of not less than 50 feet, except corner side yards adjoining arterial streets shall not be less than 75 feet.
(b)
On an interior lot, two interior side yards neither of which shall be less than 15 feet and a combined width of both yards of not less than 35 feet provided the distance between adjoining buildings shall be not less than 35 feet.
(3)
Rear yard.
(a)
An interior rear yard of not less than 15 feet, provided the distance between abutting buildings shall be not less than 35 feet.
(b)
Where adjoining an arterial street, the rear yard shall be not less than 50 feet.
(c)
Where adjoining a nonresidential zoning district, a rear yard of not less than 25 feet.
(4)
Perimeter yard. A perimeter yard shall be established around the entire perimeter of the zoning district in accordance with the following standards:
c.
Building height. Building height shall not exceed 60 feet. For buildings greater than 25 feet in height, the minimum required yards shall be increased by one foot for each one foot in building height over 25 feet.
d.
Maximum lot coverage. Maximum lot coverage shall not exceed 80 percent.
5.11.6. Landscaping requirements. Landscaping shall be installed in accordance with the provisions set forth in this chapter and the Municipal Code except as amended by the following provisions:
a.
Perimeter yard. Landscaping and screening shall be provided in the perimeter yard as follows:
(1)
Screening shall be a minimum of five feet in height. When abutting to residential lots, the height of such screen shall be increased so as to be measured from the average elevation of the adjoining residential property line.
(2)
When abutting to a residence district the use of a three- to five-foot earthen berm shall be required.
(3)
When abutting to a residence district at a minimum, trees shall be planted within the perimeter yard and shall include:
(a)
Deciduous: Three per 100 lineal feet.
(b)
Evergreen: Five per 100 lineal feet.
(c)
Flowering: Five per 100 lineal feet.
(4)
When abutting to a nonresidential district other than business park or high cube district, 50 percent of the requirements of 5.11.6.a(3), above, shall apply in combination with a two-foot to four-foot berm.
(5)
When abutting to another industrial or business park use, no plant material is required beyond the building lot or parking lot landscaping and screening standards.
b.
Streets and rights-of-way. To create "entranceways" into the development, landscaping, signage and other forms of monumenting shall be provided at major street intersections. These "entranceways" shall be accented with denser more mature plantings than otherwise required by this section and shall include the installation of evergreen and other flowering shrubs.
c.
Lot landscaping.
(1)
Foundation. A minimum ten-foot strip in the front of the structure and a five-foot strip of landscaping along the side lines of the structure. On a corner lot there shall be two front faces of the structure (along the front and corner side yards.) These areas shall contain a minimum of 50 percent of shrubs and/or ornamental trees and 50 percent turf or ground cover, unless functionally impractical due to building/structural appurtenances as determined by the zoning administrator, or where permitted by section 110-6.3.9.e for food processing businesses.
(2)
Interior parking lots. For parking lots over six spaces in size, landscape islands will be required at both ends of every row of parking spaces and a mid-row landscape island must be provided for each 20 parking spaces. A minimum of five percent of the parking area must be landscaped. The minimum size of a planting area is 180 square feet with a minimum width dimension of ten feet. One shade tree must be provided for each 180 square feet of landscaped area. The area at the perimeter of the parking lot, to a maximum width of three feet, may be used to satisfy part of the required five percent landscaped area providing:
(a)
The area is landscaped with shrubbery or trees;
(b)
The area is not part of a required yard; and
(c)
The area is not part of a landscaped area required elsewhere by this chapter.
(3)
Parking lot screening. Unless sufficiently screened by perimeter yard landscaping and screening, all yards and off-street parking areas must be adequately screened as required by section 110-6.3.
(4)
Interior side yard. At a minimum, one shade tree for each 80 feet on center (as measured per lineal foot along the side lot line), and alternately spaced with the existing or proposed trees within an interior side yard or rear yard of an adjoining parcel.
(5)
Rear yard landscaping. At a minimum, one shade tree for each 80 feet on center (as measured per lineal foot along the side lot line) and alternately spaced with the existing or proposed trees if within an interior side yard or rear yard of an adjoining parcel.
d.
General conditions on landscaping.
(1)
Berming. Mounding shall generally vary in height, width and length, to create a free-form, naturalistic effect.
(2)
The side slope of berms shall not exceed 3:1 ratio, and a 6:1 ratio is desired.
(3)
Under circumstances where existing development or the physical condition of a site and its surroundings makes an alternative landscape plan more practical while fulfilling the intent of this section, the zoning administrator may approve like kind and density of planting material distributed differently than what this section requires provided the overall volume and density of landscaping required by this section is not reduced.
5.11.7. Establishing a high cube district.
a.
Application.
(1)
Application for a high cube district may be made by the property owner by filing an application for a zoning amendment with the zoning administrator, in accordance with requirements of this chapter;
(2)
At the time the application is filed, the developer shall also submit plans, data, and other information as required by this chapter;
(3)
Copies of the application and submittals shall be forwarded to the development commission for a public hearing; and
(4)
The applicant shall give notice of the public hearing in accordance with procedures outlined in section 110-4.10.1.
b.
Concept plan—Submittals. At the time of the application, the developer shall submit 15 copies folded to 8½ inches by 14 inches with the title block and date clearly displayed and one copy 11 inches by 14 inches in size of the following materials:
(1)
A location map, which illustrates the relationship of the property to surrounding land uses;
(2)
A plat of survey prepared by an Illinois registered land surveyor, including a legal description of the subject property to be included in the district, lot lines, and all existing structures.
(3)
Architectural drawings and sketches illustrating the design and character of proposed structures.
(4)
Concept landscape plan for the district, prepared by a landscape architect, showing proposed treatment of major entranceways, rights-of-way, and perimeter buffers.
(5)
A preliminary engineering study, including the following:
(a)
A general description of and location map showing location and size of existing sanitary sewers, storm sewers, water service facilities, streets, and rights-of-way within and abutting to 200 feet of the proposed district;
(b)
A study of existing site conditions including soils, wetlands, stormwater runoff, and any other significant natural features;
(c)
Proposed improvements necessary to properly handle the traffic, potable water, sanitary sewer, stormwater drainage and other service needs upon development of the district; and
(d)
Designation of proposed street system.
(6)
A description of the modifications, exceptions, and variations from this chapter, or the village's Subdivision Ordinance, if any, which are being requested as part of the application for the establishment of the district.
(7)
A development plan, showing proposed phasing of the project and estimated time of completion for each phase.
(8)
A traffic impact analysis prepared by a traffic engineer.
(9)
A fiscal impact analysis.
(10)
Any other pertinent information as deemed necessary by the zoning administrator and/or the commission.
c.
Concept plan approval.
(1)
After the required submittals have been presented and reviewed during the public hearing, the plan commission shall submit its recommendation with respect to the application to the president and board of trustees. The development commission may recommend:
(a)
Approval of the application;
(b)
Approval of the application with conditions; or
(c)
Disapproval of the application.
(2)
The development commission may recommend, or the president and board of trustees may require, changes or revisions to the plans as are deemed necessary in the interest and needs of the community, provided they are in keeping with the intent of this chapter.
(3)
The development commission shall set forth the reasons for its recommendation in the findings of fact which shall be forwarded to the president and board of trustees within 30 days after the close of the hearing and:
(a)
Any requested exceptions, modifications, or variations from this chapter or the village's subdivision ordinance, should be clearly documented in the findings of fact;
(b)
In the event of a favorable recommendation, the development commission shall specify particular conditions which should be incorporated into an approval of the application, which may or may not include requested exceptions, modifications, or variations from this chapter.
(4)
Within 30 days after receipt of the plan commission's recommendation, the president and board of trustees shall either approve, approve with conditions, disapprove or send the application back to the developer and the development commission for modification and review:
(a)
A conditional approval shall state what additions to or deletions from the application shall be made; and
(b)
Any exceptions, modifications, or variations from this chapter that are granted by the president and board of trustees must be clearly stated and identified as part of the approval.
d.
Final plan approval for individual lots.
(1)
All lots within the district shall be developed according to the approved concept plan, development ordinance, and all regulations and restrictions contained in this chapter, provided however, upon approval of the final plat of subdivision of any portion of the development, the developer shall be able to build on part of a lot or on one lot and part of another lot, provided the combined lot or the remaining portion, when combined with its adjoining lots, meets the minimum lot size and set back requirements of the ordinance.
(2)
Prior to the issuance of a building permit, the owner of a particular lot or tract within the district shall submit six copies of final plan, including landscaping, at a scale not less than one inch equals 50 feet, to the zoning administrator for review and approval.
e.
Final plat of subdivision. All lots within the district shall be created by final plats of subdivision which comply with the approved concept plan, development ordinance, all regulations and restrictions contained in this chapter and the applicable provisions of the subdivision ordinance.
If the owner of any abutting lots contained in any recorded plat of subdivision desires to construct a structure on part of a lot, or on one or more abutting lots and a part of another abutting lot the owner may apply for the resubdivision of any such lot by complying with the following procedure:
(1)
A plat of resubdivision, which complies with all applicable requirements of the subdivision ordinance determined applicable by the zoning administrator and the village engineer, shall be filed with the zoning administrator;
(2)
Within five working days of receipt of documents required by the preceding section, the zoning administrator shall give the owner written notice of determination that such plat complies with the provision of paragraph (1) above or the specific reason why such plan and/or other required documents fails to comply with such requirements.
(3)
Upon determination by the zoning administrator that the plat of resubdivision complies with all applicable provisions of the Municipal Code and of the laws of the State of Illinois and that all lots created by the plat of resubdivision contain the minimum dimensions for minimum size lots in the zoning district, the zoning administrator shall submit the plat of resubdivision to the president and board of trustees with a recommendation for approval.
(4)
At the next regularly scheduled monthly meeting of the president and board of trustees the resolution for approval of the plat of resubdivision shall be presented for consideration and adoption.
5.11.8. Off-street parking and loading. Off-street parking and loading shall be provided in accordance with the provisions set forth in this chapter. Except, however, off-street loading berths shall be completely enclosed and shall not open onto a rear yard when adjoining a residence district.
5.11.9. Signage. Signage shall be as provided by a master plan inclusive of standards for all sign types submitted to the zoning administrator for approval.
(Code 1975, ch. 27, § 5.11; Ord. No. O-95-02, § 19, 1-5-1995; Ord. No. O-95-57, § 3, 9-7-1995; Ord. No. O-99-14, art. 4, 3-4-1999; Ord. No. O-11-13, § 3, 6-2-2011; Ord. No. O-14-17, § 3, 5-15-2014; Ord. No. O-20-12, § 4, 3-5-2020)
5.12.1. Purpose. The L-I limited industrial district is established to provide areas for industrial concerns whose operations meet high performance standards, to establish standards of performance so that industrial districts may be established in proximity to residential, business, business park and high cube districts without adversely affecting such areas, and to provide regulations to assure adequate open space between industrial uses in the L-I limited industrial district boundaries and abutting residential areas.
5.12.2. Permitted uses. The following uses are permitted:
a.
Building equipment yards.
b.
Central dry cleaning plants.
c.
Manufacturing, fabricating, cleaning, assembling, research, repairing or servicing establishments, except those specified as special uses in section 110-5.12.3.
d.
Village-owned utilities and facilities.
e.
Warehouse uses.
f.
Accessory uses in accordance with provisions of section 110-6.6 of this chapter.
g.
Bakeries.
h.
Buildings devoted exclusively for offices, including but not limited to medical, dental, and other professional offices.
i.
Sexually oriented business, provided no such use shall be established or maintained within a premises which is located within 500 feet of:
(1)
A religious institution.
(2)
A private or public school or a day care center.
(3)
A boundary of a residential district as shown by the village's official zoning map.
(4)
A public park as shown by the village's official zoning map.
(5)
The property line of a lot devoted to residential use.
(6)
Another sexually oriented business whether such other business is or is not within this corporate units [the corporate limits] of the village.
For this use, no minimum separation shall be required from the above-described (1) through (6) where a sexually oriented business is separated from any of the above-described (1) through (6) by the Elgin-O'Hare Expressway or by any existing railroad right-of-way, which prevents direct access to any of the above-described (1) through (6).
For the purposes of this section, measurement shall be made in straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where a sexually oriented business is conducted, to the nearest property line of the premises of a religious institution or school or day care center, or to the nearest boundary of an affected public park, residential district, or residential lot.
For purposes of this section, the distance between any two sexually oriented businesses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
5.12.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Reserved.
b.
Carwashes, only if in completely enclosed buildings.
c.
Athletic clubs.
d.
Planned unit developments.
e.
Automobile dealerships.
f.
Motor vehicle service shops.
g.
Open sales or rental lots.
h.
Automobile service stations.
i.
Day care centers.
j.
Non-village-owned utilities and facilities.
k.
Body shops.
l.
Gymnastics schools.
m.
Dance schools.
n.
Medical cannabis dispensing facility.
o.
Adult use recreational cannabis business.
5.12.4. Conditions of use. All permitted and special uses are subject to the following conditions:
a.
Any production, processing, cleaning, servicing, testing and repair, or storage of goods, materials, or products shall conform with all applicable performance standards of the Municipal Code.
b.
All businesses, production, servicing, and processing shall take place within completely enclosed buildings unless otherwise specified. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be no higher than, and enclosed by, solid walls or fences (including solid doors or gates thereto) (chainlink fencing with slats prohibited) not to exceed eight feet in height. Stored material shall not exceed the fence height.
c.
Outdoor storage of uncontained bulk materials such as powder, grain, stone, sand, and coal, which have a tendency to become windborne, is prohibited.
5.12.5. Development standards.
a.
Yard area requirements.
(1)
Front yard. A front yard of not less than 50 feet in depth, but on an arterial street not less than 75 feet.
(2)
Corner side yard. A corner side yard shall not be less than 50 feet in depth, but not less than 75 feet on an arterial street.
(3)
Side yard. An interior side yard shall be not less than 15 feet wide, except where such use abuts upon the side of a lot in any residential district, in which case there shall be a side yard of not less than 30 feet.
(4)
Rear yard. A rear yard shall be not less than 30 feet.
b.
Maximum floor area ratio (FAR) shall be 0.50.
c.
Lot coverage shall not exceed 85 percent.
d.
Minimum lot size shall be one acre.
e.
Building height shall not exceed 60 feet.
5.12.6. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.12.7. Landscaping, buffers, and screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
5.12.8. Signs. See chapter 6 of the Village Code.
(Code 1975, ch. 27, § 5.12; Ord. No. O-95-02, § 18, 1-5-1995; Ord. No. O-97-57, § 2, 10-2-1997; Ord. No. O-99-14, arts. 2, 4, 3-4-199; Ord. No. O-14-17, § 4, 5-15-2014; Ord. No. O-20-12, § 5, 3-5-2020)
Cross reference— Licenses, permits and business regulations, ch. 58.
5.13.1. Purpose. The purpose and intent of the limited office district is to:
a.
Preserve the character of existing office development offering personal services of a professional nature which typically generate less vehicular traffic and require less visibility and accessibility from principal arterial streets than other business uses;
b.
Permit the development of office facilities in areas unsuitable for other business uses, or residential or industrial uses;
c.
Serve as a transitional buffer between residential uses and other business or industrial uses.
5.13.2. Permitted uses. The following uses are permitted:
a.
Village-owned utilities and facilities;
b.
Temporary structures incidental to and necessary for construction work;
c.
Parks, forest preserves and recreational areas, when publicly owned and operated.
5.13.3. Special uses. The following uses may be allowed by special use permit subject to section 110-4.5 of this chapter:
a.
Professional office establishments such as:
Accounting, auditing, etc.
Artists and industrial designers.
Attorneys and law offices.
Business and management consultants.
Design firms.
Engineering and architectural services.
Fences between six and eight feet in height.
Medical research facilities.
Professional consultants, and offices.
Research firms.
Regional sales offices, etc.
b.
Health, medical, and care institutions such as medical and dental offices and clinics.
c.
Veterinary office.
d.
Planned unit developments.
e.
Non-village-owned utilities and facilities.
5.13.4. Development standards.
a.
Minimum lot size. The minimum lot area required for the development in the limited office district shall be 7,735 square feet.
b.
Yard requirements.
(1)
Front yard. There shall be provided a front yard of not less than 30 feet in depth along every front line.
(2)
Interior side yard. There shall be provided a side yard of not less than ten feet in depth along each interior side lot line, except that existing buildings which do not have side yards less than five feet shall be considered conforming.
(3)
Corner side yard. There shall be provided a side yard of not less than 30 feet in depth in every instance where the said property line is adjacent to a public street.
(4)
Rear yard. There shall be provided a side yard of not less than 30 feet in depth along each rear lot line.
c.
Building height. The height of any building shall not exceed 30 feet.
d.
Maximum lot coverage. Not more than 35 percent of the lot area may be occupied by buildings and structures including accessory buildings.
5.13.5. Off-street parking and loading. Automobile parking and loading facilities shall be provided as required or permitted in section 110-6.2 of this chapter.
5.13.6. Landscaping, buffers, screening. Landscaping, buffers and screening shall be provided as required or permitted in section 110-6.3 of this chapter.
5.13.7. Signs. See chapter 6 of the Village Code.
(Code 1975, ch. 27, § 5.13; Ord. No. O-92-48, § 2, 7-16-1992)
Cross reference— Licenses, permits and business regulations, ch. 58.