Certain property within the village offers limited opportunities for larger scale commercial development to serve Kildeer and neighboring communities. Such property is uniquely located, however, at the gateway to the village and neighboring villages and abutting and adjacent to established single-family detached residential areas. Accordingly, such development must be carefully planned and regulated to avoid the many potential adverse consequences to the village, to neighboring villages, and to the abutting and adjacent residential uses, which adverse consequences could result from too dense, poorly buffered, badly designed, or otherwise ill planned use of such property. The purposes of the LC limited commercial district are to create regulations that allow the property zoned within the district to achieve a reasonable amount of commercial development, to protect the stature and aesthetics of the principal gateway to the village, to protect and preserve the quality of existing single-family residential areas, and to protect the village from undesirable impacts of unnecessary and unwanted intense commercial development. (Ord. 93-O-648, 9-7-1993)

The following uses, and no others, shall be permitted as of right in the LC limited commercial district. In interpreting the use designations in this chapter, references to the North American industry classification system, United States, 2002, where applicable, are given in parentheses following each use:

   A.   Retail Trade (Sector 44-45):

      Automotive parts and accessories stores and tire stores (4413).

      Clothing and clothing accessories stores:

      Children's and infant (44813).

      Family (44814).

      Men's (44811).

      Women's (44812).

      Electronic and appliance store (443).

      Floor covering stores (444120).

      Furniture and home furnishings store (442).

      Hardware stores (444130).

      Health and personal care (446).

      Jewelry, luggage, leather stores (4483).

      Miscellaneous retailers:

         Art dealers (453920).

         Automotive repair (8111), except stand alone car washes (811192).

         Barbershops (812111).

         Beauty shops (812112).

         Book, periodical and music stores (4512).

         Business service centers (56143).

         Department stores (452111).

         Dry cleaning and laundry (812320) except coin operated.

         Electronic and precision equipment repair (8112).

         Florist (453).

      Office supply and stationery and gift stores (4532).

      Other miscellaneous store retailers (45399).

      Other schools and instruction (6116).

      Personal and household goods repair (8114).

      Pet and pet supplies (45399).

      Photofinishing (81292).

      Photography studios (541921).

      Sporting goods, hobby and musical stores (except gun stores) (4511).

      Videotape and disc rental (53223).

      Shoe stores (4482).

   B.   Finance (for ATMs, drive-up/drive-through tellers and/or freestanding financial facilities see section 5-10A-3, "Special Uses", of this chapter):

      Commercial banking with in-line building (52211).

      Savings institution with in-line building (52212). (Ord. 06-O-964, 5-1-2006)

The following uses, and no others, may be permitted by special use permit in accordance with the provisions of chapter 17 of this title. In interpreting the use designations in this chapter, references to the North American industry classification system, United States, 2002, where applicable, are given in parentheses following each use:

   A.   Retail Trade:

      Food and beverage stores.

      Specialty foods (4452).

      Gasoline stations (447).

      Gasoline filling stations, subject to the following conditions:

      1.   Minimum lot size shall be one acre (43,560 square feet).

      2.   Minimum yard area shall be provided in accordance with section 5-10-10 of this title.

      3.   If the site adjoins an R-1, R-2 or residential portion of a PD-1, PD-2 or PD-3 district, transitional yards as required by section 5-10-9 of this title shall be provided.

      4.   Landscaping within required yards shall be provided in accordance with a plan reviewed by the plan commission/board of appeals and approved by the village board.

      5.   Car wash shall be allowed only to the extent that it is incidental to the principal use, and subject to the provisions of this chapter.

      6.   Hours of operation shall be subject to review and approval.

      7.   All sales and displays and storage of goods shall be confined within a permanent structure.

      8.   The operations of the business shall conform with the performance standards for noise, odors, toxic and noxious material, storage and handling of flammable materials and all other standards established in chapter 12 of this title, the applicable Kildeer building codes, and all other applicable village, county, state, or federal regulations. In the event of a conflict between any of the foregoing standards, the more restrictive standard shall apply to these operations.

      Home centers (44110).

      Home centers, subject to the following conditions:

      1.   Minimum lot size shall be one acre (43,560 square feet).

      2.   Minimum yard area shall be provided in accordance with section 5-10-10 of this title.

      3.   If the site adjoins an R-1, R-2 or residential portion of a PD-1, PD-2 or PD-3 district, transitional yards as required by section 5-10-9 of this title shall be provided.

      4.   Landscaping within required yards shall be provided in accordance with a plan reviewed by the plan commission/board of appeals and approved by the village board.

      5.   Hours of operation shall be subject to review and approval.

      6.   All sales and displays and storage of goods shall be confined within a permanent structure.

      7.   The operations of the business shall conform with the performance standards for noise, odors, toxic and noxious material, storage and handling of flammable materials and all other standards established in chapter 12 of this title, the applicable Kildeer building codes, and all other applicable village, county, state, or federal regulations. In the event of a conflict between any of the foregoing standards, the more restrictive standard shall apply to these operations.

      Lawn and garden equipment stores (4442).

      Lawn and garden equipment stores, subject to the following conditions:

      1.   Minimum lot size shall be one acre (43,560 square feet).

      2.   Minimum yard area shall be provided in accordance with section 5-10-10 of this title.

      3.   If the site adjoins an R-1, R-2 or residential portion of a PD-1, PD-2 or PD-3 district, transitional yards as required by section 5-10-9 of this title shall be provided.

      4.   Landscaping within required yards shall be provided in accordance with a plan reviewed by the plan commission/board of appeals and approved by the village board.

      5.   Hours of operation shall be subject to review and approval.

      6.   All sales and displays and storage of goods shall be confined within a permanent structure.

      7.   The operations of the business shall conform with the performance standards for noise, odors, toxic and noxious material, storage and handling of flammable materials and all other standards established in chapter 12 of this title, the applicable Kildeer building codes, and all other applicable village, county, state, or federal regulations. In the event of a conflict between any of the foregoing standards, the more restrictive standard shall apply to these operations.

      Lessors of miniwarehouses and self-storage units (531130).

      Lessors of miniwarehouses and self-storage units, subject to the following conditions:

      1.   Minimum lot size shall be one acre (43,560 square feet).

      2.   Minimum yard area shall be provided in accordance with section 5-10-10 of this title.

      3.   If the site adjoins an R-1, R-2 or residential portion of a PD-1, PD-2 or PD-3 district, transitional yards as required by section 5-10-9 of this title shall be provided.

      4.   Landscaping within required yards shall be provided in accordance with a plan reviewed by the plan commission/board of appeals and approved by the village board.

      5.   Hours of operation shall be subject to review and approval.

      6.   All sales and displays and storage of goods shall be confined within a permanent structure.

      7.   The operations of the business shall conform with the performance standards for noise, odors, toxic and noxious material, storage and handling of flammable materials and all other standards established in chapter 12 of this title, the applicable Kildeer building codes, and all other applicable village, county, state, or federal regulations. In the event of a conflict between any of the foregoing standards, the more restrictive standard shall apply to these operations.

      New car dealers (41110).

   B.   Telecommunications Facilities: Telecommunications facilities subject to the following conditions:

      1.   Minimum front yard: One hundred feet (100').

      2.   Minimum side yard: Ten feet (10'); if side yard adjoins street, minimum one hundred feet (100').

      3.   Minimum rear yard: Twenty five feet (25').

      4.   If site adjoins an R-1, R-2, or residential portion of a PD-l, PD-2, or PD-3 district, transitional yards shall be provided. Minimum side yard: Thirty five feet (35'); minimum rear yard: Fifty feet (50').

      5.   Maximum height: One hundred fifty feet (150'), or as recommended by the plan commission/board of appeals, upon presentation of supporting documentation.

      6.   Multiple use of structure is strongly encouraged.

   C.   Arts, Entertainment And Recreational Facilities:

      Bowling center (713950).

      Fitness and recreation (713940).

      Golf (713910).

   D.   Accommodation And Food Services:

      Food service (no drive-through).

      Full service (72211).

      Snack and nonalcoholic bars (722213).

   E.   Professional, Scientific And Technical Services Office Uses:

      Accounting services (5412).

      Advertising and related services (5418).

      Architectural and engineering services (5413).

      Computer systems design (5415).

      Finance and insurance (522113-5259).

      Legal services (5411).

      Management, scientific and consulting services (5416).

      Real estate agents and brokers (5312).

      Specialized design services (5415).

      Travel arrangements and reservation services (5615).

   F.   Finance:

      Automatic teller machines, subject to the following:

      1.   Safety requirements for pedestrian and vehicular circulation, including: adequate stacking, no conflicts with other vehicles entering or leaving the site, opportunity for a person in line to safely exit the line, minimum conflict with pedestrians, and adequate lighting.

      Commercial banking with freestanding building (52211).

      Drive-up or drive-through tellers, subject to the following:

      1.   Safety requirements for pedestrian and vehicular circulation, including: adequate stacking, no conflicts with other vehicles entering or leaving the site, opportunity for a person in line to safely exit the line, minimum conflict with pedestrians, and adequate lighting.

      Savings institution with freestanding building (52212).

   G.   Other/Miscellaneous:

      Adult uses: The intent of the adult use regulation is to protect the public health, safety and welfare by limiting the deleterious effects of such businesses on the adjacent properties. These regulations apply to bookstores, movie theaters, entertainment cabarets, novelty stores and other similar uses. Adult uses shall be subject to the following conditions:

      1.   No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from the public way or from any property not used for adult uses. This provision shall apply to any display, decoration, sign, show window or other exterior element.

      2.   Landscaping within required yards shall be provided in accordance with a plan reviewed by the plan commission/board of appeals, and approved by the village board.

      3.   All adult uses shall be within fully enclosed buildings.

      4.   If the site adjoins an R-1, R-2, or residential portion of a PD-1, PD-2 or PD-3 district, transitional yards as required by section 5-10-9 of this title shall be provided.

      5.   Hours of operation shall be subject to review by the plan commission/board of appeals and approval by the village board.

      6.   No alcoholic beverages shall be served.

      7.   No adult use shall be located within eight hundred feet (800') of any property used for residences, churches, schools, parks, or other adult use.

      8.   All dancing and other performances shall occur on a stage intended for that purpose which is raised at least two feet (2') from the level of the floor. No dancing or other performances shall occur closer than ten feet (10') to any patron. In addition, no performer shall fondle, caress or otherwise touch any patron, and no patron shall fondle, caress or otherwise touch any performer. No patron shall directly pay or give any gratuity to any performer, and no performer shall solicit any pay or gratuity from any patron. Gratuities may be indirectly given to performers by placing the gratuity on the stage.

      9.   No booths, stalls or partitioned portions of a room or individual rooms used for the viewing of motion pictures or other forms of entertainment shall have doors, curtains or portal partitions, but all such booths, stalls or partitioned portions, or a room or individual rooms so used shall have at least one side open to an adjacent public room so that the area inside is visible to persons in the adjacent public room. All such described areas shall be lighted in such a manner that the persons in the areas used for viewing motion pictures or other forms of entertainment are visible from the adjacent public rooms, but such lighting shall not be of such intensity as to prevent the viewing of the motion pictures or other offered entertainment.

      10.   No adult use shall be open prior to ten o'clock (10:00) A.M. or after twelve o'clock (12:00) midnight.

      Outdoor storage: Outdoor storage for principal use listed elsewhere, subject to the following conditions:

      1.   All outdoor storage areas shall be fenced with materials of wood, stone or masonry. The fencing shall be no less than six feet (6'), nor greater than eight feet (8') high and must completely screen the stored materials.

      2.   Nothing may be stored above the height of the fence.

      3.   The required fencing shall not protrude or extend into or beyond the front building line.

      4.   The materials that are so stored shall be stored in compliance with all local, state and federal standards. (Ord. 06-O-964, 5-1-2006)

All development in the LC limited commercial district shall comply with all regulations of this chapter, and with all performance standards for noise, odors, toxic and noxious material, storage and handling of flammable materials and all other standards established in chapter 12 of this title, the applicable Kildeer building codes, and all other applicable Kildeer, county, state of Illinois, and federal codes, ordinances, statutes, and regulations. In the event of a conflict among any of the foregoing standards, the most restrictive standard shall apply in every instance. (Ord. 93-O-648, 9-7-1993)

   A.   Required Plan Submittals: Every applicant for any development in the LC limited commercial district shall file with the village the following documents. For purposes of this chapter, all of the following documents, taken together, shall be referred to as the "site plan", and the term site plan shall mean each and every one of the following documents:

      1.   Location map; and

      2.   Boundary survey; and

      3.   Topographic survey; and

      4.   Site analysis; and

      5.   Site plan; and

      6.   Grading plan; and

      7.   Landscape plan; and

      8.   Photometric plan; and

      9.   Development schedule; and

      10.   Architectural drawings; and

      11.   Protective covenants; and

      12.   Utility plan; and

      13.   Traffic impact study; and

      14.   Written statement; and

      15.   Legal description; and

      16.   Fiscal impact analysis, including general assessment, tax impacts, and effects on neighboring property values; and (Ord. 93-O-648, 9-7-1993)

      17.   Such others as required by the plan commission/board of appeals or the board of trustees. (Ord. 93-O-648, 9-7-1993; amd. Ord. 05-O-942, 11-7-2005)

      Documents 1 through 15 shall include the information described for such documents in section 5-14-4 of this title.

   B.   Site Plan Approval Required: Every development in the LC limited commercial district shall require, in advance, site plan review and approval. The site plan, and each element of it, shall be prepared in compliance with all applicable village codes and ordinances and with the standards of subsection D of this section. (Ord. 93-O-648, 9-7-1993)

   C.   Review Procedure:

      1.   Preapplication Plan Review: Every applicant for development in the LC limited commercial district shall submit all elements of the site plan for review by the village's plan review committee prior to filing any other application for approval of such development. The plan review committee shall review the site plan and shall determine whether all elements of it are in a form suitable for review by the plan commission/board of appeals. If any element of the site plan is incomplete, then the plan review committee may require the applicant to complete such element before referring the site plan to the plan commission/board of appeals. The plan review committee shall refer the site plan to the plan commission/board of appeals promptly after it is properly completed.

      2.   Public Hearing: The plan commission/board of appeals shall conduct a public hearing on the site plan. Notice of such hearing shall be published by the village at the applicant's expense in a newspaper of general circulation in the village not more than thirty (30) days nor fewer than fifteen (15) days prior to the date of such hearing. Notice of such hearing also shall be mailed, by certified mail, return receipt requested, by the applicant to all owners of all property within two hundred fifty feet (250') of any part of the property that is the subject of such hearing. Notice of such hearing also shall be posted on said property by the applicant, in form and location approved by the village, continuously for at least ten (10) days prior to such hearing.

      3.   Plan Commission/Board Of Appeals Findings And Recommendations: The plan commission/board of appeals shall submit written findings and recommendations regarding the site plan to the board of trustees. (Ord. 93-O-648, 9-7-1993; amd. Ord. 05-O-942, 11-7-2005)

      4.   Board Of Trustees Review: The board of trustees shall review the site plan at a public meeting and in accordance with the provisions of subsection D of this section. (Ord. 93-O-648, 9-7-1993)

   D.   Standards For Site Plan Disapproval:

      1.   Standards: The board of trustees shall not disapprove, and the plan commission/board of appeals shall not recommend disapproval of, a site plan submitted pursuant to this section except on the basis of specific written findings directed to one or more of the following standards: (Ord. 93-O-648, 9-7-1993; amd. Ord. 05-O-942, 11-7-2005)

         a.   The application is incomplete in specified particulars or contains or reveals violations of this title or any other applicable regulations that the applicant has failed or refused to supply or correct.

         b.   The application is submitted in connection with another application, the approval of which is a condition precedent to the necessity for site plan review, and the applicant has failed to secure approval of that application.

         c.   The site plan fails to adequately meet specified standards required by this title with respect to the proposed use or development, including special use standards where applicable.

         d.   The proposed site plan interferes with easements or rights of way.

         e.   The proposed site plan unreasonably destroys, damages, detrimentally modifies, or interferes with the enjoyment of significant natural, topographical, or physical features of the site.

         f.   The proposed site plan creates undue traffic congestion or hazards in the public streets, or the circulation elements of the proposed site plan unreasonably create hazards to safety on or off site or disjointed, inefficient pedestrian or vehicular circulation paths on or off site.

         g.   The screening of the site does not provide adequate shielding from or for nearby uses.

         h.   The proposed structures or landscaping are unreasonably lacking amenities in relation to, or are incompatible with, nearby structures and uses.

         i.   The proposed site plan makes inadequate provision for the creation or preservation of open space or for its continued maintenance.

         j.   The proposed site plan creates unreasonable drainage or erosion problems or fails to fully and satisfactorily integrate the site into the overall existing and planned drainage system serving the village.

         k.   The proposed site plan places unwarranted or unreasonable burdens on specified utility systems serving the site or area or fails to fully and satisfactorily integrate the site's utilities into the overall existing and planned utility systems serving the village.

         l.   The proposed site plan has inappropriate adverse impacts on the value of adjacent property or on village economics generally.

         m.   The proposed site plan otherwise adversely affects the public health, safety, or general welfare. (Ord. 93-O-648, 9-7-1993)

      2.   Alternative Approaches: In citing any of the foregoing standards, other than those of subsections D1a and D1b of this section, as the basis for disapproving a site plan, the plan commission/board of appeals or the board of trustees shall suggest alternate approaches that could be developed to avoid the specified deficiency or shall state the reasons why such deficiency cannot be avoided consistent with the applicant's objectives. (Ord. 93-O-648, 9-7-1993; amd. Ord. 05-O-942, 11-7-2005)

   E.   Effect Of Site Plan Approval: Approval of a site plan shall not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits or approvals that may be required by the codes and ordinances of the village including, but not limited to, a building permit.

      Every approved site plan shall be filed with the village administrator and the development of the site shall be in substantial conformity with such approved and filed site plan.

   F.   Limitation On Site Plan Approval: Subject to an extension of time granted by the board of trustees, after public hearing, no site plan approval by the board of trustees shall be valid for a period longer than two (2) years or the time period specifically established in the site plan, whichever is longer, unless a building permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.

   G.   Adjustments To Site Plan During Development:

      1.   Minor Adjustments: During the development of the site, the village administrator, with the concurrence of the building and zoning committee of the board of trustees, may authorize minor adjustments to a site plan approved by the board of trustees when such adjustments appear necessary in light of technical or engineering considerations first discovered during actual development. Such minor adjustments shall be limited to the following:

         a.   Altering the location of any one structure or group of structures by not more than twenty feet (20') or one-fourth (1/4) of the distance shown on the approved site plan between such structure or structures and any other structure or any vehicular circulation element of any boundary of the site plan, whichever is less, but not affecting any required yard.

         b.   Altering the location of any circulation element by not more than twenty feet (20') or one-fourth (1/4) of the distance shown on the approved site plan between such circulation element and any structure, whichever is less, but not affecting any required yard.

         c.   Altering the location of any open space by not more than fifty feet (50'), but not affecting any required yard.

      Such minor adjustments shall be consistent with the intent and purpose of this title and the site plan as approved, shall be the minimum necessary to overcome the particular difficulty, and shall not be approved if they would result in a violation of any standard or requirement of this title. (Ord. 93-O-648, 9-7-1993)

      2.   Major Adjustments: Any adjustment to a site plan approved by the board of trustees that is not authorized by subsection G1 of this section shall be considered to be a major adjustment and shall be granted only after application to and approval by the board of trustees, after public hearing by and recommendation of the plan commission/board of trustees. Major adjustments to a site plan shall be granted only by an ordinance duly adopted by the board of trustees. (Ord. 93-O-648, 9-7-1993; amd. Ord. 05-O-942, 11-7-2005)

   H.   Amendments To Site Plan Following Completion Of Development: After a site is developed in accordance with an approved site plan, the approved site plan may be amended, varied, or altered in the same manner and subject to the same limitations as provided for original approval of site plans. (Ord. 93-O-648, 9-7-1993)

No lot or parcel of land in the LC limited commercial district shall be less than five hundred thousand (500,000) square feet in area. Every such lot or parcel of land shall have a minimum width at the building line of four hundred feet (400'). (Ord. 93-O-648, 9-7-1993)

The height of any structure shall not exceed two and one-half (21/2) stories, nor shall it exceed thirty five feet (35'). (Ord. 93-O-648, 9-7-1993)

   A.   Front Yard: One hundred feet (100'), except only as provided in subsection D of this section.

   B.   Side Yard: One hundred feet (100'), except only as provided in subsections D and E of this section.

   C.   Rear Yard: One hundred feet (100'), except only as provided in subsections D and E of this section.

   D.   Yard Abutting State Owned Right Of Way: Fifty feet (50').

   E.   Interior Side Or Rear Yards Abutting Property Zoned In B Business District Or LC Limited Commercial District: Twenty five feet (25').

   F.   No Obstructions; Exception: Notwithstanding any other provision of this zoning ordinance or any other Kildeer code or ordinance, no structure, building, or use of any kind shall be located in a required yard, except only that driveway crossings may traverse a required yard that abuts a public street so long as such driveway is built as nearly perpendicular as possible to the required yard. (Ord. 93-O-648, 9-7-1993)

All buildings and structures shall be set back a minimum of one hundred feet (100') from every lot line, and such additional distance as may be required to comply with applicable health and safety regulations such as installation of fire lanes and the like. (Ord. 93-O-648, 9-7-1993)

The maximum lot coverage in the LC limited commercial district shall be sixty percent (60%).

For purposes of this chapter, the following terms shall have the meanings herein ascribed to them:

LOT AREA: The total land area included within lot lines, excluding, however, water areas, land areas with natural resources restrictions on development (such as floodplains, wetlands, and lowland (hydric) conservancy soils), and required yards abutting lot lines in residential districts.

LOT COVERAGE: The percentage of lot area covered by any building or structure or any impermeable surface other than public sidewalks or water bodies. (Ord. 93-O-648, 9-7-1993)

The maximum floor area ratio in the LC limited commercial district shall be 0.18. For purposes of this chapter, the following terms shall have the meanings herein ascribed to them:

FLOOR AREA: The sum of the gross horizontal areas of all floors of all stories of a building or of such area devoted to a specific use, measured from the exterior face of exterior walls.

FLOOR AREA RATIO: The floor area of all buildings on a lot divided by the lot area of the lot on which they are located.

LOT AREA: See section 5-10A-10 of this chapter. (Ord. 93-O-648, 9-7-1993)

The minimum space between buildings in the LC limited commercial district shall be one hundred feet (100'). (Ord. 93-O-648, 9-7-1993)

Notwithstanding any other provision of this zoning ordinance or any other Kildeer code or ordinance, more than one building and structure may be permitted on one lot or parcel of land in the LC limited commercial district provided that the development, taken as a whole, complies with all regulations of this chapter and every other applicable provision of this title. (Ord. 93-O-648, 9-7-1993)

   A.   Required One Hundred Foot Yards: Each required one hundred foot (100') wide yard shall include all of the following landscaping materials and berming for each one hundred feet (100') of length or increment thereof:

      1.   Eight (8) three inch (3") caliper canopy trees, and

      2.   Eight (8) two inch (2") caliper understory trees, and

      3.   Sixteen (16) six foot (6') tall evergreen trees, and

      4.   Fifty (50) three foot (3') tall deciduous or evergreen shrubs, and

      5.   Minimum five foot (5') berm varying in height from five feet (5') to ten feet (10').

   B.   Required Fifty Foot Yards: Each required fifty foot (50') wide yard shall include all of the following landscaping materials and berming for each fifty feet (50') of length or increment thereof:

      1.   Two (2) three inch (3") caliper canopy trees, and

      2.   Two (2) two inch (2") caliper understory trees, and

      3.   Two (2) six foot (6') tall evergreen trees, and

      4.   Twenty (20) three foot (3') tall deciduous or evergreen shrubs, and

      5.   Minimum one foot (1') to three foot (3') high undulating berm.

   C.   Foundation Plantings: Trees and shrubs shall be installed along the front and side elevations of commercial and office buildings to provide articulation, provide shade, and to enhance the pedestrian environment.

   D.   Definition Of "Caliper": For purposes of this chapter, the term "caliper" shall mean the diameter of a tree trunk measured six inches (6") above ground level for trees less than four inches (4") in diameter at ground level and measured twelve inches (12") above ground level for all other trees.

   E.   Maintenance Of Required Landscaping: All landscaping required by this section shall be maintained in good condition at all times. All dead, diseased, or damaged plant material shall be removed promptly and shall be replaced promptly with live plant material in good condition and in quantities and sizes so that the maximum quantities and sizes established in this section are maintained at all times. (Ord. 93-O-648, 9-7-1993)

Every proposed development in the LC limited commercial district shall require architectural design review and approval. Notwithstanding any other Kildeer code or ordinance, such architectural design review and approval shall be conducted by the board of trustees after review at public hearing by, and a recommendation of, the plan commission/board of appeals. No site plan shall be approved and no building permit shall be granted for development in the LC limited commercial district except after approval by the board of trustees of the architectural design of the proposed development. The purpose of the design review provided in this section is to ensure that all development in the LC limited commercial district shall be compatible with existing development in Kildeer and with all abutting and adjacent residential development. The plan commission/board of appeals and the board of trustees, during their review, shall apply these principles and shall, in addition, be guided by the following standards and considerations: (Ord. 93-O-648, 9-7-1993; amd. Ord. 05-O-942, 11-7-2005)

   A.   Quality Of Design And Site Development: New and existing buildings and structures and appurtenances thereof which are constructed, reconstructed, materially altered, repaired, or moved shall be evaluated under the following quality of design and site development guidelines:

      1.   Open Spaces: The quality of open spaces between buildings and in setback spaces between street and facade.

      2.   Materials: The quality of materials and their relationship to those in existing adjacent structures. Every building shall be built with equal quality materials on all sides of the building.

      3.   General Design: The quality of the design in general and its relationship to the overall character of the neighborhood.

      4.   General Site Development: The quality of the site development in terms of landscaping, recreation, pedestrian access, automobile access, parking, servicing of the property, and impact on vehicular traffic patterns and conditions on site and in the vicinity of the site, and the retention of trees and shrubs to the maximum extent possible.

   B.   Visual Compatibility: New buildings and structures, existing buildings and structures and appurtenances thereof which are constructed, reconstructed, materially altered, repaired, or moved, shall be visually compatible in terms of the following guidelines:

      1.   Height: The height of the proposed buildings and structures shall be visually compatible with adjacent buildings.

      2.   Proportion Of Front Facade: The relationship of the width to the height of the front elevation shall be visually compatible with buildings, public ways, and places to which it is visually related.

      3.   Proportion Of Openings: The relationship of the width to height of windows shall be visually compatible with buildings, public ways, and places to which the building is visually related.

      4.   Rhythm Of Solids To Voids In Front Facades: The relationship of solids to voids in the front facade of a building shall be visually compatible with buildings, public ways, and places to which it is visually related.

      5.   Rhythm Of Spacing And Buildings On Streets: The relationship of a building or structure to the open space between it and adjoining buildings or structures shall be visually compatible with the buildings, public ways, and places to which it is visually related.

      6.   Rhythm Of Entrance Porch And Other Projections: The relationship of entrances and other projections to sidewalks shall be visually compatible with the buildings, public ways, and places to which it is visually related.

      7.   Relationship Of Materials And Texture: The relationship of the materials and texture of the facade shall be visually compatible with the predominant materials used in the buildings and structures to which it is visually related.

      8.   Roof Shapes: The roof shape of a building shall be visually compatible with the buildings to which it is visually related.

      9.   Walls Of Continuity: Building facades and appurtenances such as walls, fences, and landscape masses shall, when it is a characteristic of the area, form cohesive walls of enclosure along a street to ensure visual compatibility with the buildings, public ways, and places to which such elements are visually related.

      10.   Scale Of Building: The size and mass of buildings and structures in relation to open spaces, windows, door openings, porches, and balconies shall be visually compatible with the buildings, public ways, and places to which they are visually related.

      11.   Directional Expression Of Front Elevation: A building shall be visually compatible with the buildings, public ways, and places to which it is visually related in its directional character, whether this be vertical character, horizontal character, or nondirectional character. (Ord. 93-O-648, 9-7-1993)

   C.   Special Considerations For Existing Buildings: For existing buildings, the plan commission/board of appeals and the board of trustees shall consider the availability of materials, technology, and craftsmanship to duplicate existing styles, patterns, textures, and overall detailing. (Ord. 93-O-648, 9-7-1993; amd. Ord. 05-O-942, 11-7-2005)

   A.   Determination Of Drainageway: The existence of any drainageway from time to time shall be determined as follows:

      1.   Land Near Streams: All land, except land designated as a floodway, on either side of and within fifty feet (50') of the centerline of any intermittent or perennial stream shown on the U.S. geological survey's 71/2 minute quadrangle maps of the village.

      2.   Land Near Swales: All land, except land designated as a floodway, on either side of and within twenty five feet (25') of the centerline of any swale identified by topographic and hydrologic analyses as serving as a principal storm water outfall, rather than merely as a tributary for the subbasin of a subwatershed area.

      3.   Soil Classes: All land included within the following soils classes in the soils maps provided by the U.S. department of agriculture as published in "Soil Survey Of Lake County, Illinois", issued September 1970, and as recorded on the village soils maps:

 

      4.   Updated Classification: An update to the 1970 soil survey of Lake County on a site specific basis may be provided by an applicant to the village for review and action for possible mapping corrections and soils reclassification. Any such soil mapping and classification survey must be prepared by an Illinois certified professional soil scientist/soil classifier. The village engineer may approve minor changes from the 1970 soil survey of Lake County of up to twenty feet (20') in soil boundary lines and up to five percent (5%) of the area originally shown as drainageway soils. Changes greater than those indicated above shall be considered major changes and the Village Engineer shall so report to the Village Board, which may accept, modify, or reject the proposed reclassification.

   B.   Development in Drainageway Prohibited: No development shall be permitted in any drainageway; provided, however, that the crossing of a drainageway for access or utility purposes may be authorized by issuance of a special use permit if, but only if, such crossing is designed to minimize to the fullest possible extent the disruption and operation of such drainageway. (Ord. 93-O-648, 9-7-93)

   A.   Access from Residential Districts: No access shall be permitted to any property zoned in the LC Limited Commercial District across any property zoned in a residential district.

   B.   Access from Streets in Other Jurisdictions: No access shall be permitted to any property zoned in the LC Limited Commercial District from any street or right of way under the jurisdiction of a governmental body or agency without the written approval thereof of such governmental body or agency.

   C.   Access from Route 12: Every access to any property zoned in the LC Limited Commercial District directly from Route 12 shall be limited to right-in, right-out turning movements only and, in addition, shall require approval of the Illinois Department of Transportation and any other agency with jurisdiction in advance of any Kildeer approval.

   D.   Access from Old Rand Road: Any access to any property zoned in the LC Limited Commercial District from Old Rand Road from Route 12 via Old Rand Road shall require a special use permit and, in addition, shall require approval of the Illinois Department of Transportation, the Village of Lake Zurich, and any other agency or local government with jurisdiction in advance of any Kildeer approval.

   E.   Access from Cuba Road: No access shall be permitted to any property zoned in the LC Limited Commercial District from Cuba Road. (Ord. 93-O-648, 9-7-93)

Parking and loading facilities shall be provided as required or permitted in Chapter 13 of this Title and shall conform to the following standards:

   A.   No Parking or Loading in Required Yards: No off-street parking or loading shall be located in any required yard.

   B.   Curbing: Concrete curbs shall be constructed around the perimeter of all off-street parking and off-street loading facilities.

   C.   Islands: Curbed, landscaped islands shall be provided in all parking lots containing twenty (20) or more spaces in accordance with the following standards:

      1.   Width: Landscaped islands shall be a minimum of six feet (6') wide, as measured between backs of curbs.

      2.   Number: One island shall be installed for each fifteen (15) off-street parking spaces.

      3.   Landscaping: Landscaped islands shall be planted with not fewer than one shade tree and with groundcover or shrubs. Shrubs shall be low growing. Trees shall be high-branched so as to maintain a clear line of sight for motorists that is between three feet (3') and five feet (5') above ground level. (Ord. 93-O-648, 9-7-93)

See Chapter 20 of this Title. (Ord. 93-O-648, 9-7-93)

   A.   Screening Required: All roof-mounted mechanical equipment, including but not limited to heating, ventilating, and air-conditioning units, shall be fully screened from view on all sides of the building, using the same construction materials as used for the principal facades of the building on which such equipment is located.

   B.   Screening Methods: Screening shall be accomplished by the principal building roof structure, parapet walls, or a penthouse. The height of the parapet walls or roof structure shall equal the height of the tallest rooftop element installed on the building. (Ord. 93-O-648, 9-7-93)

   A.   Location; Screening: Trash receptacles shall be located behind, or along the interior side of, the principal building or buildings they serve and shall be completely enclosed by masonry walls and gates no less than the height of the receptacles. Construction materials for the walls and gates shall be compatible with the materials used to construct the nearest principal structure.

   B.   Landscaping: When a structure that encloses trash receptacles is visible to the public, landscaping shall be installed around the structure to soften its appearance. (Ord. 93-O-648, 9-7-93)

Wall-mounted utility meters and ground-supported transformers shall be painted to match the principal buildings they serve. If they are visible to the public, then the meters and transformers shall be screened by landscaping at least equal in height to the tallest meter or transformer. (Ord. 93-O-648, 9-7-93)

Whenever buildings or off-street parking spaces are used at night, lighting shall be provided as follows:

   A.   Uniformity: Lighting used along streets and rights of way and individual lots shall be uniform in design.

   B.   Level of Illumination: An average of one minimum to three (3) maximum foot candles of illumination shall be maintained everywhere within the parking lot.

   C.   Ratio Study: An applicant shall provide maximum to minimum and average to minimum uniformity ratios demonstrating that an even distribution of light will be provided everywhere within the parking lot.

   D.   Standards; Luminare Cutoffs: Light standards and luminaries shall be so designed and placed to:

      1.   Confine light to the property. Light spillage in excess of 0.5 foot candles beyond the property line shall be prohibited, except at entrances to and from commercial or office property.

      2.   Prevent glare visible from residential properties and street rights of way.

   E.   Security Lighting: Security lighting installed on commercial or office buildings shall be shielded to fully cover lamps and to cast light directly downward. (Ord. 93-O-648, 9-7-93)

All outdoor storage of materials shall be prohibited in the LC Limited Commercial District, except only that live plant materials may be visible from outside of the structure in which they are located. (Ord. 93-O-648, 9-7-93)