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Lake Bluff City Zoning Code

CHAPTER 6

BUSINESS DISTRICTS

10-6A-1: PERMITTED USES:

A.   Uses; Applicable Conditions: No building or lot shall be used within the Central Business District (CBD) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title.
B.   Conditions Specific To Certain Permitted Uses: The following permitted uses in the Central Business District (CBD) are subject to the following conditions:
The use of the first floor of any property or any combination of the first, second, and third floors of any property for residential purposes, including, without limitation, townhomes, apartments, and condominiums, in the CBD District is permitted only in CBD block one. (Ord. 2010-10, 5-24-2010)

10-6A-2: RESERVED:

(Ord. 2010-10, 5-24-2010)

10-6A-3: RESERVED:

(Ord. 2010-10, 5-24-2010)

10-6A-4: BUILDING HEIGHT:

A.   CBD General: Except as provided in subsection B of this section with regard to buildings and structures in CBD block one, no building or structure in the CBD shall exceed thirty feet (30') in height, nor shall any building or structure in the CBD exceed two (2) stories.
B.   CBD Block One: Notwithstanding the general height restriction set forth in subsection A of this section, no building or structure in CBD block one shall exceed thirty five feet (35') in height, nor shall any building or structure in CBD block one exceed three (3) stories. (Ord. 99-6, 3-8-1999)

10-6A-5: SETBACKS:

In lieu of specific front, rear, or side yard setbacks, the following building setbacks shall apply in the CBD:
A.   CBD Block One:
1.   Scranton Avenue: For any building on any lot in CBD block one with frontage on Scranton Avenue, no building setback along Scranton Avenue shall be required.
2.   Sheridan Road: Any building on any lot in CBD block one with frontage on Sheridan Road shall have a building setback from Sheridan Road of not less than fifteen feet (15').
3.   North Avenue: Any building on any lot in CBD block one with frontage on North Avenue shall have a building setback from North Avenue of not less than twenty feet (20').
4.   Walnut Avenue: For any building on any lot in CBD block one with frontage on Walnut Avenue, no building setback along Walnut Avenue shall be required.
5.   Lots Abutting Residential Lots:
a.   Any building on any lot in CBD block one that abuts the side lot line of a lot zoned in a residential district shall have a building setback from said side lot line of not less than fifteen feet (15').
b.   Any building on any lot in CBD block one that abuts the rear lot line of a lot zoned in a residential district shall have a setback from said rear lot line of not less than eighteen feet (18').
B.   CBD Block Two:
1.   Scranton Avenue: For any building on any lot in CBD block two with frontage on Scranton Avenue, no building setback along Scranton Avenue shall be required.
2.   Walnut Avenue: For any building on any lot in CBD block two with frontage on Walnut Avenue, no building setback along Walnut Avenue shall be required.
3.   Oak Avenue: For any building on any lot in CBD block two with frontage on Oak Avenue, no building setback along Oak Avenue shall be required.
4.   Lots Abutting North Avenue Lots: Any building on any lot in CBD block two that abuts the rear lot line of a lot that fronts on North Avenue shall have a building setback from said rear lot line of not less than eighteen feet (18').
C.   CBD Block Three:
1.   Scranton Avenue: Notwithstanding anything to the contrary in subsection E of this section, any building on any lot in CBD block three with a boundary along Scranton Avenue shall have a building setback from Scranton Avenue of not less than seven and one-half feet (7.5').
2.   Oak Avenue: Notwithstanding anything to the contrary in subsection E of this section, for any building on any lot in CBD block three with a boundary along Oak Avenue, no building setback along Oak Avenue shall be required.
3.   Lots Abutting Residential Lots:
a.   Any building on any lot in CBD block three that abuts the side lot line of a lot zoned in a residential district shall have a building setback from said side lot line of not less than ten feet (10').
b.   Any building on any lot in CBD block three that abuts the rear lot line of a lot zoned in a residential district shall have a building setback from said rear lot line of not less than eighteen feet (18').
D.   CBD Block Four:
1.   Scranton Avenue: For any building on any lot in CBD block four along Scranton Avenue, no building setback along Scranton Avenue shall be required.
2.   Center Avenue: For any building on any lot in CBD block four along Center Avenue, no building setback along Center Avenue shall be required.
3.   Oak Avenue: For any building on any lot in CBD block four along Oak Avenue, no building setback along Oak Avenue shall be required.
4.   Lots Abutting Center Avenue Lots: Any building on any lot in CBD block four that abuts the rear or side lot line of a lot that fronts on Center Avenue shall have a building setback from said rear or side lot line of not less than fifteen feet (15').
E.   CBD Adjoining Residential District:
1.   Any lot in the CBD that has a boundary line on the same street and has the same front line as an adjacent lot in the same block that is in a residence district shall conform to the setback requirements of the adjoining residence district; provided, however, that no building on such a lot in the CBD shall be required by this subsection to set back more than fifteen feet (15') from the street line.
2.   Where the rear of a corner lot in the CBD abuts the rear of a corner lot in a residence district, the side yard setback along the side street in the CBD shall conform to the side yard setback required along such street in the residence district; provided, however, that no building on such a lot in the CBD shall be required by this subsection to have a side yard setback of more than ten feet (10') along the side street. (Ord. 99-6, 3-8-1999; amd. Ord. 2017-8, 5-22-2017)

10-6A-6: LOT AREA, WIDTH AND COVERAGE:

No building or structure in the CBD shall hereafter be erected on any lot having a total area of less than six thousand two hundred fifty (6,250) square feet, nor a width of less than fifty feet (50'). The total coverage area of any building or structure in the CBD shall not exceed sixty percent (60%) of the total area of the lot on which such building or structure is located; provided, however, that whenever part of any building or structure is used for residential purposes, such building or structure shall only be constructed on a lot having at least one thousand (1,000) square feet of lot area per dwelling unit. (Ord. 99-6, 3-8-1999)

10-6A-7: ACCESSORY BUILDINGS PROHIBITED:

Accessory buildings are prohibited in the CBD. (Ord. 99-6, 3-8-1999)

10-6A-8: PARKING:

A.   Application:
1.   The existing number of off-street parking spaces on a property may not be reduced below the requirements of this Section. If the number of such existing off-street parking spaces is already less than required by this Section, it may not be further reduced.
2.   Existing off-street parking spaces that do not conform to the requirements of this Section may continue to be maintained and utilized as they are so long as they remain in conformance with the applicable off-street parking space regulations that were in effect at the time the parking spaces were constructed.
3.   Existing structures that do not currently provide the required number of off-street parking spaces due to a lack of sufficient space on the lot (“Qualifying Structures”) are not required to have any additional off-street parking spaces, provided that:
a.   An Owner that expands a Qualifying Structure must provide additional off-street parking spaces for the expanded floor area and/or dwelling units. The number of additional off-street parking spaces that shall be required shall be calculated in accordance with subsection D of this Section.
b.    As a condition upon the issuance of a certificate of occupancy for any new business or use within a Qualifying Structure, the owner must:
(1)   Prohibit their owners, managers, employees, and contractors from parking vehicles upon public streets or rights-of-way while on duty.
(2)    Purchase parking permit(s) for the Village train station lot in an adequate number for all of their owners, managers, employees, and contractors on duty at any given time.
(3)   The number of permits required by subsection (2) may be reduced by the number of off-street parking spaces with a posted parking restriction that is specific to the business or use.
B.   General Parking Regulations: Parking lots and spaces in the CBD shall be designed, constructed, and maintained in accordance with the standards and requirements provided in this subsection:
1.   Lighting: Any lighting used to illuminate on site parking or remote parking spaces shall be so arranged as to prevent direct glare of beams onto any adjacent public or private property or streets by the use of luminaire cutoffs. All lighting shall be reduced to security levels at all times of nonuse.
2.   Design:
a.   Access To Street:
(1)   Least Interference: All parking lots, areas, and garages shall be located and designed to provide access to adjacent streets with the least interference with pedestrian and through traffic movement.
(2)   Curb Cut And Driveway Width: All on site parking spaces and loading facilities shall open directly upon an aisle or driveway of such width and design to provide safe and efficient means of vehicular access to such parking space or loading facility. All on site parking spaces and loading facilities shall be designed with sufficient vehicular access to a street that will least interfere with traffic movement. No driveway across public property or curb cuts shall exceed a width of twenty six feet (26') without the prior written approval of the village engineer.
b.   Turnaround Area: Every parking lot or garage shall be provided with a turnaround area or other means to permit cars to exit the parking lot or garage without backing onto any street or sidewalk.
c.   Surface; Drainage; Markings: All parking spaces, lots, and garages shall be surfaced with a bituminous or Portland cement concrete pavement, cement paver bricks, or a similar hard surface approved by the village engineer, providing an all weather, durable, and dustless surface. All parking surfaces shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage system connected to a public storm sewer system. Individual stalls shall be clearly identified by painted markings four inches (4") in width.
d.   Car Stops: Wheel stops of masonry, steel, or heavy timber shall be placed near all interior parking lot lines to protect abutting property and also along street lines to prevent protrusion of vehicles into any right of way.
e.   Circulation Aisles:
(1)   Each parking space in a parking lot shall be accessed by a circulation aisle of a width, in feet and inches, as specified below:
 
Parking Angle
One-Way Aisle Width
Two-Way Aisle Width
Parallel
12'0"
24'0"
40°
12'6"
24'0"
60°
14'6"
24'0"
90°
22'6"
24'0"
 
(2)   The aisle width dimensions in subsection B2e(1) of this section may be reduced if the village engineer determines that such reduction will not adversely affect the safe and efficient use of such parking spaces and such parking lot.
f.   Tandem Spaces: No parking spaces shall be designed in "tandem" so that ingress to or egress from one space is blocked by a second space.
g.   Space Dimensions:
(1)   Each on site or remote parking space, excluding its associated circulation aisle, shall have the following minimum dimensions, in feet and inches:
 
Parking Angle
Stall Width
Stall Length
Stall Height
Parallel
8'0"
20'0"
6'8"
45°
9'0"
17'6"
6'8"
60°
9'0"
19'0"
6'8"
90°
9'0"
18'0"
6'8"
 
(2)   The stall width dimensions in subsection B2g(1) of this section shall be increased for required handicapped parking spaces to the width required under applicable state law. The said stall dimensions may be reduced if the village engineer determines that such reduction will not adversely affect the safe and efficient use of such parking spaces.
h.   Tree Planting Areas: Trees located within planting islands in paved areas shall have a minimum landscaped area of at least thirty six (36) square feet of surface area and be designed to permit adequate drainage.
i.   Maintenance: All tree planting areas, parking lots, garages, and parking areas shall be properly maintained at all times so as to be free of potholes, broken curbs, and other damaged or neglected features.
j.   Architectural Board Of Review (ABR) Approval: The arrangements, surfacing, screening, and illumination of any open parking lot shall be subject to the approval as part of the design approval process required by section 10-2C-6.
3.   Use: Except as otherwise set forth in this title, no space, parking lot, or garage shall be used for any purpose other than the temporary storage of motor vehicles related to the premises. The storage of merchandise and the sale or commercial repair of vehicles are prohibited.
4.   Screening: Notwithstanding any other provision of this title, every parking lot shall be buffered and screened by a perimeter landscaped open space having a width of at least five feet (5') and consisting of an opaque fence, wall, or a densely planted hedge. Such screening shall have a minimum height of at least three feet (3'). No fence or wall shall exceed six feet (6') in height.
C.   Location Of Required Spaces:
1.   General Rule: Except as provided in subsection C2 of this section, parking spaces required by this section shall be located on the same zoning lot on which the use to be served is located; provided, however, that no such on site parking spaces shall be located in the front yard of the zoning lot on which the use to be served is located; and provided further, that no such on site parking spaces shall be located within fifteen feet (15') of the Sheridan Road right of way.
2.   Remote Parking: When proposed: a) in lieu of otherwise applicable on site parking requirements; b) to eliminate a parking deficiency; c) when required because of an increase in intensity of use; or d) when required because of the issuance of a special use permit or variation, parking spaces may be located on a lot other than on the lot on which the use to be served is located ("remote parking spaces") pursuant to the prior written approval of the village administrator; provided, however, that no such remote parking spaces shall be located on any lot zoned in a residential district. Any such remote parking spaces shall be subject to the following conditions and restrictions:
a.   Availability: Except as otherwise provided in subsection C2c of this section, the applicant requesting approval of remote parking spaces shall establish that sufficient remote parking spaces at a public or private location capable of satisfying the otherwise applicable requirements of this section are available at the time of application, or will be available in a period of time satisfactory to the village administrator.
b.   Private Parking Lot; Covenant: If the site for remote parking spaces is on private property, such location shall be under the ownership or control of the individual or entity that owns or controls the lot on which the use to be served is located. Any such private property shall be covenanted in a document recorded in the office of the county recorder of deeds to remain as parking for so long as said remote parking spaces are required to meet the standards of this article.
c.   Public Parking Facilities: If the site for remote parking spaces is not on private property, any approval for such remote parking spaces shall be conditioned on the applicant, or the owner of the lot on which the use to be served is located, either: 1) paying the village a fee in lieu of such remote parking space requested and approved as described in subsection C2c(1) of this section; or 2) purchasing an annual parking permit for the village train station lot in lieu of such remote parking space as described in subsection C2c(2) of this section.
(1)   Fee: In lieu of providing remote parking spaces on private property, the applicant or owner may pay to the village a fee, as follows:
(A)   Time Of Payment: Such fee shall be paid prior to the issuance of a building permit for the construction or other work contemplated on the lot on which the use to be served is located or at the time of the building commissioner's approval, whichever is later.
(B)   Amount Of Payment: The fee required pursuant to this subsection C2c(1) shall be in the amount of twelve thousand eight hundred dollars ($12,800.00) per remote parking space.
(C)   Use Of Fee: All fees collected by the village pursuant to this subsection shall be placed into a village parking fund and shall be used only for capital improvements to the parking facilities in and around the CBD as directed by the board of trustees. For purposes of this subsection C2c(1), "capital improvements" shall include, without limitation, the acquisition of property and the design, construction, reconstruction, modification, or other improvements of new or existing parking facilities.
(2)   Parking Permit: In lieu of providing remote parking spaces on private property, the applicant or owner may purchase from the village a parking permit for the village train station lot. The fee shall be paid to the village on an annual basis for so long as the remote parking space is required to meet the standards of this article. The parking permit fee shall be as set out in section 1-12-3 of this code, under the category "permit fees", for each remote parking space.
d.   Residential Parking: Remote parking spaces shall not be allowed to be substituted for the on site parking required for residential uses pursuant to subsection D1d of this section.
e.   Distance: All remote parking spaces provided on private property shall be located within five hundred feet (500') of the zoning lot on which the use to be served is located.
D.   Required Spaces:
1.   General Requirements: For the following uses, the following minimum number of on site parking spaces shall be provided:
a.   Retail Trade: One space for every three hundred fifty (350) square feet of gross floor area used for any use permitted as of right pursuant to section 10-6A-1 of this article or as a special use pursuant to section 10-6A-1 of this article; provided, however, that for retail uses located on the first floor, one space for every five hundred (500) square feet of gross floor area shall be provided.
b.   Services: One space for every three hundred fifty (350) square feet of gross floor area used for any use permitted as of right pursuant to section 10-6A-1 of this article or as a special use pursuant to section 10-6A-1 of this article; provided, however, that for an auto service/gas station/auto repair special use pursuant to section 10-6A-1 of this article, drive-in or drive- through facilities, an additional two (2) spaces shall be provided for each island of pumps and for each service stall, and an additional one space shall be provided for every two (2) employees; and provided further, that for service uses located on the first floor, one space for every five hundred (500) square feet of gross floor area shall be provided.
c.   Finance, Insurance, Office And Real Estate: One space for every three hundred fifty (350) square feet of gross floor area used for any use permitted as of right pursuant to section 10-6A-1 of this article or as a special use pursuant to section 10-6A-1 of this article; provided, however, for finance, insurance, office, and real estate uses located on a floor other than the first floor, one space for every five hundred feet (500') of gross floor area shall be required.
d.   Residential: One and one-half (1.5) spaces for each dwelling unit used pursuant to section 10-6A-1 of this article; provided, however, for dwelling units located on a floor other than the first floor, one space for each dwelling unit shall be required.
2.   Fractional Spaces: When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction shall require one additional parking space. (Ord. 99-6, 3-8-1999; amd. Ord. 2004-28, 10-25-2004; 2009 Code; Ord. 2022-28, 10-10-2022; Ord. 2022-38, 12-12-2022)

10-6A-9: STORAGE AND LOADING:

A.   Outdoor Storage Prohibited: Outdoor storage of any equipment, materials, products, goods, or parts of any nature is prohibited.
B.   Loading Areas: All loading areas, and the entrances and exits thereto, shall be located in the rear of the lot. All loading areas, and the entrances and exits thereto, shall be located on the same lot served by such loading areas, entrances, and exits. No loading area shall be located on any public street. (Ord. 99-6, 3-8-1999)

10-6A-10: RESERVED:

(Repealed by Ord. 2022-38)

10-6A-11: DESIGN STANDARDS AND GUIDELINES:

A.   Purpose: Due to its modest scale, the CBD exhibits an intimacy within the village that is unique among suburban business districts. This extraordinary feature should not be sacrificed as part of revitalization, redevelopment, or remodeling involving new construction or exterior modifications. Rather, the maintenance of this intimacy is the key purpose and goal underlying the design guidelines set forth in subsection B of this section.
B.   Design Guidelines: The following design guidelines are for use in reviewing site design, building architecture, and related streetscape construction within the CBD. These guidelines are designed to encourage reinvestment and creativity consistent with the scale and style of the CBD. The guidelines are intended to provide direction to the private developers as well as to the Architectural Board of Review, PCZBA, and the Village Board of Trustees whenever reviewing new construction or exterior remodeling in the CBD.
1.   Generally: The design concept for the CBD is an early twentieth century small town district focused on a "main street", a village green, and a commuter railroad station. Existing buildings and other key physical features of architectural or historic merit should be preserved to the extent feasible and should be the standard against which all new development and exterior modifications are measured. It is essential that the CBD exhibit a pedestrian friendly ambiance throughout.
2.   Organization And Design: The organization and design of the major elements of the buildings and structures in the CBD should reflect the characteristic rhythm and scale of adjacent and surrounding buildings and structures in order to create a pleasing, composite appearance for the entire CBD.
3.   Elevations: All building elevations visible from other private property or from a public street or open space should be designed in harmony with such other property, streets, and open space.
4.   Architectural Style: A variety of alternative, yet compatible, architectural styles is acceptable. However, new commercial buildings should be consistent with established styles.
5.   Style And Design: The style and design of new construction and renovations should be influenced by the principles set forth in Illinois preservation series publication 19, "Storefronts On Main Street: An Architectural History", a copy of which is on file with the village clerk.
6.   Residential Coordination: The CBD blocks should be designed and maintained as coordinated, mixed use units linked visually to neighboring CBD blocks.
7.   Sidewalks: All CBD blocks should have sidewalks on all four (4) sides.
8.   Vehicular Access: Vehicular access to parking and service areas within the CBD should be provided at a limited number of locations.
9.   Parking: Parking should be integrated into CBD development in a manner that will minimize visibility from public streets, unless appropriately screened from public view from adjacent properties with such landscaping, fencing, or other means as shall comply with the regulations of this article and that shall be approved as part of the design review process required by section 10-2C-6. (Ord. 99-6, 3-8-1999; amd. Ord. 2012-10, 4-9-2012, eff. 5-1-2012; Ord. 2022-38, 12-12-2022)

10-6A-12: REFUSE CONTAINERS1:

A.   Screening Required: All refuse containers shall be fully enclosed by an opaque fence, wall, or densely planted evergreen hedge of a height sufficient to screen such containers from view from adjoining properties and public or private streets.
B.   Location: No refuse container shall be located in any required front or rear yards. (Ord. 99-6, 3-8-1999)

10-6A-13: HOURS OF OPERATION FOR FOOD AND BEVERAGE USES:

Except as may be specifically provided otherwise by ordinance or resolution, a food or beverage use (including, without limitation, "eating places without drive-in or drive-through facilities," "drinking places accessory to permitted eating places," and "breweries and brewpubs") within the Central Business District may be open to the public for on-premises, carry-out, or delivery service during the following hours:
 
TABLE 10-6A-13 CBD FOOD AND BEVERAGE HOURS OF OPERATION
All operations
Operations in outdoor service areas
Weekdays (Sun - Thu)
6:00 a.m. - 11:00 p.m.
6:00 a.m. - 11:00 p.m.
Weekends (Fri & Sat)
6:00 a.m. - midnight
6:00 a.m. - midnight
Annual Holidays.
   July 3
6:00 a.m. - midnight
6:00 a.m. - midnight
   Fourth Wednesday in November (day before Thanksgiving)
6:00 a.m. - midnight
6:00 a.m. - midnight
   New Year's Eve
6:00 a.m. - 1:00 a.m. on January 1
6:00 a.m. - midnight
 
(Ord. 2023-1, 1-10-2023)

10-6B-1: PURPOSE:

The intent of this article is to permit certain administrative and research organizations, which do not in any way detract from residential desirability, to locate adjacent to certain residential districts. The limitations as to height, ground coverage, and offensive characteristics are imposed to protect and foster residential desirability of the community. (Ord. 87-38, 12-14-1987)

10-6B-2: PERMITTED USES; CONDITIONS:

A.   Uses Permitted: No building or lot shall be used within the office and research district (O&R) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title.
B.   Restrictions: The operations and activities of such uses shall be conducted wholly inside a building or buildings, and no use shall emit odors, gas, dust, smoke or lighting effects to an extent offensive or objectionable to any surrounding or nearby properties. No merchandise shall be handled for sale or merchandise services rendered on the premises except such as are incidental or accessory to the principal, permissible use of the premises. No portion of any lot shall be used for open or unenclosed storage. (Ord. 2010-10, 5-24-2010)

10-6B-3: BUILDING HEIGHT:

No building shall be erected or enlarged, the vertical side walls of which shall exceed twenty five feet (25') in height; provided however, penthouse or roof structures for the housing of elevators and walls of a gable roof, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, flagpoles, chimneys, smokestacks, radio and television aerials or antennas, wireless masts, or similar structures may be erected, notwithstanding the provisions of this title, above the height limits herein prescribed; provided, that such height additions shall not exceed fifteen feet (15') over the height limit herein provided when erected in accordance with all other ordinances of the village; and provided further, that all ventilating fans, tanks, heating equipment, cooling towers and similar equipment shall be screened from view with screening as approved by the architectural board of review. (Ord. 87-38, 12-14-1987)

10-6B-4: LOT AREA, WIDTH AND INTENSITY OF USE:

No building shall hereafter be erected on any lot having a total area of less than three (3) acres (130,680 square feet), nor less than two hundred feet (200') in width. The maximum ground area occupied by all buildings shall be not more than forty percent (40%) of the area of the lot or tract on which a building permit has been issued. (Ord. 87-38, 12-14-1987)

10-6B-5: YARDS:

A.   Front Yard: There shall be a front yard depth of not less than one hundred feet (100') from the nearest right of way line of the road or street upon which the property fronts, wherein there shall be no structure of any kind or the parking of automobiles.
B.   Side Yards: There shall be a minimum side yard of not less than thirty five feet (35') on each side of the building or buildings, but where the property is adjacent to a residential district, there shall be a side yard of not less than fifty feet (50') on the side nearest to the residential lots. The parking of private automobiles may be permitted within the side yard areas, but no parking space or access driveway shall be closer than fifteen feet (15') to any lot zoned for residential use.
C.   Rear Yard: There shall be a minimum rear yard of not less than thirty five feet (35'), and there shall be no parking of automobiles or access driveway within fifteen feet (15') closest to any lot zoned for residential use. (Ord. 87-38, 12-14-1987)

10-6B-6: PARKING:

The parking regulations shall be identical to those contained in the light industry district, being subsection 10-7A-6B of this title; with the exception, that whenever any building is erected for any of the uses permitted in this district, the number of parking spaces to be provided on the lot or in the building shall be one car for each two (2) employees, based on the greatest number of employees at work at one time, as well as the trucks or other vehicles owned or in the custody of the owner. (Ord. 87-38, 12-14-1987)

10-6C-1: PURPOSE:

The objective of this article is to provide adequate space in suitable locations of the Village for commercial land uses involved in automotive and vehicular sales, services and related activities so as to protect and strengthen the economic base of the Village as well as the value of real estate throughout the Village. The automotive park district provides for the establishment and continuance of automotive and vehicular sales, service and related activities on sites of such size as to be compatible with the general nature of the activities present. All land uses in this district shall be creatively planned and developed in accordance with flexible and specially designed zoning and subdivision standards. No building shall be constructed in this district on any tract of land, regardless of its area, unless and until the tract is included in a subdivision approved pursuant to the Village subdivision ordinance. (Ord. 96-27, 9-24-1996; amd. Ord. 2022-38, 12-12-2022)

10-6C-2: SPECIAL DEFINITIONS:

For purposes of this article, the following terms shall have the meanings ascribed to them in this section:
DEVELOPMENT PARCEL: A parcel of land designated, at the time of filing for design review approval pursuant to section 10-2C-6, for the construction of a new, or renovation or use of an existing, building or structure within which a permitted use in the automotive park district is, or is intended to be, located and operated.
LOT OF RECORD: A lot that is part of a subdivision, the plat of which has been recorded in the office of the county recorder of deeds, or a parcel of land separately described in a recorded instrument.
NEW TRANSPORTATION DEALERSHIP FRANCHISES: Establishments engaged in the retail sale of any or all of the following new transportation vehicles:
   Aircraft.
   Automobiles.
   Boats and personal watercraft.
   Motorcycles.
   Recreational vehicles.
   Snowmobiles.
   Trucks and vans (franchised and nonfranchised).
TRANSPORTATION VEHICLE SUPPLIES AND SERVICES ESTABLISHMENTS: Establishments engaged in the retail sale of transportation vehicle supplies, the provision of transportation vehicle service, and/or the sale and installation of transportation vehicle parts, but only as specifically listed below:
   Automotive, aircraft and marine accessory stores.
   Automotive, aircraft, and marine detail shops.
   Automotive, aircraft and marine upholstery shops.
   Vehicle body shops.
   Vehicle muffler shops.
   Vehicle oil change facilities.
   Vehicle painting facilities.
   Vehicle radio/stereo, cellular telephone and communications stores.
   Vehicle service and repair centers.
   Vehicle service stations, including fuel and minimart services.
   Vehicle tire, battery, accessory stores.
   Vehicle washing facilities.
USED TRANSPORTATION VEHICLE DEALERSHIPS: Establishments engaged in the retail sale of any or all of the following used transportation vehicles, provided, however, that such establishments must be accessory to, and located on the same zoning lot as, a permitted new transportation vehicle dealership franchise:
   Aircraft.
   Automobiles.
   Boats and personal watercraft.
   Motorcycles.
   Recreational vehicles.
   Snowmobiles.
   Trucks and vans (franchised and nonfranchised).
ZONING LOT: A tract of land consisting of one or more contiguous lots of record, under single ownership or control at the time of filing for design review approval pursuant to section 10-2C-20, and designated as a "zoning lot" by the applicant at the time of such filing. The sale of individual lots of record underlying a building following issuance of a certificate of occupancy for such building shall not prevent treatment of the tract of land underlying such building as part of the original zoning lot. (Ord. 96-27, 9-24-1996; amd. Ord. 2010-10, 5-24-2010; Ord. 2022-38, 12-12-2022)

10-6C-3: SIZE OF DISTRICT:

The minimum land area that may be designated as automotive park district shall be seven (7) acres. (Ord. 96-27, 9-24-1996)

10-6C-4: PERMITTED USES:

No building or lot shall be used within the automotive park district (AP-1) for any purpose except those permitted and special uses identified in the zoning use table at section 10-13-3 of this title. (Ord. 2010-10, 5-24-2010)

10-6C-5: ACCESSORY USES:

Accessory uses, as defined in and subject to the conditions in section 10-1-2 of this title, shall be allowed in the automotive park district. The following is a nonexhaustive list of accessory uses allowed in the automotive park district, subject to the limitations and restrictions noted:
   Automobile museum areas; provided, that the museum area: a) must be accessory to a permitted new transportation dealership franchise; and b) must not be the sole and exclusive use in a detached, stand alone, building or structure.
   Automobile rental and/or leasing services; provided, that such services are accessory to a permitted transportation dealership franchise. Such services may be located in a detached structure or wholly within a permitted new transportation dealership franchise building or structure.
   Financial, insurance and loan services; provided, that such services are accessory to a permitted transportation dealership franchise. Such services may be located in a detached structure or wholly within a permitted new transportation dealership franchise building or structure.
   Off street parking areas, as regulated by section 10-6C-14 of this article.
   Offices accessory to a permitted transportation dealership franchise. Such offices may be located in a detached structure or wholly within a permitted new transportation dealership franchise building or structure.
   Outdoor display pads, as regulated by subsection 10-6C-12C of this article.
   Restaurants; provided, that the restaurant: a) must be accessory to a permitted new transportation dealership franchise; and b) must not be the sole and exclusive use in a detached, stand alone building or structure.
   Signs, as regulated by subsection 10-10-14C of this title. (Ord. 96-27, 9-24-1996)

10-6C-6: RESERVED:

(Ord. 2010-10, 5-24-2010)

10-6C-7: RESERVED:

(Ord. 2010-10, 5-24-2010)

10-6C-8: MULTIPLE BUILDINGS PER LOT:

More than one principal building may be constructed on a single zoning lot in the automotive park district. (Ord. 96-27, 9-24-1996; amd. Ord. 2022-38, 12-12-2022)

10-6C-9: BUILDING HEIGHT:

No building or structure shall be erected or structurally altered to exceed a height of three (3) stories or thirty four feet (34'), whichever is less; provided however, penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, chimneys, smokestacks, radio and television aerials or antennas, wireless masts, or similar structures may be erected, notwithstanding the provisions of this section, above the height limits herein prescribed; provided, however, that such height additions shall not exceed ten feet (10') above the height limit herein provided when erected in accordance with all other ordinances of the village; and provided further, that all ventilating fans, tanks, heating equipment, cooling towers and similar equipment shall be screened from view with screening designed so as to be in harmony and blend with the architecture of the building. (Ord. 96-27, 9-24-1996)

10-6C-10: LOT AREA, WIDTH AND COVERAGE:

No building or structure shall be erected in the automotive park district on a development parcel consisting of less than one and one-half (1.5) acres (65,340 square feet), nor less than one hundred fifty feet (150') in width. The maximum ground area occupied by all buildings including accessory buildings and enclosed storage areas (excluding areas utilized for outdoor display of vehicles for sale) shall be not more than fifty percent (50%) of the area of the development parcel on which a building permit has been issued. (Ord. 96-27, 9-24-1996)

10-6C-11: YARDS AND SETBACKS:

A.   Zoning Lots:
1.   Front And Corner Side Yards: Each zoning lot shall have a front yard and, if applicable, a corner side yard consisting of at least fifty feet (50').
2.   Front And Corner Side Setbacks: All buildings shall be set back at least seventy five feet (75') from the front lot line and, if applicable, the corner side lot line of a zoning lot.
3.   Side Yard: Each zoning lot shall have a side yard of at least thirty feet (30'); however, the minimum size of a side yard that abuts a residential district shall be fifty feet (50').
4.   Side Setback: All buildings shall be set back at least thirty feet (30') from the side lot line of a zoning lot; however, the minimum size of a building setback from a side lot line that abuts a residential district shall be fifty feet (50').
5.   Rear Yard: Each zoning lot shall have a rear yard of at least thirty feet (30'); however, the minimum size of a rear yard that abuts a residential district shall be fifty feet (50').
6.   Rear Setback: All buildings shall be set back at least thirty feet (30') from the rear lot line of a zoning lot; however, the minimum size of a building setback from a rear lot line that abuts a residential district shall be fifty feet (50').
B.   Development Parcels:
1.   Front Yard: Each development parcel abutting a right of way (public or private) shall have a front yard consisting of at least twenty five feet (25').
2.   Setback From Rights Of Way: All buildings shall be set back at least twenty five feet (25') from a right of way line (public or private) abutting a development parcel. Such setback may overlap or be conterminous with, and not in addition to, the zoning lot setback required pursuant to subsection A of this section.
3.   Side And Rear Yards: No side or rear yard shall be required for development parcels.
4.   Side And Rear Setbacks: Each development parcel shall maintain a rear building setback of at least thirty feet (30') and at least one side building setback of at least thirty feet (30'). Such setbacks may overlap or be conterminous with, and not in addition to, the zoning lot setback required pursuant to subsection A of this section.
C.   Specified Structures And Uses In Required Yards And Setbacks:
1.   General Landscaping Requirement For Yards: Except as expressly authorized pursuant to subsection C2 of this section, all yards required pursuant to this section shall consist of open space with landscaping approved by the Village as part of the design approval process pursuant to section 10-2C-6.
2.   Permitted Obstructions In Yards And Setbacks: No obstructions shall be placed or erected in any yard or setback except as expressly provided below:
a.   Awnings and canopies, projecting not more than two feet (2') into a required yard.
b.   Fences, walls and hedges, utilized for decorative purposes in conformance with an approved landscape plan.
c.   Signage, in conformance with subsection 10-10-14C of this title.
d.   Plant materials, in conformance with an approved landscape plan.
e.   Outdoor display pads, but not within the first twenty five feet (25') of the front or corner side yard of a zoning lot, and in conformance with subsection 10-6C-12C of this article.
f.   Outdoor vehicle display areas (other than outdoor display pads), but not within the front or corner side yard of a zoning lot and not within the rear twenty feet (20') of the rear yard of a zoning lot.
g.   Vehicle parking, but not within the front or corner side yard of a zoning lot and not within the rear twenty feet (20') of the rear yard of a zoning lot. Vehicle parking in yards shall be subject to design approval pursuant to section 10-2C-20.
h.   Access roads running parallel to the lot line, but not within the front yard of a development parcel or within the first twenty five feet (25') of the front or corner side yard of a zoning lot, and only as depicted on an approved design.
i.   Access roads running perpendicular to the lot line, but only as depicted on an approved design. (Ord. 96-27, 9-24-1996; amd. Ord. 2022-38, 12-12-2022)

10-6C-12: OUTDOOR ACTIVITY RESTRICTIONS:

A.   Location Of Outdoor Vehicle Display Areas: Outdoor display or sales areas shall not be located: 1) within the front or corner side yard of a zoning lot; 2) within the rear twenty feet (20') of the rear yard of a zoning lot; or 3) within twenty five feet (25') of any public or private right of way.
B.   Landscaping And Screening Of Outdoor Display Areas: All outdoor display and sales areas, when abutting a residential district, shall be suitably landscaped and screened from the residential area.
C.   Outdoor Display Pads: Outdoor display pads shall not exceed twenty feet (20') in diameter and shall consist of cement pads illuminated by metal halide footlights. The pads shall be used for turntables to display new and used transportation vehicles. No more than three (3) display pads for every one permitted new transportation vehicle dealership franchise shall be allowed on any one zoning lot. Display pads may be located in a required yard, but not within the first twenty five feet (25') of the front or corner side yard of a zoning lot. The placement and spacing of display pads shall be determined as part of the design approval process pursuant to section 10-2C-6.
D.   Outdoor Storage: No equipment, material, stock, or parts shall be stored or maintained outside of an enclosed structure; provided, however, that repair and service vehicles may be parked in an appropriate designated outdoor parking area for which screening has been approved as part of the design approval process pursuant to section 10-2C-6.
E.   Repairs: All repairs and work of any kind on any vehicle shall be conducted entirely within an enclosed building or structure. Charging or changing of batteries for vehicles stored outdoors or other minimal repair work to start a vehicle stored outdoors shall not be deemed repair work.
F.   Damaged Vehicles: All damaged or wrecked vehicles, not in an enclosed building or structure, shall be parked in an area for which screening has been approved as part of the design approval process pursuant to section 10-2C-6. (Ord. 96-27, 9-24-1996; amd. Ord. 2022-38, 12-12-2022)

10-6C-13: LOADING ON PUBLIC OR PRIVATE WAYS PROHIBITED:

No loading or unloading of vehicles shall take place on any public or private right of way. (Ord. 96-27, 9-24-1996)

10-6C-14: OFF STREET PARKING AND LOADING FACILITIES:

A.   General Requirements: Off street parking and off street loading facilities shall be provided in accordance with this article for all buildings and structures erected and all uses of land established in the automotive park district. Whenever the existing use of a building or structure shall be changed to a new use, or whenever the intensity of use of any existing building, structure or premises shall be increased through the addition of gross floor area or seating capacity, or whenever any existing building is converted, reconstructed or structurally altered for any of the purposes permitted in this article, off street parking and off street loading facilities shall be provided in accordance with this article to the same extent and as if said building or structure were newly constructed.
B.   New And Used Transportation Vehicle Dealerships:
1.   A vehicle parking plan for any permitted dealership franchise or establishment listed in subsections 10-6C-4A and B of this article shall be submitted for review and approval by the Village as part of the design approval process pursuant to section 10-2C-6. The vehicle parking plan shall show areas designed for:
a.   Customer parking for sales;
b.   Customer parking and stacking for service of vehicles;
c.   Vehicle display areas;
d.   Vehicle storage of new vehicles;
e.   Storage of trade-in vehicles;
f.   Storage of damaged and/or wrecked vehicles; and
g.   Employee parking.
2.   One customer parking space per five hundred (500) square feet of indoor sales floor area; one customer parking space per ten thousand (10,000) square feet of outdoor sales area; and one parking space per two (2) employees shall be provided. The minimum size of customer parking stalls shall be ten feet by nineteen and one-half feet (10' x 191/2'). In addition, a minimum of one hundred (100) square feet of area shall be provided for each parking stall for maneuvering and access areas.
C.   Retail Supply And Service Uses:
1.   A vehicle parking plan for all retail supply and service uses not accessory to a permitted use shall be submitted for review and approval by the Village as part of the design approval process pursuant to section 10-2C-20.
2.   Off street parking shall be provided in the ratio of not less than:
 
Type Of Use
Number Of Spaces Required
Automobile service stations
2 for each island of pumps and each service stall, plus 1 for each 2 employees
Automobile washing facilities
Stacking spaces equal in number to 5 times the maximum capacity of the automobile washing facility for each wash rack, plus 1 space for each 2 employees. "Maximum capacity", in this instance, shall mean the greatest number of automobiles undergoing some phase of washing at the same time
Commercial and/or retail uses
1 for each 200 square feet of gross floor area in the building which is used for business purposes
 
D.   Accessory Uses: Off street parking for accessory uses shall be provided in the ratio of not less than:
 
Type Of Use
Number Of Spaces Required
Office uses
1 for each 300 square feet of gross floor area in the building which is used for office purposes
Restaurants
1 for each 100 square feet of gross floor area in the building which is used for restaurant purposes
Warehouse and storage uses
1 for each 600 square feet of gross floor area in the building which is used for warehouse or storage purposes
 
(Ord. 96-27, 9-24-1996; amd. 2009 Code)

10-6C-15: SIGNAGE:

Except as expressly provided in this article, all signage shall be in strict conformance with the signage regulations set forth in subsection 10-10-14C of this title. (Ord. 96-27, 9-24-1996)

10-6C-16: PERFORMANCE STANDARDS:

Performance standards shall be the same as provided in the light industry district (L-1) regulations. (Ord. 96-27, 9-24-1996)