Lake Forest City Zoning Code

OFFICE AND

BUSINESS DISTRICTS

§ 159.105 GENERAL REQUIREMENTS.

(A) Permitted uses.

(1) Permitted uses of land or buildings, as herein listed, shall be permitted in the districts indicated under the conditions specified. No buildings or land shall be devoted to any use other than a use permitted in the zoning district in which such building or land is located, with the exception of the following:

(a) Uses lawfully established on the effective date of this chapter or any amendment hereto; and

(b) Special uses allowed in accordance with the provisions of division (B) below.

(2) Uses already established on the effective date of this chapter or any amendment hereto, and rendered nonconforming by the provisions hereof, shall be subject to the regulations of §§ 159.025 through 159.027.

(B) Special uses. Special uses may be allowed in the district as provided in § 159.045.

(D) Yard requirements.

(1) Yard requirements shall be as set forth under each zoning district in this subchapter for all buildings, structures and uses, except as provided §§ 159.003 through 159.015.

(2) If the property on a street frontage between intersecting streets is zoned partially residence, or general residence and partially business, the front yard requirement of the residence or general residence district shall be applied to the entire street frontage.

(3) Fuel pumps with a height of not over six feet shall be exempt from the established front yard or corner side yard requirements, but all such dispensing devices shall be set back from the front lot line and the corner side lot line a distance of not less than 15 feet.

(4) All accessory buildings when attached to principal buildings shall comply with the yard requirements of the principal building.

(E) Height requirements. The requirements established under each zoning district in this subchapter shall determine the maximum building height allowable within each district.

(F) Signs. Signs regulated as provided in Chapter 153 of the city code.

(G) Off-street parking. Off-street parking, accessory to uses allowed in the office, neighborhood business and community business districts, shall be provided as required in §§ 159.130 through 159.139.

(H) Inclusionary housing. In addition to the requirements of this section and the respective district requirements, certain developments shall be subject to the inclusionary housing requirements of Chapter 158 of the city code, which requirements shall be satisfied in addition the provisions of this chapter.

(Prior Code, § 46-48) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 2005-45, passed 12-5-2005)

§ 159.106 O-1 OFFICE DISTRICT.

(A) Purpose. The O-1 District is designed to accommodate offices, institutional buildings and multiple-family structures in a mutually advantageous setting.

(B) Permitted uses. The following uses are permitted in the O-1 Office District:

(1) Offices, business, professional and governmental, permitted only on ground floor, but not including offices used for other display, sale, lease, delivery, processing, storage, manufacturing, servicing or advertising of merchandise, commodities or other chattels;

(2) Clubs and lodges, private;

(3) Multiple-family dwelling units at ground level or above ground floor office uses;

(4) Funeral homes and mortuaries;

(5) Institutions, as follows, including all uses, structures and facilities customarily incidental to their operation:

(a) Colleges and universities;

(b) Elementary and high schools;

(d) Day, nursery and other schools for the care and instruction of children;

(e) Churches, chapels, temples and synagogues, including rectories, parsonages and parish houses;

(f) Hospitals and related health care facilities;

(g) Nursing homes;

(h) Libraries, art galleries and museums;

(i) Philanthropic and charitable institutions, but not including businesses sponsored by such institutions, except such as are accessory or incidental to and located in the same building as such institution proper; and

(j) Single-family dwellings.

(6) Accessory uses.

(D) Lot size requirements.

(1) No lot in an O-1 Office District shall contain an area less than 6,250 square feet or have a width at the building line less than 50 feet.

(2) The setback, parking requirements and lot coverage (per division (D)(3) below) must be met for all proposed dwelling units. There shall be no minimum lot area per dwelling unit requirement in this district.

(3) If a lot or tract has less area or width than herein required and was of record at the time of the effective date of this chapter, that lot may be used for any purpose permitted in the O-1 Office District.

(E) Yard requirements.

(1) Front yard. There shall be a front yard having a depth of not less than 25 feet.

(2) Side yard.

(a) There shall be two side yards, one on each side of the building, neither of which shall have a width of less than five feet.

(b) On a corner lot there shall be a front yard on each street side of such lot.

(3) Rear yard. There shall be a rear yard having a depth of not less than 35 feet.

(F) Height requirements. The maximum height of all principal buildings and structures shall not exceed 35 feet and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(Prior Code, § 46-49) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 93-4, passed 4-5-1993)

§ 159.107 OR OFFICE RESEARCH DISTRICT.

(A) Purpose. The OR Office Research District is designed to allow for the establishment of corporate headquarters and research laboratories and facilities in a spacious setting containing large amounts of open space, which constitutes an appropriate entryway to the city from the west.

(B) Conditions of use. Uses allowed in the OR Office Research District are subject to the following conditions:

(1) All business, servicing, processing and storage shall be conducted within, and all equipment shall be located in, completely enclosed buildings;

(2) No manufacturing or assembly shall be permitted, except as is incidental to or accessory to the principal use of the premises;

(3) No merchandise shall be displayed or handled on the premises, except such as is incidental or accessory to the principal use of the premises; and

(4) No use established in the OR District shall produce any noise, vibrations, smoke dust, odor or other similar noxious environmental impacts which can be measured outside of any building.

(1) Corporate headquarters;

(2) Offices: business, professional and governmental;

(3) Medical laboratories and scientific research laboratories, including, but not limited to, pure research, product development and research manufacturing facilities; provided, however, that no such laboratories shall be utilized for animal research or experimentation nor shall any use of such laboratories result in offensive noises or odors, hazardous conditions or other similar noxious environmental impact;

(4) Accessory uses incidental to and located within an office structure, and primarily for service to and use of the employees of the office development as follows:

(a) Banks and other financial institutions, not including drive-up facilities;

(b) Retail sales for the convenience of the occupants of the development such as newsstands, tobacconists, drugstores and barber shops;

(d) Private clubs, employee cafeterias and standard restaurant facilities;

(e) Such accessory uses shall be subject to the following limitations:

1. Such establishments shall not have an outdoor entrance or outdoor sign;

2. Not more than 10% of the total gross floor area of any individual building may be devoted to such uses as set forth in division (C)(4)(b) above; and

3. Not more than 25% of the total gross floor area of any individual building may be devoted to such uses.

(5) Accessory buildings.

(D) Special uses. Special uses may be allowed in the OR Office Research District as provided in § 159.045.

(E) Lot size, coverage and open space requirements.

(1) Minimum lot size. Each lot shall contain not less than ten acres.

(2) Maximum coverage by structures. The sum total of the ground area covered by all structures shall not exceed 25% of the zoning lot.

(3) Minimum open space. The sum total of the ground area continuously maintained unobstructed by buildings or other structures of off-street parking and loading and appropriately landscaped as permanent open space shall not be less than 25% of the zoning lot. Walkways and bicycle paths shall be counted as open space, even if covered with impervious surfaces.

(F) Floor area ratio. The maximum gross square footage of building area permitted on the site shall not exceed a floor area ratio of 0.25.

(G) Yard requirements. No principal or accessory building shall be located closer to a property line than as follows:

(1) Front yard. One hundred feet, except 150 feet along Illinois Route 60;

(2) Corner side yard. One hundred feet;

(3) Interior side yard. Forty feet;

(4) Rear yard. Twenty-five feet; and

(5) Transitional yards adjacent to residential districts. One hundred fifty feet. In addition, parking shall not be permitted within 25 feet of a residential district and there shall be dense, year-round landscaping of that 25-foot space.

(H) Height requirements. The maximum height of any building shall not exceed 45 feet. Mechanical equipment or other utility components may be located on the roof of a building above such height but shall be screened from public view with materials harmonious with the building in order to minimize the appearance of any such mechanical equipment or other utility components, or they shall be located so as not to be visible form any public street, residential area or right-of-way.

(I) Number of buildings on a zoning lot. The principal buildings are allowed on a zoning lot, except that there shall be not less than 50 feet between principal buildings, unless buildings are connected by pedestrian bridges.

(J) Parking and loading requirements. Required off-street parking and loading spaces shall be provided in accordance with the provisions of §§ 159.130 through 159.139. In addition, no off-street parking lot shall be located within 15 feet of a side or rear lot line (25 feet adjacent to a residential district lot line) and no parking structure shall be located in any portion of any required yard.

(1) Land banking of required parking accessory to office uses. Notwithstanding any other provision of this chapter, the total number of off-street parking spaces required to be paved pursuant to § 159.136 for office and research uses in the OR District may be reduced by up to 20%, subject to acceptance of the following conditions by the property owner:

(a) The City Manager shall have the right to direct and require the property owner or his or her successor, at any time subsequent to the completion of the development, to increase the number of parking spaces provided to serve said development up to the maximum required by this chapter for the property in question as if no special permit for land banking had been granted;

(b) An application for a reduction in parking spaces pursuant to this division (J)(1) shall be accompanied by alternate detailed parking plans. One plan shall show the full number of parking spaces required pursuant to § 150.136; the other plan shall show the reduced number of parking spaces proposed to be provided and shall also show the landscaping treatment of areas proposed to be reserved for future parking requirements. Both such plans shall show the location on the site of all parking areas, the exact number of parking spaces to be provided, and complete details for wheel stops, markings, drainage, surfacing, screening and landscaping, lighting and access. The location, arrangement, access, surface drainage, wheel stops and screening and landscaping, and illumination of such parking area shall be subject to the approval of the approval of the City Engineer;

(c) As a condition of the grant of such reduction, the applicant shall file with the City Clerk his or her unconditional agreement that areas reserved for future parking shall be maintained as landscaped open space until and unless required to be used for off-street parking pursuant to such special permit. The agreement and covenant shall be recorded with the Recorder of Deeds of the county.

(2) Loading requirements.

(a) For buildings with 50,000 to 250,000 square feet (gross), one loading space is required.

(b) For buildings with more than 250,000 square feet (gross), two loading spaces are required.

(K) Landscape plan. Prior to the issuance of a building permit for any development in the OR Office Research District, a landscape plan shall be submitted to and approved by the Director of Parks, Forestry and Public Works. All open space areas (areas not developed with a building or an impervious surface and not considered natural resources as described in division (L) below) shall be appropriately landscaped in accordance with said plan and shall include the following, which shall be considered minimum requirements:

(1) All areas required to be landscaped shall be covered with turf, ground cover and/or other plantings;

(2) Only those portions of the lot or building site which are used directly for parking spaces, aisles, driveways or walkways, shall be paved;

(3) One tree shall be provided for each 1,000 square feet of required open space, which trees shall be not less than three and one-half inches in caliper. All trees shall be of the type and variety specified in the landscape plan and shall be located in general conformity with the landscape plan. Credit shall be given for existing trees;

(4) In parking areas, at least 120 square feet of landscaping shall be provided for every six required parking spaces; and

(5) Any earth berms included in the landscaping plan shall be rounded and natural in character and shall be designed to obscure automobiles. No such berm shall have a slope steeper than one foot of vertical rise for every two feet or horizontal run.

(L) Natural resources. To the extent, possible, the development of all site plans must incorporate the preservation of existing environmental features on the site. Said features to be preserved shall include floodplain, wetlands, woodlands and all other natural features worthy of preservation.

(M) Refuse collection areas. All refuse collection areas shall be contained within the walls of the office structure and shall be refrigerated if they contain food or other putrescible materials.

(N) Outdoor storage. No outdoor storage shall be permitted.

(O) Telephone and electrical service. All on-site electrical lines and telephone lines installed after the effective date of this chapter shall be placed underground. Transformer or terminal equipment shall be visually screened from view, from streets and adjacent properties.

(P) Modifications. The City Council may approve modifications in connection with a particular development plan which are consistent with the purposes of this chapter.

(Prior Code, § 46-50) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991)

§ 159.108 OR-2 OFFICE RESEARCH DISTRICT.

(A) Purpose. The OR-2 Office Research District is designed to allow for the establishment of corporate headquarters, business offices, research laboratories and other compatible facilities in a spacious setting containing large amounts of open space, which can provide a land use buffer between the Illinois Tollway on the west and the natural resource residential areas to the east, and constitute an appropriate entryway to the city from the west.

(B) Conditions of use. Uses allowed in the OR-2 Office Research District are subject to the following conditions:

(1) All business, servicing, processing and storage shall be conducted within and all equipment (except as otherwise provided in division (H) below) shall be located in, completely enclosed buildings;

(2) No manufacturing or assembly shall be permitted, except as is incidental to or accessory to the principal use of the premises;

(3) No merchandise shall be displayed or handled on the premises, except as expressly permitted pursuant to division (C) below and except such as is incidental or accessory to the principal use of the premises; and

(4) No uses established in the OR-2 District shall produce any unreasonably offensive noise, vibration, smoke, dust, odor or other similar noxious environmental impact which can be detected beyond the district boundary lines.

(1) Corporate headquarters;

(2) Offices: business, professional and governmental;

(3) Medical laboratories and scientific research laboratories including, but no limited to, pure research, product development and research manufacturing facilities; provided, however, that no such laboratories shall be utilized for animal research or experimentation;

(4) Day-care facilities;

(5) Hotel, motel and uses associated with such hotel or motel use on the same site provided such use is developed in an OR-2 District having a minimum gross area (including public and private rights-of-way) if 200 acres, and provided further that, except for restaurants, no outdoor signage may identify any permitted associated use. The following are specifically permitted associated uses:

(a) Restaurant;

(b) Banquet and ballroom facilities (including food and/or liquor service when required);

(d) Live entertainment;

(e) Recreational, health and social facilities or clubs (including, but not limited to, game courts, swimming pools and exercise areas limited to hotel guests or club members and their visitors);

(f) Meeting/conference rooms;

(g) Convenience item shops;

(h) Laundry and housekeeping facilities;

(i) Vending machines; and

(j) Retail business uses as listed in § 159.109(C), provided that such uses occupy no more than 40% of the ground floor area on such hotel site.

(6) Restaurants, recreational clubs and health clubs when located within an office structure and not occupying more than 25% of the floor area of such structure;

(7) Banks and other financial institutions not including drive-up facilities when located in an office structure;

(8) Accessory uses incidental to, and located within, an office structure, and primarily for service to, and use by, the employees within the OR-2 District, as follows:

(a) Retail sales for the convenience of the occupants of the district including, but not limited to, newsstands, tobacconists, drugstores and office supply stores;

(b) Retail services for the convenience of the occupants of the district including, but not limited to, dry cleaning, tailoring, shoe repair, photocopying and blueprinting, travel bureaus and barber shops;

(d) Such accessory uses shall be subject to the following limitations:

1. Such establishments shall not have an outdoor entrance or outdoor sign;

2. Not more than 10% of the total gross floor area of any individual building may be devoted to uses listed in divisions (C)(8)(a) and (C)(8)(b) above;

3. Not more than 25% of the total gross floor area of any individual building may be devoted to such uses; and

4. Except for private clubs, the hours of operation of such uses shall generally coincide with the office hours maintained in the building.

(9) Accessory buildings;

(10) Temporary and permanent signs as permitted in Chapter 153 of the city code, except as follows:

(a) One freestanding sign per lot not exceeding 100 square feet in signage area may be erected provided that said sign shall:

1. Not exceed six feet in height, if lighted; and

2. Not exceed ten feet in height, if not lighted.

(b) One wall sign shall be permitted on the front facade of a principal building having an area not exceeding twice the number of lineal feet of such facade or 250 square feet, whichever is less.

(11) Parking lots as a stand alone use if located on parcels in common ownership with an adjacent OR-2 property which is already developed with a principal building in a manner consistent with the OR-2 zoning district.

(D) Special uses. Special uses may be allowed in the OR-2 Office Research District as provided in § 159.045.

(E) District size, lot size, coverage and open space requirements.

(1) Minimum district size. No area consisting of fewer than 150 contiguous acres (including public and private rights-of-way) may be classified in the OR-2 District.

(2) Minimum lot size. Each lot shall contain not less than five acres.

(a) Except that a minimum lot size of two acres shall be permitted for:

1. Property in common ownership with any adjacent OR-2 property which is already developed in a manner consistent with the OR-2 zoning district; or

2. The property is to be used solely for open space.

(3) Maximum coverage by buildings. The sum total of the ground area covered by all buildings shall not exceed 35% of the zoning lot.

(4) Minimum open space. The sum total of the ground area continuously maintained unobstructed by buildings or other structures of off-street parking and loading and appropriately landscaped as permanent open space shall not be less than 25% of the zoning lot. Walkways, pedestrian areas and bicycle paths shall be counted as open space, even if covered with impervious surfaces.

(F) Floor area ratio.

(1) The maximum gross square footage of building area permitted on a zoning lot shall not exceed a floor area ratio of 0.50.

(2) Only the lot area as reflected on a current property survey shall be used to determine the maximum gross square footage of building area permitted except in the event the land is dedicated for state highway purposes and all of the following criteria are met.

(a) The property is zoned OR-2.

(b) The property has been developed at the time of the right-of-way dedication.

(d) The right-of-way dedication from a single zoning lot does not exceed one acre.

(e) The dedication occurred after January 1, 2003.

(G) Yard requirements. Each principal or accessory building shall provide minimum yards as follows:

(1) Front yard. One hundred feet, except 150 feet along Illinois Route 60;

(2) Total side yards. One hundred feet, with not less than 25 feet for any side yard, except 150 feet along Illinois Route 60;

(3) Total side yards (corner lot). One hundred feet, with not less than 25 feet for any interior side yard and not less than 50 feet for any corner side yard, except 150 feet along Illinois Route 60;

(4) Rear yard. Twenty-five feet, except 150 feet along Illinois Route 60; and

(5) Transitional yards adjacent to residential districts. One hundred feet. In addition, parking shall not be permitted within 25 feet of a residential district and there shall be dense, year-round landscaping of that 25-foot space.

(H) Height requirements. The maximum height of any principal building shall not exceed 75 feet, and no accessory building shall exceed 30 feet in height. Mechanical equipment or other utility components may be located on the roof of a building above such height but shall be screened from public view with materials harmonious with the building, or they shall be located so as not to be visible from any public street or residential area.

(I) Number of buildings on a zoning lot. Multiple principal buildings are allowed on a zoning lot, except that there shall be not less than 50 feet between principal buildings, unless buildings are connected by pedestrian bridges or parking decks.

(J) Parking and loading requirements.

(1) General. Required off-street parking and loading berths shall be provided in accordance with §§ 159.130 through 159.139. In addition, any off-street parking area shall be set back at least 50 feet from any street line and no such parking area shall be located within 15 feet of a side or rear lot line (25 feet adjacent to a lot line of an existing residential use).

(2) Land banking of required parking accessory to office uses. Notwithstanding any other provision of this chapter, the total number of off-street parking spaces required to be paved pursuant to § 159.136 for uses in the OR-2 District may be reduced by up to 20% subject to approval by the City Manager and subject to the following:

(a) An application for a reduction in parking spaces pursuant to this section shall be accompanied by alternate detailed parking plans. One plan shall show the full number of parking spaces required pursuant to § 159.136; the other plan shall show the reduced number of parking spaces proposed to be provided and shall also show the landscaping treatment of areas proposed to be reserved for future parking requirements. Both such plans shall show the location on the site of all parking areas, the exact number of parking spaces to be provided, and complete details for markings, drainage, surfacing, screening and landscaping, lighting and access. The location, arrangement, access, surface drainage, screening and landscaping and illumination of such parking area shall be subject to the approval of the City Engineer;

(b) As a condition of the approval of such reduction, the applicant shall file with the City Clerk his or her unconditional agreement and covenant, in form and substance approved by the City Attorney, that areas reserved for future parking shall be maintained as landscaped open space until and unless required to be used for off-street parking pursuant to division (J)(2)(c) below. The agreement and covenant shall be recorded with the Recorder of Deeds of the county; and

(c) At any time after the completion of the development, the City Manager may, in order to promote the safety and convenience of the public or to avoid parking congestion on the subject property, require the property owner to increase the number of parking spaces provided to serve said development up to the maximum required by this chapter as if no approval for land banking had been granted.

(K) Landscape plan. Prior to the issuance of a certificate of occupancy for any development in the OR-2 Office Research District, a landscape plan shall be submitted to and approved by the Director of Parks, Forestry and Public Works. All areas not developed with a building or an impervious surface and not considered natural resources as described in division (L) below, shall be appropriately landscaped in accordance with said plan, but no such plan shall be disapproved that satisfies the following requirements.

(1) All areas required to be landscaped shall be covered with turf, ground cover and/or other plantings.

(2) Those portions of the lot that are used for parking spaces, aisles or driveways shall be paved with a hard surface.

(3) Trees shall be provided on each lot with a total caliper of three and one-half inches for each 1,000 square feet of required open space; provided, however, that no required tree shall be less than two and one-half inches in caliper. All trees shall be of the type and variety specified in the landscape plan and shall be located in general conformity with the landscape plan. Credit shall be given for existing trees.

(4) Except for structured or covered parking areas, at least 90 square feet of landscaping shall be provided for every six required parking spaces within parking areas. A reasonable landscaped buffer shall be provided adjacent to any freestanding parking structure.

(5) Any earth berms included in the landscaping plan shall be rounded and natural in character. No such berm shall have a slope steeper than one foot of vertical rise for every two feet of horizontal run.

(6) Landscaping shall be installed within a reasonable time unless an extension is granted by the Director of Parks, Forestry and Public Works, in which event a bond shall be posted to guarantee installation.

(L) Natural resources. To the extent possible, the development of all zoning lot plans must incorporate the preservation of existing environmental features on the lot, including floodplain, wetlands, woodlands and all other natural features worthy of preservation. Such natural resource areas shall be included as required open space, but in no event shall this division (L) require that the area available for buildings and other structures (including off-street parking and loading spaces) be reduced to less than 60% of the gross lot area.

(M) Refuse collection areas. All refuse collection areas shall be contained within the walls of the office structures and shall be refrigerated if they contain food or other putrescible materials.

(N) Outdoor storage. No outdoor storage shall be permitted.

(O) Telephone and electrical service. All on-site electrical lines and telephone lines hereafter installed shall be placed underground. Transformer or terminal equipment shall be visually screened from view from streets and adjacent properties.

(Prior Code, § 46-51) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 05-30, passed 9-6-2005; Ord. 06-46, passed 8-7-2006)

§ 159.109 B-1 NEIGHBORHOOD BUSINESS DISTRICT.

(A) Purpose. The B-1 Neighborhood Business District is designed to accommodate small retail and service businesses required for the frequently recurring needs of persons residing in adjacent or nearby residential areas.

(B) Conditions of use. Uses allowed in the B-1 District are subject to the following conditions:

(1) All business establishments shall be retail or service establishments dealing directly with consumers and oriented to the needs of residence in the surrounding neighborhoods. All goods produced on the premises shall be sold at retail on the premises where produced;

(2) All business, servicing, processing and storage shall be conducted within completely enclosed buildings, except for the following: outdoor dining, produce or flower markets, the sale of gasoline, the sale of items of a seasonal nature including Christmas trees, bedding plants and small shrubs when authorized by a certificate of zoning compliance;

(3) Outdoor storage is permitted only when it is screened from view. The required screening may be fencing, landscaping or walls, and must be of sufficient height and density that the storage area is screened from view, from ground level up to a point seven feet above the ground level of the adjoining street or property. No outside storage is permitted to rise above the screening;

(4) Outdoor uses, not including storage areas, must be located wholly on private property, shall no impeded pedestrian or vehicle circulation, and shall not eliminate or encroach upon required parking spaces unless the parking spaces are designated only for employee parking. In addition, no more than three required on-site parking spaces may be used, and permits for off-site parking must be purchased prior to authorization of the outdoor use to replace the lost spaces on a one to one basis. The Director of Community Development may waive the requirement for purchase of permits for off-site parking if documentation is submitted by the petitioner to demonstrate that adequate on-site parking exists to meet the needs of the business;

(5) No manufacturing or assembling shall be permitted, except as incidental to the business occupying the premises;

(6) The parking of trucks as an accessory use, when used in the conduct of a permitted business listed in this section, shall be limited to vehicles of not over one and one-half ton capacity when located within 75 feet of a residence or general residence district boundary line;

(7) A certificate of zoning compliance must be obtained consistent with the provisions of § 159.041 prior to any change of use, expansion of uses on a site, and prior to the issuance of a building permit;

(8) The uses and development shall be consistent with the Comprehensive Plan; and

(9) Appearance of vacant storefront windows.

(a) Definitions. For the purpose of this division (B)(9), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

GROUND FLOOR SPACE. Any space on the ground floor having frontage on a street, alley or outdoor pedestrian walkway.

STOREFRONT WINDOW. One or more windows for the display of goods or wares on the facade(s) of a ground floor space.

VACANCY. A space not regularly occupied and open for business a minimum of four days per week on a monthly basis. An exception to allow for temporary business closure may be granted by the Director of Community Development upon written request provided that office equipment and furnishings will remain in the establishment and a date certain for reopening of the establishment is provided.

(b) Temporary treatment of storefront windows during vacancy or interior renovation.

1. Vacant; renovation. The storefront windows of any ground floor space that is vacant or undergoing interior renovation shall be treated using one of the following methods within 15 business days after the date on which the space first becomes vacant, or for the total duration of the interior renovation.

a. Storefront windows shall be painted a solid black color or completely covered with a seamless black paper to obscure view into the space; or

b. As an alternative, in order to encourage storefront window displays that enrich the character of the business district and enliven the streetscape, exhibits by a local not-for-profit visual arts or historical organization in the form of paintings, photos and sculptures may be displayed, painted or affixed on the glass in vacant storefront windows with permission of the property owner. A storefront window that displays an exhibit is permitted one informational sign up to two square feet in total sign area, identifying the name and contact information for each exhibit; and

c. Advertising for an existing local business may be displayed in a vacant storefront window in a manner consistent with the city’s sign code.

2. “Opening soon” announcement. No sooner than 30 days prior to the opening of a new business, an unlighted temporary sign announcing the name of the new business maybe displayed in one storefront window per facade. The sign shall not exceed ten square feet in sign area and may identify the name of the business in a graphic or text format.

1. Visible adhesive or tape may not be used to affix any window display, decorative screening or signage to a storefront window;

2. Storefronts may not use newspaper or soap to obscure windows;

3. No plastic tarp of any kind may be used to block the windows; and

4. No window display or covering shall contain any matter, in writing or in a depiction, that, when considered as a whole, predominantly appeals to prurient interests.

(d) Minimum maintenance requirements.

1. All window coverings must be kept in good repair and shall not be torn, damaged or otherwise left in a state of disrepair.

2. Building exteriors must be maintained in accordance with the requirements of the city’s property maintenance code.

(1) Permitted uses in the B-1 Neighborhood Business District are listed in § 159.116. If an applicant demonstrates to the satisfaction of the Director of Community Development that a use not specifically listed in § 159.116 is consistent with the intent of the zoning district, and is similar and compatible with the listed permitted uses in the B-1 District, the Director of Community Development may allow the new use. The Director of Community Development shall document all such decisions in writing, provide a copy of the decision to the Plan Commission for information, and make a copy available for public review upon request.

(2) Applications for new developments for uses that are permitted outright in the B-1 Zoning District, shall be forwarded to the Building Review Board by the Director of Community Development after the following review standard has been satisfied.

(3) The overall site plan and traffic study have been reviewed and found by the Public Works Engineering and Public Safety Departments to have no material adverse impacts upon the uses or users of the site, upon any adjacent site or facility, or upon the surrounding business district.

(4) Restaurants; performance standards: in addition to all other applicable provisions of the code, all types of restaurants must be found to be in compliance with the following performance standards prior to the issuance of a building permit.

(a) Applicable parking requirements of the code must be satisfied or any necessary variances must be approved by the appropriate board or commission and the City Council.

(b) A parking plan detailing number of employees, the location for employee parking, estimated customers at various times, the location of customer parking and information on valet parking if provided or required, must be submitted for review and approval.

(c) 1. The review and approval process of the Building Review Board or Historic Preservation Commission must be completed. The approval must include all required elements including, new construction, storefront alterations, additions, demolitions, screening of mechanical equipment.

2. Approval of landscaping, awnings, lighting and signage by the appropriate Board or Commission must occur prior to the issuance of an occupancy permit.

(d) The City Council review and approval process for any liquor license, if applicable, must be completed. The hours of operation of the restaurant shall conform to any requirements of the liquor license. For restaurants that do not require liquor licenses the hours of operation shall conform to the hours of existing restaurants in the community.

(e) Details of the air filtration system and an operation and maintenance schedule for the exhaust and filter systems must be provided in the building permit submittal application. Issuance of the building permit shall not occur until the systems along with the operation and maintenance schedules have been approved.

(f) No loud speakers or amplification of sound are permitted outside the building.

(g) Schedules for deliveries and trash pickup must be submitted and found to be acceptable to the city.

(h) For all restaurants, egress and access to the site and delivery areas shall be located to minimize the impact of traffic, light and noise on the single-family homes.

(D) Special uses. Special uses may be allowed consistent with the provisions of § 159.045 upon the granting of a special use permit for the specific use in accordance with the terms of a special use permit ordinance therefore. Special uses in the B-1 Neighborhood Business District are set forth in § 159.116, the Use Matrix. Special use permits may also be granted to allow increased lot coverage or reduced open space requirements as authorized by the B-1 Zoning District. In addition to the standard special use permit criteria in § 159.045, the petitioner shall show that the following criteria are also be satisfied.

(1) A traffic study in a form satisfactory to the City Public Works, Engineering and Public Safety Departments shall be submitted and shall establish that the proposed use and development will not materially and adversely impair traffic convenience and safety.

(2) For drive-through facilities of any type:

(a) Ingress and egress points are located in a manner that does not create safety hazards for pedestrians or other vehicles;

(b) Pedestrian pathways are provided in areas that are separated from the drive-through facility and separated from the ingress and egress points to the drive-through facility;

(d) The drive-through facility is sited, configured and screened in a manner that is consistent with the character of the area through landscaping, grade change, fences, walls or structures so as to minimize the visual impacts on the streetscape.

(3) It has been demonstrated that the building can be adapted to different additive uses in the future.

(4) For new buildings, the development provides pedestrian links between the development and nearby retail uses.

(5) For new buildings and buildings over 500 square feet, additive uses, as identified in § 159.116, the Use Matrix, are incorporated into the development.

(6) If a determination is made by the Plan Commission that the proposed development is a meritorious project that materially advances the stated purposes of the B-1 District and provides specific and identifiable long term benefits to the community, a special use permit may be granted even if divisions (D)(4) and (D)(5 above are not fully satisfied.

(E) Lot size, coverage and open space requirements.

(1) Minimum lot sizes. The zoning lot for each structure containing a permitted use(s) shall contain not less than 5,000 square feet.

(2) Maximum coverage by structures. The sum total of the ground area covered by all structures shall not exceed 30% of the zoning lot. A development bonus allowing coverage of up to 45% of the zoning lot may be requested through a special use permit.

(F) Yard requirements.

(1) Front yard. Except as otherwise herein provided, all buildings and uses allowed in the B-1 District shall provide a front yard of not less than 20 feet in depth.

(2) Transitional yards. In the B-1 District, the minimum transitional yard requirements shall not be less than those specified below.

(a) Where a side lot line coincides with a side or rear lot line in an adjacent residence or general residence district, a yard shall be provided along such side lot line equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot.

(b) Where a rear lot line coincides with a side lot line in an adjacent residence or general residence district, a yard shall be provided along such a rear lot line equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent residential lot.

(c) Where a rear lot line coincides with a rear lot line in an adjacent residence or general residence district, a yard shall be provided along such rear lot line equal in dimension to the minimum rear yard which would be required for a residential use on the adjacent.

(G) Height requirements. The maximum height of all principal buildings and structures shall not exceed 35 feet and the maximum height of all accessory buildings and structures shall not exceed 25 feet.

(H) Open space requirement. At least 15% of the zoning lot shall remain as permanent open space configured on the site to provide a gathering space to accommodate pedestrian uses associated with the use and other uses in the area. Such open space shall be designed to enhance the visual character of the streetscape in the vicinity of the lot. The open space shall be landscaped in accordance with an approved plan and shall be continuous ground area unobstructed by buildings or surface parking areas. Walkways, pedestrian gathering areas and bicycle paths shall be counted as open space even through they may be an impervious surface. A development bonus reducing the required amount of open space to 10% of the zoning lot may be requested through a special use permit.

(I) Site plan and design review. The unique character of the B-1 District is reflected by the orientation of buildings in relation to the heavily traveled streets, Waukegan and Everett Roads, which run through this area. Site plans are intended to allow and encourage customers to move between uses on the same side of the street, without driving from use to use. In order to ensure the orderly development of properties within the B-1 District in a manner consistent with the overall character of the District, all proposed development within the B-1 District shall be subject to the site plan and design review requirements of this division (I).

(1) Application requirements. All proposed developments within the B-1 District, shall be subject to the following site plan and design review standards. In addition to the application requirements for the Building Review Board, the following information shall be provided as part of the application; if applicable:

(a) Lot area;

(b) A site plan showing building foot prints, landscaped areas, open space, locations of outdoor uses, parking areas and walkways;

(d) Existing and proposed number of dwelling units;

(e) Parking calculations showing the number of spaces required and the number of existing and proposed spaces. If parking requirements are to be met through a variance or special use permit, this request must accompany the development application;

(f) A narrative that explains how the proposed development meets the district site plan and design review standards;

(g) A traffic study shall be submitted including, but not limited to, the following information: the volume of traffic that will be generated by the proposed uses, the traffic circulation patterns, a study of how ingress and egress to parking lots and drive through facilities will enhance or impair pedestrian activity, and how existing streets will be impacted;

(h) A description of the proposed uses of the building and information on covenants or restrictions that will be placed on the development to ensure a mix of uses in the future;

(i) A plan illustrating how the building and overall site can be adaptively reused in the future for an alternative use; and

(j) Such additional information as the Director of Community Development deems necessary to properly review the application.

(2) Site plan and design review standards. All properties in this district are under the purview of the Building Review Board. In addition to the standard criteria used by the Building Review Board, development proposals should be reviewed to ensure that they preserve and enhance the character and value of the district, and are consistent with the Comprehensive Plan direction for the Settler’s Square area. To make this determination, the Building Review Board shall evaluate the petition subject to the following standards.

(a) The front of buildings should be oriented to Waukegan Road to create a continuous edge and a unified streetscape.

(b) Parking lots should be placed to the rear of the building envelopes and should be screened through landscaping, grade changes or other methods to minimize visibility from Waukegan Road.

(d) All elevations of the building visible from the streetscape, pedestrian paths and gathering areas, or from adjacent residential neighborhoods, should be detailed to a consistent level.

(e) Architectural styles, building elements, proportions, massing, materials, detailing and signage should be consistent with, and complimentary to, existing buildings in the district and the overall character of Settler’s Square.

(f) The exterior of the building is designed in a manner that lends itself to adaptive reuse in the future.

(g) Natural, high quality building materials should be used fore the exterior of buildings.

(h) Landscape and streetscape treatments shall include, but not limited, to burying utilities, screening all mechanical equipment, planting street trees and foundation plantings, installing street furniture, providing variety in building setbacks, constructing pedestrian connections and creating open spaces.

(i) Pathways should be designed to support and encourage pedestrian use and should provide the opportunity for pedestrians to move from one use to another.

(j) In order to enhance the character of the district and promote the commercial vitality of the area, outdoor dining and gathering spaces, as well as other amenities that will promote evening activities, should be incorporated into developments. In order to encourage additional pedestrian activity to enhance the commercial vitality of the area, small spaces such as gardens and courtyards should be designed and incorporated into developments.

(3) Review of development proposals. Proposals for development in the B-1 Neighborhood Business District shall be reviewed consistent with the procedures for all properties reviewed by the Building Review Board. In the event that variances are requested, or a special user permit is required, the project shall be forwarded to the appropriate Board or Commission prior to action by the Building Review Board.

(Prior Code, § 46-52) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 03-40, passed 6-19-2003; Ord. 04-02, passed 2-19-2004; Ord. 2010-24, passed 4-7-2010)

§ 159.110 CENTRAL BUSINESS DISTRICT ZONING PURPOSE.

(A) The B-2, B-3 and B-4 Zoning Districts comprise the Central Business District of the city. As is the case in many other small cities, the success of individual enterprises is intrinsically tied to the other businesses within, and the overall quality of, the business core. Property owners and businesses within the Central Business District benefit from the synergies resulting from a well planned, appealing and customer-friendly commercial center. In the city, this is especially true because of the continued success that historic Market Square has demonstrated. Accordingly, the purpose of the Central Business District regulations is to preserve and enhance the elements of the city’s central business district that have brought value to the property, success to the merchants and benefit to the residents of the city.

(B) The planned development provision included in this section is intended to allow flexibility in order to achieve the stated intent.

(Prior Code, § 46-53) (Ord. eff. 1-15-1972; Ord. 02-01, passed 1-7-2002; Ord. 03-39, passed 6-19-2003)

§ 159.111 B-2 COMMUNITY COMMERCIAL BUSINESS DISTRICT.

(A) Purpose. The B-2 Community Commercial Business District is oriented toward retail, service businesses and multi-family residential development. All or a significant portion of parking for individual developments is provided on site, no public parking lots are available in this District. The B-2 District is located along Western Avenue at the north and south ends of the Central Business District. There are fewer historic buildings and there is less orientation to pedestrians than in the B-3 and B-4 Districts. The District’s link to the other business districts is along Western Avenue and Bank Lane. The B-2 District provides for a greater variety of goods and services than permitted in the B-3 and B-4 Districts.

(B) Conditions of use. Uses allowed in the B-2 Community Commercial Business District are subject to the following conditions:

(1) All business, servicing, processing, displays and storage shall be conducted within completely enclosed buildings, except for the following: outdoor dining, produce or flower markets, the sale of new or used automobiles, the sale of gasoline, the sale of items of a seasonal nature including Christmas trees, bedding plants and small shrubs when authorized by a certificate of zoning compliance;

(2) Outdoor storage is permitted only when it is screened from view. The required screening may be fencing, landscaping or walls and must be of sufficient height and density that the storage area is screened from view from ground level up to a point seven feet above the ground level of the adjoining street or property. No outside storage is permitted to rise above the screening;

(3) Outdoor uses, not including storage areas, must be located wholly on private property, shall not impede pedestrian or vehicle circulation, and shall not eliminate or encroach upon required parking spaces unless the parking spaces are designated only for employee parking. In addition, no more than three of the required on-site parking spaces may be used and permits for off-site parking must be purchased prior to authorization of the outdoor use to replace the lost spaces. The Director of Community Development may waive the requirement for purchase of permits for off-site parking if documentation is submitted by the petitioner to demonstrate that adequate on-site parking exists to meet the needs of the business;

(4) No manufacturing or assembling shall be permitted except as incidental to the business occupying the premises;

(5) A certificate of zoning compliance must be obtained consistent with the provisions of § 159.041 prior to any change of use, expansion of uses on a site, and prior to the issuance of a building permit;

(6) The uses and development shall be consistent with the Comprehensive Plan; and

(7) Appearance of vacant storefront windows.

(a) Definitions. For the purpose of this division (B)(7), the following definitions shall apply unless the context clearly indicates or requires a different meaning.