A.

Existing Uses.

1.

No building, structure, or use not lawfully existing at the time of the adoption of this ordinance shall become or be made lawful solely by reason of the adoption of this ordinance.

2.

When a use classified as a special use under this ordinance exists as a special use on the effective date of this ordinance, such use will be considered a legal special use except as otherwise expressly provided in this section.

3.

When any amendment to this ordinance changes the classification of a permitted use to a special use, any use legally established before such amendment will be considered a special use after the effective date of such amendment.

4.

A lawfully established, existing use that is not allowed as a special use or permitted use in the district in which the use is now located will be considered a nonconforming use and will be subject to the provisions of Chapter 17.13 of this ordinance.

B.

Unlisted Uses. Any use not specifically listed in a given zoning district with either a permitted or special use is prohibited.

(UDO 2008, § 17.06.010; Ord. No. O-41-10, § 3, 6-28-2010; Ord. No. O-65-11, § 2, 10-24-2011; Ord. No. O-38-12, § 1 (Exh. A), 5-14-2012; Ord. No. O-69-12, § 2, 11-26-2012; Ord. No. O-23-13, § 2 (Exh. A), 5-13-2013; Ord. No. O-10-14, § 3, 2-10-2014; Ord. No. O-34-16, § 4 (Exh. A), 10-24-2016; Ord. No. O-33-18, § 4 (Exh. A), 8-13-2018; Ord. No. O-06-19, § 3, 2-25-2019; Ord. No. O-68-19, § 4 (Exh. B), 8-26-2019; Ord. No. O-89-19, § 2, 11-18-2019; Ord. No. O-84-20, Exh. A, 12-14-2020; Ord. No. O-09-21, § 3, 3-22-2021; Ord. No. O-55-22, § 2, 11-14-2022; Ord. No. O-11-23, § 4, 3-27-2023; Ord. No. O-42-24, § 3(Exh. A), 11-25-2024)

Table 17-06-01 of this chapter defines the permitted and special uses allowed in each zoning district.

A.

Permitted Uses. A "P" in Table 17-06-01 indicates that the use is permitted as of right in the zoning district. These permitted uses are subject to all other applicable regulations of this ordinance.

B.

Special Uses. An "S" in Table 17-06-01 indicates that the use is reviewed and approved in accordance with the "special use" procedures of this ordinance. See § 17.04.140 for these procedures. Special uses are subject to all other applicable regulations of this ordinance.

C.

Prohibited Uses. A blank cell or a cell with a "-" in Table 17-06-01 indicates that the use is not allowed in the zoning district.

(UDO 2008, § 17.06.020)

A.

Accessory Use Table. Table 17-06-02 of this chapter contains the standards for permitted obstructions and accessory uses in various yards. All accessory buildings, structures, and uses shall comply with the height limits of the zoning district in which they are located unless otherwise provided for in this table. Accessory uses are subject to all other applicable regulations of this ordinance.

B.

Compatibility and Date of Establishment. Accessory buildings, structures, and uses shall be compatible with the principal use and shall not be established or erected prior to the establishment or construction of the principal use.

C.

Keeping of Animals. Except as permitted in this ordinance, accessory structures shall not be used for the keeping of livestock, horses, poultry, rabbits, exotic animals and/or the breeding of animals whether or not for profit unless:

1.

The lot area is at least one acre in R-1 District only; and

2.

The structure is located at least 150 feet from the side and rear lot lines; and

3.

The structure is located at least 200 feet from any residence on another lot; and

4.

The number of livestock is limited to one per 20,000 square feet of lot area; and

5.

The structure is no greater than 1,200 square-feet in area and a maximum of 15-feet in height measured to the top of the peak; and

6.

The structure shall require a special use permit.

D.

Location. The location of accessory structures shall be governed by:

1.

Table 17-06-02;

2.

Paragraph E of this section; and

3.

Section 17.07.020 of this ordinance, which covers standards for the R-4A district, and Chapter 17.09 of this ordinance, which covers standards for the DD district.

E.

Detached Garages and Sheds.

1.

In R districts, detached garages and sheds shall be accessory uses only; they shall not be constructed prior to the establishment of a permitted principal use on the lot.

2.

Detached garages and sheds shall be built at least three feet from all lot lines, unless specifically allowed otherwise by this ordinance. Additionally, detached garages and sheds shall be at least 10 feet from the principal structure unless the detached garage or shed meets or exceeds the Village building code standards for attached garages concerning fire protection rating, footing, and foundation.

3.

Detached garages and sheds in R districts and detached garages and sheds that are accessory to residential uses shall have a maximum height of 15 feet. Parking structures in the Downtown District are subject to the height limits of the zoning district. Detached garages and sheds in all other districts shall have a maximum height of 30 feet.

4.

In all R-districts except the R-1 district, detached garages shall not be established on lots where an attached garage already exists. Similarly, attached garages shall not be established where a detached garage already exists. Only one detached garage shall be allowed per zoning lot, and the area of a detached garage shall not exceed 660 square feet. The following applies to garages in the R-1 District:

a.

Both a detached garage and attached garage are allowed on one zoning lot of at least 32,670 square-feet in area; and

b.

The detached garage shall be at least 10-feet from any property line, in the rear lot only and adhere to the definition of a garage in Chapter 17.02; and

c.

The detached garage shall not exceed 1,200 square-feet in area and shall not be greater in height than the principal structure.

d.

Any attached garage and driveway shall meet the requirements of this ordinance.

F.

Public Art. The Village of Lemont Art & Culture Commission may, pursuant to approval by the Village Board, place public art on property so long as:

1.

Neither the work of art itself nor its particular placement on a site interferes with traffic or pedestrian safety; and

2.

The height of the public art complies with the height limits for structures in the zoning district in which the public art is placed; and

3.

The property owner has granted consent.

G.

Dumpster Enclosures Required.

1.

All dumpsters for solid waste shall be stored within an enclosure of sufficient size, five to six feet in height, to completely screen such dumpsters from view. When the enclosure is designed to serve a new or reconstructed principal building, the enclosure shall be constructed of wood or masonry using materials, colors and patterns similar to the exterior of the principal building. Enclosures shall not be constructed of chain link.

2.

Certain lots within the Village, in particular lots in the downtown area, may lack sufficient space for such enclosures. In cases where there are unique circumstances that make the installation impractical, including but not limited to the lack of usable area on the zoning lot, the Planning and Economic Development Director may grant a waiver of the requirement upon receipt of the owner's written request and explanation of the particular hardship. Prior to the granting of such a waiver, the Planning and Economic Development Director shall determine that all reasonably feasible measures have been taken to mitigate any negative impacts caused by the placement of dumpsters, recycling bins, containers or any other solid waste receptacles.

H.

Lot Coverage. The combined square footage of all accessory structures, driveways, sidewalks, to include the surface area of swimming pools and all types of pavers or paving brick, or other areas with an impervious surface shall not exceed 36 percent of the area of a required front or rear setback except:

1.

As provided for in section 17.07.020 of this ordinance, which covers specific standards for the R-4A zoning district; and within all non-R districts; and

2.

All non-R districts. (Ord. No. 0-36-08, 2008; Ord. No. 0-65-11)

I.

Accessory Structures in Non-Residential Districts. All general accessory structures in non-residential districts attached or detached to the primary building shall be screened appropriately with a combination of complementary primary structure materials, landscaping, or other like materials. The use of vinyl or metal is prohibited.

(UDO 2008, § 17.06.030; Ord. No. O-65-11, § § 3, 4, 10-24-2011; Ord. No. O-38-12, § 1 (Exh. A), 5-14-2012; Ord. No. O-69-12, § 2, 11-26-2012; Ord. No. O-10-14, § 3, 2-10-2014; Ord. No. O-29-15, §§ 5, 12 (Exh. A), 9-14-2015; Ord. No. O-12-16, § 4 (Exh. A), 6-13-2016; Ord. No. O-30-18, §§ 2, 4, 7-23-2018; Ord. No. O-30-18, § 4, 7-23-2018; Ord. No. O-06-19, § 3, 2-25-2019; Ord. No. O-68-19, § 5, 8-26-2019; Ord. No. O-49-23, § 3, 10-23-2023; Ord. No. O-32-24, § 3, 8-12-2024)

No more than one principal detached residential building may be located on a zoning lot, and a principal detached residential building may not be located on a zoning lot that contains any other principal building. This limitation on the number of buildings on a zoning lot does not apply to planned unit developments.

(UDO 2008, § 17.06.040)

No building shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limit established by this ordinance for the district in which the building is located, except for roof structures for the housing of elevators, stairways, tanks, ventilation fans, or similar equipment required to operate and maintain the building, fire or parapet walls, skylight, towers, steeples, flagpoles, chimneys, smokestacks, household radio and television aerials, wireless masts, water tanks, silos, storage hoppers, elevators, or similar structures.

(UDO 2008, § 17.06.050)

A.

Use as Dwelling. Manufactured homes, mobile homes, trailers, tents, recreational vehicles, and boats shall not be occupied for dwelling purposes.

B.

Waiver. The President of the Board of Trustees may waive the requirements of this section in cases of natural disasters or other emergencies where temporary housing is required. Such waivers may be in effect for an initial period of six months and may be extended by the President of the Board of Trustees for three-month durations thereafter.

C.

Manufactured Homes, Trailers, and Boats. In the B-4 zoning district, manufactured homes and trailers may be used to provide office space and employee break facilities only. The structures shall be for employee use only and shall not permit any overnight accommodations.

(UDO 2008, § 17.06.060; Ord. No. O-65-11, § 6, 10-24-2011)

Model homes shall be used primarily to offer for sale or for rental dwelling units located within the same subdivision or planned unit development in which the model home is located. Sales trailers are prohibited unless expressly allowed by the ordinance approving a planned unit development or an annexation agreement. The following provisions shall govern the operation of model homes, sales trailers or temporary construction office trailers:

A.

Status. Upon request by the Village, the owners of the property shall provide information relating to the use of the model home, including but not necessarily limited to, a record of sales or rentals made from the model home. If no sales or rental activities have occurred within the preceding 12 months, the Village may terminate the property's status.

B.

Uses of a Model Home. Sales offices, rental offices, and construction offices may be located in a model home, provided that the appearance of the model home is not substantially different from that of the other dwelling units in the subdivision or planned unit development. Marketing of units shall be limited to only those units which are within the subdivision or planned unit development. Building materials may be stored within the garage of the model home, provided that the external appearance of the model home is not affected by such storage.

C.

Parking. A temporary off-street parking lot located on the same lot as the model home is permitted so long as any impervious surface area requirements are met. The parking lot and all items pertaining to the temporary parking lot, e.g., signage, shall be removed upon cessation of the model home activities.

D.

Illumination. The model home may be illuminated, provide that the illumination does not adversely affect traffic or adjacent residents and is otherwise in compliance with this ordinance.

E.

Permitting. The Village may, from time to time and as it sees appropriate, impose permitting requirements on model homes. The Village's grading, landscaping, and building requirements for residential construction shall apply.

F.

Sales Trailers or Temporary Construction Office Trailers. The following provisions shall govern the operation of sales trailers or temporary construction trailers, when permitted:

1.

Landscaping. The trailers must be landscaped in accordance with Chapter 17.20 of this ordinance.

2.

Design. The foundation of the trailer shall not be visible. The trailer shall be skirted with a desirable and durable material complementing the primary material of the trailer. It shall be a neutral color that is in harmony with the neutral trailer color.

3.

Maintenance. The exterior of the trailer should be kept in good condition (free of rust, no peeling paint, clean, or alike).

(UDO 2008, § 17.06.070; Ord. No. O-06-19, § 3, 2-25-2019)

The standards for home occupations are intended to ensure compatibility with other the permitted uses in the zoning district where they are found, maintain the residential character of surrounding areas, and limit adverse impacts on surrounding residents.

A.

Location. The location of home occupations shall be limited to any dwelling unit or any building or structure that is accessory to the dwelling unit in any zoning district in which dwelling units are permitted. Outside storage, display, or use of land is prohibited. The building in which the home occupation is located shall be subject to the regulations of the zoning district in which it is located.

B.

Operation. Home occupations shall be conducted only by residents of the subject property.

C.

Nuisance. The home occupation shall not generate noise, vibration, glare, fumes, odors, electrical interference, or garbage beyond which normally occurs in the zoning district or planned unit development in which the home occupation is located.

D.

Signage. Signage or other external indication of the home occupation shall be limited to one nameplate, not more than 72 square inches and containing only the name of the occupant of the dwelling and the home occupation. Such a nameplate shall be attached to the dwelling unit and illumination shall be limited to one incandescent light bulb.

E.

Traffic, Deliveries, and Parking.

1.

The home occupation shall not generate traffic beyond what is normally expected in the zoning district or planned unit development in which it is located. In no case shall traffic volume created by the home occupation exceed 20 vehicle trips per day, including deliveries. State-licensed day care homes and day care facilities are exempt from this provision.

2.

Deliveries to home occupations shall not exceed two per day. This does not include US Postal Service mail delivery.

3.

The presence of a home occupation and the resident's and/or property owner's attendant parking space desires for the home occupation shall not be grounds for granting a variation to deviate from impervious surface, lot coverage, or driveway width requirements.

F.

Prohibited Activities. The following activities are expressly prohibited as home occupations:

1.

Animal hospitals (animal grooming services are permitted);

2.

Kennels;

3.

Medical and dental clinics;

4.

Eating and drinking establishments;

5.

Jobbing, wholesale, or retail business, unless it is conducted entirely by mail, parcel post service, or telephone and does not involve the receipt, sale, shipment, delivery or storage of merchandise on or from the premises, provided, however, that articles produced by members of the family residing on the premises may be sold from and stored upon the premises;

6.

Undertaking establishments and funeral parlors;

7.

Repair or maintenance of motor vehicles, to include trucks and motorcycles.

8.

In the D-D, Downtown District any business or place where members of the public have access as invitees or licensees, including or not limited to, barber/beauty shop, animal grooming service, day cares, and music/dance/arts instruction, when located in a residential unit within a mixed-use building.

G.

Permitted Home Occupations. This ordinance does not attempt to define or list all permitted home occupations. However, the following activities and uses are expressly permitted, provided that the other provisions of this section are met:

1.

Barber/beauty shop;

2.

Animal grooming service;

3.

Baby-sitting services and day care activities that do not met state law thresholds for licensing and regulation.

4.

State-licensed day care homes;

5.

Instruction in music, dance, home crafts and arts, provided that the total class size does not exceed four students at any time;

6.

Offices of architects, brokers, engineers, insurance agents, lawyers, real estate agents, urban planners, landscape architects, accountants, and secretarial services;

7.

Offices of ministers, priests, rabbis, or other leaders of religious congregations;

8.

Workrooms of dressmakers, seamstresses, and tailors;

9.

Workrooms for home crafts, such as model making, rug weaving, or cabinet making providing noise levels and other nuisances are not above what normally occurs in the neighborhood.

(UDO 2008, § 17.06.080; Ord. No. O-49-23, § 3, 10-23-2023)

In the furtherance of promoting Lemont as a tourist destination and the support of commerce, bed and breakfasts are allowed to operate in single-family detached dwelling units in any district, providing the following provisions are met:

A.

Criteria.

1.

The dwelling unit in which the bed and breakfast operation occurs shall be the principal residence of the operator/owner.

2.

The operator/owner shall live on the premises when the bed and breakfast operates. No additional dwelling units above and beyond the principal dwelling unit may be occupied on the site.

3.

The building shall remain a single-family residential structure. Bed and breakfast establishments shall not be permitted in townhouses, row houses, duplexes, multi-family buildings, or mixed-use buildings.

4.

The bed and breakfast shall provide at least two exits to the outdoors, and every guest room shall have at least one unobstructed means of egress that leads to a public street or alley, either directly or through a court or yard. Passage to exits shall not lead through any other bedroom or guestroom or through a space that can be locked by anyone who is not a member of the operator/owner's family.

5.

Rooms used for guest sleeping shall be at least 100 square feet.

6.

Each room used for guest sleeping shall be equipped with a smoke detector alarm. The alarm shall be a direct-wired type with battery back up.

7.

Lavatories and bathing facilities shall be available to all persons using the bed and breakfast. Access to a bathroom shall not require passage through another bedroom.

8.

Cooking facilities in the guest rooms are prohibited.

9.

Bed and breakfasts shall not offer restaurant or meal service to the general public.

10.

The Planning and Economic Development Director, Building Official, or the Fire Marshall or Fire Inspector of the Lemont Fire Protection District may require other safety devices or modifications deemed necessary to protect and preserve the public health, safety, and welfare.

11.

Identifying signs shall be in conformance with Chapter 17.11 of this ordinance.

12.

Parking in excess of the requirements for single-family homes shall not be mandatory; however, any off-street parking spaces provided for guest parking shall be paved, and guest parking in excess of two spaces shall be screened from adjacent residences with landscaping and fencing. This screening may be accomplished by fence, wall, or plants. If plants are used, they shall be of a type that reaches at least four feet at maturity, and the amount of plants shall be provide a year-round screen of at least 75% of the linear distance of the parking area.

13.

The owner/operator shall keep a list of the names of all persons staying at the bed and breakfast. This list shall be available for inspection by Village officials at any time.

14.

All requirements of the Illinois "Bed and Breakfast Act" (50 ILCS 820/1 et seq.) shall apply.

B.

Applications and Licensing. It shall be unlawful for any person to operate a bed and breakfast without a Village business license. To obtain or renew a license, the following information is required:

1.

A site plan indicating parking locations and landscaping. For a license renewal, no site plan is required unless there have been changes to parking spaces, locations, or landscaping.

2.

A floor plan indicating guest room sizes, bathroom location, and exits. For a license renewal, no floor plan is required unless there have been changes to guest room size, bathroom locations, or exits.

3.

Proof of liability insurance (required upon initial application and renewal).

C.

Inspections. Bed and breakfast establishments are subject to annual building, health, and fire safety inspections.

D.

Revocation of License. The Planning and Economic Development Director may revoke a license for a bed and breakfast for repeated nuisances, failure to maintain the premises in a clean, safe, orderly manner, or for lack of compliance with any of the provisions of this section.

(UDO 2008, § 17.06.090; Ord. No. O-69-12, § 2, 11-26-2012)

The special needs and requirements of group homes should be accommodated while minimizing the impacts on surrounding residential areas and the community as a whole. Therefore, the following criteria shall apply:

A.

Scale. The scale and character of the building shall be compatible with the surrounding residential properties; and

B.

Location. No new facility shall be located any closer than 1,000 feet from another existing group home.

(UDO 2008, § 17.06.100)

Based on experiences and studies prepared by numerous municipalities and organizations, the Village has determined that adult uses have adverse secondary effects, impact on crime, property values, and neighborhood quality. Said studies include: Report To: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses, Peter R. Hecht (1996); Effects of Adult Entertainment Businesses on Residential Neighborhoods, City of El Paso (1986); NLC Summaries of "SOB Land Use" Studies: Crime Impact Studies By Municipal and State Governments on Harmful Secondary Effects of Sexually Oriented Businesses, National Law Center for Children and Families (2000). In a desire to minimize such harmful secondary effects, the Village finds it desirable to regulate adult uses while maintaining reasonably available options for their location within the Village. Therefore, adult uses shall be regulated as follows:

A.

Location Restrictions. An Adult use shall be permitted only within the M-4 district provided that the adult use is:

1.

Not within 1,000 feet of a property boundary of any school, day care center, cemetery, public park, forest preserve, public housing, and place of public worship; and

2.

Not within 500 feet of the boundary of any parcel in the DD district.

B.

Method of Measurement. Measurement of the location restrictions described in paragraph A of this section shall be made in a straight line, without regard to intervening structures or objects, from the nearest lot line of the lot where the adult use is to be located, to the nearest lot line of the other specified use.

C.

Exterior Display. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any other property, public or private. This provision shall apply to any display, sign, window or other opening. All entries, windows or other openings for adult uses shall be covered or screened in a manner that prevents a view into the interior from any public way.

(UDO 2008, § 17.06.110)

A.

Outdoor Operations. All commercial activities must be conducted within completely enclosed buildings unless otherwise expressly allowed by this ordinance. This requirement does not apply to automated teller machines, off-street parking or loading, or drive-through operations as otherwise permitted by this ordinance. This provision also does not apply to activities in conjunction with special events or promotions as allowed by the Village. See Chapter 8.33 of the Lemont Municipal Code for regulations on the outdoor storage of combustible or explosive materials.

B.

Outdoor Dining and Drinking, License Required. Outdoor dining and drinking areas on public property, a public right of way, or private property may be allowed as an accessory use, upon compliance with the Village licensing requirements for Outdoor Dining/Sidewalk Cafes (see Chapter 5 of the Municipal Code). The placement of tables, chairs, and other furnishings shall leave at least three feet of an unobstructed, accessible route along any pedestrian way.

C.

Outdoor Dining and Drinking, Special Use. In addition to the requirements of 17.06.120.B, outdoor dining and drinking areas on private property with a seating capacity of ten or more shall require a special use permit if one or more of the following applies:

1.

The outdoor dining and drinking area is to have any music, either live, amplified or alike, or generate noise other than typical sounds generated by dining and/or drinking.

2.

The outdoor dining and drinking area is located within 50 feet of a residentially zoned lot or residential use, when a barrier exists (fence or significant landscaping), or 100 feet without a barrier, measured from the edge of the outdoor dining and drinking area to the shared property line. This does not apply to locations in the D-D Downtown District.

3.

The outdoor dining and drinking area is operable outside the hours of 11am—9pm.

D.

Outdoor Sales Display and/or Storage. Outdoor sales display and/or storage is prohibited except as follows:

1.

As approved by the Village as a special use; or

2.

Seasonal outdoor storage as defined by this ordinance, provided that if the storage includes a temporary structure, the provisions of 17.06.150 are met; or

3.

Temporary sidewalk displays that are licensed by the Village in accordance with Title 5 of the Municipal Code and are removed from the sidewalk at the end of each business day; or

4.

Items displayed under a permanent overhead structure such as an arcade or canopy. For this provision, awnings and extended eaves do not constitute a "permanent overhead structure;" or

5.

On-site display and/or storage of products at establishments with a primary use of:

a.

Auto/light truck sales and service; and

b.

Boat/RV sales and service; and

c.

Heavy equipment sales and service; and

d.

Motorcycle sales and service; and

e.

Flea market or farmer's market; and

f.

Garden center; and

g.

Landscaping/nursery providing mulch, either piled or in bags, is screened; and

h.

Lumberyard; and

i.

Freight transportation terminal; and

k.

Hardware store/home improvement center when limited to seasonal items and lumber.

(UDO 2008, § 17.06.120; Ord. No. O-54-09; Ord. No. O-65-11, § 5, 10-24-2011; Ord. No. O-38-12, § 1 (Exh. A), 5-14-2012; Ord. No. O-12-16, § 3, 6-13-2016; Ord. No. O-09-21, § 3, 3-22-2021)

A.

Purpose. The Canal Overlay District is intended to provide supplementary land use regulations for areas that have frontage on Sanitary and Ship Canal.

B.

Permitted Uses. The following uses are permitted within the Canal Overlay District:

1.

All permitted uses of the underlying zoning district; and

2.

Boat and barge service and repair; and

3.

Ship building.

C.

Special Uses. Within the Canal Overlay District, the following land uses listed in this paragraph are allowed only as reviewed and approved in accordance with the "special use" procedures of this ordinance. See § 17.04.140 for these procedures. Special uses are subject to all other applicable regulations of this ordinance.

1.

All special uses of the underlying zoning district; and

2.

Outdoor storage and transshipment of water-borne bulk materials; and

3.

Recreational marinas; and

4.

Material Stockpiles. Material Stockpiles within the Canal Overlay District shall be authorized only by special use when related to the loading and off-loading of bulk materials to/from vessels on the Sanitary and Ship Canal. Material stockpiles shall comply in full with the standards of Chapter 8.33 of the Lemont Municipal Code. An application for the special use of material stockpiles shall include:

a.

A site plan indicating the area to be occupied by the stockpile; and

b.

A description of the type of product to be stockpiled; and

c.

The maximum height that the material will be stockpiled; and

d.

Methods of containment and stabilization of the stockpiled material.

5.

Dockside Crew Sleeping Quarters. Dockside crew sleeping quarters are a special use within the Canal Overlay District. The sleeping quarters are limited to Companies operating industrial barge fleeting operations for water-borne logistics that lease or own property located within the Canal Overlay District. Dockside Crew Quarters may only consist of kitchen, wardroom, lavatory and berthing room for temporary living arrangements of employees between shifts. Employers shall maintain Company Policy and Procedure Manuals regarding use of Dockside Crew Quarters. The following must be met and maintained:

a.

The minimum bedroom/sleeping room size shall be 70 square feet for one person and 50 square feet for each additional person in that room.

b.

The maximum number of overnight occupants is 12.

c.

A Certificate of Occupancy for the designated sleeping quarters space is required by the Village of Lemont.

d.

All buildings and structures must meet the bulk and dimensional standards for the district.

(UDO 2008, § 17.06.130; Ord. No. O-30-18, § 2, 7-23-2018)

In addition to the provisions of this Unified Development Ordinance, certain commercial uses may also be subject to the licensing requirements and other regulations found in Title 5 of the Lemont Municipal Code.

(UDO 2008, § 17.06.140)

A.

Authorization. Except where stated otherwise in this section, temporary uses, buildings and structures may be placed on a lot or parcel only when:

1.

In compliance with the provisions of this section; and

2.

The Village has issued a permit or license, or with the express written consent of the Planning and Economic Development Director.

B.

Permitted Temporary Uses, Buildings, or Structures. Only the following temporary uses, buildings or structures are permitted:

1.

A temporary building or structure for use as temporary housing in accordance with the provisions of § 17.06.060.

2.

Temporary buildings and structures incidental to construction work, except those related to construction of single-family dwellings, provided they are placed on the developing tract or parcel. No cooking accommodations shall be maintained and the temporary building or structure shall not be used for dwelling purposes. The temporary building or structure shall be removed within 15 days after construction is complete.

3.

Temporary classrooms for public or private schools with expansion needs. Such temporary classrooms shall be placed a minimum of 250 feet from any adjacent R-zoned property. Temporary classrooms shall not be allowed more than 18 months; the 18-month period shall commence with zoning approval by the Zoning Administrator. At the applicant's request, the Community Development Director may, at his/her discretion, extend the 18-month period for a maximum of six months.

4.

Tents or membrane structures 150 square feet or less for periods of less than 120 days in all zoning districts.

5.

Tents or membrane structures in excess of 150 square feet in the B-4, M-1, M-2, and M-3 zoning districts.

6.

Tents or membrane structures in excess of 150 square feet as a special use in the B-3 zoning district.

7.

Temporary real estate offices in accordance with the provisions of 17.06.070.

8.

Temporary uses and structures, associated with bona fide special events, as approved through the Village's special events approval procedure, for the tenure of the special event only.

9.

Temporary buildings or structures which are part of a movie production project per agreement between the Village and the production company.

10.

Temporary buildings or structures and tents or membrane structures in any B or M zoning district associated with seasonal outdoor storage, as defined by this ordinance. The temporary building, structure, tent, or membrane structure shall only be allowed for the duration of the seasonal outdoor sales operations. (Ord. No. O-70-09)

11.

Self-storage containers in any residential zoning district, for periods of less than 15 days. The self-storage container must be placed on the property's driveway, if a driveway is available. If a driveway is not available, the container must be placed at least five feet from the property line.

C.

Performance Guarantee. The Planning and Economic Development Director may require a performance guarantee in an amount equal to the estimated cost of removing the requested temporary structure.

1.

The applicant shall sign an affidavit holding the Village harmless against any claim for damages if the Village were to use the performance guarantee to remove the temporary structure after its authorized period has expired. Further, the applicant shall consent in writing to special assessment of any Village expenditure in excess of the performance guarantee or deposit to compete removal or cure.

2.

In the event the temporary structure is not removed in accordance with the time limits of this section or conditions of the Village use, permit or license approval, the Village may use the performance guarantee to remove the temporary structure.

3.

The performance guarantee shall be returned when all the terms and conditions of the temporary approval has been met. (§ 17.06.150 added by Ord O-54-09)

(UDO 2008, § 17.06.150; Ord. No. O-69-12, § 2, 11-26-2012; Ord. No. O-10-14, § 3, 2-10-2014)

A.

Agriculture in R-1 and R-2 Districts. In the R-1 and R-2 zoning districts, agriculture is permitted only on lots of ten acres or more.

B.

Agriculture in R-3 and R-4 Districts. In the R-3 and R-4 zoning districts, agriculture is permitted only on lots of ten acres or more. Livestock operations are prohibited. All crops must be planted at least 200 feet from the nearest residential property.

C.

Agriculture in the B-3 District. In the B-3 zoning district, livestock operations are prohibited.

(Ord. No. O-41-10, § 4, 6-28-2010)

A.

Offices in the DD and B-1 Districts. Construction Contractor Offices in the DD and B-1 zoning districts shall comply with the following requirements:

1.

The building is primarily used for office and/or retail showroom space; warehousing or other storage is limited to less than 50% of the gross floor area. However, area inside the principal structure that is used for the parking of company vehicles with a "B" license plate shall not be considered warehousing/storage space for the purpose of this calculation.

2.

No outdoor storage is permitted.

3.

Trucks and other commercial vehicles with "C" through "Z" license plates, construction equipment, tractors, trailers, and boats may not be parked on the property unless within a fully enclosed structure that substantially conceals them from view.

4.

No fabrication is allowed on the property.

B.

Offices in Other Districts.

1.

No outdoor storage is permitted.

2.

Fabrication is only permitted in manufacturing zoning districts.

(Ord. No. O-10-14, § 3, 2-10-2014; Ord. No. O-12-16, § 3, 6-13-2016)

Editor's note— Ord. No. O-12-16, § 3, adopted June 13, 2016, repealed § 17.06.170, which pertained to outdoor dining and drinking and derived from Ord. No. O-65-11, § 7, 10-24-2011. Section 3 also renumbered this section, formerly numbered as 17.06.180, as § 17.06.170.

Cultivation centers and registered medical cannabis dispensing organizations, together known as "Medical Cannabis Organizations" for purposes of this section, shall be regulated as follows:

A.

Location Restrictions. Medical Cannabis Organizations may only be considered as a special use within the M-4 district provided that:

1.

A cultivation center shall not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use;

2.

A dispensing organization shall not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility, and may not be located in a house, apartment, condominium, or an area zoned for residential use;

3.

Medical Cannabis Organizations shall not be located within 1,000 feet of a property boundary of any cemetery, public park, forest preserve, public housing, or place of public worship; and

4.

Medical Cannabis Organizations shall not be located within 500 feet of the boundary of any parcel in the DD district.

B.

Method of Measurement. Measurement of the location restrictions described in paragraph A of this section shall be made in a straight line, without regard to intervening structures or objects, from the nearest lot line of the lot where the medical cannabis organization is to be located, to the nearest lot line of the other specified use.

C.

Compliance with State Requirements. In addition to the regulations set forth in the Lemont, Illinois Municipal Code, all Medical Cannabis Organizations shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Pilot Program Act, as enacted by the State of Illinois, effective January 1, 2014, as may be amended from time to time (hereinafter referred to as the "Act") and any administrative rules promulgated and duly adopted by the various State of Illinois departments authorized to enforce the Act.

(Ord. No. O-10-14, § 3, 2-10-2014; Ord. No. O-12-16, § 3, 6-13-2016)

Editor's note— Ord. No. O-12-16, § 3, adopted June 13, 2016, renumbered this section, formerly numbered as 17.06.190, as § 17.06.180.

A.

Off-Street Parking/Loading and Unloading Facilities.

1.

Parking of trucks in vehicle stalls when accessory to the conduct of a permitted or special use shall be limited to vehicles having not over one and one-half (1½) ton capacity, exception for pick-up or delivery services during normal hours of operation;

2.

Trucks in excess of one and one-half (1½) ton capacity shall not be parked in the open within 100 feet of a residential district boundary line;

3.

Provision of all off-street parking and loading facilities shall be made in accordance with § 17.10;

4.

All maneuvering and staging for parking, loading, and deliveries must be accommodated on site. There shall be no maneuvering or staging in streets.

5.

Size and Access.

a.

Size. Each off-street loading, unloading and outdoor storage space provided on a zoning lot shall be at least twelve (12) feet wide and at least fifty (50) feet in length, not including aisle and maneuvering space, and shall have a vertical clearance of at least fourteen (14) feet.

b.

Access. Each required off-street loading, unloading and outdoor storage space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will lease interfere with traffic movements.

B.

Building Design.

1.

Every and any building hereinafter constructed, expanded, remodeled, or in any way altered or modified shall have as part of its general design a decorative or functional structure having a height above grade of between twelve (12) and fifteen (15) feet, and extending across not less than fifty (50) percent of an exterior surface wall facing a street or roadway.

2.

Not less than the first four (4) feet, measured vertically from at grade, of any exterior surface facing a street or roadway, shall be covered with a brick, stone, or other decorative architectural material.

C.

Land Use Development or Change.

1.

Upon new construction/development of any property within the M-1, M-2, M-3, or M-4 Districts being either "PERMITTED or SPECIAL USE", under this section, application must be to the Community Development Director with plans that include (but are not limited to):

a.

Site and Geometric Plan; and

b.

Site Data Table including: Use, bulk, lot coverage, parking requirements, accessory uses, etc.; and

c.

Engineering Plans; and

d.

Tree Survey, Tree Preservation and Landscaping Plan; and

e.

Photometric Plan; and

f.

Truck turn exhibit; and

g.

Architectural plans; and

h.

Any other documents the Community Development Director finds essential for the proposal.

2.

Upon the discontinuance of any "PERMITTED or SPECIAL USE," under this section, the new use must make application to the Village to have said site, engineering and landscape plans reviewed by the Community Development Director for compliance with this Chapter and other regulations. Special uses and other amendments to this UDO are subject to further review by the Planning and Zoning Commission and Village Board.

D.

Truck, tractor or trailer parking yards, contractor yards, RV/Boat storage yard or any lot used for storage, sales or leasing of materials, equipment, vehicles, only accessory to a primary use.

1.

The parcel/lot/yard must contain a principal building of at least 5,000 square-feet. If there are multiple parcels that make up the said business, the multiple lots will be regarded as one parcel/lot/yard and the business as a whole must have a principal building of at least 5,000 square feet.

E.

Enclosure of Operations. All business, servicing, or processing shall be conducted within completely enclosed permanent buildings, except the following:

1.

Off-street parking or loading; and

2.

Accessory uses.

(Ord. No. O-30-18, § 2, 7-23-2018)