The zoning district A-1 is hereby established to allow the transitional and temporary designation of lands for agriculture use until such time as appropriate development is proposed and municipal improvements become available. (Ord. 99-06, 6-21-1999)

To achieve the purpose of the A-1 agricultural district, it shall be the policy of the village to:

   (A)   Foster uses where adequate police and fire protection are available.

   (B)   Require a minimum, continuous area for the A-1 agricultural district to be twenty (20) acres in area. (Ord. 99-06, 6-21-1999)

No land shall be used or occupied, and no building, structure, or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this title for other than the agricultural use that exists at time of annexation. (Ord. 99-06, 6-21-1999)

Any changes in usage from those in existence at time of annexation shall be permitted only if specifically authorized by the board as allowed in chapter 12 of this title. (Ord. 99-06, 6-21-1999)

Upon application to and issuance by the code enforcement officer of a permit, the following uses may be operated as temporary uses:

   Temporary building, trailer or yard for construction materials and/or equipment, both incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building or yard and the area of permitted operation. Each such permit shall be valid for a period of six (6) calendar months and shall not be renewed for more than one successive period location. (Ord. 99-06, 6-21-1999)

Accessory uses, buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use may be permitted, provided they are operated and maintained under the same ownership, on the same parcel, and do not include structures or features inconsistent with the permitted use or special use.

Barns, stables, greenhouses, and other similar structures for the exclusive use of the occupants of the premises, which are incidental to the use of the property.

Garages, carports, or other parking spaces for the exclusive use of the residents or occupants of the premises.

Home occupations. (Ord. 99-06, 6-21-1999)

All uses not expressly authorized in sections 9-10A-3 through 9-10A-6 of this article, inclusive. (Ord. 99-06, 6-21-1999)

   (A)   Sign Requirements: In accordance with the applicable regulations set forth in chapter 13 of this title. (Ord. 99-06, 6-21-1999)

To recognize the existence of major open space and recreational areas in the village. The open space district is intended to apply to all public open space of notable quality and to major private open spaces. (Ord. 99-06, 6-21-1999)

Detention, retention or natural swale areas and property designated for recreational usage such as bike trails, walk paths or natural landscaping.

Municipal and public utility facilities.

Public and private cemeteries.

Public or private golf courses and recreational areas, including associated structures such as clubhouses, maintenance buildings and pro shops.

Public parking lots on land whether public or private.

Publicly owned parks, playgrounds, gardens, recreational and other open areas, including those leased, and also including associated structures such as playground equipment, rest facilities, gazebos and other similar public buildings. (Ord. 99-06, 6-21-1999)

The following uses shall be permitted only if specifically authorized by the board as allowed in chapter 14 of this title:

   Band shells and amphitheaters.

   Concession stands and restaurants, but not drive-through, and only as associated with a particular permitted use.

   Libraries and information centers.

   Membership sports and recreation clubs.

   Museums and art galleries.

   Organized groups or clubs holding scheduled events or meetings on a regular basis and utilizing the area in a manner consistent with its primary permitted usage.

   Public sports and recreation buildings and facilities. (Ord. 99-06, 6-21-1999)

Upon application to the village board and issuance by the code enforcement officer of a permit, the following uses may be operated as temporary uses:

   Open space area designated for a special event; provided, however, that each permit shall be valid only for the duration of the designated special event.

   Temporary mobile signs on privately owned property only and as provided in chapter 13 of this title. (Ord. 99-06, 6-21-1999)

Accessory uses and structures, as allowed under section 9-3-6 of this title, are permitted in the open space district, subject to consistency with the permitted usage of the property. (Ord. 99-06, 6-21-1999)

All uses not expressly authorized in sections 9-10B-2 through 9-10B-5 of this article, inclusive. (Ord. 99-06, 6-21-1999)

   (A)   Outdoor Storage: No outdoor storage shall be permitted.

   (B)   Lighting: Lighting of the facility and parking areas shall be directed away from surrounding properties, and shall meet specifications as set by the code enforcement officer.

   (C)   Parking: In accordance with the applicable regulations set forth in chapter 12 of this title. (Ord. 99-06, 6-21-1999)

   (A)   Purpose: The village of Manteno adopts this article as the ROUTE 50 CORRIDOR CODE with a clear vision and preferred urban design arrangement for the heritage district and beyond. This article implements Manteno's vision with a precise form based approach.

   This article was created to enhance the architectural aesthetic quality and strengthen economic base of the Route 50 corridor district by implementing the following principles:

      1.   Ensure that new development respects the historic scale and character of the Route 50 corridor district.

      2.   Build a strong economic future for Manteno.

      3.   Preserve Manteno's unique historic heritage.

      4.   Create walkable downtown and Route 50 corridor areas where pedestrians come first.

      5.   Create a connected roadway framework with small walkable blocks.

      6.   Promote a green downtown showcasing leadership in the preservation of natural resources and sustainable practices.

   (B)   Intent: This article is intended to allow for the continued function of contemporary land uses, while creating standards and design criteria for infill and redevelopment projects. These regulations have been developed to accomplish the goals of this article by:

      1.   Regulating building form to create a street wall of appropriately scaled buildings that address the street and create a pedestrian oriented setting.

      2.   Prohibiting the placement of off street parking in front yards in order to maintain the continuity of buildings along the street, minimize the views of parked cars, and provide adequate sidewalks and amenities for pedestrians and bicyclists.

      3.   Restricting drive-through facilities and other automobile related uses to encourage an environment where pedestrian comfort and safety comes first.

      4.   Regulating streets and rights of way to encourage landscaped streetscapes and complete streets that accommodate multiple modes of travel.

      5.   Concentrating commercial development in a walkable Route 50 corridor district and transition areas outside the district to residential development to create a supportive neighborhood market.

      6.   Creating architectural standards to ensure that new buildings comply with the community's shared vision.

      7.   Creating a review process that rewards compliance with this article with a shortened review process.

   (C)   Applicability: This article shall apply to the area of land along Illinois Route 50 (Locust Street) and Oak Street generally from the south branch of Rock Creek to the northern Manteno boundary as depicted on figure 1.C.1 of this section and as designated on the official zoning map of the village of Manteno. This area is to be depicted as the Route 50 corridor district.

   The standards set forth in this article shall apply and rezone property within the Route 50 corridor district.

   Should this article be found by village staff to be silent on any matter that is otherwise provided for in any other section of the zoning ordinance, or building code, the applicable provisions of those sections shall apply.

   In the event of conflict between this article and the village's zoning ordinance or building code, the provisions of this article shall govern.

   (D)   Severability: Should any section or provision of this article be declared invalid, the invalidity thereof shall not affect any of the other provisions of this article or zoning ordinance, as a whole.

   (E)   Process Overview: The following provides a concise overview of the general review process for the development of new property within the Route 50 corridor district. The intent of this article is to reward those who strive to meet its standards and regulations. Therefore, the length of review time and number of meetings required to obtain project approval shall be based upon the degree of conformity to this article. Those changes involving existing structures will typically not require public meetings unless a determination is made by village staff that the nature of the modifications warrant review by village commissions and/or the village board. A complete description of the process and submission requirements is located in section 9-10C-5 of this article.

(Ord. 12-34, 2-19-2013)

ACCESS DRIVE: A private driveway that links parking facilities to an abutting public street.

ATTACHED PARKING: A parking structure of one or more levels that is connected to a building situated either in whole or in part outside the footprint of the building.

BELOW GRADE PARKING: Parking facilities located either in whole or in part below grade.

BLOCK END: A lot having at least two (2) sides abutting a street.

BUILDING HEIGHT: The number of stories between the floor of the first story (exclusive of basements or cellars) and the roof, and shall include both habitable and mechanical space.

CORRIDOR: That area comprised of the thoroughfare, public frontage, and private frontage, and extending across a street from building facade to building facade.

FRONT YARD PARKING: Surface parking facilities located between the building facade and the curb of the thoroughfare, and accessed directly from the thoroughfare without the use of a drive aisle.

GRANDFATHERED SITES: Those lots with structures or uses that lawfully existed prior to the adoption of this article. Grandfathered sites are generally classified as such until they incur voluntary, private owner initiated site improvements that exceed fifty percent (50%) of the property's market value based on most recent tax bill, at which time they shall be reclassified as redevelopment sites and subject to the pertinent provisions within this district. Absent such voluntary, private owner initiated site improvements, grandfathered sites may retain their nonconforming status in perpetuity, and can change owner and/or use, be maintained and repaired as part of normal upkeep, undergo site improvements that do not exceed fifty percent (50%) of the property's market value based on most recent tax bill and be rebuilt following a natural or manmade event. Nonconforming uses and building types lawfully established at the time of the natural or manmade event may be reestablished, provided that no new nonconformities are created and that the existing degree of nonconformity is not increased, and with the condition that the property be reconstructed to meet the private lot, corridor and alley standards of this district. In order to reestablish previous nonconforming uses and building types following a natural or manmade event, a building permit relative to such reestablishment must be obtained within one year of the date of the damage or destruction by a natural or manmade event, and construction must be completed within one year of issuance of the building permit. In the event that the permit is not obtained within one year from the date of damage or destruction by a natural or manmade event, or construction is not completed within one year of the issuance of the building permit, the grandfathered site status shall be lost, and the building or use must thereafter conform to those allowed in this district.

LINEAR FRONTAGE (BLOCK): The distance as measured along the front lot line of one or more properties abutting one side of a thoroughfare and lying between the two (2) nearest intersecting streets as determined by staff.

LOT ASSEMBLAGE: The assemblage of two (2) or more contiguous parcels to form a single lot.

MARKET VALUE: Shall be determined, within the Route 50 corridor area, by dividing the assessed valuation of the property as determined by the Kankakee County assessor, and as shown on the most recent tax bill for the property, by the level of assessment used by the assessor for the type of property (i.e., vacant, single-family, commercial, etc.). For example, a property with an assessed valuation of forty thousand dollars ($40,000.00), and a level of assessment of sixteen percent (16%), shall have a market value of two hundred fifty thousand dollars ($250,000.00) ($40,000.00/0.16).

MIXED USE BUILDING: A mixed use building contains residential dwelling units above or behind ground floor commercial, group assembly, and/or civic uses, and may be designed to accommodate office and/or group assembly space on the second level.

MODERATE CONFORMANCE: Project proposals shall be considered in moderate conformance with this article when village staff determines that the plans match the spirit and intent of this article, but there are qualitative differences (i.e., site layout) that do not require a variance from this article, or need special approval.

MULTI-FAMILY STRUCTURE: A residence for multiple households where dwelling units are located above or below one another and may share a common lobby (synonym: condominiums and/or apartments).

PRECISE CONFORMANCE: Project proposals shall be considered in precise conformance with this article when village staff determines that the plans match the development or redevelopment scenario presented in this article, including use, site plan, massing, and architectural details, and requires no variances or other special approvals.

PRIMARY FACADE: The primary facade of a building is the entire linear exposed exterior surface that fronts a thoroughfare and extends from exterior grade to the roofline. On interior and corner lots, the primary facade shall be the face of the building used for its primary mailing address, as determined by village staff.

PRIVATE FRONTAGE: The privately owned area between the front lot line of a parcel and the building facade.

PUBLIC FRONTAGE OR PUBLIC PARKWAY: The publicly held area between the curb of the thoroughfare and the front lot line of a parcel.

REDEVELOPMENT SITES: Those lots, structures, and uses that are subject to the redevelopment requirements of the Route 50 corridor district. Property shall be classified as a redevelopment site when it is part of a lot assemblage and/or when voluntary, private owner initiated site improvements exceed fifty percent (50%) of the property's market value. Redevelopment sites include those lots, structures, and uses that did not lawfully exist prior to the adoption of this article, those lots that are, at present, undeveloped, and those lots that lose their status as grandfathered sites by operation of a provision of this article.

SECONDARY FACADE: On corner lots, the secondary facade is the entire linear exposed exterior surface that fronts a thoroughfare and extends from exterior grade to the roofline, and is the face of the building not used as the primary mailing address, as determined by village staff.

SINGLE-FAMILY ATTACHED STRUCTURE: A residence designed to house a single-family unit from lowest level to roof, with a private outside entrance and a shared common wall with an adjoining dwelling unit (synonyms: row house; townhouse).

SINGLE-FAMILY DETACHED STRUCTURE: A residence designed to house a single-family unit only, and is separated from other dwelling units by open space.

SITE IMPROVEMENTS: Voluntary, private owner initiated modifications to a property, including structures that require a building permit. In determining the value of such site improvements in relation to grandfathered site status, the final costs shall exclude the costs of underground public and private improvements required by the grandfathered sites sections.

STAND ALONE COMMERCIAL BUILDING: Contains retail, office, group assembly, and/or civic uses on all levels of the structure.

STRUCTURE EXPANSION: A modification that results in an increase in the floor area and/or volume of a structure.

THOROUGHFARE: That portion of a corridor consisting of the pavement upon which vehicle and bicycle movement occurs.

TUCKED IN PARKING: Parking facilities located in their entirety within the envelope of a building.

UNDEVELOPED SITES: Those vacant sites upon which there were no structures or uses lawfully established at the time of adoption hereof.

WATER COLLECTION AREA: An area where rainwater is harvested and stored above ground and open to the sky. (Synonyms: bioswales, rain gardens.) (Ord. 12-34, 2-19-2013)

   (A)   Intent: The regulations and standards within this section are intended to help transition existing single-family houses and commercial uses into a more compatible environment to support the redevelopment of the Route 50 corridor district, and to encourage the redevelopment of the district to a commercially viable area and gateway into the downtown. It is also the desire of the village to streamline the approval process for redevelopment projects within the Route 50 corridor district.

   (B)   Applicability: The regulations and standards within this section shall apply to those parcels identified on the regulating plan as within the Route 50 corridor district.

   (C)   General Standards:

 

   (D)   Corridor And Alley Requirements:

      1.   Intent: The type and minimum degree of public and private improvements required within the corridor or alley areas shall be based upon the location and percentage of the total linear frontage of a block to be assembled and/or improved as part of a project (see table 3.1.2 of this section).

      2.   Applicability: This subsection shall apply to projects involving lot improvements greater than fifty percent (50%) of the market value of the property, as well as projects involving lot assemblage. Refer to grandfathered sites for standards relating to single lot improvements less than fifty percent (50%) of market value.

      3.   Waivers: In those instances in which village staff determines that it is impractical or impossible to complete all or a portion of the required improvements due to sequencing or physical constraints, or determines that unique circumstances exist relative to the subject site and/or block development, village staff may defer to the village board to consider one or a combination of the following options:

         (a)   Postpone the implementations of improvements to a date certain, and require the petitioner to provide a letter of credit, bond, or similar form of financial security in an amount equal to the estimated cost of such improvements as determined by village staff;

         (b)   Require cash in lieu of in an amount equal to the estimated cost of such improvements as determined by village staff; and/or

         (c)   Waive such improvements in whole or in part based upon the unique nature of the subject site and/or block development, either existing or proposed.

      4.   Required Improvements:

 

FIGURE 3.1.1
ILLUSTRATION OF TERMS

   (E)   Private Frontage Standards:

TABLE 3.1.3
PERMITTED PRIVATE FRONTAGES

 

 

   (F)   Private Lot Standards:

FIGURE 3.1.2
BUILDING PLACEMENT

FIGURE 3.1.3
PARKING PLACEMENT

 

   (G)   Grandfathered Sites: Grandfathered sites are those lots with structures and uses that were lawfully existing prior to the adoption of this article. Grandfathered sites are generally classified as such until they incur site improvements that exceed fifty percent (50%) of the property's market value based on most recent tax bill or changed ownership or tenantship after the adoption of this article.

      1.   Intent: The intent of this subsection is to establish regulations that govern the use and voluntary modification of grandfathered sites, and to specify the circumstances and conditions under which such properties are required to implement certain improvements aimed at decreasing their degree of nonconformity, if applicable. The purpose is to meet the goals of this article while protecting the interests of grandfathered site owners and tenants.

      2.   Applicability: This subsection shall apply to projects involving lot improvements less than fifty percent (50%) of a property's market value as well as changes of property ownership and/or building use within the Route 50 corridor district only.

      3.   General Standards:

 

   (H)   Grandfathered Sites; Public And Private Improvements:

      1.   Intent: The type and minimum degree of public and private improvements required shall be based upon the action being taken (table 3.1.6 of this section).

      2.   Applicability: This subsection shall apply to changes in use or ownership, structure, and special uses within this district, with the exception of single-family detached properties.

      3.   Waivers: In those instances in which village staff determines that it is impractical or impossible to complete all or a portion of the required improvements due to sequencing or physical constraints, or determines that unique circumstances exist relative to the subject site and/or block development, village staff may approve, or recommend to the village board for consideration when applicable, one or a combination of the following options:

         (a)   Postpone the implementations of improvements to a date certain, and require the petitioner to provide a letter of credit, bond, or similar form of financial security in an amount equal to the estimated cost of such improvements as determined by village staff;

         (b)   Require cash in lieu of in an amount equal to the estimated cost of such improvements as determined by village staff; and/or

         (c)   Waive such improvements in whole or in part based upon the unique nature of the subject site and/or block development, either existing or proposed.

      4.   Required Improvements:

 

 

   (I)   Grandfathered Sites; Private Sites Standards:

      1.   Private Frontages: Permitted private frontages for this district shall follow table 3.1.3 of this section.

      2.   Building And Parking Placement: Building and parking placement for this district shall follow figures 3.1.2 and 3.1.3 of this section.

      3.   General Provisions: All general provisions in this section shall apply unless otherwise noted. (Ord. 12-34, 2-19-2013)

   (A)   Permitted Uses: Permitted uses of structures and land as set forth in this subsection shall be allowed according to the regulations set forth within this district and each building form. Permitted uses may be approved by either administrative review or by site plan review by the village board, depending on the nature of the improvement. Only those uses listed in this subsection shall be considered permitted uses and no structure or land shall be devoted to any other use other than a use that is permitted here, with the exception of uses that were lawfully established prior to the effective date hereof; and accessory uses, in compliance with this article.

   Commercial:

      Retail/service. An enterprise that provides goods and/or services directly to the customer, including, but not limited to, merchandise shops, eating and drinking establishments, specialty goods/foods stores, financial institutions, personal services, convenience uses, entertainment, lodging, fruit and vegetable stands and farmers' markets.

   Professional/public:

      Office. A workplace that conducts business and/or professional services in which goods, wares, or professional merchandise are not displayed or sold on the premises, including, but not limited to, general offices, medical services, tax exempt uses that are exempt from taxation, including, but not limited to, public uses, not for profits, places of worship and public educational uses.

   Residential:

      Owner and renter occupied dwelling units located within single-family detached or single-family attached units.

   (B)   Special Uses: Special uses of structures and land are set forth in this subsection. Such special uses shall be deemed to be and shall be treated as grandfathered sites hereunder and shall be governed by the applicable regulations relating to this article. These uses create off site impacts or design issues that require special consideration by the plan commission and approval by the village board. Petitions for uses that are listed as special uses shall be reviewed according to procedures set forth by the village. The village board may impose conditions and restrictions upon the premises benefitted by a special use as may be necessary to assure compliance with any standards, to reduce or minimize the effect of such a use on the other properties in the neighborhood, and to better carry out the general intent of this article. Failure to comply with conditions of a special use shall constitute a violation of this article and may result in a revocation of the special use. The special use will be enforced as the grantee continues to occupy and/or operate said property. In the event of a transfer of property to another party the special use expires and opportunity for granting the continuing of the special use will be required by the new owner or operator.

      Amusement and recreation establishments including bowling alleys, billiard parlors, coin operated amusement devices, swimming pools, dance halls, skating rinks and other similar places of recreation.

      Any establishment with operating hours between two o'clock (2:00) A.M. and six o'clock (6:00) A.M.

      Automobile and custom van sales (new and used).

      Automobile car wash (either manual or automatic).

      Automobile/gasoline service stations.

      Automobile repair shops (including body work).

      Building material sales.

      Drive-through establishments (accessory to restaurants, banks, pharmacies and all other uses).

      Funeral homes, mortuaries, and cremation facilities.

      Greenhouses, garden centers, and landscape nurseries.

      Gun dealer/interior shooting range.

      Interior archery/bow range.

      Machinery and equipment sales.

      Motel or motor inn.

      Multi-family, and/or mixed use structures, and including, but not limited to, senior housing.

      Package liquor stores.

      Plumbing, heating, air conditioning sales and service.

      Private surface parking lots located on a lot with no structures or other uses.

      Taverns.

      Teen recreation and dance facilities.

      Vehicle rental.

      Warehouse and storage facilities.

      Winery, distillery, or brewery, including sales and tasting.

   (C)   Prohibited Uses: Some uses that would otherwise be allowed in other areas of the village shall not necessarily be allowed in the Route 50 corridor district. This is because the nature of these uses is inconsistent with the intent and purpose of this article. Any existing prohibited use may change owner as long as no new prohibited use is created. Prohibited uses of land and structures are listed in this subsection.

      Adult regulated uses - strip clubs, adult bookstore, etc.

      Advertising signs and billboards for lease.

      Agricultural uses (except for farmers' markets and private gardens).

      Boarding/rooming house/transitional residents.

      Drive-in theaters.

      Exterior archery/bow range.

      Exterior shooting range.

      Frozen food lockers.

      Industrial facility (heavy or light).

      Kennel/pound.

      Model garage display and sales.

      Open storage.

      Tattoo parlor.

      Truck depot/truck stop.

      Wireless communications towers.

   (D)   Nonconformities: This article is a significant departure from traditional zoning. Typically nonconformities are encouraged to discontinue or are required to be removed over a time period. However, the unique characteristics of the Route 50 corridor district and this article demand a more flexible approach to nonconformities. The significant contributions many existing uses and structures have made toward establishing the Route 50 corridor district's identity require that they be treated in a manner that respects their existing characteristics, but also aims to update these uses and structures in a manner that also fulfills the vision of this article. Therefore, existing sites have been identified as "grandfathered sites" within this article. As these sites seek to redevelop, change ownership, and/or expand (under 50 percent of market value based on most recent tax bill) a series of criteria has been established that build upon the vision of this article, without being overly burdensome to those that reside or conduct/own businesses within this district. (Ord. 12-34, 2-19-2013)

   (A)   Intent: The intent of these building regulations is to establish architectural standards for new construction projects as well as building expansions.

   (B)   Applicability: The building standards herein shall apply to all development types within the Route 50 corridor district.

   (C)   Building Types:

      1.   Mixed Use: A mixed use building contains residential dwelling units above or behind ground floor commercial, group assembly, and/or civic uses, and may be designed to accommodate office and/or group assembly space on the second level.

      2.   Stand Alone Commercial: A stand alone commercial building contains retail, office, group assembly, and/or civic uses on all levels of the structure.

      3.   Multi-Family: A multi-family structure is a residence for multiple households where dwelling units are located above or below one another and may share a common lobby (synonyms: condominiums and/or apartments).

      4.   Single-Family Attached: A single-family attached structure is a residence designed to house a single-family unit from lowest level to roof, with a private outside entrance and a shared common wall within an adjoining dwelling unit (synonyms: row house; townhouse).

      5.   Single-Family Detached: A single-family detached structure is a residence designed to house a single-family unit only, and is separated from other dwelling units by open space.

   (D)   Mechanical Equipment: All vents, air conditioning units, mechanical, electrical and other equipment located on the roof of any structure shall be screened from surrounding public and private property.

   (E)   Accessory Structures: The size, height and location of accessory structures shall follow regulations set forth in the zoning ordinance per use.

   (F)   Materials: The following material lists shall apply to new construction projects, the new portion of building expansions, and all new accessory structures. Materials on existing structures are permitted to remain, and can be replaced with an equivalent, but in no event shall an existing primary material be replaced with an accent or prohibited material.

      1.   Primary materials: A minimum of seventy five percent (75%) of all facades and roofs exclusive of glazing shall be comprised of the following:

         (a)   Brick, stone and fiber cement siding.

         (b)   Cedar, slate and asphalt shingles (roof only).

         (c)   Vinyl and wood siding (residential only).

      2.   Accent materials: A maximum of twenty five percent (25%) of all facades and roofs exclusive of glazing may be comprised of the following:

         (a)   Concrete panels and decorative block.

         (b)   EIFS and stucco.

         (c)   Wood.

         (d)   Standing seam roofs.

      3.   Prohibited materials:

         (a)   Vinyl and wood siding (commercial use).

         (b)   Smooth face cinder block.

         (c)   Mirrored and reflective glass.

         (d)   Nonarchitectural plywood sheet siding.

   (G)   Architectural Guidelines: The following guidelines present the architectural qualities and details deemed desirous by the village for projects within the Route 50 corridor district. See figure 3.3.1 of this section for desired pallet of architectural elements.

      1.   General: A consistent style of architectural composition should be applied throughout a structure. A mix of styles is discouraged.

      2.   Articulated Base: The distinction between ground floors and upper floors should be articulated through changes in architectural treatments and/or materials.

      3.   Articulated Corner: Buildings located at intersections should feature articulated corners in the form of architectural treatments and/or unique private frontages whenever feasible.

      4.   Windows: Wherever practical, commercial ground floor windows should remain free of internal obstructions in order to allow for views into and out of the building. Windows on the upper floor should be smaller in size than storefront windows on the ground floor.

      5.   Awnings: Awnings should only be located within the established width of a functional window or door frame.

      6.   Sign Band: A sign band is encouraged above storefront windows to accommodate both tenant signage and decorative lighting.

      7.   Cornice: Commercial structures should be capped with a cornice, which is a horizontal projection that can include elements such as decorative brick, stone work, and/or ornamental brackets.

General

Articulated Base

Windows

Sign Band

Articulated Corner

Awnings

Cornice

   (H)   Grandfathered Site Guidelines: The following guidelines present the preferred architectural approach to modifying a structure on a grandfathered site:

      1.   Exterior Materials: When replacing exterior materials, consideration should be given to using only primary materials. Note that any building expansion is to conform as best as possible to the material standards found in subsection (F), "Materials", of this section.

      2.   Building Expansion: Wherever practical and appropriate, building expansions should be located at the front of a structure in order to bring the building into closer conformance with the district's front yard setback and re-image the structure to better reflect the district's architectural character. (Ord. 12-34, 2-19-2013)

   (A)   Intent: The intent of these parking regulations is to define the minimum design standards for such facilities, both existing and proposed.

   (B)   Applicability: The parking standards herein shall apply to all lots within the Route 50 corridor district.

   (C)   Vehicle Parking; General:

      1.   Required Spaces: The required vehicular parking shall be provided as indicated in the parking chart (see table 3.4.1 of this section) for the Route 50 corridor district.

      2.   Accessible Spaces: The required number and size of accessible spaces shall be based upon the Illinois accessibility code.

      3.   Shared Parking: Shared parking is permitted and encouraged between dissimilar uses or time demands. Follow ULI (Urban Land Institute) guidelines for shared parking.

      4.   Residential Parking: Whenever possible parking for residential uses shall not be open to the sky and must be located either within or below the building envelope or within an attached parking structure. In the event that it is not possible to enclose parking, parking lot is to be screened with landscaping and/or fencing at no more than three feet (3') in height. Detached single-family residential units are exempt from this requirement.

      5.   Parking Location: Parking lots shall meet the setback standards established for this district.

      6.   Parking Access: Access to parking facilities shall be provided from alleys or adjacent parking lots wherever existing or proposed. If neither alleys nor adjacent parking lots are available, access to parking facilities and loading areas may be provided from existing thoroughfares and street systems.

   (D)   Vehicle Parking Design Standards: The following minimum dimensions for parking facilities, both enclosed and open to the sky, shall apply to all development types within the Route 50 corridor district. The village may require greater dimensions in order to accommodate engineering and/or public safety requirements.

 

 

Note:

   1.   Stalls designated for compact cars to be 8'6" wide.

   (E)   Guest Parking: In those areas that require guest parking, such facilities may be provided on the same lot as the principal use or, if approved by village staff, accounted for off site where adequate street parking or public parking facilities exist in the vicinity.

   (F)   Bicycle Parking:

      1.   Required Spaces: The required bicycle parking shall be provided as indicated in the general standards for the Route 50 corridor district.

      2.   Parking Location: Bicycle parking shall be provided within a lot's parking zone or at the front of a building no more than fifty feet (50') from an entrance. Installation within the private frontage is permitted with village approval.

      3.   Parking Shelter: Bicycle parking shelters permitted within a lot's parking zone shall not be located within five feet (5') of any property line.

      4.   Rack Type: Inverted "U" style racks or functionally similar racks are required.

   (G)   Additional Parking Standards:

FIGURE 3.4.1
ATTACHED AND TUCKED IN PARKING

      1.   The setbacks for attached parking structures and tucked in parking shall be based upon the building setbacks established in the Route 50 corridor district.

      2.   Access doors for attached parking structures and tucked in parking are to be minimized as best as possible from street view.

FIGURE 3.4.2
BELOW GRADE PARKING

      1.   Parking facilities located below grade are permitted to extend past the building footprint to the property lines.

      2.   Access doors for below grade parking are to be minimized as best as possible from street view.

FIGURE 3.4.3
FREESTANDING PARKING STRUCTURES

      1.   Within freestanding parking structures, ground floor uses are required along the facade that abuts Route 50.

      2.   Access doors for wrapped parking structures are not permitted on Route 50.

   (H)   Special Parking Standards; Grandfathered Sites:

      1.   Front Yard Parking: Front yard parking on grandfathered sites in existence at the time of adoption hereof shall be permitted to continue, but shall not be expanded in order to accommodate more parking spaces. Grandfathered sites currently without front yard parking are prohibited from adding such facilities.

      2.   Modification: In some instances a property owner is required to modify their front yard parking in order to improve the safety of the thoroughfares. When required, the following modifications shall be completed to the fullest extent possible:

         (a)   Parking located within twenty five feet (25') of an intersection shall be removed and replaced with the corridor's public frontage requirements. (A)

         (b)   Parking along the primary street shall be relocated to a secondary street. (B)

FIGURE 3.4.4
FRONT YARD PARKING

(Ord. 12-34, 2-19-2013)

   (A)   Intent: The intent of these alley regulations is to define the minimum design standards for such facilities, both existing and proposed, for the primary purpose of providing vehicular and pedestrian access to parking and other facilities located at the rear of a property.

   (B)   Applicability: The alley standards herein shall apply to all alleys within the Route 50 corridor district and their applicability is based upon the type of activity proposed on a parcel as denoted within the specific district regulation.

   (C)   Dedication: Based upon the type of activity proposed on a parcel, the village may require a property owner to dedicate to the village an alley right of way. All dedications are subject to the following provisions:

      1.   The physical location of the alley right of way on a parcel shall be determined by the village based upon the nature of the block's development, both existing and proposed.

      2.   The village is not required to accept a dedication, nor does acceptance of a dedication obligate the village to make any physical improvements within the alley right of way or guarantee public access to facilities located at the rear of a property. Furthermore, a dedication does not preclude the village from requiring or allowing other parties to construct the physical alley, either in whole or in part. An alley may be public or private at the option of the village.

      3.   The adjacent property owner(s), not the village, shall maintain the unimproved alley right of way, including sodding, routine landscape maintenance, and keeping the area clear of debris and vehicles.

      4.   No structure shall be permitted to be built within five feet (5') of the alley right of way.

   (D)   Construction: Based upon the type of activity proposed on a parcel, the village may require a property owner to construct an alley. The construction of an alley is subject to the following provisions:

      1.   An alley may be public or private, and can operate as a dedicated throughway or a drive aisle for the primary purpose of providing vehicular and pedestrian access to rear parking facilities.

      2.   Alleys shall be paved in accordance with this code.

      3.   The village may require greater dimensions in order to accommodate engineering and/or public safety requirements.

   (E)   Right Of Way Standards: The width of the required alley right of way shall be determined by the village based on the following:

      1.   Twenty five foot (25') alley right of way: Required on those properties in which the alley right of way will abut a parcel located outside of the Route 50 corridor district in order to accommodate a five foot (5') landscape buffer between the uses. See figure 3.5.1 of this section.

FIGURE 3.5.1

      2.   Forty two foot (42') or sixty four foot (64') alley right of way with alley parking: Required on those properties in which the alley right of way is bounded on either or both sides by parking located within the Route 50 corridor district. See figure 3.5.2 of this section.

FIGURE 3.5.2

(Ord. 12-34, 2-19-2013)

   (A)   Intent: The intent of these vehicle access regulations is to minimize the width and number of curb cuts along the corridors.

   (B)   Applicability: The vehicle access standards herein shall apply to all lots within the Route 50 corridor district and their applicability is based upon the type of activity proposed on a parcel as denoted within the specific use regulations.

   (C)   Hierarchy Of Access Points:

      1.   Access to parking facilities shall be provided from alleys or adjacent parking lots wherever available.

      2.   Where alleys or adjacent parking lots are not available, access to parking facilities shall be provided from secondary streets wherever available.

      3.   Access to rear parking facilities from primary streets via a private driveway may be permitted only when alleys, adjacent parking, or secondary streets are not available.

   (D)   Permanent Curb Cuts And Driveways: Each block shall be permitted one midblock curb cut on the primary street, and one curb cut on each of the bounding secondary streets with the following provisions. In the event that a new development encompasses more than half of a block, two (2) midblock curb cuts shall be permitted on the primary street, and one curb cut on each of the bounding secondary streets.

      1.   The village shall determine the location of midblock curb cuts and secondary street access points serving alleys and/or parking facilities.

      2.   Access drives shall remain private property, with the property owner required to grant cross access rights to adjoining properties. This excludes single-family residential property.

      3.   The maximum width of driveways/curb cuts shall be twelve feet (12') for a one lane and twenty two feet (22') for a two (2) lane driveway.

      4.   Sidewalks shall be constructed continuously across driveways without a change in grade.

   (E)   Temporary Curb Cuts And Driveways: When access to parking facilities must be provided from a primary street, curb cut shall be permitted subject to the following:

      1.   The maximum number of temporary curb cuts associated with a single development shall be one.

      2.   The maximum width of temporary driveways/curb cuts shall be twelve feet (12') for a one lane and twenty two feet (22') for a two (2) lane driveway, and will not be permitted closer than seventy five feet (75') to an intersection, if possible.

      3.   The granting of a curb cut by the village shall require the grantee to enter into cross access agreements with adjoining properties to allow for shared use of the access.

      4.   At the village's discretion, curb cuts shall be eliminated when alleys or adjacent parking lots provide a physical connection via neighboring properties to a permanent curb cut or alley provided that there is access through the property to the existing parking field. This excludes single-family residential property.

      5.   A restrictive covenant shall be recorded against the property for which a curb cut is provided, which covenant will require the elimination of the curb cut, the demolition of the portion of the driveway located on village property, and the construction of the corridor's required public frontage. Financial security in a form and amount acceptable to the village shall be provided at the time of the covenant to ensure that all required work is completed when the curb cut is eliminated.

   (F)   Modifications: When grandfathered site property owners are required to modify their existing curb cuts, the following actions shall be undertaken to the fullest extent possible:

      1.   On interior lots, reduction of the number of curb cuts to one.

      2.   On corner lots, removal of primary street curb cuts and utilization of the secondary street for access provided that there is access through the property to the existing parking field.

      3.   Reduction of the width of the curb cut to meet the standards herein. (Ord. 12-34, 2-19-2013)

   (A)   Intent: The intent of these landscaping regulations is to define the minimum requirements deemed necessary to achieve adequate buffering, provide visual interest, and add pervious surfaces on a site.

   (B)   Applicability: The landscaping standards herein shall apply to all lots within the Route 50 corridor district and be executed to the extent required based upon district standards relating to the following:

      1.   New construction.

      2.   Structure expansion.

      3.   Special use.

      4.   Change of owner.

      5.   Change of use.

   (C)   General Standards:

      1.   Plan Conformance: All landscaping, including mulch and seeding, shall be completed in accordance with the approved landscape plan, and nothing shall be planted or installed within an underground or overhead utility easement or drainage easement without the consent of the village.

      2.   Private Lot Phasing: For those projects built in stages, the landscaping on the private lot may be phased to coincide with stage completions. A plan schedule must be approved by the village staff.

      3.   Public Property Requirements: Median landscaping and alley buffering, when required, and public parkway landscaping, shall be completed in their entirety prior to the issuance of an occupancy permit for any component of a project.

      4.   Water Collection Areas: Water collection areas (i.e., bioswales) may be utilized in private lot and buffer yard areas with approval by the village and provided that the required number of trees are installed.

   (D)   Waivers: In those instances in which the village determines that it is impractical or impossible to complete all or a portion of the required landscaping improvements due to sequencing or physical constraints or determines that unique circumstances exist relative to the subject site and/or block development, village staff may approve one or a combination of the following options:

      1.   Allow phasing of a portion of such improvements and grant a temporary occupancy permit provided that the developer or property owner submit, and the village approves, financial security in a form and amount acceptable to the village ensuring the installation of the remaining landscape material by a date certain;

      2.   Require the developer to provide cash in lieu of in an amount determined by the village; or

      3.   Waive such requirements in whole or in part based upon the unique nature of the site and/or block development, either existing or proposed.

   (E)   Installation And Maintenance Standards:

      1.   The plantings in any landscaped area must he properly maintained in order for the landscaped area to fulfill the purposes for which it was established. The owner of the property and any tenant on the property where a landscaped area is required shall be jointly and severally responsible for the maintenance of all plant material within the landscaped area. Such maintenance shall include all actions necessary to keep the landscaped areas free of litter and debris and to keep plantings healthy and orderly in appearance.

      2.   All landscape materials required by this section in any business, commercial, and/or office developments shall be installed in accordance with the standard practices of horticultural professionals and in a good and workmanlike manner, and shall be maintained by the property owner in good condition. All applicants for landscape plan approval shall file a maintenance schedule and the scope of maintenance work with the village. Such maintenance schedule shall be subject to the approval of the village. Any damaged or dead trees, shrubs or ground cover shall be replaced promptly. Maintenance of landscaped areas shall include continuous operations for removal of weeds; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects and rodents by nontoxic methods wherever possible; watering; and any other operations necessary to assure normal plant growth and good health. The obligation for continuous maintenance shall be binding on the applicant for landscape plan approval, on any subsequent owners of the property, and on any other parties having a controlling interest in the property and/or tenants residing thereon.

      3.   The adjacent property owner shall maintain a parkway unless an agreement for maintenance has been reached with the village.

      4.   The plantings, fences, walls or berms that constitute a buffer must be properly maintained in order for the buffer to fulfill the purpose for which it is established. The owner of the property and any tenant on the property where a buffer is required shall be jointly and severally responsible for the maintenance of all buffer materials. Such maintenance shall include all actions necessary to keep the buffer free of litter and debris and to keep walls, fences, and berms in good repair and neat appearance. All buffer materials shall be protected from damage by motor vehicles or pedestrians.

      5.   In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, the owner shall have one year or one growing season, whichever is sooner, to replace or replant.

      6.   An approved tree planting palette for the entire Route 50 corridor area shall be kept on file with the village. Plant materials that are native to the area should be selected whenever feasible.

      7.   The use of loose stone, rock, or gravel is prohibited within public parkways.

   (F)   Thoroughfare:

      1.   Medians: When appropriate, standards will be established by the village and provided to a developer for implementation.

   (G)   Public Parkway: Specific approved public parkway standards for the entire Route 50 corridor area shall he kept on file with the village. General public parkway standards are listed below:

      1.   Route 50 Corridor District: Shade trees spaced no greater than twenty five (25) to thirty feet (30') apart shall be located within the buffer zone and placed within one tree grate; or two (2) turf parkways.

      2.   Street Furniture And Planters: Street furniture and planters containing annuals and perennials shall be permitted within the buffer zone provided that such objects do not impede pedestrian movement within the sidewalk zone or inhibit the use of on street parking spaces.

   (H)   Private Frontage:

      1.   Foundation Plantings: Foundation plantings are permitted provided that the mature size of such plantings will not impede pedestrian movement or security within the sidewalk zone or at building entrances.

      2.   Street Furniture And Planters: Street furniture and planters containing annuals and perennials are permitted provided that such objects do not impede pedestrian movement within the sidewalk zone or inhibit the use of building entrances.

FIGURE 3.7.1

   (I)   Private Lot:

      1.   Interior Landscaping: Interior landscaping standards shall be per section 9-3-5 of this title with the following exception:

         (a)   Such standards shall also apply to single-family detached residential developments of two (2) or more units.

      2.   Parking Lot Landscaping: Parking lot landscaping standards shall be per section 9-3-5 of this title.

   (J)   Buffer Yards:

      1.   Commercial And Mixed Use Side Yards: In order to promote shared parking facilities, properties with a commercial component are not required to provide side yard buffer yards. If proposed, the minimum standard shall be a buffer yard of five feet (5'). In the event that adjacent property owners develop a parking lot, interior buffers are not required.

      2.   Rear Yards: A buffer yard shall be provided at the rear of any property that has a surface parking lot that abuts a lot outside of the Route 50 corridor district. The minimum standard shall be a minimum buffer yard of five feet (5').

      3.   Alley Buffer: A five foot (5') buffer yard is required between a parcel within the Route 50 corridor district and an alley.

      4.   Outside Properties Adjacent To Heritage District: A buffer yard is required between an alley and a parcel located outside of the Route 50 corridor district. The minimum standard shall be a buffer yard of five feet (5').

 

 

(Ord. 12-34, 2-19-2013)

   (A)   Intent: The intent of these fencing regulations is to define the minimum and maximum screening standards required or permitted on a parcel.

   (B)   Applicability: The fencing standards herein shall apply to all lots within the Route 50 corridor district.

   (C)   General:

      1.   Plan Conformance: All fencing shall be completed in accordance with the approved site plan, and nothing shall be installed within an underground or overhead utility easement or drainage easement without the consent of the village.

   (D)   Materials:

      1.   Permitted: Wrought iron, aluminum, and welded steel ornamental fences; solid and open wood fences; solid and open PVC fences; masonry and brick walls and/or pillars.

      2.   Prohibited: Chainlink (except for temporary construction fences); barbed wire and razor ribbon.

   (E)   Public Parkway: Fences in the public frontage are limited to decorative, open style types (i.e., wrought iron) within the buffer zone either incorporated into raised planter beds or utilized as surrounds for trees. Fences are not permitted to encroach into the sidewalk zone.

   (F)   Private Frontage: Fences and gates in the private frontage are permitted to extend to the property line and are limited to decorative, open style types (i.e., wrought iron) with a minimum height of three feet (3') and a maximum height of four feet (4') with the following exceptions:

      1.   Corner lots; all: The visibility requirements at intersections shall be per section 9-3-2 of this title.

      2.   Corner lots; detached single-family residential: Such lots shall be permitted to erect an open or solid fence with a maximum height of four feet (4') along their secondary frontage provided that the fence is located no closer than one foot (1') to the property line, and does not extend past the front facade of the primary structure.

   (G)   Private Lots: Solid fences with a maximum height of six feet (6') shall be permitted in side and rear yards with the following exceptions:

      1.   Rear Yard Requirements: A solid six foot (6') fence shall be provided at the rear of any property that has a surface parking lot that abuts a lot outside of the Route 50 corridor district.

      2.   Parking Lot Screening: Fences and gates utilized to screen parking lots from secondary streets shall be located along the parking setback and are limited to decorative fencing with a minimum height of three feet (3') and a maximum height of four feet (4'). (Ord. 12-34, 2-19-2013)

   (A)   Intent: The intent of these lighting standards is to increase safety and provide clear views both to and within a site while preventing unnecessary light pollution and promoting pedestrian scaled fixtures.

   (B)   Applicability: The lighting standards herein shall apply to the Route 50 corridor district.

   (C)   Location: Figure 3.9.1 and table 3.9.1 of this section show the permitted location on the lot of light sources based upon the height and style of the fixture. Minimum and maximum lighting standards shall be determined by the village based upon a submitted photometric plan. The following standards also apply to each of the lighting zones identified:

      1.   Alley Lighting Zone: All lots with alleys shall have lighting fixtures whenever possible within five feet (5') of the alley's edge of pavement. When a structure in the lot is within seven feet (7') of the alley's edge, the lighting fixture shall be attached to the structure and not to a freestanding pole. Cutoff lens not to cast direct light into adjacent property.

      2.   Parking Lot Lighting Zone: All lots with surface parking facilities shall have freestanding lighting fixtures located no closer than three feet (3') to any property line or alley. When a parking lot abuts a structure in the lot, the lighting fixture shall be attached to the structure and not to a freestanding pole. Cutoff lens not to cast direct light into adjacent property.

      3.   Public Parkway Lighting Zone: Pedestrian streetlights must be placed two feet (2') from the back of curb on each side of the street with a maximum average spacing (per block face) of sixty feet (60') on center.

      4.   Building Lighting Zone: Exterior lights shall be mounted between six feet (6') and fourteen feet (14') above adjacent grade.

   (D)   Lighting Elements: Lighting elements shall be compact fluorescent, metal halide, LED, or halogen only.

FIGURE 3.9.1

   (E)   Glare: Fixtures where light is visible to the public in a clear or frosted lamp shall be equipped with refractors to direct light downward and prevent glare.

   (F)   Spillage: All fixtures shall include refractors to direct light away from property lines. The maximum allowable foot- candles at any property line shall be 0.5 foot-candle, unless it can be demonstrated to the satisfaction of the village that:

      1.   Additional illumination is required for security, outdoor dining, or other use.

      2.   Such illumination can be provided without negative impacts on adjacent properties.

   (G)   Standards: The village shall keep on file, and provide to property owners, the specifications for all lighting fixtures and components located on public property and/or maintained by the village.

(Ord. 12-34, 2-19-2013)

   (A)   Intent: The intent of these encroachment regulations is to allow flexibility in the design of a private lot without infringing upon the functionality of the public frontage.

   (B)   Applicability: The encroachment standards herein shall apply to lots within the district and is based upon the type of activity proposed on a parcel as denoted within the district regulations.

 

 

Note:

   1.   Provided there is a minimum vertical clearance of 8 feet. May encroach up to 100 percent of setback on a secondary street within the heritage district.

(Ord. 12-34, 2-19-2013)

   (A)   Intent: The regulations and standards set forth in chapter 13 of this title are to be followed with the exception of the following amendments:

      1.   Paint: All paint used must be exterior grade paint.

      2.   Wood To Be Sealed: No signs shall be permitted that show wood in its natural exposed condition, without being sealed by a clear commercial sealer.

      3.   Pole/Pylon Signs: No pole/pylon signs are allowed in the Route 50 corridor district.

      4.   Ground Signs: No ground sign shall be located closer than forty feet (40') from another sign in the Route 50 corridor district regardless if it is located on the same zoning lot or not.

      5.   Number Allowed: Only one sign shall be permitted on zoning lots less than two hundred feet (200') of frontage, with the exception of corner lots. A maximum of two (2) signs shall be permitted on corner lots and lots greater than two and one-half (2.5) acres.

      6.   Maximum Height: No sign shall project higher than the bottom of the windowsills of the second floor or other second floor architectural features of a building, whichever is lower.

   (B)   Sign Types:

 

* Manual changeable copy prohibited and no electronic reader boards without special approval.

(Ord. 12-34, 2-19-2013)

   (A)   Preapplication Conference: Prior to the official submission of any application for improvements within the Route 50 corridor district, the applicant shall meet with village staff for a preliminary discussion as to:

      1.   The scope and nature of the proposed improvement;

      2.   The types of building forms and uses proposed; and

      3.   Any site or facade improvements proposed.

The applicant shall be prepared to present conceptual plans, sketches or any other information necessary to explain the proposed improvements, including any specific requests to deviate from the standards of this article. Village staff will provide general information and direction relative to the long range goals of the Route 50 corridor district and the village of Manteno, as a whole. Village staff will also provide direction on the applications, reviews, and meetings that will be required to obtain approval.

 

Note:

   1.   Staff reserves the right to request village board approval at their discretion.

   (B)   Types Of Review And Approvals:

      1.   Staff Review And Approval: Certain improvements require staff review and approval because of their minimal size and scope. Staff approvals may consist of reviews from village staff, including planning department, building department, public works, engineering, fire department, police department, and the village's landscape consultants, if applicable. All staff reviews and approvals will require an application and must be documented. Village staff may require an improvement that qualifies for staff review to go through site plan review by the plan commission if the application does not comply with the standards herein or if village staff determines that the scope of the project exceeds his/her administrative authority.

      2.   Site Plan Review By Village Board: Certain improvements require site plan approval because of the proposed changes to the site or building and the scope of the project. Site plan review by the village board typically involves two (2) public meetings for review by the village board.

      3.   Site Plan Review By Plan Commission And Village Board: Certain improvements require site plan review and approval by the plan commission and village board because the application requires that an ordinance be considered. Any public hearing required for approvals granted by the village board will be held by the plan commission.

      4.   Site Plan Review By Planning Commission And Village Board With Public Hearing Process: Any project requiring more than six (6) deviations, special use, or PUD will require full approval process with public hearing. (Ord. 12-34, 2-19-2013)

   (A)   Process Determination: The process for meetings and approvals for projects requiring site plan review will be determined by village staff, based upon the relative conformity to this article, and also based upon whether or not special use or deviation(s) are required. See section 9-10C-5-1, table 5.1.1 of this article. (Ord. 12-34, 2-19-2013)

   (A)   Staff review and approval (1 - 2 deviations):

      1.   Proof of ownership. (If tenant, provide owner's approval.)

      2.   Written explanation of deviation(s).

      3.   Design plan(s) as applicable:

         (a)   Site plan.

         (b)   Landscape plan.

         (c)   Current survey and legal description.

         (d)   Civil engineering plan.

         (e)   Elevations (rendered).

         (f)   Signage exhibit(s) (rendered).

         (g)   Floor plan(s).

         (h)   Photometric plan and cut sheets.

   (B)   Staff review and village board approval (3 - 4 deviations):

      1.   Proof of ownership. (If tenant, provide owner's approval.)

      2.   Written explanation of deviation(s).

      3.   Design plan(s) as applicable:

         (a)   Site plan.

         (b)   Landscape plan.

         (c)   Current survey and legal description.

         (d)   Civil engineering plan.

         (e)   Elevations (rendered).

         (f)   Signage exhibit(s) (rendered).

         (g)   Floor plan(s).

         (h)   Photometric plan and cut sheets.

   (C)   Staff review, planning commission, and village board approval (5 - 6 deviations, and no special use or PUD):

      1.   Proof of ownership. (If tenant, provide owner's approval.)

      2.   Written explanation of deviation(s).

      3.   Design plan(s) as applicable:

         (a)   Site plan.

         (b)   Landscape plan.

         (c)   Current survey and legal description.

         (d)   Civil engineering plan.

         (e)   Elevations (rendered).

         (f)   Signage exhibit(s) (rendered).

         (g)   Floor plan(s).

         (h)   Photometric plan and cut sheets.

   (D)   Full approval with public hearing (greater than 6 deviations, special use and/or PUD): Applicant is to follow current process for public hearing requirements.

      1.   Proof of ownership. (If tenant, provide owner's approval.)

      2.   Written explanation of deviation(s).

      3.   Design plan(s) as applicable:

         (a)   Site plan.

         (b)   Landscape plan.

         (c)   Current survey and legal description.

         (d)   Civil engineering plan.

         (e)   Elevations (rendered).

         (f)   Signage exhibit(s) (rendered).

         (g)   Floor plan(s).

         (h)   Photometric plan and cut sheets. (Ord. 12-34, 2-19-2013)

In addition to any other specific standards set forth herein the plan commission shall not recommend a special use, variance, appeal, or map amendment from the regulations of this article unless it shall have made findings of fact, based upon evidence presented to it, in each specific case that:

   (A)   The proposed improvement meets this article and its principles, as presented in subsections 9-10C-1A and B of this article, purpose and intent.

   (B)   The new improvement is compatible with uses already developed or planned in this district and will not exercise undue detrimental influences upon surrounding properties.

   (C)   Any improvement meets the architectural standards set forth in this article.

   (D)   The improvement will have the effect of protecting and enhancing the economic development of the Route 50 corridor district. (Ord. 12-34, 2-19-2013)

Appeals shall be considered by the plan commission and approved by the village board according to the procedures set forth in this code. (Ord. 12-34, 2-19-2013)

Special uses shall be considered by the plan commission and approved by the village board according to the procedures set forth in this code.

   (A)   Additional Standards For Special Uses: The plan commission shall not recommend a special use unless it shall have made findings of fact, based upon evidence presented to it, in each specific case that:

      1.   The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

      2.   The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

      3.   The establishment of the special use will not impede the normal and orderly development of surrounding property for uses permitted within the Route 50 corridor district.

      4.   Adequate utilities, access roads, drainage, and/or other necessary facilities have been or are being provided.

      5.   Adequate measures have been or will be taken to provide ingress or egress so designated as to minimize traffic congestion in the public streets.

      6.   The special use shall in other respects conform to the applicable regulations of this district, except as such regulations may in each instance be modified by the village board pursuant to recommendation of the plan commission.

      7.   The special use contributes directly or indirectly to the economic development of the community as a whole. (Ord. 12-34, 2-19-2013)

See section 9-10C-5-1, table 5.1.1 of this article.

   (A)   Additional Standards Specific To A Variance: The plan commission shall not recommend a variance from the regulations of this article unless it shall have made findings of fact, based upon evidence presented to it, in each specific case that:

      1.   Property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this district.

      2.   The plight of the owner is due to unique circumstances.

      3.   The variance, if granted, will not alter the essential character of the locality.

      4.   There are practical difficulties or particular hardships that are unique to the property such as:

         (a)   The particular physical surroundings, shape, or topographical condition of the property creates a hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

         (b)   The conditions upon which the petition for a variance is based would not be applicable, generally, to other property within the same zoning classification;

         (c)   The purpose of the variance is not based exclusively upon a desire to make more money out of the property;

         (d)   The granting of the variance would not be detrimental to the public welfare or injurious to other property or improvements in the Route 50 corridor district;

         (e)   The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values in the neighborhood.

   (B)   Additional Standards Specific To A Parking Variance: The number of off street automobile and/or bicycle parking spaces required may be reduced by a variance reviewed by the plan commission and approved by the village board following the variance standards in this section and when all of the following standards are met:

      1.   The development does not have the benefit of shared or collective parking;

      2.   The applicant proves that adequate parking exists for such use, based on the unique number, type and use characteristics (i.e., peak hour or day) of those businesses or residences that currently use such a lot;

      3.   A municipal parking lot exists within three hundred feet (300') of the development that has adequate parking to accommodate all or a portion of the number of required spaces for the use;

      4.   The owner of the building makes a payment equal to one thousand dollars ($1,000.00) per required automobile and bicycle parking space that cannot be provided on the subject lot. The fees collected for the payment in lieu of parking will be used only for the acquisition of land or construction of municipally owned or leased off street parking facilities for automobiles or bicycles; landscape or streetscape; bike trails, lanes, or paths; or maintenance or illumination of off street parking facilities. (Ord. 12-34, 2-19-2013)

   (A)   Additional Standards For Cross Parking And Cross Access Agreements: Off street parking facilities for automobiles are encouraged to be provided for collectively or shared. The plan commission must approve a shared parking arrangement through site plan review and under the following conditions:

      1.   A shared parking analysis is conducted, following the standards of the Urban Land Institute, and indicates that reduced parking standards between uses can be supported because the hourly parking demand associated with each business is different.

      2.   There is adequate parking proposed to serve each business sharing the parking during the peak hour associated with each use.

      3.   There is a written acknowledgement from all property owners that are party to the collective or shared parking that the shared parking approval will only be recognized by the village if the current arrangements of commercial and residential square footages on the property remain the same. If these arrangements change by change of use or change of owner, expansion or redevelopment, new parking improvements may be required.

      4.   The arrangement is formalized through officially recorded cross access and cross parking agreements.

   (B)   Additional Standards Specific To A Parking Waiver: The number of off street automobile or bicycle parking spaces required in the Route 50 corridor district may be reduced by an administratively granted parking waiver approved by village staff under the following conditions:

      1.   The waiver requested is for fifty percent (50%) or less of the total required parking for the site to meet commercial automobile and/or bicycle parking requirements.

      2.   The waiver is not for residential parking requirements. Residential parking requirements cannot be waived.

      3.   A municipal lot exists within three hundred feet (300') of the business that has adequate parking to accommodate all or a portion of the number of required spaces for a new tenant or use or a public commuter parking lot exists within three hundred feet (300') of the business and can be used on weekends and weekdays (after 11:30 A.M.).

      4.   The development does not have the benefit of shared or collective parking.

      5.   It is determined that the waiver of parking requirements will not detrimentally impact surrounding single-family residential neighborhoods with overflow parking and traffic.

      6.   The owner of the building makes a payment equal to one thousand dollars ($1,000.00) per required automobile and bicycle parking space that cannot be provided on the subject lot. The fees collected for the payment in lieu of parking will be used only for the acquisition of land or construction of municipally owned or leased off street parking facilities for automobiles or bicycles; landscape or streetscape; bike trails, lanes, or paths; or maintenance or illumination of off street parking facilities. (Ord. 12-34, 2-19-2013)