A building or premises shall be used only for the following purposes:

Amusement places.

Animal hospitals and kennels.

Antique shops.

Art galleries and studios.

Art schools.

Auction rooms.

Automobile accessory, sales, repair and service shops, stores and departments.

Automobile laundries and car washes.

Bakeries.

Banks and financial institutions.

Barbershops and beauty parlors.

Bicycle sales, rental and repair shops.

Blue printing and photostating establishments.

Boat showrooms.

Book and stationery stores and departments.

Bowling establishments.

Bus passenger stations and terminals.

Business or commercial schools; dancing or music academies.

Business and machines and service thereof.

Camera and photography supplies and sales stores.

Carpet and rug stores.

Cartage and express facilities.

Catalogue stores or departments.

Catering establishments.

China and glassware stores.

Curtain cleaning and rug cleaning stores not employing more than eight persons.

Clothing cleaning and pressing establishments.

Clothing and costume rental stores.

Clubs, private—profit or nonprofit.

Coin and philatelic stores.

Convention halls.

Clothing stores.

Currency exchanges.

Custom dressmaking.

Department stores.

Discount stores.

Dressmaking establishments.

Drive-in restaurants.

Driving schools.

Drug stores or departments.

Dry cleaning, laundry and dyeing establishments.

Dry cleaning and laundry receiving stations.

Dry goods stores.

Electrical and household appliance stores, including computer, audio and television sales.

Electric repair shops.

Electric substations.

Employment agencies.

Exhibition halls.

Exterminating shops.

Filling stations, motor vehicle service and repairs, sales of fuel and lubricants, accessories, equipment and supplies.

Fire stations.

Florist shops and conservatories.

Food stores, grocery stores, meat markets, fish markets, bakeries and delicatessens.

Frozen food lockers.

Frozen food stores, including locker rental in conjunction therewith.

Fruit or vegetable stores.

Furrier shops, including the incidental storage and conditioning of furs.

Fur storage vaults.

Furrier shops for the sale, repairing or conditioning of furs.

Furnace, heating, and sheet metal shops.

Furniture stores, including upholstering.

Garages or departments for storage, repair, equipping and servicing of motor vehicles, including body and chassis rebuilding and repair, painting, engine rebuilding, sales of fuels and lubricants, sale of accessories, sale of tires and batteries, washing facilities, facilities for chassis and gear lubrication, wheel alignment and balancing and undercoating of motor vehicles.

Garden supply and seed stores.

Gas regulator stations.

Gift shops.

Glass sales and repair shops.

Greenhouses—retail and wholesale.

Hardware stores.

Haberdasheries.

Hobby shops, for retail or items to be assembled or used away from the premises.

Hosiery shops.

Hospitals and sanitariums.

Ice cream stores, parlors or soda fountains.

Ice cream and candy or confection plants for the manufacture of ice cream or confections.

Interior decorating shops.

Jewelry stores.

Kindergarten and nursery schools.

Knit shops—including sales of yarns and finished products.

Laboratories, medical and dental.

Laundries.

Launderettes, automatic, self-service only or hand laundries.

Lawn mower sales or repairs.

Leather goods and luggage stores.

Libraries.

Linen, towel, diaper and other supply services.

Liquor stores, departments or package.

Live bait stores.

Locksmith shops.

Machine shops or woodworking shops.

Mail order houses.

Medical and dental clinics.

Meeting halls.

Millinery shops.

Monument sales and sales lots including engraving of monuments.

Musical instrument sales and repair.

New construction, mixed use, multi-unit condominium buildings.

Newspaper distribution agencies, for home delivery and retail trade.

Offices, business or professional or other types and kinds generally.

Office supply stores.

Optician sales.

Orthopedic and medical appliance stores including the assembly and repair of such articles.

Indoor display for sale or rent, etc., of new or used motor vehicles, merchandise, machinery, equipment and other items or chattels generally.

Paint and wallpaper stores.

Parking buildings, other than accessory, for the storage of motor vehicles.

Public parks or playgrounds.

Philanthropic and eleemosynary institutions.

Phonograph record and sheet music stores.

Photo engraving establishments.

Photograph studios.

Physical culture and health services, gymnasiums, reducing salons, massage salons and public baths.

Picture framing.

Police stations.

Post offices.

Plumbing and heating showrooms and shops—gas, steam or water fitting shops.

Printing plant.

Publishing plant.

Public utility service substations—electric, gas, telephone and water.

Radio, television and computer sales, service and repair shops.

Real estate and insurance offices.

Research, experimental, process or product development laboratories and facilities.

Recording studio.

Religious institutions—churches, chapels, temples and synagogues.

Rest homes and nursing homes.

Restaurants including live entertainment and dancing and the sale of alcoholic beverages.

Retail and wholesale sales of goods, wares and merchandise.

Roofing or plastering shops.

Schools—general educational, colleges and universities.

Schools—commercial or trade.

Schools—music, dance or business.

Sewing machine sales and service.

Shoe stores.

Shoe, clothing and hat repair stores.

Shopping centers.

Shops for making draperies, slip covers and other similar articles.

Sharpening or grinding shops.

Snack or sandwich shops.

Sporting goods stores.

Stores or shops or buildings or plants for developing film and pictures.

Tailor shops.

Taverns, including liquor, live entertainment and dancing.

Taxidermists.

Telegraph offices.

Telephone booths and coin telephones (outdoor).

Telephone exchanges.

Temporary real estate tract offices for the purpose of conducting the sale of lots of the tract upon which such tract office is located.

Telephone transmission equipment buildings and microwave.

Tennis and handball courts.

Ticket agencies, amusement.

Theaters—indoor, vaudeville or motion picture.

Tin smith shops.

Tire repair shops.

Tobacco shops.

Tool shops.

Toy shops.

Travel bureau and transportation ticket offices.

Undertaking establishments and funeral parlors.

Upholstery shops.

Variety stores.

Vending machines, including ice and milk sales.

Video games.

Watch repair shops.

Water works, reservoir, pumping station and filtration plants and other public utilities.

Wearing apparel shops.

Welding shops.

(Ord. 997 § 10, 2006; Ord. dated 4/11/83 § 1 (part): prior code § 182.8(a))

There shall be a seventy-five (75) foot limitation on the height of a building in a "E" commercial district.

(Ord. dated 4/11/83 § 1 (part): prior code § 182.8(b))

Off-street parking must be provided.

Notwithstanding the foregoing, new construction, mixed use, multi-unit condominium buildings located within an "E" commercial district the following parking requirements apply. That the new construction, mixed use, multi-unit condominium buildings have two off-street parking spaces provided per one residential unit. In sole discretion of the director of public works, a waiver of this requirement may be granted if a determination is made that such waiver is in the best interests of the village of Melrose Park and by payment of a fee in the amount of five thousand dollars ($5,000.00) per parking space deficiency, which amount shall be deposited into the Melrose Park parking reserve fund. The waiver can be applied to no more than ten (10) percent of the parking spaces required under this section. That the new construction, mixed use, multi-unit condominium buildings have one guest parking spot provided per every six residential units. The guest parking spot may be an on-street parking spot. In sole discretion of the director of public works, a waiver of this requirement may be granted if a determination is made that such waiver is in the best interests of the village of Melrose Park and by payment of a fee in the amount of five thousand dollars ($5,000.00) per parking space deficiency, which amount shall be deposited into the Melrose Park parking reserve fund. The waiver can be applied to no more than ten (10) percent of the parking spaces required under this section. Off-street parking must be provided for every commercial unit located in a new construction, mixed use, multi-unit condominium building.

(Ord. 997 § 10.01, 2006: Ord. dated 4/11/83 § 1 (part): prior code § 182.8(c))

For any "E" commercial district property, except for new construction, mixed use, multi-unit condominium buildings, fronting any numbered state or federal highway, there shall be a twenty (20) foot setback for buildings only from such roads. For any new construction, mixed use, multi-unit condominium buildings fronting any numbered state or federal highway, there shall be a five-foot setback for buildings only from such roads. "Buildings," for the purpose of this section only, means buildings which are affixed into the land.

A.

Rear Yard. There shall be a rear yard of not less than ten (10) percent of the depth of the lot; provided, however, that such rear yard need not exceed ten (10) feet in depth for all buildings, excluding new construction, mixed use, multi-unit condominium buildings. A rear yard shall be not less than ten (10) feet wide for all new construction, mixed use, multi-unit condominium buildings.

B.

Side Yard. A side yard, if provided, shall be not less than three feet wide for all buildings excluding new construction, mixed use, multi-unit condominium buildings. A side yard shall be not less than five feet wide for all new construction, mixed use, multi-unit condominium buildings.

C.

Outer Court. An outer court shall be not less than three feet wide, nor less than one-ninth the length of such court from the closed end.

D.

Inner Court. An inner court shall be not less than six feet wide, nor shall its area be less than twice the square if its required least dimensions.

E.

Front Yard. There shall be a front yard of not less than five feet wide for all new construction, mixed use, multi-unit condominium buildings.

(Ord. 997 § 10.02, 2006: Ord. dated 4/11/83 § 1 (part): prior code § 182.8(d))

When a lot is improved, there shall be a ninety (90) percent limitation on intensity of use in "E" commercial districts.

(Ord. dated 4/11/83 § 1 (part): prior code § 182.8(e))

For new construction, mixed use, multi-unit condominium buildings located within an "E" commercial district the following requirements apply.

A.

Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

"Building" means all structures, attached or unattached, containing one or more units.

"Common elements" means all portions of the property except the units, including limited common elements unless otherwise specified.

"Condominium" means a building or group of buildings in which units are owned individually and the structures and common areas and facilities are owned by all the owners on a proportional, undivided basis. Condominiums do not include the following: apartments, apartment houses, townhouses, single-family dwellings or multiple-family dwellings, whether detached or semi-detached, group homes, hotels, motels, boarding houses, community homes or the like.

"Mixed use" means a building primarily intended to accommodate vertical mixed uses that contain active ground floors. Such ground floors are intended to accommodate small-scale commercial uses, which uses are otherwise permitted under this chapter, with single-family residential units above said ground floors.

"Multi-unit" means a building that is comprised of no less than twenty-five (25) residential units. No less than sixty (60) percent of the twenty-five (25) residential units must be owner-occupied.

"New construction" means a building that is totally constructed on vacant land or on land where all buildings and/or improvements, which previously existed on said land, have been completely demolished prior to the commencement of construction. New construction shall not include condominium conversions, which are defined as properties that contain structures, excepting those newly constructed and intended for condominium ownership, which are, or have previously been, wholly or partially occupied before recording of condominium instruments by persons other than those who have contracted for the purchase of condominiums. New construction shall not include add-on condominiums, which are defined as property to which additional property may be added in accordance with condominium instruments and the Condominium Property Act (765 ILCS 605/1, et seq.).

"Parking space" means a space: (1) dedicated exclusively to the location or storage of a motor vehicle; and (2) which is in substantial compliance with the requirements of the standards for parking established in this chapter, the parking code and the village of Melrose Park Municipal Code.

"Unit" means a part of the property designed and intended for any type of independent use.

B.

The new construction, mixed use, multi-unit condominium buildings are primarily intended to accommodate vertical mixed uses that contain active ground floors. Such ground floors are intended to accommodate small-scale commercial uses with single-family, residential units above said ground floors.

C.

Prior to commencing construction, the developer of any new construction, mixed use, multi-unit condominium building shall apply for and receive any and all necessary building permits, parking waivers, variances, zoning relief or other requirements of the village.

D.

Every lot or tract of land used for a new construction, mixed use, multi-unit condominium building shall have an area of not less than one square acre or forty-three thousand five hundred sixty (43,560) square feet.

E.

Every new construction, mixed use, multi-unit condominium building under this chapter must contain fire sprinklers, an elevator, a fire pump and at least one generator for emergency power use.

F.

New construction, mixed use, multi-unit condominium buildings shall be in compliance with all applicable laws, statutes, ordinances, rules, regulations, provisions and orders including, but not limited to, all applicable sections of the Illinois Condominium Property Act (765 ILCS 605/1, et seq.).

(Ord. 997 § 10.03, 2006)