A.

Any use permitted in the "E" commercial district.

B.

The following uses are permitted only if authorized by an ordinance granting a special use permit after a hearing before the zoning board of appeals:

Dispensing organization.

(Ord. No. 2289, § 5, 9-9-2019)

There shall be a seventy-five-foot limitation on the height of a building in an "E-2" commercial district.

(Ord. No. 2289, § 5, 9-9-2019)

Off-street parking must be provided.

Notwithstanding the foregoing, for new construction, mixed use, multi-unit condominium buildings located within an "E-2" 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 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 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. No. 2289, § 5, 9-9-2019)

For any "E-2" commercial district, except for new construction, mixed use, multi-unit condominium buildings, fronting any numbered state or federal highway, there shall be a twenty-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. No. 2289, § 5, 9-9-2019)

When a lot is improved, there shall be a ninety (90) percent limitation on intensity of use in "E-2" commercial districts.

(Ord. No. 2289, § 5, 9-9-2019)

For new construction, mixed use, multi-unit condominium buildings located within an "E-2" 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. No. 2289, § 5, 9-9-2019)