The B-1 neighborhood business district is intended to limit the nature and type of commercial uses on individual zoning lots while permitting a greater range of commercial development pursuant to the "special use" procedures of this title. When development is undertaken as a mixed use planned unit development as provided in article B of this chapter, the highest intensity of commercial development is possible because the planned unit development procedures ensure that comprehensive planning is undertaken to reduce any adverse impact of development on adjacent areas. Therefore, the following retail business uses are the only permitted uses in the B-1 neighborhood district: (Ord. 00-5-7, 5-2-2000)

Bakeries, where all goods are sold on the premises at retail.

Candy and ice cream shops (including frozen yogurt).

Coffee shops.

Restaurants, subject to the following conditions:

No restaurant building shall contain in excess of five thousand two hundred (5,200) square feet nor have a maximum seating capacity in excess of three hundred twenty five (325) guests. No drive-through restaurant service shall be permitted. No meals shall be served earlier than six o'clock (6:00) A.M., nor later than ten thirty o'clock (10:30) P.M. on weekdays and eleven thirty o'clock (11:30) P.M. on weekends (excluding room service for hotel guests). No live entertainment requiring more than two (2) performers at one time shall be permitted, and such entertainment shall be provided solely as background to meals served in the restaurant. Alcoholic beverages in the restaurant may be authorized by appropriate liquor permit issued by the Riverwoods liquor commissioner, but such permit shall require that the alcoholic beverages must be served with meals to restaurant patrons and no later than ten thirty o'clock (10:30) P.M. on weekdays and eleven thirty o'clock (11:30) P.M. on weekends. The waiting area for restaurant patrons shall be designed to serve a clientele that is waiting to have a sit down meal and shall not serve persons desiring alcoholic beverages without a meal. (Ord. 00-5-7, 5-2-2000; amd. Ord. 02-8-23, 8-6-2002)

   A.   The following uses, when authorized by the village board, constitute the only special uses allowed in the B-1 neighborhood business district:

      Drive-through facilities, granted in accordance with the provisions of section 9-5A-6 of this article.

      Mixed use planned developments, granted in accordance with the provisions of article B of this chapter. A self- storage facility approved in a mixed use planned development is not governed by the provisions of subsections B, C and D of this section but by the terms of the special use ordinance adopted pursuant to article B of this chapter.

      One automobile service station, granted in accordance with the provisions of chapter 9 of this title.

      One self-storage facility, granted in accordance with the provisions of subsections B, C and D of this section.

      Small parcel special use, granted in accordance with the provisions of subsections E, F and G of this section. (Ord. 03-8-22, 8-5-2003; amd. Ord. 16-02-01, 2-2-2016; Ord. 16-10-19, 10-18-2016)

   B.   A special use may be granted for one self-storage facility in the B-1 neighborhood business district, provided that the board of trustees finds that the proposed development satisfies the criteria set forth below:

      1.   The site has frontage on, and is accessed solely from, Milwaukee Avenue.

      2.   The site area for the self-storage facility is at least four (4) acres. The site is to be consolidated as a single lot of record under the village's subdivision control ordinance 1 . There are no more than five (5) buildings on the site, one of which may contain a second floor caretaker's dwelling unit containing not more than three thousand (3,000) square feet of living space. The caretaker's apartment is not to be located on the ground floor of the building. The orientation of the buildings is to minimize the visual impact on any adjacent residential areas. All building setbacks shall conform to requirements of this B-1 district, except that the front yard requirement shall be sixty feet (60') in lieu of eighty feet (80').

      3.   The terms "floor area ratio" or "FAR", and "impervious surface ratio" or "ISR", for purposes of this section, shall have the same meanings as given in subsection 9-5C-3C of this chapter, except that the term "usable floor area" used in the definition of FAR shall include all areas used for storage. The FAR, ISR and building height restrictions applicable to a special use for self-storage facility are:

 

 

The lot coverage requirements of the B-1 district shall not be applicable to a self-storage facility meeting the FAR and ISR requirements for a special use.

      4.   The natural topographic and landscape features of the site are preserved and incorporated into the development, wherever possible.

      5.   Landscaped buffers are provided around the perimeter of the property, preferably exhibiting continuity throughout the development, to minimize the visual impact on any adjacent properties, particularly residential areas.

      6.   Stormwater detention facilities are designed as a visual amenity for the project, wherever possible.

      7.   The exterior elevations of the buildings require the use of higher grade finishes, such as masonry, split face block, granite, marble, stone walls and, for buildings having frontage on Milwaukee Avenue, pitched roofs; such elevations demonstrate an architecturally harmonious development throughout the entire site.

      8.   Lighting standards shall substantially conform to the recommendation of the plan commission.

      9.   Perimeter fencing and pedestrian access shall substantially conform to the recommendation of the plan commission.

   C.   A special use application for a self-storage facility in the B-1 district shall be made to the plan commission, in accordance with sections 9-11-9 and 9-11-10 of this title. In addition, the applicant for a self-storage facility shall have the burden of showing that the proposed development complies with the definitions, regulations and standards contained in sections 10-1-5 and 10-1-9, subsections 10-2-3-6H and I, sections 10-5-3 through 10-5-9, 10-5-12, 10-5-13 and 10-5-15 through 10-5-17 of this code, unless and to the extent such provisions are waived by the building officer and zoning officer. All references contained in the foregoing sections of this code to the term "subdivision" and to "subdivider" shall mean and include self-storage facilities within the B-1 district and the developer of the self-storage facility, respectively. To the extent the district regulations of the B-1 district are varied by the issuance of a special use for a self-storage facility, the applicant shall not be required to obtain a variance from the B-1 district regulations.

   D.   The plan commission shall forward its report and recommendations to the village board of trustees. The village board, after receipt of the report and recommendations of the plan commission shall review the special use application and supporting materials and make its findings with respect to the criteria set forth in subsection B of this section. If the village board votes to issue the special permit and after the special use permit is issued, the village clerk shall amend the official zoning map of the village to show the approved underlying zoning district and the number of the ordinance approving the special use permit. The village board may condition granting of the special use permit upon completion of the proposed improvements within the specified period of time. Failure to commence within that time period, unless an extension has previously been granted by the Village Board, shall entitle the Village Board to adopt an ordinance repealing the special use permit. (Ord. 00-5-7, 5-2-2000)

   E.   A small parcel special use may be granted in the B-1 Neighborhood Business District, provided that Village Board finds that the proposed development satisfies the criteria set forth below: (Ord. 03-8-22, 8-5-2003)

      1.   Applicable Requirements: All requirements of the B-1 Neighborhood Business District applicable to permitted uses in such district and all requirements regarding any improvements covered under the Riverwoods subdivision control ordinance or Building Code, including tree and woodland protection, sidewalks, streets, curbs, gutters, sanitary sewers, storm sewers, water lighting, landscaping, parking, retention/detention facilities, and standards for construction shall be applicable to the small parcel special use, except where such requirements are specifically modified by this section or the terms of an ordinance passed by the Village Board granting the small parcel special use. To the extent that any district regulations of the B-1 Neighborhood Business District are varied by the ordinance granting a small parcel special use, the applicant shall not be required to obtain a variance from the B-1 Neighborhood Business District regulations. (Ord. 03-8-22, 8-5-2003; amd. Ord. 18-03-05, 3-6-2018)

      2.   Authorized Uses For Small Parcel Special Use: Each property that is granted a small parcel special use shall be used only for the following principal uses:

            Limited restaurant.

            "Low intensity general office uses", herein defined to mean office uses typically not having more than one employee for every one hundred fifty feet (150') of usable square footage.

            Prepared food shop. (Ord. 16-10-19, 10-18-2016)

      3.   Maximum Area: The site area shall be less than three and one-half (31/2) acres. At the option of the Village Board, the site shall constitute a single lot of record under the Riverwoods subdivision control ordinance.

      4.   Landscape Buffers: Landscaped buffers, if feasible, are provided around the perimeter of the property, preferably exhibiting continuity throughout the development, to minimize the visual impact on any adjacent properties, particularly residential areas.

      5.   Stormwater Detention: Stormwater detention facilities are designed as a visual amenity for the project, wherever possible. (Ord. 03-8-22, 8-5-2003)

      6.   Exterior Elevations: The exterior elevations of new construction require the use of higher grade finishes, such as masonry, split face block, granite, marble, stone walls, glass, glazed cladding or architectural wall panels, and such elevations demonstrate an architecturally harmonious development throughout the entire site. (Ord. 16-10-19, 10-18-2016)

   F.   An application for a small parcel special use shall be made to the Plan Commission, in accordance with sections 9-11-9 and 9-11-10 of this title. The application shall also contain any other information requested by the Plan Commission or the Village Board necessary to reasonably clarify the proposal and its impact or economic feasibility. Such information may include, but not be limited to, any of the following:

      1.   A traffic and parking study by a qualified traffic engineer indicating the volume of traffic to be generated by the special use and required parking and proposing any special engineering design features, limits on the number or placement of curb cuts, or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the site.

      2.   Tax and fiscal impact study detailing the impact the special use will have on all applicable school districts and other taxing bodies; and estimates shall be made, as to the projected revenues and expenditures by the Village attributable to the development.

      3.   A conceptual landscaping planting plan, indicating the height, size, location, quantities and variety of plant materials; a lighting plan and such civil engineering plans or information on stormwater drainage as may be required by the Plan Commission.

      4.   An analysis of the marketability of the demand for proposed services or uses.

      5.   Architectural drawings, elevations and renderings depicting the design features of the development and a specifications list for materials and finishes.

   G.   1. The plan commission shall, within sixty (60) days of the filing, conduct a public hearing on the special use permit applicant in accordance with applicable statutes. Within a reasonable amount of time, usually within forty five (45) days after the adjournment of the public hearing, the plan commission shall submit in writing its finding of facts and recommendations to the village board and the applicant.

      2.   The village board, after receipt of the report and recommendations of the plan commission shall review the special use application and supporting materials and make its findings with respect to the standards set forth in subsection E of this section and section 9-11-9 of this title. The village board shall approve, approve with conditions and modifications or reject the special use application within a reasonable amount of time, usually within sixty (60) days after its next regular meeting following the receipt of the written recommendation of the plan commission. After the village board passes its ordinance authorizing the small parcel special use, the village clerk shall amend the official zoning map of the village to show the approved underlying zoning district and the number of the ordinance approving the special use permit. The village board may condition granting of the special use permit upon completion of the proposed improvements within the specified period of time. Failure to commence within that time period, unless an extension has previously been granted by the village board, shall entitle the village board to adopt an ordinance repealing the special use permit.

      3.   After the special use ordinance is passed, minor changes from the approved site development plan may be allowed without a public hearing, provided such changes are determined to be minor by the village board. A change shall not be considered minor if it includes any of the following:

         a.   A change in the use or character of the development.

         b.   An increase by more than one percent (1%) in the overall lot coverage of buildings or structures.

         c.   An increase in the density or intensity of use.

         d.   A relocation of any street, curb cut or intersection of more than ten feet (10') in a manner which would increase the problems of traffic circulation or public utilities, or which would cause a significant negative impact upon the buffer or open space scheme.

         e.   A reduction of more than one percent (1%) in approved open space.

         f.   A change in the arrangement or location of principal structures or uses by more than ten feet (10').

         g.   A reduction in total stormwater detention capacity or an increase in the design rate of stormwater discharge from the site.

         h.   A change in setbacks.

Changes in addition to or in excess of the limits described above shall be considered major changes and require submission of a new application which shall be processed and approved in the same manner as required for the original application.

      4.   No permit shall be issued for any construction pursuant to a special use until the developer posts with the village an irrevocable letter of credit running to the village in an amount sufficient to cover the full cost, including engineering, legal and inspection fees and costs, plus twenty five percent (25%) of such total, to ensure the satisfactory installation of all streets, sidewalks, curbs, gutters, sanitary sewers, storm sewers, water lighting, landscaping, parking, retention/detention areas and all other subdivision improvements. The cost of the improvements shall be based on confirmed estimates approved by the village engineer and the letter of credit shall be reviewed by the village attorney for conformance to village ordinances. (Ord. 03-8-22, 8-5-2003)

   A.   Lot Area: Each retail business or service use that is a permitted use in the B-1 neighborhood business district shall be located on a zoning lot containing no less than one acre (excluding the land lying within the right of way of any adjacent streets, roads and private easements for ingress and egress lying adjacent to such lot). (Ord. 00-5-7, 5-2-2000)

   B.   Lot Coverage: Not more than thirty five percent (35%) of the lot area of any lot shall be covered by buildings or structures. (Ord. 190, 3-19-1973)

As in R-1 districts. (Ord. 190, 3-19-1973)

   A.   Front Yard: All structures permitted in this district shall be set back from the front street line not less than eighty feet (80').

   B.   Side Yard: Where a lot is used for any of the purposes permitted in this district and is located at the intersection of two (2) or more streets, and where a residential district adjoins the rear of said lot, the side yard on the side of the lot adjacent to the street shall not be less than one hundred feet (100'), except that the buildable width of the lot shall not be reduced to less than fifty feet (50'). In all other cases a side yard is not required except on the side of a lot adjoining a residential district, in which case there shall be a side yard of not less than one hundred fifty feet (150'), exclusive of the screening easement of section 9-2-8 of this title. Parking shall be permitted in the side yards, but no closer than fifty feet (50') to the lot line nearest the residential district.

   C.   Rear Yard: There shall be a rear yard having a depth of not less than one hundred feet (100'), except on a lot adjoining a residential district, in which case there shall be a rear yard of not less than one hundred fifty feet (150') exclusive of the screening easement of section 9-2-8 of this title. (Ord. 190, 3-19-1973)

Drive-through facilities may be authorized as a special use in the B-1 neighborhood business district for banks, pharmacies and prepared food shops, subject to approval in accordance with the procedures and standards set forth in section 9-11-9 of this title (and article B of this chapter, in the case of a mixed use planned development). Drive-through facilities are commercial enterprises with unique qualities which differentiate them from other special uses and, as such, require the imposition of certain specific regulations intended to promote the public health, safety, comfort, morale and convenience by ensuring that such uses are compatible with neighboring property and only minimally impact the area roadway network. Drive-through facilities shall also meet the following special use standards:

   A.   Vehicular ingress and egress to and from the drive-through window or service area shall be provided on a site that has its address and primary driveway access on Milwaukee Avenue or Deerfield Road.

   B.   A prepared food shop shall be limited to one drive-through lane. Banks and pharmacies may have multiple drive-through lanes, if approved by the board of trustees.

   C.   Internal access interconnection with adjoining sites shall be provided wherever feasible as determined appropriate by the board of trustees to encourage the most optimum traffic movement and circulation pattern onto public roadways.

   D.   The drive lanes are separated from landscaped areas by a six inch (6") curb. The amount of stacking space for automobiles awaiting service shall be at least six (6) stacking spaces per cashier, teller, or similar employee transacting business directly with drive-through customers at any given time. The stacking spaces shall measure a minimum of nine feet (9') in width, as measured from the outermost point of any service window to the edge of the driveway, and eighteen feet (18') in length.

   E.   The drive-through facility shall be located and designed so that, when in use, it does not obstruct ingress or egress to the site, cause traffic to back into a street, obstruct access to required on site parking, loading spaces or garbage enclosures or become hazardous to pedestrians and cyclists. A safe and convenient pedestrian circulation system shall be maintained both on the zoning lot and on adjoining public rights of way.

   F.   All exterior lighting shall be inwardly directed so that no direct lighting is cast off premises or glares into or upon the surrounding area or any residential premises, and the drive-through facility shall be properly screened to prevent glare from vehicles passing through the service lanes.

   G.   The volume of intercom menu displays shall comply with village noise regulations.

   H.   The drive-through facility shall provide adequate on site outdoor waste receptacles (which provide separate containers for recyclable materials), and safeguards to ensure the operator provides daily litter cleanup of the facility.

   I.   As a condition of approving a special use for any drive- through facility, the board of trustees may restrict the hours of operation of the facility or establish other use limitations to ensure compatibility with surrounding land uses. (Ord. 16-10-19, 10-18-2016)

The purpose of a mixed-use planned development is to permit and encourage a more creative, imaginative and desirable approach to certain office, commercial and recreational developments than is generally possible under conventional zoning regulations through the employment of planned unit developments. By allowing greater flexibility in project design and by supporting the union of planning and development, these regulations seek to enhance the character of the village in accordance with the village's goals set forth in the comprehensive plan. The mixed-use planned unit development is more complex and of a different character than other special uses, requiring the establishment herein of specific and additional procedures, standards and exceptions to govern the recommendations of the village board. The mixed- use planned unit development procedure has the following among its objectives:

   A.   To promote flexibility in design and provide for greater variety in the type and location of structures and uses and to provide a procedure to integrate compatible and mutually supportive uses.

   B.   To promote the efficient use of land and facilitate a more economic arrangement of buildings, parking, vehicle circulation systems and utilities.

   C.   To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.

   D.   To combine and coordinate architectural styles, landscape design, building forms and building relationships with a possible mixing of different uses in an innovative design.

   E.   To provide a procedure which can relate the type, design and layout of the development to the particular site, thereby encouraging preservation to the greatest extent possible of the site's natural character, its landscape and topography.

   F.   To provide a procedure which can take notice of preexisting environmental conditions, especially for sites located on a former landfill, and to devise the most appropriate means of specifying the nature and type of construction and allowable uses in keeping with environmental clean-up objectives and the goal of avoiding any future leaching or migration of contaminants to off-site locations.

   G.   To provide for the prevention and control of soil erosion and surface flooding, by integrating control measures within the development of larger units of land which lie within the same tributary area.

   H.   To create a method for the preservation of common open space for the continuous use and enjoyment of the residents and users of the development.

   I.   To provide for more usable and suitably located recreational facilities, open space and other public and private facilities than would otherwise be provided under strict application of conventional zoning.

   J.   To encourage land use which promotes the public health, safety, comfort, morals and welfare. (Ord. 00-5-7, 5-2-2000)

   A.   The following retail uses involving the sale of goods, products or merchandise directly to the consumer or the provision of personal services directly to the consumer shall be permitted in a mixed use planned development, if they are included in the ordinance approving the final development plan. The enumerated list is not intended to be exhaustive, but any use not specifically enumerated must be approved by the board of trustees as a similar and compatible use in accordance with section 9-5B-15 of this article:

      Antique shops.

      Apparel and accessory stores.

      Appliance or equipment sales or repair stores.

      Art and school supply stores.

      Art galleries.

      Automobile dealerships and leasing agencies for new vehicles or used vehicles in conjunction with a new automobile dealership.

      Automobile parts stores.

      Bakeries.

      Banks, savings and loans, credit unions, and mortgage companies providing financial services.

      Barbershops and beauty parlors.

      Bicycle sales and repair stores.

      Book, video and audio sales and rental stores, including books, magazines, tapes, records, discs (analog and digital) and any form of electronic media for recording and reproducing words, sounds or images, provided such material is of a nonpornographic nature.

      Building materials and garden supply stores.

      Camera and photography supply stores.

      Candy confectionary, and ice cream stores (including frozen yogurt).

      Carpet and rug stores.

      Catalog showrooms.

      Catering establishments for the preparation, serving and delivery of meals or food items for consumption off premises at public or private functions.

      China and glassware stores.

      Coffee and tea stores (which may include incidental prepared food and beverages for consumption on or off the premises).

      Commercial indoor recreation facilities, such as swimming pools, tennis courts, skating rinks or bowling alleys or similar uses that are enclosed in buildings and are operated on a commercial or membership basis for patrons of a shopping center or for members.

      Computer sales and servicing stores.

      Convenience blueprinting, photocopying and printing or shipping establishments.

      Dance schools.

      Day spas that provide a range of beauty and fitness services.

      Department stores.

      Drop off dry cleaning and pressing establishments (provided the actual cleaning of dry goods occurs off premises).

      Electronic products stores.

      Fabric stores.

      Fish markets.

      Florist stores.

      Fruit and vegetable markets.

      Furniture stores.

      Furrier shops offering the storage or conditioning of furs.

      Gardening stores.

      Gift and card stores.

      Grocery stores (which may include the direct retail sale of food items such as meats, cereals, grains, produce, baked goods, dairy products, canned and frozen prepared food products, beverages, cleaning supplies, pet food and supplies, pharmaceuticals, over the counter medicines, personal products, magazines, plants and other sundry and similar items).

      Hardware stores.

Health and wellness stores offering products for sale at retail, which may include products containing cannabidiol; however, 1) a health and wellness store shall not sell products that are permitted to be sold only by a licensed cannabis dispensary or which require a tobacco license from the State of Illinois, and 2) a health and wellness store that offers products containing cannabidiol shall not give away or sell such products to any person under 18 years of age.

      Health clubs or exercise facilities.

      Hobby stores, not including video or computer game parlors or other uses intended to attract and provide commercial indoor recreation, amusement or entertainment; however, the term hobby store shall not include a 'licensed establishment' as defined in the Video Gaming Act of the State of Illinois.

      Home furnishings, including retail sale of drapery, bedding and curtains.

      Household appliance stores.

      Interior decorating stores.

      Jewelry/watch sales and repair stores.

      Leather goods and luggage stores.

      Lock and key service stores.

      Meat market or poultry stores (but no slaughter or stripping is permitted).

      Music schools.

      Musical instrument sales and repair stores.

      Office machine, service and supply stores.

      Optical stores.

      Orthopedic and medical appliance stores.

      Package handling services.

      Painting and decorating stores.

      Pharmacies.

      Photography or artist studios.

      Picture framing stores.

      Plumbing supply and fixture stores.

      Restaurants (without drive-through facilities, and only a destination restaurant shall be allowed in any freestanding restaurant building).

      Retail clothing stores.

      Retail shoe stores.

      Sales centers for mobile or wireless telecommunications carriers.

      Shoe, hat and leather repair stores.

      Sporting goods stores.

      Stationery stores.

      Tailor and dressmaking stores.

      Toy stores.

      Travel bureaus.

      Upholstery repair stores.

   Notwithstanding the above listed uses, automobile repair and body shop establishments, including, but not limited to, muffler shops, oil change shops, car care centers, tire centers and other uses similar in nature or impact, are not authorized under this subsection, nor are drive-through facilities of any kind authorized except pursuant to subsection B of this section. Except for accessory off street parking and loading, all of the uses authorized by this subsection shall be conducted within a building, unless otherwise authorized in the ordinance approving the final development plan.

   B.   In the ordinance approving the final development plan, the village board of trustees may approve the following additional uses, but in each case, the board shall make specific findings that the standards of section 9-11-9 of this title have been satisfied:

      Automobile service station with convenience store. An automobile service station shall have as its principal use the dispensing and retail sale of automotive fuels or oils and convenience automotive goods and may include, as an accessory use, a convenience store offering primarily food and beverages. Notwithstanding the foregoing, an automobile station may also provide electrical recharging of automotive batteries and, as and when electrical vehicles become more prevalent, such recharging activity and accessory facilities for customers may become the principal use. No outside storage or display of merchandise shall be permitted on such premises except as expressly authorized in the ordinance authorizing approval of this use as part of a mixed use planned development.

      Cannabis dispensary. A special use permit authorizing a cannabis dispensary shall be revocable at any time that such dispensary fails to comply with the requirements for a cannabis business license as set forth from time to time in this code. As part of the special use permit process, the board may impose conditions related to restrictions on hours of operation, site and interior lighting, site landscaping, parking, loading facilities, building security, and other site and building-specific conditions for a cannabis dispensary. The board may defer or condition final approval of a special use permit until administrative rules for the oversight of cannabis dispensaries are promulgated by relevant state agencies.

      Daycare centers.

      Destination restaurant. For purposes of a mixed use planned development, a "destination restaurant" means a full service establishment providing an upscale restaurant experience, in which the principal use is the service of prepared food and beverages for consumption on the premises. For a restaurant to be considered a destination restaurant under this article: 1) all flatware and dishware used in the service of meals shall be nondisposable, 2) the restaurant shall require customers to order when seated and to be served at table by waitstaff, and 3) the project site plan and quality of building materials and design shall exhibit exceptional adherence to the purposes and objectives of this article, in particular the standards set forth in section 9-5B-11 of this article. Other characteristics of a destination restaurant may include wine service available by the glass and bottle and the availability of private meeting/dining rooms or banquet rooms. Limited delivery or carryout service shall be permitted as an accessory use or as a courtesy to seated customers at the conclusion of their meals.

      Drive-through lanes for a bank or similar financial institution or for a pharmacy or a drive-through lane for a prepared food shop. Drive-though facilities in a mixed use planned development shall conform to the requirements for such facilities generally as set forth in article A of this chapter, except as modified by any ordinance granting a special use for a mixed use planned development.

      General and professional offices.

      Hotels (which may have enclosed destination restaurants).

      Licensed establishment, as defined in the Video Gaming Act of the State of Illinois, which offers video gaming terminals for play, provided that such use will remain subject to all limitations specified in the liquor license issued for such establishment.

      Religious institutions as defined in section 9-2-3 of this title.

      Self-storage facility with no outside storage and with all indoor storage to be climate controlled. The facility shall have an on site, staffed customer office open during business hours. The building shall have no more than three (3) stories in height or approximately thirty five feet (35') in height to top of a flat roof (not counting roof mounted HVAC units or elevator parapets).

      Tobacco stores, provided smoking rooms are not allowed.

      Uses devoted to village facilities, public facilities, or such other public or village uses as the board may from time to time direct.

   C.   The determination of the granting of a special use for a mixed use planned unit development is intended to offer fixed and durable guidelines as regards the overall site plan and architectural design approval (and, after approval of the final development plan, the site plan and architectural design are not intended to be easily or quickly modified, but rather require a full review of all changed circumstances and conditions as would warrant, in the discretion of the village board of trustees, granting such modification). However, the enumerated retail businesses and services in the special use ordinance approving the final development plan will be of a more conditional character and subject to revocation as provided in section 9-5B-14 of this article. Retail business and service uses that are found to be similar and compatible to those specifically enumerated in subsection A of this section may be approved by the village board in the ordinance approving the final development plan or by subsequent ordinance at any regularly scheduled meeting of the board. A request to consider whether a proposed, new retail business and service use is in fact similar and compatible to those specifically enumerated in subsection A of this section shall be sought in accordance with the procedures described in section 9-5B-15 of this article. The terms "floor area ratio" or "FAR", and "impervious surface ratio" or "ISR", for purposes of this article, shall have the same meanings as given in subsection 9-5C-3C of this chapter. (Ord. 05-7-14, 7-19-2005; amd. Ord. 16-02-01, 2-2-2016; Ord. 16-10-19, 10-18-2016; Ord. 20-01-01, 1-7-2020; Ord. 21-11-22, 11-2-2021; Ord. 22-01-02, 1-18-2022)

Each mixed use planned development shall consist of a minimum of three and one-half (31/2) acres. (Ord. 00-5-7, 5-2-2000)

The lot area of each zoning lot shall not be less than one acre (excluding the land lying within the right of way of any adjacent streets, roads and private easements for ingress and egress lying adjacent to such lot). (Ord. 00-5-7, 5-2-2000)

The maximum lot coverage of all principal and accessory buildings, including parking structures, in a mixed use planned unit development, shall be determined on an individual lot basis, but foundation plantings and site landscaping for the entire site shall be coordinated and implemented following a comprehensive landscape plan and the design standards set forth in section 9-5B-11 of this article. (Ord. 05-7-14, 7-19-2005)

The maximum impervious surface ratio, in a mixed use planned unit development, shall be determined on an individual site basis. (Ord. 05-7-14, 7-19-2005)

The floor area ratio of all principal and accessory buildings, including parking structures, in a mixed use planned development shall be determined on an individual site basis. (Ord. 00-5-7, 5-2-2000)

The height of all principal and accessory buildings, including parking structures, in a mixed use planned development shall be determined on an individual site basis but shall not exceed forty five feet (45'). (Ord. 00-5-7, 5-2-2000)

The following yards shall be provided and maintained in a mixed use planned development:

   A.   Front, Side And Rear Yards:

      1.   Buildings: All buildings, including parking structures, shall be set back from the front lot line or side lot line abutting either a roadway right of way or private street a minimum of sixty feet (60'). All buildings, including parking structures, shall be set back from the rear lot line a minimum of forty feet (40'), but the setback from the rear lot line shall increase to one hundred feet (100') if the area adjacent to the rear lot line of the planned development is a residential district.

      2.   Parking: All surface off street parking and loading areas shall be set back from the front lot line or side lot line abutting either a roadway right of way or private street a minimum of forty feet (40'). All surface off street parking and loading areas shall be set back from the rear lot line a minimum of forty feet (40') but the setback from the rear lot line shall increase to one hundred feet (100') if the area adjacent to the rear lot line of the planned development is a residential district. Notwithstanding the foregoing surface off street parking setbacks, the board of trustees shall have the right to reduce the setback from any front lot line or side lot line to less than forty feet (40') but not less than thirty five feet (35') in any instance when the surface off street parking setback provided from the rear lot line is greater than forty feet (40').

   B.   Interior Side Yards:

      1.   Buildings: All buildings, including parking structures, shall be set back from each interior side yard line a minimum of thirty feet (30') plus one foot (1') for every three foot (3') increase in building height over sixteen feet (16') in height from the perimeter lot line.

      2.   Parking: All surface off street parking and loading areas shall be set back from each interior side yard line a minimum of five feet (5'). (Ord. 02-8-23, 8-6-2002)

   C.   Modifications: Notwithstanding the minimum yard requirements generally applicable to mixed use planned developments, the board of trustees may modify one or more of such minimum yard requirements in the ordinance approving the final development plan if it finds that such modifications will better effectuate the purposes of a mixed use planned development and the design standards set forth in section 9-5B-11 of this article. (Ord. 05-7-14, 7-19-2005)

The off street parking and loading requirements shall be determined on an individual site basis. (Ord. 00-5-7, 5-2-2000)

A mixed use planned development in the B-1 neighborhood business district may be authorized by the village board only by ordinance as a special use, provided the village board finds that the proposed development satisfies the criteria set forth in this section in addition to the criteria set forth in section 9-11-9 of this title. A mixed use planned development shall be governed by the regulations of the B-1 neighborhood business district, except as provided in this article and as modified by the ordinance approving the mixed use planned development. (Ord. 00-5-7, 5-2-2000)

   A.   The mixed use planned development shall have frontage on Milwaukee Avenue. (Ord. 16-02-01, 2-2-2016)

   B.   The natural topographic and landscape features of the site are preserved and incorporated into the development, wherever possible.

   C.   Landscaped buffers are provided around the perimeter of the property, preferably exhibiting continuity throughout the development, to minimize the visual impact on any adjacent properties, particularly residential areas.

   D.   The buildings on the site are oriented in a manner that creates a harmonious development and minimizes the visual impact on any adjacent residential areas.

   E.   Stormwater detention facilities are designed as a visual amenity for the project, wherever possible.

   F.   The exterior elevations of the buildings require the use of higher grade finishes, such as masonry, split face block, granite, marble and stone walls and pitched or mansard roofs or flat roofs that have decorative parapet walls; the exterior elevations demonstrate an architecturally harmonious development throughout the entire site. (Ord. 00-5-7, 5-2-2000)

   G.   Lighting standards on the property conform to the requirements of the residential outdoor lighting ordinance (title 5, chapter 6 of this code) except where otherwise recommended by the plan commission. (Ord. 06-9-20, 9-19-2006)

   H.   Preservation of natural areas and installation of new landscaping are proposed in accordance with a comprehensive landscape plan for the site which foster an aesthetically pleasing development that will protect and preserve the appearance, character, general health, safety and welfare of the community. (Ord. 00-5-7, 5-2-2000)

   I.   The signs in the development conform to the applicable regulations for signs set forth in the Riverwoods sign ordinance, except as such regulations are modified in the ordinance approving the final development plan. (Ord. 05-7-14, 7-19-2005)

   A.   Procedures: Applications for a mixed use planned development shall be made to the plan commission, in accordance with sections 9-11-9 and 9-11-10 of this title, but in addition shall be subject to the special procedures set forth in this section and sections 9-5B-13 through 9-5B-15 of this article.

   B.   The Applicant: The applicant for a mixed use planned development shall be either all of the owners of record of the property which comprises the site or the contract purchaser, with consent of all owners, provided that the application shall be submitted in the name of the owner of record; and that the party petitioning for the mixed use planned development shall disclose his interest in the property, such as an equitable interest via a purchase contract for all or a portion of the property in question.

   C.   Preapplication Conference:

      1.   The applicant shall be encouraged to request a preapplication conference with village officials and staff, such as the building official, village attorney and village engineer. The purposes of such conference shall be for the applicant to furnish information as to the location, size and uses in the proposed development and a list of all requested modifications to the subdivision code and zoning ordinance.

      2.   Following the conference, the building official will inform the applicant of the results of the preliminary review and of the information, materials and documentation that must be submitted for a formal application.

      3.   At the time of the initial preapplication conference, the village shall furnish the applicant with an estimate of the costs and fees to be incurred by the village for legal, engineering, planning and other review or the proposed project by the village's attorneys, engineers, planners and other consultants, and the applicant shall make monthly cash deposits into an escrow account to be established and maintained by the village for the payment of such costs and fees.

   D.   Preliminary Site Plan:

      1.   Upon completion of the preapplication procedure, the applicant may then make formal application to the village board requesting a special use permit for a mixed use planned development on forms provided by the village, and including copies of a preliminary site plan containing the information required by the village subdivision ordinance. This preliminary site plan shall be the subject of a public hearing before the plan commission, as regulated in section 9-11-9 of this title. The application shall also contain any other information requested by the plan commission or the village board necessary to reasonably clarify the proposal and its impact or economic feasibility. Such information may include, but not be limited to, any of the following:

         a.   A traffic study by a qualified traffic engineer indicating the volume of traffic to be generated by the mixed-use planned development and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the site.

         b.   Tax and fiscal impact study detailing the impact the mixed- use planned development will have on all taxing bodies; and estimates shall be made, as to the projected revenues and expenditures by the village attributable to the development.

         c.   A conceptual landscaping planting plan, indicating the height, size, location, quantities and variety of plant materials.

         d.   An analysis of the marketability of the demand for proposed services or uses.

         e.   Architectural drawings, elevations and renderings depicting the design features of the development and a specifications list for materials and finishes.

         f.   Preliminary civil engineering analysis of issues related to surface storm water drainage and management and flood plain and floodway elevations.

      2.   The village clerk shall forward one copy of the preliminary site plan and special use permit documents to each of the following persons within ten (10) working days of receipt thereof from the applicant: village president and trustees, all members of the plan commission, the village engineer, the village planner and the village attorney. The balance of the copies of the documents shall be held on file by the village clerk for use by other public officials as may be required.

      3.   The plan commission shall, within sixty (60) days of the filing, conduct a public hearing on the special use permit application in accordance with applicable statutes.

      4.   Within a reasonable amount of time, usually within forty five (45) days after the adjournment of the public hearing, the plan commission shall submit in writing its finding of facts and recommendations to the village board and the applicant, based on the standards set forth in this article.

      5.   The board of trustees shall approve, approve with conditions and modifications or reject the preliminary site plan within a reasonable amount of time, usually within sixty (60) days after its next regular meeting following the receipt of the written recommendation of the plan commission.

         a.   If the preliminary site plan is not approved, the village board may state in writing the reasons for the decision and such writing, if prepared, shall be filed with the village clerk, and a copy shall be sent to the applicant.

         b.   If the preliminary site plan is approved or approved with conditions and modifications, the village board shall authorize the applicant to submit a final development plan for the mixed-use planned development.

   E.   Final Development Plan:

      1.   Within one year following the approval of the preliminary site plan, the applicant shall file with the village a final development plan containing, in final form, the information required in the preliminary site plan and additional information required by the village subdivision ordinance 1 .

      2.   The plan commission shall review each final development plan with regard to the plan's conformance to the approved preliminary site plan and to the final development plan requirements, and shall submit its report and recommendations to the village board, usually within forty five (45) days.

      3.   Minor changes from the approved preliminary site plan may be allowed in the final development plan without a public hearing, provided such changes are determined to be minor by the village board. A change shall not be considered minor if it includes any of the following:

         a.   A change in the use or character of the development.

         b.   An increase by more than one percent (1%) in the overall coverage of structures.

         c.   An increase in the density or intensity of use.

         d.   A relocation of any street, curb cut or intersection of more than ten feet (10') in a manner which would increase the problems of traffic circulation or public utilities, or which would cause a significant negative impact upon the buffer or open space scheme.

         e.   A reduction of more than one percent (1%) in approved open space.

         f.   A reduction in off-street parking and loading spaces.

         g.   A reduction in required pavement widths.

         h.   A change in the arrangement or location of principal structures or uses by more than ten feet (10').

         i.   A reduction in total storm water detention capacity or an increase in the design rate of storm water discharge from the site.

         j.   A change in setbacks, FAR or ISR.

Changes in addition to or in excess of the limits described above shall be considered major changes and require submission of a new application which shall be processed and approved in the same manner as required for the original application.

      4.   The village board, after receipt of the report and recommendations of the plan commission shall review the final development plan. If the final development plan is held to be not in substantial conformance with the preliminary site plan or in conformance with the final development plan requirements, the village board shall inform the applicant of the specific areas found deficient. The applicant may request from the village board an extension of time to bring each final development plan into conformance and to complete the requirements, or may request a new public hearing under the procedures established for approval of a preliminary site plan. If the final development plan is determined to be in substantial conformance with the approved preliminary site plan and in conformance with the final development plan requirements, the village board may authorize by ordinance the granting of a special use for a mixed-use planned development. To the extent the regulations of the B-1 neighborhood business district are modified by the ordinance authorizing the mixed- use planned development, the applicant shall not be required to obtain a variance from the zoning board of appeals. The village board may condition granting the special use upon compliance with the specific elements of "Project Documents" to be referenced in the ordinance approving the special use, including the final development plan, landscaping plan, storm water management plan, elevation drawings and similar project documents.

      5.   Upon approval of the special use, the village clerk shall amend the official zoning map of the village to show the approved underlying zoning district, the number of the ordinance approving the granting of a special use for the mixed-use planned development. (Ord. 00-5-7, 5-2-2000)

After the approval of the final development plan, the use of land and construction, modification or alteration of any buildings or structures within the mixed-use planned development will be governed by the approved final development plan and all applicable village ordinances not specifically waived in the ordinance granting the mixed-use planned development. In addition, the following conditions apply to the construction pursuant to a mixed-use planned development:

   A.   Construction in accordance with the final development plan shall commence within one year. Failure to commence within that period shall, unless an extension has been granted by the board of trustees according to subsection B of this section, shall entitle the village board to adopt an ordinance repealing the special use for the mixed-use planned development, thereby rendering null and void the final development plan and all prior plan approvals upon which final plan approval depends, including all permits based on such approvals.

   B.   The village board may extend the time limit for the commencement of construction as follows: If a delay, or anticipated delay, is caused by governmental action without fault on the part of the developer, an extension may be granted for a period not longer than the period of the governmental delay. For good cause shown, an extension may be granted for such period of time as the village board deems appropriate.

   C.   No permit shall be issued for any construction for a mixed- use planned development until the developer posts with the village an irrevocable letter of credit running to the village in an amount sufficient to cover the full cost, including engineering, legal and inspection fees and costs, plus twenty five percent (25%) of such total, to ensure the satisfactory installation of all streets, sidewalks, curbs, gutters, sanitary sewers, storm sewers, water lighting, landscaping, parking, retention/detention areas and all other subdivision improvements. The cost of the improvements shall be based on confirmed estimates approved by the village engineer and the letter of credit shall be reviewed by the village attorney for conformance to village ordinances. (Ord. 00-5-7, 5-2-2000)

If any particular use that has been authorized as a special use in the mixed-use planned development shall adversely affect the health, safety, morals and welfare of the residents of the village of Riverwoods or prove to be incompatible with the character and uses of the remaining portion of the mixed- use planned development or the character and uses of the surrounding property or the goals and objectives of the comprehensive plan of the village, then the village president and board of trustees, in the exercise of their discretion, upon reasonable written notice to the affected owners and tenants, may adopt an ordinance revoking the special use granted as to that particular incompatible use. (Ord. 00-5-7, 5-2-2000)

If an owner of property within the tract designated as a mixed-use planned development desires to obtain approval for a special use that is not currently designated in section 9-5B-2 of this article, the proposed new special use shall be submitted to the building official with such other information as may be requested, including, but not limited to, such information as the building official might have requested in connection with the initial granting of a special use for a mixed-use planned development. The building official shall forward such owner's request to the village board for consideration, without further public hearing or other formal procedures, if the building official determines that such use appears to be similar and compatible to those specifically enumerated and allowed as permitted uses or special uses in the B-1 neighborhood business district. The village president and board of trustees shall have authority to determine whether a proposed, new retail business and service use is in fact similar and compatible to those specifically enumerated and allowed as permitted uses or special uses in the B-1 neighborhood business district. Approval of a retail business or service use other than those specifically enumerated as a permitted use or special use in this article shall be stated in an ordinance granting such special use. (Ord. 00-5-7, 5-2-2000)

A tract of land to be developed as a mixed-use planned development shall be constructed and maintained under common ownership or control. Documentation reflecting how the mixed- use planned development will be maintained under common ownership or control shall be submitted at the time of application for the special use. The documents shall include, but not be limited to, a declaration of covenants, conditions, restrictions and easements or reciprocal cross-easement agreement or instruments of like import clearly defining the shared maintenance of common open spaces and detention/retention areas and other utilities within the development, shared/cross access and parking agreements, common design elements including integration of common architectural themes and active and passive open space and landscape areas. Approval of the mixed-use planned development shall be subject to review of these documents by the plan commission and the village attorney and approval by the village president and board of trustees. Prior to the completion of the buildings and other improvements within each of the zoning lots and/or phases comprising the mixed-use planned development, including the village engineer's acceptance of all subdivision improvements with such zoning lot and/or phase, the owner or owners of such zoning lot or phase shall not convey any portion thereof without first obtaining the approval of the village president and board of trustees. Any conveyance of any portion of a zoning lot or phase within the mixed-use planned development in violation of the preceding restriction shall, by the fact of such conveyance itself, constitute a termination of the rights granted under the special use for construction on such zoning lot or phase of the mixed-use planned development. (Ord. 00-5-7, 5-2-2000)

The purpose of the O and R1 office district one is to govern the location and development of low intensity office research uses in various parts of the village. The area and bulk requirements of this article are intended to permit low intensity office and research in such a way as to enhance and protect the woodland character of the village. The district is intended as a transitional district providing a buffer between residential districts and the following major streets: Lake-Cook Road, Milwaukee Avenue, Deerfield Road and Saunders Road. (Ord. 83-12-13, 12-5-1983; amd. Ord. 01-8-23, 8-7-2001)

   A.   Offices: Corporate, general, medical, business, professional or governmental offices. No merchandise shall be handled for sale, or merchandise services rendered on the premises, except such as are incidental or accessory to the principal permissible use of the premises. No portion of any lot shall be used for open or unenclosed storage.

   B.   Research Laboratories: The operations and activities of such uses shall be conducted wholly inside a building or buildings, and no use shall emit odors, gas, dust, smoke, lighting, radioactivity, nuclear radiation or any other effects to an extent offensive, objectionable or dangerous to any surrounding or nearby properties. No merchandise shall be handled for sale, or merchandise services rendered on the premises, except such as are incidental or accessory to the principal permissible use of the premises. No portion of any lot shall be used for open or unenclosed storage.

   C.   Restaurants And Employee Cafeterias: This use shall be designed and built as an integral part of a building whose primary use is in subsection A or B of this section and limited to employees only. In no event shall such a use constitute more than ten percent (10%) of the building in which it is located. Any such use available to the general public shall be required to obtain a special use permit pursuant to section 9-11-9 of this title.

   D.   Health Clubs: Such clubs shall be limited to exercise, physical facilities for pool, track or court games and supporting dressing and office activities. All such facilities, with the exception of tennis courts and jogging or fitness trails, shall be in a building primarily devoted to uses in subsection A or B of this section. No more than ten percent (10%) of any building may be devoted to such uses and shall be limited to the use of employees only. Any such use available to the general public shall be required to obtain a special use permit pursuant to section 9-11-9 of this title.

   E.   Conference Center: When a conference center is a part of uses in subsection A or B of this section, it shall be permitted as an accessory use in separate buildings. Such conference centers may contain conference areas, entertainment areas, kitchen facilities, and temporary living quarters for corporate executives and guests. No such facility shall exceed ten thousand (10,000) square feet in total area, nor shall its living quarters be occupied for more than four (4) consecutive days or for more than forty percent (40%) of the time in any calendar year.

   F.   Governmental Facilities: Governmental facilities for libraries, police and fire stations, stormwater management, and other public or village uses shall be a permitted use when approved by the village board. The regulations and standards in this chapter that would normally be applicable to permitted uses, including intensity and bulk requirements, yard requirements, off-street parking and loading, landscaping, bufferyard requirements, site access, signage, and exterior lighting, shall be under the direction of the village board in the case or a governmental facility and may be modified by the village board.

(Ord. 83-12-13, 12-5-1983; amd. Ord. 24-09-13, 9-3-2024)

Religious institutions. (Ord. 03-6-9, 6-3-2003)

   A.   Intensity And Bulk Requirements:

 

 

   B.   Minimum Site Area:

      1.   Site Area: The minimum site area for O and R1 uses shall be five (5) acres. Sites shall be single or multiple lots controlled for development by a single interest. No property shall be subdivided unless the subdivision fully complies with the subdivision code (title 10 of this code) and all other applicable code provisions.

      2.   Lot Area: The average lot size shall be eighty thousand (80,000) square feet.

   C.   Floor Areas And Impervious Surface: The maximum floor area ratio (FAR) and impervious surface ratio (ISR) shall be governed by subsection A of this section.

      1.   Floor Area Ratio (FAR): The floor area ratio (FAR) is the total of all usable floor area of the buildings divided by the site area in accordance with the following formula:

         FAR = fa
            s

      Where:   FAR = floor area ratio

         fa = area of all floors of the building(s), as defined below

         s = site area, the actual area of the site, minus all flood ways, or land within the existing road right of ways.

      2.   Floor Area: For purposes of this chapter, "usable floor area" shall be defined as the sum of the gross horizontal areas of the several floors of a building or structure, measured from the interior faces of the interior walls, or from the interior line of walls separating two (2) buildings or structures, including the following:

         a.   Floor area of the basement, if it is used for other than storage.

         b.   Penthouses, other than that area used for mechanical equipment.

         c.   Attics having headroom of seven feet (7') or more.

         d.   Accessory storage areas located within working spaces, such as counters, racks or closets, or storage used in the conduct of the business or used and calculated in the gross leasable area for multi-tenant buildings.

         e.   Space devoted to the production of goods, or to business or professional offices.

The "usable floor area" shall not include:

         a.   Elevator shafts and stairwells on each floor.

         b.   Floor spaces and shafts used for mechanical, telephone and electrical equipment.

         c.   Attics having headroom of less than seven feet (7').

         d.   Areas used for storage, except as required by d above.

         e.   Space devoted to off-street parking or loading facilities.

         f.   Entrance lobbies and atrium-type areas.

         g.   Washrooms intended for general public use.

         h.   Mechanical penthouses.

         i.   Interior balconies and mezzanines.

         j.   Enclosed porches.

      3.   Impervious Surface Ratio (isr): The impervious surface ratio is the area covered by buildings, parking, drives, aisles, loading areas, patios or other paved areas, divided by the site area in accordance with the following formula:

         isr = Ab + Ap + Al + Ao
               S

      Where:   isr = impervious surface ratio.

      Ab = building area, the area covered by buildings from the maximum outside dimensions.

      Ap = parking areas, all areas used for loading or access to those areas.

      Al = loading areas, all areas used for loading or access to those areas.

      Ao = other areas, all other paved areas, including patios, walks, entryways, etc.

      S = site area, the actual area of the site, minus all areas of floodways, or the existing road right-of-ways.

   A.   Front Yards. All yards in the O & R1 District which front on Lake-Cook, Saunders, Deerfield, Milwaukee or Portwine Roads shall have a minimum depth of one hundred feet (100'), of which at least eighty feet (80') shall consist of a bufferyard. Such yards shall be measured from the right-of-way line.

   B.   Setbacks. All buildings shall have a setback from the property lines and the right of way of the roads mentioned in subsection A above of one hundred feet (100'). All buildings shall have a setback of at least twenty feet (20') from internal street or property lines created by subdivision of the original zoned property.

   C.   Bufferyards. The exterior of all areas zoned O & R1, other than defined front yards, shall be planted in a sixty foot (60') bufferyard. There shall be no parking or drives permitted in the bufferyards. Access roads may cross the bufferyards where required for access, but shall be oriented to minimize the areas consumed by such crossings.

   A.   Off-Street Parking. In addition to the provisions of Chapter 10 of Title 9, the following shall apply: Whenever any building is erected for any of the uses permitted in this District, parking spaces shall be provided on the lot or in the building to accommodate three (3) cars for each one thousand (1,000) square feet of usable floor area, as defined in Section 9-5C-3. One space per four hundred (400) square feet may be permitted subject to Village approval, provided the site plan provides for the location of additional spaces to reach the three (3) spaces per thousand (1,000) square feet minimum, and provided a covenant appears on the plat requiring the property owners to begin installation of said additional parking within ninety (90) days of notice by the Village.

   Off-street parking in an O & R1 Office and Research District shall meet the following requirements as to size:

   A required off-street parking space shall be at least nine feet (9') in width and at least eighteen feet (18') in length, exclusive of access drives, aisles, ramps and columns. Up to twenty five percent (25%) of the stalls may be eight feet (8') in width and at least fifteen feet (15') in length, exclusive of access drives, aisles, ramps and columns, if such areas are designated for compact cars.

   The minimum width of the driving lane between parking stalls shall be:

 

 

   B.   Off-Street Loading. Loading spaces and docks are not required for normal deliveries of mail, office supplies, office equipment or furniture. Where regular deliveries of research materials, merchandise, products or supplies occur, or where trucks or trailers would be parked for overnight or for several hours (except for moving in tenants), off-street loading spaces shall be provided.

      1.   Number. The minimum number of loading spaces accessory to buildings, structures, and uses hereafter erected, structurally altered, or enlarged, in the O & R1 District shall be in accordance with the following schedule:

 

 

   Structures or uses having less than twenty thousand (20,000) square feet of floor area shall provide receiving facilities accessible by motor vehicles off an adjacent alley, service drive or other space on the same zoning lot.

      2.   Size. A required loading space shall be at least ten feet (10') in width and at least twenty five feet (25') in length, and shall have a vertical clearance of not less than fifteen feet (15').

      3.   Variations. Notwithstanding any other provision of this Chapter, variation of loading requirements specified in this Section may be permitted, subject to the approval of the Zoning Board of Appeals.

      4.   Plan Commission Review. Design, circulation and landscaping of loading areas shall be subject to review by the Village Plan Commission to insure they are fully screened from general public view.

   C.   Storage of Garbage and Trash. All garbage cans, trash containers and other storage devices situated on any property shall be concealed or suitably screened from public view. All garbage cans, trash containers and other garbage storage devices shall be emptied and the contents thereof properly disposed of not less than once every seven (7) days.

In the O & R1, Office & Research District One, more than one building or structure may be constructed on a parcel or tract of land, or on a lot (as defined in Section 9-2-3 hereof) and/or "subdivision" lots (as defined in Section 1-5 of Title 10 of the Village Code), provided that no property shall be subdivided unless the subdivision fully complies with the Subdivision Code (Title 10) and all other applicable provisions.

The definitions, regulations and standards contained in Section 10-1-5, 10-1-9, 10-2-3-6-H and I, 10-5-3, 10-5-4, 10-5-5, 10-5-6, 10-5-7, 10-5-8, 10-5-9, 10-5-12, 10-5-13, 10-5-15, 10-5-16 and 10-5-17 of the Village Code shall apply to all projects within the O-R1 District, unless waived by the Village Engineer upon approval by the Building Officer and Zoning Officer. All references contained in the preceding sections to the term "subdivision" shall mean and include projects within the OR-1 District. Similarly, all references in said preceding sections to subdivider shall mean and include developers within the OR-1 district.

For the purposes of this Chapter, Section 10-5-7-J is amended to include the following additional sentence to appear at the end of the second paragraph of said section:

In the event that the Village Engineer determines that downstream channel capacity is inadequate, a lower release rate may be required.

   A.   Woodlands. Woodlands are areas greater than ten thousand (10,000) square feet covered by trees with generally interlocking canopies, where the canopy trees have a diameter at breast height (DBH) of at least six inches (6"). Woodland areas shall be protected and preserved by limiting clearing and the cutting of trees within woodland areas. No more than fifteen percent (15%) of its trees shall be cut or destroyed. Where the full width of a bufferyard is within a woodland, those buffer areas shall be exempt from the buffer planting requirements.

   B.   Floodways. No areas of regulatory floodway as defined in Section 9-2-3 shall be cleared or altered in any way, nor shall any such area contribute to the calculation of floor area ratio (far) or impervious surface ratio (isr) to determine the intensity of development on the site.

   C.   Landscaping. In order to be compatible with or promote the wooded character of the Village, all areas not covered by impervious surfaces shall be landscaped in a manner that will promote the establishment of natural wooded areas. The following minimum standards shall be followed:

      1.   The bufferyards required by Section 9-5C-4 shall be landscaped so that eighty percent (80%) of their area is in natural plantings. No more than twenty percent (20%) of the total area may be in water features, unless waived by the Village Engineer upon approval by the Building Officer and the Drainage Officer. Berms shall be installed so that parking areas are screened from views by either berms or natural plantings. A minimum of the following plant material shall be planted for every acre of bufferyard:

         Option 1.

            10 canopy or evergreens (6 inch caliper)*

            4 canopy or evergreens (4 inch caliper)*

            40 canopy or evergreens (2 inch caliper)*

            6 understory trees (2.5 inch caliper)*

            40 canopy trees (5 foot height)

            10 understory (3 foot height)

            100 shrubs (2 foot height)

         Option 2.

            4 canopy or evergreens (6 inch caliper)*

            8 canopy or evergreens (4 inch caliper)*

            20 canopy or evergreens (3 inch caliper)*

            10 understory trees (2.5 inch caliper)

            220 canopy trees (5 foot height)

            40 understory trees (3 foot height)

            200 Shrubs (2 foot height)

         Option 3.

            2 canopy or evergreen (6 inch caliper)*

            8 canopy or evergreen (4 inch caliper)*

            20 canopy trees or evergreen (3 inch caliper)*

            20 canopy trees or evergreen (2 inch caliper)*

            12 understory trees (2.5 inch caliper)*

            80 canopy or understory trees (5 foot height)

            40 understory trees (3 foot height)

            100 shrubs (2 foot height)

            *Evergreens' equivalent height in feet of inches caliper.

               (14-16' = 6", 12' = 4", 10' = 3", 7-8' = 2".

      2.   All other landscaped areas shall have an average of at least ten (10) trees (any combination of canopy trees of four inch [4"] caliper or evergreens of twelve foot [12'] height) per acre.

      3.   Existing trees located on the property and preserved as part of the landscape shall count on a one for one basis for the required material.

   D.   Natural Areas. Natural areas are those portions of the bufferyards that are planted with canopy trees, understory trees and shrubs interbedded to form a planting arrangement with all three (3) heights of plant material intermixed. The ground cover may be bark or wood chips, natural unmowed grasses, flowers or ground covers. These areas shall contain at least eighty percent (80%) of the required plant material of the bufferyard total plant material.

   E.   Water Features. Water features are areas with a permanent pool of water. These areas may be decorative and they may also provide for required stormwater detention. Such features shall have their edges landscaped with rock, stone, emergent littoral vegetation or other materials that will prevent shoreline erosion or exposure of bottom areas during low water periods.

Access to use in the O & R1 District shall be limited to Lake-Cook Road, Milwaukee Avenue, Deerfield Road, Saunders Road or streets within the O & R1 District. In no event shall any such use take access to Portwine Road or direct traffic through a residential street to Portwine Road. Access on each major street (Lake-Cook, Milwaukee, Saunders or Deerfield) shall be controlled as follows:

   A.   Sites with site areas of more than fifty (50) acres shall be permitted one access on each major street on which they have a minimum of five hundred feet (500') of frontage. Additional access points may be permitted where it would improve traffic flows, permit shared access or reduce congestion.

   B.   Sites with site areas of twenty five (25) to fifty (50) acres shall be permitted a single access to the major streets, unless specifically required to do otherwise by the Village.

   C.   Sites with site areas of less than twenty five (25) acres shall be permitted a single access or required by the Village to minimize curb cuts. A traffic analysis shall be submitted to the Village Engineer in this regard.

   D.   The Village Plan Commission may recommend an overall circulation plan covering several properties. Such a plan may require the sharing of access locations, or temporary access. All landowners, except those with a previously approved plat, shall conform to such a plan once it is adopted by the Village Board.

   E.   All internal roads, streets or drives shall be built to minor street standards of Section 10-3-4 of the Village subdivision regulations and shall be privately owned and maintained. Where a property is to be subdivided, the developer shall submit documents for approval by the Village Attorney to insure the maintenance and upkeep of such roads.

   A.   Temporary Signs:

      1.   During the course of construction, temporary real estate and realtor signs may be erected which advertise the sale, rental or lease of the premises upon which such signs are located, provided, however, that no more than one double-faced sign shall be permitted at each project entrance. Such signs shall be removed within thirty (30) days after such sale or lease of the premises or within thirty (30) days of reaching eighty five percent (85%) occupancy. No such sign shall exceed seventy two (72) square feet per face.

      2.   Construction signs denoting the architect, engineer or contractor may be erected during constructions. There shall be only one such sign per building, and it shall not exceed thirty six (36) square feet in area. This sign shall be on the building or within twenty feet (20').

      3.   No temporary signage shall exceed twelve feet (12') in height.

   B.   Permanent Signs:

      1.   Wall Sign:

         a.   The size shall not exceed five percent (5%) of the area of the front wall. (Front wall being the wall with the largest face).

         b.   No permanent wall sign shall exceed two hundred (200) square feet per building.

         c.   There shall be no more than one sign per building.

      2.   Address Sign: Each building may have a sign containing its address not to exceed six (6) square feet in area.

      3.   Free Standing Structural Signs:

         a.   In addition to the wall sign, there shall be no more than one free standing multi-faced structural sign per building.

         b.   No free standing structural sign face shall exceed sixty (60) square feet in area, and the height shall not exceed six feet (6') above the grade of the nearest adjoining street.

      4.   Architectural Feature: Each development may have either a single architectural feature or an entrance feature at each entrance. Single architectural features shall not have a total surface area of more than three hundred fifty (350) square feet or height greater than thirty feet (30'). Entrance features shall not have a total surface area of more than two hundred twenty five (225) square feet or height greater than thirty feet (30'). All such features shall be subject to architectural review by the Plan Commission. Where the feature's location, adjoining landscaping, topography or other factors make a larger feature desirable, the Village Board may permit a larger feature, provided it is found that such a feature will not adversely affect neighbors, but will lead to a better design or a safer project.

      5.   Illuminations: Permanent signs and architectural features may be back lighted, illluminated by spot lights shielded to eliminate glare from adjoining roads or property, or signs whose letters, but not background, are lighted by internal sources.

      6.   All permanent signs shall be reviewed by the Village Plan Commission.

   C.   Traffic Directional Signs:

      1.   Each sign shall not exceed nine (9) square feet in area, nor be higher than four feet (4') above ground.

      2.   As required, indicating the flow of traffic and ingress and egress routes.

   D.   Street Entrance Identification Signs: As required indicating street entrances.

The standards are intended to protect motorists, pedestrians or neighboring properties from excessive light or glare from office-research developments.

   A.   Internal Lighting: Lighting standards and luminaires for parking lots, internal roads, drives and walkways shall conform to the following limitations:

 

 

Illumination shall be measured in footcandles at six inches (6") above ground level in a horizontal position at the inside of the bufferyard. A direct reading portable light meter with color and cosine corrected sensor with multiple scales shall be used. The meter shall have been tested and calibrated to an accuracy of plus or minus five percent (5%) within one year of its use. Measurements shall be made after dark. The difference between lights on measurements and lights off measurements shall be used to determine the illumination, thereby eliminating the effects of ambient light.

   B.   Types of Luminaires: There are two (2) basic types of luminaires as shown in the illustration attached hereto as Exhibit "A" below.

      1.   No Cutoff Luminaire: A luminaire whose light source is visible from above a line parallel to the ground running through the center of the luminaire (i.e., an angle of greater than 90 degrees with the perpendicular). Such luminaires have the maximum glare potential.

      2.   Cutoff Less Than Ninety Degrees Luminaire: This luminaire has a cutoff of less than ninety degrees (90°), so that at some point distant from the fixture the luminaire is totally shielded from view. This fixture reduces glare to a minimum. Except as in subsection C of this section, all cutoff fixtures shall be designed and located so that the cutoff line is at least ten feet (10') within the property line of the development.

      3.   Floodlighting: Floodlighting of buildings shall not exceed one foot-candle measured from a height equal to one-half (1/2) the building height.

   C.   Street Lighting: All street lighting shall meet village and/or state specifications for illumination. (Ord. 83-12-13, 12-5-1983)

Where mechanical penthouses are installed, they shall be designed to blend into the building's architecture and shall not exceed the maximum height. In the event that a mechanical accessory building is supplied, it shall be fully screened from view by a combination of berms and evergreens. This screening shall be approved by the village plan commission. (Ord. 83-12-13, 12-5-1983)

   A.   Large Office Campus Special Use; Purpose Of The Special Use: A moderate intensity office and research use to be known as a "large office campus special use" may be authorized in the O and R1 district pursuant to the provisions of this section. The purpose of a large office campus special use shall be to permit the establishment of a planned office campus environment involving large tracts of land in the O and R1 district. The office campus environment is intended to be developed in such a way as to complement the adjacent, semirural, wooded areas of the village, which consist mainly of single-family residential districts. The large office campus special use is suitable for the corporate headquarters of a major corporation. The minimum size of the required tract requires a coordinated approach that exhibits common thematic concepts and harmonious architectural design throughout the project.

   B.   Applicable Requirements: All requirements of the O and R1 district set forth in all of the preceding sections of this article shall be applicable to the large office campus special use, except where such requirements are specifically modified by this section or by the terms of an ordinance passed by the village board of trustees granting a special use permit for a large office campus special use.

   C.   Permitted Uses Under A Large Office Campus Special Use Permit: The permitted uses under a large office campus special use permit shall also be the permitted uses in the O and R1 district, with modifications as set forth below:

      1.   With respect to the entire tract for which the large office campus special use permit is initially approved, restaurant and employee cafeteria uses shall not be limited to ten percent (10%) of any one building primarily devoted to uses in subsections 9-5C-2A and B of this article, but may constitute ten percent (10%) of the total usable floor area allowable for such tract. Such uses shall not be available to the general public, but shall be restricted to employees, guests and invitees of the occupants of the building. Upon any subsequent subdivision of such entire tract, the portion of the usable floor area within the entire tract which is then devoted to restaurant and employee cafeteria uses shall be deducted in determining the allowable usable floor area remaining for such uses.

      2.   Daycare and related uses for use by employees, their families, guests and invitees shall be permitted uses under a large office campus special use permit. With respect to the entire tract for which the large office campus special use permit is initially approved, daycare and health club uses shall not be limited to ten percent (10%) of any one building primarily devoted to uses in subsections 9-5C-2A and B of this article, but may constitute ten percent (10%) of the total usable floor area allowable for such tract. Such uses shall not be available to the general public, but shall be restricted to employees, guests and invitees of the occupants of the building. Upon any subsequent subdivision of such entire tract, the portion of the usable floor area within the entire tract which is then devoted to daycare and health club uses shall be deducted in determining the allowable usable floor area remaining for such uses.

      3.   Parking garages and decks (including multistory garages and decks) shall be permitted uses under a large office campus special use permit even if not located within the buildings primarily devoted to uses in subsections 9-5C-2A and B of this article, provided that parking garages or decks located in the portion of the O and R1 district indicated on the map available in the village clerk's office shall be subject to the limitations of subsection D of this section.

For purposes of subsection C2 of this section, covered or enclosed walkways, bridges and service tunnels connecting any two (2) buildings on the site, whether above or below ground, shall be excluded from the definition of "usable floor area".

   D.   Intensity And Bulk Requirements: The intensity and bulk requirements that govern a large office campus special use shall be modified from those otherwise governing the O and R1 district as follows:

      1.   Minimum Site Area/Minimum Lot Size: The minimum site area at the time of application for a large office campus special use permit shall be seventy five (75) acres. There shall be no minimum lot size for subdivided lots that are created within a tract that is approved as a large office campus special use. However, a large office campus special use permit may limit the number of zoning lots (as defined in section 9-2-3 of this title) for the tract that is approved as a large office campus special use.

      2.   Floor Area Ratio: The maximum permitted floor area ratio in a large office campus special use shall be 0.3345. The village board of trustees, in granting a large office campus special use permit, shall have the authority to exclude "dedicated computer room space" from the space that would otherwise be counted in arriving at the maximum permitted number of usable square feet. "Dedicated computer room space" means space that is primarily intended to house computer services and other equipment with the understanding, however, that such space may be functionally designed and used for light staffing of personnel. Calculations of FAR shall be undertaken on the basis of the entire tract that is devoted to the large office campus special use and shall not be calculated on an individual lot by lot basis notwithstanding the subdivision of such tract as provided in subsection E of this section. The number of usable square feet remaining from time to time for development on any unimproved zoning lot within the entire tract that is devoted to the large office campus special use shall be the maximum permitted number of usable square feet for such entire tract less the number of usable square feet in the buildings already constructed on such tract (after applying the exclusion, if any, for dedicated computer room space).

      3.   Impervious Surface Area: The maximum permitted impervious surface area in a large office campus special use shall be .60. Calculations of ISR shall be undertaken on the basis of the entire tract that is devoted to the large office campus special use and shall not be calculated on an individual lot by lot basis notwithstanding the subdivision of such tract as provided in subsection E of this section. The amount of permitted impervious surface area remaining from time to time for development on any unimproved zoning lot within the entire tract that is devoted to the large office campus special use shall be the maximum permitted impervious surface area for such entire tract less the impervious surface area already existing on such tract.

      4.   Building Height: The maximum permitted building height in a large office campus special use shall be fifty eight feet (58'). Notwithstanding the foregoing, in granting a special use permit for a large office campus special use, the village board of trustees shall have the right to limit the maximum height of buildings, parking garages and decks located in "restricted area A" to thirty five feet (35') and the maximum height of buildings, parking garages and decks located in "restricted area B" to forty seven feet (47'). Such restricted areas are the respective portions of the O and R1 district that are indicated on the map available in the village clerk's office. Enclosed rooftop mechanical rooms, parapet walls and architectural features, such as articulated architectural wall panels and similar improvements, shall not be included in calculating building height provided that: a) rooftop mechanical rooms shall be centered in the middle of the roof area, away from the edge of the roof, and will not occupy more than thirty percent (30%) of the total roof surface area for the entire tract constituting a large office campus special use (measured at any time with respect to the full build out of all buildings built and projected to be built, according to the site plan) and not more than thirty seven percent (37%) of the roof surface area of any one building; b) rooftop mechanical rooms shall be enclosed and clad in material that is consistent and compatible with the architectural facade of the building; c) in no event shall the height of any architectural feature of a building exceed the height allowed for rooftop mechanical rooms or parapet walls of such mechanical rooms; and d) in no event shall any rooftop mechanical room, parapet wall or architectural feature extend more than eighteen feet (18') above the permitted fifty eight foot (58') building height. For purposes of determining the height of any building under pertinent provisions of this code, the portion of the building to be treated as the front may be identified on the site plan that is approved as part of the large office campus special use permit.

      5.   Multiple Buildings: Multiple buildings, if shown on the approved site plan, may be constructed and maintained on a tract devoted to a large office campus special use without the requirement of any subdivision or resubdivision of such tract into separate lots of record.

      6.   Determining Conformance To Bulk Regulations: An applicant for a large office campus special use permit shall have the right to include in its application, for purposes of establishing the site area of the large office campus special use, lands abutting or adjoining the land that is the subject matter of such application which, but for its prior dedication to a governmental entity by either the applicant or a related or affiliated entity or a related or affiliated predecessor in title, would have been included in the application provided the applicant delivers evidence of such prior ownership, in a manner acceptable to the village, prior to the date of approval of the ordinance granting the large office campus special use permit or within six (6) months after such date. If such evidence is provided, such lands shall be considered as part of the large office campus special use for purposes of determining satisfaction of and conformance to the minimum site area, FAR, ISR, setback, lot and other bulk requirements and limitations of this code (including lighting setback requirements). Similarly, any land that is a part of a large office campus special use that is dedicated or conveyed to a government entity by the owner of the site at the time of approval of the ordinance granting the large office campus special use permit or thereafter for public roadways, bike or pedestrian paths, utilities or similar public purposes shall be included in the site area of one or more of the zoning lots within the original tract (as specified by the owners of such lots) for purposes of determining satisfaction of and conformance to the minimum site area, FAR, ISR, setback, lot and other bulk requirements and limitations of this code (including lighting setback requirements).

   E.   Subdivision: After a large office campus special use permit is approved for a site, the site may be subdivided into separate lots of record provided the subdivision fully complies with the village's subdivision control ordinance (title 10 of this code), unless variations therefrom are approved by the village, and all other applicable code provisions. Before or simultaneously with the submission of an application for subdivision of the site, or any portion thereof, into separate lots of record, an application for an amendment to the ordinance granting the large office campus special use permit shall be submitted to the village for approval by the village board of trustees if the property owner proposes changes in the original site plan (as defined in subsection H of this section) as part of such subdivision. An application for such an amendment shall be processed in the same manner as the original application for the approval of a large office campus special use permit, except that the village board of trustees, after receipt of a plan commission recommendation, shall also consider the following standards in evaluating the application for amendment to the original site plan, namely whether, notwithstanding the approval of the requested amendment, the architectural and thematic unity of the large office campus special use, and the enhanced landscaping and building design contemplated by the approved site plan, will be maintained, and the standards referred to in subsection J of this section will continue to be satisfied. It shall be a further condition to approval of any subdivision involving a site classified as a large office campus special use that, if any time after the subdivision the resulting lots are not owned by a single owner or by affiliated or related interests of a single owner, then the site shall be made subject to covenants, conditions and restrictions of record (CC&Rs) between and among all owners of all property on the site for purposes of ensuring the ongoing maintenance of all common facilities, including common parking, roadways, landscape, storm water improvements and utilities, and the development of the site in a unified and cohesive manner. The CC&Rs shall provide the village, in a manner acceptable to the village, with the right, but not the obligation, to seek equitable relief to enforce such covenants and the provisions establishing such right of enforcement shall not be subject to amendment or revocation without the approval of the village. Following any subdivision, each resulting lot shall continue to be subject to the provisions of the ordinance granting the large office campus special use permit, as modified by the terms of any amendment to the special use permit.

   F.   Setbacks/Buffer Yards/Landscaping: Underground portions of buildings, service or utility tunnels or other underground improvements may be located within the required yard setbacks. The exterior of the original site for which the large office campus special use permit is initially approved shall be planted in a thirty five foot (35') wide buffer yard, except that all defined front yards (i.e., those yards which front on Lake-Cook, Saunders, Deerfield, Milwaukee or Portwine Roads) shall be planted in an eighty foot (80') wide buffer yard, and any areas subject to conservancy easements shall be planted or maintained in natural states as such easements may require. Lawn and planting beds and organized tree and shrubbery planting may complement areas near buildings. Landscaping in open areas away from the buildings should include some elements of natural landscape planting in order to extend visually, to the extent reasonably feasible, the natural areas required for buffer yards. Recognizing the greater density permitted for a large office campus special use and the varying degrees of landscape density appropriate to different portions of the site, the goal should be to landscape all areas not covered by impervious surface, storm water management facilities, water features or other improvements. The design of berms at the periphery of the site should incorporate natural, flowing contours, whenever possible, allowing for the establishment of natural, wooded areas in order that the exterior of the site shall promote the wooded character of the village.

   G.   Parking: As modifications to the standards in subsection 9-5C-5A of this article, if the proposed site plan indicates that no parking spaces will be compact stalls (i.e., only 8 feet in width), then the required minimum width of all parking stalls shall be eight feet six inches (8'6") and the required minimum width of a driving lane between parking stalls shall be eighteen feet (18') when angle parking is provided at seventy degrees (70°).

   H.   Contents Of Site Plan: The applicant for a large office campus special use permit or for an amendment to a large office campus special use permit (in the event that the original site is subdivided) shall make formal application to the village board of trustees on forms as directed by the village, including copies of a site plan (the "site plan") as described below. The proposed special use shall be the subject of a public hearing before the plan commission, as regulated in section 9-11-9, "Special Uses", of this title. The following items constitute the minimum requirements for the contents of a site plan, unless waived by the village board of trustees. The applicant should feel free to supplement the list with whatever materials deemed appropriate to illustrate compliance with the regulations and intent of this section. Maps which shall be included as part of the application shall be drawn at a scale not more than one hundred feet to one inch (100' = 1"). All maps shall be dated and include a scale and north point.

      1.   A legal description of the site.

      2.   A boundary line survey of the site prepared and certified by a registered land surveyor, showing the dimensions of the property's boundaries and all existing rights of way adjacent to the property.

      3.   Existing and proposed topography of the land with contours shown at intervals no greater than two feet (2'). Topographic data shall refer to the "USGS North American Datum - Mean Sea Level Elevation".

      4.   Existing and proposed landscape features including significant tree groupings, isolated preservable trees six inches (6") or more in diameter at one foot (1') above ground level, scenic views and other natural features such as lakes, ponds, waterways, wetlands and floodplains, and a conceptual landscaping planting plan, indicating the height, size, location, quantities and variety of plant materials.

      5.   Existing zoning and land uses on and adjacent to the site.

      6.   Locations and dimensions of all existing and proposed structures, building heights, number of stories, entrances, gross floor areas, floor area ratios and impervious surface ratios. The site plan shall indicate any future phases that are not presently planned for construction and indicate the same information for such contemplated buildings to the extent known.

      7.   All proposed uses including statistical tabulation of the acreage amounts of all uses.

      8.   Locations and dimensions of all existing and proposed streets (to the extent known, with respect to sites that are to be developed in phases), curb cuts, aisles, bicycle paths and walkways, the number and location of all parking spaces and loading areas and the names of all streets. If the exact use of a future phase of the site is not known at the time of a site plan submittal, parking and loading requirements shall be calculated for the general use having the greatest parking and loading requirements.

      9.   All areas to be dedicated as common open space, designated for easements, and all sites to be conveyed, dedicated or reserved for parks, playgrounds, school sites, public buildings and similar public and quasi-public uses, together with the proposed plan for the permanent maintenance of such common open space areas.

      10.   A utility concept plan, including the location of all existing sanitary sewer, storm sewer and water main lines on the site and on property immediately adjacent to the site. Similar information shall be provided for gas, electric, telephone and cable television utilities.

      11.   A storm water drainage plan, identifying portions of the site in the floodplain or in floodplain fringe areas, the existing and proposed flow and storm drainage, and the location of drainage ditches and culverts, standing water and proposed detention/retention facilities.

      12.   Location, height and material for all screening walls and fences, the type and height of outdoor proposed parking and roadway lighting facilities and the location and dimensions of each outdoor trash storage area.

      13.   A traffic study by a qualified traffic engineer indicating the volume of traffic to be generated by the large office campus special use and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the site.

      14.   Architectural drawings, elevations and renderings depicting the design features of the development and a specifications list for materials and finishes.

      15.   If a subdivision of the site is requested by the applicant, a preliminary subdivision plat or, at the applicant's option, a final subdivision plat of all subdivided lands in the same form and meeting all requirements of the Riverwoods subdivision control ordinance, to the extent that compliance with the subdivision regulations of the village shall be required by the village board of trustees.

      16.   Other information requested by the plan commission or the village board of trustees within thirty (30) days after the commencement of the public hearing on the application for special use approval, necessary to reasonably clarify the proposal and its economic impact.

   I.   Special Use Processing:

      1.   The village clerk shall forward one copy of the site plan and special use permit documents to each of the following persons within five (5) working days of receipt thereof from the applicant: village president and trustees, all members of the plan commission, the village engineer, the village planner and the village attorney. The balance of the copies of the documents shall be held on file by the village clerk for use by other public officials as may be required.

      2.   The plan commission shall, within sixty (60) days of the filing, conduct a public hearing on the special use permit application in accordance with applicable statutes.

      3.   Within a reasonable amount of time, usually within forty five (45) days after the adjournment of the public hearing, the plan commission shall submit in writing its findings of fact and recommendations to the village board of trustees and the applicant, based on the standards set forth in subsection J of this section.

      4.   The board of trustees shall approve, approve with conditions and modifications or reject the application seeking approval of a large office campus special use permit within a reasonable amount of time, usually within sixty (60) days after its next regular meeting following the receipt of the written recommendation of the plan commission. If the large office campus special use permit is not approved, the village board of trustees shall state in writing the reasons for the decision and such writing shall be filed with the village clerk, and a copy shall be sent to the applicant. If the large office campus special use permit is approved or approved with conditions and modifications, the village clerk shall amend the official zoning map of the village to show the approved underlying zoning district and the number of the ordinance approving the large office campus special use permit.

      5.   The village board shall have the authority to establish in a large office campus special use permit the manner in which subsequent amendments to an approved site plan may be undertaken, reviewed and approved.

   J.   Required Findings: No applicant for a large office campus special use permit or for an amendment to an existing large office campus special use permit shall be approved unless the village board of trustees, in addition to making the required findings under section 9-11-9 of this title, shall find that the proposal exhibits reasonably substantial adherence to the purposes and objectives of a large office campus special use. The following standards shall be used by the village board of trustees to evaluate whether an application for a large office campus special use permit exhibits reasonably substantial adherence to the purposes and objectives of this section:

      1.   Landscaped areas exhibit continuity with prior stages of development and satisfy the goals of the O and R1 district and the large office campus special use.

      2.   Exposed storage areas, trash and garbage retainers, exposed machinery installation, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures are accounted for in the design of the project, are screened from view and made as unobtrusive as reasonably possible.

      3.   Internal traffic control design minimizes traffic backups and other hazards on adjacent external roads for motorists entering and exiting the site.

      4.   The orientation of any buildings, including parking garages and decks, attempts to minimize the adverse impacts on any adjacent residential areas from lighting, noise, deliveries, loading and unloading and general activity levels.

      5.   Storm water detention facilities are designed as a visual amenity for the project.

      6.   The exterior elevations of the buildings call for the use of higher grade finishes and materials and demonstrate an architecturally harmonious development with other, existing buildings throughout the entire site.

      7.   If the development consists of more than a single zoning lot or several subdivided lots under multiple ownerships, the CC&Rs ensure the continued maintenance of the properties and of the various amenities, landscaping and design features of the site.

   K.   Conditions Of Development: After the approval of a large office campus special use permit, the use of land and construction, modification or alteration of any buildings or structures on the designated site shall be governed by the approved site plan and all applicable village ordinances not specifically waived in the ordinance granting the large office campus special use permit. In addition, no permit shall be issued for any construction pursuant to a large office campus special use permit until the developer posts with the village an irrevocable letter of credit running to the village in an amount sufficient to cover the full cost, including engineering, legal and inspection fees and costs, plus twenty five percent (25%) of such total, to ensure the satisfactory installation of all streets, sidewalks, curbs, gutters, sanitary sewers, storm sewers, water mains, roadway lighting, landscaping in perimeter setback areas and retention/detention areas. The cost of the improvements shall be based on confirmed estimates approved by the village engineer and the letter of credit shall be reviewed by the village attorney for conformance to village ordinances. Any new construction on a vacant part of the site originally designated as a large office campus special use, if commencing more than twenty (20) years after the date of the ordinance granting the large office campus special use permit, shall be governed by the provisions of the O and R1 district, unless application for extending the large office campus special use permit is submitted to and approved by the village board of trustees in accordance with the procedures set forth in this section. As to portions of the site that are developed within twenty (20) years after the date of the ordinance granting the large office campus special use permit, the large office campus special use permit shall remain in effect and shall not lapse at any time as a result of the passage of time or the occurrence or failure to occur of any event. (Ord. 01-8-23, 8-7-2001)

The purpose of the office and research compatible district (referred to herein as the O and R/C district) is to govern the location and development of low intensity lodging and office special uses for certain properties at the periphery of the village with frontage on Lake-Cook Road or on the portion of Saunders Road south of Deerfield Road. Most of these properties adjoin large parcels zoned for low density, office campus use under the terms of: a) annexation agreements entered into with the village, or b) the office and research district one (referred to herein as the O and R1 district). The area, bulk and special use requirements of this article are intended to permit low intensity lodging special uses which support the office and research campus established in the village in the area generally bounded on the west by Portwine Road, on the south by Lake Cook Road, on the east by Saunders Road and on the north by single-family residential districts. The lodging special uses which may be granted in the O and R/C district are intended to be of a nature that will respond to the specific needs of the corporate residents located in the village's office and research campus while mitigating adverse impacts to the remainder of the village. For purposes of this article, "low intensity lodging special uses" must not be construed solely in terms of floor area ratio, but must take into account, among other factors, the overall mass and land coverage of the proposed buildings, the degree to which peak traffic hours will occur at times other than the peak morning and evening rush hours which characterize the adjoining office developments and the overall general level of activity which will be characteristic of the special uses. The area, bulk and special use requirements of this article are also intended to permit "small parcel" office special uses on certain parcels with frontage on Saunders Road which, due to their size and shape, would not ordinarily be developed in a manner consistent with the office campus approach. The O and R/C district may also benefit from civic, cultural, religious and educational uses when located on a parcel of limited size. (Ord. 99-5-11, 5-18-1999; amd. Ord. 25-02-01, 2-18-2025)

Those uses permitted in the O and R1 district.

Civic, cultural, religious and educational uses when conducted in a building occupying a lot of less than one (1) acre in size. (Ord. 99-5-11, 5-18-1999; amd. Ord. 25-02-01, 2-18-2025)

The requirements for the O and R1 district set forth in sections 9-5C-3 through 9-5C-11 of the zoning code shall be applicable to all permitted uses in the O and R/C district, except where such requirements are specifically varied by the terms of an ordinance passed by the village board of trustees granting a special use under this O and R/C district. (Ord. 99-5-11, 5-18-1999)

   A.   A "hotel special use" which shall include only the following uses: 1) hotels, residence inns, daily or extended stay corporate lodging facilities (each of which shall contain no more than 140 rooms) and 2) one restaurant per hotel, each having no more than two thousand five hundred (2,500) usable square feet, provided such restaurants are located within the hotel or lodging facility. No restaurant building shall have a maximum seating capacity in excess of three hundred twenty five (325) guests. No delivery or carryout service shall be permitted in the restaurant except as a courtesy to seated customers at the conclusion of their meals, to provide catered meals in the hotel's conference or meeting rooms, or to provide room service to hotel guests. No meals in the restaurant shall be served using disposable flatware or china. No restaurant meals shall be served earlier than six o'clock (6:00) A.M., nor later than ten o'clock (10:00) P.M. on weekdays and eleven o'clock (11:00) P.M. on weekends (excluding room service for hotel guests). No live entertainment requiring more than two (2) performers at one time shall be permitted, and such entertainment shall be provided solely as background to meals served in the restaurant. Alcoholic beverages in the restaurant may be authorized by the appropriate liquor permit issued by the Riverwoods liquor commissioner, but such permit shall require that the alcoholic beverages must be served with meals to restaurant patrons and no later than ten thirty o'clock (10:30) P.M. on weekdays and eleven thirty o'clock (11:30) P.M. on weekends. The waiting area for restaurant patrons shall be designed to serve a clientele that is waiting to have a sit down meal and shall not serve persons desiring alcoholic beverages without a meal.

   B.   A "small parcel office compatible special use" which shall include only office uses meeting all requirements of the O and R1 district, except as modified under section 9-5D-5 of this article. (Ord. 99-5-11, 5-18-1999; amd. Ord. 01-8-26, 8-21-2001; Ord. 21-12-32, 12-21-2021; Ord. 25-02-01, 2-18-2025)

   A.   Objectives: The objectives of granting a special use in the O and R/C district are:

      1.   To permit development that is compatible with the Riverwoods office and research campus, that provides benefits not likely to be achieved with the usual development permitted in the O and R1 district, and that would not otherwise be possible under the strict application of other sections of this title.

      2.   To promote a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.

      3.   To combine and coordinate architectural styles, landscape design, building forms and building relationships with a possible mixing of different uses in an innovative design.

      4.   To provide for the prevention and/or control of soil erosion, surface flooding and preservation of subsurface water.

      5.   To promote the more efficient use of the land resulting in more economic networks of utilities, circulation and other facilities.

      6.   To create a method for the enhancement of a woodland appearance and a more natural, environmental design for a land use which is typically more commercial in appearance.

      7.   To encourage land use which promotes the public health, safety, comfort, morals and welfare.

   B.   Minimum And Maximum Area: For a hotel special use in the O and R/C district, the site area shall be no less than six (6) acres and no more than ten (10) acres. For a small parcel office compatible use, the site area shall be no less than one (1) acre and no more than eight (8) acres.

   C.   Floor Area Ratio (FAR) And Impermeable Surface Ratio (ISR) And Other Zoning Requirements: All special uses in the O and R/C district for any site of more than one (1) acre shall be subject to FAR and ISR limitations of the O and R1 district, i.e., the FAR shall not exceed 0.14 and ISR shall not exceed 0.31; except as set forth in subsection D of this section. For each special use in the O and R/C district, the maximum permitted building height, required yards, off street parking and loading, buildings per lot, natural areas and landscaping, access, permitted signage, exterior lighting standards and mechanical penthouses or accessory buildings may be modified, subject to the FAR and ISR standards of this district (as modified, if applicable); provided, however, for a small parcel office compatible special use, the required front and rear buffer yards imported from the O and R1 district into the O and R/C district shall not be modified and the sixty foot (60') side buffer yards imported from the O and R1 district into the O and R/C district shall not be reduced below thirty feet (30').

   D.   Standards For Modifying FAR, ISR And Building Height; Excellence In Site Planning: Under the terms of the hotel special use, the board of trustees may modify the FAR and ISR standards and the maximum permitted building height, if the project site plan and building design exhibit exceptional adherence to the purposes and objectives of this article, to provide for a maximum FAR of 0.26, a maximum ISR of 0.55 and a maximum building height of fifty two feet (52'), except that in the case of a flat roof, up to one-half (1/2) of the building may have a maximum building height of fifty five feet (55') for the purposes of creating architectural interest and concealing mechanical equipment. Under the terms of the small parcel office compatible special use, the board of trustees may modify the ISR standards (but not the FAR standards), if the project site plan exhibits exceptional adherence to the purposes and objectives of this article, to provide for a maximum ISR of 0.38. In addition to the standards found in section 9-11-9 of this title or in other relevant ordinances of the village, the following standards shall be used by the board of trustees to evaluate whether the project site plan exhibits exceptional adherence to the purposes and objectives of this article:

      1.   The natural topographic and landscape features of the site are preserved and incorporated into the development wherever possible.

      2.   Additional landscaped areas and intensity beyond the minimum required are provided, preferably exhibiting continuity throughout the development.

      3.   Adequate building setbacks, open spaces and landscaped buffers are provided around the perimeter of the property. Open space areas are linked by open space corridors of reasonable width.

      4.   Building facade design avoids excessively long unbroken walls and minimizes the total building bulk.

      5.   The floor plans of the hotel or office building have superior orientation, access and view to adjacent private and public open space.

      6.   Through traffic is discouraged and the intrusion of automobiles into the landscaped detention features and other natural environments is minimized while maintaining the convenience of access between the buildings and parking areas.

      7.   The building orientation minimizes the visual impact on any adjacent residential areas.

      8.   Storm water detention facilities are designed as a visual amenity for the project.

      9.   The exterior elevations of the buildings call for the use of higher grade finishes and materials, such as masonry, granite, marble, stone walls and standing seam metal roofs, and demonstrate an architecturally harmonious development throughout the entire site. (Ord. 99-5-11, 5-18-1999; amd. Ord. 01-8-26, 8-21-2001; Ord. 03-3-5, 3-18-2003; Ord. 21-12-32, 12-21-2021; Ord. 25-02-01, 2-18-2025)

Requirements regarding any improvements covered under the Riverwoods subdivision ordinance 1 or building code 2 , including sidewalks, streets, curbs, gutters, sanitary sewers, storm sewers, water lighting, landscaping, parking, retention/detention facilities, and standards for construction shall be modified only as specifically provided for in the special use ordinance authorizing any special use in the O and R/C district. (Ord. 99-5-11, 5-18-1999)

   A.   Procedures: A hotel special use and small parcel office compatible special use shall be reviewed as a "special use" in accordance with the standards for the O and R/C district and the procedures of this section. Additional requirements regarding the processing of applications, including public hearing procedures and the requirements for the recording of plats shall be set forth in various administrative procedure documents, as amended from time to time. Fees shall be set by the village board, and a list of such shall be kept on file in the office of the village clerk.

   B.   Applicant: The application for a special use shall be either all of the owners of record of the property which comprises the office compatible PUD or the contract purchaser, with consent of all owners, provided that the application shall be submitted in the name of the owner of record; and that the party petitioning for the special use shall disclose his interest in the property, such as an equitable interest via a purchase contract for all or a portion of the property in question.

   C.   Preapplication Conference:

      1.   The applicant shall be encouraged to request a preapplication conference with village officials and staff, such as the building official, village attorney and village engineer. The purposes of such conference shall be for the applicant to furnish information as to the location, size and uses in the proposed development and a list of all requested modifications to the subdivision code and zoning ordinance.

      2.   Following the conference, the building official will inform the applicant of the results of the preliminary review and of the information, materials and documentation that must be submitted for a formal application.

      3.   A fee of one hundred dollars ($100.00) must be paid to the village by the applicant at the time of the initial preapplication conference.

   D.   Preliminary Site Plan:

      1.   Upon completion of the preapplication procedure, the applicant may then make formal application to the plan commission requesting a special use permit for a special use on forms provided by the village, and including copies of a preliminary site plan containing the information required by the Village Subdivision Ordinance 1 . This preliminary site plan shall be the subject of a public hearing before the Plan Commission, as regulated in Section 9-11-9 of this Title. The application shall also contain any other information requested by the Plan Commission or the Village Board necessary to reasonably clarify the proposal and its impact or economic feasibility. Such information may include, but not be limited to, any of the following:

         a.   A traffic study by a qualified traffic engineer indicating the volume of traffic to be generated by the special use and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through and around the site.

         b.   Tax and fiscal impact study detailing the impact the special use will have on all applicable school districts and other taxing bodies; and estimates shall be made, as to the projected revenues and expenditures by the Village attributable to the development.

         c.   A conceptual landscaping planting plan, indicating the height, size, location, quantities and variety of plant materials; a lighting plan and such information on storm water drainage as may be required by the Plan Commission.

         d.   An analysis of the marketability of the demand for proposed services or uses.

         e.   Architectural drawings, elevations and renderings depicting the design features of the development and a specifications list for materials and finishes.

      2.   The Village Clerk shall forward one copy of the preliminary site plan and special use permit documents to each of the following persons within five (5) working days of receipt thereof from the applicant: Village President and Trustees, all members of the Plan Commission, the Village Engineer, the Village Planner and the Village Attorney. The balance of the copies of the documents shall be held on file by the Village Clerk for use by other public officials as may be required.

      3.   The Plan Commission shall, within sixty (60) days of the filing, conduct a public hearing on the special use permit applicant in accordance with applicable statutes.

      4.   Within a reasonable amount of time, usually within forty five (45) days after the adjournment of the public hearing, the Plan Commission shall submit in writing its finding of facts and recommendations to the Village Board and the applicant, based on the standards set forth in Section 9-5D-5 of this Article.

      5.   The Board of Trustees shall approve, approve with conditions and modifications or reject the preliminary site plan within a reasonable amount of time, usually within sixty (60) days after its next regular meeting following the receipt of the written recommendation of the Plan Commission.

         a.   If the preliminary site plan is not approved, the Village Board may state in writing the reasons for the decision and such writing, if prepared, shall be filed with the Village Clerk, and a copy shall be sent to the applicant.

         b.   If the preliminary site plan is approved or approved with conditions and modifications, the Village Board shall authorize the applicant to submit a final site plan for the hotel special use.

   E.   Final Site Plan:

      1.   Within one year following the approval of the preliminary site plan, the applicant shall file with the Village a final site plan containing, in final form, the information required in the preliminary site plan and additional information required by the Village Subdivision Ordinance 2 .

      2.   The Plan Commission shall review each final site plan with regard to the plan's conformance to the approved preliminary site plan and to the final site plan requirements, and shall submit its report and recommendations to the Village Board, usually within forty five (45) days.

      3.   Minor changes from the approved preliminary site plan may be allowed in the final site plan without a public hearing, provided such changes are determined to be minor by the Village Board. A change shall not be considered minor if it includes any of the following:

         a.   A change in the use or character of the development.

         b.   An increase by more than one percent (1%) in the overall coverage of structures.

         c.   An increase in the density or intensity of use.

         d.   A relocation of any street, curb cut or intersection of more than ten feet (10') in a manner which would increase the problems of traffic circulation or public utilities, or which would cause a significant negative impact upon the buffer or open space scheme.

         e.   A reduction of more than one percent (1%) in approved open space.

         f.   A reduction in off-street parking and loading spaces.

         g.   A reduction in required pavement widths.

         h.   A change in the arrangement or location of principal structures or uses by more than ten feet (10').

         i.   A reduction in total storm water detention capacity or an increase in the design rate of storm water discharge from the site.

         j.   A change in setbacks, FAR or ISR.

      Changes in addition to or in excess of the limits described above shall be considered major changes and require submission of a new application which shall be processed and approved in the same manner as required for the original application.

      4.   The Village Board, after receipt of the report and recommendations of the Plan Commission shall review the final site plan, and if it is determined to be in substantial conformance with the approved preliminary site plan and in conformance with the final site plan requirements, will authorize by ordinance the issuance of a special use permit. If any final site plan is held to be not in substantial conformance with the preliminary site plan or in conformance with the final site plan requirements, the Village Board shall inform the applicant of the specific areas found deficient. The applicant may request from the Village Board an extension of time to bring each final site plan into conformance and to complete the requirements, or may request a new public hearing under the procedures established for approval of a preliminary site plan.

      5.   Once the special use permit is issued, the Village Clerk shall amend the Official Zoning Map of the Village to show the approved underlying zoning district, the number of the ordinance approving the special use permit. (Ord. 99-5-11, 5-18-1999)

After the approval of the final site plan, the use of land and construction, modification or alteration of any buildings or structures within the special use will be governed by the approved final site plan and all applicable Village ordinances not specifically waived in the ordinance granting the special use. In addition, the following conditions apply to the construction pursuant to a special use:

   A.   Construction in accordance with the final development plan shall commence within one year. Failure to commence within that period shall, unless an extension has been granted by the Board of Trustees according to subsection B of this Section, automatically render null and void the final site plan approval of the special use, all prior plan approvals upon which final plan approval depends, including all permits based on such approvals, and the special use permit.

   B.   The Village Board may extend the time limit for the commencement of construction as follows: If a delay, or anticipated delay, is caused by governmental action without fault on the part of the developer, an extension may be granted for a period not longer than the period of the governmental delay. For good cause shown, an extension may be granted for such period of time as the Village Board deems appropriate.

   C.   No permit shall be issued for any construction pursuant to a special use until the developer posts with the Village an irrevocable letter of credit running to the Village in an amount sufficient to cover the full cost, including engineering, legal and inspection fees and costs, plus twenty five percent (25%) of such total, to ensure the satisfactory installation of all streets, sidewalks, curbs, gutters, sanitary sewers, storm sewers, water lighting, landscaping, parking, retention/detention areas and all other subdivision improvements. The cost of the improvements shall be based on confirmed estimates approved by the Village Engineer and the letter of credit shall be reviewed by the Village Attorney for conformance to Village ordinances. (Ord. 99-5-11, 5-18-1999)

The purpose of the transitional business overlay district is to provide flexibility in land use, layout and design for areas that, while suitable for a mixed use planned development in the B-1 neighborhood business district, are located next to the limited industrial district of a neighboring community. This overlay district will allow uses that are compatible with the uses of the neighboring limited industrial district while allowing for a transition to the mixed use planned development of the B-1 neighborhood business district. All uses in this overlay district shall be maintained and operated in such a manner as will not limit, restrict or impair the health, comfort, safety and welfare of adjoining property owners and the value and enjoyment of adjoining properties. (Ord. 10-5-9, 5-18-2010)

The village board, upon the recommendation of the plan commission and in accordance with the procedures for amending the zoning map set forth in this title, may designate any area located within the B-1 neighborhood business district as a business overlay district. The area so designated shall be known as an overlay to the B-1 neighborhood business district, and shall be assigned the designation "TBO" on the zoning map. References in this chapter to the TBO district shall mean the transitional business overlay district. (Ord. 10-5-9, 5-18-2010)

The requirements for lot size, lot coverage, building height, yards or setbacks, number of principal buildings on a lot and other height, bulk and use requirements shall be determined by the applicable regulations of the B-1 neighborhood business district; provided, however, the village board, in the ordinance granting a special use in the TBO district, may modify such requirements of the B-1 neighborhood business district, and in such event the owner shall not be required to obtain a variance from B-1 neighborhood business district regulations. If a conflict arises between the regulations of the B-1 neighborhood business district and this chapter, the provisions of this chapter shall control. (Ord. 10-5-9, 5-18-2010)

Subject to the provisions of this chapter, the permitted uses of the TBO district shall be as listed below. Only those uses specifically listed below shall be considered permitted uses:

   Any permitted use in the B-1 neighborhood business district.

   Administrative offices accessory to the principal use located on the premises.

   Open space, noncommercial parks and nature preserves.

   Public uses, including wind energy conversion systems.

   Retail use accessory to the principal use located on the premises, but not in excess of one thousand (1,000) square feet of floor area in the building in which sales are conducted, and provided the parking requirements for such retail use are satisfied.

   Signs as permitted by the Riverwoods sign ordinance (title 12 of this code), except as otherwise specified by a special use permit. (Ord. 10-5-9, 5-18-2010)

Subject to the provisions of this chapter, the special uses that may be allowed in the TBO district shall be as follows:

   Container rental facility.

   Garden supply center.

   Lumber and material sales.

   Mixed use planned development, pursuant to article B of this chapter. The mixed use planned development is the only special use allowed in the B-1 neighborhood business district that may be allowed for any property in the TBO district.

   Tree care contractor.

   Wood waste recycling center, if operated by a tree care contractor, provided that no wood waste recycling center shall be allowed as a special use unless the chipping, grinding or processing of any wood waste prohibits the on site processing of stumps or logs exceeding three inches (3") in diameter. (Ord. 10-5-9, 5-18-2010)

If the village board approves a special use for property located in the TBO district, the ordinance granting such special use may also authorize the following accessory uses, buildings or structures and impose conditions upon the construction, use and operation thereof as the village board deems appropriate to safeguard the public health, safety and welfare:

   Aboveground fuel storage tank which is licensed and maintained in accordance with all applicable state and county requirements.

   Caretaker's dwelling for caretakers and members of their immediate family, when located on the premises where the caretaker is acting in such capacity.

   Outside display, storage or repair of goods, equipment, materials, wood waste, machinery or products (including mulch).

   Outside storage of logs exceeding three inches (3") in diameter, subject to such conditions and limitations as may be specified in the ordinance approving the accessory use.

   Outside truck and vehicle parking, provided each vehicle is operable and is used in the operation of the principal use being conducted. (Ord. 10-5-9, 5-18-2010)

An annual occupancy permit shall be required for any special use located in the TBO district. No occupancy permit or any building permit for properties in the TBO district shall be issued unless the applicant provides a written description of the activity to be conducted on the site, which shall include:

   A.   A survey showing the location of any storage areas, waste disposal areas, abatement devices, and other facilities necessary for the activity proposed;

   B.   A description of the products, materials, or goods which will be utilized on the site and in the operation of the use proposed;

   C.   Any other data or certifications as may be reasonably required by the director of community services to reach a determination that the use and occupancy proposed will not violate any applicable codes or ordinances of the village.

When applying for a renewal of such occupancy permit, the applicant shall notify the village of any changes in any of the above information by filing the appropriate renewal form with the village. If there have been changes that cause prior submissions to be inaccurate, the village may require updated submissions. The property owner is responsible for making sure such occupancy permit is renewed annually. The director of community services or his designated agents shall have the right, upon reasonable notice to the owner of any property requiring an occupancy permit in the TBO district, to come onto the property for periodic inspections to ensure that the products, materials, or goods which are utilized on the site and in the operation of the use conform to the description provided in the occupancy permit. Any use requiring an occupancy permit in the TBO district shall conform to the requirements of all published codes adopted by reference in this code and all other laws, ordinances and regulations of all jurisdictions having authority over such occupancy or use. Violations of the provisions of such codes, laws, ordinances or regulations may result in the revocation of the occupancy permit for said use or occupancy if, in the opinion of the director of community services, the occupancy or use does not conform to the requirements of occupancy permit or if any unforeseen conditions pose an immediate threat to the health, safety, or welfare of the village. Any appeal of such decision shall be heard by the village board, whose determination shall be final and binding. (Ord. 10-5-9, 5-18-2010)

   A.   Accessory uses shall be customarily incidental to the principal uses.

   B.   Any production, processing, cleaning, servicing, testing, or repair of goods, materials, machinery or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties and shall take place within completely enclosed buildings, unless authorized as an accessory use.

   C.   All outside display or storage of goods, materials, machinery or products outside of any principal or accessory structures is prohibited unless authorized as an accessory use.

   D.   As a condition to allowing outdoor truck and vehicle parking as an accessory use, the village board may require that such trucks and equipment loaded on vehicles used in the operation of the business may only be parked in areas with appropriate screening and at a distance of not less than three hundred feet (300') from a residential district in the village. In no event shall any truck or other vehicle stand or be parked within three hundred feet (300') of a residential district in the village with its engine, compressor, or any other motor running except for that period of time necessary to load or unload the truck or vehicle.

   E.   If required by the village board, an owner applying for issuance of an occupancy permit or building permit for any property in the TBO district shall submit a plan addressing the specifics for pedestrian and vehicular circulation and architectural and engineering plans for any proposed new buildings (such plans shall bear the signature and seal of the appropriate qualified professionals) for approval by the village board as to compliance with the purpose of this chapter and other village ordinances. Such approval shall be required prior to the issuance of an occupancy permit or building permit for any property in the TBO district. The village board may refer the proposal to the plan commission for review and recommendation. The village board may require such design professionals to certify that the performance standards set forth in this chapter will be complied with based upon the submitted plans and documents. The village reserves the right to conduct its own investigation to determine compliance with the requirements of this chapter. Renewals of occupancy certificates when no material changes are present in the application shall not require village board approval.

   F.   1. If required by the village board, those portions of property not devoted to buildings, pavement or other permanent improvements or required for the operation of the business shall be landscaped and well maintained. "Landscaping" shall mean the use of trees and a ground cover defined as grass, shrubs or other material allowing water to seep through the ground. So as to ensure an overall landscaping scheme, the owner shall prepare a landscaping plan for submission to the village prior to the issuance of an occupancy permit or building permit. Such plan shall include the location, size and species of all trees, shrubs and all plant material. All landscape plans must show the proposed land slope with a two foot (2') contour interval, all proposed plantings, drainage facilities, pavements and other proposed facilities. The landscape plan shall also include a replacement and maintenance plan that specifies the care activities for plantings and the timely replacement of dead, dying or diseased plants or of specimens rejected by the village as nonconforming to the approved plant specifications shown in the plan.

      2.   Along any district boundary line which abuts or adjoins a residential district in the village, the village board may require that there shall be provided, immediately adjacent to the residential district boundary line, a solid wall, fence, or hedge constructed and maintained to form a screen not less than six feet (6') in height. Such screen shall be required prior to issuance of a certificate of occupancy. A temporary certificate of occupancy may be issued if the village forester determines the installation of said screen may be delayed due to seasonal conditions.

   G.   Parking areas, building exteriors and all other parts of the tract visible from the public way shall be maintained in an attractive, well kept condition. An appearance plan for all proposed buildings and structures must be submitted for the village board's approval. When existing buildings only are described in the application, the village board may accept photographs and narrative descriptions of facade or other improvements, if any.

   H.   Any applicant requesting a special use in the TBO district shall be required to follow the procedures for obtaining a special use as set forth in section 9-11-9 of this title and shall satisfy the performance standards set forth in this chapter, except that if a special use is requested for a mixed use planned development, then the applicant shall also follow the mixed use planned development procedures set forth in article B of this chapter. Additional requirements for noise abatement concerning placement of equipment, type and size of equipment, and hours of operation may be set forth as conditions in any ordinance approving the special use. If the village board determines that any change proposed to an ordinance granting a special use in the TBO district is a minor change, the village board may approve such change by ordinance duly adopted without a public hearing before the plan commission. Any ordinance adopted to amend an ordinance granting a special use shall be recorded in the recorder's office of Lake County, Illinois. (Ord. 10-5-9, 5-18-2010)

It is the intent of these regulations to require that the use of land and buildings in the TBO district shall be established and maintained in order that each use shall be a good neighbor to adjoining properties by the control of emission of noise, odor, glare, vibration, smoke, dust, liquid wastes and other nuisances. Specifically, all uses shall operate in conformance with this code and shall be limited by the following:

   A.   Noise Emitted To Residential Districts: No use shall cause or allow the emission of sound from any noise source located in the TBO district, to any receiving residential district in the village which exceeds the allowable octave band sound pressure level specified in the following table, when measured at any point within such receiving residential district:

 

Impulsive type noises shall be subject to the above performance standards, provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being measured, for the purpose of this chapter, shall be those noises which cause rapid fluctuation of the needle of the sound meter, with a variation of not more than plus or minus two (±2) decibels. Noises incapable of being so measured, such as those of irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent areas. Test procedures to determine whether the emission of sound is in conformance with this regulation shall be in substantial conformity with standards and recommended practices established by the American National Standards Institute, Inc., (ANSI) and the latest revisions thereof, including ANSI S1.1 - 1960, ANSI S1.6 - 1967, ANSI S1.8 - 1969, ANSI S1.2 - 1962, ANSI S1.4 - 1971 - type 1 precision, ANSI S1.11 - 1966, and ANSI S1.13 - 1971 field method. The foregoing sound level restrictions shall apply to all trucks and vehicles under the control of the property user or owner, including idling engines and trailer, but shall not apply to vehicles in process of entering and leaving the property. The foregoing sound level restrictions shall not apply to emergency warning devices and unregulated safety relief valves or to sound emitted from equipment used for temporary construction during hours permitted for such construction. An ordinance granting a special use for operation of a wood waste recycling facility may specify the above standards or other standards to govern the emission of sound from the operation of a tub grinder.

   B.   Odors: The emission of odorous matter in such quantities as to be readily detectable at any point along a property line, or which is unwholesome, offensive, harmful or injurious to the public health, comfort or welfare, is prohibited. The measurement of the threshold odor shall be in accordance with the American Society For Testing And Materials method ASTM E679-79, "Standard Practice For Determination Of Odor And Taste Thresholds By A Forced-Choice Ascending Concentration Series Method Of Limits". (Current edition approved on August 15, 1991, and published in October 1991, as ASTM E679-919, which is hereby adopted by reference.) Detailed plans for the prevention of odors crossing property lines may be required before the issuance of an occupancy certificate or building permit.

   C.   Glare Or Heat: Any operation producing intense glare or heat shall be performed within a completely enclosed building in such manner as not to create a public nuisance or hazard. Exposed sources of light shall be controlled so that direct or indirect illumination from any source within the property line shall not cause illumination in excess of the requirements of the residential outdoor lighting ordinance (title 5, chapter 6 of this code) when measured at any zoning lot line of a residential district. The measurement of glare or light shall be made at the property line using a light meter operated by a trained operator through an independent testing agency. Any lights used for exterior illumination shall be planned, erected and maintained to direct light away from adjoining properties or public rights of way.

   D.   Vibration: Any operation or activity shall not cause earthborne vibrations in excess of the following values. Column I shall apply at or beyond the property line, column II shall apply at or beyond a residence district boundary line. Vibration shall be expressed as displacement in inches and shall be measured with a three (3) component measuring system:

 

 

Impact vibrations (discrete pulses that do not exceed 100 impulses per minute) shall not cause in excess of twice the displacement values above.

   E.   Smoke And Particulate Matter: In addition to the performance standards specified herein, the emission of smoke or particulate matter in such manner or quantity as to endanger or be detrimental to the public health, safety, comfort or welfare is declared to be a public nuisance. No outdoor burning or fires shall be allowed.

   F.   Gases, Toxic Or Noxious Matter: No toxic materials shall be detectable at any point beyond the lot line, either at ground level or habitable elevation, whichever is more restrictive.

   G.   Waste: All sewage wastes shall be treated and disposed of in such manner as to comply with the water quality standards applicable to the classification assigned to the receiving waters by the village, the state of Illinois, and the United States environmental protection agency. Approval by the Illinois environmental protection agency of all plans for waste disposal facilities shall be required before issuance of any occupancy permit or building permit. (Ord. 10-5-9, 5-18-2010)

All properties in the B-2 business compatible district shall be contiguous to property classified in the B-1 neighborhood business district or the transitional business overlay (TBO) district and shall have access to Milwaukee Avenue, Deerfield Road, Lake Cook Road or Saunders Road by passage over private streets or easements that are not normally used by properties located in any residential district. Subject to the foregoing restrictions on contiguity and access, the properties in the B-2 business compatible district may be located adjacent to residential districts. Unlike properties located in the B-1 neighborhood business district and TBO district, which have frontage on major arterial streets and enjoy visibility appropriate for their uses, the properties in the B-2 business compatible district lack such frontage. The B-2 business compatible district therefore provides appropriate uses for those properties having no street frontage on major arterial streets yet having access to such arterial streets without impacting residential areas. To accomplish this purpose, the B-2 business compatible district will allow single-family dwellings, as well as certain social, cultural, educational, conference and office uses which will be limited in intensity to minimize impact upon adjoining residential districts. All uses in this district shall be maintained and operated in such a manner as will not limit, restrict or impair the health, comfort, safety and welfare of adjoining residential district property owners and the value and enjoyment of their properties. (Ord. 10-5-9, 5-18-2010)

The following uses are the only permitted uses in the B-2 compatible district:

   Permitted uses authorized in the R-1 42,000 square feet single-family residential district.

   Cultural center.

   Notwithstanding the foregoing, a cultural center shall be a permitted use only while it operates in accordance with the limitations on intensity of use described in section 9-5F-9 of this article. (Ord. 10-5-9, 5-18-2010)

Subject to the provisions of this article, one or more of the following special uses may be allowed in this district, if authorized by the village board:

   Conference facility.

   Early childhood facility.

   General office use.

   Private dining facility.

   Private instructional facility. (Ord. 10-5-9, 5-18-2010)

   A.   Lot Area: If a single-family detached dwelling is the principal use, there shall be not less than sixty thousand (60,000) square feet of lot area; otherwise there shall be not less than one hundred eighty thousand feet (180,000') of lot area. The lot area shall exclude the land lying within the right of way of any streets, roads and private easements for ingress and egress to such lot.

   B.   Frontage: No lot shall have frontage of less than one hundred twenty feet (120') or an average lot width of less than one hundred fifty feet (150'). (Ord. 10-5-9, 5-18-2010)

There shall not be more than one principal building per zoning lot. In the case of a cultural center, a second building erected and occupied solely as a caretaker's residence shall be allowed as an accessory use and building but shall not be subject to the size limits of section 9-2-6-6 of this title; however, the square footage of the caretaker's residence shall constitute less than twenty five percent (25%) of the square footage of the principal building. The caretaker's building shall be a single-family dwelling for the caretaker and his or her immediate family. The caretaker shall be employed in such capacity by the owner of the principal use on the property. (Ord. 10-5-9, 5-18-2010)

Building height shall not exceed thirty five feet (35') above grade level. (Ord. 10-5-9, 5-18-2010)

The following yard requirements apply, provided that the village board may modify these requirements in an ordinance authorizing a special use permit in the district:

   A.   Front Yard: There shall be provided a front yard of not less than fifty feet (50') in depth, measured perpendicular to the front lot line. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required front yard, except as permitted in section 9-2-6-8 of this title.

   B.   Side Yard: There shall be provided two (2) side yards, each of which shall be not less than forty feet (40') in width, measured perpendicular to each side lot line. On a corner lot there shall be a front yard on each street side of such lot, except that the buildable width of the lot shall not be reduced to less than sixty five feet (65'). In order to maintain a buildable width of lot no less than sixty five feet (65'), the two (2) side yards shall be reduced in width equally. No swimming pool, tennis court, deck, patio or other accessory building or structure shall be located in the required side yard, except as permitted by section 9-2-6-8 of this title.

   C.   Rear Yard: There shall be provided a rear yard of not less than one hundred feet (100'), measured perpendicular to the rear lot line. No swimming pool, tennis court, deck, patio or accessory building or structure shall be located in the required rear yard, except as permitted by section 9-2-6-8 of this title. (Ord. 10-5-9, 5-18-2010)

Notwithstanding other provisions of this title, the off street parking requirements shall be based on a minimum of one space for every three (3) seats (whether fixed seats or bench seats, based on the maximum seating capacity for persons intended to gather for events or assembly) while also providing parking spaces for accessory uses. The village board may modify the requirements for the amount of off street parking required for a special use in the ordinance granting the special use to reflect the proposed uses and limitations on such uses set forth in section 9-5F-9 of this article. (Ord. 10-5-9, 5-18-2010)

The following limitations shall apply to the use and operation of a cultural center in the district:

   A.   Definitions:

      EVENT OF PUBLIC INTEREST: Any regular activity or other use of the cultural center which is sponsored by the cultural center as a means of furthering its mission and purpose and is attended by more than seventy five (75) persons. Events of public interest may include events open to the general public, such as Midsummer Festival (an annual celebration held on a Saturday during the last half of June), New Year's Eve and theatrical or musical performances by visiting companies or artists. Events of public interest may require that tickets or entrance fees be purchased by those attending.

      PRIVATE MEMBER RECEPTIONS: Private banquets and receptions for members and their invited guests.

      REGULAR ACTIVITY: An activity intended to be conducted in a cultural center by its members (as recognized under the bylaws or organizational charter of the center) and their invited guests. Examples of regular activities include church services, Sunday school, lunch for members, use of the center's library, museum and social areas, private member receptions, and presentation of cultural programs, such as films, art exhibits, lectures or music. Regular activities do not include use of the cultural center as a daily school for children. The general public is not invited to participate in regular activities.

      RENTAL EVENT: Any event or use of the cultural center under a special use permit authorized by the village board pursuant to this article. For example, each use as a private dining facility, when that special use is granted, constitutes a rental event.

   B.   Total Number Of Events: The total number of events of public interest shall not exceed forty (40) events in any calendar year nor two (2) events on any weekend, except that for a limited season of three (3) weeks each summer, theatrical performances may be held twice a day on Friday, Saturday and Sunday, on three (3) consecutive weekends.

   C.   Total Number Of Outdoor Events: Not more than four (4) events of public interest shall be conducted outdoors in any year, and each such outdoor event of public interest shall be moved indoors by ten o'clock (10:00) P.M. When being conducted outdoors, an event of public interest shall be positioned to maximize screening and remoteness from adjacent residential areas.

   D.   Maximum Number Of Attendees: The maximum number of people that may attend any event of public interest shall be two hundred (200), but for the celebration of Midsummer Festival, the maximum attendance shall be two hundred fifty (250). For purposes of counting attendees, any number above ten (10) employees and contractors who are engaged for the purpose of catering, serving and entertaining guests, shall be included in the count.

   E.   Restrictions On Alcohol And Ending Time: At events of public interest, no alcohol shall be served after ten o'clock (10:00) P.M., no live music shall be played on the property (indoors or outdoors) after ten thirty o'clock (10:30) P.M. and all guests shall leave the premises by eleven o'clock (11:00) P.M., except that the following events will be subject to extended time limits:

      1.   For the celebration of Midsummer Festival, and for no more than five (5) additional events of public interest held in any calendar year, no alcohol shall be served after twelve o'clock (12:00) midnight, the music shall be quieted after twelve o'clock (12:00) midnight and end by twelve thirty o'clock (12:30) A.M. and all guests shall leave the premises no later than one o'clock (1:00) A.M.

      2.   For New Year's Eve, no alcohol shall be served after one o'clock (1:00) A.M., the music shall be quieted after one o'clock (1:00) A.M. and end by one thirty o'clock (1:30) A.M. and all guests shall leave the premises no later than two o'clock (2:00) A.M.

At all indoor events of public interest, the noise level shall be monitored and controlled within appropriate levels so as not to disturb adjacent residential areas.

   F.   Parking And Outdoor Lighting: Parking for events of public interest shall make use of parking areas positioned to maximize screening and remoteness from adjacent residential areas. Outdoor street lighting controlled by the cultural center will be turned off at ten o'clock (10:00) P.M.

   G.   Special Use Restrictions To Control: If a special use in this district is granted, the village board may consider the total number and intensity of rental events as opposed to events of public interest for purposes of applying the restrictions on intensity of use set forth in this section. Any modifications to the restrictions in this section set forth in the ordinance approving such special use shall be controlling. (Ord. 10-5-9, 5-18-2010)

An application for a special use permit in the district shall require submission of a site development plan, landscape plan, traffic analysis, architectural drawings, elevations and renderings depicting the design features of the development and a specifications list for materials and finishes, and other related documents, as the plan commission or village board shall require. Any applicant requesting a special use in the B-2 business compatible district shall be required to follow the procedures for obtaining a special use as set forth in section 9-11-9 of this title. If the village board determines that any change proposed to an ordinance granting a special use in the B-2 Business Compatible District is a minor change, the Village Board may approve such change by ordinance duly adopted without a public hearing before the Plan Commission. Any ordinance adopted to amend an ordinance granting a special use shall be recorded in the Recorder's Office of Lake County, Illinois. (Ord. 10-5-9, 5-18-2010)

Subject to the general standards and procedures for the granting of special uses as required by this title, the Village Board may authorize one or more of the special uses described in this article, provided the Village Board finds that the applicant satisfies the criteria set forth below:

   A.   The applicant will consolidate the site into a single lot of record under the Village's subdivision control ordinance, if required by the Village Board. Fee simple title to the site shall be vested in a single owner.

   B.   The impervious surface ratio (ISR), as applied to special uses described in this article, is the area covered by buildings, parking, drives, aisles, loading areas, patios or other paved areas, divided by the site area in accordance with the following formula:

         ISR = Ab + Ap + Al + Ao

            S

      Where:

 

 

The maximum ISR for the site shall not exceed 0.25 unless such requirement is modified by the Village Board in the ordinance granting the special use. (Ord. 10-5-9, 5-18-2010)

   C.   The exterior of all sites adjoining any residential district shall have a sixty foot (60') planted buffer yard. There shall be no parking or drives permitted in buffer yards, but parking shall be allowed in the remaining portions of the required yards, if allowed by the terms of the site development plan approved for the site. Access roads may cross the buffer yards when required for access, but shall be oriented to minimize the areas consumed by such crossings. In order to be compatible with or promote the wooded character of the Village, buffer yards shall be landscaped to promote the establishment and conservation of natural wooded areas, so that eighty percent (80%) of their area is in natural plantings, as recommended by the Village Forester. No more than twenty percent (20%) of the total area may be in water features, unless waived by the Village Engineer and approved by the Village Board as a condition of the special use. Buffer yards shall be planted with canopy trees, understory trees and shrubs interbedded to form a planting arrangement with all three (3) heights of plant material intermixed. The ground cover may be bark or wood chips, natural unmowed grasses, flowers or ground covers, as approved by the Village Forester. Tree reforestation plans shall be prepared when required under the Village tree and woodland protection ordinance. If woodland areas exist on the site, the foregoing requirements for buffering may be waived to the extent such requirements would conflict with the goals of the Village's tree and woodland protection ordinance. (Ord. 10-5-9, 5-18-2010; amd. Ord. 18-03-05, 3-6-2018)

   D.   No application for a special use permit shall be approved unless the Village Board, in addition to making the required findings under section 9-11-9 of this title, shall find that the proposal substantially adheres to the following design criteria:

      1.   The site satisfies the minimum lot area requirements set forth in this article. (Ord. 10-5-9, 5-18-2010)

      2.   The natural topographic and landscape features of the site are preserved and incorporated into the development wherever possible, including compliance with the buffer yard requirements set forth in this article and the terms and conditions of the Village's tree and woodland protection ordinance. (Ord. 10-5-9, 5-18-2010; amd. Ord. 18-03-05, 3-6-2018)

      3.   The buildings on the site are oriented in a manner that creates harmonious development and minimizes the visual impact on any adjacent areas, particularly residential areas.

      4.   Stormwater detention facilities, if required, comply with the requirements of the watershed development ordinance (title 11, chapter 1 of this Code) and are designed as a visual amenity for the project, wherever possible.

      5.   The exterior elevations of the buildings demonstrate the use of higher grade finishes and present an architecturally harmonious development throughout the entire site; for sites adjoining a residential district, the exterior elevations of the buildings incorporate residential design features in order that the buildings harmonize with the appearance and general character of the residential area.

      6.   Lighting standards and signage on the site conform to the requirements of this Code. If adjoining a residential district, outdoor lighting conforms to the requirements of the residential outdoor lighting ordinance (title 5, chapter 6 of this Code). (Ord. 10-5-9, 5-18-2010)