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West Dundee City Zoning Code

CHAPTER 7

SD SPECIAL DEVELOPMENT DISTRICT

10-7-1: GENERAL PURPOSE:

The SD special development district is designed to promote high quality development of large sites, which due to close access to the regional transportation network, can support uses having regional significance. Because of the nature and size of such sites, full development potential can only be achieved by accommodating a mix of uses on the site. Thus, this district is intended to provide for mixed use flexibility while maintaining appropriate design standards for the individual uses allowed in the district. The SD special development district is also intended to establish design standards and development controls that are appropriate for regionally significant development sites. (Ord. 93-09, 7-12-1993)

10-7-2: DEFINITIONS:

The following definitions shall be applied to this chapter:
   ACCESSORY USE: An activity conducted or located within a building or structure, or on the open area of the lot which:
   A.   Is conducted or located on the same zoning lot as the principal building or use, except as may be specifically provided elsewhere in this chapter;
   B.   Is clearly incidental to, subordinate in purpose to, and serves the principal use; and
   C.   Is in either the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.
   ANIMAL CARE FACILITIES, INCLUDING VETERINARIAN OFFICES, ANIMAL HOSPITALS, AND KENNELS: Any building or portion thereof designed or used for the care, observation or treatment of domestic animals which may include boarding and/or veterinary care.
   ANIMAL/PET GROOMING SERVICES: Any business where clipping, bathing, and related services are provided for dogs, cats, and other domestic pets but not including veterinary care and/or daytime and boarding.
   BUILDING HEIGHT: The maximum vertical distance above a reference datum measured to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hipped roof. The reference datum shall be the grade of adjacent ground within ten feet (10') of the building based on either natural grade or an approved grading plan. "Permitted rooftop mechanical equipment", as defined herein, shall be excluded from the measurement of maximum height.
   DEVELOPMENT PARCEL: An area of land that may contain multiple lots and buildings which is planned and constructed as a coordinated development.
   FLOOR AREA RATIO: The number obtained by dividing the floor area of all permanent roofed over buildings on a lot, by the area of the lot on which the building or buildings are located. For the purpose of calculating floor area ratio, floor area shall include the floor area of all aboveground floors or stories, but shall not include floor area contained in basements or below grade floors.
   GAMING FACILITY: Those facilities, including, but not limited to, docking facilities, established pursuant to licenses issued under the riverboat gambling act, 230 Illinois Compiled Statutes 10/1 et seq., or facilities established pursuant to the Illinois horseracing act of 1975, 230 Illinois Compiled Statutes 5/1 relating to off track betting, and accessory facilities and uses ancillary thereto, but expressly excluding land based casino and gambling facilities.
   HALF STORY: That portion of a building under a gable, hip, or mansard roof, the wall plates of which on at least two (2) opposite sides, are not more than four and one-half feet (41/2') above the finished ceiling of the story immediately below.
   INDUSTRIAL ASSEMBLY USE: An industrial use in the light industrial park use area engaged in the fabrication of finished or partially finished products from premade component parts produced off site. Assembly use shall not engage in metal stamping, food processing, chemical processing, or painting.
   LANDSCAPE AREA: A portion of the lot devoted exclusively to landscaping, except that streets, drives, and sidewalks may be located within such area to provide reasonable access.
   LANDSCAPE COVERAGE: The portion of a lot free from buildings, structures and pavement, but inclusive of water bodies and detention areas. Landscape coverage is expressed as a percentage of lot area.
   LIGHT INDUSTRIAL USE: The assembly, fabrication or processing of goods or materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside the building. Such processes shall occur entirely within an enclosed building. No outdoor storage is allowed. Light industrial use generally includes processing and fabrication of finished products, predominately from previously prepared materials, and includes processes which do not require extensive floor or land areas.
   MINIMUM DEVELOPMENT PARCEL AREA: The smallest amount of land permitted to be designated for development under a particular use area.
   OFFICE USE: A type of business use, which may or may not offer services to the consuming public, that is engaged in the processing, manipulation or application of business information or professional expertise. An office use is not materially involved in fabricating, assembling or warehousing of physical products for the retail or wholesale market, nor is an office engaged in the repair of products or retail services. Examples of professional offices include: accounting, investment services, architecture, engineering, legal services and real estate services. Unless otherwise specified, office use shall include doctor's and dentist's offices.
   PARKING SETBACK: An area in which off street parking is prohibited, although driveways and sidewalks are permitted when needed to provide reasonable access.
   PERMITTED ROOFTOP MECHANICAL EQUIPMENT: Mechanical equipment and accessory structures located above the maximum height permitted shall be limited to the following: a) on flat roof buildings, accessory structures and buildings not more than fifteen feet (15') in height are permitted, provided that structures over six feet (6') in height are located at least twenty feet (20') from the exterior wall of the building; and b) on all other roofs, accessory structures shall be limited to chimneys, antennas, utility service poles, flagpoles, vents and other similar structures which do not exceed ten feet (10') in height.
   RETAIL GOODS ESTABLISHMENT: A building, property, or activity, the principal use of which is the sale of physical goods, products or merchandise directly to the consumer.
   RETAIL SERVICE ESTABLISHMENT: A building, property, or activity, the principal use of which is the provision of personal services directly to the consumer. The term "retail service establishment" shall include, but not be limited to, barbershops, beauty parlors, laundry and dry cleaning establishments (plant off premises), tailoring shops, shoe repair shops and other similar establishments.
   SPECIMEN COLLECTION FACILITY: A facility that collects materials derived from the human body for the purpose of testing to provide information for the diagnosis, prevention, or treatment of any disease or impairment of, or assessment of the health of, human beings. Said facilities shall be limited to a maximum of two (2) within SD Special Development District Zoning.
   STREETS, ARTERIAL: A street or road under the jurisdiction of IDOT or the county highway department.
   STREETS, COLLECTOR: Public or private streets within the development designed to the standards of a collector street as established in the subdivision regulations.
   STREETS, LOCAL: Any public or private street that is not an arterial street or a collector street.
   USE AREA: An area of land designated for a particular range of uses, and subject to design standards as established in this chapter.
   WAREHOUSE/DISTRIBUTION: A use engaged in the short term storage of materials for one company within an entirely enclosed building and using trucks/tractor trailers for the transport of such goods. This use shall not include truck freight terminals.
(Ord. 93-09, 7-12-1993; amd. Ord. 2022-05, 3-7-2022; Ord. 2023-27, 10-2-2023)

10-7-3: DISTRICT LOCATION STANDARDS:

(Rep. by Ord. 09-16, 7-6-2009)

10-7-4: ESTABLISHMENT OF USE AREAS:

To adequately control the development of mixed uses, use areas are established as a method to control the grouping of uses. "Use area", as defined herein, shall be established that require the grouping of like/similar uses within the prescribed area and the application of design standards related to the use group. Thus, while the SD district allows the owner/developer certain locational discretion in terms of the arrangement of uses, the use area regulations of the district place controls on such discretion to ensure compatibility of use and design standards. In addition to the specific design standards of each use area, the following general regulations for use areas shall apply:
   A.   Designation Of Use Areas: Given the size and nature of sites designated in the SD district, it is anticipated that development will occur sequentially over a long period of time. This sequential development process shall be initiated by the owner's/developer's designation of a use area for the portion of the site that is to be the subject of the current phase of development. This designation of a use area shall be part of an application for subdivision approval as contained in the village's subdivision regulations.
   B.   Application Of Subdivision Regulations: The layout of streets, public improvements and other aspects of land subdivision shall be subject to the full application of the village's subdivision regulations. Conformance to design standards shall be based on the use area regulations contained in the SD district regulations.
   C.   Minimum Size Of Use Area Development Parcels: The size of use areas must conform to the minimum development parcel size requirements contained within the use area regulations for each use area.
   D.   Use Area Boundaries: Use areas conforming to applicable minimum development parcel size requirements shall be defined by the following boundaries:
      1.   Boundaries of land ownership, other than public rights of way, shall constitute a use area boundary.
      2.   Collector level streets, as defined in the subdivision regulations, shall constitute a use area boundary.
      3.   Arterial streets, as defined in the subdivision regulations, or state highways, shall constitute a use area boundary.
      4.   SD district boundaries shall constitute use area boundaries.
      5.   Use area boundaries other than those listed above shall be described via survey and established at the time of preliminary subdivision. (Ord. 93-09, 7-12-1993)

10-7-5: USE AREAS:

   A.   Categories: Seven (7) categories of use areas are hereby established:
      1.   Office park use area.
      2.   Light industrial park use area.
      3.   Commercial use area.
      4.   Retail center use area.
      5.   Single-family use area.
      6.   Multi-family use area.
      7.   Gaming and docking use area.
   B.   Purpose Statements: Consistent with the intent of the SD district to foster high quality and integrated land development, the purpose of each of the seven (7) use areas is described below:
      1.   Office Park Use Area: To create campus like settings for professional offices and related principal and accessory uses which include generous landscape areas and well planned vehicular and pedestrian circulation.
      2.   Light Industrial Park Use Area: To create clean and attractive centers for light industries which exhibit attractive landscaping, indoor operations, properly located loading facilities and appropriate yard and bulk standards.
      3.   Commercial Use Area: To allow for a wide range of commercial uses, which may include larger scale use of regional significance, within the context of an attractive setting.
      4.   Retail Center Use Area: To create integrated shopping centers exhibiting safe and efficient ingress and egress, attractive and coordinated landscaping, compatible architecture and signage, and well functioning internal circulation and parking lots.
      5.   Single-Family Use Area: To provide for attractive single- family use areas within the context of a large mixed use planned development.
      6.   Multi-Family Use Area: To provide standards for multi-family uses to promote high quality development exhibiting good site planning, compatible architecture, appropriate yards and attractive landscaping.
      7.   Gaming And Docking Use Area: To provide appropriate development controls over gaming and docking facilities and related uses. (Ord. 93-09, 7-12-1993)

10-7-5-1: OFFICE PARK USE AREA REGULATIONS:

The range of permitted and special uses and the design of buildings, lots and lot improvements shall conform with the following regulations:
   A.   Permitted Uses:
      Accessory uses.
      Art galleries.
      Banks, including those with drive-through facilities.
      Credit unions.
      Daycare, for adults and children when accessory to a permitted use.
      Finance companies.
      Government offices/services (excluding maintenance shops).
      Graphics and drafting services.
      Insurance offices.
      Medical and dental offices.
      Meeting halls.
      Offices; business, professional, governmental and institutional.
      Private social and fitness clubs.
      Real estate offices.
      Research laboratories, accessory to permitted uses.
      Restaurants, accessory; located within the building of a principal permitted use.
      Retail goods establishment, accessory; located within the building of a principal permitted use.
      Retail service establishment, accessory; located within the building of a principal permitted use.
      Savings and loans, including those with drive-through facilities.
      Savings banks, including those with drive-through facilities.
      Schools; technical, business or vocational.
      Studios; art, music and photographic.
   B.   Special Uses:
      Colleges and universities.
      Daycare, adult and children.
      Health clubs.
      Heliports.
      Hotels and motels.
      Research and development facilities.
      Laboratories; research and testing.
      Libraries.
      Museums.
      Public parks and open space.
      Schools, primary or secondary, either public or private.
      Specimen collection facilities.
      Utility service buildings, towers and uses, excluding ordinary transmission lines, wires, poles, etc., providing service to individual uses.
   C.   Lot Area Requirements:
      1.   Minimum Development Parcel Area: Twenty (20) acres.
      2.   Minimum Lot Area: 2.5 acres, provided that corner lots abutting an arterial or collector street shall be not less than five (5) acres.
      3.   Minimum Lot Width: Two hundred fifty feet (250'), provided that:
         a.   On corner lots the lot width shall not be less than three hundred feet (300'); and
         b.   On corner lots abutting an arterial or collector street the lot width shall not be less than four hundred fifty feet (450').
      4.   Minimum Yard Requirements:
         a.   Front Yard And Corner Side Yard:
            (1)   For Lots Along Arterial And Collector Streets: Seventy five feet (75').
            (2)   For Lots Along Local Streets: Thirty five feet (35').
         b.   Interior Side Yard: Thirty feet (30').
         c.   Rear Yard: Thirty feet (30').
      5.   Minimum Parking Setbacks: Parking areas on lots within the office park use area shall maintain the following minimum setbacks:
         a.   In Front And Corner Side Yards Abutting Arterial And Collector Streets: Twenty five feet (25'), except that where the setback coincides with a scenic easement, no parking setback shall be required.
         b.   In Front And Corner Side Yards Abutting Local Streets: Fifteen feet (15').
         c.   Minimum Setback Along Any Property Line: Ten feet (10').
         d.   Internal Parking Setbacks From Buildings: A minimum of fifteen feet (15') of landscaped area shall be provided around all principal buildings.
      6.   Maximum Building Height:
         a.   Principal Buildings: Maximum building height shall be one hundred twenty five feet (125'), provided that for each foot in height over seventy feet (70'), each required yard shall be increased one foot (1').
         b.   Accessory Buildings: Fifty feet (50'), provided that for each foot the building exceeds thirty five feet (35') in height, each required yard shall be increased one foot (1').
      7.   Maximum Floor Area Ratio: 1.0, including the floor area of all principal and accessory buildings.
      8.   Required Space Between Buildings: Multiple buildings are permitted on a lot, provided that the following spacing between buildings is provided:
         a.   Space Between Principal Buildings: Forty feet (40'), provided that for each three feet (3') of height over seventy feet (70'), this space shall be increased one foot (1').
         b.   Space Between Principal And Accessory Buildings: Twenty feet (20'), provided that for each foot the accessory building exceeds thirty five feet (35'), this space shall be increased one foot (1').
         c.   Space Between Accessory Buildings: Twenty feet (20').
      9.   Minimum Landscape Coverage: The minimum landscape coverage shall be not less than thirty five percent (35%) of the lot area.
      10.   Transitional Buffer Requirements: Where a boundary line for an office park use area abuts a boundary line for any residential use area without separation of a public right of way, a landscape buffer fifty feet (50') in width shall be required in addition to any required yards. The landscape buffer shall be improved as required by the village's D. Hill landscape standards.
   D.   Business Operation Standards: No business shall be open to the public between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M., seven (7) days a week, except that said standard shall not apply to automobile service stations or hotel and motel complexes providing twenty four (24) hour a day services. Further, that automatic operated devices, including specifically cash station and other automatic cash machines provided in association with banking and lending institutions, newspaper vending machines, and pop and food vending machines, all used and operated as an accessory use to the principal use as a business otherwise operating in this use area, should not be considered in violation of the business operation standards as long as they are fully automated and do not require attendant personnel between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. (Ord. 93-09, 7-12-1993; amd. Ord. 2022-05, 3-7-2022)

10-7-5-2: LIGHT INDUSTRIAL PARK USE AREA REGULATIONS:

The range of permitted and special uses and the design of buildings, lots and lot improvements shall conform with the following regulations:
   A.   Permitted Uses:
      Accessory uses.
      Automotive products and service operations.
      Blueprinting and photostating shops.
      Business machine sales, rental and service.
      Contractor offices, no outdoor storage.
      Daycare, for adults and children when accessory to a permitted use.
      Equipment sales and rental.
      Government offices and services.
      Industrial assembly use.
      Laboratories; medical, dental and optical.
      Laboratories; research and testing.
      Light industrial uses.
      Mail order houses.
      Newspaper distribution agencies.
      Precision instrument manufacture.
      Rental self-storage.
      Research and development facilities.
      Warehouse, distribution and wholesale uses.
   B.   Special Uses:
      Adult media store.
      Body art studios, as regulated in title 3, chapter 14 of this code.
      Communication transmission towers.
      Freight terminals.
      Health clubs/indoor recreation.
      Public parks and open space.
      Specimen collection facilities.
      Utility service buildings, towers and uses, excluding ordinary transmission lines, wires, poles, etc., providing service to individual uses.
      Vehicle parking/storage.
   C.   Lot Area Requirements:
      1.   Minimum Development Parcel Area: Twenty (20) acres.
      2.   Minimum Lot Area: One acre, provided that corner lots abutting an arterial or collector street shall be not less than two (2) acres.
      3.   Minimum Lot Width: One hundred fifty feet (150'), provided that on corner lots, the lot width shall not be less than three hundred feet (300').
      4.   Minimum Yard Requirements:
         a.   Front Yard And Corner Side Yard:
            (1)   For Lots Along Arterial And Collector Streets: Fifty feet (50').
            (2)   For Lots Along Local Streets: Thirty five feet (35').
         b.   Interior Side Yard: Fifteen feet (15').
         c.   Rear Yard: Thirty feet (30').
      5.   Minimum Parking Setbacks: Parking areas on lots within the light industrial park use area shall maintain the following minimum setbacks:
         a.   In Front And Corner Side Yards Abutting Arterial And Collector Streets: Twenty feet (20'), except that where the setback coincides with a scenic easement, no parking setback shall be required.
         b.   In Front And Corner Side Yards Abutting Local Streets: Fifteen feet (15').
         c.   Minimum Setback Along Any Property Line: Ten feet (10').
         d.   Internal Parking Setbacks From Buildings: A minimum of ten feet (10') of landscaped area shall be provided around all principal buildings, provided that where access is needed from parking or service areas, this number may be reduced to zero.
      6.   Maximum Building Height:
         a.   Principal Buildings: Maximum building height shall be forty five feet (45').
         b.   Accessory Buildings: Thirty five feet (35').
      7.   Maximum Floor Area Ratio: 0.6, including the floor area of all principal and accessory buildings.
      8.   Required Space Between Buildings: Multiple buildings are permitted on a lot, provided that the following spacing between buildings is provided:
         a.   Space Between Principal Buildings: Thirty feet (30').
         b.   Space Between Principal And Accessory Buildings: Twenty feet (20').
         c.   Space Between Accessory Buildings: Twenty feet (20').
      9.   Minimum Landscape Coverage: The minimum landscape coverage shall be not less than thirty percent (30%) of the lot area.
      10.   Transitional Buffer Requirements: Where a boundary line for a light industrial park use area abuts a boundary line for any residential use area without separation of a public right of way, a landscape buffer fifty feet (50') in width shall be required in addition to any required yards. The landscape buffer shall be improved with plant material as required by the village's D. Hill landscape standards.
   D.   Business Operation Standards: No business shall be open to the public between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M., seven (7) days a week, except that said standard shall not apply to automobile service stations or hotel and motel complexes providing twenty four (24) hour a day services. Further, that automatic operated devices, including specifically cash station and other automatic cash machines provided in association with banking and lending institutions, newspaper vending machines, and pop and food vending machines, all used and operated as an accessory use to the principal use as a business otherwise operating in this use area, should not be considered in violation of the business operation standards as long as they are fully automated and do not require attendant personnel between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. (Ord. 93-09, 7-12-1993; amd. Ord. 2021-33, 12-6-2021; Ord. 2022-05, 3-7-2022; Ord. 2025-19, 4-7-2025)

10-7-5-3: COMMERCIAL USE AREA REGULATIONS:

The range of permitted and special uses and the design of buildings, lots and lot improvements shall conform with the following regulations:
   A.   Permitted Uses:
      Accessory uses.
      Animal/pet grooming services.
      Art galleries.
      Automobile sales.
      Banks, including those with drive-through facilities.
      Bars and taverns.
      Bars with live entertainment and/or dancing.
      Blueprinting and photostat shops.
      Building materials, retail, within enclosed building, except that garden sales may occur outside.
      Business machine sales and rental.
      Business service uses.
      Concert halls and performance theaters, indoor.
      Credit unions.
      Daycare, adults and children.
      Employment agencies.
      Finance companies.
      Garden centers.
      Government offices and services.
      Health clubs and fitness centers.
      Hotels and motels.
      Libraries and reading rooms.
      Medical and dental offices.
      Motion picture theaters.
      Offices, professional and business, not to exceed thirty percent (30%) of the use area.
      Restaurants; including those with drive-in facilities, alcohol service and/or entertainment.
      Retail goods establishment.
      Retail service establishment.
      Riding stables and schools.
      Schools; business, vocational, technical, music and dance.
   B.   Special Uses:
      Animal care facilities, including veterinarian offices, animal hospitals and kennels.
      Bowling alleys.
      Car and truck rental.
      Cemeteries and mausoleums.
      Convalescent and nursing homes.
      Convention centers.
      Dance halls.
      Game rooms.
      Golf courses.
      Golf driving ranges.
      Funeral homes.
      Heliports.
      Hospitals.
      Laboratories, testing and research.
      Nurseries and greenhouses.
      Offices; business and professional, in excess if thirty percent (30%) of the use area.
      Outdoor motion picture theaters.
      Outdoor retail sales.
      Pool halls.
      Restaurants, where alcohol service and/or entertainment is conducted outdoors.
      Skating rinks, indoor.
      Specimen collection facilities.
      Utility service buildings, towers and uses, excluding ordinary transmission lines, wires, poles, etc., providing service to individual uses.
   C.   Lot Area Requirements:
      1.   Minimum Development Parcel Area: Ten (10) acres.
      2.   Minimum Lot Area: Twenty thousand (20,000) square feet, provided that corner lots abutting an arterial or collector street shall be not less than one acre.
      3.   Minimum Lot Width: One hundred feet (100'), provided that on corner lots the lot width shall not be less than two hundred feet (200').
      4.   Minimum Yard Requirements:
         a.   Front Yard And Corner Side Yard:
            (1)   For Lots Along Arterial And Collector Streets: Fifty feet (50').
            (2)   For Lots Along Local Streets: Thirty five feet (35').
         b.   Interior Side Yard: Thirty feet (30').
         c.   Rear Yard: Thirty feet (30').
      5.   Minimum Parking Setbacks: Parking areas on lots within the commercial use area shall maintain the following minimum setbacks:
         a.   In Front And Corner Side Yards Abutting Arterial And Collector Streets: Twenty feet (20'), except that where the setback coincides with a scenic easement, no parking setback shall be required.
         b.   In Front And Corner Side Yards Abutting Local Streets: Ten feet (10').
         c.   Minimum Setback Along Any Property Line: Ten feet (10').
         d.   Internal Parking Setbacks From Buildings: A minimum of ten feet (10') of landscaped area shall be provided around all principal buildings, provided that where access is needed from parking or service areas, this number shall be reduced to zero.
      6.   Maximum Building Height:
         a.   Principal Buildings: Maximum building height shall be one hundred twenty five feet (125'), provided that for each foot in height over seventy feet (70'), each required yard shall be increased one foot (1').
         b.   Accessory Buildings: Fifty feet (50'), provided that for each foot the building exceeds thirty five feet (35') in height, each required yard shall be increased one foot (1').
      7.   Maximum Floor Area Ratio: 1.0, including the floor area of all principal and accessory buildings.
      8.   Required Space Between Buildings: Multiple buildings are permitted on a lot, provided that the following spacing between buildings is provided:
         a.   Space Between Principal Buildings: Forty feet (40'), provided that for each three feet (3') of height over seventy feet (70'), this space shall be increased one foot (1').
         b.   Space Between Principal And Accessory Buildings: Twenty feet (20'), provided that for each foot the accessory building exceeds twenty five feet (25'), this space shall be increased one foot (1').
         c.   Space Between Accessory Buildings: Twenty feet (20').
      9.   Minimum Landscape Coverage: The minimum landscape coverage shall be not less than thirty percent (30%) of the lot area.
      10.   Transitional Buffer Requirements: Where a boundary line for a commercial use area abuts a boundary line for any residential use area without separation of a public right of way, a landscape buffer fifty feet (50') in width shall be required in addition to any required yards. The landscape buffer shall be improved with plant material as required by the village's D. Hill landscape standards.
   D.   Business Operation Standards: No business shall be open to the public between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M., seven (7) days a week, except that said standard shall not apply to automobile service stations or hotel and motel complexes providing twenty four (24) hour a day services. Further, that automatic operated devices, including specifically cash station and other automatic cash machines provided in association with banking and lending institutions, newspaper vending machines, and pop and food vending machines, all used and operated as an accessory use to the principal use as a business otherwise operating in this use area, should not be considered in violation of the business operation standards as long as they are fully automated and do not require attendant personnel between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M.
(Ord. 93-09, 7-12-1993; amd. Ord. 2022-05, 3-7-2022)

10-7-5-4: RETAIL CENTER USE AREA REGULATIONS:

The range of permitted and special uses and the design of buildings, lots and lot improvements shall conform with the following regulations:
   A.   Permitted Uses:
      Accessory uses.
      Animal/pet grooming services.
      Art galleries.
      Banks, including those with drive-through facilities.
      Bars and taverns.
      Bars with live entertainment and dancing.
      Building materials, retail, within an enclosed building, except that garden sales may occur outdoors.
      Credit unions.
      Employment agencies.
      Finance companies.
      Game rooms.
      Government offices and services.
      Health clubs and fitness centers.
      Medical and dental offices.
      Offices, business and professional, not to exceed thirty percent (30%) of the use area.
      Restaurants; including those with drive-through, alcohol service and entertainment.
      Retail goods establishment.
      Retail service establishment.
   B.   Special Uses:
      Bowling alleys.
      Dance halls.
      Golf driving ranges.
      Hotels and motels.
      Laboratories, testing and research.
      Offices; business and professional, in excess of thirty percent (30%) of the use area.
      Outdoor retail sales.
      Pool halls.
      Restaurants, with alcohol service and/or entertainment outdoors.
      Retail gasoline sales/fueling center.
      Skating rinks, indoor.
      Specimen collection facilities.
   C.   Lot Area Requirements:
      1.   Minimum Development Parcel Area: Five (5) acres.
      2.   Minimum Lot Area: Twenty thousand (20,000) square feet, provided that all lots are part of an integrated retail development.
      3.   Minimum Lot Width: One hundred feet (100').
      4.   Minimum Yard Requirements:
         a.   Front Yard And Corner Side Yard: Forty feet (40').
         b.   Interior Side Yard: Thirty feet (30').
         c.   Rear Yard: Thirty feet (30').
      5.   Minimum Parking Setbacks: Parking areas on lots within the retail center use area shall maintain the following minimum setbacks:
         a.   In Front And Corner Side Yards: Fifteen feet (15'), except that where the setback coincides with a scenic easement, no parking setback shall be required.
         b.   Minimum Setback Along Any Property Line: Ten feet (10').
         c.   Internal Parking Setbacks From Buildings: A minimum of ten feet (10') of landscaped area shall be provided around all principal buildings, provided that where access is needed from parking or service areas, this number shall be reduced to zero.
      6.   Maximum Building Height:
         a.   Principal Buildings: Maximum building height shall be forty five feet (45'), excluding rooftop equipment and decorative architectural features.
         b.   Accessory Buildings: Thirty five feet (35').
      7.   Maximum Floor Area Ratio: 0.4, including the floor area of all principal and accessory buildings.
      8.   Required Space Between Buildings: Multiple buildings are permitted on a lot, provided that the following spacing between buildings is provided:
         a.   Space Between Principal Buildings: Twenty five feet (25').
         b.   Space Between Principal And Accessory Buildings: Twenty feet (20').
         c.   Space Between Accessory Buildings: Twenty feet (20').
      9.   Minimum Landscape Coverage: The minimum landscape coverage shall be not less than fifteen percent (15%) of the lot area.
   D.   Business Operation Standards: No business shall be open to the public between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M., seven (7) days a week, except that said standard shall not apply to automobile service stations or hotel and motel complexes providing twenty four (24) hour a day services. Further, that automatic operated devices, including specifically cash station and other automatic cash machines provided in association with banking and lending institutions, newspaper vending machines, and pop and food vending machines, all used and operated as an accessory use to the principal use as a business otherwise operating in this use area, should not be considered in violation of the business operation standards as long as they are fully automated and do not require attendant personnel between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M.
(Ord. 93-09, 7-12-1993; amd. Ord. 2021-33, 12-6-2021; Ord. 2022-05, 3-7-2022; Ord. 2023-27, 10-2-2023)

10-7-5-5: SINGLE-FAMILY USE AREA REGULATIONS:

The range of permitted and special uses and the design of buildings, lots and lot improvements shall conform with the following regulations:
   A.   Permitted Uses:
      Accessory uses.
      Municipal service uses.
      Single-family detached dwellings.
   B.   Special Uses:
      Golf courses, including accessory driving ranges.
      Parks and open space, public and private.
      Religious institutions.
      Riding stables and schools.
      Schools, primary and secondary, public and private.
   C.   Lot Area Requirements:
      1.   Minimum Development Parcel Area: Twenty (20) acres.
      2.   Minimum Lot Area: Fifteen thousand (15,000) square feet.
      3.   Minimum Lot Width: Eighty feet (80') for interior lots, one hundred feet (100') for corner lots.
      4.   Minimum Yard Requirements:
         a.   Front Yard And Corner Side Yard: Thirty five feet (35').
         b.   Interior Side Yard: Fifteen feet (15').
         c.   Rear Yard: Thirty five feet (35').
      5.   Maximum Building Height: Thirty five feet (35') or two and one-half (21/2) stories, whichever is less. (Ord. 93-09, 7-12-1993)

10-7-5-6: MULTI-FAMILY USE AREA REGULATIONS:

The range of permitted and special uses and the design of buildings, lots and lot improvements shall conform with the following regulations:
   A.   Permitted Uses:
      Accessory uses.
      Multi-family dwellings.
      Townhouse dwellings.
   B.   Special Uses:
      Cluster single-family detached dwellings.
      Municipal service uses.
      Parks and open space, public.
      Religious institutions.
      Schools, public.
   C.   Lot Area Requirements:
      1.   Minimum Development Parcel Area: Twenty (20) acres.
      2.   Minimum Development Area: The minimum area of a specific multi-family/townhouse development shall not be less than three (3) acres.
      3.   Minimum Yard Requirements:
         a.   Front Yard And Corner Side Yard: Thirty feet (30').
         b.   Interior Side Yard:
            (1)   Multi-Family Dwellings: Fifteen feet (15').
            (2)   Cluster Single-Family Dwellings: Six feet (6'), except that one interior side yard may be reduced to one foot (1').
            (3)   Townhouse Dwellings: Fifteen feet (15'), except that where dwellings are attached, the interior side yard may be zero.
         c.   Rear Yard: Thirty feet (30').
      4.   Required Space Between Buildings: All buildings containing multi-family and townhouse dwellings shall conform to the following space between building requirements:
         a.   Multi-Family Dwellings:
            (1)   The front face of a building shall not be within sixty feet (60') of another building.
            (2)   The rear face of a building shall not be within fifty feet (50') of another building.
            (3)   Where the side face of a building faces the side face of another building, the minimum space between the two (2) buildings shall be not less than thirty feet (30').
         b.   Townhouse And Cluster Single-Family Dwellings:
            (1)   The rear face of a building shall not be within forty feet (40') of another building.
            (2)   Where the side face of a building faces the side face of another building, the minimum space between the two (2) buildings shall be not less than twenty feet (20').
         c.   Space Between Principal And Accessory Buildings: Ten feet (10').
         d.   Space Between Accessory Buildings: Ten feet (10').
      5.   Gross Development Area Per Dwelling Unit: There shall be not less than eight thousand five hundred (8,500) square feet of gross development area per dwelling unit.
      6.   Maximum Building Height: Forty five feet (45') or three and one-half (31/2) stories, whichever is less. (Ord. 93-09, 7-12-1993)

10-7-5-7: GAMING AND DOCKING USE AREA REGULATIONS:

The range of permitted and special uses and the design of buildings, lots and lot improvements shall conform with the following regulations:
   A.   Permitted Uses:
      Accessory uses.
      Art galleries.
      Bars and taverns.
      Bars with live entertainment and/or dancing.
      Concert halls and performance theaters, indoor.
      Gaming and docking facilities.
      Health clubs and fitness centers.
      Hotels and motels.
      Motion picture theaters.
      Restaurants; including those with drive-in facilities, alcohol service and/or entertainment.
      Retail goods establishment.
      Retail service establishment.
   B.   Special Uses:
      Dance halls.
      Heliports.
      Restaurants, where alcohol service and/or entertainment is conducted outdoors.
      Utility service buildings, towers and uses, excluding ordinary transmission lines, wires, poles, etc., providing service to individual uses.
   C.   Lot Area Requirements:
      1.   Minimum Development Parcel Area: Fifteen (15) acres.
      2.   Minimum Lot Area: The minimum lot area for separate uses on a lot of record shall not be less than two (2) acres.
      3.   Minimum Lot Width: Three hundred feet (300').
      4.   Minimum Yard Requirements:
         a.   Front Yard And Corner Side Yard:
            (1)   For Lots Along Arterial And Collector Streets: Seventy five feet (75').
            (2)   For Lots Along Local Streets: Fifty feet (50').
         b.   Interior Side Yard: Thirty feet (30').
         c.   Rear Yard: Thirty feet (30').
      5.   Minimum Parking Setbacks: Parking areas on lots within the gaming and docking use area shall maintain the following minimum setbacks:
         a.   In Front And Corner Side Yards Abutting Arterial And Collector Streets: Twenty five feet (25').
         b.   In Front And Corner Side Yards Abutting Local Streets: Fifteen feet (15').
         c.   Minimum Setback Along Any Property Line: Ten feet (10').
         d.   Internal Parking Setbacks From Buildings: A minimum of fifteen feet (15') of landscaped area shall be provided around all principal buildings, provided that where access is needed from parking or service areas, this number may be reduced to zero.
      6.   Maximum Building Height:
         a.   Principal Buildings: Maximum building height shall be one hundred twenty five feet (125'), provided that for each foot in height over seventy feet (70'), each required yard shall be increased one foot (1').
         b.   Accessory Buildings: Fifty feet (50'), provided that for each foot the building exceeds thirty five feet (35') in height, each required yard shall be increased one foot (1').
      7.   Maximum Floor Area Ratio: 1.0, including the floor area of all principal and accessory buildings.
      8.   Required Space Between Buildings: Multiple buildings are permitted on a lot, provided that the following spacing between buildings is provided:
         a.   Space Between Principal Buildings: Forty feet (40'), provided that for each three feet (3') of height over seventy feet (70'), this space shall be increased one foot (1').
         b.   Space Between Principal And Accessory Buildings: Twenty feet (20'), provided that for each foot the accessory building exceeds twenty five feet (25'), this space shall be increased one foot (1').
         c.   Space Between Accessory Buildings: Twenty feet (20').
      9.   Minimum Landscape Coverage: The minimum landscape coverage shall be not less than thirty five percent (35%) of the lot area. (Ord. 93-09, 7-12-1993)
   D.   Special Site Plan Review Authority: Given the unique nature of uses within the gaming and docking use area, special site plan review approval shall be required prior to the issuance of any permit or certificate. Application for site plan approval shall be made to the village manager, who shall bring the application before the planning and zoning commission for its review and recommendation. The village board shall then render final review and approval on the application. (Ord. 93-09, 7-12-1993; amd. Ord. 2014-14, 5-19-2014)
   E.   Business Operation Standards: No business shall be open to the public between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M., seven (7) days a week, except that said standard shall not apply to automobile service stations or hotel and motel complexes providing twenty four (24) hour a day services. Further, that automatic operated devices, including specifically cash station and other automatic cash machines provided in association with banking and lending institutions, newspaper vending machines, and pop and food vending machines, all used and operated as an accessory use to the principal use as a business otherwise operating in this use area, should not be considered in violation of the business operation standards as long as they are fully automated and do not require attendant personnel between the hours of two o'clock (2:00) A.M. and five o'clock (5:00) A.M. (Ord. 93-09, 7-12-1993)

10-7-6: PARKING REQUIREMENTS:

Given the mixed use nature and regional significance of development within the SD district, special parking requirements are needed to respond to conditions within the district. The following parking standards shall apply to development within the SD district, taking precedent over the standards contained within chapter 9 of this title.
Land Use
Required Number Of Parking Spaces
Land Use
Required Number Of Parking Spaces
Automobile sales
3 spaces per 1,000 square feet of gross floor area of showroom area, plus 2 spaces per service bay, if any
Community center
1 space per 1,000 square feet, 1 space per 3 seats in auditorium
Convalescent homes/hospitals
1 space per 3 beds, plus 1 space per employee
Dance/music school
1 space per employee, plus 1 space per 3 students
Financial institutions
3 spaces per 1,000 square feet of gross floor area, plus 4 stacking spaces for the first drive-up window and 2 stacking spaces for each additional window
Government offices
3 spaces per 1,000 square feet
Hotel/motel
1 space per room, plus 1 space per maximum employee, plus additional parking for other uses
Library/art gallery
2 spaces per 1,000 square feet
Office, professional
3 spaces per 1,000 square feet of gross floor area
Residential:
Multi-family
1 space per studio and 1 bedroom unit; 2 spaces per unit with 2 or more bedrooms
Single-family detached, two-family and attached single-family
2 spaces
Senior housing:
Assisted living
0.5 space per unit
Independent living
1 space per studio, 1 bedroom unit and 2 bedroom unit; and 2 spaces per unit with 3 or more bedrooms
Theater
1 space per 3.5 seats
Trade/vocational school
1 space per employee, plus 1 space per maximum student
 
(Ord. 93-09, 7-12-1993)