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Westmont City Zoning Code

ARTICLE V

- SPECIAL PURPOSE ZONING

Sec. 5.01.- B-3, resort district.

(A)

Purpose. The B-3 district is primarily intended to accommodate lodging, office, research, and recreational uses in a unified development setting, as well as secondary retail, residential and service uses to serve the overall development. The district is also intended to encourage innovations and variety in type, design and arrangement of uses and buildings. Because of the intensity of development permitted in the B-3 district, it is generally intended to be applied only on sites abutting one or more arterial streets.

(B)

Uses.

(1)

Principal uses are allowed in the B-3 district in accordance with the use regulations of section 6.01.

(2)

In addition to those principal uses allowed, the following uses (as defined in section 6.02) are expressly permitted as secondary uses in the B-3 district provided they do not exceed 20 percent of the gross floor area of the building in which they are located and are accessed only by arterial roads or interior roadways within the development:

(a)

Catering service;

(b)

Community assembly;

(c)

Consumer service, other than tattoo and body piercing services;

(d)

Day care center;

(e)

Eating and drinking place;

(f)

Entertainment, participant (indoor);

(g)

Entertainment, spectator;

(h)

Financial service (but not alternative financial service establishments);

(i)

Retail sales, indoor; and

(j)

Uses similar to the above permitted secondary uses, subject to the review by the planning and zoning commission and approval by the village board.

(C)

Lot and building regulations. The lot and building regulations of Table V-1 apply to all principal uses and principal buildings in the B-3 district, except as otherwise expressly stated in this zoning ordinance. General exceptions to lot and building regulations and rules for measuring compliance can be found in article XVI.

Table V-1: B-3 District Lot and Building Regulations

Lot and Building RegulationsDistrict
B-3
Minimum Site Area (acres under unified control) 40
Residential Development (requires special use approval) R-4 district lot and building regulations apply
Nonresidential Development
 Minimum Lot Width (feet) 75
 Minimum Building Setbacks (feet)
  Abutting any R District or Arterial Street 50 [1]
  Front/Street (non-arterial) Side 50
  Interior Side 25
  Rear 50 [2]
Minimum Separation Between Buildings on Same Site (feet) 30
Maximum Floor Area Ratio 0.50
Maximum Building Height (feet) 125

 

Table V-1 Notes:

[1]

Plus two feet for each foot of building height over 45 feet.

[2]

Reduced to 25 feet when abutting the M district.

(D)

Previously approved B-3 zoning. B-3-zoned properties in existence on the effective date specified in section 1.03 are subject to all regulations and conditions of the development plan approved at the time the B-3 zoning was established on the subject property.

(E)

Future B-3 district amendments. After the effective date specified in section 1.03, all proposals to establish a new B-3 zoning district or amend previously approved plans or boundaries of an existing B-3 district must be processed as a concurrent application for a B-3 zoning map amendment and planned unit development (PUD) approval. See the zoning map amendment procedures section 14.02; and the PUD approval procedures of section 5.04(C).

(F)

Other relevant regulations. Uses and structures in the B-3 zoning district may be subject to other regulations and standards, including the following:

(1)

Parking. See article IX.

(2)

Landscaping. See article X.

(3)

Signs. See article XI.

(4)

Nonconformities. See article XIII.

(Ord. of 08-07-2025(1), 8-7-2025)

Sec. 5.02. - P/I, public and institutional district.

(A)

Purposes. The public and institutional (P/I) zoning district is intended to accommodate public and institutional uses, as identified in Table VI-1. The P/I district is further intended to help avoid the problems inherent in treating public and institutional uses and buildings as permitted or special uses in zoning districts that are primarily intended to accommodate other (dissimilar) types of uses and buildings. The P/I district is a site-specific zoning classification that may be applied to small areas throughout the village.

(B)

Uses. Uses are allowed in the P/I district in accordance with the use regulations of section 6.01.

(C)

Lot and building regulations. The lot and building regulations of Table V-2 apply to all principal uses and principal buildings in P/I districts, except as otherwise expressly stated in this zoning ordinance. General exceptions to lot and building regulations and rules for measuring compliance can be found in article XVI. For purposes of administering and interpreting P/I district lot and building regulations, all buildings on the lot are principal buildings, and must comply with the regulations of this section. Properties in the P/I zoning district are not subject to the limitation of one principal building per lot (see section 1.11).

Table V-2: P/I Lot and Building Regulations

Lot and Building RegulationsDistrict
P/I
Minimum Lot Area (square feet) None
Minimum Lot Width (feet) None
Minimum Building Setbacks (feet)
 Front/Street Side 25
 Interior Side
  Abutting R District 10
  Abutting Non-R District 5
 Rear 20
Minimum Separation of Buildings on Same Lot (feet) 20
Maximum Building Height (feet) 45 [1]

 

Table V-2 Notes:

[1]

Buildings occupied by public or institutional uses may be erected to a height not exceeding 75 feet if the building is set back from each minimum setback line at least one foot for each one foot of additional building height above the maximum height limit otherwise applicable in the subject zoning district.

(D)

Other relevant regulations. Uses and structures in the P/I zoning district may be subject to other regulations and standards, including the following:

(1)

Parking. See article IX.

(2)

Landscaping. See article X.

(3)

Signs. See article XI.

(4)

Nonconformities. See article XIII.

(Ord. of 08-07-2025(1), 8-7-2025)

Sec. 5.03. - PD, planned development overlay (obsolete district).

(A)

Land classified in a PD overlay zoning district on the effective date specified in section 1.03 will continue to be classified in the PD overlay district. Existing planned developments (PDs) are subject to compliance with approved plans for such development and all planned development agreements entered into between the developer and the village at the time of approval unless and until the subject PD overlay designation is removed through the zoning map amendment process.

(B)

Any PD rezoning applications in process on the effective date specified in section 1.03 may, at the applicant's option, be reviewed wholly under the PD regulations and procedures in effect immediately preceding the effective date specified in section 1.03 or under wholly under the PUD regulations and procedures of this zoning ordinance (see section 5.04).

(C)

No applications to establish new PD overlay zoning districts or to expand the boundaries of existing PD overlay zoning districts may be accepted for processing after the effective date specified in section 1.03.

(D)

Amendments to existing PDs must be processed in accordance with the development plan procedures of section 14.03.

(Ord. of 08-07-2025(1), 8-7-2025)

Sec. 5.04. - PUD, planned unit developments.

(A)

Purpose. Planned unit developments (PUDs) are included in this zoning ordinance as a distinct category of special use in all zoning districts. A PUD is intended to allow the relaxation of otherwise applicable substantive requirements of this zoning ordinance based upon procedural protections providing for detailed review of individual proposals for significant developments. This special regulatory approach recognizes that traditional zoning regulations, which may be useful in protecting the character of substantially developed and stable areas, may impose inappropriate regulations and rigidities upon the development or redevelopment of areas that lend themselves to an individual, planned approach. PUDs are intended to result in enhanced public benefits, commensurate with the degree of development flexibility provided. Examples of the types of development that may be appropriate for PUD approval include the following:

(1)

Provision of open space and/or enhanced protection of natural resource areas. Developments that provide or preserve open space amenities and/or offer enhanced protection of natural resources and sensitive natural resource areas.

(2)

Energy conservation/sustainability. Developments that achieve very high levels of energy conservation or that otherwise help reduce greenhouse gases and fossil fuel use.

(3)

Housing variety.Developments that offer a range of housing options and include a variety of lifestyle choices to meet the needs of different age groups, income levels, and household types.

(4)

Mixed- and multi-use developments. Developments that contain a complimentary mix of residential and nonresidential uses or that provide for a range of complementary land use types.

(5)

Economic obstacles. The property has faced ongoing economic obstacles to development, which may include significant costs related to infrastructure upgrades, remediation efforts, or market conditions that have made prior development plans impractical.

(B)

Objectives. Different types of PUDs will achieve different planning goals. In general, however, PUDs should include elements that further some or all of the following objectives:

(1)

A creative approach to the use of land and related physical facilities that results in better development, design and amenities;

(2)

Maximum choice in the types of development available to the public by allowing developments that would not be possible under the strict application of the terms of this zoning ordinance;

(3)

An efficient use of land resulting in more efficient provision of utilities, streets, buildings, transportation systems and other facilities;

(4)

Innovation of development so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and uses;

(5)

A unified and compatible design of buildings, structures and site improvements that are compatible with surrounding areas and that include attractive, high-quality architecture, landscaping lighting and signage;

(6)

The protection and enhancement of open space amenities and natural resource features;

(7)

The incorporation of sustainable development features, including green infrastructure practices in landscapes and parking areas, to maximize the aesthetic and water quality benefits of best practices in stormwater management; and

(8)

Overall consistency with the comprehensive plan and other relevant policies and planning goals of the village.

(C)

PUD approval procedures.

(1)

The zoning administrator is authorized to determine whether a proposed development must be processed as a PUD.

(2)

A PUD is a special use in all zoning districts and requires special use approval in accordance with the procedures of section 14.04. In addition to special use approval, a PUD requires approval of a development plan and a site plan in accordance with the procedures of section 14.03.

(3)

An application for approval of a PUD must include a developer's statement of intent. This is a statement from the applicant that describes the proposed development and uses of the property, describes how the proposed development meets one or more of the objectives for PUDs, and describes how the proposed development provides greater benefits to the village than would a development carried out in accordance with otherwise applicable zoning ordinance standards. The statement must also include a comparison of the proposed development and uses with (a) the standards and regulations of the base zoning district, (b) the other applicable development standards and regulations contained in this zoning ordinance, (c) the standards and regulations for public improvements and other infrastructure, and (d) the comprehensive plan.

(4)

PUDs require approval of an ordinance by the board of trustees. The approved PUD ordinance must be signed by applicant as an acknowledgment of the approval and as an acknowledgment of any conditions imposed on the development and use of the property. The village must record the approved and fully-executed PUD ordinance against title to the property.

(5)

The PUD ordinance may approve the development of the property in phases, provided that the development plan has been approved for the entire development and all of its phases, and provided that a site plan has been approved for each phase. The PUD ordinance may impose deadlines for the commencement and/or completion of construction of the PUD, including any phase of development.

(D)

Regulations and standards eligible for deviations. A PUD must generally conform to the use and other regulations of the zoning district in which the property is located, as well as the other regulations of this zoning ordinance. However, the board of trustees may approve deviations from such zoning regulations as part of the PUD approval process when such deviations are determined to be in the public interest. Specifically, the board of trustees may approve principal and accessory use types that are not allowed in the underlying zoning district as a means of accommodating mixed-use developments, housing diversity, and unique economic development opportunities when such uses are determined to be in the public interest. The board of trustees may also approve deviations from the standards, regulations, and requirements found in other chapters of the village code when such deviations are determined to be in the public interest.

(E)

Conditions on PUD approval. The board of trustees may approve conditions on PUD approval as part of the PUD approval ordinance. Such conditions may be imposed when necessary to prevent or minimize adverse impacts to the surrounding area or to the public; to ensure compatibility with the surrounding development and uses; to ensure compatibility and compliance with the general purposes, goals, and objectives of this zoning ordinance, other ordinances and regulations of the village, and the comprehensive plan; and to ensure compliance with the standards for PUDs set forth in this article.

(F)

Standards for PUD approval. A PUD may be approved only if the planning and zoning commission and the board of trustees find that the proposed development substantially meets the standards for special uses and the standards set forth in this section. Notwithstanding the foregoing, the board of trustees may approve a PUD that does not strictly comply with such standards if the board of trustees finds that the application of such standards to the proposed development would not be in the public interest and that the benefits provided by the proposed development outweigh strict compliance with such standards. The standards for PUD approval are as follows:

(1)

The entire property of the PUD is under single ownership or under unified control to ensure that the property will be developed as a unified whole.

(2)

Except for such deviations that are specifically set forth in the PUD ordinance, the development complies with the regulations of the zoning district in which it is located and complies with the other zoning regulations applicable to the development.

(3)

Deviations from allowable uses, zoning bulk regulations, other zoning regulations, and other ordinances and regulations of the village, if any, will enhance the quality of the development, will not cause substantial adverse impacts on surrounding properties, and are in the public interest.

(4)

The development will be provide for (a) adequate connection to and service from the village's water system, (b) adequate stormwater management facilities, (c) adequate streets and/or means of safe access to public streets and sidewalks; (d) adequate connection to and service from the sanitary sewer system; (e) adequate connection to and service from necessary utilities; and (f) adequate service by such other facilities which are deemed necessary to serve the development.

(5)

The dominant use within the proposed PUD is consistent with the recommendations of the comprehensive plan.

(6)

The development provides sufficient open space and/or preservation of natural resources or provides other amenities to offset the lack of open space.

(7)

The development is in the public interest, will provide a public benefit, and will not unreasonably strain public services or facilities.

(Ord. of 08-07-2025(1), 8-7-2025)