VILLAGE OF SOUTH HOLLAND

Please note: This booklet is available for general reference, and it is not meant to be referred to or used as a complete and comprehensive copy of the Village of South Holland Zoning Ordinance. A copy of the entire ordinance is on file at South Holland Public Library.

Zoning Ordinance

AN ORDINANCE ESTABLISHING A ZONING PLAN FOR THE VILLAGE OF SOUTH HOLLAND, TO CONSERVE THE VALUE OF PROPERTY AND TO THE END THAT ADEQUATE LIGHT, AIR, CONVENIENCE OF ACCESS AND SAFETY FROM FIRE AND OTHER DANGERS MAY BE SECURED; THAT CONGESTION IN THE PUBLIC STREETS MAY BE LESSENED OR AVOIDED; AND THAT THE PUBLIC HEALTH, SAFETY, CONVENIENCE, COMFORT, AND GENERAL WELFARE MAY BE PROMOTED IN A MANNER WHICH RECOGNIZES THE NEED OF INDUSTRY AND BUSINESS IN THE FUTURE GROWTH OF THE VILLAGE AND WHICH WILL ENCOURAGE THE DEVELOPMENT OF HEALTHY SURROUNDINGS FOR FAMILY LIFE IN RESIDENTIAL NEIGHBORHOODS, ALL IN ACCORDANCE WITH AN OFFICIAL PLAN DESIGNED TO ASSURE EFFICIENCY AND ECONOMY IN THE PROCESS OF DEVELOPMENT OF THE VILLAGE FOR THE PURPOSE OF:

1. Classifying, regulating and limiting the height, area, bulk and use of buildings and premises hereafter to be erected;

2. Regulating and determining the area of front, rear and side yards and other open spaces about buildings;

3. Regulating and determining the use and intensity of use of land and lot areas;

4. Classifying, regulating and restricting the location of trades, callings, industries, commercial enterprises and the location of buildings designed for specified uses;

5. Dividing the village into districts of such kind, character, number, shape and area as may be deemed necessary to carry out the purpose of this ordinance.

AND FURTHERMORE PROVIDING FOR ITS ADMINISTRATION: CREATING A PLANNING AND DEVELOPMENT COMMISSION.

BE IT ORDAINED by the President and Board of Trustees of the Village of South Holland, Cook County, Illinois: by the President and Board of Trustees of the Village of South Holland, Cook County, Illinois: by the President and Board of Trustees of the Village of South Holland, Cook County, Illinois:

Section 1. Short Title. This ordinance, and ordinances supplemental or amendatory thereto, shall be known, and may be cited hereafter, as the Zoning Ordinance of South Holland, Illinois.

Section 2. Identification. Wherever the word "Village" appears in this ordinance, it shall be deemed to refer to the Village of South Holland, Illinois.

Section 3. Determination and Interpretation of District Boundaries. In determining the boundaries of districts, and establishing the regulations applicable to each district, due and careful consideration has been given to existing conditions, the character of buildings erected in each district, the most desirable use for which the land in each district may be adapted, and the conservation of property values throughout the Village.

Where uncertainty exists as to the exact boundaries of any district as shown on the Zone Map, the following rules shall apply:

a. Where district boundaries are indicated as following street, alley, or lot lines, or approximately along such lines, such lines shall be construed to be the district boundaries.

b. In un-subdivided areas, or where a district boundary subdivided a lot, the exact location of the boundary shall be determined by use of the scale of the Zone Map.

c. In the case of further uncertainty, the Planning and Development Commission shall interpret the intent of the Zone Map as to the location of the boundary in question.

Section 4. Procedure Relating to Annexation of Vacated Areas. Territory annexed to the Village of South Holland after the effective date of the Zoning Ordinance, shall be considered automatically zoned as residential unless concurrently with the annexation of territory there shall be adopted, after statutory hearing, a zoning ordinance zoning the property for such purposes as is prescribed by the amendatory ordinance. Such amendatory ordinance may be adopted as prescribed by statute after annexation, as well as concurrently with annexation.

Whenever any street, alley, public way, railroad right-of-way, waterway, or other similar area is vacated by proper authority, the districts adjoining each side of such street, alley, public way, railroad right-of-way, waterway, or similar areas, shall be extended automatically to the center of such vacation and all area included in the vacation shall then and thenceforth be subject to all appropriate regulations of the extended districts. (Chapter 14, Article IX.)

Section 1. Districts. The Village of South Holland is hereby divided into four (4) Districts in order to carry out the purposes of this ordinance. The Districts shall be known and designated throughout this ordinance as follows:

Name of District Designation Hereinafter

"R1" Single-family Residential District "R1"

"LB" Local Business District "LB"

"GB" General Business District "GB"

"LI" Light Industrial District "LI"

Section 2. Zone Map. The Zone Map, revised to February 17, 1998 is hereby declared to be a part of this ordinance. Subsequent amendments to the Zoning Ordinance reflected on such Zone Map from time to time, are likewise declared to be a part of this ordinance. The Zone Map shows the areas included in the above districts. Notation, references, indications and other matters shown on the Zone Map is as much a part of this ordinance as if it were fully described in the text of this ordinance.

The Zone Map is on file in the office of the Village Clerk of the Village of South Holland.

Section 1. Use. No building or land shall be used and no building shall be erected, reconstructed or structurally altered, which is arranged, intended or designed to be used for any purpose other than a use which is permitted and specified in a district in which such building or land is located.

Section 2. Height. No building shall be erected, reconstructed or structurally altered to exceed in height the limits established and specified for the use and the district in which such building is located.

Section 3. Yard, Lot Area and Size of Building. No building shall be erected, reconstructed or structurally altered in any manner which will encroach upon, or reduce in any manner, the yards, lot area per family, ground floor area of residential buildings, or lot coverage regulations, established and specified for the use and the district in which such building is located.

Section 4. Lots. Every building hereafter erected shall be located on a lot which fronts on a street.

Section 5. Vehicle Parking Space; Loading and Unloading Berths. Every building hereafter erected shall provide off-street parking space for motor vehicles and loading and unloading berths as specified hereinafter for the use to which such building is to be devoted.

Section 6. Specifications. The following specifications are hereby declared to be part of this ordinance.

Specification A - Definitions

Specification B - Residential Uses

Specification C - Commercial Uses

Specification D - Industrial Uses

Specification E - Contingent Uses

Specification F - Off Street Parking/Loading

Requirement

Specification G - Planned Unit Development

Specification B to E, inclusive, show the district or districts in which the use, which is the subject of the specifications, is permitted, and delineates the specifications for:

Lot Area per Family

Width of Lot

Height of Building

Vehicle Parking Space

Front, Side, Rear and other Yards

Lot Coverage

Size of Building

Vision Clearance

Accessory Buildings and Uses

Applicable to the particular use in each district where such use is authorized.

Two copies of the specifications referred to herein are on file in the office of the Village Clerk of the Village of South Holland, Illinois, and additional copies are available in the Village of South Holland Public Library.

Section 1. Continuation Thereof and Reconstructions. The lawful use of a building or premises, existing at the time of passage of this ordinance, may be continued although such use does not conform to all the provisions of this ordinance, except as hereinafter provided.

Section 2. Change. A non-conforming use may be changed to another nonconforming use of the same or lesser restrictions, provided that there are no structural changes made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater restrictions, it shall not thereafter be changed back to a non-conforming use or a less restricted zone.

Section 3. Erection and Re-Erection of Buildings. No building shall be erected upon any premises devoted to a nonconforming use, and no building located upon any such premises, which has been damaged by fire or other causes to the extent of more than fifty (50%) per cent of the fair market value shall be repaired or rebuilt. "Fair Market Value" shall be determined by:

a) the most recent assessment of the property or the building in question by the Assessor of Cook County, Illinois, multiplied by the equalization factor, immediately prior to the fire or other cause of the damage, or

b) an independent appraisal of the property in its condition just prior to the fire or other cause of damage secured by the owner of the property.

Section 4. Temporary Permits. The Planning and Development Commission may authorize; by written permit, in a residential district for a period of not more than one (1) year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said district.

Section 5. Right to Construct if Permit Issued. Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently prosecuted within ninety (90) days of the date of such permit and which entire building shall be completed according to such plans, as filed within one (1) year from the date ofpassage of this ordinance.

Section 6. Use to conform after Discontinuance. In the event that a nonconforming use of any building or premises is discontinued for a period of one (1) year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located.

Section 7. Discontinuance of Nonconforming Use of Land. The lawful use of land for open storage purposes, which does not conform to the provisions of this ordinance, shall be discontinued within five (5) years from the date of passage of this ordinance, and the use of land for storage purposes, which may become a nonconforming use by reason of an amendment to this ordinance, shall be discontinued within five (5) years from the date of passage of such amendment unless properly screened by planting approved by the President and Board of Trustees of South Holland. All junk yards, including automobile wrecking, are hereby declared to be non-conforming uses of land and shall be discontinued within five (5) years from the date of passage of this ordinance.

Section 8. Non-Conforming Use created by Amendment. These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this ordinance.

Section 1. Enforcement by Whom. The Code Enforcement Officer is hereby designated and authorized to enforce this ordinance.

Section 2. Permit.

a. A written permit shall be obtained from the Code Enforcement Officer before (1) excavating for any building or foundation, (2) erecting, constructing, reconstructing, enlarging, altering, or moving any building or structure for a particular use, (3) changing the use of any existing building, structure or land from one classification to another, or (4) changing from one non-conforming use to another non-conforming. (See also Chapters 6 & 14 of Village Code)

b. Advertising signs and billboards more than six square feet in area, stone, concrete or masonry walls, and fences with surface planes more than 50 per cent solid, shall require permits. Each permit issued for a main building shall also cover any accessory buildings constructed at the same time. Any work or change in use authorized by permit but not started or made within 60 days, or suspended for 90 days, shall require a new permit. (See also Chapter 3 of the Village Code)

c. The application for each permit shall give a description of the land involved, owner, location of buildings and structures, contractor or builder, proposed use, estimated cost, and such other information as may be required for proper enforcement of this ordinance. All applications for permits and copies of permits issued shall be systematically kept for ready public reference. (See also Chapter 6 of Village Code)

d. All applications for Building Permits and Zoning Variances shall be accompanied by a plat in duplicate, drawn to scale showing the actual dimensions of the lot to be built upon, the size of the building to be erected, and such other information as may be necessary for the enforcement of these regulations. (Chapter 6 Division 2 Section 6-36 and following, Chapter 14 Article II Section 14-24 and following, Chapter 14 Article II Section 14-60 and following.) A careful record of such applications and plats shall be kept in the office of the Village Clerk.

e. One cardboard copy of such permit shall be securely posted in a prominent position at the front of the premises to which such permit applies, forty-eight (48) hours prior to the beginning of any erection, repair, alteration or change of use, and shall remain so posted until the same is completed.

f. The required fee shall be charged for each Zoning Petition and be collected by the Village Collector. (see fee schedule)

Section 1. Creation and Members. The Planning and Development Commission are appointed by the Village President and confirmed by the Village Board. The word "Commission" when used in this Section shall mean the Planning and Development Commission. The President shall have power to remove any member for cause, after a public hearing, upon giving ten days written notice thereof.

Section 2. Chairman and Meetings. The President shall name a member as chairman upon his appointment. Meetings shall be held within the Village and shall be open to the public.

The Commission shall keep minutes showing the attendance and the vote of each member upon every question and shall keep records of its examinations and other official actions. Every rule, regulation, amendment or repeal thereof, and every order, requirement, decision or determination shall immediately be filed in the Office of the Village Clerk and shall be open to the public. The Commission may incur expenditures authorized by the Village Board. The Commission shall adopt rules of procedure not in conflict with the Statute.

Section 3. Appeal and Review. An appeal may be taken from the officer charged with enforcement of this ordinance by any person aggrieved or by any officer, department, board or bureau of the Village within such time as shall be prescribed by the Commission of general rule, by filing a notice of appeal specifying the grounds thereof, with the Commission and with the enforcing officer. The enforcing officer shall forthwith transit to the Commission all of the papers constituting the record in such case.

An appeal stays all proceedings in furtherance of the action appealed from unless the enforcing officer certifies that such stay would cause imminent peril to life or property, in which case the Commission may issue a restraining order.

The Commission shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person, or by agent or attorney.

Section 4. Jurisdiction - Variation. The Commission shall hear and decide appeals from, and review any order, requirement, decision or determination of the enforcing officer and may reverse or affirm wholly or partly, or may modify such order, requirement, decision of determination as in its opinion ought to be made in the premises and to that end shall have the power of the enforcing officer.

The Commission may, after a public hearing, grant a variation when appealed to by the owner or agent of a specific building, structure or land which is affected, by some unusual factor of size, shape, location, topography or use either as to his own or the neighboring buildings, structures or premises, in a manner which is different from and more severe and restrictive than the manner in which neighboring properties are affected.

Such variation shall tend to relieve such exceptional hardship and at the same time observe the spirit of the ordinance. It shall not perceptibly:

1) Impair an adequate supply of light and air to adjacent property;

2) Increase the hazard from fires and other dangers;

3) Diminish the taxable value of land and buildings throughout the Village;

4) Increase congestion in the public streets; and

5) Impair the public health, safety, comfort, morals, and general welfare.

Variations shall not be granted where the only findings are that the public welfare will not suffer thereby, or that the financial condition of the applicant will be improved.

The Commission may grant a variation to permit the extension of a nonconforming use created by the enactment of this ordinance or any amendments thereof, if located within a building which exists and has been specifically designed for such use. No other variations shall be granted with respect to nonconforming uses. (See Article IV.)

The Commission may also grant a variation to permit for a period not exceeding one (1) year, a temporary building, structure or use in an "R1" District for a business or industrial purpose necessary to a residential development of such district. The

Commission shall also hear and decide all matters referred to it or upon which it is required to pass under this ordinance.

Any person, firm, company or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance, shall be subject to a fine of not less that Fifty Dollars ($50.00) nor more than Seven Hundred Fifty Dollars ($750.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.

Setting forth of this penalty does not limit injunctive or other remedies by courts of proper jurisdiction.

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this ordinance or other regulations made under authority conferred thereby, the Village, or any person the value or use of whose property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceedings in equity (1) to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, (2) to restrain, correct or abate such violation, (3) to prevent the occupancy of said building, structure or land, or (4) to prevent any illegal act, conduct, business or use in or about the premises.

The Code Enforcement Officer is hereby designated as the enforcing officer. It shall be his duty to administer and enforce the provisions of this ordinance, and to that end he shall have power to make such orders, requirements, decisions and determinations as are necessary with respect to applications for permits and the enforcement of this ordinance.

All ordinances or resolutions or parts thereof in conflict with the provisions of this ordinance are hereby repealed insofar as they conflict therewith.

No amendment of this ordinance shall be made without a hearing before a commission or committee designated by the Village Board. At least fifteen (15) days notice of the time and place of such hearing shall be published in a paper of general circulation within the Village. In case of written protest against any proposed amendment, signed and acknowledged by the owners of twenty percent of the frontage proposed to be altered, or by the owners of twenty per cent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty per cent of the frontage directly opposite the frontage proposed to be altered as such regulations or district, filed with the Village Clerk, such amendment shall not be passed except by the favorable vote of two thirds of all of the members of the Village Board.

Section 1. Invalidity of Portions. Should any section, clause, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the ordinance as a whole or any parts hereof, other than the part so declared to be invalid.

Section 2. When Effective. This ordinance shall be in effect from and after its passage, approval and posting.

For the purpose of this ordinance, certain terms and words used herein shall be interpreted and defined as follows:

Words in the present tense include the future and vice-versa; words in the singular number include the plural number and vice-versa; the word "building" includes the word "structure" and vice-versa; the word "shall" is mandatory and not directory.

1. Accessory Use: A use which is incidental to the main use of the premises.

2. Alley: A public thoroughfare, which afford only secondary means of vehicular access to abutting property, and less than thirty (30) feet in width.

3. Basement: A story partly underground, but having less than one-half of its clear height below, which unless subdivided into rooms and used for tenant purposes, shall not be included as a story for the purpose of height measurements.

4. Block: Property having frontage of one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or other barrier.

5. Boarding house: A building not open to transients, where lodging and/or meals are provided for three (3) or more, but not over 30 persons regularly; a lodging house.

6. Building: A structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of persons, animals, chattels, or property. When separated by party walls, without openings through such walls, each portion of such a building shall be considered a separate structure.

7. Building Accessory: A subordinate building, or a portion of a main building, the use of which is incidental to that of the main building.

8. Building Area: The maximum horizontal projected area of a principal or accessory building, excluding open steps or terraces, unenclosed porches not exceeding one story in height, or architectural appurtenances projected not more than two (2) feet.

9. Building, Front line of: The line of that face of the building nearest the front lot line.

10. Building, Principal: A building in which is conducted the main or principal use of the lot which said building is situated. Where a substantial part of the wall of an accessory building is part of the wall of the principal building or where an accessory building is attached to the main building in a substantial manner by a roof, such accessory building shall be counted as a part of the principal building.

11. Building, Height of: The vertical distance measured from the lot ground level to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between eaves and ridges for gable, hip and gambrel roofs.

12. Business: The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.

13. Camp, Public: Any area or tract of land used or designed to accommodate two (2) or more automobile house trailers, or two (2) or more camping parties, including cabins, tents or other camping outfits.

14. Commission: The Planning and Development Commission of the Village of South Holland, Illinois.

15. Commercial: See Business.

16. District: A section of the Village of South Holland for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established.

17. Family: A group of one or more persons occupying a building and living as a single housekeeping unit. No unrelated group living as a single housekeeping unit shall consist of more than six (6) persons, as distinguished from a group occupying a lodging house or hotel.

18. Floodway (Regulatory). Means the channel and that portion of the floodplain adjacent to a stream or watercourse as designated by Division of Water Resources, which is needed to store and convey the existing and anticipated future one hundred-year frequency flood discharge with no more than a 0.1 foot increase in stage due to the loss of flood conveyance or storage, and no more than a ten (10) percent increase in velocities. (See Section 14-22, South Holland Village Code).

19. Garage, Private: An accessory building with a capacity for not more than three (3) motor vehicles for storage only, not more than one of which may be a commercial vehicle of not more than 3 tons capacity, provided however, that if located in a residential area, the side walls thereof shall be a height of not more than nine (9) feet, and provided further that the roof of such garage shall be in conformity with the roof of the residence which is the principal building to which said garage is an accessory.

20. Garage, Public: Any building or premises, except those defined herein as a Private Garage, used for the Storage, or care of motor vehicles; or where such vehicles are equipped for operation, repaired, or kept for remuneration, hire or sale.

21. Ground Floor Area: The square foot area of a residential building within its largest outside dimensions computed on a horizontal plane at the ground floor level, exclusive of open porches, breezeways, terraces, garages, and exterior stairways.

22. Home Occupation: An occupation, carried on by a member of the family residing on the premises; in conjunction with which no commodity is sold or stock in trade is kept on the premises; no person is employed other than a member of said family; and no sign, other than a nameplate, not exceeding one square foot in area, is displayed, and no change in the external appearance of the building shall be caused thereby, and no accessory building shall be used for such home occupation. Such uses such as barber shops, beauty parlors, tea rooms, tourist homes and animal hospitals shall not be deemed to be a home occupation.

23. Hotel: A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding or lodging house.

24. Junk Yard, including Automobile Wrecking: A lot or part thereof used for the storage, keeping or abandonment of junk, including scrap metal or other vehicles or machinery or parts thereof.

25. Kennel: Any lot or premises on which four (4) or more dogs, at least four (4) months of age, are kept.

26. Lodge or Club: An association of persons for some common purpose, but not including a group organized primarily or which is actually engaged to render a service which is customarily carried on as a business.

27. Lot: A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one (1) principal building and its accessory buildings, and the open space required by this ordinance, and having its principal frontage on a street or an officially designated and approved place.

28. Lot, Corner: A lot abutting upon two (2) or more streets at their intersection.

29. Lot Coverage: The percentage of the lot area covered by the building area.

30. Lot, Depth of: The main horizontal distance between the front line and the rear line of the lot, measured in the general direction of the side lot lines.

31. Lot, Ground Level:

a. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

b. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets.

c. For buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than five (5) feet from a street is to be considered as adjoining the street.

32. Lot, Interior: A lot other than a Corner Lot or Through Lot.

33. Lot Line, Front: In the case of an interior lot, a line separating the lot from the street or place; and in the case of a corner lot a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.

34. Lot Line, Rear: A lot line which is opposite and most distant from the front lot line and, in the case of an irregular or triangular shaped lot, a line ten (10) feet in length within the lot, parallel to and at the maximum distance from the front lot line.

35. Lot Line Side: Any lot boundary line not a front lot line or a rear lot line.

36. Lot, Through: A lot having frontage on two streets at opposite ends of the lot, or a lot having frontage on a street at one end and frontage on a private established road at the other end of the lot.

37. Lot, Width of: The distance between the side lot lines at the front line of building measured at right angles to the depth of the lot.

38. Motel: A building or group of buildings, in which lodging is provided and offered to the public for compensation, and catering primarily to the public traveling by motor vehicle.

39. Nonconforming Use: A building or premises which does not conform in its use or otherwise with all of the regulations of the district in which such building or premises is located.

40. Parking Lot: A parcel of land devoted to unenclosed parking space for five (5) or more motor vehicles for compensation or otherwise.

41. Place: An open unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.

42. Professional Office: When conducted in a residential district a professional office shall be incidental to the residential occupation; shall be conducted by a member of the resident family entirely within a residential building; and shall include only the office of doctors or practitioners, ministers, architects, landscaping architects, professional engineers, lawyers, authors, musicians and other recognized professional occupations occasionally conducted within residences.

43. Sanitarium: A private hospital, whether or not such facility is operated for profit.

44. Story: That portion of a building, included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the story.

45. Story, Half: That portion of a building under a sloping gable, hip, or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three (3) feet above the floor level of such half-story.

46. Street: A public thoroughfare thirty (30) feet or more in width between property lines, which affords principal means of vehicular access to abutting property.

47. Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or which is attached to something permanently located on the ground.

48. Structural Alteration: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the roof, excepting such alterations as may be required for the safety of the building.

49. Tourist Home: A dwelling in which overnight accommodations for not more than five (5) transient guests is offered for compensation.

50. Vehicle Parking Spaces: See Specification F.

51. Vision Clearance on Corner Lots: A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the height of 3 1/2 and 12 feet above established grade, determined by a diagonal line connecting two points measured equidistant from the corner along each property line.

52. Yard, Front: Horizontal space measured at 90 degrees with the property line, between the front line of the principal building and the property line of the street upon which the building faces, unoccupied other than by steps, walks, terraces, and upon, unroofed, unenclosed porches; or architectural appurtenances projecting not more than 24 inches from the building.

53. Yard, Rear: Horizontal space measured at 90 degrees to the rear lot line, between the rear of the principal building and the rear line of the lot, unoccupied other than by vehicle parking space, architectural appurtenances, or accessory buildings which do not occupy more than 30 per cent of the required rear yard.

54. Yard, Side: Horizontal space measured at 90 degrees to the side lot line between the side of a building and the adjacent side line of the lot.

55. Zone. Same as District.

Single Family Dwellings

Definition: A detached building designed or occupied by one family exclusively. (Specification A.17)

Location Permitted: In "R1" Districts, provided it is located:

1. On a lot which was in single ownership or included in a subdivision of public record in Cook County, Illinois, or before the date of passage of this ordinance, or

2. On a lot with a minimum area of 9,100 square feet and a width of 70 feet and a depth of 130 feet. However, the lot size must be comparable to adjacent lots in the area, whichever is greater.

Further, the building style must be compatible and in character with surrounding development and have the approval of the Planning and Development Commission.

Floor Area: Not less than 1000 Square Feet of finished living area above grade in a single story building nor less than 1700 square feet on a multi story building.

Height of Buildings: Principal Building-Normal maximum 25 feet or 2 stories.

Front Yard: 20% of average depth of lots in the block with a minimum of 25 feet, provided that on through lots, the front yard setback requirements shall apply to the frontage on both ends of the through lot, and provided further, that on through lots, said front yard set back shall be applicable to all buildings, including the principal building and all accessory buildings, particularly including garages.

Side Yard: The sum of the side yard shall equal not less than 20% of the lot width with a minimum width of 6 feet for either side yard.

Rear Yard: 10% of the depth of lot, with a minimum depth of 10 feet. One-half of an alley abutting the rear lot may be included in the required rear yard. In cases of through lots, the rear yard requirements are not applicable, and in such cases, the front yard requirements are applicable to both ends of such through lots.

Corner Lot Side Street Setback: Minimum of 15 feet.

Lot Coverage: 35% maximum. (See also Specification A.52)

Accessory Buildings, Uses Permitted:

1. Private garage, storage, exclusive of industrial or commercial use.

2. Accessory building shall not be permitted prior to the erection of the principal building, except for storage purposes and not for human occupancy. (Specification A.18)

3. No detached accessory building shall be located closer to a side lot line than 6 feet, except when said detached accessory building is 15 feet or more to the rear of the principal building on said lot and the lots immediately adjacent to said lot, provided the principal building on the adjacent lot faces the same street as the lot in question, such side yard may be no closer to a side lot line than 3 feet.

Landscaping: Approved Landscaping is required for all new developments and major alterations. (See Sec. 6-261)

Vision Clearance on Corner Lot: Eight feet from the intersection of property lines.

Vehicle Parking Space: See Specification F.

Front Yard:

1. Where 25% or more of the lots in a block are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block, but the maximum front yard need not exceed 40 feet in "R1" districts; or 15 feet in other districts.

2. Front Yard or setback line established in recorded subdivisions establish the dimension of front yards in such blocks, except when such setback lines may be less restrictive as provided in Article 1, Section 4.

3. On lots extending through from one street to another, a front yard is required on each street.

Tapered Yard: Where an interior lot abuts a corner lot, or on an alley separating such lots, any accessory building located on the rear lot line of a corner lot shall be set back from the side street as far as the dwelling on the interior lot; for each foot that such accessory building is placed from the rear line towards the front line of the corner lot, the accessory building may be set 4 inches closer to the side street line, but in no case closer than 6 feet.

Accessory Buildings: No accessory building may be erected having a side wall height higher than 9 feet, provided further that an accessory building shall have a roof constructed in conformity with the principal dwelling to which the building is an accessory. The ridge of an accessory building shall not exceed the height of the principal building for one story buildings or twenty feet on a multi-story building. The permit to construct accessory buildings and garages shall not modify the limitations of lot coverage herein above stated.

Local Business Uses

Definition: Commercial uses primarily of a retail or service nature.

Location Permitted: The following classification of business uses specifically, stated or implied are permitted in the "LB’, "GB", or "LI" Districts.

1. Automobile Service

a. Filling Station

b. Commercial Garage

c. Commercial Parking Lot

d. Sales Room

e. Open Automobile or Trailer Sales Area

f. Automobile Repair, entirely with enclosed buildings

2. Business Service

a. Bank

b. Office

c. Postal Station

d. Telegraph Offices

3. Clothing Service

a. Laundry agency

b. Self-Service Laundry

c. Dry Cleaning Establishment using not more than two clothes cleaning units, neither of which shall have a rated capacity of more than 40 pounds using cleaning fluid which is non-explosive and non-flammable.

d. Dressmaking

e. Millinery

f. Tailor and Pressing Shop

g. Shoe Repair Shop

4. Equipment Service

a. Radio Shop

b. Electric Appliance Shop

c. Record Shop

5. Food Service

a. Grocery

b. Meat Market

c. Supermarket

d. Restaurant

e. Delicatessen

f. Cold Storage Lockers, for individual use

g. Bakery

h. Roadside Sales Stand

6. Personal Service

a. Barber Shop

b. Beauty Shop

c. Reducing Salon

d. Photographic Studio

7. Retail Service, Retail Stores Generally

a. Drugstore

b. Hardware

c. Stationer

d. Newsdealer

e. Show Room for articles to be sold at retail

f. Commercial greenhouse, not exceeding 1,000 square feet in area.

g. Apparel Shop

h. Flower Shop

8. Motels

9. Private Club or Lodge

10. Advertising Sign or Billboard

Height of Buildings

District Normal Maximum Height

"LB" 30 feet or 2 stories

"GB’ & "LI" 60 feet or 5 stories

Front Yard: 15 feet unless otherwise specified on the Zone Map.

Side Yard:

1. Along the side street line of a corner lot in an "LB" District, where the block is adjoined by a residential block, the minimum dimension shall be six (6) feet.

2. Where an "LB" District adjoins an "R1" District within the block, there shall be a side yard of at least six (6) feet.

3. In blocks included entirely in "LB", "GB", or "LI" Districts, no side yard are required. However, if a side yard is provided, the minimum dimensions shall be six feet.

Rear Yard: A minimum of 10% of the depth of the lot.

Lot Coverage: A minimum of 90%, but this shall not waive provision of yard or off street parking where required. (Vehicle Parking Space see Specification F.)

Landscape: Approved landscaping is required for all new development and all additions, alterations and enlargements. (See Section 6-261 of the Village Code)

Definition: Commercial uses including wholesale and storage uses conducted within enclosed, substantially constructed buildings.

Location Permitted: The following classification of business uses specifically stated or implied are permitted in the "GB" and "LI" Districts:

A. All classifications listed in Specification C for Local Business Uses, plus

B. Department Store, Storage Warehouse, Wholesale establishment, Motor Bus or Railroad Passenger Station.

C. Any Commercial Use not specifically stated or implied elsewhere in this ordinance and complying with the above definition.

Height of Buildings:

District Normal Maximum Height

"LB" 30 feet or 2 stories

"GB" & "LI" 60 feet or 5 stories

Front Yard: None or as specified on the Zone Map.

Side Yard: None required. However, where a "GB" District adjoins an "R1" District within the block, there shall be a side yard of at least six (6) feet.

Rear Yard: A minimum of 10% of the depth of the lot.

Lot Coverage: A maximum of 90%, but this shall not waive provision of yards or off street parking where required.

Landscape: Approved landscaping is required for all new development and all additions and alterations and enlargements. (See Section 6-261 of the Village Code)

Vehicle Parking Space: See Specification F.

Loading and Unloading Berths: See Section XII, D of Specification F, Design and Maintenance.

Paving: See Section VII, D of Specification F. Design and Maintenance.

Rear Yard: One-half of an alley abutting the rear of a lot may be included in the rear yard to satisfy rear yard requirements, but such alley space shall not be included for loading and unloading berths.

Vision Clearance on Corner Lots: Eight feet from the intersection of property lines.

Condition Exceptions

Maximum Height: The normal maximum height of structures may be increased as follows:

1. Buildings in "GB" and "LI" Districts may be erected higher than the normal maximum if they are set back from front and rear property lines, one foot for each two feet of additional height above the normal maximum height.

2. Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers, or essential mechanical appurtenances, may be erected to any height not prohibited by other laws or ordinances.

Vehicle Parking Space: See Specification F.

Definition: A Limited Industrial Use is one which ordinarily uses only light machinery, is conducted entirely within enclosed, substantially constructed buildings, does not use the open area around such buildings for storage of raw materials or manufactured products or for any other industrial purposes other than loading and unloading operations in the rear; and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, noises, or vibrations beyond the confines of the building.

Location Permitted: In the "GB" and "LI" Districts.

Definition: A Light Industrial Use is one which requires both buildings and open area for manufacturing, fabrications, processing, heavy repairing, dismantling, storage or disposal of raw materials, manufactured products or wastes, which is not injurious to health or safety of humans or animals, or injurious to vegetation; and which is not noxious or offensive by reason of the emission of smoke, dust, gas, fumes, odors, or vibrations beyond the limits of the premises upon which such industry is conducted.

Included in this classification are all industrial uses fully complying with the above definition plus:

1. Poultry slaughtering and wholesaling.

2. Veterinary Hospital or Kennel.

3. Bulk Storage of inflammable fluids in above ground tank, but not Oil Refinery Tanks.

4. Truck Terminal

5. Railroad Freight House

6. Utilities Storage yard

7. Coal, Coke, or Wood Yard.

8. Lumber Yard.

9. Contractor’s Plant or Storage Yard.

10. Bus Line Shops or Garage

11. Building Material Storage Yard.

12. Carting, Express, Hauling or Storage Yard.

No residential uses shall be permitted in industrial areas except for a caretaker’s or watchman’s apartment within a building primarily designed and used for industrial purposes. Such caretaker’s or watchman’s apartment shall be designed and used for a single family use only, and to insure such limitations, the kitchen facilities permitted shall be single, such as is used for a single family.

Location Permitted: In "LI" District.

 

Height of Buildings: Normal maximum height permitted - 60 feet or 5 stories

Front Yard:

District Depth in Feet

"GB" None or as specified on Zone Map

"LI" 15

Side Yard: None required. However, if a side yard is provided, the minimum dimensions shall be six (6) feet.

Rear Yard: A minimum of 15 feet (One-half of an alley abutting the rear of a lot may be included in the rear yard to satisfy rear yard requirements, but such alley space shall not be included for loading and unloading berths.)

Lot Coverage: A maximum of 90%, but this shall not waive provision of yards or off street parking where required.

Vision Clearance on Corner Lots: 8 feet.

Vehicle Parking Space: See Specification F.

Loading and Unloading Berths: See Section IV of Specification F, Design and Maintenance.

Paving: See Specification F.

Landscape: Approved landscaping is required in all new developments and all additions, alterations or enlargements. (See Section 6-261 of the Village Code.)

Maximum Height:

1. Buildings may be erected higher that the normal maximum if they are set back, from front and rear property lines, one foot for each two feet of additional height above the normal maximum height.

2. Chimneys, cooling towers, elevator bulkheads, fire towers, penthouses, stacks, tanks, water towers, transmission towers, or essential mechanical appurtenances, may be erected to any height not prohibited by other laws or ordinances.

Vehicle Parking Space: See Specification F.

Specification E - Contingent Uses

Definition: Uses which are likely or possible, but not certain, to occur, and which are not inappropriate to the principal use of the District in which located.

Location Permitted and Vehicle Parking Space Required: Contingent uses, as listed herein, are permitted in the District indicated below. See Specification F.

Contingent Use Locations Permitted

lease, hire, or sale of a building or premises

Paving: See Specification F, Section IV. Design and Maintenance

Parking Requirements: See Specification F

Height Permitted:

District Normal Maximum

"R1" 25 feet or 2 stories

"LB" 30 feet or 2 stories

"GB" & "LI" 60 feet or 5 stories

1. Buildings may be erected to heights in excess of the normal maximum, if they are set back from required front, side, and rear yard lines, or property lines where yards are not required as follows:

District Normal Maximum

"R1" One foot for each foot

of additional height

"L1" One foot for each two

feet of additional height

2. In all districts, spires, church steeples, chimneys, cooling towers, elevator bulkheads, fire towers, scenery lofts, water towers, transmission towers, and other essential mechanical appurtenances may be erected to any reasonable height not permitted by other laws or ordinances.

THE PROVISIONS FOR YARD, VISION CLEARANCE, AND ACCESSORY BUILDINGS AS THEY PERTAIN TO RESIDENCES IN RESIDENTIAL DISTRICTS, LOCAL BUSINESS USES IN "LB" OR "LI" DISTRICTS OR GENERAL BUSINESS USES IN "GB" DISTRICTS, SHALL APPLY TO CONTINGENT USES LISTED HEREIN.

A. Purpose.

1. In order to reduce the visual impact of large residential and nonresidential parking areas, to minimize the adverse effects of off-street parking on adjacent properties, and to ensure the proper development of parking areas throughout the Village, off-street parking and loading spaces for every site shall be provided in accordance with the standards established in this Section.

2. For any off-street parking area required under this Section, and for any public parking lot, garage, and storage area operated on a commercial base, an off-street parking management plan shall be submitted as part of site plan review.

B. Scope of Regulations.

1. When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or, other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use and for one hundred (100) percent of any existing deficiency in parking or loading facilities.

2. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use.

3. Uses not specified shall conform on the same basis as the most similar use as determined by the Planning and Development Commission.

4. Existing parking and loading facilities. Accessory off-street parking and loading facilities in existence on the effective date of this ordinance and located on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below, the requirements for a similar new building or use under the provisions of this ordinance.

5. Submission of plot plan. Any application for a building permit, or for an occupancy certificate where no building permit is required, shall include therewith a plot plan drawn to scale fully dimensioned showing any off-street parking or loading facilities to be provided in compliance with this ordinance.

C. Required Number of Off-Street Parking Spaces.

1. Except as otherwise provided in Subsection (2) below, each principal use on a parcel shall be provided with the number of off-street parking spaces indicated for that use in Table A.

2. In the event that the number of parking spaces listed on Table A cannot be placed on the parcel in accordance with these regulations without the demolition of an existing structure to accommodate a parking area the Director of Planning, Development and Code Enforcement may authorize up to a twenty percent (20%) reduction in the total number of parking spaces required on the lot. The Director of Planning, Development and Code Enforcement may issue such an authorization only upon the request of the applicant and only upon determining that the reduction in the number of required parking spaces will not unreasonably increase parking congestion along public streets or in parking areas located on nearby lots. After such authorization is granted, the applicant shall not demolish or remove the existing structure without the approval of the Director of Planning, Development and Code Enforcement.

3. In the event that an applicant demonstrates that a new commercial use will require more parking spaces than the number allocated under Table A, the Director of Planning, Development and Code Enforcement may authorize up to a twenty (20) percent increase in the total number of parking spaces permitted on the lot. The Director of Planning, Development and Code Enforcement may issue such authorization only upon the request of the applicant and only upon determining that the new use will attract more vehicles than the parking lot could otherwise accommodate.

4. In the event that an applicant demonstrates that fewer parking spaces are needed to serve the use at the time of permit application, the Director of Planning, Development and Code Enforcement may authorize a reduction in the amount of parking spaces and reserve additional land for potential use as parking spaces at a future time.

5. When the required number of off-street parking spaces computed according to Table A results in a fractional number, the number of required parking spaces shall be determined as follows: any fraction up to and including one-half (1/2) shall be disregarded and fractions over one-half (1/2) shall require one (1) parking space.

6. If a use is not listed in Table A, The Director of Planning, Development and Code Enforcement shall determine the number of off-street parking spaces that shall be required.

TABLE A

toxic waste 1 per employee

TABLE A (continued)

Petroleum storage facilities 1 per employee

TABLE A (continued)

*-Requirements based on square feet mean square feet of gross floor area, except as otherwise indicated.

-Requirements based on the number of seats or students mean the number that is the design capacity of the building.

-Requirements based on the number of staff or employees mean the maximum number of staff or employees on one shift, as certified by the applicant.

**-If no on-street parking is allowed, every dwelling unit must provide 2.5 spaces, or a parking agreement must be provided with a parking lot within 500 feet of the dwelling units.

D. Size of Required Parking Spaces and Aisles.

1. Each required parking space shall cover a rectangle at least nine (9) feet wide and eighteen and one-half (18 1/2) feet long, as illustrated in Figure B. The minimum required eighteen and one-half (18 1/2) foot length shall be greater where there is a wall, fence or other obstruction or where parallel parking is required at the end of the parking space. The minimum required length may be up to two (2) feet less if a strip of ground at least two (2) feet wide exists at the end of the space and a wheelblock or curb prevents a vehicle from driving onto the strip or hitting any fence or wall at the edge of the parking area.

2. Each required parking space shall have direct and unrestricted access to an aisle. The minimum width of said aisle is set out in Figure B. See FIGURE B hereinbelow.

3. The vertical clearance of each enclosed off-street parking space shall be a minimum of seven (7) feet.

 

E. Spaces for the Handicapped.

1. Except for single family dwellings, the number of spaces required under the provisions of Subsection (B) above shall include the following requirements for parking spaces for handicapped persons:

2. Off-street parking spaces for the handicapped shall be designed as follows:

a. All spaces for the handicapped shall have access to a curb-ramp or cub-cut when necessary to allow access to the building served, shall be located so that users will not be compelled to wheel behind parked vehicles, and shall be located the shortest possible distance between the parking area and the entrance to the principal building it serves.

b. The total number of accessible parking spaces may be distributed among parking lots, if greater accessibility is achieved in consideration of such factors as anticipated usage, number and location of entrances and level of parking areas.

c. Each parking space for the handicapped shall be at least sixteen (16) feet wide including an eight (8) foot wide access aisle, and adjacent parking spaces shall not share a common access aisle. All access aisles shall blend to a common level with an accessible route and shall be diagonally striped.

d. Parallel parking spaces for the handicapped shall be located either at the beginning or end of a block, or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors.

e. No accessible parking spaces shall be required if only attendant or valet parking is provided and is available at all times that the facility is open for public use. If accessible at-grade parking is available, at least one (1) space for self parking of a vehicle with sensitive specialized control devices shall be provided.

f. Each parking space for the handicapped shall be equipped with a sign which complies with Ill. Rev. Stat. ch. 95 1/2, par. 11-301 et seq., as amended, and shall meet the requirements of Sign R7-8, U.S. Department of Transportation Standard and the Illinois Department of Transportation. Signs shall bear the internationally accepted wheelchair symbol and shall be vertically mounted on a post or a wall at the front center of the parking space, no more than five (5) feet horizontally from the front of the parking space, and set a minimum of four (4) feet from finished grade to the bottom of the sign.

F. Location of Required Parking.

1. Required off-street parking spaces accessory to residential dwellings shall be located on the same lots as the use served.

2. Required off-street parking spaces accessory to nonresidential districts shall be located within one thousand feet (1,000) of the use served, except for spaces accessory to overnight accommodations, which shall be within three hundred feet (300) of the use served.

3. Where these regulations allow shared parking between uses on different lots, all such off-street parking areas shall be located no more than five hundred (500) feet from the use they are intended to serve.

G. Maintenance. All parking areas shall be kept in a dust-free condition at all times.

H. Restriction on Use of Off-Street Parking and Loading Spaces.

1. Ingress and egress to and from off-street parking and loading spaces shall be provided by means of clearly limited and defined entrance and exit drives which lead from public rights-of-way to clearly limited and defined maneuvering lanes which in turn provide access to individual off-street parking or loading spaces.

2. Layout configurations which require backing directly onto a street or a parking or loading space are prohibited.

3. On arterial roadways, the number of access points shall be limited to one (1), unless a competent traffic engineering study determines that site access would be improved by additional access points. The minimum space between access drives shall be based on roadway speed and not on speed type and shall be determined by the Director of the Planning, Development and Code Enforcement.

4. Wherever practicable, access drives shall be shared by several uses. Such uses shall be jointly responsible for the maintenance and landscaping of the drive.

I. Shared Parking.

1. In order to reduce the total number of parking spaces which would otherwise be required according to Subsection (C) above, joint use of up to fifty (50%) percent of required parking spaces may be permitted for two (2) or more uses located on the same or adjacent parcels. In order to qualify for a joint use reduction, the owner of the parking lot and the owner(s) of adjacent uses must demonstrate that the shared parking will not create a parking shortage during peak hours.

2. Any sharing of required parking spaces by uses located on different parcels shall be guaranteed by a legally binding written agreement between the owner of the parking area and the owner of any use located on a different parcel and served by the parking area that is approved by the Village attorney.

3. In the event that joint use of parking spaces becomes inappropriate, in the opinion of the Director of the Planning, Development, and Code Enforcement, after a shared parking program has been implemented, the agreement in Subsection (2) above shall be set aside. The required number of off-street parking spaces shall be computed and provided according to the provisions of Subsection (C), above.

J. Design and Maintenance.

1. Accessory parking spaces may be open to the sky or enclosed in a building.

2. In yards (residential zoning districts). Off-street parking spaces, open to the sky, may be located in any yard except a front yard adjoining a street. Enclosed buildings and carports containing off-street parking spaces shall be subject to applicable yard requirements.

3. Surfacing. All new residential and nonresidential open off-street parking and access drives shall be surfaced within one (1) year from the date of occupancy. Open off-street parking spaces and access drives shall be surfaced according to the following schedule for all existing nonresidential and residential property which is presently being used for commercial purposes as a legal nonconforming use:

a. One (1) acre or under: The front one hundred (100) feet from the right-of-way or entrance shall be surfaced within twelve (12) months. Fifty (50%) percent of the balance of the property requiring surfacing shall be completed within twenty-four (24) months. The balance of the area to be surfaced shall be completed within thirty-six (36) months.

b. Areas in excess of one (1) acre: The front one hundred (100) feet from the right-of-way or entrance shall be surfaced within twelve (12) months.

1) Twenty-five (25%) percent of the remaining portion to be surfaced within twenty-four (24) months.

2) An additional twenty-five (25%) percent of the initial total area to be surfaced within thirty-six (36) months.

3) An additional twenty-five (25%) percent of the initial total area to be surfaced within forty-eight (48) months.

4) The balance of the initial total area to be surfaced within sixty (60) months.

The surfacing referred to shall be constructed to provide adequate draining. The surfacing material for areas zoned Commercial (GB and LB) are required to have bituminous asphalt or concrete upon the entire area required. Any area not surfaced shall have landscaping.

Areas zoned Industrial (LI) shall be required to have bituminous asphalt or concrete at the entrance of the property. Areas used for parking and loading shall also be required to have bituminous asphalt or concrete. In areas zoned LI, where there are areas of granulated mineral matter in excess of the required parking, loading or access, said areas may be used only for the storage of materials and/or equipment provided the same has been treated adequately with an environmental protection agency approved asphaltic emulsion. Property used by the Village for park purposes, including access drives and parking, may also be treated adequately with an environmental protection agency approved asphalt emulsion. (Which are in the Illinois Department of Transportation, Division of Highways, Bureau of Design Minimum Standards Manual.)

4. Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance and in a parking area containing four (4) or more parking spaces such lighting shall be extinguished one-half hour after the close of business except as may otherwise be permitted or required by the Planning and Development Commission for maintaining illumination after the time specified above.

5. Repair and service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with any parking facilities. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities.

6. All sidewalks within or adjoining off-street parking spaces shall be kept free from dirt, ice, sleet, and snow and maintained in a safe condition for pedestrian travel.

7. Identification and marking. Required off-street parking areas for three (3) or more automobiles shall have individual spaces marked, in accordance with the regulations of the Illinois Accessibility Code, 71 Illinois Administrative Code, Chapter 1, Section 400 et seq., as amended which relates to parking lots and shall be designed, maintained and regulated so that no parking or maneuvering incidental to parking shall be on any public street or walk.

Section 1. Residential Development Plan.

A. The owner or owners of any tract of land, comprising an area of not less than three (3) acres, may submit to the Planning and Development Commission a plan for the use and development of the land, primarily for residential purposes. The proposed development plans shall be submitted to the Planning and Development Commission for examination, study and report and for a public hearing.

B. If the Planning and Development Commission approves the proposed Residential Development Plan, permits shall be issued, even though the use of the land, the location of buildings to be erected in the area, and the yards and open spaces provided in the plan do not conform in certain respects to the regulations for the District in which the Development is to be located.

C. If the Planning and Development Commission approves the proposed Residential Development Plan such approval shall be forwarded to the President and Board of Trustees for final action thereon.

See Specification F. Off Street Parking and Loading

Section 2. Community Shopping Center Development Plan.

A. The owner or owners of any tract of land, comprising an area of not less than four (4) acres, may submit in a similar manner, a development plan for a Community Shopping Center, which shall be processed in the manner prescribed in Section 1, a, herein and may be approved if the report of the Village Planning and Development Commission shows that:

The commercial uses included in the plan are limited to those permitted in the "LB" District and to department Stores;

The entire Development is designed as a single architectural unit, with appropriate landscape architectural treatment of the entire unit area;

That at least twice the gross floor area of the stores to be included within the development, plus one vehicle parking space for each six (6) seats in any theater or place of congregation included within the plan, is provided in off street parking area, which are integral parts of the design of the unit plan;

That the appropriate use of property adjacent to the area included in the plan will be fully safeguarded;

That the plan is consistent with the intent of this ordinance to promote the public health, safety, and general welfare.

See Specification F. Off Street Parking and Loading

B. If the Planning and Development Commission approves the proposed development for a Community Shopping Center, permits shall be issued as prescribed herein.

C. If the Planning and Development Commission approves the proposed Community Shopping Center Development Plan such approval shall be forwarded to the President and Board of Trustees for final action thereon.

See Specification F. Off Street Parking and Loading

Section 3. Commercial Recreational Area Development Plan.

A. The owner or owners of any tract of land comprising an area of not less than five (5) acres, may submit to the Planning and Development Commission a plan for the use and development of the land primarily for commercial recreational purposes.

B. If the Planning and Development Commission approves the proposed commercial recreational area development plan, such approval shall be forwarded to the President and Board of Trustees for final action thereon.

See Specification F. Off Street Parking and Loading

Planned Unit Developments are of such substantially different character from other special uses that specific additional standards and exceptions are hereby established to govern the recommendations of the Planning and Development Commission, and the action of the Board of Trustees.

Section 1 Statement of Objectives

The intent is to permit greater flexibility for the purpose of securing better site planning than would be possible through a strict application of the zoning ordinance and the subdivision regulations ordinances, while safeguarding the present or future use and development of surrounding areas, and specifically provide for:

A. An opportunity for new and creative approaches to the commercial and industrial environment and for ingenuity, imagination and design efforts on the part of builders, architects, site planners and developers;

B. An economic and efficient use of land;

C. The preservation of natural features, thus enhancing the appearance of Industrial or Commercial Areas and servicing a conservational purpose;

D. An improved level of amenities.

Section 2. Review Procedure

The Planning and Development Commission of the Village of South Holland is hereby designated by the President and Board of Trustees to review Planned Unit Developments as a special use in accordance with Chapter 24, Illinois State Statutes, 1967, 111-13-1.1.

Section 3. Application of Commercial and Industrial Planned Unit Development

The site of the Commercial and Industrial Planned Unit Development shall consist of more or less than 10 contiguous acres with no major internal barriers. This requirement may be waived if one or more of the following conditions exist:

A. If because of unusual physical features of the site itself or of the Commercial and Industrial area in which it is located, a waiver is necessary or appropriate in order to conserve a physical or topographical feature of importance to the municipality;

B. The site or its Commercial and Industrial areas has a historical character of importance to the community which will be protected by a Planned Unit Development.

Section 4. Permitted Locations

A Planned Unit Development may be built in the Local Business, General Business, and Industrial Districts.

Section 5. Standards

A plan for a Commercial and Industrial Planned Unit Development shall be reviewed by the Planning and Development Commission for conformity, 1. with the intent and the spirit of the Comprehensive Plan of Development of the Village of South Holland; 2. with Statement of Objectives for Commercial and Industrial Planned Unit Development of this section and for conformity, 3. with the provisions of other sections of this ordinance, 4. with the subdivision ordinance not superseded by the standards set out in this section. A plan, complying with the initial requirements may qualify for tentative approval. A plan shall be consistent with the following general standards:

A. Ownership

The site of a Commercial and Industrial Planned Unit Development shall be under single ownership or control at the time of approval of the final development plan. A binding purchase agreement, approved by the Village Attorney, for the entire site at the time of submittal of the final development plan shall satisfy the requirements of this section.

B. Maximum ground coverage

The total ground area occupied by buildings and structures shall be regulated by the rules of specifications C and D of the Zoning Ordinance of the Village of South Holland.

C. Architectural Style

The architectural style of a proposed building shall not alone be sufficient cause for denial of approval.

D. Ownership and Maintenance of Open Space

1) All land shown on the final development plan as common space must be maintained in accordance with the provisions of the final development plan. The means of ownership and maintenance of the common open space must be recommended by the Planning and Development Commission and approved by the President and Board of Trustees and must restrict the common open space to the uses specified on the final development plan and provide for maintenance in a manner which assures its continuing use for its intended purpose.

2) No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit the use in accordance with Appendix B. Subdivision Section 3. Procedure. However, no change of use authorized under Appendix B. Subdivision Section 3. Procedure, may be considered as a waiver of any of the covenants limiting the use of common open space areas, and all rights to enforce these covenants against any use permitted under Appendix B. Subdivision Section 3. Procedure., are expressly reserved.

E. Parking and Loading Design Standards

1) Parking may be located, anywhere within the Planned Unit Development, provided that in each case the Planning and Development Commission shall find that such parking spaces will be conveniently located, and in compliance with Specification F the Zoning Ordinance of the Village of South Holland.

2) Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness and monotony of parked cars, in accordance with the provisions of the Village of South Holland Landscape Ordinance. See Section 6 of the Village Code.

3) Pedestrian connections between parking areas and buildings shall be via special pedestrian walkways and/or elevator if required by the Illinois Accessibility Standards.

4) Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, ease of access, and shall be developed as an integral part of an overall site design.

5) Any above-grade loading facility will be screened from public view to the extent necessary to eliminate unsightliness.

F. Access Requirements and Circulation System Design Standards.

1) The proposed site shall be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development.

2) There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, parking and loading spaces.

3) Roads, pedestrian walks and open space shall be designed as integral parts of an overall site design. They shall be properly related to existing and proposed buildings and appropriately landscaped. (In accordance with the Village of South Holland Landscape Ordinance, see Section 6-761 et. seq.)

4) There shall be an adequate amount, in a suitable location, of pedestrian and landscaped spaces to prevent pedestrian use of vehicular ways and parking spaces and to separate pedestrian walks, and public transportation loading places from general vehicular circulation facilities.

5) Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.

6) Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings.

7) The location and design of pedestrian walks should emphasize desirable views of new and existing development in the area.

8) The maximum separation of private automobiles and service and emergency vehicles shall be provided through the use of separate service lanes, where possible.

9) Materials and design of paving, light fixtures, retaining walls, fences, curbs, benches, etc., shall be in compliance with the Village of South Holland, of good appearance easily maintained and indicative of their function.

G. Subdivision Requirements

1) Because each Commercial and Industrial Planned Unit Development proposal is unique, specifications for (1) the width and surfacing of vehicular ways or street substitutes, (2) lighting standards, (3) storm water drainage, (4) water supply and distribution, (5) sanitary sewers and sewage collection and treatment, shall be subject to modifications from the provisions of the subdivision regulations, and have a valid permit from the Metropolitan Water Reclamation District of Greater Chicago. The Planning and Development Commission may recommend waiver or modification within the limits specified in this section for other provisions for public facilities which are not considered necessary in the interest of the users of the Planned Development, the rest of the community and the public.

2) There shall be adequate design of grades, paving, gutters, drainage and treatment of turf, to handle storm waters, prevent erosion and formation of dust.

3) Signs and lighting devices shall be properly arranged, and approved.

H. Coordination with Subdivision Regulations

1) In order to facilitate the procedure for the approval of a proposed plan review, required under this section of the Zoning Ordinance, it may be carried out simultaneously with the review under the Subdivision Ordinance.

2) The Plan required in Section 3 of Appendix B. Procedure, may be submitted in a form that will satisfy the requirements of the Subdivision Ordinance for the preliminary and final plans required under the two ordinances.

Section 6. Procedure

A. Pre-application Conference

The applicant shall request a pre-application conference with the Building Department. The Code Enforcement Officer will coordinate the attendance of the Electrical Commissioner, The Fire Chief (or his Deputy), The Public Works Superintendent (or his Deputy), and the Village Engineer to obtain information and guidance before entering into preliminary agreements or preparing detailed plans.

B. Preliminary Development Plan

The applicant shall file a preliminary development plan with the Planning and Development Commission for review and recommendation, or, at his option, may file the final development plan. In the event that a zoning change is required, it may be filed simultaneously and in accordance with the procedures of Article VI, Section 4 of this Zoning Ordinance.

Information submitted as part of the preliminary development plan shall include at least the following:

1) Site plans showing:

a) Size and location of the proposed development in relation to the surrounding areas.

b) Existing topography of the land including significant natural features.

c) Location of present streets and proposed vehicular ways, parking facilities and pedestrian ways.

d) Location of present and proposed utilities and easements.

e) Location, bulk, height and use of present and proposed buildings.

f) Location of land devoted to common open space, indicating preservation of natural features where applicable and proposed improvements.