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HomeMy WebLinkAboutORDINANCE - 2538 - 2/25/1997 - ZONING ORDINANCE AMENDEDORDINANCE NO. 2538 AN ORDINANCE AMENDING ARTICLE B. BUSINESS DISTRICTS OF CHAPTER 7 OF THE ZONING ORDINANCE OF THE VILLAGE BY ADDING THE B-5 TOWN CENTER SHOPPING DISTRICT AS A NEW COMMERCIAL DISTRICT IN THE VILLAGE WHEREAS, the Plan Commission of the Village of Elk Grove Village, at a public hearing, duly called and held according to law, considered the question of amending Article B. Business Districts of Chapter 7 of the Zoning Ordinance of the Village by adding thereto a new Section entitled B-5 Town Center Shopping District; and WHEREAS, the President and Board of Trustees of the Village, after having considered the deliberation and public findings of said Plan Commission, find and believe that it is in the best interest of the Village to amend the Zoning Ordinance as requested; and WHEREAS, the preparation and delivery of a written report and findings by the Plan Commission to the Board of Trustees is hereby waived as a result of the Board's involvement with the public hearing process. NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, Illinois as follows: Section 1: That Article B. Business Districts of Chapter 7 Regulations for Zoning Districts, be and the same is hereby amended by adding thereto Section 713-5, B-5 Town Center Shopping District which Section is attached hereto and incorporated into the terms of this Ordinance. Section I That this Ordinance shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 25th day of February , 1997. APPROVED this 25th day of February , 1997. Dennis J. Gallitano President ATTEST: Patricia S. Smith Village Clerk CHAPTER 7 REGULATIONS FOR ZONING DISTRICTS ARTICLE B - BUSINESS DISTRICTS Section 713-5 B-5 Town Center Shopping District 713-5-1 Description of District. This District is designed to provide an upscale retail area containing considerable private and public recreational amenities and landscaping located adjacent to a municipal complex so as to create a Town Center environment. The uses permitted shall be high quality commercial and service uses housed in architecturally en- hanced structures which shall be compatible with each other and with the Town Center environment to be created. 7B-5-2 Use Regulations. A. General Conditions: 1. All uses in the B-5 Business District shall be for retail trade or services dealing directly with the consumer. All goods produced or processed on the premises will be sold, at retail, on the premises where produced or processed. 2. All uses shall meet I-1 Industrial District performance standards, as set forth in this Code. B. Permitted Uses: The following uses and none other are permitted except for those uses designated as conditional uses hereinafter set forth and accessory uses as per- mitted in Section 3-3 of this Zoning Ordinance: Arts and supply shops. Bakery. Banks except drive-thru facilities. Barber and beauty shops. Books and stationery stores. Camera and photo supply stores. Clothing or apparel stores. Coffee shops. Drugstores. Dry cleaning and laundry receiving stations. Dry goods and variety stores. Florist shops. Food stores. Furniture and home furnishings (under 15,000 square feet). Gift shops. Hardware, decorating shops and paint and wallpaper shops. Hobby and pet shops Interior decorating shops. Jewelry shops. Medical and dental clinics. Music stores. Professional and business offices. Restaurants, excluding "drive-thru and drive-in" restaurants. Shoe repair and tailor shops. Sporting goods stores. Toy stores. U.S. Postal Service Branch Office. Video stores. C. Conditional Uses: 1. Conditional Uses Permitted: The following Conditional Uses are permitted: a. Automobile related retail and service facilities. b. Drive-thru facilities. c. Indoor theater. d. Antenna, satellite dish, transmission structures, communication structures. 2. Prerequisites for Conditional Uses: Applications for a B-5 Conditional Use shall be submitted to the Director of Engineering and Community Development.. Copies of the application shall be submitted by the Director to the Police, Fire and Health Departments and to the Village Manager. The Departments shall review and consider whether the proposed Conditional Use is consistent with the criteria set forth in Section 713-5-1. of this Article in addition to the following considera- tions: a. Aesthetics. b. Parking; traffic generation, automobile and truck; vehicle stacking. c. Compatibility with neighboring uses. d. Ingress and egress. e. Landscaping and/or screening requirements. Based on the review by the various Departments, a recommendation shall be made to the President and Board of Trustees concerning the issuance of a Condi- tional Use Permit. Final approval for such Conditional Use shall be made by the President and Board of Trustees. Said Conditional Use Permit may supersede or provide a variation to the stacking or parking provisions of this Ordinance. 7B-5-3 Site and Structure Requirements: A. A minimum area: No property shall be zoned B-5 Town Center Shopping unless the property to be zoned consists of ten (10) or more acres, or if the property abuts other B-5 zoned property. B. Yard requirements: No building shall be placed within twenty-five (25) feet of any street or highway in the B-5 District. No other yard requirement shall apply to the location of building and structures in said District unless it adjoins a single family residential district, in which event, no structure shall be placed within fifty (50) feet of the boundary of any such single family residential district. C. Parking: Five (5) parking spaces shall be required per 1,000 square feet of gross floor area and except as modified herein shall be in conformance with the provi- sions of Chapter 4 of this Ordinance. Parking spaces shall be not less than 9 feet by 19 feet except where the parking abuts continuous curbing, in which case the curb offset area may be landscaped and exempt from paving. D. Bulk requirements: Maximum Height of Buildings/Structures (ft.) - 50 feet Maximum Ground Coverage - 20% Minimum Lot Area (sq. ft.) - 10 acres Maximum Floor Area Ratio - 0.2 Minimum Lot Width at Front Yard Line (ft.) - 150 feet* Minimum Required Front Yard (ft.) - 25 Minimum Required For Each Side Yard (ft.) - 0 or 50* Minimum Required Rear Yard (ft.) - 0 or 50** *unless property is included in a Reciprocal Easement Agreement with adjacent B-5 zoned property and the Agreement includes ingress and egress provisions thereby negating the requirement for a Minimum Lot Width **50 feet when adjacent to single family residential 7B-5-4 Fence and landscaping requirements and restrictions: A. Fences: No fences shall be erected in excess of six feet above ground level along the boundary line of lot or within required open space areas, and no fence shall be constructed in any front yard or ahead of the building set back line except as otherwise permitted by the Zoning Ordinance. An eight foot fence may be per- mitted to screen abutting Residential Zoned Districts. B. Landscaping: All landscaping shall be in conformance with an approved land- scaping plan, which plan must be submitted and approved by the President and Board of Trustees prior to the issuance of any building permit for structures to be located on the property. The landscaping requirements and plan shall take into consideration the upscaled naure of the B-5 zoned district and the Town Center environment created therein. If the required number of parkway trees cannot be located in the designated parkway areas, the owner shall satisfy this requirement by placing said trees within or immediately adjacent to the owner's property. No shrubbery, hedging or planting shall interfere with clear vision pursuant to Section 3-6A of this Zoning Ordinance. 713-5-5 Loading Requirements: In lieu of the offstreet loading space requirements set forth in Section 4-4-1 of this Zoning Ordinance, offstreet loading spaces shall be provided in designated locations throughout the entire area as approved by the Di- rector of Engineering and Community Development. The Director shall base any such approval in part on the offstreet loading space requirements of Section 4-4-1 of this Ordinance, screening requirements for offstreet loading, and such other considerations which are in conjunction with the intent of this District to create an upscale Town Center environment. 713-5-6 Preliminary and Final Site Plan Approval: Applications for rezoning to the B-5 Town Center Shopping District shall include a Preliminary Site Plan, which Plan shall set forth the anticipated location of all structures to be constructed on the subject property. The Preliminary Plan shall also include ingress and egress to and from the subject property, traffic regulation including driveway and parking location, and such other information necessary to show compliance with the pro- visions of this District. Prior to the issuance of a building permit for the property as rezoned to the B-5 Town Center Shopping District, a Final Site Plan shall be submitted to the Village. The Final Site Plan shall conform substantially to the Preliminary Plan. The Final Site Plan shall be reviewed by the Plan Commission and the Village Board at a joint meeting and thereafter shall be formally approved by the President and Board of Trustees. In approving the Final Site Plan, the Pre- sident and Board of Trustees may require such special conditions is it deems ne- cessary to ensure comformance with the intent and the stated purpose of the B-5 Town Center Shopping District. 713-5-7 Outdoor Uses: The President and Board of Trustees may, by permit, allow a B-5 use to extend to and be located outside the premises, provided the proposed out- side location is immediately adjacent to the building in which the B-5 use is housed. Depending on the nature of the outdoor use, the permit may be temporary or permanent in nature. In determining whether to issue any such permit, the Pre- sident and Board of Trustees shall consider certain factors, including, but not li- mited to, the following: a. Aesthetics. b. Compatability with neighboring uses. c. The need or benefit derived from the outdoor use. 0 d. The impact on the shopping center as a whole and the Town Center concept es- tablished by the B-5 District. e. The length of time the permit is being requested and the specific hours of oper- ation. The outdoor use shall cease upon the expiration of the date set forth on the permit or at such earlier date if the outdoor use is negatively impacting neighboring uses, the shopping center as a whole, or has changed in nature to the extent that it no longer meets the approved criteria set forth above. In such event, the Village shall notify, in writing, the user of the decision to terminate or revoke the outdoor use permit. The user may appeal, in a timely manner, such decision to the President and Board of Trustees. The decision of the President and Board of Trustees with respect to any such appeal shall be deemed final. 713-5-8 Signage: All signs identifying the B-5 Shopping Center, any businesses located in the shopping center, or such other informational or directional signage, whether permanent or temporary, shall require a permit. Any individual, firm or corpora- tion requesting a sign permit shall submit an application therefor to the Director of Engineering and Community Development. The application shall include a sign location plan setting forth the number of signs requested, the size of each sign and the proposed location of all monument or free-standing identification signs. If ap- plicable, the applicant shall include a request for any wall signs, projecting signs, canopy or marque signs or such other incidential signs which may be requested. Upon a review of the application and the subject property, the Director of Engi- neering and Community Development shall forward a recommendation to the Pre- sident and Board of Trustees for their review and approval. Criteria for the appro- val of any application for a sign permit and sign plan may, by ordinance, be set forth in Chapter 4 of Title 8 of the Village Code or, in the alternative, may be es- tablished on a case by case basis in the review process set forth herein. 61