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HomeMy WebLinkAboutORDINANCE - 842 - 12/19/1972 - ZONING ORDINANCE ADOPTEDr - Q ZONING ORDINANCE NO. 842 DECEMBER 19, 1972 VILLAGE OF ELK GROVE VILLAGE Cook and DuPage Counties, Illinois VILLAGE OF ELK GROVE VILLAGE ZONING ORDINANCE 'Table of Contents December 19, 1972 Article Section Subject Page Article 1 Title and Purpose 1.1 Title . . . . . . . . . . . . . . . . . . . . . . . 1 1.2 Purpose . . . . . . . . . . . . . . . . . . . . . . 1 Article 2 Establishment and Interpretation of Zoning Districts 2.1 Use Districts . . . . . . . . . . . . . . . . . . . 2 2.2 Zoning Map . . . . . . . . . . . . . . . . . . . . . 3 2.3 Interpretation of District Boundaries . . . . . . . 3 2.4 Areas Annexed to the Village. . . . . . . . . . . . 3 2.5 Rules of Interpretation . . . . . . . . . . . . . . 4 2.6 Application of Regulations. . . . . . . . . . . 4 Article 3 General Regulations: Special Use; Structures; Lots; Yards; Flood; Parking; Loading 3.1 Application of Regulations . . . . . . . . . . . . . 4 3.2 General Regulations . . . . . . . . . . . . . . . . 4 3.3 Special Use Regulations . . . . . . . . . . . . . . 5 3.4 General Regulations for Structures and Uses . . . . 6 3.5 General Regulations for Lots and Yards. . . . . . . 6 3.6 Flood Plain Regulations . . . . . . . . . . . 9 3.7 Regulations Relating.to Chicago -O'Hare International Airport . . . . . . . . . . . . . . 9 3.8 Uses Permitted in all Districts . . .. . . . . . . 9 3.9 Off -Street Parking and Loading Regulations. . . . . 10 Article 4 General Regulations for Planned Development 4.1 Purpose . . . . . . . . . . . . . . . . . . . . . . 20 4.2 Procedure . . . . . . . ... . . . . . . . . . . . . 20 4.3 Location . . . . . . . . . . . . . . . . . . . . . . 24 4.4 Specific Content . . . . . . . . . . . . . . . . . . 24 4.5 Findings . . . . . . . . . . . . . . . . . . . . . . 26 Article 5 Zoning Districts 5.1 Dimensions, Bulk and Area Regulations for All Zoning Districts. . . . . . . . . . . . . . . 26 5.2 Residence Districts: Permitted, Prohibited and Special Uses (R-1; R-2; R-3; R-4 PD and A-1; A-2). . . . . . . 29 5.3 Requirements in Residence Districts (R-1; R-2; R-3; R-4 PD and A-1; A-2). . . . . . . 30 5.4 B-1 Business District: Shopping Center . . . . . . 33 5.5 B-2 General Business District . . . . . . . . . . . 36 5.6 B-3 Automotive Oriented Business District . . . . . 38 Article Section Subject Page Article 5 Zoning Districts (Continued) 5.7 0 & T Office -Transitional District. . . . . . . . . 40 5.8 I-1 and I-2 Industrial Districts. . . . . . . . . . 42 5.9 Performance Standards in Industrial Areas . . . . . 47 Article 6 Board of Appeals 6.1 Creation and Membership . . . . . . . . . . . . . . 57 6.2 Meetings . . . . . . . . . . . . . . . . . . . . . . 58 6.3 Appeal . . . . . . . . . . . . . . . . . . . . . . . 58 6.4 Fee . . . . . . . . . . . . . . . . . . . . . . . . 58 6.5 Decisions . . . . . . . . . . . . . . . . . . . . . 58 6.6 Variations . . . . . . . . . . . . . . . . . . . . . 59 6.7 Vote Required . . . . . . . . . . . . . . . . . . . •60 Article 7 Enforcement 7.1 Enforcement . . . . . . . . . . . . . . . . . . . . 60 Article 8 Amendments 8.1 Amendment of Regulations and Districts. . . . . . . 60 8.2 Fees . . . . . . . . . . . . . . . . . . . . . . . . 61 Article 9 Definitions 9.1 Interpretation . . . . . . . . . . . . . . . . . . . 61 Article 10 Separability . . . . . . . . . . . . . . . . . . . . . . . . . 71 Article 11 Comprehensive Amendment to Elk Grove Village Zoning Ordinance. . . 71 Article 12 Violation and Penalty 12.1 Penalty . . . . . ." . . . . . . . . . . . . . . . . 71 12.2 Additional Remedies . . . . . . . . . . . . . . . . 72 Article 13 Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . 72 ""7 ORDINANCE NO. AN ORDINANCE KNOWN AS THE COMPREHENSIVE AMENDMENT TO THE ZONING ORDINANCE OF ELK GROVE VILLAGE OF 1972 BE IT ORDAINED by the President and Board of Trustees of the Village of Elk Grove Village, in the Counties of Cook and DuPage, State of Illinois: That Ordinance No. 20 passed and approved by the President and Board of Trustees of the Village of Elk Grove Village entitled "Zoning Ordinance, Elk Grove Village", and as said ordinance has subsequently been amended, is herewith comprehensively amended to read as follows: ARTICLE I 1.1 TITLE. This ordinance is herein entitled, "Elk Grove Village Zoning Ordinance". 1.2 PURPOSE. The purpose of this zoning ordinance is to insure that adequate light, clean air, and safety from fire and other dangers may be secured, that the taxable value of land and buildings throughout the municipality may be conserved, that congestion in the public streets may be lessened or avoided, that the hazards to persons and damage to property resulting from accumulation or runoff of storm or flood waters may be lessened or avoided, that the public health, safety, comfort, morals and welfare may otherwise be promoted. To accomplish the foregoing, this ordinance seeks to: 1.21 Divide the Village into zones or districts, restricting and regulating the location, erection and construction, reconstruction, alteration and use of buildings, structures, and land for residence, business, office and industrial uses as well as other special and specified uses and regulates the intensity of the use of lot areas so as to determine open space surrounding buildings, thereby providing adequate light and air to protect public health. 1.22 Establish building lines and the location of buildings de- signed for residential, business, office, industrial or other uses within defined areas. - 1 - 1.23 Fix reasonable standards to which buildings or struc- tures shall conform. 1.24 Prohibit uses, buildings, or structures incompatible with the character of development or intended use with- in specified zoning districts. 1.25 Prevent additions to, alterations or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed here- under. 1.26 Limit congestion of the public street, protect the public health, safety, convenience and general welfare. Provide off-street parking of motor vehicles and the loading of commercial vehicles. Protect against fire, explosion, noxious fumes, noise, and odors and other hazards in the interests of public health, safety, comfort and general welfare. 1.27 Prevent overcrowding of the land due to the concentration of structures, and insofar as possible, appropriates in each district by regulating the use and bulk of buildings in relation to the land surrounding them. 1.28 Provide for the gradual elimination of non -conforming uses of land, buildings and structures which are ad- versely affecting the character and value of desirable development within the district. ARTICLE 2 ESTABLISHMENT AND INTERPRETATION OF ZONING DISTRICTS 2.1 USE DISTRICTS. Elk Grove Village is divided into the following zoning districts: R-1. Single family residence district. R-2. Single family residence district. R-3. Single family residence district. R-4. Residence district. (Planned development permitted as a special use.) A-1. Multiple family residence district. (Planned development permitted as a special use.) A-2. Multiple family residence district. (Planned development permitted as a special use.) B-1. Business district: Shopping Center B-2. Business district: General Business B-3. Business district: Automotive Oriented - 2 - 0-T. Office Transitional District. I-1. Restricted industrial district. I-2. General industrial district. NOTE: Planned developments may be established within the R-4, A-1 and A-2 districts by special use procedures described in Article 4. 2.2 ZONING MAP. The boundaries of the districts are shown upon a map which is attached hereto/HdE Wart of this ord- inance, which map is designated as the "Zoning Map". The Zoning Map and all notations, references and other information shown thereon were all fully set forth and described herein, the original of which Zoning Map is on file with the Village Clerk. Copies shall be available to the public and annually up -dated as provided by law. 2.3 INTERPRETATION OF DISTRICT BOUNDARIES. The following rules shall be used to interpret the exact locations of the district boundaries shown on the Zoning Map. 2.31 Where a dis district. st 2.32 Where a district boundary generally follows a lot or pro- perty line, that property line is the boundary of the district. 2.33 Where a district boundary does not clearly follow any of the features mentioned above, its exact location on the ground shall be determined by measurement accor- ding to the map scale. 2.34 In any case where the exact location of a boundary is not clear, the Zoning Board of Appeals shall use the foregoing rules to determine the exact location. 2.4 AREAS ANNEXED TO THE VILLAGE. Any area annexed to Elk Grove Village shall be classified in accordance with the Zoning District as- cribed to it on the official map of the Village, which official map and all notations, references and other information shown thereon are made a part of this ordinance and shall have the same force and effect as if said map and all notational references and other in- formation shown thereon were all fully set forth and described here- in, the original of which official map is on file with the Village Clerk. In the event owners of property sought to be annexed desire a zoning classification other than ascribed to the property by the official map, a petition may be submitted for the zoning classi- fication desired. The Board of Trustees, in the event it is deemed - 3 - desirable, may refer said petition to the Plan Commission for hearing and recommendation. Action on the petition for annex- ation shall be deferred until action is taken by the Board of Trustees, upon the recommendation of the Plan Commission as to the Zoning sought. 2.5 RULES OF INTERPRETATION. 2.51 Words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural, the singular. 2.52 The word "shall" is mandatory and not discretionary. 2.53 The word "may" is permissive. 2.54 The word "lot" shall include the words "plot", "piece" and "parcel"; the word "building" includes all struc- tures of every kind regardless of similarity to buildings; and the -phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", "main- tained for", and "occupied for". 2.55 Whenever a word or term defined hereinafter appears in the text of this code, its meaning shall be construed as set forth in the definition thereof. 2.6 APPLICATION OF REGULATIONS. All existing and proposed structures and uses of premises within Elk Grove Village shall conform with all regulations of the Zoning Ordinance. Each zoning district is established to allow only those uses specifically permitted. No building permit or other permit or license shall be issued by any Village department which would allow a use in violation with the provision of this ordinance. ARTICLE 3 GENERAL REGULATIONS 3.1 APPLICATION OF REGULATIONS. All structures and uses of premises within Elk Grove Village shall conform to all Zoning regulations of the Village herein contained. Each zoning district is estab- lished to allow only those uses specified as being permitted unless specifically otherwise provided. 3.2 GENERAL REGULATIONS. 3.21 COMPREHENSIVE PLAN. The Comprehensive Plan shall provide a guide in the approval of all development under this Zoning Ordinance and the Subdivision Control Ordinance. — 4 — 3.22 SUBDIVISION CONTROL ORDINANCE. In all cases where land is divided for the purpose of development or where planned development is proposed, the platting provisions of the Elk Grove Village Subdivision Control Ordinance, as applicable, shall apply in addition to the provisions hereof. 3.3 SPECIAL USE REGULATIONS. 3.31 PROCEDURE. In applying for a special use zoning permit, the applicant shall file his application -with the Build- ing Department which in turn shall refer same to the Plan Commission, and the Plan Commission shall hold a public hearing on the application, giving the legal required no- tice. After said hearing, the Plan Commission shall make a report and recommendation to the Board of Trustees setting forth all facts and conclusions upon which the recommepdation is based. The Plan Commission shall re- commend special conditions to insure compliance with the intent of the comprehensive plan. The President and the Board of Trustees in issuing the special use may attach such special conditions as it deems necessary to insure compliance with the intent of the Zoning Ordinance and the Comprehensive Plan. 3.32 SPECIAL USES IN ALL DISTRICTS. The following special uses may be permitted in all zoning districts, public utility and service uses, electric substations, gas reg- ulator stations,.telephone transmission equipment struc- tures, radio. TV and microwave relay towers in excess_ of 35 feet as measured from ground level, reservoirs or pumping stations, governmental buildings and other special uses as permitted in the various zoning districts. - 5 - 3.4 GENERAL REGULATIONS FOR STRUCTURES AND USES. 3.41 NONCONFORMING STRUCTURES. Nonconforming structures may remain in use subject to the following regulations: A. ALTERATIONS. A nonconforming structure shall not be enlarged, replaced or structurally altered. A nonconforming structure accidentally damaged may be restored unless the damage exceeds fifty per cent (50%) of its replacement value in which case it must thereafter conform to the Zoning Ordinance. The Building Commissioner shall determine the amount of damage. B. CONSTRUCTION APPROVED PRIOR TO ADOPTION OR AMENDMENT OF THE ZONING ORDINANCE. Proposed structures for which building permits have been issued prior to their designation as nonconforming by adoption or amendment of the Zoning Ordinance may be completed and used as originally intended subject to the nonconforming provisions of this ordinance. 3.42 NONCONFORMING USES. Nonconforming uses may be con- tinued subject to the following regulations. A. EXTENSIONS. A nonconforming use shall not be extended or moved to occupy any portion of the premises, either land or structure, which was not originally occupied by the nonconforming use, nor shall it be increased in intensity. B. DISCONTINUANCE. Whenever a nonconforming use of any premises has been discontinued for a period of twelve (12) months, it may not be re-established. C. CHANGES. A nonconforming use shall not be changed to another or different nonconforming use. 3.43 REGULATION OF PRINCIPAL BUILDINGS. Unless part of a' planned -development project, only one principal building and permitted accessory structure may be erected on any lot of record on any conforming lot. Temporary struc- tures are permitted during and for construction purposes only. 3.5 GENERAL.BEGULATIONS FOR LOTS AND YARDS. 3.51 OBSTRUCTION TO VISION AT STREET INTERSECTION. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the trianglar area formed by the street property lines and a line connecting them at point 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight -line limitations shall apply - 6 - on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distances of such intersection unless the foliage line is maintained at sufficient height to prevent obstruction of such sight line. 3.52 FRONT YARD REGULATIONS FOR CORNER AND DOUBLE FRONTAGE LOTS. Corner lots and double frontage lots shall, on both of the adjacent streets, meet the front yard regulations of the district in which they are located. 3.53 APPLICATION OF YARDS TO ONE BUILDING ONLY. No part of a yard requirement for any building may be included as fulfilling the yard requirements for an adjacent building. 3.54 USES OF YARDS FOR STRUCTURES IN ALL ZONING DISTRICTS. A. No principal structure and no attached accessory structure shall be located in any required front yard area, nor in the required side yard area nor in required rear yard area. B. No detached accessory structure shall be located closer than 60 feet to the front lot line, nor within the required side yard, nor occupy more than 30% of the required rear yard area providing the structure is not closer than 6 feet to the rear lot line or the side lot line unless greater restrictions are required by easements or covenants. C. No fence shall be located in front of the building set -back line nor within the required front yard area. Fences may be located along the side and rear lot lines pursuant to the Fence Regulations of the Village of Elk Grove Village. D. No swimming pool or appurtenance thereto constructed in the ground or located above ground for more than six months shall be located in any required front yard, nor within the required sideyard adjacent to a neighboring principal structure, nor within 8 feet of a side or rear lot line unless greater restric- tions are required by easements or covenants. 3.55 USE OF YARDS FOR VEHICLES. A. Residential Zoning Districts no motorized vehicles, tow -type vehicles, boats or similar devices shall be parked or stored in any Residential Zoning District: (1) in a required front yard within 25 feet of a lot line adjacent to a street except when located entirely on private property on a hard surfaced driveway approved by the Build- ing Commissioner, or - 7 - (2) in a required side or rear yard unless the vehicle or boat is located on a hard surfaced area all dimensions of which are one foot greater than the overall dimen- sions of the vehicle or boat and located not closer than six (6) feet to any structure or lot line. B. Business Zoning Districts operable motor vehicles and tow -type vehicles may be parked or stored in any Business Zoning District: (1) in a required front yard on a hard surfaced area except there shall be no parking or storage on driveways or access lanes. (2) in any required side yard or rear yard on a hard surfaced area except there shall be no parking or storage on driveways and access lanes. C. Industrial Zoning Districts operable motor vehicles and tow -type vehicles may use required yards in any Industrial Zoning District as follows: (1) for loading and unloading of vehicles in required front yard, side yard or rear yard areas on hard surfaced areas except there shall be no loading or unloading activity on driveways or access lanes which provide access to other portions of the site, pro- viding that a loading area situated in the front yard shall be at least sixty feet from the street right-of-way property line. (2) for parking or storing of vehicles in re- quired side yards or rear yards on a hard surfaced area except there shall be no parking or storing on driveways or access lanes which provide access to other portions of the site. 3.6 FLOOD PLAIN REGULATIONS. No building or structure or use shall be made of any property in a flood plain except as provided by Ordinance No. 503, which Ordinance is hereby incorporated by reference and made a part hereof as Exhibit B. 3.7 REGULATIONS RELATING TO CHICAGO-O'HARE INTERNATIONAL AIRPORT. Regulations for the Chicago -O'Hare International Airport adopted by the Department of Aeronautics, State of Illinois, on December 16, 1964, as amended to date hereof, and as authorized by Chapter 15'j, Section 48.17 of the Illinois Revised Statutes, are hereby desig- nated as Exhibit B incorporated by.reference and made a part hereof, and all regulations therein contained shall be binding on all users of land in the Village of Elk Grove Village. The Building Depart- ment prior to the issuance of any permits authorizing construction shall require such permits as are deemed necessary by said regu- lations. In case of conflict between this Ordinance and the regu- lations as to the Chicago -O'Hare International Airport referred to above, the more restrictive shall apply. 3.8 USES PERMITTED IN ALL DISTRICTS. The following uses are permitted in all districts. 3.81 Public utilities as shown on approved subdivision or zoning plats. 3.82 Public streets and all official governmental signs necessary for traffic direction and safety. 3.83 Private drives, parking and loading areas for the parking of vehicles incidental to the principal use on the same premises. 3.84 Real estate signs in conformance with Sign Ordinance No. 388 and amendments thereto, which Ordinance is hereby attached hereto as Exhibit C and are made part hereof by reference. 3.85 Fences and landscaping subject to the following regulations: A. No fences shall be erected in excess of six (6) feet above ground level along the boundary line of a lot or within required open space areas and no fence shall be constructed in any front yard or ahead of the building setback line. B. Fences (constructed so as to prevent unauthorized ingress) shall be required around swimming pools in accordance with Ordinance No. 758 attached hereto as Exhibit D. C. No shrubbery, hedging or planting which interferes with clear vision per Section 3.51 hereof. D. Prohibited fences: Barbed wire and electrically charged wire except that barbed wire may be used on the top of permitted fences in the industrial districts and on top Of permitted fences around public utility facilities. E. All fences heretofore lawfully constructed and not in conformity herewith shall be deemed nonconforming uses and may exist but may not be reconstructed, altered, or extended. 3.9 OFF-STREET PARKING AND LOADING REGULATIONS. 3.91 The provision of this section relating to off-street parking and loading shall apply in all zoning districts. It is under- stood that the owner and user of property is required to pro- vide sufficient off-street parking for his employees, customers, guests and other uses and that public streets are not primarily designed for such uses, but rather for the orderly movement of vehicles and pedestrians. 3.92 The duty to provide and maintain off-street parking shall be the joint responsibility of the operator and owner of the use and land on which the structure is located. All off-street parking shall be maintained as hereinafter required: - 10 - A. All parking and loading spaces for all uses may be provided in garages or in parking areas conform- ing with the provisions of this Ordinance. B. No vehicle, conveyance or any object obstructing a clear view shall be parked in any residential area within twenty-five feet of any street right-of-way. except upon the regularly constructed driveway. 3.93 Off-street parking shall be provided on the same lot as the use for which it is provided except as provided herein: A. Special Location Plan. Pursuant to procedure set forth, either part or all of the off-street parking may be located off the lot of use in business, office and industrial districts. Also, two or more uses may share the same off-street parking space subject to the following limitations: (1) Separation from Use. Off-street parking shall be located as specified and where a distance is speci- fied it shall be measured from the nearest point of the parking facility for which the parking is pro- vided. (2) In all residential districts, parking facilities shall be located on the same lot with the building it is to serve. (3) In all business and office districts, parking facilities shall be located within 200 feet of the building it is to serve. Further, no portion of parking facilities shall be separated by public street. (4) In all industrial districts, private parking facilities may be located on a lot in an industrial district which is not the location of the principal industrial use. B. Sharing of Space. No use shall be considered as individu - ally providing off-street parking space which is shared with one or more other user unless the schedule of operations of such uses does not conflict for the same space and there is sufficient space for both users. C. Application. All applications for a special plan here- under shall be filed by the owners of the entire land area to be included within the special plan with the Build- ing Department. Applications so filed shall be referred to the Plan Commission for review.. The applicants shall show sufficient evidence to the satisfaction of the Plan Commission that the applicants are owners of the land and that the plan will provide adequate parking for all users: (1) All applications shall be reviewed by the Plan Commission and the Plan Commission shall establish conditions and limitations as needed for the parking plan. (2) Approval of special parking plans shall be by the - 11 - President and Board of Trustees. (3) Upon approval of a "special location plan", a copy of such plan shall be filed with the Village Clerk for recording. (4) All special plans recorded hereunder shall be binding upon the applicants for such special plans, their successors and assigns, shall limit and control the issuance and validity of all permits, and shall restrict and limit the use and operation of all land and structures included within such special plans to all conditions and limitations specified in such plans and the approvals thereof. (5) All special plans recorded hereunder may be amended pursuant to the limitations and requirements by which such plans were approved, registered and recorded. (6) Upon application to the Plan Commission by the owners of the entire land area included within any special plan, the owner or owners of any structures then existing thereon desiring to withdraw either partially or completely from the plan as recorded may do so providing they have provided for parking as required by the Ordinance and that the remain- ing land under the plan complies with all Ordinances of the Village. 3.94 DESIGN, DEVELOPMENT AND MAINTENANCE. Every parcel of land hereafter used as a public or private parking area, includ- ing a commercial parking lot and also an automobile or trailer sales lot, and vehicle and equipment storage areas, shall be designed, developed and maintained in accordance with the following requirements: A. Shall not be used for the sale, repair, dismantling or servicing of any vehicles, equipment, materials or supplies, except when such use is a permitted principal or conditional use. B. All parking areas shall be paved with asphalt or concrete paving and so constructed that surface drainage water emanating from same shall not f] -ow into nearby streets and public rights of way. The Building Department shall not issue a certificate of occupancy to any premises unless provision is made for the foregoing. C. All vehicle and equipment storage areas shall be graded for proper drainage and provided with an all-weather surfacing maintained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. - 12 - D. Off-street parking areas in other than residential areas for more than four (4) vehicles, that adjoin or are across the street from property zoned for any residential use, shall have a dense evergreen planting, fence, masonry wall, and/or such other screening as may be determined by the Plan Commission. E. Shall be provided with entrances and exits as required by the Ordinance of the Village. F., Shall be provided with wheel guards so located to prevent parked vehicles from extending beyond the parking space. G. Lighting. All portions of any parking area or. driving lanes shall be illuminated by at least one-half foot candle of light, provided, however, that no light shall be reflected on adjaceni residential or institutional property in excess of one foot candle at the property line of said properties. All lights shall be extinguished no later than thirty minutes after the close of business being served by same, except for night lighting, decorative lighting, or protective security lighting. No lighting shall be so placed so as to hamper the vision of motorists using the parking area or streets. H. May have not more than one attendant shelter building conforming to all setback requirements for structures in the district in which it is located. I. Each off-street parking space shall have an area of not less than two hundred (200) square feet exclusive of access drives or aisles, and shall be of useable shape and conditions. 3.95 UNITS OF MEASUREMENT. For purposes of this section, the following units of measurement shall apply: A. Floor Area. In the case of offices, merchandising or service types of uses, "Floor Area" shall mean the floor area designed for tenant or owner occupancy and exclusive use, including basements, mezzanines, and upper floors, if any, expressed in square feet measured from the center lines of common partitions and exteriors of outside walls. It shall not include areas used principally for utilities and space incidental to the management or maintenance of the building. B. Gross Floor Area. Gross floor area is the sum total of the area of all floors within a structure as measured from the center line of common partitions and the ex- teriors of outside walls. C. Dwelling Unit. A dwelling unit shall mean one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having at least one (1) kitchen or kitchenette. - 13 - D. Seat or -Bench. A seat shall be the space intended for one individual; in places where patrons or spectators occupy benches, pews, or other seating facilities, each eighteen (18) inches of such seating facilities shall be counted as one (1) seat. E. Employees. Employees shall be based on the maximum number of persons on duty or residing, or both, on the premises at any one time. F. Fractions. When units of measurement result in the requirement of a fractional space, any fraction shall require one (1) parking space. 3.96 SPACE REQUIRED. At least the following numbers of usable off-street parking spaces shall be provided; also adequate provision for ingress, egress and maneuvering shall be provided. A. Residential Uses. (Minimum Requirements) (1) Single Family Dwellings. Two (2) parking spaces shall be provided. (2) Multi -family Dwellings. Two (2) parking spaces shall be provided for every dwelling unit. (3) Hotels, Motels, Inns and Auto Courts. One (1) parking space shall be provided for each sleeping room or suite, plus one (1) additional space for each employee on duty at any one time. In addition, there shall be provided the parking space necessary for restaurant, if such is an integral part, and one-half of the parking space requirement for assembly rooms if such are provided and are an integral part thereof. B. Business Uses. (Minimum Requirements) (Also see Section 5.45 parking in B-1 Business Zone.) (1) Automobile Laundry. (Car Wash) Stacking spaces shall be provided to accommodate waiting automo- biles in a number sufficient to avoid the use of public streets by any vehicle waiting for service, plus one (1) parking space for each two (2) employees. - 14 - (2) Automobile•Seryice-Stations. One (1) parking space shall be provided for each pump (space at pump shall not be computed) plus one parking space for each employee on duty at any time, plus an additional three (3) spaces for each service stall. (3) Banks. One (1) parking space shall be provided for each two hundred (200) square feet of floor area. Drive-in establishments shall provide six (6) stacking spaces per teller or customer ser- vice window. (4) Barber Shop. Two (2) parking spaces shall be provided for each barber chair plus one (1) per each employee. (5) Beauty Parlor. One (1) parking space shall be provided for each one hundred fifty (150) square feet of floor area plus one for each employee. (6) Bowling Alleys. Four (4) parking spaces shall be provided for each alley, plus such additional parking spaces as may be required herein for affiliated users - bars, restaurants, and the like plus one for each employee. (7) Furniture and Appliance Stores, Household Equip- ment or Furniture Repair Shops. One (1) parking space shall be provided for each six hundred (600) square feet of floor area plus one for each employee. (8) Motor Vehicle Sales and Machinery Sales. One (1) parking space shall be provided for each eight hun- dred (800) square feet of floor area. (9) Restaurants or Establishments Dispensing Food and/or Beverages for Consumption on the Premises (not in- cluding drive-in Establishments.) One (1) parking space for each 100 square feet of floor area or one space for each three (3) customer seats whichever is the greater number; plus one (1) space for each two employees. (10) Restaurants (Carry -Out). One parking space shall be provided for each 50 square feet of floor area plus one space for each two employees, but in no event less than 15 narking cnnc<q. - 15 - (11) Restaurants (Drive-in) and/or Refreshment Stand (where food is consumed in a vehicle). One parking space shall be provided for each twenty (20) square feet of floor area, plus one space for each two employees, but not less than 20 spaces. (12) Other Retail Stores. One (1)parking space shall be provided for each one hundred eighty (180) square feet of floor area plus one (1) space for each two (2) employees. (13) Theaters (Indoor). One (1) parking space shall be provided for each four (4) seats up to four hundred (400) seats, plus one (1) for each six (6) seats over four hundred (400) seats. (14) Undertaking Establishments, Funeral Parlors. One (1) parking space for each seventy-five (75) square feet of floor area plus twenty (20) stacking spaces. (15) Tennis Courts. Six (6) parking spaces shall be provided for each tennis court, plus one space for each employee, plus the number of spaces required for affiliated uses, i.e. bars, restaurants and the like. C. Office Uses. (Minimum Requirements) (1) Business or Professional Offices. One (1) park- ing space shall be provided for each two hundred (200) square feet of floor area. (2) Medical or Dental Clinics. One (1) parking space shall be provided for each one hundred and fifty (150) square feet of floor area of building plus one (1) space for each person, employee and pro- fessional or technical staff member on duty at any one time. D. Industrial Uses. (Minimum Requirements) (1) Industrial Uses or any Establishment Engaged in Production, Assembly, Processing, Cleaning, Servic- ing, Testing or Repair of Materials, Goods or Products. One (1) parking space shall be provided for each two (2) employees, plus one (1) parking space for each vehicle used in the conduct of the enterprise. (2) Truck Terminals. One (1) parking space shall be provided for each two (2) employees, plus one (1) for each truck originating from said terminal. - 16 - (3) Warehouses and Storage Buildings. One (1) parking space shall be provided for each two (2) employees, plus one (1) space for each vehicle used in the conduct of the enterprise. (4) Wholesale Establishments (but not including Warehouses and Storage Buildings other than Accessory) One (1) parking space shall be provided for each six hundred (600) square feet of gross floor area in excess of four thousand (4,000) gross square feet, but not less than a number of spaces equal to one space for each two employees plus one space for each vehicle used in the conduct of the business. (5) Industrial Retail Commercial and Non -Retail Commercial Areas. Parking spaces shall be provided pursuant to "Other Retail Stores" under 3.96 B (12). E. Private School. Institutions and Places (1) Auditoriums, Gymnasiums, Convention Halls and all places of assembly. One (1) parking space shall be provided for each five (5) seats or parking spaces equal to one-fifth (1/5) the capacity of the facility in persons. (2) Churches. One (1) parking space shall be provided for each four (4) seats in the main auditorium. (3) Colleges, Universities, Trade Schools. One (1) parking space shall be provided for each two (2) students (based on the maximum number of students that the facility is designed to handle at any one time), plus one (1) for each two (2) employees. (4) Elementary School and Junior High School. Two (2) parking spaces shall be provided for each class- room. However, if a place of assembly is provided in the school and the parking spaces provided for the place of assembly in excess of the requirement for the classrooms, the classroom requirement need not be provided. (5) High School. One (1) parking space shall be provided for each eight (8) students (based on the maximum of students that the facility is designed to handle at any one time), plus one (1) for each two (2) employees. - 17 - (6) Hospitals. One (1) parking space shall be provided for each two (2) beds plus one (1) space for each two (2) medical staff mimbers plus one (1) space for each two (2) persons working in the hospital at any one time. (7) Nursery School. Five (5) parking spaces shall be provided, plus one (1) parking space for each employee on duty at any one time, plus one (1) stacking space for each 200 square feet of floor area of building. (8) Nursing Home, Convalescent Home and similar type establishments. One (1) parking space for each three (3) beds plus an additional parking space for each two (2) employees on duty at any one time, but in no event shall the number of parking spaces be less than one (1) parking space for each 800 square feet of building area. (9) Library. One (1) parking space shall be provided for each five hundred (500) square feet of floor area. (10) Private Clubs and Lodges. Parking spaces equal to one-fourth (1/4) of the capacity of the facility in persons shall be provided. 3.97 OFF-STREET LOADING SPACE. A. SCOPE. The provisions of this section shall apply and govern in all non-residential districts. B. WHEN REQUIRED. Off-street loading space shall be required in connection with any building or part thereof, hereafter erected or altered which is to be occupied by a user requiring the receipt or distribution of materials or merchandise. C. LOCATION. Off-street loading space shall be located on the same lot as the structure for which provided. It may be located within any of the required yards pursuant to Section 3.55 of this ordinance and pro- viding no vehicle projects beyond the property line of the lot. D. DUTY TO PROVIDE. The duty to provide the off-street loading space herein required shall be the responsibility of the operator and owner of the structure or structures for which off-street loading space is required to be provided. No structure shall be designed, erected, or altered, unless the off-street loading space required is provided. 3.98 DESIGN, DEVELOPMENT AND MAINTENANCE. Every parcel of land hereafter used for off-street loading space shall be designed, developed and maintained in ac- cordance with the following requirements: A. Shall not be used for the sale, repair, disman- tling or servicing of any vehicles, equipment, materials or supplies. B. Shall be paved with asphalt or concrete and so constructed that surface drainage water emen- anating from same does not flood nearby streets or public rights of way and it shall be main- tained at all times in such a manner as to prevent the release of dust and to be free of dust, trash and debris. C. Off-street loading spaces that adjoin or are within fifty (50') feet of property zoned for any residential use, shall have a dense ever- green planting, fence, masonry wall, or such other screening, as may be determined by the Plan Commission. The Plan Commission shall also determine the height, location and density of screening used to provide adequate protec- tion to adjoining property. D. Shall be provided with entrances and exits in accordance with Village driveway regulations and further there shall be no parking of vehicles on driveways or access lanes which serve to provide access to any other portion of the lot or site. E. No portion of a vehicle shall project into a street or alley right-of-way while being loaded or.unloaded. F. Each off-street loading space shall be not less than twelve (12) feet in width and sixty (60) feet in length exclusive of access lanes or driveways. G. Off-street loading space may occupy all or any required yard space pursuant to Section 3.55 of this Ordinance. 3.99 AMOUNT OF SPACE REQUIRED. At least the following amounts of off-street loading space shall be provided, plus an area or means adequate for maneuvering, ingress and egress: Required Number of Square Feet of Gross Floor Area Spaces Up to 20,000 square feet 1' 20,001 to 40,000 square feet 2 40,001 to 70,000 square feet 3 70,001 to 120,000 square feet 4 120,001 to 200,000 square feet 5 For each additional 100,000 square feet 1 additional - 19 - ARTICLE 4 GENERAL REGULATIONS FOR PLANNED DEVELOPMENT 4.1 PURPOSE. The purpose of the planned development is to encour- age: 4.11 A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of other sections of this Ordinance. 4.12 Permanent preservation of common open space and recreation areas and facilities. 4.13 A pattern of development to preserve natural vegetation, topographic and geologic features. 4.14 A creative approach to the use of land and related phy- sical development that results in improved development and design and the construction of aesthetic amenities. 4.15 An efficient use of the land resulting in more economic networks of utilities and streets. 4.16 A land use which promotes the public health, safety, comfort, morals and welfare. The planned development is intended to provide for developments incorporating a single type or a variety of related uses which are planned and developed as a unit. Such development may con- sist of conventionally subdivided lots or provide for develop- ment by a land use and zoning plat in keeping with the purpose of the plan. 4.2 PROCEDURE. A planned development shall be granted as a special use in accord with the following procedures. Applications shall be made on forms provided by the Village and shall be accompanied by the required plats and documents. The application at each step shall be reviewed and certified by the Plan Commission as being in accordance with the planned unit development requirements. 4.21 PRE -APPLICATION PROCEDURE. A. Pre -Application Conference. Prior to the filing of an application for planned development, the developer may request of the Plan Commission, through the Village Manager an informal meeting to discuss the development of their land in conjunction with the Village plan. Said meeting shall be a part of a regularly scheduled meeting, shall be open to the public, and be included on their agenda in advance of the meeting. s;fm B. The Pre -Application Conference is not mandatory and does not require formal application, fee or filing of a planned development plat. 4.22 APPROVAL OF PRELIMINARY PLAT. A preliminary plat of the planned unit development shall be submitted to the Village Manager for transmittal to the President and the Board of Trustees who shall refer same to the Plan Commission for public hearing, report, and recommendation as to whether or not the President and Board of Trustees should issue special use permit for the plan. The required procedure for approval of the preliminary plat shall be: A. Submission of the Following: (1) Written application for approval of a planned development shall be made on forms and in the manner approved by Resolution of the Village Board. (2) The application shall be accompanied by a fee which shall be established by the President and Board of Trustees. (3) A preliminary land use and zoning plat. B. The Plan Commission shall hold a public hearing on the application for a planned development, giving notice of the time and place not more than thirty (30) nor less than fifteen (15) days before the hearing by publish- ing a notice thereof at least once in a newspaper pub- lished or having general circulation within the Village. C. Copies of the preliminary planned development plat and supporting data shall be submitted to the Village Manager and Village Attorney for certification as to conformity with these regulations, recommendations and suggestions. D. Following the public hearing and review of the pre- liminary planned unit development plat and supporting data for conformity to these regulations, the Plan Commission shall. within sixty (60) days, from date of public hearing, recommend approval, modification or disapproval, and the reasons therefor, or indicate why a report cannot be rendered to the President and Board of Trustees. As a condition to the approval of the preliminary plat, the Plan Commission shall set forth in a separate communication to the President and Board of Trustees finding of fact on which they base their approval which findings shall satisfy the Zoning District requirements and as provided herein. - 21 - E. The President and Board of Trustees, after receipt of the preliminary development plat from the Plan Commission, shall approve, modify, or disapprove the preliminary plat. In the case of approval, or approval with modi- fication, the Board of Trustees shall pass an ordinance granting the special use permit and reciting necessary findings of fact, indicate their approval upon the plat, direct the recording of said documents as deemed ne- cessary with the Recorder of Deeds and arrange zoning map modifications as necessary, The Board of Trustees may require such special conditions as they deem ne- cessary to insure conformance with the intent of all comprehensive plan elements and the stated purpose of the planned development. F. Approval of a preliminary planned development plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the lay- out submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the Village and subsequent recording upon the fulfillment of the requirements of these reg- ulations and conditions of the preliminary approval, if any. The final plat shall be approved as the final land use and zoning plat if it conforms with the pre- liminary land use and zoning plat. No building permit shall be issued for any structure until the approval of the final plat. 4.23 APPROVAL OF FINAL PLAT. The final planned development plat shall conform substantially to the preliminary plat as approved, and if desired by the developer, it may be sub- mitted in stages with each stage reflecting the approved preliminary plat which is proposed to be recorded and de- veloped; provided, however, that such stages conform to all requirements of these regulations. The required procedure for approval of a final plat shall be: A. A final planned development plat and other supporting data required for approval shall be submitted to the Plan Commission through the Village Manager. The final plats must be submitted for approval in accor- dance with agreed to scheduling from date of approval of preliminary plat, but not later that two (2) years; in the event that same is not done, the Village shall ini- tiate such zoning changes as it deems necessary to pre- serve the public interest. Final plats and supporting data shall show in detail the design, location and use of all buildings and overall land development. - 22 - B. The final plat and supporting data shall be submitted to the Village Manager or his designated agent for certification that the final plat is in conformity with these regulations and in agreement with the approved preliminary plat. C. After review of the final plat. the Plan Commission shall, within thirty (30) days after submittal, recommend approval oy disapproval or approval subject to stated modifications and the reasons therefor, to the President and Board of Trustees. D. The President and Board of Trustees after receipt of the final plat from the Plan Commission shall approve or dis- approve the final plat and shall pass an ordinance auth- orizing the issuance of any and all other necessary permits. Permits are to be issued only after the final planned de- velopment plat and supporting data have been approved by the Village President and Board of Trustees. 4.24 FILING THE PRELIMINARY AND FINAL PLAT. The ordinance auth- orizing the planned development shall be effective only upon recording by the Village Clerk, unless the Ordinance shall otherwise provide, of the planned development plats and supporting data with the County Recorder of Deeds. No permit, allowing construction of a building or other de- velopment, shall take place until the approval. of the final plat. The purpose of the land use and zoning plats is to desig- nate with particularity the land subdivided into conven- tional lots as well as the division of other lands, not so subdivided, into common open areas and building sites. The preliminary plat shall generally locate buildings whereas the final plat shall show the exact location of each building site. The recording of the land use and zoning plats shall inform all who deal with the planned development of the restrictions placed upon the land and act as a zoning control device. 4.25 CHANGES IN THE PLANNED DEVELOPMENT. The planned development project shall be developed only according to the approved and recorded final plat and all supporting data. The re- corded final plat and supporting data together with all re- corded amendments shall be binding on the applicants, their successors, and assigns and shall limit and control the use of the premises and location of structures in the planned unit development project as set forth therein. A. Major Changes. Changes which increase the number of bed- rooms, the number of dwelling units containing two or more -23- bedrooms, the density, the height of buildings, reductions of proposed open space# changes in the development sche- dule, or changes in the final governing agreements, pro- visions or covenants may be approved only by submission of a new preliminary plat and supporting data and follow- ing the "preliminary approval" steps and subsequent amend- ment of the final land use and zoning plat. B. Minor Changes. The President and Board of Trustees may approve minor changes in the planned development pro- vided they do not change the concept or the intent of the development. The same may be done without going through the preliminary approval steps aforementioned. Minor changes shall be changeq not defined as major changes. 4.26 SCHEDULE. The President and Board of Trustees upon advice of the Village Manager, shall direct the Plan Commission to hold a public hearing for the purpose of re -zoning and cancelling all planned development permits if the planned development falls more than two (2) years behind schedule. Extensions in the scheduling of development may be granted by the Pres- ident and Board of Trustees by submission of evidence that there is reasonable cause for the delay and the extension sought. 4.3 LOCATION. Planned development is authorized as a special use in the following zoning districts R-4, A-1 and A-2 subject to the standards therein set forth. 4.4 SPECIFIC CONTENT. The planned development plats and supporting data shall include the following information: 4.41 PRE -APPLICATION STAGE. A. General Site Information. Data regarding site conditions, drainage, land and soil characteristics, available com- munity facilities and utilities, existing covenants, and other related information. B. Sketch Plan. A drawing in simple sketch form showing the proposed: location, elevation and the extent of the land uses, streets, lots, and other features. C. Legal Description. A property survey and description of the site proposed for development. D. Evidence of current title. 4.42 PRELIMINARY PLAT STAGE. - 24 - The preliminary land use and zoning plat shall contain the following specific information: A. An accurate legal description of the area of the planned development. B. An accurate survey of the area included in the planned development, and also a showing as to all existing or dedicated streets within one thousand (1,000) feet of the planned development. C. Delineation of all subdivided lots. D. Density, land use allocation information, and data concerning the bulk of buildings and structures as required by Village forms. E. Development and construction time schedules. F. Designation of common open space, parking lots, roads, schools, public lands, drainage courses, lake areas and recreational areas. G. The location of the various uses, number and type of dwelling units -and the location of each building. H. Height and number of stories of all structures. I. Language of regulation to insure compliance with the plan. J. The plat shall be drawn to a scale of one (1) inch to one hundred (100) feet. Said plat shall be certified true and correct and dated by a State of Illinois registered land surveyor. 4.43 FINAL LAND USE AND ZONING PLAT REQUIREMENTS. A. An accurate legal description of the area under immediate development within the planned development. B. An accurate survey of said area. C. A subdivision plat of all subdivided lots within said area of immediate development. D. Conformance with the preliminary land use and zoning plat. E. Building sites not larger than five feet in all dimensions shown on the preliminary plat shall be shown on the final plat. The actual placement or the bulk of buildings con- structed shall not violate the separation between buildings, streets, or lot lines as approved on the preliminary plat. - 25 - F. The plat shall be certified true and correct and dated by a State of Illinois registered land surveyor. G. Evidence of current title. 4.5 FINDINGS. Prior to recommending approval of any plat for planned development or the zoning of any land for said purpose, the Plan Commission shall make specific findings of fact that all standards have been met by the proposed development and shall report to the Village Board as to the following: 4.51 The physical design of the proposed plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehic- ular traffic, provide for and protect designated common open space and further the amenities of light, air, recreation and visual enjoyment. 4.52 The effect of the proposed plan to the physical develop- ment, tax base and the economic well-being of the Village. ARTICLE 5 ZONING DISTRICTS 5.1 DIMENSIONS, BULK AND AREA REGULATIONS FOR ALL ZONING DISTRICTS. All persons in constructing and using land in the varoius zoning districts shall abide by the bulk restrictions set forth in the schedule for same on Pages 27 and 28 of this Ordinance, which schedule is incorporated by reference and made part of this Zoning Ordinance. - 26 - i=' wr.. z WWO' O v 0 o a 3 w A Fz-IO Hd sa¢� 0 6 C 9 H Z .0a, v O O O N N z sa M Pw<° 9 $4 a) O • o w *. Q) a to a n o u w a u W C W C G 00 u 00 A m A m O M o A) � w 3 M 10 W M e0 zW 7 rn a LO M w z w z Ln FO E qzW C-)q Ln v� h •� Ln P vwi rInTl N N N N N U A W A W v rn W vwi w a� a (a(s11 A a A 0 a v vi rw w O O %0 %0 O POC O RO'. -i .•I a .o a w w A - 0 M •c v G O o .o 0 0 P4 w H b b N b H r -I u1 H ri �Oco .N CO O O O O Li Ln O V to . m O O O b O w O w a wa 0 0 n a o C:> •d M o m u u 14 O O t` O O N a) O N w Y4 G ,Z N r -i ri r -I ¢ [n —I d N " C u d M H •d 3 ,u N w N•Us+a 1 M L w G u u u G w N 1�1 G G m m E M Cl) M M M W 4 U a H F+ •r W .•°+ami boa w p w M •X p w aJ $a .••. 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N • u -H W -H w W N ,z H H Ul H H H H H " u H� •rl H q" " q U (1) O O Oto O t/1 O O CL W (1) I H u vl O O +� U a a W t'7 l to " M " M N �O 0) a Pi U •H to 7 h H H CY. v y N U) 0 co 00 O 0 Ei CA N p -H W D F H H H H H X O H G •,I •rt H H G N x CQ m N O N O N O 1 O O O N N CL H 10 O O O G H L) N 4 O D CL. as v 1 _x N U F q •.a H I a o a F fA r-1 N t•1 -7 ri N is I I 1 1W I 1 it it 9=1 ' q W Cl W H H is is it -28- 5.2 RESIDENCE DISTRICTS. (R-1, R-2, R-3, R-4, A-1, and A-2 Zoning Districts). All uses shall meet the I-1 Industrial perform- ance standards and, in addition, the following regulations shall apply in all the various residence districts as indicated: 5.21 PERMITTED USES IN THE R-1, R-2, R-3 and R-4 DISTRICTS. Single-family dwellings. 5.22 PERMITTED USES IN THE A-1 AND A-2 DISTRICTS. Multi -family dwellings. 5.23 ACCESSORY STRUCTURES AND USES PERMITTED IN ALL RESIDENCE DISTRICTS. (R-1, R-2, R-3, R-4, A-1, A-2). A. Garages or other buildings not used as dwellings and accessory to the principal use. B. Private swimming pools. C. Signs in conformance with Elk Grove Village Sign Ordinance No. 388, Exhibit C, attached hereto and made a part hereof. D. Parking or storage of operable vehicles, boats, boat rafts, camper trailers, pickup coaches, motorized homes, travel trailers, trailers and similar objects pursuant to the requirements of this ordinance, in- cluding Section 3.5. 5.24 PROHIBITED USES IN ALL RESIDENTIAL DISTRICTS R-1, R-2, R-3, R-4, A-1, A-2 A. Home Occupations. B. Business or Commercial Uses unless otherwise speci- fically permitted by this Ordinance. C. Industrial uses. D. Parking or storage of inoperable vehicles, boats, boat rafts, camper trailers, pickup coaches, motorized homes, travel trailers, trailers and similar objects. 5.25 SPECIAL USES IN ALL RESIDENTIAL DISTRICTS. Non-profit, public or private schools, churches, libraries, parks, recreational facilities, hospital and municipal buildings. 5.26 SPECIAL USES IN THE R-4, A-1 and A-2 RESIDENCE DISTRICTS. A. Single-family, multi -family and uses in accordance with the planned development procedures as set forth in Article 4. B. Nursing home in accordance with the following requirements: - 29 - (1) Have a minimum lot size of 60,000 square feet in area. (2) Not exceed thirty-five feet or three stories in height. (3) Maintain a minimum front, side and rear yard of 30 feet. (4) Have a floor area ratio of not exceeding 0.5. (5) Provide central kitchen and food preparing facilities - no kitchens to be constructed in conjunction with rooms or apartments. (6) Each sleeping room shall be provided with in- dividual bathrooms and toilet facilities. (7) Provide vehicular parking as follows: One park- ing space for each three beds plus an additional parking space for each two employees on duty but in no event shall the number of parking spaces be less than one space for each 800 square feet of building area. (8) Be equipped with automatic sprinkler system and the sprinkler alarms must have a direct connect- ion to the Fire Department communications center, (9) Provide 24 hour nursing supervision of the patients. 5.3 REQUIREMENTS IN RESIDENCE DISTRICTS. (A-1 and A-2 Districts). The following regulations shall apply to both the A-1 and A-2 residence districts unless otherwise provided. 5.31 ACCESSORY STRUCTURES AND USES PERMITTED. Accessory buildings and uses customarily incident to any of the permitted uses including garages, parking lots, club houses, parks and re- creational facilities. 5.32 REGULATIONS IN THE A-1 DISTRICT. Multi -family apartments shall be permitted provided: A. The number of bedrooms shall not exceed an average of twenty (20) per acre. B. The number of dwelling units shall not exceed an average of ten (10) units per acre. - 30 - C. The number of three-bedroom dwelling units shall not exceed ten (10%) per cent of the total apartments except that in the event the developer provides for more than ten per cent of three-bedroom dwelling units in his project, then the density requirement shall be limited to seven (7) dwelling units per acre. In the event that the developer provides for the construction of four or more bedroom dwelling units, then the density requirement shall be limited to five (5) dwelling units per acre. 5.33 REGULATIONS IN THE A-2 DISTRICT. Multi -family dwelling units shall be permitted provided: A. The number of bedrooms shall not exceed an average of thirty (30) units per acre. B. The number of dwelling units shall not exceed an aver- age of fifteen (15) units per acre. C. The number of three-bedroom dwelling units shall not exceed ten per cent (10%) of the total apartments except as follows: In the event the developer provides more than ten per cent of three bedroom dwelling units, then the density requirements shall be limited to ten (10) dwelling units per acre. In the event the developer provides for the construction of four or more bedroom dwelling units, then the density requirement shall be limited to seven (7) dwelling units per acre. 5.34 SPECIAL USE. Special use may be granted for the R-4 District (Planned Development) permitting a densitv not to exceed five (5) dwelling units per acre. Said dwelling units to represent a combination of single-family detached and at- tached and multi -family units provided the plan develop- ment procedures set forth in Article 4 are followed and providing the following standards are met by the devel- oper: ' A. The tract of land must be under single ownership and/or unified control, having not less than one hundred (100) acres or be a parcel adjoining an existing area which has already been placed under the planned development procedures. B. The area in question must be determined to be eligible for planned development as determined by the Village plan. C. The uses proposed in the planned development must be of the type and so located as to exercise no undue detri- mental influence upon surrounding properties. - 31 - D. All detached dwelling units shall be placed on sub- divided lots and adhere to the requirements of the R-3 district. E. Regulations of the area of the planned development not subdivided into lots: (1) Fifty per cent (50%)or more of said area not subdivided into lots shall remain common open space. (2) No building shall be placed within fifteen (15) feet of any street, road, private or public right- of-way, or parking lot for motor vehicles. De- livery and service lanes are not excluded. (3) The space between one story buildings shall be a minimum of sixteen (16) feet. (4) The minimum distance between buildings of any other classification shall be equal to the height of the taller building provided, however, that if the shortest distance between buildings is measured from the corner of one to the corner of the other and the walls of the two buildings do not overlap, then the distance between the two buildings shall be not less than fifty per cent (50%) of the height of the taller building. (5) No attached dwelling shall contain more than eight (8) dwelling units. (This requirement shall not apply to single -or multi -story apartment buildings where all living space is located on one floor). (6) No building shall exceed sixty (60) feet or six (6) stories in height. All buildings in excess of two (2) stories in height shall be equipped with elevators provided, however, that elevators shall not be required in a three story building where the second and third stories are used as one dwelling unit. (7) The number of apartments and single family attached units shall not exceed the number of single family detached dwelling units unless 15 of the latter has been constructed. (8) All common open space, streets, parking areas, and recreational facilities shall be conveyed to a municipal corporation, or to a not-for-profit corporation, or like entity and shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and im- provement of the common open space and other facilities intended for private use and which are not publicly maintained. - 32 - (9) The area within the planned development proposed for commercial convenience uses shall not exceed twenty thousand (20,000) square feet or one and one-half (111) percent, whichever is less of the total building floor area of the planned devel- opment. 5.35 SPECIAL USE IN THE A-1 DISTRICT. A special use permit may be Issue in the A-1 zoning district permitting multi- family and/or single family dwellings at a density not to exceed thirteen (13) dwelling units per acre, provided, however, the planned development procedures set forth in Article 4 are abided by and provided further that the follow- ing standards are met: A. A tract of land under single ownership and/or unified control not less than ten (10) acres or a parcel ad- joining an existing area developed under planned de- velopment. B. All standards set forth in Paragraph 5.34 except sub- paragraph A and E(7) thereof. 5.36 SPECIAL USE IN THE A-2 DISTRICT. A special use may be issued in the A-2 zoning district permitting multi -family and/or single family dwellings at a density not to exceed twenty (20) dwelling units'per acre, provided, however, that the planned development procedure as set forth in Article 4 are abided by and provided the following standards are met. A. The tract of land under consideration be under single ownership and/or unified control having not less than ten (10) acres or be a parcel adjoining an existing tract under the planned development procedure. B. All standards set forth in Paragraph 5.34 except sub -paragraphs A and E(7) thereof be abided by. 5.4 B-1 BUSINESS DISTRICT. (Shopping Center). 5.41 DESCRIPTION OF DISTRICT. The district is to provide for the convenience shopping of persons residing in adjacent residential areas and permits uses necessary to satisfy basic and frequent shopping needs. Such zoning districts - shall be located along primary and secondary thorough fares. The uses permitted in said districts shall be compatible with each other and be designed to accomplish the aforementioned purposes. Uses not compatible or those inconsistent or which generate special problems as to the quantity and frequency of vehicular movement are excluded. Uses which are compatible, if certain conditions are satisfied, are treated as conditional uses within the district, permitted only if the conditions specified are satisfied. - 33 - 5.42 USES. A. GENERAL CONDITIONS. (1) All uses in the B-1 Business District shall be . for retail trade or services dealing direct with the customer. All goods produced or processed on the premises will be sold at retail on the pre- mises where produced or processed. Processes in connection with consumer services to be permitted only if performed for a consumer served upon the premises. (2) Establishment of "drive-in" type uses offering goods or services direct to customers waiting in parked motor vehicles are prohibited. (3) All sales, services and display shall take place within completely enclosed buildings. (4) All uses shall meet I-1, Industrial Performance Standards, as set forth in this Ordinance. B. PERMITTED USES. The following uses and none other are permitted uses except for those uses designated as conditional uses and those when conditions recited in Paragraph D hereof are satisfied: Clothing or apparel stores. Food stores. Dry goods and variety stores. Art and supply shops. Furniture and home furnishings. Banks (except drive-in facilities). Books and stationery stores. Camera and photo supply stores. Drug stores. Dry cleaning and laundry receiving stations. Hardware, decorating shops, and paint and wallpaper shops. Hobby and pet shops (for retail items and merchandise assembled or used away from premises). Interior decorating shops. Jewelry shops (including watch repair). Music stores. Restaurants (excluding "drive-in" restaurants). Shoe repair and tailor shops. Sporting goods stores (excluding camping trailer sales and rental). Toy stores. Barber and beauty shops, Currency exchanges. - 34 - Florist shops. Gift shops. Professional and business offices. Medical and dental clinics. Telephone booths. Governmental buildings and facilities. Public utility facilities. Permitted signs. C. CONDITIONAL USES. The following conditional uses are permitted: Swimming pools. Ice skating and roller skating. rinks. Billiard parlors. Bowling alleys. Indoor theaters. Drive-in banking facilities. Undertaking establishments (Funeral homes). D. PRE -REQUISITES FOR CONDITIONAL USES. (1) Provisions for parking in accordance with Section 3.9 of this Ordinance unless premises are part of a shopping center, in which event, parking requirements shall be additional to those made for the shopping center, unless the owner of the shopping center and proposed uses satisfy the Board of Trustees by competent evidence that the needs of the user can be satisfied from the parking allocated to the shopping center itself. (2) An approved plan for ingress and egress. Said approval to take the form of a certificate signed by the Chiefs of Police and Fire De- partments and the Village Engineer certifying that the plan for ingress and egress, proposed by the user, will not interfere with either highway or shopping center traffic, nor increase the risk of danger to persons or property. 5.43 MINIMUM AREA FOR B-1 ZONING. No map or zoning amendment to the B-1 District shall be granted unless the area zoned is five (5) acres or more, or is contiguous to an area 5 acres it more and the owner or owners of same have agreed to a common plan for ingress and egress. - 35 - 5.5 5.44 YARD REQUIREMENTS. No building shall be placed within twenty-five (25) feet of any street or highway in the B-1 district. No other yard requirement shall apply to the lo- cation of buildings and structures in said zone unless it adjoins a residential district, in which event, no struc- ture shall be placed within fifty (50) feet of the bound- ary of any residential district. 5.45 PARKING FOR SHOPPING CENTERS IN THE B-1 DISTRICT. Whenever a structure or building housing a use permitted in the B-1 zone is part of a shopping center, four (4) square feet of parking shall be required for each one (1) square foot of floor area pursuant to Section 3.94 hereof. Floor area for purposes hereof is defined in Section 3.95 A hereof. Parking area shall be located on the same lot or parcel of land as the shopping facilities. Said lot or parcel of land shall be designated by the owner or developer of the shopping center on a plat prepared by a registered surveyor and sub- mitted to the building department at the time the first building permit is issued for any building in the shopping center. Said plat shall designate present and future buildings. 5.46 BULK REQUIREMENTS. The regulations of bulk on page 28 shall apply. B-2 GENERAL BUSINESS DISTRICT. 5.51 GENERAL BUSINESS DISTRICT. Said business district is a district permitting most retail business uses and con- sumer {service uses. It does not comprehend wholesale uses or. ) agol of merchandise unless in connection with the above. It is located on major arterial streets. 5.52 USES. A. GENERAL CONDITIONS. (1) Uses in the B-2 business district shall be for retail trade or services dealing direct with the consumer. All goods produced or processed on the premises shall be sold at retail on the pre- mises where produced or processed. Processing in connection with consumer services shall be permitted if performed for consumers served on the pre- mises. (2) All uses shall meet the I-1 Industrial Performance Standards as set forth in this Ordinance. B. PERMITTED USES. The following and none other are per- mitted: (1) Retail sales and consumer service uses except uses listed under 5.26 C below. -36 - (2) Business and Professional Offices. (3) Institutional and Governmental Uses. C. Prohibited Uses. The following uses are prohibited: (1) Junk yards (2) Auto salvage yards (3) Drive-in theaters (4) Wholesaling of products (5) Truck terminals (6) Warehousing except in conjunction with a principal use of retail business (7) Concrete mixing and asphalt plants (8) Wrecking or dismantling of automobiles, vehicles or other products (9) Salvage yards (10) Dumping or disposal areas (11) Outdoor recreation or amusements (12) Mobile Homes - 37- 5.53 YARD REQUIREMENTS. No building shall be constructed with- in twenty-five (25) feet of any street or highway property line in the B-2 District - no other yard requirement shall apply to the location of buildings and structures in said zone unless it adjoins a residence district in which event no structure shall be placed within seventy-five (75) feet of the boundary of said residential district. 5.54 PARKING REGULATIONS. See Section 3.9 5.55 BULK REGULATIONS. See Page 26 for regulations. 5.6 B-3 AUTOMOTIVE ORIENTED BUSINESS DISTRICT. 5.61 DESCRIPTION OF DISTRICT. The automotive oriented business district is a zoning district primarily designed to serve the highway public by furnishing products and services which relate to the automobile, accompany its use, or where the automobile is necessary to the transaction of business. Said zoning district shall be located along major arterial roads. The uses are to be compatible with each other and are to be sufficiently distant from each other and from roadways as to afford traffic safety. 5.62 USES. A. GENERAL CONDITIONS. (1) All uses in the B-3 business district shall be for retail trade or services dealing direct with the consumer. All goods produced or processed on the premises will be sold at retail on the premises where produced or processed. Processes in connec- tion with consumer service is permitted only if performed for a consumer served upon the premises. (2) All uses shall meet the I-1 Industrial Performance Standards as set forth in this Ordinance. B. PERMITTED USES. (1) Ambulance service. (2) Auto,truck and equipment sales and rental. (3) Auto laundries or car washes. (4) Automobile service stations.. (5) Commercial parking lots for private vehicles. (6) Drive-in banks. (7) Restaurants including drive-in establishments serving food or beverage for consumption outside the structure. (B) Garden stores and gift shops. (9) Mobile home and trailer sales and rental, but not includ- ing the use of mobile homes as residences. (10) Motels. moi% (11) Indoor places of entertainment and amusements (12) Undertaking establishments (13) Public utility stations (14) Equipment sales, rental and services (15) Uses permitted in B-1 and B-2 Districts C. Prohibited Uses. The uses prohibited in B-2 5.26C are prohibited in the B-3 District. 5.63 YARD REQUIREMENT. No building shall be constructed with- in twenty-five (25) feet of any street or highway property line in the B-3 business district. No yard requirement shall apply to the location of buildings in said zone un- less it adjoins a residential district, in which event, no structure shall be placed within seventy-five (75) feet of the boundary of any such residential district. 5.64 PARKING REGULATIONS. The parking regulations as set forth in Section 3.9 shall apply. 5.65 Bulk Requirements. The regulations of bulk contained on Page 28 Shall apply. 39 5.7 0&T OFFICE/TRANSITIONAL DISTRICT. 5.71 DESCRIPTION OF DISTRICT. The 0&T Office & Transitional District is intended to provide land and structures used primarily to provide office spaces. Commercial uses in- cluding institutional uses which conform to the pattern of the district are also permitted. The uses permitted are characterized by a low volume of traffic and limited outdoor advertising, so as to protect abutting and surrounding residential districts. This district is often used as a buffer district between residential and commercial area. 5.72 USES PERMITTED. No land shall be used or occupied and no building, structure or premise shall be erected,altered, enlarged, occupied, or used, except as provided in this Ordinance, for other than the following specified uses: A. The following retail business, provided they are accessory to other uses in the same zoning district and also provided external business signs are not placed on buildings. Drug store. Gift shop. Office supplies. Restaurants exclusing "drive-in" restaurants. Barber shops. Beauty shops. Tobacconists. B. Business service offices which perform services on the premises, illustrative of which are as follows: Better Business Bureau. Business and management consultants. Business office, in which chattels or goods, wares or merchandise are not sold on premises, display of merchandise rather than merchandise for sale permitted. Chamber of Commerce. Charitable organizations. Civic association. Credit agency. Detective agency. Insurance carrier. Insurance office. Investment company. Labor union and organization. Mail order house. Merchants association. Political organization. Professional membership association. Real estate board. Real estate office. Social and fraternal associations. Trade association. - 40 - C. Professional Office such as the following: Accounting, auditing and bookkeeping. Artist and industrial designer. Attorney and law offices. Chiropodist's office. Chiropractor's office. Dentist's office. Doctor's, surgeon's office and/or physician's office. Engineering and architectural services. Landscape architect. Medical and dental clinics. Minister. Optician's office. Osteopath's office. D. Institutional uses as follows: Churches. Hospitals. Museums and art galleries. Governmental buildings. Post offices. Public utility establishments. Schools, colleges and training facilities. E. Special uses: Convalescent, nursing home, rest homes, or sanitorium - See Section 5.26B. Child care nurseries. 5.73 SPECIAL PROVISIONS. A. ENCLOSURE OF OPERATIONS. All business, servicing or processing shall be conducted within completely en- closed buildings, except: (1) Off-street parking or loading. (2) Accessory uses. B. YARD AND BULK REGULATIONS. See Page 28. C. PARKING REQUIREMENTS. Parking requirements shall be in accordance with Section 3.9 of this Ordinance. The parking of trucks when accessory to the conduct of a permitted use, shall be limited to vehicles not over one and one-half tons capacity, except for pickup and delivery services. D. SIGN REQUIREMENTS. Sign requirements per Ordinance 388 which has heretofore been adopted by reference as Exhibit C. - 41 - E. PERFORMANCE STANDARDS. All activities shall conform with the performance standards in the I-1 District as set forth in this Ordinance. F. LIGHTING. All lighting shall be in accordance with Section 3.9 hereof. 5.8 INDUSTRIAL DISTRICTS. The following regulations shall apply to industrial districts as indicated. 5.81 PERMITTED USES IN THE I-1 (Restricted Industrial District) The following industrial uses are permitted and none other subject to the provisions hereof. A. Industrial uses provided a prior compliance certificate is issued pursuant to 5.83 of this Ordinance, however, the following manufacturing and processing uses as are classified in the "Standard Industrial Classification Manual" (1967 Edition) prepared by the Office of Statistical Standards, United States Government are not permitted: Comparable 1972 Group SIC Categories 346 191 Guns, howitzers, mortars and related equipment. 348 192 Ammunition, except for small arms. 3795 193 Tanks and tank components. Use 1967 Group 194 194 Sighting and fire control equipment. 348 195 Small arms. 348 196 Small arms ammunition. 348 199 Ordinance and accessories, not elsewhere classified. Canned 201+ 2011 Meat packing plants. Specialties -2032 2013 Manufacture of sausage and other prepared Pet and meat products. Foods - 2047 2015 Poultry and small game, dressing and packing. 2091 2031 Canning and curing of fish and sea food. 2092 2036 The processing of fresh or frozen packaged fish or sea foods. 204 Grain mill products. 206 Sugar. 2082 The manufacture or processing of malt liquors. 2083 The manufacture of malt. 2084 The manufacture or process of wines, brandy and brandy spirits. 2085 The distilling, rectifying and blending of liquor. 2074 2091 The manufacture of cotton seed oil mills. 2075 2092 The manufacture of soy bean oil mills 2076 2093 The manufacture of vegetable oil in oil mills 2077 2094 The manufacture of animal and marine fats and oils. 2079 2096 The manufacture of shortening, table oil, mar- garine, and other edible fats and oils, not otherwise classified. 214 Tobacco stemming and redrying. - 42 - 1972 Dyeing, finishing and impregnating, coating and rubberizing of textiles and fabrics. The manufacture of wooden products involving the extensive use of glues, and adhesives. C. Research Laboratories. D. Offices. E. Retail uses, accessory to the primary use located on the premises, as a special use hereunder, subject to the following conditions: - 43 - 2491 Wood preserving, including the creosoting or adding of preservatives to wood. 242 Saw mills and planning mills. 261 Pulp mills. 262 Paper mills, except building paper mills. 263 Paperboard mills. 266 Building paper and building board mills. 281 Industrial inorganic 286 281 Organic chemicals 287 Agricultural chemicals. 291 Petroleum refining. 295 Paving and roofing materials. 299 Miscellaneous products of petroleum and coal. 301 Tire and inner tubes. Rubber & Plastic 302 302 Rubber Footwear footwear 303 Reclaimed rubber. 311 Leather tanning and finishing. 321 Flat glass. 322 Glass and glassware, pressed or blown. 325 Structural clay products. 327 Concrete, gypsum and plaster products. 328 Crushed stone and stone products. 329 Abrasive, asbestos and miscellaneous non- metallic mineral products. 331 Blast furnace, steel works and rolling and finish- ing mills. 332 Iron and steel foundries. 333 Primary smelting and refining of nonferrous metals. 334 Secondary smelting and refining of nonferrous metals. 335 Rolling, drawing and extruding of nonferrous metals. 336 Nonferrous foundries. Comparable 1972 B. Non -retail commercial, including establishments classi- SIC Categories: fied as Major Group 50 in "Standard Industrial Classi- Wholesale Trade fication Manual" (1967 Edition) prepared by the Office 50 Durable Goods of Statistical Standards, United States Government, 51 Non -durable provided same are engaged in selling merchandise to re - goods tailers, to industrial, commercial, institutional or professional users. C. Research Laboratories. D. Offices. E. Retail uses, accessory to the primary use located on the premises, as a special use hereunder, subject to the following conditions: - 43 - (1) Said retail use does not occupy more than 5% of the floor area of the primary building or structure located on the lot or parcel involved. (2) The retail use does not require outside signs or storage, other than an identification sign not ex- ceeding ten (10) square feet, and otherwise in accordance with the sign ordinances of the Village. (3) An additional and separated parking area is provided, said area to be separated from all other parking areas and to have such additional required space as if said retail use was in addition to the floor area of the primary use, and as required by the business zoning classification for a comparable use. (4) Such special access requirements as are deemed necessary by the Chief of Police and the Village Engineer so as not to interfere with established public street traffic to and from the primary use. F. PARKING AND LOADING. The Off -Street Parking and Loading requirements shall be in accordance with Section 3.9. G. BULK. Bulk regulations on page 28 shall apply. 5.82 PERMITTED USES IN THE I-2 (General Industrial District) The following industrial uses are permitted and none other subject to provisions hereof. A. Industrial uses conditional upon issuance of prior compliance certificate. B. Non -retail commercial. C. Research laboratories. D. Office. E. Retail uses, accessory to the primary use located on the premises, as a special use hereunder, subject to the following conditions: (1) Said retail use does not occupy more than 51 of the floor area of the primary building or structure located on the lot or parcel involved. (2) The retail use does not require outside signs or storage, other than an identification sign not ex- ceeding ten (10) square feet, and otherwise in accordance with the sign ordinances of the Village. (3) An additional and separated parking area is provided, said area to be separated from all other parking areas and to have such additional required space as if said retail use was in addition to the floor area of the primary use, and as required by the business zoning classification for a comparable use. (4) Such special access requirements as are deemed necessary by the Chief of Police and the Village Engineer so as not to interfere with established public street traffic to and from the primary use. F. PARKING AND LOADING. The Off-street Parking and Loading requirements shall be in accordance with Section 3.9. G. BULK. Bulk regulations on page 28 shall apply. - 44 - 5.83 PRIOR COMPLIANCE CERTIFICATE. A. DEFINITION. A certificate issued by the Village Engineer or an Engineer designated by the Corporate Authorities that a proposed use will meet the per- formance standards of the Village Ordinance. B. RULES. Rules for obtainment of compliance certificate: (1) The owner, occupant, or user prior to using premises and the issuance of an occupancy certificate shall submit an application for same detailing the nature of the proposed use on'forms prepared by the Village and as approved by the President and Board of Trustees by resolution. (2) The Village Engineer, upon receipt of the appli- cation shall issue a prior compliance certificate within twenty-one (21)days or advise the proposed user as to reasons for his refusal or delay. In the event of an adverse decision to the applicant, he shall have a right of appeal to the President and Board of Trustees. (3) A prior compliance certificate shall be valid only so long as the use is made of the premises for which issued and provided the information submitted to obtain same is accurate and complete. The Village shall not be prevented by the issuance of the prior compliance certificate from terminating same if the use made of the premises is not in conformity with Village ordinances. 5.84 ACCESSORY STRUCTURES AND USES PERMITTED IN ALL INDUSTRIAL DISTRICTS. A. Signs in conformance with Elk Grove Village Sign Ordinances. B. Garage and other buildings and uses accessory to the principal use. C. Antenna for communication purposes. 5.85 SPECIAL USES IN ALL INDUSTRIAL DISTRICTS. A. Railroad tracks. B. Restaurants, banks, motels, new auto or truck dealers, lodges, meeting halls, industrial suppliers, blue printing and medical clinics. - 45 - 5.86 USES PROHIBITED IN ALL INDUSTRIAL DISTRICTS A. All residential uses, including mobile homes and mobile home parks, but excluding apartment residence facilities for use by owners or caretakers of the permitted primary use; abbatoirs; arsenals; crematories, creosote treat- ment or manufacture; fat rendering; manufacture or storage of fireworks and explosives; dumping, reduction or other processing of garbage, dead animals, offal or refuse, except as incidental to a permitted use; ore reduction; petroleum processing or refining, pyroxylin manufacture; natural or synthetic rubber, cadutchouc, or gutta percha manufacture; or treatment, salt works; sauerkraut manufacturing; soap manufacture; stockyard or slaughter of animals.or fowl, tallow, grease, or lard manufacture; or treatment; tanning, curing or storage of rawhide or skins; fertilizer manufacture; or reduction; smelters; junk shop, junk yards or auto- mobile wrecking yards, commercial incinerators; sanitary land fills; cement, concrete, asphaltic con- crete plants; tar distillation or manufacture; ex- traction of gravel, sand and other raw materials, drive- in theaters. B. No activities involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, except that these activities customarily incidental to the operation of permitted principal use may be permitted by a variation by the President and Board of Trustees. Such materials shall be stored, utilized and manufactured in accordance with the applicable rules and regulations of the Village of Elk Grove Village and the State of Illinois. C. Such materials as referred to above shall include but shall not be confined to all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, RDX, EMM, PETN and picric acid; propellants and components thereof, such as dry nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fire- works such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylides, tetrazoles, and ozonides; unstable oxidizing agents such as perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty- five per cent (35%); and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239. -46 - 5.87 I-1 and I-2 INDUSTRIAL DISTRICTS A. All activities, involving manufacturing, fabricating, processing, assembling, dis-assembling, repairing, cleaning, servicing and testing shall be conducted in completely enclosed buildings. B. The storage of materials, products and goods may be outdoors, in side or rear yards, if completely screened from public view, provided such storage not be within 15 feet of any structure. C. Outdoor storage of uncontained bulk materials such as powder, grain, stone, sand and coal which has a tendency to become windborne is prohibited. 5.9 PERFORMANCE STANDARDS INDUSTRIAL DISTRICT. Any use established in an industrial district shall be operated in such a manner as to comply with the applicable performance stan- dards as hereinafter set forth governing noise, vibration, smoke, toxic matter, odors, fire and explosive hazards and glare. No use already established on the effective date of this Ordinance shall be so altered or modified as to conflict with or further conflict with the applicable performance standards for the district in which such use is located. 5.91 NOISE A. Measurement of noise shall be made with a Sound -Level Meter which meets the requirements for general-purpose (Type 2) sound -level meters given in American National Standards Institute (A.N.S.I.) Standard 51.4-1971 (or its latest revision). The "A -Weighting" network and the "Slow" meter response of the sound -level meter shall be used, except that the "Fast" meter response shall be used to measure noise of an impulse character (such as from forge hammers, punch presses and metal shears). Correct operation of the meter must be assured by an acoustical calibration (E.G. with an Acoustical Calibrator) before and after each series of measurements. The manu- facturer's specifications for orientation of the micro- phone for minimum diffraction effects and most uniform response shall be used. The data so obtained shall be referred to hereinafter as "dB(A)" sound levels. B. The recorded dB(A) sound level at any locaticn shall be the numerical average of not less than three (3) "readings" taken at least 30 seconds apart. Each "reading" shall be the best estimate of central ten- dency of the meter deflection in a five (5) second period, except that the maximum meter indication shall be used for noise of an impulse character. Care shall be taken that the reading is not unduly influenced by traffic, aircraft, and other noise sources. A reading shall be considered valid for the purpose of enforcing - 47- this ordinance whenever it exceeds by at least 5 dB(A) the reading which would be obtained at that location if the source (s) of noise in question were not operating. C. At no point beyond a lot line of any lot in the I-1 Industrial District shall the sound level resulting from any use on that lot exceed the values shown in "F. Table I" below under the "I-1" heading. D. At no point beyond a lot line of any lot in the I-2 Industrial District shall the sound level resulting from any use on that lot exceed the values shown in "F. Table I" below under the "I-2" heading. E. Exemptions to paragraphs C and D are: (1) Noises produced by sources not under the control of the property owner(s). (2) Noises temporarily produced by construction, street repair, building repair, etc., pro- vided such activity has been authorized by the Village and takes place between the hours of 7A.M. and 7P.M. F. TABLE I Maximum permissible dB(A) sound level for noise radiated from a facility between the hours of 7A.M. and 7P.M. Industrial District Distance from lot line to nearest residential boundary I-1 I-2 125 feet or less 45 dB(A) 45 dB(A) more than 125 feet 50 50 more than 350 feet 55 55 more than 700 feet 60 60 more than 1500 feet 60 65 more than 2500 feet 60 70 ZEDS If an outdoor source of noise is set back more than 200 feet from the nearest lot line, then the dB(A) limit determined from Table I shall be replaced by the dB(A) value L obtained from Formula 1 below when- ever the latter is more restrictive. (Formula 1) L = 45dB(A) + 20 Log R S R = distance from source to nearest residence boundary S = distance from source to nearest lot line Moreover, if the noise is not smooth and continuous and is not radiated between the hours of 7A.M. and 7P.M., one or more of the adjustments in"G. Table II" below shall be added to or subtracted from the app- licable dB(A) sound levels given in "F. Table I" or Formula 1. G. TABLE II Type of operation or character of noise: Adjustment Nighttime operation ..........................-5 dB(A) Noise of impulsive character (hammering, blasting, etc.) ................ -10 dB(A) Noise of pure tone or complex tone character (hum, whistle, scree ch, etc.)... -10 dB(A) The sound level reading at a distance of 50 feet from the lot line is at least 6 dB(A) less than the reading at the lot line...................................+5 dB(A) Noise source operates once for less than 5 minutes in any one two-hour period (This adjustment applies to daytime, 7A.M, to 7P.M. operation only).............+10 dB(A) 5.92 EARTHBORNE VIBRATION. A. In any Industrial District any use established shall meet the performance standards for vibration as des- cribed below: - 49 - At no point at or beyond an adjacent lot line or a residential district boundary line shall the vibration displacement be in excess of the permissible vibration levels indicated below in the respective district. Vibration displacements shall be measured with an in- strument capable of simultaneously measur ing in three mutually perpendicular directions. The maximum permitted displacements shall be deter- mined in each district by the following formula: D = K f D = displacement in inches. f = the frequency of the vibration trans- mitted through the ground, cycles per second. B. 1-1 Light Industrial District. The maximum earth dis- placement permitted at the points described below shall be determined by use of the formula in Paragraph A and the appropriate K constant, a constant to be deter- mined by reference to Table I below. TABLE I Location K On or beyond any adjacent lot line Continuous 0.008 Impulsive 8 or more pulses per 24-hour period 0.015 Less than 8 pulses per 24-hour period 0.037 For the purpose of this Ordinance, continuous vibrations are discrete pulses occurring more frequently than 100 per minute. Vibrations consisting of discrete pulses which do not exceed 100 per minute shall be considered impulsive. C. I-2 General Industrial District. The maximum earth dis- placement permitted at the points described below shall be determined by use of the formula in Paragraph A above and the appropriate K constant, a constant to be deter- mined by reference to Table II below. -50 - TABLE II Location K On or beyond any adjacent lot line Continuous 0.015 Impulsive 8 or more pulses per 24-hour period 0.030 Less than 8 pulses per 24-hour period 0.075 For the purpose of this Ordinance, continuous vib- rations are discrete pulses occurring more frequently than 100 per minute. Vibrations consisting of discrete pulses which do not exceed 100 per minute shall be con- sidered impulsive. 5.93 SMOKE AND PARTICULATE MATTER A. The emission of smoke or particulate matter in such manner or quantity as set forth herein shall not be permitted. For the purpose of grading the shade or equivalent opacity of the smoke, the Ringelmann Chart described in the U.S. Bureau of Mines Information Circular No. 8333 (1967) shall be employed. Sources such as yards and roads which generate sus- pended particulate matter in the wind shall be paved with a hardtop surface or landscaped so as to prevent such dust emission. The open burning of refuse, paint, oil, debris or any other combustible material is prohibited in all dis- tricts. The emission of particulate matter from any industrial or combustion process shall not exceed that permitted by the State of Illinois Environmental Protection Agency. Particulate matter emissions in pounds per hour per acre described elow shall be determined by selecting a con- tinuous 4 -hour period which will result in the highest average emission rate. - 51 - B. I-1 Restricted Industrial District. The emission of smoke having a shade or equivalent opacity in excess of Ringelmann No. 0 is prohibited. However, for two min- utes in any continuous foirhours, smoke up to and in- cluding Ringelmann No. 1 shall be permitted, The rate of emission of particulate matter from all vents and stacks within the boundaries of any lot shall not ex- ceed 0.2 pound per acre of lot area per hour. C. 1-2 General Industrial District. The emission of smoke having a shade or equivalent opacity in excess of Ring- elmann No. 1 is prohibited. However, for two minutes in any continuous four hours, smoke up to and including Ringelmann No. 2 shall be permitted. The rate of emission of particulate matter from all stacks and vents within the boundaries of any lot shall not exceed 1 pound per acre of lot area per hour. 5.94 TOXIC MATTER. In any industrial district, the release of airborne toxic matter shall not exceed one -thirtieth (1/30) of the Threshold Limit Values allowed an industrial worker as listed by the American Conference of Governmental Hygienists (1967) measured at any point beyond the lot line either at ground level or a habitable elevation whichever is more restrictive. Concentrations shall be measured and cal- culated as the highest average that will occur over a con- tinuous 24-hour period. The release of toxic. substances into the atmosphere not listed are prohibited except as a special use. The appli- cant shall demonstrate that the proposed levels will have no deleterious effects to the general population. 5.95 ODOR REGULATIONS. The release of odorous matter in the industrial district shall comply with the following regula- tions. Odor units and odor thresholds shall be determined by the American Society for Testing and Materials procedure STM D 1391-57 "Standard Method for Measurement of Odor in Atmospheres (Dilution Method)" or such method as the Village and other person shall agree appropriate. A. HABITABLE ELEVATION DEFINITION. The height of the highest space in any existing or future building which is designed for use as a residence or working area of persons. B. I-1 Restricted Industrial District. When odorous matter is released from any operation, activity or use in the I-1 District, the concentration of such odorous materials shall not exceed the odor threshold at any time when measured beyond the lot line, either at ground level or habitable elevation. - 52 - C. I-2 General Industrial District. (1) When odorous matter is released from any oper- ation, activity or use in the I-2 General Industrial District, the concentration of such odorous materials shall not exceed the odor threshold when measured in any residential district, either at ground level or habitable elevation. The odor threshold may be exceeded one day per month for reason of equipment or process breakdown. (2) When odorous matter is released from stacks or vents, the maximum allowable emission rate may be computed by the following dispersion formula so that the maximum ground level concentration of odorous matter shall not exceed one odor unit per cubic foot. However, for one day per month, tfie allowable emission may be exceeded for reason of equipment or process breakdown. (3) When a source of odorous matter is subject to both paragraphs (1) and (2) above, the least restrictive shall apply. (4) Dispersion formula. The following formula shall be employed to determine the maximum emission rate of odorous matter (Q) as described in paragraph (2) above. ELK GROVE VILLAGE DISPERSION FORMULA C =L:0.8 h v d + (1.5 +0.0015 T C = ground level concentration; odor units per cubic foot. Q = net emission rate; odor units per minute. h = stack height, feet above grade. v = stack gas velocity, feet per minute. d = stack diameter, feet. 0 T = stack gas temperature above 80° F. - 53- D. Interim Standards. (1) Industries emitting odorous matter in excess of the limitations described in Sections B and C shall be permitted to operate provided that the release of odorous matter meets the following interim standards, which shall be effective for three years from the date of this Ordinance, after which all uses in the I-1 and I-2 Districts shall meet the odor standards described earlier. (2) I-1 Interim Standard. When odorous matter is released from a y operation, activity or use in the I-1 Light Industrial District, the concentration of such odorous materials shall not exceed five times the odor threshold at any time when measured beyond the lot line, either at ground level or habitable elevation. (3) I-2 Interim Standard. When odorous matter is re- leased from any operation, activity or use in the I-2 General Industrial District, the concentration of such odorous materials shall not exceed five times the odor threshold at any time when measured beyond the lot line, either at ground level or habitable elevation. The odor threshold may be exceeded one day per month for reason of equipment or process breakdown. (4) When odorous matter is released from stacks or vents, the maximum allowable emission rate may be computed by the dispersion formula of Section 5C(4) so that maximum ground level concentration of odor- ous matter shall not exceed five odor units per cubic foot. However, for one day per month, the allowable emission may exceed for reason of equip- ment or process breakdown. (5) When a source of odorous matter is subject to both paragraphs above, the least restrictive shall apply. (6) Example of a sample calculation of odor emission: A sausage casing factory plans to construct a plant with a 75 foot stack emitting hydrogen sulfide (H2 S). The rate of release is 8,000 cubic feet per min- ute at 150°F. through a 2 foot diameter stack. The concentration of H2S'is 200 parts per million and the odor threshold concentration is 0.13 ppm. The stack will be situated 1,500 feet from the nearest - 54 - Residential District. Can the proposed operation meet the prescribed 1-2 General Industrial District odor standards? (7) Solution of a sample calculation example: Dispersion Formula C = 0.850 h v d (1.5 + .0015 T) With only one stack, re -arrange the formula Q = C hvd (1.5 + .0015LT) 0.85 C = 1 odor unit per cubic foot. h = 75 feet v = Stack flow = 8000 Stack area 12 = 2540 fpm. d = 2 feet e, T = 150-80 = 700F. Allowable net emission rate Q = 1 x 75x2540 x2 (1.5+.0015x70) 0.85 = 0.72 x 106 odor units per minute Expected emission rate = gas flow, cfm x H2S concentration, ppm H 2 odor threshold, ppm = 8000 x 200 = 12.3 x 106 odor units per minute. 0.13 The expected emission rate exceeds the allowable emission rate. Reduction of H2S emission required. % Reduction = 12.3 - 0.72 X 100 = 94%. 12.3 - 55 - 5.96 FIRE AND EXPLOSIVE HAZARDS. A. The storage utilization or manufacture of solid materials or products ranging from free or active burning to intense burning is permitted, provided that said materials or products shall be stored, utilized or manufactured within completely enclosed buildings having incombus- tible exterior walls and protected with an automatic fire extinguishing system. In all Industrial Districts the storage utilization or manufacture of solid materials of products ranging from incombustible to moderate burning is permitted. B. I-1 Restricted Industrial District. The storage, utilization or manufacture of flammable liquids and gases shall be permitted in accordance with the following Table I, exclusive of storage of finished produets in original sealed containers of 55 gallons or less, which shall be unrestricted. Flammable liquid and gas storage tanks shall not be less than 50 feet from all lot lines. TABLE I TOTAL CAPACITY OF FLAMMABLE MATERIALS PERMITTED (IN GALLONS) For material having a flash point Above ground Underground At or above 140°F. 20,000 100,000 At or above 100°F. and below 140'F. 10,000 100,000 Below 100'F. 3,000 100,000 When flammable gases are stored, utilized or manufact- ured and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure shall not exceed 30 times the quantities listed in Table 1 above. C. I-2 General Industrial District. The storage, utili- zation, or manufacture of flammable liquids and gases shall be permitted in accordance with the following Table III exclusive of storage of finished products in original sealed containers of 55 gallons or less which shall be unrestricted. Flammable liquids and gas storage tanks shall not be less than 50 feet from all lot lines. 56 TARTY TT TOTAL CAPACITY OF FLAMMABLE MATERIALS PERMITTED (IN GALLONS) For material having a flash point Above Ground At or above 140 F. 200,000 At or above 100 F. and below 140 F. 100,000 Below 100 F. 50,000 When flammable gases are stored, utilized or manu- factured and measured in cubic feet, the quantity in cubic feet at standard temperature and pressure shall not exceed 30 times the quantities listed above. 5.97 GLARE. In all Industrial Districts any activity or operation producing glare shall be conducted in accordance with the following requirement. Exposed sources of light in all districts shall be controlled so that direct and indirect illumination within the lot lines shall not cause illum- ination in excess of ;i foot candle in residential districts. ARTICLE 6 BOARD OF APPEALS 6.1 CREATION AND MEMBERSHIP. A Board of Appeals be and is hereby established. The word "Board'when used in this article shall be construed to mean the Board of Appeals. The said Board shall con- sist of seven (7) members appointed by the President with the approval of the Board of Trustees. The members of the first Board shall serve respectively for the following terms (or until their respective successors are appointed and qualified): One for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years and five years each for those following the first appointment. One of the members of said Board shall be designated by the President and Board of Trustees as Chairman of said Board, and shall hold his said office as Chairman until his successor is appointed. Such Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. The President shall -have the power to remove any member of said Board for cause and after a public hearing. Vacancies upon said Board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appoint- ment of such member. 57 6.2 MEETINGS. All meetings of the Board of Appeals shall be held at the call of the Chairman and at such times as such Board may determine. All hearings conducted by it shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of'each member upon each question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, and the reasons for recommending or denying such variation shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this Ordinance or with the Illinois Statutes in such case made and provided, and may select or appoint such offi- cers as it deems necessary. 6.3 APPEAL. An appeal may be taken to the Board of Appeals by any person, firm or corporation aggrieved, or by any officer, department, Board or Bureau of the Village affected by a decision of the Building Commissioner relative to this Ordinance. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Building Commissioner and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Building Commissioner shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of an action appealed from. The Board shall select a reasonable time and place for the hearing on the appeal and give doe notice thereof to the parties and shall render a recommen- dation on the appeal without unreasonable delay to the President and Board of Trustees, which shall make the final decision on the appeal. Any person may appear and testify at the hearing, either in person or by duly auth- orized agent or attorney. 6.4 FEE. A fee as approved by Resolution of the Village Board shall be paid at the time the notice of appeal is filed. 6.5 DECISIONS. The Board shall recommend to the President and Board of Trustees the reversal or affirmation, wholly or partly, or shall recommend to the President and Board of Trustees the modification or amendment of the order, require- ment, decision, or determination appealed from to the extent and in the manner that the Board recommends to the President and Board of Trustees to be fitting and proper in the pre- mises. - 58 - 6.6 VARIATIONS. When a property owner shows -that a strict application of.the terms of this ordinance relating to the use, construction or alterationhof buildings or structures, or to the use of land, imposes/p�actical difficulties or particular hardship, then the Board may recommend to the President and Board of Trustees that such variations of the strict application of the terms of this ordinance as are in harmony with its general purposes and intent when the Board is satisfied, under the evidence heard before it, such variation if granted by the President and Board of Trustees, will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variation in the following instances: 6.61 To permit the extension of a'district where the boundary line of a district divides a lot in single ownership as shown on record. 6.62 To permit the reconstruction of a non -conforming building which has been destroyed or damaged to an extent of more than fifty (50%) percent of its value, by fire, act of God, or the public enemy, where the Board shall find some com- pelling public necessity requiring a continuation of the non -conforming use, but in no case shall the Board re- commend to the President and Board of. Trustees that such a permit be issued if its primary function is to continue a monopoly. 6.63 To permit the erection and use of a building or the use of premises in which any location for a public service corporation for public utility purposes which the Board deems reasonably necessary for the public convenience or welfare. 6.64 To make a variance where, by reason of an exceptional situation, surroundings, or condition of a specific piece of property, or by reason of exceptional narrowness, shallow- ness or shape of a specific piece of property of record or by reason of exceptional topographical conditions the strict application of any provision of this Ordinance would result in peculiar and exceptional practical difficulties or parti- cular hardship upon the owner of such property and amount to a practical confiscation of property, as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the regulations and provisions contained in this Ordinance. 6.65 To interpret the provisions of this ordinance where the street layout actually on the ground varies from the street layout as shown on the District Map fixing the sev- eral districts. - 59 - 6.66 The Board of Appeals shall submit to the President and Board of Trustees a written finding of fact for each appeal heard by it. 6.7 VOTE REQUIRED. In considering all appeals and all proposed variations to this Ordinance, the Board shall before making a recommendation to the President and Board of Trustees for a variation from the Ordinance in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the Village. The con— curring vote of four (4) members of the Board or a majority vote of a quorum present shall be necessary to recommend to the President and Board of Trustees to reverse any order, requirement, decision or determination of the Building Commissioner, or recommend to the President and Board of Trustees to decide in favor of the applicant any matter upon which it is authorized by this Ordinance to render a decision. ARTICLE 7 ENFORCEMENT 7.1 ENFORCEMENT. It shall be the duty of the Building Commissioner to enforce this Ordinance. It shall also be the duty of all officers and employees of the Village to assist the Building Commissioner in so doing. ARTICLE 8 AMENDMENTS 8.1 AMENDMENT OF REGULATIONS AND DISTRICTS. The regulations imposed and the districts created by this ordinance may from time to time be amended by an ordinance passed by the President and Board of Trustees of the Village after the effec— tive date of this Ordinance. No such amendment shall be made without a public hearing before the Plan Commission of the Village as same shall be constituted by the Municipal Code of the Village. The Plan Commission shall, in addition to the foregoing formulate all new zoning ordinances and comprehensive amendments to the text of this zoning ordinance, acting with the advice of the zoning ad— visors retained by the Village and at the direction of the corp— orate authorities and shall call and conduct such public hearings as are necessary in reference thereto. Said Plan Commission is designated as the Zoning Commission of the Village for all purposes provided for by the Statutes of the State of Illinois. Notice of the time and place of all public hearings provided for in this Ordinance shall be given not more than thirty (30) or less than fifteen (15) days before the hearing by publishing a notice thereof a. least once in a newspaper published or having general circulation within the Village. All written protests against any district amendment of this ordinance shall be in the form provided for by statute and shall be filed with the Village Clerk. The provisions contained in this section shall not be construed or interpreted as affecting the procedures for variations as set forth in this Ordinance nor the procedure for appeals from rulings of the Building Commissioner as set forth in this Ordinance. 8.2 Fees. Any person, firm or corporation who may hereafter file with the Village Clerk any petition praying for an amendment of the zoning regulations and districts, shall, at the time of fil- ing such petition, pay to the Village Clerk such sums as the President and Board of Trustees deem appropriate to defray the necessary costs of publication and expenses incident to the hearing of such matter. ARTICLE 9 9.1 DEFINITIONS. 9.11 RULES OF INTERPRETATION A. Words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural, the singular. B. The word "shall" is mandatory and not discretionary. C. The word "may" is permissive. D. The word "lot" shall include the words "plot," "piece," and "parcel"; the word "building" includes all structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for", 'designed for", "intended for", "maintained for", and "occupied for". E. Whenever a word or term defined hereinafter appears in the text of this code, its meaning shall be construed as set forth in the definition thereof. - 61 - 9.12 DEFINITIONS: The words defined are those which have special or limited meanings as used in the Zoning Ordinance. Words whose meanings are self-evident as used in the Zoning Ordi- nance are not defined. ACCESSORY STRUCTURE OR USE. Any structure or use, other than the principal structure or use, directly incidental to or required for the enjoyment of the permitted use of any premises; also as specifically designated under the zoning district regulations bf the Zoning Ordinance. ALTERATION. Any change or addition to the supporting members or foundation of a structure. APARTMENT. A room or suite of rooms arranged, designed for, or intended to be used as a single housekeeping unit. ATTACHED DWELLING. A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. A -WEIGHTING NETWORK. A built-in filter in the sound level meter which modifies meter response at various frequencies to approximate the sensitivity characteristics of the human ear. BEDROOM. Any room intended for sleeping purposes and having closet or storage facilities immediately attached, and does not include rooms intended as living rooms, dining rooms, kitchens, bath rooms, recreation or utility purposes. BUILDING. Any structure designed or intended for the support enclosures, shelter or protection of persons, animals, chattel or property. A mobile home is not a building. BULK. "Bulk" is a term used to indicate the size and set- backs of buildings and the location of same with respect to the lot on which situated. It includes height of the building, the amount of ground coverage on the lot which the building occupies. The lot size in relationship to the building. The maximum floor area ratio. Lot width. Required yard areas maintained around buildings or structures. BULK MATERIALS. Solid matter such as powder, grain, stone, sand, coal sulphur, etc. which has a tendency to become air- borne when not contained. =30= CAMPER TRAILER. A vehicular, portable structure built on a chassis or metal welded unit body, with a superstructure made in part or in whole of canvas, metal frame, and/or plastic or synthetic material. CLOSED CUP FLASH POINT. The lowest temperature at which a combustible liquid under prescribed conditions will give off a flammable vapor which will propagate a flame. The tag closed cup tester shall be authoritative for liquids having a flash point below 1750 F. The Pensky-Martens tester shall be authoritative for liquids having flash points between 1750 and higher. COMMERCIAL CONVENIENCE USES. Retail food shops, dress shops, gift shops, valet shops, haberdasheries, and drug stores, and personal service shops, such as beauty and barber shops, restaurants and private clubs as part of an apartment house or club -house, provided said uses are for the use of the tenants of the building or building complex in which they are located, and are accessible only through the lobby of an apartment house or club -house. No advertising or display shall be visible from the outside of the building. No ex- terior wall shall be of transparent construction. COMMERCIAL FLOOR AREA. Area of a building which is devoted to the storage and display of merchandise, the performance of consumer services, or the circulation and accommodation of customers or merchandising. COMMON OPEN SPACE. Land unoccupied by structures, buildings, streets, rights -of way, and automobile parking lots, and designed and intended for the use or enjoyment of residents of a planned development. Common Open Space may contain structures for recreational use. No area within thirty (30) feet of any building or structure, except structures used for recreational use shall be includable as a common open space. COMPREHENSIVE PLAN. The comprehensive plan comprises all the documents adopted by the Plan Commission and the Village Board as elements of the comprehensive Plan. See Ordinance 569 and amendments thereto of the Village of Elk Grove Village adopting Elk Grove Village Comprehensive Plan. CONSUMER SERVICES. Sale of any service to individual custo7erR for their own personal benefit and enjoyment and or convenience, and for fulfillment of their own personal needs. This con- templates service to the ultimate customer. For example such consumer services contemplate provision for personal services such as beautician and barbering services, the pro- vision for specialized instruction, financial, legal and medical services, laundry and dry cleaning services, and other similar services. - 63 - DECIBEL dB(a). A unit of measurement of the sound level. Sound level meters employed to measure the intensity of sound are calibrated in decibels. A decibel is technically de- fined as twenty times the logarithm to the base ten of the ratio of the sound pressure in microbars to a reference pressure of 0.0002 microbar. DENSITY. The density is a ratio determined as follows: Number of Dwelling Units (divided by) Total Lot area exclusive of all streets, public and private (Expressed in Acres) Although this ratio is defined by using lot sizes, it is also used in determining overall densities when area developments are proposed without regard to individual lots, such as in planned unit development, in which case, density is the numerical value obtained by dividing the total dwell- ing units in a development by the area of a tract of land upon which the dwelling units are located, less all areas devoted to public or private streets or ways and designated and used for vehicular traffic. DETACHED DWELLINGS. A dwelling which is entirely surrounded by open space. DISTRICT. A section of the Village of Elk Grove Village for which regulations governing the use of buildings and premises, the height of the buildings, the size of yards, and intensity of use is uniform. DUPLEX DWELLINGS. An attached dwelling having only two dwelling units. DISPLACEMENT ( EARTH). The amplitude or intensity of an earthborne vibration measured in inches. The displacement or amplitude is one-half the total earth movement. DRIVE IN ESTABLISHMENT, BANK OR RESTAURANT. An establish- ment where patrons are or can be serviced while waiting in vehicles. DWELLING AND DWELLING UNIT. A dwelling is a building pro- viding shelter, sanitation, and the amenities for permanent habitation. It does not include mobile homes, temporary lodging, or individual sleeping rooms for rent. Dwelling unit refers to that dwelling accommodation within a build- ing designed for one individual or family unit maintaining separate and independent housekeeping. - 54 - EARTHBORNE VIBRATIONS. A cyclic movement of the earth due to the propagation of mechanical energy. EQUIVALENT OPACITY. The shade on the Ringelmann Chart that most closely corresponds to the density of smoke, other than black or gray. FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth, adoption, or marriage, but no un- related group shall consist of more than three persons, as distinguished from a group occupying a boarding house, lodging house or hotel. FENCE. A fence is a structure forming a barrier at grade level between lots, between a lot and a street, or an alley between portions of a lot or lots. FLOOR AREA RATIO. The floor area ratio is determined as follows: Total Floor Area, All Floors on Lot (Sq.Ft.) (DIVIDED BY) Total Lot Area Exclusive of All Streets (Sq.Ft.) FOOT CANDLE. A unit of illumination. Technically, the illumination at all points 'one foot distant from a uniform point source of one candle power. FREE BURNING. A rate of combustion described by material which burns actively and easily supports combustion. Examples: Coal, Charcoal. FREQUENCY (VIBRATION and SOUND). Frequency is the number of oscillations per second involved in a vibration or sound. GRADE. (a) The finished grade of land area improved with a building is the elevation of the surface of the land adjoining the building. (b) The established grade of a land area whether vacant or improved is the elevation of the sidewalk at street line as fixed by the Village. HEIGHT. The vertical distance measured from the average finished grade at the front building line to the highest point of a structure. HOME OCCUPATION. Any occupation or profession conducted from a residential dwelling which involves any one of the following: 1. Uses signs. 2. Involves the rendering of service upon a person or thing on the premises. 3. Involves the storage or use of equipment or materials, -65 - other than office equipment and material in excess of '20% of the floor area of any structure or in excess of 20% of the floor area of a garage. 4. Involves the employment of persons other than resi- dents of the dwelling unit. 5. Involves the use.of more than 20% of the floor area of any structure or living unit area. 6. Involves alteration of the building or alteration to the building, or construction made or required to be made to premises other than that required for residential purposes. IMPACT NOISE. Noise of an impulse character such as from a forge hammer, punch press or metal shears. IMPULSE. Discrete vibration pulsations occurring no more often than one per second. NON-COMBUSTIBLE. A material which will not ignite; not actively support combustion during an exposure for five minutes to a temperature of 12000 F. INDUSTRY. The processing of products or raw materials. INTENSE BURNING. A rate of combustion described by a material that burns with a high degree of activity and is consumed rapidly. Examples: sawdust, magnesium (powder, flaked, or strips), rocket fuels. JUNK YARD. Any parcel of land or structure where waste, scrap, metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, dissassembled, handled, including auto and building wrecking yards, but not including the purchase or storage of used furniture and household equip- ment, used cars in operable condition, used or salvaged materials as part of manufacturing operations. LABORATORY. A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manu- facturing, assembling, or sale of products, except as inci- dental to the main purpose of the laboratory. LAND USE AND ZONING PLAT. A drawing or map made to a measurable scale upon which is presented a description and definition of the way in which the design requirements of the planned development are to be met. - 66 - LOT. A subdivided parcel of land under one ownership devoted to a common use or occupied by a single or principal building plus accessory structures, and which is shown as a lot on a recorded and approved plat of subdivision. CORNER LOT: A lot which abuts on two (2) inter- secting streets. DOUBLE -FRONTAGE LOT:, Any lot other than a corner lot which abuts on two (2) streets. LOT LINE: The dividing lines between a public way and an abutting lot or between lots. MODERATE BURNING. A rate of combustion described by a material which supportscombustion and is consumed slowly as it burns. Examples: Wood timber and logs. MOTORIZED HOME. A portable dwelling designed and constructed as integral part of a self-propelled vehicle. MULTI -FAMILY DWELLING UNITS. Units enclosed in a building designed and arranged for or occupied by more than one family. NON -CONFORMING STRUCTURE OR USE. A structure or use of any premises which does not conform with all applicable provisions of the Zoning Ordinance but which legally existed at the time of the adoption or amendment of the Zoning Ordinance. NON -RETAIL COMMERCIAL. Commercial sales and services to customers who intend resale of the products or merchandise, sold or handled or to customers who are industrial, commercial institutional or professional users. For example: Non -retail commercial would include wholesaling and warehousing. NURSING HOME. A building or part thereof used for the lodging, boarding and nursing care, on a 24-hour basis, of three (3) or more persons, who, because of mental or physical incapacity, may be unable to provide for their own needs and safety without the assistance of other persons. ODOR THRESHOLD. The lowest concentration of odorous matter in air that will produce an olfactory response in a human being. Odor thresholds shall be determined in accordance with ASTM METHOD D1341-57, Standard Method for Measurement of Odor in Atmospheres (Dilution Method). ODOROUS MATTER. Any material that produces an olfactory response among human beings. OFFICIAL MAP. The map adopted as the official map by Ordinance No. 570 of the Village of Elk Grove Village, or any amending ordinance thereto. OUTDOOR. Outdoor refers to that which is not within a building. - 67 - PARTICULATE MATTER. Material other than water which is suspended in or discharged into the atmosphere in a finely divided form as a liquid or solid at outdoor ambient conditions. PLANNED DEVELOPMENT. A tract of land which is planned and developed under the planned development procedures of Article 4 of this Ordinance. PICK-UP COACH. A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational or vacation uses. PILOT PLANT. A building or group of buildings in which a test, sample, or experimental manufacturing or assembling is operated until such time as the process is perfected. This use is not to provide for the continuing operation of a manufacturing or assembling use. PREMISES. A lot or other tract of land under one ownership of all the structures on it. PROCESSING. Manufacturing, fabricating, assembly, repairing, cleaning, servicing, testing, and any other similar original or restorative treatment applied to materials, products or.goods. RECREATIONAL USES. Indoor -Outdoor functions oriented to health, sports or other passive or active similar amusement activities. RESTAURANT, DRIVE-IN. An establishment or part thereof in which food or drink is prepared, facilities are provided to serve customers, or to consume commodities, or both, intended to occur primarily in patrons' automobiles, parked on the premises, or at tables out of doors on the premises. RESTAURANT, CARRY OUT. An establishment or part thereof in which are provided facilities to serve customers intended for consumption off the premises. RESTAURANT. An establishment, or part thereof, in which food or drink is prepared, served and consumed, within a building, serving or consuming food or drink outside the building on the premises is prohibited, except that nothing herein con- tained shall prevent a carry out service for the consumption of food and drink off the premises. RETAIL SALES. Sale of any product or merchandise to cus- tomers for their own personal consumption or use, not for resale. RINGELMANN CHART. A chart described by the U.S. Bureau of Mines in their Information Circular No.8333 , upon which are illustrated graduated shades of gray for use in estimating the light obscuration capacity of smoke. SHOPPING CENTER. A shopping center is a business develop- ment containing four or more indoor retail stores or uses developed under one ownership with an integrated building arrangement, having an aggregated floor area more than 20,000 square feet, which development shall be considered as a single unit. SLOW BURNING. A rate of combustion which describes materials that do not in themselves constitute an active fuel for the spread of combustion. Example: Wood, materials with fire - retardant treatments. SMOKE. Small gas -borne particles, resulting from incomplete combustion, consisting predominently, but not exclusively, of carbon, ash and other combustible material that form a visible plume in the air. SOUND LEVEL METER. An instrument designed to measure sound pressure levels and constructed in accordance with the re- quirements for General Purpose Sound Level Meters published in the American National Standards Institute Standard No. SI.4-1971 or its latest revision. SOUND PRESSURE LEVEL. The intensity of sound or noise in decibels. SPECIAL USE. A use which must receive special approval as set forth in the Special Use Regulations herein in order to be permitted in a zoning district. STAC17TNG SPACE. A paved area, 9 feet x 20 feet, reserved for and devoted to the temporary parking of automobiles in process of changing passengers or waiting for the performance of a service. STREET. Any highway or other public traffic -carrying way. An arterial street is any numbered federal, state, or county highway unless otherwise designated by the Plan Commission. It includes all paved portions and any part of the right-of-way as well. STREET, PRIVATE. Any street not owned by or dedicated to any governmental agency. STRUCTURE. Any combination of materials assembled to perform a function in a fixed location of land; includes buildings. SWIMMING POOL. A swimming pool is a structure for water holding an excess of 200 gallons and having a depth at any point of more than three (3) feet intended for the purpose of emersion or partial emersion of human beings, and includ- ing all appurtent equipment constructed, installed, and maintained in or above ground. THREE COMPONENT MEASURING SYSTEM. A three -component measur- ing system is an instrument or complement of instruments which records earthborne vibration simultaneously in three (3) mutually perpendicular directions. TOXIC MATTER. Materials which are capable of causing injury to living organism by chemical means when present in relatively small amounts. TRAVEL -TRAILER. A vehicular mobile structure, built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation uses, permanently identified "travel -trailer". USE. Use refers to all activities which take place on any land or.premises and also refers to the structures located thereon and used for those activities. UNIFIED CONTROL. A combination of two or more tracts of land wherein each ou-ner has agreed that his tract of land shall be developed as part of a planned development and shall be subject to the control applicable to the planned development. VARIATION. A departure from the strict conformance with the dimension and area regulations which must first receive the approval of the President and Board of Trustees,upon a showing of hardship in accordance with the Rules and Procedures of the State of Illinois. VEHICLE & EQUIPMENT STORAGE AREA. An area, near or adjacent to a principal structure, which is utilized for the permanent parking, housing or storage of vehicles, accessory equipment and the like, used in the trade, industry or business of the owner or lessee of the premises. VIBRATION. The periodic displacement of the ground measured in inches. YARD. The open space surrounding the principal or accessory building on any lot, unoccupied and unobstructed by any portion of that building from the ground to the sky except where specifically permitted by this Zoning Ordinance (See Section 3.5). Yards are further defined as follows: - 70 - FRONT YARD. That portion of the yard extending the full width of the lot and measured between the front lot line and a parallel line tangent to the nearest part of the principal or accessory building, which line shall be designated as the front yard line. REAR YARD. That portion of the yard extending the full width of the lot measured between the rear lot line and a parallel line tangent to the nearest part of the principal or accessory building. SIDE YARDS. Those portions of the yard extending from the front yard to the rear yard and measured between the side lot lines and parallel lines tangent to the nearest parts of the principal or accessory building. WHOLESALE ESTABLISHMENT. A business which sells goods to retailers or jobbers for resale and not for direct consumption. ZONING MAP. The map or maps incorporated in this Code and made a part thereof, Exhibit A. ARTICLE 10 SEPARABILITY SEPARABILITY. Should any section, provision, part or clause 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 part thereof other than the part so declared to be invalid. ARTTCT.F. 1 I This Ordinance is a comprehensive amendment to the Elk Grove Village Zoning Ordinance existing at the time of its passage. The provisions hereof shall supersede all provisions of any previous ordinances of the Village which are contradictory to its terms. ARTTCT.F 12 VIOLATION AND PENALTY 12.1 Penalty. Any person, firm 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 upon conviction thereof, be fined not less than Five Dollars ($5.00) nor more than Five Hundred Dollars ($500.00) for each and every offense. A separate offense shall be deemed committed on each day a violation occurs or. continues. - 71 - 12.2 Additional Remedies. 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, the Village Attorney, in addition to other remedies, may institute any proper action or proceedings, in the name of the Village to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about said premises. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law and ordinance of the Village of Elk Grove Village. Passed this 19th day of December , 1972, Approved this 19th d ay, of December 1972. Charles J. btte Village Pr siden Attested this 19th clay of. Richard A. McGrenera, Village Clerk December , 1972. Published in Pamphlet Form this 27th day of December , 1972, pursuant to the authority of the President and Board of Trustees, Village of Elk Grove Village, Cook and DuPage Counties, Illinois. 72 _.