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HomeMy WebLinkAboutORDINANCE - 508 - 11/14/1967 - PROVIDE FOR R-4 DISTORDINANCE NO. y� AN 'ORDINANCE PROVIDING FOR AN R-4 DISTRICT AND FOR PLANNED DEVELOPMENT AS A SPECIAL USE AMENDING THE ELK GROVEIVILLAGE ZONING ORDINANCE NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees, Village of Elk Grove Village, Counties of Cook and DuPage: Section 1. That Section 2 of Article III of the Elk Grove Village Zoning Ordinance be amended on Page 10 thereof so as to add to the listed special uses; Planned Developments in Zoning Districts as Permitted Section 2. That Article III of the E k Grove Village Zoning Ordinance be amended by adding thereto the following; Section 3. Definitions Applicable to Planned Developments Only. 1. Common Open Space - Land unoccupied by structures, buildings streets, rights of way and automobile parking lots and designed and in- tended 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 a structure used for recreational use shall be includable as common open space. 2. 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 clubhouse 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 apart- ment house or clubhouse. No advertising or display shall be visable from the outside of the building. No exterior walls shall be of transparent construction. 3• Density - The numerical value obtained by dividing the total dwelling units in a development by the gross area of the tract of land upon which the dwelling units are located. 4. Dwelling, Attached - A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. 5, Dwelling, Detached - A dwelling which is entirely surrounded by open space. 6. Dwelling, Duplex - An attached dwelling having two dwelling units. 7. Dwelling Unit - Accomodations within a building containing one or more rooms designed for occupancy by one family or a single individual for living purposes and having its own permanently installed cooking and sanitary facilities. 8. 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. 9. Planned Development - A tract of land which is developed as a unit utder single ownership or unified control, which includes two or more principal buildings or uses, and is processed under the planned development procedure of this ordinance. 10. Recreational Uses - Indoor or outdoor functions oriented to health, sperts or other passive or active amusement activities. 11. '7nified Control - The combination of two or more tracts of land wherein each owner has agreed that his tract of land shall be de- veloped as ?art of a planned development and shall be subject to the control app:icable to the planned development. Section 3. That the Elk Grove Village Zoning Ordinance be amended by adding thereto the following: ARTICLE VIIA R-4 Residence District Section 1. Uses Permitted - The uses permitted in the R-4 Residence District are: A. Uses permitted in the R-3 Residential District subject to all regulations Pertaining thereto. B. Public or private parks, playgrounds, community buildings, golf courses, tennis courts, swimming pools, skating rinks, athletic fields, and lakes. C. Agricultural uses excluding animal husbandry. D. Any combination of detached dwelling units, attached dwelling units, apartments and commercial convenience uses as a planned develop- ment provided a special use permit is issued pursuant to Section 2, Article XIV of this orlinance and provided also that Section 2 of the Article is adhered to. E. A,;cessory buildings including club houses, riding stables, tool equipment housing, and other recreational uses as part of a planned development. - 2 - Section 2. Regulations pertaining to planned develop ments in the R-4 District: A. Density shall not exceed five (5) dwelling units per acre. B. Forty-five percent (45%) or more of all dwelling units shall be either single family attached or single family detached dwelling units, half of said dwelling units shall be single family detached dwelling units. Forty percent (40%) of the land area of the planned development shall be devoted to detached dwelling units. C. All detached dwelling units shall be placed on sub- divided lots and all such development shall adhere to the requirements of the R-3 zoning district. D. All duplex dwelling units shall be placed on sub- divided lots and adhere to all requirements in the A-1 Duplex Zoning district of this ordinance. E. Regulation of areas in the Planned Development not governed by paragraphs C and D above. 1. Fifty percent (50%) or more of said area shall remain common open space. 2. No building shall be placed within fifteen (15) feet of any street, road, public right-of-way, or parking lot for motor vehicles. Delivery and service lanes are not excluded. 3. Space between buildings. (a) The space between one story buildings, two story buildings or one and two story buildings shall be a minimum of fifteen (15) feet. (b) The minimum distance between buildings of any other classification shall be equal to the height of the taller buildings. F. No attached dwelling shall contain more than eight (8) dwelling units. (This requirement shall not apply to apartment buildings.) G. Two (2) automobile off-street parking spaces shall be required for each dwelling unit. H. 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 (3) story building where the second and third stories are used as one dwelling unit. - 3 - I. The number of apartment and single family attached dwelling units shall not exceed the number of single family detached dwelling units until sixty (60%) percent of the latter have been constructed. J. All common open space shall be conveyed to a municipal or Public corporation, or to a non -for-profit corporation or like entity established for the purpose of benefiting the owners and residents of the planned development. All lands conveyed to a non -for-profit corporation or like entity, shall be subject to the right of said corporation to impose a legally enforceable lien for maintenance and improvement of the common open space. K. Public improvements made necessary as a result of the planned development shall be first ascertained by the Village and either constructed in advance of the approval of the final plat or escrow deposits shall be made with the Village Treasurer to guarantee said improvements or performance bonds satisfactory to the Village shall be deposited. Section 4. That Article XIV of the Elk Grove Village Zoning Ordinance be amended by adding thereto the following: Section 2. Planned Development - Special Use Permits A. Purpose. Planned development as a special use is included in this Zoning Ordinance for the purpose of encouraging the planning of large tracts of land so as to more efficiently and desirably use same, to encourage the permanent preservation of common open space, better develop- ment and design, and the construction of recreational facili- ties and aesthetic amenities. B. Eligibility requirements and necessary findings of fact required to permit the granting of same for a special use permit. 1. A tract of land under single ownership and/or unified control having not less than one hundred (100) acres and parcels adjoining such tracts ten (10) acres or more in size provided same are planned as part of the planned development. 2. Land use and zoning plats in conformity with the stated purpose of a planned development. 3. Legal guarantees to insure the preservation of common open space and the maintenance and improvement of same. 4. Conformity with the Village Plan. 5• That the Special Use be permitted in the Zoning District within which the land is located. C. Procedure 1. Applications for a special use permit for a planned development shall be made on forms provided by the Village and shall be accompanied by a preliminary land use and zoning plat certified by the Village Planner as being in accordance with this ordinance. - 4 - 2. Upon receipt of a preliminary plat so certified the President and Board of Trustees shall refer same together with the application to the Plan Commission for public hearing, report and recommendation as to whether or not the President and Board of Trustees should issue the special use permit applied for. 3. All ordinances authorizing the President to issue a special use permit for a planned development shall be effective only upon the recording of the land use and zoning preliminary plat with the Recorder of Deeds or Registrars of Title as applicable. No building permit, however, shall issue for any structure until the approval of a final plat, which shall upon approval also be recorded or registered as applicable in the Office of the County Recorder of Deeds. 4. The purpose of the land use and zoning plat is to designate with particularity the land subdivided into conventional lots as well as the division of other lands not so treated into common open areas and building areas. The preliminary plat shall generall locate buildings whereas the final plat shall show the exact location of each building. The recording of same shall inform all who deal with the planned development of the restrictions placed upon the land and act as a zoning control device. 5. All applications to amend the preliminaryland use and zoning plat shall be proceduraly treated as if it were an initial ap- plication. All final plats shall conform to the preliminary plats. D. Specific contents of the .preliminary land use and zoning plat. 1. An accurate legal description of the area of the planned development. 2. An accurate survey of the area included in the planned development, and also a showing as to all existing or dedicated streets within 1,000 feet of the planned development. 3. Delineati6n of all subdivided lots. 4. Density, land use allocation information, and data concerning the bulk of buildings and structures as required by Village forms. 5. Development and construction time schedules. 6. As to non -subdivided land. (a) Designaticn of common open space, parking lots, roads, schools, public lands, lake areas and recreational areas. -5- (b) The location of the various uses, number and type of dwelling units and the general location of each building. (c) Heights of all structures in excess of two stories or thirty five (35) feet. (d) language of regulation to insure compliance with the plan. (e) The plat shall be drawn to a scale of one (1) inch to one hundred (100) feet, unless a more convenient scale shall be approved by the Village Planner. Said plat shall be certified true and correct by an Illinois registered land surveyor. E. Specific contents of the final land use and zoning plat. 1. An accurate legal description of the area under immediate development within the planned development. 2. An accurate survey of said area. 3. A subdivision plat of all subdivided lots within said area of immediate development. 4. Conformance with the preliminary land use and zoning plat. 5. The exact location of each structure to be constructed. F. All questions of interpretation and application shall be determined by the Plan Commission at a public hearing called for said purpose. Section 5. That any person, form or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than One Hundred ($100) Dollars for each offense, and each day that a violation is permitted to exist shall constitute a separate offense. Section 6. That this ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. PASSED this 14th day of November, 1967. APPROVED this 14th day of November, 1967. Jack D. Pahl Village President ATTEST: Eleanor G. Turner Village Clerk Published this 19th day of November, 1967 in the Elk Grove Herald and DuPage County Register. - 6 -