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Home My WebLink AboutORDINANCE - 20 - 7/8/1957 - ZONING ORDINANCEt% 67 �. 55 i d t +L� GRAVE VIE4PGE -�� `:dry �,EY, G pRP1SiPNG� ru Zp d amen #. � i t 1 K Y 5 a � k aut�QritY P Ind Pard A h r u ZONING ORDININCE OF FLY. GROVE V1LLAr'r FABLE OF CONTENTS PAGE ARTICLE I TITLE .................................................. 1 ARTICLE II OBJECTS AND PURPOSE .................................... 1 ARTICLE III INSTRUCTIONS AND DEFILIITIONS ........................... 3 ARTICLE-" IV DISTRICTS AND BOUNDARIES THEREOF'..., ...... 11 6 ARTICLE V "P,-1" TWENTY THOUSAND SQUARE FOOT SINGLE-FAMILY DWELL- ING DISTRICT REGULATIONS ............................... 16 ARTICLE VI "R-2" TEN 1HOUSAND SQUARE FOOT SINGLE-FAMILY DWELLING DISTRICT REGULATIONS ................................... 19 ARTICLE VII 11R-3" SEVEN TIIOLISA14D FIVE HUNDRED SQUARE FOOT SINGLE- FAMILY DWELLING DISTRICT REGULATIONS ................... 21 ARTICLE VII -A "R-4" RESIDENCE DISTRICT ........... I ....... I ....... I... 22 ARTICLE VIII "A-1" DUPLEX DWELLING DISTRICT ......................... 2.2 c ARTICLE IX "A-2" MULTIPLE FAMILY APARTMENT DISTRICT REGULATIONS,,. 24 ARTICLE Y, "B-1" BUSINESS DISTRICT REGULATIONS .................... 26 ARTICLF XI "B-2" BUSINESS DISTRICT REGULATIONS .................... 32 ARTICLE XII "P1-1" LIGHT INDUSTRIAL. DISTRICT REGULATIONS............ 33 ARTICLE XII -A "M-2" HEAVY INDUSTRIAL DISTRICT REGULAIIMS... ......... 36 ARTICLE XII -B GENERAL REQUIREMENTS APPLYING TO ALL MANUFACTURING DISTRICTS .............................................. 38 ARTICLE Xi 11 NON -CONFORMING USES .................................... LFI, ARTICLE XIV SPECIAL. USES ........................................... 45 ARTICLE XV EXCEPTIONS AND VARIATIONS TO THE HEIGHT AND AREA REG,ULAlIOHS............................................ 46 J ARTICLE XVI BOARD OF APPEALS ....................................... 48 ARTICLE ?;VII ENFORCEMENT ............................................ 53 ARTICLE XVIII AMENDMENTS ............................................. 53 ARTICLE XIX SEPARABILITY ........................................... 55 ARTICLE XX VIOLATION AND PEPAM................................... 55 ORDINANCE N0, 20 AN ORDINANCE to regulate and limit the height and bulk of buildings; to regulate and limit the intensity of the use of lot areas, and to regulate and determine the areas of open spaces within and surrounding such buildings; to classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential and other uses; to divide the entire Village of Elk Grove Village into districts for the purpose of this ordinance; to fix standards to which buildings or structures shall conform; to prohibit uses, buildings or structures incom- patible with the character of such districts respectively; and to prevent additions to and alterations or remodeling of exist- ing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed hereunder, and to provide penalties for violation hereof. BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE, COOK COUNTY, ILLINOIS, that: ARTICLE I. TITLE This ordinance shall be known, cited and referred to as the "Elk Grove Village Zoning Ordinance", ARTICLE Il. OBJECTS AND PURPOSE This ordinance is adopted for the following purposes: (1) To promote and protect the public health, safety, morals, comfort, convenience and the general welfare of the people; (2) To divide the village into districts restricting and regulating therein the location, construction, reconstruction, alteration, and use of buildings, structures, and land for residence, business, manufacturing and other specified use; (3) To protect the character and maintain the stability of residential, business and manufacturing ares within the, Village, and to promote the orderly development of such areas; (it) To provide adequac light, air, privacy, and cahvenience of access 0 to property; (5) To regulate the intensity of use of lots, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air and protect the public health; (6) To establish building lines and the location of buildings or other uses AM said 1 ines; (7) To fix reasonable standards to which buildings and structures shall conform; (8) 'To prohibit uses, buildings and structures which are incompatible with the character and development or the permitted uses within specified zoning districts; (9) To prevent such additions to, and alterations or remodeling of existing buildings or structures that would not comply with the restrictions and limitations imposed hereunder; (10) To limit congestion in the public streets and so protect the public health, safety, convenience and the general welfare by providing for off• -street parking of motor vehicles; (11) To provide protection against: fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort and the general welfare; (12) To prevent the overcrowding of land and undue concentration of structures by regulating the use and the bulk of buildings in relation to the land surrounding them; (13) To conserve the taxable value of land and buildings throughout the Village; and (14) To define and limit the powers and duties of the administrative officers and bodies as provided 'herein. 2. ARTICLE III_ CONSIRUCTION AND DEFINITIONS Section 1. Rules of Construction. In the construction of this ordinance, the rules and definitions contained in this section shall be observed and applied exceptwhen repugnant to the context of any provision. Nothing contained in this ordinance shall be deemed or construed to be a consent, license or permit: to use any property or to locate, construct or main- tain any building, structure or facility or to carry on any trade, industry, occupation or activity. The provisions in the Elk Grove Village Ordinance are cumulative and additional limitations upon all other laws and ordinances hereto- fore passed or which may be passed hereafter, governing any subject matter in the Elk Grove Village Ordinance. Words in the present tense include the future; the singular number includes the plural and the plural the singular; the word "shall" is mandatory. Section 2. DeFlcitions. Accessory Buildings: A subordinate building or a portion of the main building, the use of which is incidental to that of the main building or to the main use of the premises. Alley_ A public or private thoroughfare which affords only a secondary means of access to property abutting thereon. Apartment: A room or suite of rooms, arranged, designed, used for and intended to be used as a single housekeeping unit. artment House: A building other than a duplex residence in which there are two or more apartments. Automobile_Conound_ Any land area located on the lot, piece or parcel on which any residence is located, or on contiguous land areas on which group houses are located, used or intended to be used for the storage of private passenger automobiles of the occupants of the residence or group houses: Auxiliary Use: A use customarily incidental and accessory to the permitted use of a building or land area. Billboard: Any structure affixed to the surface of the land, designed, arranged, used or intended to be used exclusively for a sign. Boarding or Lodging House; A residence in which table board or sleeping accommodations, or both, are provided for compensation for any person who is not a member of the keeper's family. Block: All that part of one side of a street which is between two inter - setting or intercepting streets, or between an intersecting or intercepting street and a railroad right of way or waterway. BuiIdinq: Any structure designed or intended for the support, enclosure shelter or protection of persons, animals, chattels or property, with substantial walls and roof securely affixed to land and entirely separated on all sides from any similar structure by space or by walls in which there are no communicating doors, windows or similar openings. Cellar: A story having more than one-half g Q) of its height below grade. A cellar is not included in computing the number of stories for the purpose of measuring height. District: A section or sections of the Village of Elk Grove Village for which the regulations governing the use of buildings and premises, the height of buildings, the size of yards, and intensity of use are uniform. Dwelling - Single Family: A building designed for or occupied exclusively by one family. Dwellin Duplex - TwoFamily_ A building entirely separated from any other building by space, designed, arranged, used or intended to be used as two apartments one of which is on a floor or floors above the other. Dwelling - Multiple: A building designed and arranged for or occupied exclusively by more than two families. J+. Family One or more persons occupying a premises and living as a single housekeeping unit, whether or riot related to each other by birth, adoption, or marriage, but no unrelated group shall consist of more than five (5) persons, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined. Fillinq Statior: Any building or premises used for the dispensing, sale or offering for sale at retail of any automobile fuels or oils. When the dis- pensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage. Floor Area Ratio: The Floor Area Ratio shall be determined as follows: Total Floor Area, All Floors on the Building Lot (expressed in square feet) ___Divided By _ Total Lot Area Exclusive of All Streets (expressed in square feet) Frontage: All property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street. Garage -__Lr i va te: A private garage is a compartment within or attached to a residence, or any building located on a land area on which a residence is located, designed, arranged, used or intended to be used for the storage of the private passenger automobiles of the occupants of the residence. Garage --Public: Any building, other than a private or community garage designed, arranged, used or intended to be used for the storage of motor vehicles, other than trucks, tractors, truck trailers and commercial vehicles exceed two-ton capacity. Grade: (a) The finished grade of a land area improved with a building is the elevation of the surface of the land adjoining the building. (Section 2 - floor Area Ratio added by Ord. //607 passed March 25, 1969.) 5• (b) The established grade of a land area whether vacant or improved is the elevation of the sidewalk at the street line as fixed by the Village. Ground Area of Building_ The area of the ground bounded by lines projected to include all walls, bays, balustrades, belt courses, cornices, fences, fire escapes and other fixtures (excepting entrance canopies, fences on lot lines adjoining alleys, Business and Manufacturing boundary lines, and elsewhere fences of railings, wire, rods or similar construction so as not to shut out light) extending more than four (4) feet above the finished grade of the land area which are not open to a public way. Height of_Buildinw.. The vertical distance measured, in the case of flat roofs, from the mean level of the established grade to the level of the highest point of the underside of the ceiling beams adjacent to the street, and in the case of a pitched roof, from the mean level of the established grade to the mean level of the underside of the rafters of the gable. Where a building is set back from the street line, the mean level of the finished grade at the street wall may be substituted as the base. Home Occupation_ Any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a name plate not more than one (1) square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed there other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is permissable for purely domestic or household purposes. Hotcl_ A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding or lodging house. N Institution: A building occupied by a non-profit corporation or a non-profit establishment for public use. Lands: An area of land which is unsubdivided of record, Lot: An area of land designed as a lot on a plat of subdivision, recorded or registered pursuant to statute. Each such lot may be occupied or intended for occupancy by a use permitted in this Ordinance, including one (1) main building together with its accessory buildings, the open spaces and parking spaces required by this ordinance, and having its principal frontage upon a street or upon an officially approved place. Lot, Corner: A lot abutting upon two (2) or more streets at their intersection. Lots, Depth of: The mean horizontal distance between the front and rear lot lines. L.ot, Double Frontage: A lot having a frontage on two (2) non -intersecting streets, as distinguished from a corner lot. Lot Lines: The dividing lines between a public way and an abutting lot, piece or parcel or the projected dividing lines between lots, pieces and parcels without regard to any recorded plat. The front lot line is the front street line. The rear lot line is the lot line most nearly parallel to the front lot line. Other lines are side lot lines. Manufacturint or Industry: Any use in which the major activity is the treatment, processing, rebuilding, repairing or wholesale storage of material, products or items and where the finished product is not acquired by the ultimate user on the premises, as distinguished from a retail use where the treatment, processing, repairing or storage is secondary to the sale, exchange or repairing of materials or products on the premises. Motel: A building in which lodging is provided and offered primarily for automobile transients for compensation and providing parking facilities. Non -Conforming Use;_ Any building or land lawfully occupied by a use at the time of the passage of this Zoning Ordinance, which does not conform thereto with 7. tjie use regulations of the district in which it is situated. Nursing llonie: 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 another person. Parcel: Two or more pieces or a lot intended to be used as a unit. Parking Lot_ Any land area used or intended to be used for the storage of passenger automobiles and commercial vehicles under two -tan capacity. Parking Space; A durably surfaced area, enclosed in the main building, in an accessory building, or unenclosed, sufficient in size to store one (1) standard automobile, and if the space is unenclosed comprising an area of not less than one hundred fifty-two square feet (152) (eight by nineteen feet (8'xl9')), exclusive of a durably surfaced driveway connecting the parking space with a street or alley and permitting satisfactory ingress and egress of an automobile. Rooming Hou=e_ A building or place where lodging is provided (or which is equipped regularly to provide lodging) by prearrangement for a definite period, for compensation, for three (3) or more, but not exceeding twelve (12) individuals, not open to transient guests, in contradistinction to hotels open to transients. Row House: A group of two (2) or more single family dwellings separated by walls without openings, not more than two rooms deep. Service Establishments; Shops wherein the major activities are the repair and maintenance of wearing apparel, sporting goods, and articles for use in the home including household appliances. Siqn: An advertisement, announcement, mark of identification or symbol attached to, painted or illuminated, directly or indirectly, upon any land or building excepting the flag, emblem or insignia of a nation, political unit, school or religious group. Specia-I Use: Any of the following uses: Airport; (Section 2--- IJursing-Notne i',dded-by Ord. 61607 passed March 25, 1969.) S. Bus terminal, bus q iqe, bus lot; Cemetery; Hospital or sanitarium for the care of contagious diseases or incurable patients; Institution for the care of the insane or feeble-minded; Municipal recreation building or community center; Parking lot; Planned Developments in Zoning Districts as permitted; Police station, fire station, or place for storage of municipal equipment; Public park or playground; Public service water reservoir, filtration plant or pumping station; Public utility plant, central or institutional light, heat or power plant; Radio antenna towers; Railroad right of way or passenger station; Telephone Exchange. Stable: (a) a private stable is any building located on a land area o which a residence is located, designed, arranged, used or intended to be used for housing horses and horse-drawn passenger vehicles for the private use of the occupants of the residence; (b) A livery stable is any building other than a private stable designed, arranged, used or intended to be used for the storage of horses and horse-drawn vehicles or either of them. Street: A public way other than an alley. Street—Line: A dividing line between a lot, tract or parcel of land and a contiguous street. Structure_ Anything constructed or erected, that use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, back stops for tennis courts and pergolas. (Article III, Section 2, Special Use amended by Ord. 1508 passed 11/14/67.) y, Tourist or Trailer Camp_ An area containing one (1) or more structures designed or intended to be used as temporary living facilities of two or more families, and intended primarily for automobile transients or providing spaces where two (2) or more tents or auto trailers can be or are intended to be parked. Trailer: Any structure used for living, sleeping, business or storage purposes, having no foundation other than wheels, blocks, skids, jacks, horses, or skirtings and which is, has been, or reasonably can be, equipped with wheels or other devices for transporting the structure from place to place, whether by motive power or other means. The term "trailer" shall include camp car and house car. Yard: An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of the front yard, or the depth of a rear yard, the mean horizontal distance between the lot line and the main building shall be used. Yard. runt: A yard extending across the front of a lot between the side yard lines, and being the minimum horizontal distance between the street line and the main building or any projection thereof other than the projection of the usual steps. Yard, Rear: A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps. On corner lots the rear yard shall be considered parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposidte end of the lot from the front yard. Yard, Side_ A yard between the main building and side line of the lot and extending from the front lot line to thee rear yard line. 10. Section 3. Definitions Applicable to Planned Developments On 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 a structure used for recreational use shall be includable as common open space. 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 apartment house or clubhouse. No advertising or display shall be visable from the outside of the building. No exterior walls shall be of transparent construction. 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. Dwelling LAttached-: A dwelling which is joined to another dwelling at one or more sides by a party wall or walls. Dwell_inc�_Detached_ A dwelling which is entirely surrounded by open space. Dwelling, Duplex: An attached dwelling having two dwelling units. 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. 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. (Article III, Section 3 added by Ord. #508 passed on 11/14/67.) Planned Development: A tract of land which is developed as a unit under 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. Recreational Uses_ Indoor or outdoor functions oriented to health, sports or other passive or active amusement activities. Unified Control: The combination of two or more tracts of land wherein each owner 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. lla. ARTICLE IV, DISTRICTS AND BOUNDARIES THEREOF Section 1. District Classification=2LaLPs, For the purpose of regulating and limiting the use of land areas and buildings and the erection, restoration and alteration of buildings and the erection of additions thereto so as to secure adequate light, pure air and safety from fire and other dangers, to conserve the taxable value of land buildings throughout the Village, to lessen or avoid congestion in the public street and otherwise to promote the public health, safety, comfort, morals and welfare of the inhabitants, the Village of Elk Grove Village hereby Is divided into nine (9) use districts as shown on the accompanying map, which is made a part of this ordinance. ion 2. Use Districts. The following use districts designated on the map hereby are established as follows: 111-1" Twenty Thousand Square Foot Single -Family Dwelling District "R.-2" Ten Thousand Square Foot Single -Family Dwelling District "R-3" Seven Thousand Five Hundred Square Foot Single -Family Dwelling District "A-1" Duplex Dwelling District "A-2" Multiple Family Dwelling District "B-1" Business District "B-2" Business District "M-1" Light Industrial District "M-2" Heavy Industrial District Except as hereinafter provided: (a) No building shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used except for a purpose permitted in the district in which the building or land is located. (Section 2 of Article IV amended by Ord. No. 81 passed 11/4/58) lib. (b) No building shall be erected, converged, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located. (c) No building shall be erected, converted, enlarged, reconstructed, or structurally altered except in conformity with the area regulations or the district in which the building is located. (d) The minimum yards and other open spaces, including lot area per family, required by this Ordinance for each and every building existing at the time of passage of this Ordinance or for any building hereafter erected shall not be encroached upon or considered as yard or open space requirernents for any other building. (e) Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one (1) main building on one (1) lot unless otherwise provided in this Ordinance. Section 3. Boundaries - Rules Where_ Uncertainty May Arise. Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying made a part of this Ordinance, the following rules apply: (1) -The district boundaries are either streets or alleys unless otherwise shown and where the districts designated on the map accompanying and made a part of this Ordinance are bounded approximately by street or alley lines, the street or alley shall be construed to be the boundary of the district. (2) Where district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, and where the districts designated on the map accompanying and made a part of this ordinance are bounded approximately by lot lines, the lot lines shall be construed to be the boundary of the districts unless the boundaries are otherwise indicated on the map. 12. (3) In unsuhdivided property the district boundary lines on the map accompanying and made a part of this Ordinance shall be determined by use of the scale appearing on the map. (4) The boundaries of the districts are shown upon the map which is made a part of this Ordinance, which map is designated as the "District Map". The district map and all notations, references and other information shown thereon are a part of this Ordinance and have the same force and effect as if the District Map and all the notations, references and other information shown thereon were all fully set forth or described herein, the original of which District Map is properly attested and is on file with the Clerk of the Village. Section It. Annexed Lands - Classification. All property hereafter annexed to the Village shall be classifed as "R-1" Twenty Thousand Square Foot Single -Family Dwelling District until this classification is changed by amendment to this ordinance; provided, however, that the property lying within the following described territory, viz: That part of Sections 27 and 34, Township 41 North, Range 11, East of the 3rd Principal Meridian described as follows: Commencing at the intersection of the West line of said Section 27 and the center line of Landmeier Road and running thence Southeasterly and Easterly along said center line of Landmeier Road to the East line of said Section 27•, thence South along the East line of said Section 27 and 34 to the Southeast corner of Section 34; thence West along the South line of said Section 34 to the West line of the East half of the Southeast quarter of said Section 34; thence North along the West line of East half of the Southeast quarter of Section 34 to the Southeast corner of the Northwest quarter of the South- east quarter of said Section 34; thence West along the South line of the Northwest quarter of the Southeast quarter of Section 34 and the North line of the South half of the Southwest quarter of said Section 34 to the East line of the following described parcel: commencing at the Southwest corner of said Section 34; th--nce East on the Township line 1939. 75 feet for a point of beginning; thence Horth paraliel to the !,lest line of the Southwest quarter of the Southeast quarter of said Section 34, 1331. 98 feet to the North line of the South half of the Southwest quarter of Section 34; thence East along the North line of the South half of the Southwest quarter of Section 34, 6711. 80 feet, thence South parallel to the West line of the Southwest quarter of the Southeast: quarter of said Section 34, 1331. 85 feet to the Township 13. line; thence West on the Township line 674. 80 feet to the point of beginning; thence South along the East line of the last described parcel to the South line of said Section 34; thence West along the South line of said Section 34 to a point 1264. 95 feet East of the Southwest corner of said Section 34; thence North along a line parallel to the West line of the Southeast quarter of said Section 3Lt to the South line of the North 245.83 feet of the South 409.77 feet of the North half of the Southwest quarter Section 34; thence %lest along said South line of the North 245.83 feet of the South 409.77 feet of the North half of the Southwest quarter of Section 34 to the East line of the West 421.99 feet of the North 245.83 feet of the South 409.77 feet of the North half of the Southwest quarter of Section 34; thence North along said East line of the West 421.99 feet of the North 245.83 feet of the South 409.77 feet of the North half of the Southwest quarter of Section 34 to the North line of the South 112.0 feet of the North 245.83 feet of the South 409.77 feet of the North half of the Southwest quarter of Section 34; thence West along said North line of the South 112 feet or the North 245.83 feet of the South 409.77 feet of the North half of the Southwest quarter of Section 34; to the West line of said Section 34; thence North along the West line of said Section 34 and the West line of said Section 27 to the point of beginning, in Cook County, Illinois shall, upon annexation to the Village, be classified as "M-2" Heavy Industrial District: and also, That part of the South half of Section 26, lying South of the center line of Landmeier Road and West of a line described as commencing at the Southeast corner of the blest half of the South- east. Quarter of said section 26 and running thence Northerly to a point in the center line of Higgins Road, 20 feet Northwesterly (as measured along said center line) of the East line of the West half of the Southeast Quarter of said Section 26, together with Section 35, (except the Northeast Quarter of the Northeast Quarter of said Section 35 and excepting the North half of the Southwest Quarter of said Section 35 excepting also that part of said Section 35 falling in Kuhlman's Subdivision, being a subdivision of part of the Northwest Quarter of the Northwest Quarter of Section 35 aforesaid) all in Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois shall, upon annexation to the Village, be classified as "M-2" Heavy Industrial District; Uwill; (Section 4 of Article IV shoran as amended by Ordinance #107, 8/10/59 ;%42, t2/16/S7, i,'82, 11/4/58.) 14. That part: of the. South half of the Southwest Quarter of Section 34, Township 41 North, Range 11, East of the Third Principal Meridian, lying North of the North line of Martini's Sunnyhills and West of the East line extended, of said Martini's Sunnyhills, being a Subdivision in the South half of the South- west Quarter of Section 34 and the South half of the. Southeast Quarter of Section 33 in Township 41 North, Range 11, East of the Third Principal Meridian. also The West one-quarter (as determined by taking the West Quarter of the dimensions on the North and South lines) of the South 163.94 feet of the North half of the Southwest Quarter of said Section 34, (excepting from said parcel that part of the South 15 feet thereof, lying East of a line 100 feet East of and parallel to the West line of said South- west Quarter of Section 34) also The West 421.99 feet of the North 112 feet of the South 275.94 feet of the North half of the Southwest Quarter of said Section 34 shall, upon annexation to the Village, be classified as "M-1" Light Industrial District. 15. ARTICLE V, "R-1" TWFNTY THOUSAND SQUARE FOOT SINGLE-FAMILY DISTRICT REGULATIONS Section 1. Interpretation. The regulations set forth in this Article, or set forth elsewhere in this Ordinance when referred to in this Article, are the district regulations in the "R-1" Twenty Thousand Square Foot Single -Family District. Section 2. Use Regulations only for the following purposes: Single-family dwellings A building or premises shall be used Parks, playgrounds and community buildings owned or operated by public agencies Public Libraries Family residence for use as a convent, monastery, rectory or parish house. Public schools, elementary and high, or private schools having a curriculum equivalent to a public elementary school, public high school or public institution of highor learning and having no rooms regularly used for Housing or sleeping purposes. Churches, but only when off-street parking space is provided upon the lot or within two hundred (200) feet thereof, which space is ade- quate to accommodate one (1) car for every eight (3) persons for which seating is provided in the main auditorium of the church. Accessory buildings, including a garage and accessory uses custom- arily incident to the above uses, and home occupations, not involving the conduct of a business. Any accessory building that is not a part of the main structure shall be located not less than sixty (60) feet from the front lot line. Accessory buildings shall also include chinch or public building bulletin boards and temporary signs apper- taining to the lease, hire or sale of a building or premises, not 16. exceeding ten (10) square feet in area, Section 3. Parking Regulations__ Any use, other than churches, that is constructed or reconstructed in the "R-1" Twenty Thousand Square Foot Single - Family Dwelling District shall provide and maintain an adequate parking space, either upon the lot or tract or within three hundred (300) feet thereof. Section 4. Height Regulations. No building shall exceed two and one- half (2'.) stories or shall it exceed thirty-five (35) feet in height. Section 5— Area Regulations_ (a) Front Yard. (1) There shall be a front yard having a depth of not less than twenty-five (25) feet, unless thirty (30) per cent or more of the frontage is improved with buildings that have observed a greater or less depth of front_ yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of the proposed structure or, if there be residences upon only one side, then beyond the straight line projected from the front of the two nearest residences, but this regulation shall not be interpreted to require a front yard of more than fifty (50) feet, nor to permit a front yard of less depth than that of the nearest building. Where the street is curved the line shall follow the curve of the streat rather than to be a straight line. (2) Where lots have a double frontage, the required front yard requirement shall be provided on both streets. (b) Side Yard. (1) Except as hereinafter provided in the following paragraph and in Articles XV and XVI hereof, there shall be a side yard on each side of a building, having a width of not less than five (5) feet. 17. (c) Rear Yard. (1) Except as hereinafter provided, there shall be a rear yard having a depth of riot less than twenty (20) feet or twenty (20) per cent of the depth of the lot, whichever amount is smaller. Section 6. Intensity of Use. Every lot or tract of land upon which a building is erected shall have an area of not less than twenty thousand (20,000) square feet and an average width of not less than one hundred (100) feet, except that any of the uses permitted in this District may be erected or constructed on a smaller lot of record. (Section 5 (a) (2) of Article 5 as amended by Ordinance 40, 17./16/57, and shown as amended by Ordinance 340, 6/4/64.) 1&. ARTICLL VI. ''R-2" TEN THOUSAND SQUARE FOOF SINGLE-FAMILY DWELLING DISTRICT REGULATIOIIS Section 1. Interpi_etation_ The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the "R-2" Ten Thousand Square Foot Single -Family District Regulations. Section 2. Use Requlations. The use regulations are the same as in the "R-1" Twenty Thousand Square Foot Single -Family Dwelling District. Section 3. Parking Requlations_ The parking regulations are the same as in the "R-1" Twenty Thousand Square Foot Single -Family Dwelling District. Section 4. Heiqht Regulations. No building shall exceed two and one-half stories (2'z) or shall it exceed thirty-five (35) feet in height, except as provided in Articles XV and XVI hereof. Section 5_ Area Regulations (a) Front Yard._ (1) There shall be a front yard having a depth of not less than twenty-five feet, unless thirty (30) per cent or more of the frontage is improved with buildings that have observed a greater or less depth of front yard in which instance no neva building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of the proposed structure, or, if there be residences upon only one side, then beyond the straight line projected from the front of the two nearest residences, but this regulation shall not be in-• terpreted to require a front yard of less depth than that of the nearest building. (2) Where lots have a double frontage, the required front yard requirement shall be provided on both streets. (b) Side Yard. (1) Except as hereinafter provided in the following paragraph 19. and in Articles XV and XVI, there shall be a side yard on each side of a building, having a width of not less than five (5) feet. (c) Rear Yard. (1) Except as hereinafterprovided in Articles XV and XVI hereof, there shall be a rear yard having a depth of not less than twenty (20) feet or twenty (20) per cent of the depth of the lot, whichever amount is smaller. Section 6. Intensity of Use. Every lot upon which a build -;ng is erected shall have an area of not less than ten thousand (10,000) square feet and an average width of not less than sixty (60) feet, except that any of the uses permitted in this district may be erected or constructed upon a smaller lot of record. (Section 5 (a) (2) of Article 6 amended by Ord. 40, 12/16/57 and shown as amended by Ord. 34o, 6/4/64.) (Section 6 of Article 6 amended by Ord. 351, 9/3/64.) 20. ARI IC11 VII. "R-3" SEVEN THOUSAND FIVL HUNDRED (7,500) ARE FOOT SINGLL FAMILY DWELLING DISTRICT REGO Section 1. Interpretation. The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article are the "R-3" Seven Thousand Five Hundred Square Foot Single -Family District Regulations. Section 2. Use Regulations. The use regulations are the same as in the "R-1" Twenty Thousand Square Foot Single -Family Dwelling District. Section 3. Parking Regulations. The parking regulations are the same as in the "R-1" Twenty Thousand Square Foot Single -Family Dwelling District, Section 4. Height Re uq lations. No building shall exceed two and one- half stories (2) or shall it exceed thirty-five (35) feet in height, except as provided in Articles XV and XVI hereof. Section 5. Area Regulations_ (a) Front Yard (1) There shall be a front yard having a depth of not less than twenty-five feet, unless thirty (30) per cent or more of the frontage is improved with buildings that have observed a greater or less depth of front yard in which instance no new building or portion thereof shall project beyond a straight line drawn between the point closest to the street line of the residence upon either side of the proposed structure, or, if there be residences upon only one side, then beyond the straight line projected from the front of the two nearest residences, but this regulation shall not he interpreted to require a front yard of less depth than that of the nearest building. (2) Where lots have a double frontage, the required front yard requirements shall be provided on both streets. (Section 1 of Article VII amended by Ord. 351, 9/3/64.) (Section 5 (a) (2), of Article. VII amended by Ord. 00, 12/16/57, and shown as amended by Ord. 340, 6/4/64.) 21. (b) Side Yard. (1) Except as hereinafter provided in the following paragraph and in Articles XV and XVI, there shall be a side yard on each side of a building, having a width of not less than five (5) feet. (c) Rear Yard, Except as hereinafter provided in Articles XV and XVI hereof, there shall be a rear yard having a depth of not less than twenty (20) feet or twenty (20) per cent of the depth of the lot, whichever amount is smaller. Section 6. Intensity of Use, Every lot upon which a building is erected shall have an area of not less than seven thousand five hundred (7,500) square feet and an average width of not less than sixty (60) feet except that any of the uses permitted in this district may be erected or constructed upon a smaller lot of record. 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. D. 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 development provided a special use permit is issued pursuant to Section 2, Article XIV of this ordinance and provided also that Section 2 of the Article is adhered to. (Article VIIA, Sections 1 -2 added by Ord, #508 passed 11/14/67•) (Section 6, Article VII shown as amended by Ord. 351 passed 9/3/64,) 22. E. Accessory buildings including club houses, riding stables, tool equipment housing, and other recreational uses as part of a planned developm,nt. Section 2. Regulations pertaining to planned developments 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 subdivided 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 subdivided 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, space. 1. Fifty percent (50%) or more of said area shall remain common open 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.) 22_a. 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 riot be required in a three (3) story building vihere the second and third stories are used as one dwelling unit. 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 torpor.+tion 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. 22b. DUPLEX DWELLING DISTRICT Section 1. InteIEretati—CI n. The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the "A-1" Duplex Dwelling District regulations. Section 2. Use Rejulations. A building or premises shall be used only for the following purposes: Any use permitted in the "R-3" Seven Thousand Five Hundred (7,500) Square Foot Single -Family Dwelling District. Two -Family Dwellings. Accessory buildings and uses customarily incident to any of the above uses when located on the same lot, including a garage when located not less than sixty (60) feet from the front lot line or a garage constructed as a part of the main building. (Section 2, Article VIII shown as amended by Ordinance 351, passed 9/3/64.) 22c. Section 3. Rarkinq Regulations_ Whenever a structure is erected, converted, or structurally altered for a two-family dwelling, consisting of either a duplex type or two apartment type, one. (1) parking space shall be provided and main- tained on the lot for each dwelling unit in the structure. Whenever a lot is used for any of the purposes permitted in the "R-3" Seven Thousand Five Hundred Square Foot Single -Family Dwelling district the parking regulations are the same as those in Section 2 of Article V. Any use constructed wider Section 2 of this article shall provide adequate parking space either on the lot or tract or within three hundred (300) feet thereof. ction 4. Height Regulations. No building shall exceed two and one-half (22') stories or shall it exceed thirty five (35) feet in height, except as provided in Articles XV and XVI hereof, Section 5. Area Requlations. (a) Front Yard: The front yard regulations are the same as those in the "R-2" Ten Thousand (10,000) Square Foot Single -Family Dwelling District. (b) Side Yard_ Except as hereinafter provided in Articles XV and XVI, there shall be a side yard on each side of a building, having a width of not less than eight (8) feet. (c) Rear Yard: Except as hereinafter provided in Articles XV and XVI, there shall be a rear yard having a depth of not less than twenty (20) feet or twenty (20`%) per cent of the depth of the lot, whichever amount is smaller. Section 6._ Intensity_of Use__ Except as hereinafter provided, every dwelling hereafter erected, enlarged, relocated, or reconstructed shall be located upon lots containing the following areas and widths: (a) Lot on which there is erected a Single -Family Dwelling shall contain an area of not less than ten thousand square feet per family, and an averagee width of not less than sixty (60) feet. (Section 3, Art. VIII and Section 5., Art. VIII shown as amended by Ord. 351, 9/3/64.) 23. (b) A lot on which there is erected a two-family dwelling shall contain an area of riot less than three thousand three hundred (3,300) square feet per family and an average width of not less than sixty (60) feet. (c) Where a lot of record has less area or width than herein required, such lot may be used only for single-family dwelling purposes or for any of the other non -dwelling uses permitted by this article. ARTICLE IX. ''A-2'MULTI-FAMILY APARTMENT DISTRICT REGULATIONS Section 1. Interpretation. The regulations set forth in this Article or set forth elsewhere in this Ordinance when referred to in this Article are the district regulations in the ''A-2" Multi -Family Apartment District, Section 2. (amended) Permitted Uses. No use not specified hereunder shall be permitted. A. Multi -Family apartments not exceeding 20 per acre provided same are: (1) Developed and constructed in accordance with an approved plat as provided for herein; (2) Provided that the number of bedrooms to he developed riot exceed an average of forty per acre; (3) Provided that the number of three bedroom apartments not exceed an average of 10% of the total apartments; (4) Provided also that in no platted area shall the number of apartments exceed 20 per acre. In the event the developer provides more than 10% of three bedrooms units then the density requirement shall be limited to twelve (12) units per acre. (Article IX amended by Ordinance No, 351, 9/3/64.) (Article IX shown as amended by Ordinance No. 430, 5/3/66.) 24. In the event that the developer provides for the construction of four or more bedroom units then the density requirement shall be limited to eight units pay - acre . er acre. B. Institutions of a religious, educational, eleemosynary or philanthropic nature, but not penal or mental institutions. C. Hospitals and clinics, except for animal hospitals, or mental hospitals. D. Accessory buildings and uses customarily incident to any of the above including garages, parking lots and facilities, club houses, parks and recreat•- Tonal facilities and utilities. Section 3. Plat Requirements. A. Purpose. The purpose of the plat is to designate with particularity the building site, the land to remain as open space, the land to be used for parking and accessory uses so as to assure both the Village and future owners of the orderly development of land in compliance with a plan and Village ordinances. B, Specific requirements to be shown on the plat. (1) Such information as is necessary to satisfy the requirements of the Subdivision Control Ordinances of the Village as well as the Plat Act of the State of Illinois. (2) Specific designation of the land to be used for building sites, parking areas, open space areas as well as accessory uses. (3) The height and bulk of all structures. (4) Such language of restriction, dedication and covenant as are deemed necessary to assure compliance with all subdivision control regulations as well as to guarantee compliance with the plan as submitted. 25. (5) No more than 35% of the ground area shown on the plat shall be permitted for building site purposes. All structures shall be required to be located on a building site. The balance shall remain for open space, parking,'public right of ways and the like. (6) The developer, on the plat, shall provide for a minimum of lz car off street parking for each apartment. C. Procedure for Approval of Plat. The procedures provided in the Subdivision Control Ordinance of the Village shall be followed in the submittal and approval of the plats provided for herein. Final plats shall, upon approval, be filed with the Village Clerk and recorded with the County Recorder of Deeds in the County wherein said land is located. D. No building, public improvement nor occupancy permit shall be issued until a final plat in compliance herewith, for the area within which the permit has been approved by the Village, Section 4_ Height Regulation.,. No building shall exceed three stories nor 35 feet in height except as provided in Articles XV and XVI hereof. Section 5. No building shall be closer to another than a distance to be determined by the height of a taller building. In those instances where the sides of the buildings facing each other are windowless then the distances above required may be reduced by one• -half. All such distances shall be measured from the foundation line. ARTICLE X. "B-1" BUSINESS DISTRICT REGULATIONS Section 1. Interpretation. The regulations set forth in this Article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-1" Business District. (Article IX amended by Ord. 351, 9/3/64.) (Article IX shown as amended by Ord. 430, passed 5/3/66.) 26. Section 2. Use Relations_ A building or premises shall be use only for the following purposes: Automobile scales and repairs Bakery whose products are sold at retail on premises Bank Barber shops and beauty parlors Business or commercial school or dancing or music academy Catering Establishment Cleaning and Dyeing works using a cleaning fluid whose base is of a material other than petroleum or one of its derivatives. Electric and shoe repair shops Filling stations Hospitals and clinics for animals, but not open kennels Hotels Laundry Messenger or telegraph service station Office Painting and decorating shop Photograph gallery Plumbing shop Printing shop Public gat -age, repair and storage Recreation or amusement building Restaurant Sales or show room Service establishments Store or shop for the conduct of a retail business Tailor Tavern Telephone Exchanges Theater, except open -air -drive-in theatres; provided, however, that no theater shall be erected or reconstructed unless there is provided on the same lot, or within three hundred (300) feet thereof, parking space which contains an area adequate to accommodate one (1) automobile for every five (5) seats in the theatre. Tinsmithing shop Tire repair shop Undertaking establishments Used car sales or storage but excluding salvage of automobiles or automobile parts. Accessory buildings and uses customarily incident to the above uses, including a sign or a bulletin board relating only to services, articles and products offered within the building to which the sign is attached. Any building used primarily for any of the above enumerated purposes may have not more than forty (40) per cent of the floor area devoted to industry or storage purposes incidental to such primary use. (Section 2, Article X, shown as amended by Ordinance 62, 6/23/58.) 27. Section 3 . Park_inq Requlations. Whenever a structure which is not a part of a shopping center is erected or reconstructed for any of the purposes per- mitted in this district, there shall be provided parking spaces in the ration of not less than one (1) parking space for each two hundred (200) square feet of floor space in the building which is used for commercial purposes, and except that any recreation or amusement building or any restaurant or establishment whose primary use is to serve meals, lunches or drinks to patrons, either in their cars or in the building, shall provide parking space for each one hundred (100) square feet of floor space in the building. Such parking space may be located on the some lot as the building or on an area within three hundred (300) feet of the building. Two or more owners of buildings may join together in providing this parking. space, provided that the minimum requirements of this Section are maintained. Section 3.1 i Parkinq Regulations for Shopping Centers. 1. Whenever a structure is part of a Shopping Center for any purpose permitted in this district, four square feet of parking area shall be required for each one square foot of floor area in the buildings. Floor area for purposes hereof- is the sum of the gross horizontal area of the several floors of a building measured from the exterior face of the exterior walls, The 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 land surveyor and submitted to the Building Department at the time the first building permit for any building in the shopping center is applied for. Said plat shall designate present and future building areas and the parking area for same. (Section 3, Article X shown as amended and Section 3.1 added by Ord. 319, 1/2/64.) 28. 2. A shopping center is defined, for purposes herein, as a business development containing four indoor retail stores or uses permitted in the zoning district, developed under one ownership, with a integrated building arrangement having an aggregated floor area of more than 20,000 square feet, which development shall be considered as a single unit. The minimum area occupied by a shopping center and its accessory off-street parking facility shall be not less than five acres. 3. Surfacing. All open off-street parking areas shall be surfaced with a hard surface all-weather dustless material. 4. Screening. All open automobile parking areas containing more than four parking stalls or spaces shall be effectively screened on each side adjoining or abutting on any residential or institutional property by a solid wall, fence or densely -planted, compact hedge not less than five feet in height. No such screening shall be required where the open off-street parking area is separated from the residential or institutional property by a public street. 5• Lighting. All portions of any parking lanes or driving lanes shall be illuminated by at least one-half foot candle of light, provided, however, that no light shall be reflected on adjacent 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 the business being served by same, except for night lighting, decorative lighting, or protective security lighting. 6. Parking Stalls. Parking stalls shall measure a minimum of 82'x19 feet and said requirement shall be clearly delineated by weather resistant paint or similar substance and each of said stalls shall be provided for by access to parking lanes. Where parking stalls face each other czars shall be separated by a divider guide. 29. Such divider guide shall consist of concrete or steel bumpers sufficient in number to separate said parked cars or a portable steel chain divider elevated to a height of not less than three feet from the ground by movable iron posts. 7. Parking Lanes. (a) Definition. A parking lane is an unobstructed, paved, one-way traffic lane permitting vehicles to proceed from driving lanes to parking stalls. All parking lanes shall connect to at least two driving lanes or one driving lane and a public highway. (b) Minimum width of parking lanes. The minimum width of a parking lane shall be determined by the angle of the parked vehicles which it serves in accordance with the following table, except that no such lane shall be less than fifteen feet. Angle of Parked Vehicles (measured from the directi 45 Degree Angle 50 Degree Angle 55 Degree Angle 60 Degree Angle 65 Degree Angle 70 Degree Angle 75 Degree Angle 80 Degree Angle 85 Degree Angle 90 Degree Angle 8. Driving Lanes. (a) Definition f entr Required in size of Lane 15 Feet 16 Feet 17 Feet 18 Feet 19 Feet 20 Feet 21 Feet 22 Feet 23 Feet 24 Feet A driving lane is an unobstructed traffic lane designed for the movement of traffic in and out of the parking area and between parking lanes. (b) No parking shall be permitted upon any driving lane and the owner of the shopping center shall appropriately post same with signs at the points of ingress and egress to public highways. The discharge of passengers 30. loading of three rir l oa me rcharrd l se into Pr hate (c Il no Passer Adr the c 9erc con, ars Within a Street anWhich c vin9 lane shall Par -king par_, whl h the od o have no las id) shopping ce All drly, s tlran one access a minimum nter fronts, width of trven lines wltICh aff° Point for cath t. located rnliffQways• A walkwayPof rd two drrectronai traffic s to be oO1sti t and Parallel net less than eight hr31j havc al Continuous a7pn to each st Pub feet lowod t° Part: or 9 the front of ore or other b n width shall way; except be others.,, abrrttin9 build ul7riin9. u be kway lg' fonrpl�r9ancY vehrciesse left unattended ai°nngs and no vehicle shall ow ante b 9 the outer a�1 be n land which is Y ex• ed described, sh GrescntlyrSm'Ing shoGPln9 canters 9e of the wall, all Proved All "Copt that no Propenrtly With all pro rrohsa shoPPln9 centProperty owners wlrp or to vi - Purchase addl y owner sha11 b r of this °rd na as hevot°fore section tronas Grp e equired nce by J °r Shall ce�40 HP ht R r aPeoryY p6 ComPIY tviihtPa mD1rsh ekist.i gYhl, 1964, n Atesed fortY_f Np bull ,)graph 1 of buildings sect 'on 5. and XVI hereof (4$) f et in hejg,,, excel exceed threer(3) stories �"-�-�'r-� Re Pt as � Storia side (a) `nt yard 9t�n °therwrse prpv. s e o - I Np dc: rl f a sty front 'n which even Street between tNrp IntersectYard Is required ex t the frontIn except whey ib) C Yard 9 strEet e the the side �'- _rd No side re9ulatipns of the s is part)Y In a d frontage an °ne Dw yard ro ulatlon.s Yard Sha 11 be r c dwelling drstrr we7liny district ellrnq prstrlct r0 the Same as thorequir-ed except that ft shall a PPIY. n the " or dwellings A�7u tqultiple Family 31, (c) Rear Yard. The rear yard regulations for dwellings are the same as in the "A-2" Multiple Family Dwelling District. In all other cases a rear yard is not required except where a lot abuts upon a dwelling district, in which case there shall be a rear yard with a depth of not less than fifteen (15) feet. Section 6. Intensity of Use. When a lot is improved with a single-family dwelling, two-family dwelling, or a multiple -dwelling or when living facilities are arected above the other uses, the intensity of use regulations are the same as those required in the "A-2" Multiple Family Dwelling District. ARTICLE XI. "B-2" BUSINESS DISTRICT REGULATIONS Section 1. Interpretation. The regulations set forth in this Article, or set forth elsewhere in this Article, or set forth elsewhere in this Ordinance when referred to in this Article, are the regulations in the "B-2" Business District. Section 2. Use Regulations. A building or premises shall be used only for the following purposes: Any use permitted in the B-1 Business District Regulations Filling Station Tavern Food Store Motel Restaurant Section 3. Parking Regulations. Whenever a structure is erected or reconstructed for the purpose of operating a Motel, there shall be provided one (1) parking space for each unit or room on the lot on which such motel is situated; parking regulations for uses permitted in the "B-1" Business District shall apply to other uses permitted in the "B-2" Business District. (Article XI, Section 2 amended by Ord. No. 505 passed 11/7/67.) 32. Section 4. Height Regulations. No building shall exceed two (2) stories or shall it exceed thirty (30) feet in height, except as otherwise provided in Articles XV and XVI hereof. Section 5._ /area Regulations_ The area regulations for uses permitted in the "B-1" Business District shall apply to uses in the "B-2" Business District, Section 6. Intensity of Use. The intensity of use regulations are the sane as those required in the "B-1" Business District, except in the case of a trailer or tourist camp where no trailer may be parked on a lot having less than one thousand (1000) square feet of area. ARTICLE XII "M-1" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 1. Interpretation. The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the district regulations in the "M-1" Light Industrial District. Section 2. Use Regulations. A building or premises shall be used only for the following purposes; Blacksmith Shop Bottling Works Dyeing and Cleaning Establishments Milk Distributing Station Lumber or Building Material Yard Wholesale Establishments Warehouses and Storage Plants Coal Yards Printing Plants Public Utility Substations and Facilities Motor Freight Terminals Signs (Article XII shown as amended by Ordinance 81, 11/4/58 and Ordinance #309, 10/17/63.) 33. Light Manufacturing or Industrial lyses which do not create detr ntal noise, odor, smoke, turner las, vapor, dust, vibration, or are otherwise detrimentai to other property in the Village. Auxiliary uses, subject to the following limitations! A residenoc or apartment may be maintained upon any premises for the care- takers and watchmen of the premises and their families. An office building, provided space for parking of motor vehicles is provided in a ratio of one parking stall for each 200 sq. ft. of floor area of the office building, said parking stall to be located on the same lot or plot of ground on which the build- ing is located. Specifically excluded from this District are: Any business use permitted under any provision of this ordinance, Residences, including apartments and duplexes Church School Public Auditorium, but not excluding private auditorium or Business meeting places Open air assembly unit, but not excluding recreational fac- ities used in connection with permitted business Amusement place of any kind operated for commercial purposes. Wherever such District immediately adjoins a residentially zoned area, screen planting in the form of trees, shrubs, hedges or similar plantings shall be installed and maintained by the owners or occupants of the industrial property along the borders of the "M-1" District where such borders meet the more restricted districts. Section 3• Hetet Re9ul_ations. No building shall exceed forty-five (45) feet in height. Section 4. Area Regulations. (a) Front Yard. There shall be a setback of buildings of not less than twenty-five (25) feet. (b) Side Yard. There shall be a setback of buildings where a lot abuts upon a dwelling district, of not less than fifty (50) feet in depth. (c) Rear Yard. There shall be a setback of buildings of not less than fifty (50) feet where it abuts dwelling uses. (d) The Reference to buildings in subparagraphs (a), (b), (c) of this section shall not include gate houses, fencing or similar structures. (Section 2, Article XII, shown as amended by Ordinance 309, 10/17/63.) (Section 2, Article XII, amended by Ordinance 727, 12/1/70.) 34 Section 5. parki g Regulations. Each use shall provide not less than one automobile parking space for each three employees using the premises in question at any one time. No parking shall be permitted within Wenty-five (25) feet of any street. That the foregoing parking regulation shall not apply to office buildings, whose parking area shall be governed as provided in Section 2 above. (Sections 4 and 5 shown as amended by Ordinance 365, 11/25/64.) (Section 5 amended by Ordinance 727, 12/1/70.) 35 ARTICLE XII -A "M-2" HEAVY INDUSTRIAL DISTRICT REGULATIONS ction 1. Interpretation._ The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the district regulations in the "M-2" Heavy Industrial District. Section 2_Use Regulations. A building or premises shall be used only for the following purposes: Any use permitted in the "M-1" Lightlndustrial District Railroad right of way. Wholesale storage of oil, gasoline or other petroleum products. Industrial and manufacturing plants, where the operations are conducted in one or more buildings. Auxiliary uses, subject to the following limitations: A residence or apartment may be maintained upon any premises for the caretakers and watchman of the premises and their- families. Specifically excluded from this District are: Residences, including apartments and duplexes Church School Public Auditorium, but not excluding private auditoriums or business meeting places. Open air assembly unit, but not excluding recreational facilities used in connection with permitted business. Amusement place of any kind operated for commercial purposes. Glue factories Tanneries Dumping, processing or reduction of dead animals, slaughterhouse or garbage. anufacture of fertilizer ,aste anufacture or storage of ammunition, dynamite or other high explosives in such manner or quantity as to be hazardous to persons and property beyond the premises. Any use whose waste may pollute the underground water supply, ponds, lakes or streams. Stockyards and slaughter houses Acid manufacturer Any principal or incidental use deemed to be equally or more hazardous or detrimental to nearby property in comparison with the above listed uses, or have the same or more adverse effect upon the health, safety, or general welfare of the occupants thereof by reason of the emmission of odors, dust, gas, smoke, noise, vibration or waste material. (Section 2, Article X11 -A shown as amended by Ordinance 11 106 8/10/59•) 36 Wherever such District immediately adjoins a residentially zoned area, screen planting in the form of trees, shrubs, hedges, or similar plantings shall be installed and maintained by the owners or occupants of the industrial property a- long the borders of the "M-2" District where such borders meet the more restricted districts. Section 3. Height Regulations. No building shall exceed one hunched (100) feet in height. Section 4. Area Regulations. (a) Front Yard, There shall be a setback of buildings of not less than twenty-five (25) feet. (b) Side Yard_ There shall be a setback of buildings where a lot abuts upon a dwelling district, of not less than fifty (50) feet in depth. (c) Rear Yard. There shall be a setback of buildings of not less than fifty (50) feet where it abuts dwelling uses. (d) The reference to buildings in subparagraphs (a), (b) and (c) of this section shall not include gate houses, fencing or similar structures. Section 5. _Parkin Regulation . Each use shall provide not less than one automobile parking space for each three employees using the premises in question at any one time. No parking shall be permitted within twenty-five (25) feet of any street. (Section 4 and 5 shown as amended by Ordinance 365, 11/25/64.) 37. ARTICLE X11 -P, A. GENERAL REQU1RE11CNTS APPLYING '1-0 AL I. MANUFACTURING DISTRICTS. 1. No lot, parcel, or tract of land she]I be used, and no building or structw e shall be erected, altered, or remodeled for any of the following uses: abattoirs; arsenals, crematories; creosote treatment or manufacture; fat rendering; fertilizer manufacture; fireworks or explosive manufacture or storage; dumping, reduction, or other processing of garbage, dead animals, offal or refuse, except as customarily incidental to a permitted principal use; ore reduction; petroleum processing or refining; pyroxylin manufacture; natural or synthetic rubber, caoutchouc, or gutta percha manufacture or treatment; salt works, sauerkraut manufacture; soap manufacture; smelters; stock yard or slaughter of animals or fowls; tallow, grease, or lard manufacture or treatment; tanning, curing, or storage of rawhides or skins; tar distillation, or manufacture; or cement concrete or asphaltic concrete mixing plants, junk shop, junk yards or automobile wrecking yards. 2. No activities involving the storage, utilization or manufacturing of materials or products which decompose by detonation shall be permitted, except such as are customarily incidental to the operation of a principal use in such quantities, and in a manner conforming with applicable perfor- mance standards set forth hereafter under A-1+ of this Section. Such materials 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, HMX, PSTN, and picric acid; propellants and components thereof such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and (Article XII -B added by Ordinance 302, 7/25/63, and shown as amended by Ord. 339 5/28/64 38. fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetylide, tetrazoles, perchloric acid, perchlorates, chlorates, hydrogen peroxide in concentrations greater than 35 per cent; and nuclear fuel; fissionable materials and products and reactor elements such as Uranium 235 and Plutonium 239. 3. All activities involving the manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, and testing of materials, products, and goods shall be within completely enclosed buildings. 4. Any use established in a Manufacturing District which involves the manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, or testing of materials, goods, or products, shall be operated in such a manner as to comply with applicable perfor- mance standards as hereinafter set forth governing noise, smoke, partic- ulate matter, toxic or noxious matter, odors, fire and explosive hazards, or vibration, or glare or heat for the district in which such use shall be located; and no use, already established on the effective We of this ordinance, shall be so altered or modified as to conflict with, or further conflict with such applicable performance standards for the district in which such use is located. a. Performance Standards - Noise Sound levels shall be measured with a sound level meter and associated octave band filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed, provided that such 39. noises shall be capable of being accurately measured with such equip- ment. Noises capable of being so measured, for the purpose of this ordinance, shall be those noises which cause rapid fluctuations of the needle of the sound level peter, with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses. At no point on the boundary of a Residence or Business District shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in the following table: OCTAVE BAND MAXIMUM PERMITTED SOUND LEVEL (decibels) Along Along (Frequency, Residence Business cycles per District District second) Boundaries Boundaries 0 to 75 72 75 75 to 150 67 70 150 to 300 59 63 300 to 600 52 57 600 to 1,200 46 52 1,200 to 2,400 40 45 2,400 to 4,800 34 40 above 4,800 32 38 b. Performance Standards - Smoke and Particulate Matter The emission of smoke or particulate matter in such manner or quantity as to endanger or to be detrimental to the public health, safety, comfort, or welfare, is hereby declared to be a public nuisance, and shall hence- forth be unlawful. 40. For the purpose of grading the density of smoke, the Ringelmann Chart, published and used by the United States Bureau of Mines, shall be employed. The emission of smoke or particulate matter of a density greater than No. 2 on the.Ringelmann Chart is prohibited at all times, except as otherwise provided hereinafter. The emission, from all sources within any lot area, of particulate matter containing more than 10 per cent by weight of parti- cles having a particle diameter larger than 44 microns is prohibited. Dust and other types of air pollution, borne by the wind from such sources as storage area, yards, roads, and the like, within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, or acceptable means. Emission of particulate matter from such sources in excess of the weight limitation herein specified is prohibited. Smoke The emission of more than, eight smoke units per hour per stack is prohibited, including smoke of a density in excess of Rinyelmann No. 2. However, during one one -Hour period in each 24 hour day, each stack may emit up to 16 smoke units when blowing soot or cleaning fires. Only during fire -cleaning periods, however, shall smoke of Ringelmann No. 3 be permitted, and then not for more than three minutes. C. Performance Standards - Toxic or Noxious Matter. No use shall, for any period of time, discharge across the boundaries of the lot wherein it is located toxic or noxious matter in such concentrations as to be detrimental to, or endanger the public health, safety, comfort, or welfare, or cause injury or damage to property or business . d. Performance Standards - Odors. The emission of odorous matter in such quantity as to be readily detectable at any point along lot lines, or as to produce a public nuisance or hazard beyond lot lines is prohibited. 41. e. Perfonoance Standards - Fire and Fxplosion Hazard. 1. The storage, utilization, or manufacture of materials or products ranging from incombustible to moderate burning - as determined for liquids by a closed cup flash point of not less than 187 degrees F. - is permitted subject to compliance with all other performance standards for the M District. 2. The Storage, utilization, or manufacture of materials or products ranging from free or active burning to intense burning - as determined for liquids by a closed cup flash point of less than 187 degrees F but not less than 105 degrees F - is permitted, subject to compliance with all other performance standards for the M District, and provided the following conditions are met: a. Said materials or products shall be stored, utilized, or produced within completely enclosed buildings or structures having incombustible exterior walls. b. All such buildings or structures shall be set back at least 40 feet from lot lines, or, in lieu thereof, all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Protection Association or Factory Insurance Association; or if the materials, goods, or products are liquids, the protection thereof shall be in conformity with standards prescribed by the National Fire Association. or Factory Insurance Association. 3. The utilization in manufacturing processes of materials which produce flammable or explosive vapors or gasses - as determined for liquids by a closed cup flash point of less than 105 degrees F - shall be permitted in this District provided: 42. a. Repealed by Ordinance 414. b, that the use and storage of such materials shall be in conformity with standards prescribed by the National Fire Protection Association, and the requirements of other ordinances of the Village of Elk Grove Village. C. That the storage of more than 50,000 gallons of materials or products having a closed cup flash point of less than 105 degrees F (exclusive of storage of finished products in original sealed containers) is prohibited. d. That the storage of more than 100,000 gallons of materials or products having a closed cup flash point of less than 187 degrees F (exclusive of storage of finished products in original sealed containers) is prohibited. 5: Screening. Wherever such District immediately adjoins a residentially zoned area, screen planting inthe form of trees, shrubs, hedges, or similar planting shall be installed and maintained by the owners or occupants of the industrial property. 6. All industrial buildings shall conform compatibly architecturally in design to surrounding areas, when located in same proximity to residence areas. (Paragraph 3a of Section Me of Article XII B repealed by Ord. No. 414, passed 12/14/65.) 43. ARTICLE XIII NON -CONFORMING USES Section 1. Non-conforminct uses_ Limitations. Any use, lawfully existing or under construction on the adoption date of this ordinance or of a later amendment thereto, which does not conform to the use provisions of said ordinance or amendment shall be known as a non -conforming use. Such non- conforming use, building or structure may be continued, maintained, or changed to a conforming use; but a non -conforming use shall not be (a) changed to a use of a less restricted class, nor (b) expanded or enlarged except in a building which was arranged and designed for the non -conforming use to which it is devoted; not (c) re-established if discontinued or changed to a conforming use for one year or more, not (d) continued if the building or structure be destroyed or damaged to extent of 50 per cant or more of its value. A complete record of the location, value, nature and extent of all non- conforming uses shall be made and kept by the enforcement officer. 114. ARTICLE XIV SPECIAL USES Section 1, Special Permits. The President and Board of Trustees may, by special permit, after public hearing held by a Committee by them appointed after giving notice as by Statute provided, and subject to such protective restrictions that the Village Board deems necessary, authorize the location, extension or structural alteration of any of the following buildings or uses, or an increase in their height, in any district from which they are prohibited or limited by this Ordinance; provided that such buildings or uses will not have any serious and depreciating effect upon the value of surrounding property; Airport Cemetery Bus Terminal, bus garage, bus lot Hospital, or sanitarium for the care of contagious diseases or incurable patients Institution for the care of the insane or feeble. -minded. Municipal recreation building or community center Parking lot Policc station, fire station, or place for storage of municipal equipment Public park or playground Public service water reservoir, filtration plant or pumping station Public utility plant, central or institutional light, heat or power plant Radio antenna towers Railroad right-of-way or passenger station Telephone exchange Temporary uses Any use which is generally similar to the uses permitted in the district in which such proposed use is sought to be located by special permit which conforms to the regu- lations for such district. 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 development and design, and the construction of recreational facilities, and aesthetic amenities. (Article XIV, Section 2 added by Ord. #508 passed 11/14/67.) 45, i-1igihiIity requirements and necessary findings of factrequired to .it th, granting of same for a special use permit. I, A tract of land under single ownership and/or unified control ._1.i not less than one hundred (100) acres and parcels adjoining such ,:rs ten (10) acres or more in size provided same are planned as part of planned development. 2. Land use and zoning plats in conformity with the stated n_.rpose of a planned development. 3. Legal guarantees to insure the preservation of common open vDace 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 develop- ment shall be made on forms provided by the Village and shall be accom- panied by a preliminary land use and zoning plat certified by the Village Planner as being in accordance with this Ordinance. 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 developement 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, 46. 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 generally 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 preliminary land use and zoning plat shall be procedurally treated as if it were an initial application. 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. Delineation 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. 46a. (a) Designation of common open space, parking lots, roads, schools, public lands, lake areas and recreational areas. (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 surrey of,satid 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 enact location of each structure to be constructed. F. Ali questions of interpretation and application shall be deter- mined by the Plan Commission at a public hearing called for said purpose. Section 3. All nursing homes shall: height. 1. Have a minimum lot size of 60,000 square feet in area. 2. Not exceed thirty five (35) feet or three (3) stories in 3. Maintain a minimum front, side and rear yard of 30 feet. 4. Have a floor area ratio not exceeding .5 . 5. Be of two (2) hour fire rated non-combustible- proeeeted construction, and if constructed in excess of one story in height provide elevator services for patients, and the building must be designed with fire partitions to provide for horizontal evacuation of the patients in (Article XIV, Section 3 added by Ord. 607 passed 3/25/69•) 466. case of an emergency. 6. Provide central kitchen and food preparing facilities - no kitchens to be constructed in conjunction with rooms or apartments. 7. Each sleeping room shall be provided with individual bathrooms and toilet facilities. 8. Provide vehicular parking as follows: One parking space for each three (3) beds plus an additional parking space for each two (2) employees on duty but in no event shall the number of parking spaces be less than one (1) space for each £300 of building area. 9, Be equipped with automatic sprinkler system and the sprinkler alarms must have a direct connection to the Fire Department communications center, 10. Be equipped with a Fire Department Standpipe System if the building is over two (2) stories in height. 11. Be equipped with an approved type fire alarm and smoke detection system with a direct connection to the Fire. Department communications center. 12. Have a fire hydrant within 300 feet of all portions of the building. 13. Have patient room doors wide enough to roll the patient's bed through. 14. Have windows in each patient room with glass area large enough so that a patient on a mattress can be carried through the window when the glass is removed. 15. Provide 24-hour nursing supervision of the patients. 46c.. AnTiric YV EXCEPTIONS AND VARIATIONS TO THE HEIGHT AND AREA REGULATIONS Section 1. Exceptions and Variations. The district regulations hereinafter set forth in this article qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Ordinance: (a) Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located. (b) Chimneys, cooling towers, fire towers, monuments, stacks, tanks, water towers, penthouses, manufacturing equipment, church steeples, radio towers or necessary mechanical appurtenances, may be erected to a height in accordance with existing or hereafter adopted ordinances of the Village. (c) Accessory buildings may be built in a required rear yard but such accessory building shall not occupy more than thirty (30) per cent of the required yard. (d) No accessory building shall he constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes other than by domestic servants employed on the premises. (e) Every part of a required yard shall be open to the sky, unobstructed, except for accessory buildings in a rear yard, and except for the ordinary projections of sills, belt courses, cornices and ornamental features projecting not to exceed twelve (12) inches. Ye (f) amended Fences and shrubs. Definitions• forming a barrier at grade 1. a A fence is a structure street or any leve} between lots, between a lot and a alley. t between portions of a lot or lots. A swimming PO is any recep tacle for water holding In b' 200) gallons and having a depth excess of two hundred ( intended for at any Point of more than three (3) feet, of immersion or p art; inunersitherein ai the purpose appurtenant equipment of human beings, and including all constructed, installed and maintained in or above the ground. natural grade of the C. Ground level or grade level is the lot in question.cess of six (6) exfeet above shall be erected in lot or within 2• No fences 1}je of a ground level along the boundary o fence shall be constructed en space areas and no of required p building setback line In any front yard or ahead of the any Yard which faces a street. ingress) as to prevent unauthorized 3 Fences (constructed s° Dols and be equipped be required around sw}mminy P shat} gates in accordance with with self-closing and latching the f0}1°wlny' 6 feet: Required height of fences between fence _ Not less than 3 feet Distance than six (6) inches and pool shall not be placed lower {aof the gate. fromrom the top Ord. 316 passed 12/12163 ) (f) shown as amended by gassed 9/3/68.) Section amended by Ord. 57 i 101"?=/Eg.l (Article X�, Ord. X71 Passed (Article XV, section 1(f))amended by (Article XV, section 4. No Shrubbery, hedging or planting which interferes with clear vision shall be permitted at or near a street intersection in an area enclosed by a triangle each leg of which is a distance of twenty-five (75) feet measured along each curb of the intersecting streets and from the point where said curb lines or extensions thereto intersect nor shall shrubbery, hedging or planting be planted or maintained as to obstruct the clear vision of private driveways or pedestrian walks or sidewalks. 5. Prohibited fences: Barbed wire and electrically charged wire except that barbed wire may be used on the top of permitted fences in the manufacturing districts. 6. All fences heretofore lawfully constructed and not in conformity herewith, shall be deemed non -conforming uses and may exist but may not be reconstructed or altered. All fences heretofore constructed and in conformity herewith, shall be deemed legal fences. All fences illegally constructed heretofore and not in conformity herewith, shall be removed and shall be in violation of this ordinance. (g) Open or lattice -enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers projecting into a rear yard not more than five (5) feet, and the ordinary projection of chimneys and flues into the rear yard may be permitted by the Building Inspector. (h) For the purpose of the side yard regulations, a two-family, a row house, a duplex, or a multiple dwelling shall be considered as one (1) building occupying one (1) lot. (i) Temporary buildings that are used in conjunction with construction work only may be permitted in any district during the period b6f. that the building is being constructed, but such temporary buildings shall be removed upon completion of the construction work. (j) More than one (1) industrial, commercial, multiple dwelling or institutional building may be erected upon a single lot or tract provided they are developed as a unit, but the yards and open spaces required around the boundaries of the lot or tract shall not be encroached upon by any such buildings, nor shall there be any change in the intensity of use regulations. 117. ARTICLE XVI BOARD OF APPEALS Section 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 consist of seven (7) members appointed jointly by the President and 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 appointment of such member. M Section ?. 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 said Board 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 officers as it deems necessary. Section 3 amended A��eal: 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 Inspector 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 Inspector and with the Board of Appeals a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stall 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 due notice thereof to the parties and shall render a recommendation on the appeal without unreasonable delay to the (Article XVI, Section 3 amended by Ord. 11746 passed 5/11/71.) 49, 0 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 authorized agent or attorney. Section 4. Fee. A fee of ten dollars ($10.00) shall be paid at the time the notice of appeal is filed. Section 5 amended Decision 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, requirement, 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 premises. Section 6. amended Variations. When a property owner shows that a strict application of the terms of this Ordinance relating to the use, construction or alteration of buildings or structures, or to the use of land, imposes upon him practical 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, if the President and Board of Trustees grant the variation, such variation 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: (a) To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record. (b) 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 (Article XVI Section 5 amended by Ord. 746 passed 5/11/71.) (Article XVI, Section 6 amended by Ord. 746 passed 5/11/71.) 50. rind some cgnipellin conformin g Public i}ace.: bu sit qui and D u e t in n° case, as Y re ring a Boa rd of Trus teas "a' he a' Shall the board recommend continuation of the n°n s to continue a monopoly t such a to the (c) To permit the e Permit be issued if its primary Preside,,, rcio Premises in rection and n utility which any location f° use of a building or convenience on Purposes which oc r a Public service the use of v(d enCe or welfare he Board deems reasonably necessaryco corporation For public sur ) To make riance for the Public a Variance roundings, or where by re by of a s anon of an e'Ce exceptional narrowness Specific piece qp ptiOryal situation Of record or b , shallowness or Property, or application of y reason or exception,) shape of a sPec)f)c by reason of excePti ani Provislon of topographical co Piece of PropeYty on al practice) dif this Ordinance would nditioos the strict es uid result tJi�9 property and amount toiaPr or Particular hard in peculiar and hed From a Practical c hip upon be granted mere inconvenience °nf)scation of proper the otvnar of wr thout sub to soon Owner,tY, as dis_ substantial) star,tla) detrime Provided Y impairing the ed such relief can Plan as genera) nt to the Public good and established Purpos hed by theregulations e and without Ordinance. re9ula inters tions and provision t °f the comprehensive layout actually interpret the provisions of s contained in this you 1 District Ma n the ground varie this Ordinance t•✓her Tr several district6 Trustee, m the street layout as sho on Street (f) The gqa d stecs a written Ppeals sha11 the fif Anding of fact su6m) for aachtappealthe hePresident and Board of d by it. 51. Section 7_ Vote Reduired. In considering all appeals and all proposed variations to this Ordinance the Board shall before making any 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 concuring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which it is authorized by this Ordinance to render a decision. Section 8. Notice_ The Board shall make no recommendation except: in a specific case and after a public hearing conducted by the Board. A notice of the time and place of such public hearing shall be published in a news- paper of general circulation in the Village not less than fifteen (15) nor more than thirty (30) days previous to the hearing. Such notice shall con- tain the address or location of the property for which the variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal. 52. ARTICLE XVII ENFORCE ME. NT Section 1. It shall be the duty of the Building Inspector to enforce this Ordinance. It shall also be the duty of all officers and employees of the Village and especially of all members of the Police Department to assist the Building Inspector by reporting to him upon new construction, reconstruction, or land uses or upon seemingly violations. ARTICLE XVIII AMENDMENTS Section 1. (amended) Amendment of Regulations and Districts - Protests. 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 effective 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 this Village. The Plan Commission shall, in addition to the foregoing, formulate all new zoning ordinances and comprehensive amendm:nts to the text of this zoning ordinance, acting with the advise of the zoning advisors retained by the Village and at the direction of the corporate 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 30 or less than 15 days before the hearing by publishing a notice thereof at least once in a newspaper published in or having general circulation within the Village. All written protests against any district amendment this ordinance shall be in the form provided for by statute and shall be filed with the Village Clerk. 53t The provisions contained in this section shall not be construed or in- terpreted as effecting the procedures for variations as set forth in Section 6 Article XVI of this ordinance nor the procedures for appeals from rulings of the Building Commissioner as set forth in Section 3 of Article XVI of this ordinance. Section 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 offiling such petition pay to the Village Clerk, the sum of thrity-five dollars ($35.00) to defray the necessary costs of publication and expenses incident to the hearing of such matter. (Section 1 Article XVIII amended by Ordinance No. 371, passed 12/10/64.) 54. ARTICLE XIX SEPARABILITY Section 1. 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. ARTICLE XX VIOLATION AND PENALTY Section 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 more than One Hundred ($100.00) Dollars for each and every offense. A separate offense shall be deemed committed on each day a violation occurs or continues. Section 2. Additional remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or main - twined, 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 the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about said premises. 55•