O-49-23 Amending Title 17 of the Lemont Municipal Code, The Lemont Unified Development Ordinance of 2008VILLAGE OF
3EMONT
418 Main Street I Lemont, IL 60439
TO: Village Board Meeting
FROM: Jamie Tate, Community Development
THROUGH: Jason Berry, CEcD, AICP, Economic & Community Development Director
SUBJECT: An Ordinance Amending Title 17 of the Lemont Municipal Code, The
Lemont Unified Development Ordinance of 2008
DATE: October 23, 2023
SUMMARY/BACKGROUND
The following amendments to the Unified Development Ordinance have been discussed at
previous Planning & Zoning Commission meetings and Committee of the Whole meetings and
have been prepared to be codified:
• Adding a definition of 'Short -Term Rental'. Short-term rentals are currently allowed with a
special use permit in the D-D (none exist at this time), but a definition has never been
codified; and
• Adding to the Accessory Structure section the allowance of a detached garage with an
attached garage in the R-1 district only when a property is of a certain size. This is to
mostly address recently forced annexed properties that exist in a more rural setting that
were allowed this situation in the County but not in the Village; and
• Modifying the Home Occupation section to address home occupations in the D-D,
Downtown District; and
• Modifying the Illumination Standards section to address lighting for sports fields and
events for public entities.
ANALYSIS
Comprehensive Plan
The Comprehensive Plan encourages staff, the PZC and elected officials to review and
propose amendments to the LIDO as least once a year to address consistent requests and to
modify the code due to trends and modernizations in development.
Planning & Zoning Commission (PZCI
A public hearing was held at the September 6, 2023 PZC meeting to discuss the proposed
amendments. Following discussion, the PZC recommended (5-0) to recommend the
amendments with modification and clarification that has been incorporated into the attached
ordinance and presented to the Village Trustees at the Committee of the Whole meeting.
Committee of the Whole (COW)
The COW discussed the proposed amendments at the meeting held on September 18, 2023.
The proposed modifications to the UDO have been adjusted for the ordinance following
direction from Village Trustees at this meeting. In summary, the changes include:
• Requiring any structure associated with the housing of animals to be a special use; and
• Removing the request to provide a definition of a barn; and
• Adding to the accessory structure section the ability to have both an attached garage
and detached garage in the R-1 district only for lots of a certain size and characteristic.
Consistency with Village Policy
Lemont 2030 Comprehensive Plan
STAFF RECOMMENDATION
Staff is recommending approval of the attached ordinance.
BOARD ACTION REQUESTED
A motion to approve the attached ordinance.
ATTACHMENTS
An Ordinance Amending Title 17 of the Lemont Municipal Code the Lemont Unified
Development Ordinance of 2008
VILLAGE OF LEMONT
ORDINANCE NO. v -qO - 7?
AN ORDINANCE AMENDING TITLE 17 OF THE LEMONT MUNICIPAL CODE,
THE LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008
(Definitions, Accessory Structures, Home Occupations, Illumination Standards)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 23rd DAY OF OCTOBER, 2023
Published in pamphlet form by
Authority of the President and
Board of Trustees of the Village of
Lemont, Counties of Cook, Will and
DuPage, Illinois, this 23rd day of October, 2023.
ORDINANCE NO. "
AN ORDINANCE AMENDING TITLE 17 OF THE LEMONT MUNICIPAL CODE, THE
LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008
(Definitions, Accessory Structures, Home Occupations, Illumination Standards)
WHEREAS, the Village of Lemont approved Ordinance 0-07-08 adopting the Lemont
Unified Development Ordinance of 2008 (hereinafter "the Unified Development Ordinance") with
an effective date of March 15, 2008; and
WHEREAS, on September 6, 2023, the Lemont Planning & Zoning Commission, in
accordance with the requirements of the Illinois Combined Statutes and the Unified Development
Ordinance, conducted a public hearing for the proposed amendment to the zoning and land use
regulations of the Unified Development Ordinance and the minutes are provided as Exhibit A; and
WHEREAS, notice of the aforesaid public hearing was made in the manner provided by
law; and
WHEREAS, the Lemont Planning & Zoning Commission found that the proposed
amendments are consistent with the purposes of the Unified Development Ordinance and voted
(5-0) to recommend their approval;
NOW, THEREFORE BE IT ORDAINED by the Village President and Board of
Trustees of the Village of Lemont, Cook, DuPage and Will Counties, Illinois, as follows:
SECTION ONE: The foregoing findings and recitals are hereby adopted as Section 1 of
this Ordinance and are incorporated by reference as if set forth verbatim herein.
SECTION TWO: Section 17.02 ("Definitions") of Article II ("Zoning") of Title 17
("Unified Development Ordinance") of the Village Zoning Code is hereby amended by adding the
underlined language in alphabetical order to provide as follows:
Short -Term Rental • Any dwelling unit or portion thereof that is available for use or is used for
accommodations or lodging of guests, a fee or other compensation for a period of less than
thirty consecutive days.
SECTION THREE: The Lemont, Illinois Municipal Code ("Village Code"), as
amended, is further amended in Title 17, Unified Development Ordinance Chapter, with additions
shown in underlined text, to be placed in alphabetical order, and deletions shown in str-ikethfough
to Chapter 17.06 of the Village Code as follows:
17.06.030. — Accessory Uses.
C. Keeping of Animals. Except as permitted in this ordinance, accessory structures shall
not be used for the keeping of livestock, horses, poultry, rabbits, exotic animals and/or the
breeding of animals whether or not for profit unless:
1. The lot area is at least one acre in R-1 District only; and
2. The structure is located at least 150 feet from the side and rear lot lines; and
3. The structure is located at least 200 feet from any residence on another lot; and
4. The number of livestock is limited to one per 20,000 square feet of lot area. -Land
5 The structure is no greater than 1,200 square -feet in area and a maximum of 15-
feet in height measured to the top of the peak; and
6. The structure shall require a special use permit.
E. Detached Garages and Sheds.
1. In R districts, detached garages and sheds shall be accessory uses only; they shall
not be constructed prior to the establishment of a permitted principal use on the
lot.
2. Detached garages and sheds shall be built at least three feet from all lot lines,
unless specifically allowed otherwise by this ordinance. Additionally, detached
garages and sheds shall be at least 10 feet from the principal structure unless the
detached garage or shed meets or exceeds the Village building code standards
for attached garages concerning fire protection rating, footing, and foundation.
3. Detached garages and sheds in R districts and detached garages and sheds that
are accessory to residential uses shall have a maximum height of 15 feet. Parking
structures in the Downtown District are subject to the height limits of the zoning
district. Detached garages and sheds in all other districts shall have a maximum
height of 30 feet.
4. In all R-districts except the R-1 district, detached garages shall not be established
on lots where an attached garage already exists. Similarly, attached garages shall
not be established where a detached garage already exists. Only one detached
garage shall be allowed per zoning lot, and the area of a detached garage shall not
exceed 660 square feet. The following applies to garages in the R-1 District:
a. Both a detached garage and attached ag_rage are allowed on one zoning lot
of at least 32,670 square -feet in area, and
b. The detached garage shall be at least 10-feet from any property line, in the
rear lot only and adhere to the definition of a garage in Chapter 17.02, and
c. The detached garage shall not exceed 1,200 square -feet in area and shall
not be greater in height than the principal structure.
d. Any attached garage and driveway shall meet the requirements of this
ordinance.
17.06.080 Home Occupations
F. Prohibited Activities. The following activities are expressly prohibited as home
occupations:
1. Animal hospitals (animal grooming services are permitted);
2. Kennels;
3. Medical and dental clinics;
4. Eating and drinking establishments;
5. Jobbing, wholesale, or retail business, unless it is conducted entirely by mail,
parcel post service, or telephone and does not involve the receipt, sale, shipment,
delivery or storage of merchandise on or from the premises, provided, however,
that articles produced by members of the family residing on the premises may
be sold from and stored upon the premises;
6. Undertaking establishments and funeral parlors;
7. Repair or maintenance of motor vehicles, to include trucks and motorcycles.
8 In the D-D Downtown District any business or place where members of the
public have access as invitees or licensees, including or not limited to,
barber/beauty shop animal grooming service, day cares, and music/dance/arts
instruction when located in a residential unit within a mixed -use building.
SECTION THREE: The Lemont, Illinois Municipal Code ("Village Code"), as
amended, is further amended in Title 17, Unified Development Ordinance Chapter, with additions
shown in underlined text, to be placed in alphabetical order, and deletions shown in stf-ikethrough
to Chapter 17.14.020 of the Village Code as follows:
17.14.020. — Illumination Standards
B. Light Spillage. Illumination of parking lots or other areas shall limit light spillage onto
adjacent property to a maximum horizontal footcandle value at the perimeter of the
property in accordance with Table 17-14-03 of this chapter. Lighting for special events,
sporting events and sports fields is exempt from this requirement for governmental entities.
D. Except as otherwise allowed in this ordinance, luminaires shall not be mounted in excess
of thirty (30) feet above grade, or the height of the primary structure, whichever is less;
provided however, luminaires located within two hundred (200) feet of a single-family
residential zoning district shall not be mounted in excess of twenty (20) feet above grade
or the height of the primary structure, whichever is less. Luminaires for public event space
and athletic fields are exempt from height restrictions for governmental entities.
SECTION FOUR: That the Village Clerk of the Village of Lemont be and is directed
hereby to publish this Ordinance in pamphlet form, pursuant to the Statutes of the State of Illinois,
made and provided.
SECTION FIVE: Should any Section or provision of this Ordinance be declared by a
Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
Ordinance as a whole or any part thereof other than the part declared to be invalid.
SECTION SIX: This Ordinance shall be in full force and effect from and after its passage,
approval and publication as provided by law.
ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on
this 23rd day of October, 2023.
PRESIDENT AND VILLAGE BOARD MEMBERS:
AYES: NAYS
Janelle Kittridge
Dave Maher
Ken McClafferty
Kevin Shaughnessy
Rick Sniegowski
Ron Stapleton
Attest:
JOH EGOSKE
President
CHARLENE JSrjTLtN�
Village Clerk
11 L I NOBS
ABSENT: ABSTAIN
Exhibit A
PZC Minutes from September 6, 2023 meeting
Village of Lemont
Planning and Zoning Commission
Regular Meeting of September 6, 2023
A regular meeting of the Plan Commission for the Village of Lemont was held at 6:30 p.m. on
Wednesday, September 6, 2023, in the second floor Board Room of the Village Hall, 418 Main
Street, Lemont, Illinois.
L CALL TO ORDER
A. Pledge of Allegiance
Chairman Studebaker called the meeting to order at 6:34 p.m. He then led the Pledge of
Allegiance.
B. Verify Quorum
Upon roll call the following were:
Present: Cunningham, McGleam, O'Connor, Zolecki, Studebaker
Absent: Carmody and Pawlak
Community Development Director Jason Berry, Consulting Planner Jamie Tate, and
Village Trustee Ron Stapleton were also present.
C. Approval of Minutes
Chairman Studebaker said they would table the approval of minutes till the next regularly
scheduled meeting.
II. CHAIRMAN'S COMMENTS
Chairman Studebaker greeted the audience and explained the process of the meeting. He
then asked anyone in the audience who was planning on speaking to stand and raise
his/her right hand. He then administered the oath.
III. PUBLIC HEARINGS
A. CASE 2023-05 — SUN HILL PLAZA (CONTINUED)
Chairman Studebaker asked for staff to provide an update on Case #2023-05.
Staff Presentation
Ayes: McGleam, Zolecki, Cunningham, O'Connor, Studebaker
Nays: None
Motion passed
B. CASE 2023-10 — UDO AMENDMENTS
Chairman Studebaker asked for staff to make a presentation explaining the UDO
amendments.
Staff Presentation
Mrs. Tate said short term rental is a special use in the Downtown District and it is located
on the use table but there is no definition for it. There was also an inquiry about a barn
recently and there was no definition or parameters for that type of structure. She asked if
there was anything that the Commission would want to add.
Commissioner McGleam asked if you could put a barn on a lot that is one acre.
Commissioner Zolecki stated that is the ordinance for livestock, but then you would have
to look at the structure. There are requirements in place to where it most likely would not
fit on an acre lot.
Mrs. Tate said some of the requirements are that it has to be 150 feet from a lot line and
250 feet from any resident. It states it has to be for the housing and care of horses or
livestock. The next amendment is for home occupation in the downtown area. The
intention for a home occupation is more in a residential district and not in a mixed -use
area like the downtown district. They are adding that in the Downtown District, any
business or place where members of the public have access as invitees or licensees,
including or not limited to, barber/beauty shops, animal grooming services, daycares, and
music/dance/arts instruction. Staff was looking at businesses that might take up parking
or ones that should be operating out of a storefront rather than an apartment/condo in the
downtown.
Commissioner Zolecki asked if these are more prohibited here than elsewhere. He asked
if the homes across from the post office were in the Downtown District.
Mrs. Tate stated yes.
Commissioner McGleam said it doesn't seem right if you have a residence just outside
the Downtown District that you could have a beauty shop in your home but if you live
right down the street in the Downtown District you could not.
Mr. Berry stated what they are trying to prevent is someone who lives on the third floor
of say the Budnick building and they have a beauty shop in their home.
Commissioner McGleam said then it should be restricted from multi -unit buildings.
Mr. Berry stated they could change it. Currently, it states a home occupation could go in
any dwelling.
Mrs. Tate said the last amendment is to illumination standards. They have had
discussions with the Park District in regard to the typical lighting at the Park District.
Sports field lights might be taller than what they permit in zoning. If there is a ball game
going on there could be light spillage due to safety reasons. They do not want to restrict
them with the zoning code and feel they would know better as to what they would need.
It would state that they are exempt from light spillage for sports field events and height
restrictions.
Commissioner O'Connor asked for the short term rentals if it was just for the Downtown
District.
Mrs. Tate stated currently in the use table it is a special use in the Downtown District.
Chairman Studebaker asked if there was anyone in the audience that wanted to speak in
regard to this public hearing.
Public Comment
None responded.
Chairman Studebaker called for a motion to close the public hearing.
Commissioner McGleam made a motion, seconded by Commissioner Cunningham to
close the public hearing for Case #2023-10. A roll call vote was taken:
Ayes: McGleam, Cunningham, Zolecki, O'Connor, Studebaker
Nays: None
Motion passed
Plan Commission Discussion
Chairman Studebaker asked if there were any further comments from the Commission.
None responded. He then called for a motion for a recommendation.
Plan Commission Recommendation
Commissioner Cunningham made a motion, seconded by Commissioner McGleam to
recommend to the Mayor and Board of Trustees approval of Case #2023-10 - UDO
amendments with changes as discussed in tonight's meeting. A roll call vote was taken:
Ayes: Cunningham, McGleam, O'Connor, Zolecki, Studebaker
Nays: None
Motion passed
10
Commissioner McGleam made a motion, seconded by Commissioner Zolecki to
authorize the Chairman to approve the Findings of Fact for Case 2023-10 as prepared by
staff. A roll call vote was taken:
Ayes: McGleam, Zolecki, Cunningham, O'Connor, Studebaker
Nays: None
Motion passed
IV. ACTION ITEMS
None
V. GENERAL DISCUSSION
None
VI. AUDIENCE PARTICIPATION
None
VII. ADJOURNMENT
Chairman Studebaker called for a motion to adjourn the meeting.
Commissioner Zolecki made a motion, seconded by Commissioner McGleam to adjourn
the meeting. A voice vote was taken:
Ayes: All
Nays: None
Motion passed
Minutes prepared by Peggy Billig
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