Loading...
O-96-06 12/11/2006VILLAGE OF LEMONT ORDINANCE NO. 0 6 -06 AN ORDINANCE AMENDING THE LEMONT ZONING ORDINANCE ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 11TH day of December , 2006 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 11' day of December , 2006 ORDINANCE/ ORDINANCE AMENDING THE LEMONT ZONING ORDINANCE WHEREAS, the Village Board of Trustees approved Ordinance No. 0-25-99 on March 22, 1999, adopting a new Lemont Zoning Ordinance; and WHEREAS, the Village Board of Trustees, pursuant to Illinois State Statute, has from time to time amended this Lemont Zoning Ordinance; and WHEREAS, the Village Board of Trustees passed Ordinance 0-15-06 creating the Zoning Commission to review the Zoning Ordinance and recommend changes to it; and WHEREAS, the Zoning Commission, following months of review conducted a public hearing on proposed changes for portions of the Lemont Zoning Ordinance on June 12, 2006; and WHEREAS, the Village Board of Trustees, following the public hearing, received from the Zoning Commission recommendations for changes to portions of the Zoning ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS, that the Lemont Zoning Ordinance is hereby amended per Exhibits A, B, C, D, E, F, and G, attached. These amendments shall become effective January 1, 2007. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES, ILLINOIS on this 11th day of December , 2006. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ronald Stapleton Jeanette Virgilio AYES NAYS tl V l f PASSED ABSENT JOHN F. PIAZZA, Attest: z? ? CHARLENE SMOLLEN, Village Clerk EXHIBIT .4 to Ordinance j o. .41nending the Lemont Zoning Ordinance, L; Nov 200s Delete Paragraph D of Section V, General Provisions, in its entirety. Delete Paragraph G of SECTION V, General Provisions, in its entirety and replace with the following: (start text amendment) G. ACCESSORY BUILDINGS, STRUCTURES, AND USES OF LAND Compatibility and Date of Establishment. Accessory buildings, structures, and uses shall be compatible with the principal use and shall not be established or erected prior to the establishment or construction of the principal use. 2. 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: a. The lot area is at least one acre; and b. The structure is located at least 150 feet from the side and rear lot lines; and c. The structure is located at least 200 feet from any residence on another lot; and d. The number of livestock is limited to one per 20.000 square feet of lot area. 3. Location. Accessory structures shall be a minimum of 10 feet from the principal structure, unless otherwise stated in: a. Table V-1: Table of Permitted Accessory Uses and Obstructions in Yards: or b. Paragraph G.5.b of this section; or c. As provided for in §VII.E. of this ordinance, which covers standards for the R-4A district, and §Vlll/DD of this ordinance, which covers standards for the Downtown District. A-t EXHIBIT .4 to Ordinance Xo. Amending the I em.ont Zoning Orrlinan.ce, 13 Narr, 2006 4. Table V-1: Table of Permitted Accessory Uses and Obstructions in Yards. Table V-1 of this section contains the standards for permitted obstructions and accessory uses in various yards. All accessory buildings, structures, and uses shall comply with the height limits of the zoning district in which they are located unless otherwise provided for in this table. 5. Detached Garages and Sheds. a. 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. b. Detached garages and sheds shall be built at least three feet from all lot lines. 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. C. 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 in sheds in all other districts shall have a maximum height of 30 feet. 6. Public Art. The Village of LemontArt & Culture Commission may, pursuant to approval by the Village Board, place public art on property so long as: a. Neither the work of art itself nor its particular placement on a site interferes with traffic or pedestrian safety; and b. The height ofthe public art complies with the height limits for structures in the zoning district in which the public art is placed; and c. The property owner has granted consent. 7. Dumpster Enclosures Required. All owners of property that store dumpsters, recycling bins or containers or any other receptacles for solid waste shall be requiredto construct a solid enclosure of sufficient size, five to six feet in height, to completely screen such dumpsters, bins or containers from view. When the enclosure is designed to serve a new or reconstructed principal building, the enclosure shall be constructed of wood or masonry using materials, colors and patterns similar to the exterior of the principal building. Enclosures shall not be constructed of chain link. A-L EXIIIBIT A to Ordinance No. Arn.ending the Lemont Zoning Ordinance, 13 Nov 2006 Certain lots within the Village, in particular lots in the downtown area, may lack sufficient space for such enclosures. In cases where there are unique circumstances that make the installation impractical, including but not limited to the lack of usable area on the zoning lot, the Community Development Director may grant a waiver of the requirement upon receipt of the owner's written request and explanation of the particular hardship. Prior to the granting of such a waiver, the Community Development Director shall determine that all reasonably feasible measures have been taken to mitigate any negative impacts caused by the placement of dumpsters, recycling bins, containers or any other solid waste receptacles. 8. Bulk Regulations. The combined square footage of all accessory structures shall not exceed 30% of the area of a required yard except as provided within the R-4A zoning district for detached garages and other accessory structures in Section VII of this ordinance or in the Downtown District. A-s EXHIBIT J to Ordinance No. 4mending the Lentow Zonlwg Ordmance, 13 _Nov 2006 Table V-1. Permitted Accessory Uses and Obstructions in Yards Projection Obstruction or Accessory Use with Yard , , Limitations Front Rear Side Corner Side Air conditioning units, window, provided they do not extend more than three ft. from window P P P P Air conditioning units and equipment, other than window installed, provided they are at least four feet from all P P P property lines. Antenna, dish, pole, or tower, provided they are at least 5 feet from all property lines, and, if mounted on a structure, P _ are on the roof or rear of the structure Awnings and canopies, provided they: are at least 7 feet above grade and in R districts are 5 feet from lot lines. P P P P Balconies, open P p p p Basketball goal on non-recreation land use, limited to one pole- or garage-mounted goal and shall be at least P P P P five feet from all lot lines. Chimneys, attached, provided they project not more than 2 feet into a and and at least 3 feet from lot lines. P P P P Compost bins _ P _ Decks and terraces in a residential district, provided they are: at least 15 ft from all lot lines in districts R-1, R-2, R-3, and R-4; and at least 10 feet from all lot lines in districts R- P P 4A, R-5 and R-6. Dog runs, enclosed, provided that the minimum distance to an and all property lines is at least 10 feet P P Fences See Section XIV of this Ordinance Fire escapes, open or closed, or fire towers, provided they project not more than 5 feet into a yard adjoining a street P P P p or 3 1/2 ft into an interior side yard or rear yard Firewood/woodpiles (residential), provided they do not exceed 4 ft in height and 4 ft in width P P Flagpoles: maximum height is 20 ft in R district and 40 ft in other districts; pole must be 10 ft from lot lines. P P P P Garages, detached, or carports P P _ Gardens, vegetable _ p p Landscaping features, e.g. raised planter beds, retaining walls P P P P Laundry drying equipment - P Lawn furniture, e. g. benches, sun dials, bird baths P P P P Light standards, ornamental P P P P Patios, providing they are at least 5 feet from all lot lines P P P Permantly installed playground equipment, providing it is at least 5 ft from all lot lines P P P Public art, pursuant to Paragraph V.G.5 of this ordinance P P P P (table continued on next page) A-.1. EXIII131T A to Ordinance No. 4mending Me Lemont Zoning Ordinance, 13 Nov 2006 Table V-1. Permitted Accessory Uses and Obstructions in Yards (continuedi Projection Obstruction or Accessory Use with Yard , , Limitations Front Rear Side Corner Side Oriels, provided they project no greater than 2 ft from side of the building and are at least 3 feet from all lot lines P P P P Sheds and storage buildings P P Steps, open without roof, provided they are at least 3 feet from all property P P P P Swimming pool, private, providing it is at least 15 from all lot lines - P Volleyball, basketball, shuffleboard, and other courts, provided the are at least 10 feet from an property P Wing walls, providing they do not extend more than 4 feet from primary structure, and are less than 3 feet in height, P P P P and are at least 5 ft from all lot lines (end text amendment) A-:5 Exhibit B to Ordinance IVo. flrriciiding the Lemont Zoning Oidinanrx,, Noz,ember m, 20x)6 Change the title of Paragraph I of SECTION V, General Provisions, to read as follows: 1. MANUFACTURED HOMES, MOBILE HOMES, TRAILERS, TENTS, AND BOATS * * * ** ***** r4.**%h Add the following sub-paragraph g. to Paragraph I of SECTION V, General Provisions: g. Manufactured homes, mobile homes and recreational vehicles shall not be occupied for dwelling purposes nor parked or stored on any lot other than lots occupied by establishments selling or serving such trailers in conformance with other provisions of this ordinance. The President of the Board of Trustees may waive this prohibition in cases of natural disasters or other emergencies where temporary housing is required. Such waivers may be in effect for an initial period of six months and may be extended by the President of the Board of Trustees for three-month durations thereafter. X r%k4.* ***** ***** Add the following Paragraphs P and Q to SECTION V, General Provisions: P. MODEL HOMES Model homes shall be used primarily to offer for sale or for rental dwelling units located within the same subdivision or planned unit development in which the model home is located. The following provisions shall govern the operation of model homes: 1. Status. Upon request by the Village, the owners of the property shall provide information relating to the use of the model home, including but not necessarily limited to, a record of sales or rentals made from the model home. If no sales or rental activities have occurred within the preceding 12 months, the Village may terminate the property's status. 2. Uses of a Nlodel Home. Sales offices, rental offices, and construction offices may be located in a model home, provided that the appearance of the model home is not substantially different from that of the other dwelling units in the subdivision or planned unit development. Marketing of units shall be limited to only those units which are within the subdivision or planned unit I3-1 Exhibzt B to Ordinance -Yo. 4niendiiig the Letnoiil Zoning Oidzyiance, tVove?nber 73, 2006 development. Building materials may be stored within the garage of the model home, provided that the external appearance of the model home is not affected by such storage. 3. Parking. A temporary off-sweet parking lot located on the same lot as the model home is permitted so long any impervious surface area requirements are met. All items pertaining to the temporary parking lot, e.g. signage, shall be removed upon cessation of the model home activities. 4. Illumination. The model home may be illuminated, provide that the illumination does not adversely affect traffic or adjacent residents. 5. Permitting. The Village may, from time to time and as it sees appropriate, impose permitting requirements on model homes. Q. HOME OCCUPATIONS The standards for home occupations are intended to ensure compatibility with other the permitted uses in the zoning district where they found, maintain the residential character of surrounding areas, and limit adverse impacts on surrounding residents. Location. The location of home occupations shall be limited to any dwelling unit or any building or structure that is accessory to the dwelling unit in any zoning district in which dwelling units are permitted. Outside storage, display. or use of land is prohibited. The building in which the home occupation is located shall be subject to the regulations of the zoning district in which it is located. 2. Operation. Nome occupations shall be conducted only by residents of the subject property. 3. Nuisance. The home occupation shall not generate noise, vibration, glare, fumes, odors, electrical interference, or garbage beyond which normally occurs in the zoning district or planned unit development in which the home occupation is located. 4. Signage. signage or other external indication of the home occupation shall be limited to one nameplate, not more than 72 square inches and containing only the name of the occupant of the dwelling and the home occupation. Such a nameplate shall be attached to the dwelling unit and illumination shall be limited to one incandescent light bulb. B-2 Ex-hibit B to Ordinance No. 4nie?idi7ig ilie Leino7it Zoning O7diiionce, November 13, 2006 5. Traffic. Deliveries, and Parking. a. The home occupation shall not generate traffic beyond what is normally expected in the zoning district or planned unit development in which it is located. In no case shall traffic volume created by the home occupation exceed 20 vehicle trips per day, including deliveries. State-licensed day care homes and day care facilities are exempt from this provision. b. Deliveries to home occupations shall not exceed two per day. This does not include US Postal Service mail delivery. C. The presence of a home occupation and the property owner's attendant parking space desires shall not be grounds for granting a variation to deviate from impervious surface, lot coverage, or driveway width requirements. 6. Prohibited Activities. The following activities are expressly prohibited as home occupations: a. Animal hospitals (animal grooming services are permitted); b. Kennels; c. Medical and dental clinics, d. Eating and drinking establishments; e. 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; f. Undertaking establishments and funeral parlors; g. Repair or maintenance of motor vehicles, to include trucks and motorcycles. 7. Permitted Home Occupations. The `boning Ordinance does not attempt to define or list all permitted home occupations. However, the following activities and uses are expressly permitted, provided that the other provisions of this section are met: B-3 Exhibit B to Ordinance No. _4mending the Lemont Zoning Ordinance, November 13, 2006 a. Barber/beauty shop; b. Animal grooming service; C. Baby-sitting services and day care activities that do not met state lave thresholds for licensing and regulation. d. State-licensed day care homes; e. Instruction in music, dance, home crafts and arts, provided that the total class size does not exceed four students at any time; f Offices of architects, brokers, engineers, insurance agents, lawyers, real estate agents, urban planners, landscape architects, accountants, and secretarial services; g. Offices of ministers, priests, rabbis, or other leaders of religious congregations; h. Workrooms of dressmakers, seamstresses, and tailors; i. Workrooms for home crafts, such as model making, rug weaving, or cabinet making providing noise levels and other nuisances are not above what normally occurs in the neighborhood. ri- r? Exhibit C to Ordinance No. Amending the Lemont Zoning- Ordinance, iVovember 13, 2006 Delete SECTION VII, Residential Districts, in its entirety and replace with the following: (begin text amendment) SECTION VII RESIDENTIAL DISTRICTS A. GENERAL The residential districts ("R districts") are primarily for residential land uses and for other selected uses that are deemed compatible with residential environments. The R districts are intended to maintain and promote a variety of housing types within the Village. B. PURPOSES OF THE DISTRICTS R-1 Single-Family Detached Residential District This district is intended to provide very love density areas for relatively large single-family detached homes on lot sizes of three acres or more. 2. R-2 Single-Family Detached District This district is intended to provide areas of very low density and low density, with single-family detached dwellings on lot sizes of 40,000 square feet or more. 3. R-3 Single-Family Detached District This district is intended to provide areas for low-density, single-family detached dwellings on lot sizes between 20,000 and 40,000 square feet. 4. R-4 Single-FamLl Detached Residential District This district is intended to provide regulations for both some of the older established areas of the Village and the majority of newer areas annexed into the Village, and to provide areas for low- and medium-density, single-family detached dwellings on lot sizes of 12,500 square feet or more. 5. R-4A Single-Family Preservation and Infill District. This district is intended to regulate the height, building coverage, and impervious surface coverage of residential dwelling units in the older established neighborhoods of the Village. Specifically, the district's restrictions are intended to prevent the overcrowding of land, ensure proper living conditions, assure the adequate provision of light, air and open spaces, and to foster and preserve the nature, character, and quality of existing neighborhoods, while providing property owners opportunities for infill development on vacant lots or re-development of lots with existing structures. In particular this district is intended to prevent the further proliferation of structures that do not conform to the C-1 Exhibit C to Ordinance No. Amending the Lemont Zoning- Ordinance, November 15, 2006 general height; bulk, and scale of existing structures. 6. R-5 Single-Family Attached Residential District. This district is intended to provide medium-density areas for single-family attached dwellings, i.e. duplexes, two-family detached dwellings, and town homes. 7. R-6 Multi-Family Residential District. This district is intended to provide medium- and high-density areas for single-family attached and multi- family dwellings: duplexes, two-family detached dwellings, town homes, apartment buildings and condominium buildings. C. PERMITTED AND SPECIAL USES IN THE R DISTRICTS Uses are allowed in the R districts in accordance with: Table VII-1 (Table of Permitted and Special Uses in the R Districts), of this section. In this table `'P" denotes a permitted use, "S" denotes a special use, and "-" indicates the use is prohibited. 2. Table V-1 (Accessory Uses) of this ordinance. 3. The provisions of this ordinance governing nonconforming uses. D. GENERAL STANDARDS FOR THE R DISTRICTS Minimum and maximum standards for lots and structures in the R districts are listed in Table VII-2, Lot, Bulk, and Density Standards for the R Districts. These standards and accompanying notes define such items as lot size and bulk of buildings for all R districts. E. ADDITIONAL STANDARDS FOR THE R-4A DISTRICT Applicability. The regulations contained in this paragraph E shall apply to the R-4A zoning district and all construction, remodeling, additions, enlargements, or alterations within that district for which a building permit application is accepted as complete by the Village after January 1, 2007. The provisions of this paragraph E do not apply to interior remodeling or alterations. 2. Lot Subdivisions in the R-4A District. A Lot within the R-4A district may be subdivided only if: a. The lot subdivision results in a maximum oftwo lots, i.e. one additional lot; and b. Both of the lots resulting from the subdivision have a front lot line of C-2 Exhibit C to Ordinance No. Jinending the Lemont Zoning Ordinance, November 13, 2006 TABLE VII-1. Table of Permitted and Special Uses in the R Districts Use Category Zonin Dist rict R-1 R-2 R-3 R-4 R 4A R-5 R-ti RESIDENTIAL Household Living Single-family dwelling P P P P P P P Duplex, Two-family detached dwelling P P Town house P P Multi-familydwelling P Group Living Assisted living facility S S S - - S S Group home P S S - - S S Nursing home P S S - - S S Transition shelter S S S - - Group living not otherwise classified S S S S S S S PUBLIC, CIVIC, EDUCATIONAL, OTHER Age iculture Agriculture on lots of 5 acres or more P P - - - - - Farm stand P P - - - - - Greenhouse, commercial P P - - - - - Roadside market on lots of 5 acres or P P - - - - _ more Civic and civic-related Hospital S S S S S S S Library, public S S S S S S S Lodge, fraternal and civic assembly S S S S S S S Municipal facilities P P P P P P P Parks and playgrounds P P P P P P P Postal service S S S S S S S Childcare facilities Child care facilities other than day care S S S S S S S home and foster home Da care home and foster home P P P P P P P Educational facilities College and university School, kindergarten thru high school S S S S S S S Trade school S S S S S S S Religious use Religious assembly P S S S S S S Religious institution P S S S S S S Other Cemetery S S S S S S Planned unit development S S S S S S S Railroad rights-of-way, excluding - P P P P classification yards, terminal facilities, and maintenance facilities Utilities, as part of subdivision plat P P P P P P P Utilities, not as art of subdivision plat S S S S S S S C-3 Exhibit C, to Ordinance No. Amending the Lemoni Zoning Ordinance, November 13, 2006 TABLE VII-2. Table of Lot, Bulk, and Density Standards for R Districts Standards Zoning District R-1 R-2 R-3 R-4 R-4A R-5 R-6 Minimum Lot Size (in square feet) Residential uses 130.680 40,000 20,000 12,500 Note 1 10,000 10,000 Other uses (See Note 4) 130,680 60,000 40,000 12,500 7,260 10,000 10,000 Minimum Lot Area per Unit (in square feet) Residential uses 130,680 40,000 20,000 12,500 5,000 3,000 2,500 Other uses N/A N/A N/A NIA N/A N/A N/A Minimum Lot Width (in feet) Residential uses 150 125 95 90 Note 1 80 80 Other uses 150 125 95 90 50 80 80 Minimum Front Yard Depth (in feet) All uses 50 50 40 25 25 25 25 Minimum Side Yard Depth (in feet) Residential uses 50 25 30 Note 2 Note 3 15 15 Other uses 60 25 30 Note 2 Note 3 15 15 Minimum Corner Side Yard Depth (in feet) Residential uses 50 50 40 25 Note 3 25 25 Other uses 60 50 40 25 Note 3 25 25 Minimum Rear Yard Depth (in feet) All uses 50 50 40 30 30 30 30 Maximum Building Height (in feet) Residential uses 37 37 37 37 33 37 37 Other uses 37 37 37 37 37 37 37 Maximum Lot Coverage (as a percentage o f total lot area) Residential uses 25% 35% 45% 55% 55% 65% 65% Other uses 25% 35% 50% 60% 70% 70% 709%1 Note 1: Minimum lot size is 5,000 sq ft and minimum lot width is 45 ft. However, the provisions of§VII.E.2 of this ordinance concerning lot subdivision shall apply. Note 2: Minimum side yard depth in the R-4 zoning district shall be based on the width of the lot as follows: If the lot width is 80 feet or greater, the minimum depth of each side yard shall be 15 feet; If the lot width is less than 80 feet but greater than 55 feet, the minimum depth of each side yard shall be 16.5% of the lot width; If the lot width is 55 feet or less, the minimum depth of each side yard shall be 12% of lot width or five feet, whichever is greater. Note 3: Each side yard shall be at least 12% of lot width or five feet, whichever is greater. Note 4: There is no minimum lot size for parks, playgrounds, or municipal uses. C_ 1. Exhibit C to Ordinance No. .4,)nending the Lemont Zoning- Ordinance, November 13, 2006 at least 50 feet: and c. Both of the lots resulting fi-om the subdivision have a lot area of at least 6,250 square feet; and d. The lot to be subdivided is located along a block face where the mode of all front lot lines abutting the block face is 51 feet or less. In cases where the block face has two modes, the mode which results in the least amount of subdivided lots shall govern. 3. Lot Consolidations in the R-4A District. Lot consolidations shall not result in a lot that has a lot area exceeding 12,500 square feet. 4. Maximum Floor Area Allowance. Each primary structure within the R-4A shall conform to a maximum floor area allowance. The maximum floor area allowance is determined as follows: (lot area square footage x 0.16) + 1,600 = maximum floor area See the term "floor area" in the Definitions and Measurements chapter of this ordinance for additional guidance on computing the maximum floor area allowance. 5. Garages and Other Accessory Structures in the R-4A District. If the provisions of this paragraph conflict with other paragraphs ofthis ordinance, this paragraph shall govern. The following provisions apply: a. For attached garages where the garage doors face a street, the total width of all garage doors shall not exceed 22 feet or 58% of the dwelling's street-side elevation, which ever is less. b. If an existing alley provides access to the lot in question. then detached and attached garages shall be accessed from the alley. C. Detached garage height shall not exceed a midpoint height of 15 feet and shall not exceed a peak height of 20 feet. d. Accessory structures including detached garages shall not have a combined total area that exceeds 10% of the lot area. e. Detached garages shall be at least seven feet from the principal structure. f. Detached garages shall be at least one foot from the rear property line C-5 Exhibit C to Ordinance No. Annending the Lemont Zoning Ordinance, November 13, 2006 and at least three feet from all side property lines. 6. Driveways in the R-4A District. a. The combined area of all driveways and sidewalks within the lot shall not exceed 10% of the lot area. Driveway width shall not exceed 22 feet. (end of text amendment) C-1t Exhibit D to Ordinance Ao. 9meracling the Lenaonl Zoning Ordinance, Yoveniber? 13, f)006 Insert the following Section XIII-A between Section XIII, Landscape Requirements, and Section XIV, Fences (begin text amendment) SECTION XIII-A COMMERCIAL DESIGN STANDARDS A. PURPOSE, APPLICABILITY, AND APPROVAL Purpose. The standards specified in this section are intended to foster aesthetically pleasing developments which will protect and preserve the appearance, character, general health, safety, and welfare of the Village, and contribute to the unique and historical character of the Village. Additionally, the requirements for landscaping and buffering are to increase the compatibility of adjacent uses, minimize the harmful impacts of noise, dust, debris, motor vehicle headlight glare and other artificial light intrusions. 2. Applicability. The standards of this section apply to all new commercial development and construction in the Village, except in the Downtown District. For specific standards for development in the Downtown District, see §VIII/DD of this ordinance. 3. Approval. a. For planned unit developments, the Village Board is the final approval authority for acceptance or variations from these standards. See §XV1 for planned unit development approval procedures. b. For other development or construction that is not part of a planned unit development proposal, the Community Development Director shall determine adherence to these standards. Decisions of the Community Development Director may be appealed by the applicant to the Planning and Zoning Commission in accordance with §XV111 of this Zoning Ordinance. B. PLAN SUBMISSION AND CONTENTS Required Items. See §XVI.B of this ordinance for submission requirements if the construction is part of a planned unit development. For development or construction that is not part of a planned unit development proposal, the following documents shall be submitted to the Community Development Department for review: D-1 Exhibit D to Ordinance Vo. Jmeading the Leniop.t Zoning Otdinance, Xorepiber 13, 2006 a. Site plan illustrating: (1) Building location (2) Curb cuts (3) Sidewalks (4) Parking and loading areas and number of parking spaces (5) Landscaping (6) Topography (7) Illumination (8) Signs (9), Fencing (10) Trash storage areas b. A map of surrounding land uses and buildings within 150 feet in all directions of the subject property: C. Roofs and exterior walls of all proposed buildings that include indications of all proposed exterior materials and colors. Additionally, material samples shall be submitted. 2. Timing of Submissions. Submission of the documents in paragraph B.1 above may be made either prior to or concurrent with applications for building permits. C. URBAN DESIGN REQUIREMENTS 1. Building exterior walls facing a public street. Building exterior walls facing a public street shall have a minimum of 75%, excluding glass, of the wall area facing the street constructed of one or more of the following materials: a. Brick of clay, or b. Native stone, or c. Architectural panels, or D-z Exhibit D to Ordinance No. Amending the Lemont Zoning Ordinance, November 13, 2006 d. Hardie plank 2. Building exterior walls not facing a public street. Building exterior walls not facing a public street shall have a minimum of 50%, excluding glass, of the wall area constructed of one or more of the materials listed in sub- paragraph C.1 of this section. 3. Building articulation. Building exterior walls greater than 100 feet in length shall incorporate recesses and projections a minimum of three feet in depth and a minimum of 20 contiguous feet within each 100 feet of exterior wall length. 4. Roofs. a. Parapets, mansard roofs, gable roofs, hip roofs, or dormers shall be used to conceal flat roofs and rooftop mechanical equipment from public view. b. Roof lines shall have a change in height every 100 linear feet in the building length. 5. Building Entrances. a. All commercial buildings shall have clearly defined. highly visible customer entrance(s) featuring at least three of the following: (1) Canopies, awnings or porticos; or (2) Overhangs of at least three feet from the supporting wall; or (3) Articulation of the building exterior wall, either recessed or projected, at the entrance; or (4) Corniced parapets over the door: or (5) Arches or peaked roof forms above entrance; or (6) Architectural details such as the work, brick soldier course, or moldings. b. Building entrances may includedoorsto individual shops or businesses, lobby entrances, or entrances to plazas or courtyards. D-s Exhibil D to Ordinance No. 4ynendingr the Lenioet 7oning Oirlinance, November 13, 2ooG 6. Sidewalks. a. Sidewalks shall be provided along the full length of the any exterior wall featuring a customer entrance and along any exterior wall facing a parking area intended for customers or the general public. b. Sidewalks shall be provided from the perimeter public sidewalk to the principal customer entrance. This internal walkway must feature landscaping for at least 50% of its length. C. Sidewalks shall not be placed adjacent to street curbs, but rather shall be separated from street curbs by a parkway of at least five feet of landscaped or sodded area. 7. Other Pedestrian f=eatures. a. Any commercial development in excess of 20,000 square feet of gross floor area shall incorporate a public space, such as plaza, courtyard, or landscaped garden within the vicinity of the building's main entrance of the development's principal structure that incorporates at least three of the following features: (1) Pedestrian seating in the form of benches or ledges of limestone; or (2) Water features, e.g. fountains or ponds: or (3) Textured paving such as brick or flagstone; or (4) Raised planters of limestone; or (5) Sculpture or other artwork; or (6) Outdoor eating or cafe. b. The features incorporated per this paragraph shall be connected with public sidewalks adjacent to or running through the property. 8. Windows. A minimum of 50% of the street facing building fagade between four feet and ten feet in height shall be comprised of clear, non-reflective windows that allow views of indoor commercial space or product display areas. Banks are exempt from this requirement. D-1, Exhibit D to Ordinance No. Amending Me Lemont Zoning Ordinance, 1Voueniber 13, 2006 9. Colors. Exterior building walls' colors shall be low reflectance, subtle, neutral or earth tones. The use of high-intensity colors, metallic colors, or fluorescent colors is prohibited. 10. Parkin. a. No more than 50% of the off-street parking for the entire development shall be located between the facade of the principal building and the primary abutting street. b. No development shall have parking in excess of 125% of the parking spaces required by this Zoning Ordinance. 11. Drive-Through Facilities. a. Each drive-through facility shall be designed so that the drive-through window is not on a side of a building facing a public street. b. The queue area shall not interfere with other on-site circulation and parking arrangements. C. All pedestrian walkways for a drive-through development shall be clearly marked and enhanced with special paving or markings when they intersect the drive-through aisles. d. Noise levels of equipment associated with drive-through facilities shall comply with the standards of §XI.B of this ordinance. (end text amendment) D-5 Exhibit E to Otdinonce A'o. Amending the Lemont Zoning Ordinance, Xovember 13, 2006 Delete SECTION XVII, Non-Conforming Buildings, Structures, and Uses, In its entirety and replace with the following new section and title: (begin text amendment) SECTION XVII NONCONFORMITIES A. GENERAL Purposes. This section governs nonconformities: those uses, lots, buildings or other aspects of development that may have complied with previous zoning regulations, but through zoning ordinance revisions or amendments no longer conform to the current standards. The intent of this section is to clarify to what extent and under what circumstances such nonconformities can be altered, expanded, or allowed to continue. Other purposes of this section are to: a. Allow for the preservation and adaptive re-use of existing buildings; and b. Recognize the interests of landowners whose property and its uses were lawfully established; and c. Place reasonable limitson nonconform ities that have or potentially may have adverse effects on surrounding properties or the community. 2. Authority to Continue a Nonconformity. Any nonconformity that existed on January 1, 2007 or situation that becomes a nonconformity upon adoption of any amendment to this zoning ordinance may be continued in accordance with the provisions of this section. 3. Continued Status of Nonconformity. Nonconforming status rests with the property, not with the property owner. Such status is not affected by changes in tenancy, or management. In certain instances, a change in ownership may affect the nonconforming status-see paragraph A.4 of this section below. Additionally, a change in ownership shall result in the removal of all nonconforming signs. 4. Multi-Family Buildings. For a building that exists in a single-family zoning district but is nonconforming because they it is used as multi-family residential building, transfer of mmiership shall result in an inspection by Village building code officials for basic health and safety violations. Upon E-1 Exhibit E to Ordinance A'o. Amending the Lemont Zoning Ordinance, November 13, 2oo6 satisfactory review by code officials, the Village shall issue an occupancy permit for the continued use of the building for multi-family residential use. Failure to bring the building into compliance with noted basic health and safety violations may result in the loss of the building's nonconforming status, and the building may then be subject to all actions, fines and penalties as described in Section XXI of this Zoning Ordinance. 5. Repairs and Maintenance. Nonconforming buildings and lots carry the same obligations and requirements for safe upkeep as conforming buildings and lots. Incidental repairs and normal maintenance necessary to keep a nonconformity in compliance with the Village building codes are permitted unless otherwise expressly prohibited in this Ordinance. B. NONCONFORMING USES Change of a Nonconforming Case. A nonconforming use may be converted to a use permitted in the subject zoning district. A nonconforming use may not be changed to another nonconforming use. 2. Expansion of a Nonconforming Use. A nonconforming use, whether inside or outside of the building, may not be expanded beyond the area it occupies or increase in intensity at the time of the adoption of this section or any subsequent amendment. For example, a nonconforming multi-family building with three dwelling units in a single-family district could not add an additional unit. Likewise, a building that already exceeds the maximum height limit could not have its height increased. 3. Discontinuance of a Nonconforming Use. a. If a nonconforming use is discontinued or abandoned for a period of six consecutive months it shall not be re-established, and any subsequent use of the property shall conform to the regulations of the subject zoning district. b. Where the nonconforming use of land is accessory to a nonconforming structure, it shall be discontinued on the same date on which the nonconforming use of the building or structure is discontinued. 4. Relocation. No building in which a nonconforming use is conducted may be moved in whole or in part to any other location on the same or any other lot unless the use of that lot conforms to the regulations of the zoning district in which the building is to be moved. 1"-2 Exhibit E to Ordinonce No. Amending the Lemont Zoning Ordinance, November 13, 2.o06 C. NONCONFORMING STRUCTURES Alterations or Enlargements ofNonconforming Structures. Anonconforming structure maybe altered or enlarged only if the alteration or enlargement does not increase the extent of the nonconformity or add another nonconformity. For example, a building that does not meet a yard depth requirement may have another floor added, so long as the additional height and bulk comply with the applicable regulations. Likewise, a building that does not meet a yard depth requirement may be enlarged so long as the addition follows the same building wall line and does not result in an additional encroachment into the required yard area. See Figure XV11-1 of this section for an illustration of possible ease. 2. Intentional Destruction of a Nonconforming Structure. If a nonconforming structure is intentionally removed or destroyed by the owner, the building may be reconstructed, provided that all nonconfonnities, to include yard setback requirements, are eliminated. 3. Accidental Damage or Destruction. When a nonconforming structure is damaged or destroyed by fire or other causes beyond the control of the owner, it may be repaired or rebuilt provided that: a. The owner can document, through building records, photographs, or plats of survey, the extent of any nonconformity that existed prior to the accidental damage or destruction; and b. The intensity, extent, or nature of the previous nonconforming elements are not increased: and c. Building permits for restoration or reconstruction are issued within six months from the date of accidental damage or destruction. 4. Relocation of a Nonconforming Structure. No nonconforming structure shall be moved in whole or in part to any other location on the same or any other lot unless the structure conforms to the regulations of the zoning district in which the structure is to be located. D. NONCONFORMING LOTS Nonconforming Lots in R Districts. a. A nonconforming lot in an R district may be developed with a single- family detached dwelling unit, provided that yard depth, bulk and density restrictions of this ordinance are met. rs Exhibit E to Ordinance Alo. 4mending the Lemont Zoning Ordinance, November 13, 2ooG b. A nonconforming lot that is enlarged yet remains nonconforming, may be developed with a single-family dwelling unit provided that yard depth, bulk and density restrictions are met. C. If an existing single-family house in an R district is destroyed by accident, it may be rebuilt, provided that yard depth. bulk and density requirements are met, and the provisions of C.3 of this section are met. d. Non-residential development in an R district that is permitted by this ordinance may occur on a nonconforming lot only if a variation is granted for any and all of the nonconformities that result from inadequate lot size or width (e.g. parking requirements cannot be met). 2. Nonconforming Lots in Non-Residential Districts. In non-residential zoning districts a nonconforming lot may be developed provided that: a. The lot in question existed in its current dimensions at the time of the effective date of this section; and b. The use is permitted in the zoning district where the nonconforming lot is located: and c. A variation is granted for any other nonconformities that result from inadequate lot size or width. E. OTHER NONCONFORMING SITUATIONS Non-conforming Signs. Regulations for non-conforming signs are provided in Section XV of this Zoning Ordinance. 2. Other. Any other aspects of development not described in the provisions of this section, such as but not limited to such items as landscaping, parking, or loading, that were lawfully established but no longer comply with a standard of this zoning ordinance, shall be allowed to exist. However, such nonconforming aspects may not be altered so that the intensity, extent, or nature of the nonconformity increases. 1,; 1, Exhibit F to Ordnance No. Amending the Lemon/ Zoning Ordinance, A'ovewber 13, 2006 Delete Paragraph I of Section XVIII, Administration and Enforcement, in its entirety and replace with the following: (begin text amendment) 1. VARIATIONS Intent. A variation is a grant of relief to a property owner from the requirements of this Zoning Ordinance where literal adherence would cause undue hardship. Additionally, a variation is intended to provide relief where the requirements of this Ordinance would render the land difficult to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variation is requested. A variation is not intended merely to remove an inconvenience or financial burden that the requirements of this Ordinance may impose. A variation is not intended to allow the establishment of a use that is otherwise prohibited in a zoning district or that would change the zoning district classification, and a variation should not be granted where a special use permit or amendment to the Zoning Ordinance would be more appropriate. 2. Approval Authority. The Village Board is the final approval authority for all variation requests. 3. The Zoning Hearing Officer. The Community Development Director is hereby designated as the Zoning Hearing Officer, and the Village Planner shall serve as the alternate Zoning Hearing Officer in the absence of the Community Development Director. 4. Zoning Hearin,; Officer Authority. a. The Zoning Hearing Officer may conduct public hearings, in accordance with applicable state law and Village ordinances, on the followingg variation requests and recommend to the Village Board either approval or denial of the requests. This authority to conduct public hearings and make recommendations is limited to the following: (1) A variation request to reduce off-street parking or off-street loading requirements for non-residential uses by not more than 20 percent; and (2) A variation request to increase the floor area ratio by not more than five percent; and (3) A variation request to decrease the setback of a primary structure by not more than 20 percent; and F-1 I .. hibit F to Oidinance No. .4mending [lie Lemon/ Zoning Ordinance, November 13, 2006 (4) A variation request to decrease the setback of an accessory structure or obstruction in a required yard by not more than 20 percent: and (5) A variation request to increase the building height by not more than 10 percent. b. Prior to the public hearing, and at the Zoning Hearing Officer's discretion, any variation request may be forwarded to the Planning and Zoning Commission for fulfillment of the public hearing and recommendation requirements. 5. Initiation. An application for a variation may be made by any governmental office, department, board, bureau, or commission, or by an person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become freehold interest, an option to purchase, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation. 6. Procedure for Variation Approval. a. An application for a variation shall be filed in writing with the Community Development Director, whose office may provide and require specific application forms for such purpose. The application shall include a map of the property identifying its dimensions, all adjacent streets and alleys, and other properties within 250 feet of the subject property. b. Upon verification of the completeness and accuracy of the application the Community Development Director shall determine whether the attendant public hearing will be conducted by the Planning and Zoning Commission or the Zoning Hearing Officer as specified in paragraph 1.4 of this section and duly schedule such a hearing; C. The applicant and Community Development Department shall fulfill their respective public notice requirements; see §XVIILJ.3.b.(l ) thru (4) for public notice requirements. d. As appropriate, the Planning and Zoning Commission or the Zoning Hearing Officer shall conduct a public hearing, and upon conclusion of the hearing submit findings of fact and a recommendation for approval or disapproval of the variation request to the Village Board of Trustees. F-2 Exhibit F to Ordinance No. Amending the Lemont Zoning Ordinance, November I3 2006 e. The Village Board, upon report ofthe Planning and Zoning Commission or the Zoning Hearing Officer and without further public hearing, may grant or deny any requested variation, or may refer the request back to the Planning and Zoning Commission or the Zoning Hearing Officer for further consideration. 7. Standards for Variations. a. Neither the Planning and Zoning Commission nor the Zoning Hearing Officer shall recommend a variation from the regulations of this Zoning Ordinance unless the Planning and Zoning Commission or the Zoning Hearing Officer make findings of fact based upon the evidence presented to it in each specific case that: (I ) The variation is in harmony with the general purpose and intent of'this Zoning Ordinance; and (2) The plight of the owner is due to unique circumstances and thus strict enforcement of the Zoning Ordinance would result in practical difficulties or impose exceptional hardships due to the special and unusual conditions that are not generally found on other properties in the same zoning district; and (3) The variation will not alter the essential character of the locality and will not be a substantial determent to adjacent property. b. In making a determination whether there are unique circumstances, practical difficulties, or particular hardships, the Planning and Zoning Commission and the Zoning Hearing Officer shall take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence: (1) The particular physical surroundings, shape, or topographical condition of the specific property involved results in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations of this Zoning Ordinance were fulfilled: and (2) The conditions upon which the petition for variation is based would not be applicable, generally, to other property within the same zoning classification; and (3) The alleged difficulty or hardship has not been created by any person presently having an interest in the property; and F-,,) Exhzbit F to Ordinance A"o. .42nending the Lemon/ Zoning Onlinance, November 13, 2006 (4) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the subject property is located; and (5) The variation will not impair an adequate supply of light and air to adjacent properties, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. C. The Planning and Zoning Commission or the Zoning I fearing Officer may recommend and the Village Board may require such conditions and restrictions upon the subject property as may be necessary to comply with the intent and standards as set forth in this section of the Zoning Ordinance. In the event that the Planning and Zoning Commission does not recommend approval of the variation, a super majority of the Village Board shall be required for the approval of the variation. In the event that either the Zoning Hearing Officer does not recommend approval of the variation, a simple majority of the Village Board shall be required for the approval of the variation. 8. Burden of Proof for Variation. In each case of a requested variation the applicant must satisfy the proof that the proposed variation meets the standards of this section, even if there is no testimony or other evidence opposing or rebutting the requested variation. Such burden of proof may be expressed on application forms that the Community Development Department may create and adopt from time to time. 9. Lapse of Variation. a. A variation shall lapse in the event of the following: (1) A building permit has not been issued by the Village for such construction, installation, or relocation within one year after the effective date of the ordinance granting the variation; or (2) A building permit has been issued, but such construction, installation, or relocation has not been initiated within one year after the effective date of the ordinance granting said variation. (3) If construction, installation, or relocation has been initiated but not been completed, and two years have passed since the issuance of the bu ilding permit, and the applicant is not diligently pursuing the completion of the construction, installation, or relocation. F-9, Exhibit F to Ordinance No. Rending the Lemont. Zoning Ordinance, November 13, 2006 b. In the event a variation lapses, any person or entity fulfilling the conditions of paragraph 1.5 of this section may apply for another variation. (,end text amendment) F-5 Exhibit G to Ordinance No. Amending the Lemont Zoning Code, November 13, loos In SECTION XIX, Rules and Definitions, Paragraph B, replace or add the following definitions and illustrations: (begin text amendment) ACCESSORY BUILDING or ACCESSORY STRUCTURE: A structure which: is subordinate to and serves a principal structure or use, and; contributes to the convenience, comfort, or necessity of occupants of the principal building or principal use served, and; is located on the same zoning lot as the principal building or principal use served, with the single exception of any accessory off-street parking facility permitted to locate elsewhere than on the same zoning lot with the building or use served. An accessory structure includes but is not necessarily limited to: children's playhouses, garden houses, garages, sheds, structures for storage incidental to the permitted use. ACCESSORY STRUCTURE: See *'ACCESSORY BUILDING." Also see distinction between "BUILDING" and "STRUCTURE" ANIMAL GROOMING SERVICE: An establishment or place where domestic animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. ANIMAL HOSPITAL: A facility where animals receive medical or surgical treatment and are cared for during the time of such treatment. An animal hospital may be used as a kennel if such use is limited to short-time boarding or where such kennel usage is incidental to medical or surgical treatment. See also "KENNEL," and "ANIMAL SHELTER." ANIMAL SHELTER: A facility used to house or contain stray, homeless, abondoned, or unwanted animals and that is owned, operated, or maintained by a public entity, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other bona fide non-profit organization devoted to the welfare, protection, and humane treatment of animals. ASSISTED LIVING FACILITY: A building where sleeping accommodations are provided for at least three unrelated adults, at least 80 percent of whom are 55 years of age or older, and where the following are provided: 1. Community-based residential care for persons who need assistance with activities of daily living, including personal, supportive, and intermittent health-related services available 24 hours per day, if needed, to met the scheduled and unscheduled needs of a resident; and 2. Mandatory services, whether provided directly by the facility or by another entity arranged for by the facility, with the consent of the resident or the resident's representative; and 3. A physical environment that is a homelike setting including individual living units and common space that permits individual and group activities. G-t Exhibit G to Ordinance No. Jmending the Lemont Zoning Code, November 13, 2006 "Assisted living facility" does not mean a hospital. sanitarium, or other institution, the principal activity or business of which is the diagnosis, care, and treatment of illnesses. BLOCK FACE: All of the lots abutting one side of a street between two intersecting streets. BUILDING HIEGHT: The vertical distance from the average of all building corners facing a street to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the ridge for gable, hip, or gambrel roofs. CORNICED PARAPET: SEE "PARAPET." DAY CARE CENTER: Any child care facility which regularly provides day care for less than 24 hours per day for more than eight children in a family home, or more than three children in a facility other than a family home, including senior citizen buildings. DAY CARE HOME: A family home that receives more than three and up to a maximum of 12 children for less than 24 hours per day. DECK: A platform, either freestanding or attached to a building, without a roof, three or more feet above grade. DRIVE-IN ESTABLISHMENT: Delete this definition in its entirety. DRIVE-THROUGH FACILITY: An establishment which contains a building opening or mechanical device through which occupants of a motor vehicle receive a product or service. DUPLEX: A building containing exclusively two dwelling units, each of which has direct access to the outside and where the dwelling units are situated side by side rather than one atop the other. See also DWELLLING, TWO-FAMILY DETACHED. DWELLING: A building, or portion of a building used for residential occupancy, including single-family detached dwellings, two-family dwellings, duplexes, and multi-family dwellings, boarding and rooming houses, dormitories, manufactured housing, mobile homes, and apartment hotels, but not including recreational vehicles, trailers, or hotels and motels.. DWELLING, MULTI-FAMILY: A building, or portion of a building, containing three or more dwelling units, excluding townhouses (which are considered attached single-family dwellings). DWELLING, SINGLE-FAMILY DETACHED: A building containing exclusively one dwelling unit, detached from all other dwelling and surrounded by open space, but not including manufactured homes or mobile homes. G-2 E -hibzt G to Ordinance No. Amending the Lemont Zoning Code, November 13, 2006 DWELLING, SINGLE-FAMILY ATTACHED: A building containing two or more dwelling units where no part of any dwelling unit is above any part of another dwelling unit. The term single-family attached dwelling or single-family attached housing includes housing products that are generally referred to as "duplexes" or "town houses." DWELLING, TWO-FAMILY DETACHED: A building containing exclusively two dwelling units where one dwelling unit is atop the other rather than two dwelling units situated side by side. See also DUPLEX. DWELLING UNIT: A room or group of rooms providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. A single-family home is one dwelling unit; each apartment within a multi-family residential building is a separate and distinct dwelling unit. ELEVATION: A scale drawing of one complete side, front, or rear of a building. See also "FACADE." FACADE: That exterior side of a building that faces and is most closely parallel to a public or private street. The fagade includes the entire building walls, wall faces, parapets, dormers, facia, windows, doors, and canopies of one complete elevation. See also "ELEVATION." FAMILY: Two or more persons related to each other by blood, marriage, or legal adoption living together as a single housekeeping unit; or a group of not more than four persons who need not be related by blood, marriage or legal adoption, living together as a single housekeeping unit and occupying a single dwelling unit. FARM STAND: A small, often open-air structure, situated at the side of a road, in which agricultural products are publicly displayed and offered for sale. Its use is generally seasonal. See also "ROADSIDE MARKET." FLOORAREA: The sum of the gross horizontal area of all floors in the building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. The "floor area" of a building expressly includes the following: 1. Elevator shafts and stairwells on each floor; and 2. Floor area used for mechanical equipment, except equipment located on the roof, and 3. Those portions of an attic or story having clear height (head-room) of six feet, six inches or more (see illustration below); and 4. ;Mezzanines; and 5. Enclosed porches; and 6. Attached garages in excess of 200 square feet. For example, an attached garage is 360 square feet. Therefore, 200 square feet of the garage space would not count toward the floor area; the remaining 160 square feet would be included in the floor area calculation. G-3 Exhibit G to Ordinance No. .mending the Lemont Zoning- Code, Yovember I,3, 2006 7. Floor area of any floor located below grade or partially below grade when the side of the house that faces the street to which the house is addressed has more than three feet, six inches of the floor-to-ceiling height of such floor is above grade. ATTIC area included in 6-6" floor area calculation 6-61' areas not included in floor area calculation FLOOR AREA RATIO: The floor area of a building divided by the total gross area of the zoning lot upon which the building is located. GARAGE, PRIVATE: Delete this definition. GARAGE, PUBLIC: Delete this definition. GARAGE, STORAGE, OR OFF-STREET PARKING: Delete this definition. GARAGE: A building or part of a building used or designed to be used for the parking and storage of vehicles. GRADE: Delete this definition. GREENHOUSE, COMMERCIAL: A structure, covered with transparent material that uses solar radiant energy to grow plants intended for retail or wholesale distribution. The structure may have heating and ventilating equipment for the purpose of optimum temperature control GROUP HOME: A dwelling or facility used to provide a socially dependent family environment for developmentally or mentally disabled patients, as specified in the 1988 Fair housing Act Amendments of the Civil Rights Act of 1968. For purposes of this ordinance.. this definition shall not include "halfway houses," uses for the recovering G--1 Exhibit G to Ordinance Nu Jmending the Leinoni Zoning Code, November 13, 2006 chemically dependent, prison work release programs, or any use that does not house solely the developmentally or mentally disabled. HALFWAY HOUSE: A licensed home for inmates on release from more restrictive custodial confinement or initially placed in lieu of such more restrictive custodial confinement, where supervision, rehabilitation, and counseling are provided to bring residents into the mainstream of society. HOSPITAL: Facilities forthe diagnosis, treatment, medical care, or surgical care of persons suffering from illness, disease, injury, deformity or other abnormal physical condition and which permits overnight lodging for patients. IMPERVIOUS SURFACE: Any hard-surfaced, man-made area that does not readily absorb water, i.e. surfaces that prohibit or inhibit the movement of water from the land surface into the underlying soil. including but not limited to building roofs, parking and driveway areas, sidewalks, swimming pools, and paved recreation areas. KENNEL: A facility for the keeping, boarding, raising, or training of four or more dogs, cats, or other household pets more of any age not owned by the owner or occupant of the premises, except for pet shops and animal hospitals, or any premises or portion of a premises where more than three dogs, cats, or other household domestic animals over one Figure X-xx. Floor Area Calculations for Top Floor of Structure. year of age are maintained, boarded, bred, or cared for in return for remuneration or are kept for the purpose of sale or breeding. LODGE, FRATERNAL: 1. A membership organization that holds, in general, regular meetings, and that may- subject o other regulations-maintain dining facilities, serve alcohol, or engage entertainment for the enjoyment of dues-paying members and their guests. There are no sleeping facilities. This definition does not include college fraternities or sororities. 2. The building that houses the fraternal lodge. LODGING HOUSE: See "BOARDING HOUSE" LODGING ROOM: A room or group of rooms intended as single unit that is within a boarding house. LOT COVERAGE: The horizontal or generally horizontal surface of a lot that has an impervious surface. See "IMPERVIOUS SURFACE." G-s Exhibit G to Ordinance No. Amending the Lemont Zoning Code, November 13, 2006 LOT WIDTH: The minimum horizontal distance between the side lot lines of a lot measured at front yard line. NURSING HOME: A skilled nursing or long-tern care facility that is subject to licensure by the Illinois Department of Public Health under the Nursing Home Care Act. The tern "nursing home" does not include hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases, or mental illness. - MANUFACTURED HOME: A dwelling unit fabricated in an off-site manufacturing facility for installation or assembly at the building site, and built in accordance with the Federal manufactured Home Construction Safety Standards. See also "MOBILE HOME." MOBILE HOME: A dwelling unit that was fabricated in an off-site manufacturing facility, designed to be a permanent residence, and built prior to enactment of the Federal Manufactured Home Construction and Safety Standards. See also "MANUFACTURED HOME." Commentary: As defined by this Ordinance, mobile home means a dwelling unit; it is not intended to include trailers or similar structures with uses that are limited or temporary in nature, such as a recreational trailer or a trailer on a construction site. NAMEPLATE: A sign attached to a door or side of a building that indicates the address and/or occupant of the premises. PARAPET: That portion of a wall that extends above a roof line. A "corniced parapet" is a parapet that includes aprojecting crown. PARKS and PLAYGROUNDS: Land and facilities, operated by the Village, Lemont Park District, and county, state, or federal government for recreation or as open space, and all attendant structures, e.g. bleachers and rest rooms, provided by the operator for the enjoyment or comfort of individuals using the land or facilities. PATIO: A generally level surfaced area at grade directly adjacent to a principal building, without a permanent roof and intended for outdoor lounging, dining, and the like. See also "DECK" and "PORCH." PORCH: A roofed structure, at an entrance to a building, not more than 75 percent enclosed by walls and attached to the building for the purpose of shelter from sun and weather, exclusive of structures used primarily to store or shelter vehicles. PRINCIPAL STUCTURE: A structure in which the primary use of the lot where the structure is located is conducted. ROADSIDEMARKET: Abuilding, generally used year-round, in which fruits, vegetables, and handicrafts are offered for sale. See also "FARM STAND." G-6 Exhibil G to Ordinance.N'a Jinending the Lemont Zoning Cook, November 13, 2006 RELIGIOUS ASSEMBLY: A use located in a permanent building providing regular organized religious worship and related incidental activities, except primary or secondary schools and non-residential child care facilities. A rectory or parsonage may be located on the same lot and in addition to the permanent building that provides the place for worship. RELIGIOUS INSTITUTION: A place of worship or religious assembly with related facilities such as: private school, meeting hall. offices for administration of the institution. licensed child or adult care, playground, cemetery. TRANSITION SHELTER: A residential facility providing short-term (120 days or less) room and board in a supervised living environment and generally integrated with counseling and rehabilitation services to assist in the transition to self.-sufficiency though the acquisition of a stable income and permanent housing. TOWN HOUSE or TOWNHOME: Three to five dwelling units that are attached to each other by vertical party walls. and where the party walls extend from the uppermost ceiling or roof to the ground, or to the roof of a common garage if one is located below the units. The front and rear walls are typically perpendicular to the party walls, are totally exposed to the outside, provide direct access to the outside, and provide light and ventilation. TRIP: A one-way movement from an origin to a destination. TRIP, VEHICLE: A trip made by a vehicle. The number of persons occupying the vehicle is irrelevant. YARD, CORNER SIDE: A side yard located immediately adjacent to a street. The minimum depth of the corner side yard is the closest horizontal distance from the side lot line adjacent to the street and any enclosed portion of a building on the lot. See Appendix X. (Note: this appendix will be an illustration of lot lines and yards.) YARD LINE, FRONT: A line within a lot extending from one side yard to the other side yard, parallel to the front lot line, and a distance from the front lot line that is equal to the minimum front yard depth as proscribed by this ordinance. The front yard line is may or may not be the same distance as the building setback line. See "BUILDING SETBACK LINE." (end text amendment) G-7