O-34-04 07/12/04VILLAGE OF LEMONT
ORDINANCE NOa_ •9
AN ORDINANCE AMENDING LEMONT ZONING ORDINANCE NO. 0-25-99
(Infill Design Guidelines, Sections V.G.4.a -d.,
VII.F.5,6, &7., VII.G.5,6, &7., XVIII.F., & XIX.B.)
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
This 12th day of July, 2004
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont, Cook, Will and DuPage Counties,
Illinois on this 12th day of July, 2004.
ORDINANCE NO. 3 4
AN ORDINANCE AMENDING LEMONT ZONING ORDINANCE NO. 0-25-99
(Infill Design Guidelines, Sections V.G.4.a -d., VII.A.1.,
VII.F.5,6, &7., VH.G.5,6, &7., XVIII.F., & XIX.B.)
BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont,
Counties of Cook, Will, and DuPage, State of Illinois, as follows:
WHEREAS, the President and Board of Trustees of the Village have determined that the
best interests of the Village will be served by amending Sections V.G.4.a -d., VII.A.1.,
VII.E.5,6,7, &10., VII.F.5,6, &7., VII.G.5,6, &7., XVIII.F., & XIX.B. of the Zoning Ordinance;
and
WHEREAS, a notice of a Public Hearing was made in the manner provided by law and
was published in the Lemont Reporter Progress, a newspaper of general circulation within the
Village, and said Public Hearing was held on June 15, 2004; and
WHEREAS, this ordinance changes the paragraphs of the Village of Lemont Zoning
Ordinance as follows:
Sections V.G.4.a -d. — General Provisions for Accessory Buildings, Structures and Uses
Sections VII.A.1. — Residence District General Provisions
Sections VII.E.5,6,7, &10. — R -4 Single - Family Detached Residence District
Sections VII.F.5,6, &7. — R -5 Single - Family Attached Residence District
Sections VII.G.5,6, &7. — R -6 Multi - Family Attached Residence District
Sections XVIII.F. — Administration and Enforcement
Sections XIX.B. — Rules and Definitions
Section V. G. ACCESSORY BUILDINGS, STRUCTURES, AND USES
4. Permitted Obstructions. Except as herein otherwise required for a specific accessory use,
detached accessory buildings, as herein permitted as obstructions in required rear yards,
shall:
a. be not more than one story or fifteen (15) feet in height - whichever is lower;
b. the structure shall not be greater than 660 square feet or thirty percent (30 %)
whichever is less, of the area of the required rear yard area except as provided
within the Residential Preservation & Enhancement Overlay District as
amended in the 2002 Comprehensive Plan — Infill Design Guidelines for
detached garages and other accessory structures in Section VII.E.10.d.4. of
this ordinance which shall not exceed 10% of the 15% impervious allowance
of the total lot area; and
c. be not nearer than three (3) feet to the rear property line, if the property line
borders an alley except as provided within the Residential Preservation &
Enhancement Overlay District as amended in the 2002 Comprehensive Plan —
Infill Design Guidelines for detached garages and other accessory structures
in Section VII.E.10.d.5. of this ordinance which shall be not nearer than five
(5') feet to the rear & side property lines; and
d. be located not less than ten (10) feet from any lot line of adjoining lots, except:
(1) on corner lots - not nearer to the rear lot line than the distance of the required
side yard for the lot adjoining the rear lot line and not nearer to the side street
line than the distance required for a side yard adjoining a street, or in the case of
a reverse corner lot, the required front yard on such lot adjoining the rear lot line,
and
(2) on through lots that do not have a rear lot line adjoining a no- access strip - not
nearer to the rear lot line adjoining a street than the distance required for a front
yard.
(3) in residential districts, an accessory building located thirty (30) feet from the
front yard setback line shall have a side yard not less than three (3) feet.
Section VII.A. RESIDENCE DISTRICT GENERAL PROVISIONS
1. Purpose
The Residence Districts set forth herein are established in order to protect public health,
and promote public safety, convenience, comfort, morals, prosperity, and welfare. These
general goals include among others the following specific purposes:
1.8 To provide design guidelines for " infill" or "teardown" construction within
the Residential Preservation & Enhancement Overlay District in the 2002
Comprehensive Plan.
Section VILE. R -4 SINGLE - FAMILY DETACHED RESIDENCE DISTRICT
5. Building Height
a. Single- family detached dwellings - not more than 35 feet.
b. New residential dwellings within the Residential Preservation & Enhancement
Overlay District — See Infill Design Guidelines in this section of the ordinance.
c. Other permitted uses - not more than 40 feet.
6. Floor Area Ratio
a. Single - family detached dwellings - not applicable.
b. New residential dwellings within the Residential Preservation & Enhancement
Overlay District — See Infill Design Guidelines in this section of the ordinance.
c. Other permitted uses - not more than 0.40.
7. Yards
Except as may be herein otherwise required, yards shall be in accordance with the
following regulations:
a. Single - family detached dwellings:
(1) Front Yard - not less than 25 feet. A front yard adjacent to a major street shall
be not less than 40 feet.
Lots platted prior to March 10, 1980 where lots comprising 40 percent or
more of the frontage in the block are improved with residence buildings or
premises having a front yard depth greater than 25 feet, the required front
yard depth shall be the average front yard depth of the frontage so improved,
and where lots comprising more than 40 percent of the frontage in the block
are improved with residence building having a front yard depth of less than
25 feet, the required front yard depth need not be greater than that of an
existing improved lot farthest from the street and adjoining on either side.
(2) Side Yards
(a) Lots platted prior to June 6, 1966: six (6) feet, or if lot width is less than
50 feet, the side yard can be 12 percent of the lot width, but no less than
five (5) feet.
(b) Lots platted on or after June 6, 1966 and prior to June 26, 1989: 10 feet,
except on corner lots, the side yard adjoining a street shall be not less than
25 feet in width and 40 feet in width adjoining a major street.
(c) Lots platted on or after June 26, 1989: 15 feet, except on corner lots, the
side yard adjoining a street shall be not less than 25 feet in width and 40
feet in width adjoining a major street.
(3) Rear Yard - not less than 30 feet.
b. New residential dwellings within the Residential Preservation & Enhancement
Overlay District — See Infill Design Guidelines in this section of the ordinance.
c. Other permitted uses
(1) Front Yard - not less than 40 feet.
(2) Side Yards - two side yards each not less than 25 feet in width, except on corner
lots, the side yard adjoining a street shall not be less than 40 feet in width. For
structures more than 75 feet in length, measured perpendicular to the front lot
line, the interior side yards shall be increased in width by one (1) foot for each
two (2) feet the building exceeds 75 feet in length. For buildings more than 35
feet in height, each side yard shall be increased in width by one (1) foot for each
additional two (2) feet of building height over 35 feet.
(3) Rear Yard - not less than 30 feet.
10. For all zoning lots within the Residential Preservation & Enhancement Overlay
District, as amended from time to time, in the 2002 Comprehensive Plan,
construction shall comply with the following "Infill Design Guidelines" for new
dwellings. All dwellings constructed or reconstructed after the effective date of
July 12, 2004 shall conform to the regulations in this subsection.
a. Yards
1. Front Yard Setback — not less than 25 feet
2. Side Yard Setback — refer to the Bulk Regulation Table in this section of
the ordinance
3. Rear Yard Setback — not less than 30 feet
b. Height & F.A.R regulations refer to the Bulk Regulation Table in this section of
the ordinance.
Infill Design Guidelines Bulk Regulation Table
Lot Width Side Yard Height F.A.R.
0' - 49' 5' 30' 0.50
50' - 59' 6' 33' 0.50
60' - 69' 8' 33' 0.50
70' - 79' 10' 35' 0.45
80' + 15' 35' 0.40
c. Impervious Surfaces
1. Maximum total impervious allowance not to exceed fifteen percent
(15 %) of the lot area for accessory structures and driveways.
d. Garages & Other accessory structures
1. If attached, a maximum of 58% of the dwelling frontage or 22' in width,
whichever is less.
2. Whenever possible, garages shall be located according to the following
order of priority:
i. Detached garage, alley access; or
ii. Attached garage, street access or alley access; or
iii. Detached garage, street access; or
iv. Side loaded Attached garage, street access
3. Fifteen (15') foot maximum allowable height as defined in this
ordinance for accessory structures.
4. Detached garages and other accessory structures shall not exceed 10%
of the 15% impervious allowance of the total lot area as provided in this
section of the ordinance.
5. If detached, setbacks shall be not nearer than 5' to the rear & side
property lines.
6. If detached, setbacks shall be not nearer than 5' from the principal
structure.
e. Driveways
1. Location (whenever possible, driveways should be located on the
opposite side of the location of the adjoining lot's driveway)
2. Driveways shall not exceed 5% of the 15% impervious allowance of the
total lot area and have a minimum width of 9 feet and a maximum
width of 22' feet.
f. Alterations or Additions
1. Fifty percent (50 %) or more of the replacement cost of construction of a
house that is altered shall require design review by the Plan
Commission and be considered a major alteration as determined by the
Community Development Director.
g. Existing Legal Conforming
1. Alterations or additions that are less than fifty percent (50 %) of the
replacement cost of construction of an existing conforming structure
that was built prior to the adoption of the Infill Design Guidelines of
July 12, 2004 shall be able to conform to the regulations at the time the
lot was platted and be considered permitted as a minor alteration as
determined by the Community Development Director and shall not
require design review by the Plan Commission.
h. 12,500 square foot Maximum Lot Consolidation
1. Lot consolidations within the Residential Preservation & Enhancement
Overlay District shall not exceed 12,500 square feet in total lot size.
Lot consolidations shall conform to the regulations as amended in this
ordinance that apply to the underlying zoning district for that
particular year. Variations may be pursued, based on hardship and
compatibility to the neighborhood with the review and approval of the
Zoning Board of Appeals & Village Board.
i. Bonuses
1. If a new residential dwelling does not utilize the permitted lot coverage
within the required setbacks then the difference may be added to the
Fifteen percent (15 %) impervious allowance for driveways and
accessory structures.
2. Open sided single story porches may be a permitted obstruction in the
required front yard up to 10 feet.
3. Open sided single story decks may be a permitted obstruction in the
required rear yard up to 10 feet.
Sections VIQ.F. R -5 SINGLE - FAMILY ATTACHED RESIDENCE DISTRICT
5. Building Height
a. Single - family detached dwelling, townhouse, duplex, and two -flat - not more than 35
feet.
b. New residential dwellings within the Residential Preservation & Enhancement
Overlay District — See Infill Design Guidelines in this section of the ordinance.
c. Other permitted uses - not more than 40 feet.
6. Floor Area Ratio
a. Single - family detached, townhouse, duplex and two -flats - not applicable.
b. New residential dwellings within the Residential Preservation & Enhancement
Overlay District — See Infill Design Guidelines in this section of the ordinance.
c. Other permitted uses - not more than 0.4.
7. Yards
Except as may be herein otherwise required, yards shall be in accordance with the
following regulations:
a. Single - family detached dwellings:
(1) Front Yard - not less than 25 feet. A front yard adjacent to a major street shall
be not less than 40 feet.
(2) Side Yards - two side yards each not less than 15 feet in width, except on corner
lots, the side yard adjoining a street shall not be less than 25 feet in width and 40
feet in width adjoining a major street.
(3) Rear Yard - not less than 30 feet.
b. Townhouse, duplex, and two -flat:
(1) Front Yard - not less than 25 feet. A front yard adjacent to a major street shall
be not less than 40 feet.
(2) Side Yards - two side yards each not less than 15 feet in width, except on corner
lots, the side yard adjoining a street shall not be less than 25 feet in width and 40
feet in width adjoining a major street.
(3) Rear Yard - not less than 30 feet.
c. New residential dwellings within the Residential Preservation & Enhancement
Overlay District — See Infill Design Guidelines in this section of the ordinance.
d. Other permitted uses -yards shall be required as stated in the R -4 District.
Sections VII.G. R-6 MULTI - FAMILY RESIDENCE DISTRICT
5. Building Height
a. Single family detached dwelling, townhouse, duplex, and two -flat - not more than 35
feet.
b. Multiple family dwellings - not more than 35 feet.
c. New residential dwellings within the Residential Preservation & Enhancement
Overlay District — See Infill Design Guidelines in this section of the ordinance.
d. Other permitted uses - not more than 40 feet.
6. Floor Area Ratio
a. Not applicable for dwellings; except multiple family dwellings.
b. Multiple family dwelling
(1) for one -story structures -not more than 0.3; and
(2) for structures having two stories or more - not more than 0.5.
c. New residential dwellings within the Residential Preservation & Enhancement
Overlay District — See Infill Design Guidelines in this section of the ordinance.
d. Other permitted uses - not more than 0.4.
7. Yards
Except as may be herein otherwise required, yards shall be in accordance with the
following regulations:
a. Single family detached dwellings:
Yards shall be required as stated in the R -5 District.
b. Townhouse, duplex, and two -flat:
Yards shall be required as stated in the R -5 District.
c. For multiple family dwellings:
(1) Front Yard - not less than 25 feet. A front yard adjacent to a major street shall
be not less than 40 feet.
(2) Side Yard - two side yards each not less than 15 feet in width, except a side
yard adjoining a street shall not be less than 25 feet in width and 40 feet in width
adjoining a major street; for structures more than 30 feet in length, measured
perpendicular to the front lot line, an interior side yard shall be increased in
width by one -half foot for each foot the building exceeds 30 feet in length.
(3) Rear Yard - not less than 30 feet.
d. New residential dwellings within the Residential Preservation & Enhancement
Overlay District — See Infill Design Guidelines in this section of the ordinance.
e. Other permitted uses: Yards shall be required as stated in the R -4 District.
Section XVIII.F. PLANNING COMMISSION
1. Creation
The Planning Commission of the Village of Lemont is hereby created in accordance with
Illinois Statutes.
2. Membership and Term of Office
The Planning Commission shall consist of seven (7) members to be appointed by the
Village President, with the advice and consent of the Village Board of Trustees. Said
seven members initially appointed, shall serve respectively for the following terms: two
for one year; two for two years; and three for three years, from and after May 1st of the
year of appointment, with the successor to each member so appointed to serve for a
term of three years each, until their respective successors are duly appointed and
qualified. Vacancies shall be filled in the same manner as soon as possible for the
unexpired term of any member whose office has become vacant, for whatever reason.
The Mayor, with the concurrence of the Village Board of Trustees, may for good cause
shown, remove any member of the Planning Commission.
3. Jurisdiction
a. To hear and decide on amendments or additions to the current Village Comprehensive
Plan, Bicycle & Pedestrian Plan and other specialized plans that are adopted by the
Village Board.
b. To hear and decide on all applications for new residential developments
within Residential Preservation & Enhancement Overlay District as
amended in the 2002 Comprehensive Plan and apply the Infill Design
Guidelines, Section VII.E.10.a -i. as provided in this Ordinance and issue
Certificate of Compliance before building permits are issued.
c. To hear applications for variations from the standards provided in this
Ordinance in Section VII.E.10.a -i, Residential Preservation & Enhancement
Overlay District as amended in the 2002 Comprehensive Plan — Infill Design
Guidelines and issue Certificate of Compliance before building permits are
issued.
d. To hear all applications for preliminary subdivision plats in the manner and subject to
standards set forth in the Standard Specifications for Subdivision Design and
Subdivision Regulations Manual.
e. To initiate, direct, and review, from time to time, a study of the provisions of the
Standard Specifications for Subdivision Design and Subdivision Regulations Manual
and to make reports of its recommendations to the Village Board.
f. To conduct 1.5 mile reviews and initiate, direct, and review, from time to time, a
study of the provisions of the Standard Specifications for Subdivision Design and
Subdivision Regulations Manual and to make reports of its recommendations to the
Village Board.
Section XIX.B. DEFINITIONS
BUILDING HEIGHT: The vertical distance from grade to the highest point of the coping
of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves
and ridge for gable, hip, or gambrel roofs (appendix e). Grade is determined from the
exposed foundation after final grade of all sides of the building.
GRADE: The established grade of the exposed foundation after final grade of the site.
Where no such grade has been established, the grade shall be the elevation of the sidewalk at
the property line. Where no sidewalks exist, the grade shall be the average elevation of the
street adjacent to the property line, except in cases of unusual topographic conditions as
determined by the Building Inspector, grade shall be the average elevation of the finished
surface of the ground adjoining the exterior walls of a building at the base of a structure.
IMPERVIOUS SURFACE; Not pervious; not admitting of entrance or passage through;
as, a substance impervious to water or air. Surfaces that prohibit the movement of water
from the land surface into the underlying soil or dirt. Buildings and paved surfaces (i.e.
asphalt, concrete) are considered impervious surfaces.
RESIDENTIAL PRESERVATION & ENHANCEMENT OVERLAY DISTRICT: The
area of the Village as delineated in the Village of Lemont 2002 Comprehensive Plan, as
amended from time to time, which is susceptible to the removal of older dwellings and their
replacement by new construction according to the Infill Design Guidelines.
INFILL DESIGN GUIDELINES: Special development regulations including but not
limited to, yards, building height, and impervious surfaces, which shall apply to new
construction within the Residential Preservation & Enhancement Overlay District. These
guidelines integrate the design and scale of new and reconstructed dwellings with an
awareness of the character of the particular block within the overlay district.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, DuPAGE, AND
WILL, ILLINOIS:
WHEREAS, the Village Clerk of the Village of Lemont shall certify to the adoption of
this Ordinance and cause the same to be published in pamphlet form.
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DuPAGE,
ILLINOIS on this 12`h day of July, 2004.
Debbie Blatzer
Peter Coules
Brian Reaves
Steve Rosendahl
Ron Stapleton
Jeanette Virgilio
Attest:
AYES NAYS ABSTAIN ABSENT
V
V
Approved by me this 12`h day of July, 2004
N F. P ZA, i age President