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O-11-13 Amend Title 17 of the Lemont Muni Code, the Lemont Unified Development Ord 2008VILLAGE OF LEMONT ORDINANCE NOZ)' 3 AN ORDINANCE AMENDING TITLE 17 OF THE LEMONT MUNICIPAL CODE, THE LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008 (UDO Amendments) ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 11th DAY OF FEBRUARY, 2013 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, DuPage, and Will Counties, Illinois this 11`h day of February, 2013. ORDINANCE NO. D/ ��-/3 AN ORDINANCE AMENDING TITLE 17 OF THE LEMONT MUNICIPAL CODE, THE LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008 (UDO Amendments) 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 November 14, 2012, the Lemont Planning & Zoning Commission, in accordance with the requirements of the Illinois Combined Statutes and the Unified Development Ordinance, conducted public hearings on proposed amendments to the zoning and land use regulations of the Unified Development Ordinance; and WHEREAS, notices of the aforesaid public hearings were made in the manner provided by law; and WHEREAS, The Lemont Planning & Zoning Commission found that the proposed amendments were consistent with the purposes of the Unified Development Ordinance and voted to recommend their approval; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont that: SECTION 1: Incorporation of Recitals. The foregoing findings and recitals are hereby adopted as Section I of this Ordinance and are incorporated by reference as if set forth verbatim herein. SECTION 2: UDO Text Amendments. The Lemont, Illinois Municipal Code ( "Village Code "), as amended, is hereby further amended with deletions shown in strike through text and additions shown in underlined text, so that the same shall be read as follows: Title 17 - UNIFIED DEVELOPMENT ORDINANCE 17.02. - Definitions. BUS A motorized vehicle desiened and constructed to be operated by a driver and carry more than nine passeneers. COMMERCIAL DRIVER'S LICENSE (CDL). A license issued by a state or other jurisdiction, in accordance with the standards contained in 49 C.F.R. Part 383, to an individual which authorizes the individual to operate a class of a commercial motor vehicle. CONSTRUCITON EQUIPMENT A self - propelled motorized vehicle not designed or used primarily for the transportation of persons or property and only incidentally operated or moved over a roadway, and designed and manufactured for the roadway construction, building construction, forestry and landscaping industries. "Construction equipment" includes but is not limited to: skid loaders, bucket loaders, ditchers, excavators, forklifts, backhoes, dozers, and commercial lawn care equipment. The term does not include equipment designed for personal residential use such as riding lawn mowers and snow blowers. TRACTOR A motorized vehicle designed and constructed to pull other vehicles, including but not limited to trailers, semi - trailers, farm equipment or construction equipment. TRAILER. A trailer is: A vehicle so designed and constructed as to not move under its own power, but rather to be pulled by a powered vehicle such as an automobile, bus, tractor or truck. This definition of `trailer" also includes "semi- trailer." A "semi- trailer" is a type of trailer without a front axle and/or where a portion of the weight of the trailer is supported by a dolly, landing gear apparatus, tail of another trailer, or by the fifth wheel or other portion of a tractor, or 2. Any vehicle or portable structure constructed so as to permit occupancy thereof for lodging or dwelling purposes or for the use as an accessory building or structure in the conduct of business, trade, or occupation. TRUCK A motorized vehicle designed and constructed with the primary purpose of transporting cargo. Trucks can vary in size, power and configuration, with many configurations designed for specific purposes. Some examples of trucks with various configurations are: box trucks, pick -up trucks, cement trucks, and fire trucks. "Truck" also means the combination of a tractor pulling a trailer or semi - trailer ( "semi- truck "). 17.10.100 OFF - STREET PARKING OF BUSES, TRAILERS, TRUCKS A. It is illegal to park or store the vehicles listed in this paragraph A on any lot in a nonresidential zoning district, except when located in a garage or other fully enclosed structure that substantially conceals them from view, for more than four consecutive hours: 1. Trailer 2. Tractor 3. Trucks and other commercial vehicles with "C" through "Z" license plates, or the equivalent thereof issued by any jurisdiction. 4. Bus 5. Construction equipment 6. Anv class of commercial motor vehicle where, in order to be lawfully operated, the operator must possess a valid commercial driver's license. B. It shall be unlawful for a property owner to allow the parking on his/her lot for more than four consecutive hours any of the vehicles listed in paragraph A of this section. C. The parking of vehicles listed in paragraph A of this section shall be allowed: 1. When the property owner or the tenant of a shopping center consents to the parking of said vehicles in areas clearly designated, marked and used as off - street loading zones on lots that contain an active principal use: or 2. When the subject lot is within an M district which contains on active principal use: or 3. When the subject vehicle is engaged in work related to an active building construction or site development project occurring on the lot; or 4. When the subject vehicle is owned or operated by the owner of the lot or a tenant of the lot; or 5. When the subiect vehicle is engaged in the delivery of goods or materials for a tenant on the lot: or 6. When the subject vehicles are school buses and they are parked on lots owned or leased by a school district; or 7. When the primary or accessory use of the lot or a business on the lot is truck, trailer, or construction equipment rental or sales and service. 17.10.20.D.4 D. Restrictions. 1. Unenclosed off - street parking spaces shall not be used for the repair, dismantling or servicing of any vehicles, equipment, materials, or supplies. 2. Inoperable vehicles shall not be parked or stored in unenclosed parking areas. 3. The parking of vehicles on areas of the front yard other than a driveway is prohibited. 4. Trucks and other commercial vehicles with "C" through "Z" license plates, trailers, recreational vehicles, construction equipment, tractors and boats shall not be permitted to park or be stored in any residential district except when located in a garage or other fully enclosed structure that substantially conceals them from view. Temporary parking on driveways in residential lots is permitted for a maximum of eight consecutive hours or 12 hours within a 24 -hour period. A limit of one commercial vehicle with a 'B" license plat is permitted to be parked on a residential lot. SECTION 3: 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 4: 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 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DUPAGE, ILLINOIS, on this I 1 w day of February, 2013. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: Debby Blatzer t% Paul Chialdikas T Clifford Miklos Ron Stapleton Rick Sniegowski tom, Jeanette Virgilio al WRONKREAVES President ATTEST: CHARLENE NfSMOLLEN Village Clerk