Loading...
O-65-11 Ord Amending Unified Development Ord of 2008VILLAGE OF LEMONT ORDINANCE NO O --6 fs i/ AN ORDINANCE AMENDING THE LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008 ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT THIS 24th DAY OF OCTOBER, 2011 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 24th day of October, 2011. ORDINANCE NO. O- U!J' 11 AN ORDINANCE AMENDING THE LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008 WHEREAS, the Village of Lemont approved Ordinance 0 -07 -08 adopting the Lemont Unified Development Ordinance of 2008 (hereinafter "the Unified Development Ordinance ") with an effective date of March 15, 2008; and WHEREAS, on September 21, 2011, the Lemont Planning & Zoning Commission, in accordance with the requirements of the Illinois Combined Statutes and the Unified Development Ordinance, conducted a public hearing on proposed amendments to the zoning and land use regulations of the Unified Development Ordinance; and WHEREAS, a notice of the aforesaid public hearing was made in the manner provided by law; and WHEREAS, The Lemont Planning & Zoning Commission found that the proposed amendments 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. Chapter 2 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words Nt-rielfen are deletions): CHANNEL LETTER, SYMBOL OR GRAPHIC A fabricated or formed three- dimensional letter, symbol or graphic that is capable of accommodating an internal light source. Includes open faced and reverse channel letters in addition to standard channel letters. FACADE That exterior side of a building that faces and is most closely parallel to a public or private street; the exterior side of a building that is primarily oriented toward the public street by means of the main entrance, fenestration, and architectural features. The facade includes the entire building walls, wall faces, parapets dormers, fascia, windows, doors, and canopies of one complete elevation. In instances where there is no clear indication of street orientation, the side to which the building is addressed shall determine the facade. See also "ELEVATION." LOT LINE, FRONT The boundary of a lot abutting a street. On a corner lot -' front lot line unless the placement of accessory structures in tho yards is such that the front yard is otherwise established. the front lot line shall be that lot line that more closely parallels the facade of the primary structure on the lot. OUTDOOR DINING AND DRINKING AREA An area used for the sale, service, or consumption of food and beverages that is located outdoors on private property of any type of eating or drinking establishment and which is either partially or wholly outside the walls of a building, with or without a solid roof cover. ROW HOUSE Three to fivo Six or more dwelling units that are attached to each other by vertical party walls, and where the part 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. See also "TOWN HOUSE" SIDEWALK A paved surface adjacent or parallel to a street and set apart by curbs, barriers, markings, or in any other way delineated from the street, and intended for pedestrian use. SIGN, ABANDONED A sign which for a period of at least 180 consecutive days no longer advertises or identifies a legal business establishment, product, service, idea or activity conducted on the premises on which the sign is located. SIGN, CABINET A flat sign face, typically plastic, mounted in a cabinet, capable of accommodating an internal light source. SIGN, DIMENSIONAL A sign consisting of 1) letters, symbols, graphics or borders routed into a. sign board, 2) three dimensional letters, symbols, graphics, or borders mounted onto a sign board or 3) letters, symbols, graphics, , or borders projecting from a sign board that has recessed by sandblasting or a similar process. SIGN, PAN FACE A plastic sign face molded into a three - dimensional shape. Includes smooth, embossed, and debossed sign faces. TREE, CANOPY Any self - supporting, leafy, woody plant of a species that normally attains a full height at maturity of 30 feet or more. TREE, ORNAMENTAL Any self - supporting, leafy, woody plant of a species that normally attains a full height at maturity of less than 30 feet. Section 2. Chapter 6, Table 17- 06 -01, Permitted and Special Uses in the Zoning Districts, of the Unified Development Ordinance is hereby amended as follows: Add "Office with GFA less than /equal to 7,500 sq ft" and "Office with GFA over 7,500 sq ft" as permitted uses in the M -1 zoning district. Delete "Outdoor dining, ground level" and "Outdoor dining, upper level. Add "Outdoor dining as allowed under §17.06.170 of this ordinance" with special use approval in the B -1, B -3, B -4, and DD districts. Section 3. Chapter 6, §17.06.030.D of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words ffi=pieken are deletions): Location. Accessory structures shall be a minimum of 10 feet from • The location of accessory structures shall be governed by 1. St din Table 17- 06 -02; er and 2. Paragraph E of this section;- er-and Provided for in § 17.07.02 of this ordinance, which covers standards for the R -4A districf, and Chapter 17.09 of this ordinance, which covers standards for the DD district. Section 4. Chapter 6, §17.06.030.H of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words 6.tr-ielan are deletions): Lot Coverage. The combined square footage of all accessory structures, driveways, sidewalks, to include the surface area of swimming pools and all types of pavers or paving brick, or other areas with an impervious surface shall not exceed 30% 36% of the area of a required front or rear yard except: 1. As provided for in § 17.07.02 of this ordinance, which covers specific standards for the R -4A zoning district; and Within the DD district all non -R districts. (Ordinance 0- 36 -08, 2008) Section 5. Chapter 6, §17.06.120.B, of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words 6414-elfen are deletions): Outdoor Dining and Drinking. Outdoor dining and drinking areas s on public property or a public right of way may be allowed as an accessory use, so long as the establishment complies with any permitting requirements that the Village may ordain or adopt. Outdoor dining and drinking areas on private property dies, shall be approved as a special use in accordance with §17.06.170 of this ordinance. (see Table 17 06 01). See Chapter 5.71 of the Lemont Municipal Code for provisions on sidewalk cafos. Section 6. Chapter 6, §17.06.060 of the Unified Development Ordinance is hereby amended to add a new paragraph as follows: C. Manufactured Homes, Trailers, and Boats. In the B -4 zoning district, manufactured homes and trailers may be used to provide office space and employee break facilities only. The structures shall be for employee use only and shall not permit any overnight accommodations. Section 7. Chapter 6 of the Unified Development Ordinance is hereby amended to add the following new section, numbered 17.06.170: OUTDOOR DINING AND DRINKING Special Use Approval. Outdoor dining and drinking areas on private property shall be a special use. Licensing regulations that the Village may from time to time adopt shall also apply to the approval of outdoor dining areas. (See Chapter 5 of the Municipal Code for licensing requirements.) Section 8. Chapter 7, §17.07.020.F.6 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words &trio/fen are deletions): Detached garages shall be at least fivo three feet from the rear property line and at least five three feet from all side property lines. Section 9. Chapter 9, Table 17 -09 -01 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): Awnings. Awnings shall not be backlit or finished with glossy colors. Awnings shall provide a clearance above the sidewalk of at least 8 ft and _ _ _ _ _ _ _ •• _ e_ _ •_ _ _ _ _ For properties subject to the Esplanade Street standards (Table 17- 09 -03), . awnings shall project a minimum of 5 ft from the building. For all other properties, awnings shall project a minimum. of 3 ft from the building. Section 10. Chapter 9, §17.09.060 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words strielfere are deletions): A. Type II Thresholds. New construction, or any remodeling or reconstruction of an existing building which meets one or more of the following criteria shall be subject to Type II review and approval if: 1. It is to occur on lots adjacent to the I &M Canal or the Canal Reserve Strip; or 2. It is to occur on lots 10,000 square feet or more; or 3. The development will include more than 20 dwelling units; or 4. The development will include 7,500 square feet or more of commercial gross floor area; or 5. The building will be 35 feet or more in height or more than three stories tall. Section 11. Chapter 9, §17.11.040 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): N. Abandoned signs. Section 12. Chapter 9, §17.11.090. C of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): Awning Signs. Unless otherwise specified under the provisions of this chapter, the following shall apply: 1. Awning signs shall be allowed only directly above ground floor windows and entrances that face a public right of way; and 2. Awning signs shall be a minimum of eight feet above the sidewalk; and 3. Awning signs shall be located below the lowest sill of the second floor or below the cornice or eave of a one -story building; and 4. Awning signs shall not be internally illuminated; and 5. Awning signs shall be constructed of canvas or cloth with metal or wood supports; and 6. Awning signs shall display a single copy color or a single shall be limited to 50% of the awning surface on which it appears. Section 13. Chapter 11, §17.11.090.D of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): Projecting Signs. Unless otherwise specified under the provisions of this chapter, the following shall apply: 1. Projecting signs shall be mounted on the street -side, of buildings; and 2. Projecting signs shall be a minimum of eight feet above the sidewalk; and 3. Projecting signs shall be located below the lowest sill of the second floor level or below the cornice or eave on a one -story building, and in no case shall they have a maximum height above grade that exceeds 13 feet; and 4. Projecting signs shall be a maximum of eight square feet in size; and 5. Projecting signs shall have a maximum of two faces; and 6. Projecting signs shall be constructed of wood or metal and shall not be constructed of plastic or synthetic materials. Section 14. Chapter] 1, §17.11.120 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): Maximum sign dimensions as specified in this chapter shall be measured in conformance with Figure 17 -11 -02 of this chapter, except for the maximum sign dimensions of wall signs in the B -3 zoning district, which shall be measured in accordance with Figure 17 -11 -03 of this chapter. When measuring signs consisting of only mixed case lettering with no background, either the ascenders or descenders of the text shall be included as part of the sign area, but not both. Section 15. Chapterl 1, §17.17.060 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): SIGN STANDARDS The provisions of this section apply to signs in the historic district and are in addition to the provisions found in Chapter 17.11 of this ordinance. Where these provisions conflict with another provision of this ordinance, the stricter, or more restrictive, provision shall apply.. A. Wall Signs 1. Wall signs shall not project more than eight inches from the wall. 2. Wall signs on the front facade of a building shall not project higher than the bottom of the window sills of the second floor or other second floor architectural features of the building, whichever is less. 3. Wall signs shall not extend with two feet of the edge of a wall. Murals are prohibited on facades. 4. Wall signs shall be limited to a maximum of two square feet of sign area for every one linear foot of entrance -side building width. 5. Wall signs on facades must be dimensional signs. Wall signs on other elevations may be flat if they are constructed of wood or metal. B. Projecting Signs. Projecting signs shall have only two faces the- fag-ade: If less than 30 feet or more, the sign area shall be a faces; 2. Projecting signs shall have only two Projecting signs shall be a maximum of eight sauare feet in size; 32 square feet Projecting Signs shall be dimensional signs. C. Skin Materials and Colors. 1. The following sign constructions are prohibited: channel letters, symbols and Graphics; pan face signs; and cabinet signs. 2. Awning signs shall be of canvas. Awning frame members shall be a maximum of one inch in diameter. 3. Neon tubing is permitted. 4. Fluorescent and /or reflective materials and /or paints are prohibited. D. General Sian Guidelines 1. Signs shall complement and enhance the architecture of the building on which they are located and not be in conflict with the building architecture. They should not obscure, cover or be inharmonious with existing architectural features and proportions. 2. Generally, serif fonts are recommended but are not required. 3. Wood or metal sign boards, or modern materials simulating wood or metal, are recommended. Section 16. Chapterll, §17.11.160.0 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): Permitted Signs. The following signs are permitted in the downtown district: 1. Monument signs, provided that they do not exceed four feet in height and twenty -four feet in sign area. 2. Projecting signs —one per establishment shall be permitted. 3. Sandwich signs —one per establishment shall be permitted. 4. Wall Signs. 5. Window signs, provided that they do not exceed one per window. Window signs may be painted directly on the window glass. 6. Awning Signs. Section 17. Chapterll, §17.11.160.D of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words sen are deletions): Aggregate Sign Area Allowance. Each establishment within the Downtown District shall be allowed a maximum aggregate sign area for all permitted signs according to the following formula: linear feet of storefront x 2 = total square footage of all signs. Projecting signs shall be exempt from this allowance limitation. Additionally, all individual signs shall be subject to the provisions in paragraphs C thru G of this section. Section 18. Chapterll, §17.11.160.F of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): Sign Materials and Colors. 1. Signs of plastic or similar synthetic materials are prohibited. However, individual channel letters or letters and characters The following sign constructions are prohibited: channel letters, symbols and araphics; pan face signs; and cabinet signs. 2. 3. Awning signs shall be of canvas. Awning frame members shall be a maximum of one inch in diameter 4. Neon tubing is permitted. 5. Fluorescent materials and /or paints are prohibited. Section 19. Chapterl2, §17.12.140.D of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words snneken are deletions): Permitted Materials. Fences in B -1, B -3 or INT districts shall be constructed of the following materials only: wood or wood laminate, wrought iron, aluminum or vinyl. Fences in the B -4 district shall be constructed of wood or wood laminate, wrought iron, aluminum, vinyl, or chain link. Section 20. Chapterl2, §17.16.030.B.2 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): 2. Addition br removal of paint, signs, awnings, roofing materials, re- shingling, installation or removal of gutters and downspouts, or Section 21. Chapterl8, §17.18.040 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words stricken are deletions): APPLICABILITY This Land Cash Ordinance and any future amendments to it shall apply to all new developments Final Plats of Subdivision, special use approvals for planned unit developments, or other instances where the number of dwelling units allowed on a lot or parcel is increased. This applicability shall include all areas within the boundaries of the Village of Lemont and extend to areas within the Village's 1.5 -mile planning review area. Other fees required of developers outside this ordinance may apply. The dedications of land or cash contribution in lieu of land required by this ordinance shall also be required as a condition to the annexation of land, or as a condition to the subdivision of land either within the Village or within 1.5 miles of the Village limits, and such provisions shall be incorporated into any pre- annexation agreement or annexation agreement governing such land. Any required cash contribution shall be submitted to the Village prior to the approval of a Final Plat of Subdivision. In instances where development occurs without the need to subdivide land, required cash contributions shall be paid at time of site development or building permit application, whichever occurs first. (Ordinance 0- 36 -08) Section 22. Chapterl8, §17.18.060.F of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words strickcn are deletions): Improvements. 1. Prior to conveyance, all sites shall be prepared in accordance with the Village's subdivision code and water retention /detention requirements, except as varied by the specific terms of this Ordinance, an annexation agreement or planned unit development ordinance. - _ _ _ • shall not exceed a five to one slope. Thoso areas, whore by crown vetch suitable vegetative cover which eliminates the need District specification as to seed mixture. Section 23. Chapter 20, Table 17 -20 -01 is amended as follows: for the B districts entry in the table, change 2.0 plant units / 100 ft to 1.5 plant units per 100 ft Section 24. Chapter 20, §17.20.090.A.2 of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words ken are deletions): Foundation landscaping May shall consist of large and small shrubs, ornamental grasses, perennials, and annuals, or some combination of these plants. Section 25. Chapter 20, §17.21.030.H of the Unified Development Ordinance is hereby amended as follows (words underlined are additions and words are deletions): H. Windows. A minimum of 40% of the area between four feet and ten feet in height on a building elevation facing a public street street facing building facade between four feet and ten foot 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. (Ord 0- 54 -09) PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DuPAGE, ILLINOIS, on this 24th day of October, 2011. Debby Blatzer Paul Chialdikas Cliff Miklos Rick Sniegowski Ron Stapleton Jeanette Virgilio Attest: AYES NAYS PASSED ABSENT v v BRIAN K. REAVES, Village President CHARLENE M. SMOLLEN, Village Clerk