O-54-09 07-27-2009VILLAGE OF LE ONT
ORDINANCE NO. °~- a~
AN ORDINANCE AMEDING THE LEMONY UNIFIED DEVELOPMENT
ORDINANCE OF 2008, LEMONY, ILLINOIS
ADOPTED BY THE
PRESIDENT AND BO~iRD OF TRUSTEES
OF THE VILLAGE OF LEMONY
THIS 27TH DAY OF JULY, 2009
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 27ra
day of July, 2009.
ORDINANCE NO. ' ` ~ ~ - j
AN ORDINANCE AMEDING THE LEMONY UNIFIED DEVELOPMENT
ORDINANCE OF 2008, LEMONY, ILLINOIS
WHEREAS, the Village of Lemont approved Ordinance 0-07-08 adopting the Lemont
Unified Development Ordinance of 2008 with an effective date of March 15, 2008; and
WHEREAS, on June 17, 2009, 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
4-0 with three members absent to recommend their approval;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of
the Village of Lemont, that the Lemont Unified Development Ordinance of 2008 is hereby
amended as follows:
Amendment 1. Amend/add the following definitions to Chapter 17.02:
"BED AND BREAKFAST an operator-occupied residence providing accommodations
for a charge to the public with no more than 5 guest rooms for rent, in operation for more
than 10 nights in a 12 month period. Breakfast may be provided to the guests only. Bed
and breakfast establishments shall not include motels, hotels, boarding houses, or food
service establishments.
"CONTAINER, STORAGE An industrial, standardized reusable vessel that:
a. Originally, specifically or formerly designed for or used in the packing, shipping,
movement or transportation of freight, articles, goods or commodities;
and/or,
b. Was designed for or is capable of being mounted or moved on a rail car;
and/or,
c. Was designed for or is capable of being mounted on a chassis or bogie for
movement by truck trailer or loaded on a ship; and/or
d. Is typically delivered or removed from site by truck, truck trailer, rail, or ship.
"HELIPORT.....An area providing for the take-off and landing of helicopters including
operations facilities such as maintenance, fueling, loading, unloading, or terminal
facilities.
"SHED An accessory building used for storage of items concomitant with the
operations or maintenance of land uses on the lot. Sheds are often purchased pre-built or
in a kit in pre-fabricated sections. A shed can be attached or unattached to a foundation
or footing, and distinct from a storage container.
"STRUCTURE, TEMPORARY A structure that is readily moveable and used,
manufactured, or intended to be used for limited periods of time, and usually lacking a
permanent foundation.
"STRUCTURE, MEMBRANE A nonpressurized structure composed of a rigid
framework to support a tensioned membrane which provides a weather barrier."
Amendment 2. Add a new Paragraph E to § 17.04.020. The new Paragraph E shall read
in its entirety:
"E. Voiding of Application. An application shall be considered void if, upon timely
review by the Village, the applicant fails to respond to the review comments within one
year of the date of notification of the review."
Amendment 3. Delete sub-paragraph 17.04110.B.6 in its entirety.
Amendment 4. Change the title and first sentence of § 17.04.130 to read:
"OTHER PLATS
Applications for vacations of rights of way, or instruments relating to the vacation of land
impressed with a public use, plats of dedication and plats of easement shall be made to
the Community Development Director."
Amendment 5. In Table 17-06-01, amend the permitted use and special use annotations
for each of the following uses as follows:
^ bed and breakfast allow as a permitted use in the DD district
^ Hotel/motel-allow as a permitted use in the DD district
^ Youth hostel-allow as a special use in the DD district
^ Agriculture on lots of 5 acres or more-allow as a special use in the B-3 zoning
district
Amendment 6. In Table 17-06-01, add the use "heliport" under the heading of Public,
Civic, Educational, and Other; annotate the table to indicate "heliport" as a special use in
the INT and M-3 districts.
Amendment 7. In Table 17-06-01, add the use "Agriculture on lots less than 5 acres"
under the heading of Public, Civic, Educational, and Other; annotate the table to indicate
the use as a special use in the B-3 district.
Amendment 8. In Table 17-06-02, amend the entry "Sheds and storage buildings" to
read "Sheds, in R districts, up to a maximum of 160 square feet" and allow in accessory
use in rear and side yards.
Amendment 9. In Table 17-06-02, add the entry "Sheds and storage buildings in
districts other than R districts" and allow the accessory use in rear and side yards.
Amendment 10. Change 17.06.120.0.2 to read in its entirety:
"Seasonal outdoor storage as defined by this ordinance, provided that if the storage
includes a temporary structure, the provisions of 17.06.150 are met;. or"
Amendment 11. Add the following new section to Chapter 17.06:
"17.06.150 TEMPORARY BUILDINGS, STRUCTURES, AND USES
A. Authorization. Except where stated otherwise in this section, temporary uses,
buildings and structures may be placed on a lot or parcel only when:
L In compliance with the provisions of this section; and
2. The Village has issued a permit or license, or with the express written
consent of the Community Development Director.
B. Permitted Temporary Uses, Buildings, or Structures. Only the following
temporary uses, buildings or structures are permitted:
1. A temporary building or structure for use as temporary housing in
accordance with the provisions of 17.06.060.
2. Temporary buildings and structures incidental to construction work,
except those related to construction of single-family dwellings, provided
they are placed on the developing tract or parcel. No cooking
accommodations shall be maintained and the temporary building or
structure shall not be used for dwelling purposes. The temporary building
or structure shall be removed within 15 days after construction is
complete.
3. Temporary classrooms for public or private schools with expansion needs.
Such temporary classrooms shall be placed a minimum of 250 feet from
any adjacent R-zoned property. Temporary classrooms shall not be
allowed more than 18 months; the 18-month period shall commence with
zoning approval by the Zoning Administrator. At the applicant's request,
the Community Development Director may, at his/her discretion, extend
the 18-month period for a maximum of six months.
4. Tents or membrane structures 150 square feet or less for periods of less
than 120 days in all zoning districts.
5. Tents or membrane structures in excess of 150 square feet in the B-4, M-1,
M-2, and M-3 zoning districts.
6. Tents or membrane structures in excess of 150 square feet as a special use
in the B-3 zoning district.
7. Temporary real estate offices in accordance with the provisions of
17.06.070.
8. Temporary uses and structures, associated with bona fide special events,
as approved through the Village's special events approval procedure, for
the tenure of the special event only.
9. Temporary buildings or structures which are part of a movie production
project per agreement between the Village and the production company.
C. Performance Guarantee. The Community Development Director may require a
performance guarantee in an amount equal to the estimated cost of removing the
requested temporary structure.
The applicant shall sign an affidavit holding the Village harmless against
any claim for damages if the Village were to use the performance
guarantee to remove the temporary structure after its authorized period has
expired. Further, the applicant shall consent in writing to special
assessment of any Village expenditure in excess of the performance
guarantee or deposit to compete removal or cure.
2. In the event the temporary structure is not removed in accordance with the
time limits of this section or conditions of the Village use, permit or
license approval, the Village may use the performance guarantee to
remove the temporary structure.
The performance guarantee shall be returned when all the terms and
conditions of the temporary approval have been met."
Amendment 12. Amend paragraph 17.08.080.B, to read in its entirety:
"B. PUD Final Plan/Plat Approval. Within one year of approval of the PUD
Preliminary P1anlPlat, the applicant shall file for approval a PUD Final Plan/Plat covering
all or part of the approved PUD Preliminary Plan/Plat. The PUD Final Plan/Plat shall be
in substantial compliance with the PUD Preliminary Plan/Plat, i.e., the number of
dwelling units has not been increased, the height of the buildings has not been increased,
building materials are the same or of equal quality, and the general quantities and quality
of the landscaping material is the same, and any changes to the final engineering do not
alter the general design characteristics of the PUD Preliminary Plan/Plat.
The application for PUD Final Plan/Plat shall be made to the Community
Development Director, who upon confirmation of the application's completeness,
shall forward it to other appropriate Village staff for review and comment. The
Final Plan/Plat with staff comments shall be reviewed by the Planning & Zoning
Commission. The Planning & Zoning Commission shall determine whether the
PUD Final Plan/Plat is in substantial conformance with the PUD Preliminary
Plan/Plat, and forward its determination to the Village Board.
2. The Village Board, upon receiving the determination from the Planning & Zoning
Commission shall vote to either approve or disapprove the PUD Final Plan/Plat."
Amendment 13. Add the following paragraph M to 17.11.040:
"M. Attention-getting devices such as pennants, propellers, spinners, streamers,
searchlights, or similar devices or ornamentation used primarily for the purpose of
attracting attention to promote a business or commercial activity, except for searchlights
used in conformance with the standards of 17.11.100.E."
Amendment 14. Add the following sentences to the end of 17.11.100.E:
"Searchlights may be used in conjunction with a special event, and may be used in
addition to other approved special event signs. Searchlights, however, shall not be used
for more than one consecutive day, and shall be limited to a total of three days per
calendar year, per business establishment, organization, or address." Use of searchlights
shall not extend beyond normal business hours or midnight, whichever is earlier."
Amendment 15. Add the following sentence to the end of paragraph 17.11.140.B:
"The maximum of 64 square feet may be applied to two sides of a monument sign, for a
total of 128 square feet per monument sign."
Amendment 16. Change paragraph 17.12.E.3 to read in its entirety:
"Fences for recreational land uses or for security purposes as specified in a special use
approval, or fences erected for security at a telecommunications or public utility site."
Amendment 17. Add the following two sub-paragraphs to Paragraph 17.16.OSO.D:
"10. Whether the building or structure is in such a deteriorated condition that it is not
structurally or economically feasible to preserve or restore it, or whether there is a
compelling health or safety reason to demolish the building or structure. Any hardship or
difficulty claimed by the owner which is self-created or which is the result of failure to
secure or maintain the property in good repair cannot qualify as a basis for a Certificate
of Appropriateness.
"11. Whether the building is 50 years or older unless it has no historic or architectural
merit."
Amendment 18. 17.21.O10.B. Amend Paragraph 17.21.O10.B to read in its entirety:
"The standards of this chapter apply to all new commercial construction in all B zoning
districts. See Chapter 17.09 for design standards for the DD district."
Amendment 19. Delete sub-paragraph 3 from paragraph 17.21.030.A; renumber the
sub-paragraphs accordingly.
Amendment 20. In paragraph 17.21.030.H change "50%" to read "40%".
Amendment 21. Change paragraph 17.22.040.B to read in its entirety:
"The provisions of this chapter may be waived by the Community Development Director
in cases where the applicant for a building permit could not have been expected to have
had knowledge of the plans for a neighboring residential building that was approved but
not yet built.
Amendment 22. Amend the title heading to § 17.18.050 to read:
"LAND/CASH CONTRIBUTIONS"
Amendment 23. In Chapter 17.18 add a new section 17.18.075 to read in ' entirety:
"CRITERIA FOR LIBRARY LAND DEDICATION
Th ltimate density of a proposed development sha ear directly upon the
amou of land required for dedication. The tot equirement shall be two acres
~ ~ ~ of land p 1,000 of ultimate population. Gu' elines or plans adopted by the
~~ ~-~ Lemont Lib District shall be used in 1 ating appropriate sites. A central
location which- ill serve the entire de opment and adjacent areas is desirable."
Amendment 24. In 17.18.08. ,add wsub-paragraph 3 and renumber the following
sub-paragraphs accordingly. The wsub-paragraph shall read in its entirety:
" 3. The cash contr' tion in lieu library land dedication shall be held in trust
by the Village at the discretion of Village, paid directly to the public body
affected sol for the acquisition of libr sites which will be available to serve
the imm late or future needs of the residen of that subdivision or development
or fo e improvement of or addition to existin ibrary sites or facilities which
adv serve such needs."
Amendment 25. In Appendix A, Table A-1, change the annexation fee section of the
table to read as follows:
"Annexation $250 per acre, existing zoning lot, existing dwelling unit, or
proposed zoning lot or dwelling unit, whichever is greater. A filing fee of 10% of
the total fee, or a minimum of $250, is payable upon application. The balance is
due prior to approval of the final plat of subdivision. If the territory being
annexed will not be subdivided, i.e., there will be no application for final plat,
then the balance is due prior to approval of the annexation."
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, WILL, AND DU PAGE,
ILLINOIS, on this 27`h day of July, 2009.
AYES NAYS
Debby Blatzer ~
Paul Chialdikas ~°°
Clifford Miklos '°~
Ron Stapleton ~
Rick Sniegowski
Jeanette Virgilio
ATTEST:
PASSED ABSENT
Approved by me this 27`" day of July, 2009
~ ~ -'
BRIAN K. REAVES, Village President
f `d
_~
CHARLENE M. SMOLLEN, Village Clerk