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O-10-09 01-12-2009VILLAGE OF LEM(~NT ORDINANCE NO. d :.moo AN ORDINANCE AMENDING THE LEMONY UNIFIED DEVELOPMENT ORDINANCE OF 2008, LEMONY, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY THIS 12TH DAY OF JANUARY, 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 12`h day of January, 2009. ORDINANCE NO. 0- o '-o AN ORDINANCE AMENDING 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 with an effective date of; and WHEREAS,on December 16, 2008 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, notice of the aforesaid hearing was made in a manner provided by law and was published in the Daily Southtown, a newspaper of general circulation within the Village; and WHEREAS, the Lemont Planning & Zoning Commission found that the proposed amendments were consistent with the purposes of the Lemont Unified Development Ordinance and voted 5-0 to recommend their approval; NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Lemont, Counties of Cook, Dupage, and Will, State of Illinois, that the Lemont Unified Development Ordinance of 2008 is amended as follows: [BEGIN AMENDMENTS] Chapter 17.02 Add the following definitions to Chapter 17.02: BROKERAGE OR FINANCIAL ADVISING An establishment where the principal business is the selling of stocks, bonds, securities, commodities, and/or offering clients advice on investments or financial planning. BUILDING FRONTAGE Any elevation of a building facing a public street or private street. CEMETERY A place used for or intended for the interment of human or animal remains or cremated remains, including a burial park for earth interments, mausoleums, and columbariums or a combination thereof. COLLEGE/UNIVERSITY An institution other than a trade school that provides full- or part-time education beyond high school and that grants associate and bachelor degrees and may offer research facilities and confer post-graduate degrees. See also "TRADE SCHOOL." CONTAINER STORAGE YARD A facility for the parking and/or storage of containers or trailers where the parking areas are not attendant to the operation of a specific freight transportation terminal. See also: "FREIGHT TRANSPORTATION TERMINAL." CREMATORIUM A location containing apparatus intended for the use of cremating human remains. 2 ENTERTAINMENT COMPLEX A facility for the presentation of the performing arts including indoor movie theater, indoor stage performances, and indoor or outdoor concert halls. "Entertainment complex" includes restaurants or other eating establishments as an accessory use. "Entertainment complex" does not include adult motion picture or burlesque shows. FORTUNE TELLING BUSINESS A use involving the foretelling of the future in exchange for financial or other valuable consideration. Fortune telling includes instances where the fortune is told through astrology, augury, card or tea reading, cartomancy, clairvoyance, clairaudience, crystal gazing, divination, magic mediumship, necromancy, palmistry, psychometry, phrenology, prophecy, spiritual reading or any similar means. Fortune telling does not include forecasting based on historical trends or patterns or based on religious dogma. FREIGHT TRANSPORTATION TERMINAL A facility that (1) includes buildings for the storage, transfer, or transshipment of freight, AND (2) is used by a commercial establishment primarily engaged in the movement of freight, mail, or packages. This definition includes accessory parking areas attendant to the operation of the transportation service, i.e. parking areas provided for the overnight or temporary storage of truck tractors and trailers. See also "CONTAINER STORAGE YARD." GOVERNMENT FACILITY A structure or land use operated by the federal, state, or local government or by a local taxing body, e.g. Lemont Township, for the accomplishment of government services. INDOOR RECREATION A indoor place or facility where pinball, computer games, or other similar electronic games are played for amusement only. Other indoor recreational activities such as practice apparatus and activities for sports are also included in this category. "Amusement arcade" does not include bingo games or gambling devices or any other device prohibited by law. LUMBERYARD A facility where building materials such as lumber, plywood, drywall, paneling, cement blocks and other cement products, and other building products are stored and sold. Lumberyards may also process lumber by performing millwork, planing, cutting, and other customizing processes. Lumberyards may provide for the sale of associated products including tools and fasteners. This definition does not include facilities where a lumberyard is an accessory use or ancillary to other uses, such as a retail home improvement center. OUTDOOR RECREATION Commercial premises where the primary use is predominately participant activities conducted in open or partially screened enclosures. Typical facilities include driving ranges, miniature golf, swimming pools, tennis courts, paint ball fields and woodlands, motorbike trails. NON-CONFORMING LOT Any lot of record which does not comply with all the regulations of this ordinance or of any amendment hereto governing lot dimensional standards. PARKING LOT An open, off-street, ground-level, surfaced area for the temporary storage of five or more motor vehicles PERSONAL SERVICES An establishment offering specialized services and related merchandise for the fulfillment of frequent or reoccurring personal needs. "Personal services" includes barber shops, hair salons, spas, massage services by masseurs or masseuses licensed by the State of Illinois, shoe repair and tailor shops. "Personal services" does not include tattoo parlors or fortune telling businesses, which are more specifically defined by this ordinance. RETAIL BUSINESS A commercial establishment, not more precisely defined by this ordinance, which provides for the purchase, sale, lease, or exchange of goods, and/or the provision of services. SCHOOL A public, private, or parochial education facility offering instruction at the pre-k, kindergarten, elementary, junior, and/or senior high school levels in the branches of learning and study required to be taught in public schools by the State of Illinois. TRADE SCHOOL An institution that provides instruction in clerical, managerial, industrial, artistic or other such skills and does not grant associate and bachelor degrees. See also "COLLEGE/LJNI VERSITY." TELECOMMUNICATIONS TOWER A tower, pole, or similar structure that supports a telecommunications antenna in a fixed location, freestanding, guyed, or on a building or other structure. This definition also includes structures supporting such equipment and attendant parking. UTILITIES All lines and facilities related to the provision, distribution, collection, transmission, or disposal of water, storm and sanitary sewage, oil, gas, power, information, telecommunication and telephone cable, and including facilities for the generation of electricity, except as more specifically defined by this ordinance. Chapter 17.02 Amend the following definitions in Chapter 17.02 to read in their entirety: CARPORT A permanent, roofed structure, permanently open on at least two sides, designed for or occupied by private passenger vehicles. LOT OF RECORD A lot of record is: 1. An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to state statute, with the Recorder of Deeds of the applicable county; or 2. Any lot created prior to November 11, 1964 that is not designated on recorded plat of subdivision, but was created in conformance with the Illinois Plat Act; or 3. Any lot created on or after November 11, 1964 that is not designated on a recorded plat of subdivision, but was created in conformance with the subdivision regulations of the Municipal Code of the Village of Lemont in effect at the time of the creation of the lot. MANUFACTURED HOME A dwelling unit fabricated in an off-site manufacturing facility, designed to be a permanent residence, and built after the enactment of the Federal Manufactured Home Construction Safety Standards. See also "MOBILE HOME." NON-CONFORMING USE Any use of land, building or structure lawfully established but which does not comply with all the regulations of this ordinance or of any amendment hereto governing the use of land. SUBDIVISION The division of a lot, tract, or parcel of land into two or more lots or other divisions of land for the purpose, whether immediate or future, of transfer of ownership or building development. The dedication of streets, ways, or other areas for use of the public shall also be considered a subdivision. The term subdivision includes resubdivision, and where appropriate to the context, relates to the process of subdividing or the land subdivided. For the purposes of this ordinance, the following cases shall not constitute a subdivision: a) the division of land into parcels or lots of more than 5 acres, when such division does not involve any new street; or b) the division of land for the purpose of transfer of ownership between adjoining property owners, when such division does not create an additional lot or lots; or c) the conveyance of parcels of land or interests therein for use as right-of--way for railroads or other public utility facilities and other pipelines, when such conveyance does not involve any new street or easement of access. 4 Chapter 17.04 Amend Paragraph 17.04.1 10.A as follows: Delete the first sentence and replace with "A certified plat of subdivision shall be required for all subdivisions within the corporate limits of the Village and within one and one-half miles of the corporate limits of the Village." Chapter 17.06 Amend Table 17-O6-Ol as follows: Add the use "indoor recreation" under the heading of Commercial Recreation; annotate table to indicate "amusement arcade" as a permitted use in DD, B-1, and B-3 districts. Add the use "container storage yard" under the heading of Industry and Manufacturing; annotate the table to indicate "container storage yard" as a special use in the M-1, M-2, and M-3 districts. Add the use "fortune telling business" under the heading of Retail Sales and Service; annotate the table to indicate "fortune telling business" as a permitted use in the M-1 and M-2 districts. Add "personal services" under the heading of Retail Sales and Service; annotate the table to indicate "personal services" as a permitted use in the DD, B-1, B-3 districts. Under the heading of Vehicle-Related Land Uses, delete the use "auto/light truck sales and service" Under the heading Commercial Recreation, delete the use "swimming pool" Add the use "freight transportation terminal" under the heading of Industry and Manufacturing; annotate the table to indicate "freight transportation terminal" as a permitted use in M-2 and M-3 districts; allow as a special use in the M-1 district. Add the use "lumberyard" under the heading of Retail Sales and Service; annotate the table to indicate "lumberyard" as a permitted use in the M-1, M-2, and M-3 and a special use in the B-3. Add the use "tattoo parlor" under the heading of Retail Sales and Service; annotate the table to indicate "tattoo parlor" is not allowed as a permitted use or special use in any zoning district. Under the heading of Animal Services, change the use term "animal grooming sales and service" to "animal grooming service" Under the heading of Funeral and Internment Services, change the term "cremating" to "crematorium" Under the heading Civic and Civic-Related, change the term "Municipal facilities" to "Government facilities." Under the heading Public, Civic, Educational, Other, change the term "Cellular telephone, telephone exchange and microwave relay towers" to "Telecommunications tower." Under the heading "Retail Sales and Service (except as more specifically regulated)" add the words "retail business" before all entries beginning with "With GFA..." [e.g. "Retail business with GFA less than 15,000 sq ft] Under the land use "Utilities, not as part of a subdivision plat" add the phrase "and not regulated more specifically by Ordinance 0-94-07, Standards for the Construction of Facilities in the Public Right of Way.,, Chapter 17.06 In Table 17-06-01, amend the permitted use and special use annotations for each of the following uses as follows: 5 ^ Assisted living facility-allow as special use in INT ^ Group home-allow as special use in INT ^ Nursing home-allow as special use in INT ^ Transition shelter-allow as special use in INT • Group living not otherwise classified-allow as special use in INT ^ Bed and breakfast-allow as permitted use in all R districts and DD district ^ Government facilities-allow as permitted use in DD ^ Parks and playgrounds-allow as permitted use in all zoning districts ^ Postal service-allow as permitted use in DD and INT ^ School, pre-K thru K-12-allow as permitted use in INT and S in DD ^ Trade school-allow as permitted in DD Chapter 17.06 Amend Table 17-06-02 as follows: Add a new category to Table 17-06-02: "Solar and wind power devices and structures, providing they are at least 7.5 ft from all lot lines. Such devices may be mounted on any elevation of any building on the zoning lot and may extend up to 12 feet above the maximum height permitted in the zoning district in which the lot is found." Additionally, indicate in Table 17-06-02 that this new category shall be permitted in front, side, corner side, and rear yards. Add new category to Table 17-06-02: "Generators, electric, permanently installed, provided they are at least four feet from all lot lines." Additionally, indicate in Table 17-06-02 that this new category shall be permitted in side and rear yards. Add new category to Table 17-06-02: "Gazebos, pergolas, and similar structures, provided they are at least 10 ft from all lot lines or equal to the setback of a conforming principal structure, whichever is less." Add the following sentence to the end of the entry beginning with Swimming pool, private: "This minimum of 7.5 ft shall apply to all swimming pools, regardless of whether they are above-ground pools or at grade." §17.06.080 Delete sub-paragraph 17.06.080.6.10 in its entirety. §17.06.120 Add the following sub-paragraph to 17.06.120.0.5: "i. Freight transportation terminal" Chapter 17.11 17.11.120 Amend 17.1 1.120 to read in its entirety: 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. Add a new figure in chapter as follows.: Figure 17-11-03 B-3 Wall Sign Illumination (figure is attached hereto and incorporated herein as Exhibit A) §17.11.080. D.5 Change sub-paragraph D.5 of § 17.1 1.080.to read in its entirety: 6 "5. Internally illuminated signs are prohibited, except for wall signs located in the B-3 zoning district. See § 17.11.140 for standards on the types of illumination allowed. Signs that are externally illuminated, e.g. gooseneck lighting, floodlights, are allowed in all zoning districts." 17.1 1.040.E Delete the following phrase from paragraph 17.1 1.040.F: "except as allowed by §17.11.080.D of this ordinance" §17.11.140 Add new paragraph "F." with sub-paragraphs 1 and 2. This new paragraph with sub-paragraphs shall read in its entirety: "F. Wall Signs in the B-3 Zoning District. Each tenant or establishment in the B-3 zoning district shall be allowed wall signage as follows: 1. signage may consist of various elements such as the name of the establishments, trademarks or logos. The maximum area permitted for the all of these elements shall be limited to one square foot per each lineal foot of building frontage or 72 square feet, whichever is less. Each of these elements shall be measured in accordance with Figure 17-11-03. 2. Signage may be either externally illuminated or internally illuminated. External illumination light sources shall be gooseneck lighting or floodlights. If the signage is internally illuminated, the following provisions shall apply: a. Internal illumination shall be limited to channel letters, reverse-channel letters, and single-face box signs where only the copy and/or logo are translucent, i.e., the background of the single-face box shall remain opaque. b. The total area of all internally-illuminated trademarks or logos shall be limited to a maximum of 40% of the maximum sign area as allowed by this section. See Figure 17- 11-03, B-3 Wall Sign Illumination Standards for examples and clarification of permitted internally illuminated signs." 17.11.140.0 Amend the paragraph heading and the first sentence of 17.11.1400 to read as follows: "C. Wall signs in the B-1 and INT districts. One wall sign per building elevation facing a public street shall be permitted in the B-1 and INT districts." 17.11.140.0.1. Amend 17.11.140.0.1 to read in its entirety: [Each wall sign shall]: 1. Be limited in area to one square foot per each lineal foot of building frontage to a maximum area of 96 square feet. 17.11.140.0.2 In sub-paragraph C.2 of § 17.1 1.140 delete the words "on routed signs" at the end of the sub-paragraph. 17.11.160.0.2. Delete 17.11.160.0.2 in its entirety. Renumber sub-paragraphs 3-6 accordingly. 17.11.160. E.1 Amend the first sentence of 17.1 1.160.E.1 to read: "A maximum of three signs is permitted on each fagade." 7 17.11.200.A.1 Amend 17.1 1.200.A.1 to read: "Be allowed only within the Electronic Message Center Overlay District as depicted in Map 17-11-02 or at service stations; and" 17.11.200.A.3 Add the following sentence to the end of sub-paragraph 17.200.A.3: "Service stations shall be exempt from this 500-ft distance requirement, and an electronic message center at a service station shall not prevent the establishment or operation of another electronic message center that would otherwise be allowed under this chapter." 17.11.200.6.4 Amend sub-paragraph 17.11.200.6.4 to read in its entirety: "The electronic message center at service stations shall be limited to the prices of motor fuel products and the height of the "$" and the numbers which indicate the prices shall be no greater than 15 inches. Up to four prices of motor fuel products may be displayed, so long as all the other restrictions of this chapter and this section are met." 17.12.030.6.3 Amend 17.12.030.8.3 to read: "The fence is open in design and has a maximum opacity of 50%. Chapter 17.20:- Amend Table 17-20-01 as indicated on Exhibit B, attached hereto and incorporated herein. ' 17.20.040.6 Change sub-paragraphs 1-4 of 17.20.0406 to read as follows: "l. 0.5 canopy trees; 2. 1.0 evergreen trees 3. 1.5 understory/ornamental trees 4. 6.0 shrubs or 6.0 minimum 18-inch containers of ornamental/native grasses" 17.20.040.8.5 Delete sub-paragraph 17.20.020.6.5 in its entirety. 17.25.020.H At the end of the first sentence of paragraph 17.25.020.H, add the phrase "the Village Grading Technician or their designates." [END OF AMENDMENTS] 8 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONY, COUNTIES OF COOK, DuPAGE, AND WILL, ILLINOIS, on this 12t" day of January, 2009. Debby Blatzer Peter Coules Clifford Miklos Brian Reaves Ron Stapleton Jeanette Virgilio f~t~t~St: ~~.~~ \~ , LHAI2I~ \~ AYES /" v .~ JOHN F. ,L f ~`Yv~cr-~C~~J M. SMOLLEN, Village NAYS PASSED ABSENT ent p;XHIBIT A: Figure 17-11-03 B-3 Wall Sign Illumination EXHIBIT B: Table 17-20-01 Landscaping Requirements Along Streets 9 FIGURE 17-11-03 B-3 Wall Sign Illumination The maximum allowable sign area is the aggregate of (1) the business name; (2) the business's trademark or logo; and (3) any other desired copy. The area of the trademark or logo shall be no greater than 40% of the maximum allowable sign area. In the example above, the tenant wishes to internally illiminate a business name, a logo, and some additional text describing the business's services. The tenant has 60 linear feet of building frontage, so a total sign area of of 60 square feet is allowed. The logo may be a maximim of 24 square feet, leaving the remaining allowable sign area of 36 square feet for the business name and the additional text. The dotted white lines indicate how the sign area is measured. Illustra- tion not to scale. In the example below, the tenant wants to internally illuminate only a logo that includes the business name. The tenant has 60 linear feet of building frontage, so a total sign area of of 60 square feet is allowed. However, logos are limited to a maximum of 40% of the total allowable sign area. Therefore, this sign may be a maximum of only 24 square feet. The dotted white line indicates how the sign area is measured. Illustration not to scale. Table 17-20-01 Landscaping Requirements Along Streets ZONING STREE T TYPE local Arterial and Collector R Districts One canopy tree per 40 ft of street Three plant units per 100 ft of street frontage frontage B Districts* One plant unit per 100 ft of street Two plant units per 100 ft of street fronta e* fronta e* M Districts One plant unit per 100 ft of street One plant unit per 100 ft of street fronta e fronta e INT District One plant unit per 100 ftof street One plant unit per 100 ft of street fronta e fronta e * For B districts, ornamental or canopy trees may be substituted for up to 50% of the required evergreen trees.