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O-10-14 Ordinance Amending Title 17 of the Lemont Municipal Code, UDO Amendments VILLAGE OF LEMONT ORDINANCE NO. 0-104/ 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 10th DAY OF FEBRUARY,2014 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 10th day of February,2014. ORDINANCE NO. 0-1a'/11 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 December 18, 2013, 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,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, Cook, DuPage and Will Counties, Illinois, as follows: SECTION 1: The foregoing findings and recitals are herby adopted as Section 1 of this Ordinance and are incorporated by reference as if set forth verbatim herein. SECTION 2: The Lemont, Illinois Municipal Code("Village Code"), as amended, is further amended in Title 17, Unified Development Ordinance, Chapter 17.02 Definitions, with additions shown in underline text and deletions shown in strikethrough, so that the following definitions shall be amended and/or added to Chapter 17.02 in alphabetical order: CHAPTER 17.02 DEFINITIONS CONSTRUCTION CONTRACTOR Any land or buildings used of the premises An individual or business engaged in the conduct of any building trades, building craft, or road construction. CONSTRUCTION CONTRACTOR YARD Any land used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, P aints, pipe, lumber, or p electrical components used by the owner or occupant of the premises in the conduct of any building trades, building craft, or road construction. ction. CONTAINER STORAGE CARGO An industrial, standardized reusable vessel that: 1. Originally, specifically, or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or 2. Was designed for or is capable of being mounted or moved on a rail car; and/or, 3. 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 4. Is typically delivered or removed from site by truck,truck trailer, rail, or ship. CONTAINER, SELF-STORAGE A portable storage unit designed and used exclusively for the storage of personal property which is designed to be delivered to a customer's house for on location packing and subsequent pick-up and delivery to a storage facility. CULTIVATION CENTER. A facility operated by an organization or business that is registered by the Department of Agriculture to perform necessary activities to provide only registered medical cannabis dispensing organizations with usable medical cannabis. MEDICAL CANNABIS DISPENSING ORGANIZATION. A facility operated by an organization or business that is registered by the Department of Financial and Professional Regulation to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis,paraphernalia, or related supplies and educational materials to registered qualifying patients. Also referred to as a "dispensing organization," or "dispensary organization". MEDICAL CANNABIS ORGANIZATION. A Medical Cannabis Dispensing Organization or Cultivation Center. SECTION 3: The Village Code, as amended, is further amended in Title 17, Unified Development Ordinance, with additions shown in bold and underlined text and deletions shown in strikethrough, so that said Title 17 shall be read as follows: 17.04.020 APPLICATIONS F. Costs. The applicant shall be responsible for the payment of the Village's direct costs associated with review and processing of the land use application, including, but not limited to: public notice costs, fees of consultants hired by the Village to evaluate the application, recordation and preparation of the public record, services of a court reporter, and removal of the public notice sign. In order to ensure payment, the applicant shall be required to establish with the Village an escrow account upon application. Action on the application may be withheld pending establishment of the account, replenishment of the escrow account, or reimbursement of the Village's direct costs. The escrow account requirement may be waived by the Planning and Economic Development Director. _ - .._ • . • . .••-• - _ , . *** 17.04.040 PUBLIC HEARINGS AND APPROVAL H. Costs. The applicant shall be responsible for the Village's costs associated with the public hearing, including public notice, consultant fees, recordation and preparation of the public hearing record, and services of a court reporter. In order to ensure payment, the Community Planning&Economic Development Department shall require the establishment of an escrow account prior to the public hearing. The escrow amount shall be based on anticipated costs associated with the application. Action on the application may be withheld pending establishment of the account or reimbursement of Village costs associated with the public hearing. The escrow account requirement may be waived by the Planning and Economic Development Director. • .. .• . . • . _ -- *** 17.04.110 SUBDIVISION OF LAND AND FINAL PLATS *** B. Preliminary Plat Review and Approval. Approval of a preliminary plat shall not constitute approval of the final plat, nor qualify a plat for recording with the appropriate county. Rather, it shall be deemed a guide for the preparation of the final plat and final development plans. Furthermore,the approval of a preliminary plat shall vest no rights to the applicants other than the right to submit a final plat. The procedure for approval is: 1. The applicant, or those considering applying for a subdivision of land, shall schedule a review by the Technical Review Committee with the Planning and Economic Development Director. -:- • .._ .. • _ - . • .. -' - •- *-- - - .• - -- • . This review by the TRC may occur before or after a formal application has been received. The Planning and Economic Development Director shall schedule a meeting of the Technical Review Committee and distribute copies of the application materials to the Technical Review Committee for review. C. Final Plat Requirements. Final Plat applications shall be submitted to the Community Development Department on forms available from the department. The application shall be submitted in-person. A check-in of all documents required in the Final Plat stage of the approval process may occur at one time or separately. Final Plat app lications shall include: 1. The signed Final Plat Mylar(applicant may submit paper copy first; then upon staff approval, submit Mylar); See • .. .• -• , . shall show, and see Appendix D for sample certificates that must be affixed to the plat. 2. The executed covenants and restrictions, if any; 3. All executed agreements, if any; 4. The executed performance assurance, if any; 5. Required donations (i.e. impact fees) and annexation fees, if any. D. Final Plat Approval. Within one year of approval of the preliminary plat, the applicant shall file for approval of final plat covering all or part of the approved preliminary plat.No final plat application shall be forwarded for review and approval unless it includes the required certificates. (See Appendix GD for final plat certificates.) The final plan/plat shall be in substantial compliance with the preliminary plan/plat, i.e., the number of dwelling units has not been increased, height of 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 plans do not alter the general design characteristics of the preliminary plan/plat. *** 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: 1. 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. 10. Temporary buildings or structures and tents or membrane structures in any B or M zoning district associated with seasonal outdoor storage, as defined by this ordinance. The temporary building, structure,tent, or membrane structure shall only be allowed for the duration of the seasonal outdoor sales operations. 11. Self-storage containers in any residential zoning district, for periods of less than 15 days. The self-storage container must be placed on the property's driveway, if a driveway is available. If a driveway is not available, the container must be placed at least five feet from the property line. 17.06.180 CONSTRUCTION CONTRACTOR OFFICE A. Offices in the DD and B-1 Districts. Construction Contractor Offices in the DD and B-1 zoning districts shall comply with the following requirements: 1. The building is primarily used for office and/or retail showroom space; warehousing or other storage is limited to less than 50%of the gross floor area. However, area inside the principal structure that is used for the parking of company vehicles with a"B" license plate shall not be considered warehousing/storage space for the purpose of this calculation. 2. No outdoor storage is permitted. 3. Trucks and other commercial vehicles with "C"through "Z" license plates, construction equipment, tractors, trailers, and boats may not be parked on the property unless within a fully enclosed structure that substantially conceals them from view. 4. No fabrication is allowed on the property. B. Offices in Other Districts. 1. No outdoor storage is permitted. 2. Fabrication is only permitted in manufacturing zoning districts. 17.06.190. MEDICAL CANNABIS ORGANIZATIONS Cultivation centers and registered medical cannabis dispensing organizations, together known as "Medical Cannabis Organizations" for purposes of this section, shall be regulated as follows: A. Location Restrictions. Medical Cannabis Organizations may only be considered as a special use within the M-4 district provided that: 1. A cultivation center shall not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part day child care facility, or an area zoned for residential use; 2. A dispensing organization shall not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day child care facility, and may not be located in a house, apartment, condominium, or an area zoned for residential use; 3. Medical Cannabis Organizations shall not be located within 1,000 feet of a property boundary of any cemetery, public park, forest preserve,public housing, or place of public worship; and 4. Medical Cannabis Organizations shall not be located within 500 feet of the boundary of any parcel in the DD district. B. Method of Measurement. Measurement of the location restrictions described in paragraph A of this section shall be made in a straight line, without regard to intervening structures or objects, from the nearest lot line of the lot where the medical cannabis organization is to be located, to the nearest lot line of the other specified use. C. Compliance with State Requirements. In addition to the regulations set forth in the Lemont, Illinois Municipal Code, all Medical Cannabis Organizations shall comply with all regulations provided in the Compassionate Use of Medical Cannabis Pilot Program Act, as enacted by the State of Illinois, effective January 1, 2014, as may be amended from time to time (hereinafter referred to as the"Act") and any administrative rules promulgated and duly adopted by the various State of Illinois departments authorized to enforce the Act. *** Table 17-06-02 Permitted Accessory Uses and Obstructions in Yards Decks and terraces in a residential district, DD, or INT district, provided they are: at least 15 ft from all lot lines in districts R-1, R-2, and R-3, and R 4; and in districts DD, INT, R-4A, R-5, and R-6 at least 10 ft from all lot lines or equal to the setback of a conforming principal structure, whichever is less. In R-4, decks and terraces shall be at least 15 ft from all lot lines or equal to the setback of a conforming principle structure, whichever is less. TABLE 17-07-01 Lot and Dimensional Standards for the R Districts *** Note 2: Setback shall be 25 ft, unless subject lot is part of a block face where at least 50%of the lots are improved with principal buildings having a front yard depth of less than 25 ft, the minimum setback shall be the average of principal buildings on adjacent lots. The burden of proof for determining the 50% requirement and providing information for the average shall be on the applicant. _--- -'_ ! ! - . - . *** 17.08.070 PUD PRELIMINARY PLAN/PLAT *** B. Pre-Hearing Actions. 1. The applicant shall submit an application for PUD preliminary plan/plat approval for the proposed development. ' -. .• - • - . • . .. • . •- . - • • •• t - . •• • - . The PUD preliminary plan/plat shall be processed concurrently with any required annexation, annexation agreements, Zoning Map amendments, or variation approvals. All PUD preliminary plan/plats shall require review and recommendation by the Planning and Zoning Commission except for those PUDs located entirely or partially within the DD District, which shall be reviewed directly by the Village Board. *** 17.12.030 FENCES IN R DISTRICTS A. Permitted Locations. In an R district, fences are permitted only in conformance with Figures 17-12-02 and 17-12-03 of this chapter and in any portion of a front yard as specified in paragraph B of this section. B. Decorative fences and walls. Decorative fences and walls are permitted in the front yard in an R district providing that: 1. Fence or wall height does not exceed three four feet; and 2. The fence is at least 20 feet from the edge of any public street; and 3. The fence is open in design and has opacity of at least 50%. C. Fence Height. Fences in R districts shall not exceed six feet except: 1. Decorative fences as provided for in paragraph B of this section shall not exceed *Fee four feet; 2. On through lots where a rear yard would be adjacent to a front yard,the fence in the rear yard shall not exceed three feet. 17.16.030 CERTIFICATE OF APPROPRIATENESS—MINOR ALTERATIONS A. When Required. A Certificate of Appropriateness shall be required prior to the issuance of building permits for fester—Mien-9r preservation work, new construction,— alteration, or demolition of structures,dies and any work impacting the exterior appearance of existing structures within a historic district or for any designated national, state, or Village landmarks, or for any structure on the National Register of Historic Places. B. Minor Alterations. Minor alterations to the exterior of a structure subject to the provisions of this article shall be reviewed by the Planning and Economic Development Director. If the minor alteration meets the design guidelines established in this article, the Planning and Economic Development Director shall issue a Certificate of Appropriateness. For the purposes of this article, a"minor alteration" is: 1. - • . • • • - - • •.• • . . . - onstruction, demolition, and alterations of accessory structures, except those otherwise defined as major alterations; or 2. Addition or removal of paint, re- shingling, and installation or removal of gutters and downspouts of principal or accessory structures. 3. Any interior remodeling that does not affect the exterior of the building or structure. . • • •. . - . . - . . • ._ . . . _ - -- . - . •. . . . : •. .. . . : . •• - •- . 1. A change in the height of a structure; or 2. A change in the footprint of a structure;or 3. An addition to a structure; or 5. A change in the fenestration of a structure; or 7. Installation or alteration to a fence on the lot; or 8. Construction of a new structure on a lot; or 9. Demolition of a structure DC. Approval Process. The approval process for a Certificate of Appropriateness for a minor alteration is: 1. Property owner concurrently submits application and fees for a building permit and Certificate of Appropriateness to the Building Department. 2. The applications are forwarded to the Community Planning& Economic Development Department for review of completeness and compliance with the provisions of this Article, Article II (Zoning)and Article IV(Site Development) of this ordinance. If one or both of the applications are either incomplete or not in compliance, the applicant is notified about and is required to correct the deficiencies. The Planning& Economic Development Director will then approve the application; approve the application with modification; or deny the application. • Building Department. a. Schedule a public hearing on the application; and•• • - - '- - •• •-• - •- 'me, date, and venue of the hearing; and a. Approve the application; or c. Deny the application; or d. Continue the hearing because of lack of information or upon agreement with pat, 5. The HPC shall notify the applicant of a decision within 15 days after the close of of its decision. 63. If the application is approved, the Community-Planning& Economic Development Department issues both the Certificate of Appropriateness. Approval of a Certificate of Appropriateness does not constitute approval of a building permit; applicants must seek approval of all applicable building permits prior to commencing with the changes approved by the Certificate of Appropriateness. 74. If the application is approved with modification, the Community Planning& Economic Development Department will determine if the modifications require submission of new plans or additional materials ..• . . '. -- and inform the applicant. If no new plans or materials are required, the Community Development Department will annotate the previously submitted plans to indicate the conditions of approval. -85. If the application is denied, the applicant may apply for a Certificate of Economic Hardship in accordance with the provisions of§17.16.040 or appeal the decision in accordance with §17.16.060030.D of this ordinance. D. Appeal Process. When a Certificate of Appropriateness is denied, approved with conditions, or approved by the Planning&Economic Development Department, the applicant or any interested party may, within 60 days of the decision, appeal such decision to the Village Board. The Village Board shall conduct a public hearing in accordance with the requirements of§17.16.035.D of this ordinance and shall use the standards and guidelines of Chapter 17.17 of this ordinance when evaluating the application. The Village Board may affirm, reverse or modify the Planning& Economic Development Department's decision by a majority vote of the Village Board. The decision of the Village Board shall be final, subject only to judicial review as provided by law. EP• eNot' D y eir t s contain: -a. The common street address of the subject property; and b. The scheduled time, date, and venue of the public hearing; and department or staff. • . - - • .. • . - -• ate of Appropriateness within 15 days of th F. Validity.Certificates of Appropriateness are valid for one year from the date of issuance. *** 17.16.035 CERTIFICATE OF APPROPRIATENESS—MAJOR ALTERATIONS A. When Required. A Certificate of Appropriateness shall be required prior to the issuance of building permits for new construction and demolition of-structures and any work impacting the exterior appearance of existing structures within a historic district or for any designated national, state, or Village landmarks, or for any structure on the National Register of Historic Places. B. Major Alterations. Major alterations are all other changes to the exterior of a structure that are not minor alterations as described in §17.16.030 of this chapter. For the purposes of this article, a"major alteration" is: 1. Construction, demolition and alterations of principal structures; or 2. Construction and alterations of detached garages, decks, awnings, and signs; or 3. Demolition of detached garages and removal of awnings. C. Approval Process. The approval process for a Certificate of Appropriateness is: 1. Property owner concurrently submits application and fees for a building permit and Certificate of Appropriateness to the Building Department. 2. The applications are forwarded to the Planning& Economic Development Department for review of completeness and compliance with the provisions of Article II (Zoning) and Article IV(Site Development) of this ordinance. If one or both of the applications are either incomplete or not in compliance,the applicant is notified about the deficiencies and must correct the deficiencies prior to review by the Historic Preservation Commission. Once the application is complete, the Planning and Economic Development Director shall forward the application to the Historic Preservation Commission for review. 3. Within 15 days of receiving the application for a major alteration, the Historic Preservation Commission shall: a. Schedule a public hearing on the application; and b. Notify the applicant of the time, date, and venue of the hearing; and 4. The Historic Preservation Commission shall conduct the public hearing, and shall use the standards and guidelines of Chapter 17.17 of this ordinance when evaluating the application. The HPC may decide to: a. Approve the application; or b. Approve the application with modification; or c. Deny the application; or d. Continue the hearing because of lack of information or upon agreement with the applicant. 5. The HPC shall notify the applicant of a decision within 15 days after the close of the hearing. The decision shall include findings of fact. Additionally, the Historic Preservation Commission shall notify the Planning&Economic Development Department of its decision. 6. If the application is approved, the Planning & Economic Development Department issues the Certificate of Appropriateness. Approval of a Certificate of Appropriateness does not constitute approval of a building permit; applicants must seek approval of all applicable building permits prior to commencing with the changes approved by the Certificate of Appropriateness. 7. If the application is approved with modification, the Planning& Economic Development Department will determine if the modifications require submission of new plans or additional materials and inform the applicant. If no new plans or materials are required, the Planning &Economic Development Department will annotate the previously submitted plans to indicate the conditions of approval. 8. If the application is denied, the applicant may apply for a Certificate of Economic Hardship in accordance with the provisions of§17.16.040 or appeal the decision in accordance with §17.16.035.E of this ordinance. D. Public Notice Requirements 1. Not less than seven days and not more than 15 days prior to the scheduled public hearing, the Historic Preservation Commission shall notify the applicant by certified mail of the scheduled public hearing. 2. The Historic Preservation Commission shall ensure inclusion of the scheduled public hearing on its meeting agenda, and ensure the agenda is posted in the Village Hall and on the Village's website in accordance with Illinois state statute. 3. The Historic Preservation Commission shall notify the applicant, by regular mail, of any denial of an application for Certificate of Appropriateness within 15 days of the decision. E. Appeal Process. When a Certificate of Appropriateness is denied, approved with conditions, or approved by the Historic Preservation Commission,the applicant or any interested party may, within 60 days of the decision, appeal such decision to the Village Board. The Village Board may affirm, reverse or modify the HPC's decision by a majority vote of the Village Board. The decision of the Village Board shall be final, subject only to judicial review as provided by law. F. Validity. Certificates of Appropriateness are valid for one year from the date of issuance. 17.16.040 CERTIFICATE OF ECONOMIC HARDSHIP A. Purpose. The Certificate of Economic Hardship is issued upon evidence that the structure or property cannot yield an adequate economic return unless the proposed work for which a Certificate of Appropriateness has been denied is allowed to proceed. B. Timing of Application. Applicants denied a Certificate of Appropriateness wishing to apply for a Certificate of Economic Hardship shall file a complete application within 60 days after the close of the public hearing for the Certificate of Appropriateness. C. Submission of Application.Applicants shall submit forms and any supporting documents to the Planning and Economic Development Director. The applicant may submit any or all of the following information in order to assist the HPC in making it determination on the application: 1. The amount paid for the property, the date of purchase and the party from whom purchased (including a description of the relationship, if any, between the owner and the person from whom the property was purchased.) 2. The assessed value of the land and improvements according to recent assessments. 3. Real estate tax bills. 4. Remaining balance on mortgage and annual debt service. 5. All appraisals obtained with the previous two years by the owner or applicant in connection with the purchase, financing or ownership of the property. 6. Any listing of the property for sale or rent, asking price, or offers received. 7. Any consideration by the owner as to profitable adaptive uses for the property. 8. Annual gross income from the property, itemized operating and maintenance expenses, and annual cash flow before and after debt service. 9. Form of ownership or operation of the property. 10. Any other information including income tax bracket of the owner, applicant or principal investors in the property, reasonably necessary for a determination as to whether the property can be reasonably used or yield a reasonable return to present or future owners. D. Forwarding to HPC. The Planning and Economic Development Director shall review the application for completeness and, upon verification of a complete application and the payment of any fees that the Village may from time to time establish for the application, forward the application to the HPC. Within 15 days of receiving the application, the Historic Preservation Commission shall: 1. Schedule a public hearing on the application; and 2. Notify the applicant of the time, date, and venue of the hearing; and 3. Publishes notice of the meeting 7-15 days before the hearing in compliance with paragraph C of this section. E. Public Hearing. The Historic Preservation Commission shall conduct the public hearing. Any decision of the HPC shall be forwarded to the applicant and Community Development Department within five days of the hearing. The HPC may decide to: 1. Approve the application; or 2. Deny the application; or 3. Delay a decision for three months in accordance with paragraph F of this section. F. Three-Month Delay 1. During the three-month period mentioned in paragraph E above, the HPC shall investigate plans to allow for a reasonable beneficial use or a reasonable economic return, or to otherwise preserve the subject property. Such plans may include, but not be limited to: a. A relaxation of the provisions of the ordinance; or b. Reducing real property taxes; c. Financial assistance from the Village; d. Amendments to the building code and/or amendments in the zoning regulations. 2. If such plans require approval by the Village Board, they shall be forwarded to the Village Board for consideration. If such plans do not require Village Board approval, the HPC may seek applicant compliance to the plans and approve the Certificate of Economic Hardship with or without conditions. If the applicant does not wish to comply with the recommended plans, the HPC may decide to deny the application for Certificate of Economic Hardship. G. Post-Decision Actions and Options 1. If the application is approved, the Community Development Department, upon verification of plan compliance with applicable building codes, issues both the Certificate of Economic Hardship. Approval of a Certificate of Economic Hardship does not constitute approval of a building permit; applicants must seek approval of all applicable building permits prior to commencing with the changes approved by the Certificate of Economic Appropriateness. 2. If the application is approved with modification, the Community Development Department will determine if the modifications require submission of new plans or additional materials for building code compliance and inform the applicant. If no new plans or materials are required,the Community Development Department will annotate the previously submitted plans to indicate the conditions of approval. H. Appeal Process. When a Certificate of Economic Hardship is denied, approved with conditions, or approved by the Historic Preservation Commission, the applicant or any interested party may, within 60 days of the decision, appeal such decision to the Village Board. The Village Board may affirm, reverse or modify the HPC's decision by a majority vote of the Village Board. The decision of the Village Board shall be final, subject only to judicial review as provided by law. 17.16.050 DEMOLITION APPROVAL A. When Required. An application for a Certificate of Appropriateness shall be required for the demolition of any structure within a Historic District or for any designated national, state, or Village landmarks or for any structure on the National Register of Historic Places. B. Application. The application for demolition of a structure shall be made to the Historic Preservation Commission through the Community Development Department. The application shall include the following information: 1.Address of structure; and 2. Legal description of property and PIN; and 3.Name and address of property owner; and 4. Year of construction; and 5. Reason for demolition; and 6. Site plan; and 7. Photographs of each side of the structure; and 8. Consent of the property owner C. Approval Process. See §17.16.0305.0 of this ordinance for approval procedures. D. Public Notice Requirements 1. Not less than seven days and not more than 15 days prior to the scheduled public hearing, the Historic Preservation Commission shall cause to be published in a local newspaper a notice announcing the public hearing. Such notice shall contain: a. The common street address of the subject property; and b. The scheduled time, date, and venue of the public hearing; and c. A description of the nature, scope, and purpose of the application or proposal; and d. The name and address of the applicant; and e. A statement that additional information concerning the hearing or application can be obtained from the Planning& Economic Development Department and the address and contact information for the department. 2. Not less than seven days and not more than 15 days prior to the scheduled public hearing, the Historic Preservation Commission shall notify the applicant by certified mail of the scheduled public hearing. 3. The Historic Preservation Commission shall ensure inclusion of the scheduled public hearing on its meeting agenda, and ensure the agenda is posted in the Village Hall and on the Village's website in accordance with Illinois state statute. 4. The Historic Preservation Commission shall notify the applicant, by regular mail, of any denial of an application for Certificate of Appropriateness within 15 days of the decision. E. Criteria to be Considered. When determining whether to approve a Certificate of Appropriateness for demolition, the HPC shall consider and may give decisive weight to any one or all of the standards of this paragraph. In addition to the criteria, demolition should not be permitted unless the building is beyond all economically feasible repair as determined by the HPC. The criteria are: 1. Whether the structure has significant value as part of the historic or cultural heritage of Lemont, Cook County, the State of Illinois, or the United States. 2. Whether the structure is identified with a person or persons who significantly contributed to the development of Lemont, Cook County, the State of Illinois, or the United States. 3. Whether the structure is representative of the distinguishing characteristics of architecture inherently valuable for the study of a period, type, method of construction, or use of indigenous materials, especially the use of stone known as "Lemont limestone"or"Athens marble." 4. Whether the structure is a notable work of a master builder, designer, architect or artist. 5. Whether the structure has a unique location or singular physical characteristic that makes it an established or familiar visual feature, including presence in the Lemont skyline. 6. Whether the building is a particularly fine or unique example of a utilitarian structure, including but not limited to utilitarian, residential or commercial structures with a high level of integrity or architectural significance. 7. Whether the building, although it may or may not be designated as a landmark, is considered to be a contributing historic structure and whether it contributes to the overall character of the historic district. 8. Whether the demolition of the structure would create a breach in the visual streetscape of the historic district, or be detrimental to public interest and contrary to the general welfare of the historic district. 9. Whether any new structure proposed to be constructed upon demolition of a non- contributing structure is compatible with the buildings and environment of the historic district and would qualify for a Certificate of Appropriateness. 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. 12. Whether the building or structure is within a grouping of similar buildings or structures that creates a distinctive pattern or historic rhythm of masses and spaces that would be significantly altered by the removal of one or more of its parts. 13. Whether the building has architectural characteristics associated with hand-built buildings, such as hand-hewn timbers, scroll saw cut architectural trim, finished stone trim, or any other stone features. EF. Possible Repair of Building. In addition to the criteria in paragraph DE of this section, demolition of building that contributes to the district's historic appearance should not be permitted unless the HPC determines that it is not economically feasible to repair the building. An evaluation may be required by the HPC, performed by an analyst experienced in historic restoration, at the expense of the applicant for demolition. • :.. . . -•-, - . .. _ , ' _ • . . .• *** 17.20.050 LANDSCAPE STANDARDS FOR STREETS A. Requirements. Table 17-20-01 specifies the minimum requirements for plant material that shall be required. TABLE 17-20-01 Landscaping Requirements Along Streets ZONING STREET TYPE Local Arterial and Collector R Districts One canopy tree per 40 ft of Three plant units per 100 ft of street frontage street frontage B Districts One plant unit per 100 ft of One and a half plant units per street frontage 100 ft of street frontage(0-65- 11) Districts street frontage see Section frontage see Section 17.20.061.B 17.20.061.B INT One plant unit per 100 ft of One plant unit per 100 ft of street District street frontage frontage 17.20.130 TREE PRESERVATION D. Replacement of Removed or Damaged Trees 1. If trees marked for preservation on the tree preservation plan are damaged or removed, the Village may impose a fine based on the caliper inch per damaged or removed tree. - • .. .. • • - . ,. 17.23.020 SITE DEVELOPMENT PERMIT G. Fees. Site development fees shall be paid in full prior to the issuance of a site development permit, -- • .. .• • - . -- SECTION 4: The Lemont, Illinois Municipal Code ("Village Code"), as amended, is further amended in Title 17, Unified Development Ordinance, so that Table 17-06-01, Permitted and Special Uses in the Zoning Districts, is deleted in its entirety and replaced with the Table shown on Exhibit A, attached hereto. SECTION 5: The Lemont, Illinois Municipal Code ("Village Code"), as amended, is further amended in Title 17, Unified Development Ordinance, so that Appendices A, B and C are deleted in their entirety. SECTION 6: 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 7: 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 8: 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 10th day of February, 2014. PRESIDENT AND VILLAGE BOARD MEMBERS: AYES: NAYS: ABSENT: ABSTAIN Debby Blatzer Paul Chialdikas v Clifford Miklos Ron Stapleton Rick Sniegowski Jeanette Virgilio BRIA . REAVES President ATTEST: �1 7)7,44Nxxir Linda-Ma CHARLENE M. SMOLLEN Pufy &/crk Village Clerk Exhibit A TABLE 17-06-01 Permitted and Special Uses in the Zoning Districts Use Category Zoning District B-1 B-3 B-4 DD INT M-1 M-2 M-3 M-4 R-1 R-2 R-3 R-4 R-4A R-5 R-6 RESIDENTIAL B I B B t -� _ k_', . -� . K G k R-u R 4A R Household Living Single-family dwelling - - - P - - - - - P P P P P P P Duplex,Two-family detached dwelling - - - P - - - - - - - - - - P P Town house P P P Multi-family dwelling P P Group Living Assisted living facility - - - - S - - - - S S S - - S S Group home - - - - S - - - - S S S - - S S Nursing home - - - - S - - - - P S S - - SS Transition shelter - - - - S - - - - S S S S - S S Group living not otherwise - - - - S - - - - S S S S S S S classified OMMERCIAL B Adult Uses Adult bookstores,video stores, S movie theaters Adult entertainment Animal Services Animal grooming sales and service P P P P - - - - - - - - - Animal hospital/veterinarian - P P P - - - - - - - - - - - Animal shelter/kennel - - P - - - - - - - Commercial Recreation Indoor Recreation P P - P - - - - - - - - - - - - Amusement Arcade P P - P - - - - - - - - - - Health and sports clubs S P S Outdoor recreation S S Construction Contractor Office/Yard Construction Contractor Office, P P - P - P - - - - - - - - - - consistent with the requirements of §17.06.180 of this ordinance. Construction Contractor Office with Yard - P - - - P P P - - - - - - - _ Drive-Through Establishments S Eating and Drinking Establishments (Note: Drive-throughs require special use) Brew-pub/microbrewery - Café,coffee shop,soda fountain - Nightclub P P Outdoor dining as allowed under S S S S - - §17.06.170 of this ordinance Restaurant P P - P Restaurant,formula(fast food) Specialty food shop/carry-out P P _ P _ TABLE 17-06-01 Permitted and Special Uses in the Zoning Districts Use Category Zoning District B-1 B-3 B-4 DD INT M-1 M-2 M-3 M-4 R-1 R-2 R-3 R-4 R-4A R-5 R-6 Tavern S P - P - - - _ _ _ _ _ _ - - Financial Services (Note: Drive-throughs,other than ATMs,require special use) Bank,credit union,savings&loan P P - P - - - - - - - - - _ - _ Brokerage or financial advising P P - P - - - _ _ _ _ - - - - Money exchange or payday loan - - - - - - - - - - - Food and Beverage Retail Sales Convenience store P P P Grocery store/supermarket - P - P - - - _ _ _ _ _ - - - Liquor stsore P P - P - _ - _ _ - - _ _ _ Funeral and Internment Services Crematorium S S Funeral home S S - - - - - _ _ _ _ - _ _ - Landscaping Garden center P P P P - P - - - _ _ _ - - - Landscaping/nursery - - - - - P P P - - - _ _ _ - - Lodging Bed and breakfast P P - P - - - - - P P P P P P P Campground Hotel/motel S P - P - - - _ _ _ - - _ _ _ Youth hostel S P - S - - - _ _ _ _ _ - - - Entertainment Complex SS S S S Medical Hospital S S S Medical clinic or office P P - P - - - _ _ _ _ - - _ - Office(except as more specifically Office with GFA less P P - P - P - - - _ _ _ _ than/equal to 7,500 sq ft Office with GFA over 7,500 sq ft - P - P - P - - - _ _ - - - _ Parking,Commercial Garage as principle use S S S - - - - _ - - - _ _ _ _ Non-accessory parking lot S S S - - - - _ _ _ _ _ _ _ Retail Sales and Service(except as more Banquet hall - S - - Fortune telling business - - - - - P P - - _ _ _ _ _ _ _ Flea market/farmer's market S S - P - - - _ Hardware store/Home improvement P P - P - - center Lumberyard S - - - P P P Pawnshop - - - Personal services P P - P - - - Retail business with GFA less than 15,000 P P - P - - - Retail business with GFA 15,000-24,999 - S - P - - - Retail business with GFA 25,000 or more - S - S - - - - - - - - - TABLE 17-06-01 Permitted and Special Uses in the Zoning Districts Use Category Zoning District B-1 B-3 B-4 DD INT M-1 M-2 M-3 M-4 R-1 R-2 R-3 R-4 R-4A R-5 R-6 Smoking lounge - - - - - - - - Tatoo parlor - - - - - - - Vehicle-Related Land Uses Auto body and auto repair S P - P - - - - - - _ _ _ _ - Automobile sales and service P Auto supply or auto accessory S P Boat/RV sales,service,or storage - P - - - P P - - - - - - - Car wash Heavy equipment sales or service - P - - - - P P - - - - - - - Service station S P - S - S - - - - - - - - - Vehicle storage and towing S S S Wholesale sales S S INDUSTRIAL Industry and Manufacturing Light industry Medium industry Heavy industry Asphalt manufacture or refining Chemical manufacturing or storage Container storage yard Freight transportation terminal Outside display/storage not permitted Self-storage facility PUBLIC,CIVIC, EDUCATIONAL,OTHER Agriculture Agriculture,consistent with §17.06.160 of this ordinance Farm stand Greenhouse,commercial Roadside market on lots of 5 acres or more Civic and civic-related Library,public Lodge,fraternal and civic assembly Government facilities Parks and playgrounds Postal service Child care facilities Child care facilities other than day care Day care home 111111111111111111111111111-16111111111/11/111111111 Foster home Educational facilities IIIIIIIIIIIiii©© School,K and high school ©©�1.©����������� TABLE 17-06-01 Permitted and Special Uses in the Zoning Districts Use Category Zoning District B-1 B-3 B-4 DD INT M-1 M-2 M-3 M-4 R-1 R-2 R-3 R-4 R-4A R-5 R-6 Trade school SS - PS - - - - S S S S S S S Religious use Religious assembly PP - Sp - - - - P S S S S S S Religious institution SS - SP - - - - P S S S S S S Other Telecommunications tower s S S S S S S S SS S S SS Cemetery SS S - - - - - - S S S S - SS Heliport S S Cultivation Center - - - - - - - S S - - - - - - - Medical Cannabis Dispensing S S Organization Planned unit development S S S S S S SS - S S S S S S S Parking lot as an accessory structure - - - - - - - - - S S S S S S S permitted to be located elsewhere than on the same zoning lot for which a primary structure or building is located and served by such parking lot Railroad rights-of-way,excluding P P P P - P P P - - - PP - P P classification yards,terminal facilities, and maintenance facilities Temporary uses consistent with other P P P P P P P P P P P P P P P P permitted uses in the zoning district Utilities,as part of subdivision plat PP P P P P P P - P P PP P P P Utilities,not as part of subdivision plat S S SS S S SS SS SS S SS and not regulated more specifically by Ordinance 0-94-07,Standards for the Construction of Facilities in the Public Right of Way.