O-38-12 Ord Amending UDO of 2008VILLAGE OF LEMONT
ORDINANCE NO. 0 ` 38-- 1 a
AN ORDINANCE AMENDING THE LEMONT
UNIFIED DEVELOPMENT ORDINANCE OF 2008
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONT
THIS 14T11 DAY OF MAY, 2012
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 14th
day of May, 2012.
ORDINANCE NO. 0 - a- /3.-,
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 March 21, 2012, 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. The Lemont Unified Development Ordinance of 2008 is hereby
amended as indicated by "Text Changes to the UDO, Chapter 17.02 through Chapter
17.18," attached hereto and incorporated herein as Exhibit A; and
Section 2. The Lemont Unified Development Ordinance of 2008 is hereby
amended by deleting Chapter 17.22 in its entirety and replacing it with a new Chapter
17.22, attached hereto and incorporated herein as Exhibit B.
Section 3. 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 4. 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 14th day of May, 2012.
AYES NAYS PASSED ABSENT
Debby Blatzer
Paul Chialdikas
Cliff Miklos
Rick Sniegowski
Ron Stapleton
Jeanette Virgilio
Attest:
v
v
Approved by me this 1
/ /
CHARLENE M. SMOLLEN, Village Clerk
ay, 2012
• REA S, Village President
Exhibit A to
AN ORDINANCE AMENDING THE LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008
Text Chanmes to the UDO, Chapter 17.02 through Chapter 17.18
Chapter 2. Add the following definitions to Chapter 2:
HARDWARE STORE /HOME IMPROVEMENT CENTER. A facility primarily engaged in the
retail sale of various basic hardware lines, such as tools, plumbing, electrical supplies,
paint, houseware, household appliances, garden and landscaping supplies, nursery
items, and lumber.
NIGHTCLUB A commercial establishment dispensing alcoholic beverages for
consumption on the premises and where the design and method of operation is
primarily aimed at providing dancing and musical entertainment, either live or recorded.
This use is separate from and does not include "ADULT USES ".
PAWN SHOP An establishment that, in whole or in part, loans money on deposit of
personal property or deals in the purchase or possession of personal property on
condition of selling the same back again to the pledger or depositor, or loans or
advances money on personal property by taking chattel mortgage security thereon, and
takes or receives such personal property.
SMOKING LOUNGE An establishment that caters to smokers of tobacco or and allows
the smoking of water pipes, hookahs, nargiles or other such devices.
USE, TEMPORARY The use of land or a structure, consistent with uses allowed by this
ordinance, established for a fixed period of time with the intent that such use will
terminate automatically upon expiration of the fixed time period. Examples of
temporary uses are Halloween costume stores or markets.
Section 17.06.030. Add the following new sub - paragraph to Paragraph 17.06.030.E:
4. In R- districts detached garages shall not be established on Tots where an attached
garage already exists. Only one detached garage shall be allowed per zoning lot, and
the area of a detached garage shall not exceed 660 square feet.
Table 17- 06 -01. Amend Table 17 -06 -01 as follows:
list "hardware store /home improvement center" as a permitted use in B -1, B -3, and DD
zoning districts;
• list "smoking lounge." as a prohibited use in all zoning districts;
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Exhibit A to
AN ORDINANCE AMENDING THE LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008
■ list "nightclub" as a permitted use in B -3 and DD zoning districts;
• list "pawn shop" as a prohibited use in all zoning districts;
■ change "freight transportation terminal" from a special use to a prohibited use in the M-
2 zoning district;
list "temporary uses consistent with other permitted uses in the zoning district" as a
permitted use in all B zoning districts and in the DD district.
Section 17.06.120. Amend Paragraph 17.06.120.0 as follows (words underlined are additions
and words stricken are deletions):
5. On -site display and /or storage of products at establishments with a primary use of:
a. Auto /light truck sales and service; and
b. Boat /RV sales and service; and
c. Heavy equipment sales and service; and
d. Motorcycle sales and service; and
e. Flea market or farmer's market; and
f. Garden center; and
g.Landscaping /nursery providing mulch, either piled or in bags, is screened; and
h. Lumberyard; and
i. Freight transportation terminal; and
k. Hardware store /home improvement center when limited to seasonal items and lumber.
Chapter 17.07. Add the following new paragraph to Chapter 17.07:
17.07.040 DRIVEWAYS IN R ZONING DISTRICTS
A. Applicability. The provisions of this section shall apply to all
residential land uses in all R zoning districts except for the R -4A zoning.
See § 17.07.020 of this ordinance for provisions governing driveways in the
R -4A zoning district.
B. Driveway width. Driveway width shall not exceed 22 feet at the
lot line. From the lot line driveway width may gradually be increased to
accommodate entry into garages.
C. Existing driveways. Driveways existing at the time of approval of
the adoption of this section that exceed the standards of paragraph B above
shall be allowed to be repaired or replaced, so long as the width of the
driveway is not increased.
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Exhibit A to
AN ORDINANCE AMENDING THE LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008
Section 17.11.100. Amend Paragraph 17.11.100.B as follows (words underlined are additions
and words stricken are deletions):
shall be no limit on the duration of display of political signs.
Section 17.11.100. Add the following new paragraph to Section 17.11.100:
G. Temporary Use Signs. Signs for temporary uses may be displayed for a period of 90 days in a
given calendar year. Signs for temporary uses shall either: (1) adhere to all standards for
materials and illumination in the zoning district where the sign is established; or (2) be
constructed of cloth, canvas, Tight fabric, wall board or other light material and not be
illuminated. Signs for temporary uses shall adhere to the standards for number, placement and
size for signs in the subject zoning district.
Section 17.18.040. Delete the last two sentences of Section 17.18.040 as follows (words
underlined are additions and words Gtricken are deletions):
Section 17.18.050. Amend Section 17.18.050 as follows (words underlined are additions and
words stricken are deletions):
As a condition of approval of final plat of subdivision or of a planned unit development, each
subdivider or developer will be required to dedicate land for park and recreational purposes, for
library purposes, and for school sites to serve the immediate and future needs of the residents
of the development, or to make cash contribution in lieu of actual land dedication, or a
combination of both, at the option of the Village in accordance with the following criteria and
formulas. Additionally, in the case of residential development or subdivision that involves
annexation of territory to the Village, the applicant will be required to donate land /cash for fire
protection purposes. Land contributions shall occur at the time of final plat approval. Cash
contributions shall occur at the time of application for building permits.
Section 17.18.140. Amend the last sentence of 17.18.140.A as follows (words underlined are
additions and words stricken are deletions):
Exhibit A to
AN ORDINANCE AMENDING THE LEMONT UNIFIED DEVELOPMENT ORDINANCE OF 2008
Therefore the Village has determined that cash contributions in lieu of
actual land dedication or in lieu of a combination of both shall be required of each annexing
developer.
Section 17.18.060. Amend Paragraph 17.18.060.0 as follows (words underlined are additions
and words stricken are deletions):
1.
the park site shall be so located as to be
readily, accessible to the people within 506h- ncighberheed the subdivision or planned unit
development. Play and athletic fields and large park sites must be conveniently accessible to
the community at large.
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CHAPTER 17.22
RESIDENTIAL DESIGN STANDARDS
Sections
17.22.010 Background
17.22.020 Design Variety in Residential Construction
17.22.030 Exceptions to Similarity Standards
17.22.040 Architectural Standards for Residences
17.22.010 BACKGROUND
A. Purpose. The variety in the exterior appearance of single - family
dwellings enhances the appearance of the community, and the
Village Board hereby deems it in the best interest of the community
to discourage excessive similarity and encourage distinctiveness of
exterior design in single - family. Specifically the purposes of this
chapter are to:
1. Promote an aesthetically pleasing character in Lemont's
residential districts; and
2. Protect and enhance property values; and
3. Encourage new dwelling construction of distinctive design;
and
4. Discourage excessive similarity among adjacent dwelling
units.
B. History. This chapter, amended, updates and replaces the Village's
Ordinance No. 791, "Appearance Code," adopted on May 24, 1993.
17.22.020 DESIGN VARIETY IN RESIDENTIAL CONSTRUCTION
A. Applicability. The provisions of this section shall apply to all new
single - family residential construction.
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Lemont Unified Development Ordinance
B. Proximity standard. Before a building permit is issued, the Zoning
Administrator shall determine that the proposed new single- family
dwelling is dissimilar in appearance, i.e. is not similar, to any single -
family dwelling on the same street which is within two lots of the
proposed new single- family dwelling, A single - family dwelling on
a corner lot may be considered dissimilar to another single - family
dwelling if the two subject dwellings face different streets. On a
cul -de -sac or turnaround, new a single- family dwelling must be
dissimilar to at least three other existing or planned single - family
dwellings on the same cul -de -sac or turnaround.
C. Comparison Procedure. The proposed new single - family dwell-
ing shall be compared to all other existing or other proposed single -
family dwellings that fall within the range of the proximity standard
of paragraph B above. The proposed dwelling shall be compared
with only one other dwelling at a time. If the criteria in paragraph
D below are met, then the proposed dwelling is compared to another
dwelling that meets the proximity standard, and so forth. The crite-
ria met in one comparison do not need to match the criteria met in
another comparison.
D. Criteria. When comparing the proposed new single- family dwell-
ing to another single- family dwelling subject to the proximity stan-
dards of paragraph B of this section, the two buildings shall be
deemed to be dissimilar, i.e., not similar in appearance, when crite-
ria in the four sub - paragraphs 1, 2, 3, and 4 below are met.
1. Exterior materials and details. The exterior materials on the
facade or the details on the facade of the subject buildings
shall differ by at least two of the following ways:
a. The percentage of at least one exterior material, e.g. brick,
on the proposed building differs by at least 25 percent
from the same material on the other subject building.
b. The color of brick on the proposed building differs
from the color or size /type of brick on the other subject
building.
c. The orientation of siding on the proposed building
differs from the orientation of siding on the other subject
building.
22 -2 Chapter 17.22 revised by Ordinance 0- 54 -09, July 27, 2009
Article IV / Development Standards Chapter 17.22 / Residential Design
d. A water table at least three feet in height is incorporated
on the proposed building and there is a lack of a water
table on the other subject building.
e. The incorporation of quoins is different from the
incorporation of quoins on the other subject building.
Here, "different" may mean that one building lacks
quoins while the other one does not, or it may mean that
the size, the length, the shape and the materials of the
quoins on the subject building substantially varies.
f. The presence or incorporation of belt courses, brick
soldier courses, or other brick detail on the proposed
building is extensive and differs from such architectural
features on the other subject building. "Extensive"
in this case shall mean that the detail is incorporated
throughout the facade rather than one specific window,
entrance, or portion of the facade. Such presence or
incorporation of said items used as lintels shall not factor
into this standard, but may factor into the standards for
fenestration found in paragraph D.3 below.
2. Entrance features and other facade features. The front or
main entrance to the subject buildings shall differ by at least
one of the following ways:
a. The entrance surround on the proposed building consists
of different elements, such side windows or transoms, as
found on the other subject building.
b. The incorporation or lack of bay windows, oriels,
porches, or columns on the proposed building differs
from the other subject building.
3. Fenestration. The design and disposition of windows and
other exterior openings on the subject buildings shall differ
in at least one of the following ways:
a. The number of windows on the facade of the proposed
new single - family dwelling differs from the number of
windows on the facade of the other subject building.
b. The presence or incorporation of masonry lintels or
Chapter 17.22 revised by Ordinance 0- 54 -09, July 27, 2009 22-3
Lemont Unified Development Ordinance
arches over windows on the facade of the proposed
single- family dwelling is different from the presence
or incorporation of masonry lintels on the facade of the
other subject building. Here "different" could mean that
one building uses one type of arch (e.g. a Roman arch),
while the other building uses another type of arch (e.g. a
bowspring arch). Alternatively, "different" could mean
that a solid stone lintel is used on one building and a
solid stone jack arch is used on the other building.
c. The type of window incorporated into the facade of
the proposed building differs from the type of window
incorporated into the facade of the other subject building.
For example, one building may have casement windows
and the other building may have double -hung windows.
4. Roof line. The roof or roof line shall differ by at least one of
the following ways:
a. The presence or the incorporation of dormers on the
facade of the proposed building is different from the
presence or incorporation of dormers on the facade of
the other subject building. Here "different" may mean
that the number and arrangement of dormers is varied,
or that the height, width, roof angle or material of the
dormers is different.
b. The roof type of the proposed building is different from
the roof type of the other subject building. For example,
one building may have a hip roof and the other building
may have a gabled roof.
c. The roof line of a front porch on the proposed building is
different from the roof line of a front porch on the other
subject building.
d. The number or arrangement of gables on the facade of
the proposed building is different from the number or
arrangement of gables on the facade of the other subject
building.
E. Dissimilarity Clarified. The following characteristics shall not by
themselves constitute dissimilarity among two otherwise similar
dwellings:
22 -4 Chapter 17.22 revised by Ordinance 0- 54 -09, July 27, 2009
Article IV / Development Standards
Chapter 17.22 / Residential Design
Examples of some architectural terms used in this chapter
Quoins Slighty projecting stone
used at the corner of a building
Elements such as side windows,
transom and arch comprise the
entrance surround
1. Variations in color, except as allowed in sub - paragraph B.1
of this section;
2. Variations in roofing material;
3. Reversal of plan orientation.
17.22.030 EXCEPTIONS TO SIMILARITY STANDARDS
A. Planned Unit Developments. The provisions of this chapter
may be waived for planned unit developments in which similarity
of architectural form and style among dwellings is integral to the
success of a unified plan, and in which the high quality of building
materials, building design, and site plan overcome the presumed
deficiencies of similarity.
B. Already- Issued Permits. The provisions of this chapter may be
waived by the Zoning Administrator 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. (Ord 0- 54 -09)
Chapter 17.22 revised by Ordinance 0- 54 -09, July 27, 2009 22-5
Lemont Unified Development Ordinance
17.22.040 ARCHITECTURAL STANDARDS FOR RESIDENCES
A. Applicability. The provisions of this chapter shall apply to all new
residential construction in all R- zoning districts.
B. Roofing materials. Corrugated metal roofing or metal roofing with
ribbing less than 12 inches apart shall be prohibited.
C. Chimney materials. The exteriors of chimneys shall be constructed
of brick or stone.
D. Permitted exterior materials. The following materials, or
combinations of the following materials, are expressly permitted on
all exterior elevations:
1. Brick
2. Decorative natural stone or synthetic stone
3. Wood
4. Fiber cement siding, cement board siding, e.g. Hardie plankTM
5. Stucco
6. Vinyl
7.. Cement or concrete
E. Prohibited exterior materials. The following materials are
expressly prohibited on the exterior elevations:
1. Dryvit, EIFS, or other similar products
2. Split -face block, CMU, quick brick, utility brick, or similar
masonry products.
F. Other exterior materials. Materials not listed on the above lists
shall be evaluated on a case -by -case basis by VILLAGE'S Zoning
Administrator. The Zoning Administrator shall determine if the material
closely resembles in texture, composition (physical properties), and
durability any of the approved materials listed in this paragraph. If so,
the Zoning Administrator shall approve the material for use on exteriors.
If not, the Zoning Administrator shall deny the use of the material on
exteriors.
22 -6 Chapter 17.22 revised by Ordinance 0- 54 -09, July 27, 2009
Article IV / Development Standards Chapter 17.22 / Residential Design
G. Garages. With the exception of side- loaded garages, no portion of a
single- family residence that contains a garage shall project more than ten
feet from the plane of the elevation of the residence that is closest to the
street. See Figure 17 -22 -01 for clarification on the plane of elevation.
A ....
B
-
- - - MINI MI NI - - -
-
.._.........._.....
Garage
C
Figure 17 -22 -01 Garage Protrution. The figure indicates how to measure the "plane
of elevation" of a residence with a protruding garage. The plane of elevation
shall determined by the main porton of the facade, and not be the presence of
bay windows, oriels, or other minor extensions of the facade toward the street. In
the example above, the dotted line A would be the "plane of elevation," not the
dotted line B. The distance as indicated by line C shall not exceed 10 feet. See
17.22.050.G.
Chapter 17.22 revised by Ordinance 0- 54 -09, July 27, 2009
22 -7