6-1-6-2: CICERO AVENUE CORRIDOR OVERLAY DISTRICT:

5. The phrase "including, but not limited to" shall define examples selected to illustrate the interpretation of this section and the final interpretation shall be reserved for the village board of trustees;

6. The word "person" shall include the words association, corporation, estate, partnership, venture or other legal entity.

(B) Applicability: These regulations shall apply to all new development within the district, whenever development applications are required to be submitted to the village.

Development existing or authorized prior to the approval of this section, February 6, 2003, shall not be required to comply with the regulations contained herein. However, compliance with this section is required for an existing development when the principal structure is expanded by twenty five percent (25%) or more of the existing square footage. Nonconforming uses are also subject to regulations set forth in section 6-1-10 of this chapter.

(C) District Boundaries: The Cicero Avenue overlay district is generally bounded by 65th Street to the north, Cicero Avenue to the east, 76th street to the south, and Laramie Avenue to the west and shall include the full depth of all parcels of land contiguous to Cicero Avenue and State Road within the village limits. Precise boundaries are provided on the district boundaries map on file in the village.

(D) Relationship To Underlying District And Regulations: The Cicero Avenue overlay district shall overlay all underlying districts so that any parcel of land that falls within the district boundaries becomes subject to the regulations of both the overlay district as well as those of the underlying zoning district. Where inconsistencies in the regulations between the overlay district and the underlying zoning district occur the more restrictive shall apply.

(E) Definitions: Whenever the following words or terms are used in this section, they shall have such meanings herein ascribed to them.

ADULT ENTERTAINMENT ESTABLISHMENT: An adult cabaret, adult massage parlor, adult store, or adult theater, shall be defined as follows:

Adult Booth: Any area of an adult entertainment establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

Adult Cabaret: Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:

1. Persons who appear nude or seminude.

2. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.

3. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

Adult Massage Parlor: Any establishment providing massages and/or other forms of physical contact of an erotic or adult nature.

Adult Material: Any of the following, whether new or used:

1. Books, magazines, periodicals, or other printed matter, or digitally stored materials; or

2. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind, that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

3. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.

Adult Store: Any commercial establishment: 1) that contains one or more adult booths; 2) that as a substantial or significant portion of its business offers for sale, rental, or viewing any adult materials; or 3) that has a segment or section devoted to the sale or display of adult materials.

Adult Theater: Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.

ADULT-USE CANNABIS DISPENSING ORGANIZATION: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

BAR/NIGHTCLUB: An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises.

DRUG TREATMENT FACILITIES: A facility designed for inpatient or residential drug treatment for addictions or substance abuse which would require a patient to reside in the facility for a designated period of time.

FULLY SHIELDED OUTDOOR LIGHT FIXTURE: A lighting fixture constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as determined by a photometric test report or certified by the manufacturer. Any structural part of the light fixture providing this shielding must be permanently affixed.

HOTEL: An establishment designed for temporary occupancy to individuals who are lodged with or without meals for compensation. A hotel:

1. Is available to the general public;

2. Is comprised of eighty (80) or more sleeping rooms, excluding employee quarters;

3. Provides a private bath for each guest unit which includes a toilet, sink, and shower/tub;

4. Provides primary access to all guest units through a fully heated/air conditioned internal hallway;

5. Provides hotel services such as maid, telephone, and postal service;

6. May allow the conduct of incidental business;

7. May provide meeting rooms, common dining facilities (including banquet rooms);

8. May provide all uses customarily and historically associated thereto for the comfort, accommodation and entertainment of patrons, including the service of alcoholic beverages.

LUMEN: A unit of measure of the quantity of light which falls on an area of one square foot, every point of which is one foot (1') from the source of one candela. A light source of one candela emits a total of 12.57 lumens.

MOTEL: Any building or series of buildings that is not a hotel in which temporary lodging is open to the general public for compensation. As such it is in contradiction to a boarding house, or multiple-family dwelling. A motel generally differs from a hotel in that it:

1. Is generally no more than two (2) stories above grade;

2. Provides primary access to some or all guest units through an independent exterior door;

3. Provides adjoining parking for each unit.

Other terms include: auto courts, tourist courts, tourist homes, and motor lodges.

NURSING HOME: A private institution providing residential accommodations with health care services. Nursing homes also include skilled nursing facilities, assisted living accommodations and/or retirement centers.

RESTAURANT: A structure in which the principal use is the preparation and sale of food and beverage. This definition does not include bars, taverns, or cocktail lounges.

USED CAR DEALERSHIPS: An establishment in which the principal business is the sale of a preowned automobile.

VISION CLEARANCE TRIANGLE: The area between two feet (2') and six feet (6') above grade, within a triangle formed by joining the two (2) points measured thirty three feet (33') from the intersection of the paved surfaces.

(F) Permitted And Prohibited Uses:

1. Permitted: The following uses shall be permitted within the Cicero Avenue corridor overlay district:

All uses permitted in the O office zoning district.

All uses permitted within the underlying zoning district, unless otherwise prohibited below.

Banks and financial institutions.

Convention centers.

Hotels.

Restaurants.

Retail stores/centers.

2. Prohibited: The following uses shall be prohibited within the Cicero Avenue corridor overlay district:

All adult establishments.

Bars/nightclubs not associated with a hotel.

Drug treatment facilities.

Motels.

Nursing homes.

Used car dealerships.

3. Conditional Use: Adult-Use Cannabis Dispensing Establishment facilities, as defined herein, requiring approval of a conditional use in the Cicero Avenue overlay Business District shall be processed in accordance with the Village Code.

(G) Height And Building Setbacks: Building height and setbacks for structures within the overlay district shall reflect the standards set forth in the underlying zoning district as well as sections 6-1-11 and 6-1-12 of this chapter.

(H) Building Design:

1. Bulk And Mass: All building and parking areas should be designed with treatments to break up the mass and bulk. Buildings shall include vertical architectural treatment to break down the scale of the building into visually smaller components. Any facade with a bland wall shall be screened through landscaping, berming, and/or fencing. Architectural details shall continue on all facades visible from the public right of way. Large expanses of blank walls facing the street are inappropriate.

The following design elements should be incorporated to break up the horizontal plane of a building or wall:

(a) Change in color, texture, or materials;

(b) Projections, recesses, and reveals, structural bays, entrances;

(d) Awnings.

2. Materials And Color:

(a) A minimum of fifty percent (50%) of all facades (discounting windows and doors), visible from the public right of way, should be covered with face brick, stone, textured masonry block, or some other masonry product of similar quality so as to add texture, color and visual interest to the otherwise bland appearance of large walls, roofs and facades.

(b) Ribbed metal/vinyl siding is prohibited as a primary exterior surface material. It may be used as trim material covering no more than ten percent (10%) of the facades.

(c) Smooth faced gray concrete block and tilt up concrete panels are prohibited on all facades visible from the public right of way.

(d) Facade colors should be earth tone colors with low reflectance. High intensity, metallic, or fluorescent colors are prohibited.

3. Mechanical Equipment: Roof mounted heating, ventilation and air conditioning equipment (excluding roof vents), duct work, air compressors, and other fixed operating machinery shall be fully screened from public view with architectural treatments that complement the overall design of the structure.

(I) Parking And Loading:

1. Scope Of Regulations: The off street parking and loading provisions of this section shall apply as follows:

(a) For all buildings and structures erected and all uses of land established after the effective date hereof, accessory parking and loading facilities shall be provided as required by the regulations of this section. However, where a building permit has been issued prior to the effective date hereof, and provided that construction is begun within one year of such effective date, and diligently carried out to completion, only the less restrictive parking and loading standards as required prior to the effective date shall be provided.

(b) When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other unit of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.

(c) Whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use.

2. Existing Parking And Loading Facilities: Accessory off street parking or loading facilities which are located on the same lot as the building or use served, and which were in existence on the effective date hereof or were provided voluntarily after such effective date, shall not hereafter be reduced below the requirement of this section for a similar new building or use.

3. Joint Parking Facilities: Off street parking facilities for properties with separate buildings or uses, or for buildings with mixed uses, may be provided collectively on the zoning lot, provided that the total number of spaces so located together shall not be less than the sum of the separate requirements for each use. Cumulative parking requirements for mixed use occupancies may be reduced where it can be determined that the peak requirement of the several occupancies occurs at different times (either daily or seasonally). The "Shared Parking" report published by the Urban Land Institute may be used as a guideline in the estimation of parking demand for mixed use buildings and sites.

4. Computation: When determination of the number of off street parking spaces required by this section results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one parking space.

5. Size: A required off street parking space shall be at least nine feet (9') in width and at least eighteen feet (18') in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. Each required off street parking space shall have a vertical clearance of at least seven feet (7').

6. Access:

(a) Each required off street parking space shall open directly upon an aisle or driveway of at least the width below, based upon the angle of the parking stalls provided and whether the aisle serves one or two (2) rows of parking spaces:

Parking Angle	Serving 1 Row	Serving 2 Rows
Parallel	12 feet	12 feet
30 degrees	12 feet	12 feet
45 degrees	13 feet	14 feet
60 degrees	18 feet	19 feet
90 degrees	20 feet	24 feet

(b) All off street parking facilities shall be designed with appropriate means of vehicular access to a street in a manner which will least interfere with traffic movements. No driveway across public property or curb cut shall exceed a width of thirty feet (30').

7. Surfacing: All surface off street parking areas and driveways shall be improved with a compacted macadam base, not less than six inches (6") thick, surfaced with asphalt, concrete, brick or some comparable all weather dustless material. Construction of such surfacing shall be completed within one year of the issuance of a building permit.

8. Location Of Accessory Off Street Parking Facilities: For uses in business and manufacturing districts all required parking spaces shall be within one thousand feet (1,000') of the principal use.

9. Schedule Of Parking And Loading Requirements:

(a) Applicability: Accessory off street parking spaces shall be provided for the following uses as required hereinafter. For uses not listed herein, the parking requirements shall be determined by the village board. The off street parking requirements established herein may be reduced by the village board upon appeal, provided that it can show why the established requirement is not applicable or appropriate. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time. For the uses listed in the following table, off street loading berths shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown below:

Use	Minimum Number Of Parking Spaces Required	Minimum Required Loading Spaces
Residential And Lodging Uses:
Child daycare center	1 parking space per employee, plus one-tenth (0.1) of 1 space per person of licensed capacity	No loading space required
Hotel	1 parking space per guestroom, plus 1 space per every 2 employees, plus any spaces required for restaurant, lounge, banquet areas, and meeting rooms	As required for restaurant or lounge
Commercial Uses:
Automobile service stations	1 parking space per 2 employees	No loading space is required
Bowling alley	4 parking spaces per each lane, plus additional parking as required for any affiliated restaurant, bar, or banquet facility	Same as general retail
Convenience store	1 parking space per 200 square feet of GFA. Convenience stores with gas pumps require 4 stacking spaces/side of pump islands
Laundromat	1 parking space per 4 machines	No loading space is required
Restaurants with drive-through or carry out facilities	1 parking space per 3 seats, plus 3 per cashier station. 8 stacking spaces per drive- through window	1 loading space per 40,000 square feet of GFA
Restaurants without drive-throughs	11 parking spaces per 1,000 square feet of GFA	1 loading space per 40,000 square feet of GFA
Retail establishments (unless specified elsewhere)	1 parking space per 200 square feet of GFA
Office Uses:
Financial institutions	4 parking spaces per 1,000 square feet, plus 5 stacking spaces for each drive-through teller position	None for the first 10,000 square feet, then 1 per 50,000 square feet up to 110,000 square feet plus 1 per 100,000 square feet thereafter
General offices	4 parking spaces per 1,000 square feet of GFA	None for the first 30,000 square feet, then 1 per 100,000 square feet, thereafter
Medical/dental offices	5 parking spaces per 1,000 square feet of GFA	Same as general offices

(J) Landscaping And Screening:

1. Parking Lot Street Yards: Where parking lots providing for five (5) or more parking spaces are in view of the public right of way, there should be installed, within a ten foot (10') wide street yard between the parking area and the street, a minimum of, three (3) 13/4-inch caliper canopy trees and one 13/4-inch caliper understory trees per one hundred (100) linear feet of frontage.

The substitution of one understory tree for each required shade tree that would conflict with overhead utilities will be permitted within street yards.

In conjunction with the planting standards described above, the following screening techniques are encouraged:

(a) Masonry walls compatible with proposed building design, and landscaped as a foundation wall;

(b) Screen fencing of wrought iron or approved material. Chainlink fencing is prohibited;

(c) An earthen berm between the right of way and the building, not to exceed a slope of two to one (2:1) (vertical:horizontal).

2. Landscape Parking Islands: To break up large expanses of parking and provide a minimum five percent (5%) landscape area, landscape islands should be required such that no parking space may be greater than ninety (90) linear feet away from a landscape island containing a canopy tree (roughly 1 per every 10 spaces). Landscape islands must be a minimum of seven feet (7') wide from back of curb to back of curb and minimum of one hundred sixty two (162) square feet in area.

3. Landscaping Between Buildings: There should be sufficient quantities of canopy, understory and evergreen trees, shrubs and ground covers to adequately screen unattractive views at the side and rear of adjacent buildings.

4. Foundation Planting:

(a) At minimum a four foot (4') wide landscape area should be provided adjacent to all building walls (excluding driveways, entrance areas, covered walkways, service and delivery areas).

(b) This landscape area should be planted with a balance of understory and evergreen trees, shrubs and ground covers.

(c) These plantings should emphasize softening of large expanses of building walls length and height, accent building entrances and architectural features and screen mechanical equipment adjacent to buildings.

(K) Outdoor Lighting:

1. All areas intended for pedestrian use should be well lighted by fixtures that focus on lighting walkways and sitting areas.

2. Decorative lighting fixtures that supplement general lighting are strongly encouraged in all developments.

3. To minimize hazardous glare, all fixtures visible from the public right of way (with the exception of general street lighting) with output greater than fourteen thousand (14,000) initial lumens shall be designed with no lenses or globes protruding below the shell of the fixture and shall generally be parallel with the ground.

(L) Signs:

1. The colors and materials of signs shall be similar to and compatible with the architectural style, colors and materials of the related building. Every sign shall be designed as an integral architectural element of the building and site to which it relates.

2. The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's message and shall be composed in proportion to the area of the sign face.

3. Signs should be oriented to vehicular traffic as well as pedestrians, and scaled appropriately.

4. No sign shall be located in the vision clearance triangle.

(M) Minimum Lot Size: No hotel shall be constructed on a lot less than five (5) acres in size without a special use permit in accordance with the terms and provisions of this title. Hotels may be constructed on lots less than five (5) acres if they are part of a larger, master planned project, provided the sum of all contiguous lots within the master planned project is greater than fifteen (15) acres.

(N) Density: Maximum density requirements for hotels are calculated on a sliding floor area ratio (FAR) system which is dependent on the size of the site. FARs for master planned projects are calculated based on the sum of all contiguous lots within the project.

The following FARs shall apply:

0.25 for sites less than 10 acres;

0.40 for sites between 10–15 acres; and

0.70 for sites greater than 15 acres.

(O) Height: No hotel shall be less than three (3) stories above grade. No hotel hereafter erected or structurally altered shall exceed federal aviation administration (FAA) regulations.

(P) Minimum Room Size: No guestroom, including the bathroom, shall be less than three hundred (300) square feet of heated/air conditioned space.

(Q) Amenities: All hotels shall be required to provide guests with the following facilities/improvements:

1. On site food service including either a restaurant, cafe, and/or in house or contracted room service;

2. Access to a swimming pool, and fitness center on site;

3. Elevator service to all floors containing guestrooms;

4. Twenty four (24) hour on site private security; and

5. Handicapped accessible facilities as required per the provisions of this code.

(R) Rate Structure: No hotel shall provide rates for any period less than one full night's stay. No hotel shall provide rates for any period greater than thirty (30) consecutive nights.

(S) Adult-Use Cannabis Dispensing:

1. Components: Adult-Use Cannabis Dispensing Components: In determining compliance with division (F) 2. (Conditional Uses) of this section, the following components of the Adult-Use Cannabis Dispensing Establishment shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

a. Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

b. Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

c. Hours of operation and anticipated number of customers/employees.

d. Anticipated parking demand and available private parking supply.

e. Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

f. Site design, including access points and internal site circulation.

g. Proposed signage plan.

2. Requirements: Adult-Use Cannabis Dispensing Organization: In those zoning districts in which an Adult-Use Cannabis Dispensing Organization may be located, the proposed facility must comply with the following:

a. Facility may not be located within one thousand five hundred feet (1,500 ft.) of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

b. Facility may not be located in a dwelling unit or within two hundred and fifty feet (250 ft.) of the property line of a pre-existing property zoned or used for residential purposes.

c. At least seventy-five percent (75%) of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises.

d. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

3. Security Improvements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments.

4. Operational Rules: That any Adult-Use Dispensing Establishment shall fully comply with the operational rules as set forth in Section 15-70 of the Act including but not limited to the following:

a. A dispensing organization must include the legal name of the dispensary on the packaging of any cannabis product it sells.

b. Dispensing organizations are prohibited from selling any product containing alcohol except tinctures, which are limited to containers that must be no larger than one hundred (100) milliliters.

c. A dispensing organization may only accept cannabis deliveries into a restricted access area. Deliveries may not be accepted through the public or limited access areas unless otherwise approved under the Act.

d. A dispensing organization shall maintain compliance with state and local building, fire and zoning requirements or regulations.

e. A dispensing organization's license allows for a dispensary to be operated only at a single location.

f. A dispensing organization may operate between 6:00 a.m. and 10:00 p.m. local time.

g. A dispensing organization shall not:

(1) Produce or manufacture cannabis;

(2) Obtain cannabis or cannabis-infused products from outside the State of Illinois;

h. Sell cannabis or cannabis-infused products to a purchaser unless the dispensary organization is licensed under the Illinois Medical Cannabis Program Act, and the individual is registered under the Medical Cannabis Program Act or the purchaser has been verified to be over the age of 21;

i. Operate drive-through windows;

j. Allow for the dispensing of cannabis or cannabis-infused products in vending machines;

k. Transport cannabis to residences or other locations where purchasers may be for delivery;

l. Operate a dispensing organization if its video surveillance equipment is inoperative;

m. Operate a dispensing organization if the point-of-sale equipment is inoperative;

n. Operate a dispensing organization if the state's cannabis electronic verification system is inoperative;

o. Operate a dispensing organization when there are fewer than two people working at any time;

p. Violate any other requirements or prohibitions set by the Act or administrative rules. (Ord. 03-1134, 2-6-2003; amd. Ord. 19-1615, 11-21-2019; Ord. 21-1659, 3-4-2021)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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