CHAPTER 16: ZONING CODE
      Article
         1.   TITLE
         2.   PURPOSE
         3.   INTENT
         4.   GENERAL PROVISIONS
         5.   GENERAL REGULATIONS
         6.   ZONING DISTRICTS
         7.   FLOODWAYS AND FLOOD FRINGE AREAS
         8.   RESIDENCE DISTRICT
         9.   BUSINESS DISTRICT
         10.   INDUSTRIAL DISTRICT
         11.   AGRICULTURAL DISTRICT
         12.   SUPPLEMENTAL DISTRICT REGULATIONS
         13.   OFF-STREET PARKING AND LOADING
         14.   NONCONFORMING LOTS, BUILDINGS, STRUCTURES AND USES
         15.   ADMINISTRATION
         16.   PLANNED UNIT DEVELOPMENT
         17.   MISCELLANEOUS PROVISIONS
         18.   DEFINITIONS
         19.   SEXUALLY ORIENTED BUSINESS ZONING REGULATIONS
ARTICLE 1:  TITLE
Section
   16-1-1   Title
§ 16-1-1  TITLE.
   This chapter shall be known and may be cited and referred to as the “Carol Stream Zoning Ordinance”, the “Carol Stream Zoning Code” or the “Zoning Code”.
ARTICLE 2:  PURPOSE
Section
   16-2-1   Purpose
§ 16-2-1  PURPOSE.
   This chapter is adopted for the following purposes:
   (A)   Promoting and protecting the public health, safety, comfort, morals, convenience and general welfare;
   (B)   Securing adequate natural light, pure air and safety from fire and other dangers;
   (C)   Limiting and controlling the pollution of the environment;
   (D)   Conserving the taxable value of land and buildings;
   (E)   Enhancing aesthetic values throughout the village;
   (F)   Implementing the Comprehensive Plan of the village; and
   (G)   Detailing the developmental policy of the village with respect to the use of land, intensity of use of land and location of land uses throughout the village.
ARTICLE 3:  INTENT
Section
   16-3-1   Intent
§ 16-3-1  INTENT.
   To these ends, this chapter is intended to meet certain standards and objectives by:
   (A)   Dividing the entire village into districts and restricting and regulating therein the location, construction, reconstruction, alteration and use of buildings, structures and land, whether for residential, business, manufacturing or other specified uses;
   (B)   Avoiding or lessening congestion in the public streets;
   (C)   Preventing the overcrowding of land through regulating and limiting the height and bulk of buildings hereafter erected as related to land area;
   (D)   Establishing, regulating and limiting the building or setback lines on or along streets, easements or property lines;
   (E)   Regulating and limiting the intensity of the use of lot areas, and regulating the area of open spaces within and surrounding such buildings;
   (F)   Establishing standards to which buildings or structures therein shall conform;
   (G)   Prohibiting uses, buildings or structures incompatible with the character of the residence, business or manufacturing districts;
   (H)   Preventing additions to or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations herein imposed;
   (I)   Limiting the deterioration of the environment by establishing standards whereby emissions, noise and other potential nuisances or hazards are regulated;
   (J)   Providing for the gradual elimination of those uses, buildings and structures which are incompatible with the character of the districts in which they are located, including, but not necessarily limited to:
      (1)   Elimination of such uses of unimproved lands or lots when the existing rights of the persons in possession thereof are terminated, the uses to which they are devoted are discontinued or a reasonable time of use after the passage of this chapter shall have elapsed;
      (2)   Elimination of uses to which such buildings and structures are devoted, if they are adaptable for permitted uses; and
      (3)   Elimination of such buildings and structures when they are destroyed or damaged in a major part as hereinafter provided, or when they have reached the age fixed as a normal useful life of such buildings or structures.
   (K)   Defining and limiting the powers and duties of the administrative officers and official bodies as hereinafter provided; and
   (L)   Prescribing penalties for the violation of the provisions of this chapter, or of any amendment thereto.
ARTICLE 4:  GENERAL PROVISIONS
Section
   16-4-1   Interpretation
   16-4-2   Private agreements
   16-4-3   Non-conforming uses
   16-4-4   Present non-conforming uses
   16-4-5   Rules and construction of language
   16-4-6   Incorporation by reference
   16-4-7   Disclosure by trustee of land trust
   16-4-8   Successor to rule or standard making agencies
   16-4-9   Conversion to special use
Cross-reference:
   Definitions, see Ch. 16, Art. 18
   Non-conforming lots, structures and uses, see Ch. 16, Art. 14
§ 16-4-1  INTERPRETATION.
   The provisions of this chapter shall be interpreted and applied so as to best promote the public health, safety, morals, convenience and general welfare. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulation shall be controlling.
§ 16-4-2  PRIVATE AGREEMENTS.
   This chapter is not intended to abrogate any easement, covenant or other private agreement; provided that, where the regulations of this chapter are more restrictive or impose higher standards or requirements than easements, covenants or other private agreements, the requirements of this chapter shall be controlling.
§ 16-4-3  NON-CONFORMING USES.
   From and after the effective date of this chapter, the use of all land and every building erected, altered with respect to height or area, added to or relocated, and every use within a building or use accessory thereto, in the village shall be in conformity with the provisions of this chapter. Any existing building or structure and any use of properties not in conformity with the regulations herein prescribed shall be regarded as non-conforming properties or uses.
§ 16-4-4  PRESENT NON-CONFORMING USES.
   No building, structure or use not lawfully existing at the time of the adoption of this chapter shall become or be made lawful unless such building, structure or use shall be allowable under the terms of this chapter; and to the extent that, and in any manner that such unlawful building, structure or use is in conflict with the requirements of this chapter, such building, structure or use remains unlawful.
§ 16-4-5  RULES AND CONSTRUCTION OF LANGUAGE.
   In the construction of this chapter, the rules of language contained herein shall be observed and applied, except when the context clearly indicates otherwise.
   (A)   The particular shall control the general.
   (B)   In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
   (C)   The word “shall” is always mandatory and not discretionary. The word “may” is permissive.
   (D)   Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.
   (E)   The phrase “used for” includes “arranged for”, “designed for”, “intended for”, “maintained for” and “occupied for”.
   (F)   Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction “and”, “or” or “either - or”, the conjunction shall be interpreted as follows.
      (1)   “And” indicates that all the connected items, conditions, provisions or events do or shall apply.
      (2)   “Or” indicates that the connected items, conditions, provisions or events shall apply either singly or in combination.
      (3)   “Either - or” indicates that the connected items, conditions, provisions or events shall apply either singly or in combination.
   (G)   All measured distances or standards shall be to the nearest integer; if a fraction is one-half or less, the integer next below shall be taken.
   (H)   All words and terms as set forth in Ch. 16, Art. 18, “Definitions”. wherever they occur in this chapter shall be interpreted as therein defined. Any word or terms not listed shall be construed in their general accepted meanings as defined in the most recent publication of Webster’s Dictionary.
§ 16-4-6  INCORPORATION BY REFERENCE.
   Any and all standards and other codes, regulations and public records incorporated by reference into this Zoning Code have been adopted in accordance with the requirement established in 65 ILCS 5/1-3-1 et seq., and 50 ILCS 220/1 et seq.
§ 16-4-7  DISCLOSURE BY TRUSTEE OF LAND TRUST.
   Whenever any trustee of a land trust or any beneficiary or beneficiaries of a land trust make application to the village or any of its agencies pursuant to the provisions of this chapter relating to the land which is the subject of such trust, any interest therein, improvements thereto, or use thereof, such application shall identify each beneficiary of such land trust by name and address and define his or her interest therein. All such applications shall be verified by the applicant in his or her capacity as trustee, or by the beneficiary as the beneficial owner of an interest in such land trust.
§ 16-4-8  SUCCESSOR TO RULE OR STANDARD MAKING AGENCIES.
   Whenever in this chapter a governmental or private agency is referred to as the promulgator of a rule or standard which is incorporated by reference herein, the rule or standard shall continue to be incorporated by reference within this chapter in the event that the same rule or standard is adopted by a successor agency in name or substance.
§ 16-4-9  CONVERSION TO SPECIAL USE.
   Any non-conforming use may be converted into a conforming use by the granting of a special use permit, as authorized in the administrative section (Ch. 16, Art. 15), if such use is permitted as a special use in the district in which it is located.
ARTICLE 5:  GENERAL REGULATIONS
Section
   16-5-1   Allowable use of land, buildings or structures
   16-5-2   Control over use
   16-5-3   Control over bulk
   16-5-4   Fire lanes
   16-5-5   Temporary buildings, structures and uses of land
   16-5-6   Gary and North Avenue Corridor regulations
   16-5-7   Above-ground service facilities
Cross-reference:
   Definitions, see Ch. 16, Art. 18
§ 16-5-1  ALLOWABLE USE OF LAND, BUILDINGS OR STRUCTURES.
   The following uses of land, buildings or structures are allowed in the districts indicated hereinafter under the conditions specified in this chapter:
   (A)   Uses lawfully established and existing on the effective date of this chapter, which conform to the provisions herein;
   (B)   Uses lawfully established and existing on the effective date of this chapter, rendered non-conforming by the provisions herein shall be subject to the regulations of Ch. 16, Art. 14, “Non-conforming Lots, Buildings, Structures and Uses”;
   (C)   Permitted uses as designated in this chapter and established after the effective date of this chapter;
   (D)   Special uses as designated in this chapter and established after the effective date of this chapter:
      (1)   A classification of special uses is hereby established to provide for the location of certain uses hereinafter which are deemed desirable for the public welfare within a given district or districts, but which might have a significant effect upon nearby properties or upon the character and future development of the district in which they are located; and
      (2)   Where a use exists on the effective date of this chapter and is classified as a special use, it shall be considered to be a lawful special use. Property granted such lawful special uses prior to the effective date of this chapter shall continue to have such uses and the use of the property shall be restricted to such special use and to such conditions under which the special use was granted. Additions or alterations to existing buildings or land improvements for expansion of lawful special uses or modifications in site plans or other documents submitted with special uses or incorporated into and made a condition of the development of the special use shall be permitted only in accordance with the procedures set forth in § 16-15-8, and where applicable.
   (E)   Only one principal structure, along with permitted accessory uses, shall be constructed upon a single subdivided lot or an unsubdivided parcel of land.
§ 16-5-2  CONTROL OVER USE.
   (A)   General. No building or premise shall hereafter be used or occupied, and no building or structure, or part thereof, shall hereafter be erected, raised, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located.
   (B)   Unlisted uses similar to listed uses. When a use is not specifically listed in the sections devoted to permitted uses or special uses, it shall be assumed that such use is hereby expressly prohibited. Whenever a proposed use is synonymous or nearly synonymous with a permitted or special use allowed within the zoning district, the Community Development Director may allow the proposed use without a requirement that the specific terms of this chapter be amended, subject to the following.
      (1)   A permanent use not listed as a permitted or special use in the zoning district shall be allowed therein if the use is not listed as a permitted or special use in any less restrictive district.
      (2)   The use is determined by the Community Development Director to be similar to any listed use in the subject zoning district with respect to:
         (a)   Types of goods or services produced or sold;
         (b)   Generation of automobile, truck or pedestrian traffic;
         (c)   Hours of operation; and
         (d)   General effect upon its environs.
      (3)   Uses determined to be similar to listed special uses shall be subject to the approval of a special use permit.
      (4)   All regulations herein applicable to the listed use shall also apply to the unlisted use to which it is judged similar.
      (5)   An applicant for a use disapproved under this section may appeal the decision of the Community Development Director under § 16-15-5 of this chapter or apply for a text amendment to the title under § 16-15-7 of this chapter.
   (C)   Applicability. Performance standards apply to all districts.
(Ord. 2008-10-57, passed 10-20-2008)
§ 16-5-3  CONTROL OVER BULK.
   (A)   Generally. Unless variations are granted pursuant to the simple variation provisions of this chapter, or pursuant to variations granted by special use as provided in § 16-15-8, all new buildings shall conform to the bulk regulations established herein for the district in which each building is located, and no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict with the bulk regulations in this chapter for the district in which such buildings shall be located.
   (B)   Revised yards for future buildings. All new buildings shall conform to the yard regulations established herein for the district in which each building shall be located, and no existing building shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict with the yard regulations in this chapter for the district in which such building shall be located.
   (C)   Maintenance of yards, courts, and other open spaces. The maintenance of yards, courts and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.
   (D)   Division of zoning lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with the provisions of all village ordinances.
   (E)   Location of required open spaces. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.
   (F)   Required yard for existing buildings. No yards on or hereafter provided for a building existing on the effective date of this chapter shall subsequently be reduced below, or further reduced below if already less than the minimum yard requirements of this chapter for equivalent new construction.
   (G)   Public and private streets. Each lot must be on a public street; except that, with the approval of the Village Board, a lot may be allowed on a private street within a planned unit development.
   (H)   Calculation of lot area. The area of all lots shall be determined after first excluding all public and private rights-of-way.
   (I)   Minimum lot widths for interior lots. Lot widths shall be measured at the building line and shall conform to the district requirements as found else-where in this chapter. The minimum length of a front lot line, however, for interior lots measured along the public right-of-way shall be 40 feet; provided, however, that, an interior lot shall comply with the provisions of this chapter if it is served by a permanent easement at least 40 feet in width, which easement may not be extinguished or modified without the passage of a resolution approving such extinguishment or modification by the corporate authorities of the village. In addition, the location of the 40-foot public right-of-way or easement both in relationship to its entry on the interior lot and with regard to its exit upon a public right-of-way shall be placed in conformity with good planning standards. In addition, all lot lines not considered a rear or side lot line as herein defined, and approximately parallel to the front lot line shall be considered a front lot line and building setbacks and yards shall be in accordance with the provisions set forth within the respective zoning district.
§ 16-5-4  FIRE LANES.
   In all zoning districts, there shall be provided such fire lanes as are herein required.
   (A)   A fire lane shall be so established as to provide access to all portions of a building within 150 feet of an access point if building size permits, and as approved by the Fire Code Official. Access shall mean a fire lane, hydrant and an opening to the building interior.
   (B)   Fire lanes shall be provided to a clear width of not less than 20 feet with an all weather surface constructed to meet the approval of the Village Engineer for a weight carrying capacity of not less than that required to support a 48,000-pound vehicle.
   (C)   Where fire lanes are required, there shall be provided accessible adequate fire hydrants every 300 feet along the required fire lanes on water mains as approved by the Village Engineer; except that, in no instance shall the water mains be required to exceed the size of the serving village main.
   (D)   Required fire lanes may be used for parking; provided, that there is no obstruction to the clear width required in division (B) of this section.
   (E)   Fire lanes shall be marked with standard signs for enforcement of no parking requirements.
(Ord. 2008-10-57, passed 10-20-2008)
§ 16-5-5  TEMPORARY BUILDINGS, STRUCTURES AND USES OF LAND.
   (A)   The Community Development Director, with the written concurrence of the Village Engineer and the Fire Code Official, or their duly authorized designees, may authorize the temporary use of a building, structure or parcel of land in any zoning district for a building, structure or use of land that does not conform with the regulations prescribed elsewhere in this chapter for the zoning district in which it is located; provided, however, that, such use will not have a potential adverse impact on surrounding properties or public health, safety and general welfare, and shall not exceed a period of six months.
   (B)   Requests for temporary uses for periods in excess of six months, or those determined by the Community Development Director as having a potential adverse impact on surrounding properties, shall require the Village Board’s approval. The Village Board shall only grant approval of such temporary uses for specified periods of time and subject to such conditions as the Village Board determines to be appropriate to protect against any potential adverse impact on surrounding properties and for safeguarding the public health, safety and general welfare. Such approval shall be considered pursuant to a public hearing in accordance with the requirements of this section, or may be considered in accordance with § 1-1-17 if so authorized by the Village Manager.
   (C)   The provisions of this chapter shall not be so construed as to deny the temporary use of any property as a voting place in connection with a municipal or other public election.
   (D)   Temporary buildings for construction purposes are allowed for a period not to exceed such construction and when located on the same lot where such construction is being undertaken or a contiguous lot thereto, and not located within 50 feet of an off-site residential use.
   (E)   Requests for temporary uses shall be made in writing and shall be accompanied by the following:
      (1)   A current plat of survey or accurate site plan showing the proposed location of the temporary building, structure or use;
      (2)   The name and contact information for the party responsible for the placement and general conditions of the temporary building, structure or use; and
      (3)   Written authorization from the property owner for the placement of the temporary building, structure or use, and contact information for the owner.
(Ord. 2008-10-57, passed 10-20-2008)
§ 16-5-6  GARY AND NORTH AVENUE CORRIDOR REGULATIONS.
   (A)   Relationship to the rest of the Zoning Code.
      (1)   All provisions of the Zoning Code, to the extent that they do not conflict with the standards delineated in this section, shall remain in full force and effect for all properties subject to the provisions of this section.
      (2)   The standards found in this section shall be used by property owners, developers, village staff members, the Plan Commission and the Village Board during the design and review of development and redevelopment proposals within the Gary Avenue and North Avenue Corridors. These standards and criteria complement and add to those contained within the Village’s Comprehensive Plan, Gary Avenue Corridor Plan, the Zoning Code and other land use regulations. In the event of conflict between regulatory ordinances, those contained in this section shall take precedence over all others.
   (B)   Identification of the Gary and North Avenue  Corridors.
      (1)   The Gary Avenue Corridor regulations apply to those properties designated in Figure 1, Gary Avenue Corridor Boundaries. The Corridor includes two general areas. The first area includes those properties abutting Gary Avenue, and within a depth not exceeding 400 feet from the nearest Gary Avenue right-of-way line. Such properties are all within the Gary Avenue Corridor Plan area which runs along both sides of Gary Avenue from the southerly village boundary to the northerly village boundary. The second area includes the area adjacent to the intersection of Gary Avenue and Lies Road specifically bounded by 1,400 feet west of the nearest Gary Avenue right-of-way line and 1,300 feet north of the nearest Lies Road right-of-way line at the northwest corner of Gary Avenue and Lies Road; 850 feet west of the nearest Gary Avenue right-of-way line and 1,200 feet south of the nearest Lies Road right-of-way line at the southwest corner of Gary Avenue and Lies Road; and approximately 1,200 feet east of the nearest Gary Avenue right-of-way line to the nearest railroad right-of-way line and 400 feet north and south of the nearest Lies Road right-of-way line at the northeast and southeast corners of Gary Avenue and Lies Road.
      (2)   For any lot that abuts Gary Avenue directly, other than a single-family residential lot, the lot line abutting the Gary Avenue right-of-way shall be considered the front lot line.
      (3)   The North Avenue Corridor regulations apply to those properties designated in Figure 2, North Avenue Corridor Boundaries. The Corridor includes those properties within the corporate limits abutting North Avenue, and within a depth not exceeding 400 feet from the nearest North Avenue right-of-way line. Such properties are all within the North Avenue Corridor Plan area which runs along both sides of North Avenue from the easterly village boundary to the westerly village boundary.
      (4)   For any lot that abuts Gary Avenue directly, other than a single-family residential lot, the lot line abutting the Gary Avenue right-of-way shall be considered the front lot line.
   Figure 1: Gary Avenue Corridor Boundaries
 
   Figure 2: North Avenue Corridor Boundaries
 
   (C)   Purpose.
      (1)   The Gary Avenue and North Avenue Corridors and the development within them are major factors influencing the visual and environmental quality of the village. At full development, the Corridor will contain the village’s Town Center, other retail nodes, significant industrial and employment concentrations, public institutions, recreational facilities and residential development. Due to the intensity of these land uses, Gary Avenue and North Avenue represent the heart of the village, as well as a prominent image to those passing through the community.
      (2)   Recognizing the importance of the Gary Avenue Corridor, the village adopted a beautification plan for the Gary Avenue Corridor. To coordinate private development with the public improvements envisioned by the beautification plan, and given the prominence and importance of the North Avenue Corridor, the village has established regulations applicable to the Gary Avenue and North Avenue Corridors within the Zoning Code. These regulations promote orderly development of land within the Corridors in a manner consistent with established goals and policies of the village. As a result of these requirements, development in the Corridors will be designed with greater design sensitivity and generally higher quality than might have occurred in the absence of specific guidelines.
      (3)   The purpose of the Gary Avenue and North Avenue Corridors is to:
         (a)   Create a unified, harmonious and high-quality visual environment throughout the Gary Avenue and North Avenue Corridors, thereby identifying them as special areas with a unique identity within the village and the region;
         (b)   Promote high-quality design through improved development standards within the Corridors. These standards, which govern site planning, building design, and landscaping will enable the village to enhance what otherwise might result in aesthetically and economically lower quality strip development;
         (c)   Foster a distinctive and positive image for the village and for the Gary Avenue and North Avenue Corridors which function as principal gateway into the village; and
         (d)   Protect and enhance wetlands and other significant natural resources through use of careful site design, protective easements, sensitive alignment and design of roadways and utilities, incorporation of natural features, landscaping and massing of trees.
   (D)   Intent. The village intends that all development and redevelopment within the Gary Avenue and North Avenue Corridors should strive toward the highest level of quality in both design and construction. Nothing in these provisions is intended to stifle creativity or artistic expression nor is anything in these provisions intended to impede the economic use of land. Rather, the provisions are intended to challenge design professionals to create extraordinary sites and buildings within a context that is unique to the village. The criteria, by which all new development and redevelopment in the Corridors shall be reviewed, are as follows:
      (1)   Consistency with all provisions of the Comprehensive Plan and the Gary Avenue Corridor Plan, as amended from time to time; all provisions of the Zoning, Subdivision and Sign Codes not specifically overridden by the provisions of this section; and all other applicable regulations of this Code of Ordinances;
      (2)   Conservation of the natural conditions found on each site where desirable, through minimized removal of trees and other vegetation and soil, and through enhancement of natural wetlands;
      (3)   Establishment throughout the Corridors of harmonious physical and visual relationships among existing, new and proposed buildings, open spaces, natural terrain and plant materials and placements, with the intent of creating a unique and unified appearance for the entire Corridor;
      (4)   Creation of unified site designs with a sense of internal and interrelated order, that provide desirable environments for site users and visitors and the community as a whole and that consider all site elements, including: the relationship of buildings to surrounding land forms; grading; architectural design; building, parking and loading-dock orientation; building height; use of human-made materials, including paving; site furnishings (lighting, outdoor seating, signage and the like); landscaping (retention of natural vegetation, plant selection and placement, retention and incorporation of water features, and the like); and other visible outdoor site elements;
      (5)   Creation of a suitable balance between the amount and arrangement of open space, landscaping and view protection on the one hand and the design and function of human-made features on the other. Achieving this balance should take into account screening, buffering, size and orientation of open spaces, personal and property security, and localized wind and solar effects;
      (6)   Provision of safe and adequate access to and from the site, giving ample consideration to the location and number of access points from public streets, the safety and convenience of merging and turning movements, and traffic management and mitigation; and
      (7)   The provision of interior drives, parking areas, pathways and walkways adequate to handle anticipated needs and to safely buffer pedestrians and cyclists from motor vehicles where necessary for the safety and convenience of on-site vehicular, bicycle and pedestrian circulation.
   (E)   Application of standards.
      (1)   The provisions within this section shall be applicable to properties identified as within the Gary Avenue and North Avenue Corridors and within the corporate limits of the village at the time these regulations are adopted. Properties which lie within the jurisdiction of DuPage County shall not be subject to these regulations until such time as they are annexed by the village.
      (2)   The provisions within this section shall not be applicable to interior alterations, re-roofing, re-surfacing of existing parking spaces, maintenance or painting.
      (3)   The provisions within this section shall be applicable to all new developments within the Corridors.
      (4)   Application of these standards to existing development shall be initiated upon exterior additions to structures or upon significant changes to buildings or property as follows. Whether a change is significant shall be determined by the Community Development Director on the basis of the purpose and intent of the Gary and North Avenue Corridor regulations.
         (a)   Use. Any changes in the use of an existing building or property shall conform to the standards set forth in division (F) below, Uses Permitted Within the Gary Avenue and North Avenue Corridors.
         (b)   Lot standards. Any subdivision or significant change in the size or dimensions of a property shall conform with the standards set forth in division (G) below, Lot Standards.
         (c)   Access. Any significant change to the access between the site and Gary Avenue or North Avenue shall conform with the standards set forth in division (H) below, Access.
         (d)   Site design, grading and drainage. Any significant change in the grading or drainage on the site shall conform with the standards set forth in division (I) below, Site Design, Grading and Drainage, and division (M) below, Landscape Design and Site Furnishings.
         (e)   Setbacks. Any building addition or other significant change in the building setback shall conform with the standards set forth in division (J) below, Required Setbacks and the open space and adjacent setback area shall conform with division (M) below, Landscape Design and Site Furnishings.
         (f)   Architectural design. Any significant change in the building facade design such as changes in the location or types of windows, doors or other features, shall conform with the standards set forth in division (K) below, Architectural Design, and division (J) below, Required Setbacks. Painting or repair of the existing facade, a minor addition of windows or doors, or a minor modification of windows or doors shall not constitute a significant change, provided the Community Development Director determines that such alterations do not violate the purpose and intent of the Gary and North Avenue Corridor Regulations.
         (g)   Parking. Any significant addition to or reconstruction of parking spaces shall conform with the standards set forth in division (L) below, Parking, and division (M) below, Landscape Design and Site Furnishings. With the addition of new parking areas equal to or greater than the number of spaces existing prior to adoption of this section, existing parking areas shall be required to be screened with landscape material in accordance with division (L)(3)(c) below.
         (h)   Landscaping. Removal of existing landscape materials shall not be permitted unless the remaining landscaping conforms with division (M) below, Landscape Design and Site Furnishings. The addition of new landscape material or the relocation or replacement of existing landscape material shall be permitted without conforming to the requirements of this section when no other site improvements are involved. Fence construction or removal shall be addressed separately from the remainder of the landscape requirements. Changes in fencing shall be required to conform with division (M)(21) below only and not with the remainder of division (M) below. Changes in landscaping, and not fencing, shall not require additional conformance with division (M)(21) below.
         (i)   Signage. Signage shall conform with the standards set forth in division (K) below, Architectural Design, and division (M) below, Landscape Design and Site Furnishings. Signage for new development shall be included in the Gary Avenue or North Avenue Corridor Development Plans, and shall be subject to review and approval by the Plan Commission as per the procedures defined in division (N) below. New or replacement ground signs and pole signs placed on existing, developed properties shall be subject to review and approval by the Plan Commission as per the procedures defined in division (N) below. New or replacement wall signs placed on existing, developed properties must meet the purpose and intent of the corridor regulations, as determined by the Community Development Director, and review by the Plan Commission shall not be required; however, the applicant may appeal the decision of the Community Development Director in accordance with § 6-11-22. The provisions within this section shall not be applicable to the changing of the face of existing signage.
         (j)   Variances. In the event of unusual circumstances, or a particular hardship, the developer or property owner may request that the Plan Commission adjust the applicability of this section to existing development. For the purpose of this section, all properties that were improved with structures prior to adoption of the Gary Avenue and North Avenue Corridor regulations shall be considered unique and the Plan Commission shall use flexibility in consideration of variances to the requirements of this section. When reviewing a request, the Plan Commission shall consider the following factors:
            1.   The cost of the proposed property improvement as compared to the cost of the applicant adhering to the strict letter of this section;
            2.   The existing site design and the location of existing structures; and
            3.   The magnitude and impact of the proposed improvement on the Gary Avenue and North Avenue Corridors.
   (F)   Uses permitted within the Gary Avenue and North Avenue Corridors. Uses within the Gary Avenue and North Avenue Corridors shall be permitted pursuant to the Zoning Code, as amended, of the village.
   (G)   Lot standards.
      (1)   The minimum dimensions of lots shall be as required by the Zoning Code.
      (2)   Whenever a person owns or controls property and seeks to subdivide that property and create one or more new parcels of land that are less than five acres in size, the owner shall be required to present and receive approval of a master plan which shows the manner in which the parcel from which the new parcels are being created is proposed to be developed. A master site plan shall show all proposed parcel sizes, building locations, parking areas and locations, and access. Particular attention shall be given to access patterns.
      (3)   Existing parcels of record that are less than five acres in size at the time of adoption of this section shall not be required to be part of a master site plan for surrounding properties. However, the developer shall be encouraged to consider the site’s relationship to adjacent properties when planning new development or re-development.
      (4)   All changes to the size or dimension of lots shall adhere to the village Subdivision Code.
   (H)   Access. Vehicular access onto Gary Avenue shall be provided in accordance with the ordinances and practices of DuPage County and the village. Vehicular access onto North Avenue shall be provided in accordance with the ordinances and practices of the State Department of Transportation and the village.
   (I)   Site design, grading and drainage.
      (1)   Service areas and drives shall not hinder consumer access, parking, driveways, walkways or entries. Service areas shall be out of sight from the public roadways, paved, curbed and internally drained.
      (2)   Internal site drainage is the responsibility of the site developer and shall be provided for all development pursuant to and village codes.
      (3)   Pedestrian facilities should be considered within the site and between adjacent sites where such facilities will improve circulation, increase safety or promote decreased use of the automobile.
      (4)   Grading of retention ponds and other drainage courses or facilities shall be designed to enhance the function of the facility and the aesthetics of the site. Specific criteria for grading are provided as follows to achieve these goals.
         (a)   Drainage channels shall be placed in less visible locations, and shall receive a naturalized treatment including landscaping of native vegetation so that the structure appears as an integral part of the environment.
         (b)   Drainage features shall be incorporated as an integral part of the project design in order to enhance the overall quality and aesthetics of a site, to provide attractive open space, and to preserve the natural character of the area.
         (c)   Where grading is substantial, as in the case of retention ponds, variable undulating slopes shall be used to create a more pleasing and natural appearance.
         (d)   Hard edges and slopes left by grading operations shall be given a rounded appearance that closely resembles the natural contours of the land, including varied rather than constant angles.
         (e)   Slopes adjacent to Gary Avenue, North Avenue or other roadways shall be modulated by sufficient berming, regrading and landscaping to create visually interesting and pleasing streetscapes.
         (f)   Non-contaminated soil remaining from cut operations shall be retained on-site whenever possible and be used to modulate the terrain and to create interesting land forms and improve site aesthetics.
      (5)   Site designs and configurations that tend to catch and accumulate trash, leaves and dirt shall be avoided. In addition, provisions for cleaning the site shall be considered in the design.
   (J)   Required setbacks.
      (1)   Building locations shall reflect consideration for roadway visibility, existing site features and parking lot circulation.
      (2)   The minimum building setback from the Gary Avenue right-of-way shall be 60 feet for properties in all zoning districts, except for the residential districts which shall be as required by the Zoning Code. The maximum building setback from the street right-of-way for all buildings shall be 100 feet; except that, no maximum setback shall apply to single-family residences.
      (3)   The minimum building setback from the North Avenue right-of-way shall be 100 feet for properties in all zoning districts.
      (4)   For both the Gary Avenue Corridor and the North Avenue Corridor, no road or parking lot pavement of any type shall be within the first 30 feet of property from the right-of-way except for approved entry drives and properties which were improved with buildings or parking lots at the time of the adoption of this section, which shall be permitted to encroach no more than ten feet into this required setback.
   (K)   Architectural design. This section provides architectural regulations and guidelines to the Plan Commission, village staff and owners and occupants of land along Gary Avenue and North Avenue in order to promote the objectives of the Gary Avenue and North Avenue Corridors regulations.
      (1)   Multi-tenant, mixed-used developments shall be constructed with compatible materials and design characteristics including building material, roof lines, color and landscaping.
      (2)   Each building in B-1, B-2 or B-3 Zoning Districts shall have a pedestrian arcade or canopy fronting the store for shade, identity and pedestrian scale. Arcades should visually and/or physically link retail and office functions within a shopping center to protect pedestrian patrons of the center.
      (3)   Attempts should be made to design improvements to be compatible with the existing built and natural environments. New materials should be the same or complement existing materials.
      (4)   Monotony shall be avoided within projects and between a project and its surroundings. Site characteristics to be evaluated for this purpose include building and plant materials, colors, textures, shapes, massing, rhythms of building components and details, signage, height, roof-line and setback. Facades of buildings shall incorporate such design features as changes in materials, color, fenestration or other significant visual relief provided in a manner or at intervals in keeping with the size, mass and scale of the building and its views from public ways.
      (5)   The following materials shall not be used in any front facade or side facade:
         (a)   Unfinished pre-cast concrete or unfinished poured-in-place concrete;
         (b)   Fabricated metal, not to include high-quality decorative architectural material, covering more than 25% of the wall area visible from any public way; and
         (c)   Box signs.
      (6)   The following materials shall not be used on any part of a building:
         (a)   Materials with no proven record of durability or ease of maintenance in the intended  application; and
         (b)   Materials or construction methods used for one aspect or portion of a project that are significantly lower in quality than those used for the balance of that project, such that this one aspect or portion is or rapidly becomes an eyesore or detriment to the project as a whole.
      (7)   Building designs and configurations that tend to catch and accumulate trash, leaves and dirt shall be avoided. In addition, provisions for washing and cleaning buildings, other structures and building grounds shall be considered and included in the design.
      (8)   All building components, such as windows, doors, wall signs, eaves, soffits and parapets, shall be proportionate to the facade of the building and shall relate well to one another.
      (9)   Mechanical equipment, satellite dishes and other utility hardware, whether located on the roof or exterior of the building or on the ground adjacent to it, shall be screened from view from public ways with materials identical to or strongly similar to building materials or by heavy landscaping that will be effective in winter, or they shall be located so as not to be visible from any public ways. Use of parapet walls or pitched roof elements to screen equipment is encouraged. In no case shall wooden fencing be used as a rooftop equipment screen.
      (10)   Screening of approved service yards, refuse and waste-removal areas, loading docks, truck-parking areas and other places which tend to be unsightly shall be accomplished by use of walls, fencing, dense planting or any combination of these elements. Screening shall block views from public ways and shall be equally effective in winter and summer.
   (L)   Parking.
      (1)   The minimum required setback for on-site roadways, parking and pavement shall be as set forth in divisions (J)(3) and (J)(4) above, Required Setbacks.
      (2)   All parking lots will be paved and curbed. Parking lot drainage will be subject to review by the Village Engineer. Parking areas in front of the building shall gradually slope upward toward the building at a slope not exceeding 5%, nor less than 0.5%. Ideally, the building will be slightly elevated on a foundation constructed on the excavated soil to reduce the visual barrier caused by automobiles adjacent to the roadway and result in better visibility for the owner/tenant.
      (3)   Landscaping shall be provided within parking lots pursuant to the following standards and the standards located in division (M) below, Landscape Design and Site Furnishings.
         (a)   A minimum of 10% of all parking lot area shall be landscaped to improve their appearance, provide shade and break up the expanse of pavement. This percentage of landscaping is in addition to the open space requirement of division (M) below, Landscape Design and Site Furnishings.
         (b)   Landscaping shall be planted in islands of at least 120 square feet with curbs and in the amount required by division (M) below, Landscape Design and Site Furnishings. Such landscaped islands shall be provided at both ends of each parking row and for each 20 parking bays.
         (c)   Except where facing a building, the front and side parking lot perimeters shall provide a landscaped screen pursuant to the point requirements for landscaped screens in division (M) below, Landscape Design and Site Furnishings.
         (d)   All landscaping shall be properly located so as to not obstruct the visibility of motorists or pedestrians. Where access drives intersect or meet public rights-of-way, landscaping shall not be installed in necessary sight triangles.
         (e)   When a parking lot is located within the required front or street side building setback, the parking area shall include a landscaped screen around the perimeter of the parking lot. The area of the parking lot which is within the required building setback shall be excluded from the landscaped setback requirement but shall be landscaped with the landscaped screen and according to the requirements for interior parking lot landscaping.
      (4)   Light fixture luminaires within parking lots shall be provided in accordance with this code.
   (M)   Landscape design and site furnishings.
      (1)   For the purposes of this section, the following definitions apply.
         LANDSCAPE ELEMENT. Includes all forms of planting and vegetation, ground forms, rock groupings, water features and patterns, and all visible construction, except buildings and utilitarian structures.
         LANDSCAPED BERMS. Earthen, landscaped and usually human-made forms similar to a ridge which is typically three to four feet in height and provides a visual barrier, usually within a landscaped setback, buffer or screen.
         LANDSCAPED BUFFERS. Designated strips of land 15 feet in depth which are within setbacks but require a higher intensity of landscaping to help mitigate the impact of development upon development within lower intensity zoning classifications on adjacent land.
         LANDSCAPED SCREENS. Designated densely landscaped strips five feet in depth which are intended to screen objectionable uses from the view of development within lower intensity zoning classifications on adjacent land.
         LANDSCAPED SETBACKS. All land on a site which is within the required front or street side building setbacks.
         OPEN SPACE. Land within a particular site that is neither covered by building structures nor used for automobile parking or circulation.
         SITE FURNISHINGS. Include any structure, other than buildings, visible from any public way and any street hardware (objects not commonly referred to as structures) located in streets and public ways and outside of buildings. Site furnishings may include but are not limited to signs, decorative paving treatments, fences, walls, railings, artwork, transformers, utility access boxes, lighting standards and arrays, and other visible site appurtenances.
      (2)   Landscaping standards within this section are not applicable to single-family residential development, except division (M)(22) below, which regulates fence material and height.
      (3)   Installation and maintenance of landscaping.
         (a)   All landscaping materials shall be installed in accordance with the current planting procedures established by the American Association of Nurserymen.
         (b)   Minimum dimensions for plant materials at installation shall be as follows:
 
Evergreens
6-foot height
Ornamental trees
2-inch caliper
Shade trees
2-1/2-inch caliper
Shrubs
2-1/2-foot height with a 36-inch ball
 
         (c)   All landscaping materials shall be maintained according to the requirements of this section, in good condition so as to present a healthy, neat and orderly appearance and shall be kept free of refuse and debris. Plant material not in this condition shall be replaced or maintained to meet these requirements.
      (4)   Landscaping shall be provided according to a point system. Points are accumulated according to the value given a specific plant type as indicated below. Species within each plant type are listed in division (O) below, Plant List.
         (a)   Plant types shall be given the following point values:
 
Bedding plant areas and ground cover
1/2 point per square foot
Evergreens
275 points per tree
Ornamental lighting standards
   Standards which adhere to a design theme
10 points per lighting standard
   Site furnishings which adhere to a design theme and enhance the aesthetics or usability of a site
10 points per furnishing
Ornamental trees
250 points per tree
Shade trees
225 points per tree
Shrubs up to 3 feet in  height
35 points per shrub
Shrubs 4 to 12 feet in  height
70 points per shrub
 
         (b)   The required point values are as follows.
            1.   Open space areas shall be landscaped to a point value no less than 0.05 per square foot.
            2.   Landscaped setbacks shall be landscaped to a point value no less than 0.35 per square foot.
            3.   Landscaped buffers shall be landscaped to a point value no less than one and one-half per square foot.
            4.   Landscaped screens shall be landscaped to a point value no less than two per square foot.
            5.   Required landscaped areas within parking lots shall be landscaped to a point value no less than one-half per square foot.
            6.   Retention and detention ponds shall be landscaped to a point value equal to the landscaped requirements for the area in which it is located.
            7.   Motor vehicle service or sales uses shall be landscaped an additional 20% over the values listed in divisions (M)(4)(b)1. through 4. above. This shall not include retail sale, wholesale, warehousing or manufacturing of motor vehicle parts.
            8.   Point value requirements for specific uses may be appropriate, and are established within this section wherever regulations for such a use are contained.
      (5)   Building and parking structures or areas may consume 80 to 905 of the site according to standards set forth in Figure 2, Open Space Requirements. The balance of the site shall be devoted to open space. Landscape setbacks may be included in open space calculations.
   Figure 2:  Open Space
 
      (6)   Within a landscaped setback, no more than 75% of the point requirements may be achieved by the same plant type.
      (7)   Suggested groupings for trees are in informal blocks adjacent to the development, scattered as individuals, or as small groups in intensively landscaped areas.
      (8)   Where retail or business uses abut institutional or residential uses, a landscape buffer shall be installed and maintained across the length of the property and within the required building setback for that yard.
      (9)   Where industrial uses abut institutional or residential uses, a landscaped screen shall be installed and maintained across the length of the property and within the required building setback for that yard.
      (10)   Landscaping materials shall be selected from the approved plants and trees listed in division (O) below, Plant List. Deviations from this list will be subject to approval by the Plan Commission.
      (11)   The grades of all walks, parking spaces, terraces, and other paved areas shall conform with the requirements of the State Accessibility Act. In addition, they shall provide an inviting and stable appearance for walking.
      (12)   All landscape treatments shall strive to preserve and enhance natural features, enhance architectural features, strengthen vistas and provide intermittent shade. Where significant value is placed upon such features, the Planning Division may recommend and the Plan Commission may assign point values to such features that would count toward the required landscaping point value for the site.
      (13)   Unity of design is encouraged and may be achieved by repetition of certain plant varieties and other materials, and by correlation with native prairie environments or adjacent developments where appropriate.
      (14)   Retention ponds shall be enhanced with appropriate landscaping and use of wetland plants. Retention ponds shall be located pursuant to division (I) above, Site Design, Grading and Drainage. Landscaping shall not interfere with the retention pond’s function.
      (15)   Plant material shall be selected for interest in its structure, texture and color, and for its ultimate growth size. Plants shall be used that are indigenous to the area and others that are hardy, harmonious to the design and good in appearance.
      (16)   In locations where plants will be susceptible to injury by pedestrian or vehicular traffic, they shall be protected by appropriate curbs, tree guards or similar devices.
      (17)   Consideration shall be given to the special needs of plants surrounded by impervious surfaces.
      (18)    In areas where general planting will not prosper, other solutions such as fences, stone walls, raised planters or ground covers shall be used. Carefully selected plants shall be included in these solutions wherever possible.
      (19)   Exterior lighting shall enhance the building design and adjoining landscape. Lighting standards and fixtures shall be of a design and size compatible with the building and adjacent areas.
      (20)   Site furnishings located on private property shall be designed as part of the site’s architectural concept and landscape. Materials and colors shall be in harmony with buildings, surroundings and other furnishings; scale shall be appropriate to the site and the design; and proportions shall be attractive.
      (21)   Site furnishings and landscaping located in any public way or on other public property shall be harmonious with the design of adjacent buildings, with the appearance of Gary Avenue or North Avenue in the vicinity, and with the general character of the village.
      (22)   Fences shall comply with the requirements of the village Fence Code (Ch. 6, Art. 12). Fences which are located within the Gary Avenue or North Avenue Corridors shall comply with the standards set forth in this section. Fencing material with no proven record of durability or ease of maintenance, or which is known to be of low aesthetic quality, shall not be used.
         (a)   Fencing for new development shall be included in the Gary Avenue or North Avenue Corridor Development Plans, and shall be subject to review and approval by the Plan Commission as per the procedures defined in division (N) of this section. Chain link, stockade or material which is not of a sufficient level of quality shall not be permitted
         (b)   New or replacement fencing placed on existing, developed properties must meet the purpose and intent of the corridor regulations, as determined by the Community Development Director, and review by the Plan Commission shall not be required; however, the applicant may appeal the decision of the Community Development Director in accordance with § 16-11-22.
         (c)   Maintenance of existing fencing shall not be subject to the corridor regulations, provided the new portion of fence shall be of the same type as the existing fence.
         (d)   New or replacement fencing placed on existing residential properties shall not be subject to the corridor regulations.
   (N)   Review and approval procedures. Except for individual single-family homes, all new construction, subsequent construction, exterior remodeling, expansion or demolition of structures shall be reviewed and approved by the Plan Commission prior to commencement of any on-site building or construction activity. Such review of projects shall follow the procedures outlined below.
      (1)   Preliminary sketch. The applicant shall prepare a readable sketch which depicts building size and location and parking lot configuration including auto capacity. This sketch shall also include driveway size and location, building and parking setbacks, landscaping areas and preliminary utility layout. This preliminary sketch shall be reviewed by Planning Division staff and staff from other appropriate village divisions. Appropriate comments shall be submitted to the applicant which detail not only specific requirements which will apply to the property, but design features which are desirable to the village as well.
      (2)   Registered professional architect, landscape architect. The applicant shall engage a registered professional architect and landscape architect to prepare Gary Avenue or North Avenue Corridor Development Plans. The applicant may provide evidence of the ability to prepare Gary Avenue or North Avenue Corridor Development Plans through the use of personnel already in the applicant’s employ.
      (3)   Gary Avenue or North Avenue Corridor Development Plans. These plans represent final site layout and design and shall incorporate comments generated from the preliminary sketch and shall include utility service, exterior design renderings, elevations, materials, landscaping, signage, exterior lighting and colors. These plans shall be presented in the format typically produced by a registered, professional architect or engineer as required by the Planning Division and/or Engineering Department staff. The Plan Commission shall review the Gary Avenue or North Avenue Corridor Development Plans within 30 days of its receipt by the Planning Division unless the applicant requests an extension. The Plan Commission shall take one of the following actions upon reviewing the Gary Avenue or North Avenue Corridor Development Plans:
         (a)   Return the Gary Avenue or North Avenue Corridor Development Plans to Planning Division staff with recommendations for further refinement and an extension of processing time to address particular issues;
         (b)   Approval of the Gary Avenue or North Avenue Corridor Development Plans;
         (c)   Approval of the Gary Avenue or North Avenue Corridor Development Plans subject to conditions; or
         (d)   Denial of the Gary Avenue or North Avenue Corridor Development Plans.
      (4)   Refining plans. When the plans have been returned for refinement, the applicant shall be responsible for refining the plans in accordance with the comments stated by the Plan Commission. In the case of the resubmittal of revised Gary Avenue or North Avenue Corridor Development Plans, in their review, the Plan Commission shall consider if all issues identified as part of the previous reviews have been addressed. The Plan Commission shall review revised Gary Avenue or North Avenue Corridor Development Plans within 30 days of its receipt by the Planning Division unless the applicant requests an extension.
      (5)   Right of appeal. The applicant shall have the right to appeal decisions of the Plan Commission to the Village Board. If an appeal is desired, the applicant shall submit, in writing, a request for appeal and specific reasons for the appeal to the Community Development Department. The Village Board may grant modifications to the
requirements contained within the corridor regulations when the Board can identify specific justification for the modification. The Village Board shall review the appeal request within 30 days of its receipt by the Community Development Department unless the applicant requests an extension.
   (O)   Plant list. This division (O) presents common plant types and their corresponding point values. This division (O) shall be used to determine landscaping point values as required by the Zoning Code. Point values for plant types that do not appear in this division (O) shall be considered on a case by case basis.
 
Shade Trees (225 points per tree)
Botanical Name
Common Name
*Salt Tolerance
Acer Plantanoides
Norway Maple
T
Acer Rubrum
Red Maple
I
Acer Saccharum
Sugar Maple
I
Acer Saccharum “Columnare”
Columnar Sugar Maple
I
Acer Saccharum “Green Mountain”
Green Mountain Sugar Maple
I
Acer Saccharum “Wright Brothers”
Wright Brothers Sugar Maple
I
Aesculus Glabra
Ohio Buckeye
S
Aesculus Hippocastatum
Horsechestnut
S
Betula Nigra
River Birch
T
Celtis Occidentalis
Hackberry
T
Ginkgo Biloba
Ginkgo
T
Gleditsia Triacanthos “Inermis”
Thornless Honeylocust
T
Gynocladus Dioicus
Kentucky Coffee Tree
T
Larix Decidua
European Larch
T
Liriodendron Tulipifera
Tulip Tree
S
Phellodendron Amurense
Amur Corktree
S
Quercus Bicolor
Swamp White Oak
T
Quercus Ellipsoidalis
Hills Oak
T
Quercus Macrocarpa
Bur Oak
T
Quercus Robur
English Oak
T
Quercus Rubra
Red Oak
T
Quercus Velutina
Black Oak
T
Tilia Americana
American Linden
I
Tilia Americana “Fastigiata”
Pyramidal American Linden
I
Tilia Americana “Redmond”
Redmond Linden
I
Tilia Cordata
Little Leaf Linden
I
Tilia Cordata “Chancellor”
Chancellor Linden
I
Tilia Cordata “Glenleven”
Glenleven Linden
I
Tilia Cordata “Olympic”
Olympic Linden
I
Tilia X Euchlora
Crimean Or Redmond Linden
I
Tilia Platyphyllos
Big-Leaf Linden
I
Tilia Vulgaris
European Linden
I
Taxodium Distichum
Baldcypress
T
Zelkova Serrata
Zelkova
S
Zelkova Serrata “Greenvase”
Greenvase Zelkova
S
 
 
Ornamental Trees  (250 Points per tree)
Botanical Name
Common Name
*Salt Tolerance
Acer Ginnala
Amur Maple
T
Amelanchier Canadensis
Juneberry
T
Cercis Canadensis
Eastern Redbud
S
Cornus Alternifolia
Pagoda Dogwood
S
Cornus Mas
Cornelian Cherry Dogwood
S
Crataegus Crusgalli
Cockspur Hawthorn
S
Crataegus Crusgalli “Inermis”
Thornless Cockspur Hawthorn
S
Crataegus Phaenopyrum
Washington Hawthorn
S
Crataegus Viridis
Winter King Hawthorn
S
Magnolia Stellata
Star Magnolia
T
Malus “Adams”
Adams Crabapple
T
Malus Floribunda
Jap. Flowering Crabapple
I
Malus “Red Splendor”
Red Splendor Crabapple
I
Malus “Snowdrift”
Snowdrift Crabapple
I
Malus Sieboldi Zumi “Calocarpa”
Zumi Crabapple
T
Pyrus Calleryana “Chanticleer”
Chanticleer Flowering Pear
S
Pyrus Calleryana “Redspire”
Redspire Flowering Pear
S
Pyrus Calleryana “Whitehouse”
Whitehouse Flowering Pear
S
Syringa Japonica
Japanese Tree Lilac
T
Viburnum Prunifolium
Blackhaw Viburnum
T
 
 
Evergreens  (275 Points per tree)
Botanical Name
Common Name
*Salt Tolerance
Juniperus Chinensis
Chinese Juniper
I
Juniperus Communis
Common Juniper
I
Juniperus Virginiana
Red Cedar
I
Picea Glauca Densata
Black Hills Spruce
I
Pinus Nigra
Austrian Pine
I
Pinus Sylvestris
Scotch Pine
I
 
 
Shrubs  (4 - 12 [70 Points per shrub]; 0 - 3  [35 Points per shrub])
Botanical Name
Common Name
*Salt Tolerance
Aronia Arbutifolia
Red Chokeberry
T
Aronia Melanocarpa
Black Chokeberry
T
Berberis Thunbergii
Japanese Barberry
S
Berberis Thunbergii “Crimson”
Crimson Pygmy Barberry
S
Cornus Isanti
Isanti Dogwood
S
Cornus Racemosa
Grey Dogwood
S
Corylus Americana
American Hazelnut
I
Cotoneaster Apiculatus
Cranberry Cotoneaster
T
Euonymous Alatus
Burning Bush
S
Euonymous Alatus Compacta
Dwarf Burning Bush
S
Forsythia “Arnold Dwarf”
Arnold Dwarf Forsythia
I
Forsythia Viridissima “Bronxensis”
Bronx Greenstem Forsythia
I
Forsythia X Intermedia
Border Forsythia
I
Hamamelis Vernalis
Vernal Witchazel
T
Hamamelis Virginiana
Common Witchazel
T
Hypericum
St. Johnswort
T
Ilex Verticillata
Winterberry Holly
S
Ligustrum Vulgare
Common Privet
S
Ligustrum X Vicary
Golden Vicary Privet
S
Lonicera Clavey
Clayey’s Dwarf Honeysuckle
I
Potentilla Fruticosa
Pontentilla
T
Rhus Aromatica
Fragrant Sumac
T
Rhus Glabra
Smooth Sumac
T
Rhus Typhina
Staghorn Sumac
T
Ribes Alpinum
Alpine Current
T
Spirea Bumalda “Goldflame”
Goldflame Spirea
S
Spirea Japonica “Little Princess”
Little Princess Spirea
S
Spirea Van Houttei
Van Houtt Spirea
S
Syringa Patula “Miss Kim”
Miss Kim Korean Lilac
T
Syringa Vulgaris
Common Lilac
T
Taxus Spp
Yew
S
Viburnum X Carlcephalum
Fragrant Viburnum
I
Viburnum Carlesii “Compacta”
Dwarf Koreanspice Viburnum
I
Viburnum Dentatum
Arrowwood Viburnum
I
Viburnum Lentago
Nannyberry Viburnum
I
Viburnum Trilobum
American Cranberry Bush
I
Viburnum Trilobum Compactum
Dwarf Cranberry Bush
I
 
 
Groundcover  (1/2 point per square feet)
Botanical Name
Common Name
*Salt Tolerance
Cotoneaster Adpressa
Creeping Cotoneaster
T
Cotoneaster Dammeri
Bearberry Cotoneaster
T
Cotoneaster Horizontalis
Rock Spray Cotoneaster
T
Cotoneaster Horizontalis “Hessei”
Hesse Cotoneaster
T
Euonymus Fortunei “Colorata”
Purpleleaf Wintercreeper
I
Euonymus Fortunei Vegetus
Bigleaf Wintercreeper
I
Hedra Helix
Ivy
I
Juniperus Chinensis Procumbens
Jap. Garden Juniper
I
Juniperus Chinensis Sargentii
Sargent Juniper
I
Juniperus Conferta
Shore Juniper
I
Juniperus Horizontalis
Creeping Juniper
I
Pachysandra Terminalis
Jap. Pachysandra
I
Polygonum Reynoutria
Dwarf Fleeceflower
T
Rhus Aromatica “Gro-Low”
Grow-Low Sumac
T
Sedum Spurium “Dragon’s Blood”
Sedum
I
Vinca Minor Bowles
Myrtle
I
 
 
Grasses  (1/2 point per square feet)
Botanical Name
Common Name
*Salt Tolerance
Calamagrostis Acutifolius “Stictus”
Feather Reed Grass
T
Deschampsia Caesptiosa
Tufted Hair Grass
S
Elymus Glaucus
Blue Lyme Grass
T
Helictotrichon Sempervirens
Blue Oat Grass
S
Miscanthus Sinensis “Gracillimus”
Maiden Grass
T
Miscanthus Sinensis Purpurascens
Purple Maiden Grass
T
Miscanthus Sinensis “Silberfeder”
Silver Maiden Grass
T
Miscanthus Sinensis “Variegatus”
Striped Eulalia Grass
T
Pennisetum Alopercuroides
Fountain Grass
T
Penn. Alopercuroides “Hamelin”
Dwarf Fountain Grass
T
Sesleria Autumnalis
Autumn Moor Grass
T
Sporobolus Heterolepsis
Prairie Drop Seed
T
 
 
Hardy Perennials/Wildflowers  (1/2 point per square feet)
Botanical Name
Common Name
*Salt Tolerance
Acorus Calamus
Sweet Flag
T
Allium Cernuum
Wild Onion
T
Amorpha Canescens
Leadplant
T
Anemone Cylindrica
Thimbleweed
T
Antennaria Sp
Pussytoes
T
Aquilegia Canadensis
Columbine
T
Asclepias Incarnata
Red Milkweed
T
Asclepias Tuberosa
Butterfly Weed
T
Aster Laevis
Smooth Aster
T
Baptisia Leucantha
White Wild Indigo
T
Callirhoe Triangulata
Poppy Mallow
T
Coreopsis Palmata
Stiff Coreopsis
T
Delphinium Tricorne
Wild Larkspur
S
Dicentra Cucullaria
Dutchman’s Breeches
S
Dodecatheon Meadia
Shooting Stars
S
Echinacea Pallida
Pale Purple Coneflower
T
Echinacea Purpurea “Magnus”
Purple Coneflower
T
Eryngium Yuccifolium
Rattlesnake Master
T
Euphorbia Corollata
Flowering Spurge
T
Geranium Maculatum
Wild Geranium
S
Geum Triflorum
Prairie Smoke
T
Helianthus Occidentalis
Western Sunflower
T
Hemerocallis Spp
Daylily
T
Hydrophyllum Virginianum
Virginia Waterleaf
S
Iris Virginica Shrevei
Blue Flag Iris
T
Liatris Pyscostachya
Gayfeather
T
Lilium Superbum
Turkscap
T
Lithospermum Croceum
Puccoon
T
Lupinus Perennis
Lupine
T
Mertensia Virginica
Bluebells
S
Mondarda Fistulosa
Bee Balm
T
Sparganium Eurycarpum
Large Fruited Burreed
S
Tephrosia Virginiana
Goatsrue
S
Petalostemum Purpureum
Purple Prairie Clover
T
Soldago Sp
Goldenrod
T
Uvularia Grandflora
Yellow Bellwort
S
Tradescantia Ohiensis
Spiderwort
T
Viola Pedata
Pansey Violet
T
Perovskia Atriplicifolia
Russian Sage
T
Ranunculus Rhomboideus
Prairie Buttercup
T
Rudbeckia Hirta
Black-Eyed Susan
T
Veronicastrum Virginicum
Culversroot
T
Ratibida Pinnata
Yellow Coneflower
T
Silphium Terebinthinaceum
Prairie Dock
T
Sangiunaria Canadensis
Bloodroot
S
Sisyrinchium Campestre
Blue-Eyed Grass
T
Mondarda Punctata
Spotted Bee Balm
T
Phlox Divaricata
Blue Phlox
T
Polygonum Coccineum
Marsh Smartweed
S
Sagittaria Latifolia
Arrowhead
S
 
*Salt Tolerance Levels:  T = Tolerant  I = Intermediate  S = Sensitive
(Ord. 95-07-35, passed 7-10-1995; Ord. 2000-04-29, passed 4-17-2000; Ord. 2006-09-56, passed 9-18-2006; Ord. 2011-10-34, passed 10-3-2011; Ord. 2011-12-43, passed 12-19-2011)
§ 16-5-7  ABOVE-GROUND SERVICE FACILITIES.
   (A)   Purpose. The purpose of this section is to establish general guidelines for the construction and placement of above-ground service facilities (“service facility” or “service facilities”), as defined herein, in the village. The goals of this section are to encourage the location of service facilities in non-residential areas: to minimize the total number of service facilities throughout the community; to encourage users of service facilities to locate them, to the extent possible, in areas where the adverse impact on the community is minimal: to encourage users of service facilities to configure them in a manner that minimizes the adverse visual impact; and to enhance the ability of the providers of services to provide such services to the community quickly, efficiently and effectively.
   (B)   Applicability. No service facility shall be erected or installed except in compliance with the provisions of this section. Service facilities located on property owned, leased or otherwise controlled by the village shall be exempt from the requirements of this section, provided a lease, license or franchise agreement authorizing such service facilities has been approved by the Village Board. Where conflicts exist between this section and the remainder of the Carol Stream Zoning Code, the provisions of this section shall govern.
   (C)   General definitions, guidelines and performance standards.
      (1)   Definitions. As used in this section and unless the context clearly requires otherwise, the terms ABOVE-GROUND SERVICE FACILITY and SERVICE ENTITY shall have the meaning ascribed to them in § 16-18-1.
      (2)   Additional use permitted on lot. For purposes of determining whether the installation of a service facility complies with district bulk regulations, including, but not limited to, setback and lot requirements, the dimensions of the entire zoning lot shall control, even though the service facility may be located on leased property within such zoning lot.
      (3)   Number of service facilities. Only one service facility per service entity shall be located on any zoning lot.
      (4)   Sound, lighting, color and appearance. No visible or audible signals or lights or illumination shall be permitted on a service facility. Service facilities shall be of earth-tone colors and be maintained in good condition, including, but not limited to, being free of peeling paint and graffiti, and shall be maintained as level.
      (5)   Signage. No advertising shall be allowed on any service facility, other than a plaque no larger than four inches by six inches identifying the service entity, which shall be required.
      (6)   Compatibility with structure. When included as part of an existing building or structure, the service facility shall be of a material and color, or shall be screened using building materials of a material and color, which substantially match the exterior of the building or structure, and shall be located or screened in an aesthetically acceptable manner so as not to be visible from a vantage point of six feet high at the property lines of adjacent properties and adjacent rights-of-way. The Community Development Director shall determine whether the material and color of a service facility mounted on a building, structure or rooftop matches the building, structure or rooftop and is screened from adjacent rights-of-way and properties.
      (7)   Abandonment. In the event the use of any service facility has been discontinued for a period of 180 consecutive days, the service facility shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the Community Development Director (“Director”), who shall have the right to request documentation and/or affidavits from the service entity regarding the determination of the service facility’s term of use. Upon the Director’s determination and written notification to the service entity of such abandonment, the service entity shall have an additional 90 days with which to either: reactivate the actual use of the service facility, transfer the service facility to another service entity which makes actual use of the service facility, or dismantle and remove the service facility and notify the Director in writing of the completion of such removal. At the earlier date of either 270 days from the date of discontinuance without reactivation or completion of dismantling and removal, any special use permit and/or zoning variation approval for the service facility shall automatically expire without further action by the Director.
      (8)   Equipment and non-interference. Mobile or immobile equipment not used in direct support of a service facility shall not be stored or parked on the site of a service facility unless and while repairs to such facility are being made. Backup generators shall only be operated during power outages and for testing and maintenance purposes, and shall not be placed on-site except when in use or where integrated within the service facility’s cabinet. Noise attenuation measures shall be included to reduce noise levels to satisfy applicable state and village performance standards. Testing and maintenance of generators shall only take place on weekdays between the hours of 8:30 a.m. and 4:30 p.m. Service facilities shall not physically interfere with access to existing structures or utilities.
      (9)   Substantial written evidence of denial. In the course of reviewing any request for approval required under this section, the combined Board or the Village Board, as the case may be, shall act within a reasonable period of time after the request is duly filed, taking into account the nature and scope of the request.
      (10)   Petition for amendment. Should the application of this section have the effect of prohibiting a person or entity from providing services to all or a portion of the village, such provider may petition for a variation from this section in the manner described in § 16-15-6.
      (11)   Nonconformities. Any service facility installed and operating prior to enactment of the Illinois Cable and Video Competition Law of 2007 (220 ILCS 5/21-100 et seq.), which would be otherwise prohibited by or subject to this section, shall be considered a lawful, existing, nonconforming use and/or structure, as the case may be, and shall be subject to the rules on existing nonconforming lots, buildings, structures and uses provided in Ch. 16, Art. 14, of the Carol Stream Zoning Code.
      (12)   Independent technical expert. The Community Development Director is explicitly authorized to employ on behalf of the village an independent technical expert to review any technical materials submitted by the service entity or by other participants submitting an application or petition, including, but not limited to, those materials required under this section. The applicant or petitioner shall pay all reasonable costs of said review, including any administrative costs incurred by the village. Hourly rates charged by the independent technical expert shall not exceed those hourly rates customarily charged by similar technical experts within the engineering profession. Any confidential, proprietary or other such information exempted from disclosure by the Illinois Freedom of Information Act, being 5 ILCS 140/1 et seq., and disclosed to the village or the expert hired shall remain confidential and exempted from public disclosure in accordance with the Illinois Freedom of Information Act.
   (D)   Administrative approvals.
      (1)   General.
         (a)   The Community Development Director may administratively approve the uses listed in division (D)(2) of this section. Nevertheless, all such uses shall comply with division (C) of this section, and all other applicable ordinances. Above-ground service facilities are subject to the bulk regulations of the Carol Stream Zoning Code and are subject to the regulations of the Carol Stream Building Codes.
         (b)   Each applicant for administrative approval shall apply to the Community Development Director for a building permit, which application shall include: a plat of survey, engineering plans, site plans, electrical plans, landscape plans, structure elevations, and other documents and plans as may be deemed necessary. Said plans and documents shall provide the information set forth in divisions (F)(2) and (F)(3) of this section.
         (c)   The Community Development Department shall respond to each such application, resubmission or supplemental application within 30 days after receiving it by either approving the application, approving it with conditions, denying it, describing the additional information necessary to consider the application complete, or requesting additional information to determine whether the application complies with this chapter. If the Community Development Department fails to respond to the applicant within said 30 days, or such additional time as is reasonably necessary to obtain the additional information from the applicant and review it, then the application shall be deemed to be denied.
         (d)   If an administrative approval is denied, the applicant may appeal said denial in accordance with the provisions of the Carol Stream Zoning Code concerning appeals of administrative decisions.
         (e)   The Community Development Director may refer an application for administrative approval, that otherwise meets the standards contained herein, to be considered and approved as required by division (F) of this section if the Community Development Director determines in writing that the public interest would be furthered by requiring a special use permit to construct the service facility in question.
      (2)   Specific administratively-approved uses. The following uses shall be approved by the Community Development Department after conducting an administrative review unless the Community Development Director concludes that the public interest would be furthered by requiring a special use permit in conformance with division (D)(1)(e) of this section.
         (a)   Service facilities installed within the rear yard in any zoning district; provided, the service facility is set back three feet from the side property line and five feet from the rear property line; and further provided:
            1.   A service facility shall not be located within a 250-foot radius from any existing or approved service facility;
            2.   The separation requirement of division (D)(2)(a)1. of this section may be waived by the Community Development Director for the I Industrial District, the B-2 General Retail District, the B-3 Service District and the B-4 Office, Research and Institutional Business District; provided that, the applicant establishes:
               a.   No other site or current technology could be used to provide intended services to the residents of the village; and
               b.   A denial of a permit for the proposed site would create a gap in providing intended services to the residents of the village.
            3.   A service facility shall be landscaped with an evergreen and/or deciduous hedge equal in height at the time of planting to the service facility, and installed and maintained in accordance with division (F)(3) of this section; and
            4.   If one or more of the foregoing factors do not exist, the Community Development Director shall inform the applicant that it may request a special use permit in conformance with division (F) of this section.
         (b)   Service facilities installed within the interior side yard in any non-residential zoning district and in any residential zoning lot that, maintains a non-residential principal use and/or structure (school, park or church); and further provided:
            l.   The service facility is set back three feet from the side property line;
            2.   A service facility shall not be located within a 250-foot radius of any existing or approved service facility; and
            3.   A service facility shall be landscaped with an evergreen and/or deciduous hedge equal in height at the time of planting to the service facility, and installed and maintained in accordance with division (F)(3) of this section.
   (E)   Prohibited uses.
      (1)   Residential yards. Service facilities are prohibited in the front yard or side yard adjoining a street of any lot used for residential purposes within the R-1, R-2, R-3 and R-4 Zoning Districts.
      (2)   Prohibited equipment. Above-ground service facilities containing any device that creates an undue risk to the public’s health, safety and welfare are prohibited from every zoning district.
   (F)   Special use permits.
      (1)   General. The following provisions shall govern the issuance of special use permits.
         (a)   Service facilities not permitted to be approved administratively pursuant to division (D) of this section, and not otherwise prohibited by division (E) of this section, shall require a special use permit. Special use permit applications for service facilities shall be processed and heard in conformance with the requirements of the Zoning Code.
         (b)   In granting a special use permit, conditions may be imposed to the extent the Village Board determines necessary to minimize any adverse effect of the proposed service facility. Where a service facility is to be located in a front yard or a side yard adjoining a street, the special use permit shall require that the service facility be no closer than five feet from the lot line of a front yard or a side yard adjoining a street, or such greater distance as determined by the Village Board.
         (c)   Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a professional engineer, licensed in the State of Illinois.
         (d)   Any application for a special use permit required by this section must include evidence of the property owner’s written consent to the service entity locating the service facility on the subject property, including an acknowledgment that such property owner has read and acknowledges the obligations set forth in § 16-15-7(F)(3).
      (2)   Factors considered in granting special use permits. In addition to the standards identified in § 16-15-8 of the Zoning Code, the following factors may be considered in determining whether to recommend or issue a special use permit:
         (a)   Whether the service facility is the smallest size capable of providing the intended service, as determined by the Community Development Director;
         (b)   Proximity of the service facility to residential district boundaries;
         (c)   Nature and intensity of uses on adjacent and nearby properties;
         (d)   Topography of site and surrounding areas;
         (e)   Surrounding tree coverage and foliage;
         (f)   Design of the service facility, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness; and
         (g)   The physical relationship between the service facility and existing structures and utilities.
      (3)   Landscaping/screening. The following requirements shall govern the landscaping surrounding service facilities requiring a special use permit.
         (a)   A service facility shall be landscaped/screened with a variety of plant materials that effectively screen the view of the service facility from adjacent property and public rights-of-way on a year-round basis. In some cases, such as a service facility sited on a large, wooded lot, natural growth around the property perimeter may be a sufficient buffer. Appropriate care and maintenance of plant material shall be provided to keep such growth alive and in good condition. Diseased or dead plant material shall be replaced. All trees shall be maintained until established. All trees not in a vigorous growing condition after one growing season shall be replaced at the beginning of the next succeeding planting season.
         (b)   In locations where the visual impact of the service facility would be and is likely to remain minimal for the foreseeable future, the landscaping requirement may be reduced or waived.
         (c)   The property owner and the service entity shall be jointly and severally liable for the landscaping and screening obligations set forth in this division (F)(3).
   (G)   Fire damage. Any above-ground service facility that spontaneously combusts, explodes or otherwise becomes set afire for any reason shall not be removed from its location until such time as the village, the Fire Protection District or their designee can investigate the cause thereof and develop regulatory regulations for minimizing the risk in the future.
(Ord. 2008-10-49, passed 10-6-2008)
ARTICLE 6:  ZONING DISTRICTS
Section
   16-6-1   Zoning districts
   16-6-2   Zoning District Map and boundaries of districts
   16-6-3   Zoning of annexed land
§ 16-6-1  ZONING DISTRICTS.
   For the purpose and provisions herein, the village is hereby organized into the following districts.
   (A)   Floodplain District.
      (1)   F-1 - Floodways; and
      (2)   F-2 - Flood Fringes.
   (B)   Residence District.
      (1)   R-1 - One-Family Residence District;
      (2)   R-2 - One-Family Residence District;
      (3)   R-3 - One-Family Residence District; and
      (4)   R-4 - General Residence District.
   (C)   Business District.
      (1)   B-1 - Local Business District;
      (2)   B-2 - General Business District;
      (3)   B-3 - Service District; and
      (4)   B-4 - Office, Research and Institutional Building District.
   (D)   Industrial District. I - Industrial District.
   (E)   Agricultural District. A - Agricultural District.
§ 16-6-2  ZONING DISTRICT MAP AND BOUNDARIES OF DISTRICTS.
   (A)   Zoning District Map. The districts and their boundaries are as shown upon a zoning district map entitled “Official Zoning Map of Carol Stream, Illinois”, dated May, 1974 and revised 3-17-1975, which map and all amendments thereto and all notations, references, and other information shown thereon are hereby incorporated and made a part of this chapter, with the same force and effect as if such Zoning District Map, amendments, notations, references and other information were fully herein set forth. The original Zoning District Map, properly attested to, shall be kept on file with the Village Clerk.
   (B)   District boundaries. When uncertainty exists with respect to the boundaries of the various districts shown on the zoning map and made a part of this  chapter, the following rules shall apply.
      (1)   District boundary lines shall be on the lines of railroads, highways, streets or easements or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended unless otherwise indicated.
      (2)   In areas not subdivided into lots and blocks, whenever a district is indicated as a strip adjacent and parallel to a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the centerline of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the maps from sections, quarter sections or division lines in centerlines of streets, highways or railroad rights-of-way unless otherwise indicated.
      (3)   Where a lot held in one ownership and of record on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided that, this shall not apply if it increases the frontage of the lot by more than 25 feet required in the less restricted district.
      (4)   Floodplain boundaries on the zoning map are approximations of the floodway map prepared by the Federal Insurance Administration and contained within Ch. 6, Art. 9, and Ch. 7, Art. 7, of the village Code of Ordinances, flood prone areas. Floodplain limits as shown on the above map shall be controlling in determining the area included in the floodplain on the Zoning District Map for the village
   (C)   Zoning of streets, easements, public ways, waterways and railroad rights-of-way. All streets, easements, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such streets, easements, public ways, waterways and railroad rights-of-way. Where any of the above rights-of-way serve as district boundaries, the zoning of such areas, unless otherwise designated, shall be deemed to be the same as that of the abutting property up to such centerline.
§ 16-6-3  ZONING OF ANNEXED LAND.
   (A)   Any area hereafter annexed to the village shall, upon such annexation, be automatically zoned R-1, being defined as the highest restricted use zone within this chapter, unless such property has been otherwise zoned after preannexation zoning hearing as provided in division (B) of this section.
   (B)   Any property owner desiring annexation to the village contingent upon obtaining a zoning classification other than the R-1 and/or a special use permit, shall submit an annexation petition to the Village Board conditioning such annexation on obtaining the stipulated zoning change and/or the special use permit. Upon payment of the required fee by the property owner, the Village Board shall refer the petition to the Plan Commission for public hearing. Thereafter, the same procedure shall be followed as in other hearings requesting a change in zoning districts or the granting of a special use permit. If the Village Board does not approve the stipulated zoning change and/or special use permit, or does not agree to execute an annexation agreement with the owner, then the owner may withdraw the petition to annex, but shall not receive a refund of any fees paid to the village.
ARTICLE 7:  FLOODWAYS AND FLOOD FRINGE AREAS
Section
   16-7-1   F-1 Floodways
   16-7-2   F-2 Flood Fringes
Cross-reference:
   Flood prone areas, see Ch. 6, Art. 9
   Storm water detention, see Ch. 7, Art. 9
   Subdivisions, see Ch. 7, Art. 7
§ 16-7-1  F-1 FLOODWAYS.
   Floodway areas have been established on the zoning map as such areas as will be subject to substantial flooding as a result of the flood having a 100-year recurrence interval. The subdivision of such floodways and the development of structures and uses within such floodways are governed by Ch. 6, Art. 9, and Ch. 7, Art. 7, of the village code of ordinances. These provisions contain numerous regulations affecting the subdivision and development within floodways. Because a buyer or user or prospective buyer or user of property frequently consults the Zoning Code of a municipality prior to taking any action regarding that land, the corporate authorities have determined that the areas designated as F-1 floodways, although principally regulated by the provisions contained in ordinances other than the Zoning Code should, nonetheless, be established as zoning districts under this Zoning Code. The subdivision, development or use of property within an F-1 zone may only take place in accordance with the provisions of the other zoning category attributable to that land (for example R-1, B-1 and the like) and such other regulations contained within the Zoning Code and the other ordinances of the village regarding areas designated as floodways.
§ 16-7-2  F-2 FLOOD FRINGES.
   Flood fringe areas have been established on the zoning map as such areas as will be subject to substantial flooding as a result of the flood having a 100-year recurrence interval. The subdivision of such flood fringes and the development of structures and uses within such flood fringes are governed by Ch. 6, Art. 9, and Ch. 7, Art. 7, of the village code of ordinances. These provisions contain numerous regulations affecting the subdivision and development within flood fringes. Because a buyer or user or prospective buyer or user of property frequently consults the Zoning Code of a municipality prior to taking any action regarding the land, the corporate authorities have determined that the areas designated as F-2 Flood Fringes, although principally regulated by the provisions contained in ordinances other than the Zoning Code should, nonetheless, be established as zoning districts under this Zoning Code. The subdivision, development or use of property within an F-2 zone may only take place in accordance with the provisions of the other zoning category attributable to that land (for example R-1, B-1 and the like) and such other regulations contained within the Zoning Code and the other ordinances of the village regarding areas designated as flood fringes.
ARTICLE 8:  RESIDENCE DISTRICT
Section
   16-8-1   General requirements
   16-8-2   R-1 One-Family Residence District
   16-8-3   R-2 One-Family Residence District
   16-8-4   R-3 One-Family Residence District
   16-8-5   R-4 General Residence District
§ 16-8-1  GENERAL REQUIREMENTS.
   (A)   The residence districts set forth herein are established in order to protect public health and promote public safety, convenience, comfort, morals and welfare. These general goals include, among others, the following specific purposes:
      (1)   To protect residential areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odors, heat, glare and other objectionable factors;
      (2)   To protect residential areas to the extent possible and appropriate against unduly heavy motor vehicle traffic, especially through traffic, by alleviating congestion and promoting off-street parking;
      (3)   To protect residential areas against undue congestion of public streets and other public facilities by controlling the density of population through regulation of the bulk of the buildings;
      (4)   To protect and promote the public health and comfort by providing for ample light and air to buildings and the windows thereof;
      (5)   To promote public comfort and welfare by providing for usable open space on the same zoning lot with residential development;
      (6)   To provide sufficient space in appropriate locations to meet the probable need for future residential expansions, and to meet the need for necessary and desirable services in the vicinity of residences which increase safety and amenity for residents and which do not exert objectionable influences; and
      (7)   To promote the best use and development of residential land in accordance with a comprehensive land use plan, to promote stability of residential developments and to protect the character and value of land and improvements and so strengthen the economic base of the Village of Carol Stream.
   (B)   In the various residence districts indicated on the Official Zoning Map, no land shall be used and no building or structure shall be erected or altered, nor used or intended to be used, in whole or in part, for any other use than one or more of the uses designated in this article as a permitted use or special use and under conditions specified in the residence district in which the land, building or structure is or shall be located, with the exception of uses lawfully established on the effective date of this chapter; provided that, such uses, buildings or structures rendered nonconforming by this chapter shall be subject to the regulations of Ch. 16, Art. 14, "Nonconforming Lots, Buildings, Structures and Uses".
   (C)   General district standards.  Uses of all structures in the residence districts are subject to the general standards and regulations of this chapter. In addition, all uses located in the residence districts shall be subject to the following district standards.
      (1)   Accessory buildings, structures and uses. All buildings, structures and uses shall conform to the applicable requirements for accessory buildings, structures and uses as set forth in § 16-12-1.
      (2)   Landscaping. All lot and parkway areas not covered with buildings, parking lots, drives or sidewalks shall be covered with turf, plant material or other permanent forms of landscaping, which shall be maintained.
      (3)   Multi-family or non-residential uses. Required yards adjoining streets may be occupied by sidewalks, lighting standards, flag poles, landscaping, vehicular directional and traffic control signs and similar facilities.
      (4)   Off-street parking and loading. All uses shall conform to the applicable requirements for off-street parking and loading as set forth in Art. 13 of this chapter.
(Ord. 2011-10-34, passed 10-3-2011)
§ 16-8-2  R-1 ONE-FAMILY RESIDENCE DISTRICT.
   (A)   Purpose. The R-1 One-Family Residence District is established to encourage the orderly transition of land from agricultural to low density residential use, to provide areas well suited as to location and topography, to meet the market demands for large lots, and to prohibit any uses which are incompatible. The principal use of land is for single dwellings on large lots. Since the Floodplain District and Agricultural District are established due to particular soil or environmental characteristics, this R-1 Zone shall be considered the highest restrictive use under the provisions of this chapter.
   (B)   Permitted uses. The following uses are permitted:
      (1)   One-family detached dwellings and permitted accessory uses;
      (2)   Parks and forest preserves when publicly owned and operated;
      (3)   Allowable home occupations;
      (4)   Family community residence; provided:
         (a)   They have obtained a required state license or certification or the operator has received licensing or certification required by the state to operate community residences;
         (b)   They are located not less than 1,000 feet from any existing community residence as measured from lot line to lot line;
         (c)   Prior to occupancy, a certificate of zoning compliance is applied for and received; and
         (d)   The home shall conform to the type and outward  appearance of the residences in the area in which it is located.
      (5)   Temporary permitted use:  carnival, in compliance with § 10-2-12.
   (C)   Special uses.
      (1)   Purpose. One of the principal objectives of this Zoning Code is to provide for a compatible arrangement of uses of land and buildings, consistent with the requirements and welfare of the village. To accomplish this objective, most types and kinds of uses are classified as permitted in one or more of the Districts establish by this Zoning Code. The uses set forth in this article, however, because of their unique characteristics, only can be located properly in some district or districts upon consideration in each case of the impact of such a use upon neighboring land and of the public need for such a use at the particular location. Such uses, hereby designated as special uses, fall into two categories:
         (a)   Uses either municipally operated, or operated by regulated public utilities or uses traditionally affected with a public interest; and
         (b)   Uses entirely private in character but of such  an unusual nature that their operation may give rise to unique problems with respect to their  impact upon neighboring property or public facilities.
      (2)   Special uses. The following uses may be allowed by special use permit in accordance with the provisions of § 16-15-8.
         (a)   Athletic or swimming facility (public, private or non-profit);
         (b)   Churches and other places of worship, including accessory uses such as convents, rectories, residences for church personnel, day care and pre-school;
         (c)   Golf courses, regulation size or “par 3”, including ancillary uses normally provided, such as restaurants including the sale of alcoholic beverages, residential uses for guests, manager and other employees, but not including commercially operated driving ranges or miniature golf courses; and, provided that, no clubhouse or accessory buildings shall be located nearer than 500 feet to any dwelling on another zoning lot;
         (d)   Growing of farm, garden and plant nursery crops in the open on more than 30% of the lot; provided that, no livestock or poultry are kept, and no offensive odors or dust are created; and, further provided that, no retail sales are conducted from a store or stand erected or maintained on the premises;
         (e)   Planned unit developments according to the requirements of Art. 16 of this Zoning Code;
         (f)   Private recreational areas when not operated for profit;
         (g)   Public uses, police and fire stations, libraries, telephone exchanges, sewage lift stations, electric substations and other similar public service or governmental uses;
         (h)   Railroad rights-of-way and trackage where now existing, but not including reclassification yards, terminal facilities or maintenance facilities;
         (i)   Schools, public, denominational or private, elementary and high, including accessory uses such as, or similar to, pre-school, day care centers, early learning centers, playgrounds and athletic fields auxiliary thereto;
         (j)   Community center, which provides a range of social services such as counseling, recreation, day care, adult education and religious programs;
         (k)   Family community residences and group community residences occupied by up to ten persons with disabilities plus support staff, located less than 1,000 feet from any existing community residence, or for which the state does not require a license or certification; provided:
            1.   The Village President and Board of Trustees find that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and its operation would not create an adverse effect on surrounding properties;
            2.   They have obtained a required state license or certification or the operator has received licensing or certification required by the state to operate community residences; and
            3.   Prior to occupancy, a certificate of zoning compliance is applied for and received.
         (l)   Group community residences are subject to the following conditions.
            1.   No such home shall be located less than 1,000 feet from any existing community residence as measured from lot line to lot line; provided, however, that, this spacing requirement may be waived if the Village President and Board of Trustees find that the cumulative effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and by its operation would not create an adverse effect on surrounding properties.
            2.   If the state requires a license or certification for the proposed community residence, the community residence has obtained the required state license or certification, or the operator has received licensing or certification required by the state to operate community residences.
            3.   Applicant shall submit a statement of the exact nature of the home, the qualifications of the agency that will operate the home, the number and type of personnel who will be employed, and the number and nature of the residents who will live in the home.
            4.   The home shall to the extent possible, conform  to the type and outward appearances of the residences in the area in which it is located.
            5.   Prior to occupancy, a certificate of zoning compliance is applied for and received.
         (m)   Holiday or seasonal exhibition, show or sales.
            1.   The Village Board, in granting a special use, shall establish the period during which the special use may take place and its maximum hours of operation.
            2.   Except for vehicular parking, no portion of an exhibition, show or sale which takes place in whole or in part outdoors shall be located nearer than 50 feet from the nearest lot line of a lot in a residential use.
            3.   No exhibition, show or sale which takes place in whole or in part outdoors shall, without written authorization from the office of the Director of Community Development, place its facilities upon any required paved parking areas. Required paved parking spaces shall mean the minimum number of parking spaces required to be provided for the principal use.
            4.   No holiday or seasonal exhibition, show or sale which is scheduled to last more than one day shall be granted a special use until the Chief of Police shall approve a parking plan submitted by the applicant. The Chief of Police shall review the plan to make certain that adequate pro-vision has been made for the safe ingress and egress of vehicles to the site and to and from parking areas, the marking of parking areas and maneuvering lanes and lighting for evening events.
         (n)   Special offices such as lawyers, doctors, dentists, accountants, insurance agents or other similar professional office type facilities only in existing structures which were formerly used as churches or schools and whose property abuts or is directly across the street from a business or industrial zoning district; and, provided that, the uses possesses adequate off-street parking in accordance with this Zoning Code.
   (D)   Off-street parking. Off-street parking and loading shall be provided as required or permitted in Art. 13 of this Zoning Code.
   (E)   Minimum lot size.
      (1)   Every one-family detached dwelling shall be located on a lot having an area of not less than 20,000 square feet, and a width at the established building line of not less than 100 feet.
      (2)   All non-residential permitted or special uses of buildings as permitted herein shall be located on a tract of land having an area of not less than 20,000 square feet with a minimum width of 100 feet at the building line.
      (3)   Minimum lot sizes for residential special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized as provided in § 16-15-8.
   (F)   Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building structures or enlargements.
      (1)   Front yard: there shall be provided a front yard of not less than 40 feet in depth.
      (2)   Side yards: an interior side yard on each side of the principal structure of not less than ten feet; where a side yard adjoins a street, the minimum width of such yard shall be not less than 25 feet. On lots upon which a non-residential use is erected or enlarged, there shall be an interior side yard of not less than 15 feet; where a side yard adjoins a street, the minimum width of such yard shall be not less than 25 feet.
      (3)   Rear yard: a rear yard depth of not less than 30 feet.
      (4)   Detached accessory buildings and permitted obstructions: refer to Art. 12 of this Zoning Code.
   (G)   Maximum lot coverage. Not more than 30% of an individual single-family lot may be occupied by buildings and structures, including accessory buildings except when structural coverage includes lot area covered by a swimming pool or by a deck which allows water to penetrate into the ground underneath the deck and where the area underneath the deck is covered with agricultural paper, cloth or other pervious sheeting in which case only the area of the swimming pool or deck shall be permitted to exceed 30% of the lot area up to a maximum of 35% of the lot area.
   (H)   Building height. No building shall exceed a height of 35 feet.
   (I)   Minimum floor area per dwelling. Each dwelling shall provided a minimum of 1,500 square feet.
   (J)   Patio door. A patio door on the side of a building at any floor level is prohibited unless there is ten feet between the building and the required side yard.
(Ord. 90-09-86, passed 9-25-1990; Ord. 90-11-94, passed 11-13-1990; Ord. 92-08-91, passed 8-11-1992; Ord. 94-05-46, passed 5-24-1994; Ord. 99-12-64, passed 12-6-1999; Ord. 2011-10-34, passed 10-3-2011)
§ 16-8-3  R-2 ONE-FAMILY RESIDENCE DISTRICT.
   (A)   Purpose. The R-2 One-Family Residence District is established to provide low density areas in which the principal use of land is for single-family dwellings.
   (B)   Permitted uses. Any use permitted in the R-1 One-Family Residence District.
   (C)   Special uses. The following uses may be allowed by special use permit in accordance with the provisions of Art. 15 of this Zoning Code.
      (1)   As in the R-1 District, plus;
      (2)   Cemeteries, including crematories and mausoleums in conjunction therewith; and
      (3)   Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings necessary for operation, but not including business colleges or trade schools when operated for profit.
   (D)   Off-street parking. Off-street parking and loading facilities shall be provided as required or permitted in Art. 13 of this Zoning Code.
   (E)   Minimum lot size.
      (1)   Every one-family detached dwelling hereafter erected shall be located on a lot having an area of not less than 15,000 square feet, and a width at the established building line of not less than 80 feet.
      (2)   All non-residential permitted or special uses as allowed of buildings as permitted herein shall be located on a tract of land having an area of not less than 15,000 square feet with a minimum width at the building line of not less than 80 feet.
      (3)   Minimum lot sizes for special uses shall be prescribed and conditions imposed at the time a special use permit is authorized, as provided in § 16-15-8.
   (F)   Yard areas. No buildings shall be erected or enlarged unless the following yards are provided and maintained.
      (1)   Front yard: there shall be provided a front yard of not less than 40 feet in depth.
      (2)   Side yards: an interior side yard on each side of the principal structure of not less than eight feet; where a side yard adjoins a street, the minimum width of such yard shall be not less than 25 feet. On lots upon which a non-residential use is erected or enlarged, there shall be an interior side yard of not less than 15 feet; where a side yard adjoins a street, the minimum width of such yard shall be not less than 25 feet.
      (3)   Rear yard: a rear yard of not less than 30 feet.
      (4)   Detached accessory buildings and permitted obstructions. Refer to Art. 12 of this Zoning Code for location of accessory buildings and structures and permitted obstructions in the required yard areas.
   (G)   Maximum lot coverage. Not more than 30% of the lot area may be occupied by buildings and structures, including accessory buildings, except when structural coverage includes lot area covered by a swimming pool or by a deck which allows water to penetrate into the ground underneath the deck and where the area underneath the deck is covered with agricultural paper, cloth or other pervious sheeting in which case only the area of the swimming pool or deck shall be permitted to exceed 30% of the lot area up to a maximum of 35% of the lot area.
   (H)   Building height. No building shall exceed a height of 35 feet.
   (I)   Minimum floor area per dwelling. Each dwelling shall provide the following minimum floor area:
      (1)   Three-bedroom or less dwellings:  1,250 square feet;
      (2)   Four-bedroom dwellings:  1,400 square feet; and
      (3)   Rooms designated as a den, study, library or similar use shall be counted as a bedroom in computing the minimum floor area.
   (J)   Patio door. A patio door on the side of a building at any floor level is prohibited unless there is ten feet between the building and the required side yard.
(Ord. 99-12-64, passed 12-6-1999; Ord. 2011-10-34, passed 10-3-2011)
§ 16-8-4  R-3 ONE-FAMILY RESIDENCE DISTRICT.
   (A)   Purpose. The R-3 One-Family Residence District is established to provide areas of higher density than the R-1 and R-2 One-Family Residence Districts.
   (B)   Permitted uses. The following uses are permitted:  any use permitted in the R-1 and R-2 One-Family Residence Districts.
   (C)   Special uses. The following uses may be allowed by special use permit in accordance with the provisions of § 16-15-8: as in the R-1 and R-2 Residence Districts.
   (D)   Off-street parking. Off-street parking and loading facilities shall be provided as required or permitted in Art. 13 of this Zoning Code.
   (E)   Minimum lot size.
      (1)   Every one-family detached dwelling hereafter erected shall be located on a lot having an area of not less than 10,000 square feet and a width at the established building line of not less than 75 feet.
      (2)   All non-residential permitted or special uses of buildings as permitted herein shall be located on a tract of land having an area of not less than 10,000 square feet and a width at the established building line of not less than 75 feet.
      (3)   Minimum lot sizes for special uses prescribed and conditions imposed at the time a special use permit is authorized, as provided in § 16-15-8.
   (F)   Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained.
      (1)   Front yard: there shall be provided a front yard of not less than 25 feet in depth unless 75% of the lots on a block have existing structures, in which case the front yard shall be determined as the average depth of all front yards of existing structures.
      (2)   Side yards: an interior side yard on each side of the principal structure of not less than seven and one-half feet; where a side yard adjoins a street, the minimum width of such yard shall be not less than 25 feet. On lots upon which a non-residential use is erected or enlarged, there shall be an interior side yard of not less than 15 feet; where a side yard adjoins a street, the minimum width of such yard shall be not less than 25 feet.
      (3)   Rear yards: a rear yard of not less than 30 feet.
      (4)   Detached accessory buildings and permitted obstructions: refer to Art. 12 of this Zoning Code for location of accessory buildings and structures and permitted obstructions in the required yard areas.
   (G)   Maximum lot coverage. Not more than 30% of the lot area may be occupied by buildings and structures, including accessory buildings, except when structural coverage includes lot area covered by a swimming pool or by a deck which allows water to penetrate into the ground underneath the deck and where the area underneath the deck is covered with agricultural paper, cloth or other pervious sheeting in which case only the area of the swimming pool or deck shall be permitted to exceed 30% of the lot area up to a maximum of 35% of the lot area.
   (H)   Building height. No building shall exceed a height of 35 feet.
   (I)   Minimum floor area per dwelling. Each dwelling shall provide the following minimum floor area:
      (1)   Three or less bedroom dwellings:  1,000 square feet;
      (2)   Four or more bedroom dwellings:  1,150 square feet; and
      (3)   Rooms designated as a den, study, library or similar use shall be counted as a bedroom in computing the minimum floor area.