This section supplements the standards contained in section 9-4C-4-4 of this article. It provides standards for the following land uses in order to control the scale and compatibility of those uses within the downtown business district:
Residential mixed uses.
Bed and breakfast inns and hotels.
Accessory uses and structures.
Automobile oriented uses and facilities.
A. Residential Mixed Uses: Residential units, when mixed with commercial uses, are permitted to encourage housing near employment, shopping and services. All residential developments shall comply with the standards listed in subsections A1 through A6 of this section, which are intended to require mixed use development; conserve the community's supply of commercial land for commercial uses; provide for designs which are compatible with a storefront character; avoid or minimize impacts associated with traffic and parking; and ensure proper management and maintenance of common areas. Structures designed and constructed as dwellings and which existed prior to the effective date of this code are exempt from this section.
1. Mixed Use Development Required: Residential uses shall be permitted only when part of a mixed use development (residential with commercial or public/institutional use).
2. Limitation On Street Level Housing: No first floor street frontage may be occupied by residential uses. This standard is intended to reserve storefront space for commercial uses and public/institutional uses; it does not limit residential uses above the street level on upper stories, or behind street level storefronts. For parcels with street access at more than one level (e.g., sloping sites with 2 street frontages), this limitation on residential building space shall apply to all street frontages.
3. Intensity Of Use: When living facilities are a part of the commercial structure, there shall be a lot area per residential unit of not less than one thousand two hundred fifty (1,250) square feet. In no event shall such lot coverage exceed eighty percent (80%) of such lot.
4. Parking, Garages, And Driveways: All off street vehicle parking, including surface lots and garages, shall be oriented to alleys, placed underground, placed in structures above the ground floor, or located in parking areas behind or to the side of the building; except that side yards facing a street (i.e., corner side yards) shall not be used for surface parking. All underground or structured parking garage entrances facing a street shall provide for a minimum of sixty percent (60%) retail oriented parking spaces at ground level along that street. On corner lots, garage entrances shall be oriented to an alley or, if no alley is available, to a side street.
5. Creation Of Alleys: When a subdivision is proposed, a public or private alley shall be created for the purpose of vehicle access. Alleys may not be required when existing development patterns or topography make construction of an alley impracticable. As part of a subdivision, the village may require dedication of right of way or easements, and construction of pathways between townhome lots (e.g., between building breaks) to provide pedestrian connections through a development site, subject to site plan review.
6. Common Areas: All common areas (e.g., walkways, drives, courtyards, private alleys, parking courts, etc.) and building exteriors shall be maintained by a homeowners' association or other legal entity. Copies of any applicable covenants, restrictions and conditions shall be recorded and provided to the village prior to building permit approval.
B. Bed And Breakfast Inns And Hotels:
1. Intent: To provide temporary travelers' accommodations and breakfast, for a fee, on a daily or weekly room rental basis, as an accessory use in an existing structure designed for and occupied as a single-family residence, or for facilities designed or retrofitted for hotel or motel use.
2. Standards:
a. Minimal outward modification of the structure or grounds may be made, but only if such changes are compatible with the character of the area or neighborhood and the intent of the zoning district in which it is located. The architectural integrity and arrangement of existing interior spaces must be maintained and the number of guestrooms shall not be increased, except as may be required to meet health, safety, and sanitation requirements.
b. Off street parking shall be provided. The front yard shall not be used for off street parking for temporary guests unless the parking area is screened, and designed to be compatible with the neighborhood.
c. There must be at least five hundred (500) square feet of gross interior floor area for each rental unit. The maximum potential rental units shall be determined by dividing the gross interior floor area of the structure by five hundred (500) square feet. (Ord. O-71-09, 12-14-2009)
Those facilities providing service to more than six (6) guests are not considered "license exempt" under state law and must comply with state hotel/motel restaurant licensing procedures. (Ord. O-71-09, 12-14-2009; amd. Ord. O-7-10, 2-8-2010)
d. One on premises sign may be approved by the village, provided that such sign is compatible with residential uses and is not more than five (5) square feet in size.
e. All necessary village, county, and state permits, certifications, or requirements shall be obtained as a condition of approval of a bed and breakfast service.
f. Room rentals to families or individuals shall not exceed fourteen (14) consecutive days.
g. The Cook County health department shall be required to conduct a general health and safety inspection of the proposed facility. The health department shall impose any conditions required to ensure that all necessary health and safety standards have been met. The applicant shall not initiate any construction activity or make other improvements related to the bed and breakfast facility, or begin operation of the facility prior to a determination, in writing, by the health department that the necessary inspections have been completed and any deficiencies have been corrected to the satisfaction of the health department.
C. Accessory Uses And Structures: Accessory uses and structures are of a nature customarily incidental and subordinate to the principal use or structure on the same lot. Typical accessory structures in the downtown business district include small workshops, greenhouses, studios, storage sheds, and similar structures. Accessory uses and structures are allowed for all permitted land uses within the downtown business district, as identified in this section 9-4C-4. Accessory structures shall not exceed one hundred twenty (120) square feet in size and shall comply with the following standards:
1. Primary Use Required: An accessory structure shall not be allowed in the absence of or prior to the commencement of the primary use.
2. Setback Standards: Accessory structures shall comply with the setback standards in this section 9-4C-4, except that the maximum setback provisions shall not apply.
3. Design Guidelines: Accessory structures shall comply with the DBD design guidelines, as provided in section 9-4C-4-4 of this article.
4. Restrictions: A structure shall not be placed over an easement that prohibits such placement. No structure shall encroach into the public right of way.
5. Compliance With Subdivision Standards: The owner may be required to remove an accessory structure as a condition of land division approval, when removal of the structure is necessary to comply with setback standards.
D. Automobile Oriented Uses And Facilities: "Automobile oriented uses and facilities", as defined below, shall conform to all of the following standards in the downtown business district. The standards are intended to provide a vibrant storefront character, slow traffic down, and encourage walking.
1. Defined: "Automobile oriented uses and facilities" means any use or facility in which automobiles and/or other motor vehicles are an integral part of the use, except automobile service stations. These uses are restricted because, when unrestricted, they detract from the pedestrian friendly, storefront character of the district and can consume large amounts of land relative to other permitted uses. Automobile oriented uses and facilities shall include, but not be limited to, the following uses, and shall comply with the following standards:
a. Vehicle Repair, Sales, Rental, Storage, Service: Businesses that repair, sell, rent, store, or service automobiles, trucks, motorcycles, buses, recreational vehicles/boats, construction equipment, and similar vehicles and equipment are permitted when the use is contained within an enclosed building with a front yard not less than twenty feet (20') from a front yard line, twenty five feet (25') from a rear yard line, and five feet (5') from all side yard lines.
b. Drive-Up, Drive-In, And Drive-Through Facilities: Requirements for drive-up, drive-in, and drive-through facilities (e.g., associated with restaurants, banks, car washes, and similar uses):
(1) Principal buildings shall not be located less than twenty feet (20') from a front yard line, twenty five feet (25') from a rear yard line, and five feet (5') from all side yard lines.
(2) Pavement shall not be located less than five feet (5') from any property line abutting a right of way.
(3) A minimum of three (3) queuing spaces shall be provided for waiting automobiles in each drive-through traffic lane. A queuing space shall be a minimum of nineteen feet by nine feet (19' x 9'), and queuing spaces may be provided in a tandem arrangement.
(4) Drive-through lanes shall not obstruct or interfere with other traffic lanes or parking areas located on the zoning lot.
(5) Drive-up, drive-in, and drive-through uses shall not create traffic hazards or congestion on public streets or alleys.
c. Car Washes: In addition to any other conditions or limitations required by this chapter, car washes shall be subject to the following conditions and limitations:
(1) No car wash building or structure, driveway surface, parking area, advertising device or other similar site improvement, except driveways traversing a public road or boulevard, shall be located within one hundred feet (100') of any part of a residential district site.
(2) Each site shall have a minimum frontage of one hundred feet (100').
(3) Each site shall be permitted two (2) points of ingress and egress for every one hundred feet (100') of frontage, except that corner lots shall be permitted one point of ingress and egress for every one hundred feet (100') of frontage.
(4) Interior curbs of not less than six inches (6") shall be constructed to separate driving surfaces from sidewalks, landscaped areas, and street traveled ways.
(5) Interior drives, parking areas, and service stalls shall not be located closer than five feet (5') from a front lot line.
(6) Islands for sweeping and vacuuming equipment shall be set back not less than fifteen feet (15') from any street right of way and three feet (3') from any property line not abutting a street right of way.
(7) Three (3) queuing spaces for waiting vehicles shall be provided for each washing bay. A queuing space shall be a minimum of nineteen feet by nine feet (19' x 9') and such parking spaces may be provided in a tandem. (Ord. O-71-09, 12-14-2009)