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(A) General conditions.
(1) No adult-use cannabis business establishment shall be permitted.
(2) No short-term rental shall be permitted.
(B) Permitted uses. The following uses are permitted:
(1) Multiple-family dwellings and permitted accessory buildings and accessory uses, including temporary sales offices. Rental offices and property management offices shall be permitted as accessory uses if they are located within a multiple-family building, and common recreational and meeting areas shall be permitted as accessory uses for the sole use of residents and their guests, if they are located within a multiple-family building.
(2) Nonresidential uses permitted in the R-2 District.
(C) Special uses. The following uses may be allowed by special use in accordance with the provisions of § 156.022 of this code:
(1) Special uses permitted in an R-2 District.
(2) Senior citizen housing.
(3) Assisted living facilities.
(4) Nursing facilities.
(5) Retail uses, not including offices, on the ground floor of a multiple-family building, as follows:
(a) Barbershops.
(b) Beauty parlors.
(c) Book and stationery stores, excluding adult book stores.
(d) Candy and ice cream stores.
(e) Drug stores.
(f) Dry cleaning and laundry service, drop-off and pick-up only.
(g) Florist shops.
(h) Convenience food markets, meat markets, bakeries, and delicatessens.
(i) Card and gift shops.
(j) Package liquor stores.
(k) Restaurants, subject to approval of a site plan and floor plan, and evidence provided by the petitioner to show that building construction and venting of odor and smoke will be provided in a manner appropriate to the type of restaurant proposed and to a multiple-family, multiple use building.
(l) Tailor shops.
(6) Freestanding rental offices and property management offices accessory to multiple-family dwellings, and freestanding clubhouses and common recreational facilities accessory to multiple-family dwellings, for the sole use of residents and their guests.
(D) Minimum floor area. There shall be provided a minimum floor area as follows:
(1) For each dwelling unit in a multiple-family building, exclusive of common halls, stairways, or other common areas:
Rooms designated as a den, study, library or similar use shall be counted as a bedroom in computing the minimum floor area.
(2) No minimum floor area shall be required for a nonresidential building.
(E) Lot area and lot width. There shall be provided a minimum lot area and minimum lot width as follows:
(1) Not less than 20,000 square feet for each multiple-family residential building hereafter erected and a minimum lot width measured at the established building line of 100 feet, provided that minimum lot area shall be determined as follows:
(2) Not less than 20,000 square feet for each multiple-family residential building erected prior to 1993 and a minimum lot width measured at the established building line of 100 feet, provided that minimum lot area shall be determined as follows:
(3) As required in the R-1 District for permitted nonresidential uses.
(4) The area devoted to streets shall not be used in computing the lot area per dwelling unit.
(F) Yard areas. (See Appendices B and D of this chapter.) There shall be provided minimum yards as follows:
(1) Front yard:
(a) Multiple-family buildings:
1. Not less than 30 feet in depth on a subdivided lot, or along the exterior boundaries of a lot developed as a planned unit development. One additional foot in depth shall be provided for each two feet in height for a multiple-family building that is 35 feet to 50 feet in height, and a minimum front yard of not less than 50 feet in depth shall be provided for a multiple-family building that is over 50 feet in height, as permitted, by exception, in a planned unit development pursuant to § 156.025 of this code. A minimum front yard of not less than ten feet in depth shall be provided for paved area.
2. Not less than a 126 foot interval of separation between adjacent multiple-family buildings if the lot is not subdivided, which interval is consistent with the required interval of separation in a subdivision, based on a 66-foot right-of-way and a 30-foot front yard on either side. One additional foot shall be added to the interval of separation for each two feet in height for a multiple-family building that is 35 feet to 50 feet in height, and a minimum of a 50-feet interval of separation shall be provided for a multiple-family building that is over 50 feet in height, as permitted, by exception, in a planned unit development pursuant to § 156.025 of this code. A minimum interval of separation of not less than ten feet shall be provided between paved area and the front wall of the building and a paved area shall be permitted at or behind a line 43 feet from the center line of the street pavement. If the lot is not subdivided, the front yard shall be the yard between a street and the building.
(b) As required in the R-1 District for permitted nonresidential buildings.
(c) Visual environment. In order to conserve existing property values, to preserve the attractiveness of homes and home surroundings, to prevent erosion, to assist in stormwater and flood control, and to provide for clean air, required front yards shall be devoted primarily to landscaped area except for the necessary paving of driveways and sidewalks to reach parking in the side or rear yard. Landscaped areas shall mean that the area is primarily devoted to the growing of shrubbery, grass, and other plant material.
(2) Interior side yards:
(a) Multiple-family buildings:
1. Not less than 20 feet in depth on each side of a multiple-family building if the lot is subdivided, or along the exterior boundaries of a lot developed as a planned unit development. One additional foot in depth shall be provided for each one foot in height for a multiple-family building that is 35 feet to 50 feet in height. A minimum side yard of not less than five feet in depth shall be provided for paved area.
2. Not less than a 40-foot interval of separation between adjacent multiple-family buildings if the lot is not subdivided. One additional foot shall be added to the interval of separation for each one foot in height by which the building height exceeds 30 feet. A minimum interval of separation of not less than ten feet shall be provided between paved area and the side wall of a building. If the lot is not subdivided, the interior side yards shall be the yards between the front yard and the rear yard on either side of the building.
(b) As required in the R-1 District for permitted nonresidential buildings.
(3) Rear yard:
(a) Multiple-family buildings:
1. Not less than 30 feet in depth on a subdivided lot, or along the exterior boundaries of a lot developed as a planned unit development. One additional foot in depth shall be provided for each one foot in height for a multiple-family building that is 35 feet to 50 feet in height. A minimum rear yard of not less than five feet in depth shall be provided for paved area.
2. Not less than a 60-foot interval of separation between multiple-family buildings that are adjacent at the rear of each building if the lot is not subdivided. Not less than a 50-foot interval of separation between multiple-family buildings that are adjacent at the rear of one building and at the side of the other if the lot is not subdivided. One foot shall be added to the interval of separation for each one foot by which the building height exceeds 30 feet. A minimum interval of separation of not less than ten feet shall be provided between paved area and the rear wall of a building. If the lot is not subdivided, the rear yard shall be the yard opposite the street.
(b) As required fn the R-1 District for permitted nonresidential buildings.
(G) Maximum lot coverage. There shall be allowed a maximum lot coverage as follows:
(1) Subject to the applicable restrictions established in § 156.045(B) of this code for permitted obstructions in yards, not more than 70% of the net lot area may be occupied by a multiple-family building, combining building and pavement coverage, and including but not limited to streets, sidewalks, driveways, and parking lots, including aisles.
(2) As required in the R-1 District for permitted nonresidential buildings.
(H) Building height. There shall be allowed a maximum building height as follows:
(1) Not more than 50 feet in height for multiple-family buildings, except as permitted, by exception, in a planned unit development pursuant to § 156.025 of this code.
(2) As required in the R-1 District for permitted nonresidential buildings.
(I) Visual environment. In order to conserve existing property values, to preserve the attractiveness of homes and home surroundings, to prevent erosion, to assist in water and flood control, and to further provide for clean air, a sum of money, as set forth on the approved building permits, shall be budgeted and used by the owners to purchase, plant, and maintain mature sized trees, shrubbery, grass, and other suitable landscaping upon the grounds. Plans for the installation of such landscaping shall be subject to the approval of the Director of Community and Economic Development prior to the issuance of permits. No lighting on a residential zoning lot shall cause any glare or excessive light spillover onto any adjacent residential property from interior or exterior lighting. All exterior lighting fixtures shall be directed or shaded to avoid casting direct light upon any adjacent residential property or into any public streets or parks. In no case shall such lighting exceed two foot candles measured at any lot line.
(Ord. 06-10, passed 7-11-06; Am. Ord. 06-23, passed 11-14-06; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 22-02, passed 1-11-22; Am. Ord. 22-24, passed 8-23-22) Penalty, see §156.999
BUSINESS DISTRICTS
(A) General conditions.
(1) These regulations shall be applicable only to the lots located in this district on the east side of Summit Avenue in the city.
(2) No dwelling units shall be permitted.
(3) No Adult-Use Cannabis Business Establishment shall be permitted except as may otherwise be granted by a special use and only if located within the Adult-Use Cannabis Dispensary Overlay District.
(B) Permitted uses. The following uses are permitted:
(1) Above ground service facilities, but only in compliance with § 156.051.
(3) Antennas that are not satellite dish antennas and are attached to a building or structure, subject to all requirements and standards set forth in § 156.047(B)(6).
(4) Business, professional and medical offices, which shall include predominantly business and administrative offices such as insurance agents; professional offices such as attorneys, architects and professional engineers who require state licenses; and medical offices such as physicians, dentists, physical therapists, and other state-licensed health practitioners, with related pharmacy services, but excluding massage therapists.
(5) Signs as regulated in § 156.043.
(6) Studio for artist, sculptor or musician.
(7) Utility pedestals and vaults, telephone exchanges, sewage lift stations, electric substations and other similar public service or government uses.
(C) Special uses. The following uses may be allowed by a special use in accordance with the provisions of § 156.024:
(1) Adult-Use Cannabis Dispensary, but only if located within the Adult-Use Cannabis Dispensary Overlay District.
(2) Churches.
(3) Day care centers and preschools, with or without kindergartens.
(4) Freestanding antennas of any kind, subject to all requirements and standards set forth in § 156.047(B)(1) through (4).
(5) Planned unit developments on parcels of land not less than one acre in area; provided that all other requirements of § 156.025 shall be met.
(D) Floor area ratio. The floor area ratio shall not exceed 0.3.
(E) Lot area and width. The minimum lot area shall be not less than 15,000 square feet, and the minimum lot width shall be not less than 100 feet.
(G) Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained:
(1) Front yards. A minimum required front yard of not less than 15 feet in depth, including along the exterior boundaries of a lot developed as a planned unit development. Paved areas shall not be located closer than ten feet from the front lot line of the parcel, and no more than 25 feet shall be used for parking between the front lot line and the building.
(2) Side yards. A minimum required side yard on each side of the main building of not less than ten feet, including along the exterior boundaries of a lot developed as a planned unit development. Paved areas shall not be located closer than five feet from the side lot lines of the parcel, provided that paved areas adjacent to a residential district shall not be located closer than 20 feet from the side lot lines of the parcel.
(3) Rear yards. A minimum required rear yard of not less than 40 feet, including along the exterior boundaries of a lot developed as a planned unit development, except that a rear yard adjoining the business district boundary line, shall be not less than 30 feet. Paved areas shall not be located closer than five feet from the rear lot line of the parcel.
(4) A common access drive may serve as one-half of a side or rear yard requirement.
(H) Building height. Building height shall not exceed 25 feet.
(I) Maximum lot coverage. There shall be allowed a maximum lot coverage of not more than 70% occupied by permitted buildings, including accessory buildings, pavements, signs, driveways and walkways.
(J) Landscaping. In order to conserve existing property values, to preserve buildings and building surroundings, to prevent erosion, to assist in stormwater and flood control, and to provide for clean air, the landscaping requirements of § 156.049 shall be adhered to, and plans for the installation of such landscaping shall be provided to and approved by the Director of Community and Economic Development prior to the issuance of permits.
(K) Lighting adjacent to residential property. When a lot is adjacent to a residential district, any non-residential use of such lot shall not cause any glare or excessive light spillover onto the residential property from interior or exterior lighting or any operation performed therein. All exterior lighting fixtures shall be shaded to avoid casting direct light upon any residential property or into public streets or parks. Additionally, screening in the form of landscaping or of decorative fencing may be required to conceal the direct light of vehicle headlights from adjacent residential properties. In no case shall such lighting exceed two foot candles measured at any lot line.
(L) Nonconforming uses. Existing buildings, structures and uses in this district, which were constructed or established as part of a planned unit development or special use, including any variations or exceptions granted in conjunction therewith, or which were constructed in conformance with variations lawfully granted, shall not be deemed to be nonconforming buildings, structures and uses pursuant to § 156.041, and, in the event of destruction or damage of such a building or structure by fire or other casualty or act of God to the extent that the cost of restoration to the conditions prior to the fire or other casualty will exceed 50% of the total cost of reconstructing the entire building or structure, the subsequent building, structure or use shall not be required to conform to all regulations of this district so long as the subsequent building, structure or use is reconstructed and reestablished to conform to the approved planned unit development, special use, variations or exceptions, and the following shall also apply:
(1) A change in the use of land, a building or structure or any portion thereof to a synonymous use shall be allowed; provided, however, that if the synonymous use requires additional off-street parking pursuant to § 156.102, then the change to the synonymous use shall be allowed only if sufficient parking can be provided for such synonymous use;
(2) If a nonconforming building or structure is intentionally destroyed or demolished by the owner thereof, such building or structure and all uses located therein shall thereafter be required to conform to all regulations of this district; and
(3) If any use of land, a building or structure or any portion thereof is intentionally changed to a use that is consistent with the regulations of this district then in effect, such land, building or structure, or the portion thereof for which the use was changed, shall not thereafter be permitted to be used for any use that does not conform with all regulations of this district.
(Ord. 07-40, passed 3-25-08; Am. Ord. 07-51, passed 4-22-08; Am. Ord. 13-10, passed 2-12-13; Am. Ord. 13-11, passed 2-12-13; Am. Ord. 15-21, passed 3-10-15; Am. Ord. 19-30, passed 6-11-19; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999
(A) General conditions.
(1) No dwelling units shall be permitted.
(2) Except as may otherwise be granted by a special use, all business, service, repair or processing, storage or merchandise display shall be conducted within an enclosed building.
(3) No adult-use cannabis business establishment shall be permitted.
(B) Permitted uses. The following uses are permitted:
(1) Permitted uses allowed in a B-1 district.
(2) Related retail and service facilities within an office building, but limited to only 25% of the gross ground floor area of the building, excluding any adult bookstore. These facilities shall not have any signs or any exterior entrances or exits open to the general public.
(C) Special uses. The following uses may be allowed by a special use in accordance with the provisions of § 156.024.
(1) Those special uses permitted in a B-1 district.
(2) Unenclosed conduct of business, service, repair or processing, storage or merchandise display.
(3) Community center.
(D) Floor area ratio. The floor area ratio shall not exceed 0.5.
(E) Lot area and width. The minimum lot area shall be not less than 30,000 square feet, and the minimum lot width shall be not less than 100 feet.
(G) Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained:
(1) Front. yards. A minimum required front yard of not less than 30 feet in depth, including along the exterior boundaries of a lot developed as a planned unit development. Paved areas shall not be located closer than ten feet from the front lot line of the parcel.
(2) Side yards. A minimum required side yard on each side of the main building of not less than ten feet, including along the exterior boundaries of a lot developed as a planned unit development, except that when a lot is adjacent to a residential district, minimum side yards of 20 feet are required. Paved areas shall not be located closer than five feet from the side lot lines of the parcel, provided that paved areas adjacent to a residential district shall not be located closer than 20 feet from the side lot lines of the parcel.
(3) Rear yards. A minimum required rear yard of not less than 40 feet, including along the exterior boundaries of a lot developed as a planned unit development, except a rear yard adjoining a business district boundary line shall be not less than 30 feet. Paved areas shall not be located closer than five feet from the rear lot line of the parcel.
(4) A common access drive may serve as one-half of a side or rear yard requirement.
(H) Building height. Building height shall not exceed 40 feet.
(I) Landscaping. In order to conserve existing property values, to preserve the attractiveness of buildings and building surroundings, to prevent erosion, to assist in stormwater and flood control, and to provide for clean air, the landscaping requirements of § 156.049 shall be adhered to, and plans for the installation of such landscaping shall be provided to and approved by the Zoning Administrator prior to issuance of permits.
(J) Lighting adjacent to residential property. When a lot is adjacent to a residential district, any non-residential use of such property shall not cause any glare or excessive spillover light onto the residential property from interior or exterior lighting or any operation performed therein. All exterior lighting fixtures shall be shaded to avoid casting direct light upon any residential district or into public streets or parks. Additionally, screening in the front of landscaping or of decorative fencing shall be required to conceal the direct light of vehicle headlights from adjacent residential properties. In no case shall such lighting exceed two foot candles measured at any lot line.
(K) Nonconforming uses. As provided in § 156.085(L).
(Ord. 07-40, passed 3-25-08; Am. Ord. 13-10, passed 2-12-13; Am. Ord. 13-50, passed 10-22-13; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 22-01, passed 1-11-22) Penalty, see § 156.999
(A) General conditions.
(1) No dwelling units shall be permitted except in planned unit development.
(2) Except as may otherwise be granted by a special use, all business, service, repair or processing, storage or merchandise display shall be conducted wholly within an enclosed building.
(3) No adult-use cannabis business establishment shall be permitted except as may otherwise be granted by a special use and only if located within the Adult-Use Cannabis Dispensary Overlay District.
(B) Permitted uses. The following uses are permitted:
(1) Permitted uses allowed in a B-2 district, except that business or professional offices shall only be allowed above the first floor, unless a special use is granted.
(2) Antique shops.
(3) Art and school supply stores.
(4) Art galleries.
(5) Automobile parts sales stores.
(6) Bakery shops or shops selling similar commodities where the commodities may be produced on the premises; but all such production shall be either sold at retail on the premises or sold in stores owned and operated by the producing company.
(7) Banks, savings and loan associations, credit unions, or other financial institutions, as defined in the Illinois Banking Act (ILCS Ch. 205, Act 5, § 2), without drive-through windows.
(8) Barbershops.
(9) Bed, bath and kitchen shops.
(10) Beauty parlors and day spas.
(11) Beauty supply stores.
(12) Below grade storage of office files and office equipment not for sale, resale or lease.
(13) Bicycle sales, rental and repairs.
(14) Book and stationery stores, excluding adult book stores.
(15) Camera and photographic supply stores, excluding any adult bookstore.
(16) Card and gift shops.
(17) Candy, popcorn and ice cream stores.
(18) China and glassware stores.
(19) Clothing and costume rental shops.
(20) Clothing stores.
(21) Coin and philatelic stores.
(22) Convenience food markets, meat markets, bakeries and delicatessens.
(23) Curtain and drapery stores.
(24) Department stores.
(25) Drugstores.
(26) Dry cleaning and laundry receiving stations.
(27) Electronics and household appliance stores.
(28) Employment agencies, only above the first floor of a building unless a special use is granted.
(29) Equipment rentals, wholly enclosed, with no outdoor storage.
(30) Fabric stores and sewing machine sales and service stores, for the sale of household machines only.
(31) Flower shops.
(32) Flooring shops, including carpets, rugs, wood flooring, tile and linoleum.
(33) Furrier shops, including the incidental storage and conditioning of furs.
(34) Furniture stores, including upholstery when conducted as part of the retail operation and secondary to the principal use.
(35) Gift shops.
(36) Grocery stores.
(37) Hardware stores.
(38) Health clubs and gymnasiums.
(39) Health food stores.
(40) Hobby shops and retail sale of items to be assembled or used away from the premises.
(41) Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles when conducted as part of the retail operations.
(42) Jewelry stores, including watch repair.
(43) Laundry and/or dry cleaning, automatic, self-service types or hand.
(44) Leather goods and luggage stores.
(45) Locksmith shops.
(46) Massage establishments licensed under Chapter 119 of this Code.
(47) Medical offices only above the first floor of a building, unless a special use is granted, provided that medical offices shall also be permitted on the first floor if the building in which such offices are located is not less than 25% occupied by medical offices and physical, occupational and speech therapy, and if all parking requirements for medical offices and physical, occupational and speech therapy can be met on the lot.
(48) Music, game, video and DVD sales and rental, excluding any adult bookstore.
(49) Off-premises, free standing signs as regulated in § 156.043.
(50) Office supply stores, including sales and repairs of office equipment.
(51) Offices, business and professional.
(52) Optometrists, including production of lenses.
(53) Orthopedic and medical appliance stores.
(54) Outdoor dining with an area equal to or less than 25% of the indoor dining space, provided that a proposed area that is located adjacent to a residential district shall not be located within any required parking area or required yard.
(55) Outdoor video vending machines, as an accessory use to a retail building, subject to the following conditions:
(a) Any outdoor video vending machine shall be located immediately adjacent to a building wall, adjacent to an entrance or exit to a retail building.
(b) No more than one outdoor video vending machine shall be permitted on a single zoning lot.
(c) No advertising shall be permitted on the surface of any outdoor video vending machine other than advertising for the video vendor itself or for videos for rent from such machine.
(d) All outdoor video vending machines shall be maintained in excellent condition and appearance at all times, without any dents, faded or chipped paint, graffiti or other aesthetic flaws.
(56) Paint, glass, window, door, and wallpaper stores.
(57) Package liquor stores (Class B liquor license).
(58) Pet grooming.
(59) Pet shops, without boarding.
(60) Photography studios, including the development of film and pictures, when conducted as part of the retail business on premises.
(61) Physical, occupational and speech therapy, only above the first floor of a building, unless a special use is granted, provided that physical, occupational and speech therapy shall also be permitted on the first floor if the building in which such uses are located is not less than 25% occupied by medical offices and physical, occupational and speech therapy, and if all parking requirements for medical offices and physical, occupational and speech therapy can be met on the lot.
(62) Physical, occupational and speech therapy on the first floor of one-story office buildings.
(63) Picture framing when conducted for retail trade on the premises only.
(64) Post offices and mailing services.
(65) Printing and copying shops, including quick printing.
(66) Production and repair, limited to the following: art, needlework, clothing, custom manufacturing and alterations for retail only, jewelry from precious metals, watches, dentures and optical lenses.
(67) Resale stores.
(68) Restaurants, without drive-through windows, including banquet rooms.
(69) Sales and repair of musical instruments.
(70) Schools, music, dance or business.
(71) Shoe repair stores.
(72) Shoe stores.
(73) Shopping center.
(74) Sign shops.
(75) Sporting goods stores.
(76) Tailor shops.
(77) Temporary buildings for construction purposes for a period not to exceed the duration of such construction.
(78) Temporary open sales lots.
(79) Tobacco shops.
(80) Toy stores.
(81) Travel agencies, only above the first floor of a building unless a special use is granted.
(82) Utility pedestals and vaults, telephone exchanges, sewage lift stations, electric substations and other similar public service or government uses.
(83) Variety stores.
(84) Café. Video gaming permitted only if the premises is granted a video gaming license under Chapter 124 of the Code of Oakbrook Terrace, Illinois.
(C) Special uses. The following uses may be allowed by special use in accordance with the provisions § 156.024:
(1) Those special uses permitted in a B-2 district.
(2) Adult-use cannabis dispensary, but only if located within the Adult-Use Cannabis Dispensary Overlay District.
(3) Animal hospitals, excluding well animal boarding.
(4) Assisted living facility.
(5) Automobile service stations, including minor services customarily incidental and accessory thereto, facilities for chassis and gear lubrication, and vehicle washing (including vacuum stations and car washes); but not including the sale of vehicles new or used, provided that the following requirements are met:
(a) Unless otherwise provided by the City Council in an ordinance approving a special use under the standards of § 156.024(B), all yards shall comply with division (G) of this section.
(b) Any roof edge or eave of a canopy over a pump island shall be not less than ten feet from any lot line, and no canopy shall exceed 16 feet in height.
(c) Any gasoline pump island shall be not less than 15 feet from any lot line, and there shall be a separation for the passage of vehicles in drive aisles of not less than 29 feet between gasoline pumps or pump islands.
(d) Light automobile work may be performed; provided that no major repairs, spray paint operation or body or fender repair shall be permitted.
(e) No automobile service stations shall adjoin or abut a residential district.
(6) Banks, savings and loan associations, credit unions, or any other financial institution, as defined in the Illinois Banking Act (ILCS Ch. 205, Act 5, § 2), with drive through windows.
(7) Building material establishments for the sale of dimension lumber, millwork, cabinets, and other building materials; provided that no milling, planning, joining or manufacture of millwork shall be conducted on the premises.
(8) Car washes accessory to retail sales; provided that the following requirements are met:
(a) An accessory building housing a car wash shall not exceed 16 feet in height.
(b) Unless otherwise provided by the City Council in an ordinance approving a special use under the standards § 156.024(B), all yards shall comply with division (G) of this section.
(c) The accessory building area shall not exceed 1,200 square feet, provided that the City Council may approve an increase to 1,500 square feet as determined to be necessary to allow for equipment required for water conservation and recycling.
(d) No car wash shall adjoin or abut a residential district.
(9) Catering services, other than as part of a restaurant.
(10) Clubs and lodges, private, fraternal or religious, excluding any adult entertainment cabaret.
(11) Cocktail lounges that are not a part of a restaurant, excluding any adult entertainment cabaret.
(12) Contractors or construction businesses, such as air conditioning, building, concrete, electrical, masonry, painting, plumbing, refrigeration and roofing, but only on Roosevelt Road (IL-38).
(13) Employment agencies on the first floor.
(14) Equipment rentals with outdoor storage.
(15) Exterior sales, display and storage of merchandise, including greenhouses, when accessory to permitted enclosed hardware and lumberyard uses on the same zoning lot.
(16) Exterminators.
(17) Furniture repair and refinishing.
(18) Garden supply and feed stores.
(19) Greenhouses and nurseries.
(20) Hotels and motels serving transient guests; hotel apartments.
(21) Job printing shops and publishing establishments.
(22) Licensed off-track betting, intertrack wagering, sports wagering locations or facilities.
(23) Linen, towel, diaper and similar supply services.
(24) Machinery sales within a structure.
(25) Medical cannabis cultivation centers.
(26) Medical cannabis dispensing facilities.
(27) Medical offices on the first floor of a building, provided that a special use shall not be required if the building in which the medical office is located is not less than 25% occupied by medical offices and physical, occupational and speech therapy, and if all parking requirements for medical offices and physical, occupational and speech therapy can be met on the lot.
(28) Motor vehicle and equipment sales and service (to include motorcycles), but only on Roosevelt Road (IL-38).
(29) Offices, business and professional on the first floor.
(30) Open sales lots.
(31) Physical, occupational and speech therapy on the first floor of a building; provided that a special use shall not be required if the building in which physical, occupational and speech therapy is provided is not less than 25% occupied by medical offices and physical, occupational and speech therapy, and if all parking requirements for medical offices and physical, occupational and speech therapy can be met on the lot.
(32) Plumbing showrooms.
(33) Production and repair in excess of 2,000 square feet, limited to the following: art, needlework, clothing, shoes, custom manufacturing and alterations for retail only, jewelry from precious metals, watches, dentures and optical lenses, assembly of orthopedic and medical appliances.
(34) Recreational vehicle sales, but only on Roosevelt Road (IL-38).
(35) Research laboratories.
(36) Restaurants with drive-through windows.
(37) Service, cleaning or repair shops for personal household or garden equipment, including such shops where they are operated as accessory uses to other uses permitted by this section.
(38) Storage garages, overnight or more permanent, but not including auto wrecking yards, truck terminals, or motor-freight parking areas, but only on Roosevelt Road (IL-38) and IL-83.
(39) Travel agencies on the first floor.
(40) Unenclosed conduct of business, service, repair or processing, storage or merchandise display.
(41) Warehouse/distribution centers.
(42) Tutoring services (up to 2,000 square feet).
(43) Dog daycare, dog boarding, dog spa services, and dog grooming with an outdoor play area.
(44) Dental clinics (up to 6,000 square feet).
(45) Roof-mounted private solar collection panels.
(D) Floor area ratio. The floor area ratio shall not exceed 0.5 for retail uses and 0.8 for service uses and hotels. If a building has retail uses on the first floor, the overall floor area ratio shall not exceed 0.8. If the property has a special use for business, professional or medical office uses on the first floor, the overall floor area shall not exceed 0.8.
(E) Lot area. The minimum lot area shall be not less than 15,000 square feet.
(G) Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained:
(1) Front yards. A minimum required front yard of not less than 40 feet in depth, including along the exterior boundaries of a lot developed as a planned unit development. Paved areas shall not be located closer than ten feet from the front lot line of the parcel.
(2) Side yards. A minimum required side yard on each side of the main building of not less than ten feet, including along the exterior boundaries of a lot developed as a planned unit development, except that when a lot is adjacent to a residential district, a minimum side yard of 20 feet is required. Paved areas shall not be located closer than five feet to the side lot line of the parcel, provided that paved areas adjacent to a residential district shall not be located closer than 20 feet from the side lot line of the parcel.
(3) Rear yards. A minimum required rear yard of not less than 40 feet, including along the exterior boundaries of a lot developed as a planned unit development, except that a rear yard adjoining the business district boundary line shall be not less the 30 feet. Paved areas shall not be located closer than five feet from the rear lot line of the parcel.
(4) A common access drive may serve as one-half of a side or rear yard requirement.
(H) Building height. Building height shall not exceed 35 feet.
(I) Landscaping. In order to conserve existing property values, to preserve the attractiveness of buildings and building surroundings, to prevent erosion, to assist in stormwater and flood control, and to provide for clean air, the landscaping requirements of § 156.049 shall be adhered to, and plans for the installation of such landscaping shall be provided to and approved by the Director of Community and Economic Development prior to the issuance of permits.
(J) Lighting adjacent to residential property. When a lot is adjacent to a residential district any non-residential use of such property shall not cause any glare or excessive spillover of light onto the residential property from interior or exterior lighting or any operation performed therein. All exterior lighting fixtures shall be shaded to avoid casting direct light upon any residential property or into public streets or parks. Additionally, screening in the form of landscaping or of decorative fencing may be required to conceal the direct light of vehicle headlights from adjacent residential properties. In no case shall such lighting exceed two foot candles measured at any lot line.
(K) Nonconforming uses. As provided in § 156.085(L).
(L) Medical cannabis cultivation centers. In determining the compliance of a proposed medical cannabis cultivation center with § 156.024(C), the following components of the medical cannabis cultivation center shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of properties in the vicinity of the proposed use:
(1) The issuance or absence of issuance of a valid registration as a medical cannabis cultivation center by the Illinois Department of Agriculture to the proposed medical cannabis cultivation center.
(2) The existence, if any, of a medical cannabis cultivation center located within the Illinois State Police District within which the City of Oakbrook Terrace is located.
(3) The existence, if any, of a medical cannabis cultivation center located within the City of Oakbrook Terrace.
(4) Compliance by the medical cannabis cultivation center with the restrictions contained in § 156.087(M).
(M) Medical cannabis cultivation center restrictions.
(1) Compliance with state law mid regulations. Medical cannabis cultivation centers shall comply with the requirements of the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) and all regulations promulgated thereunder, as may be amended from time to time.
(2) Minimum distance from incompatible uses. No medical cannabis cultivation center shall be located, established, maintained, or operated on any lot that has a property line within 2,500 feet of the property line of any of the following uses;
(a) A pre-existing public or private preschool or elementary or secondary school;
(b) A pre-existing day care center, day care home, group day care home or part day child care facility; or
(c) A pre-existing area zoned for residential use.
(3) Measurement. For the purposes of this section, distances shall be measured linearly in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the medical cannabis cultivation center is located to the nearest point on a property line of a use listed in division (M)(2) above.
(4) Retail sales prohibited. Medical cannabis cultivation centers shall not conduct any retail sales.
(N) Medical cannabis dispensing facilities. In determining the compliance of a proposed medical cannabis dispensing facility with § 156.024(C), the following components of the medical cannabis dispensing facility, shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of properties in the vicinity of the proposed use:
(1) The issuance or absence of issuance of a valid registration as a medical cannabis dispensing facility by the Illinois Department of Financial and Professional Regulation to the proposed medical cannabis dispensing facility.
(2) The existing number of medical cannabis dispensing facilities, if any, located within the dispensing organization district within which the City of Oakbrook Terrace is located as established by the regulations of the Illinois Department of Financial and Professional Regulation.
(3) The existing number of medical cannabis dispensing facilities, if any, located within the City of Oakbrook Terrace.
(4) Compliance by the medical cannabis dispensing facility with the restrictions contained in division (O) below.
(O) Medical cannabis dispensing facility restrictions.
(1) Compliance with state law and regulations. Medical cannabis dispensing facilities shall comply with the requirements of the Compassionate Use of Medical Cannabis Pilot Program Act (Public Act 098-0122) and all regulations promulgated thereunder, as may be amended from time to time.
(2) Minimum distance from incompatible uses. No medical cannabis dispensing facility shall be located, established, maintained, or operated in a house, apartment or condominium or on any lot that has a property line within 1,000 feet of the property line of any of the following uses:
(a) A pre-existing public or private preschool or elementary or secondary school;
(b) A pre-existing day care center, day care home, group day care home or part day child care facility; or
(c) A pre-existing area zoned for residential use.
(3) Measurement. For the purposes of this section, distances shall be measured linearly in a straight line, without regard to intervening structures or objects, from the nearest point on the property line of the lot on which the medical cannabis dispensing facility is located to the nearest point on a property line of a use listed in division (O)(2) above.
(4) Hours of operation. Medical cannabis dispensing facilities shall only operate between the hours of 6:00 a.m. and 8:00 p.m.
(5) Drive-through windows. Medical cannabis dispensing facilities shall not dispense medical cannabis or other products through a.drive-through window.
(Ord. 07-40, passed 3-25-08; Am. Ord. 09-18, passed 10-27-09; Am. Ord. 10-45, passed 3-22-11; Am. Ord. 12-17, passed 3-27-12; Am. Ord. 13-10, passed 2-12-13; Am. ord. 13-11, passed 2-12-13; Am. Ord. 14-31, passed 6-10-14; Am. Ord. 15-18, passed 3-10-15; Am. Ord. 16-40, passed 10-11-16; Am. Ord. 17-33, passed 12-12-17; Am. Ord. 18-7, passed 1-23-18; Am. Ord. 18-41, passed 10-23-18; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 20-39, passed 10-13-20; Am. Ord. 21-02, passed 1-26-21; Am. Ord. 22-01, passed 1-11-22; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999
(A) General conditions.
(1) No dwelling units shall be permitted.
(2) Except as may otherwise be granted by special permit from the City Council, all business, service, repair or processing, storage or merchandise display shall be conducted within an enclosed building.
(3) No Adult-Use Cannabis Business Establishment shall be permitted.
(B) Permitted uses. The following uses are permitted:
(1) Accessory retail sales operations and display of merchandise produced on the premises.
(3) Antennas that are not satellite dish antennas and are attached to a building or structure, subject to all requirements and standards set forth in § 156.047(B)(6).
(4) Any establishment, the principal use of which is manufacturing, fabricating, processing, light assembly, storing, cleaning or servicing of materials, goods or products, for which operations are conducted within a completely enclosed building and conform with the performance standards and other applicable requirements of this section.
(5) Auditoriums.
(6) Business and professional offices, including corporate offices.
(7) Computer and/or data processing centers.
(8) Cultural facilities.
(9) Engineering and testing facilities.
(10) Production facilities for prototype products.
(11) Research laboratories.
(12) Showroom space.
(13) Signs as regulated in § 156.043.
(14) Utility pedestals and vaults, telephone exchanges, sewage lift stations, electric substations and other similar public service or government uses.
(15) Warehousing and distribution facilities within enclosed buildings; provided that at least 5% of the gross floor area is comprised of office space.
(C) Special uses. The following uses may be allowed by special use permit in accordance with the provisions of § 156.024:
(1) Day care centers and preschools, with or without kindergartens.
(2) Hotels and motels.
(3) Planned unit developments on parcels of land not less than one acre in area; provided that all other requirements of § 156.025 shall be met.
(4) Storage garages, overnight or more permanent, but not including auto wrecking yards, truck terminals or motor-freight parking areas, and only on Roosevelt Road (IL-3 8) and IL-83.
(5) Unenclosed conduct of business, service, repair or processing, storage or merchandise display.
(D) Floor area ratio. The floor area ratio shall not exceed 0.5, except that the floor area ratio for hotels shall not exceed 0.8.
(E) Lot area, width and depth. The minimum lot area shall be not less than 20,000 square feet. The minimum lot width shall be not less than 100 feet, and the minimum lot depth shall be not less than 150 feet.
(G) Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained:
(1) Front yards. A minimum required front yard of not less than 30 feet in depth, including along the exterior boundaries of a lot developed as a planned unit development. Paved areas shall not be located closer than ten feet from the front lot line.
(2) Side yards. A minimum required side yard on each side of the main building of not less than ten feet, including along the exterior boundaries of a lot developed as a planned unit development, except that when a lot is adjacent to a residential district, minimum side yards of 20 feet are required. Paved areas shall not be located closer than five feet from any side lot lines of the parcel; provided that paved areas adjacent to a residential district shall not be located closer than 20 feet from the side lot lines of the parcel.
(3) Rear yards. A minimum rear yard of not less than 40 feet, including along the exterior boundaries of a lot developed as a planned unit development, except a rear yard adjoining a business district boundary line shall be not less than 30 feet. Paved areas shall not be located closer than five feet from the rear lot line of the parcel.
(4) A common access drive may serve as one-half of a side or rear yard requirement.
(H) Building height. Building height shall not exceed 30 feet.
(I) Landscaping. In order to conserve existing property values, to preserve the attractiveness of buildings and building surroundings, to prevent erosion, to assist in stormwater and flood control, and to provide for clean air, the landscaping requirements of § 156.049 shall be adhered to, and plans for the installation of such landscaping shall be provided to and approved by the Director of Community and Economic Development prior to issuance of permits.
(J) Lighting adjacent to residential property. When a lot is adjacent to a residential district, any non-residential use of such property shall not cause any glare or excessive spillover of light onto the residential property from interior or exterior lighting or any operation performed therein. All exterior lighting fixtures shall be shaded to avoid casting direct light upon any residential district or into public streets or parks. Additionally, screening in the form of landscaping or of decorative fencing shall be required to conceal the direct light of vehicle headlights from adjacent residential properties. In no case shall such lighting exceed two foot candles measured at any lot line.
(K) Performance standards. The following standards shall be met for all permitted or special uses:
(1) No dispensing of gasoline from underground storage tanks shall be permitted on the premises, except as necessary to the conduct of a permitted or special use.
(2) No service and maintenance of vehicles shall be permitted on the premises, except as necessary to the conduct of a permitted or special use.
(L) Non-conforming uses. As provided in § 156.085(L).
(Ord. 07-40, passed 3-25-08; Am. Ord. 13-10, passed 2-12-13; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999
(A) General conditions.
(1) No dwelling units shall be permitted.
(2) Except as may otherwise be granted by a special use, all business, service, repair or processing, storage or merchandise display shall be conducted wholly within an enclosed building.
(3) No Adult-Use Cannabis Business Establishment shall be permitted.
(B) Permitted uses. The following uses are permitted:
(1) Permitted uses allowed in a B-l district.
(2) Adult-uses, as defined; provided that:
(a) No adult-use shall be located on any parcel that is less than five acres in area;
(b) Any building in which an adult-use is operated shall be located not less than 300 feet from any preexisting park, as measured along a straight line, without regard to intervening structures or objects, from the nearest building line of the adult-use to the nearest property line of such preexisting park;
(c) Any building in which an adult-use is operated shall be located not less than 300 feet from any public or private school building, building used as a place of worship, single-family or multiple-family residential building, or building in which a preexisting other adult-use is operated, as measured along a straight line, without regard to intervening structures or objects, from the nearest building line of the adult-use to the nearest building line of any such building;
(d) No freestanding or monument sign related to or identifying the business of the adult-use shall be located more than 50 feet from a wall of the building in which such use is operated.
(3) Bowling alleys.
(4) Clubs and lodges - private, fraternal or religious.
(5) Convention centers.
(6) Dance halls.
(7) Dinner playhouses, which may include theaters, restaurants, cocktail lounges, convention and conference centers and dwelling units for the use of leading performers and managerial personnel, provided the dwelling units are not for sale, lease or rent to the public.
(8) General business offices.
(9) Golf driving ranges.
(10) Gymnasiums.
(11) Hotels.
(12) Indoor theaters.
(13) Massage establishments licensed under Chapter 119 of this code.
(14) Miniature golf courses.
(15) Public meeting halls.
(16) Skating rinks.
(17) Snack bars when operated as an accessory use to permitted or special uses in the B-5 District.
(18) Swimming pools.
(C) Special uses. The following uses may be allowed by a special use in accordance with the provisions of § 156.024.
(1) Amusement parks.
(2) Archery ranges.
(3) Water slides.
(4) Freestanding antennas of any kind, subject to all requirements and standards set forth in § 156.047(B)(1) through (4).
(5) Planned unit developments on parcels of land not less than one acre in area; provided that all other requirements of § 156.025 shall be met.
(6) Unenclosed conduct of service, repair or processing, storage or merchandise display.
(7) Open sales lots.
(D) Floor area ratio. The floor area ratio shall not exceed 1.2.
(E) Lot area. The minimum lot area shall be not less than one acre.
(G) Yard areas. No building or structure shall be erected or enlarged unless the following yards are provided and maintained:
(1) Front yards. A minimum required front yard of not less than 30 feet in depth, including along the exterior boundaries of a lot developed as a planned unit development. Paved areas shall not be located closer than ten feet from the front lot line of the parcel.
(2) Side yards. A minimum required side yard on each side of the main building of not less than ten feet, including along the exterior boundaries of a lot developed as a planned unit development, except that when a lot is adjacent to a residential district, a minimum side yard of 20 feet is required. Paved areas shall not be located closer than five feet from the side lot line of the parcel, provided that paved areas adjacent to a residential district shall not be located closer than 20 feet from the side lot line of the parcel.
(3) Rear yards. A minimum required rear yard of not less than 25 feet, including along the exterior boundaries of a lot developed as a planned unit development, except that a rear yard adjoining the business district boundary line, shall be not less than 40 feet. Paved areas shall not be located closer than five feet from the rear lot line of the parcel.
(4) A common access drive may serve as one-half of a side or rear yard requirement.
(H) Building height. Building height shall not exceed 35 feet, as measured from the curb line.
(I) Landscaping. In order to conserve existing property values, to preserve the attractiveness of buildings and building surroundings, to prevent erosion, to assist in stormwater and flood control, and to further provide for clean air, the landscaping requirements of § 156.049 shall be adhered to, and plans for the installation of such landscaping shall be provided to and approved by the Director of Community and Economic Development prior to issuance of permits.
(J) Lighting adjacent to residential property. When a lot is adjacent to a residential district, any non-residential use of such property shall not cause any glare or excessive spillover of light onto the residential property from interior or exterior lighting or any operation performed therein. All exterior lighting fixtures shall be shaded to avoid casting direct light upon any residential district or into public streets or parks. Additionally, screening in the form of landscaping or of decorative fencing may be required to conceal the direct light of vehicle headlights from adjacent residential properties. In no case shall such lighting exceed two foot candles measured at any lot line.
(K) Nonconforming uses. As provided in § 156.085(L).
(Ord. 07-40, passed 3-25-08; Am. Ord. 13-11, passed 2-12-13; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 22-24, passed 8-23-22) Penalty, see § 156.999
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