(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JOINT PARKING; JOINT PARKING FACILITIES. The sharing of a given parking facility by buildings, structures and land uses that generate different, and noncompeting, peak parking time demands, such as entertainment and office uses.
PEDESTRIAN FRIENDLY ENVIRONMENT. An environment that promotes pedestrian interaction by emphasizing connectivity through walking and biking paths as well as visually interesting buildings, designs and amenities.
SHORT-TERM RENTAL. A single-family dwelling, or a residential dwelling unit in a multi-unit structure, condominium, cooperative, timeshare or similar joint property ownership arrangement that is rented for a fee for less than 28 consecutive days. "Short-term rental" includes vacation rentals. "Short-term rental" does not include: (a) a dwelling that is used for any non-residential purpose, including educational, health care, retail, restaurant, banquet space, event center or other similar uses; (b) a bed and breakfast establishment as defined in Section 2 of the Bed and Breakfast Act; or (c) transient accommodations, including hotels and motels that are not classified as residential property for real property taxation purposes.
UNIT 5 AREA DISTRICT. The Unit 5 Area M-U Mixed Use Zoning District.
UNIT 5 AREA PLAN. An amendment to the city's comprehensive plan for the Unit 5 Planning Area, as defined, as amended from time to time.
UNIT 5 PLANNING AREA. The land area defined as the Unit 5 Planning Area in the Unit 5 Area Plan, as defined, and illustrated on Figure 8 therein.
(B) Purposes. The purposes of the Unit 5 Area District are the following:
(1) Improve the overall safety and well being of residents, businesses and visitors to the city;
(2) Improve vehicular and pedestrian circulation within and around the Unit 5 Planning Area;
(3) Improve vehicular and pedestrian access to and from the Unit 5 Planning Area;
(4) Reflect current market conditions and realistic development expectations;
(5) Provide for a high quality mixed use development, in terms of type and density, featuring commercial and housing uses;
(6) Ensure that new development is compatible with existing development and projected development, and redevelopment within the city;
(7) Establish a pedestrian friendly environment, featuring a pedestrian oriented focal point and the provision and preservation of open space;
(8) Buffer adjacent residential areas from commercial development;
(9) Improve the supply and quality of potable water service and other municipal services within the Unit 5 Planning Area;
(10) Ensure compliance with stormwater management objectives of the city and other governmental agencies through the DuPage County Development Department.
(C) Area included; subdistrict boundaries.
(1) The area subject to the Unit 5 Area District shall include any territory that is within the corporate boundaries of the city as of September 1,2003, and is also within the Unit 5 Planning Area, as defined. It is intended that any territory within the Unit 5 Planning Area that is annexed to the city thereafter shall be classified in a zoning district according to the provisions of this chapter.
(2) The Unit 5 Area District is comprised of the following three subdistricts as illustrated on Figure 8 in the Unit Five Planning Area in the city's comprehensive plan, as amended:
(a) Planned residential subdistrict. This subdistrict is generally located north of Royce Boulevard/Terrace Boulevard. The intent of this subdistrict is to provide for single-family attached and detached residences at an overall gross density of no more than seven dwelling units per acre. Other appropriate uses may include parks and open space, and public utilities.
(b) Planned multi-family residential subdistrict. This subdistrict is generally located southeast of the current east end of 18th Street. The intent of this subdistrict is to provide for multiple-family residential units. Other appropriate uses may include public utilities.
(c) Commercial subdistrict. This subdistrict is divided into two parts, which are generally located along Meyers Road and along Butterfield Road. The intent of this subdistrict is to provide for the development of commercial retail and entertainment uses on vacant and accessible parcels within the Unit 5 Area that are not adjacent to existing and proposed single-family residential areas. Mixed use, multiple-family residential, assisted living facilities, or other restricted senior care developments may also be appropriate for at least one of these parcels, along Meyers Road, in the discretion of the City Council.
(D) General conditions.
(1) No adult-use cannabis business establishment shall be permitted.
(2) No short-term rental shall be permitted.
(E) Permitted uses. Uses permitted in the Unit 5 Area District and its subdistricts shall be in accordance with the Unit 5 Area Plan, and in accordance with the permitted and special uses in the residential or commercial zoning district most comparable to the uses identified for the specific subdistrict in the Unit 5 Area Plan, to the extent that such uses do not conflict with the Unit 5 Area Plan.
(F) Development criteria. The development criteria for designing and reviewing commercial and residential developments in the Unit 5 Area District, including building scale and proportion, building placement and orientation, building materials and color, building lighting, parking structures and lots, joint parking facilities, landscaping and site improvements, signs; and public improvements, including streets, sidewalks, landscaping on private property and public rights-of-way, lighting, public signage, parks and open space, and public utilities, shall be consistent with the meaning and intent of the "Design and Development Guidelines" set forth in Section 8 of the Unit 5 Area: Plan. To the extent possible within such Design and Development Guidelines, regulations, including permitted uses, bulk regulations, sign regulations, parking requirements, and landscaping shall be consistent with the requirements for the residential or commercial zoning district most comparable to the specific subdistrict in the Unit 5 Area Plan.
(G) Requirements for public improvements.
(1) Due to the unique nature of the traffic and circulation pattern in the Unit 5 Area District, developers and property owners shall be required to construct certain roadway improvements and connections to and from private and public streets and rights-of-way in accordance with "Section 7: Improvement and Development Recommendations" which contains "Figure 8: Unit 5 Area Plan" in the Unit 5 Area Plan, and at the direction of the city.
(2) Due to the reconstruction of 16th Street, between Ardmore Avenue and Michigan Avenue immediately adjacent to the Unit 5 Area District, developers and property owners will be required to contribute to the recapture of certain roadway improvement costs in accordance with calculations and cost shares prepared by and at the direction of the city in accordance with law.
(3) Due to the unique nature of the potable water and sewer collection needs in the Unit 5 Area District, developers and property owners shall be required to construct certain water distribution and storage improvements and sewer collection improvements in accordance with the water utility planning of the city and the sewer utility planning of the sanitary district, and to pay certain connection costs in accordance with calculations prepared by and at the direction of the city and sanitary district in accordance with law.
(H) Nonconforming uses. Existing buildings, structures and uses in the Unit 5 Area District, which were constructed as part of a planned unit development or special use, including, any variations granted in conjunction therewith, shall not be deemed nonconforming buildings, structures and uses pursuant to § 156.041 of this Code 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 use shall not be required to conform to all regulations of the Unit 5 District; provided, that if a nonconforming building or structure is intentionally destroyed or demolished by the owner thereof, any new building or structure constructed on the same property shall be required to conform to all regulations of the Unit 5 District.
(I) Procedures.
(1) The map amendment that will reclassify all current and future parcels of land in the Unit 5 Area District shall be approved in accordance with the requirements of § 156.020 of this chapter for a change to the classification of property.
(2) Prior to any development of any or all parcels or parts thereof within the Unit 5 Area District, a site plan shall be submitted for the review of the planning and zoning commission. In reviewing any such site plan, the Planning and Zoning Commission shall consider the purposes of the Unit 5 Area District, the permitted uses and development criteria in the Unit 5 Planning Area, and the required public improvements as provided in this section, and shall make a recommendation to the City Council concerning such plan, including any recommendations for conditions or restrictions on development. After receiving the recommendation of the planning and zoning commission, the City Council shall approve the site plan by ordinance or deny approval thereof. In considering any such site plan, the Planning and Zoning Commission may recommend and the City Council may approve exceptions from the otherwise applicable bulk and other regulations of the zoning ordinance to the extent that the City Council determines that approving any such exceptions will further the goals of the Unit 5 Area District and the Unit 5 Area Plan. Such exceptions shall be specifically identified and approved in any ordinance approving a proposed site plan.
(3) No site plan which has been denied approval by the City Council shall be resubmitted for a period of one year from the date of such denial, except upon proof of changed conditions found to be valid by the City Council, in which case the site plan will again be reviewed by the Planning and Zoning Commission prior to any further action by the City Council.
(4) Unless the City Council extends the site plan approval, if no construction has been started within one year after the date of approval of any site plan, the site plan and any building permits issued thereunder shall be deemed null and void, and no proposed development shall be initiated unless a site plan is resubmitted for review by the Planning and Zoning Commission and consideration by the City Council.
(Ord. 03-37, passed 11-25-03; Am. Ord. 19-53, passed 11-12-19; Am. Ord. 22-02, passed 1-11-22)