1113.13 DEVELOPMENT STANDARDS FOR NEIGHBORHOOD COMMERCIAL (NC), COMMUNITY COMMERCIAL (CC) AND GENERAL COMMERCIAL (GC) ZONING DISTRICTS.
   (a)   Purpose and Intent.
      (1)   The purpose of these Development Standards is to regulate development of the Neighborhood Commercial (NC), Community Commercial (CC), and General Commercial (GC) Zoning Districts in order to protect and establish the unique architectural and aesthetic characteristics of the established commercial corridors.
      (2)   These Development Standards are intended to encourage pedestrian-friendly development. The development standards generally require full compliance for new construction, partial compliance for exterior building additions and alterations, and minimal or no compliance for routine maintenance and the replacement of in-kind materials.
   (b)    General Development Standards. The Development Standards and requirements apply as follows:
      (1)   Landscaping and screening shall comply with Section 1121.04.
      (2)   The construction and installation of all signs shall comply with Section 1121.06.
      (3)   A parking area layout shall be provided, indicating traffic flow patterns, ingress and egress, traffic control points, and number of spaces to be controlled on site. When ingress and egress points are located on side streets, they shall be staggered from the neighboring business.
      (4)   Storm Drainage Systems shall be indicated and outdoor trash container systems shall be specifically located on the development plan.
      (5)   The Architectural Board of Review, the Village Engineer, and the Village Code Enforcement Officer shall approve all Development Plans governed by these Development Standards prior to any permits, authorizing work to be started, are issued.
      (6)   Routine maintenance and in-kind replacement of materials are exempt from the standards and requirements of this chapter.
   (c)    Compatibility Standards. The following general compatibility standards shall apply: (Ord. 21-2011. Passed 10-10-11.)
      (1)    Building Orientation. A building's front façade shall include a pedestrian entrance. All building shall be oriented such that the primary entrance, or the appearance of the primary entrance, is visible from the street and the building maximizes its surroundings, such as street appeal, to capture a scenic view, for drainage considerations, etc., through the sizing, placement, and treatment of doors and windows. (Ord. 10-2020. Passed 7-13-20.)
      (2)   The orientation of all new primary structures, building additions, and accessory buildings must be consistent (Parallel or perpendicular) with primary structures on adjacent properties.
      (3)   New buildings that are significantly larger than the mean size of buildings having similar zoning or usage within the area should be designed to reflect the rhythm of those existing buildings. Building indentations, penetrations and façade treatments shall be used to complement nearby structures.
      (4)   Incorporate rhythm of doors, windows, porches, and other projections into new construction that is similar to that used in adjacent structures.
      (5)   Except for the Permitted Uses set forth in Sectioin 1113.07(b)(1)B., which are limited to no more than 4,000 square feet, no single structure shall exceed twenty thousand (20,000) square feet.
   (d)   Height. Other than a chimney, no portion of a building shall be higher than thirty-five (35) feet from the finished grade line of the lot.
   (e)    Definitions. The following definitions shall be used for interpretation of the requirements of this Chapter.
      (1)   Building Frontage: "Building frontage" means the side or façade of a building closest to and most nearly parallel to an abutting street.
      (2)   Building Frontage, Primary: "Primary building frontage" means a building frontage that abuts a street listed as a primary street in the applicable Thoroughfare Plan.
      (3)   Building Frontage, Secondary: "Secondary building frontage" means a building frontage that abuts an alley or a street not listed as a primary street in the applicable Thoroughfare Plan.
      (4)   Building Rear: "Building rear" means the wall or plane opposite the primary building frontage. For a building on a corner lot, the building rear is the wall or plane opposite the wall or plane containing the principal building entrance.
      (5)   Drive-thru: "Drive-thru" means a building or portion thereof that, by design, permits customers to receive goods or services while remaining in a motor vehicle.
      (6)   Parking Lot: "Parking lot" means any off-street public or private area, under or outside of a building or structure, designed and used for the temporary storage of motor vehicles.
      (7)   Principal Building: "Principal building" means a building in which the principal use of the property is conducted. All parcels containing at least one building shall be deemed to have a principal building. A parcel may contain more than one principal building.
      (8)   Public-Private Setback Zone: "Public-private setback zone" means an area between a principal building and a public street right-of-way line utilized for seating, outdoor dining, public art and/or other pedestrian amenities.
      (9)   Reconstruction: "Reconstruction" means the replacement or rebuilding of a building premises or structure.
      (10)   Setback: "Setback" means the distance between a lot line or right-of-way line and a building structure, defined outdoor area serving as the primary activity, parking lot, or vehicular circulation area.
   (f)    Site Requirements.  
      (1)   The following specific Site Requirements apply individually to each designated Zoning District:
         A.   Neighborhood Commercial District.
            1.   Minimum site area: 15,750 square feet. Site must be adequate to meet all yard and parking requirements
            2.   inimum site width: none except that all sites must abut a public street and have adequate width to meet the parking and yard space requirements.
         B.   Community Commercial District.
            1.   Minimum site area: 20,000 square feet. Site must be adequate to meet all yard and parking requirements
            2.   Minimum site width: None except that all sites must abut a public street and have adequate width to meet the parking and yard space requirements.
         C.   General Commercial District.
            1.   Minimum site area: None, except that lot size shall be adequate to meet all yard and parking requirements.
            2.   Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet the parking and yard space requirements.
      (2)   All of the following general Site Requirements apply to Neighborhood Commercial (NC), Community Commercial (CC), and General Commercial (GC) Zoning Districts:
         A.   The minimum front building setback is thirty-five (35) feet from all street right-of-way lines.
            1.   Planting of a least three street trees per 100 lineal feet of frontage of a minimum of three inch caliper and of a variety acceptable by the Village shall be installed within three feet of the street right -of way.
            2.   A six foot wide concrete sidewalk running the length of the property from side property line to side property line, to be located two feet inside of the edge of the front street easement
         B.   Minimum side yard building setback is fifteen (15) feet.
         C.   Minimum rear yard building setback is thirty-five (35) feet.
         D.   The minimum setback for fences and masonry or stone walls is zero (0) feet. (Ord. 21-2011. Passed 10-10-11.)
         E.   Maximum site coverage. All structures, pedestrian sidewalks, and parking areas shall not cover more than eighty percent (80%) of the site. (Ord. 10-2020. Passed 7-13-20.)
         F.   Parking areas shall be no closer to main structures than three feet and shall meet the required design specifications for parking lots. Parking areas adjacent to a residential district shall be screened with a landscape buffer to a minimum height of six feet and have a minimum year-round opacity of eighty percent (80%). If the property or parcel is an acre or less, a seven foot six inch (7' 6") wide landscape buffer will be required where it abuts a residential district. If the property or parcel is an acre or more, a fifteen (15) foot wide landscape buffer will be required where it abuts a residential district
Where the side yard faces another commercial lot, there shall be a three (3) foot wide landscape buffer from the lot line.
         G.   Up to fifty percent (50%) of the parking lot may be located at the side of the principal building.
   (g)    Design Standards.
      (1)   A primary building frontage shall incorporate at least one (1) main entrance door. At a building corner where two (2) primary building frontages meet, one (1) main entrance door may be located so as to meet the requirements for both building frontages.
      (2)   A building frontage that exceeds a width of fifty (50) feet shall include vertical piers or other vertical visual elements to break the plane of the building frontage. The vertical piers or vertical elements shall be spaced at intervals of fifteen (15) feet to thirty-five (35) feet along the entire building frontage.
      (3)   For each primary building frontage, at least forty (40) percent of the area between the height of two (2) feet and ten (10) feet above the nearest sidewalk grade shall be clear/non-tinted window glass permitting a view of the building's interior to a minimum depth of four (4) feet. For a secondary building frontage, the pattern of window glass shall continue from the primary frontage a minimum distance of ten (10) feet. (Ord. 21-2011. Passed 10-10-11.)
      (4)   The standards below apply to upper story windows. They recognize that regularly spaced upper story windows create a repeated pattern for unity and are an integral part of the building design. Upper story windows are generally smaller than store front windows at street level, are spaced at regular intervals and give scale and texture to the street edge formed by building facades.
         A.   For any new installation or replacement of upper story windows, the new/replacement windows must be clear non-tinted glass.
         B.   At least twenty-five percent (25%) of the second-floor building façade must be a window glass.
            (Ord. 10-2020. Passed 7-13-20.)
      (5)   All roof-mounted mechanical equipment shall be screened from the public view to the height of the equipment. The design, colors, and materials used in screening shall be architecturally compatible with the rooftop and the aesthetic character of the building. Exhaust fans must face away from residential areas.
      (6)   Dumpsters and all ground-mounted mechanical equipment shall be located at the rear of the building and screened from public view to the height of the dumpsters/equipment or a minimum of six (6) feet. Gates shall be required and shall be kept closed at all times.
      (7)   Ornamental fencing or any other fencing not used for screening, with or without masonry piers, shall be decorative and constructed of ornamental metal tubes or solid metal bars. Fences may not exceed a height of four (4) feet. Chain-link fences are not permitted.
      (8)   Masonry or stone walls may be used for screening, sitting, or used as independent architectural elements. Walls may not exceed a height of four (4) feet.
      (9)   Parking lots must be screened from all abutting public streets. Parking areas shall be screened from adjacent residential areas and public streets. Parking lot screening shall consist of either:
         A.   A four (4) foot high random horizontal solid coursed partially mortared stone wall with a stone capping. Materials to be used shall be limestone or sandstone. The minimum thickness of the wall shall be eighteen (18) inches not to exceed thirty six (36) inches. Piers shall be three (3) feet by three (3) feet not to exceed five (5) feet in height. Adequate footer construction per State
         B.   A four (4) foot high decorative metal tube or solid metal bar fence located at the street right-of-way line (property line), with or without masonry pier supports, with a minimum three (3) foot wide landscaped area along the parking lot side of the fence. Trees and shrubs must be maintained in good condition; dead material must be replaced within three (3) months. Chain-link fences are not permitted; or
         C.   A minimum 4-foot high, 3-foot wide continuous evergreen or deciduous hedge with low earth mounding. Hedge size at installation shall be at least 30 inches in height, or
         D.   A six (6) foot high wooden fence stained or painted a neutral, earth-tone color may be used for screening as long as the fencing is installed behind the front line of the building with a minimum three (3) foot wide landscaped area along the parking lot side of the fence. Trees and shrubs must be maintained in good condition; dead material must be replaced within three (3) months.
      (10)   On small commercial sites, such as homes converted to commercial uses and/or where only four (4) parking spaces are required, there shall be a maximum of one access drive with parking in the front and/or side, provided it meets the thirty-five (35) foot minimum setback requirement. (Ord. 21-2011. Passed 10-10-11.)
      (11)    Roof pitch, as part of the front façade, shall be at least 4:12 (four inches of rise for every 12 inches of length). A roof must be pitched or hipped, or given the appearance of being pitched or hipped, when viewed from the nearest road right-of-way.
      (12)    Building Materials and Colors. Building materials shall be wood frame, brick, stone or an acceptable material of the same look and color. A building's color shall be a rustic, muted color, or colors, that are harmonious with the surrounding structures and contribute to the country architecture of the Village.
         A sample materials board shall be submitted to, and approved by, the ABR as part of its site plan review. The sample board must clearly and accurately depict the color, material, design, and use of all exterior materials used in the plan. Any subsequent deviation from the approved material(s) and color(s) must receive ABR approval prior to being used. (Ord. 10-2020. Passed 7-13-20.)
      (13)   Roof materials shall be shake, such as an asphalt shingle or metal.
      (14)   Large shade trees should be placed closer to the street to avoid conflicts with the structure and to reinforce the street tree plantings in place and/or anticipated pursuant to the Village Thoroughfare and Street Detail Plans.
      (15)   Small ornamental trees should be used as accent plants and frame views to special architectural features. Ornamental trees shall not be placed in locations that would block a pedestrian's view of the structure from the street or impair visibility for automobile operators.
      (16)   Planting, mounding, and or fencing shall be incorporated at the rear of commercial area that are adjacent to residential areas. Screened planting shall be at eighty percent (80%) opacity and 6 feet above parking lot elevation at time of installation to be maintained in perpetuity at owner's expense.
      (17)   Unless otherwise approved on the development plan, minimum plant sizes at installation shall be as follows:
         Shade Trees - 3" Caliper, 12' - 14' height
         Ornamental Trees - 8" - 10" height
         Evergreen and Deciduous Shrubs - 24" height
         (Ord. 21-2011. Passed 10-10-11.)
      (18)   All lighting shall comply with Section 749.01 (Lighting).
         (Ord. 10-2020. Passed 7-13-20.)
      (19)   Residential buildings converted to commercial uses shall use residential-scale light fixtures.
      (20)   Four-sided architecture, including windows, doors, fenestrations, or other architectural features shall be utilized. (Ord. 06-2010. Passed 2-8-10.)
      (21)   One bench will be allowed between each side street in the Village where a sidewalk is installed and placed in a flat area. That this bench will be a wrought iron bench made by Fortin Iron Works with the Village of Shawnee Hills name and a feather on it as designed by Dan Fortin. The logo will be printed on two of the panels in the bench. A bicycle rack can be an option on this bench. See Exhibit A, attached to Ordinance 21-2011.
         (Ord. 21-2011. Passed 10-10-11.)
   (h)    Parking and Circulation. Parking access and vehicular circulation standards are as follows:
      (1)   Additional curb cuts along streets identified in the Commercial Area and Village Thoroughfare Plan will not be permitted unless the administration determines that a new curb cut is the only means available to provide vehicular access to the site and that the new location of the curb cuts meets the requirements of the Village Code.
      (2)   The required number of loading spaces may be eliminated at the discretion of the Village Administrator or his/her designee, with due consideration given to: frequency and time of deliveries; size and nature of vehicles accommodated by the loading spaces; the character of the neighborhood; and the impact upon adjoining streets.
   (i)    Variance. Variances from these Development Standards may be granted by the Board of Zoning Appeals pursuant to Section 1133.01 , et seq.
(Ord. 06-2010. Passed 2-8-10.)