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Subdivision sales offices are permitted in conjunction with the sale of new residential development; provided that:
(A) Sales personnel activities in that office is limited to sales within that development;
(B) The office space and function is limited solely to sales activity resulting from that development; and
(C) The sales office is not used for the purpose of subdivision planning, development, management or operation or any activity unrelated to subdivision sales of that development.
(A) No swimming pool, whether public or private, shall be located in any front or side yard or closer than six feet to any side or rear lot line. This distance shall supercede any smaller setbacks of § 151.047.
(B) Every person owning land on which there is situated a swimming pool, which contains 24 inches (610 mm) or more of water in depth at any point, shall erect and maintain thereon an adequate enclosure either surrounding the property or pool area, sufficient to make the body of water inaccessible to small children. The enclosure, including gates therein, shall be not less than four feet (1,219 mm) above the underlying ground. Where the top of the pool structure is above the underlying ground level, such as an above-ground pool, the barrier shall be at finished ground level, such as the pool structure, or shall be mounted on top of the pool structure. Where the barrier is mounted on the pool structure, the opening between the top surface of the pool frame and the bottom of the barrier shall not allow passage of a four-inch (102 mm) diameter sphere. The barrier, if mounted on the pool structure, shall be at least 48 inches above the pool structure. All gates shall be self-latching with latches placed four feet (1,219 mm) above the underlying ground and otherwise made inaccessible from the outside to small children.
(C) The above are in addition to the requirements of the current B.O.C.A. Code.
Adult uses listed as special uses in an I-1 Zone District, other than adult-use cannabis business establishments, shall meet the following performance standards.
(A) No adult use may be closer than 2,500 feet to any residentially-zoned district or to another adult use.
(B) No adult use may be closer than 2,500 feet to a school, public or private, public parks, churches, synagogue and other places of worship or recreational uses or areas where minors congregate, such as, little league ball fields.
(C) Entrance areas, including lobbies shall be designed to minimize obstruction of sidewalks during operating hours.
(D) No sign or other structure shall be placed, erected or used on the premises except in conformity with the approval of the village staff, nor shall the building be painted or decorated in garish colors or such other fashion as will effectuate the same purpose as a sign.
(E) Advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas public or semi-public.
(F) All building openings, entries and windows, for adult uses shall be located, covered or screened in such a manner as to prevent a view into the interior from any public or semi-public area; and for new construction, and wherever else it is considered feasible by the village staff, the building shall be oriented so as to minimize any possibility of viewing the interior from public or semi-public areas.
(G) No loudspeakers or sound equipment shall be used for adult uses that can be discerned by the public from public and/or semi-public areas.
(H) Off-street parking shall be provided as required by this Code and/or by the village staff for a similar use if the adult use is not specifically listed in the parking requirements of the Code.
(I) No alcoholic beverages shall be sold or consumed by anyone on adult use premises.
(Am. Ord. 2020-03-02B, passed 3-2-2020)
(A) (1) This section only applies to buildings on lots platted on a final plat recorded at the Recorder's Office of St. Clair County on or before 7-7-2003.
(2) The restrictions of this section, where different from other sections of the Development Code, shall apply to all uniplex structures:
(a) Minimum lot size: Determined by existing platted lot;
(b) Minimum setbacks: From party wall lot line: None;
(c) Each side of uniplex shall have separate utility connections including sanitary sewer;
(d) Parting wall between uniplex sides shall conform to all structural and fire codes and be at least eight inches below earth grade in crawl space; and
(e) As built survey and legal description required prior to recording.
(3) A common wall maintenance agreement recorded at the Recorder's Office of St. Clair County and then filed with the Village Clerk.
(B) (1) This section only applies to buildings on lots platted on a Final Plat recorded at the Recorder's Office of St. Clair County after 7-7-2003 that are in a Multi-Family Residential (MR) Zone District.
(2) Uniplexes are only permitted in a MR Zone District for lots referenced above.
(3) The restrictions of this section where different from other sections of the Development Code shall apply to all uniplex structures.
(a) Minimum lot size:
1. Lot area: 5,625 square feet;
2. Lot width: 45 feet; and
3. Lot depth: 125 feet.
(b) Minimum setbacks: From party wall lot line: None. All other setbacks of the MR Zone are to apply.
(c) Each side of uniplex shall have separate utility connections including sanitary sewer.
(d) Parting wall between uniplex sides shall conform to all structural and fire codes and be at least eight inches below earth grade in crawl space. Parting walls to be concrete block or poured concrete from eight inches below grade to bottom of subfloor.
(e) As built survey and legal description required prior to recording.
(f) A common wall maintenance agreement recorded at the Recorder's Office of St. Clair County and then filed with the Village Clerk.
(A) Where applicable. The provisions of this section shall apply only to developments along Illinois State Route 158 (Air Mobility Drive), Illinois State Route 161, Frank Scott Parkway, Green Mount Road, Hartman Lane, Thouvenot Lane, Lebanon Avenue, Cross Street and Maple Street.
(B) Definition. For the purpose of this section, the following definition applies unless the context clearly indicates or requires a different meaning.
MOTOR VEHICLE ORIENTED BUSINESS (MVOB). Any commercial use which, by design, type of operation, and nature of business, has as one of its functions, the provisions of goods, merchandise or services to motorists or occupants of motor vehicles in a short time span for each, or the provision of goods, merchandise or services to the occupants of the motor vehicles while they remain in the vehicle. The list of businesses which constitute motor vehicle oriented businesses include convenience stores having a gross floor area of more than 1,000 square feet, gasoline service stations having convenience store facilities with a gross floor area of more than 1,000 square feet, drive-in banks, drive-in or drive-through restaurants, drive in beverage sales and car wash operations which are not accessory to an allowable use. This enumeration is not intended as an inclusive list of the businesses.
(C) Where permitted. A motor vehicle oriented business may only be permitted as a special use permit in the B-2, B-3 or B-4 districts or in the PB districts. When approved as a special use permit, the MVOB must comply with all applicable requirements of the Development Code, when approved in a PB district, the MVOB must comply with all applicable regulations of §§ 151.450 through 151.461.
(D) Locational requirements. All motor vehicle oriented businesses must be a minimum of 100 feet from any other motor vehicle oriented business located on the same side of any route or street listed in division (A) above.
(1) The distance shall be measured between the two closest property lines.
(2) Where a motor vehicle oriented business is a part of a larger development, the 100 feet shall be measured from the limits of the out parcel (if so designated). If an out parcel is not designated, the distance shall be measured from the boundary of an area which would normally be required for the operation of the motor vehicle oriented business as approved by the Village Board.
(3) Where a business is located in a tenant space that is part of the principal structure(s) of a strip shopping center development, and would otherwise be considered a motor vehicle oriented business, the provisions of this section shall not apply so long as the proposed business shall not provide drive-through window or drive-in service to persons while in their vehicles.
(E) Site design standards. The following site design standards shall be met for all motor vehicle oriented businesses:
(1) Minimum lot area: 20,000 square feet;
(2) Minimum lot frontage: 150 feet (on corners, the frontage requirements shall apply to both sides);
(3) Lot area per pump island for gasoline service stations: Gasoline service stations constituting motor vehicle oriented businesses shall be limited to two service islands and three gasoline pumps per island for the minimum size lot. One service bay and three pumps may be added for each 1,000 square feet of site area exceeding the minimum; however, in no case shall more than six service islands be allowed at any gasoline service station, nor more than three pumps permitted on each island, and no more than three service bays shall be allowed for each such station.
(a) For lot sizes from the minimum size of 20,000 square feet to 40,000 square feet, see above.
(b) For lot sizes exceeding 40,000 square feet a maximum of ten service islands with two pumps per island and four service bays will be allowed.
(c) A traffic study shall be required for all automotive service stations or convenience stores. The cost of the study is to be borne by the applicant. The traffic study shall address potential external and internal traffic concerns and the development plan shall not be approved unless all traffic concerns are adequately addressed to promote safety and reasonable traffic flow.
(4) Setbacks: From public streets and property lines shall be as follows:
(a) Front yard: There shall be a front yard having a depth of not less than 30 feet. Where a lot is located at the intersection of two or more streets, the front yard requirements shall apply to each street. No accessory building, service islands and other service or pick-up facilities shall project beyond the front building setback line;
(b) Side yard: There shall be a side yard on each side of the building of not less than ten feet. Side yard requirements shall be 50 feet where abutting any residential district; and
(c) Rear yard: There shall be a rear yard having a depth of not less than 25 feet. Rear yard requirements shall be 50 feet where abutting any residential district.
(F) Used oil storage. All used oils and other similar materials and products shall be stored only in underground or inside areas.
(G) Vehicular areas.
(1) The entire area used by vehicles for parking, storage and service and the like shall be paved with asphaltic concrete or concrete.
(2) A raised concrete curb shall be placed at the edge of all pavement. This curb to be at least six inches above the pavement surface and be either concrete curb and gutter or barrier curb per I.D.O.T. standards.
(3) All hydraulic hoists, pits, lubrication, washing, repair and service not of an emergency nature or unusual short-term minor work shall be conducted entirely within a building.
(H) Ingress and egress.
(1) The minimum width of driveways at the property line shall be 24 feet and the maximum shall be 36 feet.
(2) The minimum distance of any driveway to any side property line shall be 24 feet. This distance shall be measured from the side property line to the intersection of the street right-of-way and the edge of the driveway.
(3) Driveway openings shall be limited to one drive per 200 feet of lot frontage. For parcels with frontage on more than one street, the number of driveway openings shall be based on the frontage length on each street individually. However, the number of entrances so allowed must be divided equally on the fronting streets.
(4) The minimum distance of a driveway into the site from a street intersection shall be 30 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius of the proposed driveway.
(5) The angle of driveway intersection with the street shall be based upon reasonable criteria for safe traffic movements and shall be approved by village staff.
(6) Motor vehicle oriented businesses adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
(I) Screening. All motor vehicle oriented businesses shall provide for screening and buffer areas in a manner which conforms with the regulations set forth in § 151.186, relative thereto, and all other applicable ordinances of the village.
(J) Landscaping and open space. The development of the site and building shall comply with all standards and requirements of this section and § 151.186.
(K) Lighting. The development of the site and building(s) shall comply with all standards and requirements of § 151.186.
(L) Parking. All motor vehicle oriented businesses shall provide for off street parking in a manner which conforms with the regulations set forth in this subchapter and all other applicable ordinances of the village.
(M) Signs. All signs on the site shall conform to the applicable regulations.
(N) Storage of merchandise. All merchandise and material for sale and all vending machines shall be displayed within an enclosed building, except for the following: Oil for use in motor vehicles may be displayed or sold from an appropriate rack or compartment at the gasoline station pump islands for the convenience of the customer and station attendant.
(O) Storage of flammable materials. Flammable materials used in the conduct of motor vehicle oriented businesses, when stored above grounds shall be stored within the building setback lines. All storage of flammable materials shall be subject to the approval of the Fire Marshal.
(P) Other conditions. The Planning Commission may recommend, and the Village Board may require, provisions for other conditions that will tend to eliminate or reduce public nuisances caused by noise, heat, odors, smoke, dust, vibration, glare, flooding and traffic congestion and promote the purpose of this section.
(Q) Building and structures compatibility. All proposed motor vehicle oriented businesses' buildings and structures shall be designed and planned to take advantage of and be compatible with natural features of the site and area, and shall not be in conflict with the character of existing structures in areas where a definite pattern or style has been established.
(R) Vacant motor vehicle oriented businesses' buildings. When a motor vehicle oriented businesses' building becomes vacant for a period exceed one year, the property owner shall be required to remove or treat in a safe manner approved by the village staff all flammable materials, storage tanks or storage areas.
(S) Termination of lapse of a special use permit.
(1) When a motor vehicle oriented businesses' special use permit is authorized by the Village Board, the continuation of the use shall be dependent upon the conditions established under the permit and this section; and, in the event of a change of conditions or noncompliance with conditions, the Village Board shall have the authority to revoke the special use permit after affording the permittee the right to be heard.
(2) When a motor vehicle oriented businesses' building becomes vacant and its special use permit not utilized for a period of one year, the permit shall lapse.
(T) Nonconforming motor vehicle oriented businesses. Existing motor vehicle oriented businesses which do not comply with the regulations and conditions of this section shall be considered to be nonconforming and allowed to continue; however, all nonconforming motor vehicle oriented businesses shall comply with the following requirements within one year after written notification by the village staff of items which must be corrected.
(1) Whenever a motor vehicle oriented business is located adjacent to a residential district or residential use on the ground floor, appropriate screening, as provided for herein shall be installed.
(2) All exterior lighting shall conform to the lighting requirements in this section.
(3) All trash storage areas shall provide suitable storage of trash with areas that are so designed and constructed as to allow no view of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or public rights-of-way, and to permit safe, easy removal of trash by truck or hand.
(4) All storage of merchandise for sale, including vending machines, shall be made to conform with the requirements of this section.
(U) Rental vehicles.
(1) When the rental of equipment, automobiles, trucks and trailers is to be conducted on a motor vehicle oriented business site, additional land area and paved area shall be provided in addition to the driveway.
(2) Parking area and landscape areas required by this section for a normal motor vehicle oriented business operation.
(3) An additional 1,000 square feet of site area shall be provided for each five rental units.
(4) No parking of rental units shall be permitted on landscaped areas or driveways.
(V) Underground utilities. All utility lines on the site shall be installed underground.
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