Village of Harwood Heights, Illinois. Zoning Ordinance. Title 17 of the Village of Harwood Heights Municipal Code

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1 Village of Harwood Heights, Illinois Zoning Ordinance Title 17 of the Village of Harwood Heights Municipal Code Adopted December 8, 2011 Ordinance No

2 TITLE 17: ZONING Chapters: General Provisions and Definitions Zoning Districts Generally Residential Districts Business Districts Manufacturing Districts Condominiums Off-Street Parking and Loading Landscaping Signs Fences Antenna Structures Adult Uses Nonconforming Buildings, Structures and Uses Administration and Enforcement Appendices

3 CHAPTER GENERAL PROVISIONS AND DEFINITIONS Short title. This title is herewith entitled "An Ordinance providing for the regulation of the use and intensity of use of land and height and bulk of buildings." This title, including the zoning district map made a part hereof; may be referred to as the "Harwood Heights Zoning Ordinance." (Prior code ) Purpose--Objectives. A. Purposes. This title is adopted for the purpose of: 1. Promoting the public health, safety, comfort, morals, convenience, and general welfare; 2. Securing adequate natural light, pure air, and safety from fire and other dangers; 3. Lessening or avoiding the hazards to persons and damage to property resulting from the accumulation or runoff of storm or flood waters; 4. Lessening or avoiding congestion in the public streets and highways; 5. Conserving the value of land and buildings throughout the village; and 6. Preserving and enhancing aesthetic values throughout the village. B. Objectives. To the ends prescribed in subsection A of this section, this title is intended to accomplish certain standards and objectives by: 1. Dividing the entire village into districts and regulating the location, construction, reconstruction, alteration and use of buildings, structures and land, whether for residential, business, commercial, manufacturing or other specified uses; 2. Avoiding or lessening congestion in the public streets by adequate requirements for off-street parking and loading facilities; 3. Preventing the overcrowding of land by regulating and limiting the height and bulk of buildings hereafter erected; 4. Establishing, regulating and limiting the building or setback lines along streets, alleys, and property lines; Title 17: Harwood Heights Zoning Ordinance 1

4 5. Regulating and limiting the intensity of the use of lot areas, and regulating and determining the area of open spaces surrounding buildings; 6. Establishing standards to which buildings or structures in lot areas shall conform; 7. Permitting in each zoning district only those uses, buildings and structures that are compatible with the character of each district; 8. Preventing additions to, and alterations or remodeling of, existing buildings or structures in such a way as to avoid the restrictions and limitations imposed under this title; 9. Providing controls governing the continuation of those existing uses, buildings and structures which are incompatible with the character of the districts in which they are located; 10. Providing for the eventual elimination of structures and uses which are incompatible with the character of the districts in which they are located; 11. Defining the powers and duties of the administrative officers and bodies as provided in this title; and 12. Prescribing penalties for the violation of the provisions of this title, or of any amendment thereto. (Prior code ) Interpretation of provisions. In their interpretation and application, the provisions of this title shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and general welfare. In addition: A. Where the conditions imposed by any provision of this title upon: 1. The use of land, buildings or structures; 2. Heights of buildings or structures; 3. Floor area requirements; 4. Lot area and width requirements; 5. Yard and other open space requirements; or 6. Other provisions of this title are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this title or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations Title 17: Harwood Heights Zoning Ordinance 2

5 which are more restrictive or which impose higher standards or requirements shall govern. B. This title is not intended to abrogate any easement, covenant, or other private agreement; provided that where the regulations of this title are more restrictive or impose higher standards of requirements than such easements, covenants or other private agreements, the requirements of this title shall govern. C. No building, structure or use not lawfully existing at the time of the adoption of this title shall become or be made lawful solely by reason of the adoption of this title; and to the extent that, and in any manner that the unlawful building, structure or use is in conflict with the requirements of this title, the building, structure, or use is shall remain unlawful under the provisions of this title. (Prior code ) Separability. It is declared to be the intention of the village board of trustees that the several provisions of this title are separable, in accordance with the following: A. If any court of competent jurisdiction shall adjudge any provisions of this title to be invalid, such judgment shall not affect any other provision of this title not specifically included in the judgment. B. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this title to a particular property, building or structure, such judgment shall not affect the application of the provision to any other property, building or structure not specifically included in this judgment. C. All ordinances or parts of ordinances in conflict herewith are repealed. (Prior code ) Rules--Definitions. A. Rules. 1. Words used in the present tense shall include the future tense, and the future the present. 2. The singular number shall include the plural number and the plural number the singular number. 3. The word "building" shall include the word "structure." Title 17: Harwood Heights Zoning Ordinance 3

6 4. The word "shall" is mandatory and not directory. 5. The word "may" is permissive. 6. The provisions under each caption heading in this comprehensive amendment shall be construed and limited in a manner consistent with the applicable captions or headings and subheadings. 7. Any words not defined as follows shall be construed in their generally accepted meaning as defined in the most recent publication of Webster's New World Dictionary, College Edition. B. Definitions. For the purpose of this title the following definitions shall apply unless the context clearly indicates or requires a different meaning. "Abuts" or "abutting" means to have a common property line or district line. "Accessory building" means a subordinate building or a portion of a principal building, the use of which is incidental and customary to that of the principal building. An accessory building shall comply in all respects with the requirements of this title applicable to the principal building. Accessory Use. See "Use, Accessory." "Adjacent" means lying near or close to; in the vicinity of. "Adjoining" means touching or contiguous, as distinguished from lying near. "Airport" means any area of land which is used or intended for the landing and take-off of aircraft, together with all structures located thereon. "Alley" means a right-of-way which affords a secondary means of vehicular access to abutting properties. "Alteration" means a change in site, shape, character or use of a building or structure. "Animal hospital" means a building or portion thereof designed or used for the care, observation or treatment of domestic animals. "Automobile" means a motor vehicle designed for conveyance of persons. "Automobile laundry" means a business establishment containing facilities for simultaneously washing more than two motor vehicles, using production-line methods. "Automobile service station" means a building or portion thereof, or lot used for offering for sale at retail to the public, fuels, oils and accessories for motor vehicles and repair service, where no storage or parking space is offered for Title 17: Harwood Heights Zoning Ordinance 4

7 rent, and where no motor vehicles, trailers or boats are offered for sale or rent. When such dispensing, sale or offering for sale is incidental to the conduct of a public garage, the premises are classified as a public garage. "Automobile wrecking yard" means an area of land where three or more motor vehicles, or vehicles, machinery or equipment drawn or operated by attachment to motor vehicles or mechanical units and not in or being restored or running or operable condition, or parts thereof; are stored in the open and any land, building or structure used for wrecking or storing prior to wrecking of such motor vehicles, vehicles, machinery or equipment or parts thereof. "Awning" means a roof-like mechanism, retractable in operation, which projects from the wall of a building. "Basement" means that portion of a building that is wholly or partially below grade and below the first finished floor. "Block" means a tract of land bounded by streets, or by a combination of streets, public parks, railroad rights-of-way or other lines of demarcation. "Boarding house" means a residential building or portion thereof, other than a motel, apartment hotel or hotel, containing lodging rooms for accommodation of three, but not more than five, persons who are not members of the keeper's family and where lodging, meals or both are provided. "Building" means a structure having a roof and which is permanently affixed to the land, and built for the enclosure, shelter or protection of persons, animals, chattels or movable property of any kind. When any portion thereof is completely separated from every other portion by a party wall, then such portion shall be deemed to be a separate building. Accessory. See "Accessory building." "Completely enclosed" means a building with a permanent roof separated on all sides from the adjoining open space, or from other buildings or structures, by exterior or party walls, pierced only by windows and normal entrance and exit doors. "Detached" means a building surrounded by open space on the same lot. "Principal" means a nonaccessory building in which is conducted the principal use of the lot. "Building inspector" means the village zoning officer or duly authorized representative. Title 17: Harwood Heights Zoning Ordinance 5

8 "Bulk" means the term used to indicate the size and setback of buildings or structures, and the location of same with respect to one another, and includes the following: size and height of buildings; location of exterior walls; floor area ratio; open space allocated to buildings; and lot area and lot width provided per dwelling unit. "Business" means an occupation, employment or enterprise which occupies time, attention, labor and materials or where merchandise is exhibited or sold, or where services are offered. "Carport" means a roofed automobile shelter with two or more open sides. "Cellar" means an area having more than one-half of its floor to clear ceiling height below grade and which is not counted as a story. Clinic, Medical or Dental. "Medical or dental clinic" means a building or portion thereof; the principal use of which is for offices of physicians, dentists or both, for the examination and treatment of persons on an outpatient basis. Club or Lodge, Private. "Private club or lodge" means a nonprofit association whose facilities are restricted to persons who are bona fide members and their guests. Food and alcoholic beverages may be served on the premises provided they are secondary and incidental to the principal use. "Comprehensive plan" means the official comprehensive plan of the village. "Conforming building or structure" means a building or structure which complies with all the regulations of this title or of any amendment thereto governing bulk of the district in which the building or structure is located and which is designed or intended for a permitted or conditional use as allowed in the district in which it is located. "Court" means an open unoccupied space other than a yard on the same lot with a building or group of buildings, and which is bounded on two or more sides by such building or buildings. Court, Inner. "Inner court" means an open unoccupied space other than a yard on the same lot with a building and which is bounded on all sides by that building. "Deck" means a flat-floored roofless structure, generally constructed of wood, where at least one side of which adjoins or is adjacent to a building or dwelling, and which is used for recreation. "District" means a portion of the village within which, on a uniform basis, certain uses of land and buildings are permitted and certain other uses of land and Title 17: Harwood Heights Zoning Ordinance 6

9 buildings are prohibited as set forth in this comprehensive amendment, or within which certain yards and other open space are required, or within which certain lot areas, dwelling sizes and density requirements are established, or within which a combination of such aforesaid regulations are applied. "Drive-in establishment" means an establishment or part thereof in which are provided facilities where servicing or consuming commodities or both are intended to occur primarily in patrons' automobiles parked on the premises. "Dwelling" means a building, or portion thereof; designed or used exclusively for residential purposes, including single-family, two-family, and multiple-family dwellings, but not including mobile homes or other trailers, or lodging rooms in hotels, motels or lodging houses. A. "Attached" means a dwelling joined to two other dwellings by party walls, or vertical cavity walls, and aboveground physically unifying horizontal structural elements. "Detached" means a dwelling which is surrounded on all sides by open space on the same lot. "Multiple-family" means a dwelling located in a structure containing three or more dwelling units. "Semidetached" means a dwelling joined to one other dwelling by a party wall, or vertical cavity wall, and aboveground physically unifying horizontal structural elements. "Single-family" means a dwelling containing one dwelling unit. "Two-family detached" means a dwelling located in a structure containing two dwelling units. "Dwelling unit" means one or more rooms which are arranged, designed or used as living quarters for one family only. Individual bathrooms and complete single kitchen facilities permanently installed to serve the entire family shall always be included within each dwelling unit. "Efficiency unit" means a dwelling unit consisting of one principal room, exclusive of bathrooms, kitchens, hallways, closets, or dining alcoves directly off the principal room. "Electric distribution center" means a terminal at which electric energy is received from the transmission system and is delivered to the distribution system only. Title 17: Harwood Heights Zoning Ordinance 7

10 "Electric substation" means a terminal at which electric energy is received from the transmission system and is delivered to other elements of the transmission system and, generally, to the local distribution system. Establishment, Business. "Business establishment" means a structure or lot used in whole or in part as a place of business, the ownership or management of which is separate and distinct from the ownership or management of any other place of business located on the same or other lot. "Fallout shelter" means an accessory building and use which incorporates the fundamentals for fallout protection (shielding mass, ventilation, and space to live) and which is constructed of such materials and in such a manner as to afford to the occupants substantial protection from radioactive fallout. "Family" means one or more persons each related to the other by blood, marriage, legal adoption, or foster children, maintaining a common household in dwelling unit. "Fence" means a structure, including gates, or tree or shrub hedge which is a barrier and used as a boundary or means of protection or confinement. A. "Open" means a fence which has over its entirety at least fifty (50) percent of the surface area in open space as viewed at right angles from the fence, except that the required open space in louver-type fences may be viewed from any angle. "Solid" means a fence which conceals from view, from adjoining properties, streets or alleys, activities conducted behind it. "First finished floor" means the top of the surface of the lowest floor of a building that is wholly or mostly above grade and not the basement. "Flood-crest elevation" means: A. The elevation of the highest flood level that has been or may be subsequently designated by the village engineer. The flood-crest elevation designated by the village engineer shall be based upon a storm water drainage map showing flood-crest elevations of appropriate locations as approved by the village board of trustees. Any point shall be deemed to be within the flood plain area if it falls below the elevation of a high-water mark, as the elevation of the mark is projected in horizontal directions perpendicular to the flow of the stream and thence to intersections at an equal elevation with the land on either side of the stream. Any point between the aforedescribed projections of any two high-water Title 17: Harwood Heights Zoning Ordinance 8

11 marks shall be deemed within the flood plain area if it is at an elevation equal to or lower than similar projections of the interpolated flood-crest elevation. The interpolated flood-crest elevation is the calculated elevation of the flood crest at the center line of the stream between two known flood crests of the nearest upstream and downstream high-water marks; and the difference in elevation between the flood crest at this location and at either of the highwater mark projections is directly proportional to the difference in stream center line distance between the two high-water mark projections. Floor Area. A. For determining floor area ratio, "floor area" means the sum for the gross horizontal areas of the several floors including also the basement floor of a building, measured from the exterior faces of the exterior walls, or from the center lines of walls separating two buildings. The floor area shall also include the horizontal areas on each floor devoted to: 1. Elevator shafts and stairwells; 2. Mechanical equipment, except if located on the roof; when either open or enclosed (that is, bulkheads, water tanks, and cooling towers); 3. Habitable attic space as permitted by Title 15 of this code; 4. Interior balconies and mezzanines; 5. Enclosed porches; and 6. Accessory uses. The floor area of structures used for bulk storage of materials (for instance, grain elevators and petroleum tanks) shall also be included in the floor area and such floor area shall be determined on the basis of the height of such structures with one floor for each ten (10) feet of structure height, and if such structure measures less than ten (10) feet but not less than five feet over such floor height intervals, it shall be construed to have an additional floor. The horizontal area in each floor of a building devoted to off-street parking and off-street loading facilities and the horizontal area of a cellar floor shall not be included in the floor area. For determining off-street parking and off-street loading requirements, "floor area," when prescribed as the basis of measurement for off-street loading spaces for any use, shall be the sum of the gross horizontal area of the several floors of the building, excluding areas used for accessory off-street parking facilities and the horizontal areas to the basement and cellar floors Title 17: Harwood Heights Zoning Ordinance 9

12 that are devoted exclusively to uses accessory to the operation of the entire building. All horizontal dimensions shall be taken from the exterior of the walls. "Floor area ratio" means the numerical value obtained by dividing the floor area within a building or buildings on a lot by the area by such lot. (The floor area ratio as designated for each district, when multiplied by the lot area in square feet, shall determine the maximum permissible floor area for the building or buildings on the lot.) "Foot candle" means a unit of illumination equivalent to the illumination at all points which are one foot distant from a uniform point source of one candle power. "Footlambert" means a unit of brightness, usually of a reflecting surface. A diffusion surface of uniform brightness reflecting or emitting the equivalent of the light from one candle at one foot distance over one square foot has a brightness of one footlambert. Garage. A. "Private" means an accessory building designed and used for the storage of motor vehicles owned and used by the occupants of the building to which it is accessory and in which no occupation or business for profit is carried on. Not more than one of the motor vehicles may be a commercial vehicle of not more than one and one-half tons capacity. B. "Public" means a building or portion thereof other than a private or storage garage, designed or used for equipping, servicing or repairing motor vehicles. Hiring, selling or storing of motor vehicles may be included. C. Storage, Off-Street Parking. "Off-street parking storage" means a building or portion thereof designed or used or land used exclusively for storage of motor vehicles, and in which motor fuels and oils are not sold, and motor vehicles are not equipped, repaired, hired or sold. "Grade" means the established grade of the street or sidewalk. Where no such grade has been established, the grade shall be the elevation of the sidewalk at the property line or the crown of the street adjacent to the property line, whichever is higher. However, in cases of unusual topographic conditions as determined by the building inspector, grade shall be the average elevation of the finished surface of the ground adjoining the exterior walls of a building at the base of a structure. Title 17: Harwood Heights Zoning Ordinance 10

13 "Gross density" means the ratio between total number of dwelling units on a lot and total lot area in acres, this area to include local streets, school and park sites, and is computed as one hundred thirty (130) percent of the land actually dedicated to residential use. "Ground floor area" means the lot area covered by a principal building measured at highest ground grade, adjacent to building, from the exterior faces of the exterior walls, but excluding open porches or terraces, and garages or carports. Guest, Permanent. "Permanent guest" means a person who occupies or has the right to occupy a lodging house, rooming house, boarding house, hotel, apartment hotel or motel accommodation as his or her domicile and place of permanent residence. "Habitable area" means area in a building used for living purposes as defined in the building code in Title 15, but not including area used strictly for storage. Height, Building. "Building height" means the vertical distance from grade to the highest point of the roof, parapet wall, or other structural element of a building excluding those elements that are excepted from maximum building height standards in Section Height, Eave. "Eave height" means the vertical distance from grade to the edge of the roof along the drip line. No habitable area may be located above the maximum eave height except that floors that are at least seven feet below this height may have ceilings that extend above this height. Height, First Finished Floor. "First finished floor height" means the vertical distance from grade to the top surface of the first finished floor. "Home occupation" means any gainful business, occupation or profession conducted within a dwelling unit by a member of the family residing in the dwelling unit which is incidental and secondary to the use of the dwelling unit for dwelling purposes. "Hotel" means an establishment containing lodging rooms for occupancy by transient guests, as opposed to a lodging house, boarding house or a rooming house, and which provides customary hotel service such as maid, telephone and secretarial, bellboy and desk services; and the use and upkeep of furnishings and laundry of linens with no lodging rooms having direct pedestrian ingress or egress from outdoors. Hotel, Apartment. "Apartment hotel" means a hotel in which at least eighty (80) percent of the hotel accommodations are occupied by permanent guests. Title 17: Harwood Heights Zoning Ordinance 11

14 Inner Court. See "Court, Inner." "Institution" means a building occupied by a not-for-profit corporation wholly for public or private use. "Junkyard" means a lot, and any accessory building or structure thereon, which is used primarily for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials, including vehicles, machinery and equipment not in operable condition or parts thereof; and other metals, paper, rags, rubber tires and bottles. A "junkyard" includes an automobile wrecking yard, but does not include an establishment, located in the applicable manufacturing district, engaged exclusively in processing of scrap iron or other metals to be sold only to establishments engaged in manufacturing of steel or metal alloys. "Kennel" means any premises or portion thereof on which more than three dogs, cats or other household domestic animals over one year of age are kept, or on which more than two such animals are maintained, boarded, bred or cared for, in return to remuneration, or are kept for the purpose of sale. Laboratory. See "Research laboratory." "Launderette" means a business that provides coin-operated self-service type washing, drying, dry-cleaning and ironing facilities, provided that not more than four persons, including owners, are employed on the premises, and that no pick-up or delivery service is maintained. "Loading space" means a space within the principal building or on the same lot as the principal building, providing for the standing, loading or unloading of one truck, and with access to a street or alley. "Lodging house" means a building originally designed for and used as a singlefamily dwelling, all or a portion of which contains lodging rooms which accommodate persons who are not members of the keeper's family. Lodging, meals or both are provided for compensation for five, but not more than twenty (20) persons. "Lodging room" means a room or suite of rooms rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms, each room which provides sleeping accommodations shall be counted as one lodging room for the purpose of this title. Title 17: Harwood Heights Zoning Ordinance 12

15 "Lot" means a tract of land which is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under unified ownership or control. Therefore, a lot may or may not coincide with a lot of record. A. "Corner" means a lot of which at least two adjacent sides abut for their full length upon streets, provided that the interior angle at the intersection of such two sides is less than one hundred thirty-five (135) degrees. B. "Interior" means a lot that is not a corner lot. C. "Reversed corner" means a corner lot, the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear. D. "Through" means a lot having a pair of opposite lot lines along two more or less parallel streets, and which is not a corner lot. Both street lines shall be deemed front lot lines. "Lot area" means the area of the horizontal plan bounded by lot lines. "Lot coverage" means the area of a lot occupied by the principal and accessory structures. "Lot depth" means the mean horizontal distance between the front line and the rear lot line of a lot measured within the lot boundaries. "Lot line" means the property line bounding a lot. A. "Front" means the boundary of a lot abutting a street. On a corner lot, either lot line may be construed to be the front lot line. B. "Interior" means a lot line which does not abut a street except for that boundary of a through lot which abuts a second street. C. "Rear" means an interior lot line which is most distant from and is almost parallel to the front lot line, and in the case of an irregular or triangular shaped lot, a line ten (10) feet in length within the lot, which is parallel to and at maximum distance from the front lot line. D. "Side" means any boundary of a lot which is not a front lot line or a rear lot line. "Lot of record" means a single lot which is part of a subdivision, the plat of which has been recorded in the office of the recorder of deeds of Cook County, Illinois. "Lot width" means the minimum horizontal distance between the side lot lines of a lot measured at the narrowest width within the thirty (30) feet of depth immediately in back of the front yard line. Title 17: Harwood Heights Zoning Ordinance 13

16 "Manufacturing establishment" means an establishment, the principal use of which is manufacturing, fabricating, processing, assembly, repairing, storing, cleaning, servicing or testing of materials, goods or products. "Marquee" or "canopy" means a rooflike structure of a permanent nature which projects from the wall of a building. "Mobile home" means a trailer designed and constructed for dwelling purposes which contains cooking, sanitary and electrical facilities and has a gross floor area of two hundred fifty (250) square feet or more. "Motel" means an establishment consisting of a group of attached or detached lodging rooms with bathrooms, having direct pedestrian ingress or egress from the outdoors and where more than fifty (50) percent of the lodging rooms are occupied or designed for occupancy by transient automobile tourists. A motel furnishes customary hotel services such as maid service and laundering of linen, telephone, secretarial and desk service, and the use and upkeep of furniture. One dwelling unit may be included for occupancy by the owner or manager of the motel. "Motor vehicle" means a passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power. "Nameplate" means a sign indicating the name and address of a building or the name of an occupant thereof, and the practice of a permitted occupation therein. "No-access strip" means a strip of land within and along a rear lot line of a through lot adjoining a street which is designated on a recorded subdivision plat or property deed as land over which motor vehicular travel shall not be permitted. "Nonconforming building or structure" means any building or structure lawfully established which does not comply with all the regulations of this title or of any amendment hereto governing bulk of the district in which such building or structure is located, or which is designed or intended for a nonconforming use. "Nonconforming use" means any building or structure and the use thereof or the use of land that does not conform with the regulations of this title or any amendment thereto governing use in the district in which it is located, but conforming with all the codes, ordinances and other legal requirements applicable at the time such building or structure was erected, enlarged or altered, and the use thereof or the use of land was established. Title 17: Harwood Heights Zoning Ordinance 14

17 "Noxious matter or material" means a material which is capable of causing injury to living organisms by chemical reactions, or is capable of causing detrimental effects of the physical or economic well-being of individuals. "Nursery school" means an establishment for the part-time care of five or more children of pre-elementary school age in addition to shelter for a supervisory staff or family residing therein. "Nursing home" means an institution for the care of children or the aged, chronically ill, infirm, or incurable persons, or a place of rest for those persons suffering bodily disorders, in which three or more persons not members of the family residing on the premises are received, and provided with food, shelter and care, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of disease or injury, maternity cases or mental illness. "Off-street parking facility" means land which is improved and used, or a structure which is designed and used for the storage of passenger motor vehicles. "Open sale lot" means land used or occupied for the purpose of buying, selling or renting merchandise stored or displayed out-of-doors prior to sale. Such merchandise includes automobiles, trucks, motor scooters, motorcycles, boats or similar commodities. "Owner" means the applicant or petitioner for an amendment, variance, appeal or special use including any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, an option to purchase or any exclusive possessory interest which is especially enforceable on the land which is described in the application. "Parking space" means an area, enclosed or unenclosed, reserved for the parking of one motor vehicle and which is accessible to and from a street or alley. Parking Space, Reservoir. "Reservoir parking space" means those off-street parking spaces allocated for temporary standing of automobiles awaiting entrance to a particular establishment. "Party wall" means a common wall which extends from its footing below grade to the underside of the roof and divides buildings. It may be a vertical cavity wall or one with aboveground physically unifying horizontal structure elements. Title 17: Harwood Heights Zoning Ordinance 15

18 "Patio" means a recreation area that adjoins a dwelling, is often paved, and is adapted especially for outdoor dining. "Performance standard" means a criteria established to control smoke and particular matter, noise, odorous matter, toxic matter, vibration, fire and explosion hazards, glare and radiation hazards generated by or inherent in uses of land or buildings. "Plan commission" means the village plan commission. "Planned development" means a lot, initially under unified ownership or control, which is the site for a unified development, and where the regulations of this title may be modified. "Public open space" means any publicly owned open area, including but not limited to the following: parks, playgrounds, forest preserves, waterways, parkways and streets. "Refuse" means all waste products resulting from human habitation, except sewage. "Research laboratory" means a building or group of buildings in which are located facilities for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. "Restaurant" means an eating establishment which serves its food to be consumed only at seating areas so designated whether inside or outside the building, including serving its food in carry-out containers but not to be consumed in vehicles parked on the premises. This does not include drive-in restaurants. A. "Convenience food service establishments" means an eating establishment which serves its food or a substantial amount of its food on trays to be consumed at seating areas, or in carry-out containers to be consumed in motor vehicles parked on the premises. A convenience food establishment or restaurant is one that operates only on a self-service basis. B. Drive-in. See "Drive-in establishments." "Roadway" means that portion of a street which is used or intended to be used for the travel of motor vehicles. "Setbacks" means the minimum horizontal distance between the property line and the nearest point of the foundation wall of the main building on the property. Title 17: Harwood Heights Zoning Ordinance 16

19 Setback, Established. When forty (40) or more of the lots fronting on one side of a street within a block are improved, the existing setback of such improved lots shall be the "established setback" for determining the depth of the required front yards for the remainder of the lots along such street frontage, as regulated in this title. "Sign" means a name, identification, description, illustration, display, or device which is affixed to, painted or represented upon a building, structure or device which attracts attention to a product, place, activity, person, institution or business. The term "sign" shall not include a display of a court, public or official notice, nor shall it include the flag, emblem or insignia of a nation, political unit, school, religious or charitable institution or organization. The term "sign" shall also include a permanent sign located within an enclosed building in such a manner as to be viewed or intended for view primarily from the exterior of the building. "Smoke" means the visible discharge from a chimney, stack, vent, exhaust or combustion process which is made up of particulate matters. "Story" means that portion of a building, other than a cellar, included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the next ceiling above it. The floor of a story may split levels, provided that there is not more than four feet difference in elevation between the different levels of the floor. A basement shall be counted as a story, except when used for storage, garages for use of occupants of a building or other facilities common for the rest of the building. A mezzanine floor shall be counted as a story when it covers over one-third the area of the floor next below it, or if the vertical distance from the floor next below it to the floor next above it is twenty-four (24) feet or more. Story, Half. "Half story" means a partial story under a gable, hip, mansard or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than three feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his or her family, or by a family occupying the floor immediately below it, shall be deemed a full story. "Street" means a public or private right-of-way or easement which is designated as a permanent right-of-way or easement for common use as the primary means of vehicular to properties abutting on it. Street, Frontage. "Frontage street" means all of the property fronting on one side of a street between two intersecting streets, or in the case of a dead-end Title 17: Harwood Heights Zoning Ordinance 17

20 street, all of the property along one side of the street between an intersecting street and the end of such dead-end street. "Street line" means the street right-of-way line abutting a property line of a lot. "Structural alteration" means any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building or structure. "Structure" means anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, back stops for tennis courts and pergolas. "Tavern" means a business establishment where liquors are sold to be consumed on the premises but not including restaurants where the principal business is the serving of food. Trailer, Camping. "Camping trailer" means a trailer designed and constructed as a temporary dwelling primarily for travel, recreational and vacation purposes which may be used as a conveyance on streets and highways by its own motive power. "Truck camper" means a trailer designed and constructed as a temporary dwelling primarily for travel, recreational and vacation purposes and which does not have its own wheel or motive power, but which is designed to be mounted on the back of trucks to convert such vehicles into travel trailers. Usable Open Space. Ground area of a lot, landscaping and recreational facilities may qualify as "usable open space," provided that it is an area unobstructed from the ground to the sky and provided that it: A. Is not devoted to public or private roadways or driveways, and open off-street parking or loading; B. Is accessible and available only to occupants of dwelling units on the premises, except balconies; C. Is not covered by buildings, except that not more than five percent of the required usable open space may be recreational facilities enclosed within a building for the use of occupants of the dwelling units on the premises; D. Has not less than ten (10) feet at its narrowest dimension between either a lot line and area not qualifying as usable open space; and Title 17: Harwood Heights Zoning Ordinance 18

21 E. Is developed, landscaped and maintained suitable for pedestrian, recreational and leisure use. "Use" means the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained, and shall include any manner of performance of such activity with respect to the performance standards of this title. A. "Accessory" means a use which is incidental to the dominant use of the premises. B. "Lawful" means the use of any building, structure or land, that conforms with all of the regulations of this title or any amendment hereto and which conforms with all of the codes, ordinances and other legal requirements existing at the time of the enactment of this title or any amendment thereto for the structure or land that is being examined. C. "Permitted" means any use which is or may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and, when applicable, performance standards of this title for the district in which such use is located. D. "Principal" means the dominant use of land or building as distinguished from a subordinate or accessory use. E. "Special" means a use that has unusual operational, physical or other characteristics that may be different from those of the predominant permitted uses in a district, but which is a use that complements and is otherwise, or can be made, compatible with the intended overall development within a district. Compliance with special standards not necessarily applicable to other permitted or special uses in the district shall be required as regulated in this title. "Vending machine" means a machine for dispensing merchandise or services designed to be operated by the customer. "Village" means the village of Harwood Heights, Illinois. "Village clerk" means the village clerk of Harwood Heights, Illinois. "Village engineer" means a professional engineer, registered in the state, who has been duly appointed as the village engineer, or who has been hired by the village as its consulting engineer. "Wall opening percentage" means the surface area of all doors and operable and non-operable windows located at or above the first finished floor level on an Title 17: Harwood Heights Zoning Ordinance 19

22 exterior building wall as a percentage of the total surface area of the exterior building wall that is above the first finished floor on which the doors and windows are located. For purposes of calculating the required minimum wall opening percentage, building walls with recesses and projections of ten (10) feet or less in depth and less than four hundred (400) square feet of surface area shall be exempt. "Yard" means an open area on a lot which is unobstructed from its lowest level to the sky, except as otherwise provided in this title. A. "Front" means a yard bounded by the side lot lines, front lot line and the front yard line. B. "Interior side" means a side yard which adjoins another lot or an alley separating such side yard from another lot. C. "Rear" means a yard which is bounded by the side lot lines, rear lot line and rear yard line. D. "Side" means a yard which is bounded by the rear yard line, front yard line, side yard line and side lot line. E. "Side-adjoining a street" means a yard which is bounded by the front lot line, side yard adjoining a street line, and rear lot line. "Yard line" means a line in a lot that is parallel to the lot line along which the applicable yard extends and which is not nearer to such lot line at any point than the required depth or width of the applicable yard. A building, structure or other obstruction shall not encroach into the area between the yard line and such adjacent lot line, except for such permitted obstructions in yards as are set forth in this title. "Zoning board of appeals" means the zoning board of appeals of Harwood Heights, Illinois. "Zoning districts" means the districts into which the village has been divided for zoning regulations and requirements as set forth on the zoning district map. "Zoning district map" means the zoning district map of the village. "Zoning officer" means the official of the village duly appointed and designated to administer and enforce the building code and zoning code, or duly authorized representative. (Ord ; Ord ; Ord ; Ord ; Ord ; prior code ) Title 17: Harwood Heights Zoning Ordinance 20

23 Use regulations. A. The uses of land and erection, alteration and use of buildings or structures shall be limited to: 1. Uses lawfully established and existing on the effective date of this title, except uses lawfully established and existing on the effective date of this title and rendered nonconforming by the provisions herein shall be subject to the applicable regulations of this title. 2. Uses permitted or special uses in the zoning district in which the land, building or structure is to be located. B. A classification of special uses is established to provide for certain uses hereinafter specified that are unique in physical and operational characteristics, but are deemed desirable or necessary for public convenience and welfare within a given district or districts. Due to the unique characteristics of special uses, special standards and other conditions for the location and development are set forth in this title for each special use in the district regulations. Additions or alterations to existing structures or land improvements for expansion of a use herein designated as a special use shall conform with standards and other conditions governing the special use as set forth in this title for the district in which it is located. 1. Where a use which is classified as a special use by this title existed on November 20, 1973, it shall be considered to be a lawful special use. Any use classified as a special use in this manner will be recorded as such by the zoning officer, and will be exempted from any fee for special use permits required elsewhere in this title. 2. For any expansion or alteration of such existing legal special use, a social use permit will be issued in accordance with the procedures herein set forth, and appropriate fees will be charged as provided by this title. C. Where a building permit for a building or structure has been issued in accordance with the law prior to the effective date of this title, the building or structure may be completed in accordance with approved plans on the basis of which the building permit was issued; and, further, may upon completion be occupied under certificate of occupancy by the use originally designated, subject to the provisions of Chapter (Prior code ) Title 17: Harwood Heights Zoning Ordinance 21

24 Bulk regulations. A. New buildings or structures shall conform to the building regulations established by this title for the district in which each such building or structure is located. Existing buildings or structures shall not be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to increase any existing conflict with the bulk regulations of this title for the district in which such structures are located. B. In a residential district, a lot of record under single and separate ownership on the effective date of this title and thereafter, which is unable to meet the requirements of this title as to area and yard requirements may be used for a single-family detached dwelling, provided it shall meet all other requirements of this title and other applicable village ordinances, regulations, and codes. This exemption shall not apply, however, if any adjoining lot or tract of land is held under common ownership with such exempted tract of land subsequent to the effective date of this title, if the combined tract has a land area equal to or more than the requirement. If the combined tract of land is less than the minimum requirement, the exemption shall apply to the entire combined tract. A lot of record existing on the effective date of this title referred to above shall be as follows. 1. In residence districts, a lot, parcel or tract of land which was recorded in the office of the county recorder of deeds prior to the effective date of this chapter; and 2. In residence districts, a lot in a subdivision which was so recorded alter the effective date of this title, provided a preliminary plat for such subdivision has been given tentative approval, as required by the subdivision regulations ordinance of Harwood Heights prior to the effective date of this title and a final plat has been submitted and approved by the village board of trustees and thereafter recorded in the office of the county recorder of deeds within the time periods required by such subdivision regulations for filing an application for final plat approval and for recording after approval. C. The zoning officer shall issue a zoning certificate for erecting a single-family detached dwelling on a lot or record upon compliance with all of the foregoing provisions. The zoning officer may, when requested by the owner, approve in certain cases a reduction in side yard width requirements, but neither side yard shall have a width less than ten (10) percent of the width of the lot. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 22

25 Number of buildings on a lot. In any residence district, every single-family detached dwelling hereafter erected or structurally altered shall be located on a lot, and there shall be not more than one such dwelling on a lot. (Prior code ) Lot division. No lot containing a structure or use shall hereafter be divided in order to secure one or more additional lots for transfer of ownership and establishment of a principal use thereon, unless each lot, including also the lot containing the structure or use resulting from such division, shall have the minimum lot area and lot width as required in this title for the district in which the lot is located. (Prior code ) Yards. A. Yards and other open spaces required by this title shall be located on the same lot as the principal building, structure or use. B. On through lots, the front lot line shall be along the street line designated by the zoning officer, except that when a front line has been established on one or more lots in the same block and all have front lot lines established along the same street line, the street line designated on the front lot line for such lot or lots shall be the front lot line on all vacant through lots in such block. Only those obstructions permitted in this title in front yards shall be located in that part of a rear yard adjoining a street that is equivalent in depth to a required front yard, except where a no-access strip has been provided for such lots on the recorded plot, In which case the no-access strip will be considered part of rear yard. C. No yards allocated to a building, structure, or use existing on the effective date of this title shall be subsequently reduced or further reduced below the yard requirements of this title, except a yard adjoining a street may be reduced in depth in the event and to the extent the right-of-way width of such street adjoining such yard is subsequently increased. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 23

26 Setbacks along streets. Minimum setbacks on lots abutting a street shall be as required for yards in the district in which they are located and shall be measured from the street line or from the proposed street line if one has been designated on the official map. (Prior code ) ACCESSORY BUILDINGS, STRUCTURES AND USES All accessory buildings, structures and uses, as defined as in Section (Rules -- Definitions), shall be subject to the requirements of this Section and the requirements of Section (Encroachments) below. Additional accessory structures not regulated in this section may be regulated in Section (Encroachments) below. A. Accessory Buildings and Structures - General Regulations All accessory buildings and structures shall be subject to the following regulations, in addition to any other regulations within this section and Ordinance. 1. No accessory building or structure shall be constructed prior to construction of the principal building to which it is accessory. 2. Garages and other accessory buildings or structures shall not be used for the keeping of livestock, poultry and/or rabbits, whether or not for profit. 3. Accessory buildings or structures are prohibited within the required front, corner side, reverse corner side or interior side yard of any lot, unless otherwise permitted by this Ordinance. 4. The maximum height of any detached accessory building or structure shall not exceed fifteen (15) feet as measured from the floor of the structure to the peak of the roof, but the maximum height of the sidewall shall not exceed ten (10) feet in height, unless otherwise required by this Ordinance. (See Figure : Accessory Building Height) 5. All detached accessory buildings or structures must be located a minimum of three (3) feet from any rear lot line or side lot line, unless otherwise permitted by this Ordinance. Where an alley has been vacated, permitted accessory buildings and structures may be located five (5) feet from the centerline of the alley, provided proof of ownership is established, a disclaimer by the Village of any utility easement is obtained, and a written disclaimer by all utility companies is obtained waiving use of the portion of alley to be improved by a building or structure. (See : Accessory Building Setback) Title 17: Harwood Heights Zoning Ordinance 24

27 6. In residential districts, all detached accessory buildings or structures shall be located a minimum of ten (10) feet from the principal building on a lot or nearer than twenty (20) feet from any street curb. The distance shall be measured from the walls of the building. (See Figure : Accessory Building Setback ) 7. A maximum of two (2) detached accessory buildings, including a detached garage, shall be permitted on a zoning lot. 8. The combined floor area of all accessory structures on a zoning lot shall cover not more than thirty (30) percent of the area of the rear yard, nor exceed five hundred twenty-eight (528) square feet, unless otherwise specified. 9. In case a parcel on which a principal building is constructed consists of two lots of record, each measuring forty (40) feet in width or more, a detached garage may be built in the rear yard of such parcel, whose dimensions shall not exceed thirty-six (36) feet in width and twenty-two (22) feet in depth. Such a garage shall have no door opening for more than eighteen (18) feet. Furthermore, such a garage shall be the only accessory building on a zoning lot. 10. If a lot abuts a public alley, a detached garage shall be constructed so that access is from the public alley. Title 17: Harwood Heights Zoning Ordinance 25

28 FIGURE : ACCESSORY BUILDING HEIGHT 15 Max. FIGURE : ACCESSORY BUILDING SETBACK* * However, where there is an accessory building with doors that open onto an alley, such accessory building shall not be located closer than five (5) feet from the rear lot line. (Prior code ) Encroachments. A. State of Illinois Right-of-Way. No person, firm, corporation or other entity shall install, place, maintain, or construct any structure that encroaches upon the State of Illinois Right-of-Way of Illinois Route 43 within the corporate limits of the village. B. Establishments of Uses. Structural obstructions of the principal building and encroachment of accessory structures and uses are permitted, and special uses may be allowed, in yards of the various districts. C. Temporary Buildings. Temporary buildings for construction purposes may be erected and maintained for a period not to exceed the time of such construction. D. Allowable Encroachments. Table Allowable Encroachments identifies allowable encroachments in required yards and courts for all zoning districts. Title 17: Harwood Heights Zoning Ordinance 26

29 Table Allowable Encroachments Yard Where Permitted P = Permitted Front / Type of Encroachment Corner Interior Side Side Rear Courts Awnings or canopies, attached - Not more than three feet six inches in depth P P P P Arbors or trellises, detached P P Arbors or trellises, attached P P P P Central air-conditioning equipment and shelters P P Balconies - Not more than five feet Bay windows - Not more than three feet and not more than 50% of the width of the room of which it is a part - Bay windows are not allowed in side yards Chimneys, attached - Not more than two feet Eaves or gutters - Not more than four feet into a front and rear yard, and not more than two feet into a side yard or court Fall-out shelters or other types of emergency shelters, attached or detached - To within ten feet of a lot line P P P P P P P P P P P Fences P P Fire escapes, open or enclosed - In front or side yards adjoining a street not more than five feet, and in interior side yards or courts not more than P P P P three feet six inches Flagpoles P P P P Garages or carports, attached or detached P P Growing of farm and garden crops in the open P P Lawn furniture (e.g. Benches, sun dials, bird baths and similar architectural features) P P P P Loading berths, open off-street P P Parking spaces, open off-street - As allowed in Chapter P P Ornamental light standards P P P P Playground and laundry-drying equipment P P Playhouses, pagodas, gazebos, and open-sided summer houses P P P P Title 17: Harwood Heights Zoning Ordinance 27

30 Table Allowable Encroachments (Cont'd) Yard Where Permitted P = Permitted Front / Type of Encroachment Corner Interior Side Side Rear Courts Sheds and storage buildings for garden equipment and household items P Signs and nameplates P P P P Sills, belt courses, cornices, and ornamental features of the principal building - Projecting not more than 18 inches P P P P Steps, open - Necessary for access to and from the dwelling or an accessory building, steps as access to the lot from the street, and in gardens or terraces, provided there are no more than eight steps for access to and from a principal or accessory building P P P P Swimming pools, private - When conforming also with other village codes or P ordinances Terraces, patios, porches, and decks 1, 2 P P Outdoor fireplaces (excluding incinerators) P Tennis courts, private P Trees, shrubs, and other plants P P P P Footnotes: 1 Decks. a. Open to the Sky. A deck shall be considered open to the sky for purposes herein, if the floor permits rain water to drop through the planking and drain to the earth below. Landscape fabric may be used to cover the earth beneath the deck so long as the fabric is porous. There shall be a minimum space of onequarter inch between floor boards or planks which shall measure no more than six inches in width. All decks shall be subject to minimum side, front, and back yard restrictions with a maximum size of five percent of total lot area. b. Non-usable Open Space. A deck constructed over concrete, bricks, flagstone, crushed rock, plastic, or any other nonporous material, shall not be considered open to the sky for purposes of this section. A deck which is covered by a roof, canopy or permanent awning shall not be considered open to the sky for purposes of this section. The square footage of any deck constructed as described herein shall be added to footprint of the building of dwelling which it adjoins. Footnotes (Cont d): Title 17: Harwood Heights Zoning Ordinance 28

31 2 Front Yard Porches. a. Size. Shall not exceed twenty-five (25) percent of the square footage of the front yard (including entrance sidewalk, stairs, and front porch landing). b. Steps. No brick or concrete wall shall be constructed so as to rise above the steps further than forty-two (42) inches above each tread. c. Variations. Construction of any new porch which exceeds twenty-five (25) percent of the square footage of the front yard (as defined herein) shall require approval of the zoning board of appeals, which shall consider setback requirements and conformity with existing residences or structures on the block. Additional footage may be allowed where the setback of the residence is greater than twenty-five (25) feet. d. Entrance Sidewalks. Shall include edging constructed of brick, flagstone, rock, gravel or other nonporous material. (Ord , 2; prior code ) Vision clearance. On corner lots no structure or plant shall obstruct a motor vehicle driver's vision of approaching vehicles. The minimum clearance section shall be measured from a maximum height of two feet six inches above grade to a minimum height of eight feet above grade within the triangular area formed by the point of intersection of the front lot lines and two points on the front lot lines located thirty-five (35) feet from the point of intersection. (Prior code ) Floor area ratio application in particular cases. Where a building, lawfully existing on the effective date of this title exceeds the permitted maximum floor area ratio, an addition to such existing building to be constructed on an adjoining lot shall be entitled to the maximum floor area ratio permitted for the adjoining lot in the district in which the lot is located. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 29

32 Mobile homes, trailers, truck campers, tents and boats. A. Mobile homes, Travel and Camping trailers. 1. Mobile homes, truck campers and trailers shall not be permanently affixed to the ground as a principal building or accessory structure on a lot in any district. 2. Mobile homes, truck campers, travel and camping trailers shall not be occupied for dwelling purposes nor parked or stored on any lot other than lots occupied by establishments selling or serving such trailers in conformance with other provisions of this title. 3. In residence districts, one truck camper mounted on a pickup truck not exceeding three-quarter ton capacity, or one travel or camping trailer having a floor area of not more than one hundred thirty (130) square feet when hitched for travel, may be stored in the rear yard, in a garage, carport, screen shelter, or similar structure designed so as to substantially conceal the trailer or camper from the view of the adjoining property owners. B. Temporary Parking. Temporary parking and use of trailers shall be permitted when a permit has been issued by the zoning officer for temporary office or storage uses incidental to and only for the period of time of construction of a building development, provided such trailers are located on the same or contiguous lots to the building development. C. Tents. Tents shall not be erected, used or maintained on a residential lot, except such small tents as are customarily used for recreation purposes and located on the same as a dwelling or for entertainment purposes and only when the tent is located within a rear yard. Temporary use of tents for community, religious, charitable, educational, amusement, recreation, and commercial purposes shall be permitted only when a permit has been issued by the zoning officer in accordance with provisions set forth in Section (I). D. Boats. In a residence district, one boat owned by the occupant of the dwelling and which is not more than twenty-four (24) feet in length may be stored or parked on a lot containing a dwelling, provided that it shall be stored in the rear yard in a garage, carport, screen shelter or similar structure designed so as to substantially conceal the boat from the view of adjoining property owners; and provided further that no substantial repair, disassembly or rebuilding operations are conducted thereon. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 30

33 Sewerage and water systems. A. Each use hereafter established which requires sewerage and water facilities shall be served by public or community sewerage and water systems. B. In areas served by separate sanitary and storm sewers, connection of downspouts or roof drains into the sanitary sewer systems shall be prohibited as required by the regulations set forth by the Metropolitan Sanitary District. C. All downspouts shall be installed and maintained so that storm water shall be directed away from adjacent property lines. (Prior code ) Floodplain area. The ground floor including also a cellar or crawl space floor of any building hereafter erected, structurally altered, enlarged or moved to a floor-plain area shall have an elevation that is equal to or above flood crest level, or the distance above floor crest level that may be required by the zoning officer for specific locations. (Prior code ) Storage of junk, refuse, and disabled or damaged motor vehicles. A. The open storage of junk, refuse, and scrap is prohibited beyond seven days in all districts. B. The open storage of disabled or damaged motor or recreational vehicles, or similar items, whether awaiting repair or not, is prohibited beyond a seventy-two (72) hour period in all districts; except in B-l districts, disabled or damaged motor vehicles may be stored in automotive service stations awaiting repair or removal, for a period not to exceed thirty (30) days. (Prior code ) Building height. No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which the building is located, except that penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building and fire or parapet walls, skylight, towers, steeples, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, water tanks, silos, storage Title 17: Harwood Heights Zoning Ordinance 31

34 hoppers, elevators or similar structures may be erected above the height limits herein prescribed to the limitation of an additional twenty (20) feet. Except on land bordering, adjacent to, or in the vicinity of an airport, no building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered to exceed the height limits for the area in which it is located, which now are or shall hereafter be established under the airport approach plan prepared by the state of Illinois, or the maximum height limit herein required for the district, whichever is the lower height. A copy of the airport approach plan shall be maintained in the office of the zoning officer as a public report. (Prior code ) Utility exemptions. The following public utility uses are permitted in any district: wires, cables, conduits, vaults, laterals, pipes, mains, and valves or other similar distributing equipment, provided that the installation and location shall conform with the rules and regulations of applicable administrative authorities. (Prior code ) Retaining walls. In cases where the zoning officer so deems necessary, because of topography, a concrete retaining wall not less than eight inches thick, and not less than thirty (30) inches below grade, with above-grade dimension to be determined by the zoning officer based on adequate retaining and drainage factors applicable to the particular situation, will be required. (Prior code ) Zoning map. A. The zoning map of the village in the form attached to the ordinance codified in this section as Exhibit "A" and incorporated herein by reference is approved as the official zoning map of the village. B. The village clerk is authorized and directed to cause a certified copy of the zoning map to be filed with the Cook County recorder of deeds. (Ord , 2) Title 17: Harwood Heights Zoning Ordinance 32

35 CHAPTER ZONING DISTRICTS GENERALLY Sections: Establishment of districts Zoning district map and boundaries of districts Annexed territory Establishment of districts. In order to carry out the purposes and provisions of this title, the village is divided into the following districts: A. Residential Districts R1 Single-Family Detached Residential District R2 Single-Family Attached and Two-Family Residential District R3 Multi-Family Residential District R4 Multi-Family Residential District B. Business Districts B1 Neighborhood Shopping District B2 Central Shopping District C. Manufacturing Districts M1 Manufacturing District M2 Manufacturing District (Prior code ) Zoning district map and boundaries of districts. A. Zoning District Map. The zoning districts and their boundaries are as shown upon the zoning district map entitled "Zoning District, Village of Harwood Heights, Illinois," dated November 20, 1973, which map and all amendments thereto and all notations, references, and other information to and all notations, references, and other information shown thereon are incorporated into and made a part of this title, with the same force and effect as if fully set forth in this title. The original zoning district map, properly attested to, is on file with the village clerk. Title 17: Harwood Heights Zoning Ordinance 33

36 B. Boundaries of Districts. Where uncertainty exists with respect to the boundaries of the various zoning districts as shown on the zoning district map, the following rules apply: A. A zoning district boundary line following a street, alley, or extension thereof shall be construed to be the centerline of such street, alley, or extension thereof. B. Where the zoning district boundaries are not otherwise indicated, and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the lot lines, unless the boundaries are otherwise indicated on the map. Within unsubdivided property, the district boundary lines on the zoning district map shall be in accordance with dimensions as designated on the map. (Prior code ) Annexed territory. On land hereafter annexed to the village, no structures shall be erected, enlarged, or moved and no change in use of land or existing structures shall be made until an amendment to this title designating the zoning district classification of such annexed land is duly adopted by the village board; provided, that if no such ordinance has been so adopted within one hundred twenty (120) days after such land is annexed, the annexed land shall be automatically classified as R1 single-family detached residence district. The plan commission shall, either before or not later than sixty (60) days after any land is annexed, file in the office of the village clerk an application for an amendment to this title establishing zoning district classifications for such land. A. Procedure. Any person, firm, or corporation desiring to annex land to the village shall file with the village clerk a verified petition containing the following information: A. The name of the recorded owner of the real estate, and if the real estate is subject to a contract of sale, the names of all contract purchasers; B. A legal description of the real estate desired to be annexed; C. The names of all electors residing on the real estate and a written consent signed by all such electors. If there are no electors residing on the property, a statement showing that fact; D. A statement that the property is contiguous to the existing corporate limits of the village. Title 17: Harwood Heights Zoning Ordinance 34

37 B. The plan commission shall publish a notice of the hearing date before the plan commission in a newspaper of general circulation in the village not less than fifteen (15) days nor more than thirty (30) days prior to the date of the hearing. C. The plan commission, after holding its hearing required by this section, shall file its written recommendations with the village clerk and recommend appropriate village board action. These recommendations, along with the petition to annex, shall be presented to the village board at its next regular meeting following the hearing date. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 35

38 Title 17: Harwood Heights Zoning Ordinance 36

39 CHAPTER RESIDENTIAL DISTRICTS Sections: Preamble General Provisions Residential Districts Permitted and Special Uses Residential Districts Bulk and Yard Requirements General Standards of Applicability Measurement of Reverse Corner Side Yard Preamble A. Intent of R1 single-family residential district. The R1 single-family residential district is intended to provide regulations which will maintain the character and stability of single-family residential neighborhoods in the village B. Intent of R2 single-family attached and two-family residential district. The R2 residential district is intended to provide regulations which will tend to develop and maintain the character and style of the townhouse (single-family attached and semi-detached) and apartment type (low density two-family dwellings) parts of the village and which, generally, have apartment buildings or townhouses containing not more than two dwellings in a structure, and average a density of not more than twenty-two (22) units per net acre. C. Intent of R3 multiple-family residential district. The R3 multiple-family residential district is intended to provide for construction of a residential environment in an area subject to economic and population pressures which cannot be alleviated by existing single-family or two-family residential zoning. D. Intent of R4 multiple-family residential district. The R4 multiple-family residential district is intended to provide for construction of a residential environment in an area under high economic pressure, requiring high intensity uses, which cannot be alleviated by R3 multiple-family residential zoning. Title 17: Harwood Heights Zoning Ordinance 37

40 General provisions. Unless otherwise provided in the regulations of this title, the following provisions shall apply to all residential districts: A. Signs. Regulations shall be in accordance with the provisions of Chapter B. Home Occupations. Home occupation" means any gainful business, occupation or profession conducted within a dwelling unit by a member of the family residing in the dwelling unit which is incidental and secondary to the use of the dwelling unit for dwelling purposes and which does not change the essential residential character of the building. The regulations of this section dealing with home occupations are designed to protect and maintain the residential character of a neighborhood while permitting certain limited commercial activities. In all residential districts, any customary home occupation shall be permitted provided: 1. It is conducted entirely within the dwelling and only by a member of the family residing in the dwelling unit and one additional employee and only when such home occupation is clearly incidental and secondary to the use of the dwelling for dwelling purposes. 2. A home occupation shall not be established prior to the member(s) of the family conducting the home occupation taking possession of, and residing in, the dwelling. 3. It is not conducted from a detached or attached accessory building, nor does it require internal or external alterations or involve construction features or use of equipment not customary in a dwelling, and the entrance to the space devoted to such occupation shall be from within the dwelling and not more than one-fourth of the floor area of a story including also a cellar of the dwelling is devoted to such home occupation. 4. No mechanical equipment is used, except such as is customarily used for purely domestic or household purposes. 5. All home occupations shall be conducted entirely within an enclosed building. No materials or equipment associated with the home occupation shall be stored outside the building. 6. There is no display, activity or environmental manifestation that will indicate from the exterior of a dwelling that it is being used in whole or in part for any use other than a dwelling. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more Title 17: Harwood Heights Zoning Ordinance 38

41 frequent extent than usually experienced in an average residential occupancy within a residentially zoned district under normal circumstances where no home occupation exists. 7. No sign except one nameplate not more than one square foot in area which contains only the name of the occupant of the dwelling and the home occupation conducted therein and is attached to the dwelling and not illuminated shall be permitted; 8. Home occupations shall not generate refuse exceeding amounts typically produced by an average residential occupancy within a residentially zoned district under normal circumstances where no home occupation exists. 9. Vehicular traffic and on-street parking shall not be increased by the home occupation. 10. Off-street parking and off-street loading shall be in accordance with the provisions of Chapter except that no truck or other type of commercial motor vehicle shall be parked or stored in the open on a lot in a residential district. 11. Stock in trade, including that which is produced on the premises, shall not require receipt or delivery of merchandise, goods, or equipment other than by United States letter carrier mail, similar parcel delivery service that is characteristic of service to residential neighborhoods, or by private passenger automobile. 12. No alteration of any kind shall be made to the residential dwelling where a home occupation is conducted that would change its residential character, including, but not limited to, the enlargement of public utility services, cooking facilities, or driveway or parkway areas beyond the capacities customarily required for residential use. No sign, other than a nameplate, shall advertise the presence or conduct of a home occupation that is visible from any public or private street. 13. Academic or religious instruction may be given to not more than three persons at the same time, and other instruction may be given to not more than one person at the same time. 14. The following businesses, occupations or activities are specifically prohibited home occupations: a. Motor vehicle and accessory sales or rental, repair and/or painting, including trailer rental or sales. b. Medical or dental clinics. c. Restaurants. d. Kennels and veterinary clinics. Title 17: Harwood Heights Zoning Ordinance 39

42 e. Funeral homes. f. Nursery schools, but not day care centers with six or fewer children. g. Repair shops or service establishments, except the repairs of electrical appliances, typewriters, cameras, lawnmowers, or other similar small items. h. Beauty shops and barber shops, except when customer visits are by appointment only and are limited to no more than two customers in any one hour period. Beauty and barber shops allowed under these provisions shall be registered with the appropriate licensing and inspection authorities. C. Basement Windows. No building in any R-l residential district shall have any type of basement window facing the common address street in front of the building. (Prior code ) Residential Districts Permitted and Special Uses Table : Residential Districts Permitted and Special Uses lists permitted and special uses for the residential districts. A P indicates that a use is considered permitted within a given district. An S indicates that a use is considered a special use within a given district and a special use permit must be obtained as required in Section (Special use permits). No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted within a given district. Title 17: Harwood Heights Zoning Ordinance 40

43 Table Residential Districts Permitted and Special Uses Zoning District Use 1 (P = Permitted; S = Special Use) R1 R2 R3 R4 Residential Uses Dwellings Single-family detached dwellings P P P Semi-detached dwellings P P Two-family dwellings P P Multi-family dwellings, 3 units P P Multi-family dwellings, 18 units or fewer P Multi-family dwellings, more than 18 units S Other Residential planned developments 2 S S S S Institutional Uses Community Facilities Public libraries S S S Churches and temples S S S Seminaries, convents, monasteries, and similar religious institutions 3 S S S Institutions of an educational or philanthropic nature S S S Private Clubs S Hospital S Schools Public schools S S S S Police and fire department stations S S S Parks and Recreation Public parks S S S Recreational areas and playgrounds S S S Forest Preserve S S S Other Temporary buildings for construction purposes 4 P P P P Public utility and governmental service uses 5 S S S S Gas regulator stations S S S S Electric substations and booster stations S S S S Filtration plants, pumping stations, water reservoirs and wells S S S S Telephone exchange and microwave relay towers S S S S Other governmental uses S S S S Title 17: Harwood Heights Zoning Ordinance 41

44 Footnotes: 1 The terms in this column ("Use") are defined in Section (Rules--Definitions). 2 Subject to Section Permitted on a lot not less than five acres in area, and provided no building or structure shall be located less than one hundred (100) feet from a lot line. 4 Temporary buildings permitted not to exceed construction period. 5 Permitted on lots having areas, widths, yards, and other conditions as approved by the Village Board Residential Districts Bulk and Yard Requirements Table : Residential Districts Bulk and Yard Requirements establishes building bulk and yard setback requirements for the residential districts. These regulations apply to all uses within a given district unless otherwise stated. Title 17: Harwood Heights Zoning Ordinance 42

45 Table Residential Districts Bulk and Yard Requirements du = Dwelling Unit; SF = Single Family Detached; 2F = Two-Family Detached; TH = Semi-detached Single Family; MF = Multi-family Zoning District Lot Dimensions R1 R2 R3 1, 2 R4 1 Minimum Lot Area 5,000 sf Non-residential uses: 15,000 sf SF and 2F: 5,000 sf TH: 4,000 sf/du Non-residential uses: 10,000 sf SF and 2F: 5,000 sf TH: 4,000 sf/du MF: 7,500 sf minimum, - 1,500 sf per 1 BR/Eff. du, - 2,000 sf per 2 BR du, - 2,500 sf per 3 BR du MF w/ 18 or fewer units: 15,000 sf 3 MF w/more than 18 units: 22,500 sf Non-residential uses: 15,000 sf Minimum Lot Width 40 ft Non-residential uses: 120 ft SF and 2F: 40 ft TH: 60 ft ft Minimum Lot Depth 125 ft Building Height Maximum First Finished Floor Height Maximum First Floor Porch Eave Height 4.5 ft 4.5 ft ft 14.5 ft - - Maximum Eave Height - Hip, Gable, or Gambrel Roof Type 1-2 Stories: 14.5 ft 3+ Stories: 23.5 ft 1-2 Stories: 14.5 ft 3+ Stories: 23.5 ft - - Maximum Building Height - Hip, Gable, or Gambrel Roof Type 1-2 Stories: 22 ft 3+ Stories: 30 ft 1-2 Stories: 22 ft 3+ Stories: 30 ft 35 ft 35 ft 4 Maximum Building Height - Other Roof Type 1-2 Stories: 18 ft 3+ Stories: 26 ft 1-2 Stories: 18 ft 3+ Stories: 26 ft 35 ft 35 ft 4 Title 17: Harwood Heights Zoning Ordinance 43

46 Table Residential Districts Bulk and Yard Requirements (Cont'd) du = Dwelling Unit; SF = Single Family Detached; 2F = Two-Family Detached; TH = Semi-detached Single Family; MF = Multi-family Zoning District Building Mass R1 R2 R3 1, 2 R4 1 Maximum Floor Area Ratio (FAR) N/A; Non-residential uses: 0.25 N/A; Non-residential uses: Minimum Wall 5% per wall 5% per wall - - Opening Percentage Yard & Setback Requirements Front yard 25 ft minimum 5, 6 25 ft minimum 5, 6 25 ft minimum 5, 6 25 ft minimum 5, 6 Side yard 4 ft minimum 5 10% of total width minimum 5 10% of total width minimum 5 Rear yard 35 ft 5, 7 35 ft 5, 7 35 ft 5, 7 35 ft 5, 7 Useable Open Space Useable Open Space % of total width minimum 5 1 BR/Eff.: 300 sf/du 2 Bedroom: 500 sf/du 3 & 4 Bedroom: 750 sf/du Footnotes: 1 The requirements of yards, usable open space, and parking shall take precedence over total number of units allowed on any given parcel of land. 2 The sum of one bedroom and efficiency units cannot exceed fifty (50) percent of all the units built on one lot and the number of dwelling units contained in any one structure cannot exceed three. 3 The sum of one bedroom and efficiency units cannot exceed fifty (50) percent of all the units built on one lot. 4 Structures containing more than 18 units can exceed 35 ft in height, but must be approved through the planned development process as provided in Section For non-residential buildings of more than twenty-six (26) feet in height located within the R1 district, each required front, side and rear yard shall be increased in width or depth by one foot for each additional one foot of building height over twenty-six (26) feet. Title 17: Harwood Heights Zoning Ordinance 44

47 6 Front yard need not exceed 6.5 feet in width, except on corner lots, where the side yard adjoining a street shall be not less than five feet in depth. For lots of record of less than forty (40) feet prior to annexation a side yard of ten (10) percent of the width of the lot is required on each side. 7 At least forty (40) percent in the R1 district of the total area of the required rear yard, and 300 sq. ft. in the R2 district of the required rear yard, must be open to the sky ("open space") and not covered with concrete or other nonporous materials. Up to one hundred fifty (150) square feet may be included in calculation of open space when covered with interlocking or abutting solid blocks constructed on a compacted soil sub grade and compacted aggregate base. The area will be considered as open space if and only if, the paver block area is constructed with landscaping fabric and without any plastic or any materials impervious to water. Title 17: Harwood Heights Zoning Ordinance 45

48 General Standards of Applicability A. Temporary Uses See Section (Temporary Use Permits) for standards governing temporary uses. B. Garages and Other Accessory Buildings, Structures, and Uses See Section (Garages and other accessory buildings, structures, and uses) for standards covering accessory buildings, structures and uses. C. Allowable Encroachments See Section (Control of structural and use encroachments in yards) for standards governing encroachments. D. Off-Street Parking and Loading See Section (Off-Street Parking and Loading) for standards governing offstreet parking and loading. E. Signs See Section (Signs) for standards governing signs Measurement of Reverse Corner Side Yard To clarify the distinction between a corner lot and a reverse corner lot, and to clarify how to measure a reverse corner side yard, the following illustrations (Figures thru.4) are provided: A. For reference, a typical corner lot is a lot situated at the junction of, and abutting, two (2) or more intersecting street. See Figure : Corner Lot below. Title 17: Harwood Heights Zoning Ordinance 46

49 FIGURE : CORNER LOT B. A reverse corner lot is a corner lot where the side lot line adjoining a street is substantially a continuation of the front lot line of the first lot to its rear. See Figure : Reverse Corner Lot below. FIGURE : REVERSE CORNER LOT How to measure the reverse corner side yard of a reverse corner lot is illustrated in Figure : Measurement of Reverse Corner Side Yard below. The dimension of such yard is as required in Table : Residential Districts Bulk and Yard Requirements. Title 17: Harwood Heights Zoning Ordinance 47

50 FIGURE : MEASUREMENT OF REVERSE CORNER SIDE YARD FIGURE STEP 1: On a reverse corner lot, the lot line used to determine the location of the front yard and to measure lot width shall be the shorter street frontage. FIGURE STEP 2: As measured from the rear lot line of the reverse corner lot, the first twenty (20) feet of the reverse corner side yard shall equal the front yard of the lot to the rear. The remainder of the reverse corner side yard shall be fifty percent (50%) of the front yard depth or a dimension established by district regulations. Title 17: Harwood Heights Zoning Ordinance 48

51 CHAPTER BUSINESS DISTRICTS Sections: Preamble General provisions Business districts permitted and special uses Business Districts Bulk and Yard Requirements General Standards of Applicability Preamble. Business district regulations are intended to govern the locations and uses of a full range of business and commercial establishments needed to serve the citizens of the village and its trade are. The regulations of the various business districts are designed to provide for groupings of business and commercial establishments that are compatible in scope of services and method of operations. (Prior code ) A. Intent of B1 neighborhood shopping district. The B1 district regulations are intended to provide areas and govern uses therein for a range of shopper and personal service types of establishments in order to serve the general shopping needs of a consumer population that is located in one or more of the neighborhoods adjoining or in the vicinity of the shopping district. B. Intent of B2 central shopping district. The B2 central shopping district regulations are designed to accommodate prime retail trade activities of village-wide and regional significance, located primarily within the core of the downtown area. Regulations provide for a wide variety of related shopper type business establishments along with personal services and other complementary uses characteristic of a major shopping center General provisions. A. Dwelling Unit. Dwelling units and lodging rooms are not permitted on the ground floor level in any business district except in a permitted hotel, motel, resort, convent, monastery, parsonage, or rectory; as a special use in the B1 district; or within a structure existing on the effective date of this title. Title 17: Harwood Heights Zoning Ordinance 49

52 B. Enclosure of Operation. All business, servicing, or processing shall be conducted within completely enclosed buildings except: 1. Off-street parking or loading; 2. Drive-in type of operations and open sales lots when conducted as a special use in the B2 district. C. Parking Limitations. 1. Parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over one and one-half tons capacity, except for pick-up or delivery services during normal business hours. 2. Trucks in excess of one and one-half tons capacity shall not be parked in the open within one hundred fifty (150) feet of a residence district boundary line. D. Scope of Operation. All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on the premises shall be sold on the premises where produced except for specific uses in the B2 district where processing and fabricating or wholesale sales are permitted. E. Outdoor Dining Area Standards and Requirements 1. Compliance with Village codes and regulations: An outdoor dining area must comply with all applicable ordinances, laws, rules and regulations, including, without limitation, all zoning, building, health, fire and safety regulations, and all other provisions of this code. If a conflict arises between applicable regulations, the strictest regulation shall apply. 2. Circulation and emergency egress: a. The location of an outdoor dining area shall ensure the maintenance of adequate pedestrian and vehicular circulation in and around the outdoor dining area. b. Emergency egress shall be provided for an outdoor dining area and shall be of a type and in locations approved by the fire marshal. c. In no event shall an outdoor dining area obstruct access to any taxi stand, bus stop, crosswalk, mailbox, curb cut, parking space, or any other public property, or obstruct necessary access to any fire hydrant, fire escape, or fire door, or obstruct the clear view of any traffic signal, regulatory sign, or street sign. d. When deemed necessary, a safety barrier, such as a wheel stop, curb, fence or other means, approved by the zoning officer as appropriate for the frequency and intensity of nearby traffic, shall be installed to separate an outdoor dining area from any adjacent parking space or vehicular travel lane. Title 17: Harwood Heights Zoning Ordinance 50

53 3. General health standards: a. An outdoor dining area and all related service stations shall be maintained and kept in a clean, neat, and safe condition at all times. b. All containers, including specifically, but without limitation, ice bins, beverage dispensers, and condiment jars used in an outdoor dining area, shall be covered or lidded when not in use. c. Perishable condiments shall not be stored at any time in an outdoor dining area, and when not in use, such condiments shall be taken directly from the outdoor tables into the food service establishment. d. All trash containers in an outdoor dining area shall be lidded at all times. e. Soiled cloth linens, tablecloths, and napkins shall not be stored at any time in an outdoor dining area, and shall be taken immediately from an outdoor dining area into the food service establishment. f. The floor surface of an outdoor dining area shall be cleaned daily to prevent staining. g. All trash and debris must be removed from time to time and at the end of the hours of operation, so that at all times an outdoor dining area and all adjacent land is maintained in a safe, neat, clean, orderly, and sanitary condition. If the operator of the outdoor dining area does not perform the foregoing in a timely manner, the Village is authorized to remove or cause to be removed any trash, debris or other property which is not removed from an outdoor dining area as and when the same is required, and the operator shall be charged for and shall pay for the cost of such removal. h. No animals, except those assisting a person with a disability, shall be allowed in an outdoor dining area. 4. Hours of operation An outdoor dining area may only be open to the public for use between the hours of 6:00 a.m. and 10:00 p.m., Sunday through Thursday, and between the hours of 6:00 a.m. and 11:00 p.m., Friday and Saturday. Daily setup of an outdoor dining area shall not occur before 5:30 a.m. and the end of the day cleanup shall be completed by 11:30 p.m. Hours of operation beyond these specified hours may be authorized only with prior approval by the zoning officer. 5. Music and entertainment prohibited No live entertainment or dancing shall be provided or allowed at any time within an outdoor dining area. 6. Noise pollution During all hours of operation, an outdoor dining area shall comply with the Public Title 17: Harwood Heights Zoning Ordinance 51

54 Noise Ordinance as prescribed in 8.20 of the Village of Harwood Heights Code of Ordinances (Noise). 7. Furnishing and fixtures. a. All furnishing, fixtures and awnings or other protective covering for an outdoor dining area shall be made out of all weather and durable quality materials. These items shall be well maintained and kept clean at all times. b. The use of fencing made out of plastic, vinyl, PVC or similar materials shall be prohibited in an outdoor dining area. 8. Alcoholic beverage service. All outdoor dining areas shall comply with 4.12 of the Village of Harwood Heights Code of Ordinances (Alcoholic Beverages). 9. Additional regulations In addition to the specific regulations set forth in this subsection, an outdoor dining area shall be subject to such additional requirements as the Mayor, or the Village Board, as the case may be, deem necessary to ensure the public health and safety, including specifically, but without limitation, regulations regarding (i) the number and size of tables and seats, (ii) security for and removal of equipment, (iii) signage, (iv) landscaping and pedestrian amenities, (v) lighting, and (vi) trash and refuse collection and location. The Mayor or the Village Board shall determine whether such additional requirements are necessary based on the nature and location of the outdoor dining area. Additional regulations imposed pursuant to this subsection shall be specified in the license approving the outdoor dining area. 10. Additional regulations for public right of way outdoor dining areas. a. Public right of way outdoor dining areas shall be required to also secure a license agreement for the use of the public right of way with the Village, in form and acceptable to the Mayor and Village attorney, and approved by the Village Board, which shall include at least the following: i. An agreement to indemnify, defend, and hold harmless the Village for any and all claims for liability or damages arising from the operation of the public right of way outdoor dining area, including, but not limited to, any potential business disruption due to the Village's need to work within the public right of way; and ii. A certificate of commercial general liability insurance, workers' compensation insurance, and if applicable, liquor liability insurance. The amount of the required coverage shall be approved by the Village, but in no event shall liability coverage be in an amount less than one million dollars ($1,000,000.00) combined single limit per occurrence with a general aggregate of no less than two million dollars ($2,000,000.00) per person. The Village shall be named as an additional insured by policy Title 17: Harwood Heights Zoning Ordinance 52

55 endorsement, and the insurer shall have a rating and be of a class size satisfactory to the director of finance. b. An annual fee, established by the Village Board based on the size, area and location of the proposed public right of way outdoor dining area, shall be paid to the Village for the applicant's use of the public right of way for a public right of way outdoor dining area. c. The location of a public right of way outdoor dining area shall not interfere with the passage of pedestrian or vehicular traffic, or reduce the open portion of a sidewalk in the public right of way to less than five (5) feet clear of all obstructions. Chairs within any public right of way outdoor dining area shall be kept at least five (5) feet from the curb or roadway. d. A public right of way outdoor dining area shall be demarcated by fencing, a rope barrier with stanchions, or another means at least three (3) feet in height and approved by the zoning officer. \ e. All of the tables and chairs used in a public right of way outdoor dining area and barriers installed to designate the same must either be secured within the public right of way outdoor dining area or removed and stored in a secure area outside of the public right of way at the termination of the hours of operation. The tables, chairs, barriers and other furnishings and equipment, may be placed on the public right of way not more than one half hour prior to the commencement of the hours of operation each day. f. No furnishings, equipment or obstructions shall be permitted on the public right of way from November 1 each year through and including March 31 of the succeeding year. (Prior code ) Business Districts Permitted and Special Uses Table : Business Districts Permitted and Special Uses lists permitted and special uses for the business districts. A P indicates that a use is considered permitted within a given district. An S indicates that a use is considered a special use within a given district and a special use permit must be obtained as required in Section (Special use permits). No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted within a given district. Title 17: Harwood Heights Zoning Ordinance 53

56 Table Business Districts Permitted and Special Uses Zoning District Use 1,2 (P = Permitted; S = Special Use) B1 B2 Antique shops Art galleries Art and school supply stores P P Automobile accessory stores 3 Automobile sales establishments 4 Automotive service stations 5 Bakeries P P Banks and/or savings and loan institutions S S Barber shops and beauty parlors P P Book and stationery stores P P Bowling alleys Business or commercial schools or colleges S S Business machine, sales and service Camera/photographic supply stores P P Candy and ice cream stores P P Carpet and rug stores P P Catalog sales offices P P Catering establishments, when located on the ground floor P P Catering establishments, when located above the ground floor China/glassware stores P P Churches, temples, and synagogues 6 Clothes pressing establishments P P Clothing stores P P Clubs or lodges: private, fraternal, religious or charitable, when located on the ground floor S S Clubs or lodges, private, fraternal, or religious, when located above the ground floor S Coin and philatelic stores P Cocktail lounges P Convents, monasteries, rectories, or parsonages, as accessory to religious institutions S Currency exchanges S S Department stores Title 17: Harwood Heights Zoning Ordinance 54 S P P P S S P S S P

57 Table Business Districts Permitted and Special Uses (Cont'd) Zoning District Use 1,2 (P = Permitted; S = Special Use) B1 B2 Drug stores P P Dry cleaning and laundry receiving stations 7 P P Dry goods stores Electrical appliance repair shops P P Employment agencies and offices Fast food stores P P Financial institutions S S Flower shops P P Food stores, meat and fish markets, and delicatessens P P Fraternal, philanthropic, and charitable institutions, when located above the ground floor P Furniture stores P S P Furrier shops including the incidental storage and conditioning of furs P Garden supply stores P P Gift shops P P Grocery stores or supermarkets P P Haberdashery stores P P Hardware stores P P Hobby shops, for retailing of items to be assembled or used away from the premises P P Hotels and motels including dining and meeting rooms S Household appliance stores including radio and television sales with incidental repair facilities P Indoor theaters S S Insurance offices P P Interior decorating shops 8 P P Jewelry stores P P Laboratories, medical, dental, or optical, when located on the ground floor Laboratories, medical, dental, or optical, when located above the ground floor S P S P Title 17: Harwood Heights Zoning Ordinance 55

58 Table Business Districts Permitted and Special Uses (Cont'd) Zoning District Use 1,2 (P = Permitted; S = Special Use) B1 B2 Launderettes and hand laundries P P Leather goods and luggage stores P P Libraries, public or private P P Liquor stores, package goods only S S Loan offices Locksmith shops P P Lodging rooms and dwelling units located above the ground floor of a permitted use S S Lumber yards P Mail order service stores Medical and dental clinics, including laboratories incidental thereto P P Meeting halls when located above the ground floor Messenger or telegraph service stations S S Millinery shops P P Mortgage companies and/or real estate agencies Music stores, records and sheet music P P Musical instrument sales and repair P P Newspaper offices, not including printing P P Office supply stores P P Offices, professional, business, public or institutional P P Painting and decorating shops P P Paint and wall paper stores P P Photograph galleries P P Photography studios including on-premise developing and printing of photographs P P Plumbing shops P S Post offices P P Print shops P P Printing and publishing 9 Production and repair 10 Public utility and governmental service uses 11 S S Radio and television broadcasting studios S S P S S S P Title 17: Harwood Heights Zoning Ordinance 56

59 Table Business Districts Permitted and Special Uses (Cont'd) Zoning District Use 1,2 (P = Permitted; S = Special Use) B1 B2 Recreation buildings S S Restaurants P P Restaurants with live entertainment and/or dancing S S Restaurants with outdoor dining S S Sales or show rooms P P Schools, commercial or trade 12 S S Shoe and hat repair stores P P Shoe stores P P Sporting goods stores P P Studio parlors P P Tailor shops P P Telephone booths and exchanges P P Temporary buildings for construction purposes 13 P P Tobacco shops P P Toy stores P P Travel agencies P P Undertaking establishments and funeral parlors 14 Upholstering shops P P Variety stores P P Vending machine structures (housing) P P Video rentals P P S Title 17: Harwood Heights Zoning Ordinance 57

60 Business Districts Bulk and Yard Requirements Table : Business Districts Bulk and Yard Requirements establishes building bulk and yard setback requirements for the business districts. These regulations apply to all uses within a given district unless otherwise stated. Table Business Districts Bulk & Yard Requirements Building Height & Mass Maximum Building Height Maximum Floor Area Ratio (FAR) B1 Zoning District B2 35 ft 35 ft Residential uses: Interior lot Corner lot Commercial uses: , 2 Yard & Setback Requirements Front yard None required 3 None required 3 Side yard None required 4 None required 4 Rear yard 25 ft 25 ft Footnotes: 1 FAR may be exceed 2.5 provided open areas are provided on the lot in excess of ten (10) percent of the area of the lot. FAR may be increased by one-half for each additional five percent of lot area devoted to usable open space in excess of ten (10) percent. 2 For each automobile that is stored inside or on the roof of the principal building, six hundred (600) square feet of floor area may be added to the floor area allowance under the floor area ratio formula. 3 When adjacent to a residential front yard, the requirement of the adjoining district shall apply in full; if there is an intervening alley, fifty (50) percent of the requirement shall apply. 4 If a side yard is provided, it shall not be less than five feet in depth, and when adjacent to a residential side yard, the requirement of the adjoining district shall apply in full; if there is an intervening alley, fifty (50) percent of the requirement shall apply. Title 17: Harwood Heights Zoning Ordinance 58

61 General Standards of Applicability F. Temporary Uses See Section (Temporary Use Permits) for standards governing temporary uses. G. Garages and Other Accessory Buildings, Structures, and Uses See Section (Garages and other accessory buildings, structures, and uses) for standards covering accessory buildings, structures and uses. H. Allowable Encroachments See Section (Control of structural and use encroachments in yards) for standards governing encroachments. I. Off-Street Parking and Loading See Section (Off-Street Parking and Loading) for standards governing offstreet parking and loading. J. Signs See Section (Signs) for standards governing signs. (Or (part); Or (part); prior code ) Title 17: Harwood Heights Zoning Ordinance 59

62 CHAPTER MANUFACTURING DISTRICTS Sections: Preamble General provisions Manufacturing Districts Permitted and Special Uses Manufacturing Districts Bulk and Yard Requirements General Standards of Applicability Preamble. The regulations for manufacturing districts are designed to provide for the establishment of a full range of industrial and allied activities and to govern their operations in a manner that will not have a deleterious effect on residential and business areas consistent with the objectives of the Comprehensive Plan. It is essential that adequate provisions be made for the expansion of industry, both those existing today and for attracting a diversification of new industry. Adequate industrial sites and industrial expansion will create growth and development of the village's economic and tax base and provide a variety of employment for its labor force. A. Intent of M1 manufacturing district. The M1 manufacturing district is designed to provide an environment suitable for industrial activities that require a pleasant and nuisance-free environment and will be compatible with adjacent residential and business uses. B. Intent of M2 manufacturing district. The M2 manufacturing district is designed to include a special use provision for adult use. (Or ; prior code ) Title 17: Harwood Heights Zoning Ordinance 60

63 General provisions. A. Operations Within Enclosed Buildings--M1 Manufacturing District. All activities involving the manufacturing, fabricating, processing, assembling, disassembling, repairing, cleaning, servicing, testing, and storing of materials, products, and goods shall be conducted within completely enclosed buildings. B. Performance Standards. Performance standards for noise, vibration, smoke, and particulate matter, toxic matter, odorous matter, fire and explosion hazards, heat, glare and radiation hazards shall be the same as those established by the Illinois Environmental Protection Agency Manufacturing Districts Permitted and Special Uses Table : Manufacturing Districts Permitted and Special Uses lists permitted and special uses for the manufacturing districts. A P indicates that a use is considered permitted within a given district. An S indicates that a use is considered a special use within a given district and a special use permit must be obtained as required in Section (Special use permits). No letter (i.e., a blank space), or the absence of the use from the table, indicates that use is not permitted within a given district. Title 17: Harwood Heights Zoning Ordinance 61

64 Table Manufacturing Districts Permitted and Special Uses Zoning District Use 1,2 (P = Permitted; S = Special Use) M1 M2 Adult bookstores Adult entertainment cabarets Adult motion picture theaters Building material sales and storage including milling, planning, jointing or manufacturing of millwork Contractors' offices and shops P P Manufacturing, processing, and heavy service businesses 3 S S Offices, general P P Parking lots and storage garages S S Printing and publishing establishments S S Public garages S S Public open space P P Research laboratories S S Schools, commercial or trade S S Training centers, engineering or sales S S Warehouses S S Watchmen quarters 4 S S Wholesale establishments S S Other Public utility and governmental service uses 5 P P Bus transit facilities 6 S S Filtration plants, pumping stations, water reservoirs and wells, sewage treatment plants and lift stations P P Radio and television towers S S Telephone exchanges, microwave relay towers and telephone transmission equipment and other such service buildings S S S S S S S Title 17: Harwood Heights Zoning Ordinance 62

65 Footnotes: 1 The terms in this column ("Use") are defined in Section (Rules-- Definitions). 2 Any business use similar to a permitted use listed in this table shall be considered a special use. 3 Including fabricating, processing, assembling, disassembling, repairing, cleaning, servicing, testing, and storing of materials, products and goods; provided operations conform with the performance standards and other general requirements applicable to an M1 district or M2 district. 4 Dwelling units for watchmen and operating personnel and their families when the nature of operations require such personnel to reside on the premises where they are employed. 5 Including offices, storing, testing, repairing and servicing. 6 Including shelters, passenger stations, parking areas and service buildings. Title 17: Harwood Heights Zoning Ordinance 63

66 Manufacturing Districts Bulk and Yard Requirements Table : Manufacturing Districts Bulk and Yard Requirements establishes building bulk and yard setback requirements for the manufacturing districts. These regulations apply to all uses within a given district unless otherwise stated. Table Manufacturing Districts Bulk & Yard Requirements Building Height & Mass M1 Zoning District M2 Maximum Building Height 35 ft 35 ft Maximum Floor Area Ratio (FAR) Yard & Setback Requirements Front yard None required 1 None required 1 Side yard None required 2 None required 2 Rear yard 25 ft 25 ft Footnotes: 1 When adjacent to a residential front yard, the requirement of the adjoining district shall apply in full; if there is an intervening alley, fifty (50) percent of the requirement shall apply. 2 If a side yard is provided, it shall not be less than five feet in depth, and when adjacent to a residential side yard, the requirement of the adjoining district shall apply in full; if there is an intervening alley, fifty (50) percent of the requirement shall apply. Title 17: Harwood Heights Zoning Ordinance 64

67 General Standards of Applicability C. Temporary Uses See Section (Temporary Use Permits) for standards governing temporary uses. D. Garages and Other Accessory Buildings, Structures, and Uses See Section (Garages and other accessory buildings, structures, and uses) for standards covering accessory buildings, structures and uses. E. Allowable Encroachments See Section (Control of structural and use encroachments in yards) for standards governing encroachments. F. Off-Street Parking and Loading See Section (Off-Street Parking and Loading) for standards governing offstreet parking and loading. G. Signs See Section (Signs) for standards governing signs. (Or ; prior code ) (Or ; Or : prior code ) Title 17: Harwood Heights Zoning Ordinance 65

68 Title 17: Harwood Heights Zoning Ordinance 66

69 CHAPTER CONDOMINIUMS Sections: Applicability Definitions Common areas: maintenance and responsibilities Subdivision plat of condominiums Contents of property report Condominium development standards for new construction Condominium development requirements for conversions Certificates of occupancy/inspection Requirements for developer of more than six units Misrepresentation or omission Discrimination Participation in recreational facilities not owned in fee by unit owners Examination of records by unit owners Rights, obligations and remedies Applicability. This chapter shall apply to all divisions of land or property into residential and commercial condominium units as set forth in the Illinois Condominium Property Act, 765 ILCS 605/l et seq., as amended. (Or (part)) Definitions. The terms and words used shall have the definitions set forth in the Illinois Condominium Property Act, 765 ILCS 605/1 et seq., as amended, with the exception or addition of the following: "Blanket encumbrance" means a trust deed, mortgage, judgment or other lien on a condominium including any lien or other encumbrance arising as a result of the imposition of any tax assessment by a public authority. Title 17: Harwood Heights Zoning Ordinance 67

70 "Board of managers" means the board of managers provided and referred to in the Illinois Condominium Property Act. "Closing of the sale" means the operation transferring ownership of a condominium unit to the purchaser from the developer. "Common elements" means all of the condominium except the condominium unit". Common elements" also includes limited common elements. "Condominium" means a form of property established pursuant to the Illinois Condominium Property Act. "Condominium project" means the sale of or plan by a developer to sell or the offering for sale of residential condominium units in an existing building or building to be constructed or under construction. "Condominium unit" or "unit" means a separate three-dimensional area within the condominium identified as such in the declaration and on the condominium plat and shall include all improvements contained within such area except those excluded in the declaration. "Conversion," "convert," or like words means the offering for sale by a developer or his or her agent of a condominium unit occupied or rented for any purpose by any person before commencement of a condominium project which includes such unit. "Declaration" means the declaration referred to in the Illinois Condominium Property Act. "Developer" means any person who submits property legally or equitably owned by him or her to the provisions of the Illinois Condominium Property Act including any successor to such developer's entire interest in the property; or any person who offers units legally or equitably owned by him or her for sale in the ordinary course of his or her business". Developer" does not include a corporation owning and operating a cooperative apartment building unless more than six units are to be sold to persons other than current stockholders of the corporation. "Offering" means any indictment, solicitation, advertisement, publication or announcement by a developer to any person or the general public to encourage a person to purchase a condominium unit in a condominium or prospective condominium. "Person" means a natural individual, corporation, partnership, trustee or other legal entity capable of holding title to real property. "Property report" means the property report required in accordance with Section of this chapter. Title 17: Harwood Heights Zoning Ordinance 68

71 "Prospective purchaser" means a person who visits the condominium project site for the purpose of inspection for possible purchase or who requests the property report. (Or (part)) Common areas: maintenance and responsibilities. A. All condominium associations shall be responsible for all on-site traffic and parking control, snow removal, signing, sewers, water lines and lighting. In accordance with the Illinois Condominium Property Act, 765 ILCS 605/18.4, as amended, the condominium association shall "provide for the operation, care, upkeep, maintenance, replacement and improvement of the common elements" and shall be responsible for the remedy of any code violations pertaining to the common areas. B. The village shall have the right of easement to enter such common areas for the purpose of emergency for fire, police, and enforcement of its ordinances and the plat shall so provide. Such common area shall remain the property of the condominium, and the village shall not accept a dedication of these elements or the responsibility of maintenance. The association shall maintain the area and adjoining public parkway in a clean condition, free of debris, leaves and trash. C. Garbage and trash disposal containers shall be provided in a location screened from view in an area to avoid a minimum of noise and smell. Pickup shall be at least twice a week for all structures containing twelve (12) or more units. (Or (part)) Subdivision plat of condominiums. A. Approval of a subdivision plat for any conversion into or construction of condominium units shall be required using the procedures set forth in subdivision regulation in Title 16 of the village code. B. No condominium plat shall be recorded without the prior approval of the village, nor permits issued for the construction or conversion of the same without said approval. No plat of condominium shall be recorded without complying with the requirements of this chapter. C. In addition to the regulations in Title 16, all condominium developments shall provide a property report as described in Section D. All condominium conversions shall comply with the requirements specified in Section of this chapter. (Or (part)) Title 17: Harwood Heights Zoning Ordinance 69

72 Contents of property report. A property report is required for all condominium developments and shall contain the following: A. A statement indicating name and address of: 1. The developer and legal and beneficial owner, if different, of the land and improvements, including all general partners of a partnership or principal executive officers and directors of a corporation; 2. Interim and permanent mortgages or construction lenders secured by a blanket encumbrance; and 3. The principal sales and management agents, attorneys, accountants, architects, engineers and contractors for the project. B. A description of all property and improvements including the following: 1. Map, plat, or architect's drawing showing location and dimensions of the condominium project and the land it occupies together with all improvements, including recreational facilities, proposed construction and present and planned location of streets and driveways; 2. The share of ownership of each unit in the common elements. The identity of owners of such condominium unit including the percentage of former renters who have purchased or contracted to purchase a condominium unit when the property is a conversion, if know. If such units are owned in trust or by nominees, the beneficiaries or principal shall be named, if known; 3. A description of all of the common elements in the project including a description of all existing and proposed recreational facilities and other such facilities with the project. Limited common elements, if any, and their ownership shall also be indicated; 4. A description of the nature and ownership of all improvements occupying the same zoning lot but which are not part of the condominium; 5. Location, nature and ownership of easement streets and driveways on or contiguous to the condominium; 6. The identification of drawings, architectural plans and other suitable documents setting forth the necessary information for location, maintenance and repair of all condominium facilities and equipment, to Title 17: Harwood Heights Zoning Ordinance 70

73 the extent these documents exist, their location, and times at which they may be inspected; 7. Projected initiation and completion dates, for proposed construction, renovation and conversion; 8. A description of limitations upon uses permitted in individual condominium units as contained in the declaration, and bylaws of the condominium association and applicable zoning provisions. Such description shall state whether or under what conditions the condominium units may be rented together by the unit owner. Bylaws must require condominium owners to live in their unit for at least one year before renting the unit; 9. Statement as to whether a purchaser may purchase more than one unit and under what circumstances or conditions; and 10. Statement of legal ownership, listing all restrictions, notices, lis pendens and encumbrances or record. C. A statement on the first page the following statement in capital letters, in a type size and style equal to at least ten (10) point bold type: VILLAGE OF HARWOOD HEIGHTS LAW SPECIFICALLY PROHIBITS ANY REPRESENTATION TO THE EFFECT THAT THE VILLAGE HAS PASSED UPON THE MERITS OF OR GIVEN APPROVAL TO MAKE OR CAUSE TO BE MADE TO ANY PROSPECTIVE PURCHASER ANY REPRESENTATIONS WHICH DIFFER FROM THE STATEMENTS IN THIS PROPERTY REPORORAL REPRESENTATION CANNOT BE RELIED UPON FOR CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER AND ARE NOT BINDING ON THE DEVELOPEREFER TO THE PROPERTY REPORT FOR BINDING REPRESENTATION. D. Method of timing of transfer of control of the condominium to the board of managers and the nature and extent of any interest retained by the developer thereafter. E. A statement disclosing the existence of penalties if the construction, renovation, conversion or completion date is not met and the additional costs to be imposed upon unit owners if such date is not met. F. The nature and extent of any protection of a purchaser if the developer defaults on blanket encumbrances. Title 17: Harwood Heights Zoning Ordinance 71

74 G. A statement of any litigation which would affect the condominium or the developer's ability to convey clear title. H. A statement of the current taxes and estimated changes in the tax assessment of the condominium units which buyers may encounter during the first two years. I. Copies of the forms of sales documents applicable to the individual units, including, but not limited to: 1. Basic purchase contract form being used by the developer; 2. Deeds of conveyance; and 3. Deed of trust, mortgage and promissory note, if any. J. Statement of sales prices, terms, options and conditions of sale of each unsold unit, including estimated closing and settlement costs and transfer taxes. K. Statement of estimated monthly payments for each unit to be itemized as to taxes, utilities, operating costs, assessments, parking, recreational facilities and all other payments in the first year after the projected date of assumption of control by the board of managers. L. If financed by the developer, the proposed financing of each unit, including percent of sales price required for down payment, duration of the loan interest rate, service charge, appraisal charge, closing charges and total monthly payment. M. A description of all appliances and personal property included with each unit. N. Documentation. 1. Copies of the following documents: a. The Declaration and Plan. However, prior to the recordation of the declaration, a preliminary declaration and plat may be supplied, provided it is accompanied by a statement in capital letters in a type size and style equal to at least ten (10) point boldface type as follows: THE DESCRIPTION OF UNITS AND PERCENTAGE OF OWNERSHIP INTEREST IN COMMON ELEMENTS HEREIN IS PRELIMINARY AND MAY BE CHANGED IN MATERIAL RESPECTS UPON THE RECORDING OF THE DECLARATION AND PLAT; b. The articles of incorporation or charter of the condominium association, if any; and Title 17: Harwood Heights Zoning Ordinance 72

75 c. The bylaws and regulations of the condominium association. 2. A description of the following documents: a. Any leases of real or personal property in the condominium expiring later than two years after the first unit is offered for sale; b. Any management contract, employment contract, insurance policy, or other contract affecting the use, maintenance or access of all or parts of the condominium expiring later than two years after the first unit is offered for sale; c. The coverage and amounts of insurance policies applicable to the condominium, maintained by or on behalf of the developer; and d. Any warrantees disclosing the terms and limitations thereof provided for all structural and other elements including, but not limited to, the: foundation; roof; flooring; plumbing, mechanical and electrical systems; fixtures and appliances; finishes; common areas; landscaping; and paving. e. If no warranty exists for any one or more of the elements, the following statement must be inserted in the property report in capital letters in a type size and style equal to at least ten (10) point bold type: THE DEVELOPER HAS NOT PROVIDED A WARRANTY FOR (HERE NAME ELEMENT). 3. A statement of management and expected management costs of the condominium including: a. Name of management agent, if any, and the services the agent will perform; b. Length of term of any management contract, its costs and the circumstances if any under which the charges may be increased; c. The conditions, if any, under which the contract may be cancelled or terminated; and d. A statement stating the relationship between the developer and the management firm and their respective corporate officers and controlling interests, if any. Title 17: Harwood Heights Zoning Ordinance 73

76 4. An estimated operating budget, including the basis on which each item included in such operating budget was formulated for the condominium projected for a period of one year from the expected date that control of the condominium project passes to the board of managers. The operating budget shall include at least the following: a. Operating costs: (a) Utilities, (b) Heating fuels, (c) Janitorial services, (d) Trash and garbage disposal, (e) Ground and building maintenance, (f) Security, (g) Maintenance and operation of recreational and other facilities, (h) Building insurance, (i) Elevator maintenance, (j) Sidewalks and street maintenance, and (k) Other operating costs; b. Management costs: (a) Accounting and bookkeeping services, (b) Legal services, and (c) Management fees; c. Reserve costs: (a) Reserve for improvements, (b) Reserve for unexpected repair work, (c) Reserve for replacement and upkeep of common areas and facilities, (d) Reserve for taxes and special assessments, and Title 17: Harwood Heights Zoning Ordinance 74

77 (e) If no reserve is provided for any one or more of the costs listed herein, the following statement must be inserted in the property report in capital letters in a type size and style equal to at least ten (10) point bold type: THE DEVELOPER HAS NOT PROVIDED A RESERVE FOR CERTAIN POSSIBLE FUTURE COSTS OF THE CONDOMINIUM IN HIS BUDGEACCORDINGLY, IT MAY BE NECESSARY TO PROVIDE FOR A SPECIAL ASSESSMENT TO ALL CONDOMINIUM UNIT OWNERS TO PAY FOR SUCH COSTS SHOULD THEY OCCUR. d. Provisions, if any, the developer has made to cover the proposed operations and maintenance budget in the event an insufficient number of units are sold. 5. Common Elements. A statement of whether, and under what circumstances, the unit owners are required to be a member of, support, or participate financially in recreational facilities such as, but not limited to, health clubs, exercise rooms, swimming pools, party rooms and golfputting greens. If any such facility is not part of the common elements, the following statement shall be included in capital letters in a type size and style equal to at least ten (10) point bold type: THE (HERE NAME FACILITIES) ARE NOT INCLUDED IN THE COMMON ELEMENTTHESE FACILITIES ARE AVAILABLE TO UNIT OWNER FOR (HERE DESCRIBE MONTHLY CHARGE AND INITIATION FEEUNIT OWNERS ARE/ARE NOT (AS APPLICABLE) REQUIRED TO PARTICIPATE FINANCIALLY. 6. A description of the location, ownership, and availability to unit owners and the general public of accessory off-street parking associated with the condominium. If all of such parking facilities are not (a) part of the common elements, or (b) divided as individual parking spaces among and designated as being part of the units, the following statement shall be included in capital letters in a type size and style equal to at least ten (10) point bold type: PARKING FACILITIES ASSOCIATED WITH THIS BUILDING ARE NOT OWNED BY THE UNIT OWNERS AND MAY BE SUBJECT TO BEING DENIED TO OR TAKEN FROM UNIT OWNERS. Title 17: Harwood Heights Zoning Ordinance 75

78 (Or (part)) 7. The following statement if there are any restrictions upon the free sale, transfer, conveyance, encumbrance or leasing of a unit, shall be inserted in capital letters in a type size and style equal to at least ten (10) point bold type: THE SALE, LEASE OR TRANSFER OF YOUR UNIT IS RESTRICTED OR CONTROLLED. a. Immediately following this statement, there shall appear a reference to the documents, articles, paragraphs, and pages in the property report where the restriction, limitation or control on the sale, lease or transfer of units is set forth or described in detail. 8. The signature of the executive officer of the developer and statement affirming that the report and supplements, modifications and amendments are true, full, complete and correct. 9. The developer shall amend the property report from time to time when any material changes occur in any matter contained in such reports. Amendments shall be made as soon as practicable after such change occurs or the developer has reason to know of such change. Amendments shall be attached to reports subsequently distributed to prospective purchasers and shall be immediately distributed to the village zoning officer and to all persons who have purchased or agreed to purchase condominium units. 10. Not later than thirty (30) days prior to the recording of the declaration and the plat, the developer shall give notice of any material changes in said declaration and plat as described in the property report to each person who has executed a contract to purchase a unit Condominium development standards for new construction. All newly constructed condominium developments shall follow the regulations set forth in the Illinois Condominium Property Act, 765 ILCS 605/1 et seq., as amended, and, in addition, the following: A. All condominiums shall comply with all applicable zoning regulations, including open space and parking requirements for the zoning district in which they are located. Title 17: Harwood Heights Zoning Ordinance 76

79 B. All residential condominiums shall contain a minimum storage space of two hundred (200) cubic fees. All such storage areas are to be located in areas other than the condominium unit. C. Separate gas, electric and water meters and shut-off valves shall be provided for each unit in a residential condominium, common gas and water meters may be provided for each building provided that the valving is arranged so that the gas and water service to each unit is accessible from outside the unit and can be shut off without shutting of any other unit's service. Each unit shall have a separate hot water heater, furnace, and if residential, air conditioning system. D. All walls, ceilings and floors separating the units shall be soundproof and all residential units shall comply with the O'Hare Noise Compatibility Commission's O'Hare Residential Sound Insulation Program standards. E. All residential condominium buildings with fifty (50) units or more shall provide an assembly or meeting area, which shall include bathroom and kitchen facilities, of not less than three hundred (300) square feet and an additional four and one-half square feet for each unit over fifty (50). F. All units shall be provided with washer and dryer hook-ups. In the absence of inunit hookups, common laundry facilities located within the condominium building shall be provided with one washer/dryer per five units for buildings with less than fifty (50) units and one washer/dryer per ten (10) units for buildings with more than fifty (50) units. G. Efficiency units shall not exceed ten (10) percent of the total number of units in the condominium development and the total number of efficiency and onebedroom units combined shall not exceed twenty-five (25) percent of the total number of units in the condominium development, unless the condominium development is specifically designed to serve residents that are fifty-five (55) years of age or older or residents with special needs and the development receives special use approval. H. All permitted efficiency units in a residential condominium building shall have a minimum of three hundred (300) square feet; all permitted one-bedroom units shall have a minimum of four hundred fifty (450) square feet; and all permitted two-bedroom units shall have a minimum of six hundred fifty (650) square feet. (Or (part)) Title 17: Harwood Heights Zoning Ordinance 77

80 Condominium development requirements for conversions. A. A special use permit as outlined in Section shall be required for all condominium conversions. No building or land previously granted a variation to any zoning, building or subdivision ordinance shall be converted into condominiums unless the current requirements of the applicable ordinance are met. B. In addition to all other special use application requirements, the applicant shall provide a property conditions report from a qualified licensed engineer or registered architect describing the condition and expected useful life of the roof, foundation, external and supporting walls, mechanical, electrical, plumbing, heating, and structural elements and all other common facilities, together with an estimate of repair and replacement costs, for those items needing repair or replacement, at current market prices. This report shall include the approximate dates of major repairs to such facilities. There shall be attached to such report: 1. A statement of the developer that no notice of violations of the building, zoning, or property maintenance codes and regulations of the village pertaining to the condominium building and property have been received by the owner or his or her predecessors for ten (10) years preceding the property report and its latest amending; or 2. A list of all notices of violations of such codes and regulations of the village received, together with a detailed statement of all violations referred to in such notices, for the prior ten (10) years; and 3. A statement of the developer demonstrating compliance with the condominium conversion requirements in subsection C of this section. C. Condominium conversions must comply with all applicable building codes including/in addition to the following. In order to achieve compliance with these requirements, the village may require a reconfiguration of one of more of the existing units or common areas (e.g., change in the number of bedrooms, floor area and/or location) and/or a reduction in the total number of units: 1. All condominium units shall have a separate electrical service with a separate meter and disconnect; 2. All condominium units shall be served by a minimum of one hundred (100) Amp electric service with at least one or more grounded electrical outlet per wall for common areas; 3. All condominium units shall have a maximum spacing of twelve (12) feet between electrical outlets and comply with the current electrical code; Title 17: Harwood Heights Zoning Ordinance 78

81 4. All condominium units shall have hardwired emergency egress lighting with battery back-up that meets the current building code; 5. All condominium units shall have hardwired smoke detectors with battery back-up in all bedrooms and within fifteen (15) feet of all sleeping areas and be installed in accordance with the manufacturer's specifications; 6. If the residential building or structure contains a fossil fuel-powered appliance, wood-powered appliance, or fireplace which is within the interior of the building or structure, then all condominium units within such building or structure shall have no less than one approved hardwired carbon monoxide detector with battery back-up within fifteen (15) feet of all sleeping areas and be installed in accordance with the manufacturer's specifications; 7. If over ten (10) years old, every condominium unit shall be provided with individual systems for heat, electricity, hot water and air conditioning; 8. All plumbing fixtures shall be in good working order including water shutoffs at all water sources. Valving shall be arranged so that the water service to each unit is accessible from outside the unit and can be shut off without shutting of any other unit's service. If the plumbing system is over thirty (30) years old, new risers and horizontals shall be provided unless the existing fixtures are copper; a. All buildings shall provide a minimum water pressure of twenty (20) psi at the top of the riser; b. All tub and shower controls shall be anti-scold, pressure balanced fixtures; c. Tub surrounds shall be water-tight and free of mold and mildew; 9. If over ten (10) years old, all kitchen appliances provided shall be replaced with new appliances; 10. All surfaces including ceilings, walls, floors, counter tops, and cabinetry shall be in new or like new condition; 11. Exterior lighting at all building entries and exists shall meet current building code requirements; 12. All windows shall be thermal pane and shall meet current building code requirements; Title 17: Harwood Heights Zoning Ordinance 79

82 13. Tempered or safety glass doors and windows shall meet current building code requirements; 14. A minimum storage space of one hundred twenty-eight (128) cubic feet must be provided and located in an area other than the condominium unit; 15. A minimum of one parking space per unit or the existing availing parking must be provided, whichever is greater; 16. All residential condominium buildings with fifty (50) units or more shall provide an assembly or meeting area, which shall include bathroom and kitchen facilities, of not less than three hundred (300) square feet and an additional four and one-half square feet for each unit over fifty (50); 17. All units shall be provided with washer and dryer hook-ups. In the absence of in-unit hookups, common laundry facilities located within the condominium building shall be provided with one washer/dryer per five units for buildings with less than fifty (50) units and one washer/dryer per ten (10) units for buildings with more than fifty (50) units; 18. For all residential condominium buildings with more than sixteen (16) units, efficiency units shall not exceed ten (10) percent of the total number of units in the condominium development and the total number of efficiency and one-bedroom units combined shall not exceed twentyfive (25) percent of the total number of units in the condominium development, unless the condominium development is specifically designed to serve residents that are fifty-five (55) years of age or older or residents with special needs; 19. All permitted efficiency units in a residential condominium building shall have a minimum of three hundred (300) square feet, all permitted onebedroom units shall have a minimum of four hundred fifty (450) square feet, and all permitted two-bedroom units shall have a minimum of six hundred fifty (650) square feet; D. All other standards applicable to the zoning district in which the property is located. Title 17: Harwood Heights Zoning Ordinance 80

83 E. As part of their consideration of a special use permit, the plan commission or village board may waive or reduce the above condominium conversion requirements upon a finding that the applicant has demonstrated all of the following: 1. The requirements pose an undue economic hardship, are financially infeasible, and/or are impractical. Such a claim of hardship or infeasibility shall be supported with detailed cost estimates for each requirement to be modified or waived, total improvement costs, revenue projections and such other supporting documentation and materials as the plan commission or village board may require as necessary to make such a finding; 2. The proposed conversion will not be detrimental to the public health, safety and general welfare of the occupants of the building or surrounding properties, and the use is consistent with the purpose and intent of this title and the specific zoning district in which it will be located; 3. The proposed conversion is compatible in intensity, characteristics and appearance with existing land uses in the immediate vicinity within the zoning district. Factors in determining compatibility include, but are not limited to, location, noise, odor, light, dust control, and hours of operation; 4. The proposed conversion will improve the quality and condition of the building and the dwelling units within it to a far greater extent than if the conversion were not made; 5. The proposed conversion expands the range of housing types in the village by providing additional opportunities for home ownership at a location, price point or type of unit that is in demand and undersupplied; and 6. The conversion complies with all other criteria for a special use permit contained in Section (C), provided that buildings that are nonconforming in terms of the number of units in a buildings or on a lot, bulk standards (e.g., setbacks, building height, lot coverage, etc.), and/or site improvements (e.g., landscaping, screening, etc.), may be deemed to comply with the standards of zoning district provided the plan commission and village board find that the nonconforming elements were legally established and comply with all other criteria set forth in this subsection. Title 17: Harwood Heights Zoning Ordinance 81

84 F. Notice to tenants of intent to declare submission of the property for consideration to convert into a condominium development is required as follows: 1. No less than one hundred twenty (120) days prior to recording the declaration subject to the provisions of the Illinois Condominium Property Act, 765 ILCS 605/1 et seq., as amended, a developer shall give notice of such intent to record to all persons who are tenants of the building on the property on the date the notice is given. 2. Any person who was a tenant as of the date of the notice of intent and whose tenancy expires other than for cause prior to the expiration of one hundred twenty (120) days from the date on which a copy of the notice of intent was received by the tenant shall have a right to an additional tenancy on the same terms and conditions and for the same rental unit until the expiration of such one hundred twenty (120) day period by the giving of written notice thereof to the developer within thirty (30) days of the date upon which a copy of the notice of intent was received by the tenant; provided, that in the case of any tenant who is over sixty-five (65) years of age, or who is deaf or blind or who is unable to walk without assistance, said tenant shall have the right to an additional tenancy on the same terms and conditions and for the same rental for one hundred eighty (180) days following receipt of said notice of intent to record by giving notice as aforesaid. 3. During the period of one hundred twenty (120) days following receipt of the notice of intent, and during a period of one hundred eighty (180) days following receipt of notice of intent in the case of any person who is over sixty-five (65) years of age, or who is deaf or blind or who is unable to walk without assistance, any person who was both a tenant on the date of notice of intent and a current tenant shall have the right of first refusal to purchase his or her unit. The tenant must exercise the right of first refusal, if at all, by giving notice thereof to the developer prior to the expiration of thirty (30) days from the giving of notice by the developer to the tenant that a contract to purchase the unit has been executed. Each contract for sale of a unit shall conspicuously disclose the existence of, and shall be subject to, such right of first refusal. The statement in the deed conveying the unit to a purchaser to the effect that the tenant of the unit waived or failed to exercise the right of first refusal or had no right of first refusal with respect to the unit shall extinguish any legal or equitable right or interest to the possession or acquisition of the unit which the tenant may have or claim with respect to the unit arising out of the right Title 17: Harwood Heights Zoning Ordinance 82

85 (Or (part)) of first refusal provided for in this section. The forgoing provisions shall not affect any claim which the tenant may have against the developer for damages arising out of the right of first refusal provided in this section. 4. The above notwithstanding, the developer may require the tenant to vacate the unit the tenant wishes to purchase while all repairs and upgrades noted in the property conditions report and/or those required by the village are undertaken. In the event such a vacation is required, the developer shall indicate the maximum time period of such required vacancy, not to exceed a period of one year after the notice required by this subsection. During the period of the required vacancy, the developer shall be under no obligation to find temporary housing for tenant/purchasers. 5. No occupied unit shall be shown to any purchaser or prospective purchaser for thirty (30) days after notice of intent to record, as provided herein, is given. 6. Any notice provided for in this section shall be given by a written notice delivered in person or mailed, certified or registered mail, return receipt requested, to the party who is being given the notice Certificates of occupancy/inspection. A. No unit in any condominium may be sold or transferred after the effective date of this title unless a certificate of occupancy has been issued by the building commissioner stating that the condominium unit complies with the conversion element provisions of this title. For that purpose, the applicant shall submit asbuilt drawings of the building and site development certified by a registered architect. B. Once a certificate of occupancy has been issued, a certificate of inspection shall be secured for the resale of any unit of which was originally designed and sold under the Illinois Condominium Property Act, 765 ILCS 605/1 et seq., as amended. C. No certificate of occupancy or inspection shall be issued, no sale of a unit shall be made, and no condominium plat approved where the requirements of any ordinance of the village concerning any zoning, building, or subdivision provisions are currently not being complied with by the building located on the property and by the common area. Title 17: Harwood Heights Zoning Ordinance 83

86 D. The fees for inspection shall be paid by the applicant or the owner association or owner if the village is compelled to inspect to insure compliance with this title. (Or (part)) Requirements for developer of more than six units. A. Not later than the offering for sale of the first unit, a developer of a condominium of more than six units must: 1. Have a property report available for distribution to each prospective purchaser and for examination by the village zoning offices. A developer may make a charge, not to exceed five dollars ($5.00), for each report so distributed; 2. Make available for inspection by prospective purchasers copies of all documents that were filed or required to be filed in connection with the condominium project with the recorder of deeds of Cook County; 3. Keep a receipt signed by each purchaser acknowledging that the person entering a contract to purchase has received and has had an opportunity to review the property report. Such receipts are to be kept on file in the possession of the developer for a period of three years from the date of signature of the purchaser and such receipts are subject to the inspection of the zoning officer at any reasonable time. B. The board of managers shall keep a copy of the latest property report for seven years following the date of the property report's initial distribution. Upon reasonable notice, the property report shall be made available for inspection by any prospective purchaser of a unit from a unit owner. (Or (part)) Misrepresentation or omission. A. No person shall with the intent that a prospective purchaser rely on such act or omission, advertise, sell or offer for sale any condominium unit by: (Or (part)) 1. Employing any statement or pictorial representation which is false; or 2. Omitting any material statement or pictorial representation. Title 17: Harwood Heights Zoning Ordinance 84

87 Discrimination. No person shall be denied the right to purchase or lease a unit on the basis of race, color, religion, sex, national origin, ancestry, age, marital status, physical, mental or perceived handicap, disability, sexual orientation, parental status, source of income, housing status, familial status or unfavorable discharge from military service. (Or (part)) Participation in recreational facilities not owned in fee by unit owners. The developer may not require nor, except as established by the board of managers following assumption of control by unit purchasers, may the condominium bylaws require that a unit owner be a member of or participate in recreational or similar facilities which are not owned in fee by the unit owners or by an association in which they are members, individually or through the board of managers. (Or (part)) Examination of records by unit owners. No person shall fail to allow unit owners to inspect the financial books and records of the condominium association within three business days of the time written request for examination of the records is received. (Or (part)) Rights, obligations and remedies. The rights, obligations and remedies set forth in this chapter shall be cumulative and in addition to any others available at law or in equity. The village or any prospective purchaser, purchaser, or owner of a unit may seek compliance of any provision of this chapter. (Or (part)) Title 17: Harwood Heights Zoning Ordinance 85

88 CHAPTER OFF-STREET PARKING AND LOADING Sections: Scope of regulations Permissive parking and loading facilities Damage or destruction Existing parking facilities Computation Construction of parking and loading facilities Collective provisions Land banked future parking Location of off-street parking spaces Design standards Use Accessible Parking Parking in yards Control of off-site parking facilities Required spaces Off-street loading Design Standards for Access Driveways Stacking spaces for drive-through facilities Commercial vehicles Scope of regulations. The off-street parking and off-street loading provisions of this title shall apply as follows: B. Accessory off-street parking and off-street loading facilities shall be provided as required by the regulations of this chapter for all buildings and structures erected, altered, or enlarged and all uses of land established in each district. Title 17: Harwood Heights Zoning Ordinance 86

89 C. When the intensity of use of any building, structure, or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity, or other units of measurement in the amount specified herein requiring parking or loading facilities, such required parking and loading facilities for only the addition shall be provided. D. Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of this title, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use, if the latter were subject to the parking and loading provisions of this title. (Prior code ) Permissive parking and loading facilities. Nothing in this title shall be deemed to prevent the voluntary establishment of off-street parking and loading facilities to serve any existing use of land or buildings, provided that there is adherence to all regulations herein governing the location, design, and operation of such facilities. (Prior code ) Damage or destruction. When any conforming or nonconforming building or use which is in existence on the effective date of this title, which is restored and continued in operation after being damaged or destroyed by fire, collapse, explosion, or other cause, to the extent that the cost of restoration does not exceed sixty (60) percent of the assessed value, there may be provided only the off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this title for equivalent new uses or construction. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 87

90 Existing parking facilities. Accessory off-street parking facilities in existence on the effective date of this title and location on the same lot as the building or use served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this title. (Prior code ) COMPUTATION The total number of required parking and loading spaces shall be based upon the requirements for the principal use of the lot. However, when more than one (1) use occupies the same lot, the number of required spaces shall be the sum of the separate requirements for each use. All off-street parking facilities shall be completed before occupancy of the building or structure served. In computing the number of off-street parking or loading spaces required by this Section, the following standards for computation shall apply: A. Space allocated to any off-street loading space shall not be used to satisfy the requirement for any off-street parking space or access aisle, or portion thereof. Conversely, the area allocated to any off-street parking space shall not be used to satisfy the replacement for any off-street loading space or portion thereof. B. A fraction of less than one-half (½) may be disregarded, and a fraction of onehalf (½) or more shall be counted as one (1) parking or loading space. C. In places of assembly in which patrons or spectators occupy benches, pews or similar seating facilities, each eighteen (18) inches of such seating facility shall be counted as one (1) seat for the purpose of determining the requirement for offstreet parking facilities. D. Except as otherwise specified, parking or loading spaces required on an employee basis shall be based on fifty (50) percent of the maximum number of employees normally present on the premises at any one time. When the determination of the number of parking spaces is based on the number of employees, the owner and/or manager shall be counted as an employee(s). Title 17: Harwood Heights Zoning Ordinance 88

91 CONSTRUCTION OF PARKING AND LOADING FACILITIES A. Site Plan Review Required Site plan review by the Zoning Officer is required prior to any construction, alteration or addition of any parking facility providing ten (10) or more parking spaces, and for any loading facility. For purposes of this section, construction, alteration or addition shall include all paving of previously unpaved surfaces, replacement of pavement with new binder and surface courses, construction of curbing, installation of new parking lot landscaping, and similar activities. Construction, alteration or addition shall not include maintenance activities such as replacement of existing landscaping, repair of existing curbing, repairs, sealing, re-striping, or placement of surface course pavement over previously paved areas. No permit shall be required for maintenance activities. B. Time of Completion Off-street parking and loading facilities required by this Section shall be completed prior to the issuance of the occupancy permit for the use they serve. If weather conditions do not permit such completion, the Zoning Administrator may issue a temporary occupancy certificate COLLECTIVE PROVISIONS A. Off-street parking spaces for individual uses may be provided collectively if the total number of spaces provided is equal to or greater than the sum of the spaces required for each individual use. No parking space, or portion of a space, shall serve as the required space for more than one similar use, but can be shared among two or more individual uses under the following shared parking arrangements described in Paragraph B below. B. The use of a particular parking facility shall not occur by each use at the same time. The use with the highest demand must provide all required spaces. No shared use of parking spaces shall be permitted unless: 1. The users of the shared parking facility shall sign an agreement, approved by the Village Attorney, expressing the intent to share parking facilities. This agreement shall be filed with the Village and recorded with the Cook County Recorder of Deeds. Title 17: Harwood Heights Zoning Ordinance 89

92 2. Approval is obtained from the Zoning Administrator that confirms that the use of such facility by each user does not take place at the same hours during the same days of the week. 3. The location and design requirements of this Section are met. 4. Any subsequent change in ownership or use shall require proof that the minimum parking requirements, per this Section, have been met for each use. The owner of a building or use shall have one-hundred eighty (180) days within which to accommodate all required off-street parking or to apply for a variance. If the owner is unable to accommodate the parking or fails to apply for a variance, then the occupancy certificate shall be revoked with respect to the building or use for which the separate parking was required. The occupancy certificate shall be reinstated when all applicable provisions of this Section are complied with. As an alternative to a variance, a new shared parking agreement may be arranged in accordance with this Section LAND BANKED FUTURE PARKING The Zoning Officer may permit land banking of up to twenty-five percent (25%) of the required parking spaces through the review and approval process. A. Sufficient evidence shall be provided by the applicant that supports the reduced parking needs. B. The area proposed for land banking of parking spaces shall be an area suitable for parking at a future time. C. Landscaping of the land banked area shall be in full compliance of the zoning regulations and at a minimum landscaped with turf. As a result of the plan review and approval process, the Zoning Officer may require additional landscaping of the land-banked area. D. The land banking area cannot be used for any other use without amendment of the site plan. E. As part of the plan review and approval process, the applicant shall show the area to be banked on the site plan and marked as land banked future parking. Title 17: Harwood Heights Zoning Ordinance 90

93 F. The Zoning Administrator, on the basis of increased parking demand for the use, shall require the conversion of all or part of the land-banked area to offstreet parking spaces LOCATION OF OFF-STREET PARKING SPACES A. Residential Uses 1. All required parking spaces for residential uses shall be located on the same lot as the building or use served. 2. For single- and two-family dwellings, parking shall be permitted in private driveways, but no such parking may encroach onto the public right-of-way. However, such driveway parking shall not be considered as satisfying the off street parking requirements for such single- and two-family dwellings as set forth in this Section. 3. No less than fifty percent (50%) of all required parking in a residential district shall be provided in a completely enclosed building. However, parking located beneath a structure that is no less than four (4) feet below grade, as defined by this Ordinance, may be unenclosed, but must be screened from the public rightof-way by landscaping. 4. Tandem parking is permitted for townhouse or multi-family dwellings but both spaces must be allotted to the same dwelling unit and located on the same lot as the dwelling. B. Non-Residential Uses 1. All required off-street parking areas for non-residential uses shall be located on the same lot as, or within three-hundred (300) feet of, the building or use served. However, off-street parking accessory to a non-residential use shall not be located in any R-1, R-2, R-3 or R-4 District. 2. When required off-street parking spaces are provided at an off-site parking area, there shall be compliance with regulations set forth in Section for required accessory parking spaces not located on the same lot as the principal use or structure. Title 17: Harwood Heights Zoning Ordinance 91

94 3. Off-street parking spaces are permitted within any rear or interior side yard. However, where a yard abuts a residential district, no off-street parking spaces shall be permitted within five (5) feet of the lot line abutting the residential district. 4. No required off-street parking spaces are permitted within a required front or corner side yard. (Prior code ) DESIGN STANDARDS All off-street parking facilities shall comply with the following standards: A. Dimensions 1. Off-street parking spaces shall be shall be designed in accordance with Table : Parking Dimensions and Figure : Parking Dimensions. 2. All parking spaces shall have a minimum vertical clearance of seven feet six inches (7 6 ). B. Access 1. Each required off-street parking space shall open directly upon an aisle or driveway of a width and design in accordance with standards set forth in Table : Parking Dimensions. However during the review and approval process, the Zoning Officer may approve a reduction in the minimum width of a drive aisle for a private multi-family residential off-street parking area. 2. All required off-street parking facilities shall have vehicular access from a street, alley, driveway or cross-access connection. 3. All off-street parking facilities shall be provided with appropriate means of vehicular access in a manner that least interferes with traffic movement and allows the driver of the vehicle to proceed forward into traffic rather than back out. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 92

95 Table Parking Dimensions Drive Aisle Width Parking Angle Stall Width Stall Length One Way Two Way: 20 Spaces or Less Two Way: 21 Spaces or More 1 0 (Parallel) 9' 23' 14' 20' 24' 30 9' 18' 14' 20' 24' 45 9' 18' 14' 20' 24' 60 9' 18' 14' 20' 24' 90 (Perpendicular) 9' 18' 24' 24' 24' 1 Drive aisles providing access to two (2) or more loading spaces must also be 24' wide Figure : Parking Dimensions Title 17: Harwood Heights Zoning Ordinance 93

96 C. Surfacing All open off-street parking areas and access driveways to such areas shall be paved with hard, durable, plant mix, asphaltic paving at least two inches thick after compacting over an eight-inch stone base or with Portland cement paving at least four inches thick. Semi-pervious materials such as grass-crete and brick pavers may also be used, subject to the approval of the Zoning Officer. D. Striping Off-street parking areas of four (4) or more spaces shall delineate parking spaces with paint or other permanent materials, which shall be maintained in clearly visible condition. Parking spaces for handicapped persons shall be identified with the appropriate sign and shall be visible at all times of the year, regardless of snow cover, plant growth or similar conditions. E. Curbing and Bumper Stops Bumper stops, wheel stops, or curbing shall be provided to prevent vehicles from damaging or encroaching upon any adjacent parking or loading space, sidewalk, landscaped area or parking lot island, fence, wall, building, or adjoining properties.. Curbing shall be at least six (6) inches in height. The length of the parking stall shall be as indicated in Figure : Off-Street Parking Dimensions, however a eighteen (18) inch overhang is permitted. F. Drainage and Grading Adequate storm water drainage facilities shall be installed and connected with the storm sewers to insure that storm water does not flow onto abutting sidewalks, and cause any adjoining property damage or inconvenience. Except for parking spaces accessory to a single-family detached dwelling, no area of any parking facility, including loading spaces, shall have a slope of more than five percent (5%). No access ramp shall have a slope of more than twelve percent (12%). Finished grade and drainage shall be designed by an Illinois Registered Engineer and approved by the Zoning Officer. G. Lighting Illumination of an off-street parking area shall be arranged so as to deflect the direct rays of light away from adjacent properties and streets. In a parking area containing more than four parking spaces such lighting shall be extinguished one-half hour after the close of business, except as may otherwise be permitted or required by the plan commission for maintaining illumination with less candle power alter the time specified above. Title 17: Harwood Heights Zoning Ordinance 94

97 H. Landscaping and Screening Parking lots shall be landscaped in accordance with the requirements established in Chapter (Landscaping and Screening) of this title. I. Repair and Service No motor vehicle repair work and service of any kind shall be permitted in offstreet parking area. No gasoline or motor oil shall be sold in conjunction with any accessory parking facilities Use. Accessory off-street parking facilities required as accessory to uses listed herein, shall be solely for the parking of automobiles of patrons, occupants, occupants or employees. When bus transportation is provided for patrons, occupants, or employees of specific establishments, additional open or enclosed off-street parking spaces for each bus to be parked on the premises shall be provided in accordance with regulations herein for access, in yards, design and maintenance, and area applicable to accommodating such buses. (Prior code ) ACCESSIBLE PARKING A. Required Spaces With the exception of single- (detached and attached) and two-family dwellings, in all off-street parking facilities where parking is provided for employees, visitors, or both, parking spaces for disabled persons shall be provided. The number of accessible parking spaces shall be included in the total number of required parking spaces and shall be in accordance with the applicable requirements of the Illinois Accessibility Code, as amended from time to time, and all additional governing codes and applicable laws. B. Dimensions and Design Such spaces shall comply with the design standards presented in the State of Illinois Accessibility Code, provided that in no instance shall the width of any one (1) space be less than sixteen (16) feet. Such spaces shall be identified by a sign and pavement markings indicating parking for the disabled only. Such spaces shall be the spaces closest to the entrance of the building or structure, and shall be connected by a paved surface designed to provide safe and easy access. Title 17: Harwood Heights Zoning Ordinance 95

98 Parking in yards. A. Residential Districts. All off-street parking spaces, open to the sky, may be located in required interior yards and rear yards and shall not be less than a sum equal to ten (10) percent of the width of the lot. B. Business Districts. Required off-street parking may be located in a front, side, or rear yard not less than fifteen (15) feet from a property line adjoining a street, except when abutting a residential district not less than twenty-five (25) feet from the property line, which shall be maintained as landscaped area. C. Manufacturing Districts. No off-street parking shall be permitted on any front yard or side yard fronting a street. (Prior code ) Control of off-site parking facilities. In cases where parking facilities are permitted on a lot other than the lot on which the structure or use served is located, the owner of record of such lot shall be the same as the owner of record of the lot occupied by the structure or use in which the parking facilities are accessory. A covenant running with the land must be recorded in the office of the recorder of deeds of Cook County, Illinois, on the lot upon which the accessory off-street parking is located which prohibits any other use on that lot, and a copy of the recorded covenant certified by the recorder of deeds of Cook County, Illinois, must be deposited with the building inspector. The covenant shall not be released until such time as either one of the following conditions occur: A. The structure on the lot containing the principle use is removed and the principle use terminated; or B. Another lot of the required size within the required distance is properly developed and used for the required accessory off-street parking in place of and in lieu of the initial lot used for accessory off-street parking with the requirements, covenants, and conditions attaching to such substitute accessory use lot as approved by the same authority as required for approval of such initial lot. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 96

99 Required spaces. A. There shall be provided for each building, structure, and use hereafter erected, structurally altered, or enlarged, the minimum number of accessory off-street parking spaces in accordance with Table : Required Off-street Parking Spaces. For uses not specified, the zoning officer shall determine the requirements based on the requirements of the most similar listed use. B. In the B-1 District, on-street parking spaces that are adjacent to the front or side property line may be counted toward required off-street parking spaces. New onstreet parking spaces may be created to count toward required off-street parking but must be located adjacent to the side or front property line, must be accessible twenty-four (24) hours a day and must provide a sidewalk for public access. At least fifty percent (50%) of the width of an on-street space must be located along the property line of the property under consideration in order to count toward offstreet parking requirements. Off-street parking in a public parking lot shall not be considered part of the required parking. C. A fee-in-lieu of providing some or all of the required number of off-street parking spaces for non-residential uses in the B-1 and B-2 Districts may be granted by the Village. If approved, the owner of the property where a fee-in-lieu of required parking spaces is requested shall be responsible for paying the fee to the Village. The fee shall be established, from time to time, by resolution of the Village Board. Payments shall be placed into a Village fund to be used by the Village for the acquisition, construction and maintenance of public off-street parking facilities. Upon payment, the property granted the modification in the number of required off-street spaces shall be credited permanently by ordinance with the number of spaces for which payment was received by the Village. The fee-in-lieu of provision shall be applicable in the following circumstances: 1. New construction or where additional floor area in excess of fourhundred (400) square feet is added to an existing building may be granted by the Zoning Officer during the review and approval process. 2. A change to a more intensive use that requires more off-street parking than the previous use may be granted by the Zoning Board of Appeals. D. School. When the number of parking spaces as required herein is provided for an auditorium or other places of public assembly to a school, and when approved by the plan commission, additional parking spaces need not be provided when the Title 17: Harwood Heights Zoning Ordinance 97

100 number of parking spaces for such auditorium or other places of public assembly is equal to or in excess of the applicable requirements set forth in subsection D (1), (2) or (3) of this section: 1. Commercial or trade, music, dance or business: one space for each three students, based on the maximum number of students that can be accommodated in accordance with design capacity. 2. High, public or private: one parking space for each seven students based on the maximum number of students that can be accommodated in accordance with design capacity. 3. Nursery, elementary, or junior high, public or private: parking requirements shall be as provided by Section E. Other Uses. Parking spaces for other permitted uses not listed above shall be provided in accordance with requirements designated by the plan commission and in the case of conditional uses, as recommended by the plan commission and required by the village board. Title 17: Harwood Heights Zoning Ordinance 98

101 DU = Dwelling Unit GFA = Gross Floor Area GSA = Gross Service Area sf = Square Feet emp = Employee Dwelling and Lodging Uses Table Required Off-street Parking Spaces Required Off-street Parking Spaces Hotels and motels 1 per room + 1 per 100 sf GFA of dining/retail Lodging house and apartment hotels 1.25 per room or DU Multiple-family dwellings 2 per DU Single-family dwelling 1 per DU, 4 max. per DU Single-family semi-attached or attached dwelling 1 per DU, 3 max. per DU Two-family dwellings 2 per DU, 3 max. per DU Schools, Institutions and Auditoriums or Other Places of Assembly Auditoriums and auditoriums as accessory to institutional establishments Churches, chapels, temples and synagogues Colleges, junior colleges, and universities Gymnasiums, stadiums, grandstands, meeting halls, convention halls, and exhibition halls Hospitals Libraries, museums, art galleries, and aquariums Nursing homes and similar type establishments 1 per 5 seats, or 1 per 90 lineal ft. of seating space 1 per 5 seats, or 1 per 90 lineal ft. of seating space 1 per 900 sf GFA of classroom/assembly space. 1 1 per 5 seats, or 1 per 90 lineal ft. of seating space 2 <= 100 beds: 1 per bed beds: 1.1 per bed beds: 1.2 per bed > 500 beds: 1.3 per bed 1 per 800 sf GFA.25 per bed Private clubs and lodges 1 per lodging room + 1 per 5 seats 3 School See Section Paragraph D 2 Title 17: Harwood Heights Zoning Ordinance 99

102 Table Required Off-street Parking Spaces (Cont'd) DU = Dwelling Unit GFA = Gross Floor Area GSA = Gross Service Area sf = Square Feet emp = Employee Business, Commercial and Industrial Uses Offices Undertaking establishments and funeral parlors Warehouse, storage, wholesale, and mail order establishments Public utility and public service uses All other business and commercial establishments Required Off-street Parking Spaces 1 per 250 sf GFA 1 per 100 sf GFA + 1 per business vehicle 4 spaces + 1 per 1,500 sf GFA over 4,500 sf See Section (Employee Parking) 1 per 250 GFA Footnotes: 1 Based upon maximum number of students which can be accommodated in accordance with design 2 When such facilities for public assembly are accessory to a school, and when approved by the plan commission, the required number of parking spaces may be reduced by the number of spaces provided, as required herein for the applicable school. 3 In accordance with design seating capacity of the main meeting room. 4 Based upon the maximum number of persons that can be accommodated at the same time in accordance with such design capacity. 5 Parking spaces to accommodate automobiles awaiting entrance to the automobile laundry in equal numbers to ten (10) times the maximum capacity of the automobile laundry. "Maximum capacity," in this instance, means the greatest possible number of automobiles undergoing some phase of laundering at the same time. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 100

103 Off-street loading. There shall be provided off-street loading spaces not less than the minimum requirements specified in this chapter in connection with any building, structure, or use which is to be erected or substantially altered, and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles in accordance with the following: A. Location. 1. Accessory off-street loading spaces shall be located on the same lot as the principal use. 2. No permitted or required loading space shall be located within forty (40) feet of the nearest point of intersection of any two streets. No loading space shall be located in a front or side yard adjoining a street and any loading space located in a required rear yard shall be open to the sky. B. Size Unless otherwise specified in this title, a required off-street loading space shall be at least fourteen (14) feet in width and at least fifty-five (55) feet in length, exclusive of access drives, aisles, ramps, maneuvering space, columns, and work areas, and shall have a vertical clearance of not less than fifteen (15) feet. C. Access Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements. Each required off-street loading space shall open directly upon an aisle or driveway of a width and design in accordance with standards set forth in Table : Parking Dimensions. D. Surfacing All open off-street loading spaces, access drives, aisles, and maneuvering space shall be improved with a compacted base and a permanent wearing surface as approved by the zoning officer. E. Landscaping and Screening Illumination of an off-street loading area shall be arranged so as to deflect the direct rays of light away from adjacent properties and streets. Such lighting shall be extinguished one-half hour after the close of business, except as may otherwise be permitted or required by the plan commission for maintaining illumination with less candle power alter the time specified above. Title 17: Harwood Heights Zoning Ordinance 101

104 F. Landscaping and Screening Parking lots shall be landscaped in accordance with the requirements established in Chapter (Landscaping and Screening) of this title. G. Repair and Service No storage of any kind of motor vehicle repair work or service of any kind shall be permitted within any required loading space. H. Utilization Space allocated to any off-street loading spaces shall not be used to satisfy the space requirements of any off-street parking facilities or portions thereof. Storm Water Drainage Adequate storm water drainage facilities shall be installed and connected with the storm sewers to insure that storm water does not flow onto abutting sidewalks, and cause any adjoining property damage or inconvenience. No area of any parking facility, including loading spaces, shall have a slope of more than five percent (5%). No access ramp shall have a slope of more than twelve percent (12%). Finished grade and drainage shall be designed by an Illinois Registered Engineer and approved by the Zoning Officer. I. Off-Street Loading Space Requirements The minimum number of off-street loading spaces accessory to buildings, structures, and uses hereafter erected, structurally altered, or enlarged in all business and manufacturing districts shall be in accordance with the following schedule: Table Required Loading Spaces Gross Floor Area of Establishment Required Loading Spaces 5,000 to 9, ,000 to 24, ,000 to 39, ,000 to 100, For each additional one hundred thousand (100,000) square feet of gross floor area, or fraction thereof over one hundred thousand (100,000) square feet of gross floor area: one additional loading space. Title 17: Harwood Heights Zoning Ordinance 102

105 Design Standards for Access Driveways A. Width of driveways (Measured at the lot line adjoining a street). 1. Residential uses. a. Not less than nine (9) feet wide, and not more than twenty-two (22) feet wide. 2. Nonresidential uses. a. Not less than fourteen (14) feet wide, or not more than twenty-four (24) feet wide for a one-way drive. b. Not less than twenty (20) feet wide for a two-way driveway when twenty (20) or less parking spaces are being served. c. Not less than twenty-four (24) feet wide for a two-way driveway when more than twenty (20) parking spaces or two or more loading spaces are being served. d. Automotive service stations not less than 24 feet wide, measured perpendicular to the center line of such driveway. e. In any case, not more than thirty-five (35) feet wide. B. Radius connecting street pavement edge and driveway edges. 1. Residential uses. a. Not less than five feet. 2. Nonresidential uses. a. Not less than fifteen (15) feet at the intersection of a driveway and a street classified as major street or collector. b. Not less than eight feet at the intersection of a driveway and a street not classified as a major street or collector. c. For driveways intersecting street pavement edge with an angle less than ninety (90) degrees - See C (2). Title 17: Harwood Heights Zoning Ordinance 103

106 C. Angle at intersection of driveway and a street. 1. An acute angle formed at the intersection of a driveway and street pavement edges shall not be less than sixty (60) degrees. 2. Any angle at the intersection of driveway edge and street pavement edge that is less than ninety (90) degrees shall modify the radius of the curb as follows: Table Driveway Angle at Intersection Driveway Angle Curb Radius 90 8' 80 7' ' 60 4' D. Spacing between separate driveway entrances on a lot. (Measured between center lines of two driveways, and at the front lot line adjoining a street. Driveways intersecting street pavement edge with ninety (90) degree angle. 1. Not less than forty (40) feet on a street not classified as major street. 2. Not less than forty (40) feet on a street not classified as major or collector street, except in residential districts driveways serving one or two-family dwellings - not less than twenty (20) feet. E. Spacing between driveway entrance and right-of-way line of an adjacent intersecting street on corner lots. (Measured from the nearest edge of the driveway pavement at its intersection with the street right-of-way line to the nearest right-of-way line of an adjacent intersecting street). 1. On streets not classified as major or collector streets - not less than eight feet to an adjacent intersecting street not classified as major or collector street. (Prior code ) Title 17: Harwood Heights Zoning Ordinance 104

107 STACKING SPACES FOR DRIVE-THROUGH FACILITIES A. Design Stacking spaces provided for drive-through uses shall be: 1. A minimum of nine (9) feet in width, as measured from the outermost point of any service window to the edge of the driveway, and eighteen (18) feet in length. (See Figure : Measurement of Drive-Through and Figure : Stacking Spaces) FIGURE : MEASUREMENT OF DRIVE-THROUGH FIGURE : STACKING SPACES Title 17: Harwood Heights Zoning Ordinance 105

108 2. Placed in a single line behind the drive-through facility. 3. Located so that, when in use, they do not obstruct ingress or egress to the site and do not obstruct access to required parking or loading spaces. 4. Stacking spaces shall begin behind the vehicle parked at a last point of service, such as a window or car wash bay. B. Required Spaces Every drive-through facility shall provide a minimum of three (3) stacking spaces per facility, unless otherwise required by Table : Required Off-Street Parking Spaces or this Ordinance COMMERCIAL VEHICLES The following restrictions shall apply to the parking or storage of commercial vehicles on property zoned for residential use. A. No commercial vehicle shall be parked on any public right-of-way in a residential district, except for vehicles engaged in loading or unloading, or vehicles in connection with current work being done to the adjacent premises. B. No stored or parked commercial vehicle shall be occupied or used for human habitation. C. Only standard-sized, passenger vehicles including, but not limited to, automobiles, vans, sports utility vehicles (SUVs) and pick-up trucks are permitted to be stored or parked outdoors overnight on residentially-zoned private property. D. Permitted commercial vehicles, as described in Paragraph C above, shall include such vehicles that are owned and used for commercial purposes by the occupant of a dwelling or guest, provided that the vehicle is stored or parked in the permitted parking area. Such permitted commercial vehicles may include the logo of the commercial business painted on or applied to the vehicle. All other commercial vehicles including, but not limited to, semi-truck tractor units, with or without attached trailers, commercial trailers, buses, limousines, tow trucks, construction vehicles, or other large commercial and non-standard passenger vehicle size livery vehicles are not permitted to be stored or parked outside overnight on residentially zoned property. Title 17: Harwood Heights Zoning Ordinance 106

109 CHAPTER LANDSCAPING AND SCREENING Sections: PURPOSE ENFORCEMENT OF LANDSCAPE PROVISIONS LANDSCAPE PLAN SELECTION, INSTALLATION AND MAINTENANCE OF PLANT MATERIALS LANDSCAPE DESIGN STANDARDS ON-LOT LANDSCAPING BUILDING FOUNDATION LANDSCAPING PARKING LOT LANDSCAPING PARKING LOT PERIMETER LANDSCAPE YARD INTERIOR PARKING LOT LANDSCAPING SIGN LANDSCAPING TRANSITION YARDS SCREENING REQUIREMENTS ILLUSTRATION OF LANDSCAPING AND SCREENING REQUIREMENTS PURPOSE The landscaping and screening requirements established by this Section are intended to preserve and enhance the appearance, public health, safety, convenience, comfort and general welfare of the Village by fostering aesthetically pleasing development. Proper landscaping contributes to the Village in many ways: enhancing its character and scenic beauty, providing clean air, reducing noise, preventing erosion of topsoil, reducing the rate of stormwater runoff, providing nesting areas for birds and habitat for other wildlife, conserving energy, and providing shade and windbreaks. These regulations are also intended to increase the compatibility of adjacent uses and minimize the adverse impact of noise, dust, motor vehicle headlight glare or other artificial light intrusions, and other objectionable activities or impacts conducted on, or created by adjoining or neighboring uses ENFORCEMENT OF LANDSCAPE PROVISIONS No building permit or occupancy certificate shall be issued for any lot or use subject to the requirements of this Section unless all the requirements of this Section have been fulfilled. Failure to implement the landscape plan, or to maintain the lot or use in substantial conformance with the landscape plan, shall be cause for revocation of the occupancy certificate and/or the application of fines and penalties, as established in this Ordinance. In addition, all landscaping is subject to periodic inspection by the Zoning Officer. Title 17: Harwood Heights Zoning Ordinance 107

110 LANDSCAPE PLAN A. Landscape Plan Required A detailed landscape plan shall be submitted to the Village as part of any new development and/or special use or planned development application, and must be approved prior to the issuance of a building permit. B. Content of Landscape Plan 1. The location and dimensions of all existing and proposed structures, property lines, easements, parking lots and drives, roadways and rights-of-way, sidewalks, ground signs, refuse disposal and recycling areas, sidewalks, bicycle paths and parking facilities, fences, electrical equipment, recreational facilities, drainage facilities, and other freestanding structures, as determined necessary by the Zoning Officer. 2. The location, quantity, size, name and condition, both botanical and common, of all existing plant materials, including trees and other material in the right-ofway, and indicating plant material to be retained and removed. 3. The location, quantity, size and name, both botanical and common, of all proposed plant material including, but not limited to, shade and evergreen trees, shrubs, groundcover, annuals/perennials and turf. 4. The existing and proposed grading of the site indicating contours at one (1) foot intervals. Proposed berming shall be indicated using one (1) foot contour intervals. 5. Elevations of all proposed fences, steps, stairs, retaining walls both fixed (cast concrete unitized walls) and any natural rock outcroppings on the site. 6. Elevations, cross-sections, and other details as determined necessary by the Zoning Officer. C. Minor Changes to Approved Landscape Plans Minor changes to the landscape plan that do not result in a reduction in the net amount of plant material as specified on the approved landscape plan shall be approved by the Zoning Officer. Changes to the size and species of plant materials of an approved landscape plan shall not be considered a minor change. Major changes shall be approved by the body granting approval of the landscape plan initially. Title 17: Harwood Heights Zoning Ordinance 108

111 SELECTION, INSTALLATION AND MAINTENANCE OF PLANT MATERIALS A. Selection All planting materials used shall be of good quality and meet the American Association of Nurserymen Standards (ANNS) for minimum acceptable form, quality and size for species selected, and capable to withstand the seasonal temperature variations of northeastern Illinois, as well as the individual site microclimates. The use of species native to northeastern Illinois shall be encouraged. Size and density of plant material, both at the time of planting and at maturity, are additional criteria that shall be considered when selecting plant material. Where appropriate, the use of drought and salt tolerant plant material is preferred. B. Installation All landscaping materials shall be installed in accordance with the current planting procedures established by the AANS. All plant materials shall be free of disease and shall be installed so that soil of sufficient volume, composition and nutrient balance are available to sustain healthy growth. C. Required Element Landscape materials depicted on landscape plans approved by the Village shall be considered to be required site plan elements in the same manner as buildings, parking and other improvements. As such, the owner of record, or in some instances the homeowner s association, shall be responsible for the maintenance, repair and replacement of all landscape materials, and fences, steps, retaining walls and similar landscaping elements over the entire life of the development. D. Maintenance All landscaping materials shall be maintained in good condition, shall present a healthy, neat and orderly appearance, and shall be kept free of refuse and debris. Any dead, unhealthy or missing plants shall be replaced within six (6) months of notification by the Village or the next reasonable available growing/planting season. Fences, steps, retaining walls and similar landscaping elements shall be maintained in good repair. The owner of the premises shall be responsible for the maintenance, repair, and replacement of all landscape materials, fences, steps, retaining walls and similar landscaping elements, and refuse disposal areas. Irrigation systems, when provided, shall be maintained in good operating condition to promote the health of the plant material and the conservation of water. Title 17: Harwood Heights Zoning Ordinance 109

112 LANDSCAPE DESIGN STANDARDS Landscape plans, as described above, shall be prepared by a licensed Landscape Architect registered in the State of Illinois, and evaluated and approved based on the following design criteria. A. Scale and Nature of Landscape Material The scale and nature of landscape materials shall be appropriate to the size of the site and related structures. B. Selection of Plant Material Recommended plant materials are listed in the approved plant materials list included in Appendix E (Recommended Plant Materials List). Plant material shall be selected for its form, texture, color, pattern of growth and suitability to local conditions. C. Shade Trees All deciduous shade trees shall have a minimum trunk size of three (3) inches in caliper (dbh) as measured at breast height at time of planting, unless otherwise specified. D. Evergreen Trees Evergreens trees shall have a minimum height of six (6) feet at planting and shall be incorporated into the landscape treatment of a site, particularly in those areas where year round screening and buffering is required. E. Ornamental Trees Single stem ornamental trees shall have a minimum trunk size of three (3) inches in caliper at planting, unless otherwise specified. Multiple stem ornamental trees shall have a minimum height of eight (8) feet at planting, unless otherwise specified. F. Shrubs Unless otherwise specified, all large deciduous and evergreen shrubs shall have minimum height of three (3) feet at installation, and all small deciduous and evergreen shrubs shall have a minimum height of eighteen (18) inches at installation. Large shrubs shall be considered to be those shrubs that reach five (5) or more feet in height at maturity. Small shrubs shall be considered to be those shrubs that can grow up to five (5) feet in height if left unmaintained, but are generally kept at heights of eighteen (18) to thirty (30) inches. G. Softening of Walls and Fences Plant material shall be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect and to help break up long expanses of blank walls with little architectural detail. Title 17: Harwood Heights Zoning Ordinance 110

113 H. Planting Beds Planting beds shall be mulched with shredded hardwood, mushroom compost or decomposed rock chips less than one-quarter (1/4) inch in diameter, feather rocks or similar materials. Lava rock, large river rock or colored stones are not acceptable. I. Irrigation Landscape design pursuant to the requirements of this Section shall recognize the need for irrigation and water conservation. Sprinkler irrigation systems may be required for certain landscaped areas, as determined by a landscape architect. The need for sprinkler irrigation systems shall be determined by the type of plant material and the condition/growing medium that they are installed in. For instance, whether there is a permanent means available to water plant material, such as hose bibs, shall be a consideration. All irrigation systems shall be designed to minimize the use of water. J. Energy Conservation Plant material placement should be designed to reduce the energy consumption needs of the development. In addition, landscaping designs shall take into account and make an effort to implement LEED policy and design standards, where appropriate. 1. Deciduous trees should be placed on the south and west sides of buildings to provide shade from the summer sun. 2. Evergreens and other plant materials should be concentrated on the north and west sides of buildings to dissipate the effect of winter winds. K. Preservation of Existing Trees The preservation and protection of existing trees shall be as required in Chapter of the Village s Municipal Code. L. Berming Earthen berms and existing topographic features shall be incorporated into the landscape treatment of a site where there is sufficient space and, in particular, when berms and existing topographic features can be combined with plant material to facilitate effective screening. Minimum unretained berm side slopes shall be maintained at no less than a 4:1 slope ratio to prevent erosion and be properly and safely maintained. Retained slopes may be implemented with the appropriate terracing necessary to reduce the need for safety railing. Title 17: Harwood Heights Zoning Ordinance 111

114 ON-LOT LANDSCAPING A. Turf Required All yards within the Village shall be landscaped primarily with seed or sod. B. Required Trees Shade trees shall be provided on all zoning lots at a minimum of: 1. Two (2) shade trees per townhouse or multi-family residential lot. 2. Four (4) shade trees per non-residential lot. Existing trees shall be counted toward this required minimum number BUILDING FOUNDATION LANDSCAPING A. Building foundation landscaping is required in all districts for all new construction and additions to buildings that are visible from a street, including all front and corner side yards. B. A multi-family residential or non-residential development within the business or manufacturing districts that has a front and/or corner side yard may request relief from the Zoning Officer during the application and review process. The Commission may decide that such landscaping is not appropriate for the development and may waive this requirement. C. Foundation plantings shall work in concert with transition yard plantings to frame important views, while visually softening long expanses of walls, particularly those that lack windows and/or other architectural details. Foundation plantings shall be compatible with the materials and the form of a building. The body granting approval of the landscape plan shall determine compliance with this intent as part of the review. D. The minimum width of the area provided to accommodate foundation plantings shall be five (5) feet. E. Foundation plantings shall be installed across the entire length of all street facing facades except where walkways and driveways are located. (See Figure : Foundation Planting) Title 17: Harwood Heights Zoning Ordinance 112

115 FIGURE : FOUNDATION PLANTING PARKING LOT LANDSCAPING A. Parking Lot Landscaping Design Guidelines Perimeter landscaping is required for all parking lots and shall be established along the edge of the parking lot. All parking lots of ten (10) or more spaces are subject to a landscape plan as a condition of obtaining a building permit. Interior parking lot landscaping is also required for those lots of ten (10) or more spaces. Nothing in this section shall be deemed to prevent the applicant s voluntary installation of additional interior parking lot landscaping, so long as parking space requirements and parking lot design requirements are complied with. B. Existing Parking Lots For existing parking lots that currently do not comply with the required parking lot landscaping, such landscaping shall be provided when: 1. A new principal building or building addition is constructed, or exterior remodeling of the principal building occurs. 2. Over fifty percent (50%) of the total area of an existing parking lot is reconstructed. 3. When an existing parking lot under ten thousand (10,000) square feet in area is expanded by fifty percent (50%) or more in total surface area. 4. When an existing parking lot over ten thousand (10,000) square feet in area is expanded by twenty-five percent (25%) or more in total surface area. The Plan Commission may modify the amount of landscaping required by this Section or exempt existing parking lots from providing landscaping if such landscaping would reduce the amount of parking spaces and create a nonconformity. Title 17: Harwood Heights Zoning Ordinance 113

116 PARKING LOT PERIMETER LANDSCAPE YARD Perimeter parking lot landscaping provides for the enhancement and screening of parking lots by requiring a scheme of pedestrian walls and/or landscaping along public streets. Perimeter landscaping shall be required for all parking lots and shall be established along the edge of the parking lot. See Section (Illustration of Landscaping and Screening Requirements) for a graphic illustration of such landscaping. A. Applicability The landscape treatment shall run the full length of the parking lot and shall be located between the property line and the edge of the parking lot. All perimeter parking lot screening areas shall be protected with raised concrete curbs. B. Width of Perimeter Landscape Yard A perimeter landscape yard shall be a minimum of four (4) feet in width and shall require six (6) inch curbing. This shall exclude any bumper overhang. C. Required Landscaping The following landscaping shall be provided within the perimeter landscape yard. 1. Amount of Landscaping A landscape treatment shall run the full length of the perimeter landscape yard. 2. Trees One (1) tree shall be planted every forty (40) linear feet of yard length. As part of the landscape plan approval, trees may be clustered based on specific site requirements or design scheme but the total number of trees planted shall be no less than the amount required by a linear planting spaced forty (40) feet apart. 3. Shrubs For every three (3) feet of perimeter yard length, one (1) shrub, measuring a minimum of two (2) feet at planting and reaching a minimum of three (3) feet in height at maturity. As part of the landscape plan approval, shrubs may be spaced at various intervals based on specific site requirements or design scheme, but the total number of shrubs planted shall be no less than the amount required by a linear planting spaced three (3) feet apart. Title 17: Harwood Heights Zoning Ordinance 114

117 4. Fences and Walls a. In addition to the landscaping requirements, a fence or wall of no more than four (4) feet may be permitted along the perimeter landscape yard where appropriate. If provided, said fence shall be located: i. Between the planting strip and the front and corner side lot line. ii. Outside the planting strip, but inside the property line along the interior side and rear lot lines. c. Where feasible, plant materials shall be installed between the sidewalk and the fence or wall to provide a softening effect on the fence or wall. d. Unless otherwise stated, any parking lot perimeter fencing shall adhere to the regulations set forth in Chapter (Fences) of this title. 5. Groundcover Landscaped areas outside of shrub and tree masses shall be planted in turf or other live groundcover, perennial or ornamental grass plantings INTERIOR PARKING LOT LANDSCAPING For parking lots consisting of ten (10) or more spaces, interior parking lot landscaping shall be required. Ten percent (10%) of the total parking lot area shall be landscaped with parking lot islands and landscaped areas. (See Figure : Interior Parking Lot Landscaping) Parking lot perimeter landscape yards shall not be included toward satisfying this requirement. See Figure (Illustration of Landscaping and Screening Requirements) for a graphic illustration of such landscaping. A. Amount Parking lot islands and landscaped areas shall be provided in the following amount: 1. One (1) parking lot island shall be provided between every ten (10) to fifteen (15) contiguous parking spaces. As part of the landscape plan approval, parking lot island locations may be varied based on specific site requirements or design scheme, but the total number of islands shall be no less than the amount required one (1) island for every ten (10) spaces. However, all rows of parking spaces shall be terminated by a parking lot island. 2. At least one (1) shade tree shall be provided for every one-thousand fivehundred (1,500) square feet of off-street parking lot area, up to six-thousand (6,000) square feet, and at least one (1) tree shall be provided for every three thousand (3,000) square feet of pavement area above six-thousand (6,000) square feet. Such trees shall be planted within parking lot islands and landscaped areas. Title 17: Harwood Heights Zoning Ordinance 115

118 3. No off-street parking facility of greater than ten thousand (10,000) contiguous square feet of pavement area shall be permitted. Off-street parking facilities larger than ten thousand (10,000) square feet shall be appropriately broken by linear planting strips or variable shaped islands in the interior of the parking facility. Such planting strips or islands shall be satisfactorily landscaped with trees and suitable groundcover, and shall constitute no less than five (5%) percent of the total area of the off-street parking facility excluding the perimeter landscape yard. FIGURE : INTERIOR PARKING LOT LANDSCAPING B. Size of Parking Lot Islands Where parking lot islands are required, they shall be the same dimension as the parking stall. Double rows of parking shall provide parking lot islands that are the same dimension as the double row. Title 17: Harwood Heights Zoning Ordinance 116

119 C. Design of Planting Areas Parking lot islands and landscaped areas shall be at least six (6) inches above the surface of the parking lot and protected with concrete curbing, except where designed specifically for the absorption of stormwater. Such islands and landscaped areas shall be properly drained and irrigated as appropriate to the site conditions to ensure survivability. D. Type of Landscape Material Shade trees shall be the primary plant materials used in parking lot islands and landscaped areas. Ornamental trees, shrubs, hedges and other plant materials may be used to supplement the shade tree plantings but shall not create visibility concerns for automobiles and pedestrians. E. Quantity of Landscape Material within Parking Lot Islands and Landscaped Areas A minimum of one (1) shade tree shall be provided for every parking lot island. If the island extends the width of a double row, then two (2) shade trees shall be provided. Landscaped areas within the parking lot shall provide a minimum of one (1) shade tree for every three hundred (300) square feet of landscaped area. F. Groundcover A minimum of seventy-five percent (75%) of every parking lot island or landscaped area shall be planted in turf or other live groundcover, perennials or ornamental grasses. Where extreme conditions exist that will not make this feasible or practical, the body approving the landscape plan may permit decomposed (rotten) granite groundcover so long as it is properly graded, will not erode due to slope conditions and is properly maintained SIGN LANDSCAPING Ground signs shall be landscaped at the base of the sign in accordance with Chapter (Signs) of this title TRANSITION YARDS A. This section establishes standards for the dimensions and improvement requirements of transition yards between land uses and/or zoning districts within the rear or interior side yard (See Figure : Transition Yard Locations). Nothing in this Section shall be deemed to prevent the applicant s voluntary installation of transition yards to these design specifications. See Figure (Illustration of Landscaping and Screening Requirements) for a graphic illustration of such landscaping. Title 17: Harwood Heights Zoning Ordinance 117

120 B. In some instances, a transition yard may not be required by the Plan Commission. These include, but are not limited to, instances where the rear wall of a commercial building is located on the rear property line or where an alley is located between a commercial property that abuts a residential property. Where it proves difficult to meet the transition yard requirements of this Ordinance, which may include other situations than those listed here, the body approving the landscape plan may approve alternative approaches or waive requirements. C. Transition yards are required in the following situations: 1. Where an R-3 or R-4 District abuts an R-1 or R Where a commercial district or manufacturing district abuts a residential district. 3. Where a non-residential use is located within a residential district. FIGURE : TRANSITION YARD LOCATIONS D. Transition yards shall be provided in interior side yards and rear yards. Transition yards may be located within required yards, and shall be reserved for the planting of material and installation of screening as required by this section. No parking, driveways, sidewalks, accessory buildings or other impervious surfaces shall be permitted within the transition yard area, unless otherwise specified by this Ordinance. Title 17: Harwood Heights Zoning Ordinance 118

121 E. All plantings in the transition yard shall be in accordance with the design standards of this Section. The minimum size and improvement of transition yards shall be as follows: 1. Interior Side Yard Transition Yards When required, the transition yard within the interior side yard shall be a minimum of ten (10) feet In width. Within this required transition yard, the following improvements shall be provided: a. Shade trees shall be planted on an average of one (1) tree for every thirty (30) linear feet of yard length. The trees may be grouped or staggered to maximize their effect subject to approval by the Plan Commission. b. An opaque masonry wall (stone, stucco or brick) or solid wood decorative fence with the finished side of the fence facing the adjacent residential property, or dense evergreen hedge, six (6) feet in height shall be erected along one hundred percent (100%) of the yard length. c. Shrubs shall be planted on an average of one (1) shrub for every three (3) feet of yard length. d. Areas not planted with trees or shrubs shall be maintained as turf or other groundcover. 2. Rear Yard Transition Yard When required, the transition yard within the rear yard shall be a minimum of ten (10) feet in width. Within this required transition yard, the following improvements shall be provided: a. A mix of shade trees and evergreen trees planted on an average of one (1) tree for every twenty (20) linear feet of the yard length. The trees may be grouped or staggered to maximize their effect, subject to approval of the landscape plan. b. Shrubs shall be planted on an average of one (1) shrub for every three (3) feet of yard length. c. A masonry wall (stone, stucco or brick) or solid wood decorative fence, with the finished side of the fence facing the adjacent residential property, or dense evergreen hedge, six (6) feet in height shall be erected along one hundred percent (100%) of the yard length. d. Areas not planted with trees or shrubs shall be maintained as turf or other groundcover. Title 17: Harwood Heights Zoning Ordinance 119

122 SCREENING REQUIREMENTS A. Refuse Disposal Dumpsters and Refuse Storage Areas Refuse disposal containers, recycling containers, and refuse and recycling storage areas shall be screened on three (3) sides by a solid wood fence or masonry screen wall to a height of no less than six (6) feet but no more than eight (8) feet. Where required, the dumpster enclosure shall be gated, and situated on a concrete apron that extends a minimum of six (6) feet beyond the opening of the enclosure, so as to support the weight of the waste disposal vehicle during unloading. All refuse shall be stored within the covered refuse disposal containers. In residential districts, this provision shall not apply where refuse is collected by the Village from containers less than onehundred (100) gallons in size at the street, curb or alley. B. Loading Berths Where feasible, loading berths in all zoning districts shall be located and oriented so as not be visible from the street and adjacent properties, while still allowing access to the use it is serving. In addition, loading berths in all zoning districts shall be screened as much as possible, unless such screening is determined unnecessary by the body approving the landscape plan. Such screening shall consist of a solid wood or simulated wood fence or masonry screen wall to a height of no less than six (6) feet. A dense evergreen hedge may be substituted for a fence or wall, subject to approval of the landscape plan. C. Outdoor Storage and Display Areas 1. Outdoor Storage Areas All outdoor storage areas shall be completely screened by a solid wood or simulated wood fence or masonry screen wall to a height of no less than six (6) feet but no more than eight (8) feet. Where feasible, plant materials shall be installed along the fence or wall located along the public right-of-way to provide a softening effect. No materials stored outdoors shall be of a greater height than that of the required fence or wall. 2. Outdoor Display Areas a. When the rear or interior side yard of an outdoor display area abuts a residential district, or the rear yard is separated from a residential district by an alley, the outdoor display area shall be effectively screened from view by a solid wood fence, masonry screen wall, or dense hedge at least six (6) feet in height. Chain-link fencing is prohibited. b. All outdoor display areas shall be designed with a landscaped yard along the public right-of-way, excluding alleys, a minimum of five (5) feet in width and planted with shade or evergreen trees at a rate of one (1) tree per twenty-five (25) feet, and supplemented with shrubs and perennials to enhance the view from the public right-of-way. These screening requirements are not intended to prohibit openings reasonably necessary for access drives and walkways. Title 17: Harwood Heights Zoning Ordinance 120

123 c. Motor vehicle dealerships or rental establishments with outdoor sales and display lots shall be designed with permanent screening along the right-of-way meeting the requirements of Paragraph b above, but such plantings may be clustered. However, the screening may consist of small shrubs and/or a low pedestrian wall, rather than shade or evergreen trees, to optimize the view of motor vehicles for sale. d. Growing areas for nursery stock located in the front or corner side yard shall be considered to meet screening requirements. D. Drive-Through Facility Drive aisles of drive-through facilities shall be effectively screened from view along the public right-of-way and at the edges of sites adjacent to residential properties in order to minimize the impact of exterior site lighting, headlight glare and any menu intercom displays. Such screening shall be approved during the review and approval process and shall consist of a solid wood or simulated wood fence, masonry screen wall, or dense evergreen hedge at least six (6) feet in height. Chain-link fencing is prohibited. Plant materials shall be installed along the fence or wall to provide a softening effect ILLUSTRATION OF LANDSCAPING AND SCREENING REQUIREMENTS Figure : Landscaping and Screening Requirements provides a sample illustration of the landscaping and screening requirements of this Section of the Ordinance. Title 17: Harwood Heights Zoning Ordinance 121

124 FIGURE : LANDSCAPING AND SCREENING REQUIREMENTS Title 17: Harwood Heights Zoning Ordinance 122

125 CHAPTER SIGNS Sections: Preamble Scope Permits required Unsafe and unlawful signs Removal of certain signs General standards Classification of signs Signs Permitted in Any District Without a Permit Signs Specifically Prohibited in All Districts Permitted Signs and Sign Standards Maximum Gross Surface Area of Signs Permitted Additional Sign Regulations by Sign Type Temporary Signs Preamble. The regulation of signs by this Ordinance is intended to promote and protect the public health, safety and welfare by reducing the depreciation of property values caused by signs that are incompatible with surrounding land uses; by creating a more attractive economic and business climate within the commercial and office areas of the Village; by enhancing and protecting the physical appearance of all areas of the Village; and by reducing the distractions, obstructions and hazards to pedestrian and auto traffic caused by the indiscriminate placement and use of signs Scope The regulations of this Chapter shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the Village visible from any street, sidewalk or public or private common open space. Any sign not expressly permitted by these regulations shall be prohibited. The regulations of this Chapter relate to the location of signs, by function and type, within Title 17: Harwood Heights Zoning Ordinance 123

126 zoning districts and shall be in addition to provisions of the Municipal Code applicable to the construction and maintenance of signs. Regulations concerning the use and termination of nonconforming signs appear in Chapter of this Code Permits required. A. Sign Permit Except as expressly provided in Subsection hereof, no sign shall be erected, enlarged, expanded, altered, relocated or maintained unless a Sign Permit evidencing the compliance of such work with the provisions of this Section and other applicable provisions of this Code shall have first been issued in accordance with the provisions of Chapter of this Code; provided, however, that routine sign maintenance, changing of parts designed to be changed or changing the content of a sign in any manner does not change the functional classification of the sign and shall not, standing alone, be considered an alteration of the sign requiring the issuance of a Sign Permit hereunder. B. Additional Application Requirements In addition to the information and documents required by Chapter of this Code, every application for a Sign Permit for a sign shall be accompanied by: 1. Plans and specifications showing the location on the lot or building face and the method of construction, illumination and support of such sign; 2. A scale drawing showing sign faces, exposed surfaces and the proposed message and design, accurately represented as to size, area, proportion and color; 3. A landscape plan showing plantings proposed for area at the base of a monument sign; 4. Photographs of the street sides of the property in question, showing all existing signs on the property; 5. A calculation of the total amount of sign area presently existing on the property; 6. The applicant's attestation that the sum of the areas of the requested sign or signs and the existing signs does not exceed the maximum allowed by the provisions of this Code; and 7. Evidence of a valid Village business license, when applicable, issued for any business to which the sign is accessory. Title 17: Harwood Heights Zoning Ordinance 124

127 Unsafe and unlawful signs. If the zoning officer shall find that any sign is unsafe or insecure, or is a menace to the public, or has been constructed or erected or is being maintained in violation of the provisions of this chapter, he or she shall give written notice to the person to whom the zoning certificate had been issues. If such person fails to remove or alter the sign so as to comply with the standards set in this title within ten (10) days after such notice, such sign may be removed or altered to comply by the zoning officer at the expense of the zoning certificate issuee or owner of the property upon which it is located. The zoning officer may cause any sign which is an immediate peril to persons or property to be removed summarily and without notice. (Prior code ) Removal of certain signs. Any sign which does not advertise a bona fide business conducted, or a product sold, shall be taken down and removed by the owner, agent, or person having the beneficial use of the structure upon which such sign may be found within ten (10) days after written notification from the zoning officer, and upon any failure to comply with such notice within the time specified in such order, may cause removal of such sign, and any expense incident thereto shall be paid by the owner of the structure to which such sign was attached. (Prior code ) General Standards The following general standards shall apply to all signs. A. Illumination 1. Location and Design of Light Source Whenever an external artificial light source is used for a sign, such source shall be located, shielded and directed so as not to be directly visible from any public street or private residence. No receptacle or device housing a permitted light source for a sign shall protrude more than twelve (12) inches from the face of the sign or building to which it is attached; provided, however, that a receptacle or device housing a permitted light source for a sign may be located more than twelve (12) inches from the face of the sign if such light source is ground mounted, locked in place, and cannot be redirected. Title 17: Harwood Heights Zoning Ordinance 125

128 2. Level of Illumination a. All artificial illumination shall be so designed, located, shielded, and directed as to prevent the casting of glare or direct light upon adjacent property or streets. b. Illumination resulting from any internal or external artificial light source shall not exceed 0.5 foot candles as measured at the property line of the Subject Property. c. The illumination level of a lot or any portion thereof in a residence district shall not exceed one-tenth (0.1) of a foot candle. d. Light shall not be projected toward or onto properties located in a residence district, and intrinsic brightness shall not exceed fifty (50) candles per square inch or ten (10) candles if visible from a residence district; e. Such illumination shall be extinguished between the close of business and seven a.m. f. Any such illumination in the line of vision of approaching vehicular traffic shall not be red, amber or green. 3. Flashing lights prohibited Except for public service signs when expressly permitted by this Chapter, no flashing, blinking or intermittent lights shall be permitted. 4. Light fixture screening Light fixtures placed along the base of the sign shall be screened from view by site grading or evergreen shrubs. No unscreened light sources are permitted. Temporary holiday displays, which contain lights, are exempt from these provisions. 5. External illumination External illumination shall be provided by a white, steady, stationary light of reasonable intensity, directed solely at the sign and shielded or otherwise prevented from shining directly onto adjacent properties or rights of way. Title 17: Harwood Heights Zoning Ordinance 126

129 6. Internal illumination Internal illumination shall be provided by interior white lighting of reasonable intensity with primary and secondary images lit or silhouetted (i.e., backlit) on an opaque background. The background of all signs must be opaque. No additional background lighting or illuminated borders or outlines shall be permitted. 7. Additional lighting standards The following are additional lighting standards for specific sign types: a. Signs Without Permits: Signs permitted pursuant to Section of this Chapter shall be illuminated only as permitted in that section. b. Awning and Canopy Signs: Shall be illuminated using a direct light source. Direct illumination shall be aimed at the exterior of the awning/canopy, not the underside. c. Monument Signs: Monument signs shall be backlit, directly-lit, or internally illuminated. All letters must be individually affixed. Any direct light source shall be concealed from view from the right-of-way. d. Wall Signs: Letters shall be individually affixed to walls of a building and be either internally illuminated or backlit. B. Landscaping The base of all permanent ground signs shall be effectively landscaped and maintained in good condition at all times. The minimum landscaped area shall extend at least three (3) feet beyond all sign faces or supporting structures in all directions. Exposed foundations must be constructed with a finished material such as brick, stone, or wood. Landscaping must be maintained in a manner that prevents the screening or blocking of addresses and other information provided on the monument sign. Title 17: Harwood Heights Zoning Ordinance 127

130 C. Electrical Elements All wiring, fittings and materials used in the construction, connection and operation of electrically illuminated signs shall be in accordance with the provisions of Municipal Code. No metal sign illuminated by any means requiring internal wiring and no electrical fixtures attached to any sign shall be lower than nine (9) feet from grade unless it is grounded by the use of a grounding conductor run with the circuit conductors and is also grounded by being bonded to a grounding electrode at the sign site. D. Structural Elements The construction and structural components of all signs shall be in accordance with the standards and regulations of the Municipal Code. All permanent signs shall be constructed of fire-resistant materials and shall be capable of withstanding wind pressures of at least thirty (30) pounds per square foot of surface area and of receiving dead loads based on the actual weight of the structure. E. Minimum Elevation of Certain Signs The bottom of every awning, canopy, marquee, wall and pylon sign shall be elevated at least ten (10) feet above grade. Whenever possible wall signs on the same facade shall maintain the same top and bottom elevations above grade. F. Obstruction of Access Ways No sign or sign structure shall obstruct free ingress to or egress from a fire escape, door, window or other required access way. G. Obstruction of Window Surface No sign shall project over, occupy or obstruct any window surface required for light or ventilation by any applicable provision of the Municipal Code. H. Traffic Safety 1. Confusion With Traffic Signals No sign shall be maintained at any location where by reason of its position, size, shape, content, color, or illumination it may obstruct, impair, obscure, interfere with the view of, or be confused with, any traffic control sign, sign or device, or where it may interfere with, mislead or confuse traffic. Title 17: Harwood Heights Zoning Ordinance 128

131 2. Obstruction of Sight Triangles Prohibited No sign, nor any part of a sign other than a supporting pole or brace no greater than eighteen (18) inches in width or diameter shall be located lower than ten (10) feet from grade within thirty-five (35) feet of the intersection of the street front lot lines. I. Signs in Rights-of-Way Except as provided in this Paragraph, no sign except governmental signs authorized in this Chapter shall be placed in or extend into or over any public property or right-of-way. Temporary signs advertising civic functions may extend into or over a public right-ofway upon the specific prior approval of the Building Commissioner on the basis of need and impact on pedestrian and vehicular traffic, and impact on surrounding properties. J. Sign Identification All signs shall be plainly marked with the name of the person, firm or corporation hanging or erecting the sign and the sign permit number. K. Sign Maintenance The owner of a sign and the owner of the premises on which such sign is located shall be jointly and severally liable to maintain such sign, including its illumination sources, in compliance with this Code and all applicable laws, in a safe and secure condition, and in a neat and orderly condition and good working order at all times, and to prevent the development of any rust, corrosion, rotting or other deterioration in the physical appearance or safety of such sign. The premises around ground and pylon signs shall be kept clean and free of all rubbish and weeds. L. Sign Measurement. 1. Area to be Included The supporting structure or bracing of a sign shall be omitted in measuring the area of the sign unless such structure or bracing is made part of the message or face of the sign. Where a sign has more than one display face, all faces shall be included in determining the area of the sign. 2. Area of Signs With Backing The area of all signs with backing shall be measured by computing the area of the sign backing. Title 17: Harwood Heights Zoning Ordinance 129

132 3. Area of Signs Without Backing The area of all signs without backing shall be measured by computing the area of the smallest regular geometric figure that can encompass all words, letters, figures, emblems and other elements of the sign message. 4. Area of Signs With and Without Backing The area of all signs formed by a combination of elements with and without backing shall be measured by counting the area of such elements measured in accordance the foregoing subparagraphs. 5. Signs on Lots With Multiple Users Where more than one user occupies a zoning lot, the owner of the lot shall be responsible for allocating permitted signage among such users. 6. General Safety Notwithstanding any other provision of this Chapter, no sign shall be located in any area or in any manner so as to create a nuisance or a threat to the public safety and welfare. Figure : Sign Measurement Illustrations Title 17: Harwood Heights Zoning Ordinance 130

133 Classification of Signs A. Functional Types For purposes of this Code, signs shall be classified as follows according to function: 1. Advertising Sign. A sign, other than an off-premises identification sign, that directs attention to or identifies a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. This term shall include signs, other than customary identification lettering and advertising posters on buses and taxicabs, attached to parked or moving vehicles. 2. Attention-getting Device. A sign designed to attract attention by means of flashing or moving parts, bright color or light, or movement of any kind. Examples of such signs include pennants hung in series, whirligigs, spinners, streamers, flashing lights, search lights and balloons. 3. Business Sign. A sign that directs attention to or identifies a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered on the premises where the sign is located. 4. Construction Sign. A temporary sign erected on premises on which construction is taking place, during the period of such construction, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest in the construction activity. 5. Drive-Through Sign. A sign that facilitates the operation of a drive-through facility by aiding with the pick-up, drop-off, ordering or service of such a facility. It includes, but is not limited to, such signs as changeable copy menu boards. 6. Governmental Signs. A sign erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation. 7. Holiday Decorations. Signs in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday. 8. Home Occupation Sign. A sign advertising or identifying a home occupation on the site of the home occupation. Title 17: Harwood Heights Zoning Ordinance 131

134 9. Identification Sign. A sign giving only the name, trademark or other readily recognized symbol or address, or any combination thereof, of a building, business, development or establishment on the premises where it is located. 10. Institutional Bulletin Board Sign. A sign that identifies a religious organization, school, library, community center, or similar institutional or community service use on whose premises it is located and that contains only the name of the institution or organization, the name or names of persons connected with it, and greetings, announcements or events or activities occurring at the institution or similar message. 11. Joint Identification Sign. An identification sign limited in content to the identification of a planned development, office plaza, shopping center, business park or the like and not containing any reference to the individual uses sharing the development, plaza, center, park or the like. 12. Memorial Sign. A sign or tablet memorializing a person, place, event or structure. 13. Name Plate Sign. A sign limited in content to the name or address, or both, of the owner or occupant of a building or premises on which it is located. If any premises are occupied by more than one occupant, the nameplate sign may identify all such occupants, as well as the premises, and may include necessary directional information. 14. Off-premises Identification Sign. A sign giving the name, trademark or other readily recognized symbol or address, or any combination thereof, of a building, business, development or establishment, which sign is located off the lot on which such building, business, development or establishment is located. 15. Official Flag or Emblem. A flag or emblem of a government or of a membership organization. 16. On-site Directory Sign. A sign, not readable from any public right-of-way, on which the names and locations of the occupants and/or uses of a building or group of buildings is given. 17. On-site Informational Sign. A sign commonly associated with, and limited to, information and directions necessary or convenient for persons coming on the property, including signs marking entrances and exits, parking areas, one-way drives, rest rooms, pick-up and delivery areas and the like. 18. Private Sale Sign. A temporary sign advertising private sales of personal property at "house sales," "garage sales," "rummage sales" and the like. Title 17: Harwood Heights Zoning Ordinance 132

135 19. Private Warning Sign. A sign limited in content to messages warning, caution or danger. 20. Public Service Signs. A sign displaying only the time, temperature, stock market quotations or civic messages by means of a landbank. 21. Real Estate Signs, Standard Size. A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located and limited to one (1) single or double-faced, non-illuminated sign per zoning lot, not to exceed six (6) square feet in area per sign face. 22. Real Estate Signs, Large Size. A sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located and limited to one (1) single or double-faced, non-illuminated sign per zoning lot, not to exceed twenty-four (24) square feet in area per sign face. B. Structural Types For purposes of this Code, signs shall be classified as follows according to structure: 1. Awning, Canopy or Marquee Sign. A sign that is mounted or painted on or attached to an awning, canopy or marquee that is otherwise permitted by this Code. No such sign shall project above, below, or beyond the physical dimensions of such awning, canopy or marquee. 2. Banner Sign. A sign made of fabric or other similar non-rigid material with no enclosing framework or electrical components that is supported or anchored on two or more edges or at all four corners. 3. Billboard Sign. A board, panel, or tablet used for the display of posters, printed or painted advertising matter, either illuminated or non-illuminated, that directs attention to goods, merchandise, entertainment, or services offered elsewhere than the premises where the sign is located. 4. Box Sign. A sign that is self enclosed in a typically square or rectangular structure with or without internal lighting. A box sign can be single-or doublesided. Internally illuminated channelized lettering, logo, or groupings of letters and/or logos, not providing any additional sign face, shall not be considered a box sign. Title 17: Harwood Heights Zoning Ordinance 133

136 Figure : Box Sign 1. Electronic Reader Board/Changeable Copy/Video Sign. (Does not apply to Gas/Service Stations or to that portion of a sign dedicated to time and/or temperature) Is a sign or portion thereof designed to accommodate frequent message changes composed of characters, or letters, or illustrations and that can be changed or rearranged, either manually or electronically, without altering the face or surface of such sign. 2. Freestanding Sign. A sign on a frame, pole or other support structure not attached to any building. 3. Gas Station Price Sign. A changeable copy sign advertising gasoline prices. 4. Monument Sign. A freestanding sign defined by a solid support structure (other than support poles) with equal to or greater width than the faceplate. 5. Moving or Animated Sign. Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement or rotation. 6. Paint on Wall Sign. A sign painted on the wall of a building or structure with the exposed face of the sign in a place parallel to the face of the wall. 7. Portable Sign. A sign that is not permanently affixed to a building, a structure or the ground, but not including customary identification lettering on vehicles and advertising posters on buses and taxicabs. 8. Projecting Sign. A sign that is wholly or partially dependent upon a building for support and that projects more than twelve (12) inches from such building. 9. Pylon Sign. A sign that is mounted on a freestanding pole or other supports. 10. Roof Sign. A sign that is mounted or painted on the roof of a building, or that is wholly dependent upon a building for support and that projects above the highest Title 17: Harwood Heights Zoning Ordinance 134