SYCAMORE ZONING ORDINANCE

SECTION

DESCRIPTION

PAGE

1.00

TITLE

4

2.00

INTENT AND PURPOSE

5

3.00

RULES AND DEFINITIONS

6

3.01

Rules

6

3.02

Definitions

6

4.00

GENERAL PROVISIONS

23

4.01

Interpretation

23

4.02

Separability

23

4.03

Scope of Regulations

23

4.04

Use and Bulk Regulations

23

4.05

Lot Coverage

24

4.06

Lot Area and Dimension

28

4.07

Access to Public Streets

28

4.08

Number of Buildings on a Zoning Lot

28

4.09

Rezoning of Public and Semi-Public Areas

28

4.10

Accessory Buildings

28

4.11

Accessory Uses

29

4.12

Temporary Buildings

30

4.13

Existing Special Uses

30

4.14

Lighting and Utility Standards

30

4.15

Home Occupations

33

5.00

NON-CONFORMING BUILDINGS AND USES

36

5.01

Continuance of Use

36

5.02

Discontinuance of Use

36

5.03

Change of Non-Conforming Use

36

5.04

Repairs and Alterations

36

5.05

Damage and Destruction

37

6.00

ZONING DISTRICTS AND MAPS

38

6.01

Districts

38

6.02

Maps

38

6.03

District Boundaries

38

6.04

Zoning of Public Ways

39

6.05

Zoning of Annexed Land

39

6.06

City’s Zoning Power

39

7.00

A-1 AGRICULTURAL DISTRICT

40

7.01

Permitted Uses

40

8.00

RESIDENTIAL DISTRICTS

41

8.01

R-1 One Family Residence District

41

8.02

R-2 Two Family Residence District

45

8.03

R-3 Multiple Family Residence District

48

 

 

9.00

BUSINESS DISTRICTS

53

9.01

C-1 Neighborhood Business District

53

9.02

C-2 Central Business District

56

9.03

C-3 Highway Business District

63

9.04

C-4 Mixed Use—Commercial District

64

10.00

MANUFACTURING DISTRICTS

66

10.01

M-1 Light Manufacturing District

66

10.02

M-2 Heavy Manufacturing District

73

10.03

ORI Office, Research and Light Industrial District

77

11.00

SIGNS

81

11.01

Purpose and Intent

81

11.02

Definitions

81

11.03

Signs Excluded From Regulations

84

11.04

Prohibited Signs

85

11.05

Sign Regulations--General

86

11.06

Sign Regulations—All Zoning Districts

88

11.07

Sign Regulations—Residential Zoning Districts

91

11.08

Sign Regulations—Commercial, Industrial, "ORI", and Planned Development

91

12.00

OFF-STREET PARKING AND LOADING

97

12.01

General Provisions—Parking and Loading

97

12.02

Additional Regulations—Parking

99

12.03

Location of Accessory Off-Street Parking Facilities

101

12.04

Schedule of Parking Requirements

101

12.05

Additional Regulations—Off-Street Loading

106

12.06

Schedule of Loading Requirements

107

12.07

Landscape Requirements

109

13.00

ADMINISTRATION

113

13.01

Administrative Officer

113

13.02

Zoning Certificates and Building Permits

113

13.03

Occupancy Certificate

114

13.04

Zoning Board of Appeals

115

13.05

Appeals

116

13.06

Variations

118

13.07

Plan Commission

120

13.08

Amendments

121

13.09

Special Uses

123

13.10

Planned Unit Development

126

13.11

Fees

143

13.12

Violation, Penalty, Enforcement

143

13.13

When Effective

143

 

 

 

CITY OF SYCAMORE, ILLINOIS

AMENDED ZONING ORDINANCE OF 2001

 

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF SYCAMORE, DEKALB COUNTY, ILLINOIS,

That the Amended Zoning Ordinance of 1984, which had amended Sections 197 through 264 of Chapter XXII of the revised and compiled ordinances of the City of Sycamore, printed and published by the authority of the City Council, pursuant to an ordinance passed November 12, 1934, and all subsequent amendments thereto be deleted. The zoning provisions incorporated herein shall be inserted in their place.

This Ordinance is expressly adopted pursuant to the Home Rule Powers of the City of Sycamore under Section 6 of Article VII of the Illinois Constitution of 1970. All ordinances or parts of ordinances in conflict with this Ordinance are repealed insofar as they conflict.

Section 1.00—TITLE

This ordinance, including the Zoning Map made a part hereof, shall be known and cited and referred to as the "Sycamore Zoning Ordinance."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 2.00—INTENT AND PURPOSE

This comprehensive amendment to the Sycamore Zoning ordinance is adopted for the following purposes:

    1. To promote and protect the public health, safety, morals, comfort, and general welfare of the people;
    2. To divide the City of Sycamore into zones or districts restricting and regulating therein the location, erection, construction, reconstruction, alteration, and use of buildings, structures and land for residential, business, manufacturing and other specified uses;
    3. To protect the character and the stability of the residential, business, and manufacturing areas within the City of Sycamore and to promote the orderly and beneficial development of such areas;
    4. To provide adequate light, air, privacy, and convenience of access to property;
    5. To regulate the intensity of use of lot areas, and to determine the area of open spaces surrounding buildings necessary to provide adequate light and air, and to protect the public health;
    6. To establish building lines and the location of buildings designed for residential, business, manufacturing and other uses;
    7. To prevent additions to or the alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;
    8. To limit congestion in the public streets and to protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading and unloading of vehicles;
    9. To conserve the taxable value of land and buildings throughout the City of Sycamore; and
    10. To provide for the gradual elimination of non-conforming uses of land, buildings, and structures.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 3.00—RULES AND DEFINITIONS

3.01 Rules. In the construction of this ordinance the rules and definitions contained in this section shall be observed and applied, except when the context clearly requires otherwise:

    1. Words used in the present tense shall include the future.
    2. Words in the singular number include the plural number, and words in the plural number include the singular number.

3.02 Definitions.

Accessory Building or Use. An "accessory building or use" is one which:

    1. Is subordinate to and serves a principal building or principal use.
    2. Contributes to the comfort, convenience, or necessity of occupants of the principal building or principal use served; and
    3. Is located on the same zoning lot as the principal building or principal use served with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served.

Alley. A public way, not more than twenty (20) feet wide, which affords only a secondary means of access to abutting property.

Alteration, Structural. Any change which would tend to prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams, or girders.

Animal Hospital. Any building or portion thereof designed or used for the care, observation or treatment of domestic animals.

Apartment. A room or suite of rooms in a multiple-family structure, which is arranged, designed, used or intended to be used as a single housekeeping unit. Kitchen facilities, permanently installed, must always be included for each apartment.

Auditorium. A room, hall, or building made a part of a church, theatre, school, recreation building, or other building assigned to the gathering of people as an audience, to hear lectures, plays and other presentations.

Automobile Laundry. A building or portions thereof where automobiles are washed using automatic or hand operated mechanical devices. A self-service wash rack for the purpose of this ordinance shall be considered an automobile laundry.

Automobile Repair, Major. Engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair, and painting of vehicles.

Automobile Repair, Minor. Incidental repairs, replacement of parts and motor service to automobiles, but not including any operation specified under "Automobile Repair, Major".

Automobile Service Station. A place where gasoline, stored only in underground tanks, kerosene, lubricating oil or grease, for operation of automobiles, are offered for sale directly to the public, on the premises, and including minor accessories and the servicing of automobiles, but not including major automobile repairs; and including washing or automobiles with one wash rack. Automobile service station shall not include sale or storage of automobiles or trailers (new or used).

Automobile and Trailer Sales Area. An open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done except for minor incidental repair of automobiles or trailers to be displayed and sold on the premised.

Automobile Wrecking Yard. Any place where two or more motor vehicles, not in running condition, or parts thereof, are stored in the open and are not being restored to operations, or any land, building, or structure used for wrecking or storing for such motor vehicles or parts thereof, and including any used farm vehicles or farm machinery, or parts thereof, stored in the open and not being restored to operating condition; and including the commercial salvaging of any other goods, articles, or merchandise.

Awning. A roof-like cover, either permanent or temporary, which projects from the wall of a building and which may overhang a public way in the "C-2" Central Business District so long as it complies with the provisions of Section 11.08.08 of this Code.

Banks and Financial Institutions. Commercials banks, currency exchanges, savings and loan associations, brokerage offices, and other similar financial institutions, but not including loan offices, finance companies and pawn shops.

Basement. A story partly or wholly underground where more than one-half of its height is above the established curb level or above the average level of the adjoining ground where the curb level has not been established. A basement shall be counted as a story for purposes of height measurement.

Bed and Breakfast Guest Home. An owner occupied single family dwelling, having historic or architectural significance, providing accommodations for a charge to the public with no more than five guest rooms for rent that shall afford its guests the opportunity to visit the owner in a home like environment.

Billboard. Any structure or portion thereof upon which are signs or advertisements used as an outdoor display. This definition does not include bulletin boards used to announce church services or to display court or other public office notices, or signs offering the sale or lease of the premises on which the sign is located.

Block. A tract of land bounded by streets, or in lieu of a street or streets, by public parks, cemeteries, railroad right-of-way, bulkhead lines, or shorelines of waterways, or corporate boundary lines of municipalities.

Boarding House. A building other than a hotel, where for compensation and by pre-arrangement for definite periods, meals, or lodging and meals, are provided for three (3) or more persons.

Borrow Pit. Any place or premises where dirt, soil, sand, gravel, or other materials is removed by excavation or otherwise, below the grade of surrounding land, for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.

Buildable Area. The space on a zoned lot where it is permissible to construct a building or buildings, exclusive of the required yards.

Building. Any structure with substantial walls and roof securely affixed to the land and entirely separated on all sides from any other structure by space or by walls in which there are no communication doors, windows, or openings; and which is designed or intended for the shelter, enclosure, or protection of persons, animals, or chattels.

Building, Completely Enclosed. A building separated on all sides from the adjacent open space, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls, pierced only by windows and normal entrance or exit doors.

Building, Detached. A building surrounded by open space on the same zoning lot.

Building Height. The vertical distance measured from the sidewalk level or its equivalent established grade opposite the middle of the front of the building to the highest elevation of the roof in the case of a slant or flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip, or gambrel roof; provided that where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.

Building Line. The line nearest the front of and across a zoning lot, establishing the minimum open space to be provided between the front line of a building or structure and the street right-of-way line.

Building, Non-Conforming. Any building which does not conform to the regulations herein prescribing the maximum floor area ratio, required yards, coverage, height and setbacks, minimum required spacing between buildings on a single lot, and minimum required usable open space for the district in which such building is located.

Building, Principal. A non-accessory building in which the principal use of the zoning lot on which it is located is conducted.

Building Setback Line. The required minimum horizontal distance between the closest point of an exterior wall of a building or any projection thereon and the related front, side, or rear lot line.

Building, Temporary. Any building not designed to be permanently located in the place where it is or where it is intended to be placed or affixed.

Bulk. The term used to indicated the size and setbacks of buildings or structures and location of same with respect to one another and includes the following:

    1. Size and height of building.
    2. Location of exterior walls at all levels in relation to lot lines, streets, or other buildings.
    3. Gross floor area of buildings in relation to lot area (floor area ratio).
    4. All open spaces allocated to the building.
    5. Amount of lot area per dwelling unit.
    6. Required parking areas.

Business. Any occupation, employment, or enterprise where merchandise is exhibited or sold, or which occupies times, attention, labor, and materials, or where services are offered for compensation.

Canopy. A roof-like cover, either permanent or temporary, that is supported in whole or in part by vertical supports from the ground and which, in the "C-2" Central Business District, may overhang a public way so long as it complies with the provisions of Section 11.08.08 of this Code.

Carport. A structure attached or made a part of the principal building and which is open on at least two (2) sides, intended for the use of sheltering not more than two (2) motor vehicles.

Clinic or Medical Center. A medical center or medical clinic is an establishment where three or more licensed doctors of medicine engage in the practice of medicine, operating on a group or individual basis, with pooled facilities such as coordinated laboratory, X-ray, and allied departments for the diagnosis and treatment of humans, which need not, but may include, a drug prescription counter (not a drug store) for the dispensing of drugs and pharmaceutical products to the patients of the said organization. In addition to the above, the medical center or medical clinic may include the space for the practice of dentistry.

Club or Lodge, Private. A non-profit association of persons who are bona fide members paying annual dues, which owns, hires, or leases a building or portion thereof, the use of such premises being restricted to members and their guests.

Common Open Space. That land area within a subdivision, planned development or zoning lot not used to satisfy the requirements of this ordinance for yards, streets, driveways, off-street parking, or other required open areas serving individual uses or buildings, and which is provided for the use of the general public in the case of common open space dedicated to the public or in the case of private common open space which is only for the use of all the occupants of the subdivision, planned development, or zoning lot.

Court, Outer. An open, unoccupied space opening onto a street, alley, or yard.

Curb Level. The level of the established curb in front of the building measured at the center of such front. Where a building faces on more than one street, the "curb level" shall be the average of the levels of the curbs at the center of the front of each street. Where no curb elevation has been established, the mean level of the land immediately adjacent to the building shall be considered the "curb level".

Day Nursery. A building or portion thereof used for the daytime care of preschool age children.

District. The area into which the City of Sycamore has been divided for which uniform regulations governing the use, size, and intensity of land and buildings, and open space about buildings, is established.

Dwelling. A building or portion thereof, but not including a house trailer or mobile home, designed or used exclusively for residential occupancy, including one-family dwelling units, two-family dwelling units, and multiple-family dwelling units, but not including hotels, motels, boarding or lodging houses.

Dwelling Unit. One or more rooms in a residential structure which are arranged, designed, used or intended to be used by one family, plus not more than two lodgers, for living or sleeping purposes, and which include kitchen facilities permanently installed.

Dwelling, Attached (Group, Row, or Townhouses). A dwelling which is joined to another dwelling at one or more sides by a party wall or a wall or roof that is a functional part of the building.

Dwelling, Detached. A dwelling which is entirely surrounded by open space of the same lot, and is not connected to any other dwelling unit by roof, walls, or porches.

Dwelling, One-Family. A dwelling unit designed exclusively for use and occupancy by one family.

Dwelling, Two-Family. A building designed or altered to provide dwelling units for occupancy by two families living independently of each other.

Dwelling, Multiple-Family. A building or portion thereof, designed or altered for occupancy by three or more families living independently of each other.

Dwelling, Row (Party Wall). Attached one-family, party-wall dwellings, not more than two and one-half stories in height nor more than two rooms in depth, measured from the building line.

Dwelling Group. Two or more one-family, two-family, or multiple-family dwellings, or boarding or lodging houses, located on one zoning lot, but not including tourist courts or motels.

Educational Institution. Public, parochial, private, charitable, or non-profit school, junior college, college or university, other than trade or business schools, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants, and other incidental facilities for students, teachers, and employees.

Efficiency Unit. A dwelling unit consisting of one principal room for living, sleeping, and eating, that includes facilities for cooking, a kitchen sink, and a bathroom with toilet, lavatory, and a tub or shower.

Family. One or more persons related by blood, marriage, or adoption, or a group of not more than three persons (excluding servants) who need not be related by blood, marriage, or adoption, living together and maintaining a common household but not including sororities, fraternities, or other similar organizations.

Exception: In the case of group homes for developmental or mentally disabled individuals who by necessity require this type of living arrangement, this group of individuals shall be considered as a "family" with no specific regard to numbers.

Floor Area, Gross (For the Purpose of Determining Floor Area Ratio). The floor area of a building or buildings shall be the sum of the gross horizontal areas of the several floors of such building or buildings measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings. In particular, "gross floor area" shall include:

    1. Basement space if at least one-half of the basement story height is above the established curb or ground level.
    2. Elevator shafts and stairwells at each floor.
    3. Floor space used for mechanical equipment where the structural headroom exceeds seven and one-half feet; except equipment, open or enclosed, located on the roof, i.e., bulkheads, water tanks, and cooling towers.
    4. Attic floor space where the structural headroom exceeds seven and one-half feet.
    5. Interior balconies and mezzanines.
    6. Enclosed porches, but not terraces and breezeways.
    7. Accessory buildings.

Floor Area, Gross (For the Purpose of Determining Requirements for Off-Street Parking and Off-Street Loading). The floor area shall mean the sum of the gross horizontal area of the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and other basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.

However, floor area for the purpose of measurement of off-street parking spaces shall not include floor area devoted primarily to storage purposes. The following areas shall not be included for the purpose of measurement of off-street parking spaces:

    1. Floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space.
    2. Basement floor area other than area devoted to retailing or service activities, or the production or processing of goods, or to business or professional offices.

Floor Area Ratio (F.A.R). The total floor area of the building or buildings on the zoning lot divided by the area of such zoning lot, or in the case of a planned development by the net site area.

Frontage. All the property fronting on one side of a street between the nearest intersecting streets or between a street and a right-of-way, waterway, or other similar barrier.

Garage, Private. Portion of the main building or detached accessory building housing the vehicles of the occupants of the premises.

Garage, Public. A building other than a private garage, used for the care, incidental servicing and sale of automobile supplies, or where motor vehicles are parked or stored for renumeration, hire, or sale within the structure, but not including trucks, tractors, truck trailers and commercial vehicles exceeding one and one-half ton capacity.

Garage, Truck. A building which is used or intended to be used for the storage of motor trucks, truck trailers, tractors, and commercial vehicles exceeding one and one-half ton capacity.

Golf Course. Public, semi-public, or private grounds over which the game of golf is played, including accessory buildings and land uses incidental thereto, and consisting of at least sixty acres for each standard nine-holes course, and twenty-fives acres for each nine-hole "par 3" course.

Guest House. Living quarters within a detached accessory building located on the same premises with the principal building for use by temporary guests of the occupants of the premises. Such quarters shall have no kitchen facilities nor be rented or otherwise used as a separate dwelling.

Home Occupation. Any occupation or profession carried on by a member of a family, residing on the premises, in connection with which no sign is used other than that allowed by the sign regulations for the district in which such home occupation is located; provided that no commodity is sold upon the premises except such as may be produced on the premises by members of the immediate family residing on the premises, and provided that no mechanical equipment is used except such as is normally used for domestic, hobby, or household purposes. Home Occupation shall include that use of such premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment, but not for the general practice of his profession.

Hospital or Sanitarium. An institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, or care for not less than twenty four hours in any week of three or more non-related individuals suffering from illness, disease, injury, deformity, or other abnormal physical conditions.

Hotel, Apartment. A building containing dwelling units or individual guestrooms, the majority of which are for permanent guests.

Hotel, Motel, Inn, or Auto Court. An establishment containing lodging accommodations designed for use by transients, travelers, or temporary guests in which there are six (6) or more guest rooms. Facilities provided may include maid service, laundering of linen used on the premises, telephone and secretarial or desk service, meeting rooms, and restaurants, including the sale of alcoholic beverages.

Junk Yard. An open area where waste, scrap metal, paper, rags, or similar materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including auto and building wrecking yards, but excluding similar uses taking place entirely within a completely enclosed building.

Kennel, Commercial. Any lot or premises on which four (4) or more dogs, at least four (4) months of age, are kept.

Laboratory, Commercial. A place devoted to experimental study such as testing and analyzing. Manufacturing, assembly, or packaging of products is not included within this definition.

Loading and Unloading Space or Berth, Off-street. An open, hard-surfaced area of land other than a street or a public way, the principal use of which is for the standing, loading, and unloading of motor vehicles, tractors, and trailers, to avoid undue interference with public streets and alleys. Such space shall not be less than ten feet in width, twenty-five feet in length, and fourteen feet in height, exclusive of access aisles and maneuvering space.

Lodging or Rooming House. A building with not more than five guest rooms where lodging is provided for compensation pursuant to previous arrangements, but not open on a daily, overnight, or per meal basis to transient guests.

Lot. A parcel of land legally described as a distinct portion or piece of land of record.

Lot Area. The area of a horizontal plane bounded by vertical planes containing the front, side, and rear lot lines.

Lot of Record. An area of land designated as a lot on a plat of subdivision recorded or registered, pursuant to statute.

Lot, Corner. A lot situated at the junction of and abutting on two or more intersecting streets; or a lot at the point of deflection in alignment of a single street, the interior angle of which is 135 degrees or less.

Lot Coverage. The area of a zoning lot occupied by the principal building or buildings and accessory buildings.

Lot Depth. The mean horizontal distance between the front and rear lot lines of a lot measured within the lot boundaries.

Lot Frontage. The front of a lot shall be that boundary of a lot along a public street.

Lot Frontage, Corner. The portion of a lot between the building set back line and the street right of way that shall apply to both yards on the street side of a corner lot. It is permissible to orient the building on a corner lot in either direction; however, once rear and side yards have been established they may not be changed unless all yards conform to this Code.

Lot Line. A property boundary line of any lot held in single or separate ownership, except that where any portion of the lot extends to the abutting street or alley, the lot line shall be deemed to be the street or alley line.

Lot Interior. A lot other than a corner or reversed corner lot.

Lot Line, Front. The front property line of a zoning lot.

Lot Line, Interior. A side lot line common with another lot.

Lot Line, Rear. The lot line or lot lines most nearly parallel to and most remote from the front lot lines.

Lot Line, Side. Lot lines other than front or rear lot lines are side lot lines.

Lot, Reversed Corner. A corner lot, the rear of which abuts upon the side of another lot, whether across an alley or not.

Lot, Through. A lot having frontage on two parallel or approximately parallel streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.

Lot, Width. The mean horizontal distance between the side lot lines measured within the lot boundaries, or the minimum distance between the side lot lines within the buildable area.

Manufacture. The production, making, or processing of products or commodities for general consumption of the public or for sale to specialized institutions or organizations. Also included is the sub-assembly, fabrication, or processing of parts or components for use in other products or commodities.

Marquee or Canopy. A roof like structure of a permanent nature which projects from the wall of a building and may overhang the public way, and is designed and intended to protect pedestrians from adverse weather conditions.

Mobile Home. Any trailer as defined herein used for residential purposes but not including sports or camping trailers.

Mobile Home Camp or Park. Any premises on which are parked two or more mobile homes or any premises used or held out for the purpose of supplying to the public a parking space for two (2) or more such mobile homes. It does not include sales lots on which automobiles or unoccupied mobile homes, new or used, are parked for purposes of inspection of sale.

Motel. See "Hotel".

Motor Freight Terminal. A building in which freight brought to said building by motor truck is assembled and sorted for routing in intrastate and interstate shipment by motor truck.

Nameplate. A sign indicating the name and address of a building or the name of the occupant thereof and the practice of a permitted occupation therein.

Net Site Area. The area inside of lot lines exclusive of established or existing street and alley rights-of-way.

Non-conforming Use. Any building structure or land lawfully occupied by a use or lawfully established at the time of the adoption of this ordinance or amendments thereto which does not conform after the passage of this ordinance or amendments there to with the use and regulations of this ordinance.

 

Noxious Matter. Material which is capable of causing injury to living organisms by chemical reaction or is capable of causing detrimental effects upon the psychological, social, or economic well-being of human beings.

Nursery Child Care. An establishment for the part-time care of five (5) or more children of pre-elementary school age in addition to the members of the family residing therein.

Nursing Home or Rest Home. A commercial establishment for the care of children or the aged or infirm or a place of rest for those suffering bodily disorders but not including facilities for the treatment of sickness or injuries or for surgical care.

Occupancy Certificate. A certificate issued by the Building Inspector stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this ordinance.

Office, Professional. Any office used primarily for accounting, medical, legal, consulting, correspondence, editing, administration, and related service including a clinic or medical center.

Open Sales Lot. Any lot or parcel of land used or occupied for the purpose of buying, selling, or trading of any goods and commodities and including the storage of same prior to sale or exchange.

Ordinance. Reference to "Ordinance", unless otherwise indicated, shall be construed as the Sycamore Zoning Ordinance as amended from time to time.

Parking Area, Private. An open, hard-surfaced area, other than a street or public way, designed, arranged, and made available for the temporary storage of private passenger automobiles of occupants of the building or buildings for which the parking area is developed and is accessory.

Parking Area, Public. An open, hard-surfaced area, other then a street or public way, intended to be used for the temporary storage of passenger automobiles and commercial vehicles under one and one-half tons capacity, and available to the public, whether for compensation, free or as an accommodation to clients or customers.

Parking Space, Automobile. Space within a public or private parking area of not less than one hundred and seventy-one (171) square feet (nine feet by nineteen feet), exclusive of access drives, or aisles, ramps, columns, or office and work areas, for the storage of one passenger automobile or commercial vehicle under one and one-half tons capacity.

Plan Commission. The Plan Commission of the City of Sycamore as constituted by ordinance.

Planned Unit Development. A parcel or tract of land, initially under single ownership or control, which contains two or more principal buildings and more than one principal use—planned and constructed as a unified development where specific regulations of a given zoning district are modified through the issuance of a special use permit.

Porch. A roofed-over structure, projecting out from the wall or walls of a main structure and commonly open to the weather in part.

Principal Use. The main use of land or buildings as distinguished from a subordinate or accessory use.

Public Open Space. Any publicly owned open area, including but not limited to the following: parks, playgrounds, forest preserves, beaches, waterways, parkways, and streets.

Public Utility. Any person, firm, corporation, or municipal department, duly authorized to furnish under public regulation to the public, electricity, gas, cable, steam, telephone, transportation, wastewater treatment (sewer) and water.

Railroad Right-of-Way. A strip of land with tracks and auxiliary facilities for track operation, but not including depot loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops, water towers, etc.

Restaurant. Any land, building, or part thereof, other than a boarding house, where meals are provided for compensation, including a café, cafeteria, coffee shop, lunch room, drive-in stand, tea room, and dining room, and including the serving of alcoholic beverages when served with and incidental to the serving of meals.

Restaurant, "Drive-In". An establishment, the principal use of which is the dispensing of food commodities in disposable containers, wrappings, or packaging, for consumption by patrons in the establishment or on the premises, or for use of consumption off the premises, or where said food is served to patrons in vehicles upon the premises.

Sign. Any display, device, notice, figure, painting, drawing, message, placard, bulletin, board, symbol, letter, word, numeral, emblem, trademark, flag, banner, pennant or other thing which is designated, intended, or used to advertise, inform, or direct attention to.

The term "sign" shall include, among other structures, and whether illuminated or non-illuminated, every ground sign, wall sign, projecting sign or under canopy sign. However, the term "sign" shall not include any display of official, court or public office notices, nor shall it include the flag, emblem or insignia of a nation, governmental unit, school or religious group.

 

Sign, Advertising. (See Billboard).

Sign, Business. A sign which directs attention to a business or profession conducted, or to a commodity, service or entertainment sold or offered, upon the premises which such sign is located or to which it is affixed.

Sign, Church Bulletin Board. A sign attached to the exterior of a church or located elsewhere on the church premises, and used to indicate the services or activities of the church and including its name, if desired.

Sign, Flashing. Any directly or indirectly illuminated sign, either stationary or animated, which exhibits changing natural or artificial light or color effects by any means whatsoever. This definition does not include time and temperature signs.

Sign, Gross Surface Area Of. A sign shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural or framing elements lying outside the limits of such sign and not forming an integral part of the display.

Sign, Identification. A structure, building wall, or other outdoor surface used to display and identify the name of the individual, business, profession, organization, or institution occupying the premises upon which it is located.

Stable, Private. Any building which is located on a lot or parcel of land which is designed, arranged, used, or intended to be used for housing one or more horses.

Stacking Requirements. For the purpose herein, stacking requirements are the number of cars that must be accommodated in a reservoir space while awaiting ingress or egress to specified business or service establishments.

Story. That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above, then the space between the floor and the ceiling next above it. Any portion of a story exceeding fourteen (14) feet in height shall be considered as an additional story for each fourteen (14) feet or fraction thereof.

Story, Half. A half-story is that portion of a building under a gable, hip, or mansard roof, the wall plates of which on at least two opposite exterior walls are not more than four and one-half feet above the finished floor of each story. In case of one-family dwellings and multiple-family dwellings less than three stories in height, a half-story in a sloping room shall not be counted as a story.

Street. A public way other than an alley, which affords a primary means of access to abutting property.

Street Line. A line separating a lot, piece or parcel of land from a street.

Structure. Anything constructed or erected which requires location on the ground or is attached to something having location on the ground, including a fence or free-standing wall. A sign, billboard, or other advertising medium, detached or projecting, shall be construed to be a structure.

Structural Alterations. See Alterations, Structural.

Swimming Club, Private (Commercial). A private club operated for profit, maintaining and operating a swimming pool and apparatus and equipment pertaining to the swimming pool, with specified limitations upon the number of members, for the exclusive use of members and their guests.

Swimming Club, Private (Not-for-Profit). A private club incorporated as a (Not-for-Profit) club or organization, maintaining and operating a swimming pool, with specified limitations upon the number of members, or limited to residents of a block, subdivision, neighborhood, community, or other specified area of residence, for the exclusive use of members and their guests.

Swimming Pool, Commercial. A swimming pool and the apparatus and equipment pertaining to the swimming pool, operated for profit, open to the pubic upon payment of an hourly, daily, weekly, monthly, annual, or other fee.

Swimming Pool, Private. A swimming pool and the apparatus and equipment pertaining to the swimming pool maintained by an individual for the sole use of his household and guests without charge for admission and not for the purpose of profit or in connection with any business operated for profit, located on a lot as an accessory use to a residence.

Swimming Pool, Public. A swimming pool and the apparatus and equipment pertaining to the swimming pool, maintained and operated by a municipality or other unit of government for the general public, whether or not an admission fee is charged.

Tavern or Lounge. A building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food.

Toxic Materials. A substance (liquid, solid, or gaseous) which, by reason of an inherent deleterious property, tends to destroy life or impair health.

Trailer. Any vehicle, house car, or any portable or mobile vehicle on wheels, skids, rollers, or blocks, either self propelled or propelled by any other means, which is used or designed to be used for residential, living, sleeping, or commercial purposes. A permanent foundation shall not change its character unless the entire structure is erected in accordance with the locally-adopted building codes.

Trailer, Sports or Camping. A trailer designed for camping or other recreational purposes.

Truck Parking Area or Yard. Any land used or intended to be used for the storage or parking of trucks, trailers, tractors and including commercial vehicles, while not loading or unloading, which exceeds one and one-half tons in capacity.

Use. The purpose for which land or a building thereon is designed, arranged or intended, or for which it is occupied or maintained, let or leased.

Use, Principal. The main use of land or buildings as distinguished from a subordinate or accessory use.

Used Car Lot. A zoning lot on which used or new cars, trailers or trucks are displayed in the open for sale or trade.

Yard. An open space on the same zoning lot with a principal building or group of buildings, which is unoccupied and unobstructed from its lowest level upward, except as otherwise permitted herein, and which extends along a lot line and at right angles thereto to a depth or width specified in the yard regulations for the district in which the zoning lot is located.

Yard, Front. A yard extending across the full width of the lot and lying between the front lot line and the nearest line of the building.

Yard, Rear. A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building.

Zoning Administrator. Wherever the term "Zoning Administrator" is used, it shall mean the Zoning Administrator appointed by the Mayor and City Council and such deputies or assistants as have been or shall be duly appointed. That officer is hereby authorized and it is his duty to administer and enforce the provisions of the zoning ordinance, making such determinations, interpretations, and orders as are necessary therefore, and requiring such plats, plans, and other descriptive materials in connection with applications for permits as are necessary for him to judge compliance with the ordinance.

Zoning Board. The Zoning Board of Appeals for the City of Sycamore, Illinois.

Zoning Lot. A single tract of land located within a single block which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a zoning lot may or may not coincide with a lot of record.

Zoning Maps. The official zoning map or maps incorporated herein as a part hereof, designating zoning districts.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 4.00—GENERAL PROVISIONS

4.01 Interpretation.

    1. Relationship with Other Laws. Where the conditions imposed by any provision herein upon the use of land or buildings or upon the bulk of buildings are either more restrictive or less restrictive than comparable conditions imposed by any other provisions herein or any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (or which impose higher standards or requirements) shall govern.

4.02 Separability. It is hereby declared to be the intention of the City of Sycamore that the several provisions of this comprehensive amendment are separable, in accordance with the following:

    1. If any court of competent jurisdiction shall adjudge any provision or its application of this comprehensive amendment invalid as to a particular property, building, or other structure, such judgment shall not affect the application of said provisions to any other property, building, or structure not specifically included in said judgment.

4.03 Scope of Regulations.

    1. Change in Structure or Use. Except as may otherwise be provided, all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alterations or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations herein which are applicable to the zoning districts in which such buildings, uses or land shall be located.
    2. Building Permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of the ordinance and provided that construction is begun within ninety (90) days of such effective date and completed within eighteen (18) months, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit was issued, and further may upon completion be occupied under a certificate of occupancy by the use for which it was originally designated—subject to the provisions of Section 5.00.

4.04 Use and Bulk Regulations.

    1. Use. No building, structure, or land or part thereof shall hereafter be erected, raised, moved, reconstructed, converted, extended, enlarged, or structurally altered except in conformity with the regulations herein specified for the district in which it is located unless otherwise stated in this ordinance.
    2. Bulk. All new buildings and structures shall conform to the building regulations established herein for the district in which each building shall be located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the City of Sycamore.

4.05 Lot Coverage.

    1. Maintenance of Yards, Courts, and Other Open Spaces. The maintenance of yards, courts, and other open spaces and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or of the property on which it is located, as long as the building is in existence.
    2. Division of Zoning Lots. No improved zoning lot shall hereafter be divided into two or more zoning lots unless all improved zoning lots resulting from each such division shall conform with all the applicable bulk regulations of the zoning district in which the property is located.
    3. Required Yards for Existing Buildings. No yards now or hereafter provided for a building existing on the effective date of the zoning ordinance shall subsequently be reduced below, or further reduced below if already less than the minimum requirements of the ordinance for equivalent new construction.
    4. Permitted Obstructions in Required Yards. The following shall not be considered to be obstructions when located in the required yards specified:
    1. In All Yards:
    1. An open terrace but not including a roofed over porch.
    2. Awnings and canopies, but not projecting more than ten (10) feet, and at least seven (7) feet above the average level of the adjoining ground.
    3. Steps, four (4) feet or less above grade, which are necessary for access to a permitted building or for access to a zoning lot from a street or alley.
    4. Chimneys projecting eighteen (18) inches or less into the yard.
    5. Arbors, trellises, flag poles, fountains, sculptures, plant boxes, and other similar ornamental objects.
    6. Additions or enlargements which are either vertical in nature only, so not to further violate lot or yard footage requirements, or additions or enlargements which do not, with reference to front, side, or rear yard requirements, cause the structure to protrude any closer to the front, side or rear lot line as it already does at any given point.
    1. In Front Yards. One-story bay windows projecting three (3) feet or less into the yards; and overhanging eaves and gutters projecting three (3) feet or less into the yard.
    2. In Rear Yards. Enclosed, detached off-street parking spaces, open off-street parking spaces, accessory shed, tool rooms, and similar buildings or structures for domestic or agricultural storage, balconies, breezeways, and open porches; one-story bay windows projecting three (3) feet or less into the yard; overhanging eaves and gutters projecting three (3) feet or less into the yard.
    3. In Side Yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding two (2) feet.
    1. Exceptions for Existing Developments.
    1. Where there is a proposed lot shown on a preliminary plat which was approved by the City Council prior to June 24, 1996, the following lot and yard requirements shall be applicable for construction of and additions to single family dwellings:
    1. The lot must be at least four thousand five hundred (4,500) square feet.
    2. The lot must have a width of at least forty (40) feet at the established building line.
    3. The following yards shall be provided and maintained except that if a substantial portion of an existing building is closer than front, side, or rear yard requirements contained herein, enlargements may be made to within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansions, enlargements, alterations, or additions.
    1. Front Yard. A front yard of not less than twenty (20) feet in depth shall be provided.
    2. Side Yard.
    1. On interior lots there shall be a side yard on each side of the main building of not less than five (5) feet.
    2. On corner lots the side yard requirements shall be the same as for interior lots except that there shall be maintained a side yard of not less than twenty (20) feet on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage.
    1. Rear Yard. There shall be a rear yard having a depth of not less then twenty-five (25) feet except that an attached garage not used as a dwelling may extend to within five (5) feet of the rear lot line.
    1. Where there is a proposed lot shown on a preliminary plat which was approved by the City Council prior to June 24, 1996, the following lot and yard requirements shall be applicable for construction of and additions to two family dwellings:
    1. The lot must be at least seven thousand (7,000) square feet.
    2. The lot must have a width of at least forty-five (45) feet at the established building line.
    3. The following yards shall be provided and maintained except that if a substantial portion of an existing building is closer than front, side, or rear yard requirements contained herein, enlargements may be made to within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansions, enlargements, alterations, or additions.
    1. Front Yard. A front yard not less than twenty-five (25) feet in depth shall be provided.
    2. Side Yard.
    1. On interior lots there shall be a side yard on each side of the main building of not less than five (5) feet provided that when an access drive is required for parking in rear yard this yard must be at least ten (10) feet wide.
    2. On corner lots the side yard requirements shall be the same as for interior lots except that there shall be maintained a side yard of not less than twenty-five (25) feet on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage.
    1. Rear Yard. There shall be a rear yard having a depth of not less than thirty (30) feet except that an attached garage not used as a dwelling may extend to within five (5) feet of the rear lot line.
    1. Where there is a proposed lot shown on a preliminary plat which was approved by the City Council prior to June 24, 1996, the following lot and yard requirements shall be applicable for construction of and additions to multiple family dwellings:
    1. The lot must have a minimum area of nine thousand (9,000) square feet with the following minimum lot area per dwelling unit:
    2. 4 bedrooms or more apartment 3200 square feet

      3 bedroom apartment 3000 square feet

      2 bedroom apartment 2800 square feet

      1 bedroom or efficiency apartment 2400 square feet

    3. The lot must have a width at the established building line of at least sixty-five (65) feet.
    4. The following yards shall be provided and maintained except that if a substantial portion of an existing building is closer than front, side, or rear yard requirements contained herein, enlargements may be made to within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansions, enlargements, alterations, or additions.
    1. Front Yard. A front yard of not less than twenty-five (25) feet in depth shall be provided.
    2. Side Yard.
    1. On interior lots there shall be a side yard on each side of the main building of not less than five (5) feet provided that when an access drive is required for parking in rear yard this yard must be at least ten (10) feet wide.
    2. On corner lots the side yard requirements shall be the same as for interior lots except that there shall be maintained a side yard of not less than thirty (30) feet on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage.
    1. Rear Yard. There shall be a rear yard having a depth of not less than thirty (30) feet except that an attached garage not used as a dwelling may extend to within five (5) feet of the rear lot line.
    1. Front Yard Setbacks Heretofore Established. Notwithstanding any of the foregoing provisions of this Section 4.05, where forty (40) percent or more of the lots on one side of a street between two intersecting streets are developed with buildings that do not conform with the required front yard setback, the required building setback may be adjusted as follows:
    1. Where a building is to be erected on a parcel of land that is within one hundred (100) feet of existing buildings on both sides, the minimum required front yard building setback shall be a straight line drawn between the two closest front corners of the adjacent buildings on the two sides; or

2) Where a building is to be erected on a parcel of land that is within one hundred (100) feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building.

4.06 Lot Area and Dimension.

    1. Contiguous Parcels. When two or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they may be combined and used as one zoning lot.

4.07 Access to Public Streets. Except as otherwise provided for herein, every building shall be constructed or erected upon a lot or parcel that abuts upon a public street unless a permanent easement of access to a public street was of record prior to the adoption of the ordinance.

4.08 Number of Buildings on a Zoning Lot. Except in the case of a planned development, not more than one principal detached residential building shall be located on a residential lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

4.09 Rezoning of Public and Semi-Public Areas. An area indicated on the zoning map as a public park, recreation area, public school site, cemetery, or other similar open space, shall not be used for any other purpose than that designated, and when the use of the area is discontinued, it shall be automatically zoned "R-1" One Family District until appropriate zoning is recommended to the City Council by the Plan Commission.

4.10 Residential Accessory Buildings. Accessory buildings, except as otherwise permitted in this ordinance shall be subject to the following regulations:

    1. Where an accessory building is structurally attached to a main building, it shall be subject to and must conform to all regulations of this ordinance applicable to main buildings, except attached garages not used for living purposes shall be required to retain a rear yard of five (5) feet.
    2. No detached residential accessory building shall be erected or enlarged unless the following yards are provided and maintained except that if a substantial portion of an existing building is closer than front, side, or rear yard requirements contained herein, enlargements may be made to within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansion, enlargements, alterations, or additions.
    1. Front—20 feet. In the case of a corner lot, 20 feet shall be provided from each street lot line.
    2. Side—3 feet.
    3. Rear—3 feet.
    4. No detached accessory building shall be located closer than five (5) feet from the property line adjacent to an alley and in the case of a garage the building may not be located closer than twenty (20) feet from the property line on the side on entry.
    1. No detached accessory building shall be located closer than three (3) feet of any main building.
    2. No accessory building shall be constructed to a "Building Height" greater than fourteen (14) feet.
    3. No accessory building or structure shall be constructed on any lot prior to the establishment or construction of the principal building to which it is accessory.

4.11 Accessory Uses.

    1. All accessory uses shall be located not closer than five (5) feet to any lot line. Driveways are permitted to extend to the lot line.
    2. Gasoline dispensing facilities and other unenclosed, roofed structures:
    1. Pump islands are permitted within the required front yard setbacks or within the required side yard setbacks adjacent to a side street provided they, along with the entrances and exits to the gasoline station, are installed according to the most recent standards of the Illinois Department of Transportation and the City of Sycamore’s Engineering Department.
    2. Unenclosed roof structures to shelter vehicles serviced at pump islands are permitted according to the following requirements:
    1. There shall be a minimum vertical clearance of fourteen (14) feet between the lowest portion of the roof of said structure and the grade level of the surface below said roof structure.
    2. No part of the roofed, unenclosed structure shall be closer than five (5) feet to the nearest property line.
    3. No portion of a roofed, unenclosed structure may be included in the area designated for the off-street parking.
    4. No portion of a roofed, unenclosed structure shall be within any portion of a fire lane or be in a position to hinder fire or fire rescue operations.
    5. The clearance height shall be clearly marked on all approach sides of the structure.

4.12 Temporary Buildings. A temporary real estate office may be allowed in conjunction with a new housing development, limited to the selling or renting of new units in such development, but in no case to be in operation for more than one year following completion of construction of said housing development. Temporary buildings for construction purposes may be allowed in any district for a period not to exceed the completion date of construction.

4.13 Uses Not Specifically Permitted in Districts. When a use is not specifically listed in the sections devoted to Permitted Uses, it shall be assumed that such uses are hereby expressly prohibited unless by a written decision of the Plan Commission it is determined that said use is similar to and not more objectionable than uses listed. Such uses may then be permitted.

4.14 Lighting and Utility Standards.

    1. Lighting Standards.
    1. Subdivisions and Planned Unit Developments: All public streets, sidewalks, and other common areas or facilities in subdivisions or planned unit developments created after the effective date of this Ordinance shall be sufficiently illuminated to ensure the security of property and the safety of persons using such streets, sidewalks, or other common areas or facilities. After receiving approval from the City Engineer for the location of lighting within the city rights-of-way, the subdivider shall make arrangements with Commonwealth Edison for the initial installation of Commonwealth Edison lighting poles, bracket arms, light fixtures, lamps, and associated wiring. The City shall be responsible for the maintenance, replacement, and energy costs incurred after the installation and acceptance of the lighting facility. Without limiting the generality of the foregoing standard, the following minimum standards shall apply:
    2. aa. All newly-created public streets within subdivisions shall have street lights installed at a maximum spacing of three hundred fifty (350) feet and a minimum average ground level foot candle illumination of 0.4. Street lights in residential subdivisions shall not exceed thirty (30) feet in height.

      bb. Street lighting for major collector and arterial streets adjacent to a newly-created subdivision shall be installed in accordance with the requirements and standards of the applicable jurisdiction (e.g. County or Township Highway Department or the Illinois Department of Transportation). In other situations, street lighting requirements shall be reviewed and approved by the City Engineer.

       

    3. Unsubdivided and Other Developments: At the expense of the developer, all roads, driveways, sidewalks, parking lots, and other common areas and facilities in unsubdivided and other developments shall be sufficiently illuminated to ensure the security of property and the safety of persons using such roads, driveways, sidewalks, parking lots, and other common areas and facilities. Without limiting the generality of the foregoing standard, the following minimum standards shall apply:

aa. For residential uses, lights shall be installed in all parking areas containing five (5) or more parking spaces and shall be illuminated between dusk and dawn. For non-residential uses, lights shall be installed in all parking areas containing five (5) or more parking spaces and shall be illuminated between dusk and dawn whenever said premises are open for operation. "Open for Operation" shall be any time that a retail business is open for the sale of goods or services, or an office or industrial facility that actually has employees working within or upon said premises, other than guards or watchmen. Lights shall be not more than fifteen (15) feet in height in residential zoning districts, and not more than thirty (30) feet in height in other zoning districts.

bb. Where lighted areas are required, lighting shall be provided as follows:

 

 

Minimum* Maximum*

Residential Zoning District 1.5 2

Commercial Zoning District 2.0 5

Industrial Zoning District 2.5 5

*Average Ground Level Foot-Candles

 

    1. Excessive Illumination.
    2. Lighting within any property that unnecessarily illuminates any other property and substantially interferes with the use or enjoyment of such other property is prohibited. In furtherance of this requirement, all lighting on private property shall be so arranged or designed using cut-off lenses as to direct light away from adjoining premises and streets. Flood and spot lights shall be shielded when necessary to prevent glare on adjoining properties or public rights-of-way and to avoid visual interference with traffic control devices. Detailed lighting design plans and calculations shall be provided when deemed necessary by the City Engineer.

    3. Utility Standards: Electric Power and Telephone Service.

Every principal use, every lot, and every identified public need (e.g. street lights, traffic signals, etc.) within a subdivision or development shall have available to it a source of electric power and telephone service adequate to accommodate the reasonable needs of such use, lot, and public need within such subdivision or development. Compliance with this requirement shall be determined by the electric utility service provider and the telephone utility company.

Certain Utilities to be Placed Underground.

    1. All electric power lines (not to include transformers or enclosures containing electrical equipment including, but not limited to, switches, meters, or capacitors which may be pad-mounted), telephone, gas distribution, and cable television lines in residential subdivisions, constructed after the effective date of this Ordinance, shall be placed underground in accordance with the specifications and policies of the respective utility service provider, except where otherwise provided by the City Council.

b. Whenever an unsubdivided or other development for residential purposes is hereafter constructed on a lot that is undeveloped on the effective date of this Ordinance, then all electric power, telephone, gas distribution, and cable television lines installed to serve the development that is located on the development site, outside of a previously existing public street right-of-way, shall be placed underground in accordance with the specifications and policies of the respective utility providers.

    1. Utilities to be Planned and Installed to Accommodate External Development.
    2. Whenever it can reasonably be anticipated that utility facilities constructed in one development will be extended to serve other adjacent or nearby developments, such utility facilities (e.g. water or sewer lines) shall be located and constructed so that extensions can be made conveniently and without undue burden or expense or unnecessary duplication of service. In the event that sizing of water or sanitary sewer facilities, over and above the requirements of the development under consideration is deemed appropriate by the City Engineer, then such upsizing shall be incorporated in the subdivision or development engineering plans. Arrangements may be made for the City to share in the cost and/or reimburse the developer for such upsizing, commensurate with the cost of the increased facility requirements.

    3. As-Built Drawings Required.
    4. Whenever a developer installs, or causes to be installed, any utility line in any public right-of-way or easement, the developer shall, as soon as practicable after installation is complete and before acceptance of any utility line, furnish the City with a copy of a drawing that shows the exact location of all utility lines within the right-of-way or easement. Such drawings must be verified as accurate by the utility service provider.

    5. Acceptance.

The City shall not be obligated to accept any public lighting improvement within any phase of a development until all public improvements within that phase are completed to the satisfaction of the City Engineer. The City shall, once the City Engineer shall so certify, proceed diligently to obtain a resolution of the City Council accepting such public improvement. The City shall not be obligated to maintain any public lighting improvement until after it has been accepted by the City Council.

4.15 Home Occupations.

    1. Home occupations are permitted as an accessory use to a residential use in any residential district subject to the requirements of this section.
    2. Home occupations shall be operated entirely within the principal residential dwelling and shall not occupy more than fifteen (15) percent of the total floor area of the said residential dwelling, with the use of the dwelling for a home occupation being clearly incidental and subordinate to its use for residential purposes by it occupants.
    3. No home occupation shall be conducted in a detached garage or accessory structure.
    4. In no way shall the appearance of the dwelling be altered or the occupation within the residence be operated in such a way as to cause the premises to depart from its residential character either by the use of colors, materials, construction, lighting, the emission of sounds, vibrations, or odors.
    5. One non-illuminated sign no larger than two (2) square feet in area may be affixed to the residence in which the home occupation is conducted.
    6. No commodity is to be sold upon the premises except such as may be produced exclusively on the premises by members of the immediate family, provided that no person may be employed other than a member of the family residing on the premises.
    7. No mechanical equipment may be used that has a greater impact than equipment normally used for domestic, hobby, or household purposes in terms of noise, vibration, odors, or electrical interference.
    8. A home occupation shall not create substantially greater vehicle or pedestrian traffic than normal for the district in which it is located. In addition, the home occupation shall not generate substantially more parked vehicles either on the property or on adjacent streets than what would typically appear in the neighborhood.
    9. No outdoor storage of materials or equipment used in the home occupation is permitted.
    10. No storage or display of materials, goods, supplies, or equipment related to the home occupation shall be visible from the outside of the residence.
    11. No home occupation shall cause a substantial increase in the use of any one or more utilities (water, sewer, electricity, natural gas) beyond the norms for residences in the neighborhood.
    12. The following home occupations are not permitted since, once started, they tend to increase beyond the limits defined by this Section: auto repair, carpentry work, large appliance repair, the painting of vehicles, furniture stripping, and similar uses.
    13. Home occupations that might qualify include, but are not limited to, the following: professional offices such as accountants, architects, artists, attorneys, individual tutors, insurance offices, one-chair barber shops, two chair beauty shops, and qualified massage therapists who have either attained certification from the National Certification Board for Therapeutic Massage and Bodywork, or who have received a diploma or a certificate from a state-approved school, having completed a minimum of 500 curriculum hours. All certified or licensed massage therapists shall prominently display their certificate or diploma in their home offices.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 5.00--NON-CONFORMING BUILDINGS AND USES

5.01 Continuance of Use.

    1. Any lawfully established use of a building or land, on the effective date of this ordinance or of amendments thereto, that does not conform to the use regulations for the district in which it is located, shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.
    2. Any legal, non-conforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

5.02 Discontinuance of Use.

    1. Whenever any part of a building, structure or land occupied by a non-conforming use is changed to or replaced by a use conforming to the provisions of this ordinance, such premises shall not thereafter be used or occupied by a non-conforming use, even though the building may have been originally designed and constructed for the prior non-conforming use.
    2. When a non-conforming use has been discontinued for a period of twelve (12) consecutive months, or whenever there is evident a clear intent on the part of the owner to abandon a non-conforming use, such use shall not after being discontinued or abandoned, be re-established, and the use of the premises thereafter shall be in conformity with the regulations of the district.

5.03 Change of Non-conforming Use. The non-conforming use of any building, structure, or portion thereof, which is designed or intended for a use not permitted in the district in which it is located, may be changed to another non-conforming use thereof but only if such other use is permitted by a Special Use Permit as authorized in Section 13.09 of this Ordinance.

5.04 Repairs and Alterations.

    1. Normal maintenance of a building or other structure containing a non-conforming use is permitted, including necessary non-structural repairs and incidental alterations which do not extend or intensify the non-conforming use.
    2. No structural alteration or enlargement shall be made in a building or other structure containing a non-conforming use, except in the following situations:
    1. When the alteration is required by law.
    2. When the alteration will actually result in eliminating the non-conforming use.
    3. When a building in a residential district containing residential non-conforming uses may be altered in a way to improve livability, provided no structural alterations shall be made which would increase the number of dwelling units or increase the degree or extent of its nonconformity with respect to the bulk regulations of the district in which it is located.
    1. No non-conforming use may be enlarged in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of the ordinance, or to displace any conforming use in the same building or on the same parcel.
    2. A building or structure which is non-conforming with respect to off-street parking, yards, floor area ratio, or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its non-conformity with respect to the off-street parking regulations and bulk regulations of the district in which it is located.
    1. Damage and Destruction. If a building or other structure containing a non-conforming use is damaged or destroyed by any means to the extent of sixty- (60) percent or more of its replacement value at that time, the building or other structure can be rebuilt or used hereafter only for a conforming use and in compliance with the provisions of the district in which it is located. In the event the damage or destruction is less than sixty (60) percent of its replacement value, based upon prevailing costs, the building may then be restored to its original condition and the occupancy or use of such building which existed at the time of such destruction may be continued. Estimates of damage shall be determined by the adjustment of the Fire Insurance Company.

In the event that restoration or repair is allowed, such restoration of the building or other structure must be started within a period of six (6) months from the date of damage or destruction and diligently prosecuted to completion, and completion shall be within one (1) year from the date of damage. If not completed within one (1) year the use shall be abandoned as specified in Section 5.02.

 

 

 

 

 

 

 

Section 6.00--ZONING DISTRICTS AND MAPS

6.01 Districts. In order to accomplish the purpose of this ordinance as stated in Section 2.00, the City of Sycamore, Illinois is hereby divided into the following districts:

A-1 Agricultural District

R-1 One-Family Residence District

R-2 Two-Family Residence District

R-3 Multiple-Family Residence District

C-1 Neighborhood Business District

C-2 Central Business District

C-3 Highway Business District

C-4 Mixed-Use--Commercial District

M-1 Light Manufacturing District

M-2 Heavy Manufacturing District

ORI Office, Research, Light Industrial District

    1. Maps. The boundaries of the zoning districts are established as shown on the map entitled "Official Zoning Map of Sycamore, Illinois," which map is made a part hereof, and shall have the same force and effect as if the Zoning Map, together with all notations, references, and other information shown thereon were fully set forth and described herein.
    2. District Boundaries. When uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:
  1. District boundary lines are either the center line of railroads, highways, streets, alleys or easements, or the boundary lines of sections, quarter sections, divisions of sections, tracts or lots, or such lines extended or otherwise indicated.
  2. In areas not subdivided into lots and blocks, wherever a district is indicated as a strip adjacent to and paralleling a street or highway, the depth of such strips shall be in accordance with the dimensions shown on the maps measured at right angles from the center line of the street or highway, and the length of frontage shall be in accordance with dimensions shown on the map from section, quarter section or division lines, or center lines of streets, highways, or railroad rights of way unless otherwise indicated.
  3. When a lot is divided by District boundary lines, the entire lot shall be construed to be within that Zoning District occupying the greater area of said lot. In case the division by District boundary lines results in equal areas, the entire lot shall be construed to be in the less restricted zoning district.
    1. Zoning of Public Ways. All streets, alleys, public ways, waterways, and railroad rights of way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting on such alleys, streets, public ways, and railroad rights of way or waterways. Where the center line of a street, alley, public way, waterway, or railroad right of way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.
    2. Zoning of Annexed Land. Any area annexed to the City of Sycamore shall, unless otherwise provided for by agreement, be automatically zoned "R-1" One Family Residence District.
    3. City’s Zoning Power. The City’s zoning power shall extend one and one-half (1 ½) miles outside the City limits.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 7.00--A-1 AGRICULTURAL DISTRICT

7.01 Permitted Uses. The following uses are permitted:

    1. Crop and Tree farming.
    2. Gardening
    3. Forestry and Nursery Operation

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 8.00--RESIDENTIAL DISTRICTS

8.01 R-1 One-Family Residence District.

    1. Permitted Uses. One-family detached dwellings and permitted accessory uses.
    2. Off-street parking facilities as permitted in Section 12.00.

      Home Occupations in accordance with Section 4.15 of this Ordinance.

    3. Special Uses. The following may also by permitted provided the location and the plan for development is reviewed and recommended by the Plan Commission and approved by the City Council.
    1. Airports or aircraft landing fields.
    2. Cemeteries
    3. Churches, rectories, seminaries, convents, monasteries, and similar religious institutions, including dormitories and other accessory uses required for operation.
    4. Colleges and universities, including dormitories, fraternities, sororities, and other accessory buildings necessary for operations, but not including business colleges or trade schools.
    5. Golf courses, regulation size or "par 3," but not including commercially operated driving ranges or miniature golf courses.
    6. Governmental buildings and facilities, including public libraries.
    7. Institutions for the aged and for children.
    8. Parks, forest preserves, and recreational areas, when publicly owned and operated.
    9. Planned Residential developments, under single ownership or control, in which incidental business or recreational facilities for the convenience of the occupants may be furnished, provided the property proposed for development shall have a gross area of at least two (2) acres. For such developments, the City Council may vary the regulations herein, provided such variations are consistent with the general purpose and intent of the ordinance and will result in better site planning and thus be of greater benefit to both the occupants of the development and to the community.
    10.  

    11. Private recreational areas or camps, when not operated for profit.
    12. Public service uses, including filtration plant, pumping station and water reservoir, sewage treatment plant, police and fire stations, telephone exchanges, electric substations, and other similar public service uses.
    13. Radio and television stations and towers.
    14. Railroad rights-of-way and trackage, but not including reclassification yards, terminal facilities or maintenance facilities.
    15. Rest homes, nursing homes, hospitals, clinics, and sanitariums.
    16. Day or nursery schools, public or private, for pre-school age children, provided there is a minimum of one hundred (100) square feet of outdoor play area for each child to be cared for and that the play area is fenced and screened with planting from all adjoining lots in any "R" District.
    17. Schools, public denominational or private, elementary and high, including playgrounds and athletic fields auxiliary thereto.
    18. Swimming club, private (commercial).
    19. Swimming club, private (not-for-profit).
    20. Swimming pool, public.
    21. Professional Office.
    1. Height. No building shall be erected or enlarged to exceed a height of two and one-half (2 1/2) stories, nor shall it exceed thirty-five (35) feet.
    2. Minimum Lot Area.
    1. Every dwelling hereafter erected or enlarged shall be on a lot having an area of not less than nine thousand (9,000) square feet and a width at the established building line of not less than seventy five (75) feet unless otherwise specified in the General Provisions.
    2. Exception: The lots on the arc of a cul-de-sac shall have a minimum average lot width of seventy-five (75) feet.

    3. Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
    1. Minimum Ground Floor Area Exclusive of Open Porches and Garages.
    1. Single Family--One Story: eight hundred and fifty (850) square feet.
    2. Single Family--More than One Story: six hundred (600) square feet.
    1. Floor Area Ratio.
    1. One Family detached dwellings--0.35, provided that said requirement shall be 0.50 in the case of two story dwellings.
    2. Special Uses--F.A.R. shall be prescribed when a special use permit is authorized.
    1. Yard Requirements. No building shall be erected or enlarged unless the following yards are provided and maintained except that if a substantial portion of an existing building is closer than front, side, or rear yard requirements contained herein, enlargements may be made to within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinance prohibiting non-conforming expansions, enlargements, alterations, or additions.
    1. Front Yard. A front yard of not less than twenty (20) feet shall be provided.
    2. Side Yard.
    1. On interior lots there shall be a side yard on each side on the main building of not less than seven (7) feet measured from the building wall unless otherwise specified in the General Provisions.
    2. On corner lots, a side yard shall be provided of not less than twenty (20) feet on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage.

 

    1. Rear Yard. There shall be a rear yard having a depth of not less than twenty-five (25) feet, except that an attached garage not used for dwelling purposes may extend to within seven (7) feet of the rear line unless other wise specified in the General Provisions.
    2. The yard requirements for residential accessory buildings shall be as prescribed in Section 4.10.
    3. The yard requirements for special uses shall be prescribed at the time the special use permit is issued but in no case shall the yard requirements be less than for the One Family District.
    1. Off-Street Parking. Off-street parking and loading shall be provided as required or permitted in Section 12.00.
    2. Home Occupation. All persons conducting home occupations that may not conform with Section 4.15 of this Ordinance shall obtain a permit for such occupancy annually by May 1 in accordance with the following:
    1. Applications. Every home occupation shall be registered with the City Clerk and the person shall furnish in writing the following information:
    1. Name and description of applicant.
    2. Address (permanent and local).
    3. A brief description of the nature of the home occupation
    4. The name and address of the person(s) employed.
    5. The length of time the applicant wishes to be engaged in such activity.
    6. If a vehicle is to be used, description of the same, together with license number or other means of identification.
    7. If necessary to verify information supplied at the time of filing the application, access shall be given to the Zoning Administrator and Police Chief to inspect the premises for which the application is made.
    8. At the same time of filing the application, a fee of twenty-five dollars ($25.00) shall be paid to the City Clerk who shall then issue a "Home Occupation Permit" with identifying number and date of purchase.
    9. It shall be the duty of the Chief of Police to promptly make such verification of the information stated by the applicant as the circumstances require and complete such investigation in not more than twenty days after the filing of an application.
    10. If the applicant does not meet the definition of "Home Occupation", the Zoning Administrator shall advise the City Clerk that no license should be issued. If the above requirements are satisfactorily met, then a permit shall be issued. Permits issued pursuant to these requirements may be revoked by the Mayor after notice for any fraud, misinterpretation or false statement contained in the application for permit or any violation of these requirements.

Exception: These requirements shall not apply to pre-existing lawful home occupations at the time of its enactment either as to its permit requirement or so as to diminish non-conforming usage. Provided that commencing with the year 2013 all of its terms shall be applicable in their entirety to all premises.

Until the year 2013, the provisions of Sections 5.02, 5.03, 5.04, and 5.05 are incorporated herein and shall control the discontinuance, change, repair, or attention, damage or destruction of pre-existing lawful home occupations.

8.02 R-2 Two-Family Residence District.

    1. Permitted Uses. Any use permitted in the "R-1" One-Family District. Two family dwellings.
    2. Special Uses. Any special use permitted in the "R-1" One-Family Residence District.
    3. Bed and Breakfast Guest Home.

    4. Height. No building shall be erected or enlarged to exceed a height of two and one-half (2 ½) stories, not shall it exceed thirty-five (35) feet.
    5. Minimum Lot Area.
    1. Every two-family dwelling hereafter erected or enlarged shall be on a lot having a minimum area of not less than eleven thousand (11,000) square feet and a width at the established building line of not less than ninety (90) feet, unless otherwise provided in the General Provisions.
    2. Exception: The lots on the arc of a cul-de-sac shall have a minimum average lot width of ninety (90) feet.

       

    3. Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
    1. Minimum Ground Floor Area Exclusive of Open Porches and Garages.
    1. Two-Family—One Story: six hundred (600) square feet per dwelling unit.
    2. Two-Family—More than one story: four hundred (400) square feet per dwelling unit.
    1. Floor Area Ratio.
    1. One Family detached dwellings 0.35—Provided that said requirement shall be 0.50 in the case of two story dwellings.
    2. Two-Family dwellings—0.50
    3. Special Uses—F.A.R. shall be prescribed when a special use permit is authorized.
    1. Yard Requirements. No building shall be erected or enlarged unless the following yards are provided and maintained except that if a substantial portion of an existing building is closer than front, side, or rear yard requirements contained herein, enlargements may be made within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansions, enlargements, alterations, or additions.
    1. Front Yard. A front yard of not less than twenty-five (25) feet in depth shall be provided.
    2. Side Yard.
    1. On interior lots there shall be a side yard on each side of the main building of not less than seven (7) feet measured from the building wall, provided that when an access drive is required for parking in the rear yard a minimum of twelve (12) feet must be provided on the drive side unless otherwise specified in the General Provisions.
    2. On corner lots the side yard requirement shall be the same as for interior lots except that there shall be maintained a side yard of not less than twenty-five (25) feet on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage.
    1. Rear Yard. There shall be a rear yard having a depth of not less than thirty (30) feet, except that an attached garage not used for dwelling purposes may extend to within seven (7) feet of the rear lot line unless otherwise specified in the General Provisions.
    2. The yard requirements for residential accessory buildings shall be as prescribed in Section 4.10.
    3. The yard requirements for special uses shall be prescribed at the time the special use permit is issued but in no case shall the yard requirements be less than for the Two Family District.
    1. A dwelling used as a single-family dwelling located in an "R-2" District shall be construed for purposes of yard requirements as though located in an "R-1" District.
    2. Off-Street Parking. Off-street parking and loading shall be provided as required or permitted in Section 12.00.
    3. Single family attached dwellings having a common wall along a lot line may be permitted in the "R-2" Two-Family Residence District provided the City Council approves a Special Use Permit meeting the following criteria:
    1. Not more than one dwelling unit shall be constructed on a lot.
    2. Not more than one dwelling unit shall be attached to another dwelling unit.
    3. The side yard setback from the lot line in which the common wall will be placed shall be abated entirely. All other setback requirements of the "R-2" District shall be adhered to.
    4. A dwelling unit on a lot with an abated side yard setback from the lot line on which the common wall will be placed shall share said common wall with a dwelling unit on an adjacent lot which shall also have an abated side yard setback from the same lot line, and each of said dwelling units shall be constructed at the same time.
    5. All common wall construction standards, whether existing or proposed, shall be in conformance with all building, electrical, plumbing, and other applicable codes and ordinances.
    6. Each dwelling unit shall be serviced with its own water service line, building sewer line, sump pump line and all other utility lines and extensions. In the event that a lot has been developed prior to this ordinance, a properly executed and recorded easement agreement for use and maintenance of common sewer and water lines shall be required.
    7. A subdivision plat shall be prepared in accordance with Title 10 "Subdivision Regulations" of the City Code and approved simultaneously with the Special Use Permit. The plat shall reference a recorded common wall agreement and shall include a note stating the construction on the proposed lots shall be limited to "common wall construction only". The common wall agreement shall provide that all dwelling units constructed on the subdivision shall be initially constructed and thereafter maintained in such a manner as to have architecturally compatible exteriors, including, but not limited to identical roofing materials, siding materials, and colors. Each common wall agreement shall be in such a form as is acceptable to the Zoning Administrator and City Attorney. The City shall be given the right, but shall have no obligation, to enforce any provision of the common wall agreement.
    8. Minimum requirements:
    1. Individual lots shall have an area of not less than 3500 square feet and shall have a width at the building line of not less than thirty (30) feet. The combined width and area of the two individual lots containing the two attached single family dwellings shall not be less than the minimum lot width and area requirements contained in Section 8.02.4a.
    2. A front yard fence shall not be permitted on the common wall property line.
    3. All other setback and dimensional requirements of this ordinance shall be adhered to.

 

8.03 R-3 Multiple-Family Residence District.

    1. Permitted Uses. Any of the uses in the "R-2" District. Multiple-Family dwellings and apartments.
    2. Nursing homes.

      Boarding houses, lodging house, or rooming house (in accordance with City ordinance).

       

    3. Special Uses. Any use which may be allowed as a special use in the "R-1" District.
    4. Bed and Breakfast Guest Homes.

      Medical and dental offices and medical centers.

      Philanthropic or eleemosynary uses or institutions provided that not more than twenty (20) percent of the gross floor area or two thousand (2,000) square feet, whichever is greater, shall be used as office space.

      Private clubs or lodges, except those for which the chief activity is service normally considered a business.

      Off-street open parking areas, provided there is a need for this facility in the interest of public necessity and convenience and that no appropriate site is available in nearby business or manufacturing districts.

      Undertaking establishments, funeral parlors.

    5. Height. No building shall be erected or enlarged to exceed a height of four (4) stories nor shall it exceed fifty (50) feet.
    6. Minimum Lot Area.
    1. All structures or buildings containing three (3) or more dwelling units shall be located on a lot that provides a minimum lot area as follows:
    2. 4 bedrooms or more 4200 square feet per unit

      3 bedrooms 4000 square feet per unit

      2 bedrooms 3800 square feet per unit

      1 bedroom or efficiency 3600 square feet per unit

      In all cases the minimum lot area shall be no less than eleven thousand (11,000) square feet with a width at the building line of no less than ninety (90) feet unless otherwise specified in the General Provisions.

      Exception: The lots on the arc of a cul-de-sac shall have a minimum average lot width of ninety (90) feet.

    3. Minimum lot areas for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized.
    1. Minimum Ground Floor Area Exclusive of Open Porches and Garages.
    1. Multiple-Family—One Story: four hundred (400) square feet per dwelling unit.
    1. Floor Area Ratio.
    1. One-Family dwellings—0.35; except in the case of a two-story dwelling—0.50
    2. Two-Family dwellings—0.50
    3. Multiple-Family dwellings—1.00
    4. Special Uses—F.A.R. shall be prescribed when a special use permit is authorized.
    1. Yard Requirements. No building shall be erected or enlarged unless the following yards are provided and maintained except that if a substantial portion of an existing building is closer than front, side, or rear yard requirements contained herein, enlargements may be made to within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansions, enlargements, alterations, or additions.
    1. Front Yard. A front yard of not less than twenty-five (25) feet in depth shall be provided.
    2. Side Yard.
    1. On interior lots there shall be a side yard on each side on the main building of not less than seven (7) feet measured from the building wall, provided that when an access drive is required for parking in the rear yard a minimum of twelve (12) feet must be provided on the drive side unless otherwise specified in the General Provisions.
    2. On corner lots the side yard requirement shall be the same as for interior lots except that there shall be maintained a side yard of not less than twenty-five (25) feet on the side adjacent to the street which intersects the street upon which the building or structure maintains frontage.
    1. Rear Yard. There shall be a rear yard having a depth of not less than thirty (30) feet, except that an attached garage not used for dwelling purposes may extend to within seven (7) feet of the rear lot unless otherwise specified in the General Provisions.
    2. The yard requirements for residential accessory buildings shall be as prescribed in Section 4.10.
    3. The yard requirements for special uses shall be prescribed at the time the special use permit is issued but in no case shall the yard requirements be less for the Multiple-Family District.
    1. A dwelling used as a single-family dwelling located in an "R-3" District shall be construed for purposes of yard requirements as though located in an "R-1" District.
    2. Off-Street Parking. Off-street parking and loading shall be provided as required or permitted in Section 12.00.
    3. Single family attached dwellings having a common wall along a lot line may be permitted in the "R-3" Multiple Family Residence District provided the City Council approves a Special Use Permit meeting the following criteria:
    1. Not more than one dwelling unit shall be constructed on a lot.
    2. More than one dwelling unit may be attached to another dwelling unit.
    3. The side yard setback from the lot line on which the common wall will be placed shall be abated entirely. All other setback requirements of the "R-3" District shall be adhered to.
    4. A dwelling unit on a lot with an abated side yard setback from the lot line on which the common wall will be placed shall share said common wall with a dwelling unit on an adjacent lot which shall also have an abated side yard setback from the same lot line, and each of said dwelling units shall be constructed at the same time.
    5. All common wall construction standards, whether existing or proposed, shall be in conformance with all building, electrical, plumbing, and other applicable codes and ordinances.
    6. Each dwelling unit shall be serviced with its own water service line, building sewer line, sump pump line and all other utility lines and extensions. In the event that a lot has been developed prior to this ordinance, a properly executed and recorded easement agreement for use and maintenance of common sewer and water lines shall be required.
    7. A Subdivision plat shall be prepared in accordance with Title 10 "Subdivision Regulations" of the City Code and approved simultaneously with the Special Use Permit. The plat shall reference a recorded common wall agreement and shall include a note stating the construction on the proposed lots shall be limited to "common wall construction only". The common wall agreement shall provide that all dwelling units constructed on the subdivision shall be initially constructed and thereafter maintained in such a manner as to have architecturally compatible exteriors, including, but not limited to, identical roofing materials, siding materials, and colors. Each common wall agreement shall be in such a form as is acceptable to the Zoning Administrator and City Attorney. The City shall be given the right, but shall have no obligation, to enforce any provision of the common wall agreement.
    8. Minimum requirements:
    1. Individual lots shall have an area of not less than 3600 square feet and shall have a width at the building line of not less than thirty (30) feet. The combined width and area of the multiple individual lots containing the attached single family dwellings shall not be less than the minimum lot width and area requirements contained in Section 8.03.4a.
    2. A front yard fence shall not be permitted on the common wall property line.
    3. All other setback and dimensional requirements of this ordinance shall be adhered to.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 9.00 BUSINESS DISTRICTS

9.01 C-1 Neighborhood Business District.

    1. Permitted Uses. The following retail business and service uses are permitted, provided they are operated entirely within a building except for off-street parking and loading facilities. The conducting of a business for the sale and/or consumption of alcoholic beverages in an outdoors area shall be prohibited.
    2. Antique shops.

      Apartments, provided they are located on the second floor and above a business use permitted in the "C-1" District. All the requirements of the "R-3" District pertaining to lot area and off-street parking must be met.

      Bakery shops, including the baking and processing of food products prepared for retail sales on the premises only.

      Barber shops.

      Beauty shops.

      Candy stores.

      Custom dressmaking and millinery shops when conducted for retail sales on the premises only.

      Dairy product stores.

      Drug stores.

      Dry cleaners.

      Florist and household plant shops for retail trade on the premises only.

      Frozen food stores and food lockers.

      Garden and lawn supply and equipment stores.

      Gift, novelty, and souvenir shops.

      Grocery stores.

      Health food stores.

      Ice cream shops.

      Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as part of the retail operations and secondary to the main use.

      Laundries, automatic, self-service or hand.

      Massage Therapy, provided the practitioners meet the certification standards defined in Section 4.15.13.

      Meat and seafood markets.

      News stands.

      Offices, business, and professional, including medical clinics.

      Package liquor stores.

      Parking lots and garages, other than accessory, and subject to the provisions of Section 12.00.

      Restaurants, tearooms, and cafes, when the establishment is not of the drive-in type where food is served to occupants remaining in motor vehicles.

      Shoe repair shops.

      Tailor shops.

      Taverns and pubs, subject to control of Liquor Commissioner.

    3. Special Uses. The following uses may be allowed by special use permit:
    4. Other retail business uses not specifically listed above, when found to have economic compatibility with established uses on adjoining property.

      Automobile service stations.

      Bed and breakfast guest homes.

      Churches or lodges (not for profit), fraternal or religious institutions.

      Hospitals, sanitariums, rest homes, and nursing homes.

      Planned developments, business, as defined in Section 13.00.

      Parks, when publicly owned and operated.

      Public utility and public service uses, including:

      Electric substations.

      Fire stations.

      Police stations.

      Public art galleries and museums.

      Public libraries.

      Telephone exchange, repeater stations, microwave relay towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity, bus terminal or other public transportation terminal facilities, water filtration plants, water pumping stations, water reservoir, other similar uses.

       

      Railroad rights-of-way and trackage.

      "Temporary structures". With restrictions to be considered at the time of the special use approval.

    5. Conditions of Use. The uses permitted in this district, except residence district uses, shall be retail and service establishments dealing with consumer and shall be subject to the following conditions:
    1. The sale of foodstuffs or articles intended for human consumption shall be conducted wholly within an enclosed building.
    2. Establishments of the "drive-in" type, offering goods or services directly to customers waiting in parked or standing motor vehicles, are not permitted.
    3. There shall be no manufacture, processing or treatment of products other than that which is clearly incidental and essential to the retail business conducted on the same premises.
    4. No uses, operations or products shall be objectionable due to odor, dust, smoke, noise, vibration or other similar causes.
    5. Any exterior sign displayed shall pertain only to a use conducted within the building.
    1. Yard Requirements. No building shall be erected or enlarged unless the following yards are provided and maintained except that if a substantial portion of an existing building is closer than front, side, or rear yard requirements contained herein, enlargements may be made to within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansions, enlargements, alterations, or additions.
    1. Front and Side Yard.
    1. No front or side yards shall be required except where at least seventy-five (75) percent of the total frontage on both sides of the street between two consecutive intersecting streets is in a residential district, the front yard regulations for that particular residential zoning district shall apply to the said lots in the business district.
    2. Where a "C-1" District abuts a residential district a side yard of fifteen (15) shall be provided on the side adjacent to the residential district.
    3. Where the extension of a front or side lot line in a "C-1" District coincides with the front lot line of an adjacent lot located in a residence district, a yard of not less than fifteen (15) shall be provided.
    1. Rear Yard.

There shall be a rear yard of not less than fifteen (15) feet when abutting upon a publicly dedicated alley or public way and not less than twenty (20) feet when no dedicated alley or public way exists at the rear of the lot.

    1. Lot Area. No minimum lot area is required for the "C-1" District.
    2. Signs. Signs shall be as permitted in Section 11.00.
    3. Off-street Parking and Loading. Parking and loading facilities shall be provided as required or permitted in Section 12.00.
    4. Height. No building shall be erected or enlarged to exceed a height of two and one-half (2 1/2) stories nor shall it exceed thirty-five (35) feet.

9.02 C-2 Central Business District.

    1. Permitted Uses. The following business uses and service establishments are permitted, provided they are conducted substantially within an enclosed building--except for off-street parking or loading facilities and except for establishments of the "drive-in" type offering goods and services directly to customers waiting in parked or standing motor vehicles, and except where specified below as permitted on an open lot. The conducting of a business for the sale and/or consumption of alcoholic beverages in an outdoors area shall be prohibited.
    2. Any use permitted in the "C-1" Neighborhood Business District.

      Advertising agencies.

      Agricultural implement sales and service.

      Ambulance service.

      Amusement establishments--billiard parlors, bowling alleys, commercial swimming pools, coin operated game machines, dance halls, skating rinks, tennis courts, and other similar places of recreation.

      Art galleries.

      Art and craft supply stores.

      Auction rooms.

      Automobile sale and service.

      Automobile service stations.

      Automobile accessories and parts stores.

      Automobile washing, including the use of mechanical conveyors, blowers, and steam-cleaning.

      Banks, and other savings and lending institutions.

      Battery, muffler, radiator, tires, transmission service centers.

      Bicycle sales and service.

      Blueprinting and photostating establishments.

      Boats and outboard motor sales and service.

      Books and magazine stores.

      Bridal shops.

      Building materials sales.

      Business and trade schools.

      Bus passenger station and terminals.

      Cabinet sales and service.

      Card shops.

      Catalog and mail order stores.

      Catering establishments.

      Ceramic products stores.

      Child care nursery.

      Cigar stores.

      Clock stores.

      Clothing, apparel and personal furnishing stores for men, women, children, and infants.

      Coin and stamp stores.

      Computer programming and related services.

      Contractor's office and shops, where no fabricating is done on the premises and where all storage of materials and equipment is within a building.

      Dance studios and schools.

      Delicatessen stores.

      Department stores.

      Drapery stores.

      Electrical, heating, and air-conditioning, plumbing and refrigeration supplies, sales and service.

      Electronic equipment sales and service.

      Employment agencies.

      Exterminating shops.

      Fabric shops.

      Feed, seed, and farm supply stores, wholesale and retail.

      Fire and burglar protection and detection equipment, sales and service.

      Fireplace and patio equipment stores.

      Floor covering stores.

      Funeral homes.

      Furniture and home furnishing stores.

      Furriers and fur shops.

      Garages, public, for storage of private passenger automobiles and commercial vehicles under one and one-half tons.

      Glass cutting and glazing establishments.

      Greenhouses.

      Hardware stores.

      Health agencies.

      Health studios and figure salons.

      Hobby, toy, and game stores.

      Home improvement and decorating centers.

      Hotels and motels.

      Household appliance stores.

      Janitorial services.

      Jewelry shops.

      Laboratories (medical, dental, research, experimental, and testing) provided no production or manufacturing of products takes place and provided the performance standards of the "M-1" District are complied with.

      Laboratory equipment sales and service.

      Lawn mower repair shops.

      Linen, towel, and diaper service.

      Luggage and leather goods stores.

      Massage Therapy, provided the practitioners meet the certification standards defined in Section 4.15.13.

      Mattress and bedding supply stores.

      Meeting halls, including clubs and lodges.

      Mini-warehouse storage.

      Monument sales, but not including cutting or grinding of stones or other material, on an open lot or within a building.

      Motorcycle sales and service.

      Museums.

      Musical instrument shops.

      Newspaper offices.

      Notary public and license services.

      Nursery stock for retail sales only, including trees, shrubs, bushes, etc.

      Office supplies and equipment stores.

      Pet shop or animal hospital when conducted wholly within an enclosed building.

      Phonograph equipment and supply stores.

      Photographic equipment and supply stores.

      Photography studios.

      Printing, publishing, and issuing of periodicals, books, stationery, and other reading matter.

      Professional design.

      Radio and television sales and repair shops.

      Radio and television stations.

      Record stores.

      Rental of all goods and services which are permitted for sale under this Section.

      Restaurants of all types.

      Re-upholstery and furniture repair shops.

      Shoe stores.

      Signs, sales, and service.

      Snowmobile sales and service.

      Sporting and recreational goods and supplies.

      Swimming pools, sales, and service.

      Taxicab establishments.

      Taxidermists.

      Telephone answering service.

      Telephone exchange, repeater stations, microwave relay towers and stations, mobile transmitting towers and stations, antenna towers and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity, and including business offices in conjunction therewith.

      Theatres.

      Tool sharpening and repair shops.

      Trailer sales or rental (including mobile homes and camp trailers) business on an open lot or within a building, not including occupancy of trailers.

      Travel agencies.

      Unemployment agencies.

      Variety stores.

      Vending machine sales and service.

      Water softening and conditioning equipment sales and service.

    3. Special Uses. The following uses may be allowed by special use permit:
    4. Any use which may be allowed as a special use in the C-1 District, unless already permitted under Subsection 9.02-1 above.

      Cemeteries or Mausoleums.

      Outdoor amusement establishments, fairgrounds, golf practicing ranges, miniature golf, carnivals, circuses, race tracks, kiddie parks and other similar amusement centers and including places of assembly such as stadiums and arenas.

      Riding academies and Public stables.

    5. Yard Requirements. No building shall be erected or enlarged unless the

following yards are provided and maintained except that if a substantial portion of an existing building is closer than front, side or rear yard requirements contained herein, enlargements may be made to within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansions, enlargements, alterations or additions.

 

    1. Front Yard. No front yard shall be required.
    2. Side Yard. No side yard shall be required.
    3. Rear Yard. There shall be a rear yard of not less than five (5) feet.
    1. Signs. Signs shall be permitted as provided in Section 11.00.
    2. Off-Street Parking and Loading. Parking and loading facilities shall be provided as required or permitted in Section 12.00.
    3. Lot Area. No lot area shall be required.
    4. Height. No building or structure shall be erected or enlarged to exceed a height of six (6) stories, nor shall it exceed seventy-five (75) feet.
    1. C-3 Highway Business District.
    1. Permitted Uses. The following uses are permitted: Any use permitted in the C-2 Central Business District. The conducting of a business for the sale and/or consumption of alcoholic beverages in an outdoors area shall be prohibited.
    2. Special Uses. The following uses are permitted in accordance with the provisions of this section and Section 13.00.
    3. Any special use permitted in the C-2 Central Business District.

      Highway maintenance shops and goods.

      Theatres (automobile drive-ins).

    4. Yard Requirements. No building shall be erected or enlarged unless the following yards are provided and maintained except that if a substantial portion of an existing building is closer than front, side or rear yard requirements contained herein, enlargements may be made within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansions, enlargements, alterations or additions.
    1. Front Yard. A front yard of not less than fifty (50) feet.
    2. Side Yard. There shall be provided a side yard of not less than ten (10) feet width except where abutting upon residential district or street lines then a thirty (30) feet side yard shall be provided. In the case of a corner lot, a fifty (50) foot side yard adjoining the street shall be provided.
    3. Rear Yard. Not less than twenty-five (25) feet.
    1. Signs. The erection, construction, alteration and location of signs, other advertising structures, marquees and awnings shall be in conformity with the provisions of Section 11.00.
    2. Off-Street Parking and Loading. Off-street parking and loading facilities shall be provided as permitted or required in Section 12.00.
    3. Lot Size.
    1. Lot Area. Minimum lot area of fifteen thousand (15,000) square feet.
    2. Lot Width. Minimum lot width of one hundred (100) feet.
    3. Lot Depth. Minimum lot depth of one hundred fifty (150) feet.
    1. Height.

No building shall be erected or enlarged to exceed a height of four (4) stories, nor shall it exceed fifty-five (55) feet.

9.04 C-4 Mixed Use, Commercial Business District

 

    1. Planned Development. All Mixed-Use developments shall be planned unit developments and shall comply with the general provisions for planned unit developments defined in Section 13.10 of this Code.
    2. Minimum Site Size. All Mixed-Use developments shall be ten (10) acres or more in area.
    3. Purpose. The purpose of this zoning classification is to accommodate compatible residential and commercial uses on larger tracts of land and to maximize opportunities for orderly economic development. Typical mixed use designs include a core of community facilities (schools, day care centers, post offices, churches) and small retail establishments (corner markets, dry cleaners) adjacent to, or surrounded by, a variety of housing types including single-family detached homes, townhouses, apartment buildings and duplexes. Public or open space to promote public gathering is encouraged, in contrast with utilitarian open space such as stormwater retention ponds or undevelopable areas such as floodplains or wetlands.
    4. Permitted Uses: Commercial.
    5. Antique Shops

      Bakery Shops

      Beauty Shops

      Bed and Breakfast Homes

      Candy Stores

      Custom Dressmaking or Millinery Shops

      Drug Stores

      Dry Cleaners

      Florist Shops

      Gift Shops

      Ice Cream Shops

      Laundries, Automatic

      Offices, Professional, including medical clinics

      Convenience Store, with or without gas pumps

      Tailor Shops

    6. Permitted Uses: Residential.
    7. Single Family detached homes;

      Two-Family dwellings;

      Single-Family attached homes;

      Two-Family Dwellings; and

      Multiple-Family Dwellings and Apartments.

    8. Conditions of Use.
    1. Combined storm water detention;
    2. Internal roadways for access to individual parcels rather than multiple curb cuts on collector streets;
    3. Compatible architecture in terms of bulk, building materials, height, etc.
    4. Compatible ground-mounted monument-style signage;
    5. Extensive landscaped or open space buffers between uses;
    6. Extensive parking lot screening especially along peripheral roadways;
    7. Sidewalks and bike paths that directly connect the mix of uses.
    1. Standards of Use.
    1. The density for each use shall not exceed the recommended density as shown on the Land Use Plan of the Comprehensive Plan for the City.
    2. Commercial uses shall not be greater in area than forty (40) percent of the planned mixed use development.
    3. The open areas for each use shall meet or exceed the minimum requirements for each use as defined in this Code.
    4. All other minimum requirements pertaining to commercial and residential uses established in the mixed use development shall be subject to the requirements for each individual classification as established elsewhere in this Code.

 

    1. Signs. See Section 11.00 of this Code.
    2. Off-Street Parking and Loading. See Section 12.00 of this Code.
    3. Height. No building shall be erected or enlarged to exceed a height of two and one-half stories, nor shall it exceed thirty-five (35) feet.

 

Section 10.00 - MANUFACTURING DISTRICTS

    1. M-1 Light Manufacturing District.
    1. Permitted Uses. The following uses are permitted:
    1. Retail and Service Uses: Any use permitted in the C-3 Highway Business District. The conducting of a business for the sale and/or consumption of alcoholic beverages in an outdoors area shall be prohibited.
    2. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products - except those uses involving the storage, utilization or manufacture of materials or products which decompose by detonation, and which shall not be injurious or offensive to the occupants of adjacent premises by reasons of the emission of or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious materials, odors, fire or explosive hazards, or glare or heat, which uses include but are not limited to the following:
    3. Agricultural buildings and structures.

      Advertising displays.

      Apparel and other products manufactured from textiles.

      Automobile laundries.

      Automobile and truck repair, including body repair and repainting.

      Bakeries.

      Blacksmith shops.

      Books - hand binding and tooling.

      Bottling works - non-alcoholic.

      Brushes and brooms.

      Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment or public agencies, or public utilities or materials or equipment of similar nature.

      Cameras and other photographic equipment and supplies.

      Canning and perserving.

      Canvas and canvas products.

      Carpet and rug cleaning.

      Carting, express hauling or storage yard.

      Cement block manufacture.

      Ceramic products - such as pottery and small glazed tile.

      Cleaning and dyeing establishments.

      Clothing.

      Cosmetics and toiletries.

      Creameries and dairies.

      Dentures.

      Drugs.

      Electrical appliances, such as lighting fixtures, irons, fans, toasters and electrical machinery.

      Electrical supplies, such as home radio and television receivers and home movie equipment, but not including electrical machinery.

      Electrical supplies, manufacturing and assembly including wire and cable assembly, switches, lamps, insulation and dry cell batteries.

      Food products, processing, and combining of baking, boiling, canning, cooking, dehydrating, freezing, frying, and grinding.

      Fur goods, but not including tanning and dyeing.

      Glass products, from previously manufactured glass.

      Hair, felt and feather products (except washing, curing and dyeing).

      Hat bodies of fur and wool felt.

      Hosiery.

      House trailers.

      Ice, dry and natural.

      Ink mixing and packaging and inked ribbons.

      Insecticides.

      Jewelry.

      Laboratories - medical, dental, research, experimental and testing - provided there is no danger from fire or explosion or offensive noise, vibration, smoke, dust, odor, heat, glare or other objectionable influence.

      Laundries.

      Leather products, including shoes and machine belting.

      Luggage.

      Machine shops for tools, die and pattern making.

      Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust-proofing and heat treatment.

      Metal stamping and extrusion of small products, such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils.

      Musical instruments.

      Orthopedic and medical appliances, such as artificial limbs, braces, supports and stretchers.

      Packing and crating.

      Paper products, small, such as envelopes and stationary, bags, boxes, tubes and wallpaper printing.

      Perfumes and cosmetics.

      Pharmaceutical products, compounding only.

      Plastic products, but not including the processing of the raw materials.

      Precision instruments - such as optical, medical and drafting.

      Products from finished materials - plastic, bone, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, precious and semi-precious stones, rubber, shell or yarn.

      Printing and newspaper publishing, including engraving and photo-engraving.

      Public utility electric substations and distribution centers, gas regulation centers, and underground gas holding stations.

      Railroad right-of-way and track, but not including classification yards, roundhouses and other similar uses.

      Railroad passenger depots.

      Repair of household or office machinery or equipment.

      Rubber products, small and synthetic treated fabrics, (excluding all rubber and synthetic processing), such as washers, gloves, footwear, bathing caps and atomizers.

      Silverware, plate and sterling.

      Soap and detergents, packaging only.

      Soldering and welding.

      Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods.

      Statuary, mannequins, figurines, and religious and church art goods, excluding foundry operations.

      Storage of household goods.

      Storage and sale of trailers, farm implements and other similar equipment on an open lot.

      Storage of flammable liquids, fats or oils, but only after the location and protective measures have been approved by local governing officials.

      Textiles - spinning, weaving, manufacturing, dyeing, printing, knit goods, yard, thread and cordage, but not including textile bleaching.

      Tobacco curing and manufacturing, and tobacco products.

      Tool and die shops.

      Tools and hardware - such as bolts, nuts and screws, door-knobs, drills, hand tools and cutlery, hinges, house hardware, locks, non-ferrous metal castings and plumbing appliances.

      Toys.

      Truck, tractor, trailer or bus garage or storage yard, but not including a motor freight terminal.

      Umbrellas.

      Upholstering (bulk), including mattress manufacturing, rebuilding and renovating.

      Vehicles, children's - such as bicycles, scooters, wagons and baby carriages.

      Watches.

      Wood products, such as furniture, boxes, crates, baskets and pencils and cooperage works.

    4. Wholesaling and Warehousing: Local cartage and express facilities (but not including motor freight terminals).
    5. Public and Community Service Uses - as follows: Bus terminals, bus turnarounds, bus garages, bus lots, street railway terminal or street car houses.

Electric Substations.

Fire Stations

Municipal or privately-owned recreation buildings or community centers.

Parks and recreation areas.

Police Stations.

Sewage Treatment Plants.

Telephone exchanges and coin telephones, outdoor.

Water filtration plants.

Water pumping stations.

Water reservoirs.

    1. Special Uses. The following uses may be allowed by special use permit in accordance with the provisions of the Administration Section:

Airports or aircraft landing fields, public or private.

Filling of holes, pits or lowlands with non-combustible material free from refuse and food wastes.

Mining, loading and hauling of sand, gravel, topsoil or other aggregate or minerals, including equipment, buildings or structures for screening, crushing, mixing, washing or storage, provided that:

    1. No open pit or shaft is less than one hundred (100) feet from any public road.
    2. All buildings or structures for the screening, crushing, washing, mixing or storage are located not less than one hundred fifty (150) feet from any property line.
    3. The borders of the property adjacent to any district other than an M District are fenced with a solid fence or wall at least six (6) feet in height.
    4. A plan of development for the reclamation of the land is provided as part of the application for special use. The plan of development shall be accompanied by a written agreement between the owner or his agent and the City of Sycamore, and performance bond in an amount equal to the cost of the reclamation of the land as set forth in the development plan.

Motor freight terminals.

Penal and correctional institutions.

Stadiums, auditoriums and arenas.

Theatres, outdoor drive-in.

Any use permitted in the M-2 Heavy Manufacturing District.

 

    1. Off-Street Parking and Loading shall be permitted or required as provided in Section 12.00.
    2. Condition of Use. All permitted uses are subject to the following conditions:
    1. All business, production, servicing, processing shall take place within completely enclosed building unless otherwise specified. Within one hundred and fifty (150) feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least six (6) feet high, but in no case lower in height than the enclosed storage and suitably landscaped.

However, open off-street loading facilities and open off-street parking of motor vehicles under one and one-half (1 1/2) tons capacity may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required under the provisions of Section 12.00.

    1. Height:
    2. No building or structure shall be erected or structurally altered to exceed a height of six (6) stories nor shall it exceed seventy-five (75) feet in height.

       

    3. Yard Requirements:

No building shall be erected or enlarged unless the following yards are provided and maintained except that if a substantial portion of an existing building is closer than front, side or rear yard requirements contained herein, enlargements may be made to within the same distance from the lot line as the portion which already is less than said yard requirements, notwithstanding any other ordinances prohibiting non-conforming expansion, enlargements, alterations or additions.

    1. Front Yard. On every zoning lot a front yard of not less than twenty-five (25) feet in depth shall be provided. However, where adjacent lots within the same block on the same side of the street are already developed on the effective date of the ordinance with front yards with an average depth of less than twenty-five (25) feet, then such average depth shall be the required front yard depth for such frontage in said block.
    2. Side Yards. On every zoning lot a side yard shall be provided along each side lot line. Each side yard shall not be less than fifteen (15) feet except where abutting upon a residential district a side yard of thirty (30) feet shall be provided. In the case of a corner lot a side yard shall be provided to conform to the front yard requirements as set forth above.
    3. Rear Yard. On every zoning lot there shall be a rear yard of not less than twenty (20) feet except where a use in the M-1 District is adjacent to a residence district a rear yard shall be provided and maintained not less than thirty (30) feet.

 

    1. M-2 Heavy Manufacturing District
  1. Permitted Uses. The following uses are permitted:
    1. Any use permitted in the M-1 District. The conducting of a business for the sale and/or consumption of alcoholic beverages in an outdoors area shall be prohibited:
    2. Production, processing, cleaning, servicing, testing and repair, including the following uses and manufacturing of the following products:
    3. Abrasive manufacturing.

      Asphalt and asphalt products.

      Boiler Maker.

      Bottled Gas.

      Chemicals - including acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating or cotton or other materials, nitrates (manufactured or natural) of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yard, hydrochloric picric and sulphuric acids and derivatives.

      Coal, coke and tar products, including as manufacturing.

      Electric central station, power and steam-generating plants.

      Fertilizers.

      Film, photographic.

      Flour, feed and grain - milling and processing.

      Forges.

      Foundries.

      Furniture, metal.

      Gas manufacturing.

      Glass bottles.

      Glass products.

      Linoleum and oil cloth.

      Linseed cake manufacturing.

      Linseed meal manufacturing.

      Locomotive manufacturing.

      Magnesium foundries.

      Matches.

      Metal and metal ores (except precious and rare metals), reduction, refining, smelting and alloying.

      Metal tile.

      Paint, lacquer, shellac, varnishes, linseed oil and turpentine.

      Petroleum products - refining, such as gasoline, kerosene, naphtha, lubricating oil and liquified petroleum gases.

      Planing mills.

      Plastic products.

      Power saw mills.

      Railroad houses, railroad shops and railroad car manufacturing.

      Ready-mix cement plants.

      Rod mills.

      Rolling mills.

      Roofing materials.

      Rubber (synthetic or natural).

      Soaps, including fat and oil rendering.

      Stamping mills.

      Starch.

      Steel fabrication.

      Storage batteries.

      Structural iron works.

      Stoveboards.

      Wood, coal and bones, distillation.

      Wood pulp and fiber, reduction and processing, including paper mill operations.

      Any other productions, processing, cleaning, servicing, testing and repair which conforms to the requirements of this ordinance and all other ordinances of Sycamore, Illinois.

    4. Storage, including the following uses and materials or products:
    5. Petroleum and petroleum products.

    6. Miscellaneous uses, as follows:

Railroad freight terminals, motor freight terminals, railroad switching and classification yards, repair shops and roundhouses.

  1. Off-Street Parking and Loading shall be as permitted or required in Section 12.00.
  2. Conditions of Use. Permitted uses are subject to the following conditions:
    1. All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall not be hazardous or detrimental to nearby property, or adversely affect the health or safety of the occupants thereof, by reason of the emission of odor, dust, gas, fumes, smoke, noise, vibration or waste material.
    2. Within one hundred (100) feet of a residence district, production, processing, servicing and fabrication shall take place or be within completely enclosed buildings or structures unless otherwise specified. All exterior storage within one hundred and fifty (150) feet of a residence district shall be enclosed with a solid wall or fence to the height of such stored materials. Off-street parking and off-street loading facilities may be unenclosed except for such screening and improvements as may be required under the provisions of Section 12.00.
  1. Yard Areas. All yard areas shall be the same as required in the M-1 Light Manufacturing District.
  2. Height. Building height shall be the same as in the M-1 Light Manufacturing District.

 

10.03. "ORI" Office, Research And Light Industrial District.

    1. Intent and Purpose. The "ORI" Office, Research and Light Industrial District is intended to support the objectives of the Comprehensive Plan and Land Use Map of the City of Sycamore. It is further intended to provide areas within which office, research and light industrial enterprises can locate with an assurance of a high level of design quality, extensive site amenities, open space, and environmental protection. The restrictions provided by this district are intended to promote a park-like atmosphere that will enhance the economic development potential of the City.
    2. Planned Unit Development Requirement. The development of all "ORI"- zoned areas shall be in accordance with the provisions of Section 13.10 "Planned Unit Development."
    3. Permitted Uses. The following uses are permitted:

Accessory Uses

Commercial graphics and drafting services

Hotels, motels and conference centers

Laboratories and ancillary uses (in enclosed structures) for research and development such as engineering and testing laboratories, medical and dental research laboratories, agricultural research laboratories, and metals research laboratories.

Manufacturing including, but not limited to, the manufacture of electronic, scientific and precision instruments; experimental products; plastic products; cloth products; light machinery; printing and publishing machinery; and other products so long as such uses are not obnoxious or offensive by reason of the emission of toxic or hazardous substances, odors, noise, dust, smoke, or gas.

Offices, excluding medical and dental offices or clinics providing diagnostic or treatment services.

Pilot plants or incubator facilities testing the merits of specific products or processes.

Retail activities but only where they are incidental or secondary to a principal use containing 40,000 square feet of gross floor area. One or more of the uses hereinafter set forth may be operated as accessory uses if each use meets the following conditions: (1) it is provided for the convenience of the owner or tenants; (2) it does not have exterior signs of any type; (3) it does not have a separate outside entrance facing any street and (4) it is not evident from any street:

    1. blueprinting;
    2. book or stationery store;
    3. barbershop or beauty parlor;
    4. camera or photographic supply shops;
    5. deli or sandwich shop;
    6. gift shop;
    7. office supply store;
    8. parcel delivery station;
    9. training or educational facility;
    10. warehousing and distribution facilities, excluding motor freight terminals;
    11. union halls or trade association offices and meeting rooms.
  1. Special Uses. The following uses may be allowed by special use permit in accordance with the provisions of Section 13.09 of this Code:
  2. Banks and financial institutions including drive-through facilities;

    Parking areas, including parking structures, as a principal use;

    Public utility substations or facilities, provided they are adequately screened with landscaping, fencing or walls;

    Police and fire stations.

  3. Density and Dimensional Regulations.
    1. Minimum Lot Area. The minimum lot area shall be two (2) acres or greater, and shall be sufficient to meet other requirements of this section and Section 12.00 "Off-Street Parking and Loading."
    2. Building Setback Requirements:

aa) Front Yard. No principal building shall be allowed within seventy-five (75) feet of any front lot line or a street right of way line.

bb) Side Yard. No principal building shall be allowed within thirty (30) feet of any side lot line.

cc) Rear Yard. No principal building shall be allowed within twenty (20) feet of any rear lot line. Exception: Where a use in the "ORI" district is adjacent to a residential use, the rear yard setback shall be no less than thirty (30) feet.

  1. Parking Area Setback Requirements.
    1. Front Yard. Except for access drives, no parking area shall be allowed within thirty (30) feet of any front lot line.
    2. Side Yard. Except for access drives, no parking area shall be allowed within twenty (20) feet of any side lot line. Exception: Where a parking area is adjacent to a residential use, the parking area setback shall be increased to thirty (30) feet.
    3. Rear Yard. No parking area shall be allowed within twenty (20) feet of any rear lot line. Exception: Where a parking area in the "ORI" district is adjacent to a residential use, the parking area setback shall be increased to thirty (30) feet.
    1. Maximum Site Coverage. Site coverage shall not exceed seventy (70) percent.
    2. Building Height Limitations. No building shall exceed five (5) stories or sixty (60) feet in height. The Council may approve an increase in height for a specific project up to a maximum of seventy-five (75) feet so long as the minimum building setbacks are increased by one (1) foot for each two (2) feet of height over the district limitation of sixty (60) feet.
    3. Landscaping Requirements. All development shall be landscaped in accordance with the definitions and maintenance requirements specified in Section 12.07 "Screening Standards" of this Code and Ordinance No. 96-90, "Landscaping Standards." In addition, developments shall be landscaped as follows:
    1. All yard and open spaces surrounding buildings, parking lots, access drives, and streets shall be landscaped with trees and shrubs and shall be maintained by the property owner.
    2. Trees in front yards shall be planted at a ratio of at least one (1) two and a half inch caliper shade tree for every 30 feet of street frontage. Strategic grouping of trees is encouraged, as opposed to the even spacing of trees.
    3. Yard areas shall be landscaped at a ratio of at least one (1) shrub or tree for every ten feet of the principal building’s nearest exterior wall. The strategic grouping of these plantings is also encouraged.
    4. Parking lots shall be landscaped with strategic groupings of trees both at the ends of parking aisles and intermittently along parking aisles to maximize the aesthetic effect.
    1. Conditions of Use.
    1. Every use, unless expressly exempted by this ordinance, shall be operated in its entirety within a completely enclosed structure.
    2. All outdoor storage areas of goods, products, materials, supplies, machinery, equipment, or commercial vehicles shall not be allowed in the front yard. Where permitted, outdoor storage areas shall be enclosed to a height of eight (8) feet above grade and screened to an opacity of not less than seventy-five (75) percent by erecting a fence eight (8) feet above grade or installing earthen berming and a landscaping screen, or by installing a combination of fencing or berming or landscaping. Seventy-five (75) percent "opacity" means that only about twenty-five (25) percent of the horizontal image is visible. Where site grades are below the elevation of adjoining streets the screening requirement can be met with a carefully planned canopy of tall-growing shade or evergreen trees or the use of architectural features.
    3. All rooftop service or mechanical equipment must be screened from view from the grade level of any street, parking lot, or other properties within or adjacent to the district. If rooftop equipment is of a low profile design and is colored to blend into the field color of the building, the Building and Zoning Officer may waive the screening requirement if the equipment is not visible from adjoining properties.
    4. Fencing. Fences shall not exceed eight feet in height except as otherwise approved by the City Council. They shall be consistent in style and color with the principal structure. Corrugated fencing material is prohibited. Chain-link fencing is permitted if it has been pre-finished in an appropriate color (e.g. black, brown or green). More conventional chain link structures may be constructed if installed along with a mix of trees, shrubs and other landscaping materials.
    5. Satellite Dishes and Antennas. Transmitting and receiving equipment shall be located in the rear or "hidden" side of the principal structure and may not be located within twenty (20) feet of any lot line, or thirty (30) feet of any residential use.
    6. Refuse Collection Areas. Collection areas and containers shall be fully screened from streets and adjacent properties with a six (6) foot high sight-obscuring fence, wall, or landscaped area placed around such collection areas or containers.

11.00 SIGNS

    1. Purpose and Intent

It is the purpose of this Article to regulate and control the location, erection, number and maintenance of signs and matters relating thereto within the City of Sycamore in order to promote public safety, health and the general welfare of the community. These regulations are specifically designed to:

    1. Provide for uniform regulations and orderly
    2. development of signs.

    3. Prohibit hazardous and dangerous signs.

The provisions of this Article shall govern the erection, alteration and maintenance of all signs and outdoor display structures, together with their appurtenant and auxiliary devices with respect to location, size, content, construction, structure and fire safety.

    1. Definitions

Unless otherwise expressly stated, the following words or terms shall, for the purpose of this Article, have the meaning indicated in this Section.

    1. Abandoned Sign. A sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, project or activity conducted or product available on the premise where such sign is displayed.
    2. Approved Combustible Material. Any material more than one-twentieth (1/20) of an inch in thickness, which burns at a rate of not more than two and one-half (2 1/2) inches per minute when subjected to the A.S.T.M. (American Society for Testing Materials) standard test for flammability in sheets of six-hundreths (0.06) inches in thickness.
    3. Attention-Getting Device. Any pennant, flag, valance, banner, propeller, spinner, streamer, search light or similar device or ornamentation designed for the purpose of attracting attention, promotion or advertising.
    4. Billboards. An off-premises sign owned by a person, corporation or other entity that engages in the business of selling the advertising space on that sign.
    5. Canopy. A roof-like cover, either permanent or temporary, that is supported in whole or in part by vertical supports from the ground and which, in the "C-2" Central Business District, may overhang a public way so long as it complies with the provisions of Section 11.08.08 of this Code.
    6. Changeable Copy Sign (Manual). A sign on which copy is changed manually in the field.
    7. Changeable Copy Sign (Automatic). A sign such as an electronically or electrically controlled public service time, temperature, and date sign, message center or reader board, where different copy changes are shown on the same lamp bank.
    8. Construction Sign. A temporary sign used during the construction of new buildings or reconstruction of or additions to existing buildings, such as those identifying the project and denoting the owner, architect, engineer, contractor and/or financing institutions of the project.
    9. Copy. The wording or graphics on a sign surface.
    10. Erect. To build, construct, re-construct, attach, hang, re-hang, alter, place, affix, enlarge, move, or relocate and includes the painting and repainting of existing signs and supporting structures.
    11. Façade. The front or main part of a building facing a street. For purposes of this Section, the façade is defined as that part of a sign face measured from the lowest elevation to the head beam.
    12. Fixed Awning. Fixed Canopy or Marquee. Any hood, canopy or awning made of cloth, metal or of permanent construction materials projecting from the wall of a building supported solely by the building to which it is attached.
    13. Flashing Sign. Any directly or indirectly illuminated sign, either stationary or animated, which exhibits changing natural or artificial light or color effects by any means whatsoever. This definition does not include time and temperature signs.
    14. Ground Signs. Any sign supported by uprights or braces placed in or upon the ground, and not attached to any building. This definition includes signs which are also referred to as "monument signs".
    15. Illuminated Sign. Any sign which has characters, letters, figures, designs or outline illuminated by electric lights, luminous tube or any other means of illumination.
    16. Incombustible Material. Any sign which will not ignite at or below a temperature of 1200 degrees Fahrenheit and will not continue to burn or glow at the temperature.
    17. Moving or Rotating. Any sign or other advertising structure which physically moves or rotates in any manner whatsoever.
    18. Off-Premises Signs. A sign that draws attention to or communicates information about a business, service, commodity, accommodation, attraction or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the premises on which the sign is located.
    19. Portable Sign. Any sign not permanently affixed to a building structure or the ground; a sign designed to be moved from place to place. Portable signs primarily include, but are not limited to, signs attached to wood or metal frames designed to be self-supporting and movable; paper, cardboard, or canvas signs wrapped around supporting poles and signs commonly trailer-mounted and designed to be moved from place to place.
    20. Projecting Sign. Any sign which projects more than eighteen (18) inches beyond the plane of the wall on which the sign is erected or attached, excluding signs attached to the vertical face of marquees or canopies.
    21. Roof-Sign. Any sign erected, constructed or maintained on the roof of any building. A roof sign includes any wall sign which extends more than five (5) feet above the roof line.
    22. Shop Window Sign. Any sign advertising sales or specials attached to, or located within, the glass surface of any fixed window (glazing) and visible from a public right-of-way in such manner as to be viewed or intended for view primarily from the exterior of a building or structure.
    23. Sign. Any display, device, notice, figure, painting, drawing, message, placard, bulletin, board, symbol, letter, word, numeral, emblem, trademark, flag, banner, pennant or other thing which is designated, intended, or used to advertise, inform, or direct attention to.
    24. The term "sign" shall include, among other structures, and whether illuminated or non-illuminated, every ground sign, wall sign, projecting sign or under canopy sign. However, the term "sign" shall not include any display of official, court or public office notices, nor shall it include the flag, emblem or insignia of a nation, governmental unit, school or religious group.

    25. Structural Trim. Any molding, batten, capping, nailing strip, lattice or platform that is attached to a sign structure.
    26. Time and/or Temperature Sign. Any sign indicating time and temperature with intermittent changes.
    27. Under Canopy Sign. Any sign suspended beneath a canopy or marquee.
    28. Wall Signs. Any flat signs mounted, attached to or painted on the exterior wall of a building or structure, including marquees and canopies, in a plane parallel to that of the supporting wall.
    1. Signs Excluded from Regulations

Except as regulated in this Section, the provisions of this Article shall not apply to:

    1. Bulletin Boards. Bulletin boards not over twelve (12) square feet in area when attached to buildings housing public, charitable or religious institutions when the same are located on the premises of said institutions.
    2. Informational or Directional Signs. Signs directing and guiding automotive or pedestrian traffic or parking on private property, but bearing no advertising matter, including such signs identifying restrooms, public telephones, walkways and similar features or facilities. Such signs shall have an area that does not exceed three (3) square feet, and shall have a height that does not exceed three (3) feet. In planned commercial developments, such signs directing traffic to specific tenants may be located off-site provided they are part of an integrated plan.
    3. No Trespassing Signs. Signs regulating the use of property, such as no hunting, no fishing, etc. of no more than two (2) square feet in area.
    4. Parking Lot Entrance and Exit Signs. Signs marking and designating entrances and exits to/from parking lots, provided they conform to the regulations of Article 12, "Off-Street Parking and Loading Requirements". However, where said signs are illuminated, they shall conform to Section 11.05.01 of this Article.
    5. Public Utility Company Signs. Signs indicating danger or that serve as an aid to public safety or which show the location of underground utilities.
    6. Real Estate Signs. Temporary signs not exceeding eight (8) square feet in area, which advertise the sale, rental or lease of the premises upon which said signs are located. These signs shall be removed within five (5) days following the sale or lease of property being advertised for sale or lease. There shall be a limit of one (1) of this type per street frontage.
    7. Residential Garage or Patio Sale Sign. Temporary signs including, but not limited to, garage sale, patio sale, yard sale, basement sale, or any similar sale that do not exceed five (5) square feet and are located upon premises where the sale is taking place. These signs shall be removed within twenty-four (24) hours following the completion of the sale.
    8. Tablets in Building Walls. Signs or tablets denoting names of buildings, names of officers and officials and the date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.
    9. Traffic, Municipal Signs, and Emergency Signs. Traffic or other municipal signs, legal notices, railroad crossing signs, danger and other temporary emergency or non-advertising signs as may be approved by the City Engineer.
    1. Prohibited Signs

The following signs and advertising devices are hereby prohibited:

    1. Moving or rotating signs. Flashing or scrolling signs such as message centers are permitted unless, in the opinion of the Chief of Police, they present a distracting hazard to passing motorist.
    2. Any sign erected on, or extending into, a public easement or right-of-way, except as permitted in the Central Business District.
    3. Any sign attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on, or extending into, public property not specifically excluded from the regulations of this Ordinance.
    4. Any off-premises sign, other than billboards (see Subsection 11.08.06 of this Article) or signs in planned commercial and industrial developments authorized through the special use process, advertising an article or product not manufactured, assembled, processed, repaired or sold or a service not rendered upon the premises upon which the sign is located.
    5. Signs placed or affixed to vehicles and/or trailers which are parked so as to be visible from a public right-of-way where the apparent purpose is to advertise a product or direct people to a business activity located on the same or nearby property. However, this is not in any way intended to prohibit signs placed on, or affixed to, vehicles and trailers, such as permanent lettering on motor vehicles where the sign is incidental to the primary use of the vehicle or trailer.
    6. Roof signs.
    7. Portable signs and temporary signs, except as otherwise permitted by this article.
    8. Projecting signs, except as otherwise permitted in the "CBD" Central Business District (see Subsection 11.08.03 of this Article).
    9. Project identification or real estate signs promoting the sale of lots prior to the approval of a preliminary plat.
    10. Signs which contain characters, cartoons, statements, works or pictures of an obscene, indecent, prurient or immoral character.
    11. Obsolete signs which advertise a business no longer conducted or a product no longer offered for sale on the premises where such sign is located; providing a sign indicating a move of such business is permitted for a period of time not exceeding 90 days from the date of discontinuance of the business at the location.
      1. Sign Regulations - General

11.05.01 Sign Permits

    1. Unless excepted by this Article, no signs shall be erected, constructed, posted, painted, altered or relocated until a Sign Permit has been issued by the Building Commissioner and Zoning Administrator. All illuminated signs shall require a separate electrical permit and inspection in accordance with the electrical regulations of the City of Sycamore.
    2. Structural materials, wind load and safety requirements shall be in accordance with the building codes adopted by the City of Sycamore.
    3. Application for a sign permit shall be made upon forms provided by the Building Commissioner and Zoning Administrator and shall include:
    1. Name, address and telephone number of the applicant.
    2. Location of building, structure to which, or upon which, the sign or other advertising structure is to be attached or erected.
    3. Position of the sign or advertising structure in relation to adjacent property and/or buildings or structure.
    4. Two blueprints or ink drawings to scale of the plan and specifications and method of construction, attachment to the building or structure or placement in the ground.
    5. Name of person or company intending to erect the sign.
    6. Such other information as the Building Commissioner & Zoning Administrator shall require to show full compliance with this Article and any of the Ordinances of the City.
    1. Permit Issued if Application in Order. It shall be the duty of the Building Commissioner & Zoning Administrator, upon the filing of an application for a sign permit, to examine such plans, specifications, other data, and the premises upon which it is proposed to erect the sign. If the proposed sign complies with the requirements of this Article and if the appropriate permit fee has been paid, a sign permit shall be issued.
    2. Revocation of Permit. Any permit issued shall become invalid if the authorized work is suspended or abandoned for a period of six (6) months after the time of commencing work, or of obtaining the permit, whichever is less. Upon the termination or revocation of the permit, or upon discovery of a sign being improperly installed, the permittee shall remove the sign and supports without cost or expense of any kind to the City, providing that in the event of the failure, neglect or refusal on the part of the permittee to do so, the City may proceed to remove the same and charge the expenses to the permittee.

 

      1. Determination of Sign Area

The following regulations shall govern the determination of sign area:

    1. The surface area of a sign shall be computed by including the entire area within a single, continuous, rectilinear perimeter of not more than eight (8) straight lines, or a circle or an ellipse, enclosing the extreme limits of the writing representation, emblem or other display, together with any material, framing or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework or bracing that is clearly incidental to the display itself.
    2. With respect to two-sided, multi-sided, or three-dimensional signs, the sign surface area shall be computed by including the total of all sides designed to attract attention or communicate information that can be seen at any one time by a person from one vantage point, except as follows:
    1. The sign surface area of a double-faced, back-to-back sign shall be calculated by using the area of only one side of such sign, so long as the distance between the backs of such signs does not exceed three feet.
    2. The sign surface area of a double-faced sign constructed in the form of a "V" shall be calculated by using the area of only one side of such sign (the larger side if there is a size difference), so long as the angle of the "V" does not exceed 30 degrees and at no point does the distance between the backs of such sides exceed five (5) feet.

11.05.03 Maintenance

    1. Signs, together with all supports, braces, guys and anchors, shall be kept in safe condition and when not galvanized or constructed of approved corrosion resistive, non-combustible materials, shall be painted when necessary to prevent corrosion or to correct peeling.
    2. When any sign becomes insecure, in danger of falling or otherwise unsafe, or if any sign shall become unlawfully installed, erected or maintained in violation of any of the Ordinances of the City, the owner thereof, or the person or firm maintaining the same, shall, upon written notice of the Building Commissioner & Zoning Administrator forthwith in the case of immediate danger and in any case, within not more than ten (10) days, make such sign conform to the Ordinances of the City or shall remove it. If within ten (10) days the order is not complied with, the Building Commissioner & Zoning Administrator may order the removal of such sign at the expense of the owner or lessee thereof.

 

 

11.06 Sign Regulations - All Zoning Districts

11.06.01 Permitted Signs

    1. The following signs are permitted in all zoning districts.
    1. Church, School, or Public Building Identification or Information Sign: One (1) sign shall be allowed on the same premises provided that said sign does not exceed fifty (50) square feet in area nor is greater than fifteen (15) feet in height.
    2.  

    3. Contractor Signs: Signs identifying mechanics, painters, architects, engineers and similar artisans and workmen which are located on the site of construction shall be permitted provided that they do not include any promotional information for the development and that upon completion of the project, are removed within one (1) week.
    4. Subdivision or Development Identification Signs: Up to two (2) permanent subdivision or development sign (one on each corner of the entry street) not exceeding fifty (50) square feet in size each, inclusive of any logo, shall be allowed for any planned development, subdivision, multiple-family (apartment) or condominium development with ten (10) or more lots or dwelling units, or for any commercial or industrial subdivision, commercial/industrial planned development or office/research/light industrial parks with five (5) or more lots. Where the subdivision or development has access on two (2) or more streets, or has more than one (1) street, identification signs shall be allowed at each entrance.
    5. Political Signs:
    1. The maximum size of any one (1) sign is eight (8) square feet in area. A maximum of sixteen (16) square feet in sign area is permitted for each lot or business.

2. Temporary Sign Permit: Prior to the installation of political signs, a temporary permit shall be obtained from the City Clerk. The Building Commissioner and Zoning Administrator shall grant a temporary sign permit for a period not to exceed ninety (90) days, provided that such signs are not erected on public right-of-ways, attached to fences, trees, utility poles or the like, and further provided that such signs are not placed in a position that will obstruct or impair vision or traffic in any way or manner to create a hazard or disturbance to the health and welfare of the general public. A cash deposit in the amount of $100 will be deposited with the City to insure the removal of all signs within ten (10) days after the election. If all signs are removed, the deposit or bond will be returned; however, if it is necessary for the City to remove any of the signs, all or a portion of the $100 will be used to defray expenses of removing the signs.

 

    1. Project Construction Signs;
    1. A development under construction shall be permitted one (1) temporary promotional sign not exceeding one-hundred forty-four (144) square feet in area nor exceeding ten (10) feet in height. When a developer has frontage on two (2) or more existing and adjacent streets, a project construction sign shall be permitted along each frontage.
    2. A development under construction shall be permitted any number of directional signs not exceeding three (3) feet in height. Directional signs may be placed off-site, provided they are not attached to any public utility pole, tree, fire hydrant, curb, sidewalk or other surface located on, or extending into, public property.
    3. All project construction signs shall be removed within three (3) years from the date of issuance of the sign permit, or when seventy-five percent (75%) of the lots or gross floor area have been sold or leased, whichever comes first. This permission supercedes the provisions of Ordinance 98.91
    1. Special Events Signs: Temporary signs and attention-getting devices that are otherwise prohibited by this Article may be permitted for the purpose of promoting special community activities, grand openings, special events, etc. subject to the following provisions (except see Subsection 11.08.08):
    1. A written request must be submitted to the Building Commissioner & Zoning Administrator seven (7) days prior to the date of the event.
    2. A temporary sign permit must be obtained from the Building Commissioner & Zoning Administrator.
    3. Such signs shall be limited to a fourteen (14) day maximum exposure period. The City Council may extend this time period when necessary.
    4. The above stipulations shall apply to profit-making and non-profit organizations and private businesses, except a special permit may be issued by the Building Commissioner & Zoning Administrator no more than two (2) times during a calendar year. All advertising must be located on the subject premises. Every applicant, before granted a permit, shall pay the appropriate fee.

 

    1. Sign Regulations - Residential Zoning Districts
      1. Permitted Signs
    1. The following signs are permitted in the Residential and Planned Residential Districts:
    1. Home Occupation Signs. One (1) permanent sign may be permitted provided that said sign is non-illuminated, is attached to the dwelling unit housing the home occupation and is not greater than two (2) square feet in area.
      1. Location and Height Regulations
    1. All signs shall be placed no closer than ten (10) feet from any side or rear lot lines nor closer than eighteen (18) inches away from a property line.
    1. Sign Regulations - Commercial, Planned Commercial, Industrial, Planned Industrial and Office/Research/Light Industrial Districts

The regulations governing signs in the Commercial, Planned Commercial, Industrial and Office/Research/Light Industrial Districts shall be as follows:

      1. Business Signs - Ground Signs and Pylon Signs
    1. Ground Signs
    1. Each building, regardless of the number of lots upon which it may be located, shall have not more than one (1) ground sign located along the street frontage that serves as the primary access for the lot(s) on which said building is located. Where there are two (2) or more street frontages, one (1) additional ground sign may be located along the street frontage that serves as the secondary access for the lot(s) on which said building is located, if that frontage is in excess of two-hundred (200) lineal feet. For the purpose of this paragraph, an aggregation of two or more structures and/or businesses connected by a wall, fire wall, façade, or other structured element, except sidewalks, shall constitute a single building.
    2. No ground sign shall exceed one-hundred (100) square feet in area, except as otherwise provided in Subsection 11.08.05 of this Article.
    3. Height. The bottom edge of the display portion of a ground sign, supported by a pole or poles, shall not be erected at a height of more than four (4) feet above the ground elevation. The top edge shall not exceed fifteen (15) feet above the ground elevation at the sign base.
    4. Other Ground Sign Regulations:
    1. The maximum size of ground signs in the "C-1" Neighborhood Commercial District shall be limited to fifty (50) square feet in area.
    2. No portion of a ground sign shall be closer than eighteen (18) inches from the property line.
    3. No ground sign shall be erected within eight (8) feet of any line conductors, service drops or power lines.
    1. Pylon Signs
    1. Pylon or pole signs are only permitted in the "C-3" Highway Business District. The following provisions apply to pylon signs:
    1. For an integrated planned unit development under unified control, one pylon sign may be erected advertising only the name and location of the shopping center, and the names of the tenants on other integrated but remote parcels within the planned development.
    2. The maximum surface area of a pylon sign shall be two hundred fifty (250) square feet, subject to the further provisions of Section 11.05.02.
    3. The maximum height shall be thirty (30) feet.
    4. The bottom edge of any pylon sign face must be at least eight (8) feet above ground level.
      1. Business Signs - Wall Signs
    1. Wall signs shall not project beyond the property line except in the Central Business District (see Subsection 11.08.08 of this Article).
    2. Wall signs shall not extend more than eighteen (18) inches beyond the wall of the building, and in no case shall they project into the street right-of-way.
    3. Wall signs shall be attached to a wall at a height of not less than eight (8) feet about the ground or sidewalk nor shall they exceed a height of thirty (30) feet above the ground or sidewalk.
    4. The size of the wall signs facing alleys or other public areas (but not streets or roads along the building frontage) shall be computed the same as a regular wall sign identifying the business or occupant located within the building.
    5. The total allowable area of wall signs shall not exceed one (1) square foot per lineal foot of building frontage upon which the sign is affixed. The maximum area of any one wall sign shall not exceed three hundred (300) square feet, except in the C-1 Neighborhood Business Districts where a maximum of fifty (50) square feet is permitted.
    6. In buildings containing multiple tenants, the owner of such building may assign smaller or greater percentage of allowable sign area to each tenant, however, the total sign area shall not exceed the maximum allowable under paragraph 5 of this Section.
    7. Wall signs shall not extend more than five (5) feet above the roof line.
    8. Other Regulations and Exceptions.
    1. Wall signs may be placed on the vertical face of a mansard roof.
    2. Each business in the "C-1" Neighborhood Commercial District shall be limited to one (1) wall sign facing a roadway. No wall sign shall exceed fifty (50) square feet in area. Every wall sign shall be permanently affixed to the face of the building, and shall not be higher than the lowest elevation of the roof.
    3. Wall signs facing the property line of an adjacent property in a residential district shall not be permitted if the adjoining property line is closer than fifty (50) feet to the wall in question.
      1. Under Canopy Signs
    1. One (1) sign located under a canopy shall be permitted for each business in a building. There shall be a minimum clearance of eight (8) feet between the ground and any such sign.
      1. Time and/or Temperature Signs
    1. One (1) sign displaying time and temperature shall be permitted for each development or building.
    2. Time and Temperature signs shall not exceed eighteen (18) square feet in area.
    3. Time and temperature signs shall conform with the regulations for ground signs or wall signs, except as otherwise provided for in this Subsection.
    4. No advertising shall be placed upon a time and temperature sign other than the owner or a reference to the business conducted within the premises to which the time and/or temperature sign is attached.
      1. Gasoline Station and Vehicle Service Facility Signs

Notwithstanding any other provision of this Article, signs associated with service stations shall comply with the following regulations.

    1. Ground signs for service stations shall not overhang any public sidewalk or area used for vehicular circulation.
    2. The total area of all ground signs shall not exceed two-hundred (200) square feet.
    3. One separate price sign, attached to the same structure of, but below, any one (1) permitted ground sign, shall be permitted. The price sign shall not exceed twelve (12) square feet in area.
    4. A service station with a permitted canopy may have no more than one (1) sign, which may include "self-service" and/or "full service", attached on each of any two (2) canopy supports. The area of each sign shall not exceed ten (10) square feet. When attached to the vertical face of the canopy, each sign shall be a flat sign and shall not project above or below the vertical face of the canopy by more than one (1) foot and shall not infringe upon the vertical clearance requirements of this code. If illuminated, such signs shall only be illuminated by non-intermittent internal light sources.
      1. Billboards
    1. Billboards are not permitted in the City of Sycamore, unless located within six-hundred (600) feet of a state highway, and in conformance with the Illinois Department of Transportation regulations and the following regulations:
    1. The maximum size of billboards is eight-hundred (800) square feet.
    2. No billboard shall be located within five-hundred (500) feet of residentially zoned property.
    3. No billboard shall be located within one-thousand (1000) feet of any other billboard.
    4. No billboard shall exceed a height of thirty (30) feet above the ground upon which it is erected.
      1. Temporary Signs
    1. Shop Window Signs
    1. Shop window signs are allowed in addition to other permitted signs.
    2. The maximum area of a shop window sign shall not exceed forty (40) percent of the area of the window in which it is placed or visible.
    1. Real Estate Signs
    1. Each development or building which is for sale or lease shall be permitted one real estate sign per frontage.
    2. In commercial and industrial zoning districts, the maximum area of such sign shall be thirty-six (36) square feet per face.
    3. Real estate signs shall not be used in addition to project construction signs.

 

      1. Area of Control - "C-2" Central Business Zoning District
    1. In the "C-2" Central Business Zoning District, one (1) projecting sign for each main (first) floor is permitted. It shall not extend more than three (3) feet from the vertical plane of the façade. It shall not exceed twelve (12) square feet in area and the lowest portion of the sign shall not be closer than eight (8) feet to the sidewalk. Remote lighting by a neutral color is permitted. Such remote illumination must be placed so that it does not interfere with similar lighting of the next adjacent establishment or vehicular movement. Remote lighting shall not project from the façade of the building more than eleven (11) inches. Only the name of the owner, business or logo may be displayed.
    2. In the Central Business District, the sum of the area of all ground and wall signs facing the public right-of-way shall not exceed an area equal to two (2) square feet per frontage foot of building frontage. Projecting signs are excluded from the total allowable area of all signs.
    3. Only those main (first) floor establishments that have a direct entrance (not common) to the public sidewalk shall be permitted to have a projecting sign.
    4. Special events signs may be placed on the sidewalk portion of the public right-of-way if no practicable alternative exists to place the sign on private property. Such signs may be approved by the City Council, after receiving a report and recommendation from the Building Commissioner and Zoning Administrator, in accordance with the provisions found in Subsection 11.06.01 (1) (f), except as follows:
    1. Such signs shall be limited to a thirty (30) day maximum exposure for not more than two (2) times during the calendar year. The City Council may extend this maximum exposure period when necessary.
    2. Such signs shall not exceed forty-eight (48) inches in height nor thirty (30) inches in width.
    3. The placement of such signs shall be limited to a location deemed appropriate by the City Council.
      1. Non-Conforming Signs
    1. Signs that do not conform to these regulations are hereby considered non-conforming signs. These non-conforming signs are permitted to remain as they now exist, provided that they do not present a hazard to passing motorists or pedestrians in the opinion of the Building Commissioner and Zoning Administrator. Only the sign face of non-conforming signs may be changed so long as the supporting structure is in safe and sound condition. When the sign structure or supporting system is no longer safe or must be relocated or repaired, the sign must be reconstructed in conformance with the most recent sign regulations.

 

 

 

 

12.00 OFF-STREET PARKING AND LOADING.

    1. General Provisions - Parking and Loading.
    1. Scope of Regulations . The off-street parking and loading provisions of this ordinance shall apply as follows:
    1. For all buildings and structures erected and all uses of land established after the effective date of this ordinance, accessory parking and loading facilities shall be provided as required by the regulations of the district in which such buildings or uses are located.
    2. When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other unit of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.
    3. 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.
    4. These regulations shall not apply to any uses of new buildings or structures, or existing principal building or structure which is enlarged or increased in capacity after the adoption of this section that is zoned business or manufacturing when located within the area bounded as follows:

Start at High Street and DeKalb Avenue and proceed east on High Street to Locust Street; then north on Locust Street, including the properties fronting on the east side of Locust Street, to Exchange Street; then west on Exchange Street, including properties fronting the north side of Exchange Street, to Sacramento Street, then south on Sacramento Street, including the properties fronting the west side of Sacramento Street, to DeKalb Avenue; then southwesterly to the point of beginning.

This is an area where it becomes unreasonable and impracticable for individual building uses to provide auxiliary parking facilities, and wherein it has been determined that parking facilities to accommodate the requirements of the uses within the designated area can best be provided by public garages and parking areas developed in compliance with a general plan of parking facilities.

    1. Existing Parking and Loading Facilities. Accessory off-street parking or loading facilities which are located on the same lot as the building or use served and which were in existence on the effective date of this ordinance or were provided voluntarily after such effective date shall not hereafter be reduced below, or if already less than, shall not further be reduced below, the requirements of this ordinance for a similar new building or use.
    2. Permissive Parking and Loading Facilities. Nothing in this ordinance shall be deemed to prevent the voluntary establishment of off-street parking or loading facilities to serve any existing use of land or buildings provided that all regulations herein governing the location, design, improvement and operation of such facilities are followed.
    3. Damage or Destruction. For any conforming or legally non-conforming building or use which is in existence on the effective date of this ordinance, which subsequent thereto is damaged or destroyed by fire, collapse, explosion or other cause, and which is reconstructed, re-established or repaired, off-street parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation. However, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this ordinance for equivalent new uses or construction.
    4. Control of Off-Site Parking Facilities. When required parking facilities are provided on land other than the zoning lot on which the building or use served by such facilities is located, they shall be and remain in the same possession or ownership as the zoning lot occupied by the building or use to which the parking facilities are accessory. No such off-street parking facilities shall be authorized and no occupancy permit shall be issued where the plans call for parking facilities other than on the same zoning lot until or unless the Zoning Board of Appeals has reviewed the plans and heard the applicant and made findings that the common ownership or possession of the zoning lot and the site of the parking facilities are reasonably certain to continue and that the off-site parking facilities will be maintained at all times during the life of the proposed use or building.
    5. Submission of Plat Plan. Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include therewith a plot plan drawn to scale and fully dimensioned, showing any parking or loading facilities to be provided in compliance with this ordinance.

In addition all catch basins and storm sewers shall be shown on this plot plan designed in accordance with the City's ordinance regarding parking lot drains.

    1. Additional Regulations - Parking
    1. Use of Parking Facilities. Off-street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this section shall be used solely for the parking of passenger automobiles owned by occupants of the dwelling structures to which such facilities are accessory or by guests of said occupants. Under no circumstances shall required parking facilities accessory to residential structures be used for parking of automobiles belonging to employees, owners, tenants, visitors or customers of business or manufacturing establishments.
    2. Joint Parking Facilities. Off-street parking facilities for different buildings, structures or uses, or for mixed uses, may be provided collectively in any zoning district in which separate parking facilities for each constituent use would be permitted, provided that the total number of spaces located together shall not be less than the sum of the separate requirements for each use.
    3. Computation. When determination of the number of off-street parking spaces required by this ordinance results in a requirement of a fractional space, any fraction of one-half (1/2) or less may be disregarded while a fraction in excess of one-half (1/2) shall be counted as one (1) parking space.
    4. Size. A required off-street parking space shall be at least nine (9) feet in width and at least nineteen (19) feet in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. Such space shall have a vertical clearance of at least seven (7) feet.
    5. Access. Each required off-street parking space shall open directly upon an aisle or driveway of such width and design as to provide safe and efficient means of vehicular access to such parking space. All off-street parking facilities shall be designed with appropriate means of vehicular access to a street or alley in a manner that will least interfere with traffic movements. No driveway across public property nor curb cut shall be less than fourteen (14) feet.
    6. In Yards. Off-street parking may be located in any required front, side or rear yard but not closer than three (3) feet to any lot line, unless barriers are erected satisfactory to the City Engineer to prevent overhang onto adjoining property.

For residential uses, not more than three (3) off-street parking spaces shall be located in the required front yard.

7. In Parkways. No person, firm or corporation shall park, deposit, leave or store any motor vehicle, vehicle or tangible personal property of any type or description at any time between the right-of-way line and curb and pavement line at any place within the City of Sycamore, Illinois except as authorized by the City Council.

8. Design and Maintenance.

    1. Open and Enclosed Parking Spaces. Accessory parking spaces located on the same lot as occupied by the use served may be open to the sky or enclosed in a building. Accessory parking spaces located in a residence district elsewhere than on the same lot occupied by the use served shall be open to the sky except when otherwise allowed as a special use.
    2. Surfacing. All open off-street parking areas and driveways shall be improved with a compacted CA-6 crushed stone base, not less than eight (8) inches thick, surfaced with two (2) inch bituminous concrete surface course or sealed with a bituminous surface treatment Class A-2 or equal, or four (4) inches of concrete on compacted base.
    3. Lighting. Any lighting used to illuminate off-street parking areas shall be directed away from residential properties in such a way as not to create a nuisance, and shall additionally conform with the relevant provisions of Section 4.14 of this Ordinance.
    4. Signs. Accessory signs are permitted on parking areas.

e. Parking Placement. Spaces shall be placed in accord with the following diagram and data:

 

 

 

(Insert Diagram)

 

 

 

 

 

    1. Location of Accessory Off-Street Parking Facilities.

The location of off-street parking spaces in relation to the use served shall be as prescribed hereinafter. All distances specified shall be walking distances between such parking spaces and a main entrance to the use served.

    1. For Uses in a Residence District. Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. Spaces accessory to uses other than dwellings may be located on a lot adjacent to or directly across a street or alley from the lot occupied by the use served, but in no case at a distance in excess of three hundred (300) feet from such use.
    2. For Uses in Business and Manufacturing Districts. All required parking spaces shall be within one thousand (1000) feet of the use served, except for spaces accessory to dwelling units, which shall be within three hundred (300) feet of the use served. However, no parking spaces accessory to a use in a business or manufacturing district shall be located in a residence district, except that private, free, off-street parking accessory to such uses and municipal parking lots may be allowed by special use permit in accordance with the administrative section within two hundred (200) feet of and adjacent to any business or industrial district.
    1. Schedule of Parking Requirements.

For the following uses, accessory off-street parking spaces shall be provided as required hereinafter. Parking spaces required on an employee basis shall be based on the maximum number of employees on duty or residing, or both, on the premises at any one time.

    1. Residential Uses . As follows:
    1. One Family Dwelling, Two Family Dwellings and Multiple Family Dwellings. Two (2) parking spaces shall be provided for each dwelling unit.
    2. Motel and Hotels. One (1) parking space for each guest room and one (1) parking space for each employee shall be provided.
    3. Lodging, Rooming and Boarding Houses. One (1) parking space shall be provided for each lodging room, plus one (1) space for each employee.
    4. Private Clubs and Lodges (with Sleeping Facilities for Guest. One (1) parking space shall be provided for each lodging room plus parking equal in number to seventy-five (75) percent of the capacity in persons (exclusive of lodging room capacity) of such club or lodge.
    5. Mobile Home Parks. Two (2) parking spaces shall be provided for each mobile home space.
    6. Bed and Breakfast Guest Homes. The minimum number of off-street parking spaces required for the existing residential use, plus one (1) off-street parking space for each lodging room, and a plot plan for parking shall be submitted and approved by the City.
    1. Retail and Service Uses, as follows:
    1. Retail Stores and Banks.
    1. Retail Stores. In stores with 60,000 square feet of floor area or less, one (1) off-street parking space shall be provided for each two hundred (200) square feet of floor area. In stores with 60,000 square feet of floor area or more, one (1) off-street parking space shall be provided for each two hundred fifty (250) square feet of floor area.
    2. Banks. One (1) off-street parking space shall be provided for each two hundred (200) square feet of floor area. Drive-in banks or other similar drive-in establishments shall provide five (5) stacking spaces per teller or customer service window.
    1. Automobile Service Stations. One (1) parking space shall be provided for each employee, plus three (3) spaces for each service stall. Combined fuel and convenience stores shall provide one (1) space per employee plus one (1) space per two-hundred (200) square feet of floor area.
    2. Automobile Laundry. Ten (10) stacking spaces shall be provided for each automatic wash rack and three (3) stacking spaces for each self service wash rack plus one (1) parking space for each employee.
    3. Bowling Alleys. Five (5) parking spaces shall be provided for each alley, plus such additional spaces as may be required therein for affiliated uses - bars, restaurants, and the like.
    4. Establishments Dispensing Food or Beverages for Consumption on the Premises. One (1) parking space shall be provided for each one hundred (100) square feet of floor area.
    5. Furniture and Appliance Stores, Household Equipment or Furniture Repair Shops. One (1) parking space shall be provided for each six hundred (600) square feet of floor area.
    6. Theatres (indoor). One (1) parking space shall be provided for each two (2) seats.
    7. Undertaking Establishment, Funeral Parlors. Fifteen (15) parking spaces shall be provided for each chapel or parlor, plus one (1) parking space for each funeral vehicle kept on the premises.
    1. Offices - Business, Professional and Governmental. One (1) parking space shall be provided for each two hundred (200) square feet of floor area.
    2. Medical or Dental Clinics. Twelve (12) parking spaces shall be provided for each doctor.
    3. Wholesale Establishments (but not including Warehouses and Storage Buildings other than Accessory). One (1) parking space shall be provided for each six hundred (600) square feet of floor area.
    4. Manufacturing Uses or any Establishments Engaged in Production, Processing, Cleaning, Servicing, Testing or Reparing of Materials, Goods or Products. One (1) parking space shall be provided for each employee as related to the working period when the maximum number of employees are employed on the premises, plus one (1) parking space for each vehicle used in the conduct of the enterprise. But in no case less than one (1) space per six hundred (600) square feet of floor area.
    5. Warehouses and Storage Buildings. One (1) parking space shall be provided for each employee, plus one (1) space for each vehicle used in the conduct of the enterprise.
    6. Community Service Uses, as follows:
    1. Church, School, College and Other Institutional Auditoriums. One (1) parking space shall be provided for each three (3) auditorium seats. Adequate space shall also be provided for buses used in connection with the activities of the institution, and all loading and unloading of passengers shall take place upon premises.
    2. College, Universities and Business, Professional and Trade Schools. One (1) parking space shall be provided for each employee and one (1) parking space shall be provided for each student based on the maximum number of students attending classes on the premises at any one time during a twenty-four (24) hour period.
    3. Health Centers, Government Operated. Twelve (12) parking spaces shall be provided for each staff member and visiting doctor.
    4. Hospitals. Two (2) parking spaces shall be provided for three (3) hospital beds, plus one (1) parking space for each employee, plus one (1) parking space for each doctor assigned to the staff.
    5. Libraries, Art Galleries and Museums -- Public. One (1) parking space shall be provided for each five hundred (500) square feet of gross floor area.
    6. Municipal or Privately Owned Recreation Buildings or Community Centers. One (1) parking space shall be provided for each employee, plus spaces adequate in number, as determined by the City Council to serve the visiting public.
    7. Public Utility and Public Service Uses. One (1) parking space shall be provided for each employee, plus space adequate in number as determined by the City Council to serve the public, plus one (1) space for each service vehicle.
    8. Schools -- Nursery -- Elementary. One (1) parking space shall be provided for each employee plue one for each twenty (20) students.
    9. High School. One (1) parking space shall be provided for each employee plus one (1) space for each three (3) students.

9. Places of Assembly, as follows:

    1. Stadiums, Arenas, Auditoriums, (other than church, college or institutional school), Convention Halls, Dance Halls, Exhibition Hall, Skating Rinks, and Other Similar Places of Assembly. Parking spaces equal in number to one (1) for every two (2) persons shall be provided.

10. Miscellaneous Uses, as follows:

    1. Fraternities, Sororities and Dormitories. One (1) parking space shall be provided for each three (3) active resident members, plus one (1) parking space for the manager thereof.
    2. Institutions for the Care of the Insane or Feeble Minded. One (1) parking space shall be provided for each staff doctor, plus spaces adequate in number as determined by the City Council to serve the visiting public.
    3. Private Clubs and Lodges (Without Sleeping Facilities for Guests. Parking spaces equal in number to forty (40) percent of the capacity in persons shall be provided.
    4. Rest Homes and Nursing Homes. One (1) parking space shall be provided for each four (4) beds, plus one (1) parking space for each employee plus one (1) parking space for each doctor assigned to the staff.
    5. Sanitariums, Convalescent Homes, or Institutions for the Aged or for Children. One (1) parking space shall be provided for each four (4) beds, plus one (1) parking space for each employee (other than staff doctors), plus one (1) parking space for each doctor assigned to the staff.
    6. Theatres - Automobile Drive-In. Reservoir parking space equal to ten (10) percent of the vehicle capacity of such theatres shall be provided.
    1. Mixed Uses. When two (2) or more uses are located on the same zoning lot within the same building, parking space equal in number to the sum of the separate requirements for each such use shall be provided. No parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Zoning Board of Appeals.
    2. Other Uses. For uses not listed heretofore in this schedule of parking requirements, parking space shall be provided on the same basis as required for the most similar listed use, or as determined by the City Council.
      1. Additional Regulations -Off-Street Loading.
    1. Location. All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two (2) tons capacity shall be closer than fifty (50) feet to any property in a residence district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof, not less than six (6) feet in height. No permitted or required loading berth shall be located in any required front or side yard. No permitted or required loading berth shall be located within twenty-five (25) feet of the nearest point of intersection of any two (2) streets.
    2. Size. Unless otherwise specified, a required loading berth shall be at least ten (10) feet in width by at least twenty-five (25) feet in length, exclusive of aisles and maneuvering space, and shall have a vertical clearance of at least fourteen (14) feet.
    3. Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement.
    4. Surfacing. All open off-street loading berths shall be improved with a compact base of CA-6 crushed stone, not less than eight (8) inches thick and surface with not less than two (2) inches of Bituminous Concrete Surface Course or six (6) inches of Portland cement concrete.
    5. Repair and Service. No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities provided in any residence or business districts.
    6. Space allocated to any off-street loading berth shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portion thereof.
    7. For special uses other than prescribed for hereinafter, loading berths adequate in number and size to serve such uses - as determined by the Zoning Administrator - shall be provided.
    8. Uses for which off-street loading facilities are required herein, but which are located in buildings of less floor area than the minimum prescribed for such required facilities shall be provided with adequate receiving facilities off any adjacent alley, service drive, or open space on the same lot which is accessible by motor vehicle.
    1. Schedule Of Loading Requirements. For the uses listed in the following table, off-street loading berths shall be provided on the basis of gross floor area of buildings or portion thereof devoted to such uses in the amount shown herein:

Use

Number of Loading Berths Required Based Upon Gross Floor Area In Square Feet

Minimum Horizontal Dimensions of Loading Berths

A. Hospitals, sanitariums and other institutional uses.

One (1) plus one (1) additional berth for each 100,000 sq.ft. of gross floor area.

10 ft. x 25 ft.

B. Hotels, clubs and lodges, except as set forth in Item C below.

One (1) berth for each structure over 15,000 sq.ft. of gross floor area.

10 ft. x 25 ft.

C. Hotels, clubs and lodges, when containing any of the following: retail shops, convention halls, auditoriums, exhibition halls or business or professional offices (other than accessory).

One (1) for each structure 20,000 -100,000 sq.ft. plus one (1) berth for each additional 100,000 sq.ft. or fraction thereof of gross floor area.

10 ft. x 50 ft.

D. Retail stores.

One (1) for each structure over 10,000 sq.ft. of gross floor area plus one (1) for each additional 50,000 sq.ft. of gross floor area

10 ft. x 25 ft.

E. Establishments dispensing food or beverages for consumption on the premises.

Two (2) for each structure over 10,000 sq.ft. of gross floor area.

10 ft. x 25 ft.

F. Motor vehicle and machinery sales.

One (1) plus one (1) additional berth for each 25,000 sq.ft. of gross floor area.

10 ft. x 50 ft.

G. Wholesale establishments (but not including warehouse and storage buildings other than accessory).

Three (3) for each structure 40,000/100,000 sq.ft. of gross floor area plus one (1) berth for each additional 100,000 sq.ft. or fraction thereof of gross floor area.

10 ft. x 50 ft.

H. Auditoriums, convention halls, sports arenas, stadiums, halls.

One (1) plus one (1) additional berth for each 100,000 sq.ft. of gross floor area.

10 ft. x 25 ft.

I. Bowling alleys.

One (1) plus one (1) additional berth for each 100,000 sq.ft. of gross floor area.

10 ft. x 25 ft.

J. Manufacturing uses of any establishment engaged in production, processing, cleaning, servicing, testing or repair of goods, materials or products.

One (1) for each structure plus one (1) for each 60,000 sq.ft. of gross floor area over 40,000 sq.ft.

One (1) 10 ft. x 25 ft. Additional 10 ft. x 50 ft.

K. Warehouses and storage buildings.

One (1) for each structure plus one (1) for each additional 100,000 sq.ft. of gross floor area.

10 ft. x 50 ft.

L. Theatres.

One (1) for each structure 8,000 - 25,000 plus one (1) for each additional 50,000 sq.ft. or fraction thereof of gross floor area.

10 ft. x 25 ft.

M. Undertaking establishments and funeral parlors.

One (1) for each structure 8,000- 100,000 sq.ft. of gross floor area plus one (1) for each additional 100,000 sq.ft. or fraction thereof of gross floor area.

10 ft. x 25 ft.

12.07 Landscape Requirements

It is the purpose and intent of these regulations to provide adequate protection for contiguous property against undesirable effects caused by the creation and operation of parking and loading areas, and to protect and preserve the appearance and character of the surrounding neighborhoods through the screening effects and aesthetic qualities of such landscaping. As such, all parking and loading areas, constructed after the date of this Ordinance, shall be properly screened and landscaped as hereinafter described.

  1. Definitions. For the purpose of this Ordinance, landscaping shall mean living green plants in combination of trees and either shrubs or ground cover, all of which are defined as follows:
    1. Deciduous trees having, at the time of planting, not less than two and one-half (2-1/2) inch caliper measured on the trunk six (6) inches above the ground.
    2. Ornamental trees having, at the time of planting, not less than one and one-half (1-1/2) inch caliper measured on the trunk six (6) inches above the ground.
    3. Evergreen trees having, at the time of planting, a height of not less than four (4) feet.
    4. Shrubs having, at the time of planting, a height of not less than two (2) feet.
    5. Ground cover which includes grass, ivy, juniper, wood mulch, decorative or aggregate rock, or other approved pervious surfaces.
  1. Landscaping Requirements Adjacent to Streets. Where a parking lot having thirty (30) or more parking spaces and/or a loading area lies adjacent to or is visible from any public or private street, the entire frontage along said parking or loading area excluding curb cuts or other access ways, shall be landscaped and screened as follows:
    1. One (1) tree and four (4) shrubs shall be planted for every thirty (30) feet of frontage to be located within a strip of land paralleling the adjacent street and having a width of not less than ten (10) feet. Trees do not have to be placed thirty (30) feet on-center. Strategic groupings of shrubs is encouraged.
    2. The landscaped strip of land paralleling the adjacent street shall be located on private property. The City Engineer or the official of the public agency having jurisdiction may permit this landscaped area to occur within the public right-of-way it if can be satisfactorily demonstrated that no reasonable alternative exists for its location on private property.
    3. A maximum of fifty (50) percent of the required number of trees may consist of a mix of ornamental and evergreen trees.
    4. The required number of tress and shrubs may be reduced by up to fifty (50) percent if earth sculpting, berms, or decorative screening fences or walls are installed on private property along the frontage of the adjacent street to a height of not less than three (3) feet above the grade of the parking area and, in the opinion of the City Engineer, are designed to effectively screen the parking area yet avoid erosion, drainage or maintenance problems.
    5. No landscaping, hedge, wall, fence or berm that exceeds twenty-four (24) inches in height shall be located within ten (10) feet of any driveway opening nor otherwise located so as to interfere with the visibility of vehicles or pedestrians.
  1. Landscaping Requirements for Interior Areas. Where a parking lot having seventy-five (75) or more parking spaces is wholly or partially visible from an adjacent public or private street, it shall be further landscaped as follows:
    1. A minimum of twenty (20) square feet of interior landscaped areas shall be provided for each parking space. The landscaping shall be in one or more areas so as to break up the apparent expanse of the parking area and, at the very least, located at the ends of parking rows abutting a circulation aisle. In order to qualify as an interior landscaped area, said area shall be located wholly within or projecting inward from the boundaries of the parking area. The landscaped strip, as provided in Section 2 above, shall not qualify as an interior landscaped area, regardless of its width or depth.
    2. Individual interior landscaped areas shall have a minimum area of fifty (50) square feet and a minimum width of nine (9) feet. One (1) tree shall be planted for every four hundred (400) square feet of the aggregate total of all interior landscaped areas. Trees shall be evenly spaced whenever possible.
    3. A maximum of fifty (50) percent of the required number of trees may consist of a mix of ornamental and evergreen trees.
  1. Screening Requirements for Parking Lots Adjacent to Residentially Zoned Property.
    1. Purpose. It is the purpose of the following screening standards to reduce the non-aesthetic view of certain parking lots, loading docks, exterior storage and trash disposal areas in commercial, industrial, and multiple family zoning districts.
    2. General Standards. The following accessory uses in commercial and industrial zoning districts shall be effectively screened on the portion of the perimeter to residential zoning districts including where applicable, the portion of the perimeter adjacent to a public R.O.W. being adjacent to residential zoning districts.
    1. Parking lots containing more than 50 spaces.
    2. Loading docks
    3. Exterior storage and sales areas.
    4. Trash disposal areas.
    1. Screening Standards. The required screening shall consist of any of the following types or combinations thereof:
    1. Earth Berms. The top of the earth berm shall be at least five (5) feet wide and six (6) feet above the adjoining grade of the area to be screened. The berm shall have side slopes of not greater than four to one (4:1).
    2. Planting Materials. The planting materials shall be of various upright evergreen varieties and must be at least four (4) feet in height when planted and spaced not more than six (6) feet apart. The planting materials shall be maintained in a proper manner to assure maximum opacity from the ground to a height of at least six (6) feet.
    3. Fences. This type of screening will only be permitted for trash disposal areas and not the other areas required to be screened and shall be at least six (6) feet in height and at least seventy-five percent (75%) opaque.
    4. Exception: The required screening will not be required if there is existing equivalent screening between the commercial, industrial, and multiple family zoning districts and the adjacent residential zoning districts as determined by the Plan Commission.

    5. Maintenance of Screening. All required planting material shall be properly maintained in satisfactory growing condition and, if necessary, shall be replaced with new planting material to assure continued compliance with the applicable screening requirements. All required fences shall be permanently maintained in good condition and, if necessary, repaired or replaced.
    6.  

    7. Site Plan.. A proper site plan shall be prepared and shall include,

where required, the location and types of all screening that will be provided. The following is suggested as guidelines when preparing the site plan:

    1. Locate loading docks on the side of the building opposite to the residential uses.
    2. Locate the office space of industrial buildings to the side adjacent to the residential use.
    3. Locate the trash bins, dumpsters and storage areas to the side of the building opposite residential uses.
    4. Locate exhaust fans and air-conditioning equipment as far as possible from the residential uses.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13.00 - ADMINISTRATION

    1. Administrative Officer. The Building Inspector, as Zoning Administrator, shall be in charge of the administration and enforcement of this ordinance.
    1. Duties. The Building Inspector shall:
    1. Receive applications required, issue permits and furnish certificates, all in his judgment and discretion.
    2. Examine premises for which permits have been issued, and make necessary inspections to determine compliance.
    3. When requested by the City Administrator, or when the interest of the City so requires, make investigations and render written reports.
    4. Issue such notices or orders as may be necessary.
    5. Keep careful and comprehensive records of applications, permits, certificates, inspections, reports, notices, orders and all localized actions of the City Council, and shall file the same permanently by street address.
    6. Keep all such records open to public inspection, at reasonable hours, but not for removal from the office.
    7. Report to the City Council at least once each month as to permits and certifications issued, and orders promulgated.
    8. Request and receive the assistance and cooperation of the Police Department, the City Attorney and of other City Officials.
    9. Inform the City Administrator of all violations and all other matters requiring prosecution or legal action.
    10. Be entitled to rely upon any opinion of the City Attorney as to the interpretation of this ordinance, or the legal application of this ordinance to any factual situation.
    11. Discharge such other duties as may be placed upon him by this ordinance.
    1. Zoning Certificates And Building Permits.
    1. No permit as required by the Building Ordinances of the City of Sycamore shall be issued by the Building Inspector for the construction of a building, structure or land improvement or an alteration or enlargement of an existing building, structure or land improvement and the uses thereof, until the Building Inspector certifies in such permit that the application for a permit with accompanying plans and specifications conforms with the regulations of this comprehensive amendment and all appropriate building regulations.
    2. When a permit is not required by the Building Ordinance of the City of Sycamore for an improvement and the use thereof requires conformance with the regulations of this comprehensive amendment, an application for a zoning certificate shall be filed with the Building Inspector. A zoning certificate shall be issued only when the application shows conformance with the regulations of this comprehensive amendment.
    3. All applications for building permits or zoning certificates shall be accompanied by a plat in duplicate drawn to scale showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plat shall be kept in the office of the Building Inspector. The Building Inspector shall in writing approve or disapprove all building permits or zoning certificates within thirty (30) days after submission thereof. Failure to act shall be deemed a disapproval of the application.
    4. Appeals (see Section 13.05).
    1. Occupany Certificate.
    1. No building or addition thereto, constructed after the effective date of this ordinance and no addition to a previous existing building shall be occupied, and no land vacant on the effective date of this ordinance shall be used for any purpose, until an occupancy certificate has been issued by the Building Inspector. No change in a use in any district shall be made until an occupancy certificate has been issue by the Building Inspector. Every occupancy certificate shall state that the use or occupancy complies with all the provisions of this ordinance.
    2. Every application for a building permit shall also be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new or changed use of land or building where no building permit is required shall be made to the Building Inspector.
    3. No occupancy certificate for a building or addition thereto, constructed after the effective date of this ordinance, shall be issued until construction has been completed and the premises have been inspected and certified by the Building Inspector to be in full and complete compliance with the plans and specifications upon which the building certificate or zoning certificate was based. No addition to a previously existing building shall be occupied, and no new use of a building in any district shall be established until the premises have been inspected and certified by the Building Inspector to be in full compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six (6) months from its date during the completion of any addition or during partial occupancy of the premises. An occupancy certificate shall be issued, or written notice shall be given to the applicant stating the reason why a certificate cannot be issued, not later than fourteen (14) days after the Building Inspector is notified in writing that the building or premises is ready for occupancy.
    4. Appeals (see Section 13.05).
    1. Zoning Board Of Appeals.
    1. Creation and Procedure.
    1. The Zoning Board of Appeals of the City of Sycamore, as heretofore created and established under the provisions of the zoning ordinance of the City of Sycamore, as amended, is hereby reconstituted and re-established as the Zoning Board of Appeals under the provisions of this comprehensive amendment and the present duly appointed seven (7) members of the Zoning Board of Appeals shall continue to serve in such capacity for the full term for which they were appointed and qualify, and to hear or decide all other matters referred to it by ordinance. The successor of each member shall serve for a term of five (5) years.
    2. All appointments to the Zoning Board of Appeals shall be made by the Mayor subject to approval of the City Council. One of the members so appointed shall be named as Chairman at the time of his appointment. The Mayor, subject to the approval of the City Council, shall have the power to remove any member of the Zoning Board of Appeals for cause and after public hearing. Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant. In the event that the office of Chairman is vacated for any reason, the Mayor, subject to approval of the City Council, shall immediately appoint either one of the remaining members on the Board of Appeals, or any member who is appointed to fill such vacancy on the Zoning Board of Appeals, as the new Chairman.
    3. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such times as the Board may determine. All testimony by witnesses at any hearing provided for in this comprehensive amendment shall be given under oath. The Chairman, or in his absence the Vice-Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examination and other official actions. Every rule, regulation, order, requirement, decision or determination of the Board shall immediately be filed in the Office of the City Clerk and shall be public record.
    4. The Zoning Board of Appeals shall make recommendations regarding matters as authorized by this comprehensive amendment in a specific case and after public hearing. A concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary on any matter upon which it is authorized to decide by this comprehensive amendment.
    1. Jurisdiction and Authority. The Board of Appeals is hereby vested with the following jurisdiction and authority.
    1. To hear appeals and recommend action to the City Council regarding an administrative order, requirement, or determination made by the Building Inspector under this comprehensive amendment.
    2. To hear or decide all other matters referred to it upon which it is required to decide under this comprehensive amendment, and recommend action to the City Council.
    3. The concurring vote of four (4) members of the Board shall be necessary to recommend reversal of any order, requirement, decision or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which it is required to pass under this comprehensive amendment.
    1. Appeals.

1. Authority. The Zoning Board of Appeals shall hear and make recommendations regarding appeals from an administrative order, requirement or determination under these ordinances made by the Building Inspector, within 60 days of filing such an appeal with the City Clerk in such form as prescribed by the Building Inspector. An appeal, upon posting proper security, stays such order, requirement or determination unless the Building Inspector certifies that a stay would cause imminent peril to life or property. The Board shall hear all appeals within 60 days of filing.

    1. Decisions. All decisions, after hearing, of the Zoning Board of Appeals from an administrative order, requirement, decision or determination of the Building Inspector shall, in all instances, be subject to City Council approval.
    2. Public Notice Requirements.
    1. The Director of Building and Zoning shall be responsible for providing public notice of the time, date and place of a required public hearing, along with a legal description of the property that is the subject of the public hearing and such public notice shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof at least once in a newspaper having general circulation in the City of Sycamore.
    2. The Director of the Building and Zoning Department shall use his best effort to erect a sign or signs on the subject property not less than fifteen (15) days before the scheduled public hearing by the Zoning Board of Appeals and the applicant shall provide the City with the right of access and license to go to the subject property to post and remove the sign and shall hold the City harmless from any and all claims, demands and causes of action which may arise from such posting, including without limitation the cost of defense and reasonable attorney's fees in resolving the claim, whether by settlement or trial. The sign(s) may have on their surface a notice that the property is to be the subject of a public meeting and shall not be removed until the City Council has taken final action on the appeal. There may be one (1) sign erected for every public street frontage and it should be clearly visible from the adjacent or nearest public right-of-way. All signs shall be furnished by the City after receiving from the applicant any deposits the City may, in its sole discretion, deem appropriate and a duly executed indemnity agreement in form acceptable to the City Attorney. The deposit shall be returned to the applicant upon the timely return of the sign or signs in good condition.

 

 

    1. Variations.
    1. Authority. The Zoning Board of Appeals shall recommend to the City Council variations of the provisions of this ordinance in harmony with its general purpose and intent, and shall vary them only in the specific instances hereinafter set forth where the Zoning Board of Appeals shall have made findings of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this ordinance.
    2. Initiation. An application for a variation may be made by any person, firm, corporation, or by any office, department, board, bureau or commission requesting or intending to request application for a building permit or zoning certificate.
    3. Processing and Notice Requirements. An application for a variation shall be filed with the City Clerk. The City Clerk shall forward such application to the Zoning Board of Appeals for processing in accordance with applicable statutes of the State of Illinois, and the provisions of this ordinance. No variation shall be recommended by the Zoning Board of Appeals except after a public hearing before the Zoning Board of Appeals.
    1. The Director of Building and Zoning shall be responsible for providing public notice of the time, date and place of a required public hearing, along with a legal description of the property that is the subject of the public hearing and such public notice shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof at least once in a newspaper having a general circulation in the City of Sycamore.
    2. The Director of Building and Zoning shall use his best effort to erect a sign or signs on the subject property not less than fifteen (15) days before the scheduled public hearing by the Zoning Board of Appeals and the applicant shall provide the City with the right of access and license to go on the subject property to post and remove the sign and shall hold the City harmless from any and all claims, demands and causes of action which may arise from such posting, including without limitation the costs of defense and reasonable attorney's fees in resolving the claim, whether by settlement or trial. The sign(s) may have on their surface a notice that the property is to be the subject of a public meeting and shall not be removed until the City Council has taken final action on the appeal. There may be one (1) sign erected for every public street frontage and it should be clearly visible from the adjacent or nearest public right-of-way. All signs shall be furnished by the City after receiving from the applicant any deposits the City may, in its sole discretion, deem appropriate and a duly executed indemnity agreement in form acceptable to the City Attorney. The deposits shall be returned to the applicant upon the timely return of the sign or signs in good condition.
    1. Decisions. All administrative recommendations and findings of the Zoning Board of Appeals on variations arrived at after the hearing shall be accompanied by findings of fact specifying the reason or reasons for approving or disapproving the variation.
    2. Standards.
    1. The Zoning Board of Appeals shall not vary the provisions of this ordinance, as authorized in this section, unless it shall have made findings based upon the evidence presented to it in all the following cases:
    1. That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by regulations governing the district in which it is located.
    2. That the plight of the owner is due to unique circumstances.
    3. That the variation, if granted, will not alter the essential character of the locality.
    1. A variation shall be permitted only if the evidence, in the judgement of the Board of Appeals, sustains each of the three (3) conditions enumerated above.
    2. For the purpose of supplementing the above standards, the Zoning Board of Appeals, in making this determination whenever there are practical difficulties or particular hardship, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence.
    1. That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out,
    2. That the condition upon which the petition for variation is based would not be applicable generally to other property within the same zoned classification.
    3. That the purpose of the variation is not based exclusively upon a desire to make more money out of the property;
    4. That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;
    5. That the granting of the variation will not be detrimental to the public welfare or unduly injurious to other property;
    6. That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
    1. The Zoning Board of Appeals may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this ordinance.
    2. Any variance which has been authorized by order of the City Council shall become null and void and all rights thereunder shall lapse if a required building permit has not been obtained and work started on the applicable project within eighteen (18) months of the effective date of the variance. Any variance which was authorized by order of the City Council prior to the date of this amendment shall become null and void and all rights thereunder shall lapse if a required building permit has not been obtained and work stated on the applicable project within eighteen (18) months of the date of this amendment.
    1. Plan Commission.
    1. Jurisdiction. The Plan Commission of the City of Sycamore, which has been duly established, is the Plan Commission referred to in this ordinance, and shall have the following duties under this ordinance.
    1. To hear all applications for amendments and special uses and thereafter submit reports of findings and recommendation thereon to the City Council in the manner prescribed in this section for amendments and special uses;
    2. To initiate, direct and review, from time to time, studies of the provisions of this comprehensive amendment, and to make reports of its recommendations to the City Council not less frequently than once (1) each year; and
    3. To hear and decide all matters upon which it is required to pass under this comprehensive amendment.
    1. Meetings and Rules. All meetings of the Plan Commission shall be held at the call of the Chairman, and at such time as the Plan Commission may determine. All hearings conducted by said Plan Commission under this comprehensive amendment shall be in accordance with Illinois statutes. In all proceedings of the Plan Commission provided for in this comprehensive amendment, the Chairman, and in his absence, the Vice-Chairman, shall have the power to administer oaths. All testimony by witnesses at any hearing provided for in this comprehensive amendment shall be given under oath. The Plan Commission shall keep minutes of its proceedings, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment and every special use, and every recommendation, order, requirement, decision or determination of the Plan Commission under this comprehensive amendment shall be filed in the office of the City Clerk and shall be a public record. The Plan Commission shall adopt its own rules and procedures, not in conflict with this comprehensive amendment or with applicable Illinois statutes.
    1. Amendments.
    1. Authority. The regulations imposed and the districts created under the authority of this ordinance may be amended from time to time, by ordinance in accordance with applicable statutes of the State of Illinois. An amendment shall be granted or denied by the City Council only after public hearing before the Plan Commission and a report of its findings and recommendations has been submitted to the City Council.
    2. Initiation of Amendment. Amendments may be proposed by the Council, by the Plan Commission, the Zoning Board of Appeals, other governmental bodies, or by any owner of property within the jurisdictional limits of this ordinance.
    3. Processing. An application for an amendment shall be filed with the City Clerk and thereafter introduced into the City Council. Such application shall be forwarded from the City Council to the Plan Commission, with a request to hold a public hearing. Notice shall be given of the time and place of hearing in accordance with Paragraph 4, Notice Requirements, of this Section.
    4. The Plan Commission shall hold a public hearing and forward its recommendation in the form of a written report to the City Council within forty-five (45) days of the date the petition was submitted to the Plan Commission, unless it is withdrawn by the petitioner.

      In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty (20) percent of the frontage proposed to be altered, or by the owners of twenty (20) percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty (20) percent directly opposite the frontage proposed to be altered, is filed with the City Clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all the aldermen of the City of Sycamore. Any proposed amendment which fails to receive the approval of a majority of the Plan Commission members and is so reported, shall not be passed by the City Council except by a favorable vote of two-thirds (2/3) of all the alderman of the City of Sycamore.

    5. Notice Requirements.
    1. The Director of Building and Zoning shall be responsible for providing public notice of the time, date, and place of the required public hearing, along with a legal description of the property that is the subject of the public hearing and such public notice shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof at least once in a newspaper having general circulation in the City of Sycamore.
    2. The Director of Building and Zoning shall use his best effort to erect a sign or signs on the subject property not less than fifteen (15) days before the scheduled public hearing by the Planning Commission and the applicant shall provide the City with the right of access and license to go on the subject property to post and remove the sign and shall hold the City harmless from any and all claims, demands and causes of action which may arise from such a posting, including without limitations the cost of defense and reasonable attorney's fees in resolving the claim, whether by settlement or trial. The sign(s) may have on their surface a notice that the property is to be the subject of a public meeting and shall not be removed until the City Council has taken final action on the appeal. There may be one (1) sign erected for every public street frontage and it should be clearly visible from the adjacent or nearest public right-of-way. All signs shall be furnished by the City after receiving from the applicant any deposits the City may, in its sole discretion, deem appropriate and a duly executed indemnity agreement in form acceptable to the City Attorney. The deposits shall be returned to the applicant upon the timely return of the sign or signs in good condition.
    1. Decisions. The City Council, upon report of the Plan Commission and without further public hearing, may grant or deny any proposed amendment in accordance with applicable statutes of the State of Illinois, or may refer it back to the Plan Commission for further consideration.
    1. Special Uses.
    1. Purpose. The development and execution of the zoning ordinance is based upon the division of the city into districts, within any one of which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into two (2) categories:
    1. Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest.
    2. Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
    1. Authority. Special uses shall be authorized or denied by the City Council in accordance with the provisions of this ordinance applicable to amendments of this ordinance and the regulations and conditions set forth in this ordinance for special uses.

No application for a special use shall be acted upon by the City Council until after:

    1. A written report is prepared and forwarded to the City Council by the Plan Commission in a manner prescribed herein for amendments to this ordinance; and
    2. A public hearing has been held by the Plan Commission, after due notice by publications as prescribed herein, for amendments, and the findings and recommendations of the Plan Commission have been reported to the City Council.
    1. Initiation. An application for a special use may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate.
    2. Processing. An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Plan Commission, shall be filed with the City Clerk and thereafter processed in the manner prescribed heretofore for applications and amendments.
    3. Notice Requirements.
    1. The Director of Building and Zoning shall be responsible for providing public notice of the time, date, and place of a required public hearing, along with a legal description of the property that is the subject of the public hearing and such public notice shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by publishing a notice thereof at least once in a newspaper having general circulation in the City of Sycamore.
    2. The Director of Building and Zoning shall uses his best effort to erect a sign or signs on the subject property not less than fifteen (15) days before the scheduled public hearing by the Planning Commission and the applicant shall provide the City with the right of access and license to go on the said property to post and remove the sign and shall hold the City harmless from any and all claims, demands and causes of action which may arise from such a posting, including without limitations the cost of defense and reasonable attorney's fees in resolving the claim, whether by settlement or trial. The sign(s) may have on their surface a notice that the property is to be the subject of a public meeting and shall not be removed until the City Council has taken final action on the appeal. There may be one (1) sign erected for every public street frontage and it should be clearly visible from the adjacent or nearest public right-of-way. All signs shall be furnished by the City after receiving from the applicant any deposits the City may, in its sole discretion, deem appropriate and a duly executed indemnity agreement in form acceptable to the City Attorney. The deposits shall be returned to the applicant upon the timely return of the sign or signs in good condition.
    1. Decisions. The City Council upon report of the Plan Commission and without further hearing may authorize by a special use ordinance, or deny, an application for a special use in accordance with the provisions of this ordinance applicable to amendments, or may refer it back to the Plan Commission for further consideration.
    2. Conditions and Guarantees. Prior to granting any special use, the Plan Commission may recommend, and the City Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein, or as may be from time to time required. In all cases in which special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.
    3. Standards. A special use permit shall not be recommended by the Plan Commission nor approved by the City Council, unless it shall be determined as follows:
    1. That the proposed use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community;
    2. That such use will not under the circumstances of the particular case be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity;
    3. That the special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood;
    4. That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;
    5. That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided;
    6. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
    7. That the proposed use will comply with the regulations and conditions specified in this ordinance for such use, and with the stipulation and conditions made a part of the authorization granted by the City Council.
    1. Effect of Denial of a Special Use Permit: After a public hearing no application for a special use which has been denied wholly or in part by the City Council shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds that substantial new evidence or proof of changed conditions is found to be valid by the Plan Commission and the City Council.
    1. Planned Unit Development. The purpose is to provide a means of achieving great flexibility in the development of land and in a manner that is not possible in conventional zoning districts; to encourage a more imaginative and innovative site design; and to publicly influence the design and future phasing of a development.

Although intended to promote flexible techniques of land development and site design, these regulations are not intended to allow excessive densities or the development of incompatible land uses, either within the planned development or as the development relates to adjacent properties.

    1. Planned Development. A tract of land which is planned as a whole for development under single ownership or control and which, by virtue of such unified planning and development, provides greater amenities, convenience or other benefits than normally would be had in conventional zoning districts. Adequate provisions shall be made for basic community facilities such as schools, parks, playgrounds and churches, among others. The minimum area for a planned development shall be: (a) residential--2 acres; (b) commercial--5 acres; (c) industrial--10 acres; (d) governmental--2 acres; (e) mixed use--10 acres; (f) office/research/industrial--2 acres.
    2. Procedure.
    1. The applicant shall petition the City Clerk in writing to call a meeting of the Plan Commission for a review of the proposed Planned Unit Development, and the Plan Commission shall call such meeting, which may be continued from time to time. The petition shall be accompanied by such exhibits and written information as may be necessary to fully acquaint the Plan Commission with the proposed development.
    2. Plan Commission Workshop. Prior to formal application for a special use permit to establish a planned unit development, the applicant(s) may request Plan Commission direction in a workshop session. Such sessions are not mandatory, but are highly recommended. The applicant(s) shall submit a concept plan, showing the location and extent of the types of land uses proposed; building outlines (footprints) of all proposed structures except single family detached dwellings on subdivided lots; internal private circulation drives and parking areas; and open space areas, common areas and buffer areas. This plan shall be submitted at least fourteen (14) days before a regularly scheduled Commission meeting.
    3. Formal Review. To be eligible for a formal review of a planned unit development petition, the applicant(s) shall submit a preliminary plat and plan which shall include, but not necessarily be limited to, the following:
    1. A preliminary plat and plan in accordance with the provisions of Title 10, Chapter 2, Section 10-2-2 of the City Code of the City of Sycamore.
    2. A statement and explanation concerning any exceptions or variations to the City zoning or subdivision requirements being requested as part of the Planned Unit Development application.
    3. Findings of Fact prepared and formatted as provided by law and in accordance with the standards defined in Section 13.09, paragraph 8 of this Code.
    1. The petition and all supporting documents shall be submitted at least twenty-one (21) days prior to the Plan Commission hearing to allow for staff review and proper public notice in a newspaper of general circulation.
    2. The formal petition for a Planned Unit Development shall be addressed to the City Council and shall be filed with the City Clerk. Twenty-five (25) copies of the petition shall be filed; attached to each copy shall be copies of the supporting documents and exhibits hereinafter provided for.
    3. A filing fee in the amount of Two Dollars ($2.00) per dwelling unit or Ten Dollars ($10) per gross acre, whichever is greater, shall be paid to the City Clerk at the time of such filing.
    4. The petition shall be heard by the Plan Commission which shall report to the City Council on its findings and recommendations. Such report shall be accompanied by any findings of fact, plats, exhibits and agreements as shall have been presented by the petitioner, each identified for reference by letter or number, together with any suggested changes therein.
    5. The City Council may grant a special use for a Planned Unit Development which shall be by specified ordinance and which shall contain or to which shall be appended all terms and conditions of the grant, including covenants and agreements, guarantees, performance bonds, plats and the like.
    1. Content of Petition. The formal petition shall contain, in addition to all other requirements, the following:
    1. An outline plan of the planned unit development. This plan will be at a scale of not less than one (1) inch equals one hundred feet (1' = 100') which shall show all proposed streets (public and private), street pavement and driveway widths, right-of-way, all principal and accessory buildings and their use, lot sizes, building lines, easements for utility services, off-street parking, service areas, open space, recreation facilities and any other information necessary to clearly show the proposed elements of the Planned Unit Development.
    2. Preliminary architectural plans for all residential buildings shall be submitted in sufficient detail to show the basic building planned elevations, the number of units per building and the number of bedrooms per dwelling unit. Preliminary architectural plans are not required for business or other non-residential buildings at the time of this application but must be submitted to the Building Department for its approval prior to filing an application for a building permit.
    3. A topographic survey and boundary survey of the subject area, prepared in two (2) foot contour intervals and certified by a registered Illinois surveyor.
    4. A rendered plan of the planned unit development area showing in contrasting colors or by other means the respective location of all categories of land use.
    5. A map of the City of Sycamore, Illinois showing the planned unit development area and its relation to the existing roads and streets and use districts within and immediately adjacent to the City.
    6. Specifications for the following improvements:
    1. Roads, streets and alleys, including classifications, width of right-of-way, widths of paved surfaces and construction details.
    2. Sidewalks, including widths of paved surfaces and construction details.
    3. Sanitary and storm sewer system.
    4. Water supply system.
    5. Street lighting and public area lighting system.
    6. Recommended installation for electric, gas and telephone facilities and distribution.
    7. Sequence of phases or stages of development of the planned unit development.
    8. A general landscape plan shall be prepared by a landscape architect and shall meet the approval of the Plan Commission.
    1. Estimates of the cost of installation of all proposed improvements, confirmed by a registered Illinois engineer.
    2. Petitioner’s proposed covenants, restrictions and conditions to be established as a part of the Planned Unit Development.
    3. A traffic access and impact study if, in the opinion of the City Engineer, the likely result of a subdivision, planned development, rezoning, or special use permit will be the daily generation of an additional three hundred (300) or more trips to or from the subject property. The City Engineer’s opinion shall be based on the average trip generation rates published by the institute of Traffic Engineers (ITE) in their most recent trip generation manual. The City Engineer may also require a traffic access or impact study if access to a particular property is likely to cause a significant hazard or congestion due to the proximity to nearby access drives or intersections, or due to current traffic problems in the local area.
    1. Construction of Improvements. The petitioner shall construct and install the required improvements and must post with the City a sum of cash, or negotiable securities, or a surety bond running to the City in an amount sufficient to cover the full cost of construction as well as engineering and inspection fees and costs, to assure the satisfactory installation of such improvements; the amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided for; if a surety bond is submitted, it shall have good and sufficient surety thereupon and shall not be accepted until approved by the Mayor and City Conncil.
    2. If the Planned Unit Development is to be constructed and developed in stages or phases, the deposit of cash or securities or the bond posted shall be in an amount based upon the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the City Engineer.

    3. Specifications for Construction Improvements. All improvements shall be constructed in accordance with the City of Sycamore's standards and specifications.
    4. Standards. No Planned Unit Development shall be authorized unless the Plan Commission shall find and recommend, in addition to those standards established herein for special uses, that the following standards will be met:

a. General

    1. The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development.
    2. The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.
    3. Any industrial park areas established in the Planned Unit Development shall conform to all requirements as set forth elsewhere in this ordinance.
    4. All minimum requirements pertaining to commercial, residential, institutional, or other uses established in the Planned Unit Development shall be subjected to the requirements for each individual classification as established elsewhere in this ordinance, except as may be specifically varied in the ordinance granting and establishing a Planned Unit Development.
    5. When private streets and common driveways are made a part of the Planned Unit Development or open space or recreation facilities are provided the applicant shall submit, as part of the application, the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the City Council.
    1. Conditions and Guarantees. Prior to granting any special use, the Plan Commission may recommend, and the City Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein, or as may be from time to time required. In all cases in which special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.
    2. Effect of Denial of a Special Use. After a public hearing no application for a special use which has been denied wholly or in part by the City Council shall be resubmitted for a period of one (1) year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the Plan Commission and the City Council.
    3. Termination of Special Use Permit. If work on the proposed development has not begun within two (2) years from the date of the authorization order of the City Council, the authorization shall become null and void and all rights thereunder shall lapse. Upon written application, filed prior to the termination of the two (2) year time limit, the City Council may authorize a single extension of the time limit for a further period of not more than twelve (12) months without a public notice.
    4. Planned Development:Residential.
    1. Residential density for a Planned Unit Development shall not be greater than the recommended density as shown on the Land Use Plan of the Comprehensive Plan for the City.
    2. Low Density areas shall have a gross density of 0 to 3 housing units per acre and a minimum open space requirement of 10 percent of the gross land area.
    3. Medium Density areas shall have a gross density of 3 to 6 housing units per acre and a minimum open space requirement of 20 percent of gross land area.
    4. High Density areas shall have a maximum density of 12 units per gross acre and a required open space of 30 percent of the gross land area.
    5. Performance Bonuses may be approved by the City Council, upon the recommendation of the Plan Commission, to encourage residential subdivision designs that more creatively integrate function and appearance. The bonus system is based on the following assumptions:
    1. Density in a PUD should never exceed what is consistent with nearby existing developed areas. A minimum buffer area of 30 feet should separate existing and new residential developments. This buffer area should be kept free of accessory buildings and must be landscaped.
    2. For bonuses, density is calculated on the basis of dwelling units per gross acre.
    3. In instances where bonuses are sought for two (2) or more residential land use designations within a residential PUD, density should be calculated separately for the different residential designations.
    4. No more than fifty percent (50%) of the residentially zoned area may be eligible for density increases.
    5. If the development is to be built in stages, the open space shall be designated in reasonable proportion to the number of dwellings in each phase.
    6. The number of constructed dwelling units per gross acre shall never exceed the overall density established for the residential designation.
    7. Non-residential uses permitted in the residential districts are subject to all the required lot areas, yards, and setbacks established in the zoning ordinance.

 

 

 

BONUS CRITERIA:

 

Maximum Density Increase

Achieved by the Following Design Considerations:

10%

A minimum of an additional five percent (5%) of the net development area must be devoted to open space (above the minimum requirements) featuring public pedestrian walkways, bike paths, or dedicated recreational park space.

5%

A creative set of building designs featuring variations in facades and groupings that take advantage of natural terrain and that integrate detention basins with an overall landscaping plan.

5%

Additional screening and parking lot landscaping above City requirements; screening plants and trees on the periphery of the development and between uses.

 

 

    1. The open areas provided in the part of the planned development containing only residential structures shall be preserved over the life of the Planned Unit Development for use only by the residents of the planned development or shall be dedicated to the Sycamore School District or Park District for school or park purposes through an agreement acceptable to the City Council.
    2. Other Variations. The Plan Commission may recommend and the City Council may approve access to dwellings by a driveway or pedestrian walk easement, and spacing between buildings of less widths or depths than required by applicable district regulations provided (1) adequate provisions are made to perpetuate the access easements and off-street parking spaces for use by residents of the affected dwellings during the period of use; (2) due consideration is given to the openness normally afforded by intervening streets and side yards when the spacing between clustered buildings on the interior of the development might be adjusted; and (3) the yards for principal buildings along the periphery of the development shall never be less in width or depth than required in the district regulations.

 

 

    1. Planned Development: Commercial or Industrial
    1. Site Coverage. The total site coverage by uses permitted in the commercial or industrial districts shall not exceed seventy percent (70%) except as provided in the bonus provisions of item c, below.
    2. Buffer. When a planned commercial or industrial development abuts residentially zoned property, a minimum fifty (50) foot buffer area should be installed and landscaped.
    3. Site Coverage Bonus. The Plan Commission may recommend and the City Council may approve an increase in maximum site coverage from seventy percent (70%) up to eight percent (80%) if six (6) of the following criteria are met:
    1. Storm drainage and detention systems have a capacity significantly in excess of what is required.
    2. Storm drainage detention facilities are installed underground.
    3. The release rate from the storm drainage detention facilities is significantly and appreciably more restrictive than code requirements.
    4. Parking lot landscaping is increased fifty percent (50%) or more than is required.
    5. Principal access to property allows for shared access by an adjacent property, thus reducing curb cuts.
    6. Pedestrian and bicycle paths are constructed.
    7. Loading and unloading areas are screened with landscaping.
    8. The development includes a donation of land for community facilities.
    9. The development features highly innovative architectural and natural features.
    10. Signs have materials that are compatible with architectural and natural features in the development.
    11. Open space is not isolated but spread equitably through the development.
    12. No more than one quarter (25%) of the required open space is comprised of rights-of-way, floodplain, or storm water drainage facilities.
    13. Any other performance criteria that further the goals of the Comprehensive Plan and that, in the opinion of the Plan Commission and Council, warrant the approval of development bonuses.

12. Maintenance of Common Land and Structures.

Subdividers and developers of planned unit developments shall cause language to be placed on their preliminary plan or, alternatively, shall prepare an exhibit to their petition with language that affirms that the operation and maintenance of designated common areas, common facilities, common buildings, and open spaces shall conform with Ordinance 2000.27. Such language will establish that the maintenance of common land and buildings shall be under the control of a homeowner’s association in accordance with the laws of the City of Sycamore governing such associations and in accordance with the following:

    1. This section shall apply to all associations created after the August 21, 2000.
    2. For purposes of this section the following words and phrases will have the following meanings, unless the context clearly indicates a different meaning:
    1. Association: The owner’s association to be formed for the owners of the property in the subdivision to maintain any open space, common grounds, or common buildings not dedicated to a public agency and accepted by the public agency.

 

2. City: The City of Sycamore

    1.  

3. Phased development: Any development of real estate in which the owner, subdivider, or developer substantially completes all the required improvements on one unit or phase of the total territory proposed to be subdivided before selling any lot in any other phase or unit of the entire territory.

4. Plan Commission: The plan commission of the city.

5. Subdivider: Any person, firm, or corporation subdividing any land or proposing to subdivide any land, and any successor in interest to any such person purchasing subdivided land before final acceptance of all of the completed subdivision improvements.

6. Subdivision association: An association as defined above in this Section.

7. This Section shall be prospective in effect only and shall not apply to any homeowners’ association in existence on the effective date of this ordinance.

c. This ordinance presents a model which may be followed in creating and operating a homeowners’ association. Any alternative organization or arrangement relating to a homeowners’ association giving the same degree of protection to the home owners, to the subdivider, and to the City may be submitted to the Plan Commission and City Council for approval. The Plan Commission and City Council shall obtain an opinion from the City Attorney on the alternative proposal. If the alternative proposal provides, in all respects, protection equivalent to the protection given by the model set out in this Section to the homeowners, to the subdivider, and to the municipality, the alternative shall be approved.

d. There shall be one membership in the association for each lot in the subdivision. If any lot is owned by more than one person, only one membership will accrue and only one vote may be cast on behalf of such membership. Each owner of each lot shall, upon receiving title to such lot, notify the association by a form or letter in writing stating who will cast the vote on behalf of the membership. The notice may state that either of two persons can cast the vote and the association may rely on such notice. No person shall purchase any lot in the subdivision without joining the association and agreeing to pay all assessments for operation and maintenance of open space, commonly owned ground, or other facilities of the association. The subdivider shall record documents containing covenants running with the land covering these requirements.

e. The association shall be incorporated as a corporation not for profit or nonprofit corporation under the laws of this state.

f. There shall be a board of directors consisting of an odd number of persons each of whom shall be a member of the association. Members of the board of directors shall serve for terms not longer than one year each. Each member of the association shall be eligible to serve on the board of directors and any person may be elected for repeated terms on the board of directors. Elections of members of the board of directors shall be held at meetings of the association and shall be by written secret ballot. Each member may vote for as many persons as there are vacancies to be filled on the board and votes cannot be cumulative, that is no person can cast more than one vote for any one candidate. Vacancies shall be filled for the remainder of the term by election of the membership in the same manner. If any member of the board of directors misses three consecutive regular meetings of the board of directors without an excuse, the member will be deemed to have vacated his position and the remaining members of the board shall call an election of the membership to elect a replacement.

g. The board of directors shall have the following powers and duties:

aa. The board shall arrange for enforcement of all of the covenants running with the land relating to the subdivision.

bb. The board shall arrange for payment of all taxes, special assessments, and other charges that may become liens against any property owned by the association or managed by the association.

cc. The board of directors shall arrange for insurance, including casualty and liability insurance, and any other insurance that may be appropriate to protect the interest of the association.

dd. The board of directors shall contract for goods and services required for operation and maintenance of the common areas, common facilities, and common buildings owned or operated by the association.

ee. The board shall prepare proposed budgets and financial statements, provided that no budget shall be in effect until it is approved by the association membership at a meeting held in accordance with the requirements of this ordinance for membership meetings. Any member may propose a budget and any member may propose any amendments to any budget prepared by the board of directors.

ff. The board of directors shall propose rules to be in effect in the common areas, common buildings, and common facilities owned or operated by the association, provided that such rules shall not be in effect until the rules are approved by the members of this association. Any member of the association may propose rules and propose any changes in rules submitted by the board of directors.

gg. The board of directors may authorize any necessary repairs or replacements of components to any building or facility owned by the association. No expenditure of funds beyond the amounts in the budget approved by the membership may be authorized without approval of the membership.

h. The board of directors shall not take any of the following actions without approval of the membership:

aa. Authorizing any contract or entering into any contract for a term longer than one year. Any proposed contract, whereby more favorable terms can be obtained by contracting for more than one year and any situation where a contract for more than one year is necessary in order to arrange financing, shall be reported to the membership and such contract may be authorized with approval of the membership.

bb. Any contract for an expenditure not covered by an item in the current budget.

cc. Any capital improvement costing more than five percent of the total budget for the current fiscal year.

dd. Any sale of any property of the association, provided that machinery may be used as a trade-in or may be sold when replacements are purchased out of funds available in the budget.

ee. No member of the board of directors and no officer of the association shall receive any compensation for any services, provided that actual out-of-pocket expenses may be paid to a member or officer out of funds authorized in the budget.

ff. The board of directors shall have regular meetings at least six times each year. The time and place of the meeting shall be posted in conspicuous places in the subdivision at least three days before the meeting. The complete agenda for the meeting shall be posted at least three days before the meeting, and no business shall be transacted which is not listed in the agenda. Any additional business may be taken up at a special meeting. Notice of the special meeting is given in the same manner as notice of the regular meeting. At the meetings, the president of the association shall preside, and the vice president shall preside in the absence of the president. The secretary of the association shall take the minutes of the meeting, and in the absence of the secretary, the board of directors shall appoint any person who is a member of the association to take the minutes of the meeting. A majority of the members of the board of directors constitutes a quorum. If the number of members less than a quorum appear at any meeting, a majority of the members actually present may set a date for a special meeting. For any other action by the board of directors, a vote of a majority in number of the members of the board of directors is required, regardless of the number of members present at the meeting. Any motion, resolution, or any other action not receiving the favorable vote of a majority in the number of the members of the board of directors, regardless of the numbers actually present at the meeting, shall be deemed to have failed to pass.

i. The association shall have the following officers:

aa. A president, who shall also be a member of the board of directors.

bb. A vice president, who shall also be a member of the board of directors.

cc. A secretary, who need not be a member of the board of directors.

dd. A treasurer, who need not be a member of the board of directors.

The president shall have the authority to sign all contracts authorized by the board of directors, and the secretary shall have authority to attest to the president’s signature. The vice president shall perform the duties of the president in the absence of the president. The treasurer shall be responsible for overseeing the financial affairs of the association, provided that the association may, if authorized by the board of directors and if funds are available in the approved budget, retain a full-time or part-time bookkeeper or financial advisor.

j. There shall be an election of officers and directors once each year for a one-year term. The elections shall be by written secret ballot, but no formal requirements need be made for the form of the ballot. The members shall designate one vote for an individual as president and member of the board, one vote for an individual as secretary and member of the board, and the rest of the votes shall be for members of the board who are not yet officers. Votes of members may not be cumulative, and each member may vote for no more than one person for each position to be filled. Elections shall be at a meeting of the members.

k. There shall be meetings of the members of the association at least twice each year. Special meetings of the members of the association may be called at any time by the president, by any three members of the board of directors, or by any five members of the association. Meetings of the members shall be called by giving a notice of the meeting stating the time and place of the meeting and listing the agenda for the meeting. No item may be acted on by the membership if it is not listed on the agenda for the meeting. A special meeting may be called by vote of the members present at any meeting, if such special meeting is necessary to give additional notice for additional items to be covered at the meeting. At least one-third of the members of the association must be present to constitute a quorum for a meeting. A number of members less than one-third may vote to call a special meeting after additional notice if less than one-third of the members appear at any meeting. For all other business of the members, a majority of the members present at the meeting is required to pass any motion, resolution, or other matter.

l. The members of the association shall approve an annual budget after receiving a recommended budget from the board of directors. The members need not follow the recommendations of the board of directors. The members may amend the budget at any time during the year at any regular meeting by adding amounts, adding additional items, reducing amounts, or removing items from the budget. Each property owner shall be required to pay an assessment in an amount determined each year by the board of directors based on an annual amount adopted by the association. The subdivider shall cause to be recorded documents creating a covenant running with the land covering this obligation.

m. The association shall have a charter and by-laws which will be consistent with the regulations set out in this ordinance and which will assure that this ordinance is followed.

n. The association shall be organized and start to do business at any time when a final plat covering any part of a subdivision is recorded. The subdivider shall also, at that time, transfer title to all real estate involved in common areas, common buildings, and common facilities to be owned by the association. The subdivider shall be entitled to membership in the association by virtue of owning some of the remaining lots in the subdivision, but control of the association shall be turned over to consumers after the first to occur of the sale of fifty (50%) percent of the lots or the passage of three (3) years from the date of recording of the plat. Provided that if the subdivider intends in good faith to live in the subdivision, the subdivider may reserve a lot for his home and obtain one membership thereon.

 

o. As soon as possible after control of the association has turned over to consumers, the subdivider shall deliver to the association all personal property, together with bills of sale, warranties, and other documents of title involved in the common facilities.

    1. The areas shown on the final plat as open space or common ground not dedicated and accepted by a public agency shall remain as open space or common ground and no structure shall be built upon such open space or common ground unless the structure is otherwise shown on the final plat, and no structure shown on the final plat may be enlarged without the prior written approval of the City Council and without the structure or addition being built according to the codes and ordinances of the City of Sycamore. The subdivider shall record documents containing covenants running with the land covering these requirements.

q. The City of Sycamore shall have the standing and authority to enforce the provisions of this Section against the association or others in lawful control of the areas subject to this Section, to ensure compliance with the laws of the City of Sycamore.

r. The subdivider shall record all necessary documents to indicate that the provisions of this Section shall constitute a covenant running with the land.

s. The provisions of this Section are separable and the invalidating of any part of this ordinance shall not affect the validity of the rest of this ordinance.

    1. Any person, firm, or corporation violating any provision of this Section shall be fined not less than five dollars and not more than five hundred dollars for each offense, and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
    2. In the case of a condominium development, a unit owner’s association shall be established in accordance with 765 ILCS 605/1 et. seq. A formal declaration (condominium bylaws), establishing covenants, conditions, restrictions, easements, etc. shall be filed simultaneously with the final plat in addition to the trust indentures.
    3. In the event of the failure of the owners-in-common to maintain common grounds (including, but not limited to, storm drainage control facilities) or as an alternative to trustee/association maintenance of such grounds, the City may establish a special service area. After holding a public hearing and receiving City Council approval by Ordinance, the City may provide specific maintenance to common grounds that are in addition to the municipal services provided to the City of Sycamore as a whole. The cost of said services shall be paid by the property owners within the established special service area boundaries based upon an annual tax on the equalized assessed value of real property in an amount sufficient to cover the City’s expense. Said taxes shall be in addition to all other taxes provided by law and shall be levied pursuant to the provisions of the Revenue Act of 1939. The Special Service Area may be enacted after approval and recording of the final plat. The covenants recorded with the final plat shall contain a provision waiving the right of any lot owner to object to the establishment or level of assessment for a special service area.
    4.  

    5. The subdivider shall provide each purchaser of a lot or parcel a disclosure statement outlining the provisions of this Ordinance.

x. In the event that the City ever agrees to accept streets within a subdivision that were constructed as private streets, then the association shall be assessed and shall pay one hundred (100%) percent of the costs of all improvements necessary to bring those streets to the then existing standards for public streets. This requirement shall also be included in the covenants establishing the homeowners’ association.

13.11 Fees. The City Council shall establish a schedule of fees, charges and expenses for zoning certificates, occupancy certificates, sign permits, appeals, applications for amendments or special use, and other matters pertaining to this ordinance. The schedule of fees shall be posted in the office of the City Clerk and may be altered or amended only by the City Council.

 

    1. Violation, Penalty, Enforcement. Any person, firm or corporation, who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this ordinance shall, upon conviction, be fined not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation exists after notification thereof shall constitute a separate offense.

13.13 When Effective. This ordinance shall be in full force and effect immediately after passage, approval, and publication in book form according to law.

Adopted by the City Council of the City of Sycamore, Illinois on the 2nd day of January, 2001.

_________________________________

James S. Edwards, Mayor

Attest:

_________________________________

Nancy S. Marchiando, City Clerk