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Chapter 28; Zoning RegulationsARLINGTON HEIGHTS MUNICIPAL CODE REVISED 07/15/19 CHAPTER 28 ZONING REGULATIONS Section 28-1 Title Section 28-2 Intent and Purpose Section 28-3 Definitions Section 28-4 Rules Section 28-5 Use Districts 5.1 Establishment of Zones 5.1-0 One Family Dwelling District (R-E) 5.1-1 One Family Dwelling District (R-1) 5.1-2 One Family Dwelling District (R-2) 5.1-3 One Family Dwelling District (R-3) 5.1-4 Two Family Dwelling District (R-4) 5.1-5 Multiple Family Dwelling Districts (R-5) 5.1-6 Multiple Family Dwelling District (R-6) 5.1-7 Multiple Family Dwelling District (R-7) 5.1-8 Institutional District (I) 5.1-9 Office Transitional (O-T) 5.1-10 Business District Limited Retail (B-1) 5.1-11 General Business District (B-2) 5.1-12 General Service, Wholesale and Motor Vehicle District (B-3) 5.1-13 Limited Service District (B-4) 5.1-14 Downtown District (B-5) 5.1-15 Research, Development, and Light Manufacturing District (M-1) 5.1-16 Limited Heavy Manufacturing District (M-2) 5.1-17 Public Land District (P-L) 5.1-18 Overlay Zoning District – Council Trail/Arlington Heights Road 5.1-19 Overlay Zoning District – Euclid Avenue-Rohlwing Road 5.1-20 Overlay Zoning District – Hickory Kensington Area 5.1-21 Overlay Zoning District – South Arlington Heights Road 5.1-22 Outdoor Eating Cafes on Private Property 5.1-23 Outdoor Eating Cafes on Public Property 5.1-24 Outdoor Sale of Christmas Trees in a Residential District 5.1-25 Administrative Occupancy Requirement for Community Residence, Large (5 to 8 persons) 5.2 Minimum Areas for Zoning Districts 5.3 Development Standards 5.3-1 Minimum Lot Size and Minimum Lot Width 5.3-2 Table of Floor Area Ratio, Building Coverage, Height 5.3-3 Maximum Floor Area Calculation for One-Family Dwelling Districts 5.4 Table of Required Minimum Yards 5.5 Permitted Uses 5.5-1 Permitted Use Table: Residential, Commercial, Manufacturing/Processing, Institutional and Other Uses 5.5-2 Permitted Use Table: Solar Energy Systems Section 28-6 General Provisions 6.1 Interpretation ZONING REGULATIONS 28-2 REVISED 04/16/18 6.2 Scope of Regulations 6.3 Access to Public Street 6.4 Permits 6.5 Accessory Structures 6.6 Bulk Regulations 6.7 Buildings on a Zoning Lot 6.8 Rezoning of Public and Semi-Public Areas 6.9 Enforcement of Development Schedule 6.10 Height of Structures 6.11 Vision Clearance 6.12 Traffic Engineering Approval 6.13 Fence Permit Required 6.14 Non-Commercial Antenna Structures and Earth Stations (Refer to Ch. 23) 6.15 Landscaping 6.16 Home Occupation 6.17-1 Performance Safety and Bulk Regulations for Geothermal Energy Systems 6.17-2 Performance Safety and Bulk Regulations for Geothermal Solar Systems Section 28-7 Non-Conforming Use and Buildings 7.1 Continuation of Non-Conforming Uses and Building 7.2 Change of Non-Conforming Use 7.3 Discontinuance of Non-Conforming Use 7.4 Enlargements of Non-Conforming Uses and Buildings 7.5 Repairs and Alterations of Non-Conforming Uses and Buildings and Structures 7.6 Damage or Destruction 7.7 Moving 7.8 Termination of Non-Conforming Uses, Buildings, and Structure Section 28-8 Special Uses 8.1 Purpose 8.2 Authority 8.3 Conditions and Approval 8.4 Procedure 8.5 Determination 8.6 Ordinance Required 8.7 Special Use Waiver for Restaurants Section 28-9 Planned Unit Development 9.1 Intent 9.2 Qualifications Required for a Planned Unit Development 9.3 General Requirements for Planned Unit Developments 9.4 Requirements for Planned Unit Developments Using Private Roadways 9.5 Variations 9.6 Procedures for Approving of Planned Unit Development 9.7 Conceptual Planned Unit Development Submission and Review 9.8 Submission for Planned Unit Development Approval 9.9 Review of the Plan Material 9.10 Public Hearing before the Plan Commission 9.11 Approval of Planned Unit Development Ordinance 9.12 Enforcement of Development Schedule 9.13 Permit Requirements for Planned Unit Developments ARLINGTON HEIGHTS MUNICIPAL CODE 28-3 REVISED 04/16/18 Section 28-10 Off Street Parking and Loading 10.1 Off-Street Parking and Loading 10.2 Additional Regulations – Parking 10.3 Location of Accessory Off-Street Parking Facilities 10.4 Schedule of Parking Requirements 10.4-1 Residential Uses 10.4-2 Retail – Commercial and Services Uses 10.4-3 Wholesale, Storage & Production 10.4-4 Community Service Uses 10.4-5 Miscellaneous Uses 10.5 Parking in the Downtown District 10.6 Additional Regulations – Off-Street Loading 10.7 Schedule of Loading Requirements 10.8 Schedule of Bicycle Parking Requirements Section 28-11 Zoning Board of Appeals 11.1 Zoning Board of Appeals 11.2 Appeal 11.3 Application 11.4 Departmental Review 11.5 Public Hearing Notification Requirements 11.6 Determination 11.7 Limitation on Requests for Variations Section 28-12 Plan Commission 12.1 Plan Commission 12.2 Land Use Variations 12.3 Application 12.4 Departmental Review 12.5 Public Hearing Notification Requirements 12.6 Determination Section 28-13 Design Commission 13.1 Design Commission 13.2 Design Review 13.3 Application 13.4 Departmental Review 13.5 Design Commission Meeting 13.6 Notice by Sign 13.7 Issuance of a Certificate of Approval 13.8 Enforcement of a Development Schedule 13.9 Amendments 13.10 Appeal Section 28-14 Changes and Amendments 14.1 Requirement for Public Hearing 14.2 Published Notice 14.3 Written Notice 14.4 Notice by Sign 14.5 Certification of Notice 14.6 Protest Against Amendment ZONING REGULATIONS 28-4 REVISED 09/03/02 (Ord. #02-066) Section 28-1 – Title. This Ordinance shall be known, referred to and cited as “The 2002 Comprehensive Amendment of the Zoning Ordinance of the Village of Arlington Heights.” Section 28-2 - Intent and Purpose. This Ordinance is adopted for the following purposes: 2.1 To promote and protect the public health, safety, morals, comfort and general welfare of the people; 2.2 To divide the Village into zones or districts restricting and regulating therein the location, erection, construction, alteration and use of buildi ngs, structures and land for residence, business and manufacturing and other specified uses: 2.3 To protect the character and the stability of the residential, business and manufacturing areas within the Village and to promote the orderly and beneficial development of such areas; 2.4 To provide adequate light, air, privacy and convenience of access to property; 2.5 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; 2.6 To establish building lines and the location of buildings designed for residential, business, manufacturing or other uses within such areas; 2.7 To fix reasonable standards to which buildings or structures shall conform therein; 2.8 To prohibit uses, buildings or structures incompatible with the character of development or intended uses within specified zoning districts; 2.9 To prevent additions to, or alteration or remodeling of, existing buildings or structures in such a way as to avoid the restriction and limitations imposed hereunder; 2.10 To limit congestion in the public streets and protect the public health, safety, convenience and general welfare by providing for the off-street parking of motor vehicles and the loading of commercial vehicles; 2.11 To protect against fire, explosion, noxious fumes and other hazards in the interest of the public health, safety, comfort and general welfare; 2.12 To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district, by regulating the use and bulk of buildings in relation to the land surrounding them; 2.13 To conserve the taxable value of land and buildings throughout the Village; 2.14 To provide for the gradual elimination of non-conforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district; and, ARLINGTON HEIGHTS MUNICIPAL CODE 28-5 REVISED 06/18/18 2.15 To define and limit the powers and duties of the administrative officers and bodies as provided herein. (Ord. #17-027, #18-010, #18-020, #19-030) Section 28-3 Definitions. For the purposes of this Chapter, the following words shall have the meanings set forth in this Section. 1. Accessory Structure. An Accessory Structure is one which meets all of the following criteria: a. Is subordinate to and serves a principal building; and b. Is subordinate in area, extent, or purpose to the principal building served; and c. Contributes to the comfort, convenience or necessity of occupants of the principal building; and d. Is located in the rear yard and on the same zoning lot as the principal building served , except as otherwise indicated in this Code. 2. Acupuncture. A medical practice or procedure that treats illness or provides local anesthesia by the insertion of needles at specified sites on the body. 3. Adult Business. Any or all of the following businesses: a. Adult Bookstore - A business establishment having a substantial or significant portion of its stock in trade, books, magazines, films for sale, rent or other distribution, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to “Specified Sexual Activities” or “Specified Anatomical Areas.” b. Adult Live Entertainment Establishment - A nightclub, theater, or other business establishment, which permits live performances by topless and/or bottomless dancers, go- go dancers, strippers or similar entertainers, where such performances are distinguished or characterized by an emphasis on “Specified Sexual Activities” or “Specified Anatomical Areas.” c. Adult Theater - A business establishment in an enclosed building that as a substantial or significant portion of its business regularly features for presentation films, motion pictures, video or audio cassettes, slides, or other visual representation or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction or description of “Specified Anatomical Areas” or the conduct or simulation of “Specified Sexual Activities.” 4. Alley. A public or private thoroughfare not more than 30 feet wide which affords only a secondary means of access to abutting property. 5. Amusement Facility. A facility that provides indoor activities for kids or adults including video arcades, games or other recreational type amusements such as play equipment, trampolines, laser tag, etc. Large facilities are 5,000 square feet or larger; Small facilities are less than 5,000 square feet. ZONING REGULATIONS 28-6 REVISED 06/18/18 6. Animal Hospital. A place where animals are given medical or surgical treatment and the boarding of animals is limited to short term care incidental to the hospital use. 7. Antenna Structure. Any structure, mast, pole, tripod or tower utilized for the purpose of either transmission or reception purposes, or both: a. A Commercial Antenna is any antenna structure that is intended for transmitting or receiving television, radio or telephone communications, excluding those used exclusively for dispatch communication. b. A Non-Commercial Antenna is any antenna that is used for private radio and/or television reception, for licensed amateur operators, citizens band facilities, and governmental and non- profit organizations. 8. 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 and which includes permanently installed complete kitchen and bathroom facilities in each apartment. 9. Automobile Repair. a. Major Repair is work that is of a significant nature, such as engine rebuilding or major reconditioning of worn or damaged motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; and overall painting of vehicles. b. Minor Repair is work that is not of a significant nature, including incidental repairs, replacement of parts, and motor service to motor vehicles, but not including any operation specified as Major Repair in paragraph a above. 10. Automobile Service Station. Any building or premises used for dispensing, sale or offering for sale at retail to the public, gasoline stored only in underground tanks, kerosene, lubricating oil or grease for the operation of automobiles and including the sale and installation of tires, batteries and other minor accessories and service for automobiles, but not including major automobile repairs; and including washing of automobiles where no production line methods are employed. 11. Awning. A roof like shelter extended over a doorway or window, which is supported entirely from the exterior wall of the building and provides protection from the weather. 12. Basement. A story having all or part of its height below grade. 13. Block. A tract of land bounded by streets or, in lieu of streets, by public parks, cemeteries, railroad rights-of-way, lines of waterways, or a corporate boundary line of the Village. 13-1. Brewery. A place that manufactures beer and is licensed as such by the State of Illinois. 13-2. Brew pub. A restaurant that includes a brewery as an accessory use and is licensed as a brew pub by the State of Illinois. 14. Buildable Area. The space remaining on a zoning lot after the minimum open space requirements of this Code have been complied with. ARLINGTON HEIGHTS MUNICIPAL CODE 28-7 REVISED 06/19/17 15. 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 communicating doors, windows or openings; and which is designed or intended for the shelter, enclosure or protection of persons, animals or chattels. Any structure with interior areas not normally accessible for human use, such as oil tanks, water tanks, and other similar structures, are not considered as buildings. 16. 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 point of the roof in the case of a 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 a building may be measured from the average elevation of the finished lot grade at the front of the building. 17. 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. 18. Building Lot Coverage. The area of a zoning lot occupied by the principal building or buildings and accessory buildings. 19. Bulk. The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks, and sky exposure plane regulations. 20. Business Establishment. A separate place of business having the following three characteristics: a. The ownership and management of all operations conducted within such establishment are separate and distinct from the ownership and management of operations conducted within other establishments on the same or adjacent zoning lots. b. Direct public access to such “business establishment” is separate and distinct from direct access to any other “business establishment.” c. There is no direct public access from within such establishment to any other such establishment. Where adjacent places of business lack any one of the above-listed characteristics with respect to one another, they shall then be considered as a single business establishment for the purposes of this Chapter. 21. Camper Trailer (Pop-up). A partially collapsible structure designed to provide temporary living quarters primarily for recreational use, constructed with integral wheels to make it mobile and/or towable by motor vehicle. 22. Canopy. A structure other than an awning with a frame, which is wholly or partially supported by columns, poles or braces extending from the ground. ZONING REGULATIONS 28-8 REVISED 06/19/17 23. Care Facility. A facility providing care to individuals. There are three primary types of care facilities: a. Ambulatory - A facility which provides care to individuals without hospitalization or other institutionalization. b. Extended Care or Skilled Nursing Home - A facility or part of a facility which is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients. c. Intermediate - A facility which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide but who, because of their mental or physical condition, require care and services which can be made available to them only through institutional facilities such as these. 24. Catering Establishments. A facility whose primary purpose is to provide food, generally in large quantities, for banquets or for special events which are held off the premises not including a carry-out restaurant or a sit-down restaurant. 25. Commercial Recreation Facilities. Physical recreation establishments such as tennis or racquet clubs or gymnasiums or fitness facilities. 26. Commercial School. A school which principally offers, for profit, specific courses of instruction in business, trade, industry or other trained skills, but does not offer academic instruction equivalent to the standards prescribed by the School Code of Illinois. 27. Community Center. A building for recreational, educational, or entertainment purposes. 28. Community Residence. A group home or specialized residential care home serving persons with disabilities which is licensed, certified, or accredited by appropriate local, state or national bodies. A Community Residence is deemed Small when the number of unrelated disabled persons living in the residence is less than five and deemed Large when the number of unrelated disabled persons living in the residence is between five and eight. Community Residence does not include a residence which serves persons as an alternative to incarceration for a criminal offense, or persons whose primary reason is substance abuse. 29. Conference Room/Meeting Hall. A facility with space available for lease by private parties primarily for meetings. 30. Construction Yard. An establishment with space used for bulk storage of landscape and building material, heavy construction equipment and machinery, and which may include the provision of services, the fabrication of building related products, the operating of machinery, and the construction yard’s business office. 31. Contractor’s Design Showroom. A room or group of rooms used for conducting administrative, clerical and general office affairs, which includes a design showroom but does not include on-site storage of contractor’s vehicles, equipment and materials. ARLINGTON HEIGHTS MUNICIPAL CODE 28-9 REVISED 09/03/19 32. Contractor’s Office. A room or group of rooms used for conducting administrative, clerical and general office affairs but not including design showrooms or any on-site storage of contractor’s vehicles, equipment and materials. 33. Contractor’s Shop. An establishment used for conducting administrative, clerical and general office (business) affairs, indoor repair, maintenance and/or storage of a contractor’s vehicles, equipment and materials, and may include the contractor’s business office and may include a design showroom. 34. Convenience Store. A small retail establishment solely for the purpose of selling food, tobacco, periodicals, beverages, and other household items, in limited size and produce choices with the intent of quick service. Reheating and/or selling of already prepared/prepackaged food for consumption off the premises does not make a Convenience Store a restaurant. 35. Court. An open area unobstructed from the ground to the sky. An Inner Court is bounded on more than three sides by the exterior walls of one or more buildings. An Outer Court is bounded on not more than three sides by the exterior walls of one or more buildings. 36. 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”. 37. Day Care Center. Any institution or place in which are received three or more children, apart from their parents or guardian, under the age of six years, for care during part or all of a day between 6:00 A.M. and 9:00 P.M. The term is further construed to include similar units operating under any other name whatsoever with or without stated educational purposes. This definition does not include “Group Care Home”, “Group Day Care Home”, “Foster Family Home”, “Centers for Mental Retarded”, licensed by the State of Illinois, bona fide kindergartens or “Day Nursery Schools”, established in connection with grade schools supervised or operated by a private or public Board of Education or approved by the State Department of Public Instruction. 38. Day Care Facility. Any facility operated for the purpose of providing care, protection and guidance to more than eight adults during only part of a 24-hour day. This term excludes public and private educational facilities or any facility offering care to i ndividuals for a full 24-hour period. 39. Day Care Home. A Day Care Home means a family home which receives more than three up to a maximum of 12 children for less than 24 hours per day. The number counted includes the family's natural or adopted children and all other persons under the age of 12. The term does not include facilities which receive only children from a single household. 40. Deck. A raised platform over 16” above grade directly attached to the principal building. The height of any deck shall not exceed the height of the first full story above grade. 41. Dormitory. A building or portion thereof, which contains living quarters for students, staff or members of an accredited college, university, boarding school, theological school, hospital, religious order or comparable organization; provided that the building is owned and managed by ZONING REGULATIONS 28-10 REVISED 06/19/17 the organization and contains common cooking and eating areas. 42. Drive-Through Facility. A facility, establishment, or portion thereof, such as a bank or restaurant, that is designed, intended or used for transacting business with customers who remain in their vehicles. 43. Driveway. A private motor vehicle access way between the roadway and a parking area within a lot. A Shared Driveway is a private roadway providing access from a street to two or more dwellings on the same lot. 44. Dwelling. A building or portion thereof, 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 or motels. Kitchens and bathrooms must be permanently installed. An Attached Dwelling is one which is joined to another dwelling or dwellings at one or more sides by a party wall or walls and designed exclusively for the occupancy by one family. A Detached Dwelling is one which is entirely surrounded by open space on the same lot designed exclusively for occupancy by one family. There may be One-Family Dwellings, Two Family Dwellings or Multiple-Family Dwellings. A Multiple Family Dwelling consists of a building or portion thereof designed or altered for occupancy by three or more families living in individual apartments with separate kitchen and bath facilities for each apartment. 45. Dwelling Unit. One or more rooms in a dwelling designed for occupancy by one family for living purposes and having its own permanently installed cooking and sanitary facilities. An Efficiency Dwelling Unit is one which consists of not more than one habitable room together with kitchen or kitchenette and sanitary facilities. 46. Earth Station. Any disc antenna with an essentially solid surface, whether flat, concave, or parabolic, which is designed for receiving television, radio, or data microwave signals from satellites. There are two kinds of Earth Stations: a. Commercial Earth Station is any earth station used in conjunction with communication facilities for use in commerce or industry. b. Non-Commercial Earth Station is any earth station used for private radio and television reception only. 47. Floor Area (For determining off-street parking and loading requirements). The sum of the gross horizontal areas of the several floors of the building, or portion thereof, devoted to such use, measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings. 48. Floor Area (For determining compliance with dwelling standards). The floor area shall be measured from the interior walls, excluding utility rooms, cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods of living, eating or sleeping purposes. Enclosed spaces intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor area. 49. Floor Area Ratio (F.A.R.). The total floor area of the building or buildings on that zoning lot divided by the area of such zoning lot, or in the case of planned unit developments, by the net site area. F.A.R. is measured from the exterior faces of the exterior walls or from the centerline of walls separating buildings. ARLINGTON HEIGHTS MUNICIPAL CODE 28-11 REVISED 06/19/17 For determining floor area ratio, the floor area of a building is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The “ Floor Area” of a building shall include basement floor area when more than one-half of the basement height is above the established curb level or above the finished lot grade level where curb level has not been established; that floor area of attached and/or detached garage in excess of 400 square feet for a single family residential unit; elevator shafts and stairwells at each floor; floor space used for mechanical equipment, open or enclosed, located on the roof; penthouses; attic or volume space having headroom of seven feet or more; interior balconies and mezzanines; and enclosed porches, and floor area devoted to accessory uses. However, any space, except a single-family attached or detached garage, that is devoted to off-street parking or loading shall not be included in “Floor Area.” In determining the floor area ratio for lots having detached garages, 100% of the total floor area of the detached garage shall be excluded from the FAR calculation if there are no other garages on site, if the structure is architecturally compatible with the principal dwelling unit, and if 50% or more of the existing homes that both front on the same side of the street and are contained between two adjacent streets which intersect that street also have detached garages. 50. Food Store. A place of business where food such as meats, dairy products, frozen foods, produce, and dry goods are sold for retail trade. 51. Foot Massage. A place of business which provides any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating the external soft parts of the foot, ankle and lower leg below the knee only, to be performed in an open space as opposed to individual rooms. 52. Frontage. All the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead -ended, then all property abutting on one side between an intersecting street and the dead-end of the street. 53. Garage. A building or structure or part thereof used or intended to be used for the parking and storage of vehicles. 54. Garage, Private Customer and Employee. A structure (above or below ground) which is accessory to a commercial, institutional or manufacturing establishment, building or use utilized for the parking and storage of vehicles operated by the customers, visitors, and employees of such building. 55. Garden Center. A place of business where plants, nursery products, fertilizers, potting soil, tools, and garden utensils are sold to the customer. 56. Gazebo or Pergola. An accessory building that is a detached, covered, freestanding, open air structure. 57. Geothermal Energy System. A renewable energy system using equipment that circulates relatively constant ground temperatures throughout buildings using an underground based piping system and a heat pump. 58. Grade. The degree of rise or descent of a sloping surface. ZONING REGULATIONS 28-12 REVISED 06/19/17 a. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. b. For buildings having walls adjoining more than one street, the average of t he elevation of the sidewalk at the center of all walls adjoining street. c. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line shall be considered as adjoining the street. Where no sidewalk exists, the grade shall be established by the Village Engineer. 59. Health Clubs. A facility designed for the major purpose of physical fitness or weight reducing which includes, but is not limited to, such equipment as weight resistance machines, whirlpools, saunas, showers, and lockers. This shall not include municipal or privately owned recreation buildings. 60. Home Occupation. A use of a dwelling unit carried on by members of the immediate family residing on the premises. 61. Hospital/Health Care Facility. An institution providing primary health services and medical or surgical care to persons, primarily as in-patients suffering from illness, disease, injury, and other physical or mental conditions and including as an integral part of the institution, related facilities such as laboratories, out-patient facilities or training facilities. 62. Hotel. A building primarily designed for transient occupancy containing lodging rooms or suites accessible from a common hall or entrance, providing living, sleeping and bathroom facilities. A central kitchen, meeting rooms, dining rooms and recreation rooms may also be provided. 63. Impervious Surface Coverage. Any hard-surfaced, man-made area that does not readily absorb or retain water, including but not limited to buildings, patios, paved parking and driveway areas, walkways, sidewalks and paved recreation areas (e.g. basketball court, tennis court, swimming pool). 64. Incidental Use. A use which is associated with and subordinate to the principal permitted use. 65. Kennel. Any lot or premises or portion thereof on which more than four dogs, cats, and other household domestic animals, over four months of age, are kept, or on which more than two such animals are boarded for compensation or kept for sale. 66. Lodging Room. A room rented in a facility having three or more rented rooms as sleeping and living quarters, but without cooking facilities and which may have individual bathrooms. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one “lodging room” for the purposes of this Code. 67. Lot. A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit. The following are the ARLINGTON HEIGHTS MUNICIPAL CODE 28-13 REVISED 06/19/17 different types of lots: a. Corner Lot. A parcel of land situated at the intersection of two or more streets or adjoining a curved street at the end of a block. b. Reversed Corner Lot. A corner lot, the rear of which abuts upon the side of another lot. c. Double Frontage Lot. A lot having frontage on two non-intersecting streets. d. Flag Lot. A substandard lot of record that does not have its full “frontage” abutting a street. The lot width shall be measured at the required setback line for the building. e. Interior Lot. A lot other than a corner or reversed corner lot. f. Substandard Lot of Record. Any lot lawfully existing at the time of adoption or amendment of this Zoning Code that is not in conformance with the dimensional and/or area provisions of this Zoning Code. g. Through Lot. A lot having frontage on two parallel or approximately parallel streets but which is not a corner lot. h. Zoning Lot. A tract of land which is designated or required as a tract to be used to attain compliance with the regulations of the zoning district in which it is located, or developed or built upon as a unit, under single ownership or control. A “zoning lot” may or may not coincide with a lot of record. 68. Lot Area. The area bounded by the lot lines, the right-of-way line of any street adjoining the lot, and the centerline of the right-of-way of any private access road adjoining the lot. For the purpose of determining the lot area per dwelling unit, the total lot area shall be measured with the exclusion of land in the public or private streets right-of-way and land dedicated for park or school purposes. 69. Lot Depth. The mean horizontal distance between the front and rear lot lines measured within the lot boundaries. 70. Lot Frontage. The frontage of a lot shall be that boundary of a lot along a public street excluding lot access areas. 71. Lot Width. The horizontal distance between the side lot lines measured at right angles to the lot depth at the established front building line. 72. Manufacturing. The mechanical or chemical transformation of materials or substances into new products including the assembling of components, parts, the manufacturing of products and the blending of materials. 73. Marquee or Canopy. A roof-like structure of a permanent nature that projects from the wall of a building and overhangs the public way. 74. Massage/Accu-Pressure Establishment. A place of business which provides any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or ZONING REGULATIONS 28-14 REVISED 06/18/18 stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments, or other similar preparations used in this practice, under such circumstance that it is reasonably expected that the person to whom treatment is provided, or some third party on such person’s behalf, will pay money or give other consideration or any gratuity therefore. 74-1. Microbrewery. A brewery that produces no more than 930,000 gallons of beer per year and which is licensed as a Class 1 brewer by the State of Illinois. 75. Motel. A building or buildings designed for transient occupancy containing lodging rooms or suites accessible through a common hall or separate outside entrances, providing living, sleeping, and bathroom facilities. No room shall be equipped with kitchen facilities. 76. Motor Home. A portable dwelling designed and constructed as an integral part of a self- propelled vehicle. 77. Nameplate. A sign indicating the name and/or address of a building, or the name of an occupant thereof and/or the practice of a permitted occupation therein. 78. Non-Conforming Building. A building or structure, or portion thereof, lawfully existing at the time of the adoption of this Code, which was designed, erected or structurally altered for a use that does not conform to the use regulations of the district in which it is located. 79. Non-Conforming Use. A use which lawfully occupied a building or land at the time of adoption of this Code but which no longer conforms with the use regulations or the district in which it is located. 80. Nursing Home. An extended or intermediate care facility licensed or approved to provide full- time convalescent or chronic care to individuals who by reason of advanced age, chronic illness or infirmity are unable to care for themselves. 81. Medical or Dental Laboratory. A place of business devoted to the testing and analysis for the medical profession or to the preparation of dentures and similar items for dental preparation. 82. Off-Street Loading Space. 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 trucks, tractors and trailers to avoid undue interference with the public use of streets and alleys. 83. Office, Medical or Dental. The office of a member of the medical or dental profession requiring licensing by the State and maintenance of professional standards applicable to the field for which services are provided on an out-patient basis. 84. Office, Non-Medical and Non-Dental. A use or structure other than a medical use where business or professional activities are conducted and/or business or professional services are made available to the public, including, but not limited to, tax preparation, accounting, architecture, legal services, real estate and securities brokering, and professional consulting services. “Office” shall not include any use that is otherwise listed specifically in a zoning district as a permitted or special use. 85. Overlay Zoning District. An overlay-zoning district is a mapped area with restrictions ARLINGTON HEIGHTS MUNICIPAL CODE 28-15 REVISED 06/18/18 beyond those in the underlying zoning. An overlay district is used to achieve planning objectives, which may not be achieved through the underlying zoning. Where conflicts arise between the overlay district and the underlying zoning, the overlay district restrictions apply. 86. Parcel Delivery and Pick-Up Service. An establishment where parcels, not exceeding 120 inches in length or girth and not exceeding 125 pounds, are being received for the shipment and delivery to other destinations or are available for pick- up after arriving from other locations. 87. Parking Area. An open or covered, hard-surfaced area, other than street, alley or public right- of-way, used for the parking of vehicles. a. A Private Parking Area is for private vehicles only, of occupants of the building or buildings for which the parking area is developed and is accessory. b. A Public Parking Area is for the storage of vehicles of occupants of the building or buildings for which the parking area is developed and is accessory. 88. Patio. A level landscaped and/or surfaced area. 89. Pawn Shop/Cash Converter Facility. A building or use, the principal purpose of which is the lending of money on deposit or pledge of personal property, or dealing in the purchase of personal property on condition of selling the same back at a stipulated price. 90. Personal Trainer. A physical fitness trainer who provides individual fitness counseling. 91. Pervious Surface. A surface that presents an opportunity for precipitation to infiltrate into the ground. 92. Pet Grooming Establishments. Any place or establishment, public or private, where animals are bathed, clipped, or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. 93. Pet Shops and Supply Stores. A retail sales establishment primarily involved in the sale of domestic animals, such as dogs, cats fish, birds, reptiles, and related pet supplies, but excluding exotic animals and farm animals such as horses, goats, sheep and poultry. 94. Physical Rehabilitation Center. A facility licensed by the State of Illinois providing treatment on an out-patient basis to remove or reduce the risk of injury, impairment, functional limitation or disability, including the promotion and maintenance of fitness, health and wellness through a rehabilitation plan of therapeutic intervention. 95. Pickup Camper. A structure designed for recreational use, designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling. 96. Playhouse. A freestanding structure, with a maximum height not to exceed 12 feet in a side yard and 15 feet in a rear yard. 97. Porch. A covered protection from a wall of a building that may or may not use columns or other ground supports for structural purposes and which is primarily used to provide an extension ZONING REGULATIONS 28-16 REVISED 06/19/17 of the living area. 98. Portico. A roofed structure projecting from the building which has no enclosures of any kind and which has an entry surfaced area that does not exceed eight feet in width and does not extend more than four feet out from the building. 99. Principal Building. A building in which the residence or permitted primary use of the lot is conducted. 100. Principal Use. The main use of land or buildings, as distinguished from a subordinate or accessory use, to which premises are devoted comprising at least 80% of the floor area and the primary purpose for the premises. 101. Private Roadway. The paved area, exclusive of sidewalks, driveways or related uses, on private property, used or intended to be used for circulation, passage or travel of motor vehicles from a street to two or more adjacent parcels. 102. Public Utility. Any person, firm, corporation or municipal department duly authorized to furnish, under public regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation, cable television, water, and other data transmission services. 103. Railroad Right-of-Way. A strip of land with tracks and auxiliary facilities for tr ack operation, but not including depots, loading platforms, stations, train sheds, warehouses, car shops, car yards, locomotive shops or water towers. 104. Research Laboratory. A place devoted to experimental study such as testing and analyzing but which does not include manufacturing, assembly or packaging of products. 105. Repair, Major. Includes any action which fixes, mends, or restores products other than motor vehicles: a. Major Repair is repair of products such as furniture, refrigerators, or similar products which generally require storage yards or storage area b. Minor Repair is repair of products such as shoes, watches, jewelry, and electronics 106. Restaurant. Any building or part thereof where food is cooked or prepared for compensation, for the general public and for immediate consumption on or off the premises. 107. Restaurant-Amusement Device Arcade. An establishment primarily devoted to the sale of food and beverage and partially devoted to the use of more than ten coin -operated amusement devices. 108. School. An institution conducting regular academic instruction at the kindergarten, elementary, middle school and high school levels. a. Public School. A public institution which offers general academic instruction equivalent to the standards prescribed by the School Code of Illinois. b. Private School. A non-public institution which offers programs accepted by the State of ARLINGTON HEIGHTS MUNICIPAL CODE 28-17 REVISED 06/19/17 Illinois in lieu of public instruction. 109. Salon. Any establishment where cosmetology services are provided including hair care, nail care, and skin care on a regular basis for compensation. 110. Seating Area. Areas used to consume food or beverages on the customer side and which provide access to areas such as buffets, bars, or serving tables. 111. Sheltered Care. An establishment licensed to provide assistance, supervision or oversight to residents, usually short term. A sheltered care home may not provide skilled or intermediate nursing services nor care for those cases for which hospitalization is generally required. 112. Solar Energy System. A renewable energy system consisting of a collection of parts including any base, mounts, tower, solar collectors and accessory equipment such as utility interconnections and solar storage batteries in such a configuration as necessary to convert solar radiation into thermal or electrical energy. There are three types of Solar Energy Systems: a. Roof Mounted. A renewable energy system consisting of equipment installed on the roof of a principal or accessory building located between the eave and ridge used for the conversion of sunlight into a usable form of electrical energy or to heat water. b. Wall Mounted. A renewable energy system consisting of equipment installed on a wall of a principal or accessory building below the eave, or where there is a flat roof the space below the top of a parapet, used for the conversion of sunlight into a usable form of electrical energy or to heat water. c. Ground Based. A renewable energy system consisting of equipment used for the conversion of sunlight into a usable form of electrical energy placed on the ground of a zoning lot and which is not attached to any principal or accessory building. 113. Storage Facility. A place where goods, materials, or personal property is placed and kept for more than 24-consecutive hours. 114. Story. That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. Any portion of a story exceeding 14 in height shall be considered as an additional story for each 14 or fraction thereof. 115. Story, Half. 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 such story. In the case of one-family dwellings, two-family dwellings and multiple-family dwellings less than three stories in height, a half story in a sloping roof shall not be counted as a story for the purposes of this Code. In the case of multiple-family dwellings three or more stories in height, a half story shall be counted as a story. 116. 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 freestanding wall, television antenna towers, earth stations, or other devices receiving electronic signals. A sign, billboard or other advertising medium, detached or projecting, shall be construed to be a structure. ZONING REGULATIONS 28-18 REVISED 06/19/17 117. Structural Alterations. Any change except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances. 118. Travel Trailer. A rigid, non-collapsible structure designed to provide temporary living quarters primarily for recreational use, constructed with integral wheels to make it mobile land/or towable by a motor vehicle. 119. Tree House. An accessory structure which utilizes one or more trees for structural support and/or incorporates the tree into the design. 120. Used Car Lot. A zoning lot on which used cars are displayed for sale or trade. 121. Vehicle. Any device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. a. Commercial Vehicle. Any type of vehicle used or maintained for commercial purposes, primarily to transport material or operate a power attachment or tool, such as a snowplow or any vehicle containing cargo for commercial purposes. For purposes of this Chapter, any vehicle with advertising or a business designation affixed to it shall be considered a commercial vehicle. b. Recreational Vehicle (RV). An RV shall include, but not be limited to, camper trailer (pop-up), motor home, off-road vehicle, open trailer, pickup camper, snowmobile, travel trailer and water craft. 122. Trailer. Any motorized or non-motorized vehicle intended to carry or store a recreational vehicle. An open trailer or a trailer not carrying or storing an RV shall be considered an RV for the purposes of this Code. 123. Window Wells. A space maintained between a below grade window and the surrounding soil. The window well provides drainage or air or light around the window and in some cases, an egress route from the structure. 124. 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 in this Code, 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. The following are the specific definitions for each type of yard: a. Exterior Side Yard. That part of the yard on a corner lot, lying between the exterior side lot line and the nearest line of the principal building and extending from the front yard (or from the front lot line, if there is no required front yard) to the rear yard (or from the rear lot line, if there is no required rear yard). On a corner lot, the larger of the two lot dimensions adjacent to the street shall be considered the exterior side yard. b. Front Yard. A yard extending across the full width of the zoning lot and lying between the lot line which fronts on a street and the nearest line of the principal building. On a ARLINGTON HEIGHTS MUNICIPAL CODE 28-19 REVISED 06/19/17 corner lot, the smaller of the two dimensions adjacent to a street shall be considered the front yard. c. Rear Yard. A yard extending across the full width of the zoning lot and lying between the rear line of the lot and the nearest line of the principal building. d. Side Yard. That part of the yard lying between the nearest line of the principal building and a side lot line, and extending from the front yard (or from the front lot line, if there is no front yard) to the required rear yard (or from the rear lot line, if there is no required rear yard). Section 28-4–Rules. In the construction of this Code, the rules contained in this Section shall be observed and applied, except when the context clearly indicates otherwise: 4.1 Rules. 4.1-1 Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural, the singular. 4.1-2 The word “shall” is mandatory and not discretionary. 4.1-3 The word “may” is permissive. 4.1-4 The word “lot” shall include the words “plot”, “piece”, and “parcel”; the word “building” includes all other structures of every kind regardless of similarity to buildings; and the phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for”. 4.1-5 Whenever a word or term defined hereinafter appears in the text of this Code, its meaning shall be construed as set forth in the definition thereof. 4.2 Zoning Maps. The boundaries of the Districts are shown upon the map, which is hereto attached and made a part of this Chapter, which map is designated as “Zoning Map”. The Zoning Map and all the notations, references and other information shown thereon are a part of this Chapter and have the same force and effect as if the Zoning Map and all the notations, references and other information shown thereon are a part of this Chapter and have the same force and effect as if the Zoning Map and all the notations, references, and other information shown thereon were all fully set forth or described herein, the original of which Zoning Map is proposed, attested and is on file in the office of the Village Clerk of the Village of Arlington Heights, Illinois. 4.3 New or Annexed Land. All territory which may hereafter be annexed to the Village of Arlington Heights shall be classified in the R-1 one-family dwelling district except if said land has previously been subdivided in lots of area or dimension less than that required in the R -1 district, in which event said land shall be classified in the R-3 one-family dwelling district. Said zoning classification or annexation may be changed by ordinance after public hearing as set forth in Section 4.3-1. 4.3-1 In the event owners of property sought to be annexed desire a zoning classification other than “R-1" a petition shall be submitted for the zoning classification desired simultaneously with ZONING REGULATIONS 28-20 REVISED 04/16/18 petition for the annexation. The Board of Trustees shall refer said petition for zoning classification to the Plan Commission for proceedings to be held by the same in the manner and form as provided in Section 12 of this Chapter. Action on the petition for annexation shall be deferred until action is taken by the Board of Trustees on the recommendation of the Plan Commission. 4.3-2 Any area proposed for annexation to the present corporate limits of the Village shall be accompanied by a petition for the annexation of the same territory to the Arlington Heights Park District, unless the territory is already entirely within said Park District. 4.4 Zoning of Streets, Alleys, Public Ways, and Railroad Rights-of-Way. All streets, alleys, public-ways, and railroad rights-of-way; if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting upon such alleys, streets, public-ways and railroad rights-of-way. Where the centerline of a street, alley, public-way 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. 4.5 Boundary Lines. Wherever any uncertainty exists as to the boundary line of any use district as shown on the zoning maps incorporated herein, the following rules shall apply: 4.5-1 Where district boundary lines are indicated as following streets, alleys, or similar rights-of- way, they shall be construed as following the centerlines thereof. In the case of two parallel and abutting streets, alleys, public-ways, or similar rights-of-way, the center of the same, as combined, shall constitute the district boundary lines, except in the case of the center line of the right-of-way of the Chicago and North Western Railroad, which such center line shall divide the use classification districts just immediately to the north and south of the center line of the railroad right-of-way, irrespective of intervening parallel and abutting public-ways as Northwest Highway. 4.5-2 Where district boundary lines are indicated as approximately following lot lines, such lot lines shall be construed to be such boundaries. 4.5-3 Where a lot held in one ownership and of record at the effective date of this Chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided that this construction shall not apply if it increases the area of the less restricted portion of the lot by more than twenty percent. (Ord. #18-010, #18-034) Section 28-5 - Use Districts. In order to carry out the purposes and provisions of this Chapter, the Village is divided into several districts. 5.1 One Family Dwelling Districts: R-E, R-1, R-2, and R-3. The purpose of the One Family Dwelling Districts is to provide for residential developments of predominantly single-family homes. These Districts should preserve the value of land and protect homes from adverse living conditions. 5.1-0 One Family Dwelling District: R-E 5.1-0.1 Minimum Lot Size and Minimum Lot Width at Building Line: ARLINGTON HEIGHTS MUNICIPAL CODE 28-21 REVISED 04/16/18 Minimum Lot Size Minimum Lot Width at Building Line Standard or Corner 15,000-19,999 sq. feet 90 feet Standard or Corner 20,000-29,999 sq. feet 100 feet Standard or Corner 30,000-less than one acre 125 feet Standard or Corner one acre or more 150 feet Churches, Convents and Monasteries up to 29,999 sq. feet 100 feet Churches, Convents and Monasteries 30,000 sq. feet-less than one acre 125 feet Churches, Convents and Monasteries one acre or more 150 feet a. 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 prior to December 21, 1959, they shall be maintained and used as one zoning lot for such use. b. Any single lot or parcel of land, held in one ownership prior to October 4, 1955 which was of record as of March 15, 2004, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open space are not less than 75% of the minimum required dimensions of areas. c. Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, minimum lot widths as set forth above shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street. Such lots shall also be laid out so that their frontage length, as measured on the arc of such right-of-way line is not less than 50% of the required lot width measured at the building setback line. Refer to Chapter 29 of the Municipal Code for further information regarding layout and design of lots. 5.1-0.2 Required Minimum Yards. a. Front Yard: 40 feet except that in all residential districts where lots comprising 40% or more of the frontage between two intersecting streets are developed with building having front yards of more than 15 feet in depth, the average of such front yards shall establish the minimum front yards for the entire frontage. A front yard shall not be required to be more than 50 feet. A minimum front yard of 15 feet shall be required on all lots. b. Side Yard: 10% of lot width. The combined total for interior lots shall not be less than 20 feet. c. Exterior Side Yard: In all residential districts where lots comprising 40% or more of the frontage between two intersection streets are developed with buildings having a yard of more than 10 feet in depth adjacent to the street, the average of such yards shall establish the minimum exterior side yard for the entire frontage. A minimum exterior side yard of 10%, with a minimum of 10 feet, shall be required for all lots. In no case, shall an exterior side yard of more than 50 feet be required. d. Rear Yard: 30 feet. 5.1-0.3 Maximum Floor Area Ratio. ZONING REGULATIONS 28-22 REVISED 04/16/18 a. For Single Family Uses: 1. Lots up to 8,750 sq. feet = LA x 0.35 2. Lots over 8,750 sq. feet up to 20,000 sq. feet = 3062 + [(LA – 8750) x 0.26] 3. Lots over 20,000 sq. feet = LA x 0.30 b. For all other uses: 30% 5.1-0.4 Maximum Building Lot Coverage and Maximum Impervious Surface Coverage. 30% a. Maximum Permitted Building Lot Coverage is 30%. b. Maximum Impervious Surface Coverage - this applies to single family dwellings only: 1. Lots less than or equal to 6,600 sq. feet in area: Total Lot Maximum of 55%. As part of that 55%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. 2. Lots Greater than 6,600 sq. feet in area: Total Lot Maximum of 50%. As part of that 50%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. c. Existing Impervious Surface Exception: Existing non-conforming residential lots needing to repair or replace essential elements only, such as driveways, walkways to home and patios, may receive an administrative exception from the Director of Building from the impervious surface coverage maximum. An administrative exception shall only be permitted if: 1. Replacement of deteriorated essential elements the exact same dimension as existed at the adoption of this Ordinance; and 2. Modification of these areas is not practical or feasible; and 3. Such exception shall not be detrimental to public health, safety and welfare. 5.1-0.5 Maximum Height: 25 feet and 2-1/2 stories, except for churches – maximum height is 75 feet for towers and steeples but not more than 45 feet for main structures. 5.1-1 One Family Dwelling District: R-1 5.1-1.1 Minimum Lot Size and Minimum Lot Width at Building Line: Minimum Lot Size Minimum Lot Width at Building Line Standard or Corner 15,000-19,999 sq. feet 90 feet Standard or Corner 20,000-29,999 sq. feet 100 feet Standard or Corner 30,000 sq. feet-less than one acre 125 feet Standard or Corner one acre or more 150 feet Churches, Convents and Monasteries up to 29,999 sq. feet 100 feet Churches, Convents and Monasteries 30,000 sq. feet-less than one acre 125 feet Churches, Convents and Monasteries one acre or more 150 feet ARLINGTON HEIGHTS MUNICIPAL CODE 28-23 REVISED 04/16/18 a. 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 prior to December 21, 1959, they shall be maintained and used as one zoning lot for such use. b. Any single lot or parcel of land, held in one ownership prior to October 4, 1955 which was of record as of March 15, 2004, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open space are not less than 75% of the minimum required dimensions of areas. c. Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, minimum lot widths as set forth above shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street. Such lots shall also be laid out so that their frontage length, as measured on the arc of such right-of-way line is not less than 50% of the required lot width measured at the building setback line. Refer to Chapter 29 of the Municipal Code for further information regarding layout and design of lots. 5.1-1.2 Required Minimum Yards. a. Front Yard: 40 feet except that in all residential districts where lots comprising 40% or more of the frontage between two intersecting streets are developed with building having front yards of more than 15 feet in depth, the average of such front yards shall establish the minimum front yards for the entire frontage. A front yard shall not be required to be more than 50 feet. A minimum front yard of 15 feet shall be required on all lots. b. Side Yard: 10% of lot width. The combined total for interior lots shall not be less than 20 feet. c. Exterior Side Yard: In all residential districts where lots comprising 40% or more of the frontage between two intersection streets are developed with buildings having a yard of more than 10 feet in depth adjacent to the street, the average of such yards shall establish the minimum exterior side yard for the entire frontage. A minimum exterior side yard of 10%, with a minimum of 10 feet, shall be required for all lots. In no case, shall an exterior side yard of more than 50 feet be required. d. Rear Yard: 30 feet. 5.1-1.3 Maximum Floor Area Ratio. a. For Single Family Uses: 1. Lots up to 8,750 sq. feet = LA x 0.35 2. Lots over 8,750 sq. feet up to 20,000 sq. feet = 3062 + [(LA – 8750) x 0.26] 3. Lots over 20,000 sq. feet = LA x 0.30 b. For all other uses: 30% 5.1-1.4 Maximum Building Lot Coverage and Maximum Impervious Surface Coverage. 30% ZONING REGULATIONS 28-24 REVISED 04/16/18 a. Maximum Permitted Building Lot Coverage is 30%. b. Maximum Impervious Surface Coverage - this applies to single family dwellings only: 1. Lots less than or equal to 6,600 sq. feet in area: Total Lot Maximum of 55%. As part of that 55%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. 2. Lots Greater than 6,600 sq. feet in area: Total Lot Maximum of 50%. As part of that 50%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. c. Existing Impervious Surface Exception: Existing non-conforming residential lots needing to repair or replace essential elements only, such as driveways, walkways to home and patios, may receive an administrative exception from the Director of Building from the impervious surface coverage maximum. An administrative ex ception shall only be permitted if: 1. Replacement of deteriorated essential elements the exact same dimension as existed at the adoption of this Ordinance; and 2. Modification of these areas is not practical or feasible; and 3. Such exception shall not be detrimental to public health, safety and welfare. 5.1-1.5 Maximum Height: 25 feet and 2-1/2 stories, except for churches – maximum height is 75 feet for towers and steeples but not more than 45 feet for main structures. 5.1-2 One Family Dwelling District: R-2 5.1-2.1 Minimum Lot Size and Minimum Lot Width at Building Line: Minimum Lot Size Minimum Lot Width at Building Line Standard or Corner 10,000-14,999 sq. feet 75 feet (standard) 90 feet (corner) Standard or Corner 15,000-19,999 sq. feet 90 feet Standard or Corner 20,000-29,999 sq. feet 100 feet Standard or Corner 30,000 sq. feet-less than one acre 125 feet Standard or Corner one acre or more 150 feet Churches, Convents and Monasteries up to 29,999 sq. feet 100 feet Churches, Convents and Monasteries 30,000 sq. feet-less than one acre 125 feet Churches, Convents and Monasteries one acre or more 150 feet a. 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 prior to December 21, 1959, they shall be maintained and used as one zoning lot for such use. b. Any single lot or parcel of land, held in one ownership prior to October 4, 1955 which was of record as of March 15, 2004, that does not meet the requirements for minimum lot width ARLINGTON HEIGHTS MUNICIPAL CODE 28-25 REVISED 04/16/18 and area, may be utilized for a permitted use, provided that yards, courts or usable open space are not less than 75% of the minimum required dimensions of areas. c. Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, minimum lot widths as set forth above shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street. Such lots shall also be laid out so that their frontage length, as measured on the arc of such right-of-way line is not less than 50% of the required lot width measured at the building setback line. Refer to Chapter 29 of the Municipal Code for further information regarding layout and design of lots. 5.1-2.2 Required Minimum Yards: a. Front Yard: 25 feet except where a building line has been established on a recorded plat of subdivision, prior to December 21, 1959, such building line shall determine the front yard requirements of this Chapter and shall be observed. In all residential districts where lots comprising 40% or more of the frontage between two intersecting streets are developed with building having front yards of more than 15 feet in depth, the average of such front yards shall establish the minimum front yards for the entire frontage. In no case shall a front yard of more than 40 feet be required. A minimum front yard of 15 feet shall be required on all lots. b. Side Yard: 10% of lot width. Subdivisions created after January 1, 2003 shall provide a minimum side yard of seven feet. c. Exterior Side Yard: In all residential districts where lots comprising 40% or more of the frontage between two intersecting streets are developed with buildings having a yard of more than ten feet in depth adjacent to the street, the average of such yards shall establish the minimum exterior side yard for the entire frontage. A minimum exterior side yard of 10% of the lot width, with a minimum of ten feet, shall be required for all lots. In no case shall an exterior side yard of more than 40 feet be required. d. Rear Yard: 30 feet. 5.1-2.3 Maximum Floor Area Ratio. a. For Single Family Uses: 1. Lots up to 8,750 sq. feet = LA x 0.45 2. Lots over 8,750 sq. feet = 3938 + [(LA – 8750) x 0.4] b. For All Other Uses: 50% 5.1-2.4 Maximum Building Lot Coverage and Maximum Impervious Surface Coverage. a. Maximum Permitted Building Lot Coverage is 35% for lots 6,000 square feet or greater and 40% for lots less than 6,000 square feet. b. Maximum Impervious Surface Coverage - this applies to single family dwellings only: ZONING REGULATIONS 28-26 REVISED 04/16/18 1. Lots less than or equal to 6,600 sq. feet in area: Total Lot Maximum of 55%. As part of that 55%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. 2. Lots Greater than 6,600 sq. feet in area: Total Lot Maximum of 50%. As part of that 50%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. c. Existing Impervious Surface Exception: Existing non-conforming residential lots needing to repair or replace essential elements only, such as driveways, walkways to home and patios, may receive an administrative exception from the Director of Building from the impervious surface coverage maximum. An administrative exception shall only be permitted if: 1. Replacement of deteriorated essential elements the exact same dimension as existed at the adoption of this Ordinance; and 2. Modification of these areas is not practical or feasible; and 3. Such exception shall not be detrimental to public health, safety and welfare. 5.1-2.5 Maximum Height: 25 feet and 2-1/2 stories, except for churches – maximum height is 75 feet for towers and steeples but not more than 45 feet for main structures. 5.1-3 One Family Dwelling District: R-3 5.1-3.1 Minimum Lot Size and Minimum Lot Width at Building Line: Minimum Lot Size Minimum Lot Width at Building Line Standard or Corner 8,750-9,999 sq. feet 70 feet (standard) 90 feet (corner) Standard or Corner 10,000-14,999 sq. feet 75 feet (standard) 90 feet (corner) Standard or Corner 15,000-19,999 sq. feet 90 feet Standard or Corner 20,000-29,999 sq. feet 100 feet Standard or Corner 30,000 sq. feet-less than one acre 125 feet Standard or Corner one acre or more 150 feet Churches, Convents and Monasteries up to 29,999 sq. feet 100 feet Churches, Convents and Monasteries 30,000 sq. feet-less than one acre 125 feet Churches, Convents and Monasteries one acre or more 150 feet a. 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 prior to December 21, 1959, they shall be maintained and used as one zoning lot for such use. b. Any single lot or parcel of land, held in one ownership prior to October 4, 1955 which was of record as of March 15, 2004, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use, provided that yards, courts or usable open space are not less than 75% of the minimum required dimensions of areas. ARLINGTON HEIGHTS MUNICIPAL CODE 28-27 REVISED 04/16/18 c. Where lots front upon a cul-de-sac or curved street having a radius of 200 feet or less, minimum lot widths as set forth above shall be measured at the building setback line along an arc parallel to the right-of-way of such cul-de-sac or curved street. Such lots shall also be laid out so that their frontage length, as measured on the arc of such right-of-way line is not less than 50% of the required lot width measured at the building setback line. Refer to Chapter 29 of the Municipal Code for further information regarding layout and design of lots. d. The Director of Building may issue a building permit for the erection of a single family residence on any parcel of land which does not meet the minimum lot requirements of width or area or both, of the District, if such parcel fronts on a street which has a majority of the developed lots that both front on said street and are contained between two adjacent streets which intersect with said street (or in lieu of a second intersecting street, a public park, cemetery, railroad right-of-way, a cul-de-sac, waterway or a corporate boundary line of the Village) that are either less than the minimum area or width, or both required by the District; provided that no permit shall be issued pursuant hereto for any parcel containing less than 6,250-square feet and a frontage less than 49 feet. If there is an existing principal residence on a parcel, this paragraph is not applicable. The parcel is deemed buildable and permits may be issued for either a new residence or alterations to the existing residence. 5.1-3.2 Required Minimum Yards. a. Front Yard: 25 feet except where a building line has been established on a recorded plat of subdivision, prior to December 21, 1959 such building line shall determine the front yard requirements of this Chapter and shall be observed. In all residential districts where lots comprising 40% or more of the frontage between two intersecting streets are developed with building having front yards of more than 15 feet in depth, the average of such front yards shall establish the minimum front yards for the entire frontage. In no case shall a front yard of more than 40 feet be required. A minimum front yard of 15 feet shall be required on all lots. b. Side Yard: 10% of lot width. Subdivisions created after January 1, 2003, shall provide a minimum side yard of 7 feet. c. Exterior Side Yard: In all residential districts where lots comprising 40% or more of the frontage between two intersecting streets are developed with buildings having a yard of more than ten feet in depth adjacent to the street, the average of such yards shall establish the minimum exterior side yard for the entire frontage. A minimum exterior side yard of 10% of the lot width with a minimum of ten feet shall be required for all lots. In no case shall an exterior side yard of more than 40 feet be required. d. Rear Yard: 30 feet. 5.1-3.3 Maximum Floor Area Ratio. a. For Single Family Uses: ZONING REGULATIONS 28-28 REVISED 04/16/18 1. Lots up to 8,750 sq. feet = LA x 0.45 2. Lots over 8,750 sq. feet = 3938 + [(LA – 8750) x 0.4] b. For All Other Uses: 50% 5.1-3.4 Maximum Building Lot Coverage and Maximum Impervious Surface Coverage. a. Maximum Permitted Building Lot Coverage is 35% for lots 6,000 square feet or greater and 40% for lots less than 6,000 square feet b. Maximum Impervious Surface Coverage - this applies to single family dwellings only: 1. Lots less than or equal to 6,600 sq. feet in area: Total Lot Maximum of 55%. As part of that 55%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. 2. Lots Greater than 6,600 sq. feet in area: Total Lot Maximum of 50%. As part of that 50%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. c. Existing Impervious Surface Exception: Existing non-conforming residential lots needing to repair or replace essential elements only, such as driveways, walkways to home and patios, may receive an administrative exception from the Director of Building from the impervious surface coverage maximum. An administrative exception shall only be permitted if: 1. Replacement of deteriorated essential elements the exact same dimension as existed at the adoption of this Ordinance; and 2. Modification of these areas is not practical or feasible; and 3. Such exception shall not be detrimental to public health, safety and welfare. 5.1-3.5 Maximum Height: 25 feet and 2-1/2 stories, except for churches – maximum height is 75 feet for towers and steeples but not more than 45 feet for main structures. 5.1-4 Two Family Dwelling District: R-4. The purpose of the R-4 district is to provide areas for two-family dwellings and to provide a use which is compatible with adjacent single-family districts. 5.1-4.1 Minimum Lot Size and Minimum Lot Width at Building Line. a. Single Family Dwellings: Minimum Lot Size Minimum Lot Width at Building Line Standard or Corner 8,750-9,999 sq. feet 70 feet (standard) 90 feet (corner) Standard or Corner 10,000-14,999 sq. feet 75 feet (standard) 90 feet (corner) Standard or Corner 15,000-19,999 sq. feet 90 feet ARLINGTON HEIGHTS MUNICIPAL CODE 28-29 Standard or Corner 20,000-29,999 sq. feet 100 feet Standard or Corner 30,000 sq. feet-less than one acre 125 feet Standard or Corner one acre or more 150 feet Churches, Convents and Monasteries up to 29,999 sq. feet 100 feet Churches, Convents and Monasteries 30,000 sq. feet-less than one acre 125 feet Churches, Convents and Monasteries one acre or more 150 feet b. For Two Family Dwellings, Standard or Corner: Minimum Lot Size Minimum Lot Width at Building Line Standard or Corner 4-bedroom 7,000 sq. feet per dwelling unit 105 3-bedroom 6,000 sq. feet per dwelling unit 90 2-bedroom 5,000 sq. feet per dwelling unit 50 5.1-4.2 Required Minimum Yard. a. Front Yard: 25 feet except where a building line has been established on a recorded plat of subdivision, prior to the date of this Ordinance, such building line shall determine the front yard requirements of this Chapter and shall be observed. In all residential districts where lots comprising forty percent or more of the frontage between two intersecting streets are developed with buildings having front yards of more than 15 feet in depth, the average of such front yards shall establish the minimum front yards for the entire frontage. In no case shall a front yard of more than 40 feet be required. A minimum front yard of 15 feet shall be required on all lots. b. Side Yard: 10% of lot width. Subdivisions created after January 1, 2003, shall provide a minimum side yard of seven feet. c. Exterior Side Yard: On corner lots, there shall be maintained a side yard of not less than 20 feet on the side adjacent to the street which intersects the street upon which the building maintains frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50% of the front yard required on the lots in the rear of such corner lots, but such yard need not exceed 20 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five feet to the side lot line of said adjacent lots. d. Rear Yard: 30 feet. 5.1-4.3 Maximum Floor Area Ratio. a. For Single Family Uses: 1. Lots up to 8,750 sq. feet = LA x 0.45 2. Lots over 8,750 sq. feet = 3938 + [(LA – 8750) x 0.4] b. For All Other Uses: 100% ZONING REGULATIONS 28-30 REVISED 04/16/18 5.1-4.4 Maximum Building Lot Coverage and Maximum Impervious Surface Coverage. a. Maximum Permitted Building Lot Coverage is 35%. b. Maximum Impervious Surface Coverage - this applies to single family dwellings only: 1. Lots less than or equal to 6,600 sq. feet in area: Total Lot Maximum of 55%. As part of that 55%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. 2. Lots Greater than 6,600 sq. feet in area: Total Lot Maximum of 50%. As part of that 50%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. c. Existing Impervious Surface Exception - this applies to single family dwellings only: Existing non-conforming residential lots needing to repair or replace essential elements only, such as driveways, walkways to home and patios, may receive an administrative exception from the Director of Building from the impervious surface coverage maximum. An administrative exception shall only be permitted if: 1. Replacement of deteriorated essential elements the exact same dimension as existed at the adoption of this ordinance; and 2. Modification of these areas is not practical or feasible; and 3. Such exception shall not be detrimental to public health, safety and welfare. 5.1-4.5 Maximum Building Height: 25 feet and 2-1/2 stories, except for churches – maximum height is 75 feet for towers and steeples but not more than 45 feet for main structures. 5.1-4.6 Minimum Floor Area (Square Foot) per Dwelling Unit for Multi -Family Dwellings (exclusive of utility rooms and garages): Efficiency One Bedroom Two Bedroom Three Bedroom Four Bedroom R-4 -- 600 750 900 5.1-5 Multiple-Family Dwelling District: R-5. The purpose of the R-5 district is to provide for residential developments using one-family attached dwellings to allow a density greater than permitted in the R-3 One-Family Dwelling District but less than permitted in the R-6 Multiple- Family Dwelling District. Developments in this district shall be of similar composition and design compatible with adjoining developments of one-family dwellings. The minimum area for this District is two acres. 5.1-5.1 Minimum Lot Size/Density and Minimum Lot Width at Building Line. Each multi- family building or buildings shall be situated on a zoning lot with a net area of not less than 20,000- square feet. a. Single Family Dwellings: Minimum Lot Size Minimum Lot Width at Building Line Standard or Corner 8,750-9,999 sq. feet 70 feet (standard) 90 feet (corner) ARLINGTON HEIGHTS MUNICIPAL CODE 28-31 REVISED 04/16/18 Standard or Corner 10,000-14,999 sq. feet 75 feet (standard) 90 feet (corner) Standard or Corner 15,000-19,999 sq. feet 90 feet Standard or Corner 20,000-29,999 sq. feet 100 feet Standard or Corner 30,000 sq. feet-less than one acre 125 feet Standard or Corner one acre or more 150 feet Churches, Convents and Monasteries up to 29,999 sq. feet 100 feet Churches, Convents and Monasteries 30,000 sq. feet-less than one acre 125 feet Churches, Convents and Monasteries one acre or more 150 feet b. Multiple Family Dwellings Minimum Lot Size Density (No minimum lot width) 4-bedroom 5,000 sq. feet per dwelling unit 3-bedroom 4,000 sq. feet per dwelling unit 2-bedroom or less 3,500 sq. feet per dwelling unit 5.1-5.2 Maximum Floor Area Ratio. a. For Single Family Uses: 1. Lots up to 8,750 sq. feet = LA x 0.45 2. Lots over 8,750 sq. feet = 3938 + [(LA – 8750) x 0.4] b. For All Other Uses: 100% 5.1-5.3 Required Minimum Yards. a. Front Yard: 25 feet. b. Side Yard: 10% of lot width. Subdivisions created after January 1, 2003, shall provide a minimum side yard of seven feet. On corner lots there shall be maintained a side yard of not less than 20 feet on the side adjacent to the street which intersects the street upon which the building maintains frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50% of the front yard required on the lots in the rear of such corner lots, but such yard need not exceed 20 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five feet to the side lot. c. Exterior Side Yard: On corner lots, there shall be maintained a side yard of not less than 20 feet on the side adjacent to the street which intersects the street upon which the building maintains frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50% of the front yard required on the lots in the rear of such corner lots, but such yard need not exceed 20 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five feet to the side lot line of said adjacent lots. d. Rear Yard: 30 feet. 5.1-5.4 Maximum Building Lot Coverage and Maximum Impervious Surface Coverage. ZONING REGULATIONS 28-32 REVISED 04/16/18 a. Maximum Permitted Building Lot Coverage is 35% for new construction b. Maximum Impervious Surface Coverage - this applies to single family dwellings only: 1. Lots less than or equal to 6,600 sq. feet in area: Total Lot Maximum of 55%. As part of that 55%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. 2. Lots Greater than 6,600 sq. feet in area: Total Lot Maximum of 50%. As part of that 50%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. c. Existing Impervious Surface Exception - this applies to single family dwellings only: Existing non-conforming residential lots needing to repair or replace essential elements only, such as driveways, walkways to home and patios, may receive an administrative exception from the Director of Building from the impervious surface coverage maximum. An administrative exception shall only be permitted if: 1. Replacement of deteriorated essential elements the exact same dimension as existed at the adoption of this ordinance; and 2. Modification of these areas is not practical or feasible; and 3. Such exception shall not be detrimental to public health, safety and welfare. 5.1-5.5 Maximum Building Height: 35 feet exclusive of stair heads and mechanical equipment facilities, except for churches – maximum height is 75 feet for towers and steeples but not more than 45 feet for main structures. 5.1-5.6 Minimum Floor Area (Square Foot) per Dwelling Unit for Multi -Family Dwellings (exclusive of utility rooms and garages): Efficiency One Bedroom Two Bedroom Three Bedroom Four Bedroom R-5 750 900 1200 1400 5.1-5.7 Spacing Between Multi-Family Buildings. There shall be a minimum of 25 feet between principal buildings. 5.1-6 Multiple-Family Dwelling District: R-6. The purpose of the R-6 district is to provide areas for medium density multiple-family developments. The minimum area for this District is one acre. 5.1-6.1 Minimum Lot Size/Density and Minimum Lot Width at Building Line. a. Single Family Dwellings: Minimum Lot Size Minimum Lot Width at Building Line Standard or Corner 8,750-9,999 sq. feet 70 feet (standard) 90 feet (corner) ARLINGTON HEIGHTS MUNICIPAL CODE 28-33 REVISED 04/16/18 Standard or Corner 10,000-14,999 sq. feet 75 feet (standard) 90 feet (corner) Standard or Corner 15,000-19,999 sq. feet 90 feet Standard or Corner 20,000-29,999 sq. feet 100 feet Standard or Corner 30,000 sq. feet-less than one acre 125 feet Standard or Corner one acre or more 150 feet Churches, Convents and Monasteries up to 29,999 sq. feet 100 feet Churches, Convents and Monasteries 30,000 sq. feet-less than one acre 125 feet Churches, Convents and Monasteries one acre or more 150 feet b. For Multiple Family Dwellings: Minimum Lot Size Density (No minimum lot width) 4-bedroom 4,000 sq. feet per dwelling unit 3-bedroom 3,500 sq. feet per dwelling unit 2-bedroom or less 2,500 sq. feet per dwelling unit 5.1-6.2 Maximum Floor Area Ratio. a. Single Family Uses: 1. Lots up to 8,750 sq. feet = LA x 0.45 2. Lots over 8,750 sq. feet = 3938 + [(LA – 8750) x 0.4] b. For All Other Uses: 150% 5.1-6.3 Required Minimum Yards. a. Multiple Family and all other uses: 1. Front Yard: 25 feet 2. Side Yard: 10% of lot width. Subdivisions created after January 1, 2003, shall provide a minimum side yard of seven feet. 3. Exterior Side Yard: On corner lots, there shall be maintained a side yard of not less than 20 feet on the side adjacent to the street which intersects the street upon which the building maintains frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50% of the front yard required on the lots in the rear of such corner lots, but such yard need not exceed 20 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five feet to the side lot line of said adjacent lots. 4. Rear Yard: 30 feet b. Single Family Uses: 1. Front Yard: 25 feet except where a building line has been established on a recorded plat of subdivision, prior to December 21, 1959 such building line shall determine ZONING REGULATIONS 28-34 REVISED 04/16/18 the front yard requirements of this Ordinance and shall be observed. In all residential districts where lots comprising 40% or more of the frontage between two intersecting streets are developed with building having front yards of more than 15 feet in depth, the average of such front yards shall establish the minimum front yards for the entire frontage. In no case shall a front yard of more than 40 feet be required. A minimum front yard of 15 feet shall be required on all lots. 2. Side Yard: 10% width. Subdivisions created after January 1, 2003, shall provide a minimum side yard of seven feet. 3. Exterior Side Yard: In all residential districts where lots comprising 40% or more of the frontage between two intersecting streets are developed with buildings having a yard of more than ten feet in depth adjacent to the street, the average of such yards shall establish the minimum exterior side yard for the entire frontage. A minimum exterior side yard of 10% of the lot width with a minimum of ten feet shall be required for all lots. In no case shall an exterior side yard of more than 40 feet be required. 4. Rear Yard: 30 feet. 5.1-6.4 Maximum Building Lot Coverage and Maximum Impervious Surface Coverage. a. Maximum Permitted Building Lot Coverage is 35% for new construction. b. Maximum Impervious Surface Coverage - this applies to single family dwellings only: 1. Lots less than or equal to 6,600 sq. feet in area: Total Lot Maximum of 55%. As part of that 55%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. 2. Lots Greater than 6,600 sq. feet in area: Total Lot Maximum of 50%. As part of that 50%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. c. Existing Impervious Surface Exception - this applies to single family dwellings only: Existing non-conforming residential lots needing to repair or replace essential elements only, such as driveways, walkways to home and patios, may receive an administrative exception from the Director of Building from the impervious surface coverage maximum. An administrative exception shall only be permitted if: 1. Replacement of deteriorated essential elements the exact same dimension as existed at the adoption of this ordinance; and 2. Modification of these areas is not practical or feasible; and 3. Such exception shall not be detrimental to public health, safety and welfare. 5.1-6.5 Maximum Building Height: 50 feet exclusive of elevator penthouses, stair heads and mechanical equipment facilities, except for churches – maximum height is 75 feet for towers and ARLINGTON HEIGHTS MUNICIPAL CODE 28-35 REVISED 09/17/18 steeples but not more than 45 feet for main structures. 5.1-6.6 Minimum Floor Area (Square Foot) per Dwelling Unit for Multi -Family Dwellings (exclusive of utility rooms and garages): Efficiency One Bedroom Two Bedroom Three Bedroom Four Bedroom R-6 500 600 750 900 -- 5.1-6.7 Spacing Between Multi-Family Buildings. There shall be a minimum of 25 feet between principal buildings. (Ord. #18-034) 5.1-7 Multiple-Family Dwelling District (R-7). The purpose of the R-7 district is to provide high density multiple-family developments which will provide a buffer between the Downtown (B-5) District and the single family neighborhood, reduce transportation needs by locating high density developments close to public transportation facilities and pride a consumer base for the Downtown District area. In addition, the purpose of the R-7 District is to stimulate development in areas within a designated redevelopment area consistent with a redevelopment plan. 5.1-7.1 Location. All land within the R-7 zoning district classification, shall be located in the areas adjoining the area designated Downtown District mixed use or areas within a designated redevelopment area consistent with a redevelopment plan and also designated for “High Density Multi-Family” on the Village of Arlington Heights General Comprehensive Plan. All other parcels of land zoned R-7 prior to the adoption of this amendment, but not indicated as “High Density Multi-Family” shall conform to the requirements of the R-6 District, except that the minimum lot area for two or more dwelling units shall be 2,100 square feet per dwelling unit. 5.1-7.2 Minimum Area for Zoning District: Two-Acres. 5.1-7.3 Minimum Lot Size (Density): a. Single-Family Dwellings: Minimum Lot Size Minimum Lot Width at Building Line Standard or Corner 15,000-19,999 sq. feet 90 feet Standard or Corner 20,000-29,999 sq. feet 100 feet Standard or Corner 30,000 sq. feet-less than one acre 125 feet Standard or Corner one acre or more 150 feet Churches, Convents and Monasteries up to 29,999 sq. feet 100 feet Churches, Convents and Monasteries 30,000 sq. feet-less than one acre 125 feet Churches, Convents and Monasteries one acre or more 150 feet b. Multiple-Family Dwellings: Minimum Lot Size Density 2-bedroom or more 900 sq. feet per dwelling unit 1-bedroom or less 600 sq. feet per dwelling unit c. Churches, Convents & Monasteries: 20,000 sq. feet Standard and Corner ZONING REGULATIONS 28-36 REVISED 09/17/18 5.1-7.4 Maximum Building Lot Coverage and Maximum Impervious Surface Coverage. a. Maximum Impervious Surface Coverage - this applies to single family dwellings only: 1. Lots less than or equal to 6,600 sq. feet in area: Total Lot Maximum of 55%. As part of that 55%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. 2. Lots Greater than 6,600 sq. feet in area: Total Lot Maximum of 50%. As part of that 50%, no more than 50% of the front yard, plus, if it is a corner lot, the exterior side yard, shall be impervious surface. b. Existing Impervious Surface Exception - this applies to single family dwellings only: Existing non-conforming residential lots needing to repair or replace essential elements only, such as driveways, walkways to home and patios, may receive an administrative exception from the Director of Building from the impervious surface coverage maximum. An administrative exception shall only be permitted if: 1. Replacement of deteriorated essential elements the exact same dimension as existed at the adoption of this Ordinance; and 2. Modification of these areas is not practical or feasible; and 3. Such exception shall not be detrimental to public health, safety and welfare. 5.1-7.5 Minimum Lot Width at Building Line: Single Family See R-3 Requirements Multiple Family 2-bedroom or more 1-bedroom or less Standard N/A N/A Corner N/A N/A Churches, Convents and Monasteries 100 feet 5.1-7.6 Required Minimum Yards: Front Yard: 25 feet. Side Yard: 10% of lot width. Exterior Side Yards: On corner lots, there shall be maintained a side yard of not less than 20 feet on the side adjacent to the street which intersects the street upon which the building maintains frontage, and in the case of a reversed corner lot, there shall be maintained a setback from the side street of not less than 50% of the front yard required on the lots in the rear of such corner lots, but such yard need not exceed 20 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than five feet to the side lot line of said adjacent lots. Rear Yard: 30 feet. (Ord. #03-066) 5.1-7.7 Maximum Building Lot Coverage: 55% for new construction ARLINGTON HEIGHTS MUNICIPAL CODE 28-37 REVISED 09/17/18 Impervious Surface Coverage for One-Family Dwelling: Refer to Section 5.1-3.4b. 5.1-7.8 Maximum Building Height: 60 feet exclusive of elevators, penthouses, stair heads and mechanical equipment, except for churches - 75 feet for towers and steeples but not more than 45 feet for main structures. 5.1-7.9 Dwelling Standards. a. Every single-family dwelling unit hereafter erected shall conform to the requirements of Chapter 23 of the Municipal Code. b. No habitable room shall be erected or occupied with a floor below grade. c. Minimum Floor Area (Square Foot) per Dwelling Unit for Multi-Family Dwellings (exclusive of utility rooms and garages): Efficiency One Bedroom Two Bedroom Three Bedroom Four Bedroom R-7 500 600 750 900 -- 5.1-7.10 Spacing Between Multi-Family Buildings – shall be no less than 25 feet for principal buildings. (Ord. #03-065) 5.1-7.11 Maximum Floor Area Ratio: 200% For Single Family Detached, see Section 5.3-3.2 5.1-8 Institutional District: I. The I District shall be reserved for institutional non-residential and institutional residential uses as defined in this Chapter and as specified in the Permitted Use Table Section. Any development in the I District shall be considered in accordance with the Planned Unit Development requirements set forth in Section 9 of this Chapter. The minimum area for this District is two acres. The minimum area requirement for a parcel for which a zoning amendment to an I classification is to be applied may be reduced to not less than one acre if the proposed use would adjoin and abut the related institutional facility whose land use is permitted within the I district provided the combination of area of the subject property and the adjacent parcel is at least four acres. The location of any “I” District shall be as follows: a. Property of a gross land area up to four acres must have frontage on a street classified at least as collector on Arlington Heights Thoroughfare Plan. b. Property of a gross area of over four acres and no more than twenty acres must have frontage on a street classified at least as a secondary arterial on Arlington Heights Thoroughfare Plan. c. Property of a gross land area of over twenty acres must have frontage on a street classified as a major arterial on Arlington Heights Thoroughfare Plan. 5.1-8.1 Minimum Lot Size/Density and Minimum Lot Width at Building Line. Minimum Lot Size Minimum Lot Width at Building Line Residential or Non-Residential 100 feet ZONING REGULATIONS 28-38 REVISED 04/16/18 Churches, Convents & Monasteries up to 29,999 sq. feet 90 feet One-Bedroom 2,400 sq. feet per dwelling unit Two-Bedroom 2,400 sq. feet per dwelling unit Three Bedroom* 2,700 sq. feet per dwelling unit *Three-bedroom dwellings cannot exceed 10% of total number of dwellings 5.1-8.2 Maximum Floor Area Ratio: 100% 5.1-8.3 Required Minimum Yards. a. Front Yard: 1-Story or 2-Story 25 feet 3-Story 30 feet 4-Story 35 feet b. Side Yard: 1-Story or 2-Story 25 feet 3-Story 30 feet 4-Story 35 feet c. Rear Yard: 1-Story or 2-Story 30 feet 3-Story 35 feet 4-Story 40 feet 5.1-8.4 Maximum Building Coverage: 40% 5.1-8.5 Maximum Height: 45 feet and four stories. Any accessory building shall not exceed 35 feet in height, except for churches – maximum height is 75 feet for towers and steeples but not more than 45 feet for main structures. 5.1-8.6 Minimum Floor Area (Square Foot) per Dwelling Unit for Multi-Family Dwellings (exclusive of utility rooms and garages): Efficiency One Bedroom Two Bedroom Three Bedroom Four Bedroom I 550 650 750 800 -- 5.1-9 Office Transitional: OT. The OT district shall be restricted to professional and administrative offices developed in accordance with an approved Planned Unit Development for the total site. This district is designed generally as a transition between heavy traffic arteries and residential areas, or between manufacturing or business and residential areas. The activities within this district shall not generate heavy vehicular traffic or create perceptible noise or glare beyond lot lines and shall be compatible with adjoining residential property. The minimum area for this District shall be 20,000 square feet. The location of any OT district shall be on property which has access to a major or secondary arterial street designated on the Village Official Map or Village Comprehensive Plan Map or shall be adjacent to an existing business or manufacturing zoned district. 5.1-9.1 Minimum Lot Size and Minimum Lot Width at Building Line: The minimum lot size is 10,000 square feet. Each lot or combination of adjoining lots shall have a minimum frontage of 100 feet. 5.1-9.2 Maximum Floor Area Ratio: 80% ARLINGTON HEIGHTS MUNICIPAL CODE 28-39 REVISED 04/16/18 5.1-9.3 Required Minimum Yards: a. Front Yard: 25 feet b. Side Yard: Side yards of at least 20 feet in width shall be provided on each side on lots adjacent to a residential district. No side yards are required on that side that is adjacent to a business or manufacturing district. At least one side yard of 12 feet is required per lot. c. Rear Yard: 30 feet may be reduced half the width of an adjoining alley. 5.1-9.4 Maximum Building Lot Coverage: 40% 5.1-9.5 Maximum Height: 30 feet and two stories 5.1-9.6 Conditions of Use. All uses permitted in this district shall be subject to the following conditions of use: a. The development plan shall be considered a Planned Unit Development and shall be subject to the requirements of Section 9. b. In no case shall there be any delivery to or from the premises of goods, merchandise or wares except as shall be strictly occasional and incidental to the principal use. Storage of goods, wares or merchandise for sale or delivery from or on the premises is prohibited, except for samples as shall be necessary for use of the premises by sales representatives headquartered on the premises; this shall not be construed to permit retail or wholesale catalog store. ZONING REGULATIONS 28-40 REVISED 04/16/18 5.1-10 Business District Limited Retail: B-1. The purpose of the B-1 district is to provide for the convenience shopping of persons residing in adjacent residential areas. Limited service and office establishments are permitted in this district provided that such establishments will be conducted without noise, odor or any other condition, which might be disturbing to adjacent residential areas. The minimum size for this District shall be one acre. 5.1-10.1 Minimum Lot Size for Dwelling Units above the First Floor: Minimum Lot Size 4-bedroom 4,000-sq feet per dwelling unit 3-bedroom 3,500-sq feet per dwelling unit 2-bedroom or less 2,500-sq feet per dwelling unit 5.1-10.2 Maximum Floor Area Ratio: 150% 5.1-10.3 Required Minimum Yards: a. Front Yard: When lots front on a street and at least 80% of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to said lots in the business district. Where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this Chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district. b. Side Yard: Where a side lot line coincides with a side or rear lot line of a property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard, which would be required under this Chapter for a residential use on the adjacent property in the residential district. c. Rear Yard: Where a rear lot line coincides with a side or rear lot line of a property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth. A rear yard shall not less than 30 feet in depth and beginning at a level no higher than that of the finished floor of the lowest residential unit shall be provided for residential uses located above the first floor. 5.1-10.4 Conditions of Use. All uses permitted in this district (except “R” District uses) shall be subject to the following conditions of use: a. Dwelling units and lodging rooms are not permitted below the second floor. b. All activities except for outdoor cafés and automobile off-street parking facilities permitted in this District shall be conducted wholly within an enclosed building. c. Establishments of the “drive-in” type, offering goods or services directly to customers waiting in parked motor vehicles are not permitted. d. That there shall be no manufacture, processing or treatment of products other than those ARLINGTON HEIGHTS MUNICIPAL CODE 28-41 REVISED 04/16/18 which are clearly incidental and essential to the retail business conducted on the same premises. e. That not more than three persons (exclusive of manager, clerks, and drivers) shall be engaged in the manufacture, processing or treatment of products. f. That such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibration or other similar causes. g. All deliveries and loading related activities, as well as parking lot sweeping in the service area, directly abutting a residential area shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m. h. Refrigerated trailers shall not be left separated from the cab on the site. i. All trailers shall only be parked within the designated loading areas. 5.1-11 General Business District: B-2. The purpose of the B-2 district is to provide sites to be used primarily as community shopping centers which serve a large trade area and to include the grouping of more compatible business uses which promote public convenience and business prosperity. Commercial activities including business and off uses are permitted in this district. The minimum size for this District shall be four acres. 5.1-11.1 Minimum Lot Size for Dwelling Units above the First Floor: Minimum Lot Size Multiple-Family 4 bedrooms 5,000-sq. feet per unit 3 bedrooms 4,500-sq. feet per unit 2 bedrooms 3,500-sq. feet per unit Lodging Room 600-sq. feet per dwelling unit 5.1-11.2 Maximum Floor Area Ratio: 250% 5.1-11.3 Required Minimum Yards: a. Front Yard: When lots front on a street and at least 80% of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to said lots in the business district. Where the extension of a front or side lot line coincided with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this Chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district. b. Side Yard: Where a side lot line coincides with a side or rear lot line of a property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard, which would be required under this Chapter for a residential use on the adjacent property in the residential district. ZONING REGULATIONS 28-42 REVISED 04/16/18 c. Rear Yard: Where a rear lot line coincides with a side or rear lot line of a property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth. A rear yard shall be provided for residential uses located above the first floor, such yard to be not less than 30 feet in depth and to begin at a level no higher than that of the finished floor of the lowest residential unit. 5.1-11.4 Conditions of Use. All uses permitted in this district (except “R” district uses) shall be subject to the following conditions: a. Dwelling units and lodging rooms are not permitted below the second floor. b. That there shall be no manufacture, processing, or treatment of products other than those which are clearly incidental and essential to the retail businesses conducted. c. That not more than five persons (exclusive of manager, clerk and drivers) shall be engaged in said manufacture, process or treatment of products including catering, cleaning, laundering, plumbing, upholstering and other similar permitted uses. d. That such uses, operation or products shall not be objectionable due to odor, dust, smoke, noise, vibrations or other similar causes. e. The preparation of articles intended for human consumption shall be conducted wholly within an enclosed building. However, the consumption of such articles may be permitted outdoors in an enclosed area. f. All activities except for outdoor cafes, the sale of Christmas trees, and automobile off street parking facilities permitted in this District shall be conducted wholly within an enclosed building. g. All deliveries and loading related activities, as well as parking lot sweeping in the service area, directly abutting a residential property shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m. h. Refrigerated trailers shall not be left separated from the cab on the site. i. All trailers shall only be parked within the designated loading areas. 5.1-12 General Service, Wholesale and Motor Vehicle District: B-3. The purpose of the B-3 district is to provide areas primarily for motor vehicle oriented uses, wholesale/retail and service establishments. This district is located on arterial streets designated on the Village Official Map or Village Comprehensive Plan Map. The minimum size for this District shall be four acres 5.1-12.1 Minimum Lot Size for Dwelling Units above the First Floor: Minimum Lot Size Multiple Family: 4-bedrooms 5,000-sq feet per dwelling unit 3-bedrooms 4,500-sq feet per dwelling unit 2-bedrooms 3,500-sq feet per dwelling unit ARLINGTON HEIGHTS MUNICIPAL CODE 28-43 REVISED 04/16/18 Lodging Room 600-sq feet per lodging room 5.1-12.2 Maximum Floor Area Ratio: 350% 5.1-12.3 Required Minimum Yards. a. Front Yard: When lots front on a street and at least 80% of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to said lots in the business district. Where the extension of a front or side lot line coincided with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this Chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district. b. Side Yard: Where a side lot line coincides with a side or rear lot line of a property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard, which would be required under this Chapter for a residential use on the adjacent property in the residential district. c. Rear Yard: Where a rear lot line coincides with a side or rear lot line of a property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth. A rear yard shall be provided for residential uses located above the first floor, such yard to be not less than 30 feet in depth and to begin at a level no higher than that of the finished floor of the lowest residential unit. 5.1-12.4 Conditions of Use. All uses permitted in this district (except “R” District uses) shall be subject to the following conditions of use: a. Dwelling units are not permitted below the second floor. b. That there shall be no manufacture, processing, or treatment of products other than those which are clearly incidental and essential to the retail businesses conducted. c. That such uses involving the production, processing, cleaning, servicing, testing or repair of materials, goods or products shall take place within completely enclosed buildings, except for the storage of building materials and except for the parking of motor vehicles in the open. d. That such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibrations or other similar causes. e. The preparation of articles intended for human consumption shall be conducted wholly within an enclosed building. However, the consumption of such articles may be permitted outdoors in an enclosed area. f. All deliveries and loading related activities, as well as parking lot sweeping in the service area, directly abutting a residential property, shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m. ZONING REGULATIONS 28-44 REVISED 04/16/18 g Refrigerated trailers shall not be left separated from the cab on the site. 5.1-13 Limited Service District: B-4. The purpose of the B-4 district is to provide areas for specialized services for home, business and industry. It shall also provide a buffer between existing residential areas and industrial areas. The minimum size for this District shall be four acres. 5.1-13.1 Minimum Lot Width at Building Line. 50 feet 5.1-13.2 Maximum Floor Area Ratio: 150% 5.1-13.3 Required Minimum Yards. a. Non-Transitional Yards (Not Adjacent to Residential Districts) 1. Front Yard: Five-foot yard; 10-foot building line. Parking is allowed in the five feet adjacent to the building. 2. Side Yard: At least one side yard is required. Minimum total width for yard or yards is 12 feet. No one-yard shall be less than six feet. Side yards may be omitted where two or more buildings are developed with party walls or as adjoining buildings (total length of building not to exceed 200 feet). In such case, side yards shall be provided at both ends of the property. In the case of a side yard serving as a drive, the minimum side yard shall be 12 feet exclusive of walks or landscaped areas. 3. Rear Yard: 10 feet. b. Transitional Yards (Adjacent to Residential Districts) 1. Front Yard: When lots front on a street and at least 80% of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to said lots in the business district. Where the extension of a front or side lot line coincided with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this Chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district. 2. Side Yard: Where a side lot line coincides with a side or rear lot line of a property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this Chapter for a residential use on the adjacent property in the residential district. 3. Rear Yard: Where a rear lot line coincides with a side or rear lot line of a property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth. ARLINGTON HEIGHTS MUNICIPAL CODE 28-45 REVISED 04/16/18 5.1-13.4 Maximum Building Lot Coverage: 70% 5.1-13.5 Maximum Building Height: 30 feet and two stories. 5.1-13.6 Conditions of Use. All uses permitted in this district (except “R” District uses) shall be subject to the following conditions of use: a. That there shall be no manufacture, processing or treatment of products other than those which are clearly incidental and essential to the businesses conducted. b. That such uses, operations or products shall not be objectionable due to odor, dust, smoke, noise, vibrations or other similar causes. c. All activities shall take place within completely enclosed buildings unless otherwise specified. d. Within 150 feet of the nearest point of any residential district, all storage sh all 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 wall or fence, including solid doors or gates thereto at least eight feet high, but in no case lower than the enclosed storage. e. All deliveries and loading related activities, as well as parking lot sweeping in the service area, directly abutting a residential property shall not be permitted between the hours of 10:00 p.m. and 7:00 a.m. f. Refrigerated trailers shall not be left separated from the cab on the site. g. All trailers shall only be parked within the designated loading areas. 5.1-14 Downtown District: B-5. The purpose of the B-5 District is to provide a central area for various retail, office, governmental, institutional, public, residential and cultural activities. Emphasis on pedestrian traffic and access will be encouraged for all uses permitted. The minimum size for this District is 30 acres. 5.1-14.1 Minimum Lot Size for Dwelling units above the First Floor. 1-bedroom or less 300-sq feet per dwelling unit 2-bedrooms 400-sq feet per dwelling unit 3-bedrooms 500-sq feet per dwelling unit Hotels 250-sq feet per lodging room 5.1-14.2 Required Minimum Yards. a. Public Street Frontage; none, except where 50% or more of the property directly across the street frontage is zoned R-3 a 20 foot setback is required. b. Interior Yards/Lot Lines: 25 feet if abutting residential districts. Additional setbacks may ZONING REGULATIONS 28-46 REVISED 04/16/18 be required pursuant to an approved Planned Unit Development and/or Building Code requirements. 5.1-14.3 Maximum Building Height. The maximum height of any building shall be 90 feet exclusive of elevator penthouses, stair heads and other mechanical equipment facilities. For parcels or lots of 10,000 square feet or larger, the maximum building height may be increased up to 140 feet (180 feet for air rights developments over railroads) by using the following height bonus system: a. Setback Bonus. Two additional feet in height shall be allowed for each one foot of building wall setback measured from the property line to building line. b. Landscaped Mall or Plaza Bonus. One additional foot in height shall be allowed for each whole unit of 1,000-square foot of fully landscaped plaza. An area of less than 50 feet in width will be considered setback and not plaza. The Village shall consider appropriate landscaping to include shade trees, shrubs, planter boxes, grass sculpture, decorative paving, fountains, all of which must be for public enjoyment. c. Arcade Bonus. Eleven feet six inches additional height shall be allowed for each 1,000 - square foot of an arcade. An arcade must have a minimum horizontal clearance of five feet, as measured from the inner wall to the projecting wall, with a minimum height of 9 feet. d. Multi-use Concept Bonus. Twenty-three additional feet of height shall be allowed for a building with two different non-residential uses. A use of less than an entire floor area will not qualify for a bonus. Only the following uses will qualify for this height bonus: retail business, services, offices, hotel and theater. e. Enclosed Parking Bonus. Eleven feet six inches additional height shall be allowed for each level of underground car parking. Five feet nine inches additional height shall be allowed for each level of a parking structure above grade. f. General Amenities Bonus. Twenty-three additional feet in height shall be allowed for landscaping. Landscaping credited under (b) above may not be a part of the general amenities bonus. g. Upper Floor Setback Bonus. Eleven feet six inches additional height shall be allowed for each whole unit of ten feet setback of the largest floor above the third floor. Setback shall be measured from the face of the lower floor to the face of the largest upper floor. 5.1-14.4 Conditions of Use. All uses permitted in this district shall be subject to the following conditions of use: a. Any non-residential use permitted in the B-5 District shall conform to the conditions of use provided in the B-2 General Business District; b. Dwelling units shall not be permitted below the second floor; c. All land within the B-5, Downtown District Classification, shall be located on land contiguous to existing B-5, Downtown District zoning classification and designated as Downtown District Mixed Use on the Village Comprehensive Plan. ARLINGTON HEIGHTS MUNICIPAL CODE 28-47 REVISED 04/16/18 5.1-15 Research, Development, and Light Manufacturing District: M-1. The purpose of the M-1 District is to encourage the grouping of offices, research offices and laboratories, light manufacturing uses, and ancillary business uses. The District should be accessible to an arterial street designated on the Village Official Map or Village Comprehensive Plan Map. Residential and retail uses are prohibited. Performance standards protect residential areas by rest ricting objectionable manufacturing activities such as noise, vibration, smoke, dust, odors, heat, glare, fire hazards, and other objectionable influences. The minimum size for this District shall be four acres. 5.1-15.1 Minimum Lot Size and Minimum Lot Width at Building Line: The minimum lot size is 25,000 square feet. Each principal building site shall have a minimum frontage of 100 feet on either a public or private street. 5.1-15.2 Maximum Floor Area Ratio: 250% 5.1-15.3 Required Minimum Yards. a. Front Yard: 50 feet for yards located on a major or secondary arterial and 40 feet for all others. b. Side Yard: 10% of lot width or 25 feet whichever is greater, but the total side yard does not need to exceed 50 feet. Building lines shall not be closer than 50 feet from a residential district boundary, unless such residential district boundary falls within a street right-of-way in which case it shall not be closer than 125 feet. No structures, drives, parking lots, parked cars or other obstructions may be located within six feet of the residential boundary line within a yard adjoining a residential district. c. Rear Yard: 30 feet except when adjacent to residential districts, in which case a 50 foot minimum rear yard shall be required. 5.1-15.4 Building Lines for Accessory Buildings. An accessory building shall be built only in the rear yard of a principal building and shall have a building line of at least 25 feet from the rear and side property lines, except as otherwise provided by subsection 6.6-5. When the rear of the property lines are also the street property lines and are not the boundaries of residential zoning districts, the required yard shall be 50 feet on major and secondary arterial streets and 40 feet on all other streets. 5.1-15.5 Conditions of Use. All uses permitted in this district shall be subject to the following conditions of use: a. Any production or processing of goods, materials or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties. b. All research, business, production, servicing and processing shall take place within completely enclosed buildings unless otherwise specified. Within 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 eight feet high, but in no case lower in height than the enclosed storage and suitably landscaped. ZONING REGULATIONS 28-48 REVISED 04/16/18 Open off-street loading facilities and open off-street parking of motor vehicles under one and one-half ton capacity may be unenclosed throughout the District, except for such screening of parking and loading facilities as my be required under applicable provisions of this Chapter. c. Every principal building shall be located on a lot which is a lot of record in an approved subdivision approved by the Village of Arlington Heights after February 1, 1964. 5.1-16 Limited Heavy Manufacturing District: M-2. The purpose of the M-2 district is to provide adequate space in appropriate locations for manufacturing and other activities. This district should be accessible to major railroads and arterial streets designated on the Village Official Map or Village Comprehensive Plan Map. Residential and retail uses are prohibited. Performance Standards protect residential areas by restricting objectionable manufacturing activities such as noise, vibration, smoke, dust, odors, heat, glare, fire hazards, and other objectionable influences. The minimum size for this District shall be four acres. 5.1-16.1 Maximum Floor Area Ratio: 250% 5.1-16.2 Required Minimum Yards: a. Front Yard: 15 feet except where lots within the same block and comprising 40% of the frontage on the same street are already developed on the effective date of this code, with front yards with an average depth of less than 15 feet, then such average depth shall be the required front yard depth for such frontage in said block. b. Side Yard: 10% of lot width but does not need to be greater than ten feet. c. Rear Yard: 30 feet when property abuts a residential district. No storage or parking shall take place within 15 feet of the rear lot line. 5.1-16.3 Conditions of Use. All uses permitted in this district are subject to the following conditions of use: a. Any production or processing of goods, materials, or products shall take place without creating disturbing influences to the use and occupancy of adjoining properties. b. All business, production, servicing and processing shall take place within completely enclosed buildings, unless otherwise specified. Within 150 feet of the nearest point of any residential 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 wall or fence, including solid doors or gates thereto, at least eight feet high but in no case lower in height than the enclosed storage. However, open off-street loading facilities and open off-street parking facilities for the storage of motor vehicles may be unenclosed throughout the district except for such screening of parking and loading facilities as may be required under the provisions of Section 6.16. 5.1-17 Public Land District: P-L. The purpose of the P-L district is to provide areas for public facilities which serve the citizens of Arlington Heights. Such facilities shall be developed in accordance with an approved Planned Unit Development. ARLINGTON HEIGHTS MUNICIPAL CODE 28-49 REVISED 04/16/18 5.1-17.1 Maximum Floor Area Ratio: 250% 5.1-17.2 Required Minimum Yards: a. Front Yard: 15 feet except where lots within the same block and comprising 40% of the frontage on the same street are already developed on the effective date of this code, with front yards with an average depth of less than 15 feet, then such average depth shall be the required front yard depth for such frontage in said block. b. Side Yard: 10% of lot width but does not need to be greater than 10 feet. c. Rear Yard: 30 feet when property abuts a residential district. No storage or parking shall take place within 15 feet of the rear lot line. 5.1-17.3 Conditions of Use. a. All trucks entering the P-L district for the delivery of raw materials or conveyance of products manufactured or processed within the district shall have access from an arterial or collector street designated on the Village Official Map or Village Comprehensive Plan Map and shall not traverse any local street entering a residential district; provided, however, that this shall not apply where the delivery of products is necessary for the construction of minor streets or individual residential, principal or accessory buildings in residential districts, or where ingress or egress is required by vehicles and equipment to service the district, and there is no direct access from major or primary thoroughfares. b. Storm drainage and wastewater shall be disposed of in underground public sewers and shall not be permitted to drain on the surface of public streets. 5.1-18 Overlay Zoning District – Council Trail/Arlington Heights Road. The purpose of the overlay district is to assure that future development of the Council Trail / Arlington Heights Road area is properly developed by encouraging unified, cohesive development. The following conditions of use shall supplement the underlying zoning for the area, but shall supersede the underlying zoning where different. 5.1-18.1 Conditions of Use: a. Building Height: maximum 45 feet; b. Building Setbacks, Front, Side, Rear: minimum 100 feet; c. Parking Lot Setback, East and West Yards: minimum 30 feet; d. Landscaping: 1. Landscaping between the east property line and parking lot shall include a mix of eight foot tall Austrian Pines, six foot tall River Birch ornamental trees, six foot tall crabapple trees, four inch caliper Weeping Willow trees and a dense continuous planting of six foot tall Nigra Arborvitae. ZONING REGULATIONS 28-50 REVISED 04/16/18 2. Landscaping between the north property line and the parking lot shall include a six foot tall board on board fence adjacent to the single family homes fronting on Emerson Street and a mix of eight foot tall Colorado Spruce trees, six foot tall Crabapple trees and four inch caliper shade trees. 3. Detention basin landscaping shall include a mix of four inch caliper shade trees and ornamental trees, as well as various deciduous shrubs and groundcovers. 4. Landscaping of vehicular entryways shall include median landscaping consisting of six foot tall shade or ornamental trees and 24 inch deciduous shrubs, as well as a row of four inch caliper shade trees on both sides of the entryways. A mix of deciduous shrubs and groundcovers shall be provided at the entryways. 5. Perimeter landscaping along Arlington Heights Road and Council Trail shall include a mix of four inch caliper shade trees and ornamental trees, as well as deciduous shrubs and groundcovers. 6. Other comparable species may be substituted with the approval of the Planning Department. e. Cross Access Easement. Cross access easements are required to allow the adjacent commercial parcel to the north access to the driveway at Pickwick Road and the driveway at Council Trail. These easements shall be established at a time when the adjoining property to the north is developed for commercial uses and include mutual maintenance provisions. f. Access. Access shall be limited as follows: no access to Tonne Road; no access to Foster Street; one access drive to Arlington Heights Road; and one access drive to Council Trail. g. Driveway Locations. The driveway along Arlington Heights Road shall align with Pickwick Road and include two outbound lanes and one inbound lane subject to Illinois Department of Transportation approval. The driveway off of Council Trail shall be located a minimum of 120 feet east of the Arlington Heights Road right-of-way line as measured to the center of the driveway. h. Parking. Parking shall not be required for basement space which is dedicated to storage and mechanical equipment. i. Right-of-Way Dedications. Dedication of right-of-way for Arlington Heights Road, Council Trail and Tonne Road shall be required as determined by the Engineering Department. j. Public Improvements. Roadway improvements shall be required, as determined by the Engineering Department as follows: 1. The north half of Council Trail along the entire south property line shall include pavement, storm sewer, curb and gutter, sidewalks, and street lighting. Pavement improvements shall include widening of Council Trail for one northbound right turn lane and one southbound left turn lane. ARLINGTON HEIGHTS MUNICIPAL CODE 28-51 REVISED 04/16/18 2. The Arlington Heights Road median between Emerson Street and Pickwick Road shall be re-striped to accommodate a two-way, bidirectional left hand turn lane, subject to Illinois Department of Transportation approval. 3. Additional improvements to Arlington Heights Road may be required by the Illinois Department of Transportation. 4. Prior to issuance of a building permit, the developer shall provide an escrow for 33% of the estimated costs of construction for a traffic signal (and warrant study) at the intersection of Council Trail and Arlington Heights Road. The cost estimate shall be determined by the Engineering Department and take into account yearly inflationary rates. If the signal is not constructed within five years of issuance of a certificate of occupancy, then the escrow shall be returned to developer. k. Loading areas. As stipulated in Chapter 28, Section 11.7, loading areas shall not be required. 5.1-19 Overlay Zoning District – Euclid Avenue / Rohlwing Road. The purpose of the overlay district is to encourage a high quality, high density, mixed use development given the area’s proximity to Route 53 and Arlington Park / Metra station. The following conditions of us e shall supplement the underlying zoning for the area, but supersede the underlying zoning where different. 5.1-19.1 Conditions of Use: a. Minimum Lot Size: Dwelling Units above the first floor: 1 Bedroom or less: 300 square feet per dwelling unit; 2 Bedrooms: 400 square feet per dwelling unit; b. Building Setbacks: 15 feet along Euclid Avenue; 15 feet along Rohlwing Road; 70 feet along Salt Creek Lane. c. Parking Lot Setbacks: 15 feet along Euclid Avenue and Rohlwing Road; 10 feet along Salt Creek Lane. d. Prohibited Uses: The following uses shall be prohibited: Automobile Service Stations; Motor Vehicle Repair, Minor; Motor Vehicle Sales and Incidental Rental of Motor Vehicles; Motor Vehicle Sales Lots; Pawn Shop / Cash Converter; Currency Exchanges. Funeral Parlors / Mortuary; Animal Hospitals. ZONING REGULATIONS 28-52 REVISED 04/16/18 e. All development shall be subject to an approved Planned Unit Development. 5.1-20 Overlay Zoning District – Hickory Kensington Area. The purpose of the overlay district is to implement the goals of the Hickory Kensington Area Plan by establishing development guidelines specific to the redevelopment area. The following conditions of use shall supplement the underlying zoning for the area, but supersede the underlying zoning where different. 5.1-20.1 Conditions of Use: a. Building Height: R-6 Minimum: 30’ Maximum: 40’ R-7 Minimum: 35’ Maximum: 55’ B-2 Minimum: 40’ Maximum: 60’ b. Floor Area Ratio: R-7 250% B-2 No Requirement c. Building Lot Coverage: R-7 60% d. Building Setbacks: Public Street Frontages: R-6 R-7 B-2 B-3 Minimum: 10’ 8’ 0’ (10’ on Kensington) 10’ on Kensington Maximum: 15’ 10’ 5’ (15’ on Kensington) 15’ on Kensington Front: R-6, R-7, B-2: No Requirement Side: R-6 10% of lot width (5’ minimum, 30’ maximum) R-7 10% of lot width (5’ minimum, 30’ maximum) B-2 In the case of walls having window openings there shall be a minimum open space of 25’ between buildings Rear: R-6 30’ R-7 30’ B-2 30’ e. Minimum Lot Size – Multiple Family B-2 1 bedroom or less 450 sq. feet per unit 2 bedroom 750 sq. feet per unit f. Spacing Between Buildings ARLINGTON HEIGHTS MUNICIPAL CODE 28-53a REVISED 07/15/19 R-6 10’ R-7 10’ g. Parking – Residential B-2 1.5 spaces per unit h. Parking Lots: Surface. R-6, R-7, B-2 No more than 33% of a development can be allocated to surface parking lots. i. B-2: First floor commercial shall not be required fronting Campbell Street j. Prohibited Uses: Single-Family Detached; Institution, Residential; Schools: Elementary, High and College (Public and Private); Churches, Synagogues and other places of worship (including lodging); Day Care Centers k. Buildings constructed prior to February 20, 2012 in areas zoned M-2 as set forth on the Village’s Zoning Map, dated January 1, 2013 can be occupied by uses permitted in the M- 2 Limited Heavy Manufacturing District as set forth in the Permitted Use Table. l. All development shall be subject to an approved Planned Unit Development consistent with the Hickory/Kensington Area Plan. (Ord. #19-021) Section 28-5.1-21 Overlay Zoning District - South Arlington Heights Road. The purpose of the overlay zoning district is to implement the goals of the South Arlington Heights Road Corridor Plan by establishing guidelines specific to the corridor area. The following conditions of use shall supplement the underlying zoning for the area, but supersede the underlying zoning where different. Section 5.1-21.1 Conditions of Use: a. Height: 200 feet (20 floors). b. Parking Lot Setback: 15 feet from public right of way. c. Sidewalks along major arterials: Setback 8 to 10 feet from curb. d. Building Setbacks: 3 floors and less: 15 feet; over 3 floors: 50 feet; e. Parking: Studio: 1.0 parking spaces per unit; 1 bedroom: 1.5 parking spaces per unit; ZONING REGULATIONS 28-53b REVISED 07/15/19 2 bedroom+: 2.0 parking spaces per unit; f. Density: Studio: 250 square feet of land per dwelling unit; 1 bedroom: 300 square feet of land per dwelling unit; 2 bedroom+: 400 square feet of land per dwelling unit; g. Prohibited Uses: motor vehicle repair, auto/motor vehicle sales; pawn shops, currency exchanges; second hand stores. h. Planned Unit Development (PUD) Required. i. First floor commercial required for buildings that front Algonquin Road and Arlington Heights Road frontage. j. Building Lot Coverage: 75% k. Development should include sustainable development features such as but not limited to, permeable pavers, green rooftops, electric charging stations, energy efficient building products, bioswales, solar energy. ARLINGTON HEIGHTS MUNICIPAL CODE 28-53c REVISED 07/15/19 5.1-22 Outdoor Eating Cafés on Private Property. Restaurants located in the B-1, B-2, B-3, and B-5 Districts may seek permission to have an Outdoor Eating Café on Private Property. Such cafés are eligible for the Special Use Waiver process set forth in Section 8.7 of this Chapter and must meet the following conditions: a. The outdoor café may only be an incidental use to an existing restaurant that has obtained a special use permit or special use waiver from the Village; b. All tables, chairs, and other appurtenances shall be installed in such a manner that they can be easily removed during winter months and/or if required by the Village and must be designed to withstand a wind pressure of not less than 30 pounds per square foot; c. The sale and consumption of alcoholic beverages in the outdoor café shall be restricted by the liquor license governing the restaurant; d. The outdoor café shall not be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity; e. The outdoor cafe may only be open between the hours of 6:00 a.m. and 11:00 p.m.; f. The proprietor shall provide adequate outdoor refuse disposal as required by the Village’s Health Department; and g. The following design criteria apply to all outdoor cafés: 1. Outdoor furnishings, materials and their color should be selected for continuous harmony and aesthetic quality with the adjoining buildings and streetscape. Materials shall be of durable quality such as wrought iron; light gauge materials like aluminum and plastics shall be generally discouraged. Weather resistant wood is allowed only as a secondary accent material; 2. Colors shall be harmonious; brilliant or bright colors shall be used only for accent; and 3. Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures shall be taken to correct damage or decline due to the elements, neglect or abuse. 5.1-23 Outdoor Eating Cafés on Public Property. Restaurants located in the B-5 District may seek permission from the Village to have an Outdoor Eating Café on public property. Such cafés are eligible for the Special Use Waiver process set forth in Section 8.7 of this Chapter and must meet the following conditions: a. The use of public sidewalks for restaurant tables shall only be permitted incidental to the operation of a restaurant on private contiguous property that has obtained a special use permit or special use waiver from the Village; b. In no event shall the operation of the sidewalk cafe reduce the open portion of the public sidewalk to less than five feet clear of all obstructions (i.e. street lighting, benches, trees, ZONING REGULATIONS 28-54 REVISED 07/15/19 trash receptacles, etc.); c. No permit shall be issued until the applicant enters into a lease of the right-of-way, signs a hold harmless agreement and submits to the Village evidence of general liability insurance and dram shop insurance, including the Village as a named insured and insuring the Village against any liability resulting from the uses permitted by the adopted ordinance. Minimum coverage shall be $1,000,000 for general liability insurance and $300,000 for dram shop insurance and shall have no less than an “A” rating by the most recent AM Best Insurance Rating Guide; d. All maintenance and upkeep of the public right-of-way associated with the operation of the outdoor cafe shall be the responsibility of the owner of such cafe (upkeep includes the replacement of damaged public property, i.e. brick pavers); e. All outdoor cafe permits shall be subject to an annual review and such permits may be revoked at any time on 30 days’ notice; f. Tables to be placed within the Village’s right-of-ways shall not have a surface area greater than nine-square feet, shall be easily removable and cannot, in any way, impede safe pedestrian movement; g. All tables, chairs, and other appurtenances shall be installed in such a manner that they can be easily removed during winter months and/or if required by the Village and must be designed to withstand a wind pressure of not less than 30 pounds per square foot; h. The sale and consumption of alcoholic beverages in the outdoor café shall be restricted by the liquor license governing the restaurant; i. The outdoor café shall not be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity; j. The outdoor cafe may only be open between the hours of 6:00 a.m. and 11:00 p.m.; k. The proprietor shall provide adequate outdoor refuse disposal as required by the Village’s Health Department; l. The following design criteria apply to all outdoor cafés: 1. Outdoor furnishings, materials and their color should be selected for continuous harmony and aesthetic quality with the adjoining buildings and streetscape. Materials shall be of durable quality such as wrought iron; light gauge materials like aluminum and plastics shall be generally discouraged. Weather resistant wood is allowed only as a secondary accent material; 2. Colors shall be harmonious; brilliant or bright colors shall be used only for accent; 3. Materials and finishes shall be selected for their durability and wear as well as for their beauty. Proper measures shall be taken to correct damage or decline due to the elements, neglect or abuse. ARLINGTON HEIGHTS MUNICIPAL CODE 28-55 REVISED 07/15/19 5.1-24 Outdoor Sale of Christmas Trees in a Residential District. The outdoor sale of Christmas trees and ancillary items is permitted in the following Districts: R-E, R-1, R-2, R-3, B- 2, and B-3.With regard to the R-E, R-1, R-2, and R-3 Districts, the outdoor sale must be in conjunction with a church use. For all listed districts, the sale is only permitted for a 30-day period each year. The 30-day period may be determined by the business operator and shall be subject to the following conditions: a. That such sales shall not substantially reduce the parking so as to create a shortage of available customer parking; b. That the location and use of the tree sales and accessory equipment on the site be handled in a manner that will not create a disturbance to surrounding residential properties as determined by the Building Commissioner; c. That the remaining debris be mulched and removed from the location, and all temporary structures be removed from the location; d. That the operation of outdoor Christmas tree sales be permitted between the hours of 9:00 a.m. and 9:00 p.m. and that all lighting and other equipment be turned off when the business is not in operation; e. No living quarters shall be permitted in conjunction with the Christmas tree sales operation. 5.1-25 Administrative Occupancy Requirement for Community Residence, Large (5 to 8 persons). A community residence housing five to eight developmentally disabled persons is permitted in all Residential Districts (R-E, R-1, R-2, R-3, R-4, R-5, R-6, and R-7) as well as the Institutional District. In order to receive an Administrative Occupancy Permit, the following conditions must be met: a. The residence shall be licensed by the State; and b. The residence shall be located within 1,200 lineal feet (as measured property line to property line) from an existing or approved Community Residence, Large; u nless petitioner can prove that the legitimate government interest of normalization through dispersion can be maintained. c. All codes, regulations and policies of the Village of Arlington Heights shall be complied with; and d. Each residence shall provide one parking space per employee present plus one space for each resident who owns and/or operates a motor vehicle. All required parking shall be accommodated in the residence’s garage and driveway. If any of the above requirements cannot be met, then the Community Residence shall be required to obtain a Special Use Permit. ZONING REGULATIONS 28-56 REVISED 09/03/19 All community residences obtaining an Administrative Occupancy Permit are required to renew their permit annually, including providing the Village with a copy of their current State license. Any increase in the number of residents living in the facility beyond what the Administrative Occupancy Permit allows will require reapplication by the community residence operator. 5.2 Minimum Areas for Zoning Districts. The minimum areas that may constitute a separate or detached part of any of the following zoning districts on the Comprehensive Amended Zoning Map or subsequent amendments to said Zoning Map shall be as shown in the following table. When a zoning district is directly across the street from or abuts a district of the same or a less restrictive classification, the area of the land directly across the street or abutting the property may be included in the calculations in meeting the minimum requirements. (Refer to specific zoning district classification for minimum area requirements.) (Ord. #03-065) 5.3 Development Standards. 5.3-1 Minimum Lot Size and Minimum Lot Width. Minimum lot size shall be based on lot area as defined in Section 3.68. 5.3-2 Intentionally Left Blank 5.3-2 Maximum Floor Area Calculation for One-Family Dwelling Districts 5.3-3.1 Maximum Floor Area Calculation for Single Family Lots in R-1, One Family Dwelling: a. Lots up to 8,750 sq. ft. = LA x 0.35 b. Lots over 8,750 sq. ft. up to 20,000 sq. ft. = 3062 + [(LA – 8750) x 0.26] c. Lots over 20,000 sq. ft. = LA x 0.30 5.3-3.2 Maximum Floor Area Calculation for Single Family Lots in R-2 and R-3 One Family Dwelling: a. Lots up to 8,750 sq. ft. = LA x 0.45 b. Lots over 8,750 sq. ft. = 3938 + [(LA – 8750) x 0.4] 5.4 Intentionally Left Blank (Ord. #19-030) 5.5 Permitted Uses. No principal building, structure or land use shall be permitted except in the zoning districts indicated and for the purposes permitted in the following table. Each use is mutually exclusive and does not encompass other uses listed in the table. A principal use listed in that table in any district denoted by the letter “P” is permitted by right provided that all other requirements of state law, this Chapter, and all other applicable ordinances and regulations have been met. A principal use listed in the Table in any district denoted by the letter “S” is a special use and permitted only subject to the provisions of Section 8. A principal building structure or use not indicated in any district by either an “P” or an “S” is not permitted in that district. 5.5-2.1 Similar and Compatible Uses. Uses that are not specifically listed in Section 5.5-1, ARLINGTON HEIGHTS MUNICIPAL CODE 28-57 REVISED 09/03/18 (Permitted Use Table) but are clearly similar and compatible to uses listed in said section, may be allowed provided that the use complies with the same conditions as would be applied to the compatible use. Determination of what constitutes “clearly similar and compatible” shall be made by the Village. Ord. #17-027, #18-010, #18-020, #19-030) 5.5-1 Permitted Use Table. Residential Uses RE R1 R2 R3 R4 R5 R6 R7 I B1 B2 B3 B4 B5 PL Antenna Non Commercial p p p P p p p Community Residence, Small & Large p p p p p p p p p Shelter Care Homes s s s s s s s s Apartment-Multi Family Buildings p p p s Day Care Homes p p p p p p p p p Dwelling Units and lodging rooms (if business uses for such uses occupy the ground floor p p p p One Family Attached Dwellings p p p p One Family Detached Dwellings p p p p p p p p Golf Course s s s s s p s ZONING REGULATIONS 28-58 REVISED 06/18/18 Commercial Uses B1 B2 B3 B4 B5 I OT PL M1 M2 Retail Stores/Sales (not otherwise listed) p p p p p Adult Business p Agricultural Implement Sales and Service within wholly enclosed building p Amusement Facility, Large s s Amusement Facility, Small p p Animal Hospitals p p Antenna Commercial s s s s s s s s s s Arts and Craft Studios/Galleries p p p p p Auction Rooms p p p p Auditorium, Stadium, Meeting Hall, Gymnasium or other similar places for public events s s s Auto Car Wash s Auto Service Station, with or without convenience marts s s Bakery p p p p Banks and Financial Institutions p p p p p Banquet Halls s s s Barber, Beauty Salon p p p p p Brew Pubs s s s s Broadcasting Station TV, Radio p p p p p p Bowling Alleys p p s Building Material Sales p p Carpet Cleaning and Service p Catering Establishments s p p p Clubs and Lodges, Private s s s Community Center, Recreation Building Municipal or Non-Profit s s s s s s Construction Yard p Contractor Office & Design Showroom (no vehicle storage p p p p p p p Convenient Mart and Food Store p p p p p Contractor Shops p p p Currency Exchanges p p p p Dance Halls s s Day Care Centers s s s s s s Drive-Through when used in conjunction with uses otherwise permitted s s s Drug Store and Pharmacy p p p p Electrical Equipment Sales p p Fairgrounds Kiddie Parks s Food Stores p p p p p Foot Massage p p p p s Funeral Parlor, Mortuary p p p Garden Center p p p Health Club p p p Hotel s s s Interior Decorator Shops p p p p p Kennel, Commercial s Laundry Dry Cleaning up to 5,000 sf p p p p p Liquor Stores, Package Goods Only p p p p Machinery Sales and Service p p Medical Dental Orthopedic Appliance and Instrument Supply Sales p p p Microbrewery, 2,500 square feet or less Note: the retail portion shall not exceed 35% of the total floor area of the unit or building occupied and shall be segregated from the remainder of the premises p p p ARLINGTON HEIGHTS MUNICIPAL CODE 28-59 REVISED 06/18/18 Commercial Uses B1 B2 B3 B4 B5 I OT PL M1 M2 Microbrewery, more than 2,500 square feet but less than 4,000 square feet Note: the retail portion shall not exceed 35% of the total floor area of the unit or building occupied and shall be segregated from the remainder of the premises s s s Monuments Sales p Motor Vehicle Rental s p p Motor Vehicle Repair Major p p Motor Vehicle Repair Minor s p Motor Vehicle Sales, including auxiliary service s p Motor Vehicle Sales Lots when contiguous to and adjoining auto sales room under same owners s p Music Conservatories or Instruction p p p p p Offices, Business and Professional p p p p p p p p p p Offices, Medical and Dental incl. labs p p p p p p p p Pawn Shop Cash Converter p p Personal Trainer (limited to 2 clients at a time per trainer; and no more than 4 personal trainers on site at one time p p p p p p p Photographers p p p p p p Photographers, incl. photo developing processing p p p p p Physical Rehabilitation Center p p p p s p p Post Office not incl. bulk distribution p p Printing Services Retail p p p p p Private Library, Museum or Other Similar Buildings s s s s Railroad Passenger Stations s s Recreation Facilities Commercial incl. Health Club p p p p p p Recreational Vehicles and Boars, Sales/Supplies p Repair Major p p Repair Minor p p p p Restaurant s s s s Restaurant Amusement Device Arcade s s School, Commercial p p p p p p p Secondhand Store p p p p Security and Guard Firms p p p p Sign Painting Shop (enclosed) p p Studios Recording p p p p p Tailor, Dressmaking Shop p p p p p Taxicab Dispatching Office p p p Theaters, Excluding Drive-Ins p p p Ticket Agencies p p p p p Tool and Die Shop p p p p Travel Bureau and Transportation Ticket Offices p p p p p p p p ZONING REGULATIONS 28-60 REVISED 06/18/18 Institutional Uses RE R1 R2 R3 R4 R5 R6 R7 I Cemeteries/Mausoleums s s s s Places of Worship p p p p p p p p p Care Facility, Ambulatory p Care Facility, Longer, Intermediate, Extended p Health and Medical Institutions, Hospitals p Institution Residential s s s s p Schools s s s s s s s s Manufacturing/Processing Uses M1 M2 B3 Products made from fabrics and similar materials and textile mill products p Bakery Products, Wholesale & Production p Beverages Bottling and Distributing p p Beverages – Non Alcoholic p Brewery (including microbreweries) up to 20,000 square feet Note: The retail portion shall not exceed 10% of the total floor area of the unit or building occupied and shall be segregated from the remainder of the premises. Facilities greater than 4,000 square feet shall not be permitted on a zoning lot contiguous to a residential district. p p Carpet Cleaning on Premises p Canned Food Products p Ceramic Products p p Computers p p Concrete Gypsum & Plaster Products p Containers, Pallets and other similar products p Cosmetics, Perfumes & other similar products p Dairy Products p Drugs p p Dwelling Unit for Caretaker located on premises p p Electronic Components and Lighting and Wiring Equipment p p Furniture/Fixtures p Glass Products made of purchased glass p Household Appliances p Instruments and Supplies – Medical, Dental, Engineering p p Jewelry, Silverware and Plated Ware p p Leather (not including tanning) and Vinyl Products p Metal Products, Fabricated – except machinery and transportation equipment p Musical Instruments p p Office and Art Supplies p Paper Products from converted paper-paperboard p Photographic Equipment & Supplies, Developing/Processing p p Plastic Products, Fabricated p Pottery and Related Products p p Printing Ink p Printing, Publishing p p Radio and Television/Communication Equipment p p Rubber Products, Fabricated p Signs and Advertising Displays p Silver Plating and Repairing p p Structural Clay Products, Cut Stone and Stone Products p Sugar and Confectionary Products p Tool and Die Shops p p Toys; Sporting Goods p Watches, Clocks, Clockwork Operated Devices and Parts p p Storage Facility (not located along major or secondary arterial streets) p p Wholesale and Warehouse Facility p p Wholesale Offices (including warehouses and storerooms) p p p ARLINGTON HEIGHTS MUNICIPAL CODE 28-61 REVISED 06/19/17 Other Uses I OT B1 B2 B3 B4 B5 PL M1 M2 Facilities Owned and Operated by the Village of Arlington Hts., AH Memorial Library & branches thereof and the AH Park Dist. s Parking Garage, Private Customer/Employee s s s s s s s s s s Private and Public Utility Facilities Heliport s s s s s s s s (Ord. #11-024) 5.5-2 Permitted Use Table: Solar Energy Systems ZONING SOLAR GROUND SOLAR WALL SOLAR ROOF R-E P P P R-1 P P P R-2 P P P R-3 P P P R-4 P P P R-5 P P P R-6 P P P R-7 P P P B-1 P P P B-2 P P P B-3 P P P B-4 P P P B-5 P O-T P P P O-R P P P I P P P M-1 P P P M-2 P P P P-L P P P Section 28-6 – General Provisions 6.1 Interpretation. 6.1-1 In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare. 6.1-2 Where the conditions imposed by an provision of this Chapter 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 of this Code or of any other law, ordinance, resolution, rule or regulation of any kind, the regulations which are more restrictive (for which impose higher standards or requirements) shall govern. 6.1-3 This Code is not intended to abrogate any easement, covenant, or any other private agreement provided that where the regulations of this Code are more restrictive (or impose higher standards or requirements) than such easements, covenants or other private agreements, the requirements of this Code shall govern. ZONING REGULATIONS 28-62 REVISED 10/11/01 6.2 Scope of Regulations. Except as may otherwise be provided in Section 7, “Non- Conforming Uses and Buildings,” all buildings erected hereafter, all uses of land or buildings established hereafter, all structural alteration or relocation of existing buildings occurring hereafter, and all enlargements of or additions to existing uses occurring hereafter shall be subject to all regulations of this Code which are applicable to the zoning districts in which such buildings, uses or land shall be located. However, where a building permit for a building or structure has been issued in accordance with law prior to January 1, 2003, and provided that construction is begun within one year of such effective date and diligently prosecuted to completion, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued, and further may upon completion be occupied under a certificate of occupancy by the use for which originally designated – subject thereafter to the provisions of Section 7, “Non-conforming Uses and Buildings.” 6.3 Access to Public Street. Every principal building hereafter erected shall be on a zoning lot or parcel of land which adjoins a public street or a permanent easement of access to a public street; such easement to be at least twenty feet wide unless a lesser width was duly established and recorder prior to January 1, 2003. 6.4 Permits. No application for a building permit or other permit or license, or for a certificate of occupancy, shall be approved by the Director of Building & Life Safety, and no permit or license shall be issued by any other Village Department which would authorize the use or change in use of any land or building contrary to the provisions of this Code, or the erection, moving, alteration, enlargement or occupancy of any building designed or intended to be used for a purpose or in a manner contrary to the provisions of this Code. The Director of Building & Life Safety may, however, issue building permits or certificates of occupancy for residential structures erected on lots having less than the required width and/or area when such lots are part of a subdivision approved by the President and Board of Trustees subsequent to January 1, 2003, if the lot width and/or area is no less than 90% of the requirement imposed by this Chapter and the structure conforms in all other respects with the provisions of this Code. (Ord. #11-034) No contractor or builder shall construct two or more buildings of like exterior design on the same side of any street unless such buildings are separated by two or more buildings or building sites, or a combination thereof, of completely dissimilar design. Buildings of like exterior design may not be erected directly across the street from each other. All buildings shall be considered to be of "like exterior design" unless they have substantially different floor plans, elevations, and are substantially different in exterior appearance in the opinion of the Code Official. (Ord. #11-024) 6.5 Accessory Structures. 6.5-1 Where an accessory structure is structurally attached to a main building it shall be subject to, and must conform to, all regulations of this Chapter applicable to the main building. (Ord. #03-065, #05-082) 6.5-2 An accessory structure including but not limited to a tool shed, storage building, detached garage, tree house or gazebo, shall only be located in a rear yard. An accessory structure may be ARLINGTON HEIGHTS MUNICIPAL CODE 28-63 REVISED 04/16/18 located no less than three feet from a side lot line (except for a tree house which shall be setback five feet and no closer than ten feet to the principal structure), and no less than five feet from the rear lot line. No more than three accessory structures shall be permitted on any zoning lot less than 10,000 square feet and no more than four accessory structures shall be permitted on any zoning lot 10,000 square feet or greater. 6.5-3 On a reversed corner lot, no accessory building shall be located in the front yard, if extended, of the adjacent property to the rear. When this requirement will make it impossible to build, it will be permitted to construct an accessory structure no closer to the side lot line abutting the street than two-thirds the required front yard on the adjoining lot. In no case shall it be p ermitted to construct an accessory structure beyond the building line established for the main building. 6.5-4 Time of Construction. No accessory structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory. (Ord. #07-018) 6.5-4a All driveways and detached garages must be designed to conform with the existing adjoining grade. If the petitioner can demonstrate, to the reasonable satisfaction of the Village, that it is not feasible to have the foundation and driveway to conform to the grade, appropriate screening, approved by the Village, must be incorporated. Such screening can be a retaining wall with a finished exterior, a solid screen using landscaping or a fence or some other decorativ e treatment, which sufficiently reduces the visual impact of the foundation and driveway. 6.5-5 Percentage of Required Rear Yard Occupied. No accessory structure or structures shall occupy more than 40% of the area of a required rear yard. 6.5-6 Height of Accessory Structures in Required Rear Yards. No accessory structure or portion thereof shall exceed a height of 15 feet above grade; except that no tree house may be taller than the highest point of structure and in no case shall a tree house be taller than 15 feet. (Ord. #03-065, #05-082, #18-010) 6.5-7 Maximum Size of Accessory Structures. a. Detached Garage: 720-sq. ft. i. Floor Area in excess of 400 square feet shall be included in the Maximum Floor Area Ratio. ii. Floor Area Bonus for Detached Garages. In determining the floor area ratio for lots having a detached garage and no other garage, 100% of the floor area of the detached garage shall be excluded from the FAR calculation. A FAR bonus for a detached garage shall only be allowed if there are no other garages on site, if the structure is architecturally compatible with the principal dwelling unit, and if 50% or more of the existing homes that both front on the same side of the street and are contained between two adjacent streets which intersect that street also have detached garages. iii. Where a detached garage is located in the rear yard, the side drive shall be a minimum of nine feet wide as measured from the exterior wall of the house to the lot line. ZONING REGULATIONS 28-64 REVISED 04/16/18 b. Playhouse, Shed and Gazebo: 300 sq. ft. c. Tree House: 100 sq. ft. (Ord. #11-024) 6.5-7a Maximum Number of Garages. In the R-E, R-1, R-2 and R-3 zoning districts, there shall be no more than two detached garages per zoning lot. 6.6 Bulk Regulations. 6.6-1 Continued Conformity with Bulk Regulations. The maintenance of yards, courts and other open space 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. Furthermore, no legally required yards, courts, other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space, or minimum lot area requirements for any other building. 6.6-3 Location of Required Open Space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group. 6.6-4 Required Yards - Existing Buildings. No yards now or hereafter provided for a building existing on January 1, 2003, shall subsequently be reduced below, or further reduced below if already less than the minimum yard requirements of this code for equivalent new construction. 6.6-5 Permitted Structures in Required Yards. The following shall not be considered to be obstructions when located in the required yards specified. For the purpose of this Section: F Denotes permitted obstruction in front yards and side yards adjoining streets S Denotes permitted obstruction in interior side yard R Denotes permitted obstruction in rear yards ARLINGTON HEIGHTS MUNICIPAL CODE 28-65 REVISED 04/16/18 (Ord. #03-065, #05-082, #11-024, #12-055, #18-010) 6.6-5.1 Table of Permitted Obstructions (F=Front S=Side R=Rear) Arbors and trellises, freestanding F S R Awnings and canopies, (which provides cover for windows and doors) F S R Balconies R Basketball Poles / Structures (minimum set back five feet side and rear lot line, 10 feet front lot line.) F S R Bay Windows, projecting three feet or less in yard F R Central Air Conditioning Compressor Units must be a minimum distance of 10% of the lot width from the side property line. R Chimneys projecting 20-inches or less into the yard F S R Detached Garages R Deck, with a minimum distance of 15 feet from rear lot line R Earth stations, in business and manufacturing districts. If located adjacent to residential district, minimum distance of ten feet from the property line is required (see Section 6.15 of this Code) S R Earth stations, in residential districts, with a minimum distance of 10 feet from the property lines (see Section 6.15 of this Code) R Eaves, overhanging, projecting 2.5 feet or less into the yard. F R Eaves, overhanging projecting into the yard for a distance of 2.5 inches per foot of required yard. S Entryway/ portico, open. Intended to provide cover for a doorway-cannot extend more than 5 feet out from the building and not more than 10 feet across with a minimum of 3.5 feet to side lot line. Steps as are necessary for access to a permitted building with a minimum of 3.5 feet to side lot line or for access to a zoning lot from a street or alley. F S R Fire Pits R Flag poles F S R Generators R Gutters (maximum gutter size – 4 inch) F S R Laundry drying equipment R Non-commercial antenna. In residential districts with a minimum distance of 10 feet from the property lines (see Section 6.15 of this Code). R Outdoor living/kitchen space R Parking (see Section 11.2-11) F S R Patio, open F S R Playhouse, child’s (not to exceed 32-sq. feet in a side yard) with a min. of five feet to lot line S R Recreational Equipment, a min. of five feet from lot line S R Sport Courts (fences for Sport Courts to comply with fence regulations) R Swimming Pools, a min. of 8-ft. from any property line including decks & appurtenances R Tool sheds and similar buildings or structures for domestic storage. R Tree House (Minimum of 5 feet to lot lines) R Window Wells with a minimum of 3 feet setback from the property line and a maximum projection of only 4 feet out from the foundation F S R ZONING REGULATIONS 28-66 REVISED 06/06/11 (Ord. #11-024) 6.6-5.2 Table of Permitted Obstructions for Renewable Energy Systems (F=Front S=Side R=Rear) SOLAR - GROUND MOUNTED SOLAR – WALL MOUNTED GEOTHERMAL ENERGY SYSTEMS (must be three feet from property line) ZONING F S R F S R F S R R-E P P P P P P R-1 P P P P P P R-2 P P P P P P R-3 P P P P P P R-4 P P P P P P R-5 P P P P P P R-6 P P P P P P R-7 P P P P P P B-1 P P P P P P P P P B-2 P P P P P P P P P B-3 P P P P P P P P P B-4 P P P P P P P P P B-5 P P P O-T P P P P P P P P O-R P P P P P P P P I P P P P P P P P P M-1 P P P P P P P P P M-2 P P P P P P P P P P-L P P P P P P P P P (Ord. #03-068) 6.7 Buildings on a Zoning Lot. Every building hereafter erected or structurally altered to provide dwelling units shall be located on a zoning lot as herein defined and in no case shall there be more than one such building on one zoning lot. All adjacent lots, which come under common ownership after November 1, 2003, must be developed in compliance with Chapter 29 of this Code. 6.8 Rezoning of Public and Semi-Public Areas. An area indicated on the zoning map as a public park, recreation area, public or private school site, cemetery or other similar open space, shall not be used for any purpose other than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restrictive adjoining district. 6.9 Enforcement of Development Schedule. Site development plans approved in conjunction with rezoning of property shall be effective for no more than 24-months from the date the ordinance was adopted granting the approval. Unless a building permit has been issued and construction commenced within this time period, all ordinances approving the rezoning, including any other conditions and approvals, shall be void. An extension of up to 12-months ARLINGTON HEIGHTS MUNICIPAL CODE 28-67 REVISED 05/20/13 can be obtained by submitting a detailed request to the Planning and Community Development Department. After appropriate review, the Planning and Community Development Department will transmit the request and its recommendation to the Village Board of Trustees for final determination. In the event that an additional request for extension is made, said request will also be reviewed by the Plan Commission and the Plan Commission will transmit the request with its recommendation to the Village Board of Trustees. Single-family residential subdivisions are not subject to this requirement, but rather the requirements as outlined in Chapter 29. 6.10 Height of Structures. The following may be erected to the height permitted in the existing or hereafter adopted ordinances of the Village: bulkheads, chimneys, cooling towers, cupolas, domes, elevators, fire towers, gas tanks, monuments, ornamental towers, parapet walls, penthouses, radio towers, scenery lofts, spires, stacks, stage towers, tanks, water towers and necessary mechanical appurtenances. 6.11 Vision Clearance. No building or structure hereafter erected and no planting or other obstruction to the vision of drivers of motor vehicles or pedestrians shall be located: 6.11.1 In any "R" Districts, exceeding a height of three feet above the street grade within 12 feet of the intersecting street lines bordering corner lots and between private properties within 12 feet of walks, driveways, bike paths, and walking paths. 6.11-2 In B-1 through B-4 Districts, within 12 feet of the intersecting street lines bordering a corner lot, provided that this regulation shall not apply to that part of a building above the first floor. (Ord. #04-013, #13-025) 6.12 Traffic Engineering Approval. No building permit or occupancy certificate shall be issued, nor shall any request requiring Plan Commission review be approved for those projects outlined in Sections 6.12-1 and 6.12-2, unless the applicant provides at their own expense, a traffic study and parking analysis that evaluates access, on-site circulation, parking, trip generation, trip distribution, impacts to public streets, and any other issue identified by the Village. Section 6.12-1 For Projects Requiring Plan Commission Review. A traffic study and parking analysis prepared by a qualified professional engineer or prepared in a manner acceptable to the Village shall be required for the following projects: 1. All developments with a drive-through. 2. Any rezoning, special use, land use variation, Planned Unit Development, and amendments thereto that: a. is 5,000 square feet or more in floor area and located along a major or secondary arterial street as defined by the Village’s Thoroughfare Plan, b. notwithstanding projects less than 5,000 square feet in floor area and located along a major or secondary arterial street as defined by the Village’s Thoroughfare Plan, do not need to provide a traffic study, but shall be required to provide a detailed parking analysis. The Village reserves the right to require a traffic study if it deems necessary. ZONING REGULATIONS 28-68 REVISED 05/20/13 3. Any rezoning, special use, land use variation, Planned Unit Development, and amendments thereto that is not adjacent to a major or secondary arterial street as defined by the Village’s Thoroughfare Plan. 4. The Village shall reserve the right to require a traffic study and parking analysis for projects requiring subdivision, if it deems necessary. Section 6.12-2 For Projects Not Requiring Plan Commission Review. A traffic study and parking analysis prepared by a qualified professional engineer or prepared in a manner acceptable to the Village shall be required for the following projects: 1. Residential Developments: R-E, R-1, R-2, R-3: 100-dwelling units or more R-4, R-5, R-6, R-7: 48-dwelling units or more 2. Commercial Developments: B-1, B-2, B-3, B-4, B-5, and OT: 20,000 sq. ft. or more Drive-in Uses in any B district: All 3. Industrial Developments: M-1, M-2: 75-cars or more parking requirements or 100 or more anticipated employees. 4. Institutional Developments a. Residential development of 100-units or more, b. Non-residential development of 20,000 square feet or more. 5. The traffic study and/or parking analysis requirements may be administratively waived by the Village, if it determines that requiring such study is not necessary for the successful development of a project. (Ord. #04-059) 6.13-1 Fence Permit Required. No fence shall be erected without having secured a permit from the Director of Building, who shall grant the permit only if the proposed fence is in compliance with all the provisions of this Code and any amendment to it, and if the proposed fence will be erected in a structurally sound manner. 6.13-2 Materials and Type of Construction: a. The use of barbed wire fencing is prohibited; b. All metal fences erected shall be of nine gauge woven wire or its equivalent; c. Fence posts shall be of an approved material and shall be embedded into tamped earth or concrete, to a depth which would assure its structural stability; ARLINGTON HEIGHTS MUNICIPAL CODE 28-69 REVISED 04/16/18 d. All fences must be erected with the finished side facing the adjoining properties; e. Solid fencing is allowed only between certain zoning districts and where otherwise specified in Chapter 28; and f. Slatted chain link fence is prohibited. Exception: In the M-1 and M-2 Districts, slatted fences will be allowed between business properties and to enclose garbage dumpsters but cannot be located adjacent to a street or residential properties. (Ord. #05-082, #18-010) Section 6.13-3 Location of Fences. A fence is a permitted obstruction in any yard with the following limitations: a. Front Yard. Fences shall not exceed a height of 36-inches and shall not contain any sharp points and must be an open fence; and b. Side and Rear Yards. Fences can be solid, open or semi-open and shall not exceed a height of six feet subject to the following: 1. Through Lots. On through lots that are adjacent to non-through lots, fences in yards with road frontages may not exceed 36-inches and shall not contain any sharp points and must be an open fence; 2. Corner Lot. That portion of the side and rear yard with street frontages may have solid, open or semi-open fences erected no closer than five feet to the perimeter of the lot. Landscaping, a minimum of three-foot high and spaced a maximum of 48- inches on center, must be provided along the street side of the fence. The perimeter of the lot is defined as the lot line, sidewalk, or street pavement, whichever is closest to the building. In each instance where the building is closer than five feet to the perimeter of the lot, no fence shall extend beyond the line of the principal building. An open fence, not exceeding a height of 36 inches, shall be allowed anywhere within the Rear Yard and shall not contain any sharp points; and 3. Visibility. Within 12 feet of intersecting property lines at streets, walks, driveways, bike paths, or walking paths, fences shall not exceed 36-inches and shall not contain any sharp points and must be an open fence. c. Exterior Side Yards. Fences shall be allowed in an Exterior Side Yard with the following limitations: 1. A solid, open or semi-open fence, not exceeding a height of six feet shall be allowed no closer than five feet to the perimeter of the lot. Landscaping, a minimum of three feet high and spaced a maximum of 48 inches on center, must be provided along the street side of the fence. The perimeter of the lot is defined as the lot line, sidewalk, or street pavement, whichever is closest to the building. In each instance where the building is closer than five feet to the perimeter of the lot, no fence shall extend beyond the line of the principal building; and ZONING REGULATIONS 28-70 REVISED 10/18/04 2. An open fence, not exceeding a height of 36 inches shall be allowed within the Exterior Side Yard and shall not contain any sharp points. 6.13-4 Wire Gauge. All metal fences erected in the Village shall be at least nine gauge woven wire or its equivalent. (Ord. # 04-059) 6.13-5 Safety Hazards Prohibited. The Director of Building may order any fence removed that is a hazard to public safety or to the free flow of traffic. 6.13-6 For fences required for screening of parking lots, between zoning districts, detention and retention basins, and commercial antenna structures and earth stations, see Section 6.15. 6.14 Non-Commercial Antenna Structures and Earth Stations. (Refer to Chapter 23) 6.14-1 Non-Commercial Antenna and Related Structures. Non-commercial antenna and related structures shall be permitted in all residential districts, subject to Chapter 23, Article XIII. 6.14-1.1 Location. a. Non-Commercial Antenna Structure. Non-Commercial antenna structures may be mounted only on roofs or rear yards with a minimum distance of ten feet from the property lines. Each residence is allowed only one ground structure. In multi-family developments, each building is allowed one ground structure. (Refer to Section 6.6-5 of this Code.) b. Non-Commercial Earth Stations. In residential districts, non-commercial earth stations shall be permitted obstructions in rear yards only with a minimum distance of ten feet from the property lines. On corner lots, no earth station shall be erected outside of the established building line of both street frontages and, where no building line is established, earth stations shall have a minimum setback of 25-feet from property lines fronting on any street or highway. (Refer to Section 6.6-5 of this Code.) 6.14-2 Commercial Antenna and Related Structures. Commercial antenna and related structures are special uses in all non-residential districts and are subject to Chapter 23, Article II. 6.14-2.1 Location. a. Commercial Antenna Structure. Commercial antenna structures may not be located in any required yard. Where no minimum yard is established, commercial antenna structures may be located no closer than ten-feet to any lot line of 25-feet to lot line, if adjacent to a residential district. b. Commercial Earth Stations. In business and manufacturing districts, commercial earth stations shall be permitted obstructions in rear and side yards. If located adjacent to a residential district, a minimum distance of ten feet from the property line is required. 6.14-2.2 Commercial Antenna Standards. The following standards will be considered in addition to those stipulated in Chapter 23, Article II, when determining whether approval of an application for a commercial antenna structure is in the public interest: ARLINGTON HEIGHTS MUNICIPAL CODE 28-71 REVISED 10/18/04 a. The petitioner must demonstrate that there is not technically suitable space available on an existing tower or structure within the geographic area to be serviced. b. A landscaping plan shall be submitted that demonstrates substantial screening of the antenna and related structures from adjacent land uses. Screening must consist of a well- maintained masonry wall of brickwork of stonework, solid wood fence, densely planted compact hedge or berm and hedge. 6.14-2.3 Special Use Waiver for Use of Existing Antenna Structure. The special use requirement for a commercial antenna may be waived if the petitioner locates the antenna on an existing antenna tower or structure. The petitioner must submit detailed plans to the Planning Department for an administrative review to determine if the special use public hearing can be waived. No building permit will be issued until approval is granted through the administrative review. 6.14-3 Location. a. Non-Commercial Antenna Structure. Non-Commercial antenna structures may be mounted only on roofs or rear yards with a minimum distance of 10-feet from the property lines. Each residence is allowed only one ground structure. In multi-family developments, each building is allowed one ground structure. (Refer to Section 6.6-5 of this code). b. Earth Stations. In business and manufacturing districts earth stations shall be permitted obstructions in rear and side yards. If located adjacent to a residential district, a minimum distance of ten feet from the property line is required. In residential districts earth stations shall be permitted obstructions in rear yards only with a minimum distance of ten-feet from the property lines. On corner lots, no earth station shall be erected outside of the established building line of both street frontages and, where no building line is established, earth stations shall have a minimum setback of 25-feet from property lines fronting on any street or highway. (Refer to Section 6.6-5 of this Code). 6.14-4 Building Permit Required. Refer to Chapter 23. A non-commercial antenna and non-commercial earth station shall not be erected without first obtaining a building permit as provided in Chapter 23, unless specifically exempted under the provisions thereof. 6.15 Landscaping. 6.15-1 Landscaping of Parking Lots. 6.l5-1.1 Intent and Purpose. This Subsection establishes ecological and environmental requirements to reduce air and noise pollution and improve the appearance of the Village. The requirements apply to all new construction and to all enlargements or expansion of any structure, related parking or paved service areas if abutting a residential district or street, taking place after the effective date of this amendment to the Municipal Code. (Ord. #04-059) 6.15-1.2 New Landscaping Requirements. ZONING REGULATIONS 28-72 REVISED 01/03/03 a. All paved service areas abutting a residential district or street or off-street parking areas containing more than four parking spaces, shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises or adjoining any public way by a well-maintained wall, fence, densely planted compact hedge designed to provide year round opacity or berm and hedge. 1. Such screening shall be three-feet high on the frontage of a public way, except that in the interests of safety, so the line of sight will not be obstructed, the minimum height shall be lowered at street intersections and driveways to not less than 18 - inches as determined by the Director of Planning and Community Development or designee. 2. Such screening shall be 6-foot high if adjoining a residential district or any institutional premises. b. Landscaped islands equal in area to at least one parking space, protected by durable materials, and containing at least one live shade tree at a minimum of four inches in diameter shall be located at the end of every twenty parking spaces or beneath every light pole, whichever results in the greater amount of planted islands. In addition, these islands shall be located at each end of all rows of car stalls. Open parking areas larger than four but smaller than twenty spaces shall provide proportional amounts of live greenery. Design and plant selection shall be as directed by the Director of Planning and Community Development or designee. 6.15-1.3 In application of this code, the Director of Planning and Community Development or a designee thereof, will be guided by the provisions of “Requirements for Landscape Approval” for the Village of Arlington Heights, and subsequently updated editions to be consistent with amendments to this Code. 6.15-2 Landscaping Requirements Between Zoning Districts. 6.15-2.1 In any O-T, O-R, Business or Manufacturing District where a rear lot line or side line coincides with a side or rear lot line of property in adjacent residential districts, screening along such lot line must be provided. 6.15-2.2 Landscape Requirements between Zoning Districts. Such screening of single items or combination thereof, shall be a total of six feet in height at time of installation and consisting of one or more of the following: a. well maintained masonry wall; as defined as brickwork or stonework, b. solid wood fence; c. offset double row of densely planted landscape material; and d. landscape berm. 6.15-3 Landscaping of Detention and Retention Basins. 6.15-3.1 Landscaping shall be required along the perimeter of detention and retention basins in ARLINGTON HEIGHTS MUNICPAL CODE 28-73 REVISED 01/03/03 order to minimize their negative visual impact. Such landscaping shall consist of trees and shrubs in an amount and arrangement that will create an aesthetic visual situation as determined by the Village Administration. 6.15-3.2 For all retention basins and those detention basins that can be expected to flood to a depth of greater than three-feet, effective yet unobtrusive warning signs shall be required on all sides of the basin. 6.15-4 Landscape Maintenance. Each owner of a building, structure, parking lot, detention basin, or retention basin shall be responsible for maintaining such screening in a well -maintained condition, including, but not limited to: a. Replace dead or inadequate plantings. b. Maintain or repair rotting or missing fence panel sections. c. Paint or stain fences where necessary to avoid deterioration. d. Maintain and repair screening walls and berms. 6.15-5 Protection and Preservation of Existing Trees. 6.15-5.1 Intent and Purpose. This section establishes requirements to protect and preserve existing trees throughout the Village. The requirements apply to all public and private new construction, enlargements or expansion of an y structure, building or parking, service areas, and other construction. Existing developed or contiguous single-family subdivided residential lots and public rights-of-way shall be excluded from the requirements of this section except that single family lots with a potential to redevelop into three or more lots shall comply with these requirements. 6.15-5.2 Tree Removal. No tree having a trunk size of three-inches or greater in diameter, as measured six inches above the established ground level, shall be removed from unimproved or partially improved land prior to receiving approval of a Tree Survey and Preservation Plan from the Planning Department. 6.15-5.3 Protection of Existing Trees. a. Tree Survey - A Tree Survey shall be submitted to the Planning Department for review, by anyone planning any site development. The Tree Survey shall indicate the location, size and species (both scientific and common name) of all trees located on the parcel with a trunk size of 3-inches or greater, as measured 6-inches above the established ground level. b. Integration of Existing Trees into Site and Landscape Plans. Subject to the determination of the Planning Department, a reasonable effort shall be made to retain existing trees on the Tree Survey through the integration of those trees into the site and landscaping plan for a proposed development. If a reasonable integration into the development plan is not possible, the developer may choose to mitigate the trees in dispute based upon the exchange rate set forth in Section 6.15-5.4. Removal of trees designated for preservation shall be allowed only pursuant to the provisions of this Section 6.15-6. In the event that a ZONING REGULATIONS 28-74 REVISED 01/01/03 development plan is not required but a landowner desires to clear the site of trees, a Tree Survey is still required. In such an instance, quality trees will be required to be preserved. c. Tree Preservation Plan - A Tree Preservation Plan indicating the location and species of those trees to be preserved and the methods which are to be used to preserve such trees shall be submitted to the Planning Department. This Preservation Plan shall specify the following: 1. Preservation Techniques: a. Grading and construction equipment - All grading and construction equipment shall be forbidden from encroaching upon the tree’s drip line. b. Material detrimental to trees - Crushed limestone and other materials detrimental to trees shall not be dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. c. Installation of snow fencing - Snow fencing shall be installed during construction at the periphery of the tree’s drip line. In areas where a tree is in the construction zone and fencing the drip line is not possible, two by six inch by eight foot long boards banded or wired around each trunk shall be provided as protection to adequately prevent scarring. d. During construction - If trees have their roots exposed, the roots are to be pruned. If exposed roots are greater than two inches, the tree crown is to be pruned to compensate for the root loss. Also, the tree shall be watered and fertilized. 2. Preservation Methodology - The methods which are to be used to preserve those trees shall be clearly specified on the Preservation Pan. These shall, at a minimum, include the preservation techniques listed above, although alternative methods may be considered. If, in the opinion of the Planning Department, the necessary precautions as specified in the Preservation Plan for the development were not undertaken before or during construction to ensure the preservation of those trees, the building permit for the parcel shall not be issued, or, if previously issued, may be revoked until such time as these precautions have been complied with. 6.15-5.4 Removal of Trees Designated for Preservation. If a tree designated for preservation on the Preservation Plan is destroyed or razed during construction or removed without receiving approval, a permit or in the field adjustments, such trees shall be replaced with new trees in accordance with the following: a. Exchange Rate ARLINGTON HEIGHTS MUNICIPAL CODE 28-75 REVISED 03/19/12 Size of Existing Trees* Number of (diameter in inches) Replacement Trees 36 or greater 8 30 - 35 7 26 - 29 6 20 - 25 5 13 - 19 4 8 - 12 3 3 - 7 2 *Trunk size as measured 6-inches above the established ground level. For the above, in the event of a fraction of an inch, if a fraction is less than one-half inch, the lower full number shall be used. If a fraction is one-half inch or greater, the higher full number shall be used. (Ord. #12-015) b. Minimum Size of Replacement Trees - All replacement trees shall have a minimum trunk size of four inches in diameter, as measured six inches above the established ground level, upon installation. (Ord. #07-038, #12-015) c. Species of Replacement Trees - The following are examples of replacement trees (Ash trees are specifically prohibited): 1. Linden 2. Maple (excluding Silver Maple and other similar softwood species) 3. Hackberry 4. Ginkgo 5. Oak 6. Thornless Honey Locust (cultivars) 7. Kentucky Coffee tree d. Amended Landscape Plan - Removal of trees designed for preservation shall be allowed only by amending the landscape plan and with the approval of the Planning Department. The amended landscape plan shall indicate the location, specie and size of all replacement trees in accordance with the recommendation of the Planning Department. e. In the Field Adjustments - In the field adjustments to trees designated for preservation on the Preservation Plan may be necessary during the course of construction. In such instances, the developer or property owner shall not remove any trees designated for preservation prior to site inspection and/or consultation with the Planning Department. If it is agreed that any tree designated for preservation substantially impedes the development, in the field adjustments may be approved by the Planning Department without the need of a resubmitted Preservation Plan. 6.15-5.5 Tree Survival/Guarantee. Any relocated or replaced tree shall be guaranteed survival for up to one growing season. In the event a relocated or replaced tree dies or is in declining condition, the tree shall be replaced with a 4-inch diameter tree. ZONING REGULATIONS 28-76 REVISED 10/18/04 6.15-6 The requirement of four inch trees set forth in this Code may be waived by the Planning Department if, in the opinion of the Department, a 4-inch tree is not suitable for that location or unavailable, or available but of poor quality. In such cases, the P lanning Department may accept either a smaller tree or a greater quantity of smaller trees. 6.15-7 Compliance Bonds. Upon application for a Building Permit, the owner shall furnish a cash bond in the amount of 30% of the value of the landscape improv ements on the approved Landscape Plan and $200.00 for each tree designated to remain or be transplanted on the approved Tree Preservation Plan. A cost estimate of landscape improvements shall be submitted to the Director of Planning and Community Development or designee which will be used to calculate the bond amount based on the percentage stated above. The owner or developer shall agree that such deposit in escrow may be held by the Village for a period of 18 months after the final completion of such work. This will be held for the purpose of guaranteeing and securing the correction of any defect or death of plant material furnished, transplanted or preserved on site, which was not discernable at the time of final inspection or acceptance by the Village. All improvements covered by the bond of this Section, shall be inspected by the Director of Planning and Community Development or designee during the course of construction and at completion. If such defects have developed, then the cash bond may be applied by the Village for any amounts incurred in correcting such defects; and that the balance of such deposit, if any, held at the end of such 18 - month period shall be returned by the Village to the developer, or paid to the order of the depositor, without interest. 6.16 Home Occupation. (Ord. # 04-059) 6.16-1 Home Occupation. An accessory use of a dwelling unit carried on by members of the immediate family residing on the premises. The use is clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character of the residence or adversely affect the residential character of the surrounding neighborhood. An application for a home occupation shall be filed with the Director of Planning and Community Development. For all Home Occupations, the following standards shall apply: a. No person other than members of the immediate family residing on the premises shall be involved or employed in the Home Occupation. b. There is used no sign other than a nameplate not more than one square foot in area or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling unit. c. No outdoor storage of materials or supplies related to the home occupation shall be permitted. d. There shall be no increased noise, vibration, glare, fumes, odors or electrical interference created by the Home Occupation. e. No exterior aspect of this residential structure shall allow the home occupation to be reasonably recognized as a non-residential use. 6.16-2 Permitted Home Occupations. ARLINGTON HEIGHTS MUNICIPAL CODE 28-77 REVISED 06/06/11 a. Office facility of a salesman, sales representative or manufacturer’s representative provided there is not manufacturing, production or storage on the premises and no more than one client on the premises at a time. b. Office facility of an architect, broker, engineer, insurance agent, land surveyor, lawyer, real estate agent, computer programmer, dentist, physician for consultation only and not more than one client on the premises at a time. c. Telephone answering service and office service to include typing, bookkeeping, transcribing and data entry. d. Instructional services for not more than one pupil at a time. e. Painting, sculpturing, writing and home crafts. Retail sale of such items in the home is prohibited. f. Home product retail sales where orders are taken at the home of others. Production, manufacturing and assembly of such product in the home is prohibited. 6.16-3 Prohibited Home Occupations. a. Catering Services b. Barber Shop and Beauty Salon c. Motor Vehicle Repair d. Restaurants, Tea Rooms e. Commercial Stables, Kennels 6.16-4 Any proposed Home Occupation that is not specifically listed as permitted or prohibited may be considered a Special use Permit subject to review and recommendation by the Plan Commission and approval by the Village Board based upon compliance with the performance standards. (Ord. #11-024) 6.17-1 Performance, Safety and Bulk Regulations for Geothermal Energy Systems. a. All geothermal energy systems shall comply with the following performance and safety standards: i. The system shall be used only for the property on which it is located. ii. All geothermal heat pump equipment must be located within the principal building. iii. The system shall not be located within any utility easements, unless permission is granted by the applicable public and private agencies. b. All geothermal energy systems shall comply with the following bulk regulations: i. Each zoning lot is permitted one geothermal system. ARLINGTON HEIGHTS MUNICIPAL CODE 28-79 REVISED 04/16/18 ii. The system is permitted in the front or rear yard for residential and in any yard for non-residential. iii. The system shall be setback at least three feet from all lot lines. 6.17-2 Performance, Safety and Bulk Regulations for Solar Energy Systems. a. All solar energy systems shall comply with the following performance and safety standards: i. All electrical transmission lines connecting a solar energy system to a building for ground based systems shall be located underground. ii. Shall be for the use of the property on which the system is located except for reverse metering as allowed by the appropriate state and federal agencies. iii. If unused for a period of 90 consecutive days, all systems must be removed. b. All solar energy systems shall comply with the following bulk regulations: i. Residential Zoning Districts. (a) Roof mounted equipment shall not extend more than five feet above the highest portion of the roof. (b) Wall mounted equipment: (1) Shall not extend above the eave line or above the top of the parapet. (2) Permitted only on a side or rear building wall and shall not extend more than 12 inches from the wall. (c) Ground based systems: (1) Each zoning lot is permitted one ground based solar system. (2) Shall not exceed a height of 15 feet when oriented at maximum tilt. (3) Shall not exceed 200 square feet of surface area. (4) Shall only be located in the rear yard. (5) Must be located a minimum of 15 feet from any lot line. (6) System shall not be located within any utility easements, unless permission is granted by the applicable public and private agencies. ii. Non-Residential Zoning Districts. ARLINGTON HEIGHTS MUNICIPAL CODE 28-79 REVISED 04/16/18 (a) Roof mounted equipment shall not extend more than five feet above the highest portion of the roof. This does not include the parapet. (b) Wall mounted equipment: (1) Shall not extend above the eave line or above the top of the parapet. (2) Permitted on any building wall and shall not extend more than 12 inches from the wall. (3) Not permitted in the B-5 district. (c) Ground based systems: (1) Each zoning lot is permitted one ground based solar system; however, one additional system is permitted for each acre of land in excess of one acre. (2) Shall not exceed 15 feet tall when oriented at maximum tilt. (3) Shall not exceed 200 square feet of surface area. (4) Must be located a minimum of 15 feet from any lot line. (5) Shall be placed in any required yard, except that in the O-T and O- R districts, a system shall not be placed in a required front or exterior side yard. (6) Not permitted in the B-5 district. (7) System shall not be located within any utility easements, unless permission is granted by the applicable public and private agencies. (Ord. #18-010) Section 28-7 - Non-Conforming Uses and Buildings. 7.1 Continuation of Non-Conforming Uses and Building. A lawfully established use, building or structure which becomes non-conforming with respect to this Code on the effective date thereof or as a result of any subsequent amendment, may be continued except as otherwise provided in this Section. 7.2 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 not be changed to another non-conforming use. 7.3 Discontinuance of Non-Conforming Use. When the non-conforming use of a building, structure, or portion thereof, which is designed or ZONING REGULATIONS 28-80 REVISED 04/16/18 intended for a use not permitted in the district in which it is located, is discontinued for a continuous period of one year, such building structure, or portion thereof shall thereafter be occupied only by a use which conforms to the use regulations of the district in which it is located. Any non-conforming use which is discontinued for a continuous period of one year shall not thereafter be resumed, and the premises shall thereafter be resumed, and the premises shall thereafter be occupied only by a use which conforms to the use regulations of the district in which it is located. 7.4 Enlargements of Non-Conforming Uses and Buildings. There shall be no enlargement of a non-conforming use. When a building, structure, or portion thereof, is designed or intended for a use not permitted in the district in which it is located, it shall not be enlarged, added to, or structurally altered in any manner except as may be required by law, unless the building or structure and use thereof shall be made to conform to the use regulations of the district in which it is located. 7.5 Repairs and Alterations of Non-Conforming Buildings and Structures. Repairs and alterations necessary in the ordinary course and operation of a building or structure may be made to a non-conforming building or structure, except that no structural alterations shall be permitted, unless such structural change is for the purpose of conforming with the use district. Alterations designed to increase the intensity of a non-conforming uses, are prohibited. 7.6 Damage or Destruction. A building or structure which contains a non-conforming use or is designed or intended for a use not permitted in the district in which it is located and which is damaged or destroyed by any means to the extent of 50% of its replacement value shall not be restored unless the building or structure and the use thereof shall conform to all the regulations of the district in which it is located. 7.7 Moving. No non-conforming building or structure shall be moved in whole or in part to any other location on the lot, except as required by law, unless every portion of such building or structures which is moved as the use thereof made to conform to all the regulations of the district in which it is located. 7.8 Termination of Non-Conforming Uses, Buildings and Structure. 7.8-1 Non-Conforming Buildings or Structures. Any non-conforming building, structure, or portion thereof, shall be demolished, removed or remodeled and converted for a use permitted in the zoning district after the termination of the respective periods of time set out hereinafter, which periods are hereby established as a reasonable amortization of the normal, useful life of each class of building and type of construction above the foundation walls or piers: 7.8-1.1 Fireproof construction of non-combustible materials consisting of exterior walls of solid brick, stone, reinforced concrete, or insulated metal panels between fireproofed steel and with interior structural members of reinforced concrete or fireproofed steel - thirty years from the date the building, structure, or portion thereof, became non-conforming with respect to this Code as hereinbefore indicated, or 40 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, whichever ARLINGTON HEIGHTS MUNICIPAL CODE 28-81 REVISED 04/16/18 period shall terminate last. 7.8-1.2 Fire resistant shell construction consisting of exterior walls of solid brick, stone, reinforced concrete or other masonry units with structural members of unprotected steel, timber or wood joist construction 20 years from the date the building, structure, or portion thereof, became non- conforming with respect to this Code as hereinbefore indicated, or 30 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, whichever period shall terminate last. 7.8-1.3 Frame type construction of exterior walls of wood or timber frame construction irrespective of the type of exterior surfaces and all other structures not qualifying under paragraphs 7.8 -1.1 or 7.8-1.2 and all physical improvements to land, all or substantially all of which are below or at ground level 10 years from the date of the building, structure, or portion thereof became non- conforming with respect to this code as hereinbefore indicated, or 20 years from the date of issuance of the building permit for the construction of either the whole structure or the initial building or initial part thereof, whichever period shall terminate last. If, prior to the adoption of this Section, substantially all of a non-conforming building has been reconstructed, rebuilt, or structurally altered, or if an addition at least equal in size or valuation has been structurally attached thereto, then for the purposes of determining the normal useful life of such building, the date of issuance of the building permit therefore shall be taken to be the date of issuance of the building permit for such reconstruction, alteration, or addition. 7.8-2 Non-Conforming Use of Conforming Building. In a Residence District, the non- conforming business or manufacturing use of a building, or portion thereof which is designed or intended for a residential purpose, or for residential accessory purpose, shall be entirely discontinued on or before five years from the date the use became non-conforming with respect to this Section and not be reestablished. 7.8-3 Non-Conforming Use of Land. 7.8-3.1 The non-conforming use of land in a Residence District shall be terminated not later than two years from the date the use became non-conforming with respect to this Section in each of the following instances: a. Where no buildings or structures are employed in connection with such use, or where the only buildings, structures, or other physical improvements employed are accessory or incidental to such use or have an assessed valuation of less than $5,000.00 or b. Where such use is maintained in connection with a conforming building or structure; except that inadequate off-street parking facilities accessory to a building or structure located in the Residence District and occupied by a use conforming with the requirements of the district may be continued for as long a time as the premises are used for a permitted use. 7.8-3.2 A non-conforming use of land which is accessory to the non-conforming use of a building or structure shall be discontinued on the same date the non-conforming use of the building or structure is discontinued. ZONING REGULATIONS 28-82 REVISED 04/16/18 7.8-3.3 A non-conforming use of land which has in connection therewith, physical improvements all or substantially all of which are underground or at ground level shall be deemed to be a non - conforming structure, and shall be subject to the applicable provisions of Section 7.8. 7.8-4 Exempted Buildings, Structures and Uses. 7.8-4.1 No lawfully established building, structure, or use shall be subject to the termination provisions of this Section solely for reasons of being non-conforming with respect to the standards prescribed in this Chapter for any of the following: Floor Area Ratio, Yards - Front, Side, Rear, or Transitional; Off-Street Parking or Loading; Lot Area, Building Height and Gross Floor Area. 7.8-4.2 No non-conforming residential use or building lawfully established in a residential district shall be subject to the termination provisions of this Section. (Ord. #17-027) Section 28-8 - Special Uses 8.1 Purpose. The principal objective of the Zoning Code is to provide for an orderly arrangement of compatible building and land uses, and for the proper location of all types of uses required in the social and economic welfare of the Village. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this Chapter. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of their unusual characteristics or the service they provide the public. These "Special Uses" require particular consideration as to their proper location in relation to adjacent established or intended uses, or to the planned development of the community. The conditions controlling the location and operation of such "Special Uses" are established by the following provisions of this Section 8. 8.2 Authority. The Board of Trustees of the Village of Arlington Heights shall have authority to permit the "special uses" of land or structures or both, subject to the applicable provisions of Section 8, if it finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites. For such uses, the Plan Commission may recommend and the Village Board of Trustees may authorize exceptions to the applicable bulk regulations of this Chapter and such other variations from the zoning regulations as may be required within the boundaries of such development without referring the matter to the Zoning Board of Appeals. 8.3 Conditions and Approval. The Plan Commission may recommend and the Board of Trustees may impose such restrictions upon the height and bulk and area of occupancy of any structure so approved for a "Special Use" as may be reasonable under the particular circumstances provided that such restrictions and stipulations shall not be more restrictive than the requirements established for the district in which such structure is proposed to be located, or as may be required elsewhere in the Village Code. Off-street parking facilities as well as off-street loading and unloading spaces may also be stipulated in the ordinance permitting the "Special Use." 8.4 Procedure. The procedure to be followed in considering applications for a Special Use ARLINGTON HEIGHTS MUNICIPAL CODE 28-83 REVISED 06/19/17 permit shall be those outlined in applicable sections of this Chapter. 8.5 Determination. The Plan Commission then shall make its findings and recommendations to the Village Board of Trustees within 30 days following the date of public hearing on each application. No Special Use shall be recommended by the Plan Commission unless the Commission finds: 8.5-1 That the special use is deemed necessary for the public convenience at this location; and 8.5-2 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; and 8.5-3 That the proposed use will comply with the regulations and conditions specified in this Chapter for such use and with the stipulations and conditions made a part of the authorization granted by the Village Board of Trustees. 8.6 Ordinance Required. Those uses indicated in Section 5.5 as a Special Use shall not be established until the Village Board has adopted an ordinance to grant the special use. Section 8.7 Special Use Waiver for Restaurants. The special use requirement for a restaurant may be waived if the restaurant use is: 1. A sit-down/carry out restaurant that is no larger than 4,000 square feet (for purposes of this provision, any outdoor eating area in the B-5 District is not to be counted for determining the square footage); 2. A carry-out only restaurant, regardless of size; 3. An outdoor café in conjunction with a restaurant that has been legally established either through the special use permit or special use waiver process; The Petitioner must submit detailed plans and an application to the Planning and Community Development Department for an administrative review to determine if the special use public hearing can be waived. After review by the Planning and Community Development Department, the Village reserves the right to add other restrictions if there are impacts to surrounding property owners and/or require the Applicant to pursue a Special Use through the Plan Commission process set forth in this Chapter. (Ord. #17-027) Section 28-9 Planned Unit Development. 9.1 Intent. Planned Unit Developments permit site plans and designs which would not be possible under strict application of zoning district regulations. Consequently, Planned Unit Developments shall offer more benefits than a conventional development because of comprehensive design and adherence to high standards. Improved features include but are not limited to the following: a. efficient land utilization; b. innovative design; ZONING REGULATIONS 28-84 REVISED 06/19/17 c. preservation of natural areas; d. diversified land use and architectural treatment; e. compatibility with adjacent and nearby land developments. 9.2 Qualifications Required for a Planned Unit Development. The following are the projects that will be considered to be a Planned Unit Development: a. Any development with more than one principal building on a zoning lot or lot of record. b. Planned Unit Developments in the following districts shall have a minimum lot size of one acre: R-E, R-1, R-2, R-3, R-4, R-5, R-6, B-1, B-2, B-3, and B-4. c. Any development in the B-5 Zoning District of any new building or additions of 500 square feet or more to existing buildings. d. Any development of four or more acres in the M-1 and M-2 Districts, . e. All developments in the R-7, O-T, O-R, I and P-L Districts f. Any residential development using private roadways or private drives to provide vehicular access on the lot 9.3 General Requirements for Planned Unit Developments. Planned Unit Development Sites shall be under single ownership and/or unified control until fully developed and shall be governed by all applicable zoning requirements of this Chapter. 9.4 Requirements for Planned Unit Developments Using Private Roadways. A Planned Unit Development for a residential development using private roadways may be approved in the following circumstances: a. The size and shape of the parcel is such that strict application of public street standards would cause development of the parcel to be impractical; b. The proposed development is enhanced by exceptional site design features not ordinarily possible under the strict application of the Zoning Ordinance and Subdivision Control Regulations; c. The development will provide amenities and improvements that would be materially beneficial to the adjacent neighborhood; d. The developer demonstrates to the reasonable satisfaction of the Plan Commission and the Village Board that the private roadways will be adequately maintained, including the execution and recording of a covenant binding all successors in title, ensuring that the private roadways will be maintained in a condition safe for vehicular travel; e. Private roadways are constructed in accordance with Village construction standards for public roadways. f. Private roadways are not planned or expected to serve property outside the proposed development. ARLINGTON HEIGHTS MUNICIPAL CODE 28-85 REVISED 06/19/17 g. Private roadways are not used to fill gaps in the existing thoroughfare system, connect two collector or arterial streets, or laid out to encourage through traffic. h. Private roadways shall provide a minimum of two 12-foot wide driving lanes, excluding curb and gutter dimensions. i. Only parallel parking is permitted on a private roadway provided the pavement width is increased by eight feet for each parking lane. j. Signs indicating building addresses and directing motorists through the development are provided, the size, number and location of such signs to be determined by the Director of Building. k. Unimpeded circulation and travel for emergency vehicles is provided on private roadways in the development. l. Curbs are provided along private roadways and driveways. m. Street lights and sidewalks shall be installed along all private roadways in compliance with Village standards. 9.5 Variations. In the case of any Planned Unit Development, the Plan Commission may recommend and the Village Board of Trustees may authorize variations to the applicable bulk regulations of this Chapter and such other variations from the zoning regulations as may be required within the boundaries of such development without referring the matter to the Zoning Board of Appeals. Such variations may be granted as long as it is demonstrated that they will not exercise a detrimental influence on the surrounding neighborhood. Variations shall be justified when other characteristics of the development exceed the minimum standards of the Municipal Code. All recommendations shall be based on the standards for appeals as stated in Section 6 -201 of the Arlington Heights Municipal Code. Special consideration shall be given to: a. The provision for indoor and outdoor recreation facilities, which should be proportional to the size and density of the Planned Unit Development. b. The conservation of natural resources such as flood plains, wet lands and wooded areas. c. As much as possible, the preservation, of the natural drainage and floodwater retention. 9.6 Procedures for Approval of Planned Unit Development. Application shall be made on forms supplied by the Planning Department and shall be complete with all supporting data, documents, plans, maps and other documents as specified below. The Village review and approval of the Planned Unit Development may be performed in three stages: a. Review of the Conceptual Plan by the Staff Development Committee and the Conceptual Plan Review Committee of the Plan Commission. ZONING REGULATIONS 28-86 REVISED 06/19/17 b. Review and approval by the Plan Commission. c. Review and approval by the Village Board, including adoption of the Ordinance approving the Planned Unit Development. 9.7 Conceptual Planned Unit Development Submission and Review. Should a Petitioner desire, the Village will review a Conceptual Plan for a Planned Unit Development. In order for the Village to review the Conceptual Plan, the following items must be submitted: a. Conceptual Development Plan including the site layout of buildings, roadways, access drives, and floor plans as necessary. Conceptual architectural elevations and landscape plans may also be submitted. b. A brief written statement explaining the character of the development and its main features should accompany the plan. As quickly as possible from the date of submission of the Conceptual Plan, the Village Planning Department and the Staff Development Committee will review the submitted materials, after which a meeting of the Conceptual Plan Review Committee will be set. If the Conceptual Plan Review Committee has an unfavorable recommendation, the petitioner can revise the Conceptual Plan and resubmit material for Staff and Committee review. The Petitioner can also choose to move forward to the Plan Commission with the negative recommendation from the Conceptual Plan Review Committee. 9.8 Submission for Planned Unit Development Approval. The following items are required for submission to the Plan Commission for approval of a Planned Unit Development, in the quantity set forth in the Plan Commission application: a. A legal description of the entire Planned Unit Development; b. A current plat of survey or Alta Survey of the subject property; c. Proof of ownership or other legal interest of the petitioner in the property; d. A Master Plan showing streets, lots, parcels and sites for all uses included in the Planned Unit Development, including areas proposed to be conveyed, dedicated or reserved for public uses including parks, playgrounds and parkways, as well as a brief written statement describing the Planned Unit Development; e. A site plan indicating exterior and interior roadways and streets, pedestrian walkways, fire lanes, parking lots including parking spaces for handicapped persons, areas reserved for landscaping and screening, all proposed structures, free standing signs, outdoor lighting, trash storage areas and loading areas, including a chart with all relevant zoning data such as FAR, land coverage ratios, density, setbacks, etc.; f. Architectural floor plans and building elevations; g. A tree preservation plan and a detailed landscaping plan with all of the planting materials common and Latin names, sizes and quantities. ARLINGTON HEIGHTS MUNICIPAL CODE 28-87 REVISED 06/19/17 h. A preliminary engineering plan indicating storm sewer lines, sanitary sewer lines, water mains and storm water detention or retention facilities and topographic plans. i. A preliminary development schedule indicating: 1. The approximate date of construction start. 2. The number of construction phases and the date of starting each phase. 3. The date of completion of each phase. 4. A construction staging plan. j. A draft of all proposed bylaws, covenants, easements, maintenance and other agreements, wherever applicable. k. A traffic analysis in accordance with Section 6.12 of this Chapter. l. Preliminary Plat of Subdivision (if required) in accordance with Chapter 29 of the Municipal Code. 9.9 Review of the Plan Material. Once a complete Plan Commission application has been received, Village Staff will review the submitted material, prepare written comments and submit the material to the Plan Commission for a public hearing in accordance with the requirements of this Chapter. 9.10 Public Hearing before the Plan Commission. At the public hearing, the Plan Commission may make the following findings if fully supported by specific evidence presented by the petitioner: a. The reasons why the departures from the Village Zoning and Subdivision regulations and the Village Comprehensive Plan proposed for the Planned Unit Development are or are not deemed to be in the public interest. b. The reasons why the proposed design does or does not make adequate provision for public services, public utilities and services, for vehicular and pedestrian traffic or provide for common open space and recreation. c. The physical and economic benefits of the proposed development to the entire community. d. The impact of the proposed development on the adjoining traffic network. 9.11 Approval of Planned Unit Development Ordinance. If, after review of the recommendation from the Plan Commission, the Village Board approves the Planned Unit Development, an appropriate Ordinance shall be prepared. Upon approval of the Planned Unit Development Ordinance, the ordinance and with exhibits shall be recorded by the Village Clerk with the County Recorder of Deeds. The Village Zoning Map and the Village Comprehensive Plan shall be amended to include the approved Planned Unit Development. The final approval and recording is required for the issuance of the building permit. ZONING REGULATIONS 28-88 REVISED 04/16/18 9.12 Enforcement of Development Schedule. The Planned Unit Development approval shall be effective for no more than 24-months from the date the ordinance was adopted granting the approval. Unless a building permit has been issued and construction commenced within this time period, all ordinances approving the Planned Unit Development, including any other conditions and approvals, shall be void. An extension of up to 12-months can be obtained by submitting a detailed request to the Planning Department. After appropriate review, the Planning Department will transmit the request and its recommendation to the Village Board for final determination. In the event that an additional request for extension is made, that request will also be reviewed by the Plan Commission and the Plan Commission will transmit the request with its recommendation to the Village Board of Trustees. 9.13 Permit Requirements for Planned Unit Developments. The following items shall be required as part of a submittal for a building permit, in addition to all other permit requirements: a. Final Engineering Plans and Details for all utilities, storm water retention, and drainage; b. Final Construction staging plan, including a construction schedule; and c. Final copy of all bylaws, covenants, easements, and maintenance agreements, including bonds and escrow agreements, as requested by the Village. (Ord. #11-024, #18-010) Section 28-10 - Off Street Parking and Loading. The off-street parking and loading provisions of this Section shall apply as follows: 10.1 For all buildings and structures erected and all uses of land established after the effective date of this Section, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of this Section, and provided that construction is begun within six months of such effective date and diligently pursued to completion, parking and loading facilities as required hereinafter need not be provided. 10.1-1 When the intensity of use of any building, structure, or premises is planned to be increased through addition of units, gross floor area, seating capacity, or other units 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. 10.1-2 Whenever the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if the building or structure was erected prior to the effective date of this Section, additional parking or loading facilities are required only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this Section. 10.1-3 Control of Off-Site Parking Facilities. In a residential district, no zoning certificate for off-site facilities shall be issued until the Plan Commission has conducted a hearing for a special use in accordance with Section 8. No off-site parking shall be located in a residential zoning ARLINGTON HEIGHTS MUNICIPAL CODE 28-89 REVISED 04/16/18 district unless accessory to a use permitted in that district. 10.1-4 Submission of Parking Plan. Any application for a building permit, or for a certificate of occupancy where no building permit is required, shall include a parking plan drawn to scale and fully dimensioned showing any parking or loading facilities to be provided in compliance with this Section. 10.2 Additional Regulations – Parking. 10.2-1 Except as otherwise indicated, required accessory off street parking facilities provided for uses listed hereinafter shall be solely for the parking of vehicles of patrons, occupants (or their guest), or employees of such uses. 10.2-2 Floor Area. See Section 28-3(47) for floor area measurement requirements. 10.2-3 Employees. Parking spaces required on an employee basis shall be based on the maximum number of full or part-time employees on duty or residing, or both on the premises at any one time. 10.2-4 Capacity. Parking spaces required on the basis of capacity shall be based on the capacity as determined by current Village Building and Fire Codes. 10.2-5 Computation. When determination of the number of off street parking spaces required by this Section results in a requirement of a fractional space, any fraction of one -half or less may be disregarded, while a fraction in excess of one-half shall be counted as one parking space. 10.2-6 Collective Provision. Off street parking facilities for separate uses may be provided collectively if the total number of spaces so provided collectively is not less than the sum of the separate requirements for each such use and provided that all regulations governing location of accessory parking spaces in relation to the use served are adhered to. Further, no parking space or portion thereof shall serve as a required space for more than one use unless otherwise authorized by the Plan Commission in accordance with Section 10.1-3. 10.2-7 Size. A required off street parking space shall be at least nine feet in width and at least 18 feet in length, exclusive of access drives or aisles, ramps, columns, or office or work areas. The length of a parking space can be reduced to 16 1/2 feet including wheel stop if additional space of one and one half feet in length is provided for car overhang. At least three feet, excluding any car overhang space, must be provided for any planting screen. The parking shall have a vertical clearance of at least seven feet. 10.2-8 Horizontal widths for parking rows, aisles, and modules shall be provided at widths no less than listed in the following table: Parallel 30 One Way 45 60 Two Way 90 Single Row Parking 9' 17' 19' 20' 18' Driving aisle 12' 12' 13' 18' 24' Minimum width of module 21' 29' 32' 38' 42' Two row parking 18' 34' 38' 40' 36' Driving aisle 12' 12' 13' 18' 24' Minimum width of module 30' 46' 51' 58' 60' ZONING REGULATIONS 28-90 REVISED 04/16/18 Certain required off street parking spaces mandated by this Section may be satisfied by spaces eight and one-half feet in width by 18 feet in length if the Petitioner provides an analysis that justifies the narrower spaces to the satisfaction of the Director of Engineering. Spaces predominantly patronized by rapid-turnover parkers do not qualify for the narrower width. 10.2-9 Access. Each required off street 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 which will least interfere with traffic movement. No driveway across public property or requiring a curb cut shall exceed a width of 25 feet, except when, in the opinion of the Director of Engineering, safe and efficient design principals require an increase, in which case the Director of Engineering may authorize a maximum driveway width of 36 feet. Furthermore, no access from a street or alley to off street parking facilities shall be located less than 35 feet from the intersection of the right-of-way of two intersecting streets. 10.2-10 Handicapped Parking. Parking for the handicapped shall be provided at a size, number and location, as specified by the current Illinois Accessibility Code. 10.2-11 In Yards. 10.2-11.1 In R-E, R-1, R-2, and R-3 Districts, off street parking spaces shall be allowed based on the following: a. Off street parking spaces may be located in any yards but only on concrete or asphalt surfaces. b. Except as set forth in subsection c. below, no driveway and/or parking area shall exceed a width of 22 feet. c. For three car garages, a driveway and/or parking area shall be allowed to be a maximum of 32 feet in width, within 18 feet of the garage’s front elevation when, in the opinion of the Director of Engineering, the installation of such driveway will not be detrimental to drainage or alter the character of the area. d. When the garage is located to the rear of the residence, the side drive shall be a minimum of nine feet wide. Projections (chimneys, awnings, etc.) shall not be allowed to overhang within this measurement. e. For a zoning lot with a lot width of 70 feet or greater, all driveway pavement must be setback at least three feet from the side or rear lot line (whichever lot line applies). f. For side-loaded garages (when the garage door(s) face a side lot line), the driv eway pavement dimension shall be a minimum of 22 feet from the face of the garage to the edge of the driveway pavement along the side lot line. Nothing contained herein, however, shall permit the parking of any vehicle in a portion of yard where such parking would otherwise be prohibited by any provision of Arlington Heights Village Code, nor shall this Section be construed to eliminate any requirements for the ARLINGTON HEIGHTS MUNICIPAL CODE 28-91 REVISED 04/16/18 installation of driveways otherwise imposed by the Code, including specifications for the construction and character of such driveways. Parking upon grass, dirt or other non-hard surface of any vehicle except towed vehicles is prohibited. 10.2-11.2 In "R-4", "R-5", "R-6" and "R-7" and "M-1" off street parking spaces may be located in any yard except required front yards. In O-T Office Transitional Districts off-street parking spaces may be located in any required yard. In Business and M-2 Districts, off-street parking spaces may be located in any required yard. 10.2-12 Design and Maintenance. 10.2-12.1 Open and Enclosed Parking Spaces. Accessory parking spaces located on the same lot occupied by the use served, may be open to the sky or enclosed in a building. Accessory parking spaces located in an "R-5" or "R-7" 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 by the Village. 10.2-12.2 Surfacing and Drainage. All off street parking areas except those accessory to one family dwellings, shall be improved with a compacted base, surfaced with asphaltic concrete or some comparable all-weather dustless material of a design and thickness in accordance with prescribed engineering standards, and shall be so graded and drained as to dispose of surface water accumulation by means of a positive storm water drainage system connected directly or indirectly to a public drainage way. 10.2-12.3 Lighting. a. All lighting used to illuminate off-street parking areas shall be shielded or otherwise optically controlled so as to provide glareless illumination in such a manner as not to create a nuisance on adjacent property. b. All off-street parking areas with lighting shall limit spillage onto adjacent property. Maximum horizontal foot candles as given off by the neighboring property as measured in the following districts shall not exceed: Foot Candles Lux Single-Family Residential Districts .1 1.0 Multiple Family Residential Districts .2 2.0 Business Districts 2.0 21.5 Light Industrial Districts 5.0 53.8 Park, School & Institutional Districts 5.0 53.8 c. All light poles erected 20-feet to 40-feet above ground level: 1. Shall be flat bottom optically controlled sharp cut-offs, as approved by the Director of Engineering; 2. Shall not be installed with diffusing refractors; and ZONING REGULATIONS 28-92 REVISED 04/16/18 3. Shall maintain a ratio of 3:1 or less of luminaire spacing to luminaire mounting heights. d. All light poles erected 0-feet to 20-feet above ground level: 1. Shall be of translucent materials and not transparent materials, as approved by the Director of Engineering; and 2. Shall not be installed with diffusing refractors. e. Light Poles shall not be erected higher than 40-feet above ground level. f. Parking installed for the public benefit by Park Districts, educational and religious institutions shall be exempt from the requirements of (c) (3) of this Section. g. All present non-conforming off-street parking areas shall be equipped with the lighting required by this section upon the obsolescence or replacement of the existing lighting. h. Definitions and Terms used in this Section shall be defined by the Illumination Engineering Societies in the current edition of the IES Lighting Handbook. i. Lighting standards in side and rear yard(s) in districts other than R-E through R-7 are exempt from the requirements of (d) of this Section when said side or rear yard(s) are not adjacent to a residential district or roadway and the lighting standards do not cause glare to vehicular traffic. 10.2-12.4 Curbing. The perimeter of all parking areas providing space for parking five or more vehicles shall be protected in accordance with prescribed engineering standards. 10.2-13 Maximum Number of Spaces. The total number of accessory parking spaces provided for a two-family or multiple-family dwelling or hotel shall not exceed that required by this Section for such use or for an equivalent new use by more than 50%. The total number of accessory parking spaces for a single-family residential zoning lot shall be six. 10.2-14 Parking of Certain Vehicles in Residential Zoning Districts. The purpose and intent of this Section is to restrict the parking of certain vehicles in residential zoning districts as defined below. No vehicles, other than private passenger vehicles or commercial vehicles subject to the provisions of Section 10.2-14.2, may be parked between the front line of any portion of the building and the street in a residential area for a greater length of time than is required for loading or unloading or for performing services associated with the equipment or materials hauled in commercial vehicles. In no case shall a vehicle, other than a private passenger vehicle or commercial vehicles subject to the provisions of Section 10.2-14.2, be parked between the front line of any portion of the building and the street in a residential area overnight, except as authorized by the Chief of Police as provided elsewhere in this Section. 10.2-14.1 Parking of Recreational Vehicles. Recreational Vehicles (RV) may be parked on a residential zoning lot subject to the following: a. Front Yard. ARLINGTON HEIGHTS MUNICIPAL CODE 28-93 REVISED 04/16/18 1. RVs shall not be parked between the front line of any portion of the building and the street, unless otherwise specifically provided for in this Chapter. b. Side Yard. 1. No more than two RVs may be parked in a side yard. 2. A single RV may not exceed 20 feet in length and two RVs, if parked-end to-end, may not exceed a total combined length of 20 feet. 3. A single RV may not exceed a height of four feet in height. 4. Any RV located in an interior side yard shall be parked a minimum of three feet from the side lot line. 5. Any RV located in an interior side yard shall be screened on all sides with a single row of evergreens a minimum of five feet high at time of planting or a semi-open wood fence five feet high. c. Rear Yard. 1. No more than two RVs shall be parked in a rear yard. 2. A single RV shall not exceed 32 feet in length and two RVs, if parked end-to-end, shall not exceed a total combined length of 32 feet. 3. A single RV shall not exceed a height of 12 feet in height. 4. Any RV located in a rear yard shall be parked a minimum of five feet from the rear lot line and a minimum of three feet from any interior lot line. 5. Any RV located in a rear yard shall be screened on all sides with a single row of evergreens a minimum of five feet high at time of planting or semi-open wood fence five feet high. d. Exterior Side Yards and Rear Yards Adjacent to a Street or Roadway. 1. No RVs shall be located in an exterior side yard or that portion of a rear yard that is between an adjacent street or roadway and a line extended from the building. e. Additional Requirements. 1. Not more than two RVs may be parked on any residential zoning lot. 2. At no time shall a parked RV be used for living, sleeping or other purposes. No RV shall be connected to gas, water or sanitary sewer service. 3. Any RV may be parked in a fully enclosed garage unless such parking is specifically prohibited elsewhere in the Code. 4. The owner of an RV shall not park the RV in a manner so as to create a dangerous ZONING REGULATIONS 28-94 REVISED 04/16/18 or unsafe condition on the lot where parked or to adjacent property. Parking in such fashion that the RV may readily tip or roll shall be considered a dangerous or unsafe condition. 5. The parking surface of an RV in any permitted area shall be a hard surface such as concrete, asphalt or crushed stone. 6. RVs shall not have their wheels removed or be affixed to the ground so as to prevent ready removal of the vehicle. 7. RVs shall not be used as accessory structures in any zoning district. 8. No major automobile repairs, as defined in Section 3 of this Chapter shall be performed on any RV except within a garage or other structure. 9. Temporary parking of RVs for the purpose of loading or unloading shall be permitted for no more than two days within any period of four consecutive days. 10.2-14.2 Parking of Commercial Vehicles. Commercial vehicles may be parked on a residential zoning lot subject to the following: a. Size/Weight Limitation. No commercial vehicle having a license class designation greater than “B” under the Illinois Vehicle Code shall be parked on a residential zoning lot. This limitation shall not apply to a pick-up style commercial vehicle with the license class designation of “D.” All other Class “D” vehicles are prohibited. b. Location. No commercial vehicle shall be parked on a residential zoning lot unless parked within a private garage. However, a commercial vehicle that meets one of the following criteria is not required to be parked within a private garage: 1. The vehicle has no signage; 2. The vehicle’s signage is limited to the identification of the owner or operator affixed, by name or logo, and shall be no larger than 25% of the a rea of the front door, including glass, on the driver’s side. Such identification may appear on not more than two separate portions of the vehicle. c. Number. Generally, only one commercial vehicle shall be parked on a residential lot. A second commercial vehicle may be parked on a residential lot only if it meets all of the following criteria: 1. The vehicle shall not have a license class designation of “B” or greater under the provisions of the Illinois Vehicle Code; and 2. The vehicle’s signage is limited to the identification of the owner or operator affixed, by name or logo, and shall be no larger than 25% of the area of the front door, including glass, on the driver’s side. Such identification may appear on not more than two separate portions of the vehicle. d. Nothing in the provisions of this Section shall be construed to prohibit trucks and other ARLINGTON HEIGHTS MUNICIPAL CODE 28-95 REVISED 04/16/18 service vehicles from being parked on the premises temporarily for purposes of making deliveries or rendering service to the property. e. The Police Chief, or duly appointed representative, may authorize the parking of commercial vehicles designed for providing emergency services applying the same procedures and restrictions as used for RVs. 10.2-14.3 No inoperable or unlicensed vehicle shall be permitted on any residential property for more than 48 hours unless it is in an enclosed garage. 10.3 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. 10.3-1 For Uses in an R-E, R-1, R-2, R-3, or R-4 District. Parking spaces accessory to dwellings shall be located on the same zoning lot as the use served. 10.3-2 For Uses in an R-5, R-6 or R-7 District. All parking spaces shall be within 500 feet of the use served, except that spaces accessory to a multiple-family dwelling or apartment-hotel shall be within 300 feet of the use served. However, no parking spaces accessory to a use in an R-5 or R-7 District shall be located in an R-E, R-1, R-2, R-3 or R-4 District. 10.3-3 For Uses in Business and Manufacturing Districts. All required parking spaces shall be within 1,000 feet of the use served, except for spaces accessory to dwelling units (other than those located in a transient hotel), which shall be within 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. 10.4 Schedule of Parking Requirements. Accessory off-street parking spaces for the following uses shall be provided as required herein. USE REQUIREMENTS Housing for Elderly One space for each multi-family dwelling unit. Single family detached and attached dwelling units require two parking spaces per unit. Dormitories Two spaces per three residents, plus one space for each staff member. 10.4-1 RESIDENTIAL USES USE REQUIREMENTS Multiple Family Dwellings Two spaces for each dwelling unit in the R-5 and R-6 Zoning Districts Multiple Family Dwellings One and one-half spaces for each in the R-7 Zoning District dwelling unit One & Two Family Dwellings Two spaces for each dwelling unit ZONING REGULATIONS 28-96 REVISED 04/16/18 10.4-2 RETAIL - COMMERCIAL AND SERVICES USES USE REQUIREMENTS Amusement Device Arcades One space for each 300 square feet of floor area Automobile Service Stations One space for each employee plus three spaces for each service bay Banks One space for each 300 square feet of floor area Beauty Shop One space for each 250 square feet of floor area Bowling Alleys Three spaces for each alley plus the required spaces for restaurants that are provided Dance Studio One space for each 250 square feet of floor area Furniture and Appliance Stores, One space for each 600 square feet of floor area Health Clubs One space for each 200 and fifty square feet of floor area Motor Vehicle Sales and Machinery Sales One space for each 600 square feet of floor area Offices - Business, Professional & Governmental One space for each 300 square feet of floor area Offices - Medical or Dental Clinics, One space for every 200 square feet of floor area Medical Center (Refer to State of Illinois Accessibility Standards for additional requirements.) Personal Trainer One space for each 250 square feet of floor space Restaurant - Carry-Out One space for each 300 square feet of floor space Restaurant - Sit-Down One space for each 45 square feet of seating area Retail Stores - Not Otherwise Specified One space for each 300 square feet of floor area ARLINGTON HEIGHTS MUNICIPAL CODE 28-97 REVISED 04/16/18 10.4-2 RETAIL - COMMERCIAL AND SERVICES USES USE REQUIREMENTS Theaters (Indoor) One space for each four seats Undertaking Establishments, Funeral Parlors 25 spaces for each chapel or parlor 10.4-3 WHOLESALE, STORAGE & PRODUCTION USE REQUIREMENTS Establishments Engaged in Production, One space for each two employees plus Processing, Cleaning, Servicing, one space for each vehicle used in the Testing or Repair of Materials, the conduct of the enterprise. Goods or Products, or Engaged in Research and Development Warehouses and Storage One space for each two employees plus one space for each vehicle used in the conduct of the enterprise Wholesale Establishments One space for each two employees plus one space for each vehicle used in the conduct of the enterprise 10.4-4 COMMUNITY SERVICE USES USE REQUIREMENTS Colleges & Universities One space for every five students at maximum enrollment Community Centers Spaces equal in number to 30% of capacity Church One space for each five seats Day Care Centers and Schools Three spaces for each two employees Hospital Three spaces for each hospital bed Libraries, Art Galleries One space for each 1000 feet & Museums- Public of gross floor space Places of Assembly as follows: Stadiums, Arenas, Auditoriums Parking equal in number to 30% of the (other than Church, College or capacity in persons Institutional School), Convention Halls, Skating Rinks, and other similar places of assembly Public Utility and Public Spaces as required for similar office, Service Uses retail uses or industrial ZONING REGULATIONS 28-98 REVISED 04/16/18 10.4-4 COMMUNITY SERVICE USES USE REQUIREMENTS Recreational Facilities Spaces equal in number to 30% of capacity Schools, Commercial One space for each employee plus spaces equal in number to one-half of the maximum number of students projected to be in attendance at any one time Schools, Elementary One space per employee plus one space per every five classrooms Schools, High Two spaces per each employee plus one space per ten students at maximum 10.4-5 MISCELLANEOUS USES USE REQUIREMENTS Fraternities, Sororities, & Dormitories One space for each three active member plus one space for the manager thereof Hotels & Motels One space for each lodging room plus spaces as required for any restaurant that is included Nursing Homes One space for each two beds Private Clubs and Lodges One space for each lodging room plus parking spaces equal in number to 30% of the capacity in persons (exclusive of lodging room capacity) Crematories, Mausoleums Parking spaces shall be as determined by Plan Commission Fraternal and Religious institutions to serve persons employed or residing on the premises, as well as the visiting public Other Uses For uses not listed heretofore in this schedule of parking requirements, parking spaces shall be provided on the same basis as required for the most similar listed uses ARLINGTON HEIGHTS MUNICIPAL CODE 28-99 REVISED 04/16/18 10.5 PARKING IN THE DOWNTOWN DISTRICT 10.5-1 Furniture and Appliance Store (B-5) USE REQUIREMENTS First Floor One space for each 1000 square feet of floor area Other than First Floor One space for each 1500 square feet of floor area 10.5-2 Multiple Family Dwellings (B-5) (Including Apartment Hotels) USE REQUIREMENTS Efficiency and One Bedroom Apartments One space for each unit Two Bedroom Apartments One and one-fourth spaces for each unit Three Bedroom Apartments One and one-half spaces for each unit 10.5-3 Office - Business, Professional, and Governmental (B-5) USE REQUIREMENTS First Floor One space for each 600 square feet in excess of 1500 square feet of floor area Second Floor or Basement One space for each 750 square feet in excess of 2000 square feet of floor area Above the Second Floor One space for each 1250 square feet in excess of 2500 square feet of floor area. 10.5-4 Offices-Medical or Dental and Medical Centers (B-5) USE REQUIREMENTS First Floor Three spaces for each examination room Other Than the First Floor Two spaces for each examination room 10.5-5 Retail Stores and Banks (B-5) USE REQUIREMENTS First Floor One space for each 500 square feet in excess of 1500 square feet of floor space Second Floor or Basement One space for each 700 and fifty square feet in excess of 2000 square feet of floor area ZONING REGULATIONS 28-100 REVISED 04/16/18 10.5-5 Retail Stores and Banks (B-5) USE REQUIREMENTS Above the Second Floor One space for each 1000 square feet in excess of 2500 square feet of floor area 10.5-6 Restaurant - Sit-Down (B-5) USE REQUIREMENTS First Floor or Basement One space for each two hundred square feet of public seating area Above the First Floor One space for each 250 square feet of public seating area Other Uses (B-5) For uses not listed heretofore in the above schedule of parking requirements for the B-5 zoning district, parking spaces shall be provided at 50% in number as required elsewhere 10.5-8 Leasing of Parking Spaces. The off-street parking requirements in the B-5 Downtown District may be met by the leasing of spaces from the Village. The duration and terms of such lease shall be determined by the President and Board of Trustees. The parking shall not be separated from the place of business by a major arterial road and shall be within the Downtown District or contiguous to the Downtown District. 10.5-9 Substantial Compliance. If an existing developed parcel does not meet parking requirements but the deficit is either less than ten spaces or no more than five percent less than the number of required parking spaces, the parcel will be deemed to be in substantial compliance with the parking requirements if the property owner can demonstrate to the satisfaction of the Village that there is sufficient parking on-site for the proposed uses. 10.6 Additional Regulations - Off-Street Loading. 10.6-1 Location. All required loading berths shall be located on the same zoning lot as the use served. No loading berth for vehicles over two ton capacity shall be closer than 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 feet in height. No permitted or required loading berth shall be located within 25 feet of the nearest point of intersection of any two streets. No loading berth shall be located in a required side yard and any loading berth located in a required rear yard shall be open to the sky. 10.6-2 Size. Unless otherwise specified, a required loading berth shall be at least ten feet in width by at least 35 feet in length, exclusive of aisle and maneuvering space, and shall have a vertical clearance of at least 14 feet. 10.6-3 Access. Each required off-street loading berth shall be designed in such a manner that all ARLINGTON HEIGHTS MUNICIPAL CODE 28-101 REVISED 04/16/18 vehicle maneuvering shall be performed entirely on the property being serviced when the access is from a street designated on the Village Official Map or Village Comprehensive Plan Map as an arterial or collector street. 10.6-4 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 District. 10.6-5 Space allocated to any off-street loading berth shall not be used to satisfy the space requirements for any off-street parking facilities or portion thereof. 10.6-6 For special uses other than prescribed for hereinafter, loading berths adequate in number and size to serve such use, as determined by the Plan Commission, shall be provided. 10.6-7 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. 10.7 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 or building or portions thereof devoted to such uses in the amounts shown below: USE GROSS FLOOR REQUIRED NUMBER AREA IN SQUARE AND MINIMUM FEET DIMENSIONS OF BERTH a. Multiple-Family Dwellings 10,000 to 200,000 1-(10 ft. x 35 ft.) b. Hospitals, sanitariums, and For each additional 1 additional - other institutional uses 200,000 or fraction (10 ft. x 35 ft.) c. Hotels, Clubs and Lodges, thereof except as set for in Item (c) d. Hotels, Clubs and Lodges - 10,000 to 20,000 1-(10 ft. x 35 ft.) when containing any of the 20,000 to 150,000 1-(10 ft. x 50 ft.) following: Retail Shops For each additional 1 additional - Convention Halls, 150,000 or fraction (10 ft. x 50 ft.) Auditoriums, thereof Exhibition Halls, or Business or Professional Offices (other than accessory) e. Retail Stores 5,000 to 10,000 1-(10 ft. x 35 ft.) f. Restaurants - Sit-down 10,000 to 25,000 2-(10 ft. x 35 ft. ea.) g. Motor Vehicle and Machinery 25,000 to 40,000 2-(10 ft. x 50 ft. ea.) Sales 40,000 to 100,000 3-(10 ft. x 50 ft. ea.) h. Wholesale Establishments 200,000 or fraction 1 additional - (but not including ware- thereof (10 ft. x 50 ft.) house and storage buildings other than accessory) ZONING REGULATIONS 28-102 REVISED 04/16/18 USE GROSS FLOOR REQUIRED NUMBER AREA IN SQUARE AND MINIMUM FEET DIMENSIONS OF BERTH i. Auditoriums, Convention 10,000 to 20,000 1-(10 ft. x 35 ft.) Halls, Exhibition Halls, 20,000 to 100,000 1-(10 ft. x 50 ft.) Sports Arenas, Stadiums For each additional 1 additional - j. Bowling Alleys 100,000 or fraction thereof (10 ft. x 50 ft.) k. Banks and Offices - 10,000 to 100,000 for 1-(10 ft. x 35 ft.) Business, Professional and each additional 1 additional - Governmental 100,000 or fraction (10 ft. x 35 ft.) thereof to 500,000 1 additional - for each additional (10 ft. x 35 ft.) 500,000 or fraction thereof l. Establishments Engaged in 5,000 to 10,000 1-(10 ft. x 35 ft.) Production, Processing, 10,000 to 40,000 1-(10 ft. x 50 ft.) Cleaning, Servicing, 40,000 to 100,000 2-(10 ft. x 50 ft. ea.) Testing, or Repair of For each additional 1 additional Materials, Goods or 100,000 or fraction (10 ft. x 50 ft.) Products thereof m. Warehouses and Storage Buildings n. Theaters 8,000 to 25,000 1-(10 ft. x 35 ft.) For each additional 1 additional - 50,000 or fraction (10 ft. x 35 ft.) thereof o. Undertaking Establishments 8,000 to 100,000 1-(10 ft. x 35 ft.) and Funeral Parlors For each additional 1 additional - 100,000 or fraction (10 ft. x 35 ft.) thereof (Ord. #17-037) 10.8 Schedule of Bicycle Parking Requirements Bicycle Parking (BP) is defined as any designated space made publicly available for secure short- term bicycle storage. Designs and dimensions of BP spaces and structures must comply with standards set forth in the Association of Pedestrian and Bicycles Professionals Bicycle Parking Guidelines handbook. The minimum number of required off-street BP spaces shall be determined using the guidelines set forth in this Section. These requirements shall apply in the case of new construction or when a change in use results in the requirement for additional off-street motor vehicle parking. However, if space is not available or feasible on a site to provide the required number of bicycle parking spaces, the Director of Planning may determine that fewer or no spaces be provided. These requirements are established to ensure adequate parking and access for the following building and development types in the Village of Arlington Heights. ARLINGTON HEIGHTS MUNICIPAL CODE 28-103 REVISED 04/16/18 10.8-1 Residential Uses USE REQUIREMENT Multiple Family Dwelling in the R-5 and R-6 One BP space for every 10 dwelling units Zoning Districts Multiple Family Dwellings in the R-7 Zoning One BP space for every 10 dwelling units District 10.8-2 Retail – Commercial and Services USE REQUIREMENT Amusement Device Arcades One BP space for each 6,000 square feet of floor area, minimum of two BP spaces Automobile Service Stations One BP space for every 40 employees, minimum of two BP spaces Banks One BP space for each 6,000 square feet of floor area, minimum of two BP spaces Beauty Shops One BP space for each 5,000 square feet of floor area, minimum of two BP spaces Bowling Alleys One BP space for each 5,000 square feet of floor area, minimum of two BP spaces, maximum of 12 BP spaces Dance Studios One BP space for every 2% capacity, minimum of two BP spaces Furniture and Appliance Stores One BP space for each 12,000 square feet of floor area, minimum of two BP spaces, maximum of 12 BP spaces Health Clubs One BP space for each 5,000 square feet of floor area, minimum of two BP spaces Motor Vehicle Sales One BP space for each 12,000 square feet of floor area, minimum of two BP spaces, maximum of 12 BP spaces Offices-Business, Professional & Governmental One BP space for each 6,000 square feet of floor area, minimum of two BP spaces, maximum of 36 BP spaces Offices-Medical or Dental Clinics One BP space for every 4,000 square feet of floor area, minimum of two BP spaces, maximum of 12 BP spaces ZONING REGULATIONS 28-104 REVISED 04/16/18 10.8-2 Retail – Commercial and Services USE REQUIREMENT Medical Center One BP space for every 6,000 square feet of floor area, minimum of two BP spaces, maximum of 12 BP spaces Personal Trainer One BP space for each 5,000 square feet of floor space, minimum of two BP spaces Restaurant – Carry-Out One BP space for each 6,000 square feet of floor space, minimum of two BP spaces Restaurant – Sit-Down One BP space for each 900 square feet of seating area, minimum of two BP spaces, maximum of 24 BP spaces Retail Stores-Not Otherwise Specified One BP space for each 6,000 square feet of floor area, minimum of two BP spaces, maximum of 24 BP spaces Theaters (indoor) One BP space for each 6,000 square feet of floor area, minimum of two BP spaces Undertaking Establishments, Funeral Parlors One BP space for each chapel or parlor, minimum of two BP spaces 10.8-3 Wholesale, Storage and Production USE REQUIREMENT Establishments Engaged in Production, Cleaning, One BP space for each 40 employees, Servicing, Materials, Goods or Products, or minimum of two BP spaces Engaged in Research and Development Warehouses and Storage One BP space for each 40 employees, minimum of two BP spaces Wholesale Establishments One BP space for each 40 employees, minimum of two BP spaces 10.8-4 Community Service Uses USE REQUIREMENT Colleges & Universities One BP space for every 20 employees and 2.5% of maximum enrollment Community Centers Spaces equal to 2% of capacity, minimum of two BP spaces ARLINGTON HEIGHTS MUNICIPAL CODE 28-105 REVISED 04/16/18 10.8-4 Community Service Uses USE REQUIREMENT Churches One BP space for each 100 seats, minimum of two BP spaces Day Care Centers One BP space for every 100 children at maximum enrollment plus three spaces per every 40 employees, minimum of two BP spaces Schools One BP space for every 20 employees and 2.5% of maximum enrollment Hospitals One BP space for every 80 employees, minimum of two BP spaces Libraries, Art Galleries, Public Museums One BP space per every 20,000 square feet of gross floor space, with a minimum of two BP spaces Places of Assembly as follows: Stadiums, BP space equal in number to 1% of the Arenas, Auditoriums (other than Church, capacity when capacity is >10,000 persons, College or Institutional School), Convention 2% when college is <10,000 persons Halls, Skating Rinks and other similar places of assembly Recreational Facilities BP spaces equal in number to 2% of capacity Schools, Commercial One BP space for every 20 employees plus BP spaces equal to 2.5% of the maximum number of students projected to be in attendance at any one time Schools, Elementary and High One BP space for every 20 employees plus BP spaces equal to 2.5% of the maximum number of students projected to be in attendance at any one time 10.8-5 Miscellaneous Uses USE REQUIREMENT Fraternities, Sororities, Dormitories One BP space for every 20 lodging rooms plus BP equal to 2% of the capacity in persons (exclusive of lodging room capacity) ZONING REGULATIONS 28-106 REVISED 04/16/18 10.8-5 Miscellaneous Uses USE REQUIREMENT Hotels & Motels One BP space for each forty employees, minimum of two BP spaces, plus BP spaces as required for any restaurant that is included Nursing Homes One BP space for every 40 beds Private Clubs & Lodges One BP space for every 20 lodging rooms plus BP equal to 2% of the capacity in persons (exclusive of lodging room capacity) Crematories, Mausoleums One BP space for each 40 employees (minimum two BP spaces) For uses not listed in this schedule of BP requirements, BP spaces shall be provided on the same basis as required for the most similar listed uses. However, BP spaces shall not be required for Construction Yards, Day Care Homes, Freight Terminals, Private and Public Utility Facilities and Single Family-Two Family Dwellings. The required BP spaces for a multi-tenant commercial or industrial development may be combined at one location on the site provided that the total number of spaces is not less than the required sum for the combined square footage of all the tenants, and the location is within 200 feet of each tenant entrance. 10.8-6 Bike Parking in the Downtown District Bike parking is not required in the Downtown District except for Planned Unit Developments, in which case the number of BP spaces will be determined as part of the formal review process. (Ord. #18-010) Section 28-11 Zoning Board of Appeals. 11.1 Zoning Board of Appeals. The powers, duties and responsibilities of the Zoning Board of Appeals are set forth in Chapter 6 of the Municipal Code. 11.2 Land Use Variations. In order to receive a variation, the Petitioner must provide support for each of the following factors: 1. The proposed use will not alter the essential character of the locality and will be compatible with existing uses and zoning of nearby property; and 2. The plight of the owner is due to unique circumstances, which may include the length of time the subject property has been vacant as zoned; and 3. The proposed variation is in harmony with the spirit and intent of this Chapter; ARLINGTON HEIGHTS MUNICIPAL CODE 28-107 REVISED 04/16/18 4. The variance requested is the minimum variance necessary to allow reasonable use of the property. A variation may be granted if the evidence provided sustains each of the factors listed above. Every variation shall be accompanied by findings of fact specifying the reasons for granting the variation by applying the above factors. The concurring vote of four members of the Zoning Board is necessary to reverse any order, requirements, decision or determination of the Administrative officer, or to decide in favor of the applicant in any manner upon which it is required to pass or to effect any variation. 11.3 Application. An application for a hearing before the Zoning Board of Appeals shall be filed with the Department of Planning and Community Development upon a form prescribed therefore which shall be accompanied by the application fee and the following: a. Plat of Survey. Nine copies of the Plat Survey, designating dimensions of proposed construction spotted thereon. b. Preliminary Plans. The Applicant must submit nine copies of detailed preliminary plans relating to the variation. If the application is for a fence variation, the placement and height of fence must be designated on the Plat of Survey. c. Proof of Ownership. The Applicant shall submit documentation evidencing own ership of property and any lease or rental agreement in effect pertaining to the petition on the subject property. If Title is in Trust, a copy of the Trust Agreement, certified by the Trustee with evidence of all current ownership of beneficial interest together with a letter of authorization from the Trust Company shall be provided. 11.4 Departmental Review. The Planning Department shall circulate the application and plans to the appropriate departments for review and recommendations. All reviews and recommendations. All reviews and recommendations shall be made available to the applicant prior to the public hearing. The applicant may submit revised plans to the Planning Department for review and all revised plans must be submitted 14 days prior to the public hearing. The revised plans shall be submitted and reviewed. The Planning Department shall transmit all recommendations to the Zoning Board of Appeals for their review prior to the date of the public hearing. 11.5 Public Hearing Notification Requirements. The applicant shall comply with notification requirements as set forth in Section 14 of this Chapter. 11.6 Determination. The Zoning Board of Appeals may require additional plans or studies in order to conduct a thorough investigation of a request before them. The findings and recommendations of the Zoning Board of Appeals shall generally be transmitted to the Village Board of Trustees within 30 days of adjournment of the public hearing. If the petition also requires a recommendation from the Plan Commission, the findings and recommendations of the Zoning Board of Appeals will generally be transmitted to the Village Board within 30 days of adjournment of the Plan Commission Public Hearing. 11.7 Limitation on Requests for Variations. No request for a variation shall be considered by the Zoning Board of Appeals for property which has been the subject matter of a previous ZONING REGULATIONS 28-108 REVISED 04/16/18 request for a variation for a period of one year after the Zoning Board of Appeals has made a determination or recommendation for a variation on the same property. The Zoning Board of Appeals shall not consider any petition for rehearing of a variation request after a decision or recommendation on a variation has been made unless substantial changes have been made to the evidence or use to adjacent properties. (Ord. #18-010) Section 28-12 - Plan Commission 12.1 Plan Commission. The powers, duties and responsibilities of the Plan Commission are set forth in Chapter 6 of the Municipal Code. In applications for Planned Unit Development, Subdivisions, Special Use Permits, Rezoning and Land Use Variations, the Plan Commission ma y recommend and the Village Board of Trustees may authorize exceptions to the applicable bulk regulations of this Chapter and such other variations from the Zoning Regulations (Chapter 28 and Chapter 29 of the Municipal Code) as may be required within the boundaries of such development without referring the matter to the Zoning Board of Appeals. Section 12.2 Land Use Variations. In order to receive a variation, the Petitioner must provide support for each of the following factors: 1. The proposed use will not alter the essential character of the locality and will be compatible with existing uses and zoning of nearby property; and 2. The plight of the owner is due to unique circumstances, which may include the length of time the subject property has been vacant as zoned; and 3. The proposed variation is in harmony with the spirit and intent of this Chapter; and 4. The variance requested is the minimum variance necessary to allow reasonable use of the property. A variation may be granted if the evidence provided sustains each of the factors listed above. Every variation shall be accompanied by findings of fact specifying the reasons for granting the variation by applying the above factors. 12.3 Application. An application verified by the owner of the subject property or their authorized agent shall be filed with the Planning Department upon a form prescribed therefore which shall be accompanied by the application fee and ten complete sets of the following: a. Plat of Survey. b. Preliminary and Final Plat of Subdivision. If required pursuant to Chapter 29 Subdivision Control Regulations. c. Preliminary architectural drawings as set forth below (these are not required for zoning changes to R-E, R-1, R-2, R-3 zoning classification): 1) Detailed site plan to include roadways, driveways, parking area and dimensions, all proposed structures, free standing signs, outdoor lighting, trash storage areas, ARLINGTON HEIGHTS MUNICIPAL CODE 28-109 REVISED 04/16/18 loading areas, and project data to include total land area, building area, floor area ratio and parking computations. 2) Detailed landscaping plan (required for new construction only) including location, quantity, common names, and size of all landscaping materials. 3) Floor Plan. 4) Building Elevations. 5) Building Sections. 6) Sign Plans. d. Preliminary engineering plans and engineering feasibility study (required for new construction or increase in building coverage only). e. Traffic Study. If required, (see Section 6.13 of this Chapter) f. Proof of Ownership. The applicant shall submit documentation evidencing ownership of property and any lease or rent agreement in effect pertaining to the petition on the subject property. If the title is in a trust, a copy of the Trust Agreement, certified by the Trustee with evidence of all current ownership of beneficial interest together with a letter of authorization from the trust company shall be provided. 12.4 Departmental Review. The Planning Department shall circulate the application and plans to the appropriate departments for review and recommendations. All reviews and recommendations shall be made available to the applicant prior to the public hearing. The applicant may submit revised plans to the Planning Department for review and all revised plans must be submitted at least 14 days prior to public hearing. The revised plans shall be resubmitted and reviewed. The Planning Department shall transmit all recommendations to the Plan Commission for their review prior to the date of the public hearing. If any of the plans have been changed, the applicant shall submit ten new sets of plans to the Planning Department at least seven days prior to date of public hearing for transmittal to the Plan Commission. Plans submitted for Plan Commission later than seven days prior to date of public hearing may result in a continuation of the public hearing. 12.5 Public Hearing Notification Requirements. The applicant shall comply with notification requirements as set forth in Section 14 of this Chapter. 12.6 Determination. The Plan Commission may require additional plans or studies in order to conduct a thorough investigation of a request before them. The findings and recommendations of the Plan Commission shall be transmitted to the Village Board within 30 days of adjournment of the public hearing. (Ord. #13-035, #18-010) Section 28-13 - Design Commission 13.1 Design Commission. The powers, duties and responsibilities of the Design Commission are set forth in Chapter 6 of the Municipal Code. 13.2 Design Review. The procedures to be followed when determining when and how design ZONING REGULATIONS 28-110 REVISED 04/16/18 review will occur shall be as follows: a. For developments where a public hearing is necessary before the Plan Commission or Zoning Board of Appeals, the design review process should, if feasible, be completed by the time of the public hearing. Development proposals requiring rezoning, PUD or other Plan Commission approvals, shall be reviewed by the Design Commission for building and signage only. b. For developments where no public hearing is necessary, the applicant for building permit shall be informed if there is a need for design review and if so, whether that review will be by the Design Commission or Staff. Developments that do not require a public hearing by the Plan Commission shall be reviewed by the Design Commission or by administrative design review for all elements under the Commission’s responsibility. c. For demolition in residential zoning districts and all properties in the B-5 zoning district, design review is required prior to a demolition permit being issued. The review will evaluate the following: 1. The development plan; and 2. The estimated time frame for demolition and subsequent redevelopment plan and timeline, including verifying that: a) Proposed redevelopment is in character with the neighborhood and meets the criteria in the design guidelines; and b) Proposed redevelopment will not adversely affect the neighborhood. 13.3 Application. An application verified by the owner of the subject property or their authorized agent shall be filed the Department of Planning & Community Development upon a required form and eight copies of the following: a. Plat of Survey; b. Floor Plans; c Existing and proposed elevations of all building facades and roof plans (renderings optional); d. Proposed site plan and photos of adjacent properties; e Landscaping plans - including existing plant material, size and quantity of proposed material; f. Specifications and rendering of signs, if sign review is required; g. A sample of all color, kind and texture of materials to be used; h. Location map with roads, parking, existing buildings and other significant features within approximately 250 feet from proposed building site; ARLINGTON HEIGHTS MUNICIPAL CODE 28-111 REVISED 04/16/18 i. Zoning data worksheet. 13.4 Departmental Review. The Department of Planning & Community Development shall be the administrative contact to the Design Commission responsible for reviewing all petitions, making recommendations for changes or modification in design and providing assistance in interpreting the Design Guidelines. The Director or designee may determine that certain projects do not need formal design review, either by the Design Commission or staff. Such projects ma y include small (approximately 300 square feet or less) one-store additions in the rear of homes, small commercial building changes and similar small projects. The review will ensure the project is in compliance with the design guidelines, as applicable. In cases where the Village has determined that formal design review is not necessary, no design review fee will be charged. 13.5 Design Commission Meeting. The Design Commission will schedule a public meeting as soon as practicable after complete submittal and review by the Department of Planning & Community Development of the plans, at which time the developer will make a presentation on the project. A decision of approval, modification or denial will be made immediately upon consideration of the Design Guidelines following the applicant’s presentation. 13.6 Notice by Sign. For projects in residential districts requiring Design Commission review, a sign providing notice of the public meeting of the Design Commission shall be required to be posted by the applicant in accordance with the requirements set forth in Section 14 of this Chapter. 13.7 Issuance of a Certificate of Approval. The Design Commission will issue a Certificate of Approval if: a. The applicant’s plans achieve the purpose and intent of the Design Guidelines; and, b. The proposed design is compatible with the character of neighboring buildings contributing to a favorable environment in the Village. c. The existing property or structure is determined not to have significant architectural, historical, aesthetic, or cultural value. If the Commission denies the issuance of a Certificate of Approval, no building permit or demolition permit will be issued on the application except by direction of the Village Board. 13.8 Enforcement of a Development Schedule. The Certificate of Approval shall be effective for no more than 12 months from the date it was issued. Unless a building permit has been issued and construction commenced within this time period, the Certificate of Approval shall be void. An extension of up to 12 months can be obtained by submitting a detailed request to the Planning and Community Development Department. 13.9 Amendments. Amendments to a Certificate of Approval must be obtained through the same process as set forth above. 13.10 Appeal. For all petitioners appearing before the Design Commission who do not need to also appear before the Plan Commission or Zoning Board of Appeals, the petitioner has the right to appeal directly to the Village Board. The appeal must be made in writing and submitted to ZONING REGULATIONS 28-112 REVISED 04/16/18 the Village Manager, within 30 days of receipt of the notice of denial by the Design Commission. The Village Board, at a regular meeting, will either: a. agree with the Design Commission’s decision; or b. overrule or modify the decision of the Design Commission and direct the issuance of a permit. For all petitioners appearing before the Design Commission who need to also appear before the Plan Commission or Zoning Board of Appeals, the petitioner has the right to file an appeal to the Village Board. The appeal must be made in writing and shall be forwarded to the Village Board along with the other documents submitted for their review at the same time as the recommendation from the Plan Commission or Zoning Board of Appeals is submitted to the Village Board.. The appeal will then be considered by the Village Board at a regular meeting concurrently with the Village Board’s review of the recommendation from the Plan Commission or Zoning Board of Appeals. The Village Board will either: a. agree with the Design Commission’s decision; or b. overrule or modify the decision of the Design Commission and direct the issuance of a permit. In all other cases, the Design Commission’s decision will be sent to the Plan Commission or Zoning Board of Appeals, so that they are aware of the Design Commission’s decision. (Ord. #17-027, #18-010) Section 28-14 Changes and Amendments. 14.1 Requirement for Public Hearing. The regulations imposed and the districts created by this Chapter may be amended from time to time, but no such amendments shall be made until a public hearing has been held. The Notification Requirements set forth below apply for all public hearings required by this Chapter. 14.2 Published Notice. A notice of the time and place of any public hearing shall be published in a newspaper of general circulation in the Village. This Notice shall be published at least 15 days before the date of the public hearing. 14.3 Written Notice. A petitioner for any project requiring a public hearing pursuant to this Chapter shall serve written notice in person or by first-class mail to all property owners of record within 250 feet of the property lines of the subject property; provided the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 foot requirement. If the project is a planned unit development, the 250 feet shall be measured from the outermost property line of the entire planned unit development In addition to notifying property owners, if applicable, the homeowners’ association or condominium association must also be notified. The notice must be sent no less than 15 days nor more than 30 days prior to the date set for the public hearing. A copy of the notice with a copy of the list of addresses shall be provided to the Planning Department at the time notice is given to the owners or taxpayers. If, after a bona fide effort to determine such by the petitioner, an owner cannot be found, the notice requirements of this section shall be deemed satisfied upon the petitioner filing an affidavit evidencing the inability to serve notice on that owner. ARLINGTON HEIGHTS MUNICIPAL CODE 28-113 REVISED 4/16/18 The required notices shall contain the address of the location for which the public hearing is requested, a brief statement of the nature of the request, the name and address of the legal and beneficial owner of the property, and the time and date on which the hearing shall be held. 14.4 Notice by Sign. Not less than 15 days prior to the date before the public hearing, the petitioner shall post a readable sign on all adjacent roadways. All signs must be removed no later than ten days after completion of the final hearing. The required sign shall contain the current zoning action requested, date, time and place where the hearing shall be held, a statement that further information can be obtained from the petitioner and the Planning Department of the Village of Arlington Heights, and the phone number of the Village and the petitioner. The sign shall be approximately 30” high by 48” wide. The words "NOTICE OF PUBLIC HEARING" must appear at the top of the sign(s) in letters no smaller than 1.5". The date and time of the hearing shall also be 1.5". The sign(s) shall meet all other requirements set forth by the Village. All costs associated with the sign(s) for any public hearings are to be borne by the petitioners. A sample sign is set forth below: NOTICE OF PUBLIC HEARING HEARING FOR: [Fill in current zoning and action requested] HEARING LOCATION: ARLINGTON HEIGHTS MUNICIPAL BUILDING 33 S. ARLINGTON HEIGHTS ROAD ARLINGTON HEIGHTS, IL 60005 DATE: [Fill in hearing date] TIME: [Fill in hearing time] PUBLIC ATTENDANCE AND COMMENTS INVITED FOR DETAILS CALL: [Fill in petitioner’s name or Village of Arlington Heights and phone number] Department of Planning & Community Development at 847-368-5200 14.5 Certification of Notice. In advance of the hearing date, the petitioner shall furnish an affidavit certifying that he has complied with the applicable notice requirements. Attached to the affidavit shall be a list of all property owners notified in accordance with the above, the returned notices which are undeliverable by the post office, a copy of the notice sent to each of the individuals therein specified, and a statement that the sign was erected according to Village requirements. Forms of the affidavit shall be made available by the Planning Department. 14.6 Protest Against Amendment. Owners of the frontage of property immediately adjoining or across an alley from or directly opposite frontage which is proposed to be altered as to regulations or districts may file a written protest against a proposed amendment. The protest must be signed by the owners of at least 20% of the frontage as described above and each signature must be notarized. The written protest shall be filed with the Village Clerk. If the written protest meets the requirements of this Section, the amendment shall not be passed except by the favorable vote of two-thirds of all members of the Village Board.