Agenda & Packet

There will be a special meeting of the Plan Commission at Village Hall, 419 Richmond Road, Kenilworth, IL. The public may attend in person or by utilizing the following link: TEAMS MEETING LINK If you do not have access to a computer, you may attend via telephone: +1 872-242-8055 Meeting ID: 283 614 883# Plan Commission Special Meeting Monday, October 19, 2026 at 7:00 p.m. Kenilworth Village Hall, 419 Richmond Road Agenda I. Call to Order / Roll Call II. Approval of Minutes A. April 7, 2026 Special Meeting Minutes III. Regular Business A. Public Hearing to Consider Text and Map Amendments to Chapter 153 of the Kenilworth Village Code as Part of a Comprehensive Update to the Village Zoning Ordinance IV. Other Business V. Business from the Public Rules for Public Comment may be viewed at https://www.vok.org/DocumentCenter/View/1423/Rules-for-Public-Comment VI. Adjourn Village of The Village of Kenilworth is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting or who have questions regarding the accessibility of the meeting or the facilities are requested to contact the Village Manager at 847-251-1666 promptly to allow the Village to make reasonable accommodations for those persons. 1 VILLAGE OF KENILWORTH, IL Plan Commission Meeting Tuesday, April 7, 2026 CALL TO ORDER A meeting of the Plan Commission of the Village of Kenilworth in the Kenilworth Village Hall, Kenilworth, Illinois was held at 7:00 pm on Tuesday, April 7, 2026. Chair Mohr called the meeting to order at 7:02 pm. Attendance was as follows: Plan Commissioners Present: Justin Mohr Chair Anna Simpson Commissioner Ian Fisher Commissioner Shannon Stoelting Commissioner Plan Commissioners Absent: Ken Kaufman Commissioner Lars Djuvik Commissioner A quorum was present. Other Recorded as in Attendance: Village Officials and Staff: Heather McFarland Assistant to the Village Manager Kathy Thake Village Manager (Remote) Molly Burns Management Analyst Michael Blue Village Planner, Teska Associates Megan Mack Village Attorney, Ancel Glink Others: Dennis Garvey New Look Development Michael Freiburger New Look Development Reed Edwards New Look Development 2 Village of Kenilworth Plan Commission April 7, 2026 2 Eric Miller Vivial Vahlberg Rick Gordon Alice Reed John Schwartz John Gottschall Pam Katch David Joyce Kathy Kirrish Greg Kirrish Rob Wiebking Marjorie Zander AK (Remote) Sybil Benson (Remote) Boyd Zander (Remote) New Look (Remote) Lydia B (Remote) Leslie Burke (Remote) L Diveecchio (Remote) Chair Mohr informed the commissioners that Commissioner Berman had resigned and that her vacancy would be filled by Lars Djuvik. Agenda Item II. APPROVAL OF MINUTES: December 9, 2025, REGULAR MEETING MINUTES The Minutes of the Plan Commission meeting of December 9, 2025, were placed before the Commissioners. Commissioner Simpson made a motion to approve the December 9, 2025, Plan Commission Meeting Minutes, as presented, and Commissioner Fisher seconded the motion. A voice vote was taken as follows on the motion: Yea: Mohr, Simpson, Fisher, Stoelting Nay: None Absent: Kaufman, Djuvik Abstain: None The motion was approved 4 – 0 Agenda Item III.A. CONSIDERATION OF A REFERRAL BY THE VILLAGE BOARD REGARDING FURTHER EVALUATION OF A PRELIMINARY PLAN FOR A PLANNED UNIT DEVELOPMENT AT 515-519 PARK DRIVE Chair Mohr opened the meeting by swearing-in all in attendance who wished to speak on the agenda item. Chair Mohr stated that the Plan Commission would target an end time of 9:00 p.m. and asked the public to limit public comments to three minutes per person. Village Planner Michael Blue provided an overview of the request. Mr. Blue explained that the Village Board has asked for the Plan Commission’s feedback on whether the revised height of the proposed 3 Village of Kenilworth Plan Commission April 7, 2026 3 development addressed past concerns, and on the potential public benefits provided by the development. The revised proposal, he explained, was for an all residential four-story, 40’ tall building. Mr. Blue stated that 40’ is allowed via approval of a special use by the Village Board, and the residential use of the first floor may be approved by the Village Board as part of a Planned Unit Development. Commissioner Stoelting asked what the height maximum was for the residential district abutting the rear of the site. Mr. Blue responded that it is a 28’ maximum. Chair Mohr made a motion to open the public hearing, and Commissioner Simpson seconded the motion. A voice vote was taken as follows on the motion: Yea: Mohr, Simpson, Fisher, Stoelting Nay: None Absent: Kaufman, Djuvik Abstain: None Applicant Michael Freiburger reviewed the changes to his proposed development. Mr. Frieburger acknowledged understanding that the building height was the primary concern, and the first-floor commercial was removed in an effort to reduce the overall height. He further explained that the design intention for the building was to read as 33’ at street level due to the upper floor stepbacks. Regarding the decision to pursue a fully residential building, Mr. Frieburger stated it was necessary to meet height requirements; however, he believed it would lessen traffic impacts from the development. Mr. Freiburger next spoke to public benefit. In exchange for relief of the first-floor use requirements, Mr. Frieburger shared that they were prepared to assist with parkway enhancements, such as gateway signage or a pavilion in the Park Drive median for the community to gather. Commissioner Simpson asked if the residential first-floor stepped down. Mr. Frieburger responded that the residential units do, but the lobby does not. Commissioner Simpson requested information on the rear of the building. Mr. Frieburger stated that it would be articulated and have a color contrast. He explained that the front swoop on the proposal most recently seen by the Architectural Review Commission had been removed. Commissioner Fisher asked what the plan would be if the building had be 35’ tall and include retail. Mr. Frieburger responded that it would be more traditional, less articulated, and possibly available as a rental. Commissioner Simpson reminded other commissioners that if the proposal was not reviewed as a PUD request, the public benefit would no longer be required by code. Co-applicant Reed Edwards shared that a code compliant proposal would not look like an outcome the community would want. Their goal, he further explained, was to do something special for the area. In response to a question regarding the amount of money needed to make a code compliant project viable, Mr. Edwards explained they would need close to $1 million. Mr. Edwards stated the cost of the properties alone totaled $1.3 million. Commissioner Fisher suggested that the applicants could inquire about tax abatement with the Village. 4 Village of Kenilworth Plan Commission April 7, 2026 4 Commissioner Stoelting asked what they benefit to the Village would be. Mr. Frieburger responded that it would increase property values, improve the streetscape, serve as a spark of vibrancy, provide a need for people to downsize, and redevelop a vacant property. Chair Mohr expressed concern over the proposed first-floor residential; once it becomes residential, it would be unlikely for it to return to a commercial use in the future. Commissioner Fisher stated there were many pros and cons. Commissioner Simpson suggested the developer invest in improving the rear alley as a public benefit. Commissioner Stoelting agreed. Commissioner Simpson also expressed support of the pavilion in the Park Drive median if the residents were in favor. Commissioner Fisher stated that they should be flexible on retail, but he was concerned with setting a precedent for permitting a development exceeding 35’ in height. Commissioner Simpson noted that the code allows for 40’ with permission. Commissioner Simpson asked for the Village Board’s questions to be restated so the commissioners could provided a response: Building Height Relief • The proposed building at 40’ in height minimized the development’s impacts • Mixed consensus on whether the building remained too tall Public Benefit / First Floor Residential Relief • Loss in retail would improve traffic and safety impacts • Public benefit is not substantial enough to grant relief from code requirements • Consider improvements to the adjacent alley as a public benefit Public testimony from those in attendance is summarized below: David Joyce Mr. Joyce noted the proposal was different than what was shown to the Village Board and the Architectural Review Commission. Mr. Joyce asked that the proposal be finalized to limit the number of meetings the public had to attend. Greg Kirrish Mr. Kirrish stated that the community is not against retail, however, there are existing concerns regarding delivery drivers. In addition, Mr. Kirrish expressed concern over the height of the building and how it contrasts with the adjacent residential district. Eric Miller Mr. Miller shared that the proposal would create a shadow over his home and lead to loss of light. He further explained that a large building would create a wall between the west and east sides of Kenilworth. Vivian Vahlberg Ms. Vahlberg echoed concerns regarding the height impacts to the adjacent residential district. Ms. Vahlberg suggested the developer add the neighboring business district parcels west of the alley to the development. 5 Village of Kenilworth Plan Commission April 7, 2026 5 Kathy Kirrish Ms. Kirrish shared that six homes use the existing alley and the proposed condo units would negatively impact an already congested area. Rob Weibking Mr. Weibking shared concerns about the building height and noted that the rear of the development still needed to be addressed. Alice Reid Ms. Reid noted that if the retail was lost now, it would never return. Ms. Reid also expressed concern regarding the children that use the alley. Margie Zander Ms. Zander thanked the commissioners for their thoughtful discussion. Ms. Zander highlighted that the fourth floor should be a half story per the Village code. Louis Keiler Mr. Keiler shared that current regulations are too permissive and that the developer was looking to hijack the review process. Mr. Keiler stated opposition to first-floor retail on Park Drive. **End of public testimony** Chair Mohr made a motion to close the public hearing, and Commissioner Fisher seconded the motion. A roll call vote was taken as follows on the motion: Yea: Mohr, Simpson, Fisher, Stoelting Nay: None Absent: Kaufman, Djuvik Abstain: None The motion was approved 4 – 0 Commissioner Simpson asked the developer if they had approached the shoe store and cleaners. Mr. Freiburger responded that they had, but that the negotiations were not fruitful. Agenda Item IV.A. OTHER BUSINESS None Agenda Item V. BUSINESS FROM THE PUBLIC None Agenda Item VI. ADJOURN Chair Mohr made a motion to adjourn the meeting, and Commissioner Simpson seconded the motion. A voice vote was taken as follows on the motion: 6 Village of Kenilworth Plan Commission April 7, 2026 6 Yea: Mohr, Simpson, Fisher, Stoelting Nay: None Absent: Kaufman, Djuvik Abstain: None The motion was approved 4 – 0 The meeting adjourned at 9:09 p.m. Respectfully Submitted, Heather McFarland Assistant to the Village Manager 7 Request for Commission Action Agenda Item: III.A Staff Contact: Michael Blue, Teska Associates Heather McFarland, Assistant to the Village Manager Subject: Public Hearing to Consider Text and Map Amendments to Chapter 153 of the Kenilworth Village Code as Part of a Comprehensive Update to the Village Zoning Ordinance Summary: The Village of Kenilworth began a comprehensive zoning code update at the beginning of 2025. Working with Village Staff and the Village Attorney, Teska Associates has guided the effort and led document drafting. The update focused on making the code clearer and easier for zoning applicants to use. Insight into Village goals for the update and policy direction on the update was provided by an ad-hoc workgroup comprised of a Village Trustee and current Village commissioners, in addition to the Village Board and Architectural Review Commission. The updated draft zoning ordinance is now complete, and the Village is conducting the formal hearing to consider adopting the updated Village Zoning Ordinance. Background of Matter: The last major update of the Kenilworth Zoning Ordinance (“code”) was conducted in 1969. Various regulations and code sections have been updated since then, but the age of the code and practice of periodic changes make it a challenge for applicants to use. As a result, the code does not reflect current best zoning practices nor support modern living expectations of older and historic homes. Three overarching points describe the update process and the revised zoning code: 1. The updated zoning code being considered to regulate use and development of property moving forward is primarily the same as the current zoning code. There has been great effort by the Village (residents, officials and staff) through the update process in considering possible changes to development regulations and procedures for applying those regulations. The ad-hoc Workgroup considered questions ranging from how to limit the bulk of new homes to the right construction materials for fences. Even in the last few months, the Village Board and Architectural Review Commission have workshopped options for commission structure, application of design standards, and procedures for zoning relief. Those discussions have set a direction for the update that the way land use is regulated in the Village should be modernized, but community character must be preserved. The update was also informed by community input at two open houses, community surveys, and from attendees at Village meetings. As a result, the depth and thoroughness of those discussions over the past two years provides confidence that every aspect of the code, whether refined or not, has been thoughtfully considered in light of Village goals for Considered By: Date: Plan Commission Plan Commission (future) 10/19/26 10/21/26 Village of 8 respecting and preserving Kenilworth’s historic charm and livability. Changes were only made to regulations and procedures as necessary to accomplish those goals. 2. The text of the zoning ordinance has been completely rewritten. The primary findings from an audit of the zoning ordinance, which was conducted in 2024 and informed the decision to update the code, were that its wording and the manner in which regulations were outlined created a code that was simply too hard to navigate and rules that were difficult to understand and apply. At its most basic, the code was written in complicated, circular language that required recurring clarification and explanation for residents and their designers trying to apply the code. Additionally, the code requirements relevant to improving a particular property were spread throughout the code. This structure added to the challenge of using the code and potential for requirements to be missed. Therefore, while the regulations are largely the same, the code’s text has been rewritten from top to bottom. Because of this, there is no ‘red-line’ edit of the current to the updated zoning code as it would be impossible to follow. 3. The update modernizes the code and how residents can use their homes. As opportunities for modern living have changed over the years, the code has not kept up. Larger vehicles, mud rooms, outdoor kitchens, backyard decks, and larger closets are examples of modern living goals that were not contemplated when the code was drafted and must be navigated today. This is especially important to encourage preserving and modernizing existing homes, rather than seeing requests for them to be torn down. These accommodations are not made by allowing larger homes. To the contrary – allowable home sizes in the update are the same, and a new “light plane” standard works to minimize the impact of the bulk of new homes on neighbors. Modern amenities are clearly defined and incorporated into the code so they can be fairly and consistently regulated. Further, standards for zoning variations have been clarified and modernized to better reflect requirements of Illinois zoning law and provide a clearer structure for considering zoning relief applications (e.g. variation requests). The Update Process The Village’s effort to comprehensive review and update of the Village’s zoning code began in 2024. Key milestones in the process are summarized below: • Zoning Audit – Summer 2024: A technical audit of the zoning ordinance was prepared for the Village by Teska Associates. Reflecting the points above, assessment of the code found that: 1. Wording in the code was overly complex and confusing. 2. Standards were too complicated and hard to apply. 3. Structure of the code (outline and numbering system) was not logical and hampered usability. 4. Limited use of tables and graphics also hindered usability. 5. Modern regulations were not reflected to address residential development. • Survey and Open House – Fall 2024: Several policy questions to guide consideration of zoning changes were outlined in the audit. These policy items related to considering the Village’s role in regulating land use, how those regulations are most appropriately applied to residents’ properties, and how to preserve community character. These policies were the focus of a community survey and open house. The findings were a clear preference for maintaining existing community character, an understanding that zoning 9 procedures could be modernized, and a concern over the impact of potentially too large of homes. • Workgroup Established – Winter 2024. To draw further insight into these policy questions, the Village Board established an ad-hoc Workgroup chaired by a Village trustee and comprised of a representative from each of the Village’s commissions. The Workgroup held three meetings to discuss the audit and community findings. Their workshopping of the topics led to similar findings as those from the survey and open house, which added depth of understanding to each of the policy questions. Findings from those meetings are included in the same summary report as the survey and open house. • Annotated Draft and Workgroup Review – 2025-Early 2026. Initial drafting of the update was conducted in six “blocks,” as further described below. These were established to facilitate a logical code development process, with more substantive code sections (administration, zoning districts, and general provisions) prepared first. The process also allowed the Workgroup to have detailed discussions about intent and direction of the draft sections. • Additional Survey and Open House – Fall 2025. A follow-up survey and open house were conducted to consider community design preferences for commercial and residential areas. Consistent with previous outreach and results of Workgroup discussions, emphasis was placed on maintaining Village character and quality of life as the code standards and procedures were modernized. • Final Update Drafting – throughout 2026. Based on the community input and Workgroup feedback, the public hearing draft of the code has been prepared for Village consideration. The draft has been reviewed in detail by an internal workgroup comprised of the Village Manger, Asst. to the Village Manager, Building Development Coordinator, and Village Attorney. Key Policies Review. A small number of key policy questions related to zoning approval processes and bulk standards in the B District were recently addressed prior to finalizing the public hearing draft. The Village Board considered the concepts of 1) combining the Plan Commission and ARC to streamline approval processes, 2) increasing height in the Business District to allow new development to be taller than under the current standards, and 3) allowing administrative approval of minor variation requests. The ARC also discussed whether to allow for administrative approval of some Certificates of Appropriateness for signs and architectural elements on existing buildings. Certificates of Appropriateness are currently granted by the Architectural Review Commission. The Village Board opted to maintain the current commission structure and Business District regulations, and expressed openness to allowing certain zoning variations to be considered administratively. Related to Certificates of Appropriateness, the ARC recommended that certificates for building elements continue to be heard by them. Lastly, and based on their discussion, the code update has all signs continuing to come before the ARC for approval so the processes and considerations for Certificates of Appropriateness are consistent. 10 Workgroup Code Review Section The order, intent and approach for each of the code review sections is described here. Several policy questions from some of these sections that remain for Plan Commission discussion are outlined later in this memo. 1. Administration Section + Planned Unit Developments. These code sections outline all processes and procedures related to zoning enforcement. They specify roles and responsibilities of relevant commissions, staff, and the Village Board; procedures for Village enforcement tasks and zoning relief also are outlined. These sections are drafted first as they inform the direction of others. 2. General Provisions. This section outlines regulations generally applicable to all zoning districts. The section addresses items such as accessory structures, permitted obstructions in required yards, fences, temporary uses, definitions related to demolition of a structure, alternative energy systems (e.g. solar panels) and others. This section also consolidates commonly applicable standards so they are easier to find. 3. Zoning Districts. Zoning districts are applied to the Village and set different use and bulk standards as appropriate to the location in the Village. As has been noted, the presentation of these standards has been structured to be more user friendly, but the standards related to height, setback, building size, and land use have not been revised. The notable edit in this section is to create a more streamlined list of permitted and special uses in the Business District, which is explained further below. 4. Design Guidelines. The Village currently has design guidelines for the Business District and nonresidential uses, like churches, in residential districts. Based on community feedback, these standards have been updated and augmented to reflect goals for community character and appearance of the Business District. Note that the included images and formatting of the guidelines may change closer to final consideration. 5. Signs / Parking / Nonconformities: These three sections were reviewed as a group as the focus was on making them clearer, easier to use and modernizing their application. The intent was not to advance substantive changes in them. a. Sign regulations have been revised to be “content neutral”, as required by a recent Supreme Court decision. Content neutrality is a standard requiring that signs be regulated only on their “time, place, and manner”, not content. Signs can only be regulated as to size, location, and period of time that they are displayed. b. Parking standards are essentially the same, with new best practices and recognition of the recent People Over Parking Act incorporated. c. Nonconforming Lots, Structures, and Uses have been completely revised because the existing section was found to be misaligned with development and legal best practices. This section addresses how lots, structures, and uses based on previous code standards, but no longer meet current regulations, can be used. 11 6. Definitions. The last section drafted, so as to incorporate all the changes noted here, are the definitions. From a zoning enforcement perspective, this is a significant element of any zoning ordinance. Edits were made to ensure that all uses and accessory structures were included, and to also clarify existing definitions. Summary of Changes in the Updated Code Final drafting of the code has been conducted over the course of 2026, resulting in the public hearing draft now being considered by the Village. As noted above, while the language and structure of the code have been completely updated to facilitate ease of use, the essential intent and regulations of the current code are maintained. Primary changes and noteworthy items retained for the update are summarized in an attached memorandum. Policy Questions As the Workgroup moved through the draft code, a number of policy questions were discussed. To the extent there was consensus on them leading to code changes, those have been incorporated into the public hearing draft and noted in the memo referenced above. However, several items remain for further review. The Plan Commission is asked to provide direction on the policy questions noted below: 1. Coach houses are found on several properties in the Village. As a matter of policy, the Workgroup noted that use of these as part of the residents’ living space was appropriate, but that they should not be available for rent to others as an Accessory Dwelling Unit. At question is whether having coach houses as dwellings for the property owner is appropriate, or if the space should serve only as extra room for non-dwelling uses such as an office, storage, workout space, etc. As defined in the draft, the coach house would be for those functions only. The policy question is whether it is appropriate for coach houses to be allowed to have living facilities for the resident family. (Found in Definitions of “Coach House” and “Dwelling”) 2. Pergolas may currently be in a backyard and do not count toward overall lot coverage as they are typically open to the sky or latticed. Recently, a louvered version of a pergola has become an option. It can be open or closed. The policy question is since these have a roof, and are sometimes closed to the sky, should they be considered as part of overall lot coverage? (Found in Definition of “Lot Coverage) 3. Attached garages for new construction are required in the update draft to be set back five (5) feet from the front of the house. This is an architectural feature found on a number of homes in the Village and has been noted as an attractive element. Understanding that the policy cannot be applied to existing homes, the question is whether to apply it to homes constructed after the adoption date of the updated code. (Found in Section 153.03 (C)(3)(b)) 4. Food and Beverage Establishments (restaurants et. al.) are permitted in the Business District to encourage the use. Some communities specify that restaurants having live performances or dancing are to be a special use. The draft update incorporates this requirement since the Business District is close to residential uses, and noise may be a 12 concern. The policy question is whether to keep restaurants with live performances or dancing as a special use or remove the requirement and allow the activity without additional regulation as an accessory function of the restaurant. (Found in Land Use Table: 5.24) 5. New development of 10,000 square feet or more in the Business District requires a special use permit. In the current code, a special use permit is also required for: Substantial alterations to buildings or structures resulting in a floor area of 10,000 square feet or more. The intent of this statement needs clarification as to whether it applies to 1) buildings already over 10,000 square feet that might receive a major interior renovation (an approach that may discourage renovation of existing buildings), or 2) to situations where an addition increases the size of a building smaller than 10,000 to be over the threshold or 3) both situations. The policy question is which of these situations should require a special use permit. (Found in Land Use Table: 5.24) 6. Zoning codes often specify the types of variations that may be considered for relief. In some cases, relief is allowed to be considered only around a focused set of quantifiable standards (setbacks, floor area, parking spaces, etc.). Another common approach is that variations are broadly allowed to any code standards except those generally considered to be unsound planning. Relief to nonconforming standards, permitted and special use lists, or zoning administration and enforcement are considered unsound zoning. The latter approach is taken in the draft update (Section 153.09 (M)(3)); however, use variations may be considered through a Planned Unit Development. In built-out communities, such as Kenilworth, this approach is found useful as any number of regulations may turn up as generating a reasonable hardship. The policy question is whether to take the broader or narrower approach to the consideration of variations. Action Requested: It is recommended that the Plan Commission open a public hearing for consideration of the Zoning Ordinance Update, take public comment, deliberate on the update, and make a recommendation to the Village Board regarding adoption of the code. The Plan Commission can recommend approval, approval with conditions, denial, or to continue the public hearing. Framework for Review As two meetings are set aside for the public hearing, it is suggested that the meetings be used to: • October 19, 2026 Meeting: Consider “Summary of Changes in the Updated Code” by each section as presented in this report, hear public testimony, and provide direction as to incorporate, remove, or revisit changes. • October 21, 2026 Meeting: Consider policy questions, hear public testimony, and provide direction on those matters. 13 Attachments: Supporting documents from the code development process are attached: 1. Summary of Code Changes – Memo from Teska Associates 2. Zoning Code Audit (2024) 3. Draft Updated Code 4. Policy Summary Report - Survey, Open House, Workgroup (2024) 5. 2nd Open House and Survey Summary PowerPoint (2025) 6. Draft Updated Design Guidelines 14 BUILDING COMMUNITY, CREATING PLACE 627 GROVE STREET, EVANSTON, IL 60201 (847) 869-2015 WWW.TESKAASSOCIATES.COM MEMORANDUM To: Heather McFarland, Assistant to the Village Manager, Village of Kenilworth Cc: Greg Jones, Partner, Ancel Glink From: Michael Blue, FAICP, Vice President of Planning, Teska Associates, Inc. Natalie Crown, Associate Planner, Teska Associates, Inc. Date: September 25, 2026 RE: Zoning Ordinance Update – Substantive Code Changes As the draft Zoning Code Update moves to public hearing, this memo serves to memorialize substantive changes from the current zoning code. The muddy structure and overly complex language of the code led to a complete rewrite of the text, making a redline version of the amendments unhelpful. Therefore, key changes to the current code are summarized here. Where noteworthy, regulations that have been maintained from the current code are also highlighted. Administration Sections 1. The structure of commission and staff responsibilities is very similar to the current code. Those processes are shown in the table below, with changes to the current code highlighted. The changes allow for minor variations to be approved by the Zoning Administrator and establish the Village Board as an appeal body to Certificate of Appropriateness determinations by the ARC. This change allows businesses and commercial property owners to seek further consideration if appropriate. Two other changes are made to provide consistency in what matters are heard by commissions; the Plan Commission will hear all Special Uses, and the ARC will hear applications for sign variations. MATTER HEARING BODY HEARING BODY ROLE FINAL ACTION BY: APPEAL Appeal ZBA Decision ZBA NA Variation ZBA Decision ZBA NA Variation – with Special Use PC Recommendation Village Board NA Variation – Signs ARC Decision ARC Village Board Variations – Minor Zoning Administrator Decision Zoning Administrator ZBA Special Use (All) PC Recommendation Village Board NA Map/Text Amendments PC Recommendation Village Board NA Planned Unit Development PC Recommendation Village Board NA Certificate of Appropriateness ARC Decision ARC Village Board Certificate of Appropriateness – With Special Use ARC Recommendation Village Board NA 15 Page | 2 627 GROVE STREET, EVANSTON, IL 60201 (847) 869-2015 WWW.TESKAASSOCIATES.COM Legend: ZBA – Zoning Board of Appeals | PC – Plan Commission | ARC – Architectural Review Commission 2. Planned Unit Development (PUD) Section a. PUDs will be allowed as a Special Use in more than the Business District. R-4 Single- Family Residential District and non-residential uses in residential districts could be considered as a PUD to facilitate applying those standards to complex developments. b. PUDs will now be heard first by the Plan Commission (PC) and then by the Architectural Review Commission (ARC). This reverses the current practice and development impacts and other zoning matters to be evaluated first. Both commissions would continue to serve as recommending bodies to the Village Board. c. No changes have been made to the standards that can be relieved through a PUD. d. A pre-application meeting with the PC has been incorporated into the PUD process to allow for more effective public hearings of applications. e. Processes for a community workshop to share a development with residents before an application is submitted has been added to support community awareness. f. The role of the ARC in confirming that final designs meet Village Design Guidelines before consideration of final development has been formalized. 3. Administrative Variations: Administrative variations by the Zoning Administrator (ZA) would be allowed in limited circumstances. All other variations would go to the Zoning Board of Appeals (ZBA). Consideration of an administrative variation requires neighbor notice by letter and sign, proof of notice, and meeting all variation standards. Any neighbor’s objection would require the request to follow the standard ZBA processes. In addition, if found that extenuating circumstances apply, the ZA can forward such applications to the ZBA. Allowable administrative variations would be for minor amounts of relief for a limited number of regulations: a. Variations from the maximum required floor area, building coverage or impervious coverage requirements; provided, the granted relief shall be limited to a variation of no more than one percent (1%) above the maximum; and b. Variations from the front yard, side yard, or rear yard setback requirements; provided, the granted relief shall be limited to a Variation of no more than five percent (5%) from the required distance. 4. Variation standards have been revised to reflect those applied by Illinois case law (LaSalle Factors) and allow home modernization to be considered as factor in determining approval. 5. Zoning application processes have been simplified to allow use of first-class mail for notice. Certified mail is used in some communities, but it is not required by State statute, cumbersome, costly for residents, and is no longer considered the best practice. 6. Variation expiration dates have been extended to one year, which is a more common standard. Currently, they must be acted on within six months to remain valid. 7. A completed zoning application, as determined by the ZA, is required before a zoning matter can be heard. 16 Page | 3 627 GROVE STREET, EVANSTON, IL 60201 (847) 869-2015 WWW.TESKAASSOCIATES.COM 8. The submittal requirements for each zoning process have been detailed. The ZA may require additional information or indicate that information not relevant to the particular case is not required. 9. The process for paying fees and collection of an escrow to cover Village out of pocket expenses for all zoning applications has been clarified. An escrow was not previously required for Certificates of Appropriateness or variation requests. These request types are most common and incur costs for third-party reviews. 10. Changes in ownership of a special use, most likely a specific business in the Business District, require approval by the Village Board as the special use authorization is not automatically transferred. General Provisions Section 1. A Setback Plane standard is added to residential districts to limit building bulk. It is a tool utilized by other communities that defines an imaginary 45 degree angled “plane” to require a step back (most commonly a pitched roof) above the 2nd floor of buildings. 2. Fences adjacent to nonresidential uses or alleys are allowed to be eight feet tall (rather than six) to minimize impacts of sound and views on residences. 3. Attached Garages a. Allowance for side-loaded attached garages to extend beyond the front of a house with a second floor has been clarified and included. b. Requirements have been added for front-loaded garages on new homes to be set back 5’ from the home’s front façade. This is noted as a policy question for further discussion. 4. Fence Materials a. New chain link fences are not allowed. Existing ones can remain nonconforming. b. Materials allowed for fences are wood, metal, masonry, wrought iron, or composite material that presents the appearance of a permitted material. c. Regulations for Living Fences (landscaping) have been kept from the current code. 5. A two-foot minimum setback for accessory structures is specified, and now includes driveways. This is consistent with the Village’s drainage and grading code. 6. Hight restrictions for spires and other appurtenances on non-residential buildings have been set to 75’ in height. The current code allows them to exceed height standards but does not set a limit. As an example, the spire at KUC is approximately 72’ high. 7. Vision Triangle requirements have been clarified to apply at intersections of streets, driveways, and alleys. 8. Solar energy systems are allowed, but only on the roof of a structure when meeting district height allowance. Wind energy systems were removed from the code but may be revisited at a later time. 17 Page | 4 627 GROVE STREET, EVANSTON, IL 60201 (847) 869-2015 WWW.TESKAASSOCIATES.COM 9. Outdoor kitchens have been defined and allowed as a rear yard encroachment. 10. Screening requirements for generators and air conditioners have been incorporated. 11. The 20’ maximum width for garage doors facing a street remains unchanged. Zoning Districts Sections 1. Some zoning districts have been consolidated to simplify use of the code and eliminate districts with few or nearly no standards. The consolidations do not change established standards. a. Railway and Auto Parking districts are incorporated into Municipal Lands (M-2) District. b. Schools District are incorporated into Municipal Lands (M-2) District. c. Mahoney Park and Parks / Playground districts are consolidated into an Open Space District. Note: Mahoney Park is still protected from development by land restrictions. 2. Use lists have been consolidated around defined “use categories” for Retail Stores and Personal Services. This allows for more types of uses with similar, limited zoning impacts to be encouraged on the Green Bacy corridor. For example: a. Retail Store would now include: appliance store, art gallery, art supply, book/music store, clothing store, florist, gift store, grocery store, specialty food and beverage, etc. b. Personal Service would now include: barber shop, dry cleaner, hair salon, interior decorating service, shoe repair, tailor, etc. 3. The Business District requirement of a special use permit for a 10,000 square foot building has been clarified to be for new buildings or additions that push a building over that size (see policy question). 4. The credit for desirable architectural features on existing homes to not count toward Floor Area, such as bay windows, open porches, and covered entries up to 10% of their area, is now similarly applied to new homes. 5. Use of coach houses is clarified but requires consideration if living space is appropriate (see policy question). 6. Substantial Alterations are a threshold that when crossed (50% change) triggers a lower floor area allowance (FAR). This definition currently includes a detached garage in the same calculation as the house. The update separates out the detached garages from that calculation so that changing only a detached garage does not trigger the reduced FAR threshold. Parking and Loading Section 1. The parking section acknowledges the new State of Illinois People Over Parking Act, which preempts local parking regulations from having minimum parking requirements for new developments within one half mile of a transit hub (e.g. Metra Stations). This covers the entirety of the Business District along Green Bay Road. The updated parking section offers that the 18 Page | 5 627 GROVE STREET, EVANSTON, IL 60201 (847) 869-2015 WWW.TESKAASSOCIATES.COM current standards be a benchmark for new developments to voluntarily apply. Developers are anticipated to provide parking based on their estimation of need for business uses or dwellings. 2. Minimum residential driveway width is set to 15’ for new driveways. This change is intended to preserve the open character of the community and establish guidance on what is permitted. 3. Loading area plans are required for new commercial uses, which allows the ZA to consider the plan and maintain safe use of alleys along the Green Bay Road corridor. 4. Clarifies that parking pads are allowed in interior side and rear yards behind the front line of a principal structure. 5. Clarifies leased/rented spaces in residential districts must be in a garage. 6. Requires a limited amount of bicycle parking for commercial or multi-family developments. 7. Requirements provided for dimensions of new parking spaces, screening of parking along streets in non-residential districts, and shared parking on business sites. Design Guidelines Section 1. Design Guidelines will continue to be a separate document incorporated by reference as “Business District Design Standards” for the Business District. Similarly, “Appearance Plan Standards” for non-residential uses in residential districts are included. 2. Existing design guidelines are primarily maintained, but additional standards are provided based on community input, including: a. Buildings in the Business District must have 360 degree architecture, meaning the visible appearance from the rear must reflect the design of the front and sides. b. Gables and mansards (not false ones) continue to be the preferred architectural style. c. Balconies must be screened or recessed from front of the building. d. Roof tops, half stories, should be articulated with gables and steeper slopes. Nonconforming Uses, Structures and Lots Section 1. The text has been rewritten to bring it in line with legal best practices. This section addresses items that were previously constructed that no longer comply with the zoning code. The use and location of nonconformities is generally allowed to continue as long as the extent of the nonconformity is not increased. 2. Update allows for nonconforming fences, air conditioners, and generators to be replaced in the exact same location. This is a benefit to owners replacing these items without increasing impact on adjacent properties. Definitions Section 19 Page | 6 627 GROVE STREET, EVANSTON, IL 60201 (847) 869-2015 WWW.TESKAASSOCIATES.COM 1. All land uses and accessory structures are now defined. This supports clear and consistent zoning enforcement. 2. Definition of “Grade” is clarified as average of points at the front lot setback line at the side lot lines. This emphasizes that grade for a new home will be considered on how it appears from the street in comparison to adjacent homes. 3. The definition of “family” has been refined to match legal best practices. 4. Setback Plane has been defined and illustrated through a new graphic. 5. Current Village practices have been defined and clarified. Signs Section 1. Removal of content-based regulations: a. Memorial Plaque Signs have been removed. “Plaque Signs” are now regulated. b. Directory Signs have been removed. Additional wall signage is permitted for multi- tenant buildings near the entryway. c. Incidental signs have been removed. Signs that are De Minimums in nature such as a small open/closed sign or a small sign showing the hours of operation are allowed. 2. The regulation limiting logos to 15% of the sign area has been removed as it is not legally enforceable. 3. Definitions have been added for new signs or signs not previously defined, and definitions have been removed for content-based signs. 4. The size requirements and review process for individual signs and Master Sign Plans by the ARC have been maintained. 5. Administrative Approval for Signs part of an existing Master Sign plan. If a new sign matches the sizing, font, color, and all other design elements specified in a previously approved master sign plan, the Zoning Administrator may approve a Certificate of Appropriateness for that sign. ARC approval is still required to approve all Master Sign Plans. 6. Signs mounted on fences are prohibited. 7. A maximum of three colors are permitted in the design of a sign. 8. Additional prohibited signs have been specified: a. Vehicle Signs b. Interior Signs c. Signs with more than two faces d. Feather Signs e. Signs placed in vehicles 20 Page | 7 627 GROVE STREET, EVANSTON, IL 60201 (847) 869-2015 WWW.TESKAASSOCIATES.COM 9. Abandoned Signs must be removed within 30 days of vacation by the use to which the sign was associated. 10. Variation requests for signs will be heard by the Architecture Review Commission, and standards for sign variation requests have been included. 21 Memorandum To: Heather McFarland, Assistant to the Village Manager, Village of Kenilworth From: Michael Blue, FAICP, Principal, Teska Associates, Inc. Date: July 22, 2024 RE: Kenilworth Zoning Assessment Findings Report A review and evaluation of the Village of Kenilworth Zoning Ordinance is provided in this report, which also outlines the ordinance’s various strengths and weaknesses and provides suggestions on whether some or all of the Ordinance should be rewritten. The assessment process included discussions with “customers” of the Ordinance (local design professionals), Village staff, Village Attorney and the Village Steering Committee established to review the Ordinance. It also involved a complete review of the Ordinance document and supporting information (permit applications, website information, assessments by others, etc.). Summary of Findings The most notable characteristic of the Village of Kenilworth Zoning Ordinance is its age. As noted in Ordinance citations throughout the document, principal drafting is from the late 1960s. Several additions and clarifications have been added since, but the Ordinance is entirely out of step with how modern codes are drafted and applied. Much has changed since principal Ordinance drafting in terms of zoning best practices, construction and development industries, and how people live in their homes. Considering these factors, the main finding of this assessment is that the Village will be best served by a complete rewrite of the Zoning Ordinance. This will not surprise regular users of the document. The Ordinance is a byzantine set of regulations and procedures that are out of step with modern practices, difficult to read and interpret development standards, and a lack of elements that support a user- friendly zoning document (explanatory graphics being needed most). Before simply tossing the current code in the recycling bin, a few considerations must be addressed. Most importantly is the fact that Kenilworth is unlike other communities – given its size, location, property values, history, architecture, and community mindedness. So, it is reasonable to anticipate that local development regulations would likewise be unique. While the need to make the document customer friendly, clear to interpret and reflective of modern practice goes without saying, the more important consideration is determining how well the Ordinance advances Village goals for development and how an update can more effectively advance those aims. This asks the question, packaging aside, are the outcomes (intended or not) of the current regulations still in keeping with Village objectives? Moving Forward At its most basic, the purpose of zoning is to regulate the uses of land allowed on a property, as well as the size, bulk, and location of structures on that property. How this is done and how it advances related community goals is, of course, the crux of the matter. Therefore, the next step in the process of 22 Page | 2 evaluating and refining the Kenilworth Zoning Ordinance is just that, determining what are Kenilworth’s needs, goals, and expectations for its development regulations. To start that process, several policy questions can be considered to help define objectives for the Ordinance and related processes. This will help define what elements are important for development regulations in Kenilworth and the extent to which zoning is the right tool to accomplish them. These policy questions include: 1. What is the Village’s role in regulating development of homes on private property? 2. What is the Village’s intent in using zoning to regulate the design of homes and commercial structures? 3. Should aspects of architecture and design significant to the Village’s community character continue to be incorporated into zoning regulations, or should there be less emphasis on that in the Zoning Ordinance? 4. Is a property owner’s need to make an older existing home more livable and include modern components (mud rooms, larger garages, master bedrooms, etc.) an appropriate aspect of zoning consideration? 5. What aspects of zoning relief might be considered as an administrative function (approved by staff under specific circumstances and standards)? 6. What potential adverse impacts on neighboring properties should be emphasized in the Zoning Ordinance? 7. How should existing coach houses be incorporated into the fabric of development in the Village? 8. Are the current structure of commissions and zoning processes efficient and effective in advancing Village goals for development? Should options for changes to the current structure be evaluated? If the Village opts to move forward with updating the Zoning Ordinance, policy questions such as these would be the first step in that process. Writing zoning regulations, while a precise and time-consuming task, is the more straightforward part of the update. The challenging, and essential, task is deciding what is to be regulated and the form in which those regulations will be applied. These policy considerations should be thoughtfully scoped as part of an update. As for the technical needs of the update, they are noted in the next section. Technical Considerations Assessing the Village Zoning Ordinance against current zoning best practices sheds light on its deficiencies and opportunities for refinement. It should be noted that implementing a code update should always build from the current set of regulations. As noted below, the intent of standards in the current code often is desirable, but not clearly conveyed in the document. Further, completely revising all or most of an existing code is not a sound approach. Such changes create new confusion for users, nonconforming situations on existing properties, and overwhelming administrative needs to learn, manage and apply the new regulations. Therefore, the optimal approach is to identify and maintain desired standards but make them clear in the document and straightforward to apply. The sections that follow identify issues and opportunities related to updating main sections of the current Kenilworth Zoning Ordinance. These observations are general in some cases, and others raise questions to be addressed as part of an ordinance update. In addition, Village staff maintains a list of issues and suggestions about the Ordinance compiled over time; these issues arise from working with 23 Page | 3 applicants to apply the code, and revising those will directly benefit residents and businesses looking to invest in their properties. General Observations 1. Numbering system has no clarity or hierarchy. 2. The wording of regulations throughout is overly complex and confusing. 3. The manner in which certain standards are applied is overly complex and confusing. 4. The document makes limited use of tables (which is helpful where applied) and has far too few graphics or images to help explain standards. 5. The “as of” dates in the code create confusion and difficulty in enforcement, they should be reviewed to understand their intent and value moving forward. Definitions (153.003) 1. Many definitions are out of step with modern usage and need to be updated (includes “fall out shelter”). 2. Graphics are needed where they can help to explain the definition. 3. Some definitions are overly complex or specific, and must be simplified for more effective application and enforcement (FAR, Lot Lines, and Building Height are examples of very complex definitions). The purpose of these definitions needs to be considered so their intent is preserved. 4. That the definition of Floor Area includes portions of an attic exceeding 5 feet was raised as a question during this review process. This standard counts non habitable storage space toward floor area, limiting the size of the structure. Whether this was the intent should be reviewed and any needed refinements made. 5. Regulations included in some definitions need to be removed so the definitions are broadly applicable, and regulations are kept to the body of the code. 6. Some definitions appear intended for a particular situation; they should be broadly applicable. 7. Additional definitions are found in sections throughout the code, they should be consolidated to the definitions section and cross referenced as needed. General Requirements and Provisions for All Districts: Part A: General Matters (153.030 to 153.039) 1. Some of the standards are very specific (such as nonconforming wrought iron fences are acceptable, except in certain districts). These situations need review to confirm if their intent is still relevant. 2. Standards for accessory structures (like fences) are included in these sections but would be more appropriately located in a general provisions chapter with other generally applicable standards located throughout the code (many of them are in the section on residential districts). 3. Antennas and Antenna Support Structures (§ 153.035) seems to relate to old technology. Whether it is still needed should be confirmed. 4. There is an extensive section on wind energy systems (WES), which should be reviewed for continued applicability and consistency with recent practices in the Village. Conversely, no standards are included for solar energy systems, which can be added. General Requirements and Provisions for All Districts: Part B: Signs (153.045 to 153.060) 1. The most important aspect of any sign code is its consistency with legal standards related to constitutionality. Many zoning codes are out of step with the latest standards for content neutrality and Kenilworth’s code is among them. An extensive update is needed, but the time 24 Page | 4 place and manner standards of the current code can be maintained. As part of an update, confirmation would be sought to confirm the current size and location standards meet Village intent. 2. This section needs to be shortened where possible. For example, there are extraneous standards that might be already addressed in the building or property maintenance code. 3. Definitions of signs need graphics or photos to understand the intent. 4. Village should confirm that “design criteria” for signs meet current intent. 5. Administrative approval for certain signs is allowed. This is an effective and customer serving approach. Residential District Regulations (153.065 to 153.086) 1. Zoning districts should have purpose statements to support enforcement of code interpretations, special uses, and amendments. 2. District regulations include several standards for specific geographies within certain districts (such as 153.067: Maximum Height of Buildings). This can create confusion. The utility of this approach should be confirmed, and application of the regulations simplified. Where the distinctions are not needed, they can be removed. 3. Graphics are needed to explain bulk standards. 4. Bulk standards should generally be maintained or revised in a way that will not create a significant number of nonconformities. 5. Several of the standards reflective of unique Kenilworth characteristics (such as application of average setbacks and average lot width) are an effective way to maintain character of the community overall and specific blocks in particular. 6. Some standards in this section relate to very specific situations (such as maximum parking on residential lots). The extent to which these have been a problem should be reviewed to consider if the standards are still needed. 7. The residential districts include clear use lists and standards in tables, a format which should be maintained. Business District Regulations and Miscellaneous Districts (153.095 to 153.170) 1. Business district use lists are clear but very specific. Application of more general use categories (like “Indoor Retail” or “Personal Services”) should be considered. This keeps use lists evergreen and allows a wider range of new businesses. 2. A number of use specific zoning districts are included for schools, parks, railroads and parking. The utility of these can be reviewed as they might otherwise be allowed as land uses in an existing zoning district or consolidated into a single “public use” district. Off-Street Automobile Parking (153.185 to 153.192) 1. The section includes parking restrictions and compliance requirements well crafted for Kenilworth, but they need to presented more clearly. 2. The schedule of required parking requirements is out of step with modern practices and should be reviewed. 25 Page | 5 3. Additional approaches to managing parking are found in newer codes. These can be considered but may not be appropriate in Kenilworth. They include: bicycle parking requirements, shared parking, guest parking and land banking of parking. Nonconforming Lots, Structures and Uses (153.205 to 153.211) 1. The section is well structured in that is considers the three key forms of nonconformities (Lots, Structures and Uses). 2. Past application of nonconforming standards and the Village’s intent for them should be considered as part of the policy questions noted earlier. 3. A legal review and redrafting of these standards is appropriate, as their application can be complex and contentious. Administration and Enforcement: Building Permits and Certificates of Compliance (153.225 to (153.276) 1. The administrative sections cover required functions and zoning entitlements, but the structure is confusing and will need to be reorganized in a more user friendly manner. 2. Certificate of Compliance (153.226) is clear and a useful process. 3. The section’s references to “Board” or “Zoning Board of Appeals” should be consistent in using its full name to not create confusion with the Village Board (also occasionally referenced). 4. ZBA has final authority on appeals of the Administrative Officer and on Variations. Some communities have the Village Board as final decision maker, which Village may consider. 5. Description of Architectural Review Commission (ARC) and their work specifies the Business District Design Guidelines as approval standards. These should be revisited to confirm they are still meeting Village goals. 6. The code sets the ARC as final decision maker, with an appeal to the courts. Alternatively, Village Board as the appeal should be considered. 7. In instances where the Administrative Officer is provided with authority for approving items, clear standards for that approval should be provided so that consistent and reviewable decisions are made. 8. The section on variations (153.244) specifies the type of items for which relief can be provided, but there is no limit on the amount of relief that can be approved (in terms of distance or percentage of the standards). The Village may choose to establish a maximum amount of relief that can be approved. 9. Standards for considering and approving variation are sound. Although there are a lot of them, they seem to be effective. 10. There is no allowance for minor variations that can be administratively approved. This can be an effective way to grant straightforward variations that the Village is comfortable considering in this manner. 11. The ordinance specifies certain single family attached dwellings as special uses. These seem to be related to particular locations and circumstances, which should be evaluated to confirm they are still relevant. 12. There are several accessory functions that require a special use. Again, these should be reviewed to confirm the approach still meets Village objectives. 26 Page | 6 13. Standards for consideration and approval of special uses are sound. 14. The current special use process should be evaluated for the extent to which it serves the Village’s needs, provides adequate materials and review processes, and it not overburdensome on applicants. 15. The ordinance indicates that the ZBA or PC will address special uses. Usually, one of the bodies is specified; this responsibility should be reviewed, clarified and simplified. 16. The Planned Unit Developments (PUD) section (153.246) is generally sound, understanding it was recently updated. How the Village has used this process, and how often, in the recent past, should be considered to determine ways in which it has been useful and the extent to which it may require refinement. 17. The application submittal requirements (153.247) outlined in this section are thorough, but should be compared against recent Village experience with applications to confirm that the information secured is useful and not overly expansive or limited. 18. The section on recoverable costs (153.291) is a useful tool. 19. Appendix A – Section I sets out Criteria for Appearance. It is unclear how these standards are coordinated with the Kenilworth Business District Design Guidelines (which are included by reference as Appendix C). Having this relationship clarified in the code will be helpful to users. 20. Steep slope and bluff standards have been in place for about 10 years and should be evaluated based on Village application of these standards to determine if refinements are needed. I look forward to discussing this zoning assessment further with you and the Steering Committee. 27 1 VILLAGE OF KENILWORTH VILLAGE CODE CHAPTER 153: ZONING PUBLIC HEARING DRAFT -- 2026 CODE UPDATE SEPTEMBER 28, 2026 153.01 TITLE, INTENT AND PURPOSE (A) Title. This Chapter of the Village Code of the Village of Kenilworth (Village Code), shall be known, cited, and referred to as the “Village of Kenilworth Zoning Ordinance”. (B) Purpose and Intent. This Chapter is adopted pursuant to the Village’s powers as granted by the Illinois Municipal Code, 65 ILCS, as may be amended from time to time, and includes the full scope of authority therein for the purpose of improving and protecting the public health, safety, comfort, convenience, and general welfare of the people. The fulfillment of this purpose is to be accomplished by pursuing the following objectives: (1) To establish adequate standards for the provision of light, air, and open spaces. (2) To avoid undue concentration of population. (3) To facilitate the provision of adequate public services such as transportation, water, sewerage, open space, and parks. (4) To zone all properties with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the Village. (5) To prevent the overcrowding of land, thereby ensuring proper living and working conditions. (6) To establish local standards for the review of exterior design of buildings and structures. (7) To define the powers and duties of the administrative and enforcement officers and bodies. (8) To lessen congestion on the public streets. (9) To protect all areas from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by inappropriate uses within the parameters of the standards and requirements of this Chapter. (10) To avoid the inappropriate development of lands and provide for adequate drainage, curbing or erosion, and reduction of flood damage. (11) To fix reasonable standards to which buildings, structures, and land shall conform. (12) To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the standards established by this Chapter. (13) To foster a rational pattern of relationship between residential, business, and other uses for the mutual benefit of all. (14) To isolate or control the location of unavoidable nuisance-producing uses. (15) To prescribe penalties for any violation of the provisions of this Code, or of any subsequent amendments hereto. (C) Interpretation. The provisions of this Chapter shall be held as the minimum requirements for the promotion of public health, safety, comfort, convenience, and general welfare in the Village. Where the conditions imposed by any provision of this Chapter, upon the use of buildings, structures, or land, or upon the bulk of buildings or structures, are either more restrictive or less restrictive than comparable conditions imposed by any other provision of this Chapter or of any other law, ordinance, or regulation of the Village, the regulation that is more restrictive or which impose higher standards or requirements shall govern. (D) Private Agreements. This Chapter is not intended to abrogate any easement, covenant, or any other private agreement. 28 2 (E) Provisions Separable. The provisions of this Chapter are separable as follows: (1) If any court of competent jurisdiction shall judge any provision of this Chapter, or any amendment hereto, to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment. (2) If any court of competent jurisdiction shall judge invalid the application of any provision of this Chapter, or any amendments hereto, to a particular building, structure, use, or property of land, such judgment shall not affect the application of said provision to any other building, structure, or property not specifically included in said judgment. (F) Application of Regulations. All buildings or structures constructed after the adoption of this Chapter, and all uses of buildings, structures, or land established hereafter, and all structural alteration or relocation of existing buildings or structures occurring hereafter shall be subject to all regulations of this Chapter, or any amendment hereto, which are applicable to the zoning districts in which such buildings, structures, or properties shall be located. (G) Previously Approved Plans and Regulations. In applying the standards of this Chapter, concurrence with plans and other regulations of the Village of Kenilworth shall be considered, including but not limited to: (1) The Village of Kenilworth Comprehensive Plan, (2) Kenilworth Design Guidelines – Business District (3) Green Bay Road Corridor Vision (4) Green Bay Road Conceptual Transportation and Streetscape Plan (5) Drainage and Grading Regulations: Chapter 150: Building Code, Drainage and Grading section of the Village Code, (6) Flood Hazard Protection Regulations: Chapter 151: Flood Hazard Protection Regulations of the Village Code, (7) Subdivision Ordinance: Chapter 152: Subdivisions of the Village Code, and (8) Steep Slope Regulations: Chapter 154: Steep Slope Regulations of the Village Code. (H) Building Permits. Where a building permit for a building or structure has been issued in accordance with law prior to the effective date of this Chapter, or any amendment hereto, and provided that construction was begun before that effective date, and completion is accomplished before permit expiration, said building or structure may be completed in accordance with the approved plans on the basis of which the building permit has been issued. (I) Compliance with Chapter. The regulations set by this Chapter for each zoning district shall be minimum requirements and apply uniformly to each property and structure within a zoning district. (1) All construction, conversion, enlargement, reconstruction, relocation or alteration of any structure shall be done in keeping with the regulations of this Chapter. (2) Any use of land shall be as permitted in the zoning district in which it is located. (3) Any application for a building permit or other permit, license, or certificate approved by the Zoning Administrator shall be in keeping with the provisions of this Chapter. (4) Nonconformities: Any nonconforming principal or accessory structure and use lawfully existing at the effective date of this Chapter may be continued, subject to the provisions of Section 153.07: Nonconforming Lots, Structures and Uses of this Chapter (5) It shall be unlawful for any person to violate, disobey, neglect, omit, refuse to comply with, or resist the enforcement of any of the provisions of this Chapter. 29 3 153.02 DEFINITIONS (A) Rules of Word Construction (1) Words used in the present tense shall include the future. (2) The word "shall" is mandatory and not discretionary. (3) The word "may" is permissive. (4) Words in the singular number shall include the plural number, and words in the plural shall include the singular number. (5) All definitions shall be gender neutral. (6) The word “Village” means the Village of Kenilworth, Illinois (7) The word "lot" shall mean a zoning lot, unless otherwise defined in this Chapter. (8) 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. Any word not defined in this Code shall be construed as defined in normal dictionary usage. (B) Definitions. As used in this Chapter, unless the context otherwise requires, the following words and terms shall be construed as herein defined: A: ABANDONED. Any structure, sign or other accessory use which has been discontinued for a period of 30 days or longer. ABOVEGROUND SERVICE FACILITY: A structure located on or above the surface of the ground, including any cabinet and the underground supports and foundations for such structure, that is used by a public utility or service provider to supply some public need or demand such as power, water, gas, telecommunications or similar benefit. ABUT. See ADJACENT. ACCESSORY STRUCTURE. See STRUCTURE, ACCESSORY ACCESSORY USE, See USE, ACCESSORY ADDITION. Any alteration that increases the floor area of a building. ADULT BUSINESS USE. Any commercial use of property of which a significant or substantial portion involves an activity distinguished or characterized by its emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas, including, but not limited to, the operation of an adult bookstore, adult card, gift or novelty store, adult entertainment cabaret, adult mini-motion picture theater, adult motel, adult motion picture arcade, or adult motion picture theater. ADJACENT. To touch, to abut, to lie immediately next to, and/or to share a common wall or lot line. ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. A cannabis cultivation center, craft grower, infusing organization, processing organization, dispensing organization, transporting organization, or any other form or type of business classified as a “Cannabis Business 30 4 Establishment” in the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705/1-1 et seq., as may be amended from time to time. AIR CONDITIONING UNIT. Mechanical equipment used for the cooling of buildings located on the same site as the unit. AIR SUPPORTED STRUCTURE: Any structure that derives its structural integrity from the use of internal pressurized air to inflate a pliable material envelope, such that air is the main support of the structure. ALLEY. A public right-of-way that affords a secondary means of access to abutting properties. ALTERATION, STRUCTURAL. Any change, other than incidental repair, which would prolong the life of, replace or add a supporting member of a building, such as a bearing wall, column, beam or girder, or any substantial change in the roof or exterior walls. ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. ANTENNA SUPPORT STRUCTURE. Any structure or apparatus utilized for the principal purpose of supporting an antenna. ANTENNA, BUILDING-MOUNTED. Any antenna mounted or affixed to the exterior roof, walls or other exterior part of a building or affixed to an antenna support structure affixed to the exterior roof, walls or other exterior part of a building. ANTENNA, GROUND-MOUNTED. Any antenna mounted on the ground or mounted on an antenna support structure mounted on the ground. ARBOR. A frame structure of wood or metal, similar to a trellis, having two sides connected above by an arch. ARCHITECTURAL ELEMENT. Any non-structural decorative, functional, or aesthetic feature, fixture, or projection that is attached, mounted, or affixed to the exterior of a building or structure. This may include, but is not limited to, awnings, canopies, exterior light fixtures, decorative shutters, or moldings. ARTISAN AND MAKER SPACE. A workspace or shop where communal or individual space is used for hobbyists, artisans and makers. Such spaces may include wood and metal working tools, digital media, laser cutters, 3-D printers, electronics, robotics, kitchen equipment, food, etc. The use may also include gallery and exhibition space with a retail component. AUTO REPAIR. An accessory use that includes equipping, repairing, hiring or temporary storing of motor vehicles, including collision service such as body, frame and fender repair. AUTOMOBILE, MOTORCYCLE, BOAT AND MARINE SALES AND SHOWROOM. The storage and display of multiple for sale motor or recreational vehicles in a completely enclosed building, and where any incidental repair is conducted within that same completely enclosed building. Arbor 31 5 AVERAGE FRONT YARD SETBACK: Where 30% or more of all interior lots along a frontage have a front yard setback of more, or of less, than the minimum required front yard setback, their average front yard setback shall be established as the Average Front Yard Setback for that block. AWNING. A structure consisting of a frame covered with canvas, fabric, vinyl or other similar flexible material attached to a building and extended over windows or doors or along a public sidewalk as a protection from the elements. B: BALCONY. An unroofed elevated outdoor platform open to the elements, not supported by the ground and projecting from an upper story and enclosed entirely by a railing. BASEMENT. The portion of a building between the surface of the lowest floor and the surface of the floor next above, any substantial part of which is located below the adjoining grade. BAY WINDOW. A window cantilevered from the exterior wall of a building above grade or resting on a building foundation and which extends from the primary exterior plane of the exterior wall and forms space with a horizontal area within the building. BEER / WINE BAR: An establishment where the principal business is serving alcoholic beverages to be consumed by the customers on the premises and in which serving food may be incidental to the business operation. Accessory sale of alcoholic beverages for off-site consumption is included as part of this use. BLOCK: A tract of land bounded by streets, or by a combination of streets and other natural, constructed, or defined barriers. BLUFF. An elevated segment of the Lake Michigan shoreline above the beach which normally has a precipitous front inclining steeply on the lakeward side. BREW PUB. A food and beverage establishment where beer is brewed or manufactured on the premises, with the primary distribution being in the full-service restaurant. The use may also include the sale of beer brewed or manufactured on-premises. BUFFER. An area of land left open with planted ground cover or landscaping designed to eliminate or minimize potential visual, sound, or other impacts on adjacent structures or land uses. BUILDING. Any structure that is built for the support, shelter or enclosure of persons, animals, or movable property, and is permanently affixed to the land. 32 6 BUILDING COVERAGE. The gross area of a lot occupied by the ground floor of all principal building(s) and accessory structures which are under roof. BUILDING HEIGHT. The vertical distance from grade to the highest point of the roof of a building or the highest point of a structure as follows: a. The height of the principal structure shall be measured from existing grade. b. The height of any accessory structure shall be measured from the average abutting grade. C: CANNABIS: “Cannabis” as defined in Section 1-10 of the Cannabis Regulation and Tax Act, as amended. CANOPY. An accessory structure consisting of a metal frame covered with canvas, fabric, vinyl or other similar flexible material attached to a building and which may be supported by freestanding posts primarily used for the purpose of shielding an entryway from the elements. CATERING. An establishment in which the principal use is the preparation of food to be delivered to and served at another location for public and private events. COACH HOUSE. A useable accessory space for the exclusive use of the residents residing on the property, located within a portion of an accessory structure and not designed and capable of functioning as a dwelling unit. COMBINED SIGN AREA. The aggregate total square footage of permanent commercial message signs allowed per occupant, including any combination of wall, window, projecting, awning and monument signs. The square footage of any exempt signs is not included when calculating combined sign area. COMMUNITY RESIDENCE: A dwelling unit shared by not more than ten (10) persons not related by blood, marriage, adoption or guardianship, plus their related staff, who live together as a single housekeeping unit and in a long term family environment in which staff persons assist in providing care, education, and participation in community activities for the residents with the primary goal of enabling the residents to live as independently as possible in order to reach their maximum potential. A group home may be shared by groups such as persons with disabilities or the elderly. COVERED ENTRY. An unenclosed entrance area adjacent to an exterior door covered by a roof. CURB LEVEL. The mean level of the established curb in front of a building. 33 7 D: DAYCARE CENTER. Any facility operated in a non-residential dwelling for the purpose of providing care, protection, and guidance to children or adults during only part of a 24-hour day. This term includes nursery schools, preschools, and other similar uses but excludes public and private educational facilities or any 24-hour care facility. DECK: An elevated, uncovered and open platform built above grade typically supported by pillars or posts. Decks may or may not be attached to a principal or accessory structure. DEVELOPMENT: Any manmade change to improved or unimproved real estate. DISTRICTS, NON-RESIDENTIAL. All zoning districts other than Residential Districts. DISTRICTS, RESIDENTIAL. The “R-1”, “R-2”, “R-3” and “R-4” Single Family Residence Zoning Districts. DOG RUN. An enclosed outdoor area intended for the exercising and/or containment of dogs and similar animals. DRIVE AISLE: A pathway for motor vehicles through a parking area that provides direct access to parking stalls on either or both sides of the pathway. DRIVEWAY. A private access way that provides direct vehicular access from a street or alley to a building structure or parking area. DWELLING UNIT. A group of connected rooms constituting a separate independent housekeeping establishment for a single family, physically separated from any other dwelling unit in the same building and containing independent cooking and sleeping facilities. DWELLING, MULTIPLE-FAMILY. A building, or portion thereof, containing two or more dwelling units designed for occupancy of two or more families, each living independently of the other family or families and having a common point of entry. DWELLING, SINGLE-FAMILY ATTACHED. A building containing more than one dwelling unit connected by an unpierced vertical party wall extending from the basement to the roof of the structure, with each dwelling having its own outside access. DWELLING, SINGLE-FAMILY DETACHED. A single dwelling unit designed exclusively for residential use and occupancy and is surrounded by open space and is not connected to any other dwelling unit E: EASEMENT: A specific area of land over which a liberty, privilege or advantage is granted by the owner to the public, a corporation or some particular person or part of the public for specific uses and purposes and which shall be designated a "public" or "private" easement, perpetual or for a given term and exclusive or nonexclusive depending on the nature of the particular grant. EAVE: The projecting lower edges of a roof, overhanging the wall of a building. 34 8 ENCROACHMENT: Any building or structure, or part thereof, in the required yard as defined by this Chapter. F: FAÇADE. The exterior walls of a building or tenant space exposed to public view or that will be viewed by persons not within the building. FAMILY. A family is: A. A person living alone; B. Two (2) or more persons related by blood, marriage or adoption (including foster children) living together as a housekeeping unit and occupying a single dwelling unit; C. A group of not more than five (5) persons, who need not be related by blood, marriage or adoption (including foster children) living together as a housekeeping unit; or D. A group of between six (6) and twelve (12) persons living in a community residence. FEDERAL COMMUNICATIONS COMMISSION (FCC). The Federal Communications Commission of the United States, or the successor to its responsibilities. FENCE. Any barrier or wall of posts, rails, gates and/or other members placed or used in whole or in part as a continuous boundary, as an ornamental feature, or as means of protection, security, privacy or confinement; does not include VEGETATIVE FENCE or RETAINING WALL. FENCE, OPEN: A fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains open spaces which affords a direct view through the fence. FENCE, VEGETATIVE. Includes any natural growing hedge, shrub or other plant life that is placed or used in whole or in part as a continuous boundary or barrier and as a means of protection or confinement serving the functions commonly ascribed to a fence. FINANCIAL INSTITUTIONS: A facility, open to the public, engaged in financial functions such as banking, loan-making, investments, and associated financial activities. FINISHED SIDE. The side of a fence not showing structural supports or the side designed or intended to be the most attractive. 35 9 FLAG. Any fabric or bunting containing distinct colors, patterns or symbols, used as an ornamental flag or as a symbol designed to be flown or hung as a flag. FLOOR AREA. The sum of the gross horizontal areas, measured in square feet, without deduction for hallways, stairwells, closets, walls, spaces and shafts for mechanical, electrical or plumbing equipment, atria and similar spaces, of: • The floors of all stories of a building (excluding half stories above the first story), measured at floor level from the exterior face of exterior walls or roofs; • Roofed or enclosed porches; • The portion of any half story that constitutes the second story of a principal building (excludes accessory structures) in which the vertical distance from the finished floor of the second story to the bottom edge of the roof rafters, dormer rafters, dormer rafters or ceiling joists above the finished floor equals or exceeds five feet; and • The portion of the basement of any building that is designed and constructed primarily for, or is used primarily for, the storage or parking of automobiles. FOOD AND BEVERAGE ESTABLISHMENT. Any business whose core service provided is the preparation or sale of food and beverages for consumption on-site or off-site. FOOT-CANDLE: The unit of illuminance equal to one lumen per square foot. FRONTAGE. All the property facing on one side of a street, measured along the street, between an intersecting or intercepting street and another intersecting or intercepting street, a right-of- way in excess of 30 feet, an end of a dead-end street, a watercourse or a village boundary. FRONTAGE, LOT: The width of a lot abutting a street, measured along the adjoining property line. G: GARAGE, ATTACHED: A structure designed to house vehicles that is constructed as a part of the principal building and having vehicular access from a public or private roadway. GARAGE; DETACHED: A structure designed to house vehicles that is accessory to and not connected to the principal building and having vehicular access from a public or private roadway. GAZEBO: A detached accessory structure covered by a roof, open on the sides except that it may be enclosed by screens, intended to be used for outdoor activities. GENERATOR. Equipment used for providing emergency backup power to buildings and structures located on the same lot as the structure or use being served. GOVERNMENT BUILDINGS AND FACILITIES. A building or structure owned, operated, and/or occupied by a governmental agency that directly provides or supports provision of government services. 36 10 GRADE. The average elevation of the two (2) points where the required front setback line intersects the side lot lines. GRADE, EXISTING. The grade of the existing ground surface prior to development, excavation or filling. GREENHOUSE. An accessory structure on a residential property for the purpose of growing plants for personal use and not for sale. GROCERY STORE. A retail establishment which primarily sells food products, and which may offer other convenience and household goods for retail sale. H: HAND DELIVERY. The act of physically handing written notice to the intended recipient. HAZARDOUS MATERIALS. Any substance that is toxic, corrosive, flammable, explosive, radioactive, infectious, carcinogenic or mutagenic, or otherwise hazardous or which contain petroleum hydrocarbons, polychlorinated biphenols, mercury or lead, or which are intended for use as a pesticide or herbicide. HOME OCCUPATION. Any gainful activity carried on at or from a dwelling unit or any accessory structure by one who resides in the dwelling unit. HOT TUB. A shallow accessory structure containing water that is designed and used for privately wading or bathing, and constructed, installed or maintained either permanently in ground or temporarily above ground. HOTEL: A building designed for transient occupancy, containing lodging rooms or suites accessible from a common interior hall or entrance, providing living, sleeping and sanitary facilities. A central kitchen, meeting rooms, dining room and recreation room are generally provided. HOTEL, BOUTIQUE. Lodging offered transient guests with more upscale accommodation, and provides a common entrance, lobby, halls, and stairways. Boutique Hotels are not part of major chains, typically have under 100 rooms, and offer a more unique experience with many types of rooms, such as living rooms, social rooms, and luxury environments. I: ILLEGAL STRUCTURE OR USE. Any structure, improvement or activity located, constructed, used, displayed, constructed, installed, enlarged, expanded, altered, operated, maintained or relocated in violation of the regulations set forth in this Chapter. IMPERVIOUS SURFACE. Any improvements on a lot, including but not limited to, buildings, driveways, sidewalks, patios, decks and similar structures, pavements of any kind, and other structures and materials, that, in the determination of the code official, prohibit or substantially retard the drainage of stormwater directly into the soil below. 37 11 IMPERVIOUS SURFACE COVERAGE. The sum of all impervious surfaces on a lot. INSTITUTIONAL PROPERTY. A lot, or a portion of a lot, the occupant of which is a government or non-profit organization, such as a park district, public utility, municipality, school district, church, community center or similar entity. K: KITCHEN, OUTDOOR. A permanent cooking area in an outdoor living space, usually designed for dining and entertaining. Outdoor kitchens may include barbecue grills fixed in place, cook stoves or cook tops, sinks, refrigerators, lighting, cabinetry, fireplace, countertops, etc. For the purposes of this Chapter, portable grills are not considered outdoor kitchens. L: LIBRARY, FREE: Accessory structures for the purpose of storing books for exchange within neighborhoods and for the general public and promoting access to reading materials. LOT: A single parcel of land established through a plat of subdivision or defined as a zoning lot, abutting and having access to an existing roadway. LOT, ZONING. A parcel of land designated by its owner to be used, developed, or built upon as a single property, which is occupied by or intended for occupancy by one principal building or principal use, together with any accessory buildings and the open spaces as are required or allowed by this Chapter. Such lot shall have frontage on a street or an approved private roadway. A ZONING LOT may or may not coincide with a lot of record. LOT AREA. The gross area, measured in square feet, of a horizontal plane bounded by the front, side and rear lot lines of the lot, but excluding (i) any area occupied by the waters of Lake Michigan and (ii) any area between the mean water line of Lake Michigan and the toe of the bluff line. LOT COVERAGE. That area of a lot or parcel which is covered by buildings and/or other structures including: • 100% of the footprint of a principal structure • 100% of a below-grade structure (i.e. basement) located less than ten (10) feet below grade when there is no structure that otherwise qualifies as lot coverage or floor areas above it • 100% of the footprint of a detached garage • 100% of the footprint of a roofed accessory structure such as a shed, gazebo, boat house or similar structure • 100% of the footprint of a pergola, arbor or similar roofed structure if the roof beams and rafters combined comprise a roof structure that is less than 50% open • 100% of the footprint of a chimney or fireplace whether attached to or detached from a principal structure LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries. 38 12 LOT LINE. The property lines bounding a Lot. LOT LINE, FRONT. The Lot Line along a public street or approved private roadway. • In the case of an existing through lot, the Front Lot Line designated upon its being established shall be the only Front Lot Line. • In the case of a Corner Lot, the Front Lot Line shall be the shorter Lot Line boundary along a street or approved private roadway. LOT LINE, REAR. The Lot Line that is most distant from and most parallel to the Front Lot Line, when lots are generally rectangular. • In other cases, the Rear Lot Line shall be the Lot Line serving as all or part of the Rear Lot Line for more than one contiguous lot; or • Where no Lot Line serves as all or part of the Rear Lot Line for more than one contiguous lot, an imaginary line 20 feet in length, entirely within the lot and parallel to and at the maximum distance from the Front Lot Line. LOT LINE, SIDE. Any boundary of a lot which is not a Front or Rear Lot Line. LOT OF RECORD. An area of land designated as a lot on a plat of subdivision recorded in the office of the County Recorder or registered in the office of the County Registrar of Titles. LOT WIDTH. The shortest distance between Side Lot Lines measured by a line passing between the two points at which the required front yard setback line intersects the Side Lot Lines; provided, however, that where a Lot does not have two Side Lot Lines intersecting the Front Lot Line, a rear yard setback line that intersects the front lot line shall be used in place of a Side Lot Line. LOT, CORNER. A lot which abuts two intersecting roadways. LOT, THROUGH. A lot having Lot Lines on two non-intersecting streets or on substantially parallel sections of two intersecting streets. M: MAINTENANCE: See Repair. MAJOR COMMERCIAL EQUIPMENT. Includes trucks, vans and other motor vehicles designed, used or maintained for the transportation of property and used primarily in a trade or business, commercial enterprise or other gainful activity, and trailers, mobile equipment and similar equipment used primarily in furtherance of a trade or business, commercial enterprise or other gainful activity 39 13 MAJOR RECREATIONAL EQUIPMENT. Includes boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on motor vehicles), motorized dwellings and similar recreational vehicles, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by the equipment or not. MEDICAL OFFICES: A medical or dental facility used for offices of one or more doctors for the examination and treatment of patients, including immediate care and specialty care. Such facility shall not provide beds or other accommodations for the overnight stay of patients. Medical Offices do not include Weight Loss Clinics. N: NONCONFORMING STRUCTURE: A structure lawfully established that does not comply with the regulations of this Chapter, as relates to the bulk of structures for the zoning district in which it is located. NONCONFORMING USE: The use of a structure or land that does not comply with the regulations of this Chapter, as relates the permitted or special uses for the district in which it is located. O: OCCUPANT. The owner, tenant, business or other user of all or a portion of a building or land. OFFICE, BUSINESS, PROFESSIONAL, AND FINANCIAL SERVICES. An office in which business, professional or financial services are provided, not including a Financial Institution. OPEN AIR MARKET. A temporary marketplace which operates entirely outdoors, often with individual stalls, tents or tables are set up where vendors sell goods including clothing, art, crafts and food. OUTDOOR DINING. An accessory use to a Food and Beverage Establishment wherein patrons are served food or beverage while seated at tables and chairs located in an area open to the sky, typically on a plaza, sidewalk, or walkway, P: PARCEL (OR TRACT): A continuous area or acreage of land which can be described as provided for in the Illinois Plat Act (765 ILCS 205/). PARK, PUBLIC. Public land that has been designated for recreation, which is under the control, operation, or management of recreation authorities or the Village of Kenilworth. PARKING SPACE: A surfaced and permanently maintained area on privately or publicly owned property, either within or outside of a building to store one automobile or similar vehicle. PARKING PAD. A parking space accessory to a single family residential use that is accessed by a driveway, but not otherwise having direct access to the roadway. PARKING LOT: An off-street, surfaced, ground level open area where motor vehicles are temporarily stored. 40 14 PARKING, TANDEM. The arrangement of not up to two parking spaces, wherein one space is located directly in front of another space, so that it is necessary to pass through one space in order to enter or leave the other space. PATH. A continuous hard surface, or series of hard surfaces that create direct access between particular locations, building entry or exit, or between structures. PATIO. An unenclosed surface area open to the sky located at finished grade, usually constructed of stone, brick or concrete. PERFORMING ARTS THEATER. A building, or part of a building, used for theatrical or other cultural activities, open to the public. PERGOLA: An accessory structure supported by posts with an open or semi-open roof intended to be used for outdoor activities. A Pergola is open on all sides, except that one side may be attached to a principal structure. PERSON: In addition to a natural person, the term person may apply to a partnership, firm, association, organization, trust, trustee, estate, legal representative of an estate, trust company, financial institution, corporation, governmental unit or agency. PERSONAL SERVICES. Establishments primarily engaged in providing individual services that are generally related to individual needs such as beauty and barber shops, financial, legal, and medical services, laundry and dry-cleaning services, tailor shops, and other similar uses. PERVIOUS SURFACE. Any improvement that does not prohibit or substantially impede the drainage of stormwater directly into the soil below. PERMEABLE SURFACE: See Pervious Surface PHYSICAL FITNESS FACILITY. An establishment located wholly indoors that provides health, fitness, and exercise facilities such as yoga, aerobics, weightlifting, or other similar activities. May provide facilities for sports training such as baseball, soccer, gymnastics, and martial arts. PLACE OF RELIGIOUS WORSHIP. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities. PLANNED UNIT DEVELOPMENT. A development guided by an integrated design plan in which one or more of the regulations set forth in this Chapter may be waived or varied to allow flexibility and creativity in site and building design. PLANNED UNIT DEVELOPMENT PLAT: A plat of development prepared and provided as part of a planned development review process. PLAT. A map or chart of a subdivision of land. PLAT ACT. 765 Illinois Compiled Statutes, as amended. PLAT, FINAL: A map of all or part of a subdivision providing substantial conformance with the requirements of the plat act and this title and for recording by the County Recorder. 41 15 PLAT, PRELIMINARY: A map showing all requisite details of a proposed subdivision submitted to an approving authority for purposes of preliminary consideration, prepared in conformance with this title and the plat act. POP UP STORES. A temporarily occupied retail space. PORCH, ENCLOSED. A one-story covered area attached to the exterior wall of a single-family dwelling enclosed fully or in part by walls, windows, or screens. PORCH, OPEN. A one-story covered area attached to the exterior wall of a single-family dwelling open to the air on all sides other than the wall of the building to which it is attached. PORTABLE STORAGE CONTAINERS: A movable storage unit designed and used exclusively for the storage of personal property which may be designed to be delivered to a customer's house for on-location packing and subsequent pick-up and delivery. PORTE COCHERE. A one-story covered and unenclosed structure extending from any entrance of a building over an adjacent driveway to shelter those getting in or out of vehicles. PUBLIC IMPROVEMENTS: Construction of or enhancement to public infrastructure or facilities that may include but not be limited to grading, street surfacing, curbs and gutter, sidewalks, walkways, crosswalks, water mains, fire hydrants, water system, sanitary sewers, storm sewers, stormwater management structures and lands, culverts, bridges, or streetlights. R: RAILROAD STATION. A facility designed for the boarding and discharge of railway passengers and related ticketing sales, offices, and shelter. REAR BUILDING LINE. For lots abutting Lake Michigan, the longest horizontal distance between the rear of a principal building and the front lot line of the lot on which the principal building is located. RESTAURANT, INCLUDING LIVE PERFORMANCE OR DANCING. A public eating place whose principal business is the sale and service of food or beverages for consumption on the premises with only incidental sales of food or beverages for off-premises, which includes space and provides options for performances or dancing. REPAIR. An activity that restores the character, scope, size, or design of a serviceable area, structure, or land use to its previously existing, authorized, and undamaged condition. RETAIL STORE. A business which displays or conducts the retail sale or rental of merchandise. Examples may include: Antique shops, furniture stores, grocery stores, hardware stores, clothing/wearing apparel stores, bookstores, sporting goods stores, drug stores, pharmacies, and florist shops. 42 16 RIGHT-OF-WAY: Area dedicated to or owned by a public body. The right-of-way may include curbs, lawn strips, lighting, sidewalks, and drainage facilities, and may include special features such as grade separation, landscaped area, viaducts, and bridges. S: SAUNA, OUTDOOR. A private structure used for providing a steam bath or heat room for the purpose of relaxation. SCHOOL, PUBLIC. An institution conducting academic instruction at the kindergarten, elementary, junior high or senior high school levels, operated by governmental agency SCHOOL, FOR PROFIT. A place of training or other educational services operated as a for profit business or operation. SCREENING. A solid wall, fence or densely planted compact hedge or marcescent deciduous trees for shielding or obscuring the area behind it from viewers. SEATING WALL. A wall, no more than 18 inches in height with a flat top designed for ornamental landscaping purposes. SETBACK. The minimum horizontal distance required between a lot line and structures or uses on a lot as measured from the lot line. SETBACK LINE. The minimum required distance from the property line that establishes the area within which buildings, structures, or uses must be erected or placed. The area between the property line and the setback line is the required yard (See “Yard”). . SETBACK LINE, CORNER SIDE. A line parallel to a street, that is not the Front Setback Line, across the full width of the lot, behind which buildings, structures, or uses must be erected or placed. SETBACK LINE, FRONT. A line parallel with the front lot line of a property across the full width of the lot, behind which buildings, structures, or uses must be erected or placed. SETBACK LINE, INTERIOR SIDE. A line parallel to the interior side lot line buildings, structures, or uses must be erected or placed. SETBACK LINE, REAR. A line parallel with the rear lot line of a property across the full width of the lot, in front of which buildings, structures, or uses must be erected or placed. SETBACK LINE, UNIFORM: Where all developed lots along a frontage adhere to a matching corner side yard setback that differs from the required minimum setback, that distance shall be established as the Uniform Setback Line. 43 17 SETBACK PLANE: A zoning bulk standards intended to reduce the mass of a residential structure and its potential impacts of reducing light, air, privacy and views of other nearby residential structures. SIGN: Any fixed, flexible, or moving device, fixture, structure, placard, visual representation or visual entity, which uses writing, text, color, form, graphics, symbols, illumination, architectural elements, or any electronic or digital changeable movement, to inform, direct, warn, announce, identify, advertise, attract attention, or to communicate information of any kind to the public. SHED: A structure for storage of household tools and equipment, which may or may not include a permanent foundation, but does not provide a parking space. SOLAR ENERGY SYSTEM (SES): A system that uses the power of the sun to capture, distribute and/or store energy for on-site consumption of utility power. SOLAR PANELS. See Solar Energy System. SOUND LEVEL. The A-weighted sound level in decibels (dB) (or the C-weighted level, if specified). SPORT COURT, OUTDOOR. An outdoor area or structure designated for active recreation, such as basketball courts, tennis courts, and ice and hockey rinks. Such activities taking place in a residential driveway do not constitute this area or structure. STEPBACK: The distance that the stories of a building above the first floor are further recessed from the otherwise required yard Setback for a zoning district. STOOP. A raised platform, approached by steps and sometimes having a roof, but not enclosed, at the entrance to a building. STORY. The portion of a building included between the surface of any floor and the surface of the floor next above, excluding a basement; or if there is no floor above, then the space between the floor and the ceiling next above. STORY, HALF. The portion of a building included between the surface of the uppermost floor and the roof above a principal or accessory structure. A Half Story has: (1) Knee Walls which, on at least two opposite exterior walls, are not more than two feet from the finished floor to the roof rafters; (2) A roof line at or above each knee wall that shall not have dormers or similar structural features with an aggregate length exceeding one-half of the length of the exterior wall; and 44 18 (3) A roof that; (a) Is a gable, hip or gambrel roof; (b) Is not a mansard roof; (c) Has a maximum slope of 16 units vertical in 12 units horizontal (16:12); and (d) Does not have more than 25% of the exterior roof surface at a slope of less than three units vertical in 12 units horizontal (3:12). STREET. A public right-of-way which affords a primary means of vehicular access to abutting property. STRUCTURAL ELEMENT: Any integral, permanent physical component that forms the essential structure, building envelope, or exterior facade of a building. This may include but not be limited to doors, windows or roofs. STRUCTURAL ENGINEER. An engineer who is licensed and registered to practice structural engineering in the state under the Illinois Structural Engineering Act and whose principal professional practice is in the field of structural engineering. STRUCTURE. Anything constructed, reconstructed, or constructed or any production or piece of work man-made or composed of parts joined together in some definite manner, the use of which requires permanent or temporary location on or in the ground or requires attachment to something having a permanent location in or upon the ground. STRUCTURE, ACCESSORY. A subordinate structure located on the same lot as a principal building, and which is incidental in use to the that of the principal structure. STRUCTURE, PRINCIPAL. A structure in which is conducted the primary or predominant use of the lot on which it is located.. STRUCTURE, TEMPORARY: A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was construction has ceased. SUBDIVISION: The partitioning, dividing, or consolidating of a parcel or tract of land where the act of division creates a subdivision not exempt under the provisions of 765 Illinois Compiled Statutes. SUBDIVISION ORDINANCE: The subdivision regulations ordinance for the Village of Kenilworth, Illinois. See Title 15, Chapter 152. SUBSTANTIAL ALTERATION. The demolition, removal or addition of floor area or structural elements of the walls or façade of a building as specified in this ordinance. SUNROOM or SOLARIUM. An enclosed area projecting from the exterior wall of a principal structure having large windows or transparent walls totaling 75% or more of the outer walls and designed to admit abundant sunlight, having no heating, ventilating or air conditioning system, and having no cooking or bathing facilities. SWIMMING POOL, PRIVATE. An accessory structure consisting of a receptacle for water having a depth at any point of more than 18 inches, and a capacity of more than 2,500 gallons, 45 19 used or intended to be used for swimming, wading or bathing, and constructed, installed or maintained either temporarily or permanently, and whether portable or in a fixed location, in or above ground and outside of a single- family dwelling, and which receptacle is used exclusively by the owner or occupant of the property on which it is located, his or her family and guests. T: TENANT. Any person who occupies the whole or a part a such building or land, whether alone or with others. TENT. A structure or enclosure constructed of fabric or other pliable material designed to shelter people or materials and supported by a frame but not by air or the contents of protected material. TERRACE. An open, unroofed level area, paved or unpaved, extending outdoors from a principal structure, with or without low railings or walls. If used for stormwater management or to assist in traversing a steep grade, the terrace may be a freestanding part of the overall landscape and not connected to a structure. TOE OF THE BLUFF LINE. The line drawn between the side lot lines of a lot as follows: (i) where there is a sea wall at the base of the bluff, the line along the base of the sea wall closest to Lake Michigan, or (ii) where there is no sea wall, the line along the points at which the bluff meets the beach, which line is extended to the side lot lines, or (iii) where there is no sea wall and no beach, the edge of the waters of Lake Michigan. TOP BLUFF EDGE. The curvilinear line connecting the points of a bluff where the previously unimproved and undisturbed land surface first begins to drop in elevation at a rate equal to or greater than two feet vertical for every ten feet horizontal. TRELLIS. A frame structure of wood or metal mainly used to support small plant or vines. U: USE. The purpose for which land or a building is designed, arranged, or intended, or for which it is occupied, maintained, or leased. USE, ACCESSORY. A use on the same lot with, and of a nature customarily incidental and subordinate in area, extent or purpose to, the principal use. USE, PRINCIPAL. The main use of land or buildings. USE, TEMPORARY. An activity established for a fixed period of time, intended for discontinuance, not in conjunction with the construction or alteration of a permanent structure. UTILITIES: Infrastructure functions, public or private, related, but are not limited to, water and wastewater treatment facilities, electrical services, cable, cell or land line phone, natural gas, and water storage facilities that may have visual or operational impacts on nearby areas. Trellis 46 20 V: VILLAGE. The Village of Kenilworth, Cook County, Illinois. VISION TRIANGLE. A triangular area free of obstructions that may limit visibility of motorists or pedestrians, measured at the property line at the intersection of two (2) streets, a street and a driveway, or a street and an alley in which nothing taller than two and one-half (2 ½) feet may be built, planted, or allowed to grow. W: WALK or WALKWAY. See PATH. WALL, RETAINING. An artificial composition of wood, concrete, masonry or other material for the sole purpose of stabilizing soil and/or existing natural conditions. WEIGHT LOSS CLINIC. A facility that exclusively provides medical assistance to individuals seeking to lose weight, offering personalized treatment plans, professional guidance, and ongoing support to help achieve and maintain weight loss. WIND ENERGY SYSTEM (WES). A wind energy production, conversion and distribution system consisting of a wind turbine, tower or other structure on which the turbine is mounted, and associated electronic, electric, or other mechanical equipment. Y: YARD. An open space on a lot which is unoccupied and unobstructed from the ground to the sky except encroachments permitted by this Chapter. A required yard extends between the Lot Line and the Setback Line, for a distance specified in the yard requirements of the zoning district in which the property is located. YARD, CORNER SIDE. A yard extending along the corner side lot line from the front yard to the rear lot line. YARD, FRONT. A yard extending along the full length of the front lot line of a property. YARD, INTERIOR SIDE. A yard extending along the interior side lot line from the front yard to the rear yard. YARD, REAR. A yard extending along the full length of the rear lot line of a property. YARD, SIDE. A yard extending along a side lot line from the front yard to the rear yard. 47 21 Z: ZONING ADMINISTRATOR. The Village Manager of the Village of Kenilworth or their designee. ZONING MAP: The map, as amended from time to time, indicating the location and boundaries of the zoning districts established by this Title. 48 22 153.03 GENERAL PROVISIONS (A) Introduction and Purpose (1) Scope. All structures shall conform to the bulk regulations established in this Section and for the zoning district in which the structure is located and all other requirements of this Chapter. Further, no existing structure shall be enlarged, reconstructed, structurally altered, converted or relocated in such a manner as to conflict or to further conflict with the regulations of this Chapter. (2) Maintenance: The maintenance of yards, open space, minimum lot area and other bulk regulations legally required for a structure shall be a continuing obligation of the property owner as long as the structure and lot are in existence. Further, no required yards, open space, minimum lot areas or other bulk regulations allocated for any structure shall, by virtue of a change in ownership or for any other reason, be used to satisfy yard, open space, minimum lot area or other bulk requirements for any other structure or lot. (3) Nonconformities: Any nonconforming principal or accessory buildings, structures and uses lawfully existing at the effective date of this Title may be continued, subject to the provisions of section 153.07: Nonconforming Lots, Structures, and Uses. (B) Regulations Related Lots, Yards, and Height (1) Access to Public Street. Every lot shall have access to an existing public street or existing private roadway leading to a public street. Every principal building or garage constructed shall be located and designed for vehicles and pedestrians to safely reach a public street. (2) Division of Lots. No lot may be divided or sold off into two or more lots, unless all lots resulting from each such division or sale conform with all of the bulk regulations of the zoning district in which the property is located. (3) Number of Buildings on a Lot. No more than one principal building shall be permitted on a lot except as otherwise provided for a Planned Unit Development as approved in keeping with Chapter 153.09 Planned Unit Developments. (4) Accessory Structures. No accessory structure may be permitted on a lot that does not contain a principal structure. Further, no accessory structure may be constructed prior to the principal structure being located on the lot. (5) Yard Requirements. (a) All structures shall be located so as to meet the yard and other bulk standards of this Chapter. (b) All required yards and open space shall be located on the same lot as the structure or use of land for which it is required. Off street parking and loading shall also be located on the lot for which it is required, unless otherwise permitted by this Chapter. (c) On properties with easements for shared private streets, required yard setbacks shall be measured from the edge of the easement closest to the principal structure. (d) All yards associated with a structure or use existing on the effective date hereof shall be maintained to the standards set forth in the zoning district in which the lot is located. Any lots not meeting those requirements shall be subject to the requirements of Section 153.07: Nonconforming Lots, Structures and Uses. (6) Vision Triangle. (a) Purpose: Vision triangle regulations require an unobstructed view of approaching traffic to increase visibility at intersections to enhance the safety of pedestrians, bicyclists and drivers. 49 23 (b) Applicability: In all zoning districts, buildings, structures or plant materials may not be constructed or maintained within a vision triangle. (c) Vision Triangle Measurement. 1. Corners. At the intersection of any street with another street, private road, or alley, no building, structure or other obstruction of vision may exceed a height of two- and one-half feet above grade within twenty (20) feet of the intersecting right of way lines along corner lots. 2. Driveways and Alleys. At the intersection of a street and a driveway or a street and an alley, no building, structure planting or other obstruction of vision may exceed a height of two- and one-half feet above grade within ten (10) feet of the intersection of the right-of-way line and either edge of a driveway. (7) Building Height Limitations. (a) Height limitations shall be as set forth under each zoning district for all buildings, structures, and uses of land. (b) Exceptions. 1. Mechanical equipment, antennas, chimneys or other appurtenances deemed to be similar by the Zoning Administrator that are typically placed over the roof level and not intended for human occupancy may be constructed above the height limitations imposed by this Chapter by not more than ten (10) feet. 2. Spires, belfries, cupolas, or other appurtenances deemed to be similar by the Zoning Administrator that are typically placed over the roof level, are part of the architectural design of the principal structure and not intended for human occupancy may be constructed above the height limitations imposed by this Chapter, but may not exceed an overall height of 75 feet. (8) Setback Plane Standards. (a) In addition to setback and height restrictions of this Chapter, all buildings on or neighboring any residential lot shall be subject to, and comply with, the setback plane height restrictions standards in this subsection (b) Except as provided in subparagraph (c) or (d), no portion of a building on any lot shall intercept the planes that begin at points 8 feet directly above grade at the side lot lines and run at 45 degree angles toward the interior of such lot until they reach the maximum building height permitted on the lot. (c) For lots having a lot width of 80 feet or less, no portion of a building on any such lot, except as provided in subparagraph (d) below, shall intercept any plane that begins at points directly above grade at a side lot line at a height determined by the following formula: 1. For lots 80 feet and under, planes begin at points 10 feet directly above grade at the side lot lines and run at 45 degree angles toward the interior of such lot until they reach the maximum building height permitted on the lot. 50 24 2. For lots under 50 feet and under, planes begin at points 12 feet directly above grade at the side lot lines and run at 45 degree angles toward the interior of such lot until they reach the maximum building height permitted on the lot. (d) The following structures and architectural features shall be permitted to extend into and through the setback plane, but only to the extent set forth below: 1. Any gutters and downspouts associated with the structure projecting not more than is permitted under Section 153.03(E): Permitted Encroachments in Required Yards, of this Chapter. 2. Dormers may extend into and through a setback plane, provided that: (i) the total length of such dormer extensions at the points of intersection with a setback plane shall not exceed 50 percent of the length of the side of the building from which the daylight plane is measured; (ii) no single dormer extending beyond a setback plane shall have a length in excess of 12 feet at its intersection with the setback plane; and (iii) no dormer shall extend beyond the setback plane at any point closer than ten feet from the intersection of the building front and the side of the building from which the setback plane is measured. 3. Gable roof ends, hip roof ends, and gambrel roof ends may extend into and through the setback plane, provided that: (i) the total length of such roof end extensions at their intersection with a setback plane shall not exceed 20 feet for lots with a width of 50 feet or less, which length shall be ratably increased to 30 feet at the rate of 4 inches in length for each increase of 1 foot in the lot width; and (ii) no dormer may project from any roof end extending through the setback plane. (C) Accessory Structures and Uses in Residential Districts (1) Accessory structures and uses shall be built, moved, remodeled, established, altered or enlarged only on the same lot as the associated principal structure or use and in keeping with the requirements of this section, this Chapter and the Kenilworth Village Code. (2) Except as specified in this Chapter, no accessory structure or use shall be located within any required yard or forward of the principal structure on the same lot. (3) Attached Garages shall be located and constructed as follows: (a) Garage door openings facing a lot line abutting a street may not exceed 20 feet in width. (b) The structure and door of an attached garage facing a street, and constructed after the adoption date of this Chapter, shall be recessed a minimum of five (5) feet further from the front lot line than the adjacent façade of the principal structure. (c) The garage may extend beyond the front of the principal building when the garage is incorporated into the design of the principal structure, such that the second story of the principal structure extends above the full area of the garage. In no case may any part of the garage encroach into any yard setback. The extension shall be designed to mimic or complement the style and materials of the principal building to which the garage is attached. (d) When door of an attached garage is not facing a lot line abutting a street (side loaded) the garage may extend beyond the front of the principal building. However, in no case may any part of the garage encroach into any yard setback. 51 25 (4) Detached Garage shall be located and constructed as follows: [graphic] (a) No closer to the front lot line than the front of the principal structure. (b) At least two (2) feet from any rear or interior side lot line (except if an alley is located at the rear lot line, the detached garage may be built up to the alley line, but no part of the structures, doors and eaves project into the alley). (c) At least ten (10) feet from any principal building on the same or six (6) feet from any building on an adjacent lot. (d) Within six (6) feet of the interior side lot line, when located on a corner lot. (e) Such that garage door openings facing a lot line abutting a street may not exceed 20 feet in width. (5) Swimming Pools and all associated decks, equipment and other appurtenances shall be located as follows: (a) No closer to a front or side lot line than the principal structure. (b) A minimum setback of eight (8) feet from side and rear property lines. (c) In accordance with all required setbacks for the zoning district in which the property is located. (d) Pool equipment shall be: 1. Setback a minimum setback of two (2) feet from side and rear property line 2. Screened from neighboring lots and public ways in all seasons. (6) Air Conditioning Equipment and Appurtenances. Air Conditioning Equipment and Appurtenances may be located as follows: (a) All equipment shall be located no more than six (6) feet in height measured from grade. (b) May be located in an interior side yard no closer than 50% of the required minimum side yard setback. (c) May be located in a rear yard, subject to setback requirements for detached accessory structures. (d) Existing air conditioning equipment installed at grade may be replaced in its existing location. (e) Air conditioning equipment and appurtenances may only be located on the rooftop of nonresidential uses within a residential district and shall be screened to limit the visibility from grade level at adjacent residential properties and street view. (f) Screening Required: All air conditioning units shall be screened to limit visibility at grade level from adjacent residential properties and street view by at least one of the following: 1. Existing structure; 2. Fences; or 3. A natural screen comprised of dense evergreen plantings of sufficient height and closely spaced to make the equipment inconspicuous to an observer from neighboring properties and public ways during all seasons of the year. (g) All roof-mounted air conditioning equipment and appurtenances shall be colored to blend with their surroundings. (h) An existing nonconforming air conditioner unit located within a required side or rear yard beyond the allowance specified in Table 3.1: Permitted Encroachments in Required Yard may be replaced in its exact location with an air conditioner unit of the same size and technical specifications. 52 26 (7) Private Electrical Generators. (a) Sound Emissions. All electric generators shall be sound attenuated and rated by the manufacturer for sound emissions not exceeding 68 decibels at a distance of seven meters. (b) Installation. 1. All electric generators placed outside of the principal building shall be installed and maintained in accordance with the manufacturer’s specifications (including specifications for sound attenuation). 2. An electric generator placed in an integrated weather-resistant housing shall not be subject to the requirements of this subsection. (c) Location. 1. Electrical generators shall be located in either an interior side yard or the rear yard, no closer than 15 feet to either the side or rear lot lines. 2. Electrical generators may only be installed at grade and may not be attached to any exterior wall or accessory structure. 3. An existing nonconforming generator located within a required side or rear yard beyond the allowance specified in Table 3.1: Permitted Encroachments in Required Yard may be replaced in its exact location with a generator of the same size and technical specifications. (d) Electric generator testing shall be subject to the following requirements, unless evidenced to the Zoning Administrator by the manufacturers specifications that other operational parameters are required: 1. Electric generators may be operated for testing purposes not more than one time for a period not to exceed 30 minutes in any seven-day period. 2. Testing of all electric generators shall take place between the hours of 10:00 a.m. to 3:00 p.m. Monday through Friday. (e) Screening Required: All generators shall be screened to limit visibility at grade level from adjacent residential properties and street view by at least one of the following: 1. Existing structure; 2. Fences; or 3. A natural screen comprised of dense evergreen plantings of sufficient height and closely spaced to make the equipment inconspicuous to an observer from neighboring properties and public ways during all seasons of the year. (8) Infrastructure Serving Principal and Accessory Structures. (a) Infrastructure Below Grade. All utilities serving or powering principal or accessory structures shall be buried beneath the surface of the soil; unless evidenced by the utility provider that such installation is not feasible. (b) Infrastructure to be Placed Above Grade: Any equipment which by design is required to be placed above grade shall be installed in keeping with the following requirements: 1. Shall be located a minimum of seven (7) feet from any lot line abutting a street. 2. Shall be located a minimum of two (2) feet from any interior side or rear lot line. i. NOTE: An exception to this requirement may be provided by the Zoning Administrator upon finding it is necessary for safe and effective operation of the utility and an irrevocable written consent is provided from the owner(s) of the immediately adjacent property or properties. 3. Shall be located a minimum of two (2) feet from any other lot line. (c) Screening Required. All above-ground infrastructure equipment serving principal and accessory structures shall be screened by one or a combination of the following methods: 1. Structures or fences minimizing the visibility at grade of the equipment from neighboring properties and public ways during all seasons of the year. 53 27 2. A natural screen comprised of dense evergreen plantings of sufficient height and closely spaced to make the equipment inconspicuous to an observer from neighboring properties and public ways during all seasons of the year. 3. In addition to screening, all above-ground infrastructure equipment shall be colored to blend with its surroundings. (d) Request for Exception: An exception to standards of this subsection may be considered by the Zoning Administrator upon finding from evidence provided by the property owner an utility provided that alternative installation is necessary for safe and effective provision of necessary utilities. (D) Accessory Structures in all Other Districts (1) Accessory structures and uses shall be built, moved, remodeled, established, altered or enlarged only on the same lot as the associated principal structure or use and in keeping with the requirements of this section, this Chapter and the Kenilworth Village Code. (2) Except as specified in this Chapter, no accessory structure or use shall be located within any required yard or forward of the principal structure on the same lot. (3) Air Conditioning Equipment and Appurtenances. Air Conditioning Equipment and Appurtenances may be located as follows: (a) Location: 1. Roof-mounted (RTU), or 2. At grade, located in the rear yard. (b) Screening Required. All air conditioning equipment and appurtenances shall be screened to limit the visibility at grade from adjacent residential properties and street view. Such screening shall consist of one or more of the following: 1. Existing structure 2. Fence; or 3. A natural screen comprised of dense evergreen plantings of sufficient height and closely spaced to make the equipment inconspicuous to an observer from neighboring properties and public ways during all seasons of the year. (c) All air conditioning equipment and appurtenances shall be colored to blend with its surroundings. (4) Accessory Structures in the B Business District: (a) Commercial Dumpsters. Commercial dumpsters are permitted in the B Business District behind the principal structure accessible to any available alley. (b) Garages. Garages serving residential uses are permitted in the B Business District in accordance with the following: 1. Vehicular access to private garages is not permitted via Green Bay Road or Park Avenue and must be established from a public alley or other connecting street. 2. A maximum of four (4) entrance doors to private parking are permitted. (E) Permitted Encroachments in Required Yards: Accessory structures specified in Table 3.1 may encroach into required yards as yards indicated in the Table as follows. (1) Required Setbacks for Accessory Structures. Where a setback distances is not specified in Table 3.1, the standards of this subsection (E) (1) shall apply. 54 28 (a) Side Yard: All detached accessory structures shall be located a minimum of two (2) feet from all side lot lines of the lot. (b) Rear yard: All detached accessory structures shall be located a minimum of two (2) feet from the rear lot line of the lot. If that rear lot line is adjacent an alley, detached accessory structures may be built up to the rear lot line as long as no part of the structure, doors or eaves, project into the alley at any time. (c) All detached accessory structures shall be six (6) feet from any building on the same or adjacent lot. (2) Encroachments are allowed in yards as specified in Table 3.1 for the following yard types: (a) F = front yards (b) S = interior side yards (c) C = corner side yards (d) R = rear yard Table 3.1: Permitted Encroachments in Required Yards ENCROACHMENTS FRONT SIDE CORNER REAR Air conditioning units installed at grade, no closer than 50% of the required side yard setback. S R Arbor or trellis F S C R Awnings F S C R Balcony, as part of a principal structure R Bay window, encroaching by not more than 2 feet F S C R Deck S R Dog run, no closer than 50% of the required side yard setback. S R Driveway, private, minimum of two (2) feet from any interior side yard lot line. F S C R Erosion control terracing F S C R Eaves, gutters, downspouts, cornices and similar ornamental projections on principal and accessory structures, encroaching not more than 12 inches F S C R Fences, in keeping with Section 153.03 (F) F S C R Free Little Library, located no more than 1 foot off the property line and not exceeding four (4) square feet in area F C Garage, detached. S R Gazebo, no closer than 50% of the required minimum yard setback S R Generator, no closer than 15 ft to any lot line S R Greenhouse, no closer than 50% of the required minimum yard setback R 55 29 ENCROACHMENTS FRONT SIDE CORNER REAR Hot Tub and associated appurtenances, private. No closer than 50% of the required minimum yard setback. S R Steps, uncovered and unenclosed, not exceeding 4 ft in height above grade and projecting not more than 4 ft into the required minimum yard F S C R Terrace F S C R Outdoor fireplace or fire pit S R Outdoor kitchenettes, including built-in grills, ovens and countertops, no closer than 4 ft to any lot line R Outdoor seating, freestanding F S C R Outdoor sport court R Parking Pad, off-street parking spaces, open to the sky S R Patio S C R Pergola S C R Playground equipment S R Porch, not more than 4 ft into the required minimum yard F S C R Porte Cochere or similar attached to the principal structure, without living space above, no closer than 50% of the required minimum yard setback S R Swimming pools and associated appurtenances, private S R Trees, shrubs, hedges, and other vegetation F S C R Walks, paths, and steppers installed at grade, no closer than 2 ft to any lot line F S C R Retaining Wall, as required and approved by the Village F S C R Seating wall F S C R Sunroom, no closer than 50% of the required side yard setback. R Window wells, projecting not more than 4 ft into a required minimum yard F S C R (F) Fences (1) General Requirements. No fence shall be constructed, reconstructed, enlarged or structurally altered unless the fence conforms to the requirements of this Section F: Fences: (a) Permit Required. A building permit is required to construct or structurally alter any fence within the Village. (b) Repair and Maintenance. Regular repair or maintenance of an existing fence may be conducted without permit provided there is no change to the location, height, structure or scope of the fence. (c) No barbed wire may be used as part of any fence. (2) Installation and Construction Methods. (a) Fences shall be constructed so that all supporting members are along the property line or within the boundaries of the lot. 56 30 (b) The finished side of a fence, on any part of a lot abutting a street or public way, shall face the street. (c) The finished side of a fence, on any part of a lot abutting an abutting property, shall face the abutting property unless there is already a fence on the abutting property. (d) Where structural supports are visible and an integral part of the design of the fence, the structural supports must be centered on the line of the fence. (3) Existing Non Conforming Fencing. (a) Fences legally constructed prior to the effective date of this Chapter shall be allowed to continue and be subject to the nonconforming regulations of this Chapter. (b) Existing wrought iron fences, masonry gate posts and corner posts may be replaced, reconstructed or repaired in accordance with the original dimensions and design of the fence; provided that repairs and replacement shall otherwise conform with this Chapter. (4) Fence Location and Height. (a) Fences shall be constructed so that all supporting members and connecting elements are located on the property; in no case shall any fence be constructed outside the boundaries of the lot. (b) Permitted Fence Height and Location in All Districts. 1. Front and Corner Side Yards: Fences shall not exceed (4) feet in height and shall meet the Openness requirements in subsection (F) (5) (b) below. 2. Interior Side and Rear Yards: Fences shall not exceed six (6) feet in height. 3. Along Rear Property Lines Abutting an Alley: Fences shall not exceed eight (8) feet in height. (c) Measurement. Fence height shall be measured as the vertical distance between the grade at which the fence is located and the top of the fence at that point, including fence posts. Grade may not be modified in order to increase fence height. (d) Height Exceptions. 1. Decorative elements, such as finials, on posts may extend up to six (6) inches in excess of the maximum height permitted for the fence. 2. A long rear or interior side lot lines in residential district fences may exceed the maximum permitted height by two (2) feet if directly abutting: i. A nonresidential property in a residential district; ii. A property in the B Business District (does not apply to properties separated from the B District by an alley); or iii. A nonresidential use in an adjacent municipality. 3. Fences may not exceed the actual highest point of any existing fence along the same lot line on an adjacent lot, unless the adjacent property owner shall have given written consent to the construction of a higher fence. Decorative elements, such as finials, on posts required for structural support may extend to a height of up to six inches beyond the adjacent fence. 4. Minor Variations in Fence Height. Minor deviations in height along a side or rear yard lot line to allow installation of the fence with a uniform, continuous profile over minor irregularities in the surface of the soil directly beneath the fence may be approved by the Zoning Administrator if in keeping with the following standards: i. Permitted minor variations shall not affect more than 10% of total linear footage (whether or not continuous) of the fence; and ii. Permitted minor variations shall not exceed three (3) inches from the permitted height. 5. Where there is no existing fence along a side or rear lot line: i. Permitted minor variations shall not affect more than 25% of total linear footage (whether or not continuous) of the fence; and 57 31 ii. Permitted minor variations shall not exceed six (6) inches from the permitted height. (5) Construction Materials and Design. In order to maintain design traditions which encourage community, the following standards shall apply to fence design: (a) Permitted Materials. Fences shall be constructed of masonry, wood, wrought iron, or metal designed to appear like wrought iron. (b) Open Fence Required. Fences located in a front yard, corner side yard or the portion of an interior side yard between an adjacent home and the front property line shall be subject to the following openness requirements: [graphic] 1. Fences constructed of masonry shall have open areas equivalent to at least 30% of each square foot thereof. 2. Fences constructed of wood, wrought iron, or metal designed to appear like wrought iron shall have open areas equivalent to at least 60% of each square foot thereof (exclusive structural support elements). (c) Openness Measurement. Openness is defined as the average openness per square foot of a fence. Openness is calculated by adding all solid components of a fence together, regardless of material, between grade and the top of fence section and subtracting the total opaque area by the total area of the typical fence section. The resulting area represents the open area and shall be divided by the total area of the typical fence section to arrive at an openness percentage. (d) Vegetative Fences. Vegetative fences installed to create a natural screen or fence may be designed, installed, and maintained as follows: 1. Natural Vegetation measuring four (4) feet or less in height: may be located on any property outside of any required vision triangle. 2. Natural Vegetation greater than four (4) feet in height 3. Required Setbacks: Must be setback a minimum of eight (8) feet, measured from the centerline of the Natural Vegetation to the applicable lot line, from: i. The front lot line; ii. Any corner side lot line; iii. The interior line of the corner vision triangle, or iv. The interior line of any driveway vision triangle. (e) Exception: The setback requirements in subsection (d) above shall not apply to the front yards or side yards of lots abutting Ridge Road or Sheridan Road. (6) Fences Around Swimming Pools. Residential swimming pools shall be enclosed by fences in accordance with Title XV, Chapter 150, Section 550 Swimming Pools and Spas of the Village Code. (G) Temporary Accessory Uses (1) Authorization. Temporary accessory uses shall be allowed subject to the specific regulations and time constraints defined in this Section G: Temporary Accessory Uses, as well as any other applicable regulations of the zoning district in which they are located and relevant requirements of the Village Code. (2) Permit required. A Certificate of Zoning Compliance issued by the Zoning Administrator is required for each temporary use. As needed to ensure compliance, the Zoning Administrator my play conditions on operation of the requested use or activity. (3) Permitted Temporary Accessory Uses. Temporary Accessory Uses are permitted in the zoning districts specified below, in keeping with the following and other applicable requirements of the Village Code: (a) Indoor and outdoor art, craft, rummage, plant, and sidewalk sales, shows and 58 32 exhibits. 1. Permitted as a temporary accessory use in the B Business District. 2. Diagrammatic Site Plan. As part of permit application, a diagrammatic site plan is required. The plan shall indicate any temporary signage, pedestrian and vehicle circulation paths, and parking. 3. May operate for a period not to exceed three consecutive (3) days up to two times per year. (b) Tents. 1. Accessory to a Non-residential Use in a Non-residential District. A tent is permitted to remain standing for a period not to exceed fourteen (14) days. 2. Accessory Use to a Residential Use in a Residential District. In connection with any permitted, accessory, or temporary use, a tent is permitted to remain standing for a period not to exceed seven (7) days. 3. Accessory Use to a Non-residential Use in a Residential District. A tent is permitted to remain standing for a period not to exceed twenty-one (21) days. (c) Open air markets. 1. Permitted as a temporary accessory use in the B Business District. 2. Diagrammatic Site Plan. As part of permit application, a diagrammatic site plan is required. The plan shall indicate any temporary signage, pedestrian and vehicle circulation paths, and parking. 3. Open air markets may operate a maximum of once in any seven-day period and for a maximum of eight (8) consecutive hours. 4. A permit is required but may specify permission to operate on a recurring basis for a period of not more than one (1) year. 5. Open air markets shall comply with the applicable district bulk, space and yard requirements of this Chapter, unless otherwise determined by the Zoning Administrator finding that waiving any of those requirements will not create a safety hazard or substantial inconvenience to the public. (d) Outdoor storage of construction materials. 1. Permitted as a temporary accessory use in any district. 2. Outdoor storage of construction materials is permitted in any district only during the period when accessory to a construction project on the lot for which a valid building permit exists; and 3. The materials shall be kept in a neat, safe and secure condition so as not to constitute a nuisance or offense. (e) Pop-up store. 1. Permitted as a temporary accessory use in the B Business District. 2. Diagrammatic Site Plan. As part of permit application, a diagrammatic site plan is required. The plan shall indicate any temporary signage, pedestrian circulation, and litter controls. 3. Pop-up stores shall be permitted to operate for not more than 90 days in any calendar year. (f) Air Supported (and similar) structures. 1. Permitted in all Residential Zoning Districts, OS Open Space District, and M-2 Municipal Lands District. 2. Air-supported and other similar structures may be constructed for a period not exceeding seven days. 3. Must comply with Chapter 150: Building Code. (4) Bulk, space and yard regulations. Temporary accessory uses shall comply with the bulk, yard and space requirements applicable in the district in which the temporary use is located, unless otherwise approved through the Certificate of Zoning Compliance and 59 33 required to address unique conditions of the Temporary use. (5) Standards for Temporary Uses. Prior to issuing a Certificate of Compliance for a temporary use, the Zoning Administrator shall find that the temporary use meets the following standards: (a) The temporary use shall have no significant negative impact to the safe use and enjoyment of any adjacent property. (b) Hours and days of operation shall be defined as part of the authorizing permit so as not to significantly impact other uses in the surrounding area. (c) Public safety. The temporary use shall be operated in a safe manner for those on the site and adjacent properties. (d) Traffic. The temporary use shall not generate excessive traffic impacts on the surrounding area or shall provide means to mitigate traffic impacts. (e) Parking. The temporary use shall not unreasonably reduce the amount of off-street parking spaces available for that use or surrounding properties or shall provide means to mitigate parking impacts. (f) Additional conditions. The Zoning Administrator may impose conditions as may reasonably be necessary to achieve the purposes of this Chapter or to protect public health, safety and welfare. (H) Home Occupations (1) Intent: Home occupations are permitted in any dwelling unit so long as they are subordinate and incidental to the principal use of the dwelling unit as a residence. Such activities are to be compatible with the residential use of the area in which they are located. (2) Location: A home occupation may be permitted in a dwelling in any zoning district in which dwellings are permitted. (3) Standards for Home Occupations: In addition to all the standards applicable to the district in which it is located, any home occupation shall comply with the following: (a) Only members residing at such dwelling shall take part in home occupations on the premises. (b) The home occupation, including all storage, repairs, processing or manufacturing of any stock-in-trade, shall be conducted entirely within the dwelling unit’s principal or accessory structures. (c) The home occupation shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond that which normally occurs in the zoning district in which it is located. (d) No home occupation may be operated such as to cause a nuisance. (e) No sign shall advertise the presence or conduct of the occupation. (f) No outdoor storage, including the display of any stock-in-trade or other commodity, shall be permitted. (g) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood. (h) There shall be no alteration of the principal structure that changes the use, appearance, or character thereof as a dwelling unit. (I) Community Residences (1) Licensure. Where a community residence or a community residence's operator is required to be licensed or certified by a State of Illinois agency or department to operate a community residence, the applicant shall: a) provide the Village proof of such 60 34 licensure or certification; and b) maintain at all times a current and valid license or certificate. The Zoning Administrator may revoke a Certificate of Occupancy or Completion for a community residence if its license or certification is revoked. A community residence that is not licensed or certified by the State of Illinois may only be established if a Special Use permit is approved in accordance with this Code. Occupancy. Full-time staff shall be included when determining the number of individuals that may occupy a community residence pursuant to the Building Code. For the purposes of this Section, "full-time staff" shall mean staff that occupies the residence overnight. (2) Location. No community residence may be located within 660 feet of an existing or approved community residence, as measured from lot line to lot line, except when a Special Use permit is approved in accordance with this Code. (J) Demolition or Substantial Alteration of Existing Structures (1) Demolition of an Existing Structure: A demolition permit shall be required prior to conducting any of the following work, as outlined in section 150.021 Demolition Permit Required of Chapter 150: Building Regulations: (a) Demolition or removal of 50% or more of the floor area of a principal structure or in any residential or business district; or (b) Demolition or removal of 50% or more of the structural elements of the walls or facade of a principal structure or coach house facing a street in any residential or business district. (c) Notwithstanding subsections (a) and (b) above, a Village of Kenilworth Building Permit is required for demolition of any structures included in or exempted from those requirements. (2) Applicability of Substantial Alteration of an Existing Principal Structure: In the R-1, R-2, R-3 and R-4 Zoning Districts, the demolition, removal or addition to an existing principal structure shall constitute a Substantial Alteration when it meets any of the following: (a) Demolition or removal of 50% or more of the floor area of any principal structure; or (b) Addition or expansion of floor area of any principal structure which increase the floor area by more than 50% of existing floor area of the structure; or (c) Demolition or removal of 50% of more of the structural elements of the walls or façade of a principal structure facing a street; or (d) Addition or expansion of structural elements of the walls or façade of a principal structure facing a street that exceeds 50% of the existing façade. (3) Detached Garages. The determination of Substantial Alteration for detached garages shall be considered separately from that of the principal structure, and shall be applied when either of the following occur: (a) Demolition or removal of 50% or more of the floor area of a detached garage; or (b) Addition or expansion of floor area of a detached garage that increase the floor area by more than 50% of existing floor area of the structure. (4) Methods of Calculation for Substantial Alterations: (a) Alteration of Floor Area: 1. Any impervious coverage exempt from calculation as Floor Area shall be excluded. 2. Any portion of a story which is exempt from calculation as Floor Area shall be excluded. 61 35 3. All portions of accessory structures which are counted as Floor Area shall be excluded. (b) Structural Alteration of Walls or Façade: 1. Visible roof area, including dormers, shall be excluded from the area of a facade; 2. Visible areas of accessory structures shall be excluded from the area of a facade; 3. Portions of walls which must be rebuilt to maintain structural integrity shall be excluded from the area of a facade; 4. Where a lot has two facades or street frontages, each frontage shall be evaluated separately, not as a combined total frontage or façade. (K) Lighting: All lighting fixtures for security or aesthetics shall include glare controls and shall be shielded Lighting fixtures in all zoning districts shall meet the following standards. (1) All lighting fixtures should minimize glare by using recessed, shielded or cut off fixtures, with a cut off angle of 90 degrees or less. The illuminated face of all fixtures shall be parallel to the ground to create a total 90 degree cut off. (2) Lighting on any structure shall be directed away from surrounding properties. (3) In all residential zoning districts, no light source shall cause illumination in excess of one (1) foot-candle in residential districts at any property lot line. (4) Any lighting used to illuminate off-street parking areas shall be directed or shielded away from residential properties and public streets such that the light source is not visible from the property line (so as to eliminate glare). In no case shall lighting exceed 1 foot candle measured at the property line. No lighting used to illuminate off-street parking areas shall create a nuisance. (5) All lighting sources, on properties other than those zoned for single-family residential use, shall be arranged to reflect light away from adjoining properties in a manner that does not produce glare clearly visible beyond a property line so as to cause nuisance or impairment of vision. Glare is best reduced when the light source is not visible from adjacent properties. Therefore, the use of lenses, deflectors, shields, louvers, or prismatic control devices shall be used to eliminate nuisance and hazardous lighting to facilitate compliance with this requirement. (L) Adult-Use Cannabis Business Adult-use cannabis business establishments are prohibited in all zoning districts as either principal or accessory uses. (M) Solar Energy System (SES) (1) Location. Solar photovoltaic panels shall be roof-mounted. Ground mounted systems are not permitted (2) Heights: Solar photovoltaic panels may not exceed the highest point of the roof of the structure. 62 36 (N) Environmental Performance Standards (1) Purpose: This Section provides that no commercial property (or structure) shall create dangerous, injurious, or noxious condition that may adversely affect adjoining properties or surrounding areas. All uses permitted by this Chapter may be conducted so long as acceptable measures and safeguards are employed to limit potential adverse impacts to acceptable limits, as established by the following performance standards and other requirements of the Village Code. (2) Compliance with Provisions: All uses currently existing or established in the Village shall be operated in such a manner as to comply with the applicable performance standards defined in this section. No use already established on the effective date of this Chapter shall be so altered or modified as to conflict with the applicable Performance Standards of this Section. (3) Noise: The following requirements shall apply to all nonresidential uses: (a) Sound pressure levels shall be in keeping with current State of Illinois standards as prescribed by the Illinois Pollution Control Board (Subtitle H: Noise), as may be amended from time to time. (b) Exceptions: The following activity shall be exempted from the rules and regulations of this Subsection VIII-2-A. 1. Sound emitted from emergency warning or safety devices. 2. Sound emitted from lawn care maintenance equipment used during daylight hours. 3. Sound emitted from vehicles, snowblowers and similar equipment used for snow removal and hauling operations. 4. Sound emitted from equipment being used for construction within the allowable hours specified by Section135.02(B)(15), Public Nuisances Defined, in the Kenilworth Village Code. 5. Sound emitted from trucks and vehicles entering or leaving industrial zoned property, except as may be caused by idling engines, off the road vehicles, mixers on ready mix concrete trucks, and trailer mounted refrigeration units. (4) Vibration: The following requirements shall apply to all nonresidential uses: (a) Any process or equipment that produces intense earth-shaking vibrations (such as are created by drop forges, hydraulic surges or other processes) shall not create a Public Nuisance or hazard beyond the property boundaries. (b) Exceptions: The provisions of this Subsection VIII-2-B shall not apply to sound emitted from equipment being used for permitted construction between the hours of seven o'clock (7:00) A.M. and seven o'clock (7:00) P.M., of each day. (5) Air Pollution: Any visual emissions, particulate matter emissions, odor, airborne toxic material and other air pollution shall meet the current standards of the Illinois Pollution Control Board; Title 35, Subtitle B, "Air Pollution", Chapter I, Pollution Control Board, as may be amended from time to time. (6) Toxic Substances: The storage, use or handling of toxic material shall be as required by applicable regulations of the Illinois Pollution Control board, the International Code Council (ICC) Codes (as adopted by Kenilworth), the National Fire Protection Association - National Fire Codes (as adopted by Kenilworth), and all other applicable Village regulations and ordinances, as adopted or amended from time to time. (7) Water Pollution: All land uses shall comply with all applicable rules and regulations of the State of Illinois Pollution Control Board regarding water pollution, Title 35, Subtitle C, entitled "Water Pollution", as amended from time to time. 63 37 (8) Fire and Explosion Hazards: Materials that present potential fire and explosive hazards shall be transported, stored and used only in conformance with all applicable federal, state and village laws. (9) Odor: The release of materials intrinsically odorous or capable of being odorous, either by bacterial decomposition or chemical reaction, which renders it perceptible from beyond the lot shall be prohibited. (10) Sewage Waste: Sewers and sewage discharge shall meet the appropriate City codes and all IEPA requirements. (11) Electromagnetic Interference: Electromagnetic interference from any equipment or business operations shall not adversely affect the operation of any equipment located adjacent or nearby properties. (O) Personal Wireless Services (1) Purpose. The purpose of this Section is to provide specific regulations for the placement, construction and modification of personal wireless service facilities. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety, and general welfare of the community, the Corporate Authorities finds that these regulations are necessary to: (a) Facilitate the efficient provision of personal wireless services to the residents of the Village, as well as to other persons, firms, and/or corporations in the vicinity of the Village; (b) Minimize adverse visual effects of personal wireless service facilities, through careful design, siting, screening, and landscape buffering standards; (c) Minimize the impacts of personal wireless service facilities on, and reduce conflicts with, the architectural, historical, tourism and economic significance of historic structures and districts designated by the Federal, State and local governments; (d) Minimize the impacts of personal wireless service facilities on, and reduce conflicts with, the architectural, historical, tourism and economic significance of the Village’s principal commercial and tourist areas; (e) Avoid potential damage to adjacent properties from falling ice and tower failure through structural standards and setback requirements; (f) Promote, encourage and maximize the shared use of existing and approved buildings and antenna support structures to accommodate new personal wireless service facilities in order to reduce the number of towers needed to serve the community; and (g) Promote, encourage and maximize the use of existing tall structures that have been established within the community for the collocation of new personal wireless service facilities. (2) Authorization. Subject to the limitations of this Section, all uses and structures that are classified in the North American Industry Classification System No. 517312, except small wireless facilities, shall be subject to the following standards, regulations, and requirements at all times in those zoning districts in which they are permitted or special permit uses. (3) Location. Personal wireless services antennas shall be located on lawfully pre-existing antenna support structures or other lawfully pre-existing buildings or structures wherever possible and as a permitted or specially permitted use in accordance with the following table: 64 38 P = Permitted Use, S = Special Use, NA = Not Allowed (4) No Special Use permits authorizing construction of a new antenna support structure or addition to or expansion of an existing antenna support structure or existing building or structure shall be authorized unless the applicant is able to demonstrate that no lawfully pre-existing antenna support structure or lawfully pre-existing building or structure is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless services. (5) Design of New Antenna Support Structures for Co-Location. Unless otherwise authorized by the Board of Trustees for good cause shown, every new personal wireless services antenna support structure of a tower design shall be designed, constructed, and installed to be of a sufficient size and capacity to allow the location of additional personal wireless services antennas to accommodate at least one additional personal wireless service provider on such structure in the future. Any Special Use permit for such a support structure may be conditioned upon the agreement of the applicant to allow co-location of other personal wireless service providers on commercially reasonable terms specified in such special permit. (6) Tower Design. Every new personal wireless services antenna support structure that is of a tower design shall: (a) be a monopole, rather than latticework, unless otherwise authorized by the Board of Trustees for good cause shown; (b) not be illuminated or have any signs installed thereon unless otherwise required by federal law or regulations; and (c) be separated from any principal building by a distance that is not less than 110 percent of the height of the tower. For the purposes of this requirement, this distance shall be measured horizontally from the center of the base of the supporting structure of the tower to the point where the ground meets a vertical wall of such principal building. (d) Any deck on such a tower shall be centered on the tower and the radius from the center of the tower to the outside of the deck shall not exceed six feet. Each side of the deck shall not exceed six feet vertically. (7) Antennas on Buildings and Structures. Personal wireless services antennas that are installed on buildings and structures must conform with one of the following: (a) Such antennas shall be located only on a lawfully pre-existing structures and shall not exceed the following dimensions: 1. omnidirectional or whip antennas shall not exceed six inches in diameter and 12 feet vertically; and 2. directional or panel antennas shall not exceed three feet horizontally and six feet vertically. (b) Such antennas and any necessary antenna support structure are fully enclosed or shielded from view from any point located off the zoning lot on which they are located by a structure otherwise permitted on the zoning lot and all electronic equipment is fully enclosed in a structure otherwise permitted on the zoning lot. 1. All such antennas shall not exceed the maximum height authorized by applicable zoning district regulations, and shall not extend above the highest point of the Use R-1 R-2 R-3 R-4 B M-2 P Wireless Facility, Personal NA NA NA NA S P NA 65 39 building or structure to which they are attached or more than two feet from the exterior of any wall or roof of the building to which they are attached. In no event shall a total or more than six antennas of the types and sizes described in Paragraph 1 of this Subsection be located on any building in the B District. (8) Color. Every personal wireless services antenna and antenna support structure shall be neutral colors that are harmonious with, and that blend with, the natural features, buildings, and structures surrounding such antenna and antenna support structures; provided, however, that directional or panel antennas and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna support structure shall be of colors that match, and cause the antenna to blend with, the exterior of the building. (9) Landscaping and Fencing. In addition to any other applicable buffer and landscaping requirements of this Code, all ground-mounted antennas, antenna support structures, related electronic equipment, and equipment enclosures shall be subject to the following: (a) In order to minimize the visibility of such facilities, a natural screen or fence shall be constructed if not already provided, so as to provide the maximum reasonable achievable screening as determined by the Board of Trustees. (b) Any natural screen shall be a minimum of six feet in height when planted, with dense plantings spaced no more than two feet apart. (c) Any fence shall be a minimum of eight feet in height, except where fence height is otherwise limited by this Code, and shall be of a style of construction that provides a visual shield of the facilities. (10) Protection Against Climbing. Every personal wireless services antenna and antenna support structure shall be protected against unauthorized climbing or other access by the public. (11) Equipment Enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless services antenna shall, whenever possible, be located within a lawfully pre-existing structure or completely below grade. When a new structure is required to house such equipment, such structure shall be harmonious with, and blend with, the natural features, buildings, and structures surrounding such structure. Any freestanding structure that is not attached to or within an existing building or located completely below grade shall not exceed a maximum height of fifteen feet. (12) Licenses and Permits. The operator of every personal wireless services antenna shall maintain all licenses and permits required by other agencies and governments with jurisdiction over the design, construction, location and operation of such antenna. In addition, any such operator shall annually provide copies of such licenses and permits, and provide evidence of renewal or extension thereof, to the Zoning Administrator. (13) Compliance with Plans. Every personal wireless services antenna and antenna support structure shall comply with all plans approved by the Village. (14) Limited to Applicant. Every ordinance granting approval of a special permit for a personal wireless services antenna or antenna support structure shall state that any assignment or transfer of the special permit or any of the rights thereunder may be made only with the approval of the Board of Trustees. (15) Term Limitation. Unless otherwise provided by ordinance, every Special Use permit for a personal wireless services antenna or antenna support structure is subject to the following conditions: (a) where the provider of personal wireless services is not the owner of the land on which such antenna or structure is located, the term of the Special Use permit is limited to the term of the lease or other agreement granting rights to use the land; and 66 40 (b) the Special Use permit shall be subject to review by the Board of Trustees, at ten year intervals, to determine whether the technology in the provision of personal wireless services has changed such that the necessity for the Special Use permit at the time of its approval has been eliminated or modified, and whether the Special Use permit should be modified or terminated as a result of any such change. (16) Abandonment and Removal. When one or more antennas, an antenna support structure, or related equipment are not operated for the provision of personal wireless services for a continuous period of twelve months or more, such antenna, antenna support structure, or related equipment may be deemed to be abandoned and must be removed. The Village will be entitled to remove such an antenna, antenna support structure, or related equipment if the owner does not remove such items within ninety (90) days following the mailing of written notice that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the Village to such owner at the last known address of such owner. If two or more providers of personal wireless services use the antenna support structure or related equipment to provide personal wireless services, then the period of non-use under this provision shall be measured from the cessation of operation at the location of such antenna support structure or related equipment by all such providers. (17) Security Fund. The owner of every personal wireless services antenna shall establish a security fund in a form and in an amount as set forth in this Subsection. The security fund shall serve as security for the removal of the antenna. The security fund shall be continuously maintained in accordance with this Subsection at the owner’s sole cost and expense until the antenna is removed. (a) Form. The owner shall provide the security fund to the Village in the form of cash, unconditional letter of credit, or surety bond, in a form acceptable to the Village. (b) Amount. The dollar amount of the security fund shall be equal to the Village Engineer’s reasonable estimated removal cost for the antenna. (c) Withdrawals. Following a removal notice provided under Subsection 16 above, the Village may withdraw an amount from the security fund, provided that the owner or operator has not removed the antenna within the 90-day notice period. (d) Return. Upon removal of the antenna, the Village will return the security fund, or such portion remaining on deposit, to the owner within a reasonable time after account is taken for all offsets necessary to compensate the Village for the owner’s failure to remove the antenna upon notice provided by Subsection 16 above. (e) Rights not limited. The rights reserved to the Village with respect to the security fund are in addition to all other rights of the Village, whether reserved by this Subsection or otherwise authorized by law, and no action, proceeding or exercise of right with respect to said security fund shall affect any other right the Village may have. (18) Insurance. The operator of every personal wireless services antenna must tender to the Zoning Administrator, on an annual basis, proof of public liability insurance covering the facility in an amount not less than One Million Dollars ($1,000,000.00). (19) Small Wireless Facilities (a) Compliance with Laws. All small wireless facilities must comply with Section 56.23 Small Wireless Facilities in the Village Code, and all other applicable federal, state, and local laws. (b) Districts. Small wireless facilities are allowed as permitted or Special Uses in the following districts: 67 41 P = Permitted Use, S = Special Use (c) Special Use. Small wireless facilities allowed as a Special Use must be: 1. Designed so as to completely conceal all components of the small wireless facility within a new or existing structure that is architecturally compatible with its surroundings; including, but not limited to, an antenna behind louvers, or in a false roof on a building, or inside a steeple, clock tower, flagpole (with a maximum diameter of 15 inches), campanile or bell tower; or 2. Camouflaged so as to blend into its surroundings to such an extent that it is no more obtrusive to the casual observer than the structure on which it is: i. placed, such as a rooftop, lighting standard or existing tower; or ii. replacing, such as a school athletic field light standard, or other similar structure. 3. Height. i. The maximum height of a small wireless facility collocated on an existing structure shall be limited to 10 feet above the structure on which the small wireless facility is collocated. ii. The maximum height of a new small wireless facility which is not collocated on an existing structure may not exceed: a. 10 feet in height above the tallest existing utility pole that is in place on the date the application is submitted, that is located within 300 feet of the small wireless facility and that is in the same right-of-way within the Village; or b. 45 feet above ground level. 4. Special Floor Area Ratio Exception. A small wireless facility collocated on an existing structure shall not count toward any required floor area ratio. Use R-1 R-2 R-3 R-4 B M-2 P Wireless Facility, Personal S S S S P P P 68 42 153.04 ZONING DISTRICTS + ZONING MAP (A) Districts Established: In order to carry out the purposes and provisions of this Title, the Village is hereby divided into the following zoning districts: (1) R-1 Single-Family Residential District (2) R-2 Single-Family Residential District (3) R-3 Single-Family Residential District (4) R-4 Single-Family Residential District (5) B Business District (6) M-2 Public Lands District (7) OS Open Space District (B) Official Zoning Map. On or before March 31 of each year, the Village shall cause to be published a map clearly showing the existing zoning districts of the Village for the preceding calendar year. Said map shall be designated as the Official Zoning Map of the Village. The Official Zoning Map is expressly incorporated in this Title by reference as if fully set forth and described herein. If in any calendar year there are no changes to the Official Zoning Map, the Village shall not be required to publish a new Official Zoning Map for the coming calendar year. (C) Zoning of Unclassified and Annexed Territory. Any land whose classification is not shown on the Official Zoning Map and land annexed to the Village shall be automatically classified in the R-1 District until differently classified by amendment. (D) Zoning of Vacated Areas: Whenever any street or public way is vacated by official action of the Village Board, the zoning district abutting each side of such street or public way shall be automatically extended to the center line of such vacated property and all area included in the vacation shall then and after be subject to all appropriate regulations of the zoning district. 69 43 153.05 ZONING DISTRICT REGULATIONS (A) R-1 Single-Family Residential (1) Purpose: The R-1 Single-Family Residence District is intended to preserve the historic neighborhood design of the early Kenilworth community. Lot sizes are the largest in the community and were intentionally oriented in the northeast-southwest direction to permit increased sunlight in each home. The district is made up of larger lots with generous front yards, architecturally significant homes, historic institutions and lakefront properties. (2) Permitted Uses for the R-1 District: See Table of Uses (Table 5.24). (3) Special Uses for the R-1 District: See Table of Uses (Table 5.24). (4) Parking Requirements: Parking requirements in the R-1 District are listed in Section 153.07 - Off Street Parking and Loading. (5) Bulk Space and Yard Requirements for the R-1 District (a) Minimum Lot Requirements are as shown in Table 5.1: Table 5.1 Interior Lot Corner Lot Minimum Lot Area 15,750 square feet 17,500 square feet Minimum Lot Width 90 feet 100 feet Maximum Lot Width Equal to the second widest lot along the street frontage on the same side of the street. (b) Maximum Floor Area. The maximum permitted floor area shall be calculated as follows for Single-Family Detached Dwellings: 1. For all buildings constructed, or for which a permit for the initial construction or substantial alteration thereof was issued on or before October 22, 2005: The maximum floor area shall be 1,200 + (0.24 x lot area), except that in no event shall the maximum floor area exceed: 0.45 x lot area. 2. For all buildings constructed or substantially altered pursuant to a permit issued after October 22, 2005: The maximum floor area shall be 1,200 + (0.21 x lot area), except that in no event shall the maximum floor area exceed 0.42 x lot area. (c) Credits applied to Maximum Floor Area. Square footages associated with the following structural elements are not counted toward Maximum Floor Area as calculated above, up to a maximum of 10% of the applicable maximum permitted floor area. 1. Bay Window 2. Open Porches 3. Covered Entries (d) Maximum Building Coverage. Building Coverage shall include the square footage of combined roofed areas on a lot, including but not limited to principal buildings, detached garages, and accessory structures with permanent, inoperable roofs, and shall exclude the area below a porte cochere. The portion of the accessory structure that is roofed shall be considered building coverage. Building Coverage may not exceed the amounts shown in Table 5.2: 70 44 (e) Maximum Lot Coverage. Lot Coverage shall include all impervious coverage on a lot, including but not limited to structures, driveways, window wells, patios, decks, paths, and walls. Lot Coverage shall also include other surfaces deemed impervious surfaces by the Zoning Administrator. Lot Coverage shall include Building Coverage, such that Maximum Lot Coverage may not exceed the amount shown in Table 5.3: (f) Maximum Height of Buildings: The maximum height of principal and accessory structures may not exceed the amounts shown in Table 5.4: Table 5.4 Building Type Maximum Height Principal building 35 feet and 2 ½ stories Garage detached from principal building 20 feet and 1 ½ stories Other accessory structures 14 feet (g) Minimum Yard Requirements: The minimum Yard Setbacks for structures may not exceed the amounts shown in Table 5.5, unless otherwise authorized in this Chapter. Table 5.5 Yard Minimum Yard Setback Front Yard 40 feet or the Average Front Yard Setback, whichever is greater Interior Side Yard 10 feet Corner Side Yard 40 feet or the Uniform Setback Line, whichever is less. Total Side Yard 30% of Lot Width, or in the case of a Uniform Setback Line, the greater of 50 feet or 30% Lot Width. Rear Yard 25 feet or 20% of the depth of the lot, whichever is larger (h) Setback Plane standards as defined in Section 153.03 (B) (8) shall apply to all residential principal structures in the R-1 Single Family Residential District. (i) Average Front Yard Setback: Where 30% or more of all interior lots along a frontage have a front yard setback of more, or of less, than the minimum required front yard setback, their average front yard setback shall be established as the Average Front Yard Setback for that block and shall be the minimum required unless in excess of the following: Table 5.2 Lot Area Maximum Building Coverage Single-Family Dwellings 19,999 square feet or less (Lot Area x 0.16) + 800 20,000 square feet or greater (Lot Area x 0.20) Table 5.3 Lot Area Maximum Lot Coverage Single-Family Dwellings 19,999 square feet or less (Lot Area x 0.41) + 800 20,000 square feet or greater (Lot Area x 0.45) 71 45 1. Block Frontage of 400 feet or less: the minimum required front yard setback shall not exceed 50 feet. 2. Block Frontage of 401 feet or more: the minimum required front yard setback shall not exceed 60 feet. (j) Rear Yards Abutting Lake Michigan: For lots abutting Lake Michigan, no principal building or alteration to an existing principal building may be located further from the lot’s front lot line than the average of the rear building lines for the lots located on either side of it. This limitation does not apply to: 1. Any structural alteration of any existing principal building for which a building permit was issued prior to November 1, 2016; or 2. Any principal building that is reconstructed or remodeled on the exact foundation of such principal building and does not exceed the previous height of such principal building. 72 46 (B) R-2 Single-Family Residential (1) Purpose: The R-2 Single-Family Residence District is intended to preserve the neighborhood character and harmony of areas in the southern portion of Kenilworth, located both east and west of Green Bay Road. The district is made up of relatively large lots with architecturally significant homes and spacious front yards. (2) Permitted Uses for the R-2 District: See Table of Uses (Table 5.24). (3) Special Uses for the R-2 District: See Table of Uses (Table 5.24). (4) Parking Requirements: Parking requirements in the R-2 District are listed in Section 153.07 - Off Street Parking and Loading. (5) Bulk Space and Yard Requirements for the R-2 District: (a) Minimum Lot Requirements are as shown in Table 5.6. Table 5.6 Minimum Lot Area 12,000 square feet Minimum Lot Width 75 feet Maximum Lot Width Equal to the second widest lot along the street frontage on the same side of the street. (b) Maximum Floor Area. The maximum permitted floor area shall be calculated as follows for Single-Family Detached Dwellings. 1. For all buildings constructed, or for which a permit for the initial construction or substantial alteration thereof was issued on or before October 22, 2005: The maximum floor area shall be 1,200 + (0.24 x lot area), except that n no event shall the maximum floor area exceed: 0.45 x lot area. 2. For all buildings constructed or substantially altered pursuant to a permit issued after October 22, 2005: The maximum floor area shall be 1,200 + (0.21 x lot area), except that in no event shall the maximum floor area exceed 0.42 x lot area (c) Credits applied to Maximum Floor Area. Square footages associated with the following structural elements are not counted toward Maximum Floor Area as calculated above, up to a maximum of 10% of the applicable maximum permitted floor area. 1. Bay Window 2. Open Porches 3. Covered Entries (d) Maximum Building Coverage. Building Coverage shall include the square footage of combined roofed areas on a lot, including but not limited to principal buildings, detached garages, and accessory structures with permanent, inoperable roofs, and shall exclude the area below a porte cochere. The portion of the accessory structure that is roofed shall be considered building coverage. Building Coverage may not exceed the amounts shown in Table 5.7. Table 5.7 Lot Area Maximum Building Coverage Single-Family Dwellings 5,716 to 19,999 square feet or less (Lot Area x 0.16) + 800 20,000 square feet or greater (Lot Area x 0.20) 73 47 (e) Maximum Lot Coverage. Lot Coverage shall include all impervious coverage on a lot, including but not limited to structures, driveways, window wells, patios, decks, paths, and walls. Lot Coverage shall also include other surfaces deemed impervious surfaces by the Zoning Administrator. Lot Coverage shall include Building Coverage, such that Maximum Lot Coverage may not exceed the amount shown in Table 5.8: (f) Maximum Height of Buildings: The maximum height of principal and accessory structures may not exceed the amounts shown in Table 5.9: Table 5.9 Buildings Maximum Height Principal building R-2: west of Green Bay Road 31 feet and 2 ½ stories R-2: east of Green Bay Road and south and west of Warwick Lane with frontage on Oxford Road, Woodstock Avenue, Cumnor Road and Richmond Road 32 feet and 2 ½ stories R-2: west of Sheridan Road and north and east of Warwick Lane, with frontage on Oxford Road, Abingdon Avenue, Robsart Road, Robsart Place and Tudor Place, and south and west of Warwick Lane with frontage on Abingdon Avenue, Robsart Road and Robsart Place 34 feet and 2 ½ stories Detached Garage 20 feet and 1 ½ stories Other accessory structures 14 feet (g) Minimum Yard Requirements. The minimum Yard Setbacks for structures may not exceed the amounts shown in Table 5.10, unless otherwise authorized in this Chapter. Table 5.10 Yard Minimum Required Setbacks Front Yard 40 feet or the Average Front Yard Setback, whichever is greater Side Yard A minimum width of 8 feet for each side yard; Corner Side Yard 40 feet or a Uniform Setback Line, whichever is less Rear Yard A minimum depth equal to the larger of 25 feet or 20% of the depth of the lot Table 5.8 Lot Area Maximum Lot Coverage Single-Family Dwellings 19,999 square feet or less (Lot Area x 0.41) + 800 20,000 square feet or greater (Lot Area x 0.45) 74 48 (h) Setback Plane standards as defined in Section 153.03 (B) (8) shall apply to all residential principal structures in the R-2 Single Family Residential District. (i) Average Front Yard Setback: Where 30% or more of all interior lots along a frontage have a front yard setback of more, or of less, than the minimum required front yard setback, their average front yard setback shall be established as the Average Front Yard Setback for that block and shall be the minimum required unless in excess of the following: 1. Block Frontage of 400 feet or less: the minimum required front yard setback shall not exceed 50 feet. 2. Block Frontage of 401 feet or more: the minimum required front yard setback shall not exceed 60 feet. 75 49 (C) R-3 Single-Family Residential (1) Purpose: The R-3 Single-Family Residence District is intended to preserve the character and harmony of homes located in the western portion of the Kenilworth. With more recently built homes and somewhat smaller lots, the area has a strong residential character and an established, comfortable sense of neighborhood. (2) Permitted Uses for the R-3 District: See Table of Uses (Table 5.24). (3) Special Uses for the R-3 District: See Table of Uses (Table 5.24). (4) Parking Requirements: Parking requirements in the R-3 District are listed in Section 153.07 - Off Street Parking and Loading. (5) Bulk Space and Yard Requirements for the R-3 District (a) Minimum Lot Requirements are as shown in Table 5.11. Table 5.11 Minimum Lot Area 6,000 square feet Minimum Lot Width 50 feet Maximum Lot Width Equal to the second widest lot along the street frontage on the same side of the street. (b) Maximum Floor Area. The maximum permitted floor area shall be calculated as follows for Single-Family Detached Dwellings. 1. For all buildings constructed, or for which a permit for the initial construction or substantial alteration thereof was issued on or before October 22, 2005: the maximum floor area shall be 1,200 + (0.24 x lot area), except that in no event shall the maximum floor area exceed: 0.45 x lot area 2. For all buildings constructed or substantially altered pursuant to a permit issued after October 22, 2005: The maximum floor area shall be 1,200 + (0.21 x lot area), except that in no event shall the maximum floor area exceed 0.42 x lot area. (c) Credits applied to Maximum Floor Area. Square footages associated with the following structural elements are not counted toward Maximum Floor Area as calculated above, up to a maximum of 10% of the applicable maximum permitted floor area. 1. Bay Window 2. Open Porches 3. Covered Entries (d) Maximum Building Coverage. Building Coverage shall include the square footage of combined roofed areas on a lot, including but not limited to principal buildings, detached garages, and accessory structures with permanent, inoperable roofs, and shall exclude the area below a porte cochere. The portion of the accessory structure that is roofed shall be considered building coverage. Building Coverage may not exceed the amounts shown in Table 5.12. (e) Maximum Lot Coverage. Lot Coverage shall include all impervious coverage on a lot, including but not limited to structures, driveways, window wells, patios, decks, Table 5.12 Lot Area Maximum Building Coverage Single-Family Dwellings 5,715 square feet or less (Lot Area x 0.30) 5,716 to 19,999 square feet (Lot Area x 0.16) + 800 20,000 square feet or greater (Lot Area x 0.20) 76 50 paths, and walls. Lot Coverage shall also include other surfaces deemed impervious surfaces by the Zoning Administrator. Lot Coverage shall include Building Coverage, such that Maximum Lot Coverage may not exceed the amount shown in Table 5.13: (f) Maximum Height of Buildings: The maximum height of principal and accessory structures may not exceed the amounts shown in Table 5.14: Table 5.14 Buildings Maximum Height Principal building 30 feet and 2 ½ stories Garage detached from principal building 20 feet and 1 ½ stories Other accessory structures 14 feet (g) Minimum Yard Requirements. The minimum Yard Setbacks for structures may not exceed the amounts shown in Table 5.15, unless otherwise authorized in this Chapter. Table 5.15 Yard Minimum Yard Setback Front Yard 40 feet Side Yard 6 feet Corner Side Yard 6 feet, or the minimum required to maintain a width of 28 feet Rear Yard 25 feet or 20% of the depth of the lot, whichever is larger (h) Setback Plane standards as Table 5.13 Lot Area Maximum Lot Coverage Single-Family Dwellings 5,715 square feet or less (Lot Area x 0.55) 5,716 to 19,999 square feet (Lot Area x 0.41) + 800 20,000 square feet or greater (Lot Area x 0.45) 77 51 defined in Section 153.03 (B) (8) shall apply to all residential principal structures in the R-3 Single Family Residential District. (i) Average Front Yard Setback: Where 30% or more of all interior lots along a frontage have a front yard setback of more, or of less, than the minimum required front yard setback, their average front yard setback shall be established as the Average Front Yard Setback for that block and shall be the minimum required unless in excess of the following: 1. Block Frontage of 400 feet or less: the minimum required front yard setback shall not exceed 50 feet. 2. Block Frontage of 401 feet or more: the minimum required front yard setback shall not exceed 60 feet. 78 52 (D) R-4 Single-Family Residential (1) Purpose: The R-4 Single-Family Residence District is intended to preserve the architectural harmony of moderately sized homes. The district accommodates smaller, narrow lots and a wider range of housing types. (2) Permitted Uses for the R-4 District: See Table of Uses (Table 5.24). (3) Special Uses for the R-4 District: (a) See Table of Uses (Table 5.24). (b) Single-Family Attached Dwellings: Single-family attached dwellings may be permitted as a special use on Ridge Road between Greenwood Avenue and Park Drive. (4) Parking Requirements: Parking requirements in the R-4 District are listed in Section 153.07 - Off Street Parking and Loading. (5) Bulk and Yard Requirements for the R-4 District: (a) Minimum Lot Requirements are as shown in Table 5.16. Table 5.16 Single-Family Detached Dwelling Minimum Lot Area 6,000 square feet per dwelling Maximum Lot Area n/a Minimum Lot Width 50 feet Maximum Lot Width Not greater than the lot width of the widest lot on the frontage. Single-Family Attached Dwelling Minimum Lot Area 6,000 square feet Maximum Lot Area 11,000 square feet Minimum Lot Width 50 feet Maximum Lot Width Not greater than the lot width of the widest lot on the frontage. (b) Maximum Floor Area. The maximum permitted floor area shall be calculated as follows for residential uses. 1. For all buildings constructed, or for which a permit for the initial construction or substantial alteration thereof was issued on or before October 22, 2005: The maximum floor area shall be 1,200 + (0.24 x lot area), except that in no event shall the maximum floor area exceed: 0.45 x lot area. 2. For all buildings constructed or substantially altered pursuant to a permit issued after October 22, 2005: The maximum floor area shall be 1,200 + (0.21 x lot area), except that in no event shall the maximum floor area exceed 0.42 x lot area. 3. Notwithstanding paragraphs (b.i) and (b.ii) above, for single-family attached dwellings authorized by Special Use, the maximum floor area shall be 0.575 x lot area. (c) Credits applied to Maximum Floor Area. Square footages associated with the following structural elements are not counted toward Maximum Floor Area as calculated above, up to a maximum of 10% of the applicable maximum permitted floor area. 1. Bay Window 2. Open Porches 3. Covered Entries 79 53 (d) Maximum Building Coverage. Building Coverage shall include the square footage of combined roofed areas on a lot, including but not limited to principal buildings, detached garages, and accessory structures with permanent, inoperable roofs, and shall exclude the area below a porte cochere. The portion of the accessory structure that is roofed shall be considered building coverage. Building Coverage may not exceed the amounts shown in Table 5.17: Table 5.17 Lot Area Maximum Building Coverage Single-Family Dwellings 5,715 square feetor less (Lot Area x 0.30) 5,716 to 19,999 square feet (Lot Area x 0.16) + 800 20,000 square feetor greater (Lot Area x 0.20) Single-Family Attached Dwellings (Lot Area x 0.30) + 325 (e) Maximum Lot Coverage. Lot Coverage shall include all impervious coverage on a lot, including but not limited to structures, driveways, window wells, patios, decks, paths, and walls. Lot Coverage shall also include other surfaces deemed impervious surfaces by the Zoning Administrator. Lot Coverage shall include Building Coverage, such that Maximum Lot Coverage may not exceed the amount shown in Table 5.18: Table 5.18 Lot Area Maximum Lot Coverage Single-Family Dwellings 5,715 square feet or less (Lot Area x 0.55) 5,716 to 19,999 square feet (Lot Area x 0.41) + 800 20,000 square feet or greater (Lot Area x 0.45) Single-Family Attached Dwellings (Lot Area x 0.65) + 425 (f) Maximum Height of Buildings: The maximum height of principal and accessory structures may not exceed the amounts shown in Table 5.19. Table 5.19 District Building Type Maximum Height R-4: east of Ridge Road and south of Park Drive Principal building 28 feet and 2 ½ stories R-4: east of the line created by the east lot line of lots with frontages on Brier Street boarded by Park Drive, Green Bay Road, and the northern boundaries of the District. Principal building 28 feet and 2 ½ stories R-4: east of Ridge Road, north of Park Drive, and west of the line created by the east lot line of lots with frontages on Brier Street extending south to Principal building 30 feet and 2 ½ stories 80 54 Table 5.19 District Building Type Maximum Height Park Avenue R-4: east of Green Bay Road Principal building 30 feet and 2 ½ stories R-4 Detached Garage 20 feet and 1 ½ stories R-4 Other accessory structures 14 feet (g) Minimum Yard Requirements. 1. The minimum Yard Setbacks for structures may not exceed the amounts shown in Table 5.20, unless otherwise authorized in this Chapter. Table 5.20 Yard Minimum Yard Setbacks Single-Family Dwellings Front Yard 30 feet or the Average Front Yard Setback, whichever is greater Side Yard 6 feet Corner Side Yard 6 feet, or the minimum required to maintain a buildable width of 28 feet Rear 25 feet or 20% of the depth of the lot, whichever is larger Single-Family Attached Dwellings Front Yard 7 feet Side Yard 3 feet Corner Side Yard 6 feet, or the minimum required to maintain a buildable width of 28 feet Total Side Yard 10 feet Rear 25 feet or 20% of the depth of the lot, whichever is larger 2. Average Front Yard Setback: Where 30% or more of all interior lots along a frontage have a front yard setback of more, or of less, than the minimum required front yard setback, the Average Front Yard Setback, up to a maximum setback of 30 feet, shall be the minimum required. 81 55 (E) B Business District (1) Purpose: The B Business District seeks to preserve and enhance the historic commercial district with the Village of Kenilworth, which runs primarily along Green Bay Road and a small section of Park Drive. This district provides for a variety of community-oriented and neighborhood-scale businesses, accessible by both pedestrians and vehicular traffic, and serving the needs of the Kenilworth community. (2) Permitted Uses in the B District: See Table of Uses (Table 5.24). (3) Special Uses in the B District: See Table of Uses (Table 5.24). (4) Parking Requirements: Parking requirements in the B District are listed in Section 153.07 - Off Street Parking and Loading. (5) Bulk and Yard Requirements in the B District shall be as shown in Table 5.21: Table 5.21 Bulk Standard Requirement Minimum Lot Requirements None required Maximum Floor Area Not applicable Maximum Lot Coverage Not applicable Maximum Height of Principal Buildings and Structures 35 feet or 3-1/2 stories Minimum Front Yard 0 feet Minimum Side Yard 0 feet, but if one is provided, it shall be a minimum of 5 ft. Minimum Corner Side Yard 0 feet Minimum Rear Yard Setback 0 feet (6) Restrictions on Permitted and Special Uses. Uses permitted or authorized as special uses in the B Business District are subject to the following restrictions: (a) All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings, except as otherwise authorized by this Chapter. (b) Drive-in or drive-through facilities are not permitted. (c) A fourth floor may only be authorized as a Planned Unit Development. (d) A building height of 45’ may not be exceeded by variation or Planned Unit Development – only through a zoning text amendment applicable to the entire B District. 82 56 (F) M-2 Public Lands District (1) Purpose. The M-2 Public Lands District is intended to provide for a range of institutional, governmental and public uses within the community. These uses serve the public for municipal functions and provide spaces within the community meeting and communal gathering. These spaces are generally situated within or adjacent to residential districts and are open to the public. (2) Permitted Uses in the M-2 District. See Table of Uses (Table 5.24). (3) Special Uses in the M-2 District. See Table of Uses (Table 5.24). (4) Parking Requirements. Parking requirements in the M-2 District are listed in Section 153.07 - Off Street Parking and Loading. (5) Bulk and Yard Requirements in the M-2 District are as shown in Table 5.22. Table 5.22 Bulk Standard Requirement Minimum Lot Requirements None required Maximum Floor Area Not applicable Maximum Lot Coverage Not applicable Maximum Height of Buildings 35 feet Minimum Front Yard 25 feet Minimum Side Yard 6 feet Minimum Corner Side Yard Equal to the minimum required corner side yard for the immediately adjacent residential district abutting the same street. Minimum Rear Yard 25 feet or 20% of the depth of the lot, whichever is larger 83 57 (G) OS Open Space (1) Purpose. The OS Open Space District is intended to provide for recreation areas within the Village. These areas provide opportunities for passive and active recreation, and facilitate community gathering and enjoyment of the Village’s natural environment. (2) Permitted Uses in the OS District. See Table of Uses (Table 5.24). (3) Special Uses in the OS District. See Table of Uses (Table 5.24). (4) Parking Requirements. Parking requirements in the OS District are listed in Section 153.07 - Off Street Parking and Loading. (5) Bulk and Yard Requirements in the OS District are as shown in Table 5.23. Table 5.23 Bulk Standard Requirement Minimum Lot Requirements None required Maximum Floor Area Not applicable Maximum Lot Coverage Not applicable Maximum Height of Buildings Not applicable Minimum Front Yard Not applicable Minimum Side Yard Not applicable Minimum Corner Side Yard Equal to the minimum required corner side yard for any immediately adjacent residential district abutting the same street. Minimum Rear Yard Equal to the minimum required adjacent yard if abutting a residential use. 84 58 (H) Permitted and Special Uses (1) Permitted and Special Uses in all zoning districts shall be as listed in Table 5.24 that follows. (2) Any use of land not listed in Table 5.24 as a Permitted, Special, or Accessory Use shall be prohibited in the Village of Kenilworth. (3) Use Determination: (a) The Zoning Administrator shall make a determination as to whether a use of land proposed in Kenilworth is one of those specifically listed in the table, or whether the use falls into one of the use categories listed in the table. (b) Where a use of land proposed for the Village of Kenilworth is not specifically listed in Table 5.24 as a Permitted or Special Use, the Zoning Administrator may make a determination as to whether it is substantively similar to a use listed in the table and may be regulated as such. In making the determination, the Zoning Administrator may request, and the applicant shall provide, information related to the use and its operation as needed to make a like use determination. (c) Use Designations in Table 5.24 are: 1. P = Permitted Use 2. S = Special Use 3. A = Accessory Use Only (4) Table 5.24: Land Use Table Land Uses Zoning Districts R-1 R-2 R-3 R-4 B M-2 OS Additions to commercial or mixed use buildings or structures resulting in a total floor area of 10,000 square feet or more S Artisan and Maker Space S Automobile, Motorcycle, Boat And Marine Sales And Showroom, Indoor Display, And Storage S Boutique Hotel S Brew Pub S Beer/Wine Bar S Business, Professional, And Financial Services Offices, above ground floor P Business, Professional, And Financial Services Offices, ground floor S Catering (as a principal use) S Commercial or Mixed Use Developments: New buildings or structures with a floor area of 10,000 square feet or more S Day Care Center S Financial Institution S 85 59 Land Uses Zoning Districts R-1 R-2 R-3 R-4 B M-2 OS Garage, Private Detached A A A A P Government Buildings and Facilities P Grocery Store S Home Occupation A A A A Medical/Dental Offices, Immediate Care, And Specialty Care, above ground floor P Medical/Dental Offices, Immediate Care, And Specialty Care, ground floor S Multiple-Family Residential Dwelling Units Above First Floor P Commercial or Mixed Use Developments: New buildings or structures with a floor area of 10,000 square feet or more S Outdoor Dining Accessory to Restaurant, full service; restaurant, limited service; or specialty food and beverage S P Parking Lot, principal use S Performing Arts Theater S Personal Services P Physical Fitness Facilities, including one-on-one personal training S Place of Religious Worship S S S S S Planned Unit Development (non- residential) S S S S S Planned Unit Development S S Pre-school S S S S S Principal building with height in excess of the maximum permitted, but not in excess of 40 feet S S Public Library S S S S S P Public Park or Playground P Railroad Station P Restaurant With Live Performances or Dancing S Retail Store P School: Elementary, Middle, High School, Not For Profit S S S S S P School: Training or Educational Service, For-Profit S 86 60 Land Uses Zoning Districts R-1 R-2 R-3 R-4 B M-2 OS Single-Family Attached Dwellings on the south side of Wayland Avenue between Green Bay Road and the alley, approximately 105 feet from the Green Bay Road right-of-way. S Single-Family Detached Dwellings P P P P A Swimming Pool, Private A A A A Village Recreation Center P 87 61 153.06 Design Guidelines Part 1: Business District Design Guidelines (A) Purpose: The Village of Kenilworth is a community built on purpose. It was designed with the goals to maximize natural sunlight and clean air, forge and sustain strong social ties, and celebrate architectural excellence. The Business District is an important part of the community, with numerous structures of architectural and historical significance. The Kenilworth Business District Design Guidelines aim squarely at bringing to the forefront the urban, architectural, sustainable and pedestrian design elements which are critical components of maintaining and building upon the charm of the Kenilworth Business District. They do not specify the land use of new development (as zoning does), they communicate the character and quality through which buildings can contribute to Kenilworth’s quality of place. The Kenilworth Business District Design Guidelines are hereby adopted by reference as part of this Chapter. The Design Guidelines provide support to enable an evergreen and architecturally cohesive business district, as described in the Green Bay Road Corridor Vision, adopted in 2022: In the year 2040…. Green Bay Road Corridor The Green Bay Road Corridor has been transformed into a vibrant pedestrian friendly hub of village economic and social activity, featuring welcoming spaces and local businesses for community gathering. A neighborhood center, it offers an appealing mix of dining, shopping and retail services to enrich and simplify the lives of its residents. The community is more vibrant, economically healthy and connected. Sensitive to the village’s architectural heritage, the revitalized Corridor showcases the community’s charm and unique personality. Older buildings have been beautified with refreshed facades and signage, and structures are adapted for contemporary needs. New appropriately scaled mixed-use properties complement the area with enhanced amenities that residents desire. An aesthetically restored and vibrant corridor better reflects and fits into its highly appealing residential surroundings. Streetscape enhancements establish safe and efficient pedestrian and automobile traffic throughout the corridor. Also, inviting warm features such as wider sidewalks, shade trees, benches, planters and lighting promote walkability, offer informal places to gather, and outdoor dining opportunities. Parking improvements enhance safety and support businesses in a thoughtful way. Village utilities and infrastructure have been upgraded as the vitality of the Corridor has grown. The Green Bay Road Corridor supports a healthy future for Kenilworth through enhanced quality of life, enriched community engagement and improved economic development. 88 62 (B) Applicability. A Certificate of Appropriateness shall be required for all structures in the B Business Zoning District for which the improvements listed in this subsection are conducted. No building permit for such work may be issued until a Certificate of Appropriateness has been obtained for that work. (1) New development on a vacant site or redevelopment of an existing structure that has been razed. (2) Renovation of an existing structure meeting the definition of a Substantial Alteration per this Chapter. (3) Alteration to building construction materials on any building façade. (4) Replacement of structural elements including but not limited to doors, windows, and roofs. (5) Changes to or addition of architectural elements including but not limited to lights, awnings, and canopies. (6) Changes to off street parking areas. (7) New or modified landscaping and parking lot screening (8) Signs in keeping with all time, place, and manner requirements of the Sign Code. (9) Changes to any structure as determined by the Zoning Administrator to be a change in scale, character, or architectural design as to merit consideration for a Certificate of Occupancy. (C) Process for Securing Certificate of Appropriateness (1) Improvements noted in subsection (B) above require that a Certificate of Appropriateness be secured through the Architectural Review Commission (ARC) per Section153.09 (K) – Administration and Enforcement. (2) Appeals: Appeals by an applicant to a determination of the ARC regarding a Certificate of Appropriateness shall be considered by the Village Board. (D) Application Standards: The following Design Standards are required to be met for all in the B Business District to receive a Certificate of Appropriateness. These standards shall be met by effectively applying the design guidelines in the Village of Kenilworth Business District Design Guidelines. (1) Where more than 50% of the existing principal structures on a block have the building front located at the front property line, place buildings along the street with a zero foot front setback to maintain continuity with the existing street. (2) Maximize street level transparency to highlight activity level of the district. (3) Face front doors towards the streets, connecting directly from the sidewalk, to create an inviting pedestrian environment. (4) Use durable, sustainable materials to establish continuity of historic architecture and convey longevity of the district. (5) Incorporate articulated façade elements such as varied roof forms, well defined base, upper-level setbacks, and interesting cornice lines to present interesting designs. (6) Incorporate special corner treatments, including corner entrances, architectural corner elements, or small corner plazas and landscaping to present interesting designs. (7) Incorporate awnings, canopies and similar elements to create shade for pedestrians and add complementary colors to the street level façade. (8) Avoid fake, false, and faux architectural treatments, including stories, windows, roofs and other elements. (9) Provide landscape buffers, where feasible, when adjacent to existing residential uses to mitigate adverse views or noise. (10) Create a cohesive and pleasant character by mitigating potentially adverse impacts 89 63 between different zoning districts and establishing logical transitions between buildings. (11) Where location of building allows, facilitate places for pleasant outdoor seating, where feasible, with widened sidewalks and small pocket plazas. (12) Do not have dormers constitute more than 50% of the façade length. (13) Screen or locate mechanical equipment to not be visible from public ways at grade level. (14) Provided decorative building elements are consistent with the building’s architectural style. (15) Sheild lighting sources so as to not be visible from the public way. (16) Assure building color schemes are compatible and complementary with adjacent buildings (primary, bright or excessively brilliant colors are not permitted). (17) Sustainable Design: Improvements in the Business District incorporate sustainable building practices, design approaches, materials, infrastructure, or other sustainable design methods, where appropriate for the site and structure. This may include: (a) Permeable paving or pavers in parking areas. (b) Green infrastructure such as swales and rain gardens to enhance on-site, natural stormwater drainage. (c) Recycled construction materials, provided they meet all Village Code requirements. (d) Landscaping that incorporates native plants, pollinators and a diverse array of plantings. Invasive species or the use of a single species is not allowed. (e) Energy efficient systems. (f) White or green roofs to minimize heat retention and reduce cooling needs. (g) Secure bicycle parking on-site to encourage active transportation. (h) Meeting requirements for a sustainable building certification such as the LEED rating system. PART 2. Appearance Plan Standards for Nonresidential Building in Residential Zoning Districts (E) Purpose: These standards establish a checklist of those items that affect the physical aspect of the Village environment. Pertinent to appearance is the design of the site, building and structures, planting, signs and other miscellaneous objects that are observed by the public. These standards are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles which can result in creative solutions that will develop a satisfactory visual appearance within the Village. (F) Applicability (1) A Certificate of Appropriateness meeting the appearance standards of this Section shall be required for: (a) All new structures and renovation of structures meeting the definition of a Substantial Alteration in the M-2 Public Lands District. (b) All new non residential structures and renovation of such structures meeting the definition of a Substantial Alteration in the R-1, R-2, R-3, and R-4 Zoning Districts. (2) Process for Securing Certificate of Appropriateness: A Certificate of Appropriateness be shall be secured through the Architectural Review Commission (ARC) per Section153.09 (K) – Administration and Enforcement (G) Standards for all Development Applications: The Appearance Plan Standards for Nonresidential Building in Residential Zoning Districts are hereby adopted by reference as part of this Chapter. 90 64 153.07 OFF-STREET PARKING AND LOADING (A) Purpose: The off-street parking and loading standards in this Chapter are intended to provide adequate parking facilities for associated land uses, ensure efficient on-site circulation, limit traffic congestion on the public right-of-way, support pedestrian-safety in parking areas, provide for the accessibility needs of persons with disabilities, allow flexible parking standards to support environmental sustainability and economic development, and provide adequate on-site bicycle parking facilities, where applicable. (B) Applicability (1) For all structures constructed and uses of land established after the effective date of this Title, accessory parking and loading facilities shall be provided as required at the time such was established. (2) For all structures constructed and all uses of land established after the effective date of this Title, accessory parking and loading facilities shall be provided as required by the regulations of this Chapter. (3) Increase Intensity of Existing Use or Structure. (a) When the use of any building, structure or premises is increased or expanded through the addition of dwelling units, gross floor area, increased intensity of use, or other units of measurement specified in this Chapter for required parking or loading facilities, additional parking and loading facilities shall be provided for that increase in intensity as required in this Chapter, except as allowed for in subsection (3) b below. (b) When subsection (3) a is applicable, additional parking or loading facilities shall not be required unless and until the activity increases the additional required parking requirement by fifteen percent (15%) or more, as measured by the requirements existing prior to the effective date of this Title. If the requirement exceeds fifteen percent (15%), parking or loading facilities shall be provided as required by this Chapter. (4) Existing accessory off street parking or loading facilities shall not be reduced below the requirements of this Title. If the parking provided is already less than required, the amount of parking shall not be reduced further. (5) Damage or Destruction: (a) Any conforming structure damaged by fire, collapse, explosion or other cause, that is reestablished by repair or reconstruction, shall be provided with accessory off street parking and loading facilities equivalent to, at least, that amount of parking and loading facilities that existed at the time of such damage. (b) In the event such structure is damaged or destroyed beyond fifty percent (50%) of its replacement value, sufficient off-street parking and loading facilities shall be provided as required by this Chapter as if the facility were newly built (6) Exceptions. This Code acknowledges passage of the People Over Parking Act by the State of Illinois (Chapter 50 - LOCAL GOVERNMENT 50 ILCS 845) and that the Village’s authority to apply parking regulations to some properties in the Village has been superseded, and does not apply. In those instances, owners, applicants, and designers are encouraged to consider the standards in this Section as informative to parking demand as they design sites and buildings. (C) General Standards for Off-Street Parking (1) Location: Off street parking areas required for residential uses must be located on the 91 65 same lot as the building or use they are required to serve, unless otherwise allowed by this Chapter (a) Off-street parking spaces for properties in residential zoning districts may be located in rear or side yards provided that: 1. Parking in a Rear Yard of a corner lot may be located no closer to the lot line closest to the street than the required minimum building setback. 2. Off-street parking shall not be located in the portion of a driveway that is located in the front yard. (b) driveways providing direct access from a garage or parking area to a street or alley (and not serving as a circulation aisle in connection with any parking space) may traverse any required yard. (2) The maximum number of parking spaces permitted on a lot in a residential district (including spaces in an attached or a detached garage) shall be the larger of three or the largest whole number (disregarding fractions) determined by dividing the total number of square feet of the lot by 3,500; provided, however, that single-family attached dwellings shall be permitted to have a maximum of two parking spaces per dwelling unit regardless of lot area. (3) Parking Pads. Parking pads may be permitted only in interior side or rear yards. Parking pads shall also be located behind the front line of the principal structure. (4) Parking below grade. Except in the B Zoning District, no part of any garage, driveway or other place for the storage or parking of automobiles may be located below the natural grade, except when determined by the Zoning official to be necessary to address public safety, utility, or stormwater requirements of the Village. (5) Electric Vehicle Charging Infrastructure: Newly constructed single-family homes and multi-unit residential buildings that have parking spaces shall comply with Public Act 103-0053 Electric Vehicle (EV) Charging Act, as amended. (6) Drive-Thru Establishments. Drive-thru establishments are not permitted in the Village. (7) Inoperable Vehicles: All vehicles parked or stored on any property shall have current license plates and be in operable condition, unless located inside a garage. (8) Auto Repair. No vehicular repair work, except emergency services, shall be permitted in association with any off-street parking areas. (9) Vehicles displayed and offered for sale. Vehicles displayed and offered for sales are subject to the following restrictions: (a) The owner of the vehicle must reside on the property on the premises where the vehicle is displayed and offered for sale. (b) Not more than one vehicle shall be displayed and offered for sale at one time. (c) Not more than four vehicles shall be displayed and offered for sale within a 12-month period. (d) Any sign displaying a vehicle for sale shall be located inside of the vehicle. (10) Parking and Storage of Commercial and Recreational Vehicles: (a) Major Commercial Equipment shall be parked or stored in keeping with the following: 1. Major commercial equipment in conjunction with active construction, repair or maintenance work on the premises may be parked or stored for the duration of the work. 2. Major commercial equipment not in conjunction with active construction, repair or maintenance work on the premises shall be parked or stored in an enclosed building. 3. Major commercial equipment shall not be used for living, sleeping or housekeeping purposes when parked or stored on any lot in any zoning district. (b) Major Recreational Equipment shall be parked or stored in one of the following locations: 92 66 1. In the rear yard in compliance with regulations for detached accessory buildings, in accordance with subsection (vi) below; 2. In an enclosed building; or 3. In a car port, screened in accordance with subsection (vi) below. 4. Major recreational equipment may be temporarily parked for a period not to exceed 24 consecutive hours during loading or unloading in any driveway. 5. Major recreational equipment shall not be used for living, sleeping or housekeeping purposes when parked or stored on any lot in any zoning district. 6. Screening Required. Any equipment parked or stored other than in an enclosed building shall be screened from view at grade from the street and from adjacent properties. (D) Design and Construction of Parking and Loading Facilities. The design and construction of off street parking and loading areas shall conform to the standards contained in this Chapter and other relevant sections of the Village Code. (1) Submission of Site Plan: Any application for a building permit in a non-residential zoning district where new parking is to be provided or existing parking reconfigured shall include a fully dimensioned site plan indicating all parking and drive areas, ingress and egress, a plan for landscaping and any other information as may be required by the Zoning Administrator to ensure safe and efficient parking, loading, and drive area design, to be evaluated as part of the building permit review process. (2) Access to Public Streets and Rights-of-Way. (a) All off-street parking areas shall be designed with appropriate means of vehicular access to a street. Such access, as well as any access to an alley or adjacent property, will be designed in such a manner as will least interfere with the movement of traffic. (3) Driveways. (a) Any driveway serving a single family residential property shall have a maximum width of 15 feet. (b) All driveway lanes accessing a public street from commercial property shall have a minimum width of 12 feet. (c) Any driveway accessing a street from commercial or other nonresidential property shall have a maximum width of 36 feet, unless otherwise provided in this Chapter. (d) In all residential zoning districts, only one curb cut shall be allowed per property except that a second curb cut may be allowed in keeping with the requirements of Section 55.065 of the Village Code. (4) Screening of Parking Areas: All parking areas containing four (4) or more parking spaces and adjoining a public right of way or a Residential Zoning District must be screened with a 100% opaque evergreen planting on each side. (5) Safe Pedestrian Access (a) All walkways must be a minimum of five feet (5’) wide. (b) All walkways must be located so as to serve the maximum number of parking stalls; (c) All walkways must meet ADA accessibility requirements; (d) All parking lots must include walkways that provide direct connections to building entrances from the spaces furthest from the entrance. At least one walkway must provide a direct connection between the building entrances and the adjacent public rights-of-way and associated sidewalk. (e) All pedestrian walkways must be clearly marked with high-visibility striping or alternative materials as approved by the Zoning Administrator as being equally visible and effective at promoting pedestrian safety. Where walkways cross a drive 93 67 aisle, the walkway must have a continuous surface treatment across the drive aisle. (6) Size and Geometrics. All parking spaces shall measure a minimum of eight and one-half (8.5) feet in width and twenty (20) feet in length, exclusive of access drives, aisles, ramps and columns. (7) Tandem parking is permitted in the B Business District for multiple-family dwellings. (8) Pavement Standards. (a) All required parking spaces must be constructed on a hard surface, including but not limited to concrete, pavers, asphalt or macadam or comparable all-weather dustless material surfaces area, acceptable to the Zoning Administrator, and having a depth thickness of at least four inches. (b) Required off-street parking areas for three or more automobiles shall have individual spaces marked, and shall be designated, maintained and regulated so that no parking or maneuvering incidental to parking shall be on any public street, walk or alley, and so that any automobile may be parked and unparked without moving another. (9) Drainage: All off street parking areas shall be designed and maintained to be in keeping with all drainage and stormwater management requirements of the Village Code. (10) Lighting. (a) All illumination in parking and loading area shall be directed or shielded away from residential properties and public streets such that the light source is not visible from the property line. (b) Lighting associated with parking and loading facilities shall not exceed 1 foot candle measured at the property line. (c) No lighting used to illuminate off-street parking and loading facilities shall create a nuisance as defined by the Village Code. (d) All lighting shall be recessed, shielded or cut off fixtures, with a cut off angle of 90 degrees or less as shown below. (11) Parking Space and Drive Aisle Design: (a) Parking spaces shall be designated with a painted stripe to define each parking space and be a minimum of four inches (4”) in width for the length of each parking space. (b) The direction of traffic in drive aisles or driveways to and from public rights of way for non-single-unit residential development shall be designated with a painted arrow or other. (c) Parking area drive aisles shall be a minimum of 16 feet in width if serving a single row of parking and 24 feet wide if serving two rows of parking. (12) Bicycle Parking Requirements. (a) All non-residential and multiple-family developments that provide new parking spaces shall provide bicycle parking facilities (bike racks). (b) Parking for a minimum of two bicycles shall be provided on the site. (c) Multiple-family developments shall provide interior bicycle parking facilities for building residents, if feasible. (d) Bicycle parking facilities for shall be located at least as close as the closest automobile space to the primary entrance, if feasible. (e) Each bicycle parking facility shall include a metal anchor sufficient to secure the bicycle frame when used in conjunction with a user supplied lock. (E) Maintenance of Parking and Loading Facilities (1) Maintenance Requirements: The property owner shall be responsible for the maintenance of all driveways and parking and loading facilities serving the property, 94 68 including any portions located in public rights of way. All pavement that represents a hazard to vehicular or pedestrian travel shall be repaired. (2) Shared Parking. Required off street parking for nonresidential uses may be shared between in keeping with the following: (a) Shared Parking on a Single Property. The parking provided on a property shall be the sum of that required for each individual use. However, cumulative parking requirements for properties with multiple occupancies in nonresidential zoning districts may be reduced where it can be determined that the peak requirement of the multiple occupancies occur at different times during the day. For such a shared parking arrangement, the Village may make an adjustment that reduces the off-street parking requirements for each participating use upon finding that: 1. The commercial uses do not have the same hours of operation. 2. Convenient, safe, accessible and visible pedestrian connections are located between the uses. 3. Applicants have clearly demonstrated the feasibility of shared parking. 4. The shared parking arrangement receives the recommendation of the Zoning Administrator and approval of the Plan Commission. 5. Parking spaces required to meet State accessible parking standards may not be shared. 6. The property owner agrees to any and all conditions of the shared parking arrangement as may be set by the Plan Commission, as memorialized in a form and manner approved by the Village Attorney. (b) Shared Parking on Multiple Properties. Where the parking requirement for a new building and/or use cannot be met on the property which includes such building or use, the parking shortfall may be met on another property if the following conditions are met: 1. A property providing parking for another to meet a shortfall must be able to meet and maintain minimum parking requirements for its use, after netting out those spaces to be shared 2. Convenient, safe, accessible and visible pedestrian connections are located between the uses. 3. Applicants have clearly demonstrated the feasibility of shared parking. 4. Shared parking spaces shall be located within 500 feet of the primary entrance of all uses served, unless shuttle service is provided to the parking lot. 5. Parking spaces required to meet State accessible parking standards may not be shared. The shared parking arrangement receives the recommendation of the Zoning Administrator and approval of the Plan Commission, which may place conditions on the approval to address any safety and convenience concerns. 6. Applicants provide a shared parking agreement in a form approved by the Village Attorney and executed by the parties, establishing the shared parking spaces and the Village of Kenilworth. Shared parking privileges will continue in effect only as long as the agreement, binding on all parties, remains in force. Should the agreement cease to be in force, parking must be provided as otherwise required within this Section. Shared parking agreements shall be recorded with Cook County Recorder of Deeds for all properties involved. (3) Lease or Rental of Parking Spaces. (a) In the B Business District: 1. Parking spaces may not be rented to any private vehicle owner not residing on the premises. 2. Parking space rental agreements between property owner, business owners, and the Village of Kenilworth are permitted subject to a recorded agreement. 95 69 3. No parking space may be used to store any recreational vehicles. (b) All other districts: Rental of required parking spaces is prohibited, other than when vehicles are parked in an existing garage on the property. (4) Off-Premises Parking Facilities. Off-street parking spaces required for any building or use may be located off the premises served, subject to the following requirements: (a) Parking facilities shall be constructed in a manner open to the sky. (b) The land upon which any required parking facilities are provided shall be in the same possession, either by deed or long term lease, as the property occupied by the use they serve. (c) The owner of the land shall be bound by covenants filed of record in the office of the Recorder of Deeds or the Registrar of Titles of the county, requiring the owner, his or her heirs or assigns, to maintain the required number of parking facilities throughout the existence of the principal use. (5) Accessible Parking (a) ADA Compliance. All Off-Street Parking Areas must comply with the State of Illinois Accessibility Code and the Americans with Disabilities Act of 2010 (ADA) as amended, concerning the number and design of accessible vehicle parking spaces required in parking lots and structures. (b) Required Spaces. Parking spaces for persons with disabilities shall be provided in all off-street Parking Areas where parking is provided for employees, visitors or both, with the exception of single family detached and townhome uses. The number of accessible parking spaces shall be included in the total number of required parking spaces and shall be in accordance with the applicable requirements of the Illinois Accessibility Code, as amended from time to time, and all additional governing codes and applicable laws. (c) Dimensions and Design. Such spaces shall comply with the design standards presented in the State of Illinois Accessibility Code, provided that in no instance shall the width of anyone (1) space be less than sixteen (16) feet, to include either an eight-foot or five-foot wide diagonally striped access aisle. The access aisle may be located on either side of the vehicle space except for angled parking space, which shall have the access aisle located on the passenger side of the vehicle space. Two parking spaces may share an access aisle unless the parking spaces are angled. Such spaces shall be identified by a sign and pavement markings indicating parking for persons with disabilities only. Such spaces shall be placed on level pavement on the shorted accessible route to an accessible facility entrance. Table 7.1: Accessible Parking Spaces (Source: www.IllinoisAttorneyGeneral.gov) Total Off-Street Parking Spaces Provided # of Accessible Parking Spaces Required 1 to 25* 1* 26 to 50* 2* 51 to 75* 3* 76 to 100* 4* 101 to 150* 5* 96 70 151 to 200* 6* 201 to 300* 7* 301 to 400* 8* 401 to 500* 9* 501 to 1,000* 2% of Total Number* 1,001 and over* 20 plus 1 for each 100 over 1,000* Rehabilitation and Outpatient Physical Therapy Facilities specializing in treating conditions that affect mobility 20% of total number of parking spaces* Hospital Outpatient medical facilities 10% of total number* * Any update to State of Illinois or National regulations regarding Accessible Parking shall supersede these requirements. (F) Schedule of Parking Requirements (1) The number of accessory off-street parking spaces provided for all properties shall be based on the standards set in this section, provided that per the People Over Parking Act, any use located within the following distances shall not be subject to these standards: (a) one-half mile of a public transportation hub; or (b) one-eighth mile of a public transportation corridor. (2) Computation. (a) Parking requirements calculated on the basis of square footage, shall be based on Floor Area, as defined in this Chapter. (b) When the determination of the number of required parking spaces results in the requirement of a fractional space, any fraction shall require one additional space. (3) Uses Not Listed in Table 7.2: For uses not listed in Table 7.2 Schedule of Parking Requirements, parking spaces shall be provided on the same basis as required for the most similar listed use, as determined by the Zoning Administrator. Table 7.2: Schedule of Parking Requirements Use Minimum Parking Spaces Maximum Parking Spaces NONRESIDENTIAL USES Nonresidential uses in the B Business District 1 parking space for each 600 square feet of floor area above the ground floor n/a Place of Religious Worship, on a new site 1 parking space per 3 persons of facility’s design capacity. n/a 97 71 Place of assembly 1 parking space for each 1,000 square feet of floor area open to the public n/a School, on a new site As determined by parking study prepared by transportation professional. n/a RESIDENTIAL USES Single-family Detached Dwelling 1 parking space The larger of three (3) or the whole number (disregarding fractions) determined when dividing the total lot area by 3,500 Single-Family Attached Dwelling 1 space per unit 2 spaces per unit Multiple-family dwelling Three (3) parking spaces for each two (2) dwelling units 2 per dwelling unit (G) Loading Regulations and Requirements (1) Applicability. An off-street loading plan shall be required in the following instances: (a) All principal structures in the B Business District that are newly constructed or undergoing Substantial Alterations. (b) All non-residential principal structures in any zoning district that are newly constructed or undergoing Substantial Alterations. (c) A property in the B Business District for which there is a change in use. (2) Loading Plan Requirements. An off-street loading plan shall be required to include the following: (a) Anticipated delivery frequency on a typical day of operation. (b) Location of existing and proposed off-street parking areas. (c) Points of ingress and egress to the property. (d) Dimensions of proposed area to be devoted to delivery loading and unloading. (e) Other information required by the Zoning Administrator to understand the loading area to be provided and any anticipated impacts. (3) Approval of Parking Plan: The Zoning Administrator may approve a parking plan upon finding it provides efficient loading operation that does not impede traffic on public rights of way or safety of any driver, biker, or pedestrian on the subject property or public right of way. 98 72 153.08 NONCONFORMING LOTS, STRUCTURES AND USES (A) Purpose: The purpose of this Section is to govern three types of nonconformities: lots, structures, and uses. A nonconformity is a lot, structure, or use that was lawfully established but—because of the adoption of new or amended regulations—no longer complies with one or more requirements of this Chapter. The regulations of this Section establish the standards under which nonconformities can be altered, expanded, or allowed to continue. This Section also provides for: (1) The regulation and maintenance of those nonconforming lots, structures and uses which may substantially and adversely affect the orderly development and taxable value of other conforming property in each district; and (2) The gradual elimination of nonconforming lots, structures and uses to those that conform to the provisions of this Article by specifying the circumstances and conditions under which nonconforming lots, structures and uses shall be permitted with restriction in order to accomplish the objectives of this Chapter without undue burden to any single property owner, in accordance with the authority granted by Illinois Statutes. (3) The establishment of a system to enable certain nonconforming lots, structures, and uses intended to be granted an exception to these regulation and provide greater flexibility than the category of "nonconforming " in the continuation, expansion or enlargement of existing land uses or structures still permitted in the subject zone district, but which no longer comply with this Chapters limitations. (B) Determination of Nonconforming Status (1) The burden of proving that a nonconformity exists (as opposed to a violation of this Chapter) rests entirely with the property owner. However, the Zoning Administrator will maintain a current inventory of all known nonconforming lots, structures, and uses within the Village, including those created after the adoption of any partial or comprehensive amendment to this Chapter. (2) The Zoning Administrator is authorized to determine whether adequate proof of nonconforming status has been provided by the subject owner. (3) Building permits, lawfully recorded plats, aerial photography owned by the Village and other official government records that indicated lawful establishment of the lot, structure or use constitute conclusive evidence of nonconforming status. If such forms of conclusive evidence are not available, the Zoning Administrator is authorized to consider whether other forms of evidence provided by the subject owner are reliable and adequate to document nonconforming status. Examples of evidence that may be considered include, but are not limited to: (a) Professional registrations or licenses; (b) Utility billing records; and (c) Leasing records. (C) General Provisions (1) Elimination of Nonconforming Structures and Uses: In accordance with the provisions of this Chapter, it is hereby declared to be the intent of the Village to eliminate nonconforming uses and structures. (2) Authority To Continue Nonconforming Lots, Structures and Uses: Any nonconforming lot, structure or use which was nonconforming at the time of the adoption of this Chapter and which remains nonconforming and any lot, structure or use which shall become nonconforming upon the adoption of this Chapter or of any subsequent amendments 99 73 thereto, may be continued subject to the regulations which follow. (3) Continued Status of Nonconformity: Nonconforming status rests with the property, not with the subject owner and shall run with the land. Such status is not affected by changes in ownership, lessees, or management. Notwithstanding anything to the contrary in this Subsection, any such nonconforming use will be operated and maintained in accordance with the provisions of this Section and all applicable provisions of this Chapter. (4) Maintenance and Repair of Nonconforming Lots and Structures: Nonconforming lots and structures carry the same obligations and requirements for safe upkeep as conforming lots and structures. Incidental repairs and normal maintenance necessary to keep a nonconformity in compliance with Village building and property maintenance codes are permitted unless otherwise expressly prohibited in this Chapter. Normal maintenance and incidental repair or replacement of fencing, nonbearing walls and partitions, fixtures, wiring, plumbing, parking areas, landscaping and mechanical equipment may be performed on any nonconforming lot or structure. Nothing in this Chapter shall be deemed to prevent the strengthening or restoration of an unsafe structure in accordance with any order of a public official charged with protecting public safety, and who finds such structure is unsafe in its then present condition, and that repair or restoration is not in violation of the provisions of this Chapter governing the restoration of partially damaged or destroyed structures. (5) Previous Nonconforming Lots, Structures and Uses: Any nonconforming lot, structure or use which existed prior to the effective date of this Article which is made lawful and conforming as a result of the provisions of this Chapter shall be considered as conforming. (D) Discontinuation and Abandonment (1) Discontinuation of Use. If a nonconforming use is discontinued for a period of twelve (12) consecutive months, it shall not be reestablished, and any subsequent use shall conform to the requirements of this Chapter. (2) Abandonment of Structure. If a nonconforming structure is abandoned or becomes vacant for a period of twelve (12) consecutive months, it shall not thereafter be used or occupied except in conformance with this Chapter. (E) Regulations for Nonconforming Lots: A nonconforming lot is one that was lawfully created in accordance with lot area, lot width and lot depth regulations in effect at the time of the lot's establishment but does not comply with currently applicable lot area, width or depth regulations. (1) A nonconforming lot may be used for any use permitted in the zoning district in which it is located, provided that all other applicable requirements of this Ordinance are met. (2) Lot Consolidation of Nonconforming Lots: When two (2) or more contiguous nonconforming lots are held in common ownership, and a request for any permit or zoning relief regarding improvement to either property is required by the Village, the lots must be consolidated in order to meet or come closer to meeting applicable minimum lot area, width and depth requirements. (3) Accessory Uses: No new accessory use may be added to: (a) any nonconforming lot or (b) any conforming lot with a nonconforming principal structure. (F) Regulations for Nonconforming Structures: A nonconforming structure is any structure that was lawfully established but no longer complies with applicable lot and building regulations or 100 74 other dimensional or locational requirements of this Chapter. (1) A nonconforming structure may be continued and maintained, but shall not be enlarged, altered, or reconstructed except in compliance with the provisions of this Chapter. (2) Removal and Replacement: (a) In keeping with the requirements of Section 153.03 (C) (7) (c), a generator in a nonconforming location may be replaced with another generator in the same location. (b) In keeping with the requirements of Section 153.03 (C) (6) (h), an air conditioning unit in a nonconforming location may be replaced with another generator in the same location. (c) In keeping with the requirements of Section 153.03 (F) (3) a non conforming fence may be replaced with a comparable fence. (3) Relocation: No nonconforming structure shall be moved in whole or in part to any other location on the same or any other lot unless every portion of said structure is made to conform to all of the regulations of the district in which it is to be relocated. (4) Restoration: In the event a nonconforming structure is destroyed or damaged by fire or other casualty or act of God, such building may be restored only if the cost of reconstruction to its condition prior to the casualty does not exceed fifty percent (50%) of the replacement cost of the entire structure - as determined in accordance with Code. Such restoration or reconstruction shall be started within one year from the date of the casualty destruction and completed within eighteen (18) months from the date of the casualty. The Zoning Administrator may grant up to one (1) 6-month extension upon finding evidence provided by the property owner that the need for an extension is beyond their control. (5) Accessory Uses: No new accessory use may be added to: (a) any nonconforming lot or (b) any conforming lot with a nonconforming principle structure. (G) Regulations for Nonconforming Uses: A nonconforming use of land or a structure shall not be changed to any use other than a use permitted in the zoning district in which the use is located. When a nonconforming use of land or a structure has been changed to any permitted use, it shall not be changed back to a nonconforming use. For purposes of this section, a use shall be deemed to have been changed when an existing nonconforming use is been terminated and a conforming use shall have commenced. (1) Expansion of Use: A nonconforming use may not be expanded or extended beyond the area the use occupied at the time the use became nonconforming. (2) Damage or Destruction: In the event that any structure that is devoted in whole or in part to a nonconforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of the cost of replacement of the structure new - as determined in accordance with this Code - such structure shall not be restored unless it and the use it contains conform to all regulations of the zoning district in which it is located. When such damage or destruction is fifty percent (50%) or less of the cost of replacement new, no repairs or restoration shall be made unless a zoning certificate is obtained in accordance with Chapter and restoration is begun within one year after the date of the partial destruction, and is diligently pursued to completion. (3) Relocation: No nonconforming use of land or structure shall be moved in whole or in part of any distance whatsoever, to another location on the same lot or any other lot, unless such use shall thereafter conform to all regulations of the zoning district in which it is located after so moved. 101 75 153.09 ADMINISTRATION AND ENFORCEMENT (A) Administration: This Zoning Ordinance is administered by the following, as identified in this Chapter and elsewhere in the Kenilworth Village Code. The Village bodies and their roles in Village of Kenilworth entitlement processes are summarized in Table 9.1. (1) Zoning Administrator (2) Zoning Board of Appeals (ZBA) (3) Architectural Review Commission (ARC) (4) Plan Commission (PC) (5) Village Board Table 9.1 MATTER HEARING BODY HEARING BODY ROLE FINAL ACTION BY: APPEAL Appeal ZBA Decision ZBA NA Variation ZBA Decision ZBA NA Variation – with Special Use PC Recommendation Village Board NA Variation – Signs ARC Decision ARC Village Board Special Use PC Recommendation Village Board NA Map/Text Amendments PC Recommendation Village Board NA Planned Unit Development PC Recommendation Village Board NA Certificate of Appropriateness ARC Decision ARC Village Board Certificate of Appropriateness – with Special Use ARC Recommendation Village Board NA (B) Office of the Zoning Administrator: (1) The Zoning Administrator shall be the Village Manger of the Village of Kenilworth. (2) Duties of the Zoning Administrator. The Zoning Administrator, or their designee, shall administer and enforce this Chapter and be authorized to: (a) Receive and process applications for Certificates of Zoning Compliance as required by this Chapter, and to maintain records thereof. (b) Review and process requests for Certificates of Occupancy upon the completion of a structure or when there is a change of land use. (c) Conduct inspections of buildings, structures, and/or the uses of land to determine compliance with this Chapter. (d) Notify, in writing, the owner and/or persons responsible for a property at which any violation to this Title is identified and specify necessary corrective action to bring that property into compliance. (e) To hear, consider and make final determination on matters dealing with the granting of Administrative Variations as specified in this Chapter. (f) To hear, consider and make final determination on matters dealing with the granting of Certificates or appropriateness for Signs and Minor Improvements as specified in 102 76 this Chapter, or refer such applications the Architectural Review Commission as deemed necessary for detailed consideration and approval. (g) Provide interpretations regarding the meaning and applicability of regulations in this Chapter and maintain a record of those interpretations. (h) Receive, process, and forward to the Zoning Board of Appeals, Architectural Review Commission, or Plan Commission, as applicable, all applications for matters pertinent to this Chapter. As needed, the Zoning Administrator shall provide facts and information needed by these bodies to make findings and on the matters before them. (i) Initiate, direct, and review, from time-to-time, a study of the provisions of this Chapter and make recommendations to the Village Board. (j) Decide or make recommendations on all matters upon which the Zoning Administrator is required to act. (k) Maintain an accurate official zoning map of the Village, and prepare and have available such map in physical and electronic form on or before March 31 of each year. (l) Prepare and have available the current and compiled text of this Chapter, including all amendments to it since it was previously compiled. (C) Zoning Board of Appeals. Provisions governing the establishment and membership of the Zoning Board of Appeals are contained in Chapter 33 of the Village Code. (1) Authority. The Zoning Board of Appeals shall have the following jurisdiction and powers: (a) Appeals. To hear and decide appeals to a determination made by the Zoning Administrator, as authorized by this chapter. (b) Variations. To hear and decide applications seeking approval of Variations. (c) To take all actions assigned by the Village Board. (2) Procedures: (a) All meetings of the Zoning Board of Appeals shall be held on dates as determined by the Zoning Board of Appeals. Additional meetings may be held as required and upon proper notice. (b) All hearings conducted by the Zoning Board of Appeals shall be open to the public. (c) The Chairperson, or in their absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. (d) Voting. The concurring vote of four (4) members of the Zoning Board of Appeals shall be necessary to act on any matter. (e) Rules of Procedure. The Zoning Board of Appeals may adopt its own rules of procedure not in conflict with the statutes or ordinances. (f) Appeals from Actions of the Zoning Board of Appeals. Any person(s) directly impacted by any decision of the Zoning Board of Appeals may seek review by a court of record of the decision, in the manner provided by State statute. (g) Fees. All fees for petitions to the Zoning Board of Appeals shall be as defined in the Village’s Annual Fee Schedule. (D) Architectural Review Commission. Provisions governing the establishment and membership of the Architectural Review Commission are contained in Chapter 33 of the Village Code. (1) Authority. The Architectural Review Commission shall have the following jurisdiction and powers: (a) Certificates of Appropriateness. To hear and decide on applications on the issuance of Certificates of Appropriateness, as required by this Chapter. 103 77 (b) Signs. To review applications for permanent signs requiring a Variation per the sign code or those that are part of a Special Use. (c) To review applications for permanent signs or Certificates of Appropriateness referred for approval by the Zoning Administrator. (d) To take all actions assigned by the Village Board. (2) Procedures. (a) All meetings of the Architectural Review Commission shall be held on dates as determined by the Architectural Review Commission. Additional meetings may be held as required and upon proper notice. (b) All hearings conducted by the Architectural Review Commission shall be open to the public. (c) The Chairperson, or in their absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. (d) Voting. The concurring vote of the majority of Architectural Review Commission members in attendance at the hearing shall be necessary to approve any matter before the Architectural Review Commission. (e) Rules of Procedure. The Architectural Review Commission may adopt its own rules of procedure not in conflict with the statutes or ordinances. (f) Fees. All fees for petitions to the Architectural Review Commission shall be as defined in the Village’s Annual Fee Schedule. (E) Plan Commission. Provisions governing the establishment and membership of the Plan Commission are contained in Chapter 33 of the Village Code. (1) Authority. The Plan Commission shall have the following jurisdiction and powers: (a) To recommend from time to time such changes in the Comprehensive Plan or any part thereof, as may be deemed necessary. (b) Map Amendments. To hear, consider and recommend applications seeking approval of a Map Amendment to the Village Board. (c) Text Amendments. To hear, consider and recommend applications seeking approval of a Text Amendment to the Village Board. (d) Special Uses. To hear, consider, and recommend applications seeking approval of a Special Use to the Village Board. (e) Variations: To hear, consider, and recommend applications seeking approval of Variations associated with a Special Use to the Village Board. (f) Planned Unit Developments. To hear, consider and recommend applications seeking approval of a Planned Unit Development in the form of a Special Use to the Village Board. (g) To consult on matters of development applications, or, as directed by the Village Board, affecting the appearance of the Village. (h) To take all actions assigned by the Village Board. (i) To take all actions authorized by this Code. (2) Procedures. (a) All meetings of the Plan Commission shall be held on dates as determined by the Plan Commission. Additional meetings may be held as required and upon proper notice. (b) All hearings conducted by the Plan Commission shall be open to the public. (c) The Chairperson, or in their absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. (d) Voting. The concurring vote of the majority of Plan Commission members in attendance at the hearing shall be necessary to approve any matter before the Plan 104 78 Commission. (e) Rules of Procedure. The Plan Commission may adopt its own rules of procedure not in conflict with the statutes or ordinances. (f) Fees. All fees for petitions to the Plan Commission shall be as defined in the Village’s Annual Fee Schedule. (F) Village Board. (1) Authority. The Village Board shall have the following jurisdiction and powers in connection with this Chapter: (a) Consider and take final action on applications for Special Uses. (b) Consider and take final action on applications for Planned Unit Development. (c) Consider and take final action on applications for Map Amendments. (d) Consider and take final action on applications for Text Amendments. (e) Consider and take final action on applications for a Certificate of Appropriateness associated with an application for a Special Use. (f) Consider and take final action on applications for a Variation associated with an application for a Special Use. (g) To hear and decide appeals by applicants to determinations of the Architectural Review Commission on Certificates of Appropriateness. (h) To take other actions authorized by law. (2) Procedures: All final decisions of the determinations of the Village Board under this Code will be made in a regular or special meeting conducted in keeping with the requirements of the Village Code and Illinois State Statues. (G) Public Hearing Notice. Public notice shall be provided for hearings required under this Chapter in keeping with following: (1) Timeframe. When the provisions of this Chapter require a Public Hearing, the Zoning Administrator shall, upon receipt of a fully complete application, assign the matter a hearing date. Such hearing shall be set no later than sixty (60) days following the submission of a fully complete application, unless the applicable Public Hearing body for that date is fully committed, as determined by the Zoning Administrator. An application shall be considered “fully complete” only when all materials identified in this Chapter, other relevant Village documents, and other pertinent data indicated as necessary by the Zoning Administrator have been provided. An application shall be considered complete only if the submitted material is deemed by the Zoning Administrator as sufficiently thorough to provide the information needed by the Village to support making an informed determination on the requested matter. (2) Notice by mail. The Applicant shall give notice of the Public Hearing, in writing, by either first class mail, or hand delivery, to the owners of all property owners within two hundred and fifty feet (250’), including streets and rights-of-way, of the property that is the subject of the application. Such notice shall be completed not less than fifteen (15) days nor more than thirty (30) days in advance of the hearing date. Supplemental or additional notices may be required by the Zoning Administrator and may include, but not be limited to, all taxing jurisdictions that serve the property. Proof of written notice shall be provided by the Applicant in the form of an affidavit certifying mailing or hand delivery, in a format approved by the Village Attorney and shall be presented to the hearing body prior to the Public Hearing. 105 79 (a) Mailed notices addressed to the name and address on the most recent County real estate tax records shall satisfy this notice requirement. (b) The required mail notice for applications under this chapter shall contain, at a minimum, the following information: 1. The street address, legal description or detailed location description of the property, if any, that is the subject of the application; 2. A statement describing the relief requested; 3. The name and address of the applicant; 4. The name and address of the legal owner, and beneficial owner if any, of the property; and 5. The meeting date, time and location. 6. The Property Index Number (PIN) associated with the property. (3) Notice by newspaper publication. The Zoning Administrator shall have published a notice of the Public Hearing not more than thirty (30) and not less than fifteen (15) days before the date for the hearing, in a newspaper of general circulation in the Village. (4) Notice by Sign. The Zoning Administrator will provide and have placed on the subject property a sign providing notice of the Public Hearing containing information regarding the date, time and place of the Public Hearing. The sign shall be placed on the property a minimum of fifteen (15) days prior to the Public Hearing and shall remain until after a final determination on the matter is made by the Village Board, or the Zoning Board of Appeals in the case of a Variation, after which the sign shall be removed. (H) Public Hearing Procedures. The following provisions shall apply to Public Hearings heard before the Zoning Board of Appeals, Architectural Review Commission, or the Plan Commission, as required by this Chapter. (1) All hearings shall be open to the public. (2) All testimony shall be given under oath. (3) Any interested person may appear and testify at a Public Hearing, either in person or by a duly authorized agent, and may submit documentary evidence; provided, however, that the Zoning Board of Appeals, Architectural Review Commission, or Plan Commission, as applicable, may exclude immaterial or unduly repetitious evidence. (4) Procedures defined by the Zoning Board of Appeals, Architectural Review Commission, or Plan Commission, as applicable, may be applied to address processes including, without limitation: testimony, cross examination, continuation of the hearing, and the order of testimony. (5) A record shall be prepared for each Public Hearing for presentation to the Village Board in regard to matters that it hears for final determination. (6) All applications for a public hearing shall provide the following Minimum Data Requirements. (a) The owner’s name and contact information the owner’s signed consent to the filing of the application. (b) The applicant’s name and contact information, if different than the owner, and their interest in the subject property. (c) The names and contact information of all professional consultants, if any, advising the applicant with respect to the application; (d) The address and legal description of the subject property (e) Proof of control or ownership, in the case of site-specific applications. (f) A description and/or graphic representation of the existing conditions of the property and the proposal for which approval is sought, including but not limited to: 106 80 1. The existing zoning classification 2. Current use and development of the subject property 3. Current use and development on adjacent properties. 4. Detail of the proposal, with emphasis on those matters likely to be impacted by the approval being sought. (g) The Zoning Administrator shall have the authority to require additional materials as may be needed to inform the decision to be made on the matter, or to waive any of the minimum information requirements. (7) Concurrent applications. Where a proposed use or development requires more than one approval pursuant to this Chapter, applications for all approvals may be filed concurrently, in a process to be specified by the Zoning Administrator in accordance with this Chapter. (I) Certificate of Zoning Compliance (1) Purpose. Implementation of Village plans, policies and ordinances related to the built environment depends, in part, on compliance with the Village development regulations. This includes, but is not limited to, ensuring that land uses are located appropriately per the Village Zoning Map, that parking and loading standards are met, and that zoning bulk standards are met. To support this objective, the Certificate of Zoning Compliance process ensures that property owners making improvements do so in a manner that is in keeping with Village regulations and do not adversely impact neighboring properties or the community at large. This process allows for consideration of such matters prior to commencement of construction and seeks to prevent owners from inadvertently undertaking construction that is contrary to the standards of this Chapter. (2) Authority. The Zoning Administrator shall determine whether an application for Certification of Zoning Compliance conforms with the regulations of this Chapter. (3) Procedure. (a) A building permit application (or Certificate of Completion) shall be deemed to include a request for Certificate of Zoning Compliance by the owner or their designee that the proposed use will conform to the standards of this Chapter. (b) Where no building permit is required, an application for a Certificate of Zoning Compliance for a new use of land shall be made directly to the Zoning Administrator. (c) A Certificate of Zoning Compliance, in the form of a building permit if one is required, shall be issued by the Zoning Administrator upon confirmation that the subject property, including the lot and all structures and improvements thereon, conforms to applicable ordinances. (d) Upon receipt of a complete application, the Zoning Administrator shall conduct a review of relevant zoning standards and advise the applicant as to reasons for refusing to issue the certificate, need for additional information, or reasons for any delay. The Zoning Administrator shall issue or deny the application: 1. Within twenty-one (21) days for applications which require a building permit; and 2. Within fourteen (14) days for applications which do not require a building permit. (e) Certificates of Zoning Compliance shall be issued upon verification that plans comply with all Village of Kenilworth codes, and will be valid as long as the use for which the certificate is issued and the information provided to obtain the same remains accurate and complete. The Village may terminate the issued certificate if the use made of the premises does not conform with the initial certification or Village Code. (f) Violations. 1. Certificates of Zoning Compliance are issued based on the plans and applications approved by the Zoning Administrator. A certificate authorizes only the use, 107 81 arrangement and construction set forth in the approved plans and applications. Any use, arrangement or construction at variation with that authorized shall be deemed a violation of this Chapter. 2. Failure to obtain a Certificate of Zoning Compliance in connection with any renewal, extension or change of a nonconforming structure or use shall be deemed a violation of this Chapter. (g) Fees. All fees for permit applications shall be as defined in the Annual Fee Schedule of the Village of Kenilworth as adopted. (J) Certificate of Completion (1) Purpose. For the purposes of this Chapter, the Certificate of Completion provides a procedure for the inspection of completed premises to ensure their compliance with this Chapter and approved plans prior to commencement of the use or occupancy of such premises. The Certificate shall only be issued if all relevant provisions of the Village Code have been met. (2) Authority. The Zoning Administrator will have authority to issue Certificates of Occupancy Completion or Temporary Certificates of Completion provided that no such certificate will be issued except in accordance with the provisions of this Chapter and the other relevant provisions of the Village Code. (3) Procedure. (a) Application: Once all requirements related to a requested zoning approval, building permit, or other such regulations as may be required per the Village Code have been met, the property owner (or applicant authorized by the owner) shall submit a written request for a Certificate of Completion. (b) Action on Application: Within fourteen (14) days following the receipt of a completed request for the Certificate of Completion, the Zoning Administrator will cause the subject structure or property to be inspected and will determine if all Village Code requirements have been met and a Certificate of Completion may be issued. If all requirements have not been met, the property owner (or applicant authorized by the owner) shall be provided a list of deficiencies required to be resolved prior to submitting a subsequent request for Certificate of Completion. (c) Temporary Certificate of Completion: Temporary Certificates of Completion may be issued in keeping with the requirements of Chapter 150 Building Code of the Village of Kenilworth’s Code of Ordinances and shall be in a form approved by the Village Attorney. (d) Certificates Issued in Error: Any Certificate of Completion issued in violation of the provisions of this Chapter, whether intentionally, negligently, or inadvertently, will be void. (K) Certificate of Appropriateness. (1) Purpose. The Certificate of Appropriateness is intended to protect the public health, safety, welfare and compatibility of surrounding neighborhoods and the whole community by defining and preserving the design character of Kenilworth’s built environment, and applying that standard where necessary in the Village. (2) Improvements Requiring a Certificate of Appropriateness. A Certificate of Appropriateness shall be required for consideration by the Village in the following circumstances: (a) New construction and alterations or repairs of existing buildings as specified in Section 153.06 (B): Design Guidelines regarding the B District, and Section153.06 (F): Appearance Plans, for any non residential building or structure in a residential 108 82 zoning district. (b) The construction or alteration of any building or structure that is subject to a Special Use. (c) The construction, installation, enlargement, alteration, or repair of any permanent sign, as may be directed to the Architectural Review Commission by the Zoning Administrator. (3) Authority. (a) Zoning Administrator. The Zoning Administrator shall make a determination as to whether a Certificate of Appropriateness is required under the conditions specified in subsection (2) above and based on the intent of the Village of Kenilworth Design Guidelines (Section153.06). (b) Architectural Review Commission. The Architectural Review Commission shall determine whether to grant a Certificates of Appropriateness under the conditions specified in subsection (2) above upon finding the application to be in keeping with the standards contained in the Village of Kenilworth Design Guidelines (Section 153.06). (c) Village Board. The Village Board may grant a Certificates of Appropriateness in connection with an appeal to a determination by the Architectural Review Commission or as part of an application for a Special Use. (4) Standards for Approval of a Certificate of Appropriateness. Applications for Certificate of Appropriateness shall be evaluated against the Village of Kenilworth Design Guidelines in Section 153.106 of this Chapter, (5) Procedures Applicable to All Certificates of Appropriateness. (a) All applications for a Certificate of Appropriateness shall be filed with the Zoning Administrator, in a format approved by the Village Attorney. (b) Applications for a Certificate of Appropriateness shall not be considered for approval until all required materials are provided as required by the Zoning Administrator. (c) Successive applications. If a Certificate of Appropriateness application is denied, a similar application will not be heard by the Village for a period of one (1) year. (d) Withdrawal of Application. An applicant may withdraw an application at any time prior to a final determination on the matter. Any refiling shall be considered a new filing and subject to the procedures and fees of this Chapter. Application fees are not refundable. (e) Materials to be Submitted. Every application submitted pursuant to a Certificate of Appropriateness request shall contain the information specified in this subsection. The Zoning Administrator shall have the authority to waive any of these minimum submittal requirements or may request additional information upon finding that such is necessary to consider the Certificate of Appropriateness. 1. The Minimum Data Requirements per Section 153.09 (H) (6). 2. Statement of Intent. A narrative identifying how the project meets the criteria of the Kenilworth Design Guidelines —Business District or the relevant Appearance Plan, as applicable, and explanation the design rationale. 3. Current color photographs of the existing façade(s) of the subject property and properties adjacent to the subject property and the date the photographs were taken. 4. Existing Conditions Plans and Drawings. Scaled plans and elevations illustrating existing conditions of the subject property. These shall include dimensions of all windows and doors, materials and glazing patterns, exterior details, lighting millwork and the aggregate size of any awnings and signs, as applicable. 5. Proposed Conditions Plans and Drawings. Scaled drawings and elevations illustrating all proposed conditions of the subject property. These shall include dimensions of all windows and doors, materials and glazing patterns, exterior details, 109 83 lighting, millwork, and the aggregate size of all awnings and signs, as applicable. Any proposed special conditions shall be indicated, including position and scale of any proposed signs and awnings in relation to adjacent signs, buildings and structures. 6. Elevations depicting rooflines and materials of adjacent structures. 7. Signs. i. Information, drawings, specifications, samples, or other materials regarding the design and size, color and placement on the building of a proposed sign or sign structure for all proposed signs. Such materials should also convey structural details including but not limited to methods of construction and attachment to the building or ground. ii. Details regarding source, type and level of illumination of for all signs. The level of illumination must be measured in foot candles. 8. Parking Lot Plan including location and dimensions of each parking space. 9. Parking lot lighting plan. 10. Landscape Plan. Landscape plans shall include the proposed species of vegetation and size at the time of planting, tree removal plan, and existing or proposed hardscapes (if applicable). 11. Material Samples. Samples of exterior materials, including manufacturer cut sheets and/or product samples of roof materials, wall materials, window/door products, storefront glazing, light fixtures, sign materials, and local addresses of buildings using such materials, as applicable. (f) Public Hearing by the Architectural Review Commission. The Architectural Review Commission shall hold a Public Hearing on applications for a Certificate of Appropriateness no later than forty-five (45) days after receiving a completed application from the Zoning Administrator. Notice for the Public Hearing shall be issued in the manner provided in this Chapter. 1. Action by Architectural Review Commission. Within 30 days of the close of the Public Hearing, the Commission shall make findings of fact in support of its decision to grant or deny a Certificate of Appropriateness in accordance with the applicable standards, as defined in this chapter. The Architectural Review Commission shall make its decision by issuing, issuing with conditions, or denying the Certificate of Appropriateness. 2. Effect of decision. The decision of the Architectural Review Commission on an application for a Certificate of Appropriateness will be the final decision of the Village. In the event of denial of a Certificate of Appropriateness, the applicant shall have the right to appeal the decision to the Village Board, through a hearing held at a regular meeting of the Village Board. 3. Failure to Act: The failure of the Architectural Review Commission to act within 120 days following receipt of a completed application for Certificate of Appropriateness, or such further time to which the applicant may agree, will be deemed to be a decision denying approval of the Certificate of Appropriateness. (g) Certificate of Appropriateness with Special Use. When an application for a Certificate of Appropriateness is considered as part of a Special Use or Planned Unit Development application, the request for a Certificate of Appropriateness shall be heard by the Architectural Review Commission subsequent to the Plan Commission public hearing for the Special Use or Planned Unit Development, and the matters then heard concurrently by the Village Board. (h) Amendments to an Approved Certificate of Appropriateness 1. Minor Amendments 110 84 i. Minor changes defined. Minor changes shall include changes in specified materials or structural components due to product discontinuance, unavailability or in the event of extenuating and/or unforeseen circumstances. ii. Procedure for minor changes. A proposed minor change to a Certificate of Appropriateness may be considered by the Zoning Administrator and approved upon finding the proposed change is of equal aesthetic character and presents no change in quality of materials. 2. Major Amendments. i. Major changes defined. All changes other than minor changes. ii. Procedure for major changes. A proposed major change to a Certificate of Appropriateness shall require a new application, and follow the procedures for approval established in this section. (i) Limitations on Certificates of Appropriateness. 1. Scope of Approval. A Certificate of Appropriateness is deemed to authorize only the particular building, structure or sign at the specific location for which it was issued and shall automatically expire if such building, structure or sign is removed or relocated. 2. Duration. No Certificate of Appropriateness shall be effective for a period longer than 12 months unless a building permit is obtained and the construction, alteration or repair of the building, structure or sign for which the Certificate of Appropriateness was issued has commenced and is being diligently pursued to completion. 3. Extension. The Zoning Administrator may, after written request of the applicant, extend the time limit for six (6) months upon finding that such extension is due to circumstances outside the applicant’s control and would cause them undue hardship. (j) Fees. All fees for Certificates of appropriateness applications shall be as defined in the Annual Fee Schedule of the Village of Kenilworth as adopted. (L) Appeals (1) Purpose. This appeal process is provided to mitigate against arbitrary or erroneous applications of this Chapter by the Zoning Administrator and to avoid the need for litigation in resolving such actions. However, the Zoning Board of Appeals and Village Board will give proper deference to the determination of the Zoning Administrator and those charged with applying the standards and intent of this Chapter. (2) Authority. Appeals to determinations of the Zoning Administrator shall be heard by the Zoning Board of Appeals in a manner described in this Chapter. (3) Parties Entitled to Appeal. An appeal may be taken from a decision of the Zoning Administrator in regard to this Chapter by any person directly impacted by said decision. (4) Procedures. All applications for relief under this subchapter shall be filed with the Zoning Administrator. (a) All applications shall be in a format approved by the Village Attorney. (b) An application for appeal must be submitted to the Zoning Administrator within 35 days of the determination being appealed. (c) A hearing before the Zoning Board of Appeals shall be held within 45 days of receipt of a complete application for appeal. (d) Stay of Proceedings. An Appeal shall stay all proceedings in furtherance of the decision appealed from, unless the Zoning Administrator that such a stay will cause imminent peril to life or property. 111 85 (e) Materials to be Submitted. Every application submitted pursuant to an Appeal shall contain the following information. The Zoning Administrator may waive any of the submittal requirements or require additional information as may be necessary to evaluate the Appeal. 1. The Minimum Data Requirements per Section 153.09 (H) (6). 2. The specific decision from which an appeal is sought, including reelevate code citation; 3. The facts of the specific situation giving rise to the original decision and to the appeal therefrom; 4. The precise relief sought; and 5. A statement of the applicant’s position as to alleged errors in the decision being appealed and as to why the relief sought is justified and proper. (f) Complete Applications. Only complete applications, as determined by the Zoning Administrator, will be scheduled for a hearing. Late filing of submittal materials, or any required additional materials, may be considered cause to delay a requested or scheduled hearing date. (g) Public Hearing. Any person may appear and testify at the hearing, either in person, in writing or by duly authorized agent. (h) Action by Zoning Board of Appeals. The Zoning Board of Appeals shall hold a hearing regarding the Appeal and give written notice of its determination to the interested parties no less than 15 days after conclusion of the hearing. (i) Effect of decision. The decision of the Zoning Board of Appeals on an application for an appeal will be the final decision of the Village. (j) Failure to Act: The failure of the Zoning Board of Appeals to act within 60 days following receipt of a completed application for an Appeal, or such further time to which the applicant may agree, will be deemed to be a decision denying approval of the Appeal. (5) Maintenance of records. The Zoning Administrator shall maintain complete records of all actions of the Board relative to appeals and shall cause the Village Board to be kept informed on a current basis of the disposition of each appeal. (6) Fees. All fees for petitions to appeal shall be as defined in the Village’s Annual Fee Schedule. (M) Variations (1) Purpose. Where strict application of the regulations of this Chapter and the unique conditions of a property cause practical difficulties or a particular hardship to constructing or altering buildings or structures, it may be appropriate for the Village to grant relief from said regulations. The purpose of granting such relief is to alleviate some demonstrable hardship or difficulty that interferes with reasonable use of the property, and not merely an inconvenience to the applicant. Variations are not intended to be used as temporary measures or to permit a use of land not otherwise authorized. (2) Authority. (a) The Zoning Board of Appeals may grant Authorized Variations based on the standards outlined in Subsection (5) below. (b) The Plan Commission may heard and recommend to the Village Board regarding Authorized Variations in conjunction with a request for approval of a Special Use based on the standards outlined in Subsection (5) below. (3) Authorized Variations. Variations from the terms of this Chapter may be granted except that the Village shall not vary the provisions of this Chapter concerning permitted uses, special uses, nonconforming uses, or administration and enforcement, except as 112 86 specifically provided in Section 153.10 (C) (2) (Planned Developments) of this Chapter. (4) Procedures. All applications for relief under this Section shall be filed with the Zoning Administrator. (a) All applications shall be in a format approved by the Village Attorney. (b) Complete Applications. Only complete applications, as determined by the Zoning Administrator, will be scheduled for a Public Hearing. Late filing of submittal materials, or any required additional materials, may be considered cause to delay a requested or scheduled hearing date. (c) Successive applications. If a Variation application is denied, a similar application for relief may not be brought before the village for a period of one (1) year. (d) Concurrent applications. An application for Variation may be filed concurrently with other required applications, in a process to be specified by the Zoning Administrator in accordance with this Chapter. (e) Withdrawal of Application. An applicant may withdraw an application at any time prior to a final determination on the matter. Any refiling shall be considered a new filing and subject to the procedures and fees of this Chapter. Application fees are not refundable. (f) Materials to be Submitted. Every application submitted for a Variation shall contain the following information. The Zoning Administrator may waive any of the submittal requirements or require additional information as may be necessary to evaluate the Variation. The reviewing board or commission shall have the right to request additional information as needed to evaluate compliance with relevant standards. 1. The Minimum Data Requirements per Section 153.09 (H) (6). 2. Survey. A survey, certified by a registered land surveyor, showing existing lot lines and dimensions as well as lot area, all easements, all public and private rights-of- way and all streets across and adjacent to the subject property. 3. Plans or Drawings. A graphic representation of the property and structure(s) for which approval is sought, provided in scope and detail appropriate to the subject matter of the application, with special emphasis on those matters likely to be affected or impacted by the approval. Such plans shall indicate relevant dimensions and may include but not be limited to site plans, building elevations, and building interior designs to convey the use and development of the subject property. 4. A Written Statement which describes the following information: i. The specific feature(s) of the proposed use, construction or development that require a Variation. ii. The specific regulations(s) of this Chapter from which a Variation is sought. iii. The characteristics of the subject property prevent compliance with the specified regulation(s) of this Chapter. iv. Response to Variation Standards. How the Variation sought would satisfy the standards set forth in Section 153.02(M) (5) Standards for Variations in All Zoning Districts. (g) Public Hearing. Within 60 days of receipt of a complete application, the Zoning Board of Appeals shall hold a Public Hearing on the Variation request. Any person may appear and testify at the hearing, either in person, in writing or by duly authorized agent. (h) Failure to Act: The failure of the Zoning Board of Appeals to act within 90 days following receipt of a completed application for a Variation, or such further time to which the applicant may agree, will be deemed to be a decision denying approval of the Variation. 113 87 (i) Appeal. In the event of denial of a variation, the applicant shall have the right to appeal the decision in the Circuit Court of Cook County in the manner provided by law. (5) Standards for Variations in All Zoning Districts, The Zoning Board of Appeals shall not grant a Variation from any of the regulations of this Chapter, unless it shall make a finding of fact, based upon the evidence presented to it in a particular case, that: (a) The plight of the owner is due to unique circumstances. (b) The Variation, if granted, will not alter the essential character of the locality. (c) In the case of property used for business purposes, the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations applicable to the district in which it is located. (d) The physical surroundings, shape or topographical condition of the property in question results in practical difficulty or particular hardship upon the applicant for the Variation, as distinguished from a mere inconvenience, if the strict letter of the regulation were enforced. (e) The alleged difficulty or hardship has not been created by any person presently having an interest in the property. (f) The Variation will not impair an adequate supply of light and air to adjacent properties. (g) The proposed Variation will not be materially detrimental to the public safety and welfare or be injurious to other property or improvements in the neighborhood. (h) The proposed Variation is the minimum zoning relief that will make possible the reasonable use of the land, building, or structure. (i) The need for the Variation to allow the owner or occupant of the property to make reasonable use of a structure, the design of which otherwise fails to conform to generally accepted or prevailing standards of the Village for the use and enjoyment of a structure as a residence. (6) Conditions on Variations. The Zoning Board of Appeals may impose, or the Plan Commission, as applicable, may recommend to the Village Board conditions and restrictions (such as landscaping, screening or other improvements or limitations) upon the premises benefitted by the Variation as may be necessary to comply with the Standards for Variations in All Zoning Districts. (7) Limitations on Variations. (a) Approval of a Variation does not grant any rights related to the subject property other than those specified in the ordinance approving the Variation. All other Village processes and approvals for development must be met including, without limitation, building permits, subdivision approval, authorization of occupancy, and authorization of zoning. (b) Variations granted under this Chapter run with the property for which they are granted. (c) No Variation shall be valid for a period longer than twelve (12) months from the date of such decision unless: 1. A Certificate of Completion is obtained and a use commenced; 2. An application for a Certificate of Zoning Compliance is obtained within such period and construction, moving, remodeling, or reconstruction has been substantially initiated; or 3. The Zoning Administrator grants an extension of time for which the Variation is valid upon evidence provided by the applicant that the additional time required is based on a condition beyond their immediate control and that work can be completed within one hundred eighty (180) days. No more than two such extensions may be granted. (8) Administrative Variations 114 88 (a) Authority: Variations from the regulations of this Chapter may be granted by the Zoning Administrator in accordance with the requirements of this Subsection. (b) Applications. Applications for Administrative Variations shall be filed with the Zoning Administrator in a format approved by the Village Attorney. (c) Procedure: For Administrative Variations governed by this subsection 8, a Public Hearing is not required. 1. Notification by mail. Written notice shall be by first class mail or hand delivery to all property owners within 250 feet, excluding right of way. 2. The notice shall include the street address or common description of the property involved, the Property Index Number (PIN), and a description of the Variation requested. 3. The applicant shall provide the Zoning Administrator with an affidavit certifying the date on which the notice was hand delivered and/or mailed. 4. A signature line shall be provided on the notice and those property owners to whom notice was sent may communicate to the Zoning Administrator, by signing and returning the notice, to indicate their support regarding the proposed Variation. 5. Should the Zoning Administrator receive a written objection to the requested Variation from a noticed property owner or others, the Variation shall be heard by the Zoning Board of Appeals in keeping with the procedures outlined for Variations in this chapter. (d) Authorized Administrative Variations. The Zoning Administrator may hear and decide petitions requesting the following relief: 1. Variations from the maximum required floor area, building coverage or impervious coverage requirements contained in this Chapter; provided, the granted relief shall be limited to a Variation of no more than one percent (1%) above the maximum. 2. Variations from the front yard, side yard, or rear yard setback requirements contained in this Chapter; provided, the granted relief shall be limited to a Variation of no more than five percent (5%) from the required distance. (e) Administrative Decisions. 1. An application for Administrative Variation shall be considered approved upon determination by the Zoning Administrator the standards for Administrative Variations have been met, provided that the Zoning Administrator: i. has not received any objections within ten (15) business days of the date the applicant’s affidavit certifies notice was hand delivered or mailed; ii. the applicant does not object/disagree with any condition of approval imposed by the Zoning Administrator. 2. The applicant shall be notified in writing of the approval or denial of the request for Administrative Variation. 3. An application for Administrative Variation denied by the Zoning Adm