ARTICLE VIII

SPECIAL DISTRICTS

PART I: OPEN SPACE DISTRICT

8-101 PURPOSE

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8-102 PERMITTED USES

The following uses and no others are permit­ted as of right in the Open Space District:

A. Publicly owned parks, playgrounds, forest preserves, botan­ical and zoological gardens, arboreta, conservato­ries, recreational areas, and other open areas.

B. Public or private golf courses, including associated struc­tures such as club houses, maintenance buildings, and pro shops.

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8-103 ACCESSORY USES AND STRUCTURES

Accessory uses and structures, including outdoor storage, are permit­ted in the Open Space District subject to the provisions of Section 9-101 of this Code.

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8-104 TEMPORARY USES

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8-105 SPECIAL USES

The following uses and no others may be permitted in the Open Space Dis­trict subject to the issuance of a special use permit as provided in Section 14-401 of this Code. In interpreting the use designations, reference should be made to the Standard Industrial Classifica­tion Manual (see Appendix A) and Section 14-301 of this Code. SIC codes are given in parentheses following each use listing, when available.

A. Band Shells and Amphitheaters.

B. Libraries and Information Centers (823).

C. Museums and Art Galleries (841).

D. Public Sports and Recreation Buildings and Facilities.

E. Membership Sports and Recreation Clubs.

F. Commercial facilities incidental to the operation of public recreational uses.

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8-106 PARKING AND LOADING REQUIREMENTS

Off-street parking and loading requirements applicable in the Open Space District are set forth in Sections 10-101 and 10-102 of this Code.

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8-107 SIGN REGULATIONS

Sign regulations applicable in the Open Space District are set forth in Article XI of this Code.

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-108 BUFFERS, LANDSCAPING, AND FENCES

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8-109 BULK, YARD, AND SPACE REQUIREMENTS

The building height, lot, yard, and floor area ratio requirements applicable in the Open Space District are set forth in the following table. Foot­note references appear in Subsection E of this Section at the end of the table.

A. Maximum Height (feet) (1)(2) 35

B. Minimum Lot Area and Dimensions (3)

1. Total Lot Area (square feet)

(a) Passive Recreation Areas N/A

(b) Neighborhood Playgrounds N/A

(c) Museums and Art Galleries 7,500

(d) All Other Uses 15,000

2. Lot Width (feet)

(a) Passive Recreation Areas 50

(b) Neighborhood Playgrounds 50

(c) Museums and Art Galleries 50

(d) All Other Uses 100

C. Minimum Yards (4)(5)(6)(7)(8)

1. Front and Corner Side (feet)

(a) Passive Recreation Areas 15

(b) Neighborhood Playgrounds 15

(c) Libraries and Information Centers 15

(d) Museums and Art Galleries 15

(e) All Other Uses 35

2. All Other (feet) (9)

(a) Passive Recreation Areas N/A

(b) Neighborhood Playgrounds 5

(c) Libraries and Information Centers 5

(d) Museums and Art Galleries 5

(d) All Other Uses 20

D. Maximum Floor Area Ratio (10)

1. All Permitted Uses .10

2. Special Uses

(a) Libraries and Information Centers .45

(b) Museums and Art Galleries .45

(c) All Other .25

E. Exceptions and Explanatory Notes

1. Height Limitation for Accessory Structures. No accessory structure shall exceed 15 feet in height measured from grade; provided, however, that flag­poles may extend to a height of 10 feet above the highest point of the roof of the principal structure and the height of any antenna with a surface area in excess of 10 square feet shall be governed by Subsection 9-101C of this Code.

2. Increased Height in Areas Remote from Single Family Dis­tricts. Maximum height may be increased one additional foot, up to a maximum of 20 additional feet, for every five feet by which the setback of the portion of the building in question from the nearest single family residen­tial district exceeds 20 feet.

3. Nonconforming Lots. See Section 12-105 of this Code for lot requirements with respect to noncon­forming lots of record.

4. Yard Requirements for Uses Without Structures. On any lot occupied by a use without structures, the minimum front, side, and rear yard requirements that would otherwise be required for such lot shall be provided and maintained.

5. Visibility Across Corners. Notwithstanding any other provision of this Code to the contrary, nothing shall be erected, placed, planted, allowed to grow, or maintained on any corner lot in the Open Space District in violation of the standards established in Chapter 154 of the LaGrange Municipal Code.

6. Special Setbacks for Signs. Special setbacks estab­lished for some signs in Article XI of this Code shall control over the yards and setbacks estab­lished in the table.

7. Special Yard and Setback Requirements for Recrea­tional Devices. Recreational devices and play fields shall be set back a distance of 15 feet from all property lines. No recreational devices shall be permitted in the required front and corner side yard.

8. Platted Building Lines. See Subsection 15-101F of this Code.

9. Special Yards for Parking Areas and Lots. Parking areas and lots may be located in any required rear yard.

10. No Application of Floor Area Ratio Limitation to Existing Structures. The maximum floor area ratio limitation applies only to structures erected after the effective date of this Code; provided, however, that no structures existing on such effective date shall be expanded in violation of this standard.

PART II: INSTITUTIONAL BUILDINGS DISTRICT

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8-201 PURPOSE

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8-202 PERMITTED USES

The following uses and no others are permitted as of right in the Institutional Buildings District:

A. Publicly owned parks, playgrounds, forest preserves, botanical and zoological gardens, arboreta, conservatories, recreational areas, and other open spaces.

B. Any governmental activity or service conduct­ed within a building owned or leased by a public body.

C. Any use listed in Section 8-205 to the extent it existed on the effective date of this Code; provided, however, that any change of such use or any lot or struc­ture associated with it after such effective date shall comply with the regulations of this Part II, except as provided in Article XII of this Code.

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8-203 ACCESSORY USES AND STRUCTURES

Accessory uses and structures are permitted in the Institutional Buildings District subject to the provi­sions of Section 9-101 of this Code.

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8-204 TEMPORARY USES

Temporary uses are permitted in the Institutional Buildings District subject to the provisions of Section 9-103 of this Code.

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8-205 SPECIAL USES

The following private uses may be permitted in the Institutional Buildings District subject to the issu­ance of a special use permit as provided in Section 14-401 of this Code. In interpreting the use designa­tions, reference should be made to the Standard Indus­trial Classification Manual (see Appendix A) and Section 14-301 of this Code. SIC codes are given in parentheses following each use listing, when available.

A. Offices of Health Practitioners (801-804)

B. Nursing and Personal Care Facilities (805)

C. Hospitals (806)

D. Medical and Dental Laboratories (807)

E. Outpatient Care Facilities (808)

F. Health and Allied Services not otherwise listed (809)

G. Elementary and Secondary Schools (8211).

H. Colleges, Universities, and Professional Schools (8221).

I. Libraries and Information Centers (823).

J. Individual and Family Services (832).

K. Child Day Care Services, including tutoring for children (835).

L. Residential Care (836).

M. Museums and Art Galleries (841).

N. Business Associations (861).

O. Professional Membership Organizations (862).

P. Civic, Social, and Fraternal Associations (864).

Q. Religious Organizations (866).

R. Memorial Gardens accessory to a church.

S. Publicly owned or operated parking lots or structures.

T. Publicly owned or operated open storage and maintenance yards.

U. The following Retail Trade Uses, but only when located in a building in which at least 80 percent of the net floor area is devoted to Health Services uses authorized by this Section 8-205:

1. Eating Places (5812)

2. Drug Stores and Proprietary Stores (591)

3. Book Stores (5942)

4. Stationery Stores (5943)

5. Gift, Novelty, and Souvenir Shops (5947)

6. Florists (5992)

7. Cigar Stores and Stands (5993)

8. News Dealers and Newsstands (5994)

9. Beauty Shops (723)

10. Barber Shops (724)

V. Personal Wireless Services Antennas and Related Electronic Equipment and Equipment Structures, but only when the antenna is fully enclosed, or when the antenna is limited to an omnidirectional or whip antenna or a directional or panel antenna located on the roof of a lawfully pre-existing building that will serve as an antenna support structure, and when all electronic equipment is fully enclosed in a structure otherwise permitted on the zoning lot, and subject to the following standards:

a. Notwithstanding the provisions of Section 8-209A of this Code, omnidirectional or whip antennas may extend to a height not exceeding 10 feet above the highest point of the roof of the building or structure to which they are attached; and

b. Notwithstanding the provisions of Section 8-209A of this Code, directional or panel antennas may extend not more than 6 feet from the roof of the building or structure to which they are attached.

c. Personal wireless services antennas shall be required to maintain all yard or setback standards of the IB District.

d. See Section 9-106 of this Code for additional standards applicable to personal wireless services antennas and antenna support structures.

e. Notwithstanding any other provision of this Code, the regulations in the IB District related to personal wireless service antennas and antenna support structures shall not apply to the Village in constructing, operating, or maintaining such an antenna or antenna support structure for governmental purposes.

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8-206 PARKING AND LOADING REQUIREMENTS

The parking and loading requirements applicable in the Institutional Buildings District are set forth in Sections 10-101 and 10-102 of this Code.

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8-207 SIGN REGULATIONS

Sign Regulations applicable in the Institutional Buildings District are set forth in Article XI of this Code.

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8-208 BUFFERS, LANDSCAPING, AND FENCES

8-209 BULK, YARD, AND SPACE REQUIREMENTS

The building height, lot, yard, setback, and floor area ratio requirements applicable in the Institutional Buildings District are set forth in the following table. Footnote references appear in Subsection E of this Section at the end of the table.

A. Maximum Height (feet) (1)(2)(3)(4) 45

B. Minimum Lot Area and Dimensions (1)(5)(6)

1. Total Lot Area (square feet)

(a) Elementary Schools 40,000

(b) Secondary Schools 80,000

(c) Colleges and Universities 80,000

(d) Libraries and Information Centers 20,000

(e) Museums and Art Galleries 7,500

(f) Membership Organizations 20,000

(g) Other Public Buildings and Yards 15,000

2. Lot Width (feet) 100

C. Minimum Yards and Setbacks (1)(7)(8)(9)(10)(11)

1. Front and Corner Side (feet) 15

2. All Other (feet) (12) 5

3. Setback from any Single

Family Residential District (feet) (13) 35

D. Maximum Floor Area Ratio (1)(13)

1. Libraries and Information Centers 0.75

2. Museums and Art Galleries 1.00

3. Membership Organizations 0.75

Nursing and Personal Care Facilities 0.50

5. All Other Uses 0.45

E. Exceptions and Explanatory Notes

1. Exception for Residential Structures. When any residen­tial structure is located in an IB District, it shall be subject to the bulk, space, yard, and floor area ratio regulations of the residential district to which it is nearest adjacent.

2. Height Limitation for Accessory Structures. Except as provided in Paragraph 3 of this Subsection E, no accessory structure shall exceed 15 feet in height measured from grade; provided, however, that flag­poles may extend to a height of 10 feet above the highest point of the roof of the principal structure and the height of any antenna with a surface area in excess of 10 square feet shall be governed by Subsection 9-101C of this Code.

3. Height Exceptions. Church spires and minarets may extend to a height of 84 feet, and publicly owned antennas and antenna support struc­tures may extend to such height as the Village Manager may approve as necessary to carry out the public function in question.

4. Increased Height in Areas Remote from Single Family Dis­tricts. Maximum height may be increased one additional foot, up to a maximum of 10 additional feet, for every five feet by which the setback of the portion of the building in question from the nearest single family residen­tial district exceeds 25 feet.

5. No Application of Minimum Lot Standards to Existing Uses. The minimum lot area and width requirements apply only to uses established after the effective date of this Code. A use established prior to the effective date of this Code shall not be considered to be a nonconformity by reason of its failure to comply with these require­ments, but shall be allowed to continue on its existing zoning lot or any expansion thereof zoned or rezoned for institutional build­ings use.

6. Nonconforming Lots. See Subsection 12-105C of this Code for lot requirements with respect to noncon­forming lots of record.

7. Yard Requirements for Uses Without Structures. On any lot occupied by a use without structures, the minimum front, side, and rear yard requirements that would otherwise be required for such lot shall be provided and maintained.

8. Visibility Across Corners. Notwithstanding any other provision of this Code to the contrary, nothing shall be erected, placed, planted, allowed to grow, or maintained on any corner lot in the Institutional Buildings District in violation of the standards established in Chapter 154 of the La Grange Municipal Code.

9. Special Setbacks for Signs. Special setbacks estab­lished for some signs in Article XI of this Code shall control over the yard and setback require­ments established in the table.

10. Platted Building Lines. See Subsection 15-101F of this Code.

11. Side and Rear Yard Regulations for Accessory Struc­tures and Uses. Parking areas wherever located and other detached accessory structures and uses when located within the rear 20 percent of the lot shall not be required to maintain in interior side or rear yard or setback in excess of eight feet; provided, however, that this regulation shall not apply to antennas and antenna support structures and pro­vided further, however, that no accessory structure or use, or combination of such structures or uses, located within an otherwise required side or rear yard pursuant to this Para­graph shall occupy more than 30 percent of such required yard.

12. Special Rear Yard Exception for Parking Areas and Lots. Parking areas and lots may be located in any required rear yard.

13. No Application of Special Setback and Floor Area Ratio Requirements to Existing Structures. The special setback and floor area ratio requirements apply only to structures erected after the effective date of this Code; provided, however, that no structure existing on such effective date shall be expanded in violation of this regulation.

PART III: DESIGN REVIEW OVERLAY DISTRICT

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8-301 PURPOSES

The regulations of the Design Review Overlay District are intended to promote the historic, architectural, and residential qualities of the Village and thereby preserve the distinctive character of the Village, to foster compatibility among uses, and to protect sensitive areas of transition from one land use to another. Various areas of the Village, such as the area around and the downtown busi­ness dis­trict among others, have special historical, cultural, and design significance. These areas contain historic or unique sites deserving protection. Many areas also serve a sensitive transitional function from one land use to another that must be protected from incompatible development or redevelopment. The preser­vation and appropriate develop­ment of these areas require rules and regulations specifical­ly addressing these distinc­tive charac­teristics. The Design Review District has been created and shall be mapped on the Zoning Map in furtherance of the following public purposes, which are hereby found to be in the interest of the health, prosperity, and welfare of the Village and its residents:

A. Special Character. To effect and accomplish the protec­tion, enhancement, perpetua­tion, and use of improvements and areas of special character or special historic and aesthetic interest or value which repre­sent or reflect elements of the Village's cultural, social, economic, political, and architectural history or distinction.

B. Local Atmosphere. To maintain the local, "small town" atmosphere of various residential and business areas within the Village.

C. Compatibility. To insure compatibility of new develop­ment with the existing characteristics of the area.

D. Transitional Areas. To protect sensitive areas of transition from one land use to another.

E. Attractiveness. To protect and enhance the Village's attractive­ness to visitors and the support and stimulus to local business provided there­by.

F. Strong Economy. To strengthen the economy of the Village.

G. Education, Pleasure, and Welfare. To promote the use of areas within the Design Review District for the educa­tion, plea­sure, and welfare of the residents of the Village.

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8-302 OVERLAY DISTRICT

The Design Review District appears on the Zoning Map as an "overlay district," imposed on top of other dis­tricts created by this Code and referred to in this Part III as "base districts." Development of properties in the Design Review District must comply both with the regulations of the Design Review District and with the regulations of the base district in which they are located. When there is any con­flict between the Design Review District and the base district, the more restrictive provision shall control.

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8-303 MAPPING RESTRICTIONS

The Design Review District shall be mapped on the Zoning Map only in those areas of the Village that constitute logically distinct areas having the potential to provide cultural and civic benefits for the residents of the Village by reason of the prevalence of at least two of the following factors:

A. Historical Interest. The presence of special historical interest relating to local, state, or national history.

B. Special Character. The presence of special character or aes­thetic interest or value caused by the development pattern of the area or by natural conditions or vegeta­tive, landscaping, or topographical features of the area.

C. Historic Architectural Style. The presence of one or more periods or styles of architecture typical of one or more eras in the history of the Village of LaGrange that gives the area a distinct character.

D. Local Architectural Value. The concentration of indige­nous examples of local architecture that have not been significantly altered from their original design and that have a uniform scale and derive special value from the repetition of scale and form.

E. Distinguished Buildings or Structures. The presence of one or more distinguished buildings or structures of high architectural quality and historic interest.

F. Transitional Areas. A location in a sensitive transi­tional area between varied land uses requiring careful control of develop­ment, redevelopment, and remodeling, tailored to the special character of the area, to preserve and enhance the transitional function served by existing structures and uses.

G. Economic Development Areas. An area that has the potential for significant economic development beneficial to the Village or that is adjacent to an area with such potential, and which potential is sensitive to considerations of the character and design of development, redevelopment, or remodeling in the area.

The Design Review District shall be mapped on the Zoning Map only pursuant to Article XIV, Part VI of this Code.

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8-304 DEVELOPMENT PLAN REQUIRED

Notwithstanding the provisions of Article XIV, Part VI of this Code, the Design Review District shall be mapped only after preparation by the Board of Trustees of a written and graphic plan for the area proposed to be included in the district address­ing the above-listed factors and describing the purposes and intentions of the Board of Trustees in mapping the district. Such a written and graphic plan shall be attached to, incorporated into, and approved as part of any ordinance granting approval of an application to map a Design Review District.

The requirement of this Section shall not apply to the area of the Village commonly known as the Central Business District and previously mapped in the Village's Tax Increment Financing District (the "Down­town Design Review District"). The Downtown Design Review District is being mapped as of the effective date of this Code, for the following purposes:

A. Economic Development. The district is a principal factor in the Village's economic well-being and has the potential for signifi­cant economic development beneficial to the Village.

B. Transitional Function. The district serves a sensitive and important transitional function between an area of commercial use and development and other noncommercial development.

C. Structure Integrity. Special care is required to maintain the quality and integrity of existing structures.

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8-305 DESIGN REVIEW PERMIT REQUIRED

Unless a Design Review Permit shall have first been obtained pursuant to Section 14-403 of this Code, no person shall perform, cause, or permit any construction, alteration, remodeling, removal, movement, or demolition of any building, structure, other improve­ment on premises, or landscaping that is located within the Design Review District for which a building, grading, or other permit is required (except for sign permits) from the Village and that affects the exterior appearance of the building, structure, or property, and no person shall secure or issue a permit author­izing any such work. No person shall maintain any property located within the Design Review District on which any such work has been performed in the absence of, or in violation of the terms of, a Design Review Permit. Repair of fire, storm, or other catastrophic damage with the same material and configura­tion as existed prior to the fire does not require a Design Review Permit.