§ 46-314. Permitted uses.

No structure or part thereof shall be erected, altered, or used, and no land shall be used except for one or more of the following:

(1)

Residential uses permitted :

a.

Single-family detached dwellings;

b.

Two-family dwellings;

c.

Townhouses;

d.

Apartment buildings;

e.

Condominiums;

f.

State licensed residential facilities;

g.

Any combination of the permitted uses in this subsection.

h.

Family shelter, subject to the requirements of article VI—Special Land Uses.

(2)

Nonresidential uses permitted. Nonresidential uses of a religious, educational, commercial, or recreational character to the extent that they are designed and intended for use by the residents of the R-PUD. The burden shall be on the applicant to show that nonresidential uses are intended to serve principally the residents of the R-PUD. Nonresidential permitted uses shall be allowed only to the extent that the planning commission finds them to be designed to serve primarily the residents of the R-PUD, and compatibly and harmoniously incorporated into the unitary design of the R-PUD. Buildings designed and intended to be used, in part or wholly, for nonresidential uses shall be constructed according to the following:

a.

If the R-PUD contains from one to 50 dwelling units, 75 percent of said dwelling units must be physically constructed prior to any nonresidential use construction.

b.

If the R-PUD contains 50 or more dwelling units, 50 percent of said dwelling units shall be physically constructed prior to any nonresidential use construction. In no case shall the number of physically constructed dwelling units under this standard be less than 38 prior to the nonresidential use construction.

c.

The only nonresidential uses permitted within a R-PUD are:

1.

Commissary for the retail sale of books, stationary, foodstuffs typically consumed on a daily basis, nonprescription pharmacy products, and related sundry goods;

2.

Barbershops and beauty shops;

3.

Laundromats;

4.

Schools, public or private;

5.

Churches;

6.

Public parks, forest preserves, and noncommercial recreational areas;

7.

Golf courses;

8.

Real estate office only in conjunction with a new R-PUD, limited to selling or renting units in such development; and

9.

Temporary buildings associated with on-site construction activities for a period not to extend beyond the completion date of such construction. Placement of a temporary building shall only be made after issuance of necessary building permits for the associated construction activity.

(3)

Nonresidential uses review and placement standards. A special use provision to permit nonresidential uses within this district may be granted by the planning commission only after application has been made and reviewed in accordance with procedures established by this chapter. Approval of nonresidential uses shall require demonstration of compliance with the following standards:

a.

The R-PUD is of a scale to reasonably support the proposed nonresidential use.

b.

The need for the use has been adequately demonstrated through applicable marketing studies or other appropriate research.

c.

Nonresidential uses convenient for the users of the R-PUD or the immediate neighborhood and provided that such uses are planned so as to ensure that they shall not materially alter or negatively impact the existing character of adjacent residential neighborhoods, and shall be integrated by design as an accessory element of the R-PUD.

d.

Except as provided in this subsection, all nonresidential uses allowed in the R-PUD, inclusive of those uses stated in subsection (2)c of this section, shall occupy no more than ten percent of the R-PUD net project area, nor shall nonresidential buildings occupy more than ten percent of the total ground floor area of all residential buildings in the project. The exceptions to the restriction stated in this subsection are recreational uses of primarily open space character, such as forest preserves and golf courses, which may occupy a net project area greater than ten percent.

e.

Adequate provision has been made to accommodate the systems and facilities and services identified under section 46-316(e).

f.

Compliance with other applicable requirements of this chapter.

g.

Accessory uses. Uses which are customarily accessory and incidental to permitted principal uses.

(Prior Code, § 5.36; Ord. No. 941, 6-16-1980; Ord. No. 95-17, 7-17-1995; Ord. No. 2017-05, § 5, 4-17-2017)