§ 9-7-3. O-3 Office and Research Tollway.

A.

Legislative Intent. The purpose of the O-3 Office and Research Tollway District is to provide areas within which the development of office buildings, research and development facilities and hotels are encouraged and, with respect to areas located near manufacturing and industrial properties, to provide areas within which flex-tech uses, office buildings, research and development facilities, light manufacturing, hotels, restaurants, and the sale of goods and services are encouraged. The district sets aside tollway accessible parcels of land and, with respect to certain land uses, land located near manufacturing and industrial properties, where architecturally coordinated buildings can be constructed in a park-like atmosphere. Activities within the O-3 District shall be limited to assure that the high quality of the environment shall be maintained within the district and surrounding residential districts and, as applicable, manufacturing and industrial properties which may abut. Except with respect to certain areas located near manufacturing and industrial properties, production of products primarily for sale or for use in production elsewhere shall not be permitted.

B.

Permitted Uses.

1.

Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the O-3 Office and Research Tollway District under the conditions specified. No building or lot shall be devoted to any use other than a use permitted hereunder, with the exception of the following:

a.

Uses lawfully established on the effective date of this Code; and

b.

Special uses allowed in accordance with the provisions of Section 9-3-7-C.

2.

The following uses are permitted in the O-3 Office and Research Tollway District:

a.

All of the permitted uses in the O-2 Office District.

b.

Hotels or motels including auxiliary uses on-sites of not less than five acres.

c.

Laboratories, offices and other facilities for research and development, excluding animal research, for full investigation of the merits of a product, including commercial viability. No product shall be produced on the premises primarily for sale either directly or indirectly, except such products which, by their character, require production within a research and development environment.

d.

Medical research facilities.

e.

Personnel training centers including dormitory facilities.

f.

Accessory uses, including but not limited to the following:

(1)

Antennas and communication towers.

(2)

Architectural or landscaping embellishments, such as fountains, bridges and patios.

(3)

Auxiliary retail or other incidental uses as appropriate and customarily associated with a principal use, including, but not limited to, retail stores and services, restaurants (excepting drive-in and drive-through restaurants), banks, laundry facilities, barber shops and beauty shops and shoe repair shops. These uses shall be incidental to and provide service for the principal use or for the convenience of guests and employees only. These uses shall be wholly within the building and there shall be no exterior display of the auxiliary function.

(4)

Health clubs.

(5)

Operations required to maintain or support any use permitted in paragraphs (a) through (f) above, on the same tract as the permitted use provided the structures or structural features are consistent and compatible with the permitted use such as maintenance shops, power plants, storage buildings, etc.

(6)

Public utility installations and public service uses to include requirements for the furnishing of electricity, gas, oil, telephone and television services.

(7)

Storage of building materials (during course of construction only).

(8)

Temporary buildings for construction purposes only in accordance with the provisions of Section 9-3-10.

(9)

Parking garages.

3.

In addition to the uses set forth in Section B-2 above, the following uses are permitted on properties within the O-3 Office and Research Tollway District that are located within 1,750 feet of property that is zoned in the M-1 or M-2 Manufacturing Districts under this Code on or after July 7, 2008 (hereinafter referred to as "Manufacturing-Oriented Properties"):

a.

Flex-tech uses, consisting of a combination of any two or more of the following: office, showroom, warehouse, sales room, call center, technical support facility, light manufacturing of materials, goods or products (including assembly, servicing, fabricating, cleaning, processing, repair and product enhancement), research and development, and technical school, training or university.

b.

Hotels or motels.

c.

Restaurants.

C.

Special Uses. Special uses as hereinafter enumerated, may be allowed in the O-3 Office and Research Tollway District, subject to the issuance of a special use permit in accordance with the provisions of Section 9-1-18. The following special uses may be allowed in the O-3 Office and Research Tollway District.

1.

A helistop or helipad, but not a heliport.

2.

Hospitals.

3.

Nursery schools and day care centers.

4.

Pilot plants in which processes planned for use in the production elsewhere can be tested to the extent reasonably necessary for full investigation of the merits of a product or process, including commercial viability and including the production of prototype products when limited to the scale reasonably necessary, based on standards of trade associated with the particular type of development. No product shall be produced on the premises in a pilot plant that is primarily for sale either directly or indirectly except with respect to such products which, by their character, require production within a research and development environment.

5.

Public utility and public service uses.

6.

Laboratories, offices and other facilities for research and development (including animal research), for full investigation of the merits of a produce, including commercial viability. No product shall be produced on the premises primarily for sale either directly or indirectly, except such products which, by their character, require production within a research and development environment.

7.

All other occupations not heretofore cited in Sections 9-7-3-B (Permitted Uses in O-3) or 9-7-3-C.

8.

Financial institutions, where the use occupies a freestanding building or more than 50 percent of the floor area of a multi-tenant building. In addition to the special use standards in Section 9-1-18-I, it shall be demonstrated that the use will not have a detrimental effect on the mix of retail and non-retail uses in the immediate area, and that the building can be adapted for a different use in the future.

D.

Area Regulations.

1.

Minimum Development Area. In order for a parcel to be classified as an O-3 Office and Research Tollway District, the parcel shall contain an area of 30 acres or more, under single ownership and/or control at the time of classification.

2.

Lot Area. The minimum lot area shall be five acres for every lot upon which any building is to be erected, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe a lower minimum lot area.

3.

Lot Width. The minimum lot width shall be 300 feet measured at the building line; provided, however, that the minimum lot width for restaurants and daycare centers located on Manufacturing-Oriented Properties shall be 200 feet.

4.

Special Yard Area Requirements. The Village Board shall, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front, side and rear yard setbacks from major internal and external roadways for all special uses and properties for which the Village Board approves a maximum height for any structure exceeding 45 feet pursuant to Section 9-7-3-F or a maximum overall floor area ratio exceeding 0.50 pursuant to Section 9-7-3-D-8. Minimum yard setbacks adjacent to the Northwest Tollway (I-90) shall be 100 feet measured from the Northwest Tollway (I-90) right-of-way, but not including entrance and exit ramps. Minimum yard setbacks adjacent to the Northwest Tollway (I-90) entrance and exit ramps shall be 50 feet measured from the entrance and exit ramp right-of-way. No structures or accessory parking shall be permitted in any such yards. Access roads and drives shall be permitted in such yards.

5.

Front Yard. The minimum zoning lot front yard setback for buildings erected within the O-3 District shall be 50 feet; however, the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum front yard setback for any properties for which the Village Board approves a maximum height for any structure in excess of 45 feet and/or a floor area ratio in excess of 0.50. The Village Board shall, at the time of classification of the property or at the time of consideration of a site plan, prescribe minimum front yard setbacks for all special uses and all Manufacturing-Oriented Properties. The zoning lot front yard area within 25 feet of the property line shall be landscaped and shall not be used for parking, except that up to ten parking spaces may be permitted for the purpose of short term or guest parking. Access roads and drives shall be permitted in any such yard. Any yard between a building to be erected within this district and an adjoining public right-of-way shall be treated as a front yard for purposes of establishing setback requirements for that yard.

6.

Side Yard. The minimum zoning lot side yard setback for each side of a building erected within the O-3 District shall be 25 feet; however, the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum side yard setback for properties for which the Village Board approves a maximum height for any structure in excess of 45 feet and/or a floor area ratio in excess of 0.50. The Village Board shall, at the time of classification of the property or at the time of consideration of a site plan, prescribe minimum side yard setbacks for all special uses and all Manufacturing-Oriented Properties. No structures or accessory parking shall be located in any such yard. Access roads and drives shall be permitted in any such yard.

7.

Rear yard. The minimum zoning lot rear yard setback for buildings erected within the district shall be 25 feet; however, the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe the minimum rear yard setback for properties for which the Village board approves a maximum height for any structure in excess of 45 feet and/or a floor area ratio in excess of 0.50. The Village Board shall, at the time of classification of the property or at the time of consideration of a site plan, prescribe minimum rear yard setbacks for all special uses and all Manufacturing-Oriented Properties. No structures or accessory parking shall be located in any such yard. Access roads and drives shall be permitted.

8.

Floor Area Ratio. Except as provided in this Subsection 8 with respect to certain uses on Manufacturing-Oriented Properties, the maximum overall floor area ratio for a property classified in the O-3 Office and Research Tollway District shall be 0.50, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe a greater floor area ratio which shall not exceed 1.00.

E.

Outside Storage Regulations. Outside storage of any materials, supplies or products shall not be permitted.

F.

Height Regulations. The maximum height for any building or structure located on a property classified in the O-3 Office and Research Tollway District shall be 45 feet, except that the Village Board may, at the time of classification of the property or at the time of consideration of a site plan, prescribe for the entire property or zones within a property a greater maximum height which shall not exceed 210 feet. The maximum height for antennas and communication towers shall be in accordance with Section 9-3-9.

G.

Off-Street Parking Regulations. Adequate provision shall be made in all cases for off-street parking and off-street loading in accordance with the provisions of Section 9-3-2.

H.

General Requirements and Performance Standards. This district is subject to the exclusions, conditions, stipulations and requirements set forth in Section 9-3-11. For additional requirements and regulations pertaining to the O-3 District, see Article 3 (Section 9-3, General Requirements and Procedures Applicable Within Various Districts).

(Ord. No. 4238-2011, § 4(Exh. B), 5-2-11)