Chapter 16-30
TOD OVERLAY DISTRICT

Sections:

16-30-010    Purpose.

16-30-020    Permitted uses.

16-30-030    Permitted accessory uses.

16-30-040    Permitted special uses.

16-30-050    Site and structure requirements—Parking.

16-30-010 Purpose.

A.    The purpose of the transit oriented development (TOD) overlay district1 is to protect and promote a higher concentration of mixed-use development within close proximity to the downtown Harvey Metra station and Pace Transportation Center. A strong mixed-use development will have ground floor retail with residential and/or office space above. The retail and services will offer shopping opportunities for residents and users of transit. The uses in the transit overlay district will encourage pedestrian activity.

B.    Five (5) primary objectives to the overlay district are:

1.    Encourage a mix of moderate and high density development within walking distance of the Metra station and Pace Transportation Center to increase transit ridership.

2.    Create a pedestrian friendly environment that encourages walking, biking and transit use.

3.    Encourage a mix of retail, office and residential uses.

4.    Create a neighborhood identity that promotes pedestrian activity, human interactions, safety and livability.

5.    Provide a range of housing options for people of different income levels and at different stages of life.

C.    Overview. The TOD overlay district is based on the study area boundary outlined in the Harvey Station area plan, which was approved by city council in 2005 (see Figure A-1 Existing Zoning for reference). The TOD overlay district varies, though, in that it does not include the area east of the railroad tracks along Park Avenue or the area north of the CN/CSX railroad tracks. The TOD overlay district consists of those areas shown on (Map TOD Overlay District) on file with the city of Harvey planning department.

The TOD overlay district includes the following underlying zoning districts: downtown business district, neighborhood commercial, two dwelling unit, multi-dwelling unit, single dwelling unit, and medical institutional. The underlying zoning code will remain the same but will be subject to the standards outlined in this TOD overlay district. (Ord. 3202 (part), 2008)

16-30-020 Permitted uses.

The following uses are permitted in the TOD overlay district:

A.    All uses permitted in the underlying zoning district by right or under prescribed conditions are permitted with the exception that the following uses are not allowed in the TOD overlay district:

1.    Automobile or truck washing facilities.

2.    Vehicle sales.

3.    Outdoor storage of any type, occupying more than one (1) acre.

4.    Tire recapping and retreading.

5.    Auto parts accessory sales.

6.    Motor vehicle service stations.

7.    Gasoline sales.

B.    The following uses, which are not permitted in some of the underlying districts, shall be permitted:

1.    Residential uses, subject to the standards of this overlay district.

2.    Office/general business uses. (Ord. 3202 (part), 2008)

16-30-030 Permitted accessory uses.

Accessory uses and structures clearly incidental and related to the principal use or structure on the lot are allowed, with the following exception:

A.    Drive-through service lanes are only permitted if allowed in the underlying zoning district. Drive-through windows shall only be located on the same site as the principal use, and shall be located to the rear of the principal use, to minimize visibility along public rights-of-way. Freestanding drive-through lanes are prohibited. Principal uses with drive-through service windows shall meet the following requirement:

1.    For professional business and general office uses, no more than four (4) drive-through service lanes shall be permitted per individual use. (Ord. 3202 (part), 2008)

16-30-040 Permitted special uses.

A.    All permitted special uses within the TOD overlay district will adhere to the specifications of the TOD overlay district.

B.    All special uses permitted in the underlying zoning district by right or under prescribed conditions are permitted, with the exception of those uses noted as being not allowed in the permitted use section. (Ord. 3202 (part), 2008)

16-30-050 Site and structure requirements—Parking.

A.    Residential Parking.

1.    Within the TOD overlay district, for the R-1 single dwelling unit zoning area, there is a minimum of one (1) vehicle per household unit and a maximum of three (3) vehicles. For the R-2 two dwelling unit zoning area, there is a minimum of one (1) vehicle per household unit and a maximum of two (2) vehicles. For the R-M multi-dwelling unit, the neighborhood commercial and the downtown business district zoning areas, there is a minimum of one (1) vehicle per household unit, and a maximum of one and one-half (1.5) vehicles.

B.    Commercial Parking.

1.    Parking for the DB downtown business zoning area shall be provided at not more than three (3) vehicles per one thousand (1,000) square feet (gross) and not less than one (1) vehicle per five hundred (500) square feet (gross) for uses covering less than one thousand (1,000) square feet. For the NC neighborhood commercial zoning area, parking shall be provided at not more than four (4) vehicles per one thousand (1,000) square feet (gross) and not less than two (2) vehicles per five hundred (500) square feet (gross) for uses covering less than one thousand (1,000) square feet.

2.    Reduction or an increase in the number of required parking spaces may be permitted by a special use permit granted by the planning and zoning commission.

3.    As an incentive to develop a mixed-use development in the neighborhood commercial district, an additional parking space will be permitted for every two thousand (2,000) square feet (gross) of commercial, retail and/or office space and an additional parking space will also be permitted for every three (3) residential units.

4.    Shared parking is strongly encouraged. On lots serving more than one (1) use, the total number of spaces required may be reduced; provided, that the applicant submits credible evidence to the satisfaction of the planning and zoning commission that the peak parking demands of the uses do not coincide, and that the accumulated parking demand at any one (1) time shall not exceed the total capacity of the facility.

5.    Where feasible, ingress and egress from parking shall be from side streets or alleys.

6.    Surface parking lots must be to the rear of buildings, and shall not exceed one (1) acre in size. Surface lots are prohibited in front of businesses.

7.    Surface parking lots with more than thirty (30) spaces shall be divided into separate areas by landscaped areas of at least ten (10) feet in width. No row of parking shall be more than ten (10) spaces wide without being interrupted by a landscaped area. Landscaping can consist of trees, turf and low ground cover. Landscaped areas should consist of low maintenance, salt tolerant plants and trees that can withstand the climate of northeastern Illinois and site microclimates. If surface parking lots are only visible from the alley the landscaped area can be reduced to maximize the number of available parking spaces, as approved by the director of planning.

8.    Surface lots shall be screened along all sidewalks by a landscaped buffer of not less than six (6) feet, or three (3) foot walls or fencing compatible with the adjacent architecture.

9.    Pedestrian walkways and connections to the sidewalk system must accompany surface parking lots.

10.    On-street parking is permitted and encouraged.

11.    Bicycle racks shall be provided on site at a ratio of two (2) spaces for every twenty (20) automobile parking spaces or portion thereof.

12.    For mixed-use developments, each use should follow its respective parking requirements. (Ord. 3202 (part), 2008)


1

Transit oriented development (TOD) is a planning concept rooted in maintaining (or newly creating) the traditional elements of mixed-use areas that developed historically around public transit. A successful TOD includes a vibrant mix of commercial, public and residential uses at varying densities developed around transit stations, providing easy access and a variety of needed goods and services for nearby residents and commuters alike. Source: Harvey Station Area Plan, November 2005.