This subchapter establishes lot and structure requirements, design standards and use limitations for specific, potentially troublesome structures and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special use permit; but, if more stringent regulations are applicable in any particular district, such regulations shall prevail.

(1960 Code, § 60-7-1)

   (A)   The movie screen of every drive-in theater shall be located at least 100 feet from all street right-of-way lines and all lot lines, and at least 500 feet from the boundary of any residential district. The projection surface of the movie screen shall not be visible from any major traffic street.

   (B)   Speakers shall be limited to the type designed to be heard by the occupants of one car only.

   (C)   Entrances and exits shall connect only to major traffic streets and shall not be located closer than 100 feet to any intersection of public streets.

   (D)   Stacking (waiting) area for at least 25 automobiles shall be provided near the main entrance to prevent traffic tie-ups on adjacent streets.

(1960 Code, § 60-7-2) Penalty, see § 162.999

   (A)   No barbed wire or electrically-charged fence below eight feet in height shall be erected or maintained anywhere in the city.

   (B)   No fence, wall or other obstruction shall be erected within any public right-of-way, except by written permission of the Zoning Administrator.

   (C)   No fence, wall or other obstruction shall be erected in violation of the Illinois Drainage Code, (70 ILCS 605/2-1).

   (D)   Every fence, wall or other obstruction shall conform to the special height restrictions applicable in areas near intersections. (See § 162.033 of this chapter.)

   (E)   Whenever the rear property line of any “C-2”, “C-3”, “C-4”, “C-5”, “D-1” and “D-2” (commercial or industrial) use abuts a residentially zoned district, a six-foot high privacy fence along the abutting property shall be required.

   (F)   Notwithstanding any provision in this section, no fence in the city shall be more than six feet in height. In the event that one wishes to erect a fence greater than six feet in height, such person shall present an application for a variance with the city.

(1960 Code, § 60-7-3) (Ord. 5625, passed 9-16-1996) Penalty, see § 162.999

   (A)   No fertilizer, compost, manure or other odor-or-dust-producing substance shall be stored closer than 100 feet to any lot line.

   (B)   Greenhouse heating plants shall be situated in an enclosed structure, and shall not be closer than 50 feet to any lot line.

(1960 Code, § 60-7-4) Penalty, see § 162.999

   (A)   Intent and purpose. The conduct of certain types of business activity in residential units may be permitted under provisions of this section. It is, therefore, the intent of this section to:

      (1)   Ensure the compatibility of home occupations with other uses permitted in the residential districts;

      (2)   Maintain and preserve the character of residential neighborhoods; and

      (3)   Promote the efficient use of public services and facilities by assuring these services are provided to the residential population for which they were planned and constructed, rather than commercial uses.

   (B)   Definition. A HOME OCCUPATION means an accessory use of a dwelling unit for gainful employment which is:

      (1)   Clearly incidental and subordinate to the use of the dwelling unit as a residence;

      (2)   Carried on solely within the main dwelling and does not alter or change the exterior character or appearances of the dwelling;

      (3)   Located in a residential zoned district;

      (4)   Is conducted clearly as a secondary use of the premises with no exterior evidence of a business being conducted from the premises; and

      (5)   Is conducted solely by the occupants of the dwelling unit.

   (C)   Permitted home occupations. The following uses shall generally be considered as allowable home occupations; provided, the requirements as set forth are in compliance:

      (1)   Dressmakers, seamstresses, tailors;

      (2)   Teachers/tutoring; provided that, instructions shall be limited to five students at a time;

      (3)   Artists, sculptors, authors and composers;

      (4)   Home crafts for sale off premises;

      (5)   Office facilities for architects, engineers, lawyers, realtors, insurance agents, brokers and members of similar professions;

      (6)   Office facility for a salesperson, sales representative or manufacturer’s representative provided that no transactions are made in person on the premises;

      (7)   Telephone solicitation and answering service;

      (8)   Computer programming, typing and word processing services;

      (9)   Radio, television, phonograph and small appliance repair;

      (10)   Day care for up to three children; and

      (11)   Mail order business; provided, no merchandise shall be displayed on the premises.

   (D)   Prohibited home occupations.

      (1)   The following uses shall be generally prohibited as home occupations:

         (a)   Barber shops and beauty parlors;

         (b)   Animal hospitals and veterinary uses (including care, grooming or boarding);

         (c)   Funeral homes and mortuaries;

         (d)   Restaurants and cafés;

         (e)   Stables or kennels;

         (f)   Vehicle repair or maintenance for other than the personal convenience of and any vehicles owned or leased by the occupants;

         (g)   Antique stores and furniture sales;

         (h)   General contracting, carpentry, masonry, plumbing, painting or other related work;

         (i)   Medical or dental office and laboratory; and

         (j)   Retail sales of any type directly from the premises.

      (2)   Those uses that are generally considered as prohibited as home occupations may be permitted only as a variance authorized in accordance with provisions of § 162.026 of this chapter.

   (E)   General provisions/performance criteria. Any business use within a dwelling unit in a residential zoned district shall be permitted by right; provided, the following criteria are fully complied with.

      (1)   The use shall be conducted entirely within a dwelling and shall be clearly incidental to the use of the structure as a dwelling.

      (2)   The home occupation is to be conducted only by members of the immediate family residing in the dwelling unit, and no others may be employed.

      (3)   There shall be no storage of equipment, vehicles or supplied associated with the home occupation outside the dwelling or accessory building on the premises.

      (4)   There shall be no display of products visible in any manner from outside of the dwelling unit.

      (5)   There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation.

      (6)   The total area used for a home occupation shall not exceed 25% of the gross floor area of the dwelling or 300 square feet whichever is less.

      (7)   A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located.

      (8)   A home occupation shall have adequate parking spaces available to compensate for additional parking needs generated.

      (9)   No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property.

      (10)   There shall be no advertising, display or other indications of a home occupation on the premises besides one flush-mounted sign, not over two square feet in area. The sign may only show the name of occupant and type of occupation. The sign shall not be illuminated.

      (11)   There shall not be conducted on the premises the business of selling stocks of merchandise, supplied or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves or racks is not allowed, but a person may pick up an order placed earlier as described above.

   (F)   Application requirements. An application for a home occupation permit shall be made to the Building and Zoning Office on forms provided by the Department which shall be completed and accompanied by appropriate fee as established by resolution of the City Council. The Department will render a decision and notify the applicant in writing within 15 calendar days of the date the application was received. In cases where the Department considers the application not within the scope of the home occupation criteria, the application shall be denied.

   (G)   Appeals. The decision of the Department concerning approval or revocation shall be final unless a written appeal is filed with the Zoning Board of Appeals in accordance with provisions of §§ 162.550 through 162.555 of this chapter.

   (H)   Inspections. Home occupation applicants shall permit a reasonable inspection of the premises by the Department to determine compliance with this chapter. Any home occupation that is found to be in non-compliance with provisions of this chapter shall be advised and permit be revoked.

(1960 Code, § 60-7-5) (Ord. 5326, passed 10-3-1994) Penalty, see § 162.999

   (A)   The lot on which any hospital or sanitarium is situated shall have a minimum width and depth of 200 feet and a minimum area of five acres.

   (B)   The lot on which any nursing home is situated shall have a minimum width and depth of 200 feet, and a minimum area of two acres.

   (C)   The principal building of any hospital, sanitarium or nursing home shall be located at least 25 feet from all lot lines.

(1960 Code, § 60-7-6) Penalty, see § 162.999

   (A)   No part of any junk yard, which includes any lot on which three or more inoperable vehicles are stored, shall be located closer than 500 feet to the boundary of any residential district.

   (B)   All vehicles, parts and equipment shall be stored within a completely enclosed structure or within an area screened by a wall, solid fence or closely-planted shrubbery at least ten feet high and of sufficient density to block the view from adjacent property.

(1960 Code, § 60-7-7) Penalty, see § 162.999

   (A)   The lot on which any kennel is situated shall have a minimum area of three acres.

   (B)   Every kennel shall be located at least 200 feet from the nearest dwelling, and at least 100 feet from any lot line.

(1960 Code, § 60-7-8) Penalty, see § 162.999

   (A)   No swimming pool, whether public or private, shall be located in any front yard.

   (B)   Every swimming pool that is more than two feet deep shall be enclosed by a wall or fence at least four feet in height. The passage through such wall or fence shall be equipped with a gate.

(1960 Code, § 60-7-9) Penalty, see § 162.999

   (A)   Any person, firm, corporation or other entity proposing to construct buildings or develop land within the jurisdiction of the city shall prepare, for approval by the City Engineer, a Storm Water Management Plan that described the manner in which erosion, sediment and run-off resulting from the development will be controlled and managed. No building or construction permits or plat approval shall be issued by the city until the Storm Water Management Plan has been approved by the City Engineer as meeting the requirements of this section, or the requirement for such Storm Water Management Plan has been waived by the City Engineer. Downstream property owners, watercourses, channels or conduits shall not receive storm water run-off from proposed upstream developments at a higher peak flow rate than would have resulted from the same storm event occurring over the site of the proposed development with the land in its natural, undeveloped conditions, nor shall storm water run-off exceed the capacity of the natural drainage system.

   (B)   Storm water run-off resulting from a proposed development shall be detained on-site:

      (1)   By wet or dry bottom reservoirs;

      (2)   By underground reservoirs;

      (3)   On flat roofs, parking lots or streets; or

      (4)   By other detention methods approved by the City Engineer.

   (C)   For purposes of designing adequate on-site detention facilities, the Illinois State Water Survey rainfall data for this region shall be used.

   (D)   (1)   Detention basins. Basins may be constructed to temporarily detain the storm water run-off so that the rate at which it is released is the same rate as before development. The following features shall be incorporated into the design of any detention basin.

         (a)   Storage volume. The volume of storage provided shall be sufficient to store flows both during and immediately after the maximum storm event which can be expected to occur once every ten and 100 years.

         (b)   Outlet control works.

            1.   Outlet works shall be designed to limit peak outflow rates from detention storage areas to or below peak flow rates that would have occurred prior to the proposed development.

            2.   Outlet works shall not include any mechanical components or devices and shall function without requiring attendance or control during operation.

         (c)   Spillway. Emergency spillways shall be provided to permit the safe passage of run-off generated from a 100-year storm.

         (d)   Maximum depth. The maximum planned depth of storm waters stored shall not normally exceed four feet.

         (e)   Side slopes. The maximum side slopes for grassed basins shall not exceed one foot vertical for two feet horizontal (2:1 slope) for basins less than or equal to four feet deep; for basins greater than four feet deep the maximum side slope shall not exceed 3:1.

         (f)   Limits of ponding. In no case shall the limits of maximum ponding be closer than 30 feet horizontally from any building and less than two feet vertically below the lowest sill elevation.

         (g)   Interior drainage. The basin bottom should be designed to drain expeditiously. If the bottom is to be grass, it should have a minimum slope of 1%.

         (h)   Low flow channel. Small flows through the detention basin should be handled by paved ditches from inflow structure to outflow structure to minimize erosion.

         (i)   Multipurpose basins. If the detention basin is to have other uses, the design of the basin bottom should include underdrains to expedite drying of the bottom between run-off events.

         (j)   Aesthetics. Designs should result in aesthetically pleasing configurations which will enhance public acceptability.

      (2)   Detention ponds. Detention ponds may also be used to temporarily detain the differential run-off from the development. In addition to the general design features enumerated above for detention basins, the following features should also be incorporated into the design of any detention pond.

         (a)   Normal pool depth. In order to minimize weed growth, the normal pool depth should be four feet minimum.

         (b)   Depth for fish. If fish are to be kept in the pond, at least one-quarter of the area of the permanent pool should have a minimum depth of ten feet.

         (c)   Facilities for emptying. In order to ease cleaning of the pond or shoreline maintenance, the pond design should include provisions for emptying the pond.

         (d)   Low flow by pass. The design of any pond may include a low flow by-pass channel or pipeline to divert run-off that can be accommodated by downstream drainageways.

         (e)   Bank stabilization. In order to minimize the effects of waves or ice, some type of bank stabilization such as rip-rap or concrete should be placed along the normal pool shoreline.

         (f)   Side slopes below normal pool. The side slopes below the normal pool elevation may exceed the maximum side slope permitted above normal pool. The design shall, however, include provisions for a safety ledge having a depth of water not greater than three feet immediately adjacent to the shoreline.

      (3)   Rooftop storage. Detention storage may be met in total or in part by detention on roofs. Details of such design, which shall be included in the building permit application, shall include the depth and volume of storage, details of outlet devices and downdrains, elevations of overflow scuppers, design loadings for the roof structure and emergency overflow provisions. Direct connection of roof drains to sanitary sewers is prohibited.

      (4)   Parking lot storage. Paved parking lots may be designed to provide temporary detention storage of storm water on all or a portion of their surfaces. Outlets will be designed so as to slowly empty the stored waters and depths of storage must be limited so as to prevent damage to parked vehicles.

      (5)   Other detention methods. All or a portion of the detention storage may also be provided in underground or surface detention facilities, to include basins, tanks or swales and the like.

   (E)   Designs of detention facilities shall incorporate safety features, particularly at outlets, on steep slopes and at any attractive nuisances to include, as necessary, fencing, hand rails, lighting, steps, grills, signs and other protective or warning devices so as to restrict access during critical periods and to afford some measure of safety to both authorized and unauthorized persons.

   (F)   The provisions of this section shall be applicable in the following areas:

      (1)   Any residential development having a gross aggregate of five acres or more;

      (2)   Any residential development of less than five acres with a 50% impervious surface including roads, building, utility right-of-way and other improvements; or

      (3)   Any commercial, industrial, institutional or utility development having a gross aggregate area of one acre or more.

   (G)   The storm water detention facilities must be built in conjunction with the storm water installation and be fully operational after the clearing of vegetation.

      (1)   Silt and debris connected with early construction shall be removed periodically from the detention area to maintain full storage capacity.

      (2)   The maintenance responsibility of the detention area shall remain with the developer and/or contractor until final inspection and applicable escrows are released.

      (3)   Before a certificate of occupancy is issued, the developer shall submit his or her commitment for future maintenance responsibility of the detention area.

   (H)   When applicable, the provisions of this section shall be reviewed by the City Engineer to assure compliance.

(1960 Code, § 60-7-10) (Ord. 4632, passed 6-5-1989) Penalty, see § 162.999

   (A)   Outdoor restaurants and dining establishments as defined shall be permitted as a special use in the zoning districts as specified.

   (B)   The following regulations and requirements must be complied with before a business license as required by the city can be issued.

      (1)   Tables and seating shall be portable and must be secured at the end of each business day. The outdoor seating area shall be permitted only during the normal hours of operation of the restaurant.

      (2)   Placement of tables, seating and equipment shall be restricted to the front of the business and contiguous property and shall not obstruct or impede pedestrian traffic. An unobstructed walkway in conformance with the U.S. Access Board’s Public Right-of-Way Accessibility Guidelines shall be maintained at all times.

      (3)   No signs or other graphics shall be displayed other than what is permitted under the Ch. 155 of this code of ordinances; provided, however, this division (B)(3) shall not apply to table umbrellas containing graphics.

      (4)   The outside installation and use of a television and/or other video equipment shall be permitted only with the prior written approval of the Zoning Administrator.

      (5)   The outside installation and use of floral or other temporary decorative pieces on city property shall be permitted only with the prior written approval of the Zoning Administrator.

      (6)   Provisions shall be made for adequate litter and trash control including providing for and maintaining of trash receptacles. The outdoor seating area shall be kept clean and free of debris at all times.

      (7)   The seating shall not obstruct any entryway or exit of the building or adjacent building(s).

      (8)   Alcoholic beverages shall only be permitted to be served or consumed in the designated outdoor seating area in accordance with the outdoor areas provisions in § 121.12(B) of this code of ordinances.

      (9)   The business shall maintain liability insurance in the required amounts naming the city as co-insured.

      (10)   All pertinent permits and licenses as required by the city, county and state have been secured for the operation.

(1960 Code, § 60-7-11) (Ord. 7697, passed 7-15-2013; Ord. 7967-2016, passed 7-5-2016) Penalty, see § 162.999

   (A)   Facility shall not be located within one mile from the property line of a pre-existing event space. (Distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines.)

   (C)   No more than 12 event centers shall be allowed to operate within the city at any given time.

(Ord. 9175-2023, passed 7-3-2023)

   (A)   The dwelling must be licensed with the city as a short-term rental, with inspection of the property by the city prior to license approval and annual renewal.

   (B)   The maximum length of stay per registered party shall be less than 30 consecutive days.

   (C)   The entire dwelling shall be rented in the name of one individual, who represents the entire family or group renting the dwelling during the reserved time period.

   (D)   No exterior or interior sign intended to be seen by the public shall be permitted.

(Ord. 9322-2024, passed 10-7-2024)