The purpose of this article is to indicate which land uses may locate in each zoning district and under what requirements; and which land uses may not locate therein. A further distinction is made for land uses that may locate in a given district only upon obtaining a special or temporary use permit to do so. Finally, certain land uses may locate in a given district as a matter of right upon compliance with special regulations for such a land use.

(Ord. No. 801G, § 3, 3-6-06)

The land uses listed in article 1 are specifically designated and refer to the detailed listing of land uses contained in § 150.204.

(A)

Land uses permitted by right. Land uses listed as permitted by right are permitted per the general land use requirement of this chapter (§ 150.203); per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the official zoning map; per the general requirements of this chapter including § 150.906; and per any and all other applicable city, county, state, and federal regulations.

(B)

Land uses permitted as a special use. Land uses listed as permitted as a special use are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (a), above, plus any additional requirements applicable to that particular land use as contained in § 150.204, including any additional requirements imposed as part of the special use process. Each application for, and instance of, a special use shall be considered a unique situation and shall not be construed as precedence for similar requests (see also § 150.904 for special use procedures).

(C)

Land uses permitted as an accessory use. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (A), above, plus any additional requirements applicable to that particular land use as contained in § 150.204. Any use accessory to an office, commercial or industrial use shall not exceed ten percent of the principle building floor area or a maximum of 900 square feet, whichever is less, except for provisions outlined in § 150.204(H)(6), § 150.204(H)(8), § 150.204(H)(9) and § 150.204(H)(17). Any use accessory to a single-family residential use shall not exceed the square footage of the dwelling nor occupy more than ten percent of the lot area to a maximum of 900 square feet, except for provisions outlined in § 150.204(H)(3), § 150.204(H)(10), § 150.204(H)(17). Land uses exceeding the area limitation shall be subject to the same provisions as a principle use.

(D)

Land uses permitted as a temporary use. Land uses listed as permitted as a temporary use are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (A), above, plus any additional requirements applicable to that particular land use as contained in §§ 150.204(I).

(E)

Land uses not listed in a specific zoning district are not permitted in such zoning district, except as legal nonconforming uses (per § 150.801).

(F)

Although a land use may be indicated as permitted by right or permitted as a special use in a particular district, it does not follow that such a land use is permitted or permissible on every parcel in such district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this chapter which are applicable to the specific land use and parcel in question, or unless an appropriate variance has been granted pursuant to § 150.909.

(Ord. No. 801G, § 3, 3-6-06)

All uses of land initiated within the jurisdiction of this chapter on, or following, the effective date of this chapter shall comply with all of the provisions of this chapter. Specifically:

(A)

Land use regulations and requirements. All uses of land shall comply with all the regulations and requirements of this chapter, pertaining to the types of uses to which land uses within particular zoning districts. Such regulations and requirements address both general and specific regulations which land uses shall adhere to; and which are directly related to the protection of the health, safety and general welfare of the residents of the city and its environs.

(B)

Density and intensity regulations and requirements. All development of land shall comply with all the regulations and requirements of this chapter, pertaining to the maximum permitted density (for residential land uses) and intensity (for nonresidential land uses) of land uses. Such regulations and requirements address issues such as floor area ratios (FARs) and landscape surface ratios (LSRs), which are directly related to, and are a critical component of, density and intensity and the protection of the health, safety, and general welfare of the residents of the city and its environs.

(C)

Bulk regulations and requirements. All development of land shall comply with all the regulations and requirements of this chapter, pertaining to the maximum permitted bulk of structures and the location of structures on a lot. Such regulations and requirements address issues such as height, setbacks from property lines and rights of way, and minimum separation between structures; which are directly related to, and a critical component of, the effective bulk of a structure and the protection of the health, safety, and general welfare of the residents of the city and its environs.

(D)

Natural resources and green space regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of this chapter, pertaining to the protection of sensitive natural resources and required green space areas. Such regulations and requirements address issues such as absolute protection, partial protection, and migration; which are directly related to, and a critical component of, the protection of natural resources and the protection of the health, safety, and general welfare of the residents of the city and its environs.

(E)

Landscaping and bufferyards regulations and requirements. All development of land shall comply with all the regulations and requirements of this chapter, pertaining to the provision of landscaping and bufferyards. Such regulations and requirements address issues such as minimum required landscaping of developed land, and minimum required provision of bufferyards between adjoining zoning districts and/or development options; which are directly related to, and a critical component of, the effective bulk of a structure and the protection of the health, safety, and general welfare of the residents of the city and its environs.

(F)

Performance standards and requirements. All development of land shall comply with all the regulations and requirements of this chapter, pertaining to the provision of appropriate access, parking, loading, storage, and lighting facilities. Such regulations and requirements address issues such as maximum permitted access points, minimum required parking spaces, the screening of storage areas, and maximum permitted intensity of lighting, as well as defining acceptable levels of potential nuisances such as noise, vibration, odors, heat, glare and smoke; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the city and its environs.

(G)

Signage regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of the City of Belvidere Municipal Code, pertaining to the type and amount of signage permitted on property. Such regulations and restrictions address issues such as the maximum area of permitted signage and the number and types of permitted signage; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the city and its environs.

(H)

Procedural regulations and requirements. All land use and/or development of land shall comply with all the regulations and requirements of this chapter, pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements; and are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the city and its environs. At a minimum, all development shall be subject to the requirements of § 150.906.

(I)

Number of buildings per lot. In the RH, SR-3, SR-4, and SR-6, Districts, only one principal building shall be permitted on any one lot. In the TR-7, MR-8S, MR-8L, PO, PB, and PI Districts, more than one principal building shall be permitted on any one lot upon the granting of a special use permit for a group development in compliance with § 150.205. In the NO, NB, GB, GI, HI, and I, more than one principle building shall be permitted on any one lot provided that all applicable codes and ordinances are met.

(J)

Number of land uses per building. More than one nonresidential land use type may be allowed in a multi-tenant building; however land use types regulated as a special use within the specified zoning district will still be regulated as a special use in a multi-tenant building.

With the exceptions of a commercial apartment or a home occupation, no building containing a nonresidential land use shall contain a residential land use (see § 150.204(H)(1) and § 150.204(H)(9).

(K)

For the purposes of this Code, an owner may construct a structure spanning one or more tracts of land or lots of record under common ownership in which case the lots so built upon will be treated as one lot for the zoning purposes of this Code.

(Ord. No. 801G, § 3, 3-6-06; Ord. No. 24H, § 2, 9-8-09)

The land use categories employed by this chapter are defined in this section. All regulations and requirements identified in this section are in addition to and complimentary to any regulations or requirements pertaining to a particular zoning district (i.e. bulk requirements). Land uses that are not listed in this chapter are not necessarily excluded from locating within any given zoning district. Section 150.911 empowers the zoning administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this chapter.

(A)

Residential land uses.

(1)

Conventional residential development. This land use includes, but is not limited to, all residential developments which do not provide permanently protected natural resource areas. Property which is under common ownership of a property owners' association is permitted, but is not a required component of this type of development. Up to ten percent of a conventional residential development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected natural resource areas), without a reduction in maximum gross density (MGD).

Conventional residential development can be made up of the following dwelling unit types (on the following pages):

The letters below correspond to the bulk requirements in article 1. Many of these letters are shown on the dwelling unit type graphics on the following pages.

(Note: Not all letters appear on all graphics.)

B: Minimum lot width

E: Front or street side lot line to house

F: Front or street side lot line to garage

G: Side lot line to house or garage

I: Rear lot line to house or garage

J: Side lot line to accessory structure

K: Rear lot line to accessory structure

M: Minimum paved surface setback

N: Minimum dwelling unit separation

Q: Minimum number of off-street parking spaces required on the lot

(2)

Garage standards for West Hills Neighborhood. The following garage requirement shall only apply for single-family, duplexes, twin-house, two-flat, and townhouse residential buildings located in the areas outlined in the 1997 West Hills Neighborhood Plan:

A.

Garage width: A front-facing garage accessed from a public street shall occupy no more than 50 percent of the front facade of the house in width.

B.

Garage setback: Garages shall be set back a distance equal with or further from the primary front facade of the house. This setback is not meant to prevent the garage from being setback a distance equal to a porch that is placed in the front of the house adjacent to the garage facade. The primary front facade shall be defined as the closest plane of the house facade that comprises 50 percent or greater of the width of the house, excluding the garage sections.

C.

Single-family detached (site built). A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence that is located on an individual lot or within a group development. The dwelling unit must be a site built structure with a permanent, continuous foundation. This dwelling unit type may not be split into two or more residences. Refer to figure A and to article 1 for setback requirements labeled in capital letters:

Figure A. Single-Family Detached Dwelling Unit

1.

Parking Requirements. Minimum off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): Three spaces.

D.

Duplex. These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. A minimum building code required fire rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals, are required between each dwelling unit. The two residences shall be located on the same lot, and in fact, the twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences. Refer to figure B and to article 1 for setback requirements labeled in capital letters:

Figure B. Duplex

1.

Parking requirements. Minimum off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): Three spaces.

E.

Twin-house. These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. A minimum building code required fire rated wall assembly division, separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals, are required between each dwelling unit. The two residences shall be located on individual lots. The twin house is distinguished from the duplex house merely by having each unit located on an individual lot. These dwelling unit types may not be split into additional residences. Refer to figure C and to article 1 for setback requirements labeled in capital letters:

Figure C. Twin House

1.

Parking requirements. Minimum off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces for both residences): Three spaces.

F.

Two-flat house. This dwelling unit type consists of a two-family residence, which has individual dwelling units on multiple levels (rather than side-by-side as for a duplex or twin-house). This dwelling unit type also includes any single-family residence that has been converted into a two-family residence. The two residences are both located on the same lot or within the same group development. This dwelling unit type may not be split into additional residences. Where permitted, this use is a special use and must be approved through the procedures of § 150.904. Refer to figure D and to article 1 for setback requirements labeled in capital letters:

Figure D. Two-Flat House

1.

Parking requirements. Minimum off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces for both units): Three spaces.

G.

Townhouse. This dwelling unit type consists of attached, two-story, single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group development and may not be split into additional residences. All townhouse units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to figure E and to article 1 for setback requirements labeled in capital letters:

Figure E. Townhouse

1.

Parking requirements. Minimum off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): Two and one-half spaces per three-bedroom, two spaces per two-bedroom, one-bedroom, or efficiency.

H.

Multiplex. This dwelling unit type consists of an attached, multi-family residence that has a private, individual exterior entrance. All multiplex units within a development shall be located a minimum of 30 feet from the boundary of the development. Refer to figure F and to article 1 for setback requirements labeled in capital letters:

Figure F. Multiplex

1.

Parking requirements. Minimum off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): Two and one-half spaces per three-bedroom, two spaces per two-bedroom, one-bedroom, or efficiency.

I.

Apartment. This dwelling unit type consists of an attached, multi-family residence that takes access from a shared entrance or hallway. No more than eight dwelling units, and no less than three, may be located in a building. As part of the special use requirements for group developments, any development comprised of one or more buildings, which contain four or more dwelling units, are considered a distinct land use type from apartments with three or four dwelling units in the building. Refer to the figure G and to article 1 for setback requirements labeled in capital letters:

Figure G. Apartment

1.

Parking requirements. Minimum off-street parking spaces required on the lot (includes garage, drives, and all designated parking surfaces): Two and one-half spaces per three-bedroom, two spaces per two-bedroom, one-bedroom, or efficiency.

J.

Mobile home. This dwelling unit type consists of a transportable, factory-built fully detached, single-family residence, designed for long term occupancy built prior to June 15, 1976, the effective date of the Federal Manufactured Housing Construction and Safety Standards Act. A structure manufactured after June 15, 1976, which is certified and labeled as a manufactured home under 42. U.S.C. §§ 5401 to 5426 but is not set on an enclosed foundation shall be deemed to be a mobile home under this chapter. This dwelling unit type may not be split into two or more residences. Within 30 days of occupancy, the owner shall remove the axle and install skirting. Refer to article 1 for setback requirements:

1.

Parking requirements. Minimum number of off-street parking spaces required on the lot (includes garage, drives, & all designated parking surfaces): Two spaces.

K.

Modular dwelling. A single-family dwelling structure or component thereof, fabricated in an off-site manufacturing facility for installation or assembly at the building site bearing a HUD label or insignia certifying that it is built in compliance with the Federal Manufactured Housing Construction Standards under 42. U.S.C. §§ 5401 to 5426. A structure manufactured after June 15, 1976, which is certified and labeled as a manufactured home under 42. U.S.C. §§ 5401 to 5426 but is not set on an enclosed foundation shall be deemed to be a mobile home under this chapter. This dwelling unit type may not be split into two or more residences. Refer to article 1 for setback requirements:

1.

Parking requirements. Minimum number of off-street parking spaces required on the lot (includes garage, drives, & all designated parking surfaces): Three spaces.

(3)

Institutional residential development. See § 150.204(C)(6).

(4)

Mobile home subdivision residential development. This land use is a form of residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in § 150.204(A)(2)H. of this chapter. Under this development option, approximately ten percent of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected natural resource areas), without a reduction in maximum gross density (MGD).

A.

Regulations.

1.

The minimum size of the mobile home development shall be five acres;

2.

The minimum lot size shall comply with the minimum dimensional requirements for singlefamily detached (site-built) lots within the zoning district.

3.

The mobile home development shall be located so as to blend with adjacent residentially zoned areas;

4.

No direct access from the development shall be made available to local residential streets developed with conventional one-family or two-family housing;

5.

A 30-foot wide landscaped buffer which provides continuous year-round screening to a minimum height of eight feet shall be required along all property lines abutting residentially-zoned property, and may be required around the entire perimeter of the subject property;

6.

A community room shall be provided within the development which must provide an emergency public shelter with capacity designed to serve the residents of the development, at an assumed population of 2.5 residents per dwelling unit;

7.

Separation. A minimum of 15 feet of separation shall be maintained between all structures, including but not limited to mobile home units, modular or site built additions, decks, porches or roof structures excluding decks, patios, or walkways less than 30 inches above grade.

8.

Each dwelling unit shall provide two off-street parking spaces.

9.

Each dwelling unit shall have a garage, either attached or detached, if 60 percent of other dwellings within 500 feet have a garage.

10.

Each dwelling unit shall be placed on a foundation and secured with a tie-down technique approved by the building inspector. Residential masonry or residential siding materials shall be required for skirting around the entire perimeter of each unit;

11.

Each dwelling unit shall have a minimum width of 22 feet, exclusive of attached garage, carport or open deck, if 60 percent of the dwellings within 500 feet have a width of 22 feet.

12.

Minimum dwelling core dimensions for the zoning district shall not apply within this type of development, however, each dwelling unit shall have siding and roofing materials comparable with 60 percent of the dwellings within 500 feet of the dwelling in question.

(5)

Mobile home park residential development. This land use is a form of conventional residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the pads and mobile home units must meet the requirements for mobile homes listed in § 150.204(A)(2)H. of this chapter. Under this development option, approximately ten percent of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected natural resource areas), without a reduction in maximum gross density (MGD).

A.

Regulations.

1.

The minimum size of the mobile home park development shall be five acres;

2.

The minimum air pad size shall comply with the minimum dimensional requirements for single-family detached (site-built) lots within the zoning district.

3.

The mobile home park development shall be located so as to blend with adjacent residentially zoned areas;

4.

No direct access from the development shall be made available to local residential streets developed with conventional one-family or two-family housing;

5.

A 30-foot wide landscaped buffer which provides continuous year-round screening to a minimum height of eight feet shall be required along all property lines abutting residentially-zoned property, and may be required around the entire perimeter of the subject property;

6. 

A community room shall be provided within the development which must provide an emergency public shelter with capacity designed to serve the residents of the development, at an assumed population of 2.5 residents per dwelling unit;

7.

Separation. A minimum of 15 feet of separation shall be maintained between all structures which shall include modular or site built additions, decks, porches or roof structures excluding decks, patios, or walkways less than 30 inches above grade.

8.

Each dwelling unit shall provide two off-street parking spaces;

9.

Each dwelling unit shall have a garage, either attached or detached, if 60 percent of other dwellings within 500 feet have a garage.

10.

Each dwelling unit shall be placed on a foundation and secured with a tie-down technique approved by the building inspector. Residential masonry or residential siding materials shall be required for skirting around the entire perimeter of each unit;

11.

Each dwelling unit shall have a minimum width of 22 feet, exclusive of attached garage, carport or open deck, if 60 percent of the dwellings within 500 feet have a width of 22 feet.

12.

Minimum dwelling core dimensions for the zoning district shall not apply within this type of development, however, each dwelling unit shall have siding and roofing materials comparable with 60 percent of the dwellings within 500 feet of the dwelling in question.

(6)

Note regarding percentage of green space and maximum density yield. This estimate is provided as a general rule of thumb for the convenience of the users of this chapter. Such a yield is not to be considered as ensured by the provisions of this chapter.

(B)

Agricultural land use.

(1)

Cultivation. Cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants. This land use includes trees that are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals that are located off-site.

A.

Regulations.

1.

On platted lots, cultivation areas shall not exceed 20 percent of the lot's area.

2.

Cultivation areas shall not be located within the required front yard or street yard of any platted or developed lot.

B.

Parking requirements. One space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 150.704(F)(1).)

(2)

Husbandry. Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined in § 150.013) per acre. Apiaries are considered husbandry land uses.

A.

Regulations.

1.

Any building housing animals shall be located a minimum of 300 feet from any residentially zoned property, and 100 feet from all other lot lines.

2.

All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of 100 feet from any residentially zoned property.

B.

Parking requirements. One space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 150.704(F)(1).)

(3)

Intensive agriculture. Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 150.013) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.

A.

Regulations.

1.

Shall not be located in, or adjacent to, an existing or platted residential subdivision.

2.

Shall be completely surrounded by a bufferyard with a minimum opacity of 1.00 (see § 150.607).

3.

All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 300 feet from all residentially zoned property and 100 feet from all other lot lines.

4.

Shall be located in an area that is planned to remain commercially viable for agricultural land uses.

B.

Parking requirements. One space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 150.704(F)(1).)

(4)

Agricultural service. Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses, see § 150.204(E)(6)).

A.

Regulations.

1.

Shall not be located in, or adjacent to, an existing or platted residential subdivision.

2.

All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of 100 feet from all lot lines.

3.

If within the RH District, shall be located in an area that is planned to remain commercially viable for agricultural land uses.

B.

Parking requirements. One space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 150.704(F)(1).)

(5)

On-site agricultural retail. On-site agricultural retail land uses include land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within on-site agricultural retail operations and such activity constitutes retail sales as a commercial land use. Packaging and equipment used to store, display, package or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off-site.

A.

Regulations.

1.

No farmstand structure or group of structures shall exceed 500 square feet in floor area.

2.

No structure shall exceed 12 feet in height.

3.

All structures shall meet all required setbacks for nonresidential land uses.

4.

Such land use shall be served by no more than one driveway. Said driveway shall require a valid driveway permit.

5.

The sale of products grown or otherwise produced on non-adjacent property under the same ownership, or on property under different ownership, shall be prohibited.

6.

Said structure shall be located a minimum of 300 feet from any residentially zoned property.

B.

Parking requirements. One space per employee on the largest work shift and four spaces for customers. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 150.704(F)(1)).

(6)

Selective cutting. Selective cutting land uses include any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 30 percent of the woodlands on the property (or up to 100 percent for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads, which are designated on recorded plats. The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting, (see (7), below).

A.

Regulations. Not applicable.

(7)

Clear cutting. Clear cutting land uses include the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 30 percent of the woodlands on a property (or up to 100 percent for developments approved prior to the effective date of this chapter). Clear cutting is permitted only as a special use within the jurisdiction of this chapter. Areas which have been clear cut as a result of intentional action following the effective date of this chapter without the granting of a special use permit are in violation of this chapter and the property owner shall be fined for such violation (in accordance with the provisions of § 150.914) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements, and any other relief deemed just and equitable.

A.

Regulations.

1.

Applicant shall demonstrate that clear cutting will improve the level of environmental protection on the subject property.

2.

Areas of the subject property which are clear-cut beyond the limitations established above, shall be replanted at the same density as existed prior to cutting.

3.

Clear cutting shall not be permitted within a required bufferyard or landscaped area (see § 150.607), or within an area designated as permanently protected green space (see article 5).

(C)

Institutional land uses.

(1)

Passive outdoor public recreational. Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use (see (b), below), picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.

A.

Parking requirements. One space per three expected patrons at maximum capacity. Per § 150.704(G) if parking needs exceed this minimum requirement, in the opinion of the zoning administrator, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by the property owner.

(2)

Active outdoor public recreational. Active outdoor public recreational land uses include all recreational land uses located on public property which involve active recreational activities. Such land uses include playcourts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses, and similar land uses.

A.

Regulations.

1.

Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 150.607). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

2.

All structures and active recreational areas shall be located a minimum of 50 feet from any residentially zoned property.

3.

Facilities that serve a community-wide function shall be located with primary vehicular access on a collector or arterial street.

4.

Facilities that serve a regional or community-wide function shall provide off-street passenger loading area if the majority of the users will be children.

B.

Parking requirements. Five spaces per gross acre minimum and eight spaces per gross acre maximum. Parking areas available along park roads may be used to fulfill this requirement. Per § 150.704(G), if parking needs exceed this minimum requirement, in the opinion of the zoning administrator, additional parking spaces sufficient to meet the average maximum weekly peak-hour parking space demand shall be provided by the property owner.

(3)

Indoor institutional (minor). Minor indoor institutional land uses include all indoor public and not for profit recreational facilities, gyms, swimming pools, libraries, museums, community centers, schools, colleges, churches, nonprofit clubs, nonprofit fraternal organizations-and similar land uses.

A.

Regulations.

1.

Shall be located with primary vehicular access on a collector or arterial street.

2.

Shall provide off-street passenger loading area if the majority of the users will be children (as in the case of a school, church, library, or similar land use).

B.

Parking requirements. Generally, one space per three expected at the maximum capacity; however, see additional specific requirements below:

Church: one space per five seats at the maximum capacity.

Community or recreation center: One space per 250 square feet of gross floor area, or one space per four patrons to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.

Funeral home: One space per three patron seats at the maximum capacity, plus one space per employee on the largest work shift.

Library or museum: One space per 250 square feet of gross floor area or one space per four seats to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.

Elementary and junior high: One space per teacher/staff member, plus one space per classroom.

Senior high: One space per teacher/staff member, plus one space per five non-bused students.

College or trade school: One space per staff member on the largest work shift, plus one space per two students of the largest class attendance period.

(4)

Indoor Institutional (major). Major indoor institutional land uses include large scale uses such as convention centers, hospitals, jails, prisons, and similar land uses.

A.

Regulations.

1.

Shall be located with primary vehicular access on a collector or arterial street.

2.

All structures shall be located a minimum of 50 feet from any residentially zoned property.

B.

Parking requirements. Generally, one space per three expected patrons at maximum capacity; however, see additional specific requirements below:

Hospital: one spaces per two patient beds, plus one space per employee on the largest work shift.

Prisons/jails: One space for each worker on the largest work shift and one space for each 20 inhabitants.

Convention centers: One space for each four seats; however, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(5)

Outdoor institutional. Outdoor institutional land uses include public and private cemeteries, privately held permanently protected natural resource areas, country clubs, non-public golf courses, and similar land uses.

A.

Regulations.

1.

Shall be located with primary vehicular access on a collector or arterial street.

2.

Shall provide off-street passenger loading area if a significant proportion of the users will be children.

3.

All structures and actively used outdoor recreational areas shall be located a minimum of 50 feet from any residentially zoned property.

4.

Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 150.607). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

5.

Shall comply with § 150.904, standards and procedures applicable to all special uses.

B.

Parking requirements. Generally, one space per three expected patrons at maximum capacity. However, see additional specific requirements below:

Cemetery: One space per employee, plus one space per three patrons to the maximum capacity of all indoor assembly areas.

Golf course: 36 spaces per nine holes, plus one space per employee on the largest work shift, plus 50 percent of spaces otherwise required for any accessory uses (e.g., bars, restaurant).

Swimming pool: One space per 75 square feet of gross water area.

Tennis court: Three spaces per court.

(6)

Public service and utilities. Public service and utilities land uses include all city, county, state and federal facilities (except those otherwise treated in this section), emergency service facilities such as fire departments and rescue operations, wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution and communication facilities, and similar land uses, except for small wireless facilities. This includes any building, structure or appurtenance, open space or parcel of land owned or leased by the city, county, or state.

A.

Regulations.

1.

Outdoor storage areas shall be located a minimum of 50 feet from any residentially zoned property.

2.

All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 150.607). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

3.

All structures shall be located a minimum of 20 feet from any residentially zoned property.

4.

The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.

B.

Parking requirements. One space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises, plus one space per 500 square feet of gross square feet of office area.

(7)

Institutional residential. This land use is a form of residential development designed to accommodate institutional residential land uses, such as senior housing centers, retirement homes, nursing homes, dormitories, group homes, overnight retreat center, convents, monasteries, convalescent homes, limited care facilities, rehabilitation centers, assisted living establishments as defined under section 210 ILCS 9/10, community living facilities as defined under section 210 ILCS 35/3, community-integrated living arrangements as defined under section 210 ILCS 130/3, and similar land uses. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30 percent of the development's gross site area (GSA) shall be held as permanently protected green space. The density of institutional residential land uses shall be regulated on a case-by-case basis as determined by the planning and zoning commission through the site plan review and special use process. Factors such as on-site conditions, uses, and development intensity; and such as off-site conditions, uses, and development intensity shall be considered.

A.

Regulations.

1.

The proposed site shall be located so as to avoid disruption of an established or developing office area. Within the neighborhood office (NO) and planned office (PO) districts, institutional residential developments shall be designed so as to maintain the character of the adjacent properties.

2.

Shall be located with primary vehicular access on a collector or arterial street.

3.

No access shall be permitted to a local residential street.

4.

Applicant shall provide off-street passenger loading area at a minimum of one location within the development.

5.

All structures shall be located a minimum of 50 feet from any residentially zoned property which does not contain an institutional residential land use.

B.

Parking requirements.

Monastery or convent: One space per five residents, plus one space per employee on the largest work shift.

Nursing home or assisted living facility: One space per five patient beds, plus one space per employee on the largest work shift.

Student dormitory: One space per three residents, or dorm apartment units (whichever requires the larger amount of parking), not including residents subject to on-campus ownership prohibitions imposed by the institution.

For other institutional residential uses where residents do not generally drive: One space per five patient beds, plus one space per employee on the largest work shift.

For other institutional residential uses where residents may drive: Two spaces per residential unit.

(D)

Commercial land uses.

(1)

Office. Office land uses include all exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services directly to customers on a walk-in or on-appointment basis.

A.

Parking requirements. One space per 300 square feet of gross floor area.

(2)

Personal or professional service. Personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses include professional services, insurance or financial services, realty offices, medical offices and clinics, veterinary clinics, barber shops, beauty shops, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.), and related land uses.

A.

Parking requirements. One space per 300 square feet of gross floor area; health or fitness centers, and all forms of training studios shall comply with the parking requirements for indoor commercial entertainment.

(3)

Indoor sales or service. Indoor sales and service land uses include restaurants, all land uses which conduct or display retail or wholesale sales or rental merchandise or equipment, or non-personal or nonprofessional services, entirely within an enclosed building. These uses also include self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as "outdoor display incidental to indoor sales" under "accessory uses," (§ 150.204(H)(5)). A land use which contains both indoor sales and outdoor sales exceeding 15 percent of the total sales area of the building(s) on the property shall be considered as an outdoor display land use, (§ 150.204(D)(5)). Artisan studios are regulated in § 150.204(D)(19).

A.

Parking requirements. One space per 300 square feet of gross floor area; restaurants shall comply with the parking requirements for indoor commercial entertainment.

(4)

Large-scale developments. Large-scale developments include all land uses, entirely within an enclosed building over 40,000 gross square feet in size and having more than 50 percent of the floor area devoted to conducting or displaying sales or rental merchandise or equipment, or personal or professional services and is inclusive of any storage areas associated with these uses. The following standards are intended to ensure that large retail and commercial service buildings are properly located. They are also intended to ensure that such buildings are compatible with the surrounding area and the overall community character of the city.

A.

Regulations.

1.

Building materials. Exterior building materials shall be of comparable aesthetic quality on all sides.

(a)

Building materials such as glass, brick, tinted and decorative concrete block, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used.

(b)

Decorative architectural metal with concealed fasteners, or decorative tilt-up concrete panels may be approved if incorporated into the overall design of the building.

(c)

Exterior buildings materials shall not include smooth faced concrete block, smooth faced concrete panels, or prefabricated steel panels.

(d)

Stucco or EIFS may not be used on the lower three feet of any facade.

2.

Building design. The building exterior shall complement other buildings in the vicinity.

(a)

The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent size and scale of the building.

(b)

A minimum of 20 percent of the structure's facades that are visible from a public street shall employ actual protrusions or recesses with a depth of at least six feet. No uninterrupted facade shall extend more than 100 feet.

(c)

Roofs with particular slopes may be required by the city to complement existing buildings or otherwise establish a particular aesthetic objective.

(d)

A minimum of 20 percent of all of the combined linear roof eave or parapet lines of the structure shall employ differences in height, with such differences being six feet or more as measured eave to eave or parapet to parapet.

(e)

Building facades shall include a repeating pattern that includes no less than three of the following elements: (i) color change, (ii) texture change, (iii) material modular change, (iv) expression of architectural or structural bay through a change in plane no less than 24 inches in width, such as an offset, reveal or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than 30 feet, either horizontally or vertically.

3.

Building entrances.

(a)

Public building entryways shall be clearly defined and highly visible on the building's exterior design, and shall be emphasized by on-site traffic flow patterns.

(b)

Two or more of the following design features shall be incorporated into all public building entryways: canopies or porticos, overhangs, projections, arcades, peaked roof forms, arches, outdoor patios, display windows, distinct architectural details.

(c)

When principal buildings directly faces more than two abutting streets, this requirement shall apply only to two sides of the buildings, including the side of the buildings facing the primary street, and another side of the building facing a second street

4.

Building color. Building facade colors shall be non-reflective, subtle, neutral, or earth tone. The use of high intensity colors, metallic colors, fluorescent colors or black on facades shall be prohibited. Building trim and architectural accent elements may feature bright colors or black, but such colors shall be muted, not metallic, not fluorescent.

5.

Screening.

(a)

All ground-mounted and wall-mounted mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior.

(b)

All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls or roofs so as to not be visible from public streets adjacent or within 1,000 feet of the subject property. Fences or similar rooftop screening devices may not be used to meet this requirement.

(c)

Loading docks shall be completely screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above.

(d)

Gates and fencing may be used for security and access, but not for screening, and they shall be of high aesthetic quality. Decorative metal picket fencing and screening is acceptable. Chain link, wire mesh or wood fencing is unacceptable. Decorative, heavyduty wood gates may be used.

6.

Landscaping.

(a)

Parking lot design shall employ interior, curbed landscaped islands at the rate of one island per every eight spaces. In addition, the project shall provide landscaped islands in the middle of the aisle for aisles over 40 spaces long. Islands at the ends of aisles shall count toward meeting this requirement.

(b)

Each required landscaped island shall be a minimum of 360 square feet in landscaped area. A tree of at least two-inch caliper shall be planted and maintained in the landscape island.

(c)

Landscaped and curbed medians, a minimum of ten feet in width from back-of-curb to back-of-curb, shall be used to create distinct parking areas of no more than 120 parking stalls.

7.

Lighting. On-site exterior lighting shall meet all the standards of § 150.707 of the zoning ordinance, except that in addition:

(a)

Total cut-off luminaries with angles of less than 90 degrees shall be required for all pole and building security lighting to ensure no escaped up-lighting occurs.

(b)

At a minimum, as measured over ambient lighting conditions on a clear night, exterior lighting shall not exceed more than 0.5 footcandles above ambient levels along all property lines, and shall not exceed an average illumination level of 3.6 footcandles nor provide below a minimum of 0.9 footcandles in public parking and pedestrian areas.

(c)

The color and design of pole lighting standards shall be compatible with the building and the city's public lighting in the area, and shall be uniform throughout the entire development site. The maximum height for all poles shall be 20 feet.

8.

Bicycle and pedestrian facilities.

(a)

The entire development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties.

(b)

Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities. The minimum width for sidewalks adjacent to buildings shall be ten feet; and the minimum width for sidewalks elsewhere in the development shall be five feet.

(c)

Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least 50 percent of their length. Such landscape shall match the landscaping used for the street frontages.

(d)

Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, pavement color, pavement textures, and signage.

(e)

The development shall provide secure, integrated bicycle parking at a rate of one bicycle rack space for every 50 vehicle parking spaces.

9.

Signage. The plan for exterior signage shall provide for modest, coordinated, and complimentary exterior sign locations, configurations, and color throughout the development, including outlots. All freestanding signage within the development shall compliment on-building signage. Monument style ground signs are required and shall not exceed a height of 20 feet. Consolidated signs for multiple users may be required instead of multiple individual signs. The city may require the use of muted corporate colors on signage if proposed colors are not compatible with the city's design objectives for the area. The use of logos, slogans, symbols, patterns, striping and other markings, and colors associated with a franchise or chain is permitted, and shall be considered as contributing to the number and area of permitted signs.

10.

Outdoor display areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of ten feet. Display areas on building aprons must maintain a minimum walkway width of ten feet between the display items and any vehicle drives.

11.

Outdoor storage uses and areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, fork lifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan.

12.

Parking requirements.

(a)

Minimum: One space per 300 square feet of gross floor area.

(b)

Maximum: One space per 200 square feet of gross floor area.

(c)

Parking lots in which the number of spaces significantly exceeds the maximum number of parking spaces required shall be allowed only with specific and reasonable justification.

(5)

Outdoor display. Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Examples of such land uses include vehicle sales, vehicle rental, permanent automobile auction lots, manufactured and mobile housing sales, vending machines, including those that accept recyclable materials, walk-up automatic teller machines, and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. (See subsection A., below, also.) (Land uses which conduct or display only a limited amount of product outside of an enclosed building, are listed separately in § 150.204(H)(6) as "outdoor display incidental to indoor sales".)

A.

Regulations.

1.

The display of items shall not be permitted in permanently protected natural resource areas, required landscaped areas, or required bufferyards.

2.

The display of items shall not be permitted within required setback areas for the principal structure.

3.

In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 150.704. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.

4.

Display areas shall be separated from any vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly bordered by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

5.

Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

6.

Outdoor display shall be permitted during the entire calendar year, however, if goods are removed from the display area all support fixtures used to display the goods shall be removed within ten calendar days of the goods' removal.

7.

Inoperative vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.

8.

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the display area abutting residentially zoned property, except per 5., above (see § 150.607).

B.

Parking requirements. One space per 300 square feet of gross floor area.

(6)

Indoor maintenance service. Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered a vehicle repair and maintenance land use, (see § 150.204(D)(18)).

A.

Parking requirements. One space per 300 square feet of gross floor area.

(7)

Outdoor maintenance service. Outdoor maintenance services include all land uses which perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building.

A.

Regulations.

1.

All outdoor activity areas shall be completely enclosed by a minimum six feet high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a bufferyard with a minimum opacity of 0.60 (see § 150.607).

B.

Parking requirements. One space per 300 square feet of gross floor area.

(8)

In-vehicle sales or service. In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity (except vehicle repair and maintenance services, see § 150.204(D)(18). Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use (see § 150.204(H)(6)).

A.

Regulations.

1.

Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).

2.

The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.

3.

In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.

4.

The setback of any overhead canopy or similar structure shall be a minimum of ten feet from all street rights-of-way lines, a minimum of 20 feet from all residentially-zoned property lines, and shall be a minimum of five feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed 20 feet as measured to highest part of structure.

5.

All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four ton axle load.

6.

Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (§ 150.607).

7.

Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. Said curbs shall be a minimum of six inches high and be of a non-mountable design. No curb protecting an exterior fixture shall be located closer than 25 feet to all property lines.

B.

Parking requirements. One space per 300 square feet of gross floor area. Each drive-up lane shall have a minimum stacking length of 100 feet behind the pass through window and 40 feet beyond the pass through window.

(9)

Indoor commercial entertainment. Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include taverns, theaters, bowling alleys, arcades, roller rinks, and pool halls.

A.

Regulations.

1.

If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 150 feet, or as far as possible, of a residentially zoned property.

2.

Facility shall provide bufferyard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see § 150.607).

B.

Parking requirements. One space per every three patron seats or lockers (whichever is greater); or one space per three persons at the maximum capacity of the establishment; (whichever is greater).

(10)

Outdoor commercial entertainment. Outdoor commercial entertainment land uses include all land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours. Examples of such land uses include outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, and racetracks.

A.

Regulations.

1.

Activity areas shall not be located closer than 300 feet to a residentially zoned property.

2.

Facility shall provide bufferyard with minimum opacity of 0.80 along all borders of the property abutting residentially zoned property (§ 150.607).

3.

Activity areas (including drive-in movie screens) shall not be visible from any residentially-zoned property.

B.

Parking requirements. One space for every three persons at the maximum capacity of the establishment.

(11)

Commercial animal boarding. Commercial animal boarding facility land uses include land uses which provide short-term and/or long-term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate consideration.

A.

Regulations.

1.

Each animal shall be provided with an indoor containment area.

2.

The minimum permitted size of horse or similar animal stall shall be 100 square feet.

3.

Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured (see § 150.905.)

B.

Parking requirements. One space per every 1,000 square feet of gross floor area.

(12)

Commercial indoor lodging. Commercial indoor lodging facilities include land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, arcades, fitness centers, and other on-site facilities available to non-lodgers are not considered accessory uses and therefore require review as a separate land use.

A.

Regulations.

1.

If located on the same side of a building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within 100 feet of a residentially zoned property.

2.

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 150.607).

3.

Within the PO district, each and every room must take primary access via an individual interior door, and may not be accessed via an external balcony, porch or deck, except for emergency purposes.

B.

Parking requirements. One space per bedroom, plus one space for each employee on the largest work shift.

(13)

Bed and breakfast establishment. Bed and breakfast establishments are exclusively indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities for the exclusive use of their customers.

A.

Regulations.

1.

All such facilities shall be required to obtain a permit to serve liquor, if applicable. They shall be inspected annually at a fee as established by a separate ordinance, to verify that the land use continues to meet all applicable regulations.

2.

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 150.607).

3.

No premises shall be utilized for a bed and breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of 100 square feet for two occupants with an additional 30 square feet for each additional occupant to a maximum of four occupants per room. One lavatory and bathing facility shall be required for every ten occupants, in addition to the owner/occupants personal facilities.

4.

The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the owner and said owner shall live on the premises when the bed and breakfast operation is active.

5.

Only the meal of breakfast shall be served to overnight guests.

6.

Each operator shall keep a list of names of all persons staying at the bed and breakfast operation. This list shall be kept on file for a period of one year. Such list shall be available for inspection by city officials at any time.

7.

The maximum stay for any occupants of a bed and breakfast operations shall be 14 days.

8.

It shall be unlawful for any persons to operate a bed and breakfast operation as defined and as permitted in the Municipal Code of the City of Belvidere without first having obtained a special use permit.

9.

Applicants applying for a special use permit to operate a bed and breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with the city zoning ordinance, other applicable city codes and ordinances, and within the terms of this chapter.

10.

In the planning and zoning commission's determination of the number of bed and breakfast operations required to provide for such public convenience and necessity, the planning and zoning commission shall consider the effect upon residential neighborhoods, conditions of existing bed and breakfasts, and the necessity of issuance of additional bed and breakfasts for public service.

11.

Public nuisance violations. Bed and breakfast operations shall not be permitted whenever the operation endangers, or offends, or interferes with the safety or rights of others so as to constitute a nuisance.

12.

Suspension, revocation and renewal. Any special use permit issued under the provisions of this chapter may be revoked by the city council (see § 150.904) for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or non-compliance with the state law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issue.

B.

Parking requirements. One space per bedroom.

(14)

Day care center. Day care centers are land uses in which qualified persons provide care services for three or more individuals. Examples of such land uses include day care centers, nursery schools and daycare for adults. Such land uses shall not be located within a residential building. Such land uses may be operated on a for-profit or a not for profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, day care centers are not considered as accessory uses and therefore require review as a separate land use.

A.

Regulations.

1.

Facility shall provide a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property (see § 150.607).

B.

Parking requirements. One space per five students, plus one space for each employee on the largest work shift.

(15)

Campground. Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or vehicles.

A.

Regulations.

1.

Facility shall provide a bufferyard with a minimum opacity of 0.70 along all property borders abutting residentially zoned property (see § 150.607).

B.

Parking requirements. One and one-half spaces per campsite.

(16)

Boarding house. Boarding homes include any residential use renting rooms which do not contain private bathroom facilities (with the exception of approved bed and breakfast facilities).

A.

Regulations.

1.

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see § 150.607).

2.

Shall provide a minimum of one on-site parking space for each room for rent.

3.

Shall be located in an area of transition from residential land uses to nonresidential land uses.

4.

Shall comply with § 150.904, applicable to all special uses.

B.

Parking requirements. One space per room for rent, plus one space per employee on the largest work shift.

(17)

Sexually-oriented land uses. Sexually-oriented land uses are any business entity defined to include the terms adult arcade, adult bookstore, adult material, adult photographic or modeling studios, adult theater, physical culture establishment, special cabarets as defined dependent upon the activities relating to "specific sexual activities" or "specified anatomical areas" as defined in this chapter.

A.

Definitions. As used in this section, the following terms shall have the meanings indicated:

1.

Adult arcade. A place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

2.

Adult bookstore. An establishment which advertises, sells or rents adult material or offers for sale or rent adult material and which is not open to the public generally and which excludes any minor by reason of age. The provisions of this subsection are not intended to apply if the presumption is rebutted by evidence that establishes that at the establishment:

A.

Admission is not restricted to adults only, and

B.

All adult material is accessible only by employees, and

C.

The gross income from the sale and/or rental of adult material comprises less than ten percent of the gross income from the sale and rental of the goods or services at the establishment, and

D.

The individual items of adult material offered for sale and/or rental comprise less than 25 percent of the total individual new items publicly displayed as stock in trade in any of the following categories: books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videotapes, slides or other visual representations, or recordings, or other audio matter or less than 25 percent of the individual used items publicly displayed at the establishment as stock in trade in the same categories set out above.

3.

Adult material. Any one or more of the following, regardless of whether it is new or used:

A.

Books, magazines, periodicals or other printed matter, paintings, drawings or other publications or graphic media, or photographs, films, motion pictures, video cassettes or disks, slides or other visual representations, or recordings, or other audio matter, which have as their primary or dominant theme matter depicting, illustrating, describing or relating to a specified sexual activity and/or conduct or specified anatomical area; or

B.

Instruments, novelties, devices, or paraphernalia which are designed for use in connection with specified sexual activities.

4.

Adult photographic or modeling studios. Any business establishment which offers or advertises as its primary business stock in trade, the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas or the modeling of apparel that exhibits specified anatomical areas.

5.

Adult theater. An enclosed building or an enclosed space within a building, or an open-air area used for presenting either filmed or live plays, dances, or other performances, either by individuals or groups, distinguished or characterized by an emphasis on material depicting, describing or relating to "specific sexual activities" or "specified sexual activities" or "specified anatomical areas" as defined in this chapter for observation by patrons therein. An establishment which has an "adult arcade" is considered to be an "adult theater."

6.

Physical culture establishment. Any business establishment which offers or advertises, massage, body rubs, or physical contact with specified anatomical areas, whether or not licensed. Business establishments which routinely provide medical services by state licensed medical practitioners, and electrolysis treatment by licensed operators of electrolysis equipment shall be excluded from the definition of adult physical culture establishments.

7.

Special cabarets. Any bar, dance hall, restaurant or other place of business which features dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, or waiters or waitresses that engage in "specified sexual activates" or display "specified anatomical areas," or any such business establishment, the advertising for, or a sign or signs identifying which, use the words, "adult," "topless," "nude," "bottomless," or other words of similar import.

8.

Specified sexual activities. Simulated or actual:

A.

Showing of human genitals in a state of sexual stimulation or arousal;

B.

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, cunnilingus, or excretory functions.

C.

Fondling or erotic touching of human genitals, pubic region, anus, buttocks or female breasts.

9.

Specified anatomical areas.

A.

Less than completely and opaquely covered human genitals, pubic region, and cleavage of the nates of the buttock.

B.

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

C.

That portion of the human female breast directly or laterally below a point immediately above the top of the areola, which shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided that the areola is not so exposed.

D.

Any covering, tape, plastic, latex spray, or paint or other device which stimulates or otherwise gives the appearance of the display or exposure of any of the specified anatomical areas listed above in this definition.

B.

Restrictions as to location. Sexually-oriented land uses, as defined in § 150.204(D)(17), above, are to be restricted as to location in the following manner in addition to any other requirements of the zoning code:

1.

Any of the sexually-oriented land uses specified in this section shall not be located within a 1,000-foot radius of another such use.

2.

Any of the above sexually-oriented land uses shall not be located within a 1,000-foot radius of any area zoned for residential use.

3.

Any of the above sexually-oriented land uses shall not be located within a 1,000-foot radius of any church, or other place of religious worship, park, playground, or athletic field.

4.

Any of the above sexually-oriented land uses shall not be located within a one-mile radius of any school.

5.

The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel of property or the land use district boundary line to the nearest point of the property line from which the proposed land use is to be separated.

C.

Parking requirements. One space per 300 sq. ft. of gross floor area, or one space per person at the maximum capacity of the establishment (whichever is greater).

(18)

Vehicle repair and maintenance service. Vehicle repair and maintenance services include all land uses which perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) entirely within an enclosed building. This land use does not include those considered car detailing shop.

A.

Regulations.

1.

Storage of abandoned, unlicensed, or inoperable vehicles is prohibited.

2.

Facility shall provide a bufferyard with a minimum opacity of .60 along all property borders abutting residentially zoned property (§ 150.607).

B.

Parking requirements. One space per 300 square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles.

(19)

Car Detailing Shop. A facility which provides automobile-related services such as applying paint protectors, interior and exterior cleaning and polishing as well as installation of after market accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar items. However, engine degreasing or similar automobile cleaning services shall not be considered vehicle repair and maintenance service.

A.

Regulations.

1.

All work shall be done inside an enclosed building.

B.

Parking Requirements. One space per 300 square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles.

(20)

Artisan studio or artisan production shop. A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items, as either a principal use or accessory use. A studio is used by no more than three artists or artisans. An artisan production shop is an artisan studio used by more than three artists or artisans.

A.

Regulations.

1.

Artisan production shop is not allowed in the neighborhood office (NO) district.

2.

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (§ 150.607).

B.

Parking requirements. One space per 300 square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles.

(21)

Shooting range. Shooting range land uses include all uses which involve the use of the land for archery or the intentional discharge of a firearm (as defined in Section 1.1 of the Firearm Owners Identification Act), for purposes of sport, competition, training or recreation.

A.

Regulations.

1.

All shooting ranges shall be constructed pursuant to the range design standards published by the United States Department of Energy (2012) for indoor ranges and at a minimum shall ensure that no projectile shall leave the approved firing area within the structure. Construction plans for the shooting range shall be presented to and approved by the city prior to construction. Shooting ranges shall ensure that all safety mechanisms, including but not limited to; air handling, baffles and backstop, are fully functional at all times and shall provide proper maintenance of each such mechanism. In the event that any mechanism or device, designed to stop the progress of a projectile from leaving the shooting area, fails or appears to be not functioning correctly, the shooting range shall immediately close and all shooting cease until the defect is repaired.

No certificate of occupancy shall be issued for the shooting range until the owner of the shooting range files, with the building department, a certificate executed by an architect or professional engineer, licensed by the State of Illinois, certifying that the shooting range has been constructed in conformance with the design standards set forth in section 150.204(D)(20)(A)(3) above and certifying what caliber and firearm are safe for use at the shooting range.

2.

Shooting of firearms in a commercially operated range open to the general public shall only be permitted when a range safety officer, certified by a national organization such as the National Rifle Association or the National Shooting Sports Foundation, or other certifying agency such as the Illinois State Police is present and supervising the shooting range.

All persons utilizing a shooting range shall comply with the FOID Act. The operator of the shooting range, or the range safety officer shall verify possession of a FOID card of all users of the shooting range unless such user falls under an exception in the FOID Act (430 ILCS 65/2).

In the event the shooting range is: constructed in a manner, as certified by a professional engineer or architect, to be safe for only certain calibers or types of firearms, the owner of the shooting range and the range safety officer shall ensure that users of the shooting range only use firearms and calibers certified to be safe at the shooting range.

4.

Shooting ranges shall be operated as a "cold range" meaning persons entering the building and approaching a shooting position shall do so with the firearm to be discharged unloaded and shall not load such firearm until at the designated shooting point.

5.

No alcohol or other drug or substance which may cause impairment to a person shall be permitted at a shooting range. A range safety officer shall immediately remove any person whom the range safety officer believes is or may be impaired from the consumption of alcohol or other substance

6.

Shooting ranges shall comply with the noise standards (section 150.709) as applicable to commercial districts. Further, ranges shall be designed such that no reasonable person can hear the sound of the discharge from firearms at the property line where the shooting range is located.

B.

Parking.

1.

Shooting ranges shall comply with the parking requirements for indoor commercial entertainment.

(22)

Adult-use cannabis.

A.

Purpose: It is the intent of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

B.

Minimum requirements:

1.

Adult-use cannabis craft grower: In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

A facility may not be located within 100 feet (building wall to building wall) of a church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station.

2.

Adult-use cannabis cultivation center: In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

A facility may not be located within 100 feet of a church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station.

3.

Adult-use cannabis dispensing organization: In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

(a)

A facility may not be located within 100 feet of a church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station.

(b)

At least 75 percent of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.

(c)

A facility shall not host on-site consumption of cannabis.

4.

Adult-use cannabis infuser organization: In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

(a)

A facility may not be located within 100 feet of a church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station.

(b)

At least 75 percent of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act.

5.

Adult-use cannabis processing organization: In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

(a)

A facility may not be located within 100 feet of a church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station.

(b)

At least 75 percent of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act.

6.

Adult-use cannabis transporting organization: In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

(a)

A facility may not be located within 100 feet of a church, school other than an institution of higher learning, hospital, home for aged or indigent persons or for veterans, their spouses or children or any military or naval station.

(b)

The transporting organization shall be the sole use of the tenant space in which it is located.

7.

Facilities may not conduct any sales, storage, growing, processing, transportation or distribution of cannabis other than as authorized by the Act.

C.

Additional requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the Act, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs.

(E)

Storage or disposal land uses.

(1)

Indoor storage or wholesaling. Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 150.204(H)(7), below.

A.

Parking requirements. One space per 2,000 square feet of gross floor area.

(2)

Outdoor storage or wholesaling. Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, impound yards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard (see § 150.204(E)(4), below).

A.

Regulations.

1.

All outdoor storage areas, excluding operable vehicle storage, shall be completely enclosed by any permitted combination of buildings, structures, walls and fencing. Such walls and fencing shall be a minimum of six feet, and a maximum of ten feet in height and shall be designed to completely screen all stored materials from view at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 0.80 and nonresidentially zoned property by a bufferyard with a minimum opacity of 0.40 (see § 150.607).

2.

The storage of items shall not be permitted in permanently protected natural resource areas (see § 150.605).

3.

The storage of items shall not be permitted in required frontage landscaping or bufferyard areas.

4.

In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 150.704. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.

5.

Storage areas shall be separated from any vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

6.

Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

7.

Inoperative vehicles or equipment, or other items typically stored in a junkyard or salvage yard, shall not be stored under the provisions of this land use.

8.

All outdoor storage areas shall be located no closer to an adjacent zoned property than the required minimum setback for buildings on the subject property.

B.

Parking requirements. One space for every 10,000 square feet of gross storage area, plus one space per each employee on the largest work shift.

(3)

Personal storage facility. Personal storage facilities are land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as "miniwarehouses."

A.

Regulations.

1.

Facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement surrounding development.

2.

Facility shall provide a bufferyard with a minimum opacity of 0.80 along all property borders abutting residentially zoned property (see § 150.607).

3.

Shall comply with § 150.904, standards and procedures applicable to all special uses.

4.

No electrical power shall be run to the storage facilities, except for exterior lighting.

B.

Parking requirements. One space for each employee on the largest work shift.

(4)

Junkyard or salvage yard. Junkyard or salvage yard facilities are any land or structure used for a salvaging operation including but not limited to: the above-ground, outdoor storage and/or sale of waste paper, rags, scrap metal, and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use.

A.

Regulations.

1.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property.

2.

All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.

3.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

4.

Shall not involve the storage, handling or collection of hazardous materials (see § 150.711).

B.

Parking requirements. One space for every 20,000 square feet of gross storage area, plus one space for each employee on the largest work shift.

(5)

Waste disposal facility. Waste disposal facilities are any areas used for the disposal of solid wastes, but not including composting operations (see subsection (6), below).

A.

Regulations.

1.

Shall comply with all county, state and federal regulations.

2.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 150.607).

3.

All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.

4.

Operations shall not involve the on-site holding, storage or disposal of hazardous materials (as defined by § 150.711 and state and federal laws) in any manner.

5.

Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110 percent of the costs determined to be associated with said restoration (as determined by a third party selected by the city), shall be filed with the city by the petitioner (subject to approval by the city attorney), and shall be held by the city for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for waste disposal facilities owned by public agencies.)

B.

Parking requirements. One space for each employee on the largest work shift.

(6)

Composting operation. Composting operations are any land uses devoted to the collection, storage, processing and or disposal of vegetation.

A.

Regulations.

1.

Shall comply with all county, state and federal regulations.

2.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by non-agricultural land uses (see § 150.607).

3.

All buildings, structures, and activity areas shall be located a minimum of 100 feet from all lot lines.

4.

No food scraps or other vermin-attracting materials shall be processed, stored or disposed of on-site.

5.

Operations shall not involve the on-site holding, storage or disposal of hazardous wastes as defined by state statutes in any manner.

B.

Parking requirements. One space for each employee on the largest work shift.

(F)

Transportation land uses.

(1)

Off-site parking lot. Off-site parking lots are any areas used for the temporary parking of vehicles that are fully registered, licensed and operative. See also § 150.704 for additional parking regulations.

A.

Regulations.

1.

Access to an off-site parking lot shall only be permitted to a collector or arterial street.

2.

Access and vehicular circulation shall be designed so as to discourage cut-through traffic.

(2)

Airport/heliport. Airports and heliports are transportation facilities providing takeoff, landing, servicing, storage and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this chapter shall occur only in conjunction with an approved airport or heliport.

A.

Regulations.

1.

All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines.

2.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property not otherwise completely screened from activity areas by buildings or structures (see § 150.607).

B.

Parking requirements. One space per each employee on the largest work shift, plus one space per every five passengers based on average daily ridership.

(3)

Freight terminal. Freight terminals are defined as land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses and always requiring trans-shipment.

A.

Regulations.

1.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 150.607).

2.

All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.

3.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

4.

Outdoor storage areas shall provide a bufferyard with a minimum opacity of 1.00 along all property borders.

B.

Parking requirements. One space per employee on the largest work shift.

(4)

Distribution center. Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per §§ 150.204(H)(7), below.

A.

Regulations.

1.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see § 150.607).

2.

All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of 100 feet from all lot lines abutting residentially zoned property.

3.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

4.

Outdoor storage areas shall provide a bufferyard with a minimum opacity of 1.00 along all property borders.

B.

Parking requirements. One space per employee on the largest work shift.

(G)

Industrial land uses.

(1)

Light industrial land use. Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations): 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; 3) do not pose a significant safety hazard (such as danger of explosion); and 4) comply with all of the performance standards listed for potential nuisances in article 7. Light industrial land uses may conduct retail sales activity as an accessory use provided that the requirements of § 150.204(H)(7), below, are complied with.

A.

Regulations.

1.

All activities, except loading and unloading, shall be conducted entirely within the confines of a building.

B.

Parking requirements. One space per employee on the largest work shift.

(2)

Heavy industrial land use. Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; and 3) do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses which may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the performance standards listed in article 7. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.

A.

Regulations.

1.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting properties which are not zoned heavy industrial (see § 150.607).

2.

All outdoor activity areas shall be located a minimum of 100 feet from residentially zoned property. No materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.

B.

Parking requirements. One space per each employee on the largest work shift.

(3)

Communication tower. Communication towers include all free-standing broadcasting, receiving, or relay structures, and similar principal land uses; and any office, studio or other land uses directly related to the function of the tower, except for small wireless facilities.

A.

Requirements.

1.

Tower shall be located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property.

2.

The installation and continued maintenance of a bufferyard with a minimum opacity of 0.80 along property borders abutting residentially zoned property (see § 150.607).

B.

Parking requirements. One space per employee on the largest work shift.

(4)

Extraction use. Extraction uses include land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities.

A.

Regulations.

1.

Shall comply with all county, state and federal regulations.

2.

Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 150.607).

3.

All buildings, structures, and activity areas shall be located a minimum of 300 feet from all lot lines.

4.

Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to 110 percent of the costs determined to be associated with said restoration (as determined by a third party selected by the city), shall be filed with the city by the petitioner (subject to approval by the city attorney), and shall be held by the city for the purpose of ensuring that the site is restored to its proposed condition.

B.

Parking requirements. One space per each employee on the largest work shift.

(5)

Small wireless facility. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and (ii) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.

A.

Requirements:

(1)

Small wireless facilities shall be located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property, unless a variance is granted.

(2)

Small wireless facilities shall be no taller than 50 feet above ground or ten feet taller than the tallest existing utility pole within 300 feet, whichever is taller, without a variance.

B.

Parking requirements. Not required.

(H)

Accessory land uses. Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. Only those accessory uses listed below shall be permitted within the jurisdiction of this chapter. With the exception of a commercial apartment (see (1), below), in no instance shall an accessory use, cellar, detached garage, basement, tent or recreational trailer be used as a residence. With the exception of farm buildings, accessory structures located within a residential district shall be constructed or finished in a complimentary architectural style and with complimentary materials to the principal residential buildings in the neighborhood. Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard, except when there is a shoreyard. In instances where there is a shoreyard, shoreyards shall be treated as front yards and street yards as rear yards, whereby accessory structures may be located between a principal building and a street frontage on the same lot.

(1)

Commercial apartment. Commercial apartments are dwelling units which are generally located above the ground floor of a building used for a commercial land use—most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.

A.

Regulations.

1.

All commercial apartments shall be located above the first floor.

2.

The gross floor area devoted to commercial apartments shall be counted toward the floor area of a nonresidential development.

3.

A minimum of one off-street parking space shall be provided for each bedroom within a commercial apartment. Parking spaces provided by nonresidential land uses on the site may be counted for this requirement with the approval of the zoning administrator.

(2)

Private residential garage and/or utility/storage shed. A private garage or carport is a structure which primarily accommodates the sheltered parking of a passenger vehicle and/or the storage of maintenance equipment of the subject property. A utility/storage shed is an accessory structure which accommodates the storage of maintenance equipment and shall not be used to store cars, trucks or related nonrecreational vehicles. These structures must be located so as to be accessory to a principal land use on the same lot. Utility sheds in excess of 120 square feet of gross floor area, garages, and carports which exceed the lot coverage of the principle structure, are not permitted in residential districts.

A.

Regulations.

1.

One detached garage or carport and one attached garage or carport shall be permitted by right as set forth in § 150.105(B).

2.

One utility/storage shed (120 square feet or less) shall be permitted by right as set forth in § 150.105(B). Said structures do not require a building permit or concrete floor.

3.

No detached accessory building shall be located closer than ten feet to the principal building. In cases where at least one-hour fire-rated wall and ceiling are provided, the zoning administrator may allow a distance of less than ten feet but not less than five feet. Building overhangs shall be no less than three feet apart.

(3)

Company cafeteria. A company cafeteria is a food service operation which provides food only to company employees and their guests, which meets state food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.

(4)

Company provided on-site recreation. A company provided on-site recreational facility is any active or passive recreational facility located on the same site as a principal land use, and which is reserved solely for the use of company employees and their guests.

A.

Regulations.

1.

All structures and actively used outdoor areas shall be located a minimum of 50 feet from any residentially zoned property.

2.

Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 150.607). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

(5)

Outdoor display incidental to indoor sales and service (more than 12 days). See § 150.204(D)(5).

A.

Regulations.

1.

Shall comply with all conditions of § 150.204(D)(5).

2.

Display area shall not exceed 25 percent of gross floor area of principal building on the site.

(6)

In-vehicle sales and services incidental to on-site principal land use. See § 150.204(D)(8).

A.

Regulations.

1.

Shall comply with all conditions of § 150.204(D)(8).

(7)

Indoor sales incidental to storage or light industrial land use. These land uses include any retail sales activity conducted exclusively indoors which is incidental to a principal land use such as warehousing, wholesaling or any light industrial land use, on the same site.

A.

Regulations.

1.

Adequate parking, per the requirements of § 150.704, shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.

2.

The total area devoted to sales activity shall not exceed 20 percent of the total area of the buildings on the property, or a maximum of 5,000 square feet, whichever is less.

3.

Shall provide restroom facilities directly accessible from retail sales area.

4.

Retail sales area shall be physically separated by a wall from other activity areas.

(8)

Light industrial activities incidental to indoor sales or service land use. These land uses include any light industrial activity conducted exclusively indoors which is incidental to a principal land use such as indoor sales or service, on the same site.

A.

Regulations.

1.

The total area devoted to light industrial activity shall not exceed 15 percent of the total area of the buildings on the property, or 5,000 square feet, whichever is less. Areas devoted to artisan studio uses such as custom ceramics, glass, wood, paper, fabric, and similar crafts may exceed 5,000 square feet with the granting of a special use permit for such use.

2.

Production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by § 150.709 for all adjacent properties.

(9)

Home occupation. It is the intent of this section to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a commercial district. Approval of an expansion of a home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. Home occupations are economic activities performed within any single-family detached residence, which comply with the following requirements. Examples include personal and professional services, and handicrafts, which comply with all of the following requirements:

A.

Regulations.

1.

The home occupation shall be conducted only within the enclosed area of the dwelling unit.

2.

The use of an accessory structure in conjunction with a home occupation located on any lot whose principal use is residential may be permitted by a special use permit. The special use permit, without further action by the city council, shall be null and void coincidentally with the expiration of the home occupation permit.

3.

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

4.

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.

5.

No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

6.

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

7.

A permitted home occupation is restricted to a service-oriented business prohibiting the mass production of items or products or the sale of items or products on the premises. Examples of service-oriented businesses are, but are not limited to, computer programming, accounting, insurance agency and computer-based consulting and clerical services.

8.

A permitted home occupation shall not occupy more than 25 percent of the floor area of the dwelling. A dwelling's floor area shall not consist of areas located within garages, basements and attics.

9.

Persons employed by a permitted home occupation shall be limited to the resident family members only.

10.

Under no circumstances shall a vehicle repair or bodywork or auto-detailing business qualify as a home occupation.

11.

No vehicle exceeding a class B license plate shall be parked overnight in residentially zoned districts on the street, or in parking spaces or garages accessory to residential dwellings.

12.

No home occupation use, whenever commenced, shall be lawful unless the applicant first obtains and keeps current a valid home occupation permit from the city clerk and pays the appropriate fees in advance. No new permit shall be issued unless the proposed home occupation structure and use meets all requirements of this chapter. Only one permit per dwelling unit shall be issued.

13.

Notwithstanding anything in this article, upon payment of proper fees, a permit shall be issued for continuing a prior existing home occupation use prior to the effective date of this chapter, if such use meets all the requirements of this chapter. If such uses do not meet all the requirements of this section, they shall be nonconforming uses as defined and regulated in this chapter.

14.

Applicants shall pay a nonrefundable initial application fee as set forth in appendix A of this Code. Permits shall expire one year from the date of issuance or renewal. Applicants for renewal permits shall pay a nonrefundable renewal application fee as set forth in appendix A of this Code. An application is an initial application unless the applicant and address are the same as on an earlier permit which was actually issued.

(10)

In-family suites. In-family suites may be permitted as special uses within residential zoning districts. Rules to distinguish a one-family dwelling with an in-family suite, from a two-family dwelling include:

A.

The dwelling unit shall appear as a single-family dwelling. A separate walled garage area and/or driveway is not permitted;

B.

A separate address is not permitted;

C.

Separate utility connection and/or meters are not permitted;

D.

A physical all-weather connection between the main living area and the in-family suite must be present. This required connection may not occur through an attic, basement, garage, porch, or other non-living area. A door may be used to separate the in-family suite from the rest of the dwelling unit, but may not be locking, except that a locking door may be used for the bedroom and/or bathroom doors of this in-family suite;

E.

The in-family suite may contain separate kitchen, dining, bathroom, laundry, living, sleeping and recreation areas, including exterior porches, patios, and/or decks. In addition to the internal physical connection required above, separate outdoor access and/or separate access to the garage, may be provided. However, external stairs which serve as the primary access to the in-family suite are prohibited;

F.

The in-family suite may not be occupied by a non-family member.

G.

There must be a minimum of 200 square feet of habitable space for the first occupant and 150 square feet of space for each additional occupant of the in-family suite.

H.

In-family suites should be considered and regulated as part of a single-family dwelling unit;

I.

When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an in-family suite, the building plan shall be marked as "Not a separate dwelling unit nor apartment," and a signed letter from the applicant stating agreement with this condition shall be required.

(11)

Day care home (three to 12 children). Day care homes are occupied residences in which a qualified person or persons provide childcare for three to 12 children. The care of less than three children is not subject to the regulations of this chapter.

(12)

Day care group home (three to 16 children). Day care group homes are occupied residences in which a qualified person or persons provide childcare for three to 16 children.

(13)

Migrant labor camp. Migrant labor camps include any facility subject to the regulation of 210 ILCS 110.

A.

Regulations.

1.

Shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property lines adjacent to all properties in residential, office, or commercial zoning districts (see § 150.607).

2.

Migrant labor camp shall be an accessory use to an active principal use, under the same ownership, which is located within the city.

(14)

On-site parking lot. On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed, and operative. Refer also to § 150.704.

A.

Regulations.

1.

Access to an off-site parking lot shall only be permitted to a collector or arterial street.

2.

Access and vehicular circulation shall be designed so as to discourage cut-through traffic.

(15)

Private residential recreational facility. This land use includes all active recreational facilities located on a private residential lot which are not otherwise listed in appendix C. Materials and lighting shall limit light levels at said property line are to be equal to or less than 0.5 foot candles (see § 150.707). All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures. (See article 4.) Common examples of these accessory uses include swing sets, tree houses, playhouses, basketball courts, tennis courts, swimming pools, and recreation-type equipment. Private residential recreational facilities shall not be open to the public or used for commercial purposes.

A.

Regulations.

1.

Swimming pools shall be regulated by the performance standards provided in the building code.

2.

Playhouses shall not exceed 120 square feet or 12 feet in height and no more than one per lot. Utilities and storage are prohibited within the playhouse.

(16)

Private residential kennel. A maximum of any combination of six dogs, cats and/or pot belly pigs (over six months of age), but no more than three dogs or one pot belly pig in total are permitted by right for any one residential unit. Any residence housing a number of dogs, cats and/or pot belly pigs exceeding this number shall be considered a private residential kennel. Such a kennel (dogs only) shall require licensing by the city pursuant to section 18-39 of this Code. In addition to those requirements, a private residential kennel shall meet the following requirements.

A.

Regulations.

1.

For any number over three animals, a maximum of one additional animal per one acre shall be permitted.

2.

Outdoor containments for animals shall be located a minimum of 25 feet from any residentially zoned property and shall maintain a bufferyard with a minimum opacity of 0.60 (see § 150.607).

(17)

Private residential stable. A private residential stable is a structure facilitating the keeping of horses (or similar animals) on the same site as a residential dwelling.

A.

Regulations.

1.

A minimum lot area of 175,000 square feet (four acres) is required for a private residential stable.

2.

A maximum of one horse per two net acres of fully enclosed (by fencing and/or structures) area is permitted.

3.

Outdoor containments for animals shall be located a minimum of 100 feet from any residentially zoned property.

4.

The minimum permitted size of horse or similar animal stall shall be 100 square feet.

(18)

Drainage structure. These include all improvements including, but not limited to swales, ditches, culverts, drains, tiles, gutters, levees, basins, detention or retention facilities, impoundments, and dams intended to affect the direction, rate and/or volume of stormwater runoff, snow melt, and/or channelized flows across, within and/or away from a site.

A.

Regulations.

1.

Shall comply with §§ 150.204(J) for the placement of drainage structures in permanently protected natural resource areas.

2.

Shall comply with §§ 150.204(J) regarding protection measures for drainageways.

3.

Any drainage improvement shall not increase the rate or volume of discharge from the subject property onto any adjacent properties, except where regional stormwater management facilities such as storm sewers and retention or detention facilities, owned and/or operated by the city, are in place to serve the subject property.

(19)

Filling. Filling includes any activity in an area over 4,000 square feet, or greater than 500 cubic yards of fill, involving the modification of the earth's surface above that in its undisturbed state.

A.

Regulations.

1.

Shall comply with §§ 150.204(J) regarding filling activities in permanently protected natural resource areas.

2.

Shall comply with article 5 regarding protection measures for natural resources.

3.

Shall not impede on-site drainage.

4.

Shall comply with provisions of the subdivision ordinance.

(20)

Lawn care. Lawn care includes any activity involving the preparation of the ground, installation and maintenance of vegetative ground cover (including gardens) which complies with the Belvidere Municipal Code.

(21)

Exterior communication devices (e.g. satellite dishes, ham radio towers, TV antennas). This land use includes any antennas used or intended for communication reception.

A.

Regulations.

1.

Except for television antennas and satellite dishes 18 inches or smaller, exterior communication devices shall not be visible from a public street.

2.

Devices must be sited an equal or greater number of feet from any property lines as their maximum height and may not be located in a required street yard.

3.

The applicant must demonstrate that all reasonable mechanisms have been used to mitigate safety hazards and the visual inputs of the device.

(22)

Caretaker's residence. This land use includes any residential unit that provides permanent housing for a caretaker of the subject property in either an attached or detached configuration.

A.

Regulations.

1.

Shall provide housing only for on-site caretaker and family.

(23)

Wind energy system. This land use includes wind generation systems that are used to generate electricity. See § 150.714 for wind energy systems standards.

(I)

Temporary land uses.

(1)

General temporary outdoor sales. Includes the display of any items outside the confines of a building which is not otherwise permitted as a permitted or special use, or a special event otherwise regulated by this Code. Examples of this land use include but are not limited to: seasonal garden shops and tent sales.

A.

Temporary use regulations.

1.

Display shall be limited to a maximum of six days in any calendar year.

2.

Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

3.

Signage shall comply with the requirements for temporary signs in article 10.

4.

Adequate parking shall be provided.

5.

If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

6.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

(2)

Outdoor assembly. Includes any organized outdoor assembly of more than 100 persons.

A.

Temporary use regulations.

1.

Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

2.

Signage shall comply with the requirements for temporary signs in article 10.

3.

Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the application.

4.

If subject property is located adjacent to a residential area, activities shall be limited to daylight hours, unless otherwise specifically approved by the city.

5.

Adequate provisions for crowd control shall be made, and shall be described within the application.

6.

Use shall be limited to three days per event and no more than six events per year.

7.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

(3)

Contractor's project office. Includes any structure containing an on-site construction management office for an active construction project.

A.

Temporary use regulations.

1.

Structure shall not exceed 2,000 square feet in gross floor area.

2.

Facility shall be removed within ten days of completion of or issuance of occupancy permit for construction project.

3.

Shall not be used for sales activity (see §§ 150.204(I)(6), below).

4.

Projects requiring land use to be in place for more than 365 days shall require a special use permit.

5.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

(4)

Contractor's on-site equipment storage facility. Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project.

A.

Temporary use regulations.

1.

Facility shall be removed within ten days of completion of or issuance of occupancy permit for construction project.

2.

Shall be limited to a maximum area not exceeding ten percent of the property's gross site area.

3.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

(5)

Relocatable building. Includes any manufactured building which serves as a temporary building for less than six months.

A.

Temporary use regulations.

1.

Shall conform to all setback regulations.

2.

Shall conform to all building code regulations.

3.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

(6)

On-site real estate sales office. Includes any building, including a model home that serves as an on-site sales office for a development project.

A.

Temporary use regulations.

1.

Structure shall not exceed 3,000 square feet in gross floor area.

2.

Facility shall be removed or converted to a permitted land use within ten days of the completion of sales activity.

3.

Signage shall comply with the requirements for temporary signs in article 10.

4.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

(7)

Seasonal outdoor sales of farm products. Includes any outdoor display of farm products not otherwise regulated by the Belvidere Municipal Code.

A.

Temporary use regulations.

1.

Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

2.

Signage shall comply with the requirements for temporary signs in article 10.

3.

Adequate parking shall be provided.

4.

If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

5.

Use shall be limited to no more than 60 days per year.

6.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

(8)

Garage sales. Up to two garage sales per calendar year are permitted subject to the provisions of this section.

A.

Temporary use regulations.

1.

Display shall be limited to a maximum of three days per event.

2.

Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

3.

Signage shall comply with the requirements for temporary signs in article 10.

4.

Adequate parking shall be provided.

5.

If subject property is located in a residential area, sales and display activities shall be limited to daylight hours.

6.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

(9)

Construction dumpsters. Includes any commercial sized refuse receptacle that is used for the purpose of storing excess materials and debris from active construction sites.

1.

Construction dumpsters shall be removed at time of certificate of occupancy issuance or if on-site building activity has ceased for a period of 30 consecutive days.

2.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

*This category will be listed under List of Allowable Temporary Uses in all regulated zoning districts.

(10)

Temporary outdoor food stands. Includes the sale of food and drink from push carts, two wheel carts and two wheel trailers outside the confines of a building which is not otherwise permitted as a permitted or special use, or a special event otherwise regulated by this Code.

A.

Temporary use regulations.

1.

Display shall be limited to the period from April 1 to November 30 of each year.

2.

Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

3.

Only the warming and cooling of food and beverages shall be permitted.

4.

No grills or open flames are allowed.

5.

Generators shall be prohibited.

6.

If subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

7.

All carts and accessories shall be removed daily.

8.

Shall comply with § 150.905, standards and procedures applicable to all temporary uses.

(11)

Temporary outdoor seating and services. Includes additional seating areas that are accessory to land uses classified as indoor sales and services. Seating areas shall be used for the consumption of food and beverages only and for a limited portion of the calendar year. (Activities such as providing music, entertainment, installing permanent structures, etc. shall fall under the land use classification of outdoor commercial entertainment.)

A.

Temporary use regulations.

1.

The outdoor seating area shall operate only between 7:00 a.m. and 8:00 p.m.

2.

The outdoor seating area shall have a visible barrier such as a fence or other structure sturdy enough to prevent refuse from leaving the area.

3.

There should be adequate garbage cans for disposal of any trash provided within the outdoor seating area.

4.

If the outdoor seating area is located on the private sidewalks, it shall leave adequate area to meet pedestrian orientated ADA requirements and fire codes relating to ingress and egress. Seating shall not be located in the parking area.

5.

The outdoor seating area shall not block ingress or egress from the restaurant or neighboring businesses.

6.

The outdoor seating area shall not be distracting to passing pedestrians or vehicles.

7.

All outdoor furniture shall be removed daily.

8.

The temporary use shall comply with all other applicable codes and ordinances in addition to § 150.905, standards and procedures applicable to all temporary uses.

(J)

Natural resource disruption mitigation standards. In all developments, certain areas may be required to be set-aside as permanently protected natural resource area for the purpose of natural resource protection, to meet a minimum landscape surface ratio (LSR) requirement. Where such permanently protected natural resource area is required, and where the land use is also permitted per the land use regulations of the applicable conventional zoning district (see § 150.204, detailed land use descriptions and regulations), the following regulations shall also be employed to establish land use regulations. All land uses listed in § 150.204 but not listed in this section are prohibited in permanently protected natural resource areas. For all land uses, disruption to natural resource areas shall comply with the requirements of article 5 and the subdivision ordinance pertaining to drainage, grading and erosion control. All land uses located within permanently protected natural resource areas shall comply with the following:

(1)

Cultivation.

A.

Permitted by right.

1.

Permitted only if designated on the submitted site plan, and/or the recorded plat as an "area that may be used for cultivation".

(2)

Passive outdoor public recreational area.

A.

Permitted by right.

1.

Limited to a 20-foot wide area in permanently protected natural resource areas. Permitted in other permanently protected areas without restriction.

2.

Non-native vegetation shall not be permitted to spread into permanently protected natural resource areas beyond said 20-foot wide area.

(3)

Active outdoor public recreational area.

A.

Permitted by right.

1.

Non-native vegetation shall not be permitted to spread into permanently protected natural resource areas.

(4)

Outdoor institutional.

A.

Permitted by right.

1.

Non-native vegetation shall not be permitted to spread into permanently protected natural resource areas.

(5)

Lawn care.

A.

Permitted by right.

1.

Non-native ground cover shall not be permitted to spread into permanently protected natural resource areas. Clearance of understory growth shall be permitted.

2.

Only disturbance associated with the care of native vegetation is permitted, with the exception of a 20-foot wide access path, which may be cleared for passive recreation purposes.

3.

Each property abutting a natural resource area shall be limited to one such access path.

4.

Non-native vegetation (such as domestic lawn grasses) shall not be introduced into natural resource areas beyond said 20-foot wide access path.

(6)

Golf course.

A.

Permitted by right.

1.

Non-native vegetation shall not be permitted to spread into permanently protected natural resource areas.

2.

Only disturbance associated with the care of native vegetation is permitted. Green space areas located within or adjacent to golf play areas shall be incorporated into the course design as out-of-bounds play hazards, and shall be maintained in their natural state.

(7)

Any permitted temporary use.

A.

Permitted by right.

1.

Activity shall in no manner encroach upon permanently protected natural resources areas. Party securing the temporary use permit shall be responsible for restoring all such natural resource areas to an undamaged state, or shall be considered in violation of the provisions of this chapter.

(8)

Drainage structure.

A.

Permitted as a special use.

1.

Structure shall be deemed necessary by the city.

2.

Natural vegetation shall be restored in disturbed areas.

(9)

Filling.

A.

Permitted by right.

1.

Filling in the floodway shall be done only as required by a necessary road, bridge, utility, or other infrastructure facility, which has been deemed necessary by the department of public works.

2.

Natural vegetation shall be restored in disturbed areas.

3.

In no instance shall filling raise the base flood elevation.

(10)

Road and/or bridge.

A.

Permitted by right.

1.

May locate in or across a natural resource areas only in conjunction with a boat landing, or when deemed essential by the department of public works.

2.

May locate in other permanently protected natural resource areas if designed to provide an essential service to an activity area located within the green space area, which cannot be efficiently reached from another point.

3.

Road networks shall be designed, when possible, to circumvent permanently protected natural resource areas, thereby eliminating the need for intrusions and crossings.

(11)

Utility lines and related facilities.

A.

Permitted as a special use.

1.

May locate in or across a natural resource areas only when deemed essential by the department of public works.

2.

May locate in other permanently protected natural resource areas if designed to provide an essential service to an activity area located within the green space area, which cannot be efficiently reached from another point.

3.

In general, utility lines shall be designed to circumvent permanently protected natural resource areas, thereby eliminating the need for intrusions and crossings.

(12)

Piers and wharfs.

A.

Permitted by right.

1.

A site plan shall be required per § 150.906 for construction, erection, placement or extension of a pier or wharf, with specific information provided regarding: its location in relation to the shoreline and abutting riparian property lines, and regarding dimensions and building materials.

(Ord. of 3-6-06; Ord. No. 848G, § 1, 9-5-06; Ord. No. 880G, § 1, 1-2-07; Ord. No. 957G, § 1, 4-7-08; Ord. No. 2H, § 1, 1-5-09; Ord. No. 15H, § 1, 5-4-09; Ord. No. 24H, §§ 3—5, 9-8-09; Ord. No. 76H, § 1, 10-4-10; Ord. No. 141H, §§ 3—5, 2-20-12; Ord. No. 323H, § 2, 1-3-17; Ord. No. 375H, § 2, 11-6-17; Ord. No. 425H, §§ 17—19, 10-1-18; Ord. No. 453H, § 6, 5-6-19; Ord. No. 481H, § 8, 2-3-20; Ord. No. 537H, § 2, 6-21-21; Ord. No. 587H, §§ 4—6, 7-5-22; Ord. No. 701H, §§ 15—17, 11-4-24)

(A)

Definition. A group development is a special use development containing:

(1)

Two or more structures containing principal land uses on the same lot, except for agricultural uses on lands zoned RH, and on lands zoned GB, GI or HI;

(2)

Any new institutional or commercial buildings in excess of 40,000 gross square feet.

(3)

Any building additions to institutional, or commercial buildings that bring the total building size to over 40,000 gross square feet. These regulations shall apply to the building addition, the older portions of the building constructed prior to the adoption of this section, and to the site.

A group development does not offer the ability to customize the regulations of this zoning ordinance as could be achieved using a planned development per § 150.105(E).

(B)

Special use regulations. Any land use that is permitted as a permitted by right land use or as a special land use within the applicable zoning district(s) is permitted to locate within a group development. The detailed land use regulations of this subsection that pertain to individual land uses shall also apply to individual land uses within a group development, as will all other applicable provisions of this ordinance. Therefore, land uses permitted by right in the zoning district shall be permitted by right within an approved group development (unless otherwise restricted by the conditions of approval imposed during the special use approval for the group development as a whole), and land uses permitted as a special use in the zoning district shall be permitted within the group development only with special use approval for the specific use. In all cases, the following special use conditions shall be applied to the group development as a whole, and to individual uses within the group development:

(1)

All required off-street parking spaces and access drives shall be located entirely within the boundaries of the group development.

(2)

The development shall contain a sufficient number of waste bins to accommodate all trash and waste generated by the land uses in a convenient manner.

(3)

No group development shall take access to a local residential street.

(4)

All development located within a group development shall be located so as to comply with the intent of this chapter regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory structures and buildings located within group developments shall be situated within building envelopes that serve to demonstrate complete compliance with said intent. Building envelopes shall be depicted on the site plan required for review of group developments. The use of this approach to designing group developments will also ensure the facilitation of subdividing group developments in the future, if such action is desired.

(5)

The following standards shall apply to all group developments:

A.

Building exterior materials shall be of high quality on all sides of the structure including glass, brick, decorative concrete block, or stucco. Decorative architectural metal with concealed fasteners may be approved with special permission from the city.

B.

Building exterior design shall be unified in design and materials throughout the structure, and shall be complementary to other structures in the vicinity. However, the development shall employ varying building setbacks, height, roof, treatments, door and window openings, and other structural and decorative elements to reduce the apparent size and scale of the structure. A minimum of 20 percent of the combined facades of the structure shall employ actual facade protrusions or recesses. A minimum of 20 percent of the combined linear roof eave or parapet lines of the structure shall employ differences in height of eight feet or more. Roofs with particular slopes may be required by the city to complement existing buildings or otherwise establish a particular aesthetic objective.

C.

Mechanical equipment, refuse containers and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior.

D.

Standard corporate trademark building designs, materials, architectural elements, and colors all shall be acceptable, as determined by the city, only as subtlety integrated into the more generic design of the building as a whole. Color schemes of all architectural elements shall be muted, neutral, nonreflective and non-use nor tenant specific.

E.

Public entryways shall be prominently indicated from the building's exterior design, and shall be emphasized by on-site traffic flow patterns.

F.

Loading areas shall be completely screened from surrounding roads, residential, office, and commercial properties. Screening may be accomplished by ensuring internal loading areas, screening wall that will match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above. Gates and fencing may be used for security purposes, but not for screening, and shall be of high aesthetic quality.

G.

Vehicle access from public streets shall be designed to accommodate peak traffic volumes without disrupting traffic on public streets. The impact of traffic generated by the proposed development shall be demonstrated by a traffic impact analysis performed by the applicant's traffic engineer to not adversely impact off site public roads, intersections, interchanges during the traffic peak associated with a full parking lot. Where the project shall adversely impact offsite traffic, the city may deny the application, may require a size reduction in the proposed development, may require access control/consolidation of driveways to and from development, and/or may require off-site improvements.

H.

Parking lot design shall employ interior landscaped islands with a minimum of 360 square feet at all parking islands, and in addition shall provide a minimum of one landscaped island of a minimum of 360 square feet in each parking isle for every 20 cars in that aisle. Aisle-end islands shall count toward meeting this requirement. Landscaped medians shall be used to break large parking areas into distinct pods, with a maximum of 100 spaces in any one pod.

I.

A minimum of one 200 square foot cart return area shall be provided for every parking area pod. For commercial retail establishments, there shall be no exterior cart return nor cart storage areas located within 25 feet of the building in areas located between the building and a public street.

J.

The applicant shall demonstrate full compliance with city standards for stormwater, utilities, erosion control and public safety.

K.

On site landscaping shall be provided per the landscaping requirements of the city zoning ordinance except that building foundation landscaping and paved area landscaping shall be provided at 1.5 times the required landscape points for development in the zoning district.

L.

A conceptual plan for exterior signage shall be provided at time of detailed site plan or GDP that provides for coordinated and complimentary exterior sign location, configurations, and colors throughout the planned development. All freestanding signage within the development shall compliment the on-building signage. Freestanding sign materials and design shall compliment building exterior, and may not exceed the maximum height requirement of the zoning ordinance and Belvidere Municipal Code.

M.

The entire development shall provide for full and safe pedestrian and bicycle access within the development, and shall provide appropriate connections to the existing and planned pedestrian and bicycle facilities in the community and in surrounding neighborhoods, including sidewalk connections to all building entrances from all public streets. The development shall provide secure bicycle parking and pedestrian furniture in appropriate quantities and location. A central pedestrian gathering area shall be provided.

(C)

Discrimination against condominium forms of ownership. It is not the intent of this section, nor any other provision of this chapter, to discriminate against condominium forms of ownership in any manner which conflicts with Illinois State Statutes. As such, the provisions of this section are designed to ensure that condominium forms of ownership are subject to the same standards and procedures of review and development as other physically identical forms of development.

(Ord. No. 801G, § 3, 3-6-06)