Bloomington City Zoning Code
ARTICLE X
Use Provisions
§ 44-1001 [Ch. 44, 10-1] Purpose and intent.
This section is established in recognition that certain uses cannot be treated in the same manner as other uses due to their very nature and unique characteristics which may affect public health, safety and welfare; establish a public nuisance; conflict with the character of a neighborhood; impair the social and economic well-being of neighboring properties; impair the general development of an area; or operate in a manner contrary to the intent and purpose of this Code. These uses, when properly placed and regulated, can contribute to the economic vitality of the City. Therefore, it is the purpose of this section to specify minimum standards that shall be required for certain land uses, in addition to the underlying zoning district regulations, to improve compatibility with neighboring properties and discourage incompatible land uses.
§ 44-1002 [Ch. 44, 10-2] Applicability.
[Amended 2-27-2023 by Ord. No. 2023-19; 9-23-2024 by Ord. No. 2024-076]
The provisions of this section apply to all Zoning Districts unless indicated otherwise. If there is a conflict between this section and the individual requirements of the Zoning District, the Zoning Administrator shall determine which standards control.
A.
When a use that is permitted by right is unable to comply with an associated use provision, the use may be permitted as a special use, in accordance with the requirement of Article XVII, which may grant a waiver to the subject provision.
B.
Uses subject to a special use permit may be granted a waiver to any use provision as part of that permit, subject to the approval of the reviewing board or commission.
§ 44-1003 [Ch. 44, 10-3] Airports and landing fields.
A.
Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan shall also indicate approach zones, terminals, runways, taxi ways, aprons, and navigational aids.
B.
Maximum height. Height of structures shall be limited in accordance with the requirements of the Federal Aviation Administration and the Illinois Department of Aeronautics for the class of airport or landing field being proposed.
C.
The following minimum site and bulk standards shall be required for the siting and development of any airport and landing field.
Table 1003: Airport and Landing Field Bulk Standards | |||||
|---|---|---|---|---|---|
Lot Standards | Site Design Standards | ||||
Min. Lot Area | Min. Lot Width | Min. Lot Depth | Front Yard | Side Yard | Rear Yard |
28 acres | 250 feet | 1,900 feet | 100 feet | 50 feet | 100 |
§ 44-1004 [Ch. 44, 10-4] Animal detention facilities, kennels with outdoor exercise.
A.
Location. An animal detention facility or kennel with outdoor exercise facilities shall not be located closer than 300 feet to a residential district boundary line.
(1)
Outdoor areas for animals (animal runs and animal exercise areas) shall be located at least 1,000 feet away from the lot line of any lot zoned in a Residential District, or at least 1,000 feet away from the lot line of any lot that is the site of a dwelling.
B.
Screening. In addition to the requirements of Article XIII of this Code, a six-foot high fence shall be required to enclose outdoor animal areas.
C.
Building height. The maximum permitted building height shall be 15 feet or 1 1/2 stories, whichever is lower.
D.
The following minimum site standards shall be required for the siting and development of any animal detention facility or kennel with outdoor exercise.
Table 1004: Animal Detention, Kennels with Outdoor Exercise Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
1 acre | 100 feet | 20 feet | 20 feet | 20 feet |
§ 44-1005 [Ch. 44, 10-5] Apiary, beekeeping.
No person shall maintain any colony of bees, including honey bees, combs, honey, pollen, and brood, anywhere in the City without complying with the following requirements.
A.
It shall be the duty of any person keeping honey bees on property in the City to maintain each colony so as not to create a public nuisance.
B.
Honey bee colonies shall, in addition, shall be maintained in the following condition:
(1)
All honey bee hives shall be registered with the State Department of Agriculture as required by state law.
(2)
Colonies shall be maintained in movable frames or similar hives located in the side or rear yard not less than 10 feet from any property lines.
(3)
Adequate techniques, such as requeening, in handling bees, and adequate space in the hive shall be maintained to prevent unprovoked stinging 10 feet or more from the hive.
(4)
Lots having less than one acre of land shall be permitted by right to have not more than two hives.
(5)
Lots having equal to or greater than one acre of land shall be permitted to have not more than two hives plus as a conditional use one additional hive for every half acre of land over one acre.
C.
Any other nest or colony of stinging insects, such as yellow jackets, hornets, other varieties of bees, and wasps, including Vespidae, in trees, buildings, underground, or in any other space, diseased colony of honey bees, or any colony of bees not maintained in compliance this Code, constitutes a public nuisance. The existence of a nest of wild bees of any type, not cultivated by any person and whose honey is not harvested by any person, shall not constitute a violation of this Code unless such a nest is in such location as to present a threat of stinging to any person on any public street, sidewalk, mall, park, or public space, or to make any person in any parking lot, sidewalk, mall, park, or other public place, or to any person in any parking lot, sidewalk, or other place open to the public in a shopping center or other privately owned property open to the public, or to any person on adjacent private property.
Diagram 1005  |
§ 44-1006 [Ch. 44, 10-6] Asphaltic concrete plants.
A.
Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan shall also indicate the following:
(1)
Site size in acres;
(2)
Existing physical features (e.g., drainage easements, streams, and wetlands);
(3)
Proposed utilities showing size, types, location, and elevations (including water mains, valves, hydrants, sanitary sewers, and storm sewers);
(4)
Location of refuse storage areas (dumpsters must be screened in accordance with Article XIII of this code);
(6)
Finished grading plan of the site at two-foot contour intervals;
(7)
Drainage plan indicating direction of run-off flow, location of catch basins and water retention and/or detention areas; land to be dedicated for streets and drainage right-of-way and easements for other utilities.
(8)
Truck routing plan for routing truck traffic to the site of the proposed asphaltic concrete plant.
B.
Location.
(1)
The closest lot line for any proposed asphalt plant shall not be located closer than 2,000 feet from the lot line of any dwelling, daycare center, pre-school, or school.
(2)
The proposed site for the asphaltic concrete plant shall be contiguous to a major or collector street that has been improved (thickness and width) to accommodate the anticipated traffic in accordance with the Bureau of Local Roads and Streets Manual, published by the Illinois Department of Transportation.
C.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following minimum buffers and screening shall be required.
(1)
A wire mesh or chain link fence shall be installed and maintained around the perimeter of the site. Said fence shall have a height of at least eight feet. All gates in the fence shall be locked whenever workers are not present.
(2)
An asphaltic concrete plant shall provide a natural buffer strip at least 100 feet wide between the working edge of any plant operation and any property boundary. Natural buffer strip materials may consist of earthen berm of not less than six feet in height, hedges, rows of trees or other fast-growing foliage that will obscure the sight of the asphalt plant's operation.
D.
Paving. The facility shall have a driveway paved with an approved concrete or asphalt/concrete surface and at least 25 feet wide wherever any continuous truck traffic is proposed. With the exception of equipment and material storage areas, all parking and traffic circulation areas shall be hard surfaced.
E.
Operational standards.
(1)
The hours of operation for any asphaltic concrete plan shall be limited to 6:00 a.m. to 7:30 p.m., Monday through Saturday. Expanded hours and Sunday operations may be allowed on an occasional basis (no more than 12 projects per year) provided such operation is registered in advance with the City of Bloomington. During expanded hours and Sunday operation, the City Manager may impose additional restrictions reasonably related to health, safety, and welfare.
(2)
The proposed asphaltic concrete plant shall comply with all applicable regulations of the Illinois Environmental Protection Agency. Any proposed hot-mix asphaltic concrete plant shall be equipped with a fabric filter (bag house) operating consistently with a six to one (or less) air-to-cloth ratio or operate a wet collector which can achieve a pressure drop of 16 inches or more or provide an air pollution control system of at least equal quality.
(3)
Any automatic batching equipment and recording equipment on a hot-mix asphaltic concrete plant shall meet the requirements currently set forth in the American Society for Testing Materials (ASTM) designation 995, Paragraphs 3.6 and 3.7. Any proportioning, sampling, and recording equipment on and at a continuous-mix asphaltic concrete plant on the platform scales shall meet the requirements currently set forth in the ASTM Designation 995, Paragraphs 4.5 and 4.6.
F.
Noise. In addition to the standards of § 44-911D, low frequency noise readings from the burners at a hot-mix asphaltic concrete plant shall not exceed the following:
G.
The following minimum lot standards shall be required for the siting and development of any asphaltic concrete plant.
Table 1006: Asphaltic Concrete Plants - Lot Standards | |
|---|---|
Min. Lot Area | Min. Lot Width |
10 acres | 200 feet |
§ 44-1007 [Ch. 44, 10-7] Bed-and-breakfast establishments.
A.
Any structure devoted to a bed-and-breakfast use shall have been constructed prior to 1950.
B.
A building floor plan shall be filed as part of the application for a bed-and-breakfast establishment. The floor plan shall designate areas to be used as a bed-and-breakfast establishment and identify all means of egress, all required exit signs, all rest room facilities, and all food preparation/storage areas.
C.
Parking. Off-street parking spaces required pursuant to Article XII of this Code shall be located on the same lot as the bed-and-breakfast establishment, on an abutting lot, or on a lot not more than 500 feet from the site of such bed-and-breakfast establishment.
D.
The following minimum site and bulk standards shall be required for the siting and development of any bed-and-breakfast establishments.
Table 1007: Bed-and-breakfast Establishment - Bulk Standards | ||
|---|---|---|
Min. Lot Area | Min. Lot Width | Max. Building Height |
7,000 square feet | 60 feet | 3 stories |
§ 44-1008 [Ch. 44, 10-8] Camps and camping establishments.
A.
Location. Camps and camping establishments shall be so located as to have direct access from an improved major or collector roadway to avoid routine ingress and egress through residentially developed neighborhoods.
B.
Repair work for travel trailers, recreational vehicles and similar vehicles shall be permitted only for the maintenance and upkeep of those vehicles housed on the property and shall be carried on only within a completely enclosed building.
C.
Permanent drinking and toilet facilities shall be provided in accordance with applicable regulation of the McLean County Health Department.
D.
Building height. The maximum permitted building height shall be 15 feet or one story, whichever is lower.
E.
The following minimum site and bulk standards shall be required for the siting and development of any camp or camping establishment.
Table 1008: Camps and Camping Establishments Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
10 acres | 300 feet | 20 feet | 20 feet | 20 feet |
§ 44-1009 [Ch. 44, 10-9] Car washes.
A.
Location. The facility shall be located on a major or collector street or a frontage road and shall not be located closer than 120 feet of a Residential District boundary.
B.
Site standards.
C.
Parking. All exterior lighting shall comply with § 44-911 and shall not increase the intensity of light within 10 feet of a Residential District boundary line by more than 1/2 footcandles.
D.
Building height. The maximum permitted building height shall be 20 feet or one story, whichever is lower.
E.
The following minimum site and bulk standards shall be required for the siting and development of any car washes.
Table 1009: Car Washes Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
10,000 square feet | 70 feet | 40 feet | 15 feet | 20 feet |
§ 44-1010 [Ch. 44, 10-10] Cemeteries.
A.
Site standards.
(1)
Water shall be available within 400 feet of all grave sites.
(2)
Trash receptacles shall be located adjacent to internal roadways and not more than 200 feet apart. No rubbish shall be allowed to accumulate upon the site except within trash receptacles.
(3)
Storage of any maintenance machinery or other equipment shall be within completely enclosed buildings.
B.
Roadways. All roadways shall be a minimum of 14 feet in width and shall have a minimum surface improvement of Class A-3 or equivalent with an eight inch crushed aggregate base.
C.
Building or structure height. The maximum permitted height for any building or structure shall be 30 feet or two stories, whichever is lower.
D.
The following minimum lot standards shall be required for the siting and development of any cemetery.
Table 1010: Cemetery Lot Standards | |
|---|---|
Min. Lot Area | Min. Lot Width |
2 acres | 150 feet |
§ 44-1011 [Ch. 44, 10-11] Chicken-keeping.
[Amended 10-24-2022 by Ord. No. 2022-99; 3-25-2024 by Ord. No. 2024-015]
A.
On lots less than or equal to one acre with a primary use of a single-family or two-family dwelling, or primary use of 1) preschools, 2) private and public schools, and 3) boarding schools, the keeping of up to four chickens may be permitted as an accessory use and shall comply with Chapter 8 and Chapter 22 of the Bloomington Code, 1960, as amended.
B.
On lots greater than one acre with a primary use of a single-family or two-family dwelling, or primary use of 1) preschools, 2) private and public schools, and 3) boarding schools, the keeping of up to four chickens plus one additional chicken per half acre in excess of one acre may be permitted as an accessory use and shall comply with Chapter 8 and Chapter 22 of the Bloomington Code, 1960, as amended.
C.
Neither the keeping of roosters nor the keeping of chickens for slaughter shall be permitted.
D.
Chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times. This does not include a standard privacy fence which encloses the yard area along the property line.
E.
Enclosures are not permitted in any front or side yard and shall be set back a minimum distance of 10 feet from all property lines.
F.
All feed and other items associated with the keeping of chickens that are likely to attract or to become affected by pests shall be protected and stored.
§ 44-1012 [Ch. 44, 10-12] Clubs and lodges.
A.
The following minimum lot standards shall be required for the siting and development of any club or lodge.
Table 1012: Clubs and Lodges Standards | |
|---|---|
Min. Lot Area | Min. Lot Width |
10,000 square feet | 70 feet |
§ 44-1013 [Ch. 44, 10-13] Community centers, sports and fitness establishments.
A.
Fencing. A forty-two inch high wire mesh or chain link fence shall enclose children's outdoor play areas.
B.
The following minimum lot standards shall be required for the siting and development of any community center or sports and fitness establishment.
Table 1013: Community Centers, Sports and Fitness Lot Standards | |
|---|---|
Min. Lot Area | Min. Lot Width |
20,000 square feet | 100 feet |
§ 44-1014 [Ch. 44, 10-14] Community reception establishments.
[Amended 10-26-2020 by Ord. No. 2020-69; 10-24-2022 by Ord. No. 2022-99; 9-23-2024 by Ord. No. 2024-076; 4-28-2025 by Ord. No. 2025-034]
A.
Location. In residential areas, a community reception establishment shall be separated from other community reception establishments by a minimum distance (from lot line to lot line) of 600 feet.
B.
(Reserved)
C.
(Reserved)
D.
A building floor plan shall be filed as part of the application for a community reception establishment. The floor plan shall designate areas to be used as a community reception establishment and identify all means of egress, all required exit signs, all rest room facilities, and all food preparation/storage areas.
E.
Operational standards in residential areas.
(1)
At least 24 hours prior to any event, the owner/operator of the reception establishment shall transmit written notice to the Director of Development Services stating the date, hours of operation, and expected maximum occupancy.
(2)
The maximum permitted occupancy for an event is 30 persons (exclusive of those persons staying at the bed-and-breakfast portion of the premises), and there shall be no more than three events per week. However, events with occupancy of up to 100 persons (exclusive of those persons staying at the bed-and-breakfast portion of the premises) may be permitted for not more than two events per month subject to a limitation of 18 such events per calendar year.
(3)
Indoor social events shall not begin prior to 9:00 a.m. nor end after 10:00 p.m., prevailing time.
(4)
Outdoor social events shall not begin prior to 9:00 a.m. nor end after 9:00 p.m., prevailing time.
(5)
Outdoor amplified sounds are prohibited.
F.
Any articles offered for sale at community reception establishments must be arranged in a home like manner; the volume of such sales must be such that the sales are incidental to the principal use of the premises as a community reception establishment.
G.
Parking.
(1)
Valet parking shall be required for all community reception establishment events accommodating more than 30 people if required off-street parking is not available on site.
(2)
A plan showing the parking lot configuration shall be filed and kept current, regardless of whether the parking is on site or off site.
(3)
Off-street parking spaces required pursuant to Article XII or this Code shall be located on the same lot as the community reception establishment, on an abutting lot. In residential areas, off-street parking spaces may also be located on a lot not more than 500 feet from the site of the community reception establishment.
H.
The following minimum lot standards shall be required for the siting and development of any community reception establishments.
Table 1014: Community Reception Establishment - Lot Standards | |
|---|---|
Min. Lot Area | Min. Lot Width |
16,500 square feet | 100 feet |
I.
Special use permit.
(1)
In residential areas, the special use permit for a community reception establishment, if approved by the City Council, shall be issued to the owner thereof, but shall not transfer to a subsequent owner upon the sale of such premises unless and until a new special use permit for such establishment is approved by the City Council.
§ 44-1015 [Ch. 44, 10-15] Commercial recreation facilities.
A.
Arcades and Amusement Centers shall meet the following standards.
(1)
Location.
(a)
The lot line of an arcade or amusement center shall not be located any closer than 500 feet to the lot line of a lot occupied by place of worship, elementary or secondary school, or any establishment principally engaged in the business of selling or dispensing alcoholic beverages on the premises.
(b)
The lot line of an arcade or amusement center shall not be located closer than 1,000 feet to the lot line of any other lot that is occupied by an arcade or amusement center.
(c)
The arcade or amusement center shall be located in a separate room, separated from other uses on the premises and from pedestrian circulation to and from such other uses.
(2)
Operational standards.
(a)
It shall be unlawful for any person to set up for operation or allow operation of more than 60 such mechanical, electronic and/or video type game machines in anyone location or establishment in the B-2, D-1, D-2 and D-3 Districts and more than 140 such machines in anyone location or establishment in the B-1 District.
[Amended 8-24-2020 by Ord. No. 2020-55]
(b)
The establishment shall maintain a minimum of six inches of space between each game machine.
(c)
The game room shall be arranged so that there is a management attendant within the room or such that management attendants outside the room can easily see and supervise the interior of the room.
(d)
The hours of operation for an arcade or amusement center shall be limited to 10:00 a.m. to 11:00 p.m., Sunday through Thursday and 10:00 a.m. to 12:00 p.m., Fridays and Saturdays.
(3)
The establishment shall be posted "No Smoking," shall not contain cigarette vending machines, shall be supervised by an adult over 21 years of age.
(4)
The establishment shall maintain a minimum level of illumination of at least 20 footcandles.
(5)
Noise. The arcade or amusement center shall be separated from adjacent occupiable areas by a wall assembly extending from the floor to the roof, with a sound transmission class (STC) of at least 56, per American Society of Testing and Materials (ASTM) designations E-90 or E-336, and E-413.
(6)
The following minimum site and bulk standards shall be required for the siting and development of any arcade or amusement center.
Table 1015A: Arcade and Amusement Center Bulk Standards | ||
|---|---|---|
Min. Lot Area | Min. Lot Width | Max. Floor Area Ratio |
10,000 square feet | 80 feet | 0.38 |
B.
Race tracks and Go-Kart Tracks shall meet the following standards.
(1)
Location. Race tracks and go-kart tracks shall be located adjacent to major streets or adjacent to collector streets which are within 1/4 mile of major streets and shall not be located within 500 feet of a Residential District boundary.
(2)
Site access. Vehicular entrances and exits must be separated by a distance not less than 200 feet.
(3)
Buffering and screening. In addition to the requirements of Article XIII of this Code, wire mesh or chain link fence at least six feet in height shall be installed around the perimeter of the track.
(4)
The following minimum site and bulk standards shall be required for the siting and development of any race track or go kart track.
Table 1015B: Race Track and Go Kart Track Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
10 acres | 300 feet | 100 feet | 100 feet | 100 feet |
C.
Shooting Galleries and Rifle Ranges shall be located within completely enclosed buildings and have the favorable recommendation of the Chief of Police of the City.
§ 44-1016 [Ch. 44, 10-16] Country clubs, golf clubs, golf courses.
A.
A solid wood, masonry, or wire mesh fence at least six feet in height shall be provided at the end of all fairways if they are in line with a dwelling or a public right-of-way.
B.
Building height. The maximum permitted building height shall be 35 feet or two stories, whichever is lower.
C.
The following minimum lot standards shall be required for the siting and development of any country club, golf club or golf course.
Table 1016: Country Club, Golf Club, Golf Course Lot Standards | ||
|---|---|---|
Min. Lot Area | Min. Lot Width | Min. Lot Depth |
60 acres | 300 feet | 2,200 feet |
§ 44-1017 [Ch. 44, 10-17] Fairgrounds, agricultural exhibits.
A.
Location. Access shall be located on a major or collector street or road.
B.
Paving. All roadways shall have a minimum surface improvement of Class A-3 or equivalent with an eight inch crushed aggregate base.
C.
No motor vehicle racetracks shall be erected or operated.
D.
Building or structure height. The maximum permitted height for any building or structure shall be 50 feet or four stories, whichever is lower.
E.
The following minimum site and bulk standards shall be required for the siting and development of any fairground or agricultural exhibit.
Table 1017: Fairgrounds, Agricultural Exhibits Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
25 acres | 500 feet | 150 feet | 100 feet | 100 feet |
§ 44-1018 [Ch. 44, 10-18] Food pantry.
A.
Location. No structure containing a food pantry shall be located within 300 feet of an R-1A, R-1B or R-1C district.
B.
The food pantry activity shall not occupy more than 25% of the floor space of any story of the structure containing the food pantry activity.
C.
Operational standards.
(1)
All deliveries of goods to the food pantry and distribution of goods by the food pantry shall be conducted through the rear door. If no such rear door is present or useable, an appropriate side door may be approved.
(2)
Hours of distribution shall be between 9:00 a.m. and 6:00 p.m., Monday through Friday. Should an individual client experience an emergency outside of those hours or on the weekend, the food pantry may act to help that client.
D.
Screening. In addition to the requirements of Article XIII of this Code, the following screening standards shall apply.
E.
Parking. Off-street parking requirements will be based upon the principal use of the structure containing the food pantry.
§ 44-1019 [Ch. 44, 10-19] Group living facilities, boarding and rooming houses, homes for the aged.
A.
Location. Agency-Supervised Homes and Agency-Operated Group Homes shall be separated from another facility of the same use by a distance of at least 1,000 feet.
B.
Distribution. No more than three Agency-Operated Family Homes shall be located on a block face (both sides of a street between its intersection with two other consecutive streets).
C.
Parking.
(1)
Access to off-street parking areas shall not be provided from an alley unless the alley constructed of all-weather pavement and has been designated by the City as one-way.
(2)
Off-street parking shall be fully screened along the rear of the property.
(3)
All parking and maneuvering shall be provided on-site; said parking shall be illuminated with lighting fixtures that comply with § 44-911D and that shall not increase the intensity of light within 10 feet of a Residential District boundary line by more than 1/2 footcandles.
(4)
Dormitories in the D-2 (Downtown Transitional) District are not exempt from off-street parking requirements but may accommodate such on other properties owned or operated by the associated school, including those on a campus outside of the Downtown area.
[Added 9-23-2024 by Ord. No. 2024-076]
D.
The following minimum site and bulk standards shall be required for the siting and development of any Group Living Facility, boarding, or rooming house, or home for the aged.
Table 1019: Group Living Facilities, Boarding and Rooming Houses, Homes for the Aged Site and Bulk Standards | ||
|---|---|---|
Use | Min. Lot Area | Min. Lot Width |
Home for the Aged | 400 square feet per occupant plus 2,000 square feet for supervisor's dwelling where applicable | 60 feet |
Group Living Facility; Boarding and Rooming Houses | 400 square feet per occupant plus 2,400 square feet for supervisor's dwelling where applicable | 60 feet |
§ 44-1020 [Ch. 44, 10-20] Home occupations.
A.
Home occupations. A home occupation or profession shall be permitted as an accessory use in the A and R Districts subject to the following restrictions:
[Amended 8-24-2020 by Ord. No. 2020-55]
(1)
A home occupation shall be conducted entirely within a dwelling unit or an accessory building and shall occupy no more than 25% of the gross floor area of the building or 500 square feet, whichever is less;
(2)
The existence of the home occupation shall not be apparent beyond the boundaries of the site;
(3)
No outdoor storage shall be permitted, except in the Agricultural District where such outdoor storage is customary and incidental to the use of the land;
(4)
No special outside entrance to the dwelling shall be required or provided in connection with the home occupation;
(5)
No sign shall be permitted for the business associated with the home occupation;
(6)
Except for activities associated with the principal permitted use of the site or a permitted accessory roadside stand, a home occupation shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount of the district;
(7)
Excluding the Agricultural District, not more than one truck, with a maximum capacity of one ton, incidental to a home occupation may be kept on the site. The number of parking spaces available to a dwelling unit housing a home occupation shall not be reduced to less than the number required pursuant to Article XII, Off Street Parking and Loading;
(8)
Except for activities associated with the principal permitted use of the site or a permitted accessory roadside stand, no commodities shall be sold, nor shall any services be rendered, that require receipt and delivery of merchandise, goods, or equipment by other than ordinary mail or parcel post;
(9)
No person other than a resident of the dwelling unit shall be employed on-site or report to work at the site in the conduct of the home occupation;
(10)
A barber shop, beauty shop, or other personal service business shall occupy no more than 300 square feet or 25% of gross floor area within a structure, whichever is less. Such home occupation shall be limited to serving one customer at a time by appointment only;
(11)
Automobile based businesses including but not limited to towing, taxi, and repair services shall not be permitted as a home occupation.
(12)
The provisions of this section shall not apply to home-based daycare facilities licensed by the Illinois Department of Children and Family Services.
§ 44-1021 [Ch. 44, 10-21] Hotel or motel.
A.
The following minimum site and bulk standards shall be required for the siting and development of any hotel or motel.
Table 1021: Hotel and Motel Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
20,000 square feet or 1,000 square feet per guest room, whichever is greater | 100 feet | 40 feet | 40 feet | 40 feet |
B.
Apartment hotels. In the D-1 and D-2 Districts, the residential (apartment) use must be located above the first story above grade.
[Added 9-23-2024 by Ord. No. 2024-076]
§ 44-1022 [Ch. 44, 10-22] Junkyards.
[Amended 10-26-2020 by Ord. No. 2020-69; 4-28-2025 by Ord. No. 2025-034]
A.
Location. No junkyard shall be located closer than 500 feet to a Residential District boundary line or to the property line of a day care, school, place of worship, community center, home for the aged or hospital.
B.
Site access. The site must have direct access to a major street or highway; vehicles shall not go through residential areas to access the site. There shall be only one point of ingress and egress.
C.
Paving. The facility shall have a driveway paved with an approved concrete or asphalt/concrete surface and at least 25 feet wide. All interior roads, driveways, parking lots and loading and unloading areas not required to be paved shall be constructed of an all-weather surface and be kept in as dust-free condition as possible, using application of dust-inhibitors if necessary to limit the nuisance caused by wind-borne dust.
D.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following requirements shall apply:
(1)
A junkyard shall be enclosed by a solid, opaque perimeter fence, the material of which shall be required to be approved by the Director of Development Services, at least eight feet in height. All gates in the fence shall be locked whenever workers are not present. The fence shall be of uniform height, uniform texture, and color, and shall be maintained to ensure maximum safety to the public, obscure the junk from normal view of the public, and preserve the general welfare of the neighborhood.
(2)
In addition to the fence, an opaque vegetative screen shall be provided around the perimeter of the site to provide year-round buffering to a height of at least six feet tall within four years of planting. The owner or operator of the junkyard shall maintain such landscaping in good condition and shall replace dead or diseased vegetation as necessary to maintain a continuous screen.
E.
All junk, debris, equipment, and other materials associated with the junkyard shall be kept within a completely enclosed building or within the confines of the perimeter fence.
F.
Scrap, junk, or other materials shall be piled or stored so that they are not visible from outside the fenced in area and do not exceed the height of the enclosing fence or wall within 50 feet of the inside of such fence or wall.
G.
The site shall be maintained in such a condition as to prevent the breeding or harboring of rats, insects, or other vermin and to prevent the collection of stagnant water.
§ 44-1023 [Ch. 44, 10-23] Manufactured and mobile home sales.
A.
Use of a manufactured home or mobile home for living or sleeping purposes on the premises shall be prohibited unless expressly requested by the petitioner and approved by the City Council.
B.
No manufactured home or mobile home that has been damaged by wind, fire, explosion, or other such calamity shall be stored on the premises for more than 48 hours.
C.
Building height. The maximum permitted building height shall be 35 feet or two stories, whichever is lower.
D.
The following minimum site and bulk standards shall be required for the siting and development of any manufactured and mobile home sales facility.
Table 1023: Manufactured and Mobile Home Sales Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
1 acre | 200 feet | 20 feet | 20 feet | 20 feet |
§ 44-1024 [Ch. 44, 10-24] Medical or dental office or clinic.
A.
Applicability. The provisions of this section shall apply to medical or dental offices or clinics in the R-3B, C-1 and S-1 Districts.
B.
The total floor area of the clinic shall not exceed 30% of the net lot area.
C.
In addition to the provisions of Article XIII of this Code, a minimum of 20% of the net lot area shall be landscaped.
D.
Building height. The maximum permitted building height shall be 35 feet or two stories, whichever is lower.
E.
The following minimum lot standards shall be required for the siting and development of any medical or dental office or clinic.
Table 1024: Medical or Dental Office or Clinic Lot Standards | |
|---|---|
Min. Lot Area | Min. Lot Width |
20,000 square feet | 100 feet |
§ 44-1025 [Ch. 44, 10-25] Mining/quarrying.
A.
Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan application shall also indicate the following:
(1)
Areas to be excavated;
(2)
Grading plan (existing and proposed topography indicated at two-foot intervals);
(3)
Watercourses and drainage ways through the site;
(4)
Erosion and sediment control devices;
(5)
Proposed location for sorting, grading, crushing and similar operations;
(6)
Locations of vehicular access and egress;
(7)
Proposed exterior lighting;
(8)
A reclamation plan indicating the intended method of site restoration and reuse. Such a plan shall not encourage spot development that would potentially conflict with surrounding land uses.
B.
Location.
(1)
The closest lot line for any proposed mining or quarrying use (e.g., excavating, sorting, crushing, loading, hauling, storage or cutting of stone, clay or sand) shall not be located within 2,000 feet of the lot line of a dwelling, a daycare or school.
(2)
The proposed site for the mining or quarrying use shall be contiguous to a major or collector street that has been improved (thickness and width) to accommodate the anticipated traffic in accordance with the Bureau of Local Roads and Streets Manual, published by the Illinois Department of Transportation.
C.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following minimum buffers and screening shall be required.
(1)
A natural buffer strip at least 100 feet wide must be maintained between the working edge of any excavation or quarry and any property boundary. Natural buffer strip materials may consist of earthen berm of not less than six feet in height, hedges, rows of trees or other fast-growing foliage that will obscure the sight of the mining operation.
(2)
A wire mesh or chain link fence shall be installed and maintained around the perimeter of the mining or quarrying site. Said fence shall have a height of at least eight feet. All gates in the fence shall be locked whenever workers are not present.
D.
Paving. The facility shall have a driveway paved with an approved concrete or asphalt/concrete surface and at least 25 feet wide and extending 250 feet insides the main access gate, so as to limit adjoining lots and public roads from the nuisance caused by road debris and wind-borne dust. All roads, driveways, parking lots and loading and unloading areas not required to be paved shall be kept in as dust-free condition as possible, using application of dust-inhibitors if necessary to limit the nuisance caused by wind-borne dust.
E.
Operational standards.
(1)
The hours of operation for a mine or quarry shall be limited to 6:00 a.m. to 7:30 p.m., Monday through Saturday. Expanded hours and Sunday operations may be allowed on an occasional basis (no more than 12 projects per year) provided such operation is registered in advance with the City of Bloomington. During expanded hours and Sunday operation, the City Manager may impose additional restrictions reasonably related to health, safety, and welfare.
(2)
The proposed mining or quarrying use shall comply with all applicable regulations of the Illinois Environmental Protection Agency.
F.
Noise. Noise shall not exceed sound levels set forth in 35 Ill. Code Part 900.101 et seq. as promulgated from time to time by the Illinois Pollution Control Board pursuant to 415 ILCS 5/25.
G.
The site shall be provided with a sustainable water supply for fire protection by fire department pumping apparatus.
H.
A surety bond or other reasonable requirement of assurance that such a reclamation project will be completed shall be required by the City Council in the event that the mine operator is not required to post bond under the Surface Mined Land Conservation and Reclamation Act.
I.
Potable water wells and water supplies shall be protected per the Illinois Groundwater Protection Act.
§ 44-1026 [Ch. 44, 10-26] Mini warehouses.
A.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following minimum buffers and screening shall be required.
(1)
A six-foot high opaque fence shall be required around the perimeter of the lot to be used as a mini warehouse site.
(2)
A chain link or wire mesh fence interlaced or interwoven with opaque strips may qualify as meeting the requirements for a solid opaque fence, if approved by the Zoning Administrator.
(3)
A landscaping strip, 12 feet in width, shall be provided along all street frontages and along borders where a mini-warehouse site abuts any Residential District.
B.
Site circulation.
(1)
All one-way driveways shall provide for one ten-foot wide parking lane and one fifteen-foot wide travel lane. Traffic direction and parking shall be designated by signing or painting.
(2)
All two-way driveways shall provide for one ten-foot wide parking lane and two twelve-foot travel lanes.
(3)
The parking lanes may be eliminated when the driveway does not serve storage cubicles.
C.
Maximum floor area. No storage cubicle shall have a gross floor area greater than 5,000 square feet.
D.
Building height. The maximum permitted building height shall be 35 feet or two stories, whichever is lower.
E.
The following minimum site and bulk standards shall be required for the siting and development of any mini-warehouse facility.
Table 1026: Mini Warehouses Site and Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
2 acres | 100 feet | 20 feet | 20 feet | 20 feet |
§ 44-1027 [Ch. 44, 10-27] Mobile food and beverage vending.
[Amended 2-27-2023 by Ord. No. 2023-19]
A.
All mobile food and beverage vending businesses shall be licensed with the City of Bloomington, per the requirements of § 38-923, and must operate within the confines of said license and the restrictions in Chapter 11 (Business Licenses, Registration and regulations) of the City Code.
B.
All mobile food and beverage vending businesses shall comply with the following:
(1)
Businesses operating on private property shall have the consent of the principal business owner/property owner;
(2)
The operation may not obstruct traffic in the lot or reduce the number of parking spaces for the principal business below the number required by City Code.
(3)
The operation shall be at least 15 feet from the front property line.
§ 44-1028 [Ch. 44, 10-28] Recycling facilities, refuse disposal services, sanitary landfills, solid waste disposal areas, waste transfer stations.
A.
Location.
(1)
A recycling facility, refuse disposal service, sanitary landfill, solid waste disposal area, or waste transfer station shall not be located closer than 500 feet to the lot line of a dwelling or to a Residential District boundary line.
(2)
The site must be located so as to have direct access to a major street or highway on which traffic will not go through residential areas and shall have only one point of ingress and egress.
B.
Paving. The facility shall have a driveway paved with an approved concrete or asphalt/concrete surface and at least 25 feet wide. All interior roads, driveways, parking lots and loading and unloading areas not required to be paved shall be constructed of an all-weather surface and be kept in as dust-free condition as possible, using application of dust-inhibitors if necessary to limit the nuisance caused by wind-borne dust.
§ 44-1029 [Ch. 44, 10-29] Refractory lined pit burners.
A.
Location. A refractory lined pit burner shall not be located closer than 400 feet to the lot line of a dwelling or to a Residential District boundary line.
B.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following minimum buffers and screening shall be required.
C.
No combustible material and/or vegetation shall be located closer than 20 feet to the exterior surface of the refractory lined pit burner.
D.
The refractory lined pit burner shall be considered accessory to a required principal structure on the same lot.
E.
The hours of operation for a refractory lined pit burner shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday.
F.
Special use permit. The applicant for a special use permit shall submit written documentation to the Zoning Board of Appeals verifying compliance with all Illinois Environmental Protection Agency requirements and performance standards for refractory lined pit burners.
[Amended 10-24-2022 by Ord. No. 2022-99]
G.
Building height. The maximum permitted building height shall be 15 feet.
H.
The following minimum site and bulk standards shall be required for the siting and development of any refractory lined pit burner.
Table 1029: Refractory Lined Pit Burners Site and Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
20,000 square feet | 110 feet | 50 feet | 50 feet | 50 feet |
§ 44-1030 [Ch. 44, 10-30] Roadside markets.
A.
Roadside markets are a permitted only when accessory to a permitted agricultural use in A District or commercial use in the B-1 District.
B.
Sales of agricultural produce grown on the premises, or value-added products (e.g., jams, relishes, and baked goods) derived from produce grown on the premises, are permitted in a roadside market. The sale of durable goods unrelated to the agricultural use (e.g., antiques, fireworks) and products that are not derived from produce grown on the premises is not permitted.
C.
The maximum permitted area for a building, structure or outdoor sales area devoted to retail sales is 600 square feet.
D.
A roadside market shall be set back at least 15 feet from a front property line.
§ 44-1031 [Ch. 44, 10-31] Solar energy conversion facilities.
A.
Construction and operation of solar energy conversion facilities shall comply with all applicable local, state, and federal requirements, including but not limited to safety, construction, environmental, electrical, communications and aviation requirements.
B.
Effect of approval. Any authorization granted to an individual property owner for a solar energy conversion facility shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping, or other accessory improvements, even if such improvements may diminish the function of said solar energy conversion facility.
C.
Concealment. All wiring associated with a solar energy conversion facility shall be underground, hardwired within the structure, or contained within a raceway that complements the site or building materials of the principal structure.
D.
Decommissioning. Any abandoned or non-functioning solar energy conversion facility shall be removed by the owner within 120 days of the day on which the system last functioned. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal.
E.
Private solar energy conversion.
Diagram 1031E  |
(1)
Building or roof-mounted systems.
(a)
Location. Solar facilities may be located on any principal or accessory structure. Systems should be flush mounted when possible.
(b)
Height. The height of roof-mounted systems is measured from the roof surface on which the system is mounted to the highest edge of the system. Roof-mounted systems shall comply with the following height standards.
[1]
Maximum height. Building or roof-mounted solar energy systems shall not exceed the maximum allowed building height in any zoning district.
[2]
Pitched roof. Systems shall not extend beyond three feet parallel to the roof surface of a pitched roof.
[3]
Flat roof. Systems shall not extend beyond four feet parallel to the roof surface of a flat roof.
(c)
For roof-mounted systems, the total square footage of the system panels may not exceed the total area of roof surface of the structure to which the system is attached. The collector surface and mounting devices for roof-mounted solar energy systems shall not extend beyond the perimeter of the building on which the system is mounted or built; however, solar roofing tiles and shingles may extend to the edge of the roof eaves.
(d)
Solar collectors mounted on the sides of buildings and serving as awnings are considered building-integrated systems and are regulated as awnings.
(2)
Freestanding systems.
(a)
Use. Freestanding private solar energy systems shall be accessory to the principal permitted use of the parcel, unless such facilities are located on a parcel dedicated by recorded easement for the conversion of energy to serve multiple users within a development or subdivision as a community solar energy system. Such congregate use shall be subject to site plan approval pursuant to § 44-1709 of this Code.
(b)
(c)
Height. The height of freestanding solar energy systems is measured from the grade at the base of the pole to the highest edge of the system at maximum tilt. Freestanding solar energy systems shall comply with the following height standards.
(3)
Historic buildings. Zoning lots within historic districts are subject to the additional requirements of the district.
F.
Commercial solar energy conversion.
Diagram 1031F  |
(1)
Site plan. Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan shall also indicate the following:
(a)
Site size in acres;
(b)
Existing physical features (e.g., drainage easements, streams, and wetlands);
(c)
Location of all proposed solar arrays, other structures, service roads, and support equipment.
(d)
Existing and finished grading plan of the site at two-foot contour intervals;
(e)
Drainage plan indicating direction of run-off flow, location of catch basins and water retention and/or detention areas.
(2)
Location. Accessory to principal permitted use in B-1, B-2 district.
(3)
Landscaping and screening. In addition to the requirements of Article XIII, the following landscaping and screening features shall be provided.
(4)
Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted where shallow bedrock, watercourses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the zoning administrator.
(5)
Glare. Commercial solar energy systems shall not direct glare to neighboring properties or roadways. Solar energy systems that use a reflector to enhance solar energy conversion shall minimize glare from the reflector affecting adjacent or nearby properties. Measures to minimize glare include selective placement of the system, screening on the north side of the solar array, modifying the orientation of the system, and reducing use of the reflector system.
(6)
Aviation protection. Within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) consistent with the applicable guidance or requirements of the Federal Aviation Administration (FAA) and Central Illinois Regional Airport Master Plan.
(7)
Maximum height. Solar energy conversion facilities shall not exceed 20 feet in height, as measured from grade at the base of the system to the highest edge at maximum tilt.
(8)
The following minimum site and bulk standards shall be required for the siting and development of any commercial solar energy system.
Table 1031: Commercial Solar Energy Conversion Site and Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
1 acre | 200 feet | 25 feet | 15 feet | 15 feet |
§ 44-1032 [Ch. 44, 10-32] Swimming pools, community.
A.
Location. A swimming pool shall be located at least 60 feet from the lot line of any property zoned or occupied for a single-family dwelling.
B.
The perimeter of the swimming pool area shall be enclosed by a security fence at least six feet in height.
C.
Parking. Required parking pursuant to Article XII of this Code may be provided in a surface parking lot and/or parallel on-street parking, provided that the following conditions are met:
(1)
The street shall have a minimum street pavement width of 30 feet;
(2)
On-street parking shall only be provided directly in front of the proposed facility;
(3)
On-street parking stalls shall have a minimum stall length of 22 feet;
(4)
On-street parking stalls shall not be within 20 feet of a crosswalk at an intersection.
D.
The following minimum lot standards shall be required for the siting and development of any swimming pool.
Table 1032: Community Swimming Pool - Lot Standards | |
|---|---|
Min. Lot Area | Min. Lot Width |
Equivalent to zoning district standard or 6,600 square feet, whichever is greater | Equivalent to zoning district standard or 50 feet, whichever is greater. |
§ 44-1033 [Ch. 44, 10-33] Theaters, drive-in.
A.
Accessory uses permitted may include a playground, refreshment stands and public toilets, and souvenir stands or booths.
B.
In addition to the standards of § 44-911, all exterior lighting fixtures shall be directed away from a Residential District and shall not increase the intensity of light within 10 feet of a Residential District boundary line by more than 1/2 footcandle.
C.
No theater screen shall be visible from a Residential District or public right-of-way.
D.
Building or structure height. The maximum permitted height for any building or structure shall be 50 feet.
E.
The following minimum site and bulk standards shall be required for the siting and development of any drive-in theater.
Table 1033: Theaters, Drive in Site and Bulk Standards | ||||
|---|---|---|---|---|
Lot Standards | Site Design Standards | |||
Min. Lot Area | Min. Lot Width | Front Yard | Side Yard | Rear Yard |
20 acres | 200 feet | 200 feet | 200 feet | 200 feet |
§ 44-1034 [Ch. 44, 10-34] Vehicle repair and service.
[Amended 7-28-2025 by Ord. No. 2025-048]
A.
Location. Not more than two vehicle repair and service uses shall be permitted on the quadrants of an intersection and shall not be located closer than 120 feet of a Residential District boundary.
B.
Site standards.
(1)
No curb cuts shall be permitted within 10 feet of a side lot line or 20 feet of a street intersection.
(2)
Any area where inoperative vehicles are intended to be stored for a period of more than 10 days shall be fully screened in accordance with Article XIII of this Code to prevent such vehicles from being viewed from a public street or area.
(3)
All service equipment (lubrication equipment, hydraulic lifts, etc.) and repair and maintenance work shall be inside the principal building.
C.
Outdoor lighting. In addition to the standards of § 44-911, all exterior lighting fixtures shall be directed away from a Residential District and shall not increase the intensity of light within 10 feet of a Residential District boundary line by more than 1/2 footcandle.
D.
The following minimum site and bulk standards shall be required for the siting and development of any vehicle repair and service use.
Table 1034: Vehicle Repair and Service Site and Bulk Standards | |||||
|---|---|---|---|---|---|
Lot Standards | Site Design Standards | ||||
Min. Lot Area | Min. Lot Width | Min. Lot Depth | Front Yard | Side Yard | Rear Yard |
10,000 square feet | 70 feet | n/a | 40 feet | 15 feet | 20 feet |
§ 44-1035 [Ch. 44, 10-35] Veterinary office or clinic.
A.
Location. A Veterinary Office or Clinic shall not be located closer than 300 feet to a Residential District boundary line.
B.
Fencing. A six-foot high wire mesh fence shall be required to enclose outdoor animal areas.
C.
Lot width. The width of a lot containing a veterinary office or clinic shall not be less than 200 feet.
§ 44-1036 [Ch. 44, 10-36] Wind energy conversion facilities.
[Amended 10-26-2020 by Ord. No. 2020-69; 4-28-2025 by Ord. No. 2025-034]
A.
Construction and operation of wind energy conversion facilities shall comply with all applicable local, state, and federal requirements, including but not limited to safety, construction, environmental, electrical, communications and aviation requirements.
B.
Effect of approval. Any authorization granted to an individual property owner for a wind energy conversion facility shall not be construed to bar owners or tenants of any adjacent property from ordinary or permitted building, landscaping, or other accessory improvements, even if such improvements may diminish the function of said wind energy conversion facility.
C.
Standards for All Wind Energy Conversion Facilities.
(1)
Illumination. Illumination shall be prohibited, except to accommodate co-installation of parking lot lighting luminaires in accordance with the provisions of § 44-911, Performance Standards, of this chapter or as required by the Federal Aviation Administration (FAA) or other state or Federal agency of competent jurisdiction.
(2)
Concealment. All wiring associated with a wind energy conversion facility shall be underground or otherwise concealed to blend or harmonize with the site.
(3)
Appearance. The facility shall maintain a galvanized neutral finish or be painted to conform the system color to the surrounding environment to minimize adverse visual effects.
(4)
Signage. No commercial signage or attention-getting device is permitted on any wind energy conversion facility. A sign, not exceeding four square feet in size with a plain white background and black lettering, shall be provided on each wind energy conversion facility which indicates the emergency contact information of the property owner or operator.
(5)
Noise. Except during short-term events such as utility outage or a severe windstorm, a wind energy conversion facility shall not exceed 55 dBA as measured at the boundary line of a Residential District and shall in all other respect conform to the noise standards of § 44-911.
(6)
Safety. Every wind energy conversion facility shall have an internal automatic braking device to prevent uncontrolled rotation or over speeding.
(7)
Decommissioning. Any abandoned or non-functioning wind energy conversion facility shall be removed by the owner within 120 days of the day on which the system last functioned. The owner is solely responsible for removal of the system and all costs, financial or otherwise, of system removal.
D.
Private wind energy conversion. Private wind energy conversion facilities shall be accessory to the principal permitted use of the site, subject to the following conditions:
(1)
Roof-mounted systems.
(a)
Location. Roof-mounted systems shall be affixed to the roof deck of a flat roof or to the ridge or slope of a pitched roof and shall not be affixed to the parapet or chimney of any structure.
(b)
Height. The height of a roof-mounted system is measured from the roof surface on which the system is mounted to the highest edge of the system. The total height of a roof-mounted private wind energy system shall not exceed 10 feet above the roof height or 10 feet above the maximum permitted height of the zoning district, whichever is less.
(c)
Quantity. One turbine is allowed for every 750 square feet of the combined roof area of all structures on a zoning lot. For a pitched roof, each surface of the roof shall be included in the roof area calculation.
(2)
Freestanding systems.
(a)
Location. A freestanding system shall not be located within the required front yard or corner side yard or in any utility easement and shall be set back a distance equal to 1.1 times the system height from the base to all property lines, third party transmission lines, overhead electric distribution systems, public sidewalks and public rights-of-way.
(b)
Height. The height of a freestanding wind energy conversion facility shall not exceed 100 feet in a Manufacturing District, or 60 feet in an Agricultural, Business or Public Interest District, as measured from grade at the base of the pole to the highest edge of the system.
(c)
Clearance. The minimum clearance between the lowest tip of the rotor or blade and the ground shall be 15 feet.
(d)
Access. Climbing access (rungs or foot pegs) shall be located no closer than 12 feet from the ground at the base of the tower.
Diagram 1036D(2)  |
E.
Commercial wind energy conversion.
(1)
Site plan. Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan shall also indicate the following:
(a)
Site size in acres;
(b)
Existing physical features (e.g., drainage easements, streams, and wetlands);
(c)
Location of all proposed towers, other structures, service roads, and support equipment;
(d)
Existing and finished grading plan of the site at two-foot contour intervals;
(e)
Location of all areas to be disturbed by the construction of the proposed project including access routes, trenches, grading, and staging areas;
(f)
Drainage plan indicating direction of run-off flow, location of catch basins and water retention and/or detention areas;
(g)
A post-installation erosion control, revegetation, and landscaping plan;
(h)
Elevations of the components of the proposed facility;
(i)
Visual simulations. Visual simulations taken from off-site views, including from adjacent properties, as determined by the Director of Development Services, shall be submitted which illustrate the site location after installation of the proposed towers.
(j)
Acoustical analysis. The Director of Development Services may require a project-specific acoustical analysis, which shall be prepared by a qualified professional at the expense of the applicant. The study shall simulate the proposed wind energy conversion installation to assure acceptable noise levels and, if necessary, provide measures to comply with applicable noise standards.
(k)
Wind measurement study. The Development Services Director may require a wind resource assessment study, which shall be prepared by a qualified professional at the expense of the applicant. The study shall be performed for a minimum six-month period at the proposed site during prime wind season. The study may require the installation of a meteorological tower, erected primarily to measure wind speed and directions plus other data relevant to appropriate siting.
(2)
Location. A commercial wind energy conversion facility shall be set back a distance equal to two times the system height from the base of the tower to all property lines, third party transmission lines, overhead electric distribution systems, public sidewalks and public rights-of-way.
(3)
Minimum lot size. The minimum required lot size for any commercial wind energy conversion facility shall be five acres.
(4)
Height. The height of the facility shall not exceed 200 feet as measured from the base of the tower to the highest edge of the system.
(5)
Clearance. The minimum clearance between the lowest tip of the rotor or blade and the ground shall be 30 feet.
(6)
Access. If a climbing apparatus is present on a tower, access control shall be provided by one of the following means:
§ 44-1037 [Ch. 44, 10-37] Wireless communication facilities.
[Amended 10-26-2020 by Ord. No. 2020-69; 4-28-2025 by Ord. No. 2025-034]
A.
Applicability. Every wireless communication facility located within the City of Bloomington is subject to the standards of this section, except that the following facilities are exempt:
(1)
Amateur Radio Station Operator/Receive-Only Antenna, if owned and operated by a federally licensed amateur radio station operator or used exclusively for a receive-only antenna, except that on Protected Residential Property such antennas shall be subject to the provisions of § 44-1037C.
(2)
Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one meter in diameter, except that on Protected Residential Property such antennas shall be subject to the provisions of § 44-1037C.
(3)
Emergency services. Wireless communication facilities used exclusively for emergency services including police and fire, when not located on a new tower; and
(4)
Distributed Antenna Systems (DAS) and small cells that are concealed within a building or are installed on an existing structure or utility facility, comply with the height limit of the zoning district, and do not require installation of a new tower, utility support structure or building. Where such facilities are to be placed in the public right-of-way, approval by the Director of Public Works is required.
(5)
A temporary, commercial wireless communication facility installed for providing coverage of a special event such as news coverage or sporting event, subject to applicable permitting requirements by the City, for a period of up to one week before and one week following the special event.
B.
Application. An application for a Wireless Communication Facility shall be submitted on a form prepared by the City of Bloomington and shall include the following:
(1)
Name and address of applicant and property owner as well as primary and secondary contact information for the applicant.
(2)
Summary and scope of work to be completed on the site, including the nature of any changes to the site or any existing facility. The applicant additionally shall state whether he or she believes that the request is eligible for the sixty-day review period of Section 6409(a) of the Spectrum Act, as provided in § 44-1037D of this Code.
(3)
Description of proposed equipment, including the equipment type, specification, installation status, mount type and a manufacturer's certification by a licensed structural engineer regarding the structural integrity of the antenna facility and evidence of compliance with Federal Communication Commission's radio frequency emission standards.
(4)
A site plan indicating the property boundaries, setbacks, elevations, and dimensions of the proposed facility.
(5)
Lighting plans for any new exterior lighting to be installed on the site.
(6)
For new towers and substantial changes, the following additional information shall be submitted:
(a)
A site plan indicating the location of the proposed wireless communication facility, supporting equipment and accessory utility buildings, and all existing structures on the property and within 200 feet of the facility.
(b)
A written description or map of the proposed service area for desired coverage or capacity and documentation that the proposed facility would provide such coverage or capacity.
(c)
An inventory of the existing wireless communication facilities, including existing transmission equipment land such equipment located on silos, water tanks, buildings, etc.
(d)
Photo-simulation or other graphic illustration of the proposed wireless communication facility, including the location of existing and new facilities, proposed concealment elements and paint color specifications.
(7)
Maintenance plan. A description of anticipated maintenance needs, including frequency of service personnel needs, equipment needs, and traffic, noise, and safety impacts of such maintenance.
(8)
Evidence of compliance with Federal Aviation Administration standards and/or "Airport Hazard Zoning Regulations for Bloomington-Normal Airport."
C.
Permitted facilities on protected residential property. Wireless communication facilities shall be permitted only as an accessory structure on Protected Residential Property and shall conform to the following requirements:
(1)
Satellite dish antennas exceeding one meter in diameter shall comply with the following standards:
(a)
Such antenna shall be permitted as an accessory structure only on a roof or in a rear yard.
(b)
The antenna shall be located no closer than three feet from a side or rear lot line and outside of any easements of record.
(c)
The permitted height of the satellite dish antenna shall not exceed 15 feet from the ground level at the base of the antenna to the highest point of the antenna for ground-mounted satellite dish antennas; and 15 feet from the roof line to the highest point of the antenna for roof-mounted satellite dish antennas.
(2)
Satellite dish antennas one meter or less in diameter, television broadcast antennas, multi-channel multi-point distribution antennas, and radio broadcast antennas (including amateur radio antennas) and other similar antennas shall comply with the following standards.
(a)
Such antenna(s) shall be permitted as an accessory structure only on a roof, in a rear yard, or a side yards behind the front yard building setback line and shall be located outside any easement of record.
(b)
The permitted height of the antenna shall not exceed 70 feet from ground level at the base of the antenna to the highest point of the antenna for ground mounted antenna facilities, and 35 feet in height from the roof line to the highest point of the antenna for roof mounted antenna facilities.
(c)
Exterior surfaces must be painted a non-contrasting color consistent with the surrounding area such as blue, grey, brown, or silver, or have a galvanized finish to reduce visual impact. Metal surfaces shall be constructed of, or coated with, corrosion-resistant material.
(3)
Wireless communication facilities that comply with all other applicable regulations are allowed as accessory structures mounted on the roof of high-rise multiple-family dwellings, water towers, church steeples or bell towers, or other similar existing structures located on Protected Residential Property.
(4)
No new wireless towers will be permitted on Protected Residential Property.
(5)
Wireless communication facilities that are proposed as a principal use on Protected Residential Property or that require construction of a new utility support structure or building shall require approval of a special use pursuant to the procedures and standards of § 44-1037D and Article XVII of this Code.
(6)
Evidence of compliance with Federal Aviation Administration standards and/or "Airport Hazard Zoning Regulations for Bloomington-Normal Airport, a.k.a. "Central Illinois Regional Airport," shall be filed with the Director of Development Services.
D.
Review Procedures for Non-Substantial Changes ("Eligible Facilities Request").
(1)
The following procedures are established pursuant to Part 45 U.S.C. § 332(c)(7) of the Federal Communications Act of 1934, as amended, as interpreted by the Federal Communications Commission (FCC) in its Report and Order No. 14153 (commonly referred to as Section 6409(a) of the Spectrum Act).
(2)
An application for co-location of new transmission equipment, removal of equipment or replacement of equipment that does not substantially change the physical dimensions of a wireless communication facility shall be approved.
(a)
A substantial change to a tower, excluding any tower in the public right-of-way, is a change that would result in any of the following.
[1]
Height. The change would increase the height of a tower, as it lawfully existed on March 1, 2012, by more than 10% or by the height of one additional antenna array with separation from the nearest antenna not to exceed 20 feet, whichever is greater.
[2]
Width. The change would involve the addition of an appurtenance to the body of the tower that would protrude more than 20 feet from the tower or would exceed the width of the tower structure at the level of the appurtenance, whichever is greater.
[3]
Equipment cabinets. The change would involve installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four cabinets.
[4]
Excavation or deployment. The change would involve excavation or deployment of equipment outside the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site.
[5]
Concealment. The change would defeat the concealment elements of the wireless communication facility.
[6]
Conditions of prior approval. Any change, other than those described as non-substantial changes herein, that would not comply with conditions of prior approval for the facility.
(b)
A substantial change to any other tower or base station is one that would result in any of the following:
[1]
Height. The change would increase the height of the tower or base station, as it lawfully existed on March 1, 2012, by more than 10% or by more than 10 feet whichever is greater.
[2]
Width. The change would involve the addition of an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet.
[3]
Equipment cabinets. The change would involve installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the facility or involve installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure.
[4]
Excavation or development. The change would involve excavation or deployment of equipment outside the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, or outside the area in proximity to the structure or other transmission equipment already deployed on the ground.
[5]
Concealment. The change would defeat the concealment elements of the wireless communication facility.
[6]
Conditions of prior approval. Any change, other than those described as non-substantial changes herein, that would not comply with conditions of prior approval for the facility.
(3)
The City shall approve or deny an application for an Eligible Facilities Request within 60 days of submission, as provided below.
(a)
The City shall notify the applicant of an incomplete application within 30 days of submission. Such notification shall include a specific list of materials missing from the application and shall provide the basis in Code or other applicable law for requiring submission of such material. Transmission of this notification shall toll (pause) the sixty-day review period until supplemental materials are received by the City. No information shall be requested that exceeds the submittal requirements outlined in this § 44-1037.
(b)
Upon receipt of supplemental materials, the City shall review such materials and, if the application remains incomplete, provide written notification to the applicant within 10 days. Transmission of this notification shall toll the sixty-day review period until supplemental materials are received by the City. No new information shall be requested beyond what was previously described in the submittal requirements and initial incomplete letter.
(c)
Failure to approve or deny the application within 60 days shall result in a deemed approval of the application.
(d)
The review period may be extended by mutual written agreement between the City and the applicant.
(4)
The City shall notify the applicant, in writing, of any decision to approve or deny an Eligible Facilities Request. Any decision to deny shall describe the reasons for such denial, which shall be consistent with the Bloomington City Code and supported by substantial evidence.
E.
New wireless towers and substantial changes to existing towers and base stations.
(1)
Location.
(a)
New wireless towers may be permitted as a special use only in the A Agriculture District; B-1 General Commercial District; B-2 Local Commercial District; P-2 Public Lands and Institutions District; and the Manufacturing Districts.
(b)
A substantial change to an existing tower or base station shall require approval of, or modification to, a special se in any Agricultural, Residential, Business or Special Public Interest District. In Manufacturing Districts, a substantial change shall require approval by the Director of Development Services.
(c)
Non-exempt Distributed Antenna Systems (DAS) and small cells that are not subject to § 44-1037D shall require approval of a special use in any Residential District, the D-1 Central Business District, D-2 Downtown Transitional District or D-3 Warehouse District. In all other districts, DAS and small cells shall require approval by the Director of Economic Development Services.
(2)
Applicants for new wireless towers shall demonstrate that all possible avenues for co-location of antennas on existing towers or base stations have been investigated.
(3)
Bulk standards.
(a)
Lot size. The minimum lot size for any wireless tower shall be equal to the minimum required lot size for the zoning district in which the facility is to be located.
(b)
Setback. The minimum setback shall be maintained for the zoning district where the proposed antenna facility site is located; additionally, a setback of 200% of the antenna facility height shall be maintained from buildings used for dwellings, day-care centers, elementary or secondary schools or playgrounds in order to minimize the adverse effects of falling ice or damage due to antenna facility collapse.
(c)
Equipment cabinets and supporting equipment. All equipment cabinets and structures accessory to a wireless communication facility shall meet the minimum setback requirements of the zoning district in which the wireless communication facility is located. Such structures shall be screened from view in accordance with § 44-908 of this Code.
(d)
To encourage co-location of commercial antennas, all new wireless towers exceeding 70 feet in height shall not be located within one quarter mile (1,320 feet) of any other wireless tower that exceeds 70 feet in height.
(4)
Capacity. A new tower shall be designed to accommodate the applicant's planned transmission equipment and capacity for at least one additional comparable user.
(5)
Concealment. The applicant shall demonstrate that reasonable efforts have been made to reduce the visual impact of new towers. The City may impose conditions of approval on a special use for any new wireless communication facility or substantial change to a wireless communication facility requiring one more forms of concealment which include but are not limited to: screening, blending into architectural elements, placement of facilities in locations where topography, vegetation or other physical features reduce their view, and designing wireless towers to appear as other structures such as light poles or flag poles.
(6)
Review period. The City shall approve or deny a complete application for a co-location or substantial modification within 90 days of submission and shall approve or deny a complete application for a new wireless tower within 150 days of submission.
(7)
Review findings. A decision to approve or deny an application shall be made in writing based upon substantial evidence. Conditions of approval may be imposed as provided in this subsection and Article XVII.
(a)
The City shall not impose new conditions relating to, or deny an application on the basis of, radio frequency emissions. All facilities shall comply with the FCC standards for radio frequency emissions, which are deemed adequate to protect public health and welfare.
(b)
Findings of fact related to property values of nearby land shall be documented by expert testimony and the written analysis of a qualified professional, such as an appraiser or mortgage broker, based on a study for that specific location.
(c)
The Planning Commission shall find that a proposed new wireless tower cannot be accommodated on an existing tower or building within the coverage or capacity area of the proposed tower due to one or more of the following reasons:
[1]
The planned antenna or transmission equipment would exceed the structural capacity of all existing or approved towers or buildings, as documented by a qualified and licensed professional engineer, and all of the existing or approved towers cannot be reinforced, modified, or replaced to accommodate the planned or equivalent antennas or transmission equipment at a reasonable cost.
[2]
The planned antenna would cause interference materially impacting the usability of other existing or planned antenna at a tower or building as documented by a qualified and licensed engineer and such interference cannot be prevented at a reasonable cost.
[3]
Existing or approved towers and buildings within such the coverage or capacity area cannot accommodate the planned antenna or transmission equipment at a height necessary to function according to the documented coverage or capacity needs as determined by a qualified and licensed professional engineer; and
[4]
Other unforeseen reasons that make it unfeasible to locate the planned antenna or transmission equipment upon an existing or approved tower or building.
F.
Other codes. The installation and construction of wireless communication facilities shall comply with Bloomington City Code Chapter 10, as adopted.
G.
Signage. Wireless communication facilities shall not contain any form of signage other than warning or equipment information signs.
H.
Abandonment. Wireless communication facilities that remain unused for more than one year shall be removed at their owner's cost. In the event that such abandoned wireless communication facilities are not removed within one year of the cessation of operations at the site, the tower, base station, or transmission equipment may be removed by the City and the costs of such removal assessed against the owner of such facility or the property owner.
§ 44-1038 Adult-use cannabis business establishments; prohibitions.
[Added 12-16-2019 by Ord. No. 2019-89]
Prohibition on certain adult use cannabis business establishments. No adult-use cannabis craft grower, adult-use cannabis cultivation center, adult-use cannabis infuser organization or infuser, adult-use cannabis processing organization or processor, adult-use cannabis transporting organization or transporter shall be permitted or allowed within the City of Bloomington. No adult-use cannabis dispensing organization shall be permitted or allowed within the City unless it complies with and obtains a special use in accordance with § 44-1039.
§ 44-1039 Adult-use cannabis dispensing organizations.
[Added 12-16-2019 by Ord. No. 2019-89; amended 10-26-2020 by Ord. No. 2020-69; 4-28-2025 by Ord. No. 2025-034]
A.
Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the dispensing of adult-use cannabis occurring within the corporate limits of the City of Bloomington. Such adult-use cannabis dispensing organizations shall comply with all regulations provided in the Cannabis Regulation and Tax Act ( hereinafter "Act"), as it may be amended from time to time, and the regulations provided below. If the Act is amended, the more restrictive of the state or local regulations shall apply, except as pre-empted.
B.
Limitation. No more than two adult-use cannabis dispensing organizations shall be granted a special use and permitted to be located within the City of Bloomington. Each adult-use cannabis dispensing organization may only be located upon approval of a special use as set forth in this section.
C.
Application. In addition to the special use application requirements of § 44-1707, the application for a special use for adult-use cannabis dispensing organizations must include all the following information and documents:
(1)
The legal name and, if different than the legal name, the trade name of the proposed adult-use cannabis dispensing organization for which the special use is sought.
(2)
The commonly known address of the proposed adult-use cannabis dispensing organization.
(3)
The property owner's name and address.
(4)
The legal name of the applicant, if different than the name of the proposed adult-use cannabis dispensing organization.
(5)
The address, telephone number and email address of the adult-use cannabis dispensing organization and applicant's principal place of business, if different than the common address of the proposed adult-use cannabis dispensing organization. A post office box may not be submitted as the address of the applicant's principal place of business.
(6)
A copy of a business plan for the proposed adult-use cannabis dispensing organization that includes, without limitation, the following information:
(a)
A description of the products and services that the proposed adult-use cannabis dispensing organization intends to offer, if any;
(b)
Number of employees;
(c)
Anticipated number of customers (if applicable); and
(d)
The proposed hours and days of operation of the proposed adult-use cannabis dispensing organization.
(7)
A security plan that describes how the proposed adult-use dispensing organization will provide security for its inventory, customers and employees shall be submitted to the Development Services Department. The security plan shall be shared with the Chief of Police for review and recommendation. The security plan shall be kept confidential to the extent permitted by law. Without limitation, the security plan shall include the following information:
(a)
A description of the procedures that the proposed adult-use dispensing organization will implement to prevent the diversion, theft or loss of cannabis during the delivery of cannabis to, and possibly from, the adult-use cannabis dispensing organization by another adult-use cannabis business establishment, including, without limitation, the use of delivery manifests;
(b)
A description of the procedures that the proposed adult-use cannabis dispensing organization will implement to:
[1]
Monitor the activities conducted within the proposed adult-use cannabis dispensing organization;
[2]
Secure the proposed business, including, without limitation, the adult-use cannabis dispensing organization agents, cannabis and currency stored at the business; and
[3]
Prevent the diversion, theft or loss of cannabis; and
(c)
A description of the procedures that the proposed adult-use cannabis dispensing organization will implement to restrict access to limited-access areas and restricted-access areas within and outside of the establishment.
(8)
A written, and notarized statement that the applicant owns the property on which it proposes to operate the adult-use cannabis dispensing organization or, if the applicant does not own the property, a written, and notarized, statement from the property owner certifying the owner's consent to the use of the property as an adult-use cannabis dispensing organization.
(9)
A statement of the impact of the proposed adult-use cannabis dispensing organization on existing and/or planned uses located within the vicinity of the subject property.
(10)
A map of the area surrounding the location of the proposed adult-use cannabis dispensing organization identifying the businesses, and the nature of each surrounding use, located within 1,000 feet of any part of the property line of the proposed adult-use cannabis dispensing organization in existence at the time that the application of a special use permit is filed with the City.
(11)
Schematic drawings illustrating the design and character of the building elevations, types of construction and floor plans of all proposed buildings and structures.
(a)
The drawing shall also include a schedule showing the number, type and floor area of all uses or combinations of uses, and the floor area of the entire development.
(b)
The drawings shall illustrate ingress/egress of the entire building, as well as ingress/egress for any and all secured areas and restricted- or limited-access areas.
(c)
The drawing shall illustrate any loading and handling facilities, including trash and waste.
(d)
The drawings shall illustrate video surveillance areas, panic button locations and other security systems as needed.
(12)
A comprehensive site plan, drawn to scale, compliant with the requirements of § 44-1707 of this code, that also includes:
(13)
Information sufficient to demonstrate that the proposed adult-use cannabis dispensing organization complies with all applicable state laws and regulations, as such laws and regulations may be adopted or amended from time to time.
D.
Special use considerations. Adult-use cannabis dispensing organization special uses shall be processed in accordance with § 44-1707 (special uses) of this Chapter 44. Additionally, the Zoning Board of Appeals and the City Council, when determining to approve a special use permit, shall evaluate the following based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:
(1)
Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.
(2)
Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.
(3)
Hours of operation and anticipated number of customers/employees.
(4)
Anticipated parking demand, proximity to public transit and available private parking supply.
(5)
Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
(6)
Site design, including access points and internal site circulation.
(7)
Proposed signage plan.
(8)
Compliance with all requirements provided in Subsection H(1) (adult-use cannabis dispensing organization); as applicable.
(9)
The number of adult-use cannabis business establishments already in operation, which shall not exceed two.
E.
General operational standards. The following requirements shall apply to all adult-use cannabis dispensing organizations:
(1)
Applicant shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use, to ensure the safety of employees and customers of the adult-use cannabis dispensing organizations, as well as its environs. The improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis dispensing organization and the site on which it is located, consistent with the requirements of the Act.
(2)
No consumption of cannabis may be permitted on the premises.
(3)
Any cannabis, cannabis-infused products or cannabis waste on the premises must always be stored within secure refuse containers located within a restricted access area at all times prior to the destruction and disposal thereof, which destruction and disposal must be performed pursuant to all applicable state laws and regulations, as may be amended from time to time.
(4)
All advertising shall comply with advertising and promotional standards of the Cannabis Regulation and Tax Act and with the City of Bloomington Sign Code.
(5)
Adult-use cannabis dispensing organizations may not be located in a dwelling unit or operated as a home occupation.
F.
Screening and buffering. All adult-use cannabis dispensing organizations shall comply with the landscaping provisions, including transitional yard and screening requirements of Division 13 of this code.
G.
Parking. Off-street parking shall be provided in accordance with Division 12 of this code.
H.
Specific operational standards. The following additional requirements shall apply:
(1)
Adult-use cannabis dispensing organization ("dispenser"). In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed dispenser must comply with the following:
(a)
Dispenser may not be located within 500 feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day-care center, day-care home, residential care home, place of worship or park/playground. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
(b)
Dispenser may not be located within 250 feet of the property line of a preexisting property zoned R1 A, R1 B, R1 C, R1 H, R2, R3A, R3B, R4 GAP 1, GAP 2, GAP 3, GAP 4.
(c)
At least 75% 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, and no dispenser shall also sell food for consumption on the premises.
(d)
Dispenser may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(e)
Dispensers that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.) and the Cannabis Regulation and Tax Act.
(f)
Dispensers may not have a drive-through service window.
(g)
All dispensers must be equipped with a secure unloading space for the reception of deliveries of recreational cannabis and recreational cannabis-infused products, which space must be:
[1]
Located within an enclosed area of the principal structure in which the adult-use cannabis dispensing organization operates;
[2]
Secured by doors that are closed and locked during all times that deliveries of recreational cannabis or recreational cannabis-infused products are unloaded; and
[3]
A restricted-access area.
(h)
All dispensers must be located at least 1,500 feet from the property line of another adult-use cannabis dispensing organization.
§ 44-1040 [Ch. 44, Sec. 10-40] Multifamily conversions.
[Added 2-8-2021 by Ord. No. 2021-5]
A.
Size. Each residential unit shall be a minimum of 800 square feet.
B.
Location of entrances. Only one entrance shall be located on the front facade of the structure.
C.
Driveways. Each dwelling unit shall be served by one common driveway connecting all units to a public road or alley.
D.
Parking. Each dwelling unit shall be required to have a minimum of one (1) off-street parking space. Tandem parking spaces (one car parked behind another) shall be prohibited.
§ 44-1041 [Ch. 44, Sec. 10-41] Office conversions.
[Added 2-8-2021 by Ord. No. 2021-5]
A.
Location of entrances. Only one entrance shall be located on the front facade of the structure.
B.
Outdoor activity/storage. No outdoor activity or storage shall be permitted in conjunction with an office conversion use.
C.
Location of parking. All off-street parking, as required by § 44-1208E of this UDO, shall be located in the rear of buildings.
D.
Driveways. Curb cuts and site vehicular access shall be minimized in frequency and width and shall not dominate the site plan or the property and street frontage.
E.
Traffic. Office conversion uses shall not create pedestrian, automobile, or truck traffic significantly in excess of the normal amount of the district.
F.
Location of service, loading, and utility areas. Service areas, dumpsters, utilities, and the required screening thereof shall not be visible from a right-of-way.
G.
Walkways. Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.
H.
Signs. Office conversion uses shall be permitted one monument sign. The sign shall not exceed six square feet in area nor four feet in height. Sign materials shall complement the building materials, colors, and architectural character of the primary structure.
§ 44-1042 (Reserved) [1]
§ 44-1043 (Reserved) [1]
§ 44-1044 (Reserved) [1]
§ 44-1045 (Reserved) [1]
§ 44-1046 [Ch. 44, Sec. 10-46] Two-family and single-family attached dwellings.
§ 44-1047 [Ch. 44, 10-47] Shelters.
[Added 9-23-2024 by Ord. No. 2024-076; amended 4-28-2025 by Ord. No. 2025-034]
A.
Managing agency. Shelters shall be managed by a nonprofit, health or human services organization, religious institution, or governmental body, located in McLean County, that provides supportive and care services for McLean County residents.
(1)
Managing agencies and/or property owners shall either:
(a)
Demonstrate experience providing similar services to people experiencing homelessness; or
(b)
Provide evidence of certifications or academic credentials in an applicable human service field;
(c)
Should a managing agency and/or property owner not have any of the preceding qualifications, additional reasonable measures may be required to minimize risk to both residents of the supported living facility and the broader community.
(2)
Managing agencies and/or property owners shall demonstrate a stable funding source for the facility and any on-site or off-site human and social services offered as part of the operations plan.
(3)
The managing agency and/or property owner shall designate points of contact and provide contact information (twenty-four-hour-accessible phone contact) to the Bloomington Police Department (BPD).
B.
Permit required. All shelters shall be permitted with the City of Bloomington. Such permits shall be granted upon submission of the following, to the satisfaction of the City:
(1)
An operations plan that describes how the facility will be operated, including the days and hours of operation; roles and responsibilities of key staff; and procedures for maintaining accurate and complete records.
(2)
A site and facility plan that includes: site/facility maintenance; emergency and security protocols; occupancy policies, including resident responsibilities; and a code of conduct that addresses at a minimum, the use or sale of alcohol and illegal drugs, threatening or unsafe behavior, and weapon possession.
(3)
A supportive services plan, including: the provision of human and social services, including staffing plan and outcome measures; outreach with surrounding property owners and residents and ongoing good neighbor policy.
(4)
Additional information as requested by the Development Services Director to ensure current best practices are used.
C.
Supervision required. On-site supervision must be provided at all times, unless it can be demonstrated through the operations plan that this level of supervision is not warranted for the population being housed. Details related to on-site supervision, such as the persons/positions identified for on-site supervision and shift schedule, are required.
D.
Emergency shelters.
(1)
Emergency shelters shall operate only when a related emergency order is issued by the City Manager, for the duration of time the emergency order is in effect.
(2)
Due to the temporary nature of their existence, emergency shelters are not required to demonstrate a stable funding source for the facility, per Subsection A(2).
(3)
In instances of extreme need, a provisional permit may be issued, by the Development Services Director or City Manager, for the duration of a single emergency order, without the submission of the documents required by Subsection B(1) through (3). Issuance of a fully approved permit is required prior to operation of the subject emergency shelter under subsequent emergency orders.
E.
Revocation of permit. Upon cause shown, the City Council may revoke a permit approved under this section based upon a finding that the permitted facility is not compliant with approved plans, applicable conditions, or is otherwise injurious to the public health, safety or welfare.
§ 44-1048 Data centers.
[Added 4-28-2025 by Ord. No. 2025-034]
B.
Design.
(1)
Architectural standards.
(a)
Frontage. Any building elevation adjacent to a public right-of-way must include either:
[1]
A change in the primary facade surface for every approximately 150 horizontal feet of at least one of the following: building material, pattern, texture, color, or accent material; or
[2]
A minimum of 30% of the primary facade shall be comprised of windows, doors, or similar fenestration design features such as faux windows that are generally distributed horizontally and vertically across the facade.
(b)
Entry. A data center building must include a primary entrance feature that is differentiated from the remainder of the building facade by a change in building material, pattern, texture, color, or accent material. The entrance feature must also either project or recess from the adjoining building plane.
(c)
Non-frontage public facades. All facades adjacent to an exterior property line shall be designed to complement local architectural character or to blend and reduce the visual impact on the surrounding landscape. For large sites, this applies only to the first set of buildings inside the property line that may be viewed from an exterior site; buildings visible only from the interior of the site are exempt from these architectural standards. See Figure § 44-1048B1 (Example Large Site Data Center Design and Buffering Standards Plan).
(2)
Height of necessary appurtenances. Chimneys, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of this municipality but may not exceed 65 feet. The height shall be measured as the vertical distance from the average finished grade nearest the structure to the highest point of the structure. See Figure § 44-1048B2 (Measurement of Height for Appurtenance Structures).
Figure § 44-1048B1 Example Large Site Data Center Design and Buffering Standards Plan  |
Figure § 44-1048B2 Measurement of Height for Appurtenance Structures  |
C.
Parking and circulation.
(1)
Off-street parking shall be provided at a rate of at least 1.5 spaces per employee and shall be provided for each phase of development prior to the occupancy of such.
(2)
With the exception of equipment and material storage areas, all parking and traffic circulation areas shall be hard surfaced.
(3)
The facility shall have a driveway paved with an approved concrete or asphalt/concrete surface and at least 25 feet wide wherever any continuous truck traffic is proposed.
(4)
All secure entry points shall be designed and constructed to provide a safe turning radius for a 26-foot truck, on the public side, to prevent the requirement of backing for exit onto the public road.
D.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following minimum buffers and screening shall be required:
(1)
A natural buffer strip, of at least 100 feet or 10% of the relevant lot dimension (width for side yards, depth for front and rear yards), whichever is less.
(2)
Portions of the property line that are not taken up by facades that comply with the architectural standards of § 44-1048A(1) shall include at least the treatment of TY-1 if the required yard is less than 10 feet, and TY-3 if the required yard is 10 feet or greater, according to the yard types established in § 44-1306B(2)(c). See Figure § 44-1048B1 (Example Large Site Data Center Design and Buffering Standards Plan).
(3)
Roof-mounted mechanical units shall not require screening, unless the total building height and unit height together exceed 2.5 stories or 35 feet.
E.
Noise.
F.
Other code compliance. The proposed use shall comply with all applicable regulations, including, but not limited to, of the United States and/or Illinois Environmental Protection Agency (USEPA, IEPA), National Fire Protection Agency (NFPA), McLean County Health Department, United States Department of Agriculture (USDA) and may be required to provide proof of compliance.