The city is hereby divided into the districts listed in § 165.020 of this chapter and the boundaries of such zones are shown upon the zoning map on file in the office of the City Clerk.

      (1)   No person shall use land or a building or structure or erect, construct, reconstruct, move or structurally alter a building, structure or part thereof, except in conformance with the following schedule of use controls.

      (2)   The use table below establishes the land uses allowed in each zoning district. Each use is given one of the following designations for each zoning district.

      (3)   Land uses that are designated as “permitted uses” or “special uses” may have use standards that must be met, as established in § 165.025.

 

 

(Prior Code, § 166.023) (Ord. 2151, passed 6-28-1971; Ord. 93-215, passed 4-13-1993; Ord. 96-383, passed 3-26-1996; Ord. 99-256, passed 5-25-1999; Ord. 04-476, passed 3-9-2004; Ord. 12-185, passed 6-12-2012; Ord. 2015-029, passed 9-22-2015; Ord. 2020-010, passed 2-25-2020; Ord. 2021-019, passed 6-22-2021; Ord. 2021-043, passed 9-14-2021; Ord. 2021-062, passed 12-14-2021; Ord. 2022-049, passed 10-11-2022; Ord. 2022- 062, passed 10-25-2022; Ord. 2024-001, passed 1-23-2024; Ord. 2025-017, passed 4-22-2025; Ord. 2025-022, passed 5-27-2025; Ord. 2025-025, passed 5-27-2025; Ord. 2025-034, passed 6-24-2025; Ord. 2025-036, passed 6-24-2025; Ord. 2025-070, passed 11-25-2025; Ord. 2025-077, passed 12-16-2025)

   (A)   No building shall be erected, moved or altered on any lot in any district when such lot borders on an alley so as to place any wall thereof nearer to the line of such alley than the setback lines hereinafter prescribed.

      (1)   Where the alley is 14 feet or less in width, the building line setback shall be five feet from the line of such alley.

      (2)   Where the alley is more than 14 feet, but not more than 15 feet, in width, the building line setback shall be four feet from the line of such alley.

      (3)   Where the alley is more than 15 feet, but not more than 16 feet, in width, the building line setback shall be three feet from the line of such alley.

      (4)   Where the alley is more than 16 feet, but not more than 18 feet, in width, the building line setback shall be two feet from the line of such alley.

      (5)   Where the alley is more than 18 feet in width, the building line setback shall be one foot from the line of such alley.

   (B)   Further, no fence or other structure shall be placed between the line of such alley and the building line setback established above.

(Prior Code, § 166.024) (Ord. 2151, passed 6-28-1971)

      (1)   A mobile home shall not be permitted as an accessory building or structure.

      (2)   A mobile home shall not be occupied for dwelling or lodging uses, except in an approved mobile home park, and a mobile home shall not be parked or otherwise stored in the open on a lot in any district, except a lot used for mobile home manufacturing, sales or retail or repair establishments in such districts where such uses are permitted by this chapter.

      (3)   A mobile home may be used as a temporary office or shelter incidental to construction on or development of the premises on which such mobile home is located, only during the time construction or development is actively underway.

      (4)   No tent shall be erected, used or maintained for living quarters.

      (1)   Fallout shelters shall be used for the purposes as defined, and shall be used for no other use.

      (2)   Fallout shelters are a permissive use in any district. They shall be located within any new or principal building or structure, attached to any new or existing building or structure with direct access from such building or structure, be wholly underground, or be at such other places as may be prescribed by city, state or federal laws or regulations.

         (a)   The facility may not be located in an area zoned for residential use.

         (b)   The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.

         (c)   The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

         (d)   For purposes of determining required parking, adult-use cannabis craft grower shall be classified as a “Manufacturing” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).

         (e)   The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.

         (f)   The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis craft grower and of the floor plan for the adult-use cannabis craft grower and the site on which it is located, consistent with the requirements of the Act.

         (g)   Adult-use cannabis craft growers shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.

         (a)   The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.

         (b)   The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

         (c)   For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as a “Manufacturing” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).

         (d)   The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.

         (e)   The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cultivation center and of the floor plan for an adult-use cannabis cultivation center and the site on which it is located, consistent with the requirements of the Act.

         (f)   Adult-use cannabis cultivation centers shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.

         (a)   Only four adult-use cannabis dispensing organizations shall be allowed within the city at any given time.

         (b)   An adult-use cannabis dispensing organization shall not be located within 300 feet of the property line of a pre-existing place of worship, public or private nursery school, preschool, primary or secondary school, day care center, day care home, residential care home, or substance abuse treatment center. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

         (c)   The facility may not be located in a dwelling unit.

         (d)   The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.

         (e)   Facility shall not exceed 5,000 square feet in size. At least 75% of the floor area of any facility occupied by an adult-use cannabis dispensing organization shall be devoted to the activities of the adult-use cannabis dispensing organization as authorized by the Act, and no adult-use cannabis dispensing organization shall sell food for consumption on the premises other than as

may be authorized in the applicable special use ordinance.

         (f)   The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

         (g)   The facility may not permit on-site consumption of cannabis.

         (h)   For purposes of determining required parking, said facilities shall be classified as a “Retail Store” use per § 165.029(G)(5) (“Number of Parking Spaces Required”) and shall have the requisite number of on-site parking spaces for retail stores under § 165.029(G)(5).

         (i)   No operator, employee or agent of an adult-use cannabis dispensing organization shall operate, be open for business or permit any person not an employee of the adult-use cannabis dispensing organization to remain on the premises between 10:00 p.m. and 9:00 a.m. Central Standard Time or daylight saving time, whichever is in effect.

         (j)   The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.

         (k)   The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis dispensing organization and 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.

         (l)   Adult-use cannabis dispensing organizations shall require approval of a special use in the city’s commercial and industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section. In determining compliance with § 165.089, the following components of the adult-use cannabis dispensing organizations shall be evaluated 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 cotenancy (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 based on § 165.029 of this chapter 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 § 165.025(E), as applicable;

            9.   Facilities located in the C-1, C-2 and U-TOD Districts shall only be located on lots adjacent to Western Avenue, Old Western Avenue, Ashland Avenue, 119th Street and 127th Street; and

            10.   Other criteria determined to be necessary to assess compliance with § 165.089 (Special Use Permits) of this chapter.

         (a)   The facility may not be located in an area zoned for residential use.

         (b)   The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.

         (c)   At least 75% of the floor area of any facility occupied by an infusing organization shall be devoted to the activities of the adult-use cannabis infuser organization as authorized by the Act. The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

         (d)   For purposes of determining required parking, said facilities shall be classified as a “Manufacturing” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).

         (e)   The petitioner shall file an affidavit with the city affirming compliance with this section and all other requirements of the city code and Act.

         (f)   The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras, and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis infuser organization and of the floor plan for an adult-use cannabis infuser organization and the site on which it is located, consistent with the requirements of the Act.

         (g)   Adult-use cannabis infuser organizations shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.

         (a)   The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.

         (b)   At least 75% of the floor area of any facility occupied by an adult-use cannabis processing organization shall be devoted to the activities of the adult-use cannabis processing organization as authorized by the Act. The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

         (c)   For purposes of determining required parking, said facilities shall be classified as a “Processing” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).

         (d)   The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.

         (e)   The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis processing organization and of the floor plan for an adult-use cannabis processing organization and the site on which it is located, consistent with the requirements of the Act.

         (f)   Adult-use cannabis processing organizations shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.

         (a)   The facility may not be located within 1,500 feet of the property line of a preexisting adult-use cannabis business establishment.

         (b)   The facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

         (c)   For purposes of determining required parking, said facilities shall be classified as a “Warehouse” use per § 165.029(G)(5) (“Number of Parking Spaces Required”).

         (d)   The petitioner shall file an affidavit with the city affirming compliance with this division (G) and all other requirements of the city code and Act.

         (e)   The site design shall incorporate adequate security measures, such as interior and exterior lighting, surveillance cameras and/or fencing. Said security measures shall be determined based on the specific characteristics of the adult-use cannabis transporting organization and of the floor plan for an adult-use cannabis transporting organization and the site on which it is located, consistent with the requirements of the Act.

         (f)   Adult-use cannabis transporting organizations shall require approval of a special use in the city’s industrial districts, and shall be processed in accordance with § 165.089 (Special Use Permits) of this chapter and this section.

         (a)   The petitioner shall install the building enhancements, such as security cameras, lighting or other improvements, as precondition to receiving a certificate of occupancy, permit, business license, or special use, as applicable, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its surrounding environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act;

         (b)   The petitioner shall submit additional information as required by the city during the special use application process; and

         (c)   The petitioner shall provide written notice by certified mail to all owners of property within 250 feet of the parcel for which the special use is sought. Such notice must be sent not more than 30 days nor less than 15 days before the hearing at which the application for special use is to be considered. The number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in computing the 250 feet requirement. The notice herein required shall contain the address of the location for which special use is requested, a brief statement of the nature of the requested special use, the name and address of the legal and beneficial owner of the property for which the special use is requested, and the time and date of the hearing at which the special use will be considered.

         (a)   Within 1,000 feet of the perimeter of school grounds, a playground, a recreation center or facility, a child care center, a public park or public library, or a game arcade to which admission is not restricted to persons 21 years of age or older;

         (b)   On or in a public transit vehicle or public transit shelter;

         (c)   On or in publicly-owned or publicly-operated property; or

         (d)   That contains information that:

            l.   Is false or misleading;

            2.   Promotes excessive consumption;

            3.   Depicts a person under 21 years of age consuming cannabis:

            4.   Includes the image of a cannabis leaf: or

            5.   Includes any image designed or likely to appeal to minors, including cartoons, toys, animals, or children, or any other likeness to images, characters, or phrases that are popularly used to advertise to children, or any imitation of candy packaging or labeling, or that promotes consumption of cannabis.

      (12)   Prohibition of ownership by elected city officials. No elected city official shall during the elected city official’s term of office hold an ownership interest in any cannabis business establishment which applies for a special use pursuant to this division (G) or which is licensed to operate in the city under the Cannabis Regulation and Tax Act, 410 ILCS 705/1 et seq.

      (1)   Any use involving the repair or service of motor vehicles shall be limited to the districts identified in § 165.023 - Schedule of Use Controls. In addition, no use involving motor vehicle repair or service shall be allowed, either as a permitted use or a special use, on Western Avenue, regardless of whether that use is allowed in the property’s underlying zoning district.

      (2)   Vehicle repair/service establishments may not store vehicles outdoors on the site for longer than 14 days, or seven days once repairs are complete.

      (3)   Repair of vehicles in prohibited outdoors. Storage of all merchandise, auto parts, and supplies must be within an enclosed structure.

      (4)   No partially dismantled, wrecked, junked, or discarded vehicles may be stored outdoors on the premises. This standard does not apply to vehicles under repair.

      (5)   No motor vehicles may be stored and no repair work may be conducted in the public right-of-way.

      (6)   The sale of new or used vehicles is prohibited unless separately approved.

      (7)   Tow trucks are not allowed to be stored on site. Towing drop-off and pick-up of vehicles is limited to third party towing companies.

      (8)   Vehicle repair/service establishments that share a lot line with a residential district must be screened along interior side and rear lot lines with a solid wall or fence, a minimum of six feet in height.

      (2)   All storage of products, materials, and other goods must occur within sealed, secured, and enclosed containers. If construction materials are too large to be contained in an enclosed container, they shall be secured and covered.

      (3)   Shipping containers and trailers shall be stored with a minimum front setback of 50 feet, minimum side setbacks of 30 feet, and a minimum rear setback of 20 feet from property lines.

      (4)   Screening shall be provided in the form of a berm with a minimum height of six feet. Fencing (100% opaque) with a minimum height of eight feet shall be used and continuously maintained on the property.

      (5)   Shipping containers shall be stored horizontally and not stacked greater than two containers in height.

      (6)   Property used for industrial outdoor storage may not be used for any other motor vehicle or truck use, including repairs, sales, and parking, unless a separate special use permit is obtained.

(Prior Code, § 166.025) (Ord. 2151, passed 6-28-1971; Ord. 2015-029, passed 9-22-2015; Ord. 2020-010, passed 2-25-2020; Ord. 2022-042, passed 6-29-2022; Ord. 2022-049, passed 10-11- 2022; Ord. 2024-009, passed 3-12-2024; Ord. 2025-017, passed 4-22-2025)

   Except in planned developments, each single-family dwelling hereafter erected or structurally altered shall be located on a zoning lot and there shall be not more than one such principal building on each zoning lot.

(Prior Code, § 166.026) (Ord. 2151, passed 6-28-1971)

         (a)   No more than one UDCB is permitted per parcel.

         (b)   No UDCB shall be located on a lot unless it contains at least one operating business or other ongoing activity, not including parking facilities.

         (c)   UDCBs cannot block or impede access to required parking or driveways; pedestrian routes; emergency vehicle routes; building ingress and egress; required handicapped accessibility routes; required easements; or trash enclosure areas or trash bins/enclosures.

         (d)   No overflow, litter, debris or dumped material shall be allowed within 20 feet of the UDCB.

         (e)   No solid waste or hazardous materials shall be collected by the UDCB.

         (f)   UDCBs shall be maintained and in good working order.

         (g)   UDCBs shall be serviced not less than weekly which includes the removal of donated/collected material and abatement of any prohibited materials, graffiti, peeling paint, rust and broken collection operating mechanisms.

         (h)   UDCBs shall contain the name, address, 24-hour telephone number, website and email address of the owner and operator of the UDCB and parcel owner/agent.

   (C)   Unless otherwise provided for herein, accessory structures and uses shall comply with all applicable regulations of this zoning chapter and the city code of ordinances, including the floor area ratio, lot coverage ratio, and height and setback regulations.

(Prior Code, § 166.027) (Ord. 2151, passed 6-28-1971; Ord. 2022-003, passed 1-11-2022)

(Prior Code, § 166.028) (Ord. 2151, passed 6-28-1971)

      (1)   For all buildings and structures erected and all uses of land established after the effective date of this chapter, accessory parking and loading facilities shall be provided as required by the regulations of the districts in which such buildings or uses are located. However, where a building permit has been issued prior to the effective date of this chapter, and provided that construction is begun within six months of such effective date and diligently prosecuted to completion, parking and loading facilities in the amounts required for issuance of said building permit may be provided in lieu of any different amounts required by this chapter.

      (2)   When the intensity of use of any building, structure or premises shall be increased through the addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use. However, no building or structure lawfully erected or use lawfully established prior to the effective date of this chapter shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement shall equal not less than 15% of the units of measurement existing upon the effective date of this chapter, in which event parking or loading facilities as required herein shall be provided for the total increase. However, in the case of expansion or alteration of residential buildings, required parking or loading facilities shall be provided on the basis of the total required units of measurement for the entire capacity of such buildings.

      (3)   Whenever the existing use of a building or structure shall hereafter be changed to a new use, parking or loading facilities shall be provided as required for such new use. However, if said building or structure was erected prior to the effective date of this chapter, additional parking or loading facilities are mandatory only in the amount by which the requirements for the new use would exceed those for the existing use if the latter were subject to the parking and loading provisions of this chapter.

   (E)   Parking allowance. In all residential, commercial, and industrial zones, off-street parking shall be provided for all uses in accordance to the table of land uses. However, off-street parking shall be waived for the first 2,000 square feet of commercial space within the C-1 (Central Area Commercial) District and the UTOD (Uptown Transit Oriented Development) District. Also, on-street parking directly in front of a business (or the two fronts on a corner lot) shall count towards meeting the off-street parking requirements. A length of 23 feet per on-street parking space shall be used in calculating the number of available on- street parallel parking spaces.

         (a)   No storage of any kind, nor any repair, dismantling, or servicing of any motor vehicles, equipment, materials, or supplies shall be permitted with any required off-street parking or loading facilities.

         (b)   This division shall be enforced for the creation of a new parking or loading area, or for the resurfacing, recoating, and restriping of an existing parking or loading facility. This section is solely intended for residential, commercial, or industrial properties.

 

 

(Prior Code, § 166.029) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021; Ord. 2024-001, passed 1-23-2024)

   (B)   Where a use is not allowed as a special or permitted use under this chapter, and exists as a special use at the date of the adoption of this chapter, it shall be considered to be a non-conforming use and shall be subject to the applicable non-conforming use provisions of § 165.046.

      (1)   The purpose of planned development regulations is to allow more creative and imaginative design for land developments than is possible under more conventional zoning regulations. In this regard, the bulk and use regulations of any district may be modified within a planned development. Preservation of natural site qualities, better urban amenities, more open space, and a higher quality project are the desired results of the planned development process.

      (2)   In addition to the purposes detailed in § 165.089, the following objectives are sought through the use of the planned development procedure:

      (2)   By posting notice as provided in § 165.085 for special uses;