Carbondale City Zoning Code
CHAPTER 3
USE REGULATIONS
15.3.1.1: GENERAL:
A. Basis For Classification: Use categories classify land uses and activities based on similar functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, likely impact on surrounding properties and site conditions. The use categories provide a systematic basis for assigning land uses to appropriate zoning districts.
B. Principal Use Characteristics: A principal use is assigned to the use category that most closely corresponds to its nature as described in the "characteristics" section of each use category.
C. Similar Use Interpretations:
1. Determination of the appropriate category for a proposed principal use shall be made by the zoning administrator in accordance with the provisions of subsection C2 of this section.
2. The following shall be used to determine the appropriate category for a proposed use and whether a use is considered principal or accessory:
a. The actual or projected characteristics of the activity in relationship to the stated characteristics of each use category;
b. The relative amount of site area or floor space and equipment devoted to the activity;
c. Relative amounts of sales from each activity;
d. The customer type for each activity;
e. The relative number of employees in each activity;
f. Hours of operation;
g. Building and site arrangement;
h. Vehicles used and their parking requirements;
i. The relative number of vehicle trips generated;
j. Required signage;
k. How the use is advertised;
l. The likely impact on surrounding properties; and
m. Whether the activity is likely to be found independent of the other activities on the site.
3. The development services director may use the North American industry classification system to assist in the interpretation of similarity of uses.
4. When considering appropriate districts for a use not listed in the use table, the district purpose statements of the respective districts shall be taken into consideration. (Ord. 2013-20)
15.3.1.2: DEVELOPMENTS WITH MULTIPLE PRINCIPAL USES:
Developments with multiple principal uses shall conform to the following:
A. When all principal uses of a development fall within one use category, the entire development is assigned to that use category.
B. When the principal uses of a development fall within different use categories, each principal use is classified in the applicable use category and each use is subject to all applicable regulations for that use category.
C. Developments with multiple principal uses (such as shopping centers) shall incorporate only those uses allowed in the underlying district. (Ord. 2013-20)
15.3.1.3: ACCESSORY USES:
Accessory uses are allowed by right, but only in conjunction with a principal use, unless otherwise stated elsewhere in this chapter. Unless otherwise stated, accessory uses are subject to the same regulations as the principal use. Common accessory uses are listed as examples in the use category descriptions. (Ord. 2013-20)
15.3.1.4: USE OF EXAMPLES:
The "examples" section of each use category lists uses common to that use category.
A. The examples provided are not all inclusive, but describe the types of uses that are common to that category. Similar uses may also be permitted upon determination by the zoning administrator that they are appropriate for that use category.
B. The names of these sample uses are generic and are based on common meanings, not on what a specific use may call itself. For example, a use that calls itself "wholesale warehouse", but sells mostly to retail consumers, is included in the retail sales and service category rather than the wholesale trade category. (Ord. 2013-20)
15.3.1.5: USES NOT INCLUDED:
The "uses not included" section provides cross references to uses that may appear to be part of a particular category, but which are explicitly handled in a different use category. (Ord. 2013-20)
15.3.1.6: USE CATEGORIES:
Sections 15.3.1.7 through 15.3.1.11 of this chapter describe the characteristics of categories of uses, examples from each category, common accessory uses and uses that are not part of a given use category. These sections are descriptive and the examples listed are not all inclusive. Determination of the appropriate category for a proposed principal use or accessory use not specifically listed will be made by the development services director. (Ord. 2013-20)
15.3.1.7: RESIDENTIAL USE CATEGORIES:
A. Household Living:
Characteristics: Residential occupancy of a dwelling unit by a household on a month to month or longer basis.
Examples of principal uses:
Congregate care facilities where individual units comply with the definition of a "dwelling unit".
Group homes (8 persons or fewer).
Multi-family building, retirement center apartments, other apartments.
Single-family detached, single-family attached, two- family houses (duplex), corner lot duplexes, multiplexes, zero lot line houses, townhouses, manufactured homes.
Upper story residential.
Other structures with self-contained dwelling units.
Examples of accessory uses:
Accessory apartments.
Greenhouses and nurseries not engaged in retail trade.
Hobbies.
Home occupations.
In-home care for fewer than six (6) persons.
Parking of occupants' registered vehicles.
Raising of pets.
Recreational activities.
Storage sheds.
Swimming pools.
Uses not included:
Bed and breakfast establishments, hotels, motels, inns, extended stay facilities (see subsection 15.3.1.9D, "Overnight Accommodations", of this chapter).
Boarding or rooming houses (see subsection B, "Group Living", of this section).
Group home/other (more than 8 persons) (see subsection B, "Group Living", of this section).
Halfway house (see subsection 15.3.1.8I, "Social Service Institutions", of this chapter).
Nursing or convalescent home (see subsection B, "Group Living", of this section).
Residential assisted living facility not having individual dwelling units (see subsection B, "Group Living", of this section).
B. Group Living:
Characteristics: Residential occupancy of a structure by a group of people that does not conform to the definition of "household living". Tenancy is usually arranged on a monthly or longer basis. Generally, group living structures have a common eating area for residents, and the residents may receive care, training or treatment.
Examples of principal uses:
Assisted or congregate living.
Boarding or rooming houses.
Dormitories.
Fraternities.
Group home/other (more than 8 persons).
Group homes/senior (more than 8 persons).
Hospices.
Monasteries and convents.
Nursing or convalescent homes.
Orphanages.
Sororities.
Examples of accessory uses:
Associated offices.
Food preparation and dining facilities.
Parking of vehicles for occupants and staff.
Physical rehabilitation as in the case of a nursing home.
Recreational facilities.
Uses not included:
Alternative- or post-incarceration facilities (see subsection 15.3.1.8I, "Social Service Institutions", of this chapter).
Bed and breakfast establishments, hotels, motels, inns, extended stay facilities (see subsection 15.3.1.9D, "Overnight Accommodations", of this chapter).
Congregate care facilities where individual units comply with the definition of a dwelling unit (see subsection A, "Household Living", of this section).
Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (NAICS2 62221, 6232) (see subsection 15.3.1.8I, "Social Service Institutions", of this chapter).
Residential occupancy of a dwelling unit by a household on a month to month or longer basis (see subsection A, "Household Living", of this section).
Treatment centers, transient lodging or shelters (see subsection 15.3.1.8I, "Social Service Institutions", of this chapter). (Ord. 2013-20)
15.3.1.8: PUBLIC AND CIVIC USE CATEGORIES:
A. Community Service:
Characteristics: Uses of a public, nonprofit or charitable nature providing ongoing education, training or counseling to the general public on a regular basis, without a residential component.
Examples of principal uses:
Community centers.
Libraries.
Museums.
Philanthropic institutions.
Senior centers.
Social service facilities.
Youth club facilities.
Examples of accessory uses:
Associated offices.
Food preparation and dining facilities.
Health, arts and crafts, child care and therapy areas.
Indoor or outdoor recreation and athletic facilities.
Limited retail sales.
Meeting areas.
Parking.
Uses not included:
Athletic or health clubs (see subsection 15.3.1.9F, "Retail Sales And Service", of this chapter).
Churches, mosques, synagogues, or temples (see subsection H, "Religious Institutions", of this section).
Counseling in an office setting (see subsection 15.3.1.9C, "Offices", of this chapter).
Parks (see subsection F, "Parks And Open Areas", of this section).
Soup kitchen (see subsection I, "Social Service Institutions", of this section).
Treatment centers, transient lodging or shelters for the homeless (see subsection I, "Social Service Institutions", of this section). (Ord. 2013-20)
B. Day Care:
Characteristics: Uses providing care, protection and supervision for more than six (6) children or adults on a regular basis away from their primary residences. Care is typically provided to an individual for less than eighteen (18) hours each day, although the facility may be open twenty four (24) hours each day.
Examples of principal uses:
Adult day care programs.
Child care center.
Child care institution.
Day care.
Latch key programs.
Nursery schools.
Preschools.
Examples of accessory uses:
Associated offices.
Counseling in an office setting (see subsection 15.3.1.9C, "Offices", of this chapter).
Food preparation and dining facilities.
Health, arts and crafts and therapy areas.
Indoor or outdoor recreation facilities.
Parking.
Uses not included:
In-home child care for fewer than six (6) persons (see subsection 15.3.1.7A, "Household Living", of this chapter).
On site schools or facilities operated in connection with a business or other principal use where children are cared for while parents or guardians are occupied on the premises (see subsection H, "Religious Institutions", of this section).
C. Educational Facilities:
Characteristics: Public and private (including charter or religious) schools at the primary, elementary, middle, junior high or high school level that provide basic academic education. Also includes colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree, usually in a campus setting.
Examples of principal uses:
Boarding schools.
Community colleges.
Elementary schools.
High schools.
Liberal arts colleges.
Middle schools.
Military academies.
Nursing and medical schools not accessory to a hospital.
Private schools.
Seminaries.
Universities.
Examples of accessory uses:
Adult continuing education programs.
Associated offices.
Auditoriums.
Before and after school child care.
Cafeterias.
Child care.
Food services.
Health facilities.
Housing for students and faculty.
Laboratories.
Libraries.
Maintenance facilities.
Meeting areas.
Parking.
Play areas.
Recreational and sports facilities.
Support commercial (a college operated bookstore, for example).
Theaters.
Uses not included:
Business, driving, fitness/wellness, trade and other commercial schools (see subsection 15.3.1.9F, "Retail Sales And Service", of this chapter).
Dance, art, music studios or classes (see subsection 15.3.1.9F, "Retail Sales And Service", of this chapter).
Preschools or nursery schools (see subsection B, "Day Care", of this section). (Ord. 2013-31)
D. Government Facilities:
Characteristics: Offices, storage, maintenance and other facilities for the operation of local, state or federal government agencies.
Examples of principal uses:
City hall.
Courthouse or judicial building.
Detention centers.
Emergency medical and ambulance stations.
Fire stations.
Government offices.
Local, state, or federal offices.
Municipal office center.
Police stations.
Post offices.
Examples of accessory uses:
Associated helicopter landing facilities.
Auditorium and meeting rooms.
Cafeterias.
Camouflage telecommunications.
Child care.
Holding cells.
Infirmaries.
Limited fueling facilities.
Parking.
Satellite offices.
Uses not included:
Educational facilities (see subsection C, "Educational Facilities", of this section).
Maintenance facilities (see subsection 15.3.1.10A, "Light Industrial Service", of this chapter).
Parks and recreational facilities (see subsection F, "Parks And Open Areas", of this section).
Utilities (see subsection J, "Utilities", of this section).
Waste related service (see subsection 15.3.1.10C, "Waste Related Service", of this chapter).
E. Medical Facilities:
Characteristics: Uses providing medical or surgical care to patients, with or without inpatient care.
Examples of principal uses:
Blood plasma donation centers.
Emergency and walk-in clinics.
Hospitals.
Medical and dental clinics.
Medical centers.
Examples of accessory uses:
Associated helicopter landing facilities.
Associated offices.
Cafeterias.
Chapel or other ancillary worship space.
Child care.
Housing for staff or trainees.
Laboratories.
Limited support retail.
Maintenance facilities.
Meeting areas.
Outpatient clinics.
Parking.
Pharmacies.
Recreational facilities.
Teaching facilities.
Temporary housing for relatives of patients.
Uses not included:
Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (see subsection I, "Social Service Institutions", of this section).
Nursing and medical schools not accessory to a hospital (see subsection C, "Educational Facilities", of this section).
F. Parks And Open Areas:
Characteristics: Uses focusing on natural areas consisting primarily of vegetation, with passive or active outdoor recreation areas; also includes community gardens and other open spaces with structures occupying less than five percent (5%) of the land area.
Examples of principal uses:
Botanical gardens.
Community gardens.
Country club or golf course.
Forest and nature preserves.
Game preserves.
Memorial parks.
Miniparks.
Nature preserves.
Neighborhood parks.
Parks.
Reservoir.
Squares, plazas or greens.
Tot lot and playgrounds.
Examples of accessory uses:
Basketball courts.
Boat docks.
Boathouse.
Clubhouses.
Concessions.
Garden sheds.
Gazebos.
Golf driving ranges and miniature golf facilities.
Maintenance facilities.
Parking.
Play equipment.
Recreational trails.
Swimming pools.
Tennis courts.
Water park.
Uses not included:
Athletic or health clubs (see subsection 15.3.1.9F, "Retail Sales And Service", of this chapter).
Membership clubs and lodges (see subsection 15.3.1.9B, "Entertainment", of this chapter).
Water towers, tanks and standpipes (see subsection J, "Utilities", of this section).
G. Passenger Terminal And Services:
Characteristics: Facilities for the takeoff and landing of airplanes and helicopters and terminals for rail, bus, taxi or transit services.
Examples of principal uses:
Airports.
Bus passenger terminals.
Heliports.
Landing strips.
Taxi dispatch center.
Train passenger terminals.
Examples of accessory uses:
Associated offices.
Concessions, including food services and retail.
Freight handling areas.
Fueling facilities.
Limited retail.
Maintenance facilities.
Parking.
Uses not included:
Hotel and similar accommodations except as expressly permitted in applicable zoning district.
H. Religious Institutions:
Characteristics: Places of assembly for worship services and related activities.
Examples of principal uses:
Churches.
Mosques.
Synagogues.
Temples.
Examples of accessory uses:
Associated offices.
Food services and dining areas.
Meeting room/classroom for meetings or classes not held on a daily basis.
On site child care, schools or facilities where children are cared for while parents or guardians are occupied on the premises.
Parking.
Preschools, child care centers, nursery schools, latch key programs, intermediate child care, or adult day care programs (see subsection B, "Day Care", of this section).
Soup kitchen.
Uses not included:
Athletic or health clubs (see subsection 15.3.1.9F, "Retail Sales And Service", of this chapter).
Educational facilities (see subsection C, "Educational Facilities", of this section).
Senior centers, community centers or social service facilities (see subsection A, "Community Service", of this section).
Staff residences located on site.
Treatment centers, transient lodging or shelters for the homeless (see subsection I, "Social Service Institutions", of this section).
I. Social Service Institutions:
Characteristics: Uses that primarily provide treatment for individuals with psychiatric, alcohol or drug problems, and transient housing related to social service programs.
Examples of principal uses:
Alternative- or post-incarceration facility.
Exclusive care and treatment for psychiatric, alcohol, or drug problems, where patients are residents (NAICS 62221, 6232).
Halfway house.
Neighborhood resource center.
Rehabilitative clinic.
Social service facility, soup kitchen, transient lodging or shelter for the homeless (NAICS 624, 6242).
Examples of accessory uses:
Adult educational facility.
Ancillary indoor storage.
Associated office.
Day care.
Food services and dining area.
Meeting room.
Parking.
Staff residences located on site.
Uses not included:
Assisted living facility with individual self-contained dwelling units (see subsection 15.3.1.7A, "Household Living", of this chapter).
Assisted living facility without individual dwelling units, community residential home (see subsection 15.3.1.7B, "Group Living", of this chapter).
Cemetery, columbarium, mausoleum, memorial park (see subsection F, "Parks And Open Areas", of this section).
Educational facility (see subsection C, "Educational Facilities", of this section).
Philanthropic institution (see subsection A, "Community Service", of this section).
J. Utilities:
Characteristics: Public or private facilities that are parts of local infrastructure system providing sewer, water, stormwater, telecommunications, electrical, natural gas or other utility services; "minor utilities" generally do not have permanent on site staff; "major utilities" typically have on site staff on a regular basis.
Examples of principal uses:
Minor utilities:
Lift stations.
Stormwater retention and detention facilities.
Telephone exchanges.
Water and wastewater pump stations.
Major utilities:
Electrical generating plants and substations.
Electrical transmission facilities.
Stormwater pumping station.
Telecommunications tower and facilities.
Television and radio broadcasting transmitters.
Wastewater treatment plants.
Water towers, tanks, or standpipes.
Water treatment plants.
Examples of accessory uses:
Cell antennas.
Control, monitoring, data or transmission equipment.
Parking.
Security measures, such as fences.
Storage.
Uses not included:
Maintenance yards and buildings (see subsection 15.3.1.10A, "Light Industrial Service", of this chapter).
Reservoir (see subsection F, "Parks And Open Areas", of this section).
TV and radio studios (see subsection 15.3.1.9C, "Offices", of this chapter).
Utility offices (see subsection 15.3.1.9C, "Offices", of this chapter).
(Ord. 2013-20; Ord. 2023-18)
15.3.1.9: COMMERCIAL USE CATEGORIES:
A. Eating Establishments:
Characteristics: Establishments that prepare and sell food for on premises consumption.
Examples of principal uses:
Bistro.
Coffee shops.
Drive-ins.
Fast food without drive-through.
Outdoor vendors with permanent facilities.
Pizza delivery establishments.
Restaurant and bar.
Restaurants, limited.
Restaurants with drive-through.
Small scale catering establishments.
Yogurt or ice cream shops.
Examples of accessory uses:
Bars.
Decks and patios for outdoor seating.
Drive-through facilities.
Live music.
Off street customer and employee parking.
Valet parking facilities.
Uses not included:
Bars and nightclubs (see subsection B, "Entertainment", of this section).
B. Entertainment:
Characteristics: Generally commercial uses, varying in size providing daily or regularly scheduled recreation or entertainment activities. Such activities may take place indoors or outdoors.
Examples of principal uses:
Indoor:
Bars and nightclubs.
Indoor entertainment activities such as bowling alleys, game arcades, pool halls, dance halls, indoor firing ranges and movie or other theaters.
Membership clubs and lodges.
Outdoor:
Batting cages.
Commercial golf driving ranges, miniature amusement parks, miniature golf facilities and water parks.
Dog or horse track.
Drive-in theaters.
Fairgrounds.
Flea markets.
Golf driving ranges.
Miniamusement parks.
Miniature golf facilities.
Riding academy or boarding stable.
Stadiums and arenas.
Theaters.
Water parks.
Examples of accessory uses:
Associated offices.
Concessions.
Food preparation and dining areas.
Maintenance facilities.
Parking.
Restaurants.
Uses not included:
Adult entertainment.
Botanical gardens and nature preserves (see subsection 15.3.1.8F, "Parks And Open Areas", of this chapter).
Golf courses or country clubs (see subsection 15.3.1.8F, "Parks And Open Areas", of this chapter). (Ord. 2013-20)
C. Offices:
Characteristics: Activities conducted in an office setting and generally focusing on business, government, or financial services. These uses are sometimes compatible with residential uses, and most generate limited traffic. Accessory uses generally have no external access or signs.
Examples of principal uses:
Advertising offices.
Business management consulting.
Counseling in an office setting.
Data processing.
Financial businesses such as lenders, investment or brokerage houses, collection agencies, or real estate and insurance agents.
Professional services such as lawyers, accountants, bookkeepers, engineers, or architects.
Sales office.
TV and radio studios.
Travel agency.
Utility office.
Examples of accessory uses:
Cafeterias.
Camouflage telecommunications facilities.
Child care.
Health facilities for employees working on site.
Meeting rooms.
On site child care, schools or facilities where children are cared for while parents or guardians are occupied on the premises.
Other amenities primarily for the use of on site employees.
Parking.
Small retail operations for on site workers (with no external signage).
Technical libraries.
Uses not included:
Banks (see subsection F, "Retail Sales And Service", of this section).
Contractors and others who perform services off site, but store equipment and materials or perform fabrication or similar work on site (see subsection 15.3.1.10A, "Light Industrial Service", of this chapter).
Dental offices except where specifically allowed as a permitted use.
Government offices (see subsection 15.3.1.8D, "Government Facilities", of this chapter).
Mail order houses (see subsection 15.3.1.10D, "Wholesale Trade", of this chapter).
Mailing or stenographic services (see subsection 15.3.1.10A, "Light Industrial Service", of this chapter).
Medical offices except where specifically allowed as a permitted use.
Offices that are part of and located with a principal use in another category (see examples of accessory uses in other use categories).
Research, testing and development laboratories (see subsection 15.3.1.10A, "Light Industrial Service", of this chapter).
Urgent care or emergency medical offices (see subsection F, "Retail Sales And Service", of this section).
Veterinary clinics. (Ord. 2013-31)
D. Overnight Accommodations:
Characteristics: Hotel or similar rooms designed for short term rent or lease, generally less than thirty (30) days.
Examples of principal uses:
Bed and breakfast establishments.
Extended stay facilities.
Hotels and motels.
Inns.
Recreational vehicle parks and campgrounds.
Examples of accessory uses:
Associated offices.
Food preparation and dining facilities.
Laundry facilities.
Limited storage.
Meeting facilities.
Parking.
Stealth cell antennas.
Swimming pools and other recreational facilities.
Uses not included:
Transient lodging or shelters for the homeless (see subsection 15.3.1.8I, "Social Service Institutions", of this chapter). (Ord. 2013-20)
E. Parking, Commercial:
Characteristics: Facilities that provide parking for a fee where the parking is not accessory to a specific use and/or where the parking is consistently open to the general public.
Examples of principal uses:
Mixed parking lots (partially accessory to a specific use, partly to rent for others).
Public transit park and ride facilities.
Short and long term fee parking facilities.
Examples of accessory uses:
Small structures intended to shield parking attendants from the weather.
Uses not included:
Bus barns (see subsection 15.3.1.10B, "Warehouse And Freight Movement", of this chapter).
Parking facilities that are accessory to a principal use, but that charge the public to park for occasional events nearby (see examples of accessory uses in other use categories).
Sales or servicing of vehicles (see subsection H, "Vehicle Sales And Service", of this section). (Ord. 2013-31)
F. Retail Sales And Service:
Characteristics: Establishments providing new or used consumer products for sale or rental or providing personal services or entertainment to the general public.
Examples of principal uses:
Sales oriented:
Farmers' markets or farm stand.
Stores selling, leasing, or renting consumer, home and business goods including alcoholic beverages, antiques, appliances, art, art supplies, baked goods, bicycles, building supplies and lumber, books, cameras, carpet and floor coverings, crafts, clothing, computers, convenience goods, dry goods, electronic equipment, fabric, flowers, furniture, flea market or auction, garden supplies, gifts, groceries, hardware, home improvements, household products, jewelry, liquor, manufactured homes, medical supplies, musical instruments, pet food and/or pets, pharmaceuticals, photo finishing, picture frames, plants, printed material, produce, sporting goods, stationery, tobacco and related products, vehicle parts and videos.
Personal service oriented:
Animal care facilities, including veterinary clinic, animal hospital, kennels and grooming services.
Athletic or health clubs.
Banks.
Body art studios.
Business, driving, trade and other commercial schools.
Dance, art, fitness/wellness, gymnastic or music studios or classes.
Dry cleaning and laundry drop off establishments.
Hair, nail, tanning and personal care services.
Laundromats.
Massage therapy.
Mortuaries or funeral homes.
Photocopy, blueprint and quick sign services.
Photographic studios.
Psychics and mediums.
Security services.
Taxidermists.
Urgent care or emergency medical offices.
Repair oriented:
Locksmith.
Repair of appliances, bicycles, canvas products, clocks, computers.
Examples of accessory uses:
Accessory residential unit for security purposes.
Associated offices.
Automatic teller machines (ATM).
Crematorium.
Food preparation and dining areas.
Kennels.
Manufacture or repackaging of goods for on site sale.
Parking.
Parking lot/sidewalk sales.
Storage of goods.
Uses not included:
Adult entertainment except where expressly allowed as a permitted use.
Large scale catering (see subsection 15.3.1.10A, "Light Industrial Service", of this chapter).
Laundry and dry cleaning plants (see subsection 15.3.1.10A, "Light Industrial Service", of this chapter).
Lumberyards and other building material sales that sell primarily to contractors and do not have a retail orientation (see subsection 15.3.1.10D, "Wholesale Trade", of this chapter).
Repair and service of motor vehicles, motorcycles, RVs, boats, and light and medium trucks (see subsection H, "Vehicle Sales And Service", of this section).
Restaurants (see subsection A, "Eating Establishments", of this section).
Sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures (see subsection 15.3.1.10D, "Wholesale Trade", of this chapter).
G. Self-Service Storage:
Characteristics: Facilities providing separate storage areas for personal or business use, designed to allow private access by the tenant for storing or removing personal property or goods.
Examples of principal uses:
Miniwarehouses.
Self-storage warehouse.
Examples of accessory uses:
Accessory residential unit for security purposes.
Leasing offices.
Outside storage of boats and campers.
Uses not included:
Rental of light or medium trucks (see subsection H, "Vehicle Sales And Service", of this section).
Storage areas used as manufacturing uses (see subsection 15.3.1.10A, "Light Industrial Service", of this chapter).
Storage areas used for sales, service and repair operations (see subsection F, "Retail Sales And Service", of this section).
Transfer and storage businesses where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred (see subsection 15.3.1.10B, "Warehouse And Freight Movement", of this chapter). (Ord. 2013-20)
H. Vehicle Sales And Service:
Characteristics: Direct sales of and service for passenger vehicles, light and medium trucks and other consumer motor vehicles such as motorcycles, boats and recreational vehicles.
Examples of principal uses:
Fuel stations, including full service, miniservice and self-service.
Towing service.
Vehicle sales, rental, or leasing facilities, including passenger vehicles, motorcycles, light and medium trucks, boats and other recreational vehicles.
Vehicle service, full; including auto body shops, auto paint shops, upholstery shops.
Vehicle service, limited; including auto detailing, auto repair, battery sales and installation, quick lubrication facilities, tire sales and mounting, car washes.
Examples of accessory uses:
Associated offices.
Parking.
Sales of parts.
Towing.
Vehicle fueling.
Vehicle storage.
Uses not included:
Refueling facilities for fleet vehicles that belong to a specific use (see examples of accessory uses in other use categories).
Retail sales of farm equipment and machinery and earthmoving and heavy construction equipment (see subsection 15.3.1.10F, "Heavy Industrial", of this chapter).
Vehicle parts sales as a principal use (see subsection F, "Retail Sales And Service", of this section). (Ord. 2013-31)
15.3.1.10: INDUSTRIAL USE CATEGORIES:
A. Light Industrial Service:
Characteristics: Establishments engaged in manufacturing, assembly, repair or service of industrial, business or consumer machines, equipment, products or byproducts, mainly by providing centralized services for retail outlets. This category includes contractor, building maintenance and similar establishments that provide services off site. These are distinguished from consumer repair services in part because few individual customers come to the site.
Examples of principal uses:
Building, heating, plumbing or electrical contractors, contractors and others who perform services off site, but store equipment and materials or perform fabrication or similar work on site.
Catering facility, large scale.
Clothing or textile manufacturing.
Commercial bakery.
Crematorium.
Dental laboratories.
Dry cleaning plant.
Exterminators.
Janitorial and building maintenance services.
Large scale catering establishments.
Laundry, dry cleaning and carpet cleaning plants.
Mailing and stenographic services.
Maintenance facilities.
Manufacture or assembly of consumer equipment, instruments (including musical instruments), appliances, precision items and other electrical items.
Movie production facilities.
Photofinishing laboratories.
Printing, publishing and lithography.
Production of artwork and toys.
Repair of scientific or professional instruments, electric motors.
Research, testing and development laboratories.
Sign making.
Storage areas used as manufacturing uses.
Truck stop or truck plaza.
Vehicle and equipment maintenance facilities.
Welding, machine and tool repair shops.
Woodworking, including cabinetmakers and furniture manufacturing.
Examples of accessory uses:
Cafeterias.
Child care.
Employee recreational facilities.
Offices.
On site repair facilities.
Parking.
Single residential unit for security purposes.
Storage.
Uses not included:
Manufacture and production of goods from composting organic material (see subsection C, "Waste Related Service", of this section).
Small scale catering establishments (see subsection 15.3.1.9A, "Eating Establishments", of this chapter).
B. Warehouse And Freight Movement:
Characteristics: Establishments involved in the storage or movement of goods, primarily for commercial users with few retail customers coming to the site.
Examples of principal uses:
Bus barn.
Cold storage plants, including frozen food lockers.
Household moving and general freight storage.
Parcel services.
Separate warehouses used by retail stores such as furniture and appliance stores.
Stockpiling of sand, gravel, or other aggregate materials.
Transfer and storage businesses where there are no individual storage areas or where employees are the primary movers of the goods to be stored or transferred.
Examples of accessory uses:
Cafeterias.
Child care.
Employee recreational facilities.
Offices.
Outdoor storage yard.
Parking.
Single residential unit for security purposes.
Truck fleet parking and maintenance areas.
Uses not included:
Mailing and shipping services.
Miniwarehouses, multi-story enclosed storage facilities or storage garages (see subsection 15.3.1.9G, "Self- Service Storage", of this chapter).
Solid or liquid waste transfer or composting (see subsection C, "Waste Related Service", of this section).
C. Waste Related Service:
Characteristics: Uses that receive solid or liquid wastes from others for processing or for transfer to another location.
Examples of principal uses:
Animal waste processing.
Landfill.
Manufacture and production of goods from composting organic material.
Recycling centers.
Solid or liquid waste transfer or composting.
Wrecking or salvage yard.
Examples of accessory uses:
Offices.
On site refueling and repair.
Parking.
Recycling of materials.
Repackaging and shipment of byproducts.
Uses not included:
Stockpiling of sand, gravel, or other aggregate materials (see subsection B, "Warehouse And Freight Movement", of this section).
D. Wholesale Trade:
Characteristics: Establishments involved in the sale, lease or rental of products primarily intended for industrial, institutional or commercial customers. The uses emphasize on site order taking and may include display areas. These businesses may or may not be open to the general public, but sales to the general public are typically very limited.
Examples of principal uses:
Lumberyards and other building material sales that sell primarily to contractors and do not have a retail orientation.
Mail order houses.
Sale or rental of machinery, equipment, heavy trucks, building materials, special trade tools, welding supplies, machine parts, electrical supplies, janitorial supplies, restaurant equipment and store fixtures.
Wholesale of food, clothing, auto parts and building hardware.
Examples of accessory uses:
Cafeterias.
Child care.
Minor fabrication services.
Offices.
Parking.
Product repair.
Repackaging of goods.
Single residential unit for security purposes.
Warehouses.
Uses not included:
Stores selling, leasing, or renting consumer, home and business goods (see subsection 15.3.1.9F, "Retail Sales And Service", of this chapter).
Warehouse and freight movement uses (see subsection B, "Warehouse And Freight Movement", of this section).
E. Light Industrial:
Characteristics: Establishments involved in research and development activities and operations involving light assembly.
Examples of principal uses:
Drink bottling.
Milk processing plant.
Processing of food and related products.
Examples of accessory uses:
Cafeterias.
Drainage structures.
Offices.
Parking.
Product repair.
Repackaging of goods.
Warehouses.
Uses not included:
Animal waste processing (see subsection C, "Waste Related Service", of this section).
Repair and service of motor vehicles, motorcycles, RVs, boats, and light and medium trucks (see subsection 15.3.1.9H, "Vehicle Sales And Service", of this chapter).
Stores selling, leasing, or renting consumer, home and business goods (see subsection 15.3.1.9F, "Retail Sales And Service", of this chapter).
F. Heavy Industrial:
Characteristics: Manufacturing and processing operations that do not fall under subsections A, "Light Industrial Service", and E, "Light Industrial", of this section and that are not excluded below.
Examples of principal uses:
Abattoirs and slaughterhouses.
Animal concentrations, including commercial feedlots, pig farms and similar uses.
Animal processing, packing, treating and storage.
Concrete batching and asphalt mixing.
Feed and fertilizer mills.
Fuel oil distributors.
Heavy equipment sales and rental.
Power generation.
Production of chemical, rubber, leather, clay, bone, plastic, stone, or glass materials or products.
Production or fabrication of metals or metal products including enameling and galvanizing.
Railroads and appurtenances, right of way and tracks.
Retail sales of farm equipment and machinery and earthmoving and heavy construction equipment.
Sawmills.
Sheet metal shops.
Woodworking, including cabinetmakers and furniture manufacturing.
Examples of accessory uses:
Cafeterias.
Drainage structures.
Offices.
Parking.
Product repair.
Repackaging of goods.
Warehouses.
Uses not included:
Animal waste processing (see subsection C, "Waste Related Service", of this section).
Repair and service of motor vehicles, motorcycles, RVs, boats, and light and medium trucks (see subsection 15.3.1.9H, "Vehicle Sales And Service", of this chapter).
Stores selling, leasing, or renting consumer, home and business goods (see subsection 15.3.1.9F, "Retail Sales And Service", of this chapter). (Ord. 2013-20)
15.3.1.11: OTHER USE CATEGORIES:
A. Agriculture:
Characteristics: Farming and related uses and uses that are commonly incidental to agricultural uses.
Examples of principal uses:
Agricultural crops.
Community gardens.
Feed stores.
Grain storage.
Examples of accessory uses:
Auction ring.
Barns.
Farm stands with retail sales of products produced or harvested on site.
Garages.
Offices.
Sheds.
Silos.
Stables.
Uses not included:
Animal concentrations, including commercial feedlots, pig farms and similar uses (see subsection 15.3.1.10F, "Heavy Industrial", of this chapter).
Animal processing, packing, treating and storage (see subsection 15.3.1.10F, "Heavy Industrial", of this chapter).
Animal waste processing (see subsection 15.3.1.10C, "Waste Related Service", of this chapter).
Kennels with overnight facilities (see personal service oriented in subsection 15.3.1.9F, "Retail Sales And Service", of this chapter).
Processing of food and related products (see subsection 15.3.1.10F, "Heavy Industrial", of this chapter).
B. Resource Extraction:
Characteristics: Mining, quarrying and similar uses.
Examples of principal uses:
Mines.
Quarries, gravel or rock.
Surface mines.
Examples of accessory uses:
Garages.
Materials storage, open air.
Offices.
Sheds.
Silos.
Uses not included:
Materials processing (see various industrial categories in section 15.3.1.10 of this chapter). (Ord. 2013-20)
15.3.2.1: STANDARDS FOR PRINCIPAL USES:
A. General Standards:
1. All principal uses are subject to the general standards for height, setback, signs, parking and other matters, as applicable to the district in which the use is located.
2. Approval of principal uses may be subject to reasonable conditions imposed through the approval process to ensure compatibility between the proposed use and the permitted uses in the district.
B. Special Performance And Design Standards:
1. Certain principal uses are subject to additional standards in some or all districts.
2. Additional standards and/or conditions may be added as part of a special use approval.
3. Additional standards are set forth in section 15.4.7 of this title and are in addition to the general district standards.
C. Mobile Home Standards:
1. Nonconforming, Removal By December 1, 2014: All existing nonconforming mobile homes located in an AG, RR, SIU, or R-1 district that are not the primary structure, and all nonconforming mobile homes located in any other zoning district, other than those located within a registered mobile home park, shall be removed by December 1, 2014. Following that date they will not be considered a legal nonconforming use and shall not be subject to chapter 7, "Nonconformities", of this title.
2. Property Maintenance: All existing mobile homes in all zoning districts, used for residential purposes, shall comply with the international property maintenance code and must be maintained in a sanitary and habitable condition.
3. Vacant, Nuisance: All existing nonconforming mobile homes used for residential purposes that are vacant for a period of six (6) months or more after December 1, 2009, are hereby declared to be abandoned for residential purposes and if used for residential purposes after such abandonment, will constitute a nuisance under this code.
D. Extended Stay Motels/Hotels:
1. Occupancy Standards: Occupancy of any hotel or motel, or bed and breakfast inn, by any individual shall be limited to no more than thirty (30) consecutive days; provided that such occupancy shall be allowed for more than thirty (30) days within extended stay units as defined in section 15.11.4 of this title and which comply with the city of Carbondale's adopted residential building and fire codes.
E. Community Gardens. The purpose of this section is to establish general guidelines to promote the orderly development, management, and maintenance of community gardens in order to provide an avenue for members of the community to grow plants and/or produce for beautification, education, recreation, food security, and/or community distribution.
1. Community gardens may not interfere with or encroach upon sight visibility as outlined in 15.4.6.
2. The property owner of the parcel where the community garden is located must give written permission to those sharing the use of the garden, which the users must secure and keep on file prior to receiving a city-issued Community Garden Zoning Certificate.
3. The Community Garden Zoning Certificate must be accompanied by a design and maintenance plan, which shall include, but is not limited to the following:
a. Location of proposed accessory structures;
b. Location of proposed fencing;
c. Approximate location and size of planting beds;
d. Proposed plant species;
e. Estimated number of community garden volunteers;
f. Proposed structure to log volunteer hours;
g. Applicant summary expressing target harvest weight and/or intentions of the community garden;
4. The signatory of the Community Gardens Zoning Certificate assumes legal responsibility for the maintenance and disassembly of the community garden in the case of disrepair or disuse.
(Ord. 2013-20; Ord. 2023-18)
15.3.3.1: STANDARDS FOR SPECIAL USES:
A. General Standards:
1. All special uses are subject to the general standards for height, setback, signs, parking and other matters, as applicable to the district in which the use is located.
2. Approval of special uses may be subject to reasonable conditions imposed through the approval process to ensure compatibility between the proposed use and the permitted uses in the district.
B. Special Performance And Design Standards:
1. Certain special uses are subject to additional standards in some or all districts.
2. Those standards are set forth in this section and are in addition to the general district standards and any conditions that may be imposed through the special use review process.
C. All-Terrain Vehicle And Motorcycle Sales (In BPR District): Motorcycle and all-terrain vehicle (ATV) sales shall:
1. Provide off street loading in accordance with section 15.4.8 of this title.
2. Be limited to indoor sales and storage of merchandise only and shall not include repair or maintenance services.
3. Test driving of merchandise shall be limited to those vehicles which can be legally operated on public streets in accordance with title 18 of this code and the current Illinois vehicle code.
D. Automobile Parking, Public And Commercial (R-3 District): Automobile parking, public and commercial is allowed as a special use in an R-3 district, subject to the following standards. Such parking facility shall:
1. Provide adequate screening and/or fencing.
2. Be provided with lighting situated in such manner as to protect all adjoining property from unreasonable interference.
3. Be surfaced to meet the paving standards required in the zoning district in which the principal use is located.
E. Automobile Repair Establishments (NB District): Automobile repair establishments are allowed as a special use in an NB district, subject to the following standards. Such repair facility shall:
1. An automobile repair business shall only repair automobiles and pickup trucks. No motorcycles or large trucks shall be repaired.
2. All vehicle repairs shall be done within the enclosed building.
3. At the time the special use is granted, the city council shall determine the maximum number of service bays permitted for the establishment.
4. No vehicles being repaired shall be stored or parked outside the building.
5. No vehicles shall be offered for sale at the automobile repair business.
6. An automobile repair establishment shall meet all requirements in this code and state of Illinois laws and regulations pertaining to air, water and noise pollution and proper disposal of fluids and wastes.
F. Bed And Breakfast Establishments (In AG, RR, R-1, R-1-D, R-2, R-3, PUD, NB, PAR, Or PA District): Bed and breakfast establishments in any AG, RR, R-1, R-1-D, R-2, R-3, PUD, NB, PAR, or PA district shall meet the following requirements:
1. A residential appearance of the premises shall be maintained when a bed and breakfast is built new, renovated from an existing residential structure, or located in a residential appearing structure.
2. The operator shall reside in the bed and breakfast establishment or on contiguous property.
3. The city council shall determine the maximum number of guestrooms at the time the special use is granted.
5. The facility shall be licensed as a bed and breakfast establishment by the appropriate jurisdiction. If located in a jurisdiction with no licensing procedure for bed and breakfast establishments, the facility shall meet all applicable requirements of sections 5-4-1 through 5-4-12 of this code prior to issuance of a zoning certificate.
G. Cabins, Lodges, Etc. (AG And RR Districts): Cabins in the AG or RR district shall meet the following requirements:
1. A residential appearance of the premises shall be maintained when a cabin or lodge is built new, renovated from an existing residential structure, or located in a residential appearing structure.
2. The operator shall reside on the property or on contiguous property.
3. The city council shall determine the maximum number of cabins and/or guestrooms at the time the special use is granted. The density shall be no greater than one cabin per the minimum lot size for the district in which it is located.
5. The facility shall meet all applicable city, township, county and/or state requirements including fire, revenue requirements and issuance of and shall submit evidence of compliance prior to the issuance of a zoning certificate.
H. Contract Construction Services (AG District): Contract construction services shall be allowed in the AG district subject to the site plan review process of section 15.6.10 of this title and subject to the following standards:
1. Outdoor storage areas shall not be placed in any required setback.
2. All outdoor storage areas used in conjunction with contract construction services shall be screened from view by a planting screen of at least six feet (6') in height.
3. "To screen" means densely planted vegetation that is site obscuring and that prevents direct illumination from passing through from one side to another.
4. All open storage areas shall be paved with a dust free surface. Access aisles, loading zones and parking areas shall be surfaced to meet the standards of subsection 15.4.8.5B2 of this title.
5. Any outdoor lighting at such facilities shall be shielded so as to not deflect onto adjacent properties.
I. Day Care Centers:
1. Day Care Centers In The AG, RR, R-3, BPR, BWA, BPL, NB, SB, PA, LI And GI Districts: Day care centers, child care centers, adult day care centers, day nurseries, nursery schools, kindergartens, playgroups, and centers or workshops for the mentally and physically handicapped located in any AG, RR, R-3, BPR, BWA, BPL, NB, SB, PA, LI, or GI district shall provide adequate screening and/or fencing and be designed to be compatible with permitted uses and be subject to all state licensing and fire regulations.
2. Adult Day Care Centers In The PUD, LI And GI Districts: Day care centers for adults including adult day care centers, and centers or workshops for mentally or physically handicapped adults shall be allowed in the PUD, LI, and GI districts as special uses, subject to requirements for adequate screening and/or fencing and be designed to be compatible with permitted uses and be subject to all state licensing and fire regulations.
3. Additional Day Care Centers In PUD District: Day care centers for children which were not approved as part of the development plan including child care centers, day nurseries, nursery schools, kindergartens, playgroups, and centers or workshops for mentally or physically handicapped children which shall provide adequate screening and/or fencing and be designed to be compatible with permitted uses and be subject to all state licensing and fire regulations. (PUD)
J. Day Care Homes:
1. Day Care Homes I, II, And III (AG, RR, R-1, R-1-D, R-2, R-3, PA, PAR And PUD Districts): Day care homes I, II, and III in any AG, RR, R-1, R-1-D, R-2, R-3, NB, PA, PAR, or PUD district shall:
a. Provide adequate screening and/or fencing.
b. Be designed to be compatible with permitted uses.
c. Be subject to all state licensing and fire regulations.
d. Permit outdoor play only between eight o'clock (8:00) A.M. and dusk.
e. Place no play equipment in front yard.
f. Shall comply with occupancy limits as defined in section 15.11.4 of this title.
K. Drive-In Or Drive-Through Facility (BPR District): A drive-in or drive-through facility in any BPR district shall provide an appropriate parking and vehicular circulation plan and if deemed necessary by the nature of the proposed use, as well as stacking space for vehicles as required by section 15.4.8.9 of this title.
L. Drive-In Theaters (AG District): Drive-in theaters in the AG district shall provide adequate screening to protect adjoining property from unreasonable interference.
M. Educational Facilities (NB District):
1. Driving schools in the NB district shall meet the following requirements:
a. Shall be limited to activities within completely enclosed buildings. This may include indoor simulators, indoor classrooms, and office use.
N. Dwelling Units In Certain Nonresidential Districts (NB, PA, PAR, And SB):
1. In the SB or PA district, dwelling units shall be permitted that are permitted in the R-3 district and subject to the same design standards and occupancy restrictions that apply in the R-3 district. The minimum setbacks for the development shall conform to the R-3 district but shall not be less than the district in which it is located.
2. In the PAR district, dwelling units are permitted as in the R-2 district and subject to the same occupancy restrictions. Such residential uses and structures shall be developed in accordance with the provisions of the R-2 district, the same as if they were located in such district.
3. In the NB district, dwelling units other than those permitted in the lowest density adjoining residential district, are allowed in nonresidential buildings constructed in residentially zoned areas, but for which conversion to a different use is proposed. Occupancy of each dwelling unit shall be subject to the same occupancy restrictions as in the lowest density adjoining residential district. Adjoining shall be interpreted to include across any street or alley.
O. Ecotourism Related Activities In The AG District: Certain uses are allowed as a special use in the AG district with the intent of accommodating the expansion of the ecotourism industry. When requesting a special use, the applicant shall clearly indicate how the proposed development supports the city's goal of promoting ecotourism.
P. Group Homes:
1. Except as otherwise provided in certain districts, where a group home I is allowed as a special use, it shall comply with the administrative occupancy permit requirements related to spacing and licensing in section 15.6.4 of this title.
2. Except as otherwise provided in certain districts, where a group home II is allowed as a special use, it shall comply with the administrative occupancy permit requirements related to spacing and licensing in section 15.6.4 of this title.
Q. Inns (AG, RR, R-1, R-1-D, R-2, R-3, PAR, Or PA District): Inns in any AG, RR, R-1, R-1-D, R-2, R-3, PAR, or PA district shall meet the following requirements:
1. A residential appearance of the premises shall be maintained when an inn is built new, renovated from an existing residential structure, or located in a residential appearing structure.
2. The operator shall reside in the inn or on contiguous property.
3. The city council shall determine the maximum number of guestrooms at the time the special use is granted.
4. At the time the special use is granted, the city council shall determine if a public eating facility is permitted and shall determine the maximum number of seats in the public eating facility.
6. The facility shall meet all applicable city, township, county and/or state requirements including fire, revenue requirements and issuance of and shall submit evidence of compliance prior to the issuance of a zoning certificate.
7. Alcoholic beverages may be sold if permitted by a valid local liquor license but shall be sold by the drink with meals. No package sales for consumption on or off the premises shall be permitted.
R. Junkyard, Auto Wrecking Yard, Or Storage (LI And GI Districts): Junkyards, automobile wrecking yards, or storage may be allowed as special uses in the LI and GI districts. These uses shall be permanently screened from view to a height of at least eight feet (8').
S. Miniwarehouses (R-3 And SB Districts): Miniwarehouses may be permitted as special uses in R-3, high density residential and SB, secondary business, subject to the following requirements in addition to any other requirements for miniwarehouses established by this title:
1. Storage shall be within completely enclosed building. Outside storage is prohibited.
2. Storage of explosives or radioactive materials is prohibited.
3. Maximum height of storage buildings shall be eighteen feet (18').
4. A decorative landscaped area not less than five feet (5') in width shall be provided continuously (except for authorized curb cuts) along all property boundaries that adjoin a public street. Grass, seed, or sod shall not constitute decorative landscaping. Said landscaped area shall be maintained in such a manner as not to impair vehicle visibility at corner intersections. No additional decorative landscaped areas for the project office, the manager's quarters (if provided), or the driveways shall be required.
T. Miniature Golf, Batting Cages, And Driving Ranges (NB District): Miniature golf, batting cages, and driving ranges in the NB district shall meet the following requirements:
1. Not to include driving ranges.
2. Hours of operation not to exceed nine o'clock (9:00) A.M. to nine o'clock (9:00) P.M.
U. Mobile Homes On Individual Lots (RR District): Mobile homes placed on lots as special uses in an RR district must meet all of the minimum setback and floor area requirements for the district in which they are located. Mobile homes placed as special uses shall meet the minimum floor area requirement as they are originally designed and manufactured to be assembled, without additions, except additions commonly referred to as "tip outs" which are specifically designed and manufactured to be assembled with the particular mobile home. For purposes of this section, floor area calculations shall be measured from the faces of exterior walls including "tip outs", if any, but excluding tongue and hitch. The tongue, hitch, and wheels must be removed; the mobile home must be mounted on a permanent foundation; the mobile home must be completely skirted and tied down in accordance with this code. The mobile homes must comply with all applicable energy efficiency codes.
V. Private Access Roads (All Districts Where Allowed): Private access roads or streets to or from a permitted use in an adjoining district shall:
1. Provide appropriate screening and/or fencing.
2. Be provided with lighting situated in such a manner as to protect all adjoining property from unreasonable interference.
3. Be surfaced to meet the paving standards required in the zoning district in which the principal use is located or the zoning district in which the access road is located, depending upon which district's standards are stricter, as provided in subsection 15.4.8.5B of this title.
4. Be limited to one-way traffic flow (entrance only or exit only) where feasible.
W. Restaurants (NB District): Restaurants in the NB district shall meet the following requirements:
1. The city council shall determine the maximum amount of patron seating allowed, at the time the special use is granted.
2. No drive-through or curb service shall be permitted.
3. Alcoholic beverages may be sold if permitted by a valid local liquor license but shall be sold only by the drink with meals. No package sales for consumption on or off the premises shall be permitted.
X. Senior Housing Conversion Development (R-1, R-2, And R-3 Districts): Senior citizen housing conversion developments in the R-1, R-2, and R-3 districts may be allowed as a special use. The special use shall be granted only to allow the conversion of existing nonresidential buildings to residential use by senior citizens. Special use shall be granted and developed on the basis of the plan and building facade design submitted with the special use application. The number of dwelling units in a senior citizen housing conversion development shall be set by the city council at the time the special use is approved. The following additional development standards apply to such a development when allowed in the R-1 district:
1. Minimum Floor Area: Three hundred (300) square feet of floor area within each dwelling unit. Garages and common areas shall not be counted toward the three hundred (300) square feet.
2. Maximum Occupancy: Occupancy of a senior citizen housing conversion unit shall be limited to one senior citizen and his or her spouse except that one additional person may occupy the dwelling unit while acting as a caregiver to the senior citizen and/or the spouse occupying the dwelling unit. In the case of unmarried or widowed senior citizens, maximum occupancy of the senior citizen housing conversion unit shall be limited to two (2) senior citizens except that one additional person may occupy the dwelling unit while acting as a caregiver to a senior citizen occupying the dwelling unit.
3. Minimum Parking Spaces: A minimum parking ratio of one space per senior citizen housing conversion unit shall be provided unless the city council determines at the time of special use approval that a higher minimum number is required. The determination shall be based on the nature of the proposed occupancy, e.g., size of units, number of occupants, number of on site service providers, likelihood of occupants to own cars, etc.
4. List Of Occupants: The owner of a senior citizen housing conversion development or senior citizen housing conversion unit shall maintain at all times a current list of all occupants of the development or unit. Said list shall contain the names, birth dates and relationship status of each occupant of each unit by unit number. Said list shall be made available to the city at the request of the city for purposes of determining compliance with the occupancy requirements of this section. To facilitate securing occupant's information, said owner shall require in all rental agreements or leases a condition requiring occupants to furnish all information required for said list. Any failure to secure, maintain or provide said list of occupants to the city shall constitute a violation of this section on the part of the owner.
Y. Township Governmental Services (AG District):
1. Upon special use approval for a township governmental service facility by the city council, development of the facility shall be subject to site plan requirements as outlined in section 15.6.10 of this title.
2. All outdoor storage areas used in conjunction with township governmental services shall be screened from view by an opaque fence or planting screen of at least six feet (6') in height. Such storage areas shall not be placed in any required setbacks.
3. Any outdoor lighting at such facilities shall be shielded so as to not deflect onto adjacent properties. (Ord. 2014-48)
15.3.4.1: ACCESSORY BUILDINGS:
A. General Standards: Accessory buildings and other accessory structures except communication towers expressly permitted by this title shall be subject to the following standards:
1. Location: No accessory building shall be erected within three feet (3') of any side or rear lot line, and no accessory building shall be erected in any required minimum front yards. No separate accessory building shall be erected within five feet (5') of any other structure. No accessory building shall be erected or remain on any lot or site that does not contain a principal structure except in the case of community gardens as outlined and limited in § 3.2.1.E.
2. Use:
a. The use of an accessory building or structure shall be limited to an allowed accessory use or to an extension of the principal use of the principal building on the site;
b. In no case shall an accessory building or structure be used for a second principal use on a site.
B. Size/Scale/Number; Special Standards For R-1, R-2, R-3 And PUD Districts: The following standards shall apply to accessory buildings in all R-1, R-2, R-3 and PUD districts:
1. There shall be no more than two (2) accessory buildings on a lot or tract with one principal building.
2. The floor area of any accessory building shall not exceed the larger of the following:
a. Eight hundred (800) square feet; or
b. The combined floor area of accessory buildings shall not exceed eight hundred (800) square feet.
3. The height of an accessory building shall not exceed the lower of the following:
a. Ten feet (10') less than the permitted height for the zoning district; or
b. Twenty five feet (25').
Note that this height limit does not apply to permitted antenna structures or the towers or other support systems for them.
C. Size/Scale/Number; GI And LI Districts:
1. Accessory buildings in these districts shall not be located in a required yard, buffer or setback area of any kind;
2. There is no separate limit for the height or size of an accessory building in these districts;
3. There is no limit on the number of accessory buildings in these districts.
(Ord. 2013-20; Ord. 2023-18)
15.3.4.2: ACCESSORY USES:
A. Home Office:
1. Applicability:
a. A home office shall be allowed as an accessory use in any lawful dwelling unit located in the AG, RR, R-1, R-1-D, R-2, R-3, PUD or PAD district, provided that it conforms to the standards set forth in subsection A2 of this section;
b. This use is a use by right; no permit or other approval shall be required for a home office; and
c. An activity or use that does not qualify as a home office may qualify as a home occupation, requiring a permit in accordance with the provisions of subsection B of this section.
2. Standards: To qualify as a home office, the use must meet all of the following criteria:
a. It shall involve no modifications to the exterior of the dwelling;
b. It shall involve no structural alterations to the interior of the dwelling;
c. If the home office is in an accessory building, it shall involve no modifications to the accessory building that affect the outside of the building other than the installation of necessary windows and doors for the office;
d. It shall involve no special equipment other than typical office equipment;
e. The occupation to which it relates shall not involve a commercial vehicle or a personal vehicle containing advertising other than bumper stickers if the principal parking place for the vehicle is at the dwelling unit;
f. The home office shall not employ for work on the premises any person who does not reside in the dwelling;
g. There shall be no storage of inventory for sale in the home office or other parts of the dwelling unit;
h. There shall be no regular practice of inviting customers, clients, suppliers or others to the home office to conduct business; and
i. There shall be no exterior sign related to the home office or the occupation that it serves.
B. Home Occupation:
1. Applicability:
a. A home occupation located in any lawful dwelling unit located in the AG, RR, R-1, R-1-D, R-2, R-3, PUD, or PAD district, meeting all of the criteria set forth in subsection B2 of this section is a use by right; it shall require a zoning certificate, to be issued administratively in accordance with section 15.6.2 of this title;
b. A home occupation located in any lawful dwelling unit located in the AG, RR, R-1, R-1-D, R-2, R-3, PUD, or PAD district, that meets most but not all of the criteria set forth in subsection B2 of this section may be allowed as a special use by the city council, in accordance with section 15.6.8 of this title.
2. Standards: To qualify as a home occupation, the use must meet all of the following criteria:
a. No persons other than members of the family residing on the premises in question shall be engaged in such occupation;
b. The total horizontal area, including, but not limited to, basement areas and cellar areas, used for a home occupation does not exceed twenty five percent (25%) of the entire, aggregate horizontal floor area, including, but not limited to, basement areas and cellar areas, of all dwelling units and all accessory buildings located on the premises in question;
c. There is no change in the outside appearance of any buildings or of the premises or other visible evidence of the conduct of such home occupations other than any sign permitted for home occupations by section 15.4.10.5 of this title;
d. No sales, other than the sale of goods produced or repaired in connection with such occupation and occasional sales of products normally sold by other businesses similar to the home occupation are made on the premises in question;
e. Any need for parking space created because of the conduct of such home occupation shall be met by providing off the street parking space;
f. No noise, vibration, glare, fumes, odor, smoke, or electrical interference of any kind that is either noxious or unreasonably disturbing to others not engaged in such home occupation is caused by or results from such home occupation;
g. Notwithstanding anything to the contrary hereinabove contained, home occupation shall not be construed to include the occupations of chiropractic treatment, dentistry, law, medicine, optometry and real estate sales and rentals.
h. A petition of support, signed by the occupants of all adjoining property and adjacent properties across the street, shall be submitted to the planning services division at the time of application.
C. Vacation Rental Units:
1. Applicability:
a. A vacation rental unit meeting all of the criteria set forth in subsection C2 of this section is a use by right; it shall require a zoning certificate, to be issued administratively in accordance with section 15.6.2 of this title;
2. Standards: To qualify as a vacation rental unit, the use must meet all of the following criteria:
a. Vacation rental units shall be limited to owner occupied or lessee occupied property, except for those located in the BPR, Primary Business; PA, Professional Administrative Office; and PAR, Professional Administrative Office Residential, zoning districts;
b. Vacation rental units shall be limited to any legally constructed primary or accessory structure designed and built for use as a dwelling;
c. Occupancy of the vacation rental unit shall comply with the occupancy standards of the zoning district in which the unit is located;
d. For any one renter, vacation rental units shall not be rented for any period shorter than twenty four (24) hours or longer than twenty nine (29) days;
e. All advertisements for the vacation rental unit must include the applicable permit number in its listing;
f. The homeowner or lessee must maintain a vacation rental unit license as permitted by the building and neighborhood services division;
g. The licensee must maintain fire, hazard and liability insurance on the property;
h. The licensee must maintain minimum liability insurance with limits not less than five hundred thousand dollars ($500,000.00) for each individual and one million dollars ($1,000,000.00) per occurrence;
I. Two (2) parking spaces shall be provided per dwelling unit. A property owner may count one on street parking space toward the number of parking spaces required. Minimum parking requirements do not apply to vacation rental units located in the BPR, primary business, zoning district.
(Ord. 2017-03; Ord. 2020-33; Ord. 2025-06)
15.3.4.3: ON SITE STORAGE AND PARKING OR USE OF MAJOR RECREATIONAL EQUIPMENT OR CERTAIN VEHICLES:
A. Parking, Storage, Or Use Of Major Recreational Equipment: For purposes of these regulations, "major recreational equipment" is defined as including boats and boat trailers, travel trailers, pickup truck campers not mounted on said pickup truck, motorized dwellings exceeding twenty feet (20') in length, tent trailers, utility trailers and the like, tents, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not. No major recreational equipment shall be parked or stored on any lot in a residential district except in a carport or enclosed building or behind the front line of a building. The recreational vehicle must be parked or stored on an improved surface in accordance with the paving standards for the district in which it is located. Such recreational equipment may be parked anywhere on residential premises for a period not to exceed seventy two (72) hours during loading or unloading. No such equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.
B. Parking And Storage Of Certain Vehicles: Automotive vehicles, trucks or trailers of any kind or type without current license shall not be parked or stored on any residentially zoned property other than in completely enclosed buildings.
C. Mobile Homes, Trailers, Vehicles, Semitrailers, Cargo Shipping Containers, And Movable Structures:
1. Prohibited: No mobile home, trailer, vehicle, semitrailer, or cargo shipping container, except those as allowed in subsection C2 of this section, or similar movable structure shall be located or used on any property for business or industrial use, or for uses accessory to any principal structure, including storage of any kind, in all zoning districts.
2. Exceptions: This subsection shall not apply to licensed and operable vehicles, trailers, or semitrailers parked in off street loading spaces for a maximum of ninety (90) days, construction trailers at active construction sites, or those portable or modular storage buildings for which building and zoning permits have been issued by the city of Carbondale. Bona fide truck or equipment terminals or truck or equipment sales or leasing establishments for which a zoning certificate has been issued in conformance with this title may store those vehicles, trailers, or semitrailers sold, leased, or stored as part of their business operation. This subsection shall not apply to mobile homes used for residential purposes in conformance with all other provisions of this title. (Ord. 2013-20)
15.3.4.4: RECREATIONAL PLAY EQUIPMENT:
For purposes of these regulations, "recreational play equipment" is defined as including, but not limited to, trampolines, swing sets, swimming pools, etc. No recreational play equipment shall be located within any required minimum front yard on any lot in a residential district. (Ord. 2013-20)
15.3.4.5: SATELLITE DISH ANTENNAS REGULATED:
Satellite dish antennas shall not be considered accessory structures in any zoning districts within the jurisdiction of this title, but will be subject to the following restrictions:
A. Installation Generally:
1. No satellite dish may be mounted so that it blocks, wholly or partially, a required exit, including egress windows required by the building code.
2. In any historic district or on any historic building subject to local regulation, satellite dishes may be installed only after the issuance of a certificate of appropriateness.
B. Dishes Larger Than One Meter: Satellite dishes larger than one meter (1 m) in diameter shall be subject to the following additional restrictions:
1. In the R-1, R-1-D, R-2, R-3, PAR, PUD, and the RMH districts, such satellite dish antennas shall not be located in any "front yard" (as defined in chapter 11 of this title), in any portion of the lot closer to a public street than a principal building located on said lot is to that public street, or within ten feet (10') of any side and/or rear lot lines.
2. In all other zoning districts not specified above, satellite dish antennas shall not be located in any "front yard" (as defined in chapter 11 of this title) or within ten feet (10') of any lot lines.
C. Removal Of Abandoned, Damaged, Or Nonfunctioning Satellite Dishes: Any satellite dish that has been abandoned, damaged, or is no longer functioning shall be removed from the premises by the owner. This includes satellites mounted within the yard or attached to a structure. All components of the satellite dish shall be removed including the satellite dish, any mounting devices, and wiring. (Ord. 2013-20)
15.3.4.6: GROUND MOUNT SOLAR ENERGY SYSTEMS:
Ground mount solar energy systems shall be subject to the requirements of the minimum area, bulk and yard requirements of the zoning district in which they are proposed, unless otherwise stated herein:
A. Permitted use: A ground mount solar energy system shall be considered an accessory use to a permitted principal use. Where no principal use is present, a special use permit must be granted for establishment of a ground mount solar energy system. In any historic district or on any historic building subject to local regulation, ground mount solar energy systems may be installed only after the issuance of a certificate of appropriateness. Ground mount solar energy systems shall not be located within any utility easements, unless permission is granted by the applicable public and private agencies.
B. Special Requirements: Ground mount solar energy systems shall be subject to the requirements of the minimum area, bulk and yard requirements of the zoning district in which they are proposed, unless otherwise stated herein:
1. Ground mount solar energy system height and size. Height shall not be greater than 12 feet at maximum tilt of the solar panel(s) as measured from the average grade at the base of the supporting structure to the highest edge of the system. Area of system shall not exceed the area of the primary structure in square feet. For lots less than or equal to 10,000 square feet, the area of the system shall not be greater than 800 square feet and shall not exceed the area of the primary structure. For lots greater than 10,000 square feet, the system shall not be greater than 8% of the lot area.
2. Ground mount solar energy system setbacks. Ground mount solar energy systems shall not be permitted to be located in any front yard, in any portion of the lot closer to a public street than a principal building located on said lot is to that public street, or within ten feet (10') of any side and/or rear lot lines, or within ten feet (10') of any habitable structure.
3. Ground mount solar energy system components. All ground mount solar energy system components shall have an Underwriters Laboratory (UL) listing or approved equivalent. Solar energy collectors shall be constructed from non-reflective materials.
C. Removal Of Abandoned, Damaged, Or Nonfunctioning Ground Mount Solar Energy Systems: Any ground mount solar energy system that has been abandoned, damaged, or is no longer functioning shall be removed from the premises by the owner. All components of the ground mount solar energy system shall be removed within twelve (12) months of cessation of operations including solar energy collectors, any mounting devices and hardware, and wiring. (Ord. 2022-07)
15.3.4.7: CONCENTRATING SOLAR-THERMAL POWER (CSP) TECHNOLOGIES:
Concentrating Solar-thermal Power (CSP) technologies are not permitted within the jurisdictional limits of the City of Carbondale. (Ord. 2022-07)
15.3.5.1: CIRCUSES, CARNIVALS, REVIVAL TENTS, AND SIMILAR USES:
Circuses, carnivals, and similar amusement enterprises and revival tents shall be permitted in any zoning district, but only after a special permit has been granted by the city council for a specific use, time and place. (Ord. 2013-20)
15.3.6.1: STATEMENT OF INTENT:
A. Purpose: The purpose of this section is to establish general guidelines for the siting of wireless communication facilities (WCFs) and to encourage the orderly development of WCFs for the benefit of the community while protecting the character of residential neighborhoods and preserving the utility of the Southern Illinois Airport. In the interest of protecting the public's health, safety and general welfare, and to advance sound planning principles, it is important that the city encourage the delivery of new wireless technologies while controlling the proliferation of transmission towers. The objectives of the wireless communication facilities siting regulations and development standards are the following:
1. To protect residential areas from the uncontrolled development of WCFs by requiring reasonable siting conditions;
2. To encourage the users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;
3. To provide a range of locations for WCFs throughout the city's zoning jurisdiction;
4. To promote the use of suitable land for the location of wireless antennas, towers and/or other WCFs;
5. To encourage collocation and site sharing of existing and new WCFs;
6. To encourage the location of WCFs onto existing structures to reduce the number of new communication towers needed within the city of Carbondale's zoning jurisdiction;
7. To regulate the type of tower facility constructed when towers are permitted;
8. To enhance the ability of providers of wireless communication services to provide such services to the community;
9. To preserve aircraft safety, access and the utility of the Southern Illinois Airport; and
10. To establish development standards to address the siting of WCFs which are consistent with the requirements of the federal telecommunications act of 1996, and are in the best interest of the future of the city of Carbondale.
In furtherance of these objectives, the city shall give due consideration to the comprehensive plan and zoning map, the Southern Illinois Airport hazard zoning regulations, existing land use and the location of environmentally sensitive areas in approving sites for the location of WCFs.
B. Applicability:
1. New Wireless Communication Facility: No person, firm or corporation shall install or construct any new WCF, unless and until, a tower and/or antenna use permit (TAUP) is issued by the development services director pursuant to the requirements of this section.
2. Preexisting Wireless Communication Facility: WCFs which exist, or WCFs which have been issued a zoning certificate to construct, prior to February 6, 2001, shall not be required to meet the requirements of this section, unless expansion or additions are requested. Alterations to a support structure, or the addition of antenna arrays to a structure, must meet the requirements of this section and may be completed after appropriate permits are issued.
3. Exemptions: The provisions of this section do not apply to a ground or building mounted receive-only radio or television antenna used for residential purposes; a ground or building mounted citizens band radio antenna; a ground, building or tower mounted antenna operated by a federally licensed amateur (ham) radio operator; and satellite dish antennas less than one meter (1 m) in diameter for residential uses, and less than two meters (2 m) in diameter for commercial or industrial uses, including direct to home satellite services, when used as an accessory use of the property. Such installations shall comply with any other applicable provisions of the zoning code.
C. Shared Facilities And Collocation Policy: All new wireless communication facilities shall be engineered, designed and constructed to be capable of sharing the facility with other applicants, to collocate with other existing WCFs and to accommodate the future collocation of other WCFs. A tower and/or antenna use permit (TAUP) shall not be issued until the applicant proposing a new WCF shall demonstrate that it has made, in reasonable good faith, an attempt to locate its WCF onto an existing structure. Competitive conflict and financial burden alone are not deemed to be adequate reasons against collocation.
D. Inventory Of Existing Sites: Upon adoption of this section, all wireless communication service providers operating in the city of Carbondale are required to register with the city of Carbondale. Registering service providers shall provide to the development services department an inventory of existing WCF towers and/or antennas that are within the zoning jurisdiction of the city of Carbondale, which includes all areas in the city limits and within one and one-half (11/2) miles of the border thereof, including specific information about the location, height and design of each tower.
E. Preference Locations For Facilities: The order of preference for locating new wireless communication facilities within the city of Carbondale's zoning jurisdiction shall be as follows:
1. Locating antenna attachments to existing support structures or to existing buildings or other structures which shall include, but not be limited to, utility poles, signs and water towers. All antenna attachments shall be permitted by administrative approval subject to the development standards of subsection J of this section.
2. Locating new support structures on land that meet all of the following requirements:
a. The site is located on property zoned AG, GI, or PAD.
b. The site has a setback distance of five hundred feet (500') from residentially zoned property (RR, R-1, R-1-D, R-2, R-3, PUD, and RMH).
c. The site has a minimum spacing requirement distance of one thousand feet (1,000') from any other support structure greater than one hundred feet (100') in height.
d. The support structure does not exceed three hundred feet (300') in height. In the PAD district the support structure may not exceed one hundred feet (100') in height.
e. Support structures on these lands shall be permitted by administrative approval subject to the development standards of subsection J of this section.
f. Locating new support structures on any other lands not meeting the requirements in this subsection E2. Support structures on these lands shall only be permitted by means of approval of a special use and subject to the development standards of subsection J of this section. When applying for a special use, the applicant shall provide the city with adequate information to establish that no lands included in this subsection E, can be made suitable for the applicant's proposed WCFs in accordance with subsection C of this section. (Ord. 2013-20)
F. Review Procedures:
1. Permitted Wireless Communications Facilities: Attached WCFs that meet the development standards prescribed in subsection J of this section shall be permitted by administrative review. All WCFs with support structures that are located on land in accordance with the requirements prescribed in subsection E of this section and meet the development standards prescribed in subsection J of this section shall be permitted by administrative review.
2. Wireless Communications Facilities Permitted By Special Use: All other proposed WCFs not included in subsection F1 of this section shall be subject to the special use approval process.
3. Temporary Wireless Communications Facilities: Temporary WCFs may be permitted by administrative approval for a term not to exceed sixty (60) days. Once granted, a temporary WCF permit may be extended for an additional sixty (60) days upon evidence of need by the applicant. Upon termination of the administrative approval for the temporary WCF, the temporary WCF shall be removed at the owner's expense.
4. Certificates Of Appropriateness: Any wireless communication facilities, regardless of type, to be located within an established national register or Carbondale registered historic district or landmark, shall be subject to review by the preservation commission in accordance with section 15.2.5.4 of this title. (Ord. 2013-31)
G. Tower And/Or Antenna Use Permit Submittals (TAUP):
1. All requests for a WCF, regardless of type, shall submit an application for a tower and/or antenna use permit (TAUP) on forms prescribed by the city and attach the following supporting documents and exhibits:
a. Scaled site plan.
b. Scaled elevation view.
c. Color rendering and/or photo simulation(s) of the proposed tower with its antennas, all facilities and required landscaping viewed from the nearest adjacent street or streets.
d. Copy of the FCC license of each proposed user of the tower, or in the case of new towers, approval from the FCC to construct the tower to demonstrate that all federal and state requirements have been met, including, but not limited to, those requirements of the national environmental policy act (NEPA), the federal aviation administration (FAA) and the state historic preservation office (SHPO) of the state of Illinois, if applicable.
e. Other supporting drawings, calculations and other documentation, signed and sealed by appropriate Illinois licensed professionals, showing the location and dimensions of all improvements, including information concerning topography, radio frequency coverage, tower height requirements, setbacks, drives, parking, fencing, landscaping, adjacent uses, and other information deemed by the development services director to be necessary to assess compliance with this section.
f. Copy of a collocation agreement wherein the applicant acknowledges that a condition to granting any tower and/or antenna use permit is the applicant's ongoing commitment to make available and reasonably market collocation sites on each new tower.
g. Evidence of compliance with subsections C, D, and H of this section.
H. Administrative Review Procedure: The following administrative review process shall apply to all WCF applications eligible for administrative review:
1. Review Authority: Review of proposed WCFs under this section shall be conducted by the development services director, or his/her designee, upon filing a TAUP application. The development services director may waive or amend specific requirements in subsection G of this section for the submittal of a TAUP application, if it is determined by the development services director that the goals of this section would be better served thereby.
2. Review Criteria: Each TAUP application shall be reviewed for compliance with the development standards specified in subsection J of this section.
3. Timing Of Decision: The development services director, or his/her designee, shall render a decision on the TAUP application by written response to the applicant within twenty (20) business days after receipt of the complete application, except that an extension may be agreed upon by the applicant.
4. Application Approval: If the TAUP application is in compliance with the development standards in subsection J of this section, and otherwise meets the requirements of this section, the development services director shall issue a TAUP.
5. Application Denial/Appeal Process: If administrative approval is denied by the development services director, the reason for denial must be made to the applicant in writing. The applicant may appeal the denial to the city manager. The city manager shall hear the appeal within ten (10) days of receiving a written request from the applicant. The city manager shall submit his/her written determination on the appeal to the applicant and to the development services director within five (5) working days of the conclusion of the appeal hearing. If administrative approval is denied by the city manager, the applicant may appeal the denial to the city council for the final determination in approving or denying the TAUP application.
I. Special Use Review Procedure: The following shall apply to all TAUP applications requiring submission to the planning commission for review in accordance with section 15.6.8 of this title. The planning commission shall consider the following in reaching a decision for recommendation to the city council:
1. Review Criteria: Each TAUP application shall be reviewed for compliance with the development standards set forth in subsection J of this section.
2. Tower Siting Conditions: The planning commission may recommend to the city council that conditions and restrictions be imposed on the application, or on the premises benefited by the TAUP, as it deems necessary to reduce or minimize any adverse effects and to enhance the compatibility of the WCF with the surrounding property, in accordance with the purposes and intent of this section.
3. Factors In Granting Special Use Permits For Towers: In addition to any standards for consideration of special use permit applications pursuant to section 15.6.8 of this title, the planning commission and city council shall consider the following factors when reviewing TAUP applications for new towers:
a. Height of the proposed tower;
b. Proximity of the tower to residential structures and residential district boundaries;
c. Nature of uses on adjacent and nearby properties;
d. Surrounding topography;
e. Surrounding tree coverage and foliage; and
f. Proposed ingress and egress.
4. Availability Of Suitable Existing Towers, Other Structures Or Alternative Technology: No new support structure shall be permitted unless the applicant submits a written brief demonstrating that no existing tower, structure, or alternative technology that does not require the use of towers or structures, can accommodate the applicant's proposed WCF. Evidence submitted to demonstrate that no existing tower or structure can accommodate the applicant's proposed WCF shall be prepared by a qualified and licensed Illinois professional engineer and may consist of one or more of the following:
a. Existing towers or structures are not located within a reasonable geographic area which meets the applicant's engineering requirements.
b. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
c. Existing towers or structures cannot be altered to provide sufficient structural strength to support applicant's proposed antenna and related equipment.
d. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
e. The fees, costs or contractual provisions required by the owner in order to share an existing tower or structure, or to adapt an existing tower or structure for sharing, are unreasonable based upon market information provided to the development services director. Costs exceeding new tower development are presumed to be unreasonable.
f. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
g. The applicant demonstrates that an alternative technology that does not require the use of towers or structures is unsuitable.
h. Applicants are required to demonstrate by providing proof of certified mailings or other reasonable means:
(1) That they have contacted the owners of reasonably suitable structures within a one thousand foot (1,000') radius of the proposed site and, which from a location standpoint, could provide part of a network for transmission of signals;
(2) That they have asked for permission to install the antenna on those structures; and
(3) That they were denied for reasons other than economic feasibility.
J. Development Standards: Development standards for wireless communications facilities shall include the following standards:
1. Height Standards: Attached WCFs are exempt from any height standard. The following height standards shall apply to support structure installations and shall supersede the height limitations of the zoning districts in this title:
a. WCFs in the RR, R-1, R-1-D, R-2, RMH, and PAR districts shall be restricted to fifty feet (50') in height.
b. WCFs in the PAD district shall be restricted to one hundred feet (100') in height or shall be subject to the special use procedures outlined in section 15.6.8.2 of this title.
c. WCFs in the R-3, PUD, NB, PA, SB, BPL, and BPR districts shall be restricted to one hundred fifty feet (150') in height. In addition, any WCF with a support structure in these districts shall be engineered and constructed to accommodate multiple antenna arrays.
d. WCFs in the BWA district shall be restricted to two hundred feet (200') in height. In addition, any WCF with a support structure in this district shall be engineered and constructed to accommodate multiple antenna arrays.
e. WCFs in the F, AG, LI, and GI districts shall be restricted to three hundred feet (300') in height. All WCFs with a support structure up to a height of one hundred fifty feet (150') shall be engineered and constructed to accommodate multiple antenna arrays. All WCFs with a support structure of greater than one hundred fifty feet (150') shall be engineered and constructed to accommodate at least three (3) antenna arrays.
f. All WCF installations shall be subject to the Southern Illinois Airport hazard zoning regulations and the FAA standards contained in title 14, code of federal regulations (14 CFR) part 77.
2. Setback Standards: The following setback standards shall apply to all WCF installations:
a. All support structures shall be constructed to comply with the setback provisions of the zoning district in which they are located, or as may be required by the site distance or spacing requirements prescribed in subsection E2 of this section, but in no instance shall any support structure be less than ten feet (10') from any lot line.
b. Attached WCFs are exempt from any setback standard. An antenna array may extend up to five feet (5') horizontally beyond the edge of an attachment structure so long as the antenna array does not encroach upon an adjoining parcel.
c. Equipment facilities and guy anchors, if permitted, must satisfy the minimum setback requirements of the zoning district in which they are located.
3. Landscaping: The following landscaping requirements shall be maintained by the applicant and shall apply to all new WCF installations:
a. Trees And Shrubs: Support structures and attached WCFs with new building construction shall be landscaped around the perimeter of the security fencing by a row of evergreen trees or evergreen shrubs capable of creating a continuous hedge and obtaining a height of at least ten feet (10'). Trees shall be a minimum of one and one-half inch (1.5") caliper, or shrubs a minimum of thirty six inches (36") tall, at the time of planting.
b. Landform Preservation: Existing mature tree growth and natural landform on the site shall be preserved to the extent feasible, provided that vegetation that causes interference with the antennas or inhibits access to the equipment facility may be trimmed or removed.
c. Existing Vegetation: Existing vegetation on a WCF site may be used in lieu of required landscaping where approved by the development services director.
d. Minimum Site Disturbance: Grading for the new WCF shall be limited only to the area necessary for the new facility.
4. Aesthetics, Materials And Colors: The following standards shall apply to all WCF installations:
a. Support structures shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color, or such shades as are appropriate and compatible with the surrounding environment, so as to reduce visual obtrusiveness.
b. Antenna array attachments and supporting electrical and mechanical equipment shall be of a color that is identical to, or closely compatible with, the color of the attachment structure so as to make the antenna array and related equipment as visually unobtrusive as possible.
5. Security Fencing: WCFs with support structures shall be enclosed by an opaque security fence not less than six feet (6') in height. Security features may be incorporated into the buffer, landscaping and screening requirements for the site. Nothing herein shall prevent security fencing that is necessary to meet requirements of state or federal agencies.
6. Lighting: The following lighting requirements shall apply to all WCF installations. WCFs shall not be artificially illuminated, directly or indirectly, except for:
a. Security and safety lighting of equipment buildings, if such lighting is appropriately down shielded to keep light within the boundaries of the site; and
b. Such illumination of the WCF as may be required by the FAA, or other applicable authority, installed in a manner to minimize impacts on adjacent residences.
7. Signage: WCFs shall not display any signage, logos, decals, symbols or any messages of a commercial or noncommercial nature, except for a message containing provider identification and emergency telephone numbers and other emergency warning information as may be required by local, state or federal regulations governing WCFs.
8. Radio Frequency Emissions/Sound: The following radio frequency emissions standards shall apply to all WCF installations:
a. Radio Frequency Impact: Applicants for WCFs shall be required to provide information with the application on the measurement of the effective radiated power of the facility to document that the facility complies with all applicable FCC standards.
b. Sound Prohibited: No unusual sound emissions such as alarms, bells, buzzers or the like are permitted.
9. Structural Integrity: WCFs with support structures shall be constructed and maintained in compliance to the Electronics Industries Association/Telecommunications Industries Association (EIA/TIA) 222-E standard entitled "Structural Standards For Steel Antenna Towers And Antenna Supporting Structures" (or equivalent), as it may be updated and amended. Each support structure shall be capable of supporting multiple antenna arrays.
10. Collocation Support Structure Design: To encourage collocation of WCFs, all WCFs shall be designed to accommodate multiple antenna arrays in accordance with the development standards prescribed in subsection J1 of this section.
11. Collocation Agreement: All applicants for WCFs are required to submit a collocation agreement with the tower and/or antenna use permit (TAUP) application agreeing to allow and reasonably market collocation opportunities to other WCF users. The agreement shall include the applicant's policy regarding the collocation of other providers and the methodology to be used by the applicant in determining reasonable rates to be charged to other providers. The collocation agreement shall be considered a condition of issuance of a TAUP. A TAUP shall not be issued unless the applicant complies with the shared facilities and collocation policy outlined in subsection C of this section.
12. Other Applicable Regulations:
a. State Or Federal Requirements: All towers must meet or exceed current standards and regulations of the national environmental policy act (NEPA), state historic preservation office (SHPO), federal aviation administration (FAA), federal communications commission (FCC) and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.
13. Building Codes Requirements: Construction of all WCFs, within the corporate limits of the city, shall comply with the requirements of the Carbondale building codes and permitting process in addition to the requirements of this section.
K. Nonconforming Facilities: WCFs in existence, or WCFs which have been issued a zoning certificate to construct, prior to the date of the adoption of this section, which do not comply with requirements of this section, shall be considered nonconforming wireless communications facilities and are subject to the following provisions:
1. Expansion: Nonconforming WCFs may continue in use for the purpose now used, but may not be expanded without complying with this section, except as further provided in this section.
2. Additions: Nonconforming WCFs may add additional antennas (belonging to the same provider or other providers) subject to administrative review under this section.
3. Repairs Or Reconstruction: Nonconforming WCFs which become damaged due to any reason or cause, may be repaired and restored to its former use, location, and physical dimensions subject to the provisions of this section. Provided, however, that if the damage to the WCF exceeds fifty percent (50%) of the replacement cost, said WCF may only be reconstructed or repaired in compliance with this section.
4. Abandoned: Any nonconforming WCF not in use as a WCF for a period of twelve (12) consecutive months or longer, which is thereafter determined to be abandoned by the development services director as defined in this code, shall no longer be a nonconforming use.
L. Abandoned Facilities: The owner of a WCF shall file annually a declaration with the development services director as to the continuing operation of every facility installed and that the facility continues to meet EIA/TIA 222-E standards and any applicable state and building code standards. Failure to do so shall be determined to mean that the facility is no longer in use and may be considered abandoned subject to the following:
1. Any WCF that has not operated for a continuous period of twelve (12) months shall be considered abandoned, unless the owner of the WCF provides evidence, to the satisfaction of the development services director, that in reasonable good faith, attempts have been made to market the WCF to a provider, pursuant to the requirements of this section.
M. Removal Of Abandoned Facilities: The city, at its election, may require the owner of an abandoned WCF to remove the WCF within ninety (90) days from the date owner receives notice from the city to remove the WCF. If there are two (2) or more users of a single WCF, this provision shall not become effective until all providers cease to use the WCF. If the owner of an abandoned WCF cannot be located, or is no longer in business, the requirements of this section shall be the responsibility of the landowner on whose property the WCF is located.
N. Revocation Of Tower And Antenna Use Permits:
1. Any tower and/or antenna use permit (TAUP) issued pursuant to this section may be revoked by the city after a hearing as provided hereinafter. If the development services director finds that any permit holder has violated any provision of this section, or the conditions, restrictions or additional development standards of an approved special use; or has failed to make, in reasonable good faith, efforts to provide or seek collocation, the development services director shall notify the permit holder in writing that the TAUP is revocable due to the permit holder's noncompliance with the conditions of the permit. The development services director shall convene a meeting with the permit holder no later than thirty (30) days from the date of the letter. The development services director may require the permit holder to correct the violation within a reasonable amount of time or the director may recommend to the city manager that the TAUP be revoked.
The city manager shall notify the permit holder, in writing, of the specific areas of noncompliance and specify the date by which such deficiencies must be corrected. The time for correction of the deficiencies shall not exceed sixty (60) days. The permit holder shall provide the city manager with evidence that the required corrective action has been taken. Should the permit holder fail to correct the deficiencies in the time required, the city manager shall request that the city council convene a public hearing to consider revocation of the TAUP. The hearing shall be conducted pursuant to notice by publication in a newspaper with general circulation in the city not less than fifteen (15) days prior to the hearing. The permit holder may be represented by an attorney and may cross examine opposing witnesses. Other interested persons may comment. The city council may impose reasonable restrictions with respect to time and procedure of the hearing. The proceedings shall be recorded. After the appropriate public hearing, the city council may revoke the TAUP upon receipt of evidence which proves by a preponderance of the evidence that the permit holder has violated or is in noncompliance with the provisions of this section. (Ord. 2013-20)