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Cerro Gordo City Zoning Code

CHAPTER 5

ZONING DISTRICT REQUIREMENTS

11-5A-1: A RESIDENTIAL DISTRICT:

In the A residential district, the following uses only are permitted:
   A.   Dwelling, single-family.
   B.   Church, school or library.
   C.   Public park, playground or community center.
   D.   Golf course or a private club not operated for gain.
   E.   Truck garden or farming; provided, that any structure, building, or enclosure for animals shall be at least fifty feet (50') from all street and lot lines, and at least seventy five feet (75') from any dwelling house as set forth in subsection 6-4-2A1 of this code.
   F.   Home occupation, where no nameplate in excess of two (2) square feet in area is used in connection therewith.
   G.   Private garage customarily incident to the above uses, but not involving the conduct of a business; provided, that such private garage is not constructed prior to beginning construction of the main building, and provided only one private garage is constructed on each lot.
   H.   Accessory building or use customarily incidental to the above uses, not involving the conduct of a business, including a church, school, or bulletin board or a similar sign not exceeding ten (10) square feet in area appertaining to the lease, hire or sale of a building or land, or the sale of products grown only on the premises; provided, that not more than one sign of the character set out in this subsection shall be permitted upon any lot; provided, that any accessory building is not constructed prior to beginning construction of the main buildings.
   I.   Existing manufactured homes, which term includes homes defined as "mobile homes" prior to the enactment of ordinance 457 (passed December 18, 2000) which may remain and may be replaced on the same lot by manufactured homes of equal or greater value (said value to be determined as of the date of replacement) if said replacement occurs within ninety (90) days. After any manufactured home is removed and if not so replaced within the ninety (90) day period, then a manufactured home may no longer be put on said lot.
   J.   A new or used mobile home may be temporarily set on a lot for a period not to exceed six (6) months and utilities may be hooked up to said mobile home. It is expressly provided that no more than one mobile home may be set on a lot more than once every five (5) years. A permit must be obtained from the building inspector in order to set up said mobile home, and said mobile home must be removed on or prior to the expiration of said six (6) months. (Ord. 566-2012, 3-19-2012)

11-5A-2: B BUSINESS DISTRICT:

In the B business district, the following uses only are permitted:
   A.   Any use permitted in the A residential district.
   B.   Store or shop where goods are sold primarily at retail or personal services are rendered, including a grocery store, drugstore, meat market, hardware store, gift shop, bank, beauty parlor, restaurant, studio, tailor, shoe repair, electrical repair or similar retail sales, service or repair shop.
   C.   Office.
   D.   Hotel.
   E.   Business or commercial school or dancing or music academy.
   F.   Clinic.
   G.   Indoor theater.
   H.   Printing shop.
   I.   Undertaking establishment or mortuary.
   J.   Accessory building or use customarily incident to a permitted use, including an advertising sign or a bulletin board.
   K.   Use of a cargo container or modular container for storage of chattels or property incident to a permitted use.
      1.   Cargo containers shall not be placed on the property until the property owner or lessee has applied for and obtained a container permit from the village building inspector. Said permit must be renewed by the property owner or lessee annually by applying for renewal with the building inspector.
      2.   No more than one container shall be permitted on the premises at any time.
      3.   Containers shall not be stacked on top of each other.
      4.   All containers shall be locked and secured at all times when not in use.
      5.   All containers which contain hazardous chemicals or materials shall bear a placard on the outside of the container indicating the presence of hazardous materials inside the container.
      6.   For purposes of this subsection, a cargo container does not include a semitrailer or similar trailer which has had the wheels and axles removed.
   L.   Adult-Use Cannabis Dispensary:
      1.   Purpose And Applicability: It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the village of Cerro Gordo. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time to time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.
      2.   Adult-Use Cannabis Dispensing Organization: In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:
         a.   Facility may not be located within five hundred feet (500') of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.
         b.   Facility may not be located in a dwelling unit or within two hundred fifty feet (250') of the property line of a pre-existing property zoned or used for residential purposes.
         c.   At least seventy five percent (75%) of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises in the same tenant space.
         d.   Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
         e.   Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by division L.3. (Additional Requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in section 11-3A-6.
         f.   Petitioner shall file an affidavit with the village affirming compliance with this division L as provided herein and all other requirements of the Act.
      3.   Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act. (Ord. 566-2012, 3-19-2012; amd. Ord. 652-2019, 12-19-2019)

11-5A-3: C COMMERCIAL SERVICE DISTRICT:

In the C commercial service district, the following uses only are permitted:
   A.   Any use permitted in the B business district.
   B.   Automobile or trailer display or sales room.
   C.   Automobile or trailer sales or storage lot, when located at least one hundred feet (100') from any A residential district boundary.
   D.   Farm implement display or sales room.
   E.   Farm implement sales or storage lot, when located at least one hundred feet (100') from any A residential district boundary.
   F.   Frozen food locker.
   G.   Milk distributing station.
   H.   Motel.
   I.   Painting, plumbing, tinsmithing, upholstering, cabinet making or similar general service shop, when at least one hundred feet (100') from any A residential district boundary.
   J.   Also, when located at least one hundred fifty feet (150') from any A residential district boundary:
Bowling alley.
Drive-in restaurant or similar establishment.
Drive-in theater.
Other similar place of entertainment or amusement.
   K.   Filling station or, when located at least fifty feet (50') from any A residential district boundary, a public garage.
   L.   Accessory building or use customarily incident to the above uses. (Ord. 566-2012, 3-19-2012)

11-5A-4: D INDUSTRIAL DISTRICT:

In the D industrial district, the following uses only are permitted. In authorizing any of the uses in this section, there may be imposed such reasonable requirements as to the landscaping, off street parking, screening and other features of the development as are deemed necessary to protect adjacent property and prevent objectionable or hazardous conditions.
   A.   Any use permitted in the C commercial service district.
   B.   Bottling works.
   C.   Carting, express or storage yard.
   D.   Contractor yard.
   E.   Coal yard, coke yard or lumberyard.
   F.   Grain elevator.
   G.   Any other business, industry or manufacturing use where the process of manufacture or treatment or other activity is such that only a nominal amount of dust, odor, gas, smoke, vibration or noise is emitted and not more than ten percent (10%) of the lot or tract is used for the open storage of products, materials or equipment.
   H.   Adult entertainment use: when located at least 500 feet from any property located in a residential district or any school, mobile home park, or public park, and at least 1,000 feet away from any other adult entertainment use. Measurements shall be made from the lot lines of the property containing the proposed adult entertainment use and any residentially-zoned property, school, mobile home park, public park, and/or other adult entertainment use.
   I.   Any other use not in conflict with the enacted laws of the state of Illinois or the ordinances of the village regulating nuisances; provided, that no use emitting or likely to emit substantial amounts of dust, odor, gas, smoke, vibration or noise, and none of the following specific uses shall be permitted unless approved by the president and board of trustees after a review and report of the board of appeals, and subject to such requirements as the president and board of trustees may deem necessary to protect adjacent property and prevent objectionable or offensive conditions:
      Acid or chemical manufacture.
      Auto wrecking yard or junkyard.
      Commercial buying or selling of live poultry or storage thereof.
      Distillation of bones.
      Dumping or storage or disposal of garbage, trash, refuse, waste, junk or abandoned material.
      Explosives manufacture or storage.
      Fat rendering or fertilizer manufacture.
      Garbage, offal or dead animal reduction or dumping.
      Glue manufacture.
      Lime, phosphate or limestone storage or handling.
      Slaughter or processing of poultry or poultry products.
      Stockyards or slaughter or processing of animals.
      Veterinary or animal hospital.
      Wholesale or retail bulk storage of gasoline or propane.
      Yard for storage of wrecked automobiles.
      Any similar use that would be hazardous to the public health, safety or welfare. (Ord. 566-2012, 3-19-2012; amd. Ord. 665-2020, 11-10-2020)

11-5B-1: REGULATIONS:

Except as provided in section 11-5B-2 of this article, the lot, yard and height regulations shall be as follows:
   A.   Area: Every lot used for a single-family dwelling shall have a minimum area of seven thousand five hundred (7,500) square feet. No minimum is required for a lot used only for commercial or industrial purposes.
   B.   Yards:
      1.   Front Yard: The front yard requirements are thirty feet (30') in the A Residential, C Commercial Service and D Industrial Districts. No front yard setbacks are required in the B Business District.
      2.   Side Yards: The side yard requirements for dwellings shall be seven feet (7') for a single-story building and eight feet (8') for a building of two (2) or more stories. No side yard is required for business, commercial or industrial buildings, except along the side of a lot abutting a lot in the A Residential District, in which case, a side yard of ten feet (10') shall be provided.
      3.   Rear Yard: The rear yard requirements for dwellings shall be thirty five feet (35'). No rear yard is required for business, commercial or industrial buildings, except on a lot abutting a lot in the A Residential District, in which case, a rear yard of twenty five feet (25') shall be provided.
   C.   Lot Width: Every lot used for a dwelling shall have a minimum width of sixty feet (60') for a single-family dwelling and seventy five feet (75') for any other dwelling.
   D.   Building Height: No building shall exceed a height of two and one-half (21/2) stories or a height of thirty five feet (35') in either an A Residential District, a B Business District, or a C Commercial Service District, or a height of three (3) stories or forty five feet (45'), whichever is lesser, in a D Industrial District. (Ord. 566-2012, 3-19-2012)

11-5B-2: EXCEPTIONS AND MODIFICATIONS:

The height and area regulations specified in section 11-5B-1 of this article shall be modified under certain conditions or with respect to certain types of structures as follows:
   A.   Lot Area And Width: Where a lot of record at the effective date hereof has less area or width than herein required, and the owner of such a lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a single-family dwelling.
   B.   Yards:
      1.   Front Yard:
         a.   Where thirty percent (30%) or more of a block front is improved with buildings, then no part of any new building shall project beyond a line joining the two (2) adjacent corners of the buildings on either side thereof or, where there is a building on only one side, beyond a line projected from the corresponding adjacent corners of the two (2) nearest buildings; except, that no building shall be required to provide a front yard greater than fifty feet (50') in any event.
         b.   A corner lot shall have a yard on each street which meets the front yard requirements of the district in which it is located; except, that the building width of the lot shall not be reduced to less than forty feet (40'), and no accessory building shall project beyond the required yard on either street.
      2.   Side Yards:
         a.   The required side yard shall be maintained on each side of a dwelling; except, that such side yard width on a lot of record which is less than sixty feet (60') in width may have a side yard of less than that set forth in subsection 11-5B-1B2 of this article, but in no circumstance shall a side yard be less than five feet (5') in width.
         b.   For the purpose of the side yard regulations, a building containing more than one dwelling unit shall be considered as one building occupying one lot.
      3.   Rear Yard:
         a.   The required rear yard may be reduced to twenty percent (20%) of the depth of the lot on a lot of record which does not have a depth of at least one hundred twenty feet (120').
         b.   An accessory building may be built within a required rear yard when located at least five feet (5') from the rear and side lot lines and when occupying not more than thirty percent (30%) of the area of such required rear yard. (Ord. 566-2012, 3-19-2012)
         c.   For those properties located on North Washington Street and North Lincoln Street between Oakley Road and West Carter Street, specifically Lots 130-002, 130-003, 130-006, 130-007, 130-011, 130-012, 130-013, 130-014, 130-015, 130-016, 130-017, 130-018, 130-019, 130-020, 130-021, and 130-022 of Durfee's West Addition, no building, accessory building, fence, concrete pad, pool, or other non-portable improvement may be built, erected or installed within five feet (5') of the lot line adjacent to the alley. (Ord. 639-2018, 7-16-2018)
      4.   All Yards:
         a.   The ordinary projection of sills, belt courses, cornices and ornamental features may be permitted not to exceed eighteen inches (18") in any required yard.
         b.   An open, uncovered porch, paved terrace, entranceway, or steps may extend not more than ten feet (10') into the front yard.
   C.   Height:
      1.   Chimneys, cooling or water towers, elevator bulkheads, fire towers, monuments, stacks, stage towers, tanks, spires, church steeples, radio towers or necessary mechanical apparatus may be erected to any safe height not in conflict with any other ordinance of the Village.
      2.   Public, semipublic or public service buildings, hospitals, institutions, churches and schools, when permitted in a district, may be erected to a height not exceeding sixty feet (60'), provided all required yards are increased by one foot (1') for each foot of building height above the height limit otherwise provided. (Ord. 566-2012, 3-19-2012)

11-5C-1: NUMBER OF PARKING SPACES:

In A residential, C commercial service and D industrial districts, whenever a building is erected, converted, enlarged, or structurally altered for a use described in this article, or the use of a building or land is hereafter changed to a use described in this article, then off street parking for automobiles or trucks shall be provided on the lot or tract of land used in accordance with the following minimum requirements:
   A.   For dwellings: Two (2) parking spaces for each dwelling unit.
   B.   For those uses listed in subsection 11-5A-2C, D, E, F, G, H, I, or J of this chapter: One parking space for each two hundred (200) square feet of floor area.
   C.   For those uses listed in subsections 11-5A-3B, E, G, H, I, J, K, and L of this chapter, and for any other similar business, commercial or service use not provided in this subsection: One parking space for each one hundred (100) square feet of floor area.
   D.   For any manufacturing or industrial use, including a bottling works, lumberyard and grain elevator: One parking space for each two (2) employees on the maximum working shift, plus space to accommodate all trucks and other vehicles in connection therewith. (Ord. 566-2012, 3-19-2012)

11-5C-2: COMPUTATION OF NUMBER OF SPACES:

Where fractional parking spaces result from the computation of parking spaces, the parking spaces required shall be construed to be the nearest whole number. In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately. (Ord. 566-2012, 3-19-2012)

11-5C-3: LOCATION:

Parking spaces may be provided in the required side, rear and front yards of lots located in the C commercial service district and the D industrial district; except, that parking spaces may be provided only in the required side and rear yards when lots in such districts are used for dwellings. Parking spaces may be provided in the required side and rear yards of lots located in the A residential district but not in the required front yard thereof. (Ord. 566-2012, 3-19-2012)