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Charleston City Zoning Code

CHAPTER 7

SUPPLEMENTARY CONDITIONS FOR SPECIFIC USES

10-7-1: GENERAL CONDITIONS:

All uses shall be developed, used and operated in conformance with the standards of this title. The additional standards in this chapter shall apply to the specific land uses listed. Certain uses require a conditional use permit or a temporary use permit in conformance with chapter 4 of this title. All uses shall comply with applicable Building, Life Safety, Fire and Health Codes adopted by the City in addition to regulations of the County, State or Federal government. The applicant shall provide evidence of compliance with the applicable requirement. The applicant shall obtain a business license and a home occupation permit, if applicable, prior to establishment of the use. (Ord. 03-O-9, 3-18-2003)

10-7-2: SINGLE-FAMILY RESIDENTIAL DESIGN STANDARDS:

   A.   Applicability:
      1.   The regulations of this section apply to the construction or placement of a detached, single-family home, manufactured home or modular home on a private lot.
      2.   No mobile home, recreational vehicle or travel trailer may be used as a permanent dwelling in the City.
   B.   Development Standards:
      1.   Foundation: All dwellings shall be attached to a permanent perimeter foundation, leaving no uncovered open areas excepting vents and crawl spaces.
      2.   Manufactured Homes:
         a.   All wheels, hitches, axles, transporting lights and removable towing apparatus shall be permanently removed prior to installation of the home.
         b.   All manufactured homes shall be anchored to the foundation. Anchor design shall be approved by the community development director, or their designee, prior to installation and shall comply with any requirements of the State.
      3.   Orientation Of Dwelling: Detached single-family dwellings shall be designed so that the minimum dimension parallel to the street line is twenty feet (20').
      4.   Pitched Roof: Homes shall have a pitched roof, with a slope that rises vertically not less than three inches (3") for each twelve inches (12") of a horizontal run.
      5.   Floor Area: The floor area shall not be more than thirty percent (30%) greater than, nor thirty percent (30%) less than the average floor area of single-family residences on the block on which the home is to be located. A dwelling unit shall be not less than six hundred forty (640) square feet, and at least seventy five percent (75%) of its narrowest dimension shall have a minimum width of twenty feet (20').
      6.   Windows: Windows must cover at least five percent (5%) of any wall facing a side street, exclusive of the gabled wall areas.
   C.   Design Modifications: Exceptions to these single-family residential design standards may be authorized through a conditional use permit when the board and City Council find that the exception will enhance the character of the home and neighborhood, and be compatible with adjacent development. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)

10-7-3: MULTI-FAMILY RESIDENTIAL DEVELOPMENTS1:

(Rep. by Ord. 08-O-28, 10-7-2008)

10-7-4: ACCESSORY BUILDINGS AND STRUCTURES:

   A.   Generally:
      1.   Accessory structures shall not be constructed on a lot until the construction of the principal structure has been completed and shall not be used unless the principal structure is being used.
      2.   Accessory buildings shall not be constructed in any required front or side setback area, and separate accessory buildings shall not be built within six feet (6') of the rear yard lot line and three feet (3') to any side lot line (see exhibit 7-1, subsection D of this section).
      3.   Accessory buildings shall not occupy more than forty percent (40%) of the rear yard. Accessory buildings to single-family residences shall not exceed four percent (4%) of the lot size, with a minimum of eight hundred sixty four (864) square feet in area allowed on all lots, and a maximum of fifteen feet (15') in height.
      4.   An accessory building or structure is a subordinate building or structure, the use of which is secondary to and supports the principal building.
      5.   Accessory buildings shall not be used for the conduct of business for a home occupation or storage for a home occupation, except as allowed by section 10-7-6 of this chapter in the A and RE Zoning Districts.
   B.   Accessory Dwellings: A dwelling unit may be allowed as an accessory use when the following conditions are met:
      1.   Accessory dwelling units may be constructed only in an A or RE Zoning District, subject to a conditional use permit pursuant to subsection 10-4-3D of this title;
      2.   The accessory dwelling unit shall be a permanent structure anchored to a permanent perimeter foundation;
      3.   The accessory dwelling unit may not be sold separately from the property or the principal dwelling unit;
      4.   The accessory dwelling unit shall comply with all required building setbacks for the principal residential use;
      5.   The overall height of an accessory dwelling shall be limited to twenty feet (20');
      6.   One additional off street parking space shall be provided for any accessory dwelling;
      7.   When the accessory dwelling is directly attached to the principal dwelling, it shall be considered an integral part of the main building; and
      8.   Accessory dwellings shall not exceed one thousand (1,000) square feet of heated area.
   C.   Accessory Uses In Nonresidential Districts: Accessory uses in nonresidential districts shall be incidental and subordinate to the principal use permitted in that district and shall be located on the same lot as the principal use or structure. Accessory uses shall comply with the specific density and dimensional standards for the district in which the use is located.
   D.   Exhibit 7-1:
Exhibit 7-1
 
(Ord. 03-O-9, 3-18-2003)

10-7-5: EXISTING FARM DWELLINGS:

Nothing in this title shall require any person or persons occupying a farm dwelling on the effective date hereof to vacate the dwelling or to involuntarily sever it from the remainder of the farm. If the dwelling is voluntarily severed from the farm in order to be used and maintained as a nonfarm residence by the occupant or for sale or lease to others, it shall be surveyed and divided pursuant to 65 Illinois Compiled Statutes and meet any applicable final plat requirements of this title. The surveyed lot shall be no larger than necessary, with a minimum area of two (2) acres and shall include the typical farm buildings and accessory work areas. (Ord. 03-O-9, 3-18-2003)

10-7-6: HOME OCCUPATIONS AND COTTAGE INDUSTRIES:

   A.   Purpose:
      1.   To permit and regulate the conduct of home occupations as an accessory and secondary use to a dwelling unit, whether owner or renter occupied;
      2.   To ensure that such home occupations are compatible with and do not have a harmful effect on nearby residential properties and uses;
      3.   To adequately protect existing residential neighborhoods from dust, odors, noise, traffic and/or other potentially adverse effects of home occupations;
      4.   To allow residents of the community to use their homes as a workplace and a source of livelihood, under certain specified standards, conditions and criteria;
      5.   To enable the fair and consistent enforcement of this section; and
      6.   To promote and protect the public health, safety and general welfare.
   B.   Compliance With Provisions: No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations, administrative procedures and standards set forth in this section.
   C.   Cottage Industries Designated: Home occupations that are more intensive shall be known as cottage industries and shall be permitted only in the A zoning district, subject to a conditional use permit as provided in subsection 10-4-3D of this title.
   D.   Standards For Home Occupations:
      1.   Home occupations are authorized if they comply with the performance standards set forth herein and the performance standard established in table 7-1 (subsection H of this section). Home occupations may only be operated by a full time resident of the property.
      2.   The home in which the occupation occurs shall look like a residential dwelling and not a business establishment. Cottage industries in the A zoning district may be located in an accessory building on the premises.
      3.   Signage shall comply with the provisions of chapter 10 of this title.
      4.   Noise levels from the home occupation, detectable at the property line, shall not exceed those generated by the primary use.
      5.   The applicant for a home occupation shall demonstrate that public facilities and utilities are adequate to safely accommodate any equipment used in conjunction with the home occupation.
      6.   Off street parking spaces shall be provided as required for the residential use, plus one space for each allowed employee and one space for each client allowed to visit at a given time.
      7.   Storage of dangerous, hazardous, combustible or volatile materials used in conjunction with the home occupation shall not be permitted in residential dwellings.
   E.   Exemptions From Permit: The following home occupations shall be subject to all applicable home occupation regulations and standards of this section, but shall not be required to obtain a home occupation permit, if all persons engaged in such activities live on the property and the following conditions are met:
      1.   Artists, sculptors, composers not selling their artistic product to the public on the premises.
      2.   Craft work, such as jewelry making and pottery with no sales permitted on the premises.
      3.   Home offices with no client visits to the home permitted.
      4.   Telephone answering and message services without nonresident employees.
      5.   Childcare homes as defined in subsection 10-7-8B of this chapter.
   F.   Nonconforming Home Occupations: All existing home occupations which are either expressly prohibited or which are not in conformity with chapter 6 of this title shall be removed or modified to become conforming.
   G.   Unsafe Home Occupations: If, in the opinion of the community development director, or their designee, any home occupation has become dangerous or unsafe, or presents a safety hazard to the public, pedestrians or motorists, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the community development director, or their designee, shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken directing that the home occupation be immediately made safe or be terminated. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the community development director, or their designee, may take any action to make the home occupation and dwelling safe. Costs incurred by the community development director, or their designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation pursuant to chapter 3 of this title.
   H.   Performance Standards:
TABLE 7-1: HOME OCCUPATION PERFORMANCE STANDARDS
Zoning District
Performance Standard
A
RE
R-1
R-2/R-2U
R-3/R-3U
R-4/R-4U
M
Zoning District
Performance Standard
A
RE
R-1
R-2/R-2U
R-3/R-3U
R-4/R-4U
M
Location Of Operations
 
Located in accessory structure
Yes
Yes
No
No
No
No
No
 
Located in residence
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Customers
 
Client visits allowed
Yes
Yes
Yes
Yes
No
No
No
 
1 client vehicle at a time
Yes
Yes
Yes
Yes
No
No
No
 
2 client vehicles at a time
Yes
Yes
No
No
No
No
No
 
Up to 5 client visits per day
Yes
Yes
Yes
Yes
No
No
No
 
Up to 10 client visit per day
Yes
Yes
No
No
No
No
No
Shipping Deliveries (excluding U.S. mail)
 
Up to 2 per day
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Vehicular Size Limits
 
Equipment or delivery vehicles limited to an 8 ton capacity
No
No
Yes
Yes
Yes
Yes
Yes
Maximum Area For Home Occupation
 
25 percent of residential floor area
No
No
Yes
Yes
Yes
Yes
Yes
 
Up to 2,500 square feet
Yes
Yes
No
No
No
No
No
Animals
 
Small animal grooming/training, no boarding
Yes
Yes
No
No
No
No
No
 
Small animal boarding
Yes
No
No
No
No
No
No
Nonresident Employee Limits
 
All employees must be residents
No
No
Yes
Yes
Yes
Yes
Yes
 
Up to 2 nonresident full time equivalents (FTE) allowed
Yes
Yes
No
No
No
No
No
 
Yes = provision applies in this district
No = home occupations not allowed under stated condition
(Ord. 03-O-9, 3-18-2003; amd. 2006 Code; Ord. 2025-O-5, 2-18-2025)

10-7-7: ROADSIDE STANDS:

   A.   Applicability: "Roadside stands", as defined in section 10-2-3 of this title, are a permitted accessory use in the A and RE districts and do not require a permit, provided the property owner complies with the performance standards listed in this section.
   B.   Performance Standards:
      1.   Maximum size of roadside stand area: Four hundred (400) square feet.
      2.   Minimum setback: Twenty five feet (25') from the right of way.
      3.   Minimum off street parking spaces: Five (5) dust free spaces.
      4.   Signage: One sign sixteen (16) square feet/face set back twenty feet (20') from the right of way. (Ord. 03-O-9, 3-18-2003)

10-7-8: CHILD DAYCARE:

Child daycare homes, as defined in 225 Illinois Compiled Statutes 10/2.18 et seq., may be permitted in all residential districts in conformance with 225 Illinois Compiled Statutes 10/2.18 et seq., and all other applicable portions of 65 Illinois Compiled Statutes, with the following requirements:
   A.   General Requirements:
      1.   Applicant shall provide sufficient evidence that the proposed use will comply with all state and city regulations.
      2.   No identification from a public street by signage, graphics, display, or other visual means is allowed.
      3.   Play space shall be provided.
         a.   Outdoor Play Space: One hundred (100) square feet per child excluding children in cribs. The area shall be fenced to a minimum of four feet (4') in height and shall not be permitted in the required front yard.
         b.   Indoor Space: Seventy five (75) square feet per child. Calculation of the indoor space shall not include the kitchen, hallways and bathrooms, closets, utility rooms and offices.
      4.   When the use is designated as a conditional use, the building official may require that the number of children to be cared for on site be less than that allowed by state or federal regulations if, in their opinion, the community development director, or their designee, cannot meet or exceed adopted life safety and fire code standards to adequately protect the number of children in care.
      5.   An off street passenger loading zone shall be provided for the safe delivery and pick up of passengers, with a holding capacity of at least four (4) vehicles, for any daycare facility providing services to more than six (6) children at any time.
   B.   Daycare Home: A "daycare home", as defined in 225 Illinois Compiled Statutes 10/2.18, shall be registered and licensed by the state and city. Any daycare home providing care to six (6) or more children, not related to the daycare provider, in a residential area must obtain a conditional use permit. The operator of a daycare home shall be a full time resident of the home.
   C.   Daycare Center: A "daycare center", as defined by 225 Illinois Compiled Statutes 10/2.09, shall be registered and licensed by the state and the city and comply with the following conditions:
      1.   An off street passenger loading zone and drive shall be provided for the safe delivery and pick up of passengers.
      2.   A six foot (6') high opaque fence along all property lines abutting any residential use shall be provided. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)

10-7-9: COMMUNITY RESIDENCES:

A community residence for eight (8) or fewer unrelated persons with developmental or physical disabilities may be operated in all residential zoning districts as a permitted use. A community residence for more than eight (8) unrelated persons shall be permitted as of right in the A, R-3, R-3U, R-4 and R-4U districts and with a conditional use permit in the RE, R-1, R-2 and R-2U districts. Community residences, except those for senior citizens, shall be separated by eight hundred feet (800'). (Ord. 03-O-9, 3-18-2003)

10-7-10: BED AND BREAKFAST ESTABLISHMENTS:

(Rep. by Ord. 10-O-13, 4-20-2010)

10-7-11: DRIVE-IN ESTABLISHMENTS/USES:

   A.   Purpose; Interpretation: The purpose of this section is to provide standards for drive-in establishments to promote compatibility of this use with adjacent land uses and to ensure safe circulation of traffic on and off site. Drive-in establishments/uses include restaurants, banks and other financial facilities, automatic teller machines, cleaners, pharmacies and similar uses.
   B.   Applicability: Drive-in establishments/uses may be permitted as principal or accessory uses in the C-2 Commercial District. All drive-in establishments/uses shall be in conformance with the requirements of this section.
   C.   Site Plan Requirements: Drive-in establishments/uses shall be shown on site development plans where they are proposed as an accessory use to a principal use. Applicants for drive-in establishments/uses proposed as a principal use shall submit complete site development plans.
   D.   Location: Drive-in establishments/uses as accessory uses shall not be located within the front yard of the principal building.
   E.   Stacking Space Schedule: The minimum number of stacking spaces required shall be as shown in table 7-2 of this subsection.
TABLE 7-2
DRIVE-IN ESTABLISHMENTS/USES
STACKING SPACE SCHEDULE
Use Type
Minimum Spaces 1
Measured From
Use Type
Minimum Spaces 1
Measured From
Bank teller window
4 per window
Teller window
Car wash, automatic
6 per stall
Entrance
Car wash, self-service
2 per stall
Entrance
Drive-through automatic teller machine (ATM)
4 per lane
ATM
Gasoline pump island
2 per pump island
Pump island
Laundry
4 per window
Order window
Pharmacy
3 per window
Order window
Restaurant
8 per window
Order window
Other uses
Determined by the Public Works Director based on ITE Transportation and Land Development Stacking Standards
 
   Note:
       1.    The number of stacking spaces required may be reduced or expanded in conformance with ITE Transportation and Land Development, Stover and Koepke, 1988, which is incorporated with reference hereto, upon recommendation of the Public Works Director.
(Ord. 03-O-9, 3-18-2003)
   F.   Stacking Space Layout And Design:
      1.   Minimum stacking size: Eight feet by twenty feet (8' x 20') per space.
      2.   Minimum stacking setback from property line: Five feet (5').
      3.   Minimum stacking setback from property line along a street side: Twenty feet (20').
      4.   Separation from other internal driveways with raised medians and parking spaces: As determined by the Public Works Director.
      5.   Minimum drive-through lane radius:
         a.   Inside drive thru lane radius: Twenty feet (20');
         b.   Drive thru lane width: Twelve feet (12');
         c.   Outside drive thru lane radius: Thirty two feet (32').
      6.   The stacking space layout and design requirements may be reduced or expanded upon recommendation of the Public Works Director. (Ord. 16-O-5, 2-16-2016)
   G.   Entrances: Additional entrances shall not be permitted for drive-in structures unless recommended by the Public Works Director.
   H.   Order Box Noise:
      1.   The order box loudspeaker shall be positioned so that it is directed toward the vehicle and away from any abutting Residential Zoning District unless mitigated by a sound wall.
      2.   Drive-in establishments/uses employing order box loudspeakers shall not be operated between eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M., if abutting a Residential District.
   I.   Buffering: The drive-in establishments/uses, including the stacking lanes, shall be buffered from abutting land uses with a buffer yard in conformance with section 10-8-5 of this title. (Ord. 03-O-9, 3-18-2003)

10-7-12: GUN CLUBS AND SHOOTING RANGES:

   A.   Location Of Indoor Establishments: All indoor shooting ranges and gun clubs shall be located at least two hundred feet (200') from any Residential District or dwelling, within a completely enclosed structure designed to prevent the escape of sound beyond the property line.
   B.   Outdoor Shooting Ranges:
      1.   Outdoor shooting ranges shall be located at least one thousand two hundred feet (1,200') from a residence or any Residential District, and on a site of at least ten (10) acres.
      2.   A solid fence, wall, berm or shield shall be provided behind all shooting areas, and be approved by the City Police Department.
      3.   Facilities shall be designed to prevent bullets and ammunition from escaping the property.
      4.   The location and type of facility shall be reviewed and approved by the City Police Department.
      5.   A sixty foot (60') wide type E buffer yard shall be provided along all abutting property lines of outdoor facilities.
      6.   Hours of operation for outdoor facilities shall be only from seven thirty o'clock (7:30) A.M. to seven o'clock (7:00) P.M. (Ord. 03-O-9, 3-18-2003)

10-7-13: SALVAGE YARDS AND JUNKYARDS:

   A.   Applicability: An applicant proposing to establish a "junkyard or salvage yard", as defined in section 10-2-3 of this title, shall be required to obtain a conditional use permit in conformance with subsection 10-4-3D of this title. A salvage yard may be permitted in the I-1 and I-2 Zoning Districts.
   B.   Guarantee Required: The applicant shall post a guarantee with the city clerk. This guarantee, approved in form by the city attorney, will assure the city that the applicant shall complete the plan for restoration for reuse within one year of discontinuance of the salvage yard. The amount of the guarantee shall be not less than the estimated cost of the restoration, and the amount of the estimate shall be approved by the community development director, or their designee. If the restoration is not completed within the specified time, the city may use the bond or any portion thereof to complete the restoration. Failure to maintain a guarantee shall be grounds for revocation of the conditional use permit authorizing the use.
   C.   Performance Standards:
      1.   Setbacks: No salvage materials shall be stored within twenty five feet (25') of any property line.
      2.   Compatibility: The proposed buildings or use shall be constructed, arranged and operated so as to be compatible with the character of the zoning district and immediate vicinity, and shall not interfere with the development and use of adjacent property. The proposed development shall not present an unsightly, obnoxious or offensive appearance to abutting or nearby properties.
      3.   Fencing And Buffering: An eight foot (8') high fence shall be employed to enclose the storage areas to prevent unauthorized entry and to ensure public safety. A type E buffer yard shall be provided around the perimeter of the property, outside the required fence.
      4.   Vehicular Circulation: Driveways within the site shall be dust free. Driveway access to the public right of way shall be permanently paved and shall be a minimum of twenty five feet (25') in width.
      5.   Storage Yard Maintenance:
         a.   The lot area surface used for storage shall be gravel, at a minimum.
         b.   Unusable items that cannot be reused shall be disposed of on a regular basis and shall not be allowed to collect on the premises.
         c.   All tires not mounted on a vehicle shall be neatly stacked or placed in racks. If stacked, the stacks shall not be stacked over six feet (6') in height.
         d.   No garbage or other foul smelling waste likely to attract vermin shall be kept on the premises.
         e.   Gasoline, oil or other hazardous materials that are removed from scrapped vehicles or parts of vehicles kept on the premises shall be disposed of in accordance with applicable federal, state and local regulations.
      6.   Nuisance Control: Weeds shall be cut or removed before they reach six inches (6") in height. Excessive dust, noise, vibration, smoke, fumes, odors or glare shall not be detected beyond the property lines. Ground water pollution or other undesirable, hazardous condition shall be prevented.
      7.   Abandonment: The applicant shall provide a written statement that the area will be cleaned up to the satisfaction of the community development director, or their designee, should the salvage yard be abandoned or moved in whole or in part. A salvage yard which remains idle or unused for a continuous period of one year, whether or not fixtures or equipment are removed, shall constitute abandonment. The casual, intermittent, temporary or illegal operation of a salvage yard shall not be sufficient evidence to establish continuous use. If the owner fails to clean up and restore the salvage yard within one year of cessation of operation or abandonment, the community development director, or their designee, shall have the premises cleaned up and shall use the bond to pay for the costs of cleanup incurred by the city. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)

10-7-14: STORAGE AND MINIWAREHOUSE FACILITIES:

Storage and miniwarehouse facilities may be permitted by right in the I-1 and I-2 districts and with a conditional use permit in the R-3, R-3U, R-4, R-4U and C/D districts, and shall comply with the following conditions:
   A.   Compliance With State Law: Facilities that are leased for the storage and warehousing of personal property for compensation shall be in conformance with 240 Illinois Compiled Statutes 10/1.01 et seq. The applicant shall provide proof of compliance.
   B.   Fencing And Screening:
      1.   A fence or wall, located along the required setback line, shall be provided around the perimeter of any storage facility. An opaque fence or wall shall be provided along any property line abutting a residential district.
      2.   Minimum height: Six feet (6').
      3.   Signs or other advertising mediums shall not be placed upon, attached to, or painted on said barrier.
      4.   Buffer yards shall be type C.
   C.   Prohibited Activities:
      1.   The sale of goods or merchandise from or at a storage unit is prohibited.
      2.   The repair, construction, or reconstruction of any boat, engine, motor vehicle, or furniture, and the storage of any propane or gasoline engine or propane or gasoline storage tank is prohibited within any storage unit because of the danger from fire or explosion caused by the accumulation of vapors from gasoline, diesel fuel, paint, paint remover, and other flammable materials.
   D.   Accessibility: Vehicular ingress-egress shall provide for safe access by customers and emergency vehicles. Access aisles within the site shall be a minimum of twenty feet (20') wide.
   E.   Building Height: Building height shall not exceed eighteen feet (18').
   F.   Fire Protection: Fire hydrants shall be provided to meet the requirements of the fire prevention code adopted by the city. (Ord. 03-O-9, 3-18-2003)

10-7-15: SWAP MEETS AND FLEA MARKETS:

   A.   Access: Swap meets and flea markets shall be accessible from a collector or arterial street.
   B.   Buffer Yard Required: Swap meets and flea markets that are conducted outside shall have a type D buffer yard along all property lines abutting residential districts.
   C.   Conduct Of Use: The event shall be conducted entirely on private property, with the consent and approval of the property owner. Any temporary structure used shall be promptly removed upon the cessation of the event. (Ord. 03-O-9, 3-18-2003)

10-7-16: TELECOMMUNICATIONS TOWERS AND ANTENNAS AND PERSONAL WIRELESS SERVICE FACILITIES:

Telecommunications towers and antennas and personal wireless service facilities shall be located, constructed and maintained in conformance with the regulations adopted by the city as shown in chapter 13 of this title. Nothing in this title is intended to contravene federal or state rules and regulations. (Ord. 15-O-16, 5-5-2015)

10-7-17: ADULT ORIENTED BUSINESSES:

Adult oriented businesses shall be located and operated in conformance with the regulations adopted by the city as shown in chapter 12 of this title. (Ord. 03-O-9, 3-18-2003)

10-7-18: MANUFACTURED HOME PARKS AND SUBDIVISIONS1:

A manufactured home park or subdivision may be allowed in the M district, subject to a conditional use permit. The maximum density of a subdivision shall not exceed eight (8) manufactured homes per acre. The approval procedure shall be in conformance with subsection 10-4-3D of this title and 210 Illinois Compiled Statutes 115/1 through 115/27, mobile home park act. The following standards also shall apply:
   A.   Development Standards:
      1.   General Requirements: All manufactured home spaces shall abut on a hard surfaced roadway of not less than twenty five feet (25') in width which shall be adequately lighted and drained and shall have unobstructed access to a paved public street or highway.
      2.   Area: Each site shall have a minimum area of four thousand (4,000) square feet.
      3.   Location: No manufactured home or structure shall be closer than twenty five feet (25') to any property line of the manufactured home subdivision, street or highway, nor closer than twenty feet (20') to another manufactured home or any building in the park; except, where manufactured homes are parked end to end, the end to end clearance shall be at least fifteen feet (15').
      4.   Additions: No additions shall be built onto any manufactured home other than a porch or entryway, which shall be not less than fifteen feet (15') from the nearest manufactured home and its additions.
      5.   Service Buildings: Service buildings or other facilities for laundry, sanitation and other uses shall be located at least twenty five feet (25') from property lines and shall be accessible to each manufactured home by hard surfaced access roads and walks.
      6.   Water And Sewer Service: All buildings and manufactured homes within the subdivision shall be served with community or municipal water supply and sewage disposal systems approved by the city and state health departments. Each habitable structure shall have a separate metered connection to utilities.
      7.   Off Street Parking: Two (2) off street parking spaces shall be provided for each manufactured home site and one space for every fifty (50) square feet of floor area in administration and service buildings.
      8.   Skirting And Anchoring: All manufactured homes shall be skirted and anchored in a manner approved by the community development director, or their designee, and in conformance with 210 Illinois Compiled Statutes 120/1 et seq.
      9.   Trees: At a minimum, each manufactured home lot shall have not less than two (2) canopy trees measuring two and one-half inches (21/2") caliper measured at one foot (1') above ground level at the time of planting.
      10.   Recreation Space: Playground and recreational park spaces for use of the residents of the subdivision shall be separate in addition to the open space between the habitable structures and shall be a minimum of four hundred (400) square feet per manufactured home lot. Streets, sidewalks, parking areas and accessory buildings shall not be included in the computation of the required recreation space area.
      11.   Underground Power And Telephone Lines: All power and telephone lines shall be installed underground and shall be in compliance with the standards of the utility provider.
      12.   Drainage: The site shall be graded so that surface water shall not be permitted to accumulate. The proposed drainage system shall be approved by the public works director prior to construction of the streets.
      13.   Landscaped Buffer: A type B landscaped buffer strip, a minimum of twenty five feet (25') in width, shall be provided around the perimeter of the subdivision.
      14.   Storm Shelter: A shelter shall be provided for every park or subdivision with more than five (5) manufactured homes. The storm shelter must be constructed to accommodate fifteen (15) square feet per manufactured home in the park.
   B.   Approval Criteria: The board and the city council shall evaluate the manufactured home subdivision based on the approval criteria in subsection 10-4-3D of this title and the following:
      1.   The effect of the proposed manufactured home subdivision on adjacent property values.
      2.   The consistency and compliance of the proposed manufactured home park with the provisions of applicable city and state regulations.
      3.   The suitability of the site for the proposed use with special attention given to topography, subsurface conditions and the availability of necessary utility service.
      4.   The relationship of the population density resulting from the proposed manufactured home subdivision and the public interest.
      5.   The use of sound planning and engineering practices regarding transportation, water and sewerage.
      6.   The availability of access from existing highways and the nature of the altered traffic pattern resulting from the manufactured home subdivision.
      7.   The availability of adequate public facilities: schools, police protection, fire protection and other public services.
   C.   Conditions Of Development: In the event of approval, the board and city council shall specify appropriate conditions and safeguards to protect the character of existing and future development of adjoining properties as well as the manufactured home park. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)

10-7-19: RECREATIONAL VEHICLE AND TRAVEL TRAILER PARKS1:

Any person, firm or corporation may maintain, conduct or operate a recreational vehicle and trailer park (RV park) within an M district following issuance of a conditional use permit, subject to the criteria established in subsection 10-4-3D of this title and the following conditions:
   A.   Plans Required: Each application for a conditional use permit from the community development director, or their designee, shall be accompanied by a plot plan, road layout and plan of proposed sanitary facilities.
   B.   Setback: A trailer at any RV park shall not be parked within one hundred feet (100') from the traveled portion of any public highway.
   C.   Lot Size And Location:
      1.   Minimum size lot for each individual trailer: Forty feet (40') wide by sixty feet (60') deep, but not smaller than two thousand four hundred (2,400) square feet.
      2.   Minimum side yards: Ten feet (10').
      3.   Minimum distance between a trailer in a camp and any residence, church, school or public library: Five hundred feet (500').
   D.   Roads And Lighting: All lots shall be grouped in blocks abutting roads of not less than eighteen feet (18') in width, providing easy access to and from such lots. Road lighting to the satisfaction of the community development director, or their designee, shall be provided and maintained by the applicant.
   E.   Water Supply: An adequate supply of potable water from a source approved by the public works director shall be provided to each space.
   F.   Sanitary And Sewage Facilities:
      1.   A central sewage system or individual septic tanks shall be installed for water closets and showers in conformance with local and state health codes.
      2.   Adequately lighted and ventilated toilet rooms for each sex shall be provided within a distance of two hundred feet (200') of any space.
      3.   Every toilet room shall have a minimum of one hand washing facility.
      4.   One shower shall be provided for every six (6) trailer lots up to fifty (50), and one shower for each twelve (12) lots over fifty (50).
      5.   The floors of all water closets or compartments shall be constructed and maintained in waterproof condition by using cement, concrete, tile or other type of waterproof material.
   G.   Garbage And Rubbish:
      1.   A central garbage and rubbish collection point or disposal system shall be maintained subject to the approval of the community development director, or their designee.
      2.   Where a central system is not provided, metal or plastic containers with tightfitting covers, appropriately labeled, shall be provided by the permittee for garbage and rubbish.
      3.   Where mixed collection is practiced, at least one rubbish container shall be provided for every two (2) trailers or fractional part thereof.
      4.   All containers for garbage and rubbish shall be emptied each day and refuse removed from the premises and disposed of in a sanitary manner approved by the community development director, or their designee.
   H.   Grading And Drainage: All lots and abutting roads or driveways shall be kept free from heavy or dense growth of brush or weeds and from any poisonous or noxious weeds, and so graded as to ensure rapid drainage.
   I.   Registration Of Guests: A guest register shall be kept in the applicant’s office, and upon arrival, the owner or person in control of the vehicle or vehicles and trailer shall register their name and address and all persons using same, the date of arrival, and the state vehicle license plate number, together with the name of the state issuing the license. The register shall be kept up to date on a daily basis indicating the population of the RV park, and shall be available at all times for inspection by the community development director, or their designee, health officer or designees.
   J.   Limitation On Number Of Trailers: No person, firm or corporation permitted to operate a trailer camp shall allow the parking of trailers in an excess of the number specified in the application and permit under which the RV park is operated. Except for a single residence for the RV park supervisor or caretaker, no recreational vehicle occupancy may be permitted for longer than fourteen (14) days. (Ord. 03-O-9, 3-18-2003; amd. 2006 Code; Ord. 2025-O-5, 2-18-2025)   

10-7-20: RESIDENTIAL RENTAL MANAGEMENT OFFICE:

   A.   Definition: A residential rental management office shall be defined as an office for the purpose of the management of residential properties that are located off site, as a business, including rental, rent collection, maintenance, and related management activities. The following tasks are often required in the management of property (but not necessarily limited to): accounting and reporting, leasing, coordination and scheduling of maintenance and repair, paying taxes, provision of utilities and insurance, remodeling, and rent rate setting and collection.
   B.   Purpose:
      1.   Regulations Of Residential Rental Management Offices: To permit (by conditional use permit) and regulate on site residential rental management offices located in the R-3, R-3U, R-4, R-4U, M and PUD zoning districts in order to encourage a professional approach to the ongoing conduct of rental business and useful landlord/tenant interaction and for the control of the internal processes for maintenance and clerical duties.
      2.   Compliance With Provisions: No residential rental management office located in the R-3, R-3U, R-4, R-4U, M and PUD zoning districts, except as otherwise provided herein, may be initiated, established, or maintained in the city except in conformance with the regulations, administrative procedures and standards set forth in this section.
      3.   Conditional Use Permit Required: Residential rental management office shall be permitted in the R-3, R-3U, R-4, R-4U, M and PUD zoning districts, subject to a conditional use permit as provided in subsection 10-4-3D of this title.
      4.   Standards: Standards for residential rental management office located in the R-3, R-3U, R-4, R-4U, M and PUD zoning districts:
         a.   Residential rental management offices located in the R-3, R-3U, R-4, R-4U, M and PUD zoning districts are authorized if they comply with the performance standards set forth herein.
         b.   Residential rental management offices located in the R-3, R-3U, R-4, R-4U, M and PUD zoning districts shall be classified as an "accessory use" and may be attached to or within the main structure or detached from the structure. Residential rental management offices shall be located on the same lot as the main building, the use of which is naturally and normally incidental and subordinate to the dominant use of the main use (including building or land) of the premises.
         c.   Any detached "accessory use" operating as a "residential rental management office" shall maintain a side yard setback of six feet (6') and a rear yard setback of twenty five feet (25'). All other aspects of this code shall be applicable.
         d.   The structure in which the residential rental management office located in the R-3, R-3U, R-4, R-4U, M and PUD zoning districts occurs shall look like a residential dwelling and not a business establishment and shall be compatible with the character of the parcel and the neighborhood.
         e.   Signage shall comply with the provisions of chapter 10 of this title.
         f.   Noise levels from the residential rental management office, detectable at the property line, shall not exceed those generated by the primary use.
         g.   The applicant for a residential rental management office shall demonstrate that public facilities and utilities are adequate to safely accommodate the use in conjunction with the residential rental management office.
         h.   Off street parking spaces shall be provided as required for the residential use, plus one space for each allowed employee and/or agent and one space for each client allowed to visit at a given time.
         i.   Storage of dangerous, hazardous, combustible or volatile materials used in conjunction with the residential rental management office shall not be permitted in residential dwellings.
      5.   Unsafe Residential Rental Management Office: If, in the opinion of the community development director, or their designee, any residential rental management office has become dangerous or unsafe, or presents a safety hazard to the public, pedestrians or motorists, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the community development director, or their designee, shall issue an order to the dwelling owner and/or tenant on the property on which the residential rental management office is being undertaken directing that the residential rental management office be immediately made safe or be terminated. The property owner and/or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the community development director, or their designee, may take any action to make the residential rental management office and dwelling safe. Costs incurred by the community development director, or their designee, if forced to take enforcement actions, shall be borne by the property owner and shall be treated as a zoning violation pursuant to chapter 3 of this title. (Ord. 11-O-44, 10-18-2011; amd. Ord. 2025-O-5, 2-18-2025)

10-7-21: CANNABIS BUSINESS ESTABLISHMENTS:

   A.   Local Approvals; Conditions; Non-Transferability:
      1.   All cannabis business establishments must obtain site plan approval under subsection 10-4-2B. Cannabis business establishments must also obtain a change of use permit, certificate of occupancy, conditional use permit, and all other local approvals where required by this title.
      2.   Every change of use permit, site plan approval, certificate of occupancy, or conditional use permit for a cannabis business establishment may be subject to conditions imposed by the decision maker to promote compliance with this section.
      3.   Unless otherwise expressly provided by ordinance, the privileges, obligations, and provisions of a change of use permit, site plan approval, certificate of occupancy, or conditional use permit for a cannabis business establishment:
         a.   Are for the sole benefit of and will be binding on the applicant; and
         b.   May not be transferred to any other person or entity without a new application for approval for a person or entity other than the applicant.
   B.   Number: The Mayor and City Council may establish the number of each type of cannabis business establishment allowed in the City and its extraterritorial jurisdiction under 65 Illinois Compiled Statutes section 5/11-13-1 by adopting a resolution. The resolution may impose conditions on the number of cannabis business establishments to promote compliance with this section.
   C.   State Licensing: Upon application for a change of use permit, site plan review, certificate of occupancy, or conditional use permit, the applicant must submit a complete copy of all applications and plans submitted to the State of Illinois for a cannabis business establishment license. Before issuance of a certificate of occupancy or otherwise opening to the public, cannabis business establishments must provide a copy of their license from the relevant state agency to operate as a cannabis business establishment.
   D.   Compliance With State Regulations And Rules: All cannabis business establishments must comply with all applicable state and local laws, including the Cannabis Regulation and Tax Act, as amended, the Compassionate Use of Medical Cannabis Program Act, as amended, and applicable administrative rules.
   E.   Compliance With Plans: The development, use, operation, and maintenance of the cannabis business establishment will be in substantial compliance with all application documents and plans, except for minor changes and site work approved by the community development director, or their designee, in accordance with all applicable City rules, regulations, and ordinances.
   F.   Odor Control: Upon application for site plan review, all cannabis business establishments must submit a plan for the control of cannabis odors from the subject property. Cannabis odors shall not be detectable beyond the property line of the lot on which the cannabis business establishment is located.
   G.   Security: Upon application for site plan review, all cannabis business establishments must submit a security plan, and unless otherwise prescribed by state law, will include a screened and locked loading space and a fire alarm plan.
   H.   Drive-Through Windows: A cannabis dispensary may not have a drive- through service.
   I.   Traffic Study: The decision maker for any site plan review may obtain a traffic study at the applicant's expense if a proposed cannabis business establishment is expected to substantially increase traffic within two hundred fifty feet (250') of the subject property. If the proposed use would reduce the highway capacity manual level of service grade to E or F for any street within two hundred fifty feet (250') of the property, the site plan must be denied or approved with conditions mitigating traffic impacts.
   J.   Cannabis Waste: All cannabis business establishments must submit a plan for the recycling and destruction of cannabis waste, and all cannabis business establishments must comply with all state, county, and City regulations governing cannabis waste.
   K.   Hours Of Operation: Unless otherwise prescribed by state law, the decision maker may condition site plan approval for a cannabis business establishment on limited hours of operations that are compatible with surrounding uses.
   L.   On-Premises Consumption Prohibited: No cannabis business establishment may allow the smoking, inhalation, or consumption of cannabis on the premises in any form. A sign, at least eight and a half inches by eleven inches (8.5" x 11"), shall be posted inside the cannabis business establishment in a conspicuous place and visible to patrons and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on the premises of this establishment."
   M.   Principal Use: Cannabis business establishments are only permitted as a principal use and are not allowed as an accessory use without specific site plan approval.
   N.   Inspections:
      1.   Cannabis dispensaries and medical cannabis dispensaries are subject to random and unannounced inspections by local law enforcement.
      2.   Cannabis infusers are subject to random inspections by local law enforcement.
      3.   Cannabis cultivation centers and craft growers are subject to random inspections by local safety or health inspectors.
      4.   When reasonable cause of a violation exists, all cannabis business establishments are subject to inspections by the community development director, or their designee, with the assistance of the City Attorney, the Police Department, or other City agents and employees.
   O.   Minimum Distance Limits: In addition to all state-imposed minimum distance limits, there must be a minimum distance between any building used for a cannabis business establishment and the property line of a pre-existing sensitive use, as set forth in the following table:
Table 10-7-21-1
Minimum Distance Limits For Cannabis Business Establishments
Minimum Distance
Public Or Private Preschool, Elementary School, Or Secondary School
Licensed Daycare Center
Public Park
Public Library
Minimum Distance
Public Or Private Preschool, Elementary School, Or Secondary School
Licensed Daycare Center
Public Park
Public Library
Cannabis Craft Grower
250'
250'
250'
250'
Cannabis Cultivation Center
1,000'
1,000'
1,000'
1,000'
Cannabis Dispensary
250'
250'
250'
250'
Cannabis Infuser
250'
250'
250'
250'
Cannabis Processer
250'
250'
250'
250'
Cannabis Transporter
250'
250'
250'
250'
Medical Cannabis Cultivation Center
1,000'
1,000'
1,000'
1,000'
Medical Cannabis Dispensary
250'
250'
250'
250'
 
(Ord. 20-O-22, 6-16-2020; amd. Ord. 2025-O-5, 2-18-2025)

10-7-22: COMMERCIAL SOLAR ENERGY SYSTEMS:

   A.   Scope: The purpose of this section is to provide standards for commercial solar energy systems that capture energy from the sun and convert it to electricity. The provisions of this section are based on a facility that supports the flow of rainwater between each module and the growth of vegetation beneath the arrays and limiting the impacts of stormwater runoff.
   B.   Purpose: The City has adopted this regulation to achieve the following goals:
To preserve the health, safety, and welfare of the City's citizens by promoting the safe, effective, and efficient use of active solar energy systems installed to reduce the consumption of fossil fuels.
Encourage the use of local renewable energy resources, including appropriate applications for solar.
Assist local businesses to lower financial and regulatory risks and improve their economic and environmental sustainability.
Efficiently invest in and manage public infrastructure systems to support development and growth.
Reduce our dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources.
Enhance the reliability and power quality of the power grid.
Encourage local economic development, diversify the City's energy supply portfolio, and limit exposure to fiscal risks associated with imported fossil fuels.
Offer additional energy choice to local consumers and improve competition in the electricity supply market.
   C.   Definitions:
    ACTIVE SOLAR ENERGY SYSTEM: A solar energy system whose primary purpose is to harvest energy by transforming solar energy into another form of energy or transferring heat from a collector to another medium using mechanical, electrical, or chemical means.
   COMMERCIAL SOLAR ENERGY SYSTEM: A solar farm or solar garden that operates as a grid-connected solar energy system for the purpose of producing electricity in whole or in part for off-site consumption.
   COMMUNITY SOLAR PROJECT: An active solar energy system jointly owned by the customer-subscribers who will be the recipients of greater than eighty percent (80%) of the electricity (or a financial proxy for electricity) generated by the system, and which meets the following criteria: 1) a maximum size of two (2) megawatts (MW) of electricity output; 2) the minimum subscription per customer-owner is two hundred (200) watts of electricity output; 3) no individual subscriber can own or lease more than forty percent (40%) of a project; and 4) it has been approved by the Illinois Commerce Commission and the Illinois Power Agency.
   GRID-CONNECTED SOLAR ENERGY SYSTEM: An active solar energy system that is connected to an electric circuit served by an electric utility company.
   OFF-GRID SOLAR ENERGY SYSTEM: An active solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility company.
   PASSIVE SOLAR ENERGY SYSTEM: A solar energy system that captures solar light or heat without transforming it to another form of energy or transferring the energy via a heat exchanger.
   PHOTOVOLTAIC SYSTEM: An active solar energy system that converts solar energy directly into electricity.
   SOLAR ACCESS: Unobstructed access to direct sunlight on a lot through the entire year, including access across adjacent parcel air rights, for the purpose of capturing direct sunlight to operate a solar energy system.
   SOLAR COLLECTOR: A device, structure or a part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
   SOLAR COLLECTOR SURFACE: Any part of a solar collector that absorbs solar energy for use in the collector's energy transformation process. Collector surface does not include frames, supports and mounting hardware.
   SOLAR ENERGY: Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.
   SOLAR ENERGY EASEMENT: An easement that limits the height or location, or both, of permissible development on the burdened land in terms of a structure or vegetation, or both, for the purpose of providing access for the benefited land to sunlight passing over the burdened land.
   SOLAR FARM: A commercial facility that converts sunlight into electricity, whether by photovoltaic (PV), concentrating solar thermal devices (CST), or other conversion technology, for the primary purpose of wholesale sales of generated electricity.
   SOLAR GARDEN: A commercial solar-electric (photovoltaic) array that provides retail electric power (or a financial proxy for retail power) for the primary purpose of generating electricity for multiple households or businesses residing or located on-site or off-site from the location of the solar energy system. Solar garden shall include community solar projects.
   SOLAR MOUNTING DEVICES: Racking, frames, or other devices that allow the mounting of a solar collector onto a roof surface or the ground.
   SOLAR RESOURCE: A view of the sun from a specific point on a lot or building that is not obscured by any vegetation, building, or object for a minimum of four (4) hours between the hours of nine o'clock (9:00) A.M. and three o'clock (3:00) P.M. Standard time on all days of the year.
   SOLAR STORAGE UNIT: A component of a solar energy device that is used to store solar generated electricity or heat for later use.
   D.   Permitted Uses; Commercial Solar Energy Systems:
      1.   Solar Gardens:
         a.   Solar gardens comprising an area less than or equal to ten (10) acres and which meet the conditions and requirements of this section shall be allowed as a permitted or accessory use in the Agricultural or Government Districts, but shall be a conditional use on any Agricultural or Government zoned property within five hundred feet (500') of an airport.
         b.   Solar gardens comprising an area greater than ten (10) acres and which meet the conditions and requirements of this section shall be allowed as a conditional use in the Agricultural or Government Districts.
         c.   Solar gardens may comprise all or part of a planned unit development in the I-2 Heavy Industrial District.
      2.   Solar Farms: Solar farms which meet the conditions and requirements of this section shall be allowed as a conditional use in the Agricultural or Government Districts. Solar farms may comprise all or part of a planned unit development in the I-2 Heavy Industrial District.
      3.   Active Solar Energy Systems: Active solar energy systems designed and operated primarily for the purpose of producing electricity in whole or in part for on-site consumption shall be permitted provided they comply with the regulations applicable to accessory buildings and structures set forth in section 10-7-4 of this chapter and screening of mechanical equipment set forth in subsection 10-8-5G of this title.
   E.   Development Standards:
      1.   Height: Ground or pole-mounted solar energy systems shall not exceed twenty feet (20') in height when oriented at maximum tilt.
      2.   Setbacks: Commercial solar energy systems operated as a principal use must meet the setback for the zoning district and primary land use associated with the lot on which the system is located. Commercial solar energy systems operated as an accessory use may not be located in the front yard of the lot on which the system is located and must meet the side and rear setback for the zoning district and accessory land use associated with the lot on which the system is located.
      3.   Lot Size:
         a.   Solar gardens may be no smaller than two (2) acres.
         b.   Solar farms may be no smaller than ten (10) acres.
      4.   Signs: Suitable warning signs containing a telephone number for emergency calls shall face all access approaches to the facility. All signs shall comply with chapter 10 of this title.
      5.   Lot Coverage: Not more than twenty five percent (25%) of the gross site area shall be occupied by enclosed buildings, each of which shall comply with the applicable bulk regulations of the relevant zoning district.
   F.   Plan Approval Required: All commercial solar energy systems allowed as permitted uses shall require administrative plan approval by the community development director, or their designee, via the review of the application for a building permit. Commercial solar energy systems allowed as conditional uses shall include such plans with the application for a conditional use permit.
   G.   Approved Solar Components: Commercial solar energy system components must have a UL listing or approved equivalent.
   H.   Compliance With State And National Electric Code: All photovoltaic systems shall comply with the Illinois State and National Electric Code.
   I.   Utility Notification: All grid-connected solar energy systems shall comply with the interconnection requirements of the electric utility. An interconnection agreement must be completed with the electric utility in whose service territory the system is located prior to issuance of a building permit.
   J.   Principal Uses: The City encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. The owner or operator of a commercial solar energy system shall be solely responsible for preserving all solar access and acquiring all solar energy easements designed to protect and preserve the solar energy resource used to operate the system.
   K.   Solar Gardens: The City permits the development of solar gardens, subject to compliance with this section and the following standards and requirements:
      1.   Conditional Use: For solar gardens located within five hundred feet (500') of an airport, the solar garden must apply for and receive a conditional use permit in the manner described in chapter 4 of this title.
      2.   Stormwater And NPDES: Solar gardens are subject to the City's stormwater management and erosion and sediment control provisions and NPDES permit requirements.
      3.   Ground Cover And Buffer Areas: Top soils shall not be exported during development, unless part of a remediation effort. When solar gardens are constructed on formerly agricultural land, the developer shall comply with the Illinois Department of Agriculture Water and Sewer Line Construction Standards and Policies related to topsoil management and replacement regardless of the width of the trench. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage runoff and build soil. Seeds should include a mix of grasses and wildflowers native to the region of the project site.
      4.   Foundations: A qualified engineer shall certify that the foundation and design of the solar mounting devices are within accepted development standards, given local soil and climate conditions.
      5.   Other Standards And Codes: All solar gardens shall be in compliance with all applicable local, State and Federal regulatory codes, including title 9 of this Code.
      6.   Visibility: Commercial solar energy systems shall be designed to be screened from routine view from public rights-of-way and residential uses on adjacent parcels. The commercial solar energy system shall be set back from the screening device or landscaping so as to not affect the operation of the system. The property shall comply with fencing, landscaping and screening requirements described in section 10-8-5 of this title.
      7.   Glare; Reflection: All commercial solar energy systems shall be designed and installed to prohibit light reflection towards adjacent rights-of-way and any habitable portion of nearby structures that are not integrated into the system. Measures to minimize glare include selective placement of the system, screening, modifying the orientation of the system, reducing use of the reflector system, or other remedies that limit glare.
      8.   Lighting: Lighting may be installed for safety and security purposes. Except with respect to lighting required by Federal law, all other lighting shall be required to comply with section 10-8-6 of this title.
      9.   Power And Communication Lines: Power and communication lines running between banks of solar panels shall be buried underground. Power and communication lines running to nearby electric substations or interconnections with buildings shall be buried underground to the extent practicable, subject to utility requirements. Exemptions may be granted by the City in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the community development director, or their designee.
      10.   Site Plan Required: A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, zoning and uses of adjacent property, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by the City. The site plan should also show all zoning districts, and overlay districts.
      11.   Aviation Protection: For solar gardens located within five hundred feet (500') of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) and receive the written verification of the airport operator that the tool demonstrates the system will operate in a manner that will not result in unsafe conditions for aviation.
   L.   Solar Farms: The City permits the development of solar farms, subject to compliance with this section and the following standards and requirements:
      1.   Conditional Use: The solar farm must apply for and receive a conditional use permit in the manner described in chapter 4 of this title.
      2.   Stormwater And NPDES: Solar farms are subject to the City's stormwater management and erosion and sediment control provisions and NPDES permit requirements.
      3.   Ground Cover And Buffer Areas: Top soils shall not be exported during development, unless part of a remediation effort. When solar farms are constructed on formerly agricultural land, the developer shall comply with the Illinois Department of Agriculture Water and Sewer Line Construction Standards and Policies related to topsoil management and replacement regardless of the width of the trench. Soils shall be planted to and maintained in perennial vegetation to prevent erosion, manage runoff and build soil. Seeds should include a mix of grasses and wildflowers native to the region of the project site.
      4.   Foundations: A qualified engineer shall certify that the foundation and design of the solar mounting devices are within accepted professional standards, given local soil and climate conditions.
      5.   Other Standards And Codes: All solar farms shall be in compliance with all applicable local, State and Federal regulatory codes, including title 9 of this Code.
      6.   Visibility: Commercial solar energy systems shall be designed to be screened from routine view from public rights-of-way and residential uses on adjacent parcels. The commercial solar energy system shall be set back from the screening device or landscaping so as to not affect the operation of the system. The property shall comply with fencing, landscaping and screening requirements described in section 10-8-5 of this title.
      7.   Glare; Reflection: All commercial solar energy systems shall be designed and installed to prohibit light reflection towards adjacent rights-of-way and any habitable portion of nearby structures that are not integrated into the system. Measures to minimize glare include selective placement of the system, screening, modifying the orientation of the system, reducing use of a reflector system, or other remedies that limit glare.
      8.   Lighting: Lighting may be installed for safety and security purposes. Except with respect to lighting required by Federal law, all other lighting shall be required to comply with section 10-8-6 of this title.
      9.   Power And Communication Lines: Power and communication lines running between banks of solar panels shall be buried underground. Power and communication lines running to nearby electric substations or interconnections with buildings shall be buried underground to the extent practicable, subject to utility requirements. Exemptions may be granted by the City in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the community development director, or their designee.
      10.   Site Plan Required: A detailed site plan for both existing and proposed conditions must be submitted, showing location of all solar arrays, other structures, property lines, zoning and uses of adjacent property, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by the City. The site plan should also show all zoning districts, and overlay districts.
      11.   Aviation Protection: For solar farms located within five hundred feet (500') of an airport or within approach zones of an airport, the applicant must complete and provide the results of the Solar Glare Hazard Analysis Tool (SGHAT) and receive the written verification of the airport operator that the tool demonstrates the system will operate in a manner that will not result in unsafe conditions for aviation.
      12.   Wildlife Passage: In areas identified as containing important wildlife habitat, the facility shall be designed, to the maximum extent feasible, to allow continued use of the site for wildlife habitat and migration across the site.
   M.   Decommissioning: A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life. Decommissioning of solar panels must occur in the event they are abandoned, which shall mean not in use for twelve (12) consecutive months for reasons other than repair and replacement. The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and a plan ensuring financial resources will be available to fully decommission the site. Decommissioning and removal of the facilities must be complete within one hundred eighty (180) days after they are abandoned or the owner delivers notice of cessation of use, provided the community development director, or their designee, may grant extensions for force majeure events. The City may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning. (Ord. 18-O-4, 2-6-2018; amd. Ord. 2025-O-5, 2-18-2025)