(a)

Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided along such abutting side or rear lot lines of the business or industrial district a yard equal to that in the residential district.

(b)

Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be equal to the required front depth of the residential district.

(c)

Where a zoning district boundary line parallel or approximately parallel to a street divides a lot having street frontage in the less restricted zoning district, the provisions of this chapter covering the less restricted portion of such lot may extend to the entire lot, but in no case for a distance of more than 25 feet from such zoning district boundary line.

(d)

Where a zoning district boundary line divides a lot and such line is perpendicular or approximately perpendicular to the street upon which the lot fronts, the provisions of this chapter covering the less or the more restricted portion of such lot may be extended to the entire lot, but in no case for a distance of more than 25 feet from such zoning district boundary line.

(Code 1996, § 11-1-5)

(a)

Reduced lot area. No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations for the district in which the lot is located. Whenever such reduction in lot area occurs, any building located on the lot shall not thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area and yard requirements applicable thereto.

(b)

Dwellings on existing substandard lots. Notwithstanding the limitations imposed by any other provisions of this chapter, the board of zoning appeals shall permit erection of a single-family dwelling in a district permitting such use on a lot separately owned or under contract of sale and containing, the time of the effective date the ordinance from which this chapter is derived, an area or a width smaller than that required for a single-family dwelling, but complying with all other requirements for dwellings, and provided that adjacent lots in common ownership shall be combined to equal or approach the standard minimum size requirements.

(c)

Visibility at intersections. On a corner in any residence district, no fence, wall, hedge, earth terrace, parking facility or other structure or plant which would obstruct motor vehicle visibility of traffic approaching the corner or intersection shall be erected, placed or maintained within the triangular area formed by the intersecting lot lines nearest the street intersection and a straight line joining such lot lines at points which are 20 feet distant from the point of intersecting lot lines.

(Code 1996, § 11-8-2)

(a)

Terraces. A terrace shall not be considered as a part of the structure in determining the lot area if such terrace is unroofed.

(b)

Unenclosed ground floor porches and decks. An unenclosed ground floor porch or deck without a roof, may project into a required front yard, side yard or rear yard area a distance not to exceed six feet and shall not be considered in the determination of the size of yards or lot coverage; provided, however, that such porch or deck shall not be closer than four feet at any point to any lot line, and that no building shall have such porches or decks projecting into more than one required side yard.

(c)

Enclosed or roofed porches and decks. Any porch or deck which is enclosed or roofed over, or which is located above the ground floor, even if it is not enclosed or roofed over, shall be considered a part of the building in determining the size of the yard or lot coverage, and may not project into required yards.

(d)

Projecting architectural features. The space in any required yard shall be open and unobstructed except for the ordinary projection of windowsills, belt courses, cornices, eaves, roof overhangs and other architectural features of residential properties; provided, however, that such features shall not project more than a maximum of four feet from the exterior wall of the building and provided that such features shall not reach closer than four feet to the side lot lines.

(e)

Overhanging canopies, marquees and signs. All overhanging canopies, marquees, awnings and similar structures must be at least six feet eight inches above the sidewalk at any point, and overhanging signs must be a minimum of eight feet above the sidewalk at any point. Such structures may not project nearer than one foot to any driveway.

(f)

Fire escapes. Open fire escapes may extend into any required yard not more than four feet six inches.

(g)

Location of accessory buildings. Any accessory building within 12 feet of a residential building shall be at least five feet from the side lot line. Any accessory building more than 12 feet from a residential building shall be at least three feet from the side lot line and three feet from the rear lot line, except where there is an alley it must be at least five feet from the rear lot line where the doors open to the alley.

(Code 1996, § 11-8-3)

(a)

No building shall be erected, reconstructed, relocated, or structurally altered so as to have a greater height than permissible under the limitations set forth in this chapter for the district in which such building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, grain elevators, silos, spires, steeples, stacks, stage towers or scenery lofts, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions when erected in accordance with all other ordinances of the city.

(b)

Maximum heights permitted in the respective districts shall be as follows:

(1)

Residence districts:

a.

One- and two-family dwellings: 30 feet.

b.

Other permitted uses: 45 feet.

(2)

Retail districts:

a.

Local: 30 feet.

b.

General: 45 feet.

(3)

Service districts, permitted uses: 55 feet.

(4)

Industrial districts:

a.

Light: 55 feet.

b.

Heavy: 75 feet.

(5)

Community facilities districts: 45 feet.

(6)

Industrial park districts:

a.

No sign shall be permitted which exceeds 40 feet in height.

b.

The maximum building height permitted shall be no greater than 55 feet above existing grade (present top ground level).

(Code 1996, § 11-8-5)

All public and private utility installations, including but not limited to electric, telephone, water, sewer and gas installations, may be erected and maintained in any district; provided that permission for any such installations shall first be granted by the city council.

Notwithstanding the foregoing, communications towers, as defined in section 106-286 of this Code, shall be governed by said section 106-286 and not by this section.

(Code 1996, § 11-8-6; Ord. No. 01-02-11, § 2, 2-12-01)

(a)

Communications towers shall be permitted in any agricultural, commercial or industrial district, at a location at least: (1) twice as far as the height of the tower itself; or (2) 400 feet, whichever is farther, from any residential zoning district, upon issuance of a permit by the city council after a hearing before the city plan commission as set forth in section 106-32 of this Code. The petitioner shall deliver to the city an application for permit stating the name, address and telephone number of the applicant, the proposed location for the tower, a description of the tower and such other information as the city shall reasonably require. Any communications tower shall comply with all Federal Aviation Administration and Federal Communications Commission regulations, the current Electronic Industry Association Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and all other applicable laws and regulations of the city or other governmental body having jurisdiction, and the petitioner shall deliver to the city evidence of such compliance upon request.

For purposes of this section, "communications tower" shall mean any tower or antenna which aids in the transmitting or receiving of radio, electronic, telephonic, television or similar broadcast signals, but excluding any tower erected on property solely for the personal, non-commercial use of the occupant of the property.

(b)

Any applicant shall also comply with the following minimum requirements, unless a variance is granted pursuant to subsection (d) below:

•

The owner of the property for which the communications tower is proposed must join in the application, and shall be bound by the requirements of this section;

•

Adequate fencing, at least six feet in height, must be provided to secure the communications tower and any other building or equipment on-site;

•

Any communications tower must be removed within 90 days if it has been abandoned; "abandonment" shall mean that the tower is out of use for 90 days;

•

The communications tower must be constructed at the location designated, and in accordance with the plans submitted, by the applicant;

•

Applicant shall demonstrate to the city that it has used its best efforts to co-locate its facilities on towers or similar structures already existing;

•

The communications tower must be built in a manner that will allow co-location of other similar facilities; applicant must reasonably cooperate with other entities to allow co-location of facilities where possible;

•

The area surrounding the fencing and communications tower shall be appropriately landscaped;

•

Lighting should be designed to minimize adverse effects on adjacent property, consistent with security and safety needs and applicable laws and regulations;

•

With the exception of necessary electric and telephone service connection lines, no part of any antenna or tower, nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk or property line without the written consent of the city or adjacent property owner, as the case may be;

•

All above-ground signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower and antenna and a structure, or between towers, shall be at least eight feet above the ground at all points;

•

Communications towers shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities, such as the Federal Aviation Administration. For the purpose of this subsection, camouflaging architectural treatment shall consist of disguising the applicable tower as an object which would otherwise be fully consistent with the surrounding area, such as a tree, church steeple or building spire, as appropriate. The camouflaging shall disguise the existence of the tower, while retaining the natural or improved appearance of the surrounding area, to the maximum extent possible;

•

Communications towers shall be of a monopole design unless the city council determines that an alternative design would better blend into the surrounding environment;

•

Communications towers shall meet the setback requirements of buildings found in the underlying zoning district unless otherwise specified herein; provided, however, no tower shall be set back a distance less than 50 percent of its height from the top of tower to existing grade or, if the tower was originally attached to a building, to the point of attachment;

•

Communications towers shall not exceed 190 feet in height from existing grade;

•

Communications towers shall not be illuminated by artificial means and shall not display any strobe or flashing lights unless such lighting is required by the Federal Aviation Administration or other federal or state authority for a particular tower;

•

Signs displaying warning or equipment information and meeting reasonable size limitations may be placed on towers. All other signs, including signs used for advertising purposes, are prohibited;

•

All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment. Further, such buildings shall meet minimum setback requirements of the underlying zoning district. Ground-mounted equipment shall be screened from view by suitable vegetation and/or landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding area, in which case, such non-vegetative screening shall be utilized; and

•

No new or existing telecommunication service shall interfere with public safety telecommunications. All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems. Before the introduction of new services or changes in existing service, telecommunication providers shall notify the city at least ten calendar days in advance of such changes and allow the city to monitor interference levels during the testing process.

(c)

Applications for permits hereunder shall include written documentation evidencing compliance with each provision of this Code and all other applicable laws and regulations, in addition to the following supplemental information:

(1)

A report from a qualified and licensed professional engineer which:

a.

Describes the tower height and design, including a cross-section in elevation;

b.

Documents the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas;

c.

Describes the tower's capacity, including the number and type of antennas that it can accommodate;

d.

Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

e.

Includes an engineer's stamp and registration number;

f.

Includes other information necessary to evaluate the request.

(2)

Architectural drawings depicting the constructed tower with camouflaging treatment set in the surrounding area. These drawings shall include at least one perspective from the north, south, east and west.

(3)

An overhead map of the city showing the subject tower's location as well as the location of each of the applicant's existing and planned future tower sites.

(4)

For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

(5)

Before the issuance of a permit, the following supplemental information shall be provided:

a.

Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; proof that the proposed tower complies with the emission standards promulgated by the Federal Communications Commission; and [a] report from a qualified and licensed professional engineer which demonstrates the tower's compliance with the aforesaid structural and electrical standards.

(6)

The name and phone number of a contact person or persons (who will be available 24 hours per day) in case of emergency regarding the communications tower.

The requirements set forth in this section are intended to be minimum requirements, and this section shall not be construed to prevent the city from imposing additional requirements for the approval of a permit, nor shall it be construed to require the city to approve a permit when all of the minimum requirements are met.

(d)

Notwithstanding the foregoing, an applicant may request a variance from any of the provisions of this section. The variance request shall be made a part of the original application. Permits for communications towers shall be granted by the city council by a simple majority, after the public hearing described above, but variance requests shall require the affirmative vote of two-thirds of the corporate authorities of the city after the public hearing described above.

(e)

In addition to the districts listed in [subsection] (a) above, communications antennas shall be permitted in the RCH residential country home district upon issuance of a permit by the city council in the same manner, and subject to the same minimum requirements, as set forth in this section for the issuance of permits for communications towers.

For purposes of this section, "communications antenna" shall mean any antenna which aids in the transmitting or receiving of radio, electronic, telephonic, television or similar broadcast signals, but excluding any antenna erected on property solely for the personal, noncommercial use of the occupant of the property, which antenna is attached to an structure which was erected for a purpose other than aiding in the transmission or receiving of radio, electronic, telephonic, television or similar broadcast signals.

(Ord. No. 01-02-11, § 1, 2-12-01; Ord. No. 12-09-15, § 1, 9-24-2012)

(a)

Permitted as special use. Wind energy conversion systems shall be permitted in any zoning district only upon approval by the city council after a hearing before the city plan commission as set forth in section 106-135, special uses, of the City Code.

(b)

Defined. For purposes of this section, "wind energy conversion system" shall mean any system by which wind energy is converted to electricity.

(c)

Application. Applications for approval of a wind energy conversion system shall include the name, address, telephone number, email address and signature of the applicant (and the property owner, if other than the applicant), the payment of the application fee set forth in section 42-106 of the city code and the following information, all in such detail as requested by the city:

•

Legal description of the property proposed for the wind energy conversion system;

•

Scaled site plan, showing, at a minimum, the boundaries of the property upon which the wind energy conversion system is to be located, the location of all wind energy conversion system structures and the location of all aboveground utility lines or other utility equipment;

•

Description of the wind energy conversion system and related improvements including, without limitation, its manufacturer and type, approximate name plate generating capacity, height of towers, diameter of rotors and description of applicant and its wind energy conversion system experience;

•

Documentation of compliance with all applicable industry standards, all applicable laws and regulations, and the provisions of this section and any other applicable provisions of the city code;

•

Evidence that no adverse impacts, as described in subsection (f) below, are likely to occur as a result of the proposed wind energy conversion system project;

•

Such other information as the city shall request.

(d)

Minimum requirements. Any wind energy conversion system shall comply with the following minimum requirements, unless a variance is granted pursuant to subsection (e) below:

•

Setbacks. The minimum distance between any wind energy conversion system turbine and all property lines, overhead utility or transmission lines or other utility equipment, public rights of way and other wind energy conversion system turbines shall be 1.2 times the height of the turbine (measured from the established grade at the base of the tower to the highest point on the turbine rotor plane);

•

Rotor to ground height. The minimum distance between the ground, measured from the established grade at the base of the turbine, and any part of the rotor blade system shall be 25 feet;

•

Anti-climbing devices. Wind energy conversion system turbines shall not be climbable up to a height of 15 feet from established grade;

•

Noise. Noise from a wind energy conversion system shall not exceed 60 decibels at any point on the boundary of the property;

•

Signs. No signs other than "High Voltage" or other warning signs may be posted on a wind energy conversion system turbine;

•

Color. All wind energy conversion system equipment shall be made of non-reflective material and shall be white or light gray in color;

•

Controls and brakes. All wind energy conversion system turbines shall be equipped with manual or automatic controls or mechanical brakes to limit rotation of blades to a speed below the designed limits of the wind energy conversion system. For purposes of this section, "manual and automatic controls" mean controls which give protection to power grids and limit rotation of the wind energy conversion system blades to below the designed limits of the wind energy conversion system. The professional engineer or authorized factory representative must certify that the rotor and overspeed control design and fabrication conform to good engineering practices. No changes or alterations from certified design shall be permitted unless accompanies by a professional engineer's or the authorized factory representative's statement of certification;

•

Lighting. Lighting above ground level shall be permitted only to the extent required by the Federal Aviation Administration;

•

Industry standards. All wind energy conversion systems shall conform to all applicable industry standards including without limitation those of the American National Standards Institute and the American Wind Energy Association. Installation and operation of wind energy conversion systems shall conform to the manufacturer's standards;

•

Compliance with laws. All wind energy conversion systems shall comply with all applicable laws, ordinances and regulations;

•

Wiring. All wiring associated with the wind energy conversion system shall be underground.

The requirements set forth in this section are intended to be minimum requirements, and this section shall not be construed to prevent the city from imposing additional requirements for approval, nor shall it be construed to require the city to approve any wind energy conversion system when all of the minimum requirements are met.

(e)

Variances. Notwithstanding the foregoing, an applicant may request a variance from any of the provisions of this section. The variance request shall be made a part of the original application. Permits for wind energy conversion systems shall be granted by the city council by a simple majority, after the public hearing described above, but variance requests shall require the affirmative vote of two-thirds of the corporate authorities of the city after the public hearing described above.

(f)

Adverse impacts. The applicant shall be responsible to ensure that no adverse impact to the environment or to other property owners in the area occurs as a result of the proposed wind energy conversion system project. The applicant shall provide evidence that no adverse impacts are likely to occur in its original application, and, in the event that adverse impacts do occur, shall take all steps necessary to eliminate such adverse impacts. In the event that adverse impacts do occur, the wind energy conversion system shall not operate until the adverse impacts are eliminated. For purposes of this article, adverse impacts shall include, without limitation, interference with radio, television, internet or telephone or other communication system reception, shadow flicker and risks to local wildlife, habitat and migratory birds.

(g)

Conformance to application. Upon approval of a wind energy conversion system as set forth in subsection (a) above, the wind energy conversion system shall be constructed in accordance with the application to the city. Any modifications to the wind energy conversion system, whether during or after initial construction, shall require an amendment to the special use permit, which shall require the same procedure as the initial issuance of the special use permit.

(Ord. No. 11-05-05, § 1, 5-23-2011)

(a)

Memorial defined. For purposes of this section 106-288, "memorial" means a structure erected by a not for profit organization which honors or preserves the memory of persons or events.

(b)

Memorials permitted. Memorials may be erected in any zoning district, without regard to any regulations contained in this chapter 106, but only with the prior approval of the city council after a hearing before the city plan commission in the same manner as set forth in section 106-32 of the City Code.

(Ord. No. 15-02-02, § 1, 2-9-2015)

(a)

Purpose. The city council hereby finds that it is in the best interests of the health, safety, and welfare of the residents of the city that minimum standards be established for landscaping and screening within the city.

It is the specific intent of the city to:

(1)

Achieve the community wide goal of developing the visual appeal of public and private open space through landscaping improvements in accordance with the city's comprehensive plan;

(2)

Provide buffering between single-family and two-family (R-1, R-2 and RCH) land uses, and multiple-family (R-3 and R-4), office, commercial, industrial, and other land uses;

(3)

Safeguard and enhance property values and to protect public and private investment;

(4)

Preserve and protect the unique identity and environment of the city and preserve the economic base attracted to the city;

(5)

Provide for the preservation of larger existing trees which are a valuable amenity to the urban environment, and, once destroyed, can only be fully replaced after generations;

(6)

Ensure that the local stock of trees and other vegetation is replenished;

(7)

Provide groundwater recharge and stormwater runoff retardation, shade, and air purification, while at the same time reducing noise, glare, wind, and heat; and

(8)

Reduce soil erosion and thereby reduce sedimentation of waterways.

(b)

Definitions. For the purposes of this section, the following terms shall be given the respective meanings ascribed thereto, unless the context clearly requires otherwise:

Abutting means sharing an adjacent property boundary or separated only by an alley, but not separated by a public street.

Alternative compliance procedure means a method by which a property owner may comply with the terms and provisions of this section by submitting a landscape plan that does not comply with the primary landscaping requirements of this section. Such method involves development and submission of a comprehensive landscape plan for review and approval by the city's designated representative. The method allows for an alternative to the application of the point system hereinafter provided.

Berm means a mound of earth with a maximum slope of 4:1, and a minimum height of three feet. Berms shall be planted with grass and/or other landscaping material.

Deciduous shrub means a lower story plant that generally will not attain a mature height of more than 25 feet and usually has a dense branching pattern which is close to the ground level. Such plants shed their leaves and are dormant during the winter. Any plant that will not attain a mature height of more than one foot will not be regarded as a deciduous shrub.

Escrow agreement means a written document, signed by the property owner which requires not less than 110 percent of the total cost of the landscaping improvements be deposited and held as security for the full performance of the landscape plan, and the construction and development of such plan. The escrow agreement shall provide for, among other things, the release of funds to the city to complete or institute the landscape plan, if the landscape plan is not completed or instituted by the property owner.

Evergreen shrub means a lower story plant that generally will not attain a mature height of more than 25 feet and usually has a dense branching pattern which is close to the ground level. Such plants retain their foliage throughout the year. Any plant that will not attain a mature height of more than one foot will not be regarded as an evergreen shrub.

Evergreen tree means a tree that retains its foliage throughout the year, generally develops a pyramidal shape, and grows to a mature height and spread that is greater than any pyramidal shaped evergreen shrubs such as upright junipers and upright arborvitae.

Landscape area means an area where trees, shrubs, flowers, lawn or other plantings are provided.

Parkway trees means trees which are planted in the public right-of-way.

Shade tree means a deciduous plant which generally creates a tall and wide overhead canopy under natural growing conditions. Shade trees will usually have a single trunk. Such plants will shed their leaves and are dormant during winter.

Transitional buffer yard means a landscaped yard which provides increased compatibility between abutting incompatible land uses.

(c)

Applicability. Landscaping and/or screening shall be required and plans therefor must be submitted to the city for review and approval as follows:

(1)

At the time of application for any and all building permits for new construction of any structure to be used for other than single-family or two-family dwelling units;

(2)

Upon a change in use of property from single-family or two-family residential use to any other use;

(3)

At the time of application for any and all special use permits;

(4)

Upon the submission of a final plat of subdivision for a commercial or industrial subdivision, which final plat includes thereon and therein one or more new public streets or other public rights-of-way; and

(5)

At the time of application for any and all building permits for the expansion of existing uses, other than single-family and two-family dwelling unit uses.

The provisions of this section shall apply to all zoning districts as provided from time to time under this chapter 106.

(d)

Primary landscaping requirements.

(1)

Performance standards. All landscape plans, including those submitted under the alternative compliance procedures, shall fully meet the following performance standards:

•

Landscaping and landscaping materials shall not hinder the vision of motorists and pedestrians necessary for safe movement into, out of, and within the site;

•

Landscaping materials must be selected and placed in such a manner that they do not interfere with or damage existing utilities;

•

Landscaping materials must be selected and placed so as not to affect the safe and enjoyable use of surrounding properties;

•

Landscaping materials must be selected and placed taking into account the ultimate size that will be achieved over time by the landscaping materials selected;

•

Landscaping materials with thorns, berries, and other undesirable plant characteristics must be placed to avoid potential harm to persons or property on and off-site.

•

Weak wooded trees may only be used where limb breakage will not cause harm to persons or property.

(2)

Calculation of minimum requirements. Unless otherwise permitted by the alternative compliance procedures of this section, every landscape plan shall include therein streetside landscaping, parking lot landscaping, and traditional buffer yard landscaping as hereinafter provided. The landscaping materials and the quantities and types thereof shall be calculated and determined as follows:

•

Streetside landscaping. Streetside landscaping shall be so designed and constructed that the total of all points assigned to the landscaping materials utilized must equal or exceed the number obtained by dividing the lot frontage on the street, measured in linear feet, by two.

All streetside landscaping must be located in the area between the front lot line (adjacent to the street) and the nearest point of any parking lot, access drive or road, or building on the property. The above described area must be not less than ten feet in depth, notwithstanding the required minimum front yard under the provisions of the particular zoning district.

Existing parkway trees may comprise up to one-half of the total points that must be obtained through trees where the existing parkway trees are located within ten feet of the front lot line (adjacent to the street).

•

Parking lot landscaping. Parking lot landscaping shall be so designed and constructed that the total of all points assigned to parking lot landscaping used must equal or exceed the number of parking spaces provided on the property; provided, however, the following additional requirements shall also apply:

a.

Fewer than 100 parking spaces. If the parking lot has fewer than 100 parking spaces, the parking lot landscaping may be placed within an interior curbed parking island and/or within ten feet of the perimeter of the parking lot.

b.

One hundred or more parking spaces. If the parking lot has 100 or more parking spaces, one-half of the required points assigned to the landscaping materials used must consist of shade trees planted in curbed parking islands within the interior of the parking lot. Parking islands must be protected with concrete curbs, or a functionally equivalent material that has received the prior approval of the city's designated representative. Landscape timbers, railroad ties, and wood or lumber are not functionally equivalent to concrete curbs, and are not acceptable hereunder.

c.

Minimum area for planting trees. The minimum area for planting all types of trees within parking lots will be not less than 180 square feet. Shade trees and intermediate trees may not be planted in any area with a width of less than five feet. Evergreen trees may not be planted in any area with a width of less than ten feet. Shrubs may not be planted in any area with a width of less than two feet. The widths of all plantings within curbed parking islands must be measured from the back of the curb.

d.

Location of parking lot landscaping. The location of the parking lot landscaping will be subject to review and approval by the city's designated representative.

•

Transitional buffer yard. Transitional buffer yards shall be so designed and constructed so that the total of all points assigned to the landscaping materials used therein must equal or exceed the number of linear feet of the length of the transitional buffer yard as measured along the property line separating the residential district or residential use from the property subject to this section. The following additional requirements shall apply to a transitional buffer yard:

a.

Evergreen materials. One-half of the total points assigned to the landscaping materials used in the transitional buffer yard shall be comprised of evergreen or broadleaf evergreen plantings.

b.

Depth of yard. The depth of the transitional buffer yard shall be not less than ten percent of the lot width or depth, whichever is applicable, provided that in no event may the transitional buffer yard be less than ten feet. No transitional buffer yard will be required to be more than 25 feet in width or depth.

c.

Prohibited materials. No aisleways, driveways, parking areas, refuse containers, service vehicle maneuvering areas, storage, towers, or structures of any form may be located within any transitional buffer yard, except as specifically permitted by this section. If an emergency exit is required to be located within the transitional buffer yard, a concrete pad of no more than 23 square feet may be placed at grade level immediately outside of the required emergency exit.

d.

Utility structures. Utility structures or units are permitted in a transitional buffer yard if properly screened from the adjacent residential property, subject to the review and approval by the city's designated representative. The utility structure must be visually screened with a fence, wall, berm, evergreen planting, or combination thereof, which achieves a substantially solid six-foot visual barrier.

e.

Screening of activity areas. A visual barrier will be required when all or a portion of the subject site immediately adjacent to the transitional buffer yard is planned to be used for the following activities:

1.

Loading, unloading, or storage of refuse containers/dumpsters;

2.

Storage or display of materials or merchandise;

3.

Loading or unloading of passengers or goods; and

4.

Parking of vehicles.

The above referred to visual barrier shall consist of a fence, wall, berm, evergreen planting, or combination thereof which achieves a substantially solid six-foot visual barrier. If a fence or wall is used to meet this requirement, it must be located between the activity area and the transitional buffer yard.

All plantings used to meet the screening of activity area requirements must be capable of achieving a substantially solid six-foot visual barrier within two years of the date of the issuance of the certificate of occupancy by the city.

•

Expansion of existing structures. Where an existing structure, other than a one-family or two-family dwelling, is expanded, the landscaping plan shall include such landscaping materials as are required for new construction, provided that the number of points that must be obtained by the landscaping materials used may be reduced as follows:

•

Point system classification. The following points shall be assigned to and shall apply for all required landscaping and landscaping materials:

•

Incentive for preserving existing landscaping. Existing landscaping that is in a vigorous growing condition and is not specifically prohibited by this section may be used to meet the point requirements of this section. Furthermore, the following landscaping materials will be awarded five additional points (added to base value) per tree when preserved:

•

Incentive for planting larger landscaping. Planting of landscaping materials which are larger than the minimum required sizes specified herein will be rewarded with five additional points (added to base value) per tree when the proposed sizes are as follows:

•

Landscaping material.

a.

Selection. All landscaping materials must be in a healthy, vigorous growing condition. All landscaping materials must be capable of withstanding the extremes of the particular site microclimates.

b.

Minimum size. All landscaping materials required herein must, at the time of planting, be of the following minimum size:

•

Shade trees - Trunk caliper (diameter) of 2½ inches.

•

Evergreen trees - Six feet in height.

•

Intermediate trees - Single stem varieties shall have a trunk caliper (diameter) of 1½ inches. Multi-stem varieties shall have a minimum height of six feet.

•

Shrubs (all) - Two feet in height or spread.

Trunk caliper shall be measured two feet above the ground.

c.

Prohibited trees. The following trees may not be used in meeting any of the requirements of this section:

1.

Ailanthus (Tree of Heaven);

2.

Box elder;

3.

European mountain ash;

4.

European white birch;

5.

Mulberry;

6.

Poplar;

7.

Purple-leaf plum;

8.

Russian olive;

9.

Siberian elm;

10.

Silver maple;

11.

Willow.

•

Ground cover and mulching requirements.

a.

All landscape areas must be planted and maintained with a vegetative ground cover such as sod or seed. Other low growing plants (evergreen or broadleaf plants with a mature height of one foot or less) may also be utilized.

b.

If low growing broadleaf evergreen plants such as pachysandra, vinca minor, and purpleleaf wintercreeper are utilized to meet the ground cover requirements, such must be planted together in continuous beds, mulched with shredded hardwood bark or cypress mulch and spaced in such a way that they achieve a substantially continuous ground cover within two years from the date a certificate of occupancy is issued by the city.

c.

Creeping junipers must be mulched with shredded hardwood bark, cypress, or gravel mulch and must achieve a substantially continuous ground cover within two years from the date a certificate of occupancy is issued by the city.

d.

All required shrubs and trees must be mulched and maintained with shredded hardwood bark, cypress, or gravel mulch. Plant groups must be mulched in a continuous bed in which the edge of the mulching bed does not extend any more than four feet beyond the edge of the plantings.

e.

When required shrubs or trees are planted individually and away from nearby plants, they must be encircled in a mulched area with a diameter of no more than five feet. Evergreen trees may be mulched in a circle with a diameter large enough to accommodate the spread of the tree and up to four additional feet of mulch beyond the edge of the tree.

f.

All mulch proposed to be placed within or directly adjacent to a parking lot shall be shredded hardwood bark or cypress mulch. Gravel mulch will not be permitted within or directly adjacent to parking lots.

(e)

Alternative compliance procedures.

(1)

Application. In lieu of complying with the point system for determining the nature and extent of landscaping and screening required on any property, a comprehensive landscaping plan may be submitted where practical difficulties or a particular hardship exists that renders strict compliance with the point system impossible or impractical.

(2)

Practical difficulty or particular hardship. A practical difficulty or particular hardship exists only where one or more of the following conditions is found to exist:

•

The view of the landscaping will be blocked by a changed in grade, natural vegetation, or manmade features;

•

An existing building or a concrete or asphalt parking lot occupies the area where the landscaping would otherwise be required (except for parking lot landscaping);

•

In the case of a transitional buffer yard, the adjacent residentially zoned property has previously been developed with a use other than residential, and the city's designated representative determines that a reduction in the nature and extent of the landscaping and screening will not have a negative impact on the adjacent property;

•

In the case of a transitional buffer yard, the adjacent residentially zoned property is vacant and is not proposed to be used for residential purposes in the city's comprehensive plan.

Economic hardship, standing alone, will not be considered a practical difficulty or a particular hardship.

(3)

Satisfaction of performance standards. Comprehensive landscaping plans submitted under this section must fully achieve the performance standards as contained in subsection (d), primary landscape requirements, of this section.

(4)

Minor adjustments to existing special uses. Where the holder of an existing special use plans or proposes to make a change to the existing landscape plan, or to its existing landscaping, the owner or holder of the special use may follow the provisions of this paragraph:

•

Plan submission. When a minor adjustment to the landscaping of an existing special use is planned or proposed, the holder of the special use may either request a public hearing before the plan commission as to the proposed modification of the existing landscaping plan, or may submit an amended plan to the city's designated representative for review as provided in this section.

•

City's designated representative's authority. The city's designated representative shall determine whether the proposed adjustment to the landscaping or landscaping plan will have any impact on the special use or surrounding property, other than on the landscaping itself. The city's designated representative may approve the proposed amendment, or may state that the request must be processed through the plan commission and city council.

•

Plan commission. Where the holder of a special use elects to request a public hearing before the plan commission, or where the city's designated representative requests that the proposed change be processed through the plan commission, the plan commission shall hold a public hearing on the proposed change to the landscaping or landscaping plan.

•

Public hearing. The plan commission shall, when requested by the holder of a special use or the city's designated representative, hold a public hearing on any proposed modification of the landscaping or landscaping plan to an existing special use. The hearing shall be open to the public, and shall be held after notice of such hearing is given by one publication in the city at least 15 days before the time of the hearing. The notice of public hearing shall state the time, place, and date of the public hearing, the purpose of the public hearing, and contain a correct description of the property that is subject to the existing special use.

•

Plan commission recommendation. After the conclusion of the public hearing, the plan commission shall make its recommendation as to the granting or denying of the proposed change to the existing landscaping plan or landscaping of an existing special use to the city council. That recommendation shall be made in writing and forwarded to the city council by the plan commission. The recommendation shall contain findings of fact and shall contain an explicit recommendation for approval or denial of the proposed change to the landscaping or landscaping plan for the existing special use.

•

City council action. The city council shall have final authority to approve or deny the change to the landscaping or landscaping plan for an existing special use. The city council, at a regularly or specially held meeting thereof, shall approve or deny the request for the change after having considered the plan commission's recommendation.

(f)

Landscape maintenance.

(1)

Responsibility. The owner of property subject to a landscaping plan shall be responsible for the maintenance, repair, and replacement of all landscaping, landscaping materials, fences, and other visual barriers, including but not limited to refuse disposal area screens.

(2)

Plant materials. All required landscaping materials must be maintained in a healthy, vigorous growing condition, and neat and orderly appearance. Landscaping materials must be replaced as necessary, and must be kept free of refuse and debris.

(3)

Fences and walls. All fences, walls, and other barriers must be maintained in good repair, such that same are at all times structurally sound and attractive in appearance. All fences must have the finished face directed toward residential property, where a residential property is adjacent to or separated only by a public or private street or right-of-way.

(g)

Other screening.

(1)

Refuse disposal area screens. All refuse disposal areas must be landscaped and otherwise screened on four sides (including a gate for access) by a solid, commercial-grade wood fence, wall, or equivalent material with a minimum height of six feet.

(2)

Mechanical equipment screens. All ground level mechanical equipment and utilities must be fully landscaped or otherwise screened from view of any street or residential zoning district as seen from six feet above ground level.

(3)

Screening for scrap, junk, salvage, reclamation, or similar yards. Any scrap, junk, salvage, reclamation or similar yard, or any auto salvage yard must provide a solid fence or wall with only such openings as are necessary for ingress or egress. Said fence or wall shall be located as otherwise required in this section unless same is located adjacent to a non-residential property, in which case it shall be located as near to the lot line separating the properties as shall be possible. Said fence or wall shall be maintained in good repair and in a neat and orderly appearance and shall be of such height that any materials stored within the confines of the fence cannot be seen above a line of sight established between a point 4½ feet above the centerline of the street nearest to that fence, and the top of said fence.

(h)

Landscaping plan submission and review. The landscaping plan must contain all of the information required in this section. Landscaping and screening must be completed prior to issuance of a certificate of occupancy, unless an escrow agreement is approved by the city.

(1)

Content of landscaping plan. The following information must be shown on all landscaping plans:

•

North arrow, scale, date of preparation and date of revisions, name and address of designer or drafter;

•

Location of all buildings, structures, and pavement that are proposed or will remain on the site;

•

Location of all existing or proposed watercourses, ponds, lakes, or other bodies of water;

•

Location, size, and common name of any existing trees or shrubs that are to be preserved;

•

Location of all landscaping and landscaping materials that are proposed for the site, including any trees, shrubs, ground cover, ornamental grasses, and flower beds, identifying thereon the name and type of each such tree, shrub, ground cover, or ornamental grass;

•

Location of any existing or proposed signs, walls, fences, berms (at one-foot contour intervals), site furniture, lights, fountains, and sculptures;

•

Location of all property lines;

•

Location of all curb lines for existing and proposed streets, alleys, and parking lots;

•

Location of all sidewalks, existing or proposed for the site, or that currently adjoin the site;

•

Comprehensive plant list that describes the common name, quantity, and size for each proposed plant that is shown or described in the landscaping plan;

•

Such other additional information as may be required by the city's designated representative to adequately review the landscaping plan.

(2)

Alternative compliance procedure. The landscaping plan must clearly indicate on the face thereof that the landscaping plan is being submitted under the alternative compliance procedures of this section, or the landscaping plan will be reviewed for compliance with the primary landscaping requirements.

(3)

Installation of landscaping. All landscape plans must be approved as provided in this section prior to the installation of the landscaping or landscaping materials.

(i)

Variances. Variances as described in this subsection may be permitted by the city's zoning board of appeals in appropriate cases, subject to the legislative intent specified in this chapter 106, and the standards established by this chapter 106.

In addition to any power herein granted to the city's zoning board of appeals, the city council reserves and retains the power to determine and vary by ordinance the application to the landscaping and screening regulations herein contained in harmony with their general purpose and intent in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations.

(Ord. No. 19-04-10, § 1, 4-22-2019)

(a)

Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the dispensing of adult-use cannabis occurring within the corporate limits of the City of Chillicothe. Such facilities shall comply with all regulations provided in the 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.

(b)

Permitted as special use. Adult-use cannabis dispensing organizations shall be permitted in the C-1, C-2, C-3, CB-1, I-1, I-2 and I-P zoning districts only upon approval by the city council after a hearing before the city plan commission as set forth in section 106-135, special uses, of the City Code.

(c)

Defined. For purposes of this section 106-290, "adult-use cannabis dispensing organization" shall mean a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

(d)

Application. Applications for approval of a special use permit for an adult-use cannabis dispensing organization shall include the name, address, telephone number, email address and signature of the applicant (and the property owner, if other than the applicant), the payment of the application fee set forth in section 42-106 of the City Code, the legal description of the property proposed for the adult-use cannabis dispensing organization and such other information as the city shall require. The application fee shall be paid in full at the time of filing of the application. The fee shall be paid in cash or by money order or cashier's check, and no other method of payment will be accepted. The fee shall be prorated per day for that portion of the year for which the special use permit is issued. Upon issuance of a special use permit, the excess amount paid over the prorated amount due shall be refunded.

(e)

Minimum requirements. Any adult-use cannabis dispensing organization shall comply with the following minimum requirements:

• Property line of facility may not be located within 500 feet of the property line of a pre-existing church, public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Vocational/trade centers shall not be classified as a public or private school for purposes of this section.

• Facility may not be located in a dwelling unit.

• At least 75 percent 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.

• Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

• For purposes of determining required parking, said facilities shall be classified as "other retail establishments" per section 106-312 (Off-Street Parking Facilities) of the City Code, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through this section.

• Petitioner shall file an affidavit with the city affirming compliance with this section as provided herein and all other requirements of the Act.

The requirements set forth above are intended to be minimum requirements, and this section shall not be construed to prevent the city from imposing additional requirements for approval, nor shall it be construed to require the city to approve any adult-use cannabis dispensing organization when all of the minimum requirements are met.

(f)

Maximum number. The maximum number of special use permits that may be issued for adult-use cannabis dispensing organizations shall be two.

(g)

Duration and renewal. All special use permits issued pursuant to this section shall be for a term not to exceed one year, expiring on the fourth Tuesday of May of each year. All applications for the renewal of a special use permit issued under this section shall be made in writing. In addition to the application for renewal, the permittee shall submit an affidavit stating that the information and statements contained in the original application have not changed and that the adult-use cannabis dispensing organization has been operated in accordance with all applicable laws, ordinances and regulations. Upon such affidavit being filed, the special use permit may be renewed without the filing of a full application. An application fee shall be due as set forth in section 42-106 of the City Code. The application fee shall be paid at the time of filing of the application. The fee shall be paid in cash or by money order or cashier's check, and no other method of payment will be accepted. No public hearing shall be required for renewal of a special use permit pursuant to this section. A special use permit issued under this section is a privilege and not a right, and is subject to non-renewal at the discretion of the city. The city shall not refuse to renew a special use permit issued under this section except after a public hearing held in the same manner as described in subsection (h) below.

(h)

Suspension or revocation.

(1)

A special use permit issued under this section shall permit the operation of an adult-use cannabis dispensing organization only on the premises described in the application and special use permit and only under the conditions and restrictions imposed in this section. Such special use permit shall not be subject to attachment, garnishment or execution, nor shall it be alienable or transferable voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such special use permit shall not descend by the laws of testate or intestate devolution, but shall cease upon the death of the permittee. A special use permit issued under this section is a privilege and not a right, and is subject to revocation and suspension as set forth herein.

(2)

The city may revoke or suspend any special use permit upon a determination that the permittee has violated any of the provisions of the Act, the City Code or any other applicable law, ordinance or regulation. In addition to the suspension, the city may levy a fine on the permittee for such violations. The fine imposed shall not exceed $750.00 for each violation. Each day on which a violation continues shall constitute a separate violation. No special use permit shall be so revoked or suspended and no permittee shall be fined except after a public hearing by the city with a three-day written notice to the permittee affording the permittee an opportunity to appear and defend. All such hearings shall be open to the public, and the city shall reduce all evidence to writing and shall maintain an official record of the proceedings.

(3)

If the city has reason to believe that any continued operation of an adult-use cannabis dispensing organization will immediately threaten the welfare of the community, it may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the adult-use cannabis dispensing organization closed for not more than seven days, giving the permittee an opportunity to be heard during that period.

(4)

The city shall within five days after such hearing, if it determines after such hearing that the special use permit should be revoked or suspended or that the permittee should be fined, state the reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the special use permit has been revoked, and shall serve a copy of such order within the five days upon the permittee.

(Ord. No. 19-12-37, § 2, 12-9-2019)

(a)

Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding adult-use cannabis business establishments other than dispensing organizations occurring within the corporate limits of the City of Chillicothe. Such facilities shall comply with all regulations provided in the 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.

(b)

Permitted as special use. Adult-use cannabis business establishments shall be permitted in the I-1, I-2 and I-P zoning districts only upon approval by the city council after a hearing before the city plan commission as set forth in sec. 106-135, Special uses, of the City Code.

(c)

Defined. For purposes of this sec. 106-291, the following terms shall have the meanings set forth below:

Adult-use cannabis business establishment means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization or transporting organization, but specifically excluding adult-use cannabis dispensing organizations.

Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis infuser organization, or infuser means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis processing organization, or processor means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis transporting organization, or transporter means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the community college cannabis vocational training pilot program, per the Act, as it may be amended from time-to-time, and regulations promulgated thereunder.

(d)

Application. Applications for approval of a special use permit for an adult-use cannabis business establishment shall include the name, address, telephone number, email address and signature of the applicant (and the property owner, if other than the applicant), the payment of the application fee set forth in sec. 42-106 of the City Code, the legal description of the property proposed for the adult-use cannabis business establishment and such other information as the city shall require. The application fee shall be paid in full at the time of filing of the application. The fee shall be paid in cash or by money order or cashier's check, and no other method of payment will be accepted. The fee shall be prorated per day for that portion of the year for which the special use permit is issued. Upon issuance of a special use permit, the excess amount paid over the prorated amount due shall be refunded.

(e)

Minimum requirements. Any adult-use cannabis business establishment shall comply with the following minimum requirements:

• Property line of facility may not be located within 500 feet of the property line of a pre-existing church, public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Vocational/trade centers shall not be classified as a public or private school for purposes of this section.

• Facility may not be located in a dwelling unit.

• At least 75 percent of the floor area of any tenant space occupied by an adult use cannabis business establishment shall be devoted to the activities of the adult use cannabis business establishment as authorized by the Act, and no adult use cannabis business establishment shall also sell food for consumption on the premises.

• Facility may not conduct any sales or distribution of cannabis.

• Petitioner shall file an affidavit with the city affirming compliance with this section as provided herein and all other requirements of the Act.

The requirements set forth above are intended to be minimum requirements, and this section shall not be construed to prevent the city from imposing additional requirements for approval, nor shall it be construed to require the city to approve any adult-use cannabis business establishment when all of the minimum requirements are met.

(f)

Maximum number. The maximum number of special use permits that may be issued for adult-use cannabis business establishments shall be as follows:

Adult use cannabis craft grower .....2

Adult use cannabis cultivation center .....2

Adult use cannabis infuser organization, or infuser .....2

Adult use cannabis processing organization, or processor .....2

Adult use cannabis transporting organization, or transporter .....2

(g)

Duration and renewal. All special use permits issued pursuant to this section shall be for a term not to exceed one year, expiring on the fourth Tuesday of May of each year. All applications for the renewal of a special use permit issued under this section shall be made in writing. In addition to the application for renewal, the permittee shall submit an affidavit stating that the information and statements contained in the original application have not changed and that the adult-use cannabis business establishment has been operated in accordance with all applicable laws, ordinances and regulations. Upon such affidavit being filed, the special use permit may be renewed without the filing of a full application. An application fee shall be due as set forth in sec. 42-106 of the City Code. The application fee shall be paid at the time of filing of the application. The fee shall be paid in cash or by money order or cashier's check, and no other method of payment will be accepted. No public hearing shall be required for renewal of a special use permit pursuant to this section. A special use permit issued under this section is a privilege and not a right, and is subject to non-renewal at the discretion of the city. The city shall not refuse to renew a special use permit issued under this section except after a public hearing held in the same manner as described in subsection (h) below.

(h)

Suspension or revocation.

(i)

A special use permit issued under this section shall permit the operation of an adult-use cannabis business establishment only on the premises described in the application and special use permit and only under the conditions and restrictions imposed in this section. Such special use permit shall not be subject to attachment, garnishment or execution, nor shall it be alienable or transferable voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such special use permit shall not descend by the laws of testate or intestate devolution, but shall cease upon the death of the permittee. A special use permit issued under this section is a privilege and not a right, and is subject to revocation and suspension as set forth herein.

(ii)

The city may revoke or suspend any special use permit upon a determination that the permittee has violated any of the provisions of the Act, the City Code or any other applicable law, ordinance or regulation. In addition to the suspension, the city may levy a fine on the permittee for such violations. The fine imposed shall not exceed $750.00 for each violation. Each day on which a violation continues shall constitute a separate violation. No special use permit shall be so revoked or suspended and no permittee shall be fined except after a public hearing by the city with a three-day written notice to the permittee affording the permittee an opportunity to appear and defend. All such hearings shall be open to the public, and the city shall reduce all evidence to writing and shall maintain an official record of the proceedings.

(iii)

If the city has reason to believe that any continued operation of an adult-use cannabis business establishment will immediately threaten the welfare of the community, it may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the adult-use cannabis business establishment closed for not more than seven days, giving the permittee an opportunity to be heard during that period.

(iv)

The city shall within five days after such hearing, if it determines after such hearing that the special use permit should be revoked or suspended or that the permittee should be fined, state the reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the special use permit has been revoked, and shall serve a copy of such order within the five days upon the permittee.

(Ord. No. 20-10-26, § 2, 10-12-20)

(a)

Prohibition. Fences shall be permitted in all zoning districts only in compliance with the provisions of this section.

(b)

General conditions.

(1)

Unless otherwise provided, fence height shall be measured from the established grade to the top most section of the fence. Where the grade forms a contour, the fence shall be required to maintain the same contour.

(2)

All portions of any fence must be constructed of the same or harmonious material or system. All vertical and/or horizontal supports and cross members must face the interior of the lot.

(3)

Fences shall be built and maintained by the property owner according to all other codes of the city.

(4)

Fences on corner lots must observe the sight triangle requirement of section 106-282 of this Code.

(5)

Fences shall comply with all applicable lot setback requirements of this Code.

(6)

Fences shall be permitted as required under sections 106-193.f.2.b and 106-252.b.2 for required fences in side yards in the C-3 Service District and the C-F Community Facility District that adjoint Residential Districts.

(7)

Fences shall be permitted as required under section 106-289 for fencing required at scrap, junk, salvage, reclamation, or similar yards.

(8)

The height restrictions set forth in this section shall not apply when section 18-102 of the city code, aboveground pools, or section 18-103 of the city code, belowground pools, require a fence of a height greater than the height otherwise permitted in this section; provided, however, that the height of any such fence may not exceed six feet.

(c)

Regulations for interior lots. Fences are permitted on interior lots (lots with frontage on only one street other than an alley) only as follows:

(1)

Type of fence. Only fences such as those made of aluminum, wrought iron, wood, stone, stucco, masonry, chain link or vinyl shall be permitted in front yards. Without limiting the foregoing, woven wire and permanent snow fences are specifically prohibited in front yards.

Any type of fence typically used for residential property is permitted in side or rear yards within Residential Districts.

Any type of fence typically used for commercial property is permitted in side or rear yards within all zoning districts other than Residential Districts.

(2)

Height. Fences in Residential, Commercial, I-1, I-P, Agricultural, Community Facility, Living History, and REC Districts may not exceed the following height, except that posts, pilasters and piers may extend two feet above said height limits:

(3)

Height. Fences I-2 and I-3 Districts may not exceed the following height, except that posts, pilasters and piers may extend two feet above said height limits:

The height restrictions set forth in this section shall not apply to property owned by the City of Chillicothe and used for public purposes.

(d)

Regulations for corner lots. The regulations set forth above for interior lots shall also apply to corner lots (lots with frontage on two intersecting streets) in Residential Districts. Corner side yards in Residential Districts shall be subject to the regulations for front yards.

(e)

Regulations for double frontage lots. Fences on double frontage lots (lots with frontage on two parallel streets) shall comply with the regulations for interior lots; however, if all principal structures in the same block face the same street or direction, and there is no vehicular access to the street in which the principal structure does not face, the yard adjacent to said street with no vehicular access shall be considered a rear yard.

(f)

Definition of yards. The terms "front yard", "side yard" and "corner side yard" shall have the meaning set forth in section 106-1 of this Code. The term "rear yard", for purposes of this section 106-169, shall mean an open, unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear lot line of the lot and the rear line of the building projected to the side lines of the lot, or the centerline of the alley, if there be an alley, and the rear line of the building; provided, however, that on corner lots, any portion of a rear yard that also qualifies as a corner side yard shall be considered a corner side yard and not a rear yard. When a building on a lot has an offset rear line, the projection of the rear lot line to the sides of the lot shall, on each side of the building, run from the rear of the building on each side to the corresponding side lot line.

(Ord. No. 20-03-05, § 2, 3-9-2020; Ord. No. 20-10-26, § 2, 10-12-2020; Ord. No. 25-06-10, § 3, 6-10-2025)

Editor's note— Section 106-291 has been renumbered as § 106-292, at the discretion of the editor to better facilitate inclusion of Ord. No. 20-10-26, § 2, adopted 10-12-2020 as § 106-291.

(a)

Defined. For purposes of this section, "ground-mounted solar energy system" shall mean a solar energy system, as defined in 30 ILCS 725/1.2, that is directly installed into the ground or otherwise affixed or mounted into the ground and is not attached or affixed to the roof of existing. permanent residence or building.

(b)

Purpose. The purpose of this section and the guidelines and regulations included herein is to provide a uniform and comprehensive set of standards for the installation and use of personal ground-mounted solar energy systems within the municipal boundaries. The intent of these regulations is to protect the public health, safety, and community welfare without unreasonably restricting the lawful installation, use, and maintenance of ground-mounted solar energy systems.

(c)

Nonconforming structures and nonconforming uses. A ground-mounted solar energy system shall not be installed on any property containing a nonconforming structure or where the property use is considered a nonconforming use.

(d)

Residential districts. Subject to the guidelines and regulations set forth in subparagraph (f) below, ground-mounted solar energy systems are permitted as a special use within all residential districts when the principal or primary structure on the property is a municipal, state, or federal administrative or service building, a nursery, a public library, a public museum, a public art gallery, or a public, parochial, or private school.

(e)

Commercial districts, industrial districts, agricultural districts, community facility districts, living history farm and museums districts, and recreational districts. With the exception of the CB-I Central Business District, wherein ground-mounted solar energy systems are prohibited. ground-mounted solar energy systems are permitted as a special use within all commercial districts, industrial districts, agricultural districts, community facility districts, living history farm and museums districts, and recreational districts in accordance with, and subject to, the guidelines and regulations set forth in subparagraph (f) below.

(f)

Requirements. Ground-mounted solar energy systems shall be subject to the requirements of this Code and the requirements and guidelines included in this section unless otherwise stated herein:

(1)

All applicable laws, statutes, regulations, and ordinances shall be followed.

(2)

Use. The ground-mounted solar energy system shall provide electricity for on-site use by the owner. This does not prohibit an owner from making excess power available for net metering.

(3)

Approved solar components. Ground-mounted solar energy system components must have an underwriters laboratory (UL) listing or approved equivalent.

(4)

Reflection angles. Reflection angles for ground-mounted solar energy systems shall be oriented such that they do not project glare onto adjacent properties or streets or create dangerous or hazardous conditions.

(5)

Visibility. Whenever possible, ground-mounted solar energy systems shall be located in such a manner as to reasonably minimize view blockage for surrounding properties, shading of adjacent properties, and visibility from public rights-of-way while still providing adequate solar access for the array, collector, or system.

(6)

Utility notification. All grid-integrated solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.

(7)

Ground-mounted solar energy systems shall only be installed on properties containing a primary or principal structure. The primary of principal structure shall be completed prior to installation of a ground-mounted solar energy system and said principal structure shall be occupied.

(8)

Lot size. Ground-mounted solar energy systems shall only be installed on lots of at least a half-acre.

(9)

Front yard. Ground-mounted solar energy systems shall not be installed in a front yard.

(10)

Side yard. Ground-mounted solar energy systems shall not be installed in a side yard or in a corner side yard.

(11)

Rear yard. Ground-mounted solar energy systems shall only be installed in a rear yard.

(12)

Setbacks. Ground-mounted solar energy systems shall be installed a minimum of 10 feet from all property lines and a minimum of 10 feet from any primary structure.

(13)

Easements. Ground-mounted solar energy systems shall be installed a minimum of three feet from any easement.

(14)

Array. Ground-mounted solar energy systems shall only consist of one array. For purposes of this section an array shall be considered a contiguous and connected series of solar energy panels or collectors.

(15)

Height. Ground-mounted solar energy systems shall not be greater than 15 feet at maximum tilt of the solar panel(s).

(16)

Coverage. Ground-mounted solar energy systems shall not exceed half the building footprint of the principal structure.

(17)

Decommission plan. A property owner shall submit a decommission plan with the permit application. A decommissioning plan must be approved prior to the issuance of a permit.

(18)

Fence. All ground-mounted solar energy systems shall be contained within a solid fenced area of at least six feet in height and otherwise consistent with the applicable fence regulations for the zone.

(19)

Storage. No personal property or objects of any kind shall be installed, placed, or stored under a ground-mounted solar energy system.

(20)

Transitional areas and buffers. Where a ground-mounted solar energy system is to be installed in a property that abuts a property within a residential district or a property where a ground-mounted solar energy system is prohibited. a transitional buffer shall be installed between said properties in accordance with the provisions and requirements of section 106-281 and section 106-289 concerning landscaping and screening and transitional areas near district boundaries.

(21)

Application fee. All ground-mounted solar energy systems require a permit prior to initiation or construction. A permit application shall be submitted by the property owner with a permit fee. Permit fees shall be as follows:

Kilowatts based on system maximum output on the load side of the inverter:

(22)

Variance. If any of these specifications cannot be met, a variance must be applied for and obtained prior to installation.

(Ord. No. 23-12-22, § 2(Exh. A), 12-11-2023)

(a)

Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding bodywork establishments within the corporate limits of the City of Chillicothe. Such establishments shall comply with all regulations provided in the Act, as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event the Act is amended, the more restrictive of the state or local regulations shall apply.

(b)

Definitions. For purposes of the Code and this section, the following words and phrases shall have the meanings ascribed to them in this subsection.

Act means the Illinois Massage License Act (225 ILCS 57/1 et seq.).

Advertise means the issuance of any card, sign, or device to any person; the causing, permitting, or allowing of any sign or marking on or in any building, vehicle, or structure; advertising in any newspaper, magazine, television, radio, internet streaming, blog, chat room, website or social media; any listing or advertising in any directory; or commercials broadcast by any means and any similar or equivalent communications of a person, business or establishment.

Applicant means any person or entity seeking a bodywork establishment license. If the applicant is a sole proprietorship, the information sought to be provided shall be for the individual owner; if a partnership, by each general and each limited partner; if a joint venture, by each joint venturer; if a corporation, by each officer and director, and unless the corporation's stock is publicly traded, by each shareholder owning or holding more than five percent of the outstanding stock in said corporation; if a limited liability company, by each manager and by each member owning or holding more than a five percent membership interest; if an entity is made up of one or more subentities, then the foregoing information shall be provided for each subentity. It shall also include the business manager or other person principally in charge of the operation of the business.

Bodywork establishment means any commercial, fixed place of business where any person, firm, association, or corporation advertises, offers, engages in or carries on, or permits to be offered, engaged in or carried on, massage or bodywork services to patrons in exchange for compensation.

Bodywork or bodywork services means any method of applying pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, touching or stimulating, the external parts of the body, by another individual, with the hands, any body part, or with the aid of any mechanical or electrical apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powders, creams, lotions, ointments or similar preparations, for compensation. The definition of bodywork for purposes of this chapter is intentionally not the same and is broader than the definition of massage in the act, and is intended to cover massage, bodywork services provided by bodywork practitioners, and similar services that fit the definition, regardless of what the services or the person providing the services is called, unless expressly excluded by this section.

Bodywork provider means any person who provides bodywork services, including licensed massage therapists.

Compensation means the payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value.

Conviction means a plea of guilty or nolo contendere, finding of guilty, stipulation to such a finding, jury verdict or entry of judgment by sentencing of any crime, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge or first offender probation under the laws of any jurisdiction of the United States.

Employee means any person over 18 years of age who renders any service in connection with operation of a bodywork establishment and receives compensation from the owner or operation of the establishment or from its patrons.

Licensee means the owner and/or operator of a bodywork establishment.

Massage or massage services or massage therapy means as provided in the act, a system of structured palpation or movement of the soft tissue of the body. The system may include, but is not limited to, techniques such as eftleurage or stroking and gliding, petrissage or kneading, tapotement or percussion, friction, vibration, compression, and stretching activities as they pertain to massage therapy. These techniques may be applied by a licensed massage therapist with or without the aid of lubricants, salt or herbal preparations, hydromassage, thermal massage, or a massage device that mimics or enhances the actions possible by human hands. The purpose of the practice of massage, as licensed under this section, is to enhance the general health and well-being of the mind and body of the patron. "Massage" does not include the diagnosis of a specific pathology. "Massage" does not include those acts of physical therapy or therapeutic or corrective measures that are permitted and licensed by the Illinois Occupational Therapy Practices Act, 335 ILCS 75/1 et seq.; the Illinois Physical Therapy Act, 225 ILCS 90/1 et seq.; the Medical Practice Act, 225 ILCS 60/1 et seq.; or the Illinois Naprapathic Practices Act, 225 ILCS 63/1 et seq.

Massage therapist means any person who is licensed under the Act and administers massage for compensation.

Owner means an individual, if a sole proprietorship, or any of the following individuals who have a five percent or more interest in a business and/or are entitled to share in five percent or more of the profits of the business, including, but not necessarily limited to, general partners, shareholders and members, and including the individuals who have any ownership interest in any partnership, corporation, LLC or other entity that is a partner, member or shareholder of the entity in which name a business is conducted. An owner is intended to mean individuals, only, and if a business is owned by another entity, the owners for that business, for purposes of this chapter, mean the ultimate individuals who are the owners; if a business has successive entities in ownership, the owners for purposes of this chapter shall be the individuals at the end of the chain of ownership.

Patron means any person who receives bodywork services under such circumstances that are reasonably expected that he or she would pay money or give any other form of compensation therefor.

Permit means for purposes of this section, a person permits something if the person knows or by due diligence should have known of the conduct and does not stop or prevent the conduct from happening.

Person means any individual, partnership, firm, association, limited liability company, joint stock company, corporation or combination of individuals of whatever form or character.

Recognized school means any school or educational institution licensed to do business as a school or educational institution in the state in which it is located, or any school recognized by or approved by or affiliated with the American Massage Therapy Association, the National Certification Board for Therapeutic Massage and Bodywork, or the Federation of State Massage Therapy Boards, and which has for its purpose the teaching of the theory, method, profession, or work of massage, which school requires a resident course of study before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning following the successful completion of such course of study or learning.

Sexual or genital area means the male or female genitals, pubic area, anus, or perineum of any person, or the vulva or breasts of a female.

(c)

Bodywork establishment license required. No person shall advertise, offer, engage in, conduct, or carry on or permit to be advertised, offered, engaged in, conducted or carried on, bodywork services in any establishment, or provide bodywork in return for compensation in any establishment in the city without having first obtained a bodywork establishment license issued by the city pursuant to the provisions of this section for each and every premises used for conducting or providing bodywork services for compensation, with the exception of the following:

(1)

Physicians, surgeons, chiropractors, osteopaths, podiatrists, naprapaths, occupational therapists or physical therapists who are duly licensed to practice their respective professions pursuant to the Illinois Occupational Therapy Practices Act, 335 ILCS 75/1 et seq.; the Illinois Physical Therapy Act, 225 ILCS 90/1 et seq.; the Medical Practice Act, 225 ILCS 60/1 et seq.; or the Illinois Naprapathic Practices Act, 225 ILCS 63/1 et seq. and the licensed massage therapists, state-licensed physician assistants, practical nurses, and registered nurses acting under their supervision.

(2)

Athletic trainers for any athletic program of a private or public school, college, or university or for any athletic team regularly organized and engaging in competition.

(3)

Barbers, estheticians, and cosmetologists who are duly licensed under the laws of Illinois, except that this exemption shall apply solely to the massaging of the neck, back, face, scalp, hair, hands, and feet of the patron for cosmetic or beautifying purposes, and provided that these services are provided to patrons who are fully clothed.

(4)

Hospitals, sanitariums, nursing homes, assisted living facilities, home health agencies, hospice programs, and other such programs defined and licensed pursuant to state or federal law.

(5)

Bodywork provided by massage therapy students enrolled in a recognized school during the course of clinical extemships, practicums, or community services, provided that such bodywork services are part of the curricular requirements of the recognized school and for which no compensation is received.

(6)

Cosmetology, esthetics, hair braiding, nail technology salons, and barber shops registered with the State of Illinois pursuant to 225 ILCS 410 et seq., provided the salon/shop can provide proof of a valid, current certificate of registration from the Illinois Department of Professional Regulation for the location at which massages are being performed and proof, in a form acceptable to the city, that the salon or shop employs a minimum of 10 full-time employees ("FTE"), unless the salon or shop owner can demonstrate with clear and convincing evidence when the exemption is requested annually that the failure to meet the 10 FTE criteria was temporary and due to a disaster, pandemic or other act of God. Proof of employment may be established by, but is not limited to, W-2 forms issued to employees for the prior year; state issued identification possessed by employees who are observed working within the business; tax returns, tax information or tax filings of the salon or shop owner seeking the exemption. This exemption must be sought by the salon or shop owner on an annual basis.

(d)

Application procedure/or a bodywork establishment license. Every applicant for a license to maintain, operate, or conduct a bodyworks establishment shall file an application with the mayor or his or her designee upon a form provided by the city.

The mayor or his or her designee shall within 10 business days of the receipt of an application for a bodyworks establishment license, forward copies of such application to the zoning officer, the police department, and the city building inspector. These departments and/or individuals shall, within 30 days after receipt of a copy of the application, review and process the application information, as is appropriate relative to each respective department, and make written recommendations to the mayor or his or her designee concerning compliance with the codes, laws, and ordinances that said departments and/or individuals administer.

Within 30 days of receipt of the recommendations of the aforesaid departments and/or individuals, the mayor or his or her designee shall notify the applicant that the application is granted, denied, or being held for further investigation. The period of such additional investigation shall not exceed an additional 30 days unless otherwise agreed to by the applicant. Upon the conclusion of such additional investigation, if any, the mayor or his or her designee shall advise the applicant in writing whether the application is granted or denied.

Whenever an application is denied, or held for further investigation, the head of the department and/or individual requesting said denial or further investigation shall advise the applicant in writing of the reasons for such action.

The decision of the zoning officer, the police department, or the city building inspector with regard to the denial of any license under this section shall be reviewable by the Chillicothe Judicial Committee, or in the absence of such a committee the mayor or his or her designee, upon the written request of the applicant filed with the mayor or his or her designee within 10 business days of such denial. The Chillicothe Judicial Committee shall review evidence previously submitted to the city, the reports of the various department heads and/or individuals, and any additional evidence presented with the written request for review. The decision of the Chillicothe Judicial Committee upon such review shall be a final and appealable order.

The failure or refusal of the applicant to promptly give any information relevant to the investigation of the application, or the submission of false, misleading, or incomplete information on the application, or the refusal or failure of applicant to appear at any reasonable time and place for examination under oath regarding said application, or the refusal of applicant, to submit to or cooperate with any inspection required under this Code, shall be grounds for denial of the application.

(e)

Application for a bodywork establishment license. An application shall be filed for every bodywork establishment in the city that is required to obtain a license in the form provided by the city made under oath with the payment of a nonrefundable annual license fee, as set forth in subsection (g)(3) and (4) of this section.

(1)

Business. The application shall include the following information and documentation:

a.

The name of the business, all assumed names under which the business is to be conducted and the employer identification number of the business providing bodywork services.

b.

The federal employer identification number (FEIN) and the State of Illinois business tax number (IBT) of the business.

c.

The type of entity, i.e. sole proprietorship, partnership, corporation, LLC, etc.

d.

A copy of the records that establish the current the current ownership of any interest in the business of five percent or greater (such as partners, shareholders, members, and if the legal owner of the business is an entity, a copy of the records that establish the individual owners of the ownership entity, and so on until the records establishing the individual owners at the end of the chain of ownership are established).

e.

A copy of the business records that establish the persons with current management authority (such as officers, members, managers, general partners, etc.) and supervisory authority.

f.

Proof that the business and all underlying entities with ownership interest of five percent or more is in good standing with the State of Illinois (or other state or country) if the business is chartered by the state (such as for corporations, LLCs, limited partnerships, etc.) or other state or country.

g.

Street addresses and names under which all of the record owners identified pursuant to subsection (e)(1)a. of this section have operated any existing or prior business(es) owned or operated within the last five years under the same business entity or entities or any of the owners of the business for which the application is being filed.

h.

A description of the services to be provided on the premises and whether any bodywork services provided or to be provided as defined in this chapter are a primary or ancillary activity that will take place on the premises. Bodywork services are the primary business if 50 percent or greater of the revenue generated from sales of service or products on the premises are derived from bodywork services.

i.

All telephone numbers, websites, and internet addresses of the business and a sample copy of the advertising of the bodywork services being provided.

j.

A statement whether the business or any affiliated or predecessor business has ever had a business license of any kind denied, suspended, or revoked and the reasons therefor and the business activity or occupation of the applicant subsequent to each suspension, revocation, or denial.

(2)

Premises. The application shall include the following information and documentation for the premises for which a bodywork license is sought:

a.

The street address, mailing address (if different), and all telephone numbers for the business where the bodywork services are or will be conducted.

b.

If the premises is leased:

1.

A copy of the lease, and any subleases, assignments, and acceptances of such subleases or assignments in effect.

2.

The name, address, and phone number of the owner of the premises.

3.

The name, address, and phone number of the tenant of the premises, if the tenant is other than the applicant or the business that is or will be operating in the premises in which bodywork services will be provided.

4.

The name, address, and phone number of the landlord of the premises, if the landlord is other than the owner of the premises in which the bodywork services will be provided.

5.

Signed authorization by the owner, landlord, and/or tenant of the premises for the application to be filed, acknowledging that the owner, landlord, and/or tenant has a copy of the application to be filed, has read the contents of it and agrees with the representations to be made by the owner and/or landlord.

c.

A drawing or floor plan of the premises designating each room by its purpose and the activity that will take place in each room.

(3)

Business owners and supervisors. The applications shall include the following information and documentation of the business owners, and all directors, officers, managers, and persons with supervisory authority:

a.

Name, gender, residential address, and phone number(s), facsimile number(s), e-mail address(es), and other contact information.

b.

Date of birth, place of birth, driver's license number, and social security number.

c.

The previous two residential addresses.

d.

Photo identification issued by the federal or state government, or a subdivision or agency thereof.

e.

A complete list of any aliases.

f.

The business, occupation, and employment history for the past three years.

g.

A statement whether the owners or any directors, officers, managers, or persons with supervisory authority have ever owned, been involved with, or worked for a business that has had a business license of any kind denied, suspended, or revoked, and the reasons therefor.

h.

A statement whether the owner or any director, officer, manager, person with supervisory authority, and/or any person who has performed or will perform bodywork services to the applicant's knowledge has ever been convicted of a crime, other than misdemeanor traffic violations, including the dates of convictions, nature of the crimes, and place convicted, including, but not limited to:

1.

Any felony; and

2.

Any misdemeanor, or local ordinance or code violation an essential element of which is:

i.

Dishonesty,

ii.

Illicit drugs,

iii.

Sexual offenses as defined in 720 ILCS 5/11-1 et seq.,

iv.

The use of violence or force, or that is directly related to the practice of the massage or bodywork or operation of a bodywork establishment.

i.

Proof that the owners and any directors, officers, managers, or persons with supervisory authority are at least 18 years of age.

j.

Authorization for the police to conduct criminal background checks and take fingerprints for all owners and employees with supervisory authority. If the applicant can produce proof of a current massage therapy license by the State of Illinois for any owner or employee, then the background check and fingerprints are not required.

k.

The name and address of any other business currently owned or operated by any owner, director, officer, manager, or person with supervisory authority.

(4)

Business employees and agents. The applications shall include the following information and documentation of the employees and independent contractors or agents that have been or are intended to be employed to provide massage or bodywork services:

a.

The names, residential addresses, and phone numbers.

b.

Photo identification issued by the federal or state government, or a subdivision or agency thereof.

c.

A copy of the state issued massage therapy licenses or state or national licenses of certifications by which authority the persons may perform the massage or bodywork or proof of exemption from the requirement of licensing or certification under Section 25 of the Act.

d.

A description of the type of bodywork approach or modality that will be practiced by each employee and each independent contractor or agent who is or will be performing bodywork in the premises.

e.

Signed consents to fingerprinting and criminal background checks. If the applicant can produce proof of a current massage therapy license by the State of Illinois for any employee or independent contractors or agents, then the criminal background check and fingerprints are not required.

If a change in any information required under this section occurs at any time during a license period, the licensee shall file a statement, executed in the same manner as the application, indicating the nature and effective date of the change. The supplemental statement shall be filed within 10 days after the change takes effect.

(f)

Issuance of a bodywork establishment license. No license shall be issued under this section if the city shall find:

(1)

That the operation of the bodywork establishment, as proposed by the applicant, would not comply with the applicable laws of the State of Illinois and the City of Chillicothe, including, but not limited to the planning, housing, building, zoning, and fire codes of the City of Chillicothe; or

(2)

That the applicant and/or any other person who will be directly or indirectly engaged in the management and operation of a bodywork establishment has been convicted or pled guilty to:

a.

A felony that occurred within five years prior to the date of application, or of any misdemeanor, an essential element of which is:

1.

Dishonesty,

2.

Illicit drugs,

3.

Sexual offenses as defined in 720 ILCS 5/1l-l et seq.,

4.

The use of violence or force, or that is directly related to the practice of the massage or bodywork or operation of a bodywork establishment.

b.

An offense involving sexual misconduct with children.

c.

Prostitution, soliciting for a prostitute, pimping, or other offenses opposed to decency and morality.

d.

A violation of any provision of this section.

(3)

That the applicant has knowingly made false, misleading, or fraudulent statements of fact in the license application or in any document required by the city in conjunction with the license application or has knowingly withheld material information.

(4)

That the operation of the bodywork establishment as proposed by the applicant would violate the provisions of this section.

(g)

Terms of license, fees, and license renewal.

(l)

The term for licenses issued under this section is for one year beginning July 1 and ending on June 30.

(2)

All license fees shall be paid at the time application is made. All applicable license fees and other required fees, including costs of fingerprinting, shall be paid prior to the issuance of any license.

(3)

The initial license application fee for a bodywork establishment shall be as follows:

a.

Two hundred fifty dollars for establishments for which bodywork is the primary service being provided.

b.

One hundred dollars for establishments for which bodywork is not the primary service being provided.

c.

The actual cost of fingerprinting and backgrounds checks (except that licensed massage therapists shall be excluded from this requirement due to fingerprinting done at the state as a condition of the state license).

(4)

The annual license renewal fee for a bodywork establishment shall be as follows:

a.

One hundred dollars for establishments for which bodywork is the primary service being provided.

b.

Fifty dollars for establishments for which bodywork is not the primary service being provided.

(h)

Display and transfer of license. Every licensee shall display a valid permit in a conspicuous place within the bodywork establishment so that the same may be readily seen by patrons entering the premises. No permit for the operation of a bodywork establishment shall be transferable.

(i)

Sale or transfer of establishment. Upon the sale, transfer or relocation of a bodywork establishment, the license therefor shall become immediately null and void, and a new license shall be required if a successor bodywork establishment is intended in the same location. Upon the death or incapacity of the licensee or any colicensee of the bodywork establishment, any heir or beneficiary of a deceased licensee, or any guardian of an heir or beneficiary of a deceased licensee, may continue the business of the bodywork establishment for a reasonable period of time not to exceed 60 days to allow for the approval of a new license.

(j)

Sanitation and safety requirements. No bodywork establishment shall receive a license or be operated, established, or maintained unless the establishment shall comply with each of the following minimum regulations:

(1)

Every portion of the bodywork establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition.

(2)

All massage or bodywork tables, bathtubs, shower stalls, steam or bath areas, lavatories, and floors shall have surfaces which may be readily disinfected, shall be in good repair, and maintained in a clean and sanitary condition.

(3)

Toilet facilities shall be provided within the bodywork establishment and otherwise comply with occupancy requirements. Lavatories shall provide both hot and cold running water and shall be installed in the toilet room. Lavatories shall be provided with soap and a dispenser and with sanitary towels.

(4)

Clean, laundered sheets and towels in sufficient quantity shall be laundered after each use thereof. Closed cabinets shall be provided and used for the storage of clean linens, towels, and other materials used in administering massages. All soiled linens, towels, and other materials shall be kept in properly covered containers or cabinets, which container or cabinets shall be kept separate from the clean storage area.

(5)

The city inspector shall certify that the proposed bodywork establishment complies with all requirements of this subsection (j) and that the premises meets all applicable codes and ordinances of the city relating to building, zoning, and fire safety. Said certification shall be filed with the mayor or his or her designee.

(k)

Operating requirements. All licensees engaged in the business of bodywork establishments shall abide by the following requirements:

(1)

Supervision. The premises of the bodywork establishment shall be supervised at all times when open for business. Any establishment providing massage services shall have at least one person who is a licensed massage therapist on the premises at all times while the establishment is open. The licensee shall personally supervise the business, or shall delegate such supervisory responsibility to a manager whose name is listed on the bodywork business license and shall not violate, or permit others to violate, any applicable provisions of this section. The violation of any provision of this section by any agent or employee of the licensee shall constitute a violation by the licensee.

(2)

Sanitary conditions. Every portion of the bodywork establishment, including appliances and apparatus, shall be kept clean and operated in a sanitary condition as required by subsection (i) of this section.

(3)

Employee dress code. All bodywork establishments shall require their employees, agents, and independent contractors to wear clean, nontranspar-ent outer garments covering the sexual and genital areas while on the premises and no bodywork establishment shall allow its employees, agents, and independent contractors to disrobe, or offer or agree to disrobe, either wholly while in the presence of an individual receiving bodywork services. Any such failure to be or remain clothed, or offer or agree to disrobe, is a violation of this article for which the licensee is strictly liable for purposes of license revocation and suspension.

(4)

Separate license/or each premises. Licenses shall apply only to the premises described in the application, and the license issued thereon, and only one location shall be so described in each license.

(5)

Transfer of license. A license shall be a purely personal privilege, effective for a period not to exceed one year after issuance unless sooner revoked as provided in this chapter, and shall not constitute a property interest. No bodywork establishment license is transferable, separate or divisible, and such authority as license confers shall be conferred only on the licensee named therein.

(6)

Minors. No establishment or person licensed under the provisions of this chapter shall permit any person under the age of 18 to be employed in any capacity performing bodywork or bodywork services. Persons under the age of 18 may be employed by the bodywork establishment in positions that do not require physical contact with the patrons, including, but not limited to administrative, clerical, janitorial, or maintenance positions. Persons under the age of 18 may patronize the establishment only with the presence of their parent or legal guardian.

(7)

Alcoholic beverages prohibited. No person shall sell, give, dispense, provide, keep, possess, or consume, or cause to be sold, given, dispensed, provided, kept, possessed, or consumed, any alcoholic beverage on the premises of any bodywork establishment without a valid liquor license, and no liquor shall be sold, offered or consumed in the rooms in which bodywork services are performed unless the room is open to the public. No licensee, manager, or person in charge of a bodywork establishment shall permit a person impaired by intoxicating liquor or drugs to enter or remain in a bodywork establishment, or to provide or receive bodywork services.

(8)

Solicitations prohibited.

a.

No bodywork establishment or person in connection therewith shall place, publish or distribute, or cause to be placed, published or distributed, any advertisement, picture, or statement in any manner and in any medium of advertisement which is known to be false, deceptive or misleading in order to induce any person to purchase or utilize any bodywork services, or which reasonably appears to suggest or imply any sexual activity in connection with bodywork or other services or which appear on any adult website or website or other platform that is known to advertise pornographic, sexual or similar services or products.

b.

No bodywork establishment shall allow its employees, agents, and independent contractors to touch, or offer or agree to touch, the sexual or genital area of any person while on its premises and any such touching, offer or agreement is a violation of this article for which the licensee is strictly liable for purposes of license revocation and suspension; provided, however, that clinical massage therapy for post-mastectomy scar tissue, including myofascial release therapy, or of therapeutic treatment of breast tissue and muscles for pre-and post-surgical mastectomy, lumpectomy, or breast reconstruction, clinical perineal massage therapy for pregnant women to ease the pain of childbirth; or clinical lower abdominal massage therapy to relieve menstruation related pain are not prohibited.

c.

Every bodywork establishment shall provide prospective customers with written notice stating:

State law prohibits soliciting another for the purpose of a sexual act. Solicitation can be punishable as a class 4 felony, subjecting an offender to fines and imprisonment, and impoundment of any vehicle used by the offender to commit the offense. We immediately report all offers or requests to buy sexual services to law enforcement.

d.

Every bodywork establishment shall post, in a conspicuous location accessible to all employees, written notice stating:

State law prohibits soliciting another for the purpose of a sexual act. Solicitation can be punishable as a class 4 felony, subjecting an offender to fines and imprisonment, and impoundment of any vehicle used by the offender to commit the offense. You can report all offers or requests to buy sexual services to law enforcement by contacting the Peoria police department at (309) 494-8370 or by calling 911.

(l)

Hours of operation. No portion of any business premises used in any way for or by a bodywork establishment shall be kept open for any purpose between the hours of 10:00 p.m. and 6:00 a.m. of the following day.

(m)

Residence prohibited. No one shall reside in the bodywork establishment, and no one shall be allowed to remain overnight in the bodywork establishment premises. This prohibition is not intended to prohibit anyone from living in a separate portion of a commercial building that is zoned and authorized for residential use or from conducting bodywork services out of private residential property that is zoned for residential use and is being used in compliance with zoning laws.

(n)

Visibility. All bodywork establishments are required to have and maintain clear glass, which is not painted over, darkened or blocked by any cloth or obstruction at the entrance to such establishment so that the front area where patrons are greeted is clearly visible from the outside. Any bodywork establishment located in a facility that does not comply with this requirement is to notify the mayor or his or her designee in writing.

(o)

Business records. All licensees shall maintain, as a business record of the licensed bodywork establishment, a record of (i) the date and time of all bodywork services at the premises; (ii) the person giving such services, (iii) the amounts received for such services. The record of the date, time and service provider must be made before services are initiated and the record of the amount received must be made at the time the payment is made. Such a record for the past year's services shall be available at the premises, in a format that can be inspected at any reasonable time upon request by the mayor or his or her designee.

(p)

Employment of licensed massage therapist.

(1)

Bodywork establishments may not employ or contract with any person as a massage therapist who does not hold a current, valid licensed issued by the Illinois Department of Financial and Professional Regulation, as required by the Massage Licensing Act, 225 ILCS 57/1 et seq.

(2)

Each bodywork establishment shall maintain a current listing of all licensed massage therapists who perform massage services at the site of the establishment and proof of their valid and current Illinois licensure in the form of (i) a copy of the massage therapist license issued by the Illinois Department of Financial and Professional Regulation and (ii) a copy of a state-issued photo identification for each massage therapist licensee.

The massage therapist must allow inspection of such records at any reasonable time upon request by the city.

(3)

No licensee may allow a non-licensed massage therapist to perform massage therapy at the bodywork establishment, and no student or other unlicensed person may be permitted in a bodywork therapy room with a patron of the bodywork establishment, except where a licensed massage therapist is present in the room at all times.

(q)

Inspection. The police department or city inspector may from time to time make an inspection of each bodywork establishment granted a license under the provisions of this article for the purposes of determining that the provisions of this article are complied with. Such inspections shall be made at reasonable times and in a reasonable manner. As a condition of issuance of such license, the bodywork establishment consents to walk-through inspections by the police department or city inspector without notice, at any time during business hours. It shall be unlawful for any licensee to fail to allow such inspection officer access to the premises or to hinder such officer in any manner.

(r)

Revocation or suspension.

(1)

Any permit issued for a bodywork establishment may be revoked or suspended by the mayor or his or her designee after a hearing for good cause or in any case where any of the provisions of this article or of any criminal statute of the State of Illinois by the licensee or by any employee, partner, agent or independent contractor of the licensee while at the bodywork establishment. For purposes of bodywork establishment license revocation or suspension, the licensee shall be strictly liable for such violations, regardless of actual or constructive knowledge. It shall also be cause for revocation or suspension that the applicant has made a false statement on an application for a license under this article or that the licensee shall have violated any provisions of this Code or any of the statutes of the state or that the licensee refused to permit any duly authorized police officer or city inspector and/or county inspector to inspect the premises or the operations therein. Such permit may also be revoked or suspended by the mayor or his or her designee, after hearing upon the recommendations of the chief of police, zoning officer, or city inspector that such business is being managed, conducted, or maintained without regard for the public health or health of patrons or customers or without due regard to proper sanitation or hygiene.

(2)

Any violation of this article by any employee, partner, agent, or independent contractor of the licensee shall be cause for suspension of the license for not more than 30 days in the first instance. Any subsequent violation of this article by any employee, partner, agent, or independent contractor of the licensee shall be cause for suspension or revocation of the permit.

(3)

The mayor or his or her designee, before revoking or suspending any permit, shall give the licensee at least 10 days' written notice of the charges against the licensee and the opportunity for a hearing before the mayor or his or her designee, at which time the licensee may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing.

(4)

When any license shall have been revoked for any cause, no license shall be granted to any person for the period of two years thereafter for the conduct of a bodywork establishment in the premises described in such revoked license and no bodywork establishment license shall be granted, and any bodywork establishment license may be revoked or suspended for any other premises in the city with respect to the person whose license was revoked for cause, for the period of two years thereafter. Such prohibition, revocation or suspension shall apply also to the spouse, business partner, or any other person who holds more than a five percent ownership interest in that license.

(s)

Public nuisance. Any building used as a bodywork establishment in violation of this section with the intentional knowing, reckless, or negligent permission of the owner thereof, or the agent of the owner managing the building, together with all fixtures and other property used in violation of this article are hereby declared to be a nuisance.

(t)

Penalty. Any person who conducts a bodyworks establishment without first obtaining a license and paying a license fee to do so from the city, or who shall violate any of the provisions of this article, shall be guilty of a misdemeanor. Upon conviction or plea, such person shall be punished by a fine of not to exceed $750.00 for each violation. Each day on which a violation continues shall constitute a separate violation.

(Ord. No. 2024-03-01, § 5(Exh. D), 3-11-2024)

(a)

Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding short-term rental properties within the corporate limits of the City of Chillicothe. Such establishments shall comply with all applicable regulations provided in the city Code and this section.

(b)

Short-term rental registration required. No person shall advertise, offer, operate, maintain, rent, or lease or permit to be advertised, offered, operated, maintained, rented, or leased a short-term rental property in the city without having been granted a special use designation by the city council. All short-term rental properties granted a special use designation shall file an annual registration statement for each short-term rental property and paid all applicable fees, costs, and taxes pursuant to the provisions of this Code and section. Any such registration statements shall be prima facie proof of the statement therein contained in any administrative enforcement proceeding or court proceedings by the city against the owner or owners of the property.

(c)

Payment of applicable taxes. Short-term rental properties shall be subject to all applicable federal, state, and local taxes, including, but not limited to the hotel and motel tax set forth in shapter 86, article II of this Code. No property shall be approved for annual registration for a short-term rental property that is delinquent in payment of any tax, fine, penalty, or cost for public utilities and/or penalties assessed for the nonpayment or late payment thereof.

(d)

Registration procedure for short-term rental properties. For each fiscal year of the City of Chillicothe, every property owner granted a special use designation for a short-term rental property shall file an annual registration statement with the mayor or his or her designee upon a form provided by the city. The mayor or his or her designee shall within 15 business days of the receipt of an annual registration statement review and process the annual registration statement and advise the applicant in writing whether the registration is approved or denied. Whenever an application is denied, or held for further investigation, the mayor or his or her designee shall advise the applicant in writing of the reasons for such action. The failure or refusal of the property owner to promptly give any information relevant to the annual registration statement, or the submission of false, misleading, or incomplete information on the statement shall be grounds for denial. If a change in any information required by the annual registration statement occurs at any time during a registration period, the property owner shall file a statement, executed in the same manner as the registration statement, indicating the nature and effective date of the change. The supplemental statement shall be filed within ten days after the change takes effect.

(e)

Terms of annual registration statement, fees, and renewal.

(1)

The term for annual registration statements under this section is for one year, beginning May 1 and ending on April 30.

(2)

All fees shall be paid at the time registration is made.

(3)

The annual registration shall be $75.00.

(f)

Inspection. The police department or city inspector may from time to time make an inspection of each short-term rental property under the provisions of this section for the purposes of determining that the provisions of this section and Code are complied with. Such inspections shall be scheduled, made at reasonable times, and performed in a reasonable manner. As a condition of registration, the property owner consents to walk-through inspections by the police department or city inspector after notice.

(g)

Public nuisance. Any property used as short-term rental property in violation of this section or Code with the intentional knowing, reckless, or negligent permission of the owner, or the agent of the owner, together with all fixtures and other property used in violation of this article, are hereby declared to be a nuisance.

(Ord. No. 24-06-13, § 6, 6-10-2024)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Employees and number of employees mean the greatest number of persons to be employed in the building in question during any season of the year in any time of the day or night.

Off-street parking space means a space of 180 square feet of appropriate dimensions for the parking of an automobile, exclusive of the access drives or aisles thereto.

Seats means the seating capacity of a particular building as determined by the specifications and plans filed with the zoning enforcement officer. If individual seats are not provided, each 20 inches of benches or similar seating accommodations shall be considered as one seat for the purposes of this chapter.

(Code 1996, § 11-8-4(A))

Cross reference— Definitions generally, § 1-2.

(a)

Number of spaces. In the use of land for residential, commercial, industrial or any other purposes, no residential, commercial, industrial or any other building or structure shall be erected and no major repairs made to an existing residential, commercial, industrial or any other building or structure, unless there already is in existence upon the lot or unless provision is made for the location on the lot, concurrently with the erection or major repairs, off-street parking space on the basis of the following minimum requirements:

_____

_____

(b)

Location. The off-street parking facilities required for the uses mentioned in this chapter, and for other similar uses, shall be on the same lot or parcel of land as the structure they are intended to serve, but in case of nonresidential uses, when practical difficulties prevent their establishment upon the same lot, the required parking facilities shall be provided within 300 feet of the premises to which they are appurtenant.

(c)

Multiple use of parking areas. No part of an off-street parking area required for any building or use for the purpose of complying with the provisions of this chapter shall be included as a part of an off-street parking area similarly required for another building or use unless the type of structure indicates that the periods of usage of such structures will not be simultaneous with each other.

(d)

No building permit will be issued for any building unless the plans meet the requirements of section 18-153 of this Code and the applicable provisions of Illinois Electric Vehicle Charging Act.

(e)

Completion of required facilities. No certificate of occupancy will be issued upon completion of any building or repair operations unless and until all off-street parking requirements shown upon the plans, or made a part of the building permit, shall be in place and ready for use.

(Code 1996, § 11-8-4(B)(1), (B)(4), (B)(5), (B)(9); Ord. No. 24-09-23, §§ 2, 3, 9-9-2024)

(a)

Required number and size of spaces. On the same premises with every building devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing trade, hotels, hospitals, laundries, dry cleaning establishments or other buildings where large amounts of goods are received or shipped, erected in any district after the effective date the ordinance from which this chapter is derived, there shall be provided loading and unloading space as follows:

(1)

For buildings of 10,000 square feet of floor area, one off-street loading space is required, plus one additional off-street loading and unloading space for each additional 14,000 square feet of area.

(2)

Each loading space shall be not less than 14 feet in width and 50 feet in length.

(b)

Mixed uses. In case of mixed uses, the total requirement for off-street loading space shall be the sum of the requirements of the various uses computed separately as specified in subsection (a) of this section, and the off-street loading space for one use shall not be considered as providing the required off-street loading space for any other use.

(Code 1996, § 11-8-4(B)(2), (B)(6))

All off-street parking and off-street loading facilities required pursuant to the provisions of this chapter shall be surfaced with asphalt or bituminous cement binder pavement if treated in such a manner so as to provide a durable and dustless surface, and shall be graded and drained to dispose of all surface water. Any lighting in connection with off-street parking and off-street loading shall be so arranged as to reflect the light away from all adjoining residence buildings, zones or streets.

(Code 1996, § 11-8-4(B)(8))

In case of a use not specifically mentioned, the requirements for off-street parking or off-street loading for a use which is so mentioned, and to which such use is similar, shall apply.

(Code 1996, § 11-8-4(B)(3))

Nothing in this chapter shall be construed to prevent the joint use of off-street parking or off-street loading facilities for two or more buildings or uses, if the total of such spaces when used together shall not be less than the sum of the requirements for the various individual uses computed separately in accordance with this division.

(Code 1996, § 11-8-4(B)(7))

(a)

Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding electric vehicle charging stations located in off-street parking areas within the corporate limits of the City of Chillicothe. Such electric vehicle charging stations shall comply with all applicable regulations provided in the city Code and this section.

(b)

Compliance with minimum off-street parking space requirements and other requirements. All properties with electronic vehicle charging stations shall comply with sections 106-312 and 106-313 of the city Code and shall provide the minimum number of off-street parking spaces required in said sections. All properties with electronic vehicle charging stations shall comply with all other applicable requirements and regulations of the city Code.

(c)

Definitions. For purposes of the Code and this section, the following words and phrases shall have the meanings ascribed to them in this subsection

Electric vehicle means any vehicle that is licensed and registered on public and private highways, roads, and streets that contains original, stock equipment from the vehicle manufacturer to accept charging from an electric vehicle charging station and that operates, either partially or exclusively, on electrical energy from the grid, or an off-board source, that is stored on-board via battery for motive purpose. Electric vehicle includes: a battery powered electric vehicle operated solely by electricity and a plug-in hybrid electric vehicle that operates on electricity and gasoline and has a battery that can be recharged from an external source.

Electric vehicle charging station means an electrical component assembly or cluster of component assemblies designed specifically to charge batteries located within electric vehicles. The charging station may also contain appurtenances for the purposes of customer payment.

Electric vehicle parking space means any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.

Non-electric vehicle means any motor vehicle that does not meet the definition of electric vehicle.

(d)

Parking spaces devoted to the charging of electric vehicles shall count toward the minimum number of required off-street parking spaces.

(e)

Charging.

(1)

Electric vehicle charging stations and electric vehicle parking spaces are reserved for charging electric vehicles only.

(2)

The use of an electric vehicle parking space shall be limited to electric vehicles for no more than five hours of continuous charging per day. For purposes of this subsection, "charging" means that an electric vehicle is connected to an electric vehicle charging station.

(3)

No person shall park any non-electric vehicle in an electric vehicle parking space. A non-electric vehicle parked in an electric vehicle parking space shall be subject to a fine.

(4)

Electric vehicles may park in any space designed for public parking, subject to the same restrictions that apply to non-electric vehicles.

(f)

Permitted locations. All requests, applications, and/or permits for electric vehicle charging stations shall be subject to approval by the city council of the City of Chillicothe.

(g)

Permit fees for electric vehicle charging stations shall be consistent with section 42-18 of the city Code.

(h)

Signage for parking spaces. Electric vehicle parking spaces shall be specifically marked with signage indicating the space is to be used exclusively for electric vehicle charging purposes and that violators are subject to a fine. Said signs shall be obtained and installed at the property owner's expense.

(i)

Advertising. Advertising shall not be allowed on an electric vehicle charging station.

(j)

Protection. Barrier curbing, steel bollards, or other adequate protection shall be used to protect charging station equipment.

(k)

Accessibility. Charging station equipment shall be located so as not to interfere with accessibility requirements of the Illinois Accessibility Code and other applicable accessibility statutes, regulations, and standards.

(l)

Maintenance. Charging station equipment, bollards, and parking stalls shall be maintained by the property owner. Charging stations no longer in use shall be immediately removed.

(m)

Location. Charging stations and associated equipment are encouraged to be near landscaped areas.

(n)

Owners of charging equipment may collect a fee for the use of an electric charging station. Fees shall be displayed on the charging station.

(Ord. No. 25-03-03, § 2 (Exh. A), 3-10-2025)