Clinton City Zoning Code
CHAPTER 4
REGULATIONS FOR SPECIFIC DISTRICTS
ARTICLE D. R-2 ONE-FAMILY RESIDENTIAL DISTRICT
(Rep. by Ord. 1130, 9-15-2008)
ARTICLE E. R-3 ONE-FAMILY RESIDENTIAL DISTRICT
(Rep. by Ord. 1130, 9-15-2008)
12-4A-1: INTENT:
This zoning district is intended to allow areas of the city to be retained in agriculture use; prevent scattered nonfarm growth; preserve woodlands and wildlife areas, and retain open space in its natural state. The requirements of the district are designed so as to prevent unwarranted premature urban development from encroaching upon legitimate agricultural areas, thus disrupting the agriculture resources, environment, and economy. It is essential that development in areas which are predominantly agricultural be based on sound principles which realize the importance of such activities to the economy and welfare of the city. (Ord. 867, 11-5-2001)
12-4A-2: PRINCIPAL USES PERMITTED:
Land, buildings, and structures in this zoning district may be used for the following purposes only:
(A) Farms for both general and specialized crop farming, together with farm dwellings and buildings and other installations necessary to such farms including temporary housing for migratory workers, provided such housing and its sanitary facilities are in conformance with all requirements of the DeWitt County health department and/or any other federal, state and/or local regulating agency having jurisdiction.
(B) Greenhouses, nurseries, orchards, vineyards, apiaries, and berry farms.
(C) Riding stables, where horses are boarded and/or rented.
(D) Single-family residential dwelling units. (Ord. 867, 11-5-2001)
12-4A-3: SPECIAL USES:
The following special conditions uses shall be permitted, subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with 65 Illinois Compiled Statutes 5/11-13-1.1, Illinois state bar edition 1998, as may be amended, and further subject to the review and approval by the planning commission and city council as specified in sections 12-6-2, "Review And Approval Of Special Uses", and 12-6-1, "Review And Approval Of Site Plans", of this title:
(A) Home occupations in accordance with section 12-5-15 of this title when authorized as a special use by the planning commission. In consideration of such authorization, the planning commission shall consider the following standards:
1. The nature of the home occupation;
2. The effect of the home occupation of the surrounding neighborhoods;
3. The environmental effects of the home occupation;
4. The nature of the surrounding neighborhood;
5. Potential traffic congestion as a result of the home occupation; and
6. Provision for parking for traffic or clientele, which may result from the operation of the home occupation.
(B) Removal and processing of topsoil, sand, gravel, or other such minerals.
(C) Kennels.
(D) Roadside stands when authorized as special uses by the planning commission. In considering such authorization, the planning commission shall consider the following standards:
1. The proposed location of the roadside stand;
2. The size, nature, and character of the building and/or structure to be utilized for the roadside stand;
3. The type and kind of produce and goods to be sold at the roadside stand;
4. The proximity of the roadside stand to adjoining properties;
5. The time and/or season during which the roadside stand will operate;
6. The parking facilities provided for the roadside stand;
7. Any traffic congestion or hazards which would result from the roadside stand; and
8. The effect of the roadside stands on adjoining properties and the surrounding neighborhood.
(E) Campgrounds when authorized as a special use by the planning commission. In considering such authorization, the planning commission shall consider the following standards:
1. The location of the proposed campground in respect to whether the land is presently being utilized or is capable of being utilized or is capable of being used for the production of agricultural crops;
2. The location of the proposed campground in respect to whether it could interfere with or substantially hinder any existing or potential future farming operations or activity within the immediate area;
3. The present and future ability of the township and county to provide adequate vehicular access, public safety and other necessary public services to the proposed campgrounds;
4. Campgrounds shall not be located closer than one thousand feet (1,000') from an area zoned as an R-1 one-family residential district, R-2 one-family residential district, R-3 one-family residential district, and R-4 multiple-family residential district. (Ord. 867, 11-5-2001)
12-4A-4: REQUIRED CONDITIONS:
For all nonresidential uses allowed in the district, the setbacks shall equal the height of the main building, or the setbacks required in chapter 9 of this title, whichever is greater. (Ord. 867, 11-5-2001)
12-4A-5: AREA AND SIZE REQUIREMENTS:
See chapter 9, "Schedule Of Regulations", of this title, limiting the height and size of buildings, the minimum size of lot permitted by land use, and providing minimum yard setback requirements. (Ord. 867, 11-5-2001)
12-4B-1: INTENT:
The value to the public of certain open areas of the city is represented in their natural, undeveloped or unbuilt condition. It is recognized by this title that the principal use of certain open areas is and ought to be the development, management, and utilization of the natural resource base possessed by these areas. In order that this value be maintained and this use encouraged, this zoning district is designed to regulate the location of buildings and structures and the use of parcels and lots, in order to protect and enhance the natural resources, natural amenities, natural habitats of wildlife, watershed and reservoir areas, agricultural capabilities, public recreation areas, and the public health, safety and welfare. These regulations will reduce the hardship and financial burdens imposed upon the city by the destruction of resources, the improper and wasteful use of open land, wooded areas, and the periodic flooding and overflow of public waters. (Ord. 867, 11-5-2001)
12-4B-2: PRINCIPAL USES PERMITTED:
The following buildings and structures, and uses of parcels, lots, buildings and structures are permitted in this district:
(A) Public or private forest preserve, game refuge, golf course, park, playground, or other recreation purpose.
(B) Public and private conservation areas and structures for the development, protection and conservation of open space, watersheds, water, soil, forest, and wildlife resources.
(C) Public, parochial, and other private schools offering courses in general education, and not operated for profit.
(D) Public, municipal office buildings such as a municipal hall or public safety facility, library, or museum.
(E) The raising or growing of plants, trees, shrubs and nursery stock.
(F) Transmission and distribution lines and structures, not including buildings, of essential services, when located within an existing public or utility right of way.
(G) Publicly owned and operated parks, parkways, and recreation facilities. (Ord. 867, 11-5-2001)
12-4B-3: SPECIAL USES:
The following special conditions uses shall be permitted, subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with 65 Illinois Compiled Statutes 5/11-13-1.1, Illinois state bar edition 1998, as may be amended, and further subject to the review and approval by the planning commission and city council as specified in sections 12-6-2, "Review And Approval Of Special Uses", and 12-6-1, "Review And Approval Of Site Plans", of this title:
(A) Essential services, provided that:
1. No storage of materials, equipment, vehicles, or supplies shall be located on the premises, and
2. No personnel shall be quartered or employed on the premises, and
3. The structure shall be designed, erected, and landscaped in such a manner as to conform to the character of the surrounding area and this district.
(B) A lot may be used for general and specialized nonlivestock farming and agricultural activities including the raising or growing of crops and foodstuffs; provided that any lot that is kept vacant or as idle cropland shall be so treated as to prevent soil erosion by wind or water and so treated as to prevent excessive growth of obnoxious weeds and shrubs.
(C) One-family detached dwellings, occupied by a single family, as defined in this title.
(D) Home occupations in accordance with section 12-5-15 of this title when authorized as a special use by the planning commission. In consideration of such authorization, the planning commission shall consider the following standards:
1. The nature of the home occupation;
2. The effect of the home occupation of the surrounding neighborhoods;
3. The environmental effects of the home occupation;
4. The nature of the surrounding neighborhood;
5. Potential traffic congestion as a result of the home occupation; and
6. Provision for parking for traffic or clientele, which may result from the operation of the home occupation. (Ord. 867, 11-5-2001)
12-4B-4: AREA AND SIZE REQUIREMENTS:
See chapter 9, "Schedule Of Regulations", of this title, limiting the height and size of buildings, the minimum size of lots permitted by land use, the maximum density permitted and providing minimum yard setback requirements. (Ord. 867, 11-5-2001)
12-4C-1: INTENT:
The one-family residential districts are established as districts in which the principal use of land is for one-family dwellings. For the one-family residential districts, in promoting the general purpose of this title, the specific intent is:
(A) To encourage the construction of, and the continued use of the land for one-family dwellings.
(B) To prohibit business, commercial or industrial use of the land, and to prohibit any other use which would substantially interfere with development or continuation of one-family dwellings in the district.
(C) To encourage the discontinuance of existing uses that would not be permitted as new uses under the provisions of this title.
(D) To discourage any land use which would generate traffic on minor or local streets other than normal traffic to serve the residences on those streets.
(E) To discourage any use which, because of its character or size, would create requirements and costs for public services, such as fire and police protection, water supply and sewerage, substantially in excess of such requirements and costs if the district were developed solely for one-family dwellings. (Ord. 867, 11-5-2001)
12-4C-2: PRINCIPAL USES PERMITTED:
In a one-family residential district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this title:
(A) One-family detached dwellings, occupied by a single family, as defined in this title.
(B) Publicly owned and operated parks, parkways and recreational facilities.
(C) Cemeteries, which lawfully occupied land at the time of adoption of this title.
(D) Public, parochial and other private schools offering courses in general education and not operated for profit.
(E) Bed and breakfast operations in accordance with section 12-5-16 of this title. (Ord. 867, 11-5-2001)
(F) Two-family dwelling units. (Ord. 1130, 9-15-2008)
12-4C-3: SPECIAL USES:
The following special uses shall be permitted, subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with 65 Illinois Compiled Statutes 5/11-13-1.1, Illinois state bar edition 1998, as may be amended, and further subject to the review and approval by the planning commission and city council as specified in sections 12-6-2, "Review And Approval Of Special Uses", and 12-6-1, "Review And Approval Of Site Plans", of this title:
(A) Churches and other facilities normally incidental thereto subject to the following conditions:
1. The principal buildings on the site shall be set back from abutting properties zoned for residential use not less than fifteen feet (15').
2. Buildings of greater than the maximum height allowed in chapter 9, "Schedule Of Regulations", of this title, may be allowed provided front, side, and rear yards are increased above the minimum required yards by one foot (1') for each foot of building height that exceeds the maximum height allowed.
3. All access to the site shall be in accordance with section 12-5-17, "Access To A Major Thoroughfare Or Collector Street", of this title.
(B) Public utility buildings and uses (without storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity. Further, no building and/or structure shall be located in any required yard.
(C) Daycare centers including adult daycare use (not including dormitories); provided, that for each person so cared for, there shall be provided and maintained a minimum of one hundred fifty (150) square feet of open space. Such space shall have a total minimum area of not less than five thousand (5,000) square feet and shall be fenced and screened from any adjoining lot in any residential district.
(D) Home occupations in accordance with section 12-5-15 of this title when authorized as a special use by the planning commission. In consideration of such authorization, the planning commission shall consider the following standards:
1. The nature of the home occupation;
2. The effect of the home occupation on the surrounding neighborhoods;
3. The environmental effects of the home occupation;
4. The nature of the surrounding neighborhood;
5. Potential traffic congestion as a result of the home occupation; and
6. Provision for parking for traffic or clientele, which may result from the operation of the home occupation.
(E) Any other use, which is determined by the planning commission to be of the same general character as, and compatible with, the above permitted uses. (Ord. 867, 11-5-2001)
(F) Three-family dwelling units.
(G) General hospitals with no maximum height restrictions, when the following conditions are met:
1. All such hospitals shall be developed only on sites consisting of at least three (3) acres in area.
2. All access to the site shall be in accordance with section 12-5-17 of this title.
3. The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least fifty feet (50') for front, rear, and side yards for all two-story structures. For each story above two (2), the minimum yard distance shall be increased by at least twenty feet (20').
4. Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence six feet (6') in height. (Ord. 1130, 9-15-2008)
12-4C-4: REQUIRED CONDITIONS:
For all nonresidential uses allowed in the residential districts, the setbacks shall equal the height of the main building, or the setbacks required in chapter 9 of this title, whichever is greater. (Ord. 867, 11-5-2001)
12-4C-5: AREA AND SIZE REQUIREMENTS:
See chapter 9, "Schedule Of Regulations", of this title, limiting the height and size of buildings, the minimum size of lot permitted by land use, and providing minimum yard setback requirements. (Ord. 867, 11-5-2001)
12-4F-1: INTENT:
The R-4 multiple-family residential district is designed to provide sites for multiple-family dwelling structures, and related uses, which will generally serve as a transitional land use between nonresidential districts and lower density one-family districts. The multiple-family district is further provided to serve the limited needs for the apartment type of unit in an otherwise medium density, one-family community. (Ord. 867, 11-5-2001)
12-4F-2: PRINCIPAL USES PERMITTED:
In a multiple-family residential district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this title:
(A) All uses as in the R-1 one-family residential, R-2 one-family residential, and R-3 one-family residential districts permitted and as regulated under articles C through E of this chapter.
(B) Multiple-family dwellings.
(C) Boarding houses. (Ord. 867, 11-5-2001)
12-4F-3: SPECIAL USES:
The following special uses shall be permitted subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with 65 Illinois Compiled Statutes 5/11-13-1.1, Illinois state bar edition 1998, as may be amended, and subject to the review and approval by the planning commission and city council as specified in sections 12-6-2, "Review And Approval Of Special Uses", and 12-6-1, "Review And Approval Of Site Plans", of this title:
(A) All special uses as in the R-1 one-family residential, R-2 one-family residential, and R-3 one-family residential districts permitted and as regulated under articles C through E of this chapter.
(B) General hospitals, with no maximum height restrictions, when the following conditions are met:
1. All such hospitals shall be developed only on sites consisting of at least three (3) acres in area.
2. All access to the site shall be in accordance with section 12-5-17 of this title.
3. The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least fifty feet (50') for front, rear, and side yards for all two-story structures. For each story above two (2), the minimum yard distance shall be increased by at least twenty feet (20').
4. Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence six feet (6') in height.
(C) Convalescent or nursing homes when the following conditions are met:
1. The building shall not exceed a building height of two (2) stories.
2. The minimum lot size shall be three (3) acres.
3. No building shall be closer than forty feet (40') to any property line.
4. All access to the site shall be in accordance with section 12-5-17 of this title.
5. There shall be provided on the site, not less than one thousand five hundred (1,500) square feet of open space for each bed in the home. The one thousand five hundred (1,500) square feet of land area shall provide for landscape setting, off street parking, service drives, loading space, yard requirement and accessory uses, but shall not include the area covered by main or accessory buildings.
(D) Housing for the elderly when the following conditions are met:
1. All housing for senior (elderly) citizens shall be constructed on parcels of at least three (3) acres and may provide for the following:
(a) Cottage type one-story dwellings and/or apartment type dwelling units.
(b) Common service containing, but not limited to, central dining rooms, recreational rooms, central lounge, and workshops.
2. Minimum dwelling unit size shall be three hundred fifty (350) square feet per unit (not including kitchen and sanitary facilities).
3. Total coverage of all buildings (including dwelling units and related service buildings) shall not exceed twenty five percent (25%) of the total site not including any dedicated public right of way.
4. Buildings of greater height than the maximum height allowed in chapter 9, "Schedule Of Regulations", of this title, may be allowed provided front, side, and rear yards are increased above the minimum required yards by one foot (1') for each foot of building height that exceeds the maximum height allowed.
(E) Home for the aged (congregate care facility) or adult foster care facility for more than six (6) adults when the following conditions are met:
1. Minimum lot size shall be three (3) acres.
2. All access to the site shall be in accordance with section 12-5-17, "Access To A Major Thoroughfare Or Collector Street", of this title.
3. No structure shall be located closer than forty feet (40') to any property line.
4. The site shall be so developed as to create a land to building ratio on the lot or parcel whereby for each one bed in the facility there shall be provided not less than one thousand five hundred (1,500) square feet of open space. The one thousand five hundred (1,500) square feet of land area per bed shall provide for landscaped setbacks, off street parking, service drives, loading space, yard requirements, and space required for accessory uses. The one thousand five hundred (1,500) square feet requirement is over and above the building coverage area.
(F) Home occupations in accordance with section 12-5-15 of this title when authorized as a special use by the planning commission. In consideration of such authorization, the planning commission shall consider the following standards:
1. The nature of the home occupation;
2. The effect of the home occupation of the surrounding neighborhoods;
3. The environmental effects of the home occupation;
4. The nature of the surrounding neighborhood;
5. Potential traffic congestion as a result of the home occupation; and
6. Provision for parking for traffic or clientele, which may result from the operation of the home occupation.
(G) Mobile home parks when authorized as a special use by the planning commission and in accord with the state of Illinois mobile home park act 210 Illinois Compiled Statutes 115/1-27 (state bar edition) and as amended. In consideration of such authorization, the planning commission shall consider:
The traffic impact of the mobile home park on the adjacent street system as determined by a traffic impact study. The study should consider the ability of the adjacent street system to safely accommodate the additional traffic volume.
(H) Any other use, which is determined by the planning commission to be of the same general character as, and compatible with, the above permitted uses. (Ord. 867, 11-5-2001)
12-4F-4: REQUIRED CONDITIONS:
(A) The maximum horizontal length of any one building shall be one hundred eighty feet (180') measured along any front, side, rear, or other exterior elevation.
(B) Within any yard setback or area between buildings, an area equivalent to seventy percent (70%) of any required yard or any required minimum area between buildings must be landscaped and developed as usable open space or recreation area available to the residents of the development, and further, said areas shall be kept free of all vehicular uses.
(C) On sites which are four (4) acres or larger in size, the open land area shall include a landscaped greenbelt of a minimum ten foot (10') width, located and continually maintained, along any property boundary adjoining a residential district or fronting on a public road right of way. (Ord. 867, 11-5-2001)
12-4F-5: AREA AND SIZE REQUIREMENTS:
See chapter 9, "Schedule Of Regulations", of this title, limiting the height and size of buildings, the minimum size of lot permitted by land use, maximum density permitted and providing minimum yard setback requirements. (Ord. 867, 11-5-2001)
12-4G-1: INTENT:
The C-1 Central Business District, is designed to cater to the needs of the local and regional consumer population. It is generally characterized by an integrated cluster of establishments serviced by a common parking area, and generating large volumes of pedestrian traffic and ancillary vehicular trips. (Ord. 867, 11-5-2001)
12-4G-2: PRINCIPAL USES PERMITTED:
In the Central Business District, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this title:
(A) Office type business related to executive, administrative, or professional occupations including, but not limited to, offices of a lawyer, accountant, insurance/real estate agent, architect, engineer, and similar occupation.
(B) Clinics, except veterinary clinics having outdoor runs.
(C) Medical, dental, and optical laboratories that provide testing services or provide medical or dental devices such as artificial limbs, teeth, eyeglasses, etc.
(D) Banks, credit unions, savings and loan associations, and similar uses, not offering drive-through facilities.
(E) Business service establishments such as typing services, photocopying services; quick printing establishments, office supply stores, and similar establishments.
(F) Any retail business whose principal activity is the sale of merchandise in an enclosed building, such as, but not limited to: groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions or hardware.
(G) Personal service establishments which perform services on the premises, such as, but not limited to: repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barbershops, photographic studios, and self-service laundries and dry cleaners.
(H) Standard or carryout restaurants.
(I) Theaters, assembly halls, concert halls or similar places of assembly when conducted completely within enclosed buildings.
(J) Post office buildings.
(K) New and used car salesrooms, showrooms, or offices which do not provide outdoor sales space and/or service and repair activities.
(L) Health and athletic clubs.
(M) Discount, department, or variety stores.
(N) Any service establishment of an office, showroom or workshop nature of an electrician, decorator, dressmaker, tailor, baker, painter, upholsterer or an establishment doing radio or home appliance repair, photographic reproduction, and similar service establishments that require a retail adjunct.
(O) Governmental administration buildings, museums, and libraries.
(P) Other uses similar to the above uses.
(Q) Establishments licensed pursuant to subsection 3-3-7(A) of this Code to sell alcoholic liquor at retail. (Ord. 867, 11-5-2001; amd. Ord. 1438, 2-6-2017)
12-4G-3: SPECIAL USES:
The following special uses shall be permitted subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with 65 Illinois Compiled Statutes, 1998 Illinois State Bar edition, as may be amended, and further subject to the review and approval by the Planning Commission and City Council as specified in sections 12-6-2, "Review And Approval Of Special Uses", and 12-6-1, "Review And Approval Of Site Plans", of this title:
(A) Residential units when the following conditions are met:
1. The dwelling unit(s) shall be provided on any floor other than a floor where grade level access is provided.
2. The minimum floor area per unit shall equal five hundred (500) square feet for a one bedroom unit, seven hundred (700) square feet for a two (2) bedroom unit, nine hundred (900) square feet for a three (3) bedroom unit, and one thousand one hundred (1,100) square feet for units containing four (4) bedrooms.
3. Off street parking shall be provided in the ratio of two (2) parking spaces for each residential unit provided.
(B) Any other use, which is determined by the Planning Commission to be of the same general character as, and compatible with, the above permitted uses.
(C) Establishments licensed pursuant to subsection 3-3-7(A) of this Code to sell alcoholic liquor at retail. (Ord. 867, 11-5-2001; amd. Ord. 1438, 2-6-2017)
12-4G-4: REQUIRED CONDITIONS:
Outdoor storage of commodities shall be expressly prohibited. (Ord. 867, 11-5-2001)
12-4G-5: AREA AND SIZE REQUIREMENTS:
See chapter 9, "Schedule Of Regulations", of this title, limiting the height and size of buildings, the minimum size of lot by permitted land use, and providing minimum yard setback requirements. (Ord. 867, 11-5-2001)
12-4H-1: INTENT:
The C-2 service/business district is designed to provide sites for more diversified business types which would often be incompatible with the pedestrian movement in the central business district and which are oriented to serving the needs of "passerby" traffic and locations for planned shopping centers. Many of the business types permitted also generate greater volumes of traffic and activities, which must be specially considered to minimize adverse effects on adjacent properties. (Ord. 867, 11-5-2001)
12-4H-2: PRINCIPAL USES PERMITTED:
In a service/business district, no building or land shall be used and no building shall be erected except for one or more of the following uses unless otherwise provided in this title:
(A) Any retail business whose principal activity is the sale of merchandise in an enclosed building, such as, but not limited to: groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing and notions or hardware.
(B) Dry cleaning establishments, or pick up stations, dealing directly with the consumer. Central dry cleaning plants serving more than one retail outlet shall be prohibited.
(C) Standard or carryout restaurants.
(D) Private clubs, fraternal organizations, and lodge halls.
(E) Overnight lodging facility, subject to the following:
1. Access shall be provided so as not to conflict with the adjacent business uses or adversely affect traffic flow on a major thoroughfare.
2. Each unit shall contain not less than two hundred fifty (250) square feet of floor area.
3. No guest shall establish permanent residence at a motel for more than thirty (30) consecutive days within any calendar year.
(F) Bowling alley, billiard hall, indoor archery range, indoor tennis courts, indoor skating rink, or similar forms of indoor commercial recreation when located at least one hundred feet (100') from any front, rear or side yard of any residential lot in an adjacent residential district.
Arcades as defined and permitted by all municipal regulations shall only be permitted in this district as accessory use to any of the above permitted in this section. Any such use shall only be accessible and directly supervised from within the building and shall not in any manner constitute a principal use of the premises.
(G) Plant material nursery and other open air business uses.
(H) Automotive service facilities providing: tire (but not recapping), battery, muffler, rustproofing/undercoating, auto glass, reupholstering, wheel balancing, shock absorbers, wheel alignments, and minor motor tuneups only, when developed in accordance with the following:
1. There shall be no outside display of any parts and/or products.
2. Any repair and/or replacement activity shall be conducted within a totally enclosed building.
3. All new, used, and/or discarded parts shall be stored within a completely enclosed building approved by the building department.
4. Any such activity shall be located not less than twenty five feet (25') from a property line.
5. There shall be no outside parking and/or storage or any partially dismantled or inoperative vehicles.
6. In operations such as automobile reconditioning, but not necessarily limited to such activities, there shall be no releasing of toxic gases, liquids, or materials in any form into the atmosphere, the water or sewer systems of the city of Clinton or on, or into the earth; and further, no adverse effects shall be created by any activity on adjacent property or development.
(I) Bank, credit unions, savings and loan associations, and similar uses including those offering drive-through facilities.
(J) Veterinary hospitals and clinics having boarding facilities.
(K) Funeral homes.
(L) Office establishments (attorney, dentist, accountant, etc.). (Ord. 867, 11-5-2001)
(M) Any use permitted under section 12-4G-2 of this chapter. (Ord. 1130, 9-15-2008)
12-4H-3: SPECIAL USES:
The following special uses shall be permitted subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with 65 Illinois Compiled Statutes 5/11-13-1.1, Illinois state bar edition 1998, as may be amended, and further subject to the review and approval by the planning commission and city council as specified in sections 12-6-2, "Review And Approval Of Special Uses", and 12-6-1, "Review And Approval Of Site Plans", of this title:
(A) Vehicle dealers with outdoor sales space and/or repair facilities for the sale of new or secondhand automobiles, house trailers, recreational vehicles, or rental trailers and/or automobiles, all subject to the following:
1. The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area.
2. Access to the outdoor sales area shall be at least sixty feet (60') from the intersection of any two (2) streets.
3. Any servicing of vehicles including major motor repair and refinishing shall be subject to the following requirements:
(a) Any such activities shall be clearly incidental to the sale of said vehicles and shall occur within a completely enclosed building.
(b) Partially dismantled and/or damaged vehicles shall be stored within an enclosed building.
(c) New, used and/or discarded parts and supplies shall be stored within a completely enclosed building.
(d) Any such activity shall be located not less than fifty feet (50') from any property line.
(e) There shall be no external evidence, beyond the building, by way of dust, odor, or noise of such activities.
4. All lighting shall be shielded from adjacent residential districts.
(B) Business in the character of an open front store or, a fast food or drive-in restaurant subject to following conditions:
1. A setback of at least sixty feet (60') from the right of way line of any existing or proposed street must be maintained.
2. Access points shall be located at least sixty feet (60') from the intersection of any two (2) streets.
3. All lighting shall be shielded from adjacent residential districts.
4. A six foot (6') high completely obscuring wall shall be provided when abutting or adjacent districts are zoned for an R-1 one-family residential district, R-2 one-family residential district, R-3 one-family residential district, R-4 multiple- family residential district, and a C-1 central business district. The height of the wall shall be measured from the surface of the ground. Said wall shall further meet the requirements of section 12-5-22, "Screening Walls", of this title.
(C) Gasoline service station for the sale of gasoline, oil and minor accessories only, and repair work, but not including vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, and such other activities whose external effects could adversely extend beyond the property line, subject to the following conditions:
1. The curb cuts for access to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than twenty five feet (25') from a street intersection (measured from the road right of way) or from adjacent residential districts.
2. The minimum lot area shall be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles, which are required to wait. Gasoline service stations, which are intended solely for the sale of gasoline, oil and minor accessories and have no facilities for repair or servicing of automobiles (including lubricating facilities), may be permitted on lots of ten thousand (10,000) square feet, subject to all other provisions herein required.
3. The view of all restroom doors shall be shielded from adjacent streets and residential districts.
4. Tow trucks (wreckers) and vehicles under repair shall not be permitted in the front yard.
5. The parking of vehicles on site shall be limited to those which may be serviced within a twenty four (24) hour period.
6. A ten foot (10') landscaped greenbelt shall be provided along all street frontages.
(D) Any other use which is determined by the planning commission to be of the same general character as, and compatible with, the above permitted uses. (Ord. 867, 11-5-2001)
(E) All uses allowed under section 12-4G-3 of this chapter. (Ord. 1130, 9-15-2008)
12-4H-4: AREA AND SIZE REQUIREMENTS:
See chapter 9, "Schedule Of Regulations", of this title, limiting the height and size of buildings, the minimum size of the lot by permitted land use, and providing minimum yard setback requirements. (Ord. 867, 11-5-2001)
12-4I-1: INTENT:
The highway business district is established to provide an aesthetically attractive working environment exclusively for, and conducive to, the development and protection of large commercial, offices, and specialized retail uses.
The provisions of this article have been developed to coordinate these developments with the intent to:
(A) Establish and maintain high aesthetic standards;
(B) Preserve the district's visual character by assuring improvements are properly related to their sites and to surrounding developments;
(C) Encourage originality, flexibility, and innovation in site planning and development, including architecture, landscaping, and graphic design; and
(D) Encourage development that is compatible with and complementary to nearby residential and commercial areas. (Ord. 867, 11-5-2001)
12-4I-2: PRINCIPAL USES PERMITTED:
In the highway business district, no building or land shall be used and no building shall be hereafter erected, reconstructed, altered, or enlarged, except for one or more of the following uses:
(A) Corporate headquarters, regional headquarters, and general administrative offices used primarily for conducting the affairs of a business, profession, service, industry, or government.
(B) General hospitals, medical clinics, and/or optical facilities that provide testing services or provide medical or dental devices such as artificial limbs, teeth, eyeglasses, etc.
(C) Theaters, auditoriums, concert halls, and similar places of assembly when conducted within a completely enclosed building.
(D) Business and technical schools.
(E) Public utility buildings, telephone exchange buildings, electric transformer stations and substations, and gas regulator stations (but not including, service or storage yards) when operating requirements necessitate the location of such facilities within the district.
(F) Health and athletic clubs.
(G) Common open space, including pedestrian plazas and courts.
(H) Standard or carryout/drive-through restaurants.
(I) Hotel/motel.
(J) All new, used, and/or discarded parts shall be stored within a completely enclosed building approved by the building department. (Ord. 867, 11-5-2001)
(K) Vehicle dealers with outdoor sales space and/or repair facilities for the sale of new or secondhand automobiles, house trailers, recreational vehicles, or rental trailers and/or automobiles, all subject to the following:
1. The lot or area shall be provided with a permanent, durable and dustless surface, and shall be graded and drained as to dispose of all surface water accumulated within the area.
2. Access to the outdoor sales area shall be at least sixty feet (60') from the intersection of any two (2) streets.
3. Any servicing of vehicles including major motor repair and refinishing shall be subject to the following requirements:
(a) Any such activities shall be clearly incidental to the sale of said vehicles and shall occur within a completely enclosed building.
(b) Partially dismantled and/or damaged vehicles shall be stored within an enclosed building.
(c) New, used and/or discarded parts and supplies shall be stored within a completely enclosed building.
(d) Any such activity shall be located not less than fifty feet (50') from any property line.
(e) There shall be no external evidence, beyond the building, by way of dust, odor, or noise of such activities.
4. All lighting shall be shielded from adjacent residential districts.
(L) All uses permitted under section 12-4H-2 of this chapter. (Ord. 1130, 9-15-2008)
12-4I-3: SPECIAL USES:
The following special uses shall be permitted subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with 65 Illinois Compiled Statutes 5/11-13-1.1, Illinois state bar edition 1998, as may be amended, and further subject to the review and approval by the planning commission and city council as specified in sections 12-6-2, "Review And Approval Of Special Uses", and 12-6-1, "Review And Approval Of Site Plans", of this title:
(A) Gasoline service station for the sale of gasoline, oil and minor accessories only, and where repair work is done, but not including vehicle body repair, painting, tire recapping, engine rebuilding, auto dismantling, and such other activities whose external effects could adversely extend beyond the property line, subject to the following conditions:
1. The curb cuts for access to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto. Entrances shall be no less than twenty five feet (25') from a street intersection (measured from the road right of way) or from adjacent residential districts.
2. The minimum lot area shall be fifteen thousand (15,000) square feet, and so arranged that ample space is available for motor vehicles, which are required to wait. Gasoline service stations, which are intended solely for the sale of gasoline, oil and minor accessories and have no facilities for repair or servicing of automobiles (including lubricating facilities), may be permitted on lots of ten thousand (10,000) square feet, subject to all other provisions herein required.
3. The view of all restroom doors shall be shielded from adjacent streets and residential districts.
4. Tow trucks (wreckers) and vehicles under repair shall not be permitted in the front yard.
5. The parking of vehicles on site shall be limited to those which may be serviced within a twenty four (24) hour period.
6. A ten foot (10') landscaped greenbelt shall be provided along all street frontages.
(B) Car wash.
(C) Oil change facility.
(D) Any other use, which is determined, by the planning commission to be of the same general character as, and compatible with, the above permitted uses. (Ord. 867, 11-5-2001)
12-4I-4: ACCESSORY USES:
The following shall be allowed as accessory uses in the highway business district:
(A) Uses and structures customarily accessory and incidental to a permitted use.
(B) Temporary buildings for uses incidental to construction work which buildings shall be removed upon completion or abandonment of the construction work.
(C) Indoor and outdoor recreational facilities, such as swimming pools, saunas, game and craft rooms, tennis courts, and exercise studios, which are provided in association with a permitted use.
(D) Parking and loading structures and areas provided in conjunction with a permitted use. (Ord. 867, 11-5-2001)
12-4I-5: AREA AND SIZE REQUIREMENTS:
See chapter 9, "Schedule Of Regulations", of this title, limiting the height and size of buildings, the minimum size of the lot by permitted land use, and providing minimum yard setback requirements. (Ord. 867, 11-5-2001)
12-4J-1: INTENT:
The I-1 research/industrial district is designed so as to accommodate activities industrial and research uses whose external and physical effects are not as intensive as those of some of the uses allowed in the I-2 industrial manufacturing district. I-1 may be used as a buffer district between I-2 industrial manufacturing and less intensive uses. I-1 research/industrial uses are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts.
The general goals of this use district include, among others, the following specific purposes:
(A) To provide sufficient space, in appropriate locations, to meet the needs of the municipality's expected future economy for additional research/industrial and related uses.
(B) To protect abutting residential districts by separating them from research/industrial activities, and by prohibiting the use of such research/industrial areas for new residential development.
(C) To promote development which is free from danger of fire, explosions, toxic and noxious matter, radiation, and other hazards, and from offensive noise, vibration, smoke, odor and other objectionable influences.
(D) To protect the most desirable use of land in accordance with a well considered plan. To protect the character and established pattern of adjacent development, and in each area to conserve the value of land and buildings and other structures, and to protect the municipality's tax revenue. (Ord. 867, 11-5-2001)
12-4J-2: PRINCIPAL USES PERMITTED:
In a research/industrial district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this title:
(A) Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a completely enclosed building.
(B) Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as, but not limited to, lumberyard, building materials outlet, upholsterer, cabinetmaker).
(C) Laboratories - experimental, film, or testing. (Ord. 867, 11-5-2001)
12-4J-3: SPECIAL USES:
The following special uses shall be permitted subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with 65 Illinois Compiled Statutes 5/11-13-1.1, Illinois state bar edition 1998, as may be amended, and further subject to the review and approval by the planning commission and city council as specified in sections 12-6-2, "Review And Approval Of Special Uses", and 12-6-1, "Review And Approval Of Site Plans", of this title:
(A) Miniwarehouses (self-storage facilities) subject to the following conditions:
1. The minimum size of the site devoted to such use shall not be less than three (3) acres.
2. Building setbacks shall be as follows: front yard not less than twenty feet (20'); side and rear yard not less than ten feet (10').
3. Building separation between self-storage buildings on the same site shall be fifteen feet (15'), as measured from side to side or front to rear, or equal to the building height, whichever is greater.
4. The total lot coverage of all structures shall be limited to fifty percent (50%) of the total lot area.
5. A sightproof barrier shall be provided around the perimeter of the development. Said barrier shall be located at the setback line and may consist of either the solid facades of the storage structures or a fence. If a fence is provided, it shall be a minimum of six feet (6') in height and shall be constructed of brick, stone, masonry units, or wood products, which are determined by the building official to be durable and weather resistant.
6. A ten foot (10') landscaped greenbelt shall be provided between the property line and required barrier along all street frontages. A five foot (5') landscaped greenbelt shall be provided between the property line and barrier where the site abuts any residential district. All materials shall be planted in conformance with section 12-5-20 of this title.
7. Parking shall be provided in the ratio of one space for each two thousand (2,000) square feet of gross building area. At a minimum, two (2) parking spaces must be assigned to, and located conveniently to, each individual storage building. In addition, two (2) spaces for the resident manager, and one additional space for each additional employee shall be provided adjacent to the rental office.
8. Internal driveway aisles shall be a minimum of twenty four feet (24') in width.
9. All off street parking areas and driveways shall be hard surfaced and drained in accordance with section 12-5-8 of this title.
10. All ingress and egress from this site shall be directly onto a collector or major thoroughfare as identified on the city's master plan.
11. Building height shall not exceed one story or fifteen feet (15') except that a caretaker or resident manager's unit may be allowed a building height of two (2) stories or twenty five feet (25').
12. No single storage building shall exceed five thousand (5,000) square feet.
13. All storage on the property shall be kept within an enclosed building.
14. The use of the premises shall be limited to storage only, and shall not be used for any auction, or sales, or storage and transfer business; for the servicing, repair, or fabrication of any vehicle, boat, trailer, appliance, or similar item; or for the operation of power tools, compressors, kilns, or similar equipment; except, that limited sales to tenants of products and supplies incidental to the principal use, such as packing materials, identification labels, rope, locks, tape, etc., shall be permitted on the site devoted to this use. The storage of combustible or flammable liquids, combustible fibers or explosive materials, as defined in the fire protection code, or toxic materials are expressly prohibited. (Ord. 867, 11-5-2001)
(B) The manufacture, compounding, processing, packaging or treatment of cosmetics. (Ord. 1019, 8-15-2005)
(C) Any other use, which is determined by the planning commission to be of the same general character as, and compatible with, the above permitted uses. (Ord. 867, 11-5-2001; amd. Ord. 1019, 8-15-2005)
12-4J-4: REQUIRED CONDITIONS:
(A) Open storage facilities shall be totally obscured by a wall on those sides abutting R-1 one-family residential district, R-2 one-family residential district, R-3 one-family residential district, R-4 multiple-family residential district, a C-1 central business district, and on any front yard abutting a public thoroughfare except as otherwise provided in section 12-5-7 of this title. In I-1 districts, the extent of such a wall may be determined by the planning commission on the basis of usage. Such a wall shall not be less than four feet six inches (4'6") in height and may, depending upon land usage, be required to be eight feet (8') in height, and shall be subject further to the requirements of section 12-5-22, "Screening Walls", of this title. The height shall be determined in the same manner as the wall height is above set forth.
(B) All activities and uses within the district shall conform to the following performance standards:
1. Smoke: A person or industry shall not discharge into the atmosphere from any single source of emission whatsoever any air contaminant that exceeds existing federal and/or state standards and statutes regulating such emissions.
2. Open Fires: A person or industry shall not burn any combustible refuse in any open outdoor fire within the district.
3. Noxious Gases: No noxious or malodorous gases shall be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on any adjoining lot or property, or which could be detrimental to human, plant, or animal life.
4. Air Contaminants: A person or industry shall not discharge from any source whatsoever such quantities of air contaminants or other material that exceed existing federal and/or state standards and statutes regulating such air discharges.
5. Glare And Heat: Any operation or activity producing glare shall be so conducted that direct and indirect illumination from the source of light shall not cause illumination in excess of one-half (0.5) of one foot-candle when measured at any adjoining residence or business district boundary line. Flickering or intense source of light shall be so controlled as not to cause a nuisance across any lot lines.
If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.
6. Noise: No activity shall emit noise in excess of the standards specified in section 12-5-26 of this title.
7. Vibration: Vibrations from industrial operations and vehicular traffic in this district must be controlled to the extent that they cannot be felt past any property line.
8. Radio Transmission: For electronic equipment required in an industrial operation, the equipment shall be so shielded that its operation will not interfere with radio, television, or other electronic equipment.
9. Storage Of Flammable Materials: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance, which is compatible with the potential danger involved.
10. Radioactive Materials: No activity shall emit dangerous radioactivity at any point, or unreasonable electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
11. Water Pollution: Pollution of water shall be subject to such requirements and regulations as are established by the city of Clinton, the Illinois state department of health, the Illinois department of natural resources, the Illinois environmental protection agency, and the U.S. environmental protection agency. All discharges into public sewers shall be in accordance all applicable local, state, and federal regulations. (Ord. 867, 11-5-2001)
12-4J-5: AREA AND SIZE REQUIREMENTS:
See chapter 9, "Schedule Of Regulations", of this title, limiting the height and size of buildings, the minimum size of lot by permitted land use and providing minimum yard setback requirements. (Ord. 867, 11-5-2001)
12-4K-1: INTENT:
The I-2 industrial manufacturing district is designed so as to primarily accommodate wholesale activities, warehouses, and industrial operations whose external, physical effects are restricted to the area of the district and in no manner affect in a detrimental way any of the surrounding districts.
The general goals of this use district include, among others, the following specific purposes:
(A) To provide sufficient space, in appropriate locations, to meet the needs of the municipality's expected future economy for additional manufacturing and related uses.
(B) To protect abutting residential districts by separating them from manufacturing activities, and by prohibiting the use of such industrial areas for new residential development.
(C) To promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation, and other hazards, and from offensive noise, vibration, smoke, odor and other objectionable influences.
(D) To protect the most desirable use of land in accordance with a well considered plan. To protect the character and established pattern of adjacent development, and in each area to conserve the value of land and buildings and other structures, and to protect the municipality's tax revenue. (Ord. 867, 11-5-2001)
12-4K-2: PRINCIPAL USES PERMITTED:
In an industrial manufacturing district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this title:
(A) Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a completely enclosed building.
(B) Any of the following uses when the manufacturing, compounding, or processing is conducted wholly within a completely enclosed building:
1. Warehousing and wholesale establishments and trucking facilities.
2. The manufacture, compounding, processing, packaging or treatment of such products as, but not limited to, bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery, tool, die, gauge and machine shops.
3. The manufacture, compounding, assembling or treatment of articles of merchandise from previously prepared materials: bone, canvas, cellophane, cloth, cork, elastomers, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semiprecious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood, and yarns.
4. The manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay, and kilns fired only by electricity or gas.
5. Manufacture of musical instruments, toys, novelties and metal or rubber stamps, or other molded rubber products.
6. Manufacture or assembly of electrical appliances, electronic instruments and devices, radio and phonographs.
7. Laboratories - experimental, film, or testing.
8. Manufacturing and repair of electric or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves, and the like.
9. Central dry cleaning plants or laundries; provided, that such plants should not deal directly with consumer at retail.
10. All public utilities, including buildings, necessary structures, storage yards, and other related uses.
(C) Warehouse, storage, and transfer and electric and gas service buildings and yards. Public utility buildings, telephone exchange buildings, electrical transformer stations and substations, and gas regulator stations.
(D) Storage facilities for building materials, sand, gravel, stone, lumber, storage of contractor's equipment and supplies.
(E) Municipal uses such as water treatment plants, and reservoirs, sewage treatment plants, and all other similar municipal buildings and uses, including outdoor storage.
(F) Kennels.
(G) Trade or industrial schools.
(H) Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as, but not limited to, lumberyard, building materials outlet, upholsterer, cabinetmaker).
(I) Recycling centers.
(J) Auto engine and body repair, and undercoating shops when located in a completely enclosed building. (Ord. 867, 11-5-2001)
12-4K-3: SPECIAL USES:
The following special uses shall be permitted subject to the conditions hereinafter required for each use, subject to any and all reasonable conditions which may be imposed in accordance with 65 Illinois Compiled Statutes 5/11-13-1.1, Illinois state bar edition 1998, as may be amended, and further subject to the review and approval by the planning commission and city council as specified in sections 12-6-2, "Review And Approval Of Special Uses", and 12-6-1, "Review And Approval Of Site Plans", of this title:
(A) Miniwarehouses (self-storage facilities) subject to the following conditions:
1. The minimum size of the site devoted to such use shall not be less than three (3) acres.
2. Building setbacks shall be as follows: front yard not less than twenty feet (20'); side and rear yard not less than ten feet (10').
3. Building separation between self-storage buildings on the same site shall be fifteen feet (15'), as measured from side to side or front to rear, or equal to the building height, whichever is greater.
4. The total lot coverage of all structures shall be limited to fifty percent (50%) of the total lot area.
5. A sightproof barrier shall be provided around the perimeter of the development. Said barrier shall be located at the setback line and may consist of either the solid facades of the storage structures or a fence. If a fence is provided, it shall be a minimum of six feet (6') in height and shall be constructed of brick, stone, masonry units, or wood products, which are determined by the building official to be durable and weather resistant.
6. A ten foot (10') landscaped greenbelt shall be provided between the property line and required barrier along all street frontages. A five foot (5') landscaped greenbelt shall be provided between the property line and barrier where the site abuts any residential district. All materials shall be planted in conformance with section 12-5-21 of this title.
7. Parking shall be provided in the ratio of one space for each two thousand (2,000) square feet of gross building area. At a minimum, two (2) parking spaces must be assigned to, and located conveniently to, each individual storage building. In addition, two (2) spaces for the resident manager, and one additional space for each additional employee shall be provided adjacent to the rental office.
8. Internal driveway aisles shall be a minimum of twenty four feet (24') in width.
9. All off street parking areas and driveways shall be hard surfaced and drained in accordance with section 12-5-8 of this title.
10. All ingress and egress from this site shall be directly onto a collector or major thoroughfare as identified on the city's master plan.
11. Building height shall not exceed one story or fifteen feet (15') except that a caretaker or resident manager's unit may be allowed a building height of two (2) stories or twenty five feet (25').
12. No single storage building shall exceed five thousand (5,000) square feet.
13. All storage on the property shall be kept within an enclosed building.
14. The use of the premises shall be limited to storage only, and shall not be used for any auction, or sales, or storage and transfer business; for the servicing, repair, or fabrication of any vehicle, boat, trailer, appliance, or similar item; or for the operation of power tools, compressors, kilns, or similar equipment; except, that limited sales to tenants of products and supplies incidental to the principal use, such as packing materials, identification labels, rope, locks, tape, etc., shall be permitted on the site devoted to this use. The storage of combustible or flammable liquids, combustible fibers or explosive materials, as defined in the fire protection code, or toxic materials are expressly prohibited.
(B) Commercial television and radio towers, public utility microwaves, public utility television transmitting towers, subject to the following conditions:
1. They shall be located centrally on a continuous parcel of not less than 1.0 times the height of the tower measured from the base of said tower to all points on each property line.
2. A barrier, not exceeding eight feet (8') in height shall be installed along the perimeter of the development. Said barriers shall be located at the setback line and consist of either an ornamental masonry wall or fence constructed of materials which are determined by the building inspector to be durable and weather resistant.
3. A ten foot (10') landscaped greenbelt shall be provided between the property line and required barrier along all street frontages. A five foot (5') landscaped greenbelt shall be provided between the property line and barrier where the site abuts any residential district. All materials shall be planted in conformance with section 12-5-21 of this title.
4. A minimum of two (2) parking spaces must be provided on site and interior to the perimeter barrier. The parking area shall be provided with a permanent durable and dustless surface and shall be so graded and drained so as to dispose of all surface water accumulated within said parking area.
5. All towers shall be developed on a site consisting of at least two (2) acres in area.
6. The tower shall be located no closer than one hundred feet (100') to any abutting residential district or public street, as measured from the base of the tower.
7. All towers constructed shall not be altered in terms of physical improvements or method of operation; except, however, that modification may occur upon submittal and approval of an amended application for special use approval.
(C) Adult entertainment use subject to the following conditions:
1. No adult entertainment use shall be located within one thousand feet (1,000') of any other adult entertainment use nor within five hundred feet (500') of any of the following uses:
(a) All establishments licensed by the Illinois liquor control commission.
(b) Pool or billiard halls.
(c) Coin operated amusement centers.
(d) Teenage discos or dance halls.
(e) Ice or roller skating rinks.
(f) Pawnshops.
(g) Indoor or drive-in movie theaters.
(h) Any public park.
(i) Any church.
(j) Any public or private school having a curriculum including kindergarten or any one or more of the grades, one through twelve (12).
Such distance shall be measured along the centerline of the street or streets or address between two (2) fixed points on the centerlines determined by projecting straight lines at right angles from the part of the above listed uses nearest to the contemplated location of the structure containing the adult entertainment use, and from the contemplated location of the structure containing the adult entertainment use nearest to a use listed above.
2. No adult entertainment use shall be located within five hundred feet (500') of any area zoned residential. Such required distances shall be measured by a straight line between a point on the boundary line of a zoned residential area nearest to the contemplated structure or contemplated location of the structure containing the adult entertainment use to a point on the contemplated structure or contemplated location of the structure containing the adult entertainment use nearest to the boundary lines of a zoned residential area.
3. All adult entertainment uses shall be contained in a freestanding building. Enclosed malls, commercial strip stores, common wall structures, and multi-uses within the same structure do not constitute a freestanding building.
4. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" from any public way or from any property not regulated as an adult entertainment use. This provision shall apply to any display, decoration, and sign, show window or other opening.
(D) Any other use, which is determined by the planning commission to be of the same general character as, and compatible with, the above permitted uses. (Ord. 867, 11-5-2001)
12-4K-4: REQUIRED CONDITIONS:
(A) Open storage facilities for materials or equipment used in manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting R/C-1 recreation/conservation district, R-1 one-family residential district, R-2 one-family residential district, R-3 one-family residential district, R-4 multiple-family residential district, and a C-1 central business district, C-2 service/business district, I-1 research/industrial district, and on any front yard abutting a public thoroughfare except as otherwise provided in section 12-5-7 of this title. In I-2 districts, the extent of such a wall may be determined by the planning commission on the basis of usage. Such a wall shall not be less than four feet six inches (4'6") in height and may, depending upon land usage, be required to be eight feet (8') in height, and shall be subject further to the requirements of section 12-5-22, general provisions of this title. The height shall be determined in the same manner as the wall height is above set forth.
(B) All activities and uses within the district shall conform to the following performance standards:
1. Smoke: A person or industry shall not discharge into the atmosphere from any single source of emission whatsoever any air contaminant that exceeds existing federal and/or state standards and statutes regulating such emissions.
2. Open Fires: A person or industry shall not burn any combustible refuse in any open outdoor fire within the district.
3. Noxious Gases: No noxious or malodorous gases shall be allowed to escape into the atmosphere in concentrations which are offensive, which produce a public nuisance or hazard on any adjoining lot or property, or which could be detrimental to human, plant, or animal life.
4. Air Contaminants: A person or industry shall not discharge from any source whatsoever such quantities of air contaminants or other material that exceed existing federal and/or state standards and statutes regulating such air discharges.
5. Glare And Heat: Any operation or activity producing glare shall be so conducted that direct and indirect illumination from the source of light shall not cause illumination in excess of one-half (0.5) of one foot-candle when measured at any adjoining residence or business district boundary line. Flickering or intense source of light shall be so controlled as not to cause a nuisance across any lot lines.
If heat is a result of an industrial operation, it shall be so insulated as to not raise the temperature at any property line at any time.
6. Noise: No activity shall emit noise in excess of the standards specified in section 12-5-26 of this title.
7. Vibration: Vibrations from industrial operations and vehicular traffic in this district must be controlled to the extent that they cannot be felt past any property line.
8. Radio Transmission: For electronic equipment required in an industrial operation, the equipment shall be so shielded that its operation will not interfere with radio, television, or other electronic equipment.
9. Storage Of Flammable Materials: Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate firefighting and fire suppression equipment and such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance, which is compatible with the potential danger involved.
10. Radioactive Materials: No activity shall emit dangerous radioactivity at any point, or unreasonable electrical disturbance adversely affecting the operation at any point of any equipment other than that of the creator of such disturbance.
11. Water Pollution: Pollution of water shall be subject to such requirements and regulations as are established by the city of Clinton, the Illinois state department of health, the Illinois department of natural resources, and the U.S. environmental protection agency. All discharges into public sewers shall be in accordance all applicable local, state, and federal regulations. (Ord. 867, 11-5-2001)
12-4K-5: AREA AND SIZE REQUIREMENTS:
See chapter 9, "Schedule Of Regulations", of this title, limiting the height and size of buildings, the minimum size of lot by permitted land use and providing minimum yard setback requirements. (Ord. 867, 11-5-2001)
12-4L-1: INTENT:
(A) The O-FP floodplain overlay district delineates areas in the vicinity of the Ten Mile Creek, Goose Creek and Coon Creek watercourses, and their tributaries. In the absence of flood protection measures, these areas are subject to periodic flooding which may result in injury to or loss of life and property, disruption of private and governmental services, impairment of the municipal tax base, and the need for extraordinary relief measures. The regulations of this section are intended to restrict permitted development in floodplains to:
1. Uses which inherently have low flood damage potential; and
2. Other uses allowed in the primary zoning districts, provided appropriate protective measures have been taken.
(B) The floodplain overlay district shall be the official flood hazard boundary as approved by the city council. (Ord. 867, 11-5-2001)
12-4L-2: PERMITTED USES, SPECIAL USES:
This overlay district has no effect on the classification, whether permitted, special or prohibited, of uses in the primary zoning districts. Rather, this overlay district imposes additional restrictions on both permitted and special uses. (Ord. 867, 11-5-2001)
12-4L-3: ADDITIONAL RESTRICTIONS:
(A) All uses, whether permitted or special, that are located in the area covered by the O-FP overlay district shall not only meet all the applicable requirements of the primary district, but shall also be adequately protected against flood damage. To assure such protection, the administrator, following consultation with technically qualified persons, may require as necessary:
1. Anchorage or addition of weight to structures to resist flotation;
2. Installation of watertight doors and bulkheads;
3. Use of special paints, membranes or mortars so as to reduce seepage through walls;
4. Installation of pumps to lower water levels in structures or to relieve external foundation wall flood pressure;
5. Reinforcement of walls to resist rupture or collapse caused by water pressure or floating debris;
6. Installation of valves or controls on sanitary and storm drains so that the drains can be closed to prevent backup of sewage or storm runoff into structures;
7. Location of electrical equipment and appliances above the level of the regulatory flood elevation;
8. Location of storage facilities for chemicals, explosives, flammable liquids, toxic substances, etc., above the regulatory flood elevation;
9. Filling and earth moving to raise the level of the proposed building site above the regulatory flood elevation; and/or
10. Any other reasonable flood protection measures.
(B) In no case shall the administrator approve any proposed flood protection measure which would result in an increase in the volume or velocity of floodwater leaving the lot in question. (Ord. 867, 11-5-2001)