Diamond City Zoning Code
INDUSTRIAL DISTRICTS
§ 151.105 I-1 LIMITED INDUSTRIAL DISTRICT.
(A) Purpose. The I-1 District is established to provide areas for industrial use whose operations are of a high performance standard; to provide regulations to assure adequate open space between industrial uses and the I-1 District boundaries and adjacent residential areas.
(B) Permitted uses. Permitted uses in the I-1 District are listed in § 151.061, Zoning district use table.
(D) Conditions of use. All permitted uses are subject to the following conditions:
(1) All business, production, servicing, processing shall take place within completely enclosed buildings unless otherwise specified. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky but shall be enclosed by solid walls or fences (including solid doors or gates thereto) at least 6 feet high, but in no case lower in height than the enclosed storage and suitably landscaped; and
(E) Bulk regulations. Bulk regulations in the I-1 District including regulations regarding yard areas and lot coverage are listed in § 151.107, Industrial district bulk regulations.
(Ord. 2015-08, § 9.01, passed 6-23-2015)
§ 151.106 I-2 GENERAL INDUSTRIAL DISTRICT.
(A) Purpose. The I-2 District is established to provide areas in which a wide variety of intensive industrial concerns may be located.
(B) Permitted uses. Permitted uses in the I-2 District are listed in § 151.061, Zoning district use table.
(D) Conditions of use. Permitted uses are subject to the following conditions:
(1) All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall not be hazardous or detrimental to nearby property, or adversely affect the health or safety of the occupants thereof, by reason of the emission of odor, dust, gas, fumes, smoke, noise, vibration or waste material; and
(2) Within 100 feet of a residence district, production, processing, servicing, and fabrication shall take place or be within completely enclosed buildings or structures unless otherwise specified. All exterior storage within 150 feet of a residence district shall be enclosed with a solid wall or fence to a height of such stored materials. Off-street parking and off-street loading facilities may be enclosed except for such screening and improvements as may be required under the provisions of §§ 151.175 - 151.185, Off-Street Parking and Loading.
(E) Bulk regulations. Bulk regulations in the I-2 District including regulations regarding yard areas and lot coverage are listed in § 151.107, Industrial district bulk regulations.
(Ord. 2015-08, § 9.02, passed 6-23-2015)
§ 151.107 INDUSTRIAL DISTRICT BULK REGULATIONS.
I-1 Limited Industrial District
I-2 General Industrial District
District | Minimum Front Yard Setback | Minimum Side Yard Setback | Minimum Rear Yard Setback | Maximum Lot Coverage |
I-1 Limited Industrial District | 30 ft.1, 3 | 5 ft. or 10% of lot width2 | 30 ft.3 | 60% |
I-2 General Industrial District | 30 ft.1, 3 | 5 ft. or 10% of lot width2 | 30 ft.3 | - |
1 Where lots within the same block and comprising 40% of the frontage on the same street are already developed on the effective date of this chapter with front yards with an average depth of less than 30 feet, then such average depth shall be the required front yard depth for such frontage in said block. | ||||
2 Side yard does not need to exceed 20 feet. | ||||
3 Setback shall be increased to a minimum of 50 feet if adjacent to a residence district. | ||||
(Ord. 2015-08, § 9.03, passed 6-23-2015)
§ 151.108 ADULT USE PROVISIONS.
(A) Purpose. In the development and execution of these sections regulating the location of adult business uses, based upon experiences and studies prepared in various communities, it is recognized that adult business uses, by virtue of their nature, have serious objectionable operational characteristics which can have a deleterious effect upon areas adjacent to them. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. The primary purpose of these regulations is to control the concentration or location of these uses to the fullest extent allowable by law, in order to eliminate such adverse effects. It is not the intent of these sections to deny adults access to sexually oriented materials and services or the providers of such materials and services their market in a manner that is inconsistent with the law.
(B) Restrictions on the location of adult business uses.
(1) No adult business use shall be maintained:
(a) Within 1,000 feet of the property line of another adult business use;
(b) Within 1,000 feet of any of the residential or agricultural zoning districts as provided for under this chapter; or
(c) Within 1,000 feet of a single-family dwelling, church or other place of worship, child care center, nursing home, independent or assisted living care facility, school, library, park, forest preserve, open space, or other publicly operated recreational facility.
(2) The distances provided for in this section shall be measured by following a straight line, without regard to intervening structures, from a point on the property or the land use district boundary line from which the proposed use is to be separated.
(C) Restrictions on operation.
(1) No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to “specified anatomical area” or “specified sexual activities” from any public way. This shall apply to any display, decoration, sign, show window or other opening. No person shall operate or cause to be operated an adult use within any premises wherein alcoholic beverages are served, sold or consumed.
(2) No person under the age of 21 shall be allowed on the premises.
(3) All VIEWING AREAS, which shall be defined as the area where a patron or customer would ordinarily be positioned while watching a film or viewing device, shall be visible from a continuous main aisle or public room and shall not be obscured by any curtain, door, wall or other enclosure.
(4) There shall be no aperture whatsoever in any wall or partition between viewing areas.
(5) Each viewing area shall be lighted at a minimum level of 10 foot-candles in all parts thereof.
(6) Within an establishment selling or renting books, magazines, or films to the general public, a non-substantial section may display, rent or offer for sale items distinguished or characterized by their emphasis on matter depicting, describing or relating to “specified sexual activities” or “specified anatomical areas” with the following restrictions:
(a) The area shall be set aside, blocked off or of limited access to adults only, with clearly marked signs indicating that this area contains adult-only items;
(b) The area shall be arranged in such manner that the display is not visible to the general public; and
(c) There shall be suitable measures installed to ensure that adults only have access.
(7) Except in connection with the service of beverages or receiving payment for such beverages, no establishment shall allow an employee to have physical contact with a patron or allow an employee’s person to be within 10 feet of any patron.
(Ord. 2015-08, § 9.04, passed 6-23-2015)
§ 151.109 MEDICAL CANNABIS FACILITY CONDITIONS.
In addition to the other special use permit standards, distribution facilities – medical cannabis shall meet the specific standards listed below:
(A) Medical cannabis cultivation center.
(1) Medical cannabis cultivation centers located within the village shall be and are required to be established, operated, and maintained in full compliance with the Compassionate Use of Medical Cannabis Pilot Program Act (hereinafter, the “Compassionate Use Act”) and all other applicable village ordinances and state statutes.
(2) Medical cannabis cultivation centers shall not be located within a specified distance of pre-existing public or private pre-schools, elementary schools, secondary schools, day care centers, home day care, group day care homes, part day child care facilities, or an area zoned for residential use as and to the extent provided by the Compassionate Use Act and all other applicable state statutes.
(3) Medical cannabis cultivation centers shall not be located in any building containing, in whole or in part, residential uses or any building which is zoned for residential uses.
(4) Drive-through facilities accessory to such medical cannabis cultivation centers shall not be permitted.
(5) Outdoor, window, or on-site media displays of merchandise and/or products related to a medical cannabis cultivation center shall not be permitted.
(6) All exterior signage associated with a medical cannabis cultivation center shall be in compliance with §§ 151.150 - 151.161, Signs, of this chapter. In addition, no exterior signage, including window treatments over 8-1/2 inches by 11 inches in size, shall use the word “marijuana,” “cannabis,” or any other word, phrase or symbol commonly understood to refer to marijuana or cannabis.
(7) All operations of a medical cannabis cultivation center must be fully enclosed within a locked building which includes an intrusion detection system and a 24-hour surveillance system.
(B) Medical cannabis dispensing organization.
(1) Medical cannabis dispensing organizations located within the village shall be and are required to be established, operated, and maintained in full compliance with the Compassionate Use of Medical Cannabis Pilot Program Act (hereinafter, “the Compassionate Use Act”) and all other applicable village ordinances and state statutes.
(2) Medical cannabis dispensing organizations shall not be located within a specified distance of pre-existing public or private pre-schools, elementary schools, secondary schools, day care centers, home day care, group day care homes, part day child care facilities, or an area zoned for residential use as and to the extent provided by the Compassionate Use Act and all other applicable state statutes.
(3) Medical cannabis dispensing organizations shall not be located in any building containing, in whole or in part, residential uses or any building which is zoned for residential uses.
(4) Drive-through facilities accessory to such medical cannabis dispensing organizations shall not be permitted.
(5) Outdoor, window, or on-site media displays of merchandise and/or products related to a medical cannabis dispensing organization shall not be permitted.
(6) All exterior signage associated with a medical cannabis dispensing organization shall be in compliance with §§ 151.150 - 151.161, Signs, of this chapter. In addition, no exterior signage, including window treatments over 8-1/2 inches by 11 inches in size, shall use the word “marijuana,” “cannabis,” or any other word, phrase or symbol commonly understood to refer to marijuana or cannabis.
(7) All operations of a medical cannabis dispensing organization must be fully enclosed within a locked building which includes an intrusion detection system and a 24-hour surveillance system.
(Ord. 2015-08, § 9.05, passed 6-23-2015)