Except as hereinafter provided, no building, structure or land shall hereafter be used and no building or part thereof of structure shall be erected, constructed, reconstructed, occupied, moved, altered or repaired, except in conformity with the regulations herein specified for the class of district in which it is located. (Ord. 18-08, 6-3-2019)

Any building, structure or use lawfully existing at the time of enactment of this title may be continued, except certain non- conforming uses as provided in section 10-4-3 of this chapter. Nothing in this title shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the building inspector. (Ord. 18-08, 6-3-2019)

Any lawfully established use of a building or land, at the effective date of this title, or of amendments thereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.

   (A)   Any legal non-conforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

   (B)   Any building for which a permit has been lawfully granted prior to the effective date of this title, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within six (6) months and diligently proceeds to completion. Such building shall thereafter be deemed a lawfully established building.

   (C)   Any non-conforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or other act of nature, may be reconstructed and used as before if it be done within twelve (12) months of such calamity unless damaged more than fifty percent (50%) of its fair market value, as determined by the Board of Appeals, at the time of such damage, in which case, reconstruction shall be in accordance with the provisions of this title except as modified for single family uses as specified below:

Notwithstanding any other provisions of this title, a single-family use, a single-family dwelling and accessory structures or a lot on which a single-family dwelling is located, that was conforming prior to the effective date, hereof, shall generally be treated as conforming for as long as the dwelling is used for a single-family use. Accordingly, the following rights shall be granted under this title:

      1.   Structures for a nonconforming single-family use may be restored for a single-family use if destroyed or damaged by fire, explosion, act of nature or by public enemy, reconstructed or repaired provided all other requirements of this title are met.

      2.   Nonconforming single-family dwellings or nonconforming accessory structures to a single-family use may be restored to the same degree of nonconformity or less if destroyed or damaged by fire, explosion, act of nature, or by public enemy, repaired and structurally altered, provided such construction does not increase or extend the degree of nonconformity. Nonconforming structures shall not be reconstructed except in compliance with the provisions of this title.

      3.   A nonconforming single-family use and a nonconforming single- family dwelling and accessory structures on a nonconforming lot shall be granted the same rights as above and any other rights as if the lot were conforming.

      4.   A nonconforming single-family use and a nonconforming single- family dwelling and accessory structures shall also be granted the same rights as for other nonconforming uses and structures.

   (D)   No building, structure or premises where a non-conforming building or structure which has been or may be discontinued for more than one year, or has been or may be changed to a use permitted in the district in which it is located, shall again be devoted to a nonconforming use.

   (E)   Any building or structure devoted to a non-conforming use with a fair market value of less than five thousand dollars ($5,000.00), as determined by the Board of Appeals, may be continued for a period not to exceed three (3) years after enactment of this title, where upon such non-conforming use shall be removed or changed to a conforming use.

   (F)   Any legal, non-conforming use shall be enclosed on all sides by a solid wall or tight board fence not less than eight feet (8') high if said use includes storage, repair or maintenance of vehicles, equipment or materials on the premises and not within the building. Said wall or fence shall be maintained to the satisfaction of the building official. Any use so described that is in existence at the time this title is adopted shall comply with said fencing requirement within one hundred eighty (180) days of the adoption of this title.

   (G)   No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.

   (H)   No non-conforming building in any Residential District shall be so altered as to increase the number of dwelling units therein.

   (I)   No non-conforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date of this title, or to displace any conforming use in the same building or the same parcel. (Ord. 18-08, 6-3-2019)

No lot created after the adoption of this title shall contain any building used as a dwelling unless it abuts at least thirty feet (30') on a street or has a permanent exclusive non-obstructed easement of access not less than thirty feet (30') wide to a street. (Ord. 18-08, 6-3-2019)

   (A)   Lots Of Record: In any Residential or Agricultural District where dwellings are permitted, a one family detached dwelling may be constructed on any lot of official record at the time of enactment of this title, the owner of which does not own any adjoining property, provided that proposed yard spaces satisfy requirements stipulated for the district in which said lot is located, or requirements as may be modified by the Board of Zoning Appeals. No action of the Board shall prevent the erection of a one family detached dwelling twenty four feet (24') wide on such lot of record.

   (B)   Lots Unserved By Sewer And Water: In any district where neither public water supply nor public sanitary sewer is accessible, the otherwise specified lot area and width requirement shall be twenty thousand (20,000) square feet and one hundred feet (100') respectively; provided, however, that where a public water supply system is accessible and will be installed, these requirements shall be ten thousand (10,000) square feet and seventy five feet (75') respectively; provided further that the Health Officer has certified that the said areas will be large enough to satisfy all applicable requirements concerning water supply and the disposal of sanitary wastes. (Ord. 18-08, 6-3-2019)

No lot shall contain more than one principal use. (Ord. 18-08, 6-3-2019)

   (A)   No accessory building or buildings shall be erected in any required court, or front yard. Except for carports and garages, no accessory building shall be erected in a side yard. If a carport or garage is erected in a side yard, then the accessory building shall meet the setback requirements of the principal structure. When erected in a rear yard it or they cumulatively shall not occupy more than thirty percent (30%) of a required rear yard and/or it or they shall not exceed the total ground floor footage of the primary structure except for swimming pools and shall be a distance at least three feet (3') from all lot lines of adjoining lots which are in any R District, and at least six feet (6') from alley lines and from any other building or structure on the same lot. Accessory buildings shall not exceed fifteen feet (15') in height.

   (B)   Where the natural grade of a lot at the front wall of the principal building is more than eight feet (8') above the average established curb grade in front of the lot, a private garage may be erected within any yard or court, but not within ten feet (10') of any street line, provided that at least one-half (1/2) of the height of such private garage shall be below the level of the yard or court. (Ord. 18-08, 6-3-2019)

   (A)   No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum requirement. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

   (B)   The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principal building, and such space shall not be reduced or included as any part of any required open space for another building or structure. (Ord. 18-08, 6-3-2019)

The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this title, and only when the resulting occupancy will comply with the requirements governing new construction in such a district, with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces and off- street parking. Each conversion shall be subject to such further requirements as may be specified hereinafter with the chapter applying to such district. (Ord. 18-08, 6-3-2019)

A one story dwelling or a story and a half, or two story dwelling shall meet the minimum floor area standards in the International Building Code and be at least nine hundred (900) square feet with the length being no more than four (4) times the width. (Ord. 18-08, 6-3-2019)

In any district, except B-2, on any lot, no fence structure, planting, or other obstruction to visibility, shall be erected or maintained within twenty feet (20'), measured horizontally from the property line where they intersect on a street corner, unless it is less than three feet (3') high. Please see the diagram in this section.

(Ord. 18-08, 6-3-2019)

Essential services shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this title. (Ord. 18-08, 6-3-2019)

   (A)   Home Occupation, Major: Major home occupations are those home occupations where either non-resident customers and/or employees come to the property for the purpose of furthering the business enterprise of the home occupation, and where the occupation:

      1.   Shall be conducted entirely within a dwelling unit and carried on by the inhabitants thereof and their employees or customers.

      2.   Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds or vibrations that carry beyond the premises.

      3.   Shall have no more than two hundred (200) square feet of floor area used for the home occupation.

      4.   Shall have no signs present on the property except one sign, not exceeding fifteen (15) square feet.

      5.   Shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that incidental retail sales may be made in connection with other permitted home occupations, for example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on-site.

      6.   Shall have no storage or display of goods visible from outside the structure.

      7.   Shall have no highly explosive or combustible material used or stored on the premises unless approved by the fire inspector. Firearm manufacture, importation, sales, and any other Federal firearm license (FFL) related business, shall be subject to the regulations of the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), as well as the Illinois State Police. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

      8.   Shall have adequate off street parking spaces available to compensate for additional parking needs generated.

      9.   Deliveries from commercial suppliers may be made more than once a week, and the deliveries shall not be made from semi- tractor trailer trucks.

      10.   Shall include, but are not necessarily limited to, the following:

         (a)   Single-chair beauty parlors and barbershops;

         (b)   Photo developing and printing;

         (c)   Organized classes with up to six (6) students at a time;

         (d)   Television and other electric or electronic repair, excluding major appliances such as refrigerators or storage;

         (e)   Upholstering;

         (f)   Dressmaking and millinery;

         (g)   Woodworking excluding cabinet making;

         (h)   Federal firearm license related business.

      11.   Major home occupations require a special use permit for approval. (See chapter 23 of this title.)

   (B)   Home Occupation, Minor: Minor home occupations are those where neither non-resident customers nor non-resident employees come to the property for purposes of furthering the business enterprise of the home occupation, and where the occupation:

      1.   Shall be conducted entirely within a dwelling and carried on by the inhabitants thereof and no other.

      2.   Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or other emission of sounds or vibrations that carry beyond the premises.

      3.   Shall have no more than two hundred (200) square feet of floor area used for the home occupation.

      4.   Shall be no advertising, display, or other indications of a home occupation on the premises.

      5.   Shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves, racks or from inventory is not allowed, but a person may pick up an order placed earlier as described above.

      6.   Shall have no storage or display of goods visible from outside the structure.

      7.   Shall have no highly explosive or combustible material used or stored on the premises unless approved by the fire inspector. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

      8.   Shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located, including commercial and general delivery services.

      9.   Shall have no use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence allowed.

      10.   Notwithstanding any provision contained herein to the contrary, garage, basement, yard or other similar sales shall not be allowed more than twice a year, and each sale shall not last more than seventy two (72) consecutive hours, and only goods which have been generated from within the household and not purchased elsewhere for resale. Sales shall be conducted on the owner's property except that multiple family sales are permitted if they are held on the property of one of the participants and any such sale shall be considered to be a sale for all participants.

      11.   Shall have no deliveries from commercial suppliers made more than once a week, and the deliveries shall not be made from semi- tractor trailer trucks.

      12.   Shall include, but are not necessarily limited to, the following:

         (a)   Artists and sculptors;

         (b)   Authors, desktop publishers and composers;

         (c)   Home crafts for sale off-site;

         (d)   Office facility of clergy;

         (e)   Office facility of a salesman, sales representative or manufacturer's representative provided that no transactions are made in person on the premises;

         (f)   Address of convenience used solely for receiving and making telephone calls including computer usage, mail, keeping business records in connection with a profession or occupation;

         (g)   Individual tutoring;

         (h)   Preserving and home cooking for sale off-site;

         (i)   Individual instrument and vocal instruction provided that no instrument may be amplified;

         (j)   Telephone solicitation work;

         (k)   No professional offices in minor home occupations;

         (l)   Any other similar uses deemed to be consistent by the appropriate authority.

      13.   Minor home occupations do not require a special use permit. (Ord. 18-08, 6-3-2019)

   (A)   No building, structure or premises shall be used, erected or altered which is intended or designed to be used as a public garage, automobile repair shop, motor fuel station or car wash having an entrance or exit for vehicles in the same block front and within two hundred feet (200') of any school, public playground, church, hospital, public library or institution for dependents or for children, and no such entrances or exits shall be located within the same block front and within twenty feet (20') of any R District; nor shall any part of such public garage, automobile repair shop, motor fuel station, or car wash be located within one hundred feet (100') of any building or grounds of any of the aforesaid public or institutional uses.

   (B)   All activities incidental to the sale of gasoline or oil such as battery and tire repair, car washing and greasing shall be conducted within the building and there shall be no storage or accumulation of miscellaneous equipment, machinery or motor vehicles disabled or otherwise, outside of the principal structure. (Ord. 18-08, 6-3-2019)

   (A)   No vehicular entrance to or exit from any motel or motor hotel wherever such may be located shall be within two hundred feet (200') along streets from any school, public playground, church, hospital, library or institution for dependents or for children, except where such property is in another block or on another street, which the premises in question do not abut.

   (B)   The following regulations shall be complied with:

      1.   Any lot to be used for a motel or motor hotel shall not be less than fifteen thousand (15,000) square feet in area and shall contain not less than one thousand (1,000) square feet of lot area per sleeping unit. All buildings and structures on the lot shall occupy in the aggregate not more than twenty five percent (25%) of the area of the lot.

      2.   All areas used for automobile access, parking shall comply with the provisions of chapter 24 of this title.

      3.   All areas not used for access, parking, circulation, buildings and services shall be completely landscaped and the entire site maintained in good condition.

      4.   No enlargements or extensions to any motel or motor hotel shall be permitted unless the existing one is made to conform substantially with all the requirements for new construction for such an establishment. (Ord. 18-08, 6-3-2019)

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of this title as amended, the construction of which, conforming with such plans shall have been started prior to the effective date of this title, as amended, and completion thereof carried on in a normal manner within the subsequent six (6) month period, and not discontinued until completion, except for reasons beyond the builder's control. (Ord. 18-08, 6-3-2019)

Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than one principal building on one lot unless otherwise provided in this title. (Ord. 18-08, 6-3-2019)

   (A)   Regulated Uses: The Supreme Court of the State of Illinois has judicially confirmed that the purpose of these amendments as hereinafter stated serves a valid government interest. In the development and execution of this title, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas, particularly adjacent and nearby residential and business areas where nurseries, schools, nursing homes, churches and similar uses are located. Proper and realistic zoning and special regulations of these uses are necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or discouraging normal development of undeveloped areas. These special regulations are itemized in this section. A primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. To prevent concentration of such uses from having an adverse effect upon the adjacent and nearby residential and business areas above referred to, such uses are hereby established as permitted uses in I-2 Districts. To prevent such uses from having an adverse effect upon nearby or residential and business areas, they are prohibited within one thousand feet (1,000') of the following specified uses or zones:

      1.   From any Residential, Business and/or Conservation Zone.

      2.   From any public or private school or licensed day care center.

      3.   From any church or religious center.

      4.   From any public park or a City designated pedestrian/bike path.

   (B)   Additional Controls: To prevent such uses from having an adverse effect upon the adjacent areas in an I-2 District, not more than two (2) such uses shall be established within one thousand feet (1,000') of each other, within said I-2 District. Uses subject to these controls hereafter referred to as "adult regulated uses" are as follows:

      Adult bookstore.

      Adult mini-motion picture theater.

      Adult modeling.

      Adult motion picture theater.

      Entertainment facility.

      Such adult regulated uses as set forth above are hereby prohibited from all I-2 Districts.

   (C)   Prohibition Of Graphic Materials: Any building or structure within which an adult regulated use is lawfully operated, shall not use or display graphic sexual material, photos, or drawings on the exterior of said business, but shall designate said business to be an adult business and admission granted to adults only. (Ord. 18-08, 6-3-2019)

   (A)   Numbers Required: All lots, buildings and structures in the City shall be numbered in accordance with the chart on file in the office of the zoning official.

   (B)   Chart: The zoning official shall keep a chart, showing the proper street number of every lot in the City, which shall be open to inspection by any interested person. It shall be the duty of the owner and occupant of every building, structure, and mobile home in the City to have placed thereon, in a place visible from the street, figures at least two and one-half inches (21/2") high, showing the proper number assigned thereto.

   (C)   Violation: Any person failing to so number any structure or residence owned or occupied by him, after receiving notice to do so from the zoning official, shall be subject to penalty as provided by section 1-4-1 of this Code. (Ord. 18-08, 6-3-2019)

   (A)   Small Solar Energy System: An on-site solar energy system that is incidental and subordinate to a principal use and/or structure serving the needs of all Residential, Suburban Estate, Agricultural, Conservation, and Neighborhood Business Zoning Districts.

      1.   Small systems shall be allowed as a permitted use in above identified zoning districts if it meets conditions in this title.

      2.   Only one freestanding unit shall be allowed per property and shall only be allowed in a rear yard location and shall meet all rear yard setback requirements as an accessory structure and shall have a maximum array size of two hundred forty (240) square feet.

      3.   Maximum height for freestanding unit shall be fifteen feet (15').

      4.   Attached systems can be attached to principal or accessory structures and shall not project into minimum yard setback requirement.

      5.   Roof mounted system panels (other than flat solar panels) shall only be located on the rear side of a roof facing and shall be no more in height than five feet (5') above the peak of the roof and/or shall not exceed total height of subject zoning district in which property is located.

      6.   Flat roof system panels shall be allowed on a front and/or side roof facing only if they are mounted flat against the roof surface or incorporated into roofing surface material.

      7.   System shall be secured from climbing or unauthorized access.

      8.   If system is nonfunctional or inoperative for a continuous one-year time period it shall be deemed abandoned and shall be required to be removed within ninety (90) days.

      9.   System shall have non-reflective and neutral color with no advertising or logos on system panels and/or supporting structure other than a small identification of the manufacturer.

      10.   All electric circuits shall be underground or in conduits attached to structures.

      11.   System shall comply with adopted Building and Fire Codes and all other applicable State and Federal regulations.

   (B)   Large Solar Energy System: An on-site multiple unit solar energy system that is incidental and subordinate to a principal use and/or structure serving the needs of AG, SE, B-2, B-3, B-4, I-1, and I-2 Zoning Districts.

      1.   Large multiple unit systems shall be allowed as permitted uses in the above identified zoning districts if it meets conditions in this title.

      2.   Large multiple unit freestanding systems shall only be allowed in a rear yard location and shall meet all rear yard setback requirements as an accessory structure.

      3.   Maximum height for freestanding units shall be fifteen feet (15').

      4.   Attached systems can be attached to principal or accessory structures and shall not project into minimum yard setback requirement.

      5.   Roof mounted system panels (other than flat solar panels) shall only be located on the rear side of a roof facing and shall be no more in height than five feet (5') above the peak of the roof and/or shall not exceed total height of subject zoning district in which property is located.

      6.   Flat roof system panels shall be allowed on a front and/or side roof facing only if they are mounted flat against the roof surface or incorporated into roofing surface material.

      7.   System shall be secured from climbing or unauthorized access.

      8.   If system is nonfunctional or inoperative for a continuous one-year time period it shall be deemed abandoned and shall be required to be removed within ninety (90) days.

      9.   System shall have non-reflective and neutral color with no advertising or logos on system panels and/or supporting structure other than a small identification of the manufacturer.

      10.   All electric circuits shall be underground or in conduits attached to structures.

      11.   System shall comply with adopted Building and Fire Codes and all other applicable State and Federal regulations.

   (C)   Solar Farm: An on-site multiple unit solar energy system, independent of a principal use and/or structure, serving the needs of AG, I-1, and I-2 Zoning Districts.

      1.   Large multiple unit systems shall be allowed as permitted uses in the above identified zoning districts if it meets conditions in this title.

      2.   Maximum height for freestanding units shall be fifteen feet (15').

      3.   System shall be secured from climbing or unauthorized access.

      4.   If system is nonfunctional or inoperative for a continuous one-year time period it shall be deemed abandoned and shall be required to be removed within ninety (90) days.

      5.   System shall have non-reflective and neutral color with no advertising or logos on system panels and/or supporting structure other than a small identification of the manufacturer.

      6.   All electric circuits shall be underground or in conduits attached to structures.

      7.   System shall comply with adopted Building and Fire Codes and all other applicable State and Federal regulations.

   (D)   Small Wind Energy System: An assembly of components which converts the kinetic energy in wind into usable electrical, mechanical, or thermal energy, consisting of a single wind turbine and associated control equipment. May be installed on a principal or accessory structure (building-mounted) on all Suburban Estate, Agricultural, Conservation, B-2, B-3, B-4, I-1, and I-2 Zoning Districts.

      1.   Shall incorporate a low-profile design with a maximum operating width or rotor diameter of twelve feet (12') for any turbine.

      2.   A building-mounted system may extend twenty feet (20') above the highest point of the roof structure.

      3.   Building-mounted systems shall be set back 1.5 times the minimum principal structure setback or ten feet (10'), whichever is greater.

      4.   Shall have a minimum clearance of twenty feet (20') from grade to any moving component.

      5.   Shall be secured from climbing and unauthorized access.

      6.   Lattice or guyed towers shall not be utilized. Tower and exposed system components shall be non-reflective white, gray, or a similar neutral color as approved by the Zoning Administrator.

      7.   Shall display no unlawful signs.

      8.   Applicant shall provide notice to the local electric utility company and submit a copy of an approved net metering agreement to the City prior to obtaining a building permit.

      9.   Each lot shall be allowed one system with a single operating turbine, regardless of mounting or installation type. Multiple turbine systems may be allowed with approval of a special use permit where an applicant demonstrates that the installations will integrate into the architectural design of the building or site and will minimize visual and nuisance impacts to adjoining properties.

      10.   Shall not exceed noise standards of sixty (60) dBA, measured at the property line.

      11.   A special use permit shall be required. Application documents shall include elevation drawings and also facade renderings which accurately depict the proposed installation as viewed from street level from all directions.

      12.   Any wind energy system which is inoperable or abandoned for a period of twelve (12) consecutive months must be repaired or removed within ninety (90) days following notice from the Zoning Administrator.

   (E)   Geothermal Energy: Renewable energy generated from the interior of the earth and used to produce energy for heating buildings or serving building commercial or industrial processes. Ground source heat pump systems shall be deemed an accessory structure, permissible in all zoning districts.

Ground Source Heat Pump System refers to a system that uses the relatively constant temperature of the earth or a body of water to provide heating in the winter and cooling in the summer. System components include closed loops of pipe, coils or plates; a fluid that absorbs and transfers heat; and a heat pump unit that processes heat for use or disperses heat for cooling; and an air distribution system. The energy must be used on-site. Closed Loop Ground Source Heat Pump System refers to a system that circulates a heat transfer fluid, typically food-grade antifreeze, through pipes or coils buried beneath the land surface or anchored to the bottom in a body of water.

      1.   All components of Ground Source Heat Pump System including pumps, borings and loops shall be set back at least five feet (5') from interior and rear lot lines.

      2.   All components of Ground Source Heat Pump System shall not encroach on easements.

      3.   Ground Source Heat Pump System are prohibited in surface waters, except for stormwater ponds where they are permitted.

      4.   Only Closed Loop Ground Source Heat Pump System utilizing Illinois Department of Public Health approved heat transfer fluids are permitted.

      5.   Ground source heat pumps are considered mechanical equipment and subject to the requirements of this title.

      6.   The energy produced by a Ground Source Heat Pump System must be used on-site.

      7.   A Ground Source Heat Pump System that is allowed to remain in a nonfunctional or inoperative state for a period of twelve (12) consecutive months, and which is not brought in operation within the time specified by the City after notification to the owner or operator of the Ground Source Heat Pump System, shall be presumed abandoned and may be declared a public nuisance subject to removal at the expense of the operator. (Ord. 18-08, 6-3-2019)

   (A)   Purpose and Applicability: It is the intent and purpose of this Section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City of East Moline. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time. and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

   (B)   Special Use: Adult-Use Cannabis Business Establishment facilities, as defined herein, requiring approval of a special use in the respective districts in which they are requested shall be processed in accordance with Chapter 23 (Special Uses) of this Title and division (C) (Adult-Use Cannabis Facility Components) as provided herein.

   (C)   Adult-Use Cannabis Facility Components: In determining compliance with Chapter 23 (Special Uses) of this Title, the following components of the Adult-Use Cannabis Facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

      1.   Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

      2.   Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

      3.   Hours of operation and anticipated number of customers/employees,

      4.   Anticipated parking demand based on Chapter 24 and available private parking supply.

      5.   Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

      6.   Site design, including access points and internal site circulation.

      7.   Proposed signage plan.

      8.   Compliance with all requirements provided in division (D) (Adult-Use Cannabis Craft Grower); division (E) (Adult-Use Cannabis Cultivation Center); division (F) (Adult-Use Cannabis Dispensing Organization); division (G) (Adult-Use Cannabis Infuser Organization); division (H) (Adult-Use Cannabis Processing Organization); or division (I) (Adult-Use Cannabis Transporting Organization), as applicable.

      9.   Other criteria determined to be necessary to assess compliance with Chapter 23 (Conditional Uses) of this Title.

   (D)   Adult-Use Cannabis Craft Grower: In those zoning districts in which an Adult-Use Cannabis Craft Grower may be located, the proposed facility must comply with the following:

      1   Facility may not be located within 750 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located within 250 feet of the property line of a pre-existing property zoned for residential purposes.

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

      4.   For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as “wholesale or warehouse” per Section 10-24-4 (Schedule of Off-Street Parking Requirements), provided, however, that the City may require that additional parking be provided as a result of the analysis completed through the Special Use process.

      5.   Petitioner shall file an affidavit with the City affirming compliance with division (D) as provided herein and all other requirements of the Act.

   (E)   Adult-Use Cannabis Cultivation Center: In those zoning districts in which an Adult-Use Cannabis Cultivation Center maybe located, the proposed facility must comply with the following:

      1.   Facility may not be located within 750 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located within 250 feet of the property line of a pre-existing property zoned for residential purposes.

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

      4.   For purposes of determining required parking, Adult-Use Cannabis Cultivation Centers shall be classified as “wholesale or warehouse” per Section 10-24-4 (Schedule of Off- Street Parking Requirements), provided, however, that the City may require that additional parking be provided as a result of the analysis completed through the Special Use process.

      5.   Petitioner shall file an affidavit with the City/Village affirming compliance with division (E) as provided herein and all other requirements of the Act.

   (F)   Adult-Use Cannabis Dispensing Organization: In those zoning districts in which an Adult-Use Cannabis Dispensing Organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within 750 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned for residential purposes.

      3.   At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act. and no dispensing organization shall also sell food for consumption on the premises other than as authorized in division (F)5. below in the same tenant space

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

      5.   Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by division (J) (Additional Requirements’) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing as provided in the City of East Moline Municipal Code.

      6.   For purposes of determining required parking, said facilities shall be classified as “retail, freestanding and shopping centers” per Section 10-24-4 (Schedule of Off-Street Parking Requirements) of the City of East Moline Municipal Code, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through the Special Use process.

      7.   Petitioner shall file an affidavit with the City affirming compliance with division (F) as provided herein and all other requirements of the Act.

   (G)   Adult-Use Cannabis Infuser Organization: In those zoning districts in which an Adult-Use Cannabis Infuser Organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within 750 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned for residential purposes.

      3.   At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking, said facilities shall be classified as “wholesale or warehouse” per Section 10-24-4 (Schedule of Off-Street Parking Requirements) of the City of East Moline Municipal Code, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through the Special Use process.

      5.   Petitioner shall file an affidavit with the City affirming compliance with division (G) as provided herein and all other requirements of the Act.

   (H)   Adult-Use Cannabis Processing Organization: In those zoning districts in which an Adult-Use Cannabis Processing Organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within 750 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned for residential purposes.

      3.   At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to die activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking, said facilities shall be classified as “wholesale or warehouse” per Section 10-24-4 (Schedule of Off-Street Parking Requirements) of the City of East Moline Municipal Code, provided, however, that the City may require that additional parking be provided as a result of the Special Use process.

      5.   Petitioner shall file an affidavit with the City affirming compliance with division (H) as provided herein and all other requirements of the Act.

   (I)   Adult-Use Cannabis Transporting Organization: In those zoning districts in which an Adult-Use Transporting Organization may be located, the proposed facility must comply with the following:

      1.   Facility may not be located within 750 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

      2.   Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned for residential purposes.

      3.   The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

      4.   For purposes of determining required parking, said facilities shall be classified as “wholesale or warehouse” per Section 10-24-4 (Schedule of Off-Street Parking Requirements’) of the City of East Moline Municipal Code, provided, however, that the City may require that additional parking be provided as a result of the Special Use process.

      5.   Petitioner shall file an affidavit with the City affirming compliance with division (I) as provided herein and all other requirements of the Act.

   (J)   Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an Adult-Use Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act.

   (K)   Co-Location of Cannabis Business Establishments. The City may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Special Use criteria within the City of East Moline Municipal Code. In a co-location, the floor space requirements of divisions (F)3. and (G)3. shall not apply, but the co-located establishments shall be the sole use of the tenant space. (Ord. 19-28, 10-21-2019)