The municipality is divided into the following types of districts:

A Agricultural

R-1 Single-Family Residential only

R-2 Multiple-Family Residential

P-R Planned Residential

B-1 Central Business District

B-2 General Retail District

I-1 Light Industrial District (FAR 2.0)

I-2 Heavy Industrial District (FAR 5.0)

CE Country Estates

(Code 2008, § 17.60; Ord. No. 09-15, § I(17.60), 11-2-2009)

(a)

Any land which may be annexed to the city shall be classified in accordance with the following schedule:

(b)

Special uses existing when land is annexed to the city shall continue including all conditions or restrictions imposed when the special use was authorized.

(Code 2008, § 17.60; Ord. No. 09-15, § I(17.60), 11-2-2009)

These districts are bounded and defined as shown on the maps entitled Zoning Districts, Eureka, Illinois, which accompany, and which, with all explanatory matter thereon, are made a part of this chapter as if fully set out herein.

(Code 2008, § 17.70; Ord. No. 09-15, § I(17.70), 11-2-2009)

(a)

All property within the corporate limits of the municipality is under the jurisdiction of this chapter.

(b)

All properties within 1½ miles of the corporate limits of the municipality is under the jurisdiction of this chapter.

(c)

Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following the centerlines of streets or highways, street lines or highway right-of-way lines, such centerlines, street lines, or highway right-of-way lines shall be construed to be such boundaries.

(2)

Where district boundaries are so indicated that they approximately follow the lot lines, such lot lines shall be construed to be said boundaries.

(3)

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the centerlines or right-of-way lines of highways, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the zoning map. If no distance is given, such dimension shall be determined by the use of the scale shown on the zoning map.

(4)

Where the boundary of a district follows a railroad line, such boundary shall be deemed to be located midway between the main tracks of said railroad line.

(5)

In areas not subdivided into lots and blocks, the district boundary lines shall be determined by scale to the nearest ten feet.

(6)

All streets, alleys, public ways, and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting. Where the centerline of a street, alley, public way or railroad right-of-way serves as a district boundary, the zoning of such areas, when not otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such centerline.

(d)

Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map or in other circumstances are not covered by the subsections (c)(1) through (6) of this section, the planning and zoning commission shall interpret the district boundaries.

(Code 2008, § 17.80; Ord. No. 09-15, § I(17.80), 11-2-2009)

(a)

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

(b)

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

(c)

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

(d)

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

(Code 2008, § 17.90; Ord. No. 09-15, § I(17.90), 11-2-2009)

The purpose of the agricultural district regulations is to provide for certain lands in the outlying areas of the city prior to development of those areas into subdivisions. The agricultural district is intended to regulate those areas within the city predominantly devoted to agricultural uses and which it is desired to maintain and encourage such open use of land.

(1)

If public water is available within 150 feet of the property and/or the property is contiguous to the city, the property must be annexed and required to connect to the public water supply before any new construction.

(2)

If public sewer is available within 300 feet of the property and/or the property is contiguous to the city the property must be annexed and required to connect to the public water supply and sanitary sewer system before any new construction.

(Code 2008, § 17.100; Ord. No. 09-15, § I(17.100), 11-2-2009)

(a)

No building premises or land shall be used and no building shall be hereafter erected or altered on an A Agricultural District, unless otherwise provided for in this chapter.

(b)

The following uses are permitted in the agricultural district subject to the following conditions:

(1)

Agriculture.

(2)

Community buildings (churches, grange halls, and the like).

(3)

Dwellings, single-family.

(4)

Forest preserves.

(5)

The raising or growing of livestock or poultry provided that any building housing such animals or poultry or any feed lot shall be located at least 300 feet from any residential district boundary and any sewage lagoon, manure pit or storage area shall be so located, designed, constructed and operated that no odor therefrom is noticeable at any residential district boundary.

(6)

Churches, temples, other places of public worship.

(7)

Public or private schools offering general instruction between kindergarten and twelfth grade levels, public or private colleges offering courses leading toward an associate, bachelor or advanced degree in arts and science or comparable recognized degree.

(8)

Kennels for the keeping or housing of three or more dogs, six months old or older, either as an accessory use or principal use. Any kennel shall be within a completely enclosed building, or, if outdoors, shall be completely enclosed by a woven wire fence, solid fence, or a wall. A kennel shall be located in the rear yard and at least 300 feet from any boundary of a residential zone.

(9)

Grain storage, commercial, if not nearer than 300 feet to any residence other than that of the owner or lessor of the site.

(10)

Businesses conducted in a home, provided that not more than one sign with a maximum of six square feet may be displayed setting forth such occupation and that a gravel, crushed rock, or improved access road shall be provided off the public right-of-way.

(11)

Lakes (artificial).

(12)

The raising or growing of crops and other vegetative products including ornamental plants in the open.

(13)

Parks or recreation areas operated by a unit of government or homeowners association.

(14)

Other customary accessory uses and accessory structures provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Furthermore, no accessory structure shall be constructed, placed, or made upon the property unless it shall comply with the following additional requirements:

a.

The aggregate ground floor area of all accessory structures on any single lot up to one-half acre in size shall not exceed the lesser of:

1.

1,200 square feet; or

2.

The ground floor area of the principal structure on the property.

b.

The aggregate ground floor area of all accessory structures on any single lot greater than one-half acre in size shall not exceed the following limitations:

1.

Lot size up to one acre: 1,600 square feet.

2.

Lot size larger than one acre up to two acres: 2,000 square feet.

3.

Lot size larger than two acres: no limit.

c.

An accessory structure shall not be constructed before the principal building. The accessory structure shall not be located any closer than ten feet from any other structure or building (whether an accessory structure or the main or principal structure or building) on the property or on immediately adjacent and adjoining property.

d.

The accessory structure shall not be located in, or project upon, the minimum required front yard, nor shall the accessory structure be located any closer than 2½ feet from the rear lot line and 2½ feet beginning from the rear of the house back, side lot lines of the property.

e.

The accessory structure shall not exceed in height the lesser of:

1.

22 feet in height; or

2.

The height of the main or principal structure or building on the property.

f.

Coverage shall not exceed 40 percent of the lot. For purposes of this subsection, the term "coverage" means that percentage of the plot or lot area covered by building area, inclusive of the main or principal building or structure and all accessory structures, calculated from an aerial or plan view of the lot or plot. For purposes of calculating coverage, decks, porches, and breezeways shall also be included.

g.

The floor area ratio (FAR) shall not exceed 50 percent of the lot area. For purposes of this subsection in determining the floor area ratio, the gross floor area shall include the gross floor area of the main or principal structure or building and the gross floor area of all accessory structures on the property.

(Code 2008, § 17.110; Ord. No. 09-15, § I(17.110), 11-2-2009)

The following uses are permitted as special uses when authorized by the planning and zoning commission and recommended to the city council for approval after a public hearing.

(1)

Cemeteries, mausoleums, crematories, in cemeteries of not less than 50 acres.

(2)

Municipal sewage treatment plants.

(3)

Veterinary office, animal hospitals, animal boarding and kennels (see also I-1 districts). Not within 300 feet of a residential district and animals must be in an enclosed building.

(4)

Nurseries, including the raising of plants, shrubs, and trees and the retail sale thereof; further that buildings may be erected and used for the purpose of selling said plants, shrubs, and trees, and other products related to home gardening.

(5)

Public utility substations, but not including power generation or gas manufacturing plants.

(6)

Any special use not specified within this code for an agricultural district shall be determined on a case by case basis by the planning and zoning commission.

(Code 2008, § 17.120; Ord. No. 09-15, § I(17.120), 11-2-2009)

The floor area ratio on a lot shall not exceed 50 percent. Any building in the A district used as a residence shall contain on the ground floor at least 700 square feet of livable floor space.

(Code 2008, § 17.130; Ord. No. 09-15, § I(17.130), 11-2-2009)

Each dwelling structure shall have a minimum ceiling height of eight feet over a majority of the area of the ground floor. No building shall be over three stories or a maximum of 35 feet.

(Code 2008, § 17.140; Ord. No. 09-15, § I(17.140), 11-2-2009; Ord. No. 11-02, § I, 2-21-2011; Ord. No. 12-21, § I, 11-5-2012)

Yards of the following minimum depths shall be provided:

(1)

Front yard: not less than 80 feet from the center of the road or 50 feet from the right-of-way line, whichever is greater. Where a lot is located at the intersection of two or more streets there shall be a front yard on each street side of the lot. No accessory building shall project beyond the front yard line on either street.

(2)

Side yards: each not less than 30 feet wide on each side.

(3)

Rear yard: each not less than 30 feet.

(4)

30 feet of street frontage.

(Code 2008, § 17.160; Ord. No. 09-15, § I(17.160), 11-2-2009)

Adequate off-street parking in accordance with the provisions of this chapter is required.

(Code 2008, § 17.170; Ord. No. 09-15, § I(17.170), 11-2-2009)

The purpose of the Country Estates District regulations is to provide for certain lands in the outlying areas of the city and within 1.5 miles of any corporate limit line to permit the development of low density residential subdivisions with large lots.

(Code 2008, § 17.250; Ord. No. 09-15, § I(17.250), 11-2-2009)

Where the topography of the land does not lend itself to conventional subdividing, it may, with the approval of the planning and zoning commission and the city council, be developed under the country estates classification. Country estates districts can be established to permit the development of acreage plots within the municipality and within one and one-half miles. This will permit the development of an attractive, low density type of subdivision that would be highly beneficial to the municipality.

(Code 2008, § 17.260; Ord. No. 09-15, § I(17.260), 11-2-2009; Ord. No. 19-11 , § I, 7-1-2019)

The following uses are permitted in the Country Estates District subject to the following conditions:

(1)

Single-family dwellings as defined in this chapter.

(2)

Churches or similar places of worship.

(3)

Schools.

(4)

Libraries, museums.

(5)

Public parks and playgrounds.

(6)

Existing railroad and rights-of-way.

(7)

Nurseries, truck gardening, and raising of farm crops but not raising of poultry, pets, or livestock; and provided that no building shall be erected or maintained on the property for purpose of selling products grown and raised. Horses and ponies are permitted in this district only as an accessory use on an individual one-family dwelling lot and for the pleasure of the occupants of the dwelling and their bona fide guests, and not for hire. A stable, as a principal use, for the housing of horses or ponies only of the occupants of the country estate subdivision of which it is a part, may be approved as part of the subdivision if such community facility is deemed appropriate, in which case, individual accessory stables on one-family dwelling lots shall not be permitted.

(8)

Lakes.

(9)

Other customary accessory uses and buildings, provided such uses are additional to the principal use and do not include any activity commonly conducted as a business. An accessory building shall not be constructed before the principal building, and shall be located on the same lot with the principal building and no nearer than ten feet to any part thereof; provided that no part of any accessory building may be used for residential purposes, except that domestic employees of the owners, lessee, or occupants of the principal building, and the family of such employee may have quarters in such accessory building. No accessory building shall exceed 22 feet in height. There shall be no occupancy of this premises until the permanent residence is built.

(10)

Unlighted golf courses.

(11)

Boats, campers, trucks, and other recreational vehicles shall be housed in a building.

(Code 2008, § 17.270; Ord. No. 09-15, § I(17.270), 11-2-2009)

Any building used as a residence shall have a minimum height of nine feet above the front grade level and shall contain at least 700 square feet if on one level and 1,000 square feet if on two levels of livable area, excluding the basement.

(Code 2008, § 17.280; Ord. No. 09-15, § I(17.280), 11-2-2009; Ord. No. 19-11, § I, 7-1-2019)

(a)

Lots within the one and one-half mile perimeter of corporate limits will meet, at least, the minimum size and setback requirements of all Woodford County Zoning Codes as well as Woodford County Private Sewage Disposal Ordinance.

(b)

All lots as defined in this chapter as a flag lot shall have a minimum of 30 feet of street frontage.

(1)

A flag lot is defined as a lot where the main or principal building area of the lot does not abut or adjoin a public street but is connected to such public street by a narrow strip of land which is part of the lot.

(2)

Such lots will meet, at least, the minimum size and setback requirements of all Woodford County Zoning Codes as well as Woodford County Private Sewage Disposal Ordinance.

(3)

Such lots provide for a minimum width at the public street of 30 feet, which minimum width shall be maintained from the public street to the main or principal use area, or building area, of such lot and shall not be a part of an easement, right-of-way or shared street access.

(Code 2008, § 17.290; Ord. No. 09-15, § I(17.290), 11-2-2009; Ord. No. 13-04, § I, 3-18-2013; Ord. No. 19-11 , § I, 7-1-2019)

Yards of the following minimum depths shall be provided:

(1)

Front yard shall be not less than 80 feet from the right-of-way line or 110 feet from the street centerline, when no right-of-way line exists. Where the lot is located at the intersection of two or more streets, there shall be a front yard on each side of the lot. No accessory building shall project beyond the front line of either street.

(2)

Side yards shall each be not less than 25 feet.

(3)

Rear yards shall each be not less than 50 feet.

(4)

No chainlink or wire front yard fences will be permitted. No fences will be permitted in side yards or rear yards over six feet in height.

(Code 2008, § 17.300; Ord. No. 09-15, § I(17.300), 11-2-2009)

Except as otherwise provided with respect to accessory structures, no building shall be over three stories above ground level or a maximum height of 35 feet above ground level, whichever is lesser.

(Code 2008, § 17.310; Ord. No. 09-15, § I(17.310), 11-2-2009)

(a)

Adequate off-street parking shall be provided for all vehicles owned or used.

(b)

All country estates shall be required to meet the regulations for construction of country estates as defined in the city subdivision code. Any definition or specification in conflict with this section shall be superseded by this section effective with the passage and approval of the ordinance from which this chapter is derived.

(Code 2008, § 17.320; Ord. No. 09-15, § I(17.320), 11-2-2009)

The purpose of the residential regulations is to provide for a range of sound residential environments and housing opportunities compatible with the comprehensive plan of the community, and appropriately related to the present street, highway, school, park, utility, police, fire, and other similar supporting facilities.

(Code 2008, § 17.180; Ord. No. 09-15, § I(17.180), 11-2-2009)

The following uses are permitted as special uses in the R-1 and R-2 districts after a public hearing and recommendation by the planning and zoning commission when approved by the city council.

(1)

Real estate offices, so long as the structure to be used for a real estate office is an existing building and that adequate parking is available.

(2)

Accessory commercial uses may be established in the R-1 Residential District subject to the following general requirements, restrictions and limitations, and such other restrictions, requirements and limitations as the planning and zoning commission and city council shall deem proper under the particular circumstances:

a.

The use to which the property may be put shall be limited exclusively to B-1 or B-2 Business District: assembly, storage, or the provision of service to goods or products.

b.

The one or more of the following uses accessory to a use permitted in a property shall be located within 200 feet of the primary B-1 or B-2 zoned property for which the property's use shall be accessory.

c.

The property shall not have been occupied as a residence or otherwise used for residential purposes for a period of 120 days immediately preceding the filing of the special use application.

d.

In order to preserve the residential character of the neighborhood and the property, the following restrictions on the accessory commercial use shall apply to the property:

1.

Interior window dressings, residential in character, shall be maintained on all windows, such that the accessory commercial use of the property shall not be visible from the exterior of the premises.

2.

No signs of any kind or character shall be posted, erected, or constructed upon the property.

3.

No exterior display of the accessory commercial use shall be made or permitted.

4.

No more than four vehicles shall be parked on the property at any one time, and said vehicles shall be parked in the driveway thereof.

5.

No deliveries by vendors, contractors, agents, or any supplier shall be made to or upon the property, directly or through a freight carrier, unless sufficient off-street delivery facilities are available such that any delivery vehicle shall be entirely outside of all driving lanes on city streets or highways.

6.

The accessory commercial use shall not be operated on any day after the hour of 8:00 p.m. nor before the hour of 8:00 a.m. Central Time.

7.

No bulk storage of flammable materials, or inflammable, explosive, or hazardous material shall be allowed or permitted upon the property except in such quantities as are necessary for such accessory commercial use and as shall be consumed and completely used during the standard business day. Any such unused or unconsumed materials at the end of each day shall be completely removed from the property.

8.

No noxious, offensive, or nauseous fumes, odors, or noises shall be permitted or allowed to permeate from the property, and be audible from adjacent property.

9.

No sales of any goods, products, or services shall be made from or upon the property.

10.

Certified public accounting, and other general accounting, offices so long as the structure is an existing building and that adequate off street parking is available.

11.

Tutoring facilities and classrooms so long as the structure is an existing building and that adequate off street parking is available.

12.

Child day care facilities may be established in the R-2 Multiple-Family Residential District, subject to such restrictions, requirements, and limitations as may be deemed proper under the circumstances.

(3)

Cemeteries, provided the location thereof is approved by resolution of the city council after a public hearing is held and recommendation is made by the planning and zoning commission.

(4)

Community centers.

(Code 2008, § 17.190(M); Ord. No. 09-15, § I(17.190(M)), 11-2-2009; Ord. No. 11-10, 11-7-2011)

The storage of gasoline in bulk quantities in underground storage tanks in residential zoning districts is prohibited. However, the use of propane tanks for heating in above ground tanks not to exceed 100-pound capacity is allowed in residential districts.

(Code 2008, § 17.240; Ord. No. 09-15, § I(17.240), 11-2-2009)

R-1 Residential District is intended to include those portions of the city developed predominantly with one-family dwellings or individual lots where it is deemed desirable to maintain and encourage this pattern of development or those undeveloped portions of the city in which it is deemed desirable to encourage this pattern of predominant land usage and density of populations.

(Code 2008, § 17.200(intro. ¶); Ord. No. 09-15, § I(17.200(intro. ¶), 11-2-2009)

Uses permitted in R-1 districts shall be as defined in this section:

(1)

One-family dwellings (this does not include mobile homes);

(2)

Libraries, public museums, fire stations, police stations;

(3)

Churches, temples other places of public worship;

(4)

Public or private schools offering general instruction between kindergarten and twelfth grade levels; public or private colleges offering courses leading toward an associate, baccalaureate or advanced degree in arts or science or comparable recognized degree;

(5)

Parks, recreation areas, recreation buildings operated by a unit of government; government buildings but not including storage yards or buildings for the housing of materials or similar materials, neighborhood centers, approved by the planning and zoning commission, not for profit;

(6)

Farming, truck gardening, horticultural nurseries, but not including the raising, housing, pasturing or keeping of bees, fowl or livestock;

(7)

Temporary buildings, structures and uses incidental to construction on the site, for a period not to exceed one year;

(8)

Home occupations which are of a hand-craft or service character, customarily conducted within a dwelling incidental and secondary to the use of the dwelling for living purposes and which does not have any exterior evidence of such secondary use other than a sign as provided in the chapter under signs. The occupation must conform to the following additional conditions:

a.

The amount of floor area devoted to the use must not exceed 200 square feet.

b.

No articles shall be sold or offered for sale except those produced on the premises.

c.

No equipment shall be used except of a type that is similar in character to that normally used for domestic or household purposes.

d.

No more than one person outside the family shall be employed in the home occupations.

(9)

Customary accessory uses and accessory structures provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Garage sales or yard sales are allowed as an accessory use, providing that each sale lasts no more than three consecutive days and no more than three sales are conducted on the same lot during any calendar year. Furthermore, in any R-1 district, no accessory structure shall be constructed, placed, or made upon the property unless it shall comply with the following additional requirements:

a.

The aggregate ground floor area of all accessory structures on any single lot up to one-half acre in size shall not exceed the lesser of:

1.

1,200 square feet; or

2.

The ground floor area of the principal structure on the property.

b.

The aggregate ground floor area of all accessory structures on any single lot greater than one-half acre in size shall not exceed the following limitations:

1.

Lot size up to one acre: 1,600 square feet.

2.

Lot size larger than one acre up to two acres: 2,000 square feet.

3.

Lot size larger than two acres: no limit.

c.

An accessory structure shall not be constructed before the principal building. The accessory structure shall not be located any closer than ten feet from any other structure or building (whether an accessory structure or the main or principal structure or building) on the property or on immediately adjacent and adjoining property.

d.

The accessory structure shall not be located in, or project upon, the minimum required front yard, nor shall the accessory structure be located any closer than 2½ feet from the rear lot line and 2½ feet beginning from the rear of the house back, side lot lines of the property.

e.

The accessory structure shall not exceed in height the lesser of:

1.

22 feet in height; or

2.

The height of the main or principal structure or building on the property.

f.

Coverage shall not exceed 40 percent of the lot. For purposes of this subsection, the term "coverage" means that percentage of the plot or lot area covered by building area, inclusive of the main or principal building or structure and all accessory structures, calculated from an aerial or plan view of the lot or plot. For purposes of calculating coverage, decks, porches, and breezeways shall also be included.

(Code 2008, § 17.200(A); Ord. No. 09-15, § I(17.200(A)), 11-2-2009)

Any building used as a residence shall have a minimum height of nine feet above front grade level, and shall contain on the ground floor at least 700 square feet of livable floor space. The floor area ratio on a lot shall not exceed five-tenths (50 percent) for a single-family dwelling, and five-tenths (50 percent) for a two-family dwelling. In determining the floor area ratio, the gross floor area shall include the gross floor area of all main or principal structures or buildings and the gross floor area of all accessory structures located upon the property.

(Code 2008, § 17.200(B); Ord. No. 09-15, § I(17.200(B)), 11-2-2009)

(a)

Single-family dwellings shall be constructed on a lot no less than 7,200 square feet and have a lot width at the setback line no less than 60 feet.

(b)

Required street frontage shall be 60 feet.

(Code 2008, § 17.200(C); Ord. No. 09-15, § I(17.200(C)), 11-2-2009)

Yards of the following minimum depths shall be provided:

(1)

Front yard. Not less than 20 feet unless the dwelling unit is constructed in an established area on one side of the street between two intersecting streets which is improved with buildings that have observed a front yard depth of less than 20 feet. In such established districts, the front yard depth may be the same as, but not less than, the building immediately adjacent to either side of the proposed building structure. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the lot, except that the buildable width of such lot shall not be reduced to less than 32 feet. No accessory building shall project beyond the front yard line on either street.

(2)

Side yards for residential. Each lot shall have not less than six feet from the fascia (overhang) of the building to the lot line, and the sum of the two side yards shall not be less than 12 feet.

(3)

Rear yard. Each not less than 20 feet or 20 percent of the depth of the lot, whichever is greater, but in no event shall exceed 50 feet.

(Code 2008, § 17.200(D); Ord. No. 09-15, § I(17.200(D)), 11-2-2009)

Except as otherwise provided with respect to accessory structures, no building shall be over three stories above ground level or a maximum of 35 feet above ground level, whichever is less.

(Code 2008, § 17.200(E); Ord. No. 09-15, § I(17.200(E)), 11-2-2009)

Adequate off-street parking is required in accordance with the provisions of section 78-262.

(Code 2008, § 17.200(F); Ord. No. 09-15, § I(17.200(F)), 11-2-2009)

Coverage of any lot shall not exceed 40 percent.

(Code 2008, § 17.200(G); Ord. No. 09-15, § I(17.200(G)), 11-2-2009)

(a)

Front yard fences.

(1)

Front yard fences on interior lots must be ornamental fences, not more than 48 inches in height above grade. Any fence other than an ornamental fence is not permitted in front yards on interior lots.

(2)

Front yard fences on corner lots must be ornamental fences, not more than 48 inches in height above grade; provided, however, any other fence including an ornamental fence, not more than six feet in height above grade is permitted in that front yard which the principal building or structure does not face, and provided that such fence is set back from the street line no less than ten feet or one-half the distance of that front yard, whichever is greater.

(b)

Side and rear yard fences. Side yard and rear yard fences may be either ornamental fences or any other fence, but may not exceed six feet in height above grade.

(c)

All fences must comply with the visibility requirements contained in section 78-508(c).

(d)

The applicant shall locate their property lines. The applicant shall be required to have a certified survey of his property if the property line is in dispute before construction can begin.

(e)

The face of the fence with post exposed shall be turned toward and directed into the applicant's property with the straight line of the fence without post facing turned out.

(f)

The applicant shall be required to keep all portions of the fence and post on their property.

(Code 2008, § 17.200(H); Ord. No. 09-15, § I(17.200(H)), 11-2-2009)

With the construction of any new residence, single-family, multifamily or any other new residential construction the building permit application site plan must include a yard light. Builder shall be required to install a yard light which shall operate automatically from sunset to sunrise and be located in the front yard ten feet from the front lot line and within three feet of the driveway. All wiring for any yard light shall be buried underground a minimum depth of 24 inches in accordance with the National Electrical Code. No occupancy permit shall be issued without the required yard light installation.

(Code 2008, § 17.200(I); Ord. No. 09-15, § I(17.200(I)), 11-2-2009)

The R-2 Multiple-Family Residential District is intended to include those portions of the city developed or to be developed with apartments, one-family dwellings, nursing homes, sheltered care homes and group residential facilities.

(Code 2008, § 17.210(intro. ¶); Ord. No. 09-15, § I(17.210(intro. ¶)), 11-2-2009)

The following uses are permitted in the R-2 district:

(1)

Any use permitted in an R-1 district.

(2)

Two-family dwellings.

(3)

Multifamily residences; sheltered care homes, nursing homes; hospitals for humans; homes for developmentally disabled; subject to the restrictions herein set forth for such uses. Upon approval of the planning and zoning commission one or more of the following uses may be established clearly incidental to a multifamily residence, sheltered care home or nursing home; restaurant, office of a doctor, dental or similar practitioner in the healing arts. Other incidental uses may be approved by the planning and zoning commission. Such incidental use shall be allowed only if the primary use and benefit is for the occupants of the principal use.

(4)

Multiple-family dwelling. Floor area requirement for one-bedroom units shall be a minimum of 700 square feet per unit, two-story multiple family dwelling units shall be 1,100 square feet subject to the approval of the planning and zoning commission and the city council.

(5)

Roominghouses and boardinghouses where lodging is provided for compensation to three or more but not more than 20 persons.

(6)

Funeral homes and undertaking parlors.

(7)

Private or fraternal clubs, lodges, fraternities and sororities, except those whose chief activity is primarily a business in nature.

(8)

Mobile home parks subject to special use regulation.

(9)

Townhouses subject to special use regulations.

(10)

Tourist homes.

(11)

Dormitories.

(12)

Day care homes which receive more than three up to a maximum of 12 children for less than 24 hours per day, as defined in the Illinois Child Care Act of 1969, as a special use.

(13)

Group day care homes which receive more than three up to a maximum of 16 children for less than 24 hours per day, as defined in the Illinois Child Care Act of 1969, as a special use as defined in this chapter.

(14)

Adoption-only homes which receive only children whose parents' parental rights have been terminated or surrendered, as defined in the Illinois Child Care Act of 1969, as a special use as defined in this chapter.

(15)

Day care centers which regularly provide day care for less than 24 hours per day for more than eight children in a family home as defined in the Illinois Child Care Act of 1969, and as a special use as defined in this chapter.

(16)

Clubs and lodges, excepting such clubs or lodges the chief activity of which is a service customarily carried on as a business or primarily for gain. In conjunction with such club or lodge a dining room may be operated provided it is incidental to the activities of said club or lodge, and is conducted for the benefit of the members thereof only, and further provided no sign is displayed advertising such activity.

(17)

Detached two-family dwelling construction.

(18)

Customary accessory uses and accessory structures provided such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Garage sales or yard sales are allowed as an accessory use, providing that each sale lasts no more than three consecutive days and no more than three sales are conducted on the same lot during any calendar year. Furthermore, in R-2 districts, no accessory structure shall be constructed, placed, or made upon the property unless it shall comply with the following additional requirements:

a.

Where the principal use of the property is for single-family residence or two-family residences, the requirements and restrictions hereinabove contained in this section shall apply.

b.

Where the principal use of the property is multifamily dwellings in excess of two-family residences, the following restrictions and requirements shall apply:

1.

The sum of the square feet of all private garages shall not exceed 300 square feet multiplied by the number of dwelling units located upon the property; provided, however, there shall be permitted one additional accessory structure, not to exceed 576 square feet. Notwithstanding any other provision of this zoning code, no business, service or industry may be carried on or conducted in any private garage or other accessory structure.

2.

An accessory structure shall not be constructed before the principal building. The accessory structure shall not be located any closer than ten feet from any other structure or building (whether an accessory structure or the main or principal structure or building) on the property or on immediately adjacent and adjoining property.

3.

The accessory structure shall not be located in, or project upon, the minimum required front yard, nor shall an accessory structure be located and closer than 2½ feet from the rear lot line or 2½ feet beginning from the rear of the house back, side lot lines of the property.

4.

Coverage shall not exceed 60 percent. For purposes of this section, the term "coverage" means that percentage of the plot or lot area covered by building area, inclusive of the main or principal building or structure and all accessory structures, calculated from an aerial or plan view of the lot or plot. For purposes of calculating coverage, decks, porches, and breezeways shall also be included.

5.

No accessory structure shall exceed in height the lesser of 22 feet in height or the height of the shortest main or principal structure or building located upon the property.

(Code 2008, § 17.210(A); Ord. No. 09-15, § I(17.210(A)), 11-2-2009; Ord. No. 20-12 , § I, 12-21-2020)

The floor area ratio on a lot shall not exceed 1 4/10 (140 percent). In determining the floor area ratio, the gross floor area shall include the gross floor area of all main or principal structures or buildings and the gross floor area of all accessory structures located upon the property.

(Code 2008, § 17.210(B); Ord. No. 09-15, § I(17.210(B)), 11-2-2009)

(a)

Single-family dwellings. Each single-family dwelling shall be erected on a lot having an area of not less than 7,200 square feet and having a lot width of not less than 65 feet.

(b)

Two-family dwellings. Each two-family dwelling having common ownership shall be erected on a lot area of not less than 7,200 square feet and a width of not less than 75 feet.

(c)

Zero lot line duplexes. Zero lot line duplexes may be severed so long as each resulting lot contains an area of not less than 5,000 square feet and a lot width of not less than 49 feet six inches and otherwise complies with this zoning code. Zero lot line duplexes are subject to special use regulations as defined in this chapter.

(d)

Multifamily dwellings.

(1)

Each multifamily (more than two families) dwelling containing units of 700 square feet or less shall be erected on a lot having an area of not less than 2,500 square feet per unit and a lot width of not less than 75 feet.

(2)

Each multifamily (more than two families) dwelling containing units having more than 700 square feet shall be erected on a lot having an area of not less than 3,000 square feet per unit and a lot width of not less than 75 feet.

(Code 2008, § 17.210(C)(1)—(4); Ord. No. 09-15, § I(17.210(C)(1)—(4)), 11-2-2009)

Yards of the following minimum depths shall be provided:

(1)

Front yard. Not less than 20 feet unless the dwelling unit is constructed in an established area on one side of the street between two intersecting streets which is improved with buildings that have observed a front yard depth of less than 20 feet. In such established districts, the front yard depth may be the same as, but not less than, the building immediately adjacent to either side of the proposed building structure. Where a lot is located at the intersection of two or more streets, there shall be a front yard on each street side of the lot, except that the buildable width of such lot shall not be reduced to less than 32 feet. No accessory building shall project beyond the front yard line on either street.

(2)

Side yard. Each lot shall have not less than six feet from the fascia (overhang) of the building to the lot line, and the sum of the two side yards shall not be less than 12 feet.

(3)

Side yard required for zero lot line duplexes. Only one side yard of six feet need be provided for each dwelling unit, and on a corner lot, there shall be two front yards of not less than 25 feet facing each of the streets. For zero lot line duplexes in R-2 districts, each side yard shall have not less than six feet from the fascia (overhang) of the building to the lot line, and the sum of the two side yards shall not be less than 12 feet.

(4)

Rear yard. Each not less than 20 feet or 20 percent of the depth of the lot, whichever is greater, but in no event shall exceed 50 feet.

(Code 2008, § 17.210(C)(4)(a); Ord. No. 09-15, § I(17.210(C)(4)(a)), 11-2-2009)

Except as otherwise provided with respect to accessory structures, no building shall be over three stories above ground level or a maximum height of 35 feet above ground level, whichever is less.

(Code 2008, § 17.210(C)(4)(b); Ord. No. 09-15, § I(17.210(C)(4)(b)), 11-2-2009)

Adequate off-street parking in accordance with the provisions of section 78-510.

(Code 2008, § 17.210(C)(4)(c); Ord. No. 09-15, § I(17.210(C)(4)(c)), 11-2-2009)

Coverage of any lot shall not exceed 60 percent.

(Code 2008, § 17.210(C)(4)(d); Ord. No. 09-15, § I(17.210(C)(4)(d)), 11-2-2009)

(a)

Fences and any part of the underground support shall remain on the builder's property.

(b)

Front yard fences.

(1)

Front yard fences on interior lots must be ornamental fences, not more than 48 inches in height above grade. Any fence other than an ornamental fence is not permitted in front yards on interior lots.

(2)

Front yard fences on corner lots must be ornamental fences, not more than 48 inches in height above grade; provided, however, any other fence, including an ornamental fence, not more than six feet in height above grade, is permitted in that front yard which the principal building or structure does not face, and provided that such fence is set back from the street line no less than ten feet or one-half of the distance of that front yard, whichever is greater.

(3)

All regulations for a fence in R-1 districts shall apply.

(c)

Side and rear yard fences. Side yard and rear yard fences may be ornamental fences or any other fence, but may not exceed six feet in height above grade.

(d)

All fences must comply with the visibility requirements contained in section 78-508(c).

(e)

The applicant shall locate their property lines. If the property line is undefined and any dispute over the location of said property line arises, the applicant shall be required to have a certified survey done before construction.

(f)

The face of the fence with post exposed shall be turned toward and directed into the applicant's property with the straight line of the fence without post facing turned out.

(g)

The applicant shall be required to keep all portions of the fence and post on their property.

(Code 2008, § 17.210(C)(4)(e), (5)—(12); Ord. No. 09-15, § I(17.210(C)(4)(e), (5)—(12)), 11-2-2009)

Duplexes will conform to the following conditions:

(1)

Each dwelling unit in an R-2 district must have a floor area of not less than 700 total square feet on one level. If two levels, there must be no less than 1,000 total square feet. The areas of garages, porches, cellars and basements shall not be included.

(2)

Each dwelling unit in an R-2 district must have no less than 35 percent of the width of the surface on the ground floor facing the street upon which the dwelling is addressed devoted primarily to dwelling purposes (and not to or for garage purposes). The percentage of the width of the surface on the ground floor shall be determined by measuring the total surface facing the street upon which the dwelling is addressed at ground level and measuring the surface of that portion of the dwelling unit devoted primarily to dwelling purposes.

(3)

Each dwelling unit must have separate services including water and sewer services with individual shut offs for each unit and all other utilities with separate meters.

(4)

Each dwelling unit must otherwise meet the requirements of this zoning code, including, but not by way of limitation, lot areas, yard requirements, building heights, and accessory buildings.

(5)

Fire-rated walls, as per the adopted International Building Code, shall be required between each dwelling unit when:

a.

Units are attached.

b.

Detached or semi-detached units have less than 12 feet between adjacent structures. This measurement is measured from the overhang or greatest protrusion.

c.

When any building is constructed closer than six feet to the subdivision line of a lot designated as zero lot line.

(6)

Each dwelling unit located on a single lot not designated as zero lot line, may have only one owner for both units.

(7)

Each dwelling unit located on a single lot designated as zero lot line may be subdivided and owned by two separate owners when the following conditions have been met:

a.

Each resulting lot will have a minimum of 5,000 square feet or more. The resulting lots are not required to be of equal dimensions as long as the minimum square feet are met. Example: an odd shaped lot with 12,000 square feet can be divided so one lot has 5,000 square feet minimum and the other resulting lot can have 7,000 square feet.

b.

The lot was designated and approved as zero lot line by the planning and zoning commission.

c.

The dwelling units meet the requirements of a zero lot as set forth in this chapter.

(Code 2008, § 17.150; Ord. No. 09-15, § I(17.150), 11-2-2009; Ord. No. 11-23, § I, 12-5-2011)

It is the intent and purpose of the R-P Planned Residential District to encourage the total planning of large un-subdivided or undeveloped tracts, rather than lot-by-lot development. Established uses within the district, such as farming, golf course, parks, large estates or institutional uses would be permitted to continue and to be improved and expanded, it being the intent of these district regulations to provide a framework within which the conversion of such land to residential uses may be accomplished.

(Code 2008, § 17.230(A); Ord. No. 09-15, § I(17.230(A)), 11-2-2009)

No building or premises shall be used and no building shall be hereafter erected or altered within any R-P Planned Residential District unless otherwise provided for in this division, except for the following uses:

(1)

Farming, truck gardening, horticultural nurseries, but not including the raising, housing, pasturing or keeping of bees, fowl or livestock within 300 feet of a lot line.

(2)

Parks, recreation areas, recreation buildings or operation by a unit of government; nature preserves.

(3)

Country clubs, golf courses not conducted as a business or for profit.

(4)

Planned unit development, which may consist of individual building sites for one or more of the following: one-family dwellings, two-family dwellings, row or town houses, garden apartments, high rise apartments; sheltered care facilities nursing homes, residential hotels; together with common property such as a park, recreation area, recreation building or facility, off-street parking areas or facilities.

(5)

Signs subject to approval by the planning and zoning commission.

(Code 2008, § 17.230(B); Ord. No. 09-15, § I(17.230(B)), 11-2-2009)

(a)

Location. A planned unit development shall be located on a tract having a gross area of at least ten acres.

(b)

Floor area ratio. The total area of all floors in all buildings on the tract shall not exceed 80 percent of the gross area of the tract. Open space: The total area of the open space, including streets, drives, open parking areas, open recreation areas and landscaped areas, shall be at least 85 percent times the total floor area.

(c)

Total area of open space. The total area of the open space exclusive of that in streets, drives, and open parking areas shall be at least one-half the total floor area.

(d)

Building height. No building shall hereafter be erected or altered to exceed 35 feet in height.

(e)

Yards and courts. Yards and courts shall be provided to assure adequate privacy, essential uses. Yard depth shall assure adequate distances between building walls on the property and on abutting off-site properties. The size, number, and location of courts shall be determined in accordance with the procedures and standards set forth.

(1)

Space between buildings. The minimum horizontal distance between the buildings shall be:

a.

15 feet between clustered or "zero lot line" single-family detached buildings.

b.

20 feet between single-family detached dwellings.

c.

30 feet between buildings, other than single-family detached dwellings, of one or 2½ stories in elevation.

d.

Equal to the height of the taller building in the case of freestanding buildings greater than 2½ stories in elevation.

(2)

Yards. The required yards along the periphery of the planned unit development shall be at least equal in width or depth to that of the adjacent zoning district.

a.

Buildings of more than 24 feet in height shall provide a setback from any property line of not less than equal to the height of such buildings.

b.

Notwithstanding, yards along the external boundary of the planned unit development shall be provided as specified in single-family residential and multifamily sections of this chapter.

(f)

Off-street parking. Off-street parking shall be provided at the rate of two spaces for each dwelling unit.

(Code 2008, § 17.230(C)—(F); Ord. No. 09-15, § I(17.230(C)—(F)), 11-2-2009)

(a)

Site plan approval of a planned unit development shall first be obtained from the planning and zoning commission. Site plans therefor shall be submitted to the commission for its approval, modification or disapproval. Such plans shall show; lot lines; building placement and type; width of bounding streets; the location and size of all interior streets, drives, parking areas, height of buildings; landscaping; and distance between buildings; parking and such other details as deemed necessary by the planning and zoning commission to show the complete planned development.

(b)

In its deliberation, the planning and zoning commission shall give due consideration to the probable effect the proposal would have on surrounding land uses; the adequacy of existing water and sewer utilities serving the site; the relation of the building height and mass to surrounding structures; the effect the project will have as a traffic generator on streets giving access to the site, and desirable outlook, adequate natural light and ventilation, convenient access to and around the building and may request any additional information they require to make their decision.

(c)

The planning and zoning commission may approve the plans as submitted, may approve the plans subject to modification or may disapprove the plan. The planning and zoning commission decision in each case shall be in writing, spread upon the minutes of the commission, with copies to the applicant and the city council.

(Code 2008, § 17.230(G); Ord. No. 09-15, § I(17.230(G)), 11-2-2009)

The purpose of the Commercial Districts is to accommodate businesses by the grouping of compatible businesses in areas well located to serve the needs of the individual businesses and those of the community; and also to create convenience to the public, by minimizing traffic congestion, discouraging unsightly and inefficient business development, and promoting business prosperity and shopping convenience.

(Code 2008, § 17.330; Ord. No. 09-15, § I(17.330), 11-2-2009)

Local retail districts are designed for the convenience shopping of those people residing in the adjacent neighborhood residential areas; and to permit only such uses as are necessary to satisfy these limited basic shopping needs which occur daily or frequently, thus requiring shopping facilities close to residences.

(Code 2008, § 17.340(intro. ¶); Ord. No. 09-15, § I(17.340(intro. ¶)), 11-2-2009)

(a)

The following uses are permitted in the B-1 district:

(1)

Dwelling units and lodging rooms, provided that they are not located on the ground floor of buildings, nor on the same floor as a business use.

(2)

Additional uses as follows:

Apartments, when ancillary to a business use.

Bakeries.

Banks.

Barbershops.

Beauty parlors.

Battery stations, tire repair shops and gasoline service stations.

Bus stations.

Dairies.

Home, regional, district, and branch offices of manufacturing, commercial, service, and industrial companies and corporations where only executive, administrative, and clerical functions are performed.

Hotels and motels.

Stores for the collection and distribution of laundry and dry cleaning articles, but not for treatment, cleaning or processing of such articles, unless with nonflammable liquids.

Libraries and reading rooms.

Medical and dental clinics, excluding hospitals and animal clinics.

Municipal, state, or federal administrative or service buildings.

Museums.

Offices of doctors, dentists, optometrists, lawyers, architects, engineers, and similar professions.

Offices for educational, fraternal, professional, and religious organizations.

Photograph and art studios.

Printing and publishing establishments.

Public buildings, libraries, fire stations, police stations and post offices but no schools.

Public garages.

Recreation.

Real estate and insurance company offices.

Restaurants.

Shops for electrical work, plumbing, steam fitting, tinsmiths, lock smithing, painting, decorating and upholstering.

Stores, shops, showrooms and salesrooms for the conduct of retail business.

Tailor, millinery and dressmaking shops.

Theaters.

Temporary buildings for construction purposes for a period not to exceed the duration of such construction.

Professional offices.

(b)

Any use not so specified shall be determined on a case by case basis by the planning and zoning commission.

(Code 2008, § 17.340(A); Ord. No. 09-15, § I(17.340(A)), 11-2-2009)

The following use is permitted as a special use when recommended by the planning and zoning commission after a public hearing and authorized by the city council.

(1)

Electric or telephone substations and other governmental and utility service uses.

(2)

Day care centers which regularly provide day care for less than 24 hours per day for more than three children in a facility other than a family home, as defined in the Illinois Child Care Act of 1969.

(3)

Churches and other religious organizations.

(Code 2008, § 17.340(B); Ord. No. 09-15, § I(17.340(B)), 11-2-2009)

The numerical value obtained by dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building or buildings are located. The floor area ratio shall not exceed eight-tenths (80 percent).

(Code 2008, § 17.340(C); Ord. No. 09-15, § I(17.340(C)), 11-2-2009)

The net land area for each business establishment shall not be less than 5,000 square feet.

(Code 2008, § 17.340(D); Ord. No. 09-15, § I(17.340(D)), 11-2-2009)

(a)

Front yard. There shall be no front yard required.

(b)

Side yard. There is no side yard required, but if provided, a side yard shall be no less than three feet in width. There shall be provided a side yard along any lot line which adjoins a residential district; it shall be not less than ten feet in width.

(c)

Rear yard. There shall be a rear yard not less than ten feet in depth but the rear yard need not exceed the ten feet in depth; however, when a rear lot line abuts an alley, one-half the width of such alley may be counted toward satisfaction of the rear yard requirement.

(Code 2008, § 17.340(E); Ord. No. 09-15, § I(17.340(E)), 11-2-2009)

No building shall be over three stories above ground level or a maximum height of 35 feet above ground level, whichever is lesser. Ground level shall be determined by street grade/elevation.

(Code 2008, § 17.340(F); Ord. No. 09-15, § I(17.340(F)), 11-2-2009)

Adequate off-street parking and loading in accordance with the provisions of section 78-510.

(Code 2008, § 17.340(G); Ord. No. 09-15, § I(17.340(G)), 11-2-2009)

(a)

All bank complexes, business, service, repair or processing, storage, or merchandise display shall be conducted wholly within an enclosed building except for off-street automobile parking and off-street loading. Off-street staging/loading areas shall allow for five cars within the property boundaries.

(b)

Not more than six persons including owners or managers shall be engaged at any time in fabricating, repairing, or other processing of goods in any establishment.

(Code 2008, § 17.340(H); Ord. No. 09-15, § I(17.340(H)), 11-2-2009)

Tables, chairs, benches and umbrellas or other forms of permanent seating shall be permitted upon sidewalks and within municipal rights-of-way within any B-1 Central Business District upon compliance with the following list of requirements and upon the approval of an application for a building permit by the city. Such temporary fixtures shall be permitted between May 1 and November 1 upon approval by the city with the following requirements.

(1)

Applicant shall file an application for a building permit with the city and receive approval by the zoning administrator prior to such use.

(2)

Applicant shall provide upon approval of said permit, and annually thereafter, a certificate of insurance listing the city as additional insured on the applicant's liability insurance policy in the minimum amount of $1,000,000.00 per occurrence.

(3)

No permitted device or fixture shall extend farther than four feet from an existing building, except umbrellas that comply with subsection (4) of this section.

(4)

Umbrellas, if the subject of this permit, shall maintain a minimum height above the ground surface of six feet eight inches.

(5)

Owner shall maintain all fixtures or devices in good condition and shall be responsible at all times for any fixture or related device placed on said sidewalk or right-of-way.

(6)

The minimum width remaining for pedestrian walkway after installation of such devices or fixtures shall be five feet.

(7)

The violation of any of the above provisions shall be reason for revocation of said permit by the zoning administrator.

(Code 2008, § 17.340(I); Ord. No. 09-15, § I(17.340(I)), 11-2-2009)

General retail districts are designed to cater to the needs of a larger consumer population than served by the local retail district and so are mapped typically in major shopping center locations characterized by large establishments generating larger volumes of vehicular and pedestrian traffic.

(Code 2008, § 17.350(intro. ¶); Ord. No. 09-15, § I(17.350(intro. ¶)), 11-2-2009)

The following uses are permitted in the B-2 district:

(1)

Any use permitted in B-1 districts.

(2)

Business uses may be conducted above the ground floor, but not on the same floor as residential uses.

(3)

Additional uses are as follows:

Antique shops.

Apparel shops.

Appliance stores, sales and repair.

Arcades and video game rooms.

Art and school supply stores.

Art galleries.

Automobile detailing and customizing shops, provided there is no body repair or painting performed on the premises.

Automobile parts and accessories stores.

Automobile service stations.

Banks and financial institutions.

Bicycle sales, rental and repairs.

Blue printing and photocopying establishments.

Book and stationery stores.

Bowling alleys and structures accommodating recreational activities.

Cab stands.

Camera and photographic supply stores.

Candy and ice cream stores or shops selling similar commodities where the commodities may be produced on the premises; but all such production shall be either sold at retail on the premises or sold in stores or other means owned and operated by the producing company.

Carpet and rug stores.

Car washes.

Catering establishments.

China and glassware stores.

Clothing and equipment rentals.

Coffee houses.

Coin and philatelic stores.

Convenience stores.

Currency exchanges.

Day care centers which regularly provide day care for less than 24 hours per day for more than three children in a facility other than a family home, as defined in the Illinois Child Care Act of 1969.

Department stores.

Drive-in type food and beverage sales.

Drug stores.

Dry cleaning and laundry receiving stations; processing to be done elsewhere.

Electronics and communications stores.

Employment agencies.

Florists.

Food stores, grocery stores, meat markets, bakeries, delicatessens, and package liquor stores.

Funeral homes and mortuaries.

Furniture stores, including upholstery.

Furrier shops, including the incidental storage and conditioning of furs.

Garden supply and feed stores.

Gas stations.

Gift shops.

Hardware and houseware stores.

Health and exercise clubs, gymnasiums, physical culture and health service reducing and tanning salons and masseurs.

Hobby shops.

Hotels and motels.

Hospitals, monasteries, nunneries, religious retreats, homes for aged, orphanages, and institutions of an educational, charitable, or philanthropic nature.

Interior decorating shops, including upholstery and making of draperies, slip covers, and other similar articles.

Jewelry store, including repair.

Laundries, automatic self-serve.

Leather goods and luggage stores.

Live bait.

Loan offices.

Locksmith shops.

Monument sales.

Musical instruments, sales and repairs.

Newspaper offices.

Office supply stores.

Oil change and lubrication facilities.

Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.

Paint and wallpaper stores.

Pawn shops.

Pet shops.

Photography studios, including the developing of film and pictures.

Post offices.

Public meeting halls.

Restaurants.

Restricted production and repair, limited to the following: art, needlework, clothing, custom manufacturing and alterations for retail only, jewelry from precious metals, watches, dentures, and optical lenses.

Sales and display rooms.

Schools: music, dance, or business.

Service: cleaning or repair shops for personal, household, or garden equipment.

Sewing machine sales and service.

Shoe and hat repair.

Shoe stores.

Skating rinks, indoor.

Sporting goods stores.

Tailor or dressmaking shops.

Tea rooms.

Temporary building for construction purposes for a period not to exceed the duration of such construction.

Temporary outdoor demonstrations and exhibitions of merchandise primarily for outdoor use.

Temporary outdoor food vending and produce markets.

Theaters (not outdoor).

Tobacco shops.

Toy shops.

Travel bureaus and transportation ticket offices.

Typewriter and business machines sales and service.

Upholstery shops.

Variety stores.

Video and equipment sales and rental.

Any use not specified will require a special use permit.

(4)

All uses permitted in the B-2 district, including storage, must be conducted within an enclosed structure, with the exception of accessory outside sales or display of retail merchandise, provided that such accessory use does not violate parking, lot coverage, or other code regulations, and does not occupy a corner sight triangle or in any way create a public safety hazard.

(Code 2008, § 17.350(A); Ord. No. 09-15, § I(17.350(A)), 11-2-2009)

The following uses are permitted as special uses when authorized by the city council after a public hearing and recommendation by the planning and zoning commission.

(1)

Those special uses permitted in a B-1 district.

(2)

Bus depots.

(3)

Clubs and lodges: private, fraternal, or religious.

(4)

Golf courses, miniature golf courses, and driving ranges.

(5)

Inside mini-warehousing and storage.

(6)

Machinery, equipment and vehicle rental.

(7)

Skating rinks and parks, outdoor.

(Code 2008, § 17.350(B); Ord. No. 09-15, § I(17.350(B)), 11-2-2009)

The numerical value obtained by dividing the gross floor area of buildings by the total area of the lot or parcel of land on which such buildings are located. Floor area ratio shall not exceed 90 percent.

(Code 2008, § 17.350(C); Ord. No. 09-15, § I(17.350(C)), 11-2-2009)

Regulations governing lot area in B-1 districts shall apply.

(Code 2008, § 17.350(D); Ord. No. 09-15, § I(17.350(D)), 11-2-2009)

(a)

Front yard. There shall be provided on every lot a front yard not less than 20 feet in depth.

(b)

Side yard. Side yard of at least six feet is required and there shall be provided a side yard along any lot line which adjoins a residence district; it shall be not less than ten feet in width.

(c)

Rear yard. There shall be a rear yard not less than ten feet in depth; however, when a rear lot line abuts an alley, one-half the width of such alley may be counted toward satisfaction of the rear yard requirement.

(Code 2008, § 17.350(E); Ord. No. 09-15, § I(17.350(E)), 11-2-2009)

No building shall exceed a height of 35 feet above ground level, except as hereinafter provided in subsections (1) and (2) of this section. The term "above ground level" means the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluding from those exceptions contained in section 78-708.

(1)

The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides for one foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed 60 feet.

(2)

Any building or structure that exceeds 35 feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon.

(Code 2008, § 17.350(G)(1), (2); Ord. No. 09-15, § I(17.350(G)(1), (2)), 11-2-2009)

There shall be adequate off-street parking and loading provisions in accordance with section 78-510.

(Code 2008, § 17.350(G)(3); Ord. No. 09-15, § I(17.350(G)(3)), 11-2-2009)

Tables, chairs, benches and umbrellas or other forms of permanent seating shall be permitted upon sidewalks and within municipal rights-of-way within any B-2 General Retail District upon compliance with the following list of requirements and upon the approval of an application for a building permit by the city. Such temporary fixtures shall be permitted between May 1 and November 1 upon approval by the city with the following requirements.

(1)

Applicant shall file an application for a building permit with the city and receive approval by the zoning administrator prior to such use.

(2)

Applicant shall provide upon approval of said permit, and annually thereafter, a certificate of insurance listing the city as additional insured on the applicant's liability insurance policy in the minimum amount of $1,000,000.00 per occurrence.

(3)

No permitted device or fixture shall extend farther than four feet from an existing building, except umbrellas that comply with subsection (4) of this section.

(4)

Umbrellas, if the subject of this permit, shall maintain a minimum height above the ground surface of six feet eight inches.

(5)

Owner shall maintain all fixtures or devices in good condition and shall be responsible at all times for any fixture or related device placed on said sidewalk or right-of-way.

(6)

The minimum width remaining for pedestrian walkway after installation of such devices or fixtures shall be five feet.

(7)

The violation of any of the above provisions shall be reason for revocation of said permit by the zoning administrator.

(Code 2008, § 17.340(I); Ord. No. 09-15, § I(17.340(I)), 11-2-2009)

Special use is designed primarily to furnish areas served by general retail districts with necessary services and goods not allowed in general retail districts because they are incompatible with the uses permitted in the general retail districts.

(1)

Special uses allowed by approval.

a.

Any use permitted in B-1 and B-2 districts.

b.

Additional uses shall be the following:

Artisans in ceramics and nonferrous metals.

Animal hospitals and veterinary clinics without outside kennels.

Auction rooms.

Boat sales.

Building material establishments, dimension lumber, millwork, cabinets and other building materials; provided that no milling, planing, jointing, or manufacturing of millwork shall be conducted on the premises.

Bus depots.

Cartage and express facilities providing storage of goods, motor trucks, and other equipment, if in enclosed structures.

Caskets and casket supplies.

Clubs and lodges: private, fraternal or religious.

Contractors or construction offices and shops such as building, concrete, electrical, masonry, painting, plumbing, refrigeration, and roofing.

Dry cleaning and laundry establishments, commercial.

Exterminating shops.

Garages, public, for storage, repair, and servicing of automobiles, and trucks, including body repair and painting, but not including auto wrecking yards.

Greenhouses or nurseries.

Garden supply and feed stores.

Ice storage.

Laboratories, medical and dental research and testing.

Machinery sales, including farm machinery sales.

Machinery, equipment, and vehicle rental.

Mail order houses.

Meat markets, including the sale of meats and meat products to restaurants, hotels, clubs, or other similar establishments.

Meat processing without slaughtering and food lockers.

Miniature golf courses.

Motorcycle sales and service.

Motor vehicle and equipment sales and service.

Open sales lots.

Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.

Packaging and crating.

Printing and publishing establishments.

Public garages, including new and used car sales rooms.

Recording studios and radio stations.

Research laboratories.

Sheet metal shops.

Storage and warehousing, and wholesale establishments.

Trailer sales.

Any use not listed will require a special use permit.

(2)

Special uses. The following uses are permitted as special uses when authorized by the city council after a public hearing and recommendation by the planning and zoning commission.

a.

Those special uses permitted in B-1 and B-2 districts.

b.

Drive-in theaters.

c.

Electric and telephone substations and other governmental and utility service uses.

d.

Light assembling and packaging of materials, goods and products provided entirely within enclosed buildings.

e.

Mobile homes and trailer courts provided that the water and sanitary facilities furnished conform to the requirements of the state health department.

f.

Outdoor recreation and amusement establishments, including shooting ranges, motorized racing tracks, and mechanical rides.

(3)

Floor area ratio. Floor area ratios shall not exceed 90 percent.

(4)

Required area. Regulations governing lot area in B-1 districts shall apply.

(5)

Required yards.

a.

Front yard. None.

b.

Side yard. There shall be provided a side yard along any side lot line which adjoins a residence district; its width shall not be less than ten feet and it shall not contain off-street parking and loading facilities.

c.

Rear yard. Regulations governing rear yard requirements in B-1 districts shall apply, except that where the rear yard adjoins another business property and where loading and unloading space is located elsewhere on the property, and where the building is not more than one story in height the rear yard may be reduced five feet.

(6)

Off-street parking and loading. There shall be adequate off-street parking and loading provisions in accordance with this chapter.

(7)

Maximum building height. No building shall exceed a height of 35 feet above ground level, except as hereinafter provided in subsections (7)a and b of this section. The term "above ground level" shall mean the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluded from those exceptions contained in section 78-510.

a.

The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides in the final plat thereof for one foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed 100 feet.

b.

Any building or structure that exceeds 35 feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon.

(Code 2008, § 17.360; Ord. No. 09-15, § I(17.360), 11-2-2009)

(a)

The manufacturing districts set forth in this chapter are established to protect public health, safety, comfort, convenience, and the general welfare and to protect the economic base of the city, as well as the value of real estate, by regulating manufacturing development in appropriate locations. These general objectives include, among others, the following specific objectives:

(1)

To protect established residential areas and the health of families living therein, by restricting those nearby manufacturing activities which may create offensive noise, vibration, smoke, dust, odors, heat, glare, fire hazards, and other objectionable influences to those areas which are appropriate therefor.

(2)

To provide adequate space in appropriate locations for most types of manufacturing and related activities so that the economic structure of the community may be strengthened; and that employment opportunities may be found in the interest of public prosperity and welfare.

(3)

To provide more space for manufacturing activities in locations accessible to railways and highways, so that the movement of raw materials, finished products and employees can be carried on efficiently and with a minimum of danger to public life and property.

(4)

To establish proper standards of performance which will restrict obnoxious manufacturing activities, while at the same time encourage and permit the manufacturing activities which have adopted facilities for the processing of finished products without adversely affecting the health, happiness, safety, convenience, and welfare of the people living and working in nearby areas.

(5)

To protect manufacturing districts from incompatible uses of land by prohibiting the use of such space for nonresidential development, thereby preserving the land for a more appropriate use in accordance with the plans for city improvement and development.

(6)

To promote the most desirable use of land in accordance with the Comprehensive Plan of the city, to conserve the use of property, to promote stability of manufacturing activities and related development, and to protect the character and established development in each area of the community; to enhance and stabilize the value of land and to protect the tax base of the city.

(b)

Any restriction not covered under this section shall meet the requirements governed by the state regulatory code.

(Code 2008, § 17.370; Ord. No. 09-15, § I(17.370), 11-2-2009)

(a)

Application of noise performance standards. Any use established in an industrial district shall be so operated as to comply with the performance standards governing noise set forth hereinafter for the district in which such use shall be located. No use already established on the effective date of this section shall be so altered or modified as to conflict with or further conflict with the performance standards governing noise established hereinafter for the district in which such use is located. Objectionable sounds of an intermittent nature shall be controlled so as not to become a nuisance to adjacent use. All uses, existing or proposed, shall be operated in conformance with the applicable requirements embodied in the regulations of the Illinois Administrative Code, Title 35 - Environmental Protection, Subtitle H - Noise Pollution, as amended from time to time. Complaints to sound/noise shall be referred to as noise defined under the state regulatory code.

(b)

Method of measurements of noise level. Sound measured with a sound level meter and associated octave band filter, manufactured in compliance with standards described by the American Standards Association. Measurement shall be made using the flat network of the sound level meter. Impulsive type noises shall be subject to the performance standards hereinafter prescribed provided that such noises shall be capable of being accurately measured with such equipment. Noises capable of being so measured shall be those noises which cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus two decibels. Noises incapable of being so measured, such as those of an irregular and intermittent nature, shall be controlled so as not to become a nuisance to adjacent uses.

(c)

Limitations on noise levels; noise in I district. At no point on the boundary of a residence or business district shall the sound intensity level of any individual operation or plant (other than the operation of motor vehicles or other transportation facilities) exceed the decibel levels in the designated octave bands shown in Table 1 set forth hereinafter for districts indicated:

(d)

Method of measurement. Measurement is to be made at the nearest boundary of the nearest residential area or at any other point along the boundary where the level is higher. The sound levels shall be measured with a sound level meter and associated octave band filter as prescribed by the American Standards Association.

(Code 2008, § 17.380(A); Ord. No. 09-15, § I(17.380(A)), 11-2-2009)

(a)

In addition to the performance standards specified hereinafter, the emission of smoke or particulate matter in such a manner or quantity as to be detrimental to or endanger the public health, safety, comfort, or welfare is hereby declared to be a public nuisance and shall henceforth be unlawful. All uses, existing or proposed, shall be operated in conformance with the applicable requirements embodied in the regulations of the Illinois Administrative Code, Title 35 - Environmental Protection, Subtitle B - Air Pollution, section 212 and/or most current and applicable code.

(b)

The emission from all sources within any lot area during any one-hour period of particulate matter containing more than ten percent by weight of particles having a particle size larger than 44 microns is prohibited.

(c)

Dust and other types of air pollution borne by the wind from such sources as storage areas, yards, streets, and so forth within lot lines shall be kept to a minimum by appropriate landscaping, or other acceptable means.

(d)

For the purpose of grading the density of smoke, the Ringlemann Chart currently published and used by the United States Bureau of Mines shall be employed. The emission of smoke particulate matter of density equal to or greater than #3 on the Ringelmann Chart is prohibited at all times except as otherwise provided hereinafter.

(e)

The location within lot lines of smoke stacks shall be determined as follows:

(1)

Where total emission per use, the number of stacks being optional is up to 15 smoke units per hour, the following standards apply:

a.

Smoke stack setback from lot lines on all sides.

b.

Where the lot abuts a highway as designated on the zoning map the setback line shall be at least 100 feet from the nearest right-of-way.

(2)

Where the lot abuts a major street as designated on the zoning map, the setback line shall be at least 60 feet from the nearest right-of-way line, except as provided in subsection (e)(4) of this section.

(3)

Where the lot abuts a minor street as designated on the zoning map, the setback line shall be at least 50 feet from the nearest right-of-way line, except as provided in subsection (e)(4) of this section.

(4)

Where the lot abuts a street with a right-of-way width of less than 70 feet, the setback line shall be at least 85 feet from the centerline of such right-of-way.

(5)

Where the lot abuts a stormwater or floodwater channel or basin, the setback line shall be at least 50 feet from the nearest shoreline or floodwater line.

(f)

During a one-hour period in each 24-hour period, each stack may emit up to 30 smoke units when blowing soot or cleaning fires with no more than eight minutes of smoke density of Ringelmann #2. Only during such fire cleaning periods shall smoke of a density of Ringelmann #3 be permitted, and then not for a period in excess of four minutes. Where total smoke emission per use, the number of stacks being optional is 16 to 30 smoke units per hour, the following standards apply:

(1)

Smoke stack setback from lot lines on all sides 250 feet.

(2)

During one-hour period in each 24-hour period each stack may emit up to 45 smoke units when blowing soot or cleaning fires with no more than eight minutes of smoke of density of Ringelmann #2. Only during such fire cleaning periods shall smoke of a density of Ringlemann #3 be permitted and then not for a period in excess of four minutes.

(Code 2008, § 17.380(B); Ord. No. 09-15, § I(17.380(B)), 11-2-2009)

Any use established in an industrial district shall be so operated as to comply with the performance standards governing emission of toxic or noxious matter set forth hereinafter. No use shall for any period of time discharge across the boundaries of the lot to the surface water, soil groundwater, or air of the lot wherein it is located, toxic or noxious matter in such concentrations as to be detrimental to or endanger the public health, safety, comfort, welfare, or cause injury or damage to property or business.

(Code 2008, § 17.380(C); Ord. No. 09-15, § I(17.380(C)), 11-2-2009)

(a)

Any use established in an industrial district shall be operated as to comply with the performance standards governing odorous materials set forth hereinafter. No use already established on the effective date of this section shall be so altered or modified as to conflict with, or further conflict with, the performance standards governing odorous materials established hereinafter.

(b)

In all industrial districts, the emission of odorous matter in such quantities as to produce nuisance or hazard beyond lot lines is prohibited. In determining such offensive odors, Table III (Odor Thresholds) in chapter 5 of the Air Pollution Abatement Manual (copyright 1951) by Manufacturing Chemists Assoc., Inc., Washington, D.C., shall serve as a guide and/or most current and applicable codes. All uses shall be operated in conformance with the applicable requirements embodied in the regulations of the Illinois Administrative Code, Title 35 - Environmental Protection, Subtitle B - Air Pollution, section 245.

(Code 2008, § 17.380(D); Ord. No. 09-15, § I(17.380(D)), 11-2-2009)

(a)

The storage, use, or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted.

(b)

The storage, use, or manufacture of solid materials or products ranging from free to active burning, to intense burning is permitted; provided the said materials shall be stored, used, or manufactured within completely enclosed buildings having incombustible exterior walls, and protected throughout by an effective automatic fire extinguishing system; or said materials may be stored outdoors with at least 50-foot clearance from all lot lines.

(c)

The storage, use, or manufacture of flammable liquids or materials which produce flammable or explosive vapors or gases, shall be permitted in accordance with the regulations of the state fire marshal.

(Code 2008, § 17.380(E); Ord. No. 09-15, § I(17.380(E)), 11-2-2009)

Notwithstanding any other provisions of this chapter, any use permitted in this district creating intense earth-shaking vibrations such as are created by heavy drop forges, shall be set back at least 500 feet from the lot lines of such use on all sides.

(Code 2008, § 17.380(F); Ord. No. 09-15, § I(17.380(F)), 11-2-2009)

Any operation producing intense glare or heat shall be performed within an enclosed building or behind a solid fence or wall, in such a manner as to be undetectable without instruments from any point along lot lines.

(Code 2008, § 17.380(G); Ord. No. 09-15, § I(17.380(G)), 11-2-2009)

The following uses are permitted in I-1 districts:

(1)

Light manufacturing, fabricating, assembling, packaging, repairing, servicing, and processing of material, goods and products provided entirely within enclosed buildings.

(2)

Animal hospitals, veterinary clinics, and pounds with outside kennels.

(3)

Bottling works, steam laundries, dry cleaning plants, blacksmith shops.

(4)

Dog kennels.

(5)

Lumber, wood, feed, or other similar storage yards.

(Code 2008, § 17.390(A); Ord. No. 09-15, § I(17.390(A)), 11-2-2009)

The following uses are permitted as special uses in I-1 districts when authorized by the city council after a public hearing and recommendation by the planning and zoning commission:

(1)

Any use not listed above which is permitted in B-1 and B-2 districts.

(2)

Bulk storage, sale, and distribution of flammable liquids, fats, or oils in tanks.

(3)

Bus or truck garage, yards, docks, terminals and transfer points.

(4)

Day care facilities, subject to such restrictions, requirements, and limitations as may be deemed proper under the circumstances.

(Code 2008, § 17.390(B); Ord. No. 09-15, § I(17.390(B)), 11-2-2009)

In I-1 districts, the floor area ratio on a lot shall not exceed 90 percent.

(Code 2008, § 17.390(C); Ord. No. 09-15, § I(17.390(C)), 11-2-2009)

In I-1 districts, yards of the following minimum depths shall be provided:

(1)

Front yards shall be not less than 25 feet.

(2)

Side yards shall be not less than ten feet.

(3)

Rear yard shall be not less than 25 feet.

(4)

When adjoining a residence district, any side or rear yard shall not be less than 25 feet and a solid wall or solid fence shall be provided along the property line. Such fences or walls shall be uniformly painted, and in no case shall be less than six feet high or more than seven feet high.

(Code 2008, § 17.390(D); Ord. No. 09-15, § I(17.390(D)), 11-2-2009)

In I-1 districts, no building shall exceed a height of 80 feet above ground level, except as hereinafter provided in subsections (1) and (2) of this section. The term "above ground level" means the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluded from those exceptions contained in section 78-511.

(1)

The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides in the final plat thereof for one foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed 100 feet.

(2)

Any building or structure that exceeds 35 feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon.

(Code 2008, § 17.390(E); Ord. No. 09-15, § I(17.390(E)), 11-2-2009)

In I-1 districts, adequate off-street parking in accordance with the provisions of section 78-510.

(Code 2008, § 17.390(F); Ord. No. 09-15, § I(17.390(F)), 11-2-2009)

Outside storage of raw materials, work in process inventory, finished goods inventory, and supplies is a permitted use accessory to the main use of the property; provided, however, that such outside storage shall be limited and conditioned as follows: Such outside storage must be limited to an area no greater in size than the floor area of the first floor of the enclosed buildings on the parcel.

(Code 2008, § 17.390(G); Ord. No. 09-15, § I(17.390(G)), 11-2-2009)

(a)

The uses permitted in the I-2 district generally include those manufacturing and industrial activities which cannot be operated economically without creating some conditions which may be objectionable or obnoxious to the occupants of adjoining properties and for that reason must be grouped in areas where similar industrial uses are located, or where permitted uses will be best located in accordance with the comprehensive plan of the city, which is designed to protect the welfare of the community. Therefore, the following uses are hereby permitted, provided that full compliance with the performance standards hereinafter set forth shall be established and constantly maintained, and provided further that all such uses shall be on a minimum lot size of one acre.

(b)

Manufacturing, fabricating, assembly, and processing of materials, articles, and products which are prohibited in I-1 district but which are not prohibited by the performance standards herein established for I-2 district, and which are not otherwise prohibited or restricted.

(1)

All uses in I-1 district as a special use, except no residential use shall be permitted in I-2 district.

(2)

Any manufacturing, processing, and treatment of materials and goods and products which require the use of large quantities of water, produce large quantities of waste material of which involve the disposal, into public sewers or otherwise of any quantities of toxic, noxious, corrosive, or explosive substances.

(3)

Incinerators for household waste disposal.

(4)

Manufacturing, processing, and bulk storage of noxious, toxic, corrosive, and explosive solid, liquid, or gaseous chemicals, including fireworks manufacturing.

(5)

Extraction and processing of mineral products including ore, stone, sand, gravel, clay, topsoil, cement, lime, plaster, asbestos, fertilizer, and abrasives.

(6)

Lumber mills, sawmills, plain mills, and flour or grain mills.

(7)

Manufacturing and processing of coal, petroleum, tar and asphalt products, including coke, illuminating gas, linoleum oilcloth, roofing material, and asphalt tile.

(8)

Ore smelters, foundries, blast and open hearth furnaces, Bessemer converters, metal ingot, plate, tube, and wire and strip mills.

(9)

Processing of animal and vegetable products such as tanneries, distilleries, breweries, slaughterhouses, rendering plants, glue, soap, paint and varnish manufacturers, wool and textile scouring, sizing, bleaching, and dyeing.

(10)

Salvage yards, coal yards, or junk yards.

(11)

Seed processing establishments.

(Code 2008, § 17.410(A); Ord. No. 09-15, § I(17.410(A)), 11-2-2009)

The following uses are permitted as special uses in I-2 districts when authorized by the city council after a public hearing and recommendation by the planning and zoning commission:

(1)

Ammonia, bleaching powder, or chlorine manufacture.

(2)

Carbon manufacture.

(3)

Celluloid manufacture.

(4)

Coal distillation.

(5)

Coke ovens.

(6)

Distillation of tar.

(7)

Explosives, fireworks, and gunpowder manufacture or storage.

(8)

Fat rendering.

(9)

Grease, lard, or tallow manufactured or refined from animals.

(10)

Hair manufacture.

(11)

Incineration, reduction, storage, or dumping of slaughterhouse refuse, rancid fats, dead animals, or offal.

(12)

Petroleum manufacture.

(13)

Ethanol manufacture.

(Code 2008, § 17.410(B); Ord. No. 09-15, § I(17.410(B)), 11-2-2009)

In I-2 districts, the floor area ratio on a lot shall not exceed 50 percent.

(Code 2008, § 17.410(C); Ord. No. 09-15, § I(17.410(C)), 11-2-2009)

In I-2 districts, yards of the following minimum depths shall be provided:

(1)

Front yards shall be the same as required in I-1 districts.

(2)

Side yards shall be the same as required in I-1 districts.

(3)

Rear yards shall be the same as required in I-1 districts.

(Code 2008, § 17.410(D); Ord. No. 09-15, § I(17.410(D)), 11-2-2009)

In I-2 districts, adequate off-street parking in accordance with the provisions of section 78-510.

(Code 2008, § 17.410(E); Ord. No. 09-15, § I(17.410(E)), 11-2-2009)

In I-2 districts, no building shall exceed a height of 80 feet above ground level, except as hereinafter provided in subsections (1) and (2) of this section. The term "above ground level" means the actual height of the building measured from the sidewalk level, or equivalent established grade, to the highest part of the building, specifically excluding therefrom those exceptions contained in section 78-511.

(1)

The maximum height of a building above ground level may be exceeded where the lot upon which the building is located or to be constructed provides in the final plat thereof for one foot of additional building setback, on the front, side and rear yards, for each additional foot of height above ground level of the building; provided, however, the height of the building above grade level may in no instance exceed 100 feet.

(2)

Any building or structure that exceeds 35 feet in height shall provide a hard surface fire access road or lane located in close proximity to the building or structure, which fire access road or lane shall be of sufficient width to allow for access and staging of emergency vehicles thereon.

(Code 2008, § 17.410(F); Ord. No. 09-15, § I(17.410(F)), 11-2-2009)

In I-2 districts, performance standards are stated in subdivision II of this division.

(Code 2008, § 17.410(G); Ord. No. 09-15, § I(17.410(G)), 11-2-2009)

Accessory uses permitted in I-2 districts shall include outside storage of goods and materials.

(Code 2008, § 17.410(H); Ord. No. 09-15, § I(17.410(H)), 11-2-2009)