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Fulton City Zoning Code

BUSINESS DISTRICT

§ 155.105 PERMITTED USES.

   (A)   It is unlawful to use or permit the use of any building or premises in the Business District for any purpose other than the following:
   Any use permitted in the multiple-family dwelling district
   Automobile sales and service shops and used car lots
   Automobile service stations
   Automobile trailer camp
   Agricultural implement sales and service
   Air-conditioning and heating sales and service
   Auction rooms
   Auditoriums
   Banks
   Bakeries
   Barber shops and beauty parlors
   Bus and passenger depots
   Business, music, dance or commercial schools
   Book or stationary stores
   Carpet and rug cleaners
   Catering establishments
   Chick hatcheries
   Cleaning and dyeing establishments
   Clothing and dress manufacturers
   Dance halls
   Department, furniture and home appliance stores
   Drive-in restaurants where soft drinks and/or food are served
   Drug stores
   Electrical appliance and repair shops
   Employment agencies
   Expressing, baggage and transfer delivery service
   Florist shops and greenhouses
   Grocery, fruit or vegetable stores
   Hardware stores
   Hotels
   Laundries, launderettes, laundromats
   Laboratories
   Machine shops, when not equipped with heavy punch presses or any machinery creating vibration and noise disturbing to occupants of adjacent property
   Meat markets and poultry stores
   Offices
   Painting and decorating shops
   Parking lots
   Pet shops, animal hospitals or kennels, outdoor runs must be at least 100 feet from a residential district
   Photographers or artists studios
   Plumbing, heating and roofing supply and work shops
   Professional or service offices
   Radio and television sales and service stores
   Recreation places and theaters
   Restaurants
   Retail stores and services
   Shoe repair shops
   Tailor and dressmaking shops
   Taverns or stores for retail sale of alcoholic liquors, except as otherwise provided in ordinances regulating the sale of alcoholic liquors
   Taxi service stations
   Telegraph service stations
   Trailer sales
   Tourist courts and motels
   Undertaking establishments
   Upholstering shops and antique furniture sales and service shops
   Wholesale establishments, excluding a building, the principal use of which is for a storage warehouse
   Manufacturing or processing which is clearly incidental to retail use is permitted. Such manufacturing or processing is limited to that which employs not more than ten persons in the manufacturing or processing and which does not constitute a nuisance
   Uses customarily incidental to any of the above uses and accessory buildings when located on the same lot. All business or service of aforesaid stores, shops or businesses should be conducted wholly within a completely enclosed building, except for automobile parking and used car lots, lumber and coal yards, agricultural implement sales, off-street loading areas and sales of automobile fuel.
   (B)   Notwithstanding anything to the contrary in any section or chapter of this zoning code, it shall be unlawful to use the ground floor or first floor as a residence or as a dwelling in any building on either side of Fourth Street between the intersection of Fourth Street and Twelfth Avenue and the intersection of Fourth Street and Tenth Avenue and any building on the west side of Fourth Street between the intersection of Fourth Street and Tenth Avenue and the intersection of Fourth Street and Ninth Avenue, and in any building on either side of Tenth Avenue between its intersection with Fourth Street and its intersection with First Street and any building on the north side of First Street between its intersection with Ninth Avenue to its intersection with Eleventh Avenue. Notwithstanding anything to the contrary herein, the restrictions set forth in this section shall not apply to any buildings which were lawfully used as a residence or dwelling on September 1, 2002, and such use may continue until such use of the land or building has ceased by discontinuance or abandonment for a period of one year or the building has been damaged or destroyed to the extent described in § 155.168 and in any such event shall thereafter conform to the provisions of this section.
   (C)   The permitted uses listed in division (A) of this section shall not be construed to include any of the uses described in divisions (C)(1) through (C)(3).
      (1)   Notwithstanding anything to the contrary in any section or chapter of this zoning code, it shall be unlawful to use any building, or lot located within the Business District to manufacture, process, or offer for sale any product for human consumption via ingestion, inhalation, injection, absorption through the skin, or any other process by which said product can be introduced the human body if said product contains any of the following substances whether in raw or processed form:
         (a)   hemp or industrial hemp as those terms are defined by the Industrial Hemp Act (ILCS Ch. 505, Act 89, § 5);
         (b)   Delta-8 tetrahydrocannabinol (also known as delta-8 THC);
         (c)   Delta-10 tetrahydrocannabinol (also known as delta-10 THC);
         (d)   Kratom; and
         (e)   Cannabidiol (also known as CBD).
      (2)   Notwithstanding anything to the contrary in any section or chapter of this zoning code, it shall be unlawful to use any building, structure, or lot located within the Business District for the manufacture or sale of equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, inhaling, or otherwise introducing into the human body the substances listed in § 155.105(C)(1)(a) through (C)(1)(e) of this zoning code or cannabis as that term is defined under the Cannabis Regulation and Tax Act (ILCS Ch. 410, Act 705, § 1-10).
      (3)   Notwithstanding anything to the contrary in any section or chapter of this zoning code, it shall be unlawful to use any building, structure, or lot located within the Business District for the purpose of providing space for individuals or groups to ingest, inhale, inject, absorb through the skin, or engage in any other process by which the substances listed in § 155.105(C)(1)(a) through (C)(1)(e) can be introduced into the human body. This division shall not be construed to prohibit individuals residing within the Business District from consuming any substances within their residences which are otherwise legal under local, state or federal law.
      (4)   Notwithstanding anything to the contrary in any section or chapter of this zoning code, any individual, firm, association, partnership, trust, or other legal entity engaged in a nonconforming use under § 155.105(C) of this zoning code as of the effective date of this § 155.105(C) who continues to engage in said use pursuant to § 155.165 of this zoning code shall immediately and permanently cease to engage in its nonconforming use upon revocation, non-renewal or denial of any license required by local, state, or federal authorities to engage in such use. Any nonconforming use under § 155.105(C) permitted to continue under § 155.165 of this zoning code may not be expanded to include additional nonconforming uses under this division (C) or to manufacture, process, or sell products which contain a substance listed in § 155.105(C)(1) that was not contained any product manufactured, processed, or offered for sale by said nonconforming user as of the effective date of § 155.105(C) of the zoning code.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86; Am. Ord. 1194, passed 9-5-02; Am. Ord. 1314, passed 7-17-06; Am. Ord. 1733, passed 3-25-24) Penalty, see § 10.99

§ 155.106 HEIGHT REGULATIONS.

   No building or structure shall be erected or structurally altered in the Business District to exceed three stories but in no event shall the three stories exceed 45 feet in height. If the design of the building requires three stories which would exceed 45 feet in height, permission may be granted to permit a height not to exceed 50 feet with the written approval of both the Zoning Officer and the City Administrator.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86; Ord. 1253, passed 9-7-04) Penalty, see § 10.99

§ 155.107 AREA REGULATIONS.

   (A)   No front or side yards shall be required in the Business District except that when a building or group of buildings abut upon a residential district, a side yard shall be provided on the side of the lot abutting the residential district, such yards having a width of not less than five feet.
   (B)   There shall be a rear yard with a depth of not less than ten feet when abutting upon a publicly dedicated alley or public way and not less than 20 feet when no dedicated alley or public way exists at the rear of the lot. The rear yard may be used for off-street parking and loading.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86) Penalty, see § 10.99