This title shall be known, cited and referred to as the "City of Gilman Zoning Ordinance."

(Ord. 483 § 1.6, 1970).

This title shall not nullify more restrictive covenant agreements or other ordinances, but shall prevail and control over those which are less restrictive.

(Ord. 483 § 1.4, 1970).

This title shall apply to all the territory located within the corporate limits of the city, and as stated in the Illinois Revised Statutes, to all contiguous territory not more than one and one-half miles beyond the corporate limits of the city, on as future statutes shall permit.

(Ord. 483 § 1.5, 1970).

An ordinance dividing the city and its area of jurisdiction into districts in order to classify, regulate and restrict the location of trades, industries and commercial enterprises, and the location of buildings arranged, intended and designed for specific uses, regulate and limit the height and bulk of buildings hereafter erected, classify, regulate, and determine the front, rear and side yards, courts and other open spaces about buildings and regulate and limit the intensity of the use of land and lot areas within such municipality; create a board of appeals; define certain terms used in this title, provide penalties for its violation; and designate the time when this title shall take effect is adopted for the following purposes:

A.

To promote and protect the public health, safety, morals and comfort and the general welfare of the people;

B.

To divide the city and its area of jurisdiction into districts restricting and regulating therein the location, erection, construction, reconstruction, alteration and uses of buildings, structures and land for residence, business, manufacturing and other uses;

C.

To protect the character and stability of the residential, business, rural and manufacturing areas within the city and its area of jurisdiction and to promote the orderly and beneficial development of such areas;

D.

To provide adequate light, privacy, air and convenience of access to property;

E.

To regulate the intensity of use of lot areas and to determine the area of open spaces surrounding buildings, necessary to provide adequate light and air and to protect the public health;

F.

To establish building lines and the location of buildings designed for residential, business, rural, manufacturing and other uses within such areas;

G.

To fix reasonable standards to which buildings or structures shall conform therein;

H.

To prohibit uses, buildings or structures incompatible with the character of the development or intended uses within specified zoning districts;

I.

To prevent additions to or alterations of existing buildings or structures in such a way as to avoid the restrictions and limitations imposed hereunder;

J.

To limit congestion in the public streets and protect the public health, safety, convenience, and general welfare by providing loading and unloading of commercial vehicles;

K.

To protect against fire, explosion, noxious fumes and other hazards in the interest of public health, safety, comfort and general welfare;

L.

To prevent the overcrowding of land and undue concentration of structures, so far as is possible and appropriate in each district by regulating the uses and bulk of buildings in relation to land surrounding them;

M.

To conserve the taxable value of land and buildings throughout the city and its area of jurisdiction;

N.

To provide for the elimination of nonconforming uses of land, buildings and structures which are adversely affecting the character and value of desirable development in each district;

O.

And to define and limit the powers and duties of the administrative officers and bodies as provided herein.

(Ord. 483 § 1.2, 1.3, 1970).

A.

Definitions. As used in this Section 18.04.045, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

"Cargo container" means an article of transport equipment which falls into any of the following categories:

1.

Designed or constructed for or used to facilitate the packing, shipping, movement, or transportation of freight, articles, goods or commodities by one or more modes of transport; and/or

2.

Designed to be or capable of being:

a.

Mounted or moved on a rail car, or

b.

Mounted on a chassis or bogie for movement by a tractor trailer, or

c.

Loaded on to a ship; and/or

3.

A prefabricated metal structure designed for use as an individual shipping container in accordance with international standards or a metal structure designed and built for use as an enclosed truck trailer in accordance with U.S. Department of Transportation standards.

"Permanent" means a period of time limit that exceeds thirty days on site without being utilized for transportation purposes.

"Stack/stacking" means a method of storing cargo containers or a chassis in a vertical manner where the floor of the container or bed of the chassis remains parallel to the ground.

"Temporary" means a period of time that does not exceed thirty days on site while being used for storage purposes.

B.

Permitted Locations.

1.

Except as provided herein, cargo containers may not be placed, stored or used on property zoned for residential, residential-mobile home, business, rural, light industrial, or heavy industrial uses or purposes.

2.

Cargo containers may be placed, stored or used for temporary storage on property zoned for business, rural, light industrial, or heavy industrial uses or purposes, provided that a temporary storage permit has been obtained from the zoning administrator. Cargo containers may not be placed, stored or used on a permanent basis on any property zoned for residential, residential-mobile home, business, rural, light industrial, or heavy industrial uses or purposes.

C.

Standards and regulations.

1.

Cargo containers shall not be stacked on one another.

2.

Cargo containers shall not be used for living quarters and shall not be provided with refrigeration, heating, electricity, or plumbing.

3.

Cargo containers used for temporary storage must be placed to the rear of the property and may not be placed within any designated landscape or flood retention or detention areas.

4.

No cargo containers may be placed, stored or used on property or any area that is within the flood plain or flood way.

D.

Exemptions.

1.

Contractors may use cargo containers in any zoning district for the storage of equipment and materials during the period of construction at the construction site subject to the following:

a.

The construction must be properly permitted by the city;

b.

The container shall be removed from the property no later than seven calendar days after the final inspection and approval of the construction by the city.

c.

If construction ceases for a period of thirty days or is abandoned, the cargo container shall be removed not later than seven days after notice to remove is issued by the city.

2.

Containers used during moving may be placed on residential zoned property for a maximum of fourteen days.

3.

Containers may be used for public safety and related purposes by the city.

E.

Removal by City. Any cargo container(s) placed, stored or used in violation of this section may be removed by the city if the property owner on which the cargo container(s) is located fails to remove the cargo container(s) within fourteen calendar days of notice by the city of a violation and order to remove. A notice of violation and order to remove shall be deemed received by the property owner if the notice and order are mailed to the address of the owner as listed in the records of the county assessor and a copy of the notice and order are posted on the main entrance door or gate of the property.

The city's cost to remove and dispose of the cargo container shall be a lien against the property.

(Ord. No. 15-16-07, 12-14-2015)

A.

All land areas within the jurisdiction of the city for the purpose of this title are divided into the following districts:

Residential districts;

Residential-mobile home districts;

Business districts;

Rural districts;

Light industrial districts and;

Heavy industrial districts.

B.

The boundaries of such districts are established and so designated on the zoning map. Any land, the classification of which may not be shown or which may be without the corporate limits and be hereafter annexed to it or which may be within the jurisdiction of it shall be classified as a Residential District until differently classified by a finding of fact by the board of appeals and an amendment is passed by the city council.

(Ord. 483 § 2.1, 1970).

Where uncertainty exists with respect to the boundaries of various districts as shown on the zoning map, the district boundaries shall be either streets, alleys or lot lines, as the case may be; and where the districts designated on the zoning map are bounded approximately by a street, alley or lot line they shall be construed to be the boundary of such district.

(Ord. 483 § 2.2, 1970).

A certified copy of the zoning map shall be adopted and approved with the text as part of this title and shall bear upon its face the attestation of the mayor, and shall be available to the public in the office of the city clerk.

(Ord. 483 § 2.3, 1970).

No wall, fence, sign, billboard or shrubbery shall be erected, maintained or planted on any lot or terrace which obstructs or interferes with traffic visibility or distracts from the area.

(Ord. 483 § 7.1, 1970).

Any raising of livestock or poultry is prohibited in all districts except the rural district.

(Ord. 483 § 7.2, 1970).

A.

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

B.

Special Use. Adult-use cannabis business establishment facilities, as defined herein, requiring approval of a special use in the respective districts in which they are requested shall be processed using the same procedure as is used for a variance request as set forth in Chapter 18.40 et seq. of Title 18 of this code, and the standards for granting a special use as set forth herein.

C.

Adult-Use Cannabis Facility Components. In determining whether a special use shall be granted, the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

1.

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

2.

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

3.

Hours of operation and anticipated number of customers/employees.

4.

Anticipated parking demand and available private parking supply.

5.

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

6.

Site design, including access points and internal site circulation.

7.

Proposed signage plan.

8.

Compliance with all requirements provided in Subsections D.—I., as applicable.

D.

Adult-Use Cannabis Craft Grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

1.

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

2.

Facility may not be located within one thousand five hundred feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

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

E.

Adult-Use Cannabis Cultivation Center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

1.

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

2.

Facility may not be located within one thousand five hundred feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

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

F.

Adult-Use Cannabis Dispensing Organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

1.

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

2.

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

3.

At least seventy-five percent of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in Subsection F.5. below in the same tenant space.

4.

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

5.

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

G.

Adult-Use Cannabis Infuser Organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

1.

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

2.

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

3.

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

H.

Adult-Use Cannabis Processing Organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

1.

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

2.

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

3.

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

I.

Adult-Use Cannabis Transporting Organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

1.

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

2.

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

3.

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

J.

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

K.

Co-Location of Cannabis Business Establishments. The city may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the special use criteria within this code. In a co-location, the floor space requirements of Subsections F.3. and G.3. shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(Ord. No. 19-20-10, § 3, 12-9-2019)