The purpose of the general zoning standards is to set forth requirements which are applicable to all zoning districts and land uses within the village, except as otherwise provided. Certain general zoning standards are applicable only in identified and specified districts and uses. In such circumstances, the general zoning standard will be applicable only in that district or that use.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.1. Purpose.

The purpose of these off-street parking and loading requirements is to alleviate and prevent congestion of the public streets and to promote the safety and welfare of the public by establishing minimum requirements for the off-street parking and loading and unloading of motor vehicles in accordance with the use to which property within the village is put within nonresidential and nonagricultural uses and zoning districts within the village. Parking standards in agricultural and residential uses and districts are established in the sections of this Ordinance directly applicable to those districts and uses.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.2. Application.

The off-street parking and loading provisions of this section 60.201 et seq., shall apply to nonagricultural and nonresidential zoning districts and land uses (regardless of zoning district or classification within which the use is located or is classified) as follows:

(a)

For all establishments, buildings or structures erected and all nonresidential and nonagricultural land uses established after the effective date of this Ordinance, accessory parking and loading facilities shall be provided as required by these regulations.

(b)

However, where a building permit has been issued prior to the effective date of this Ordinance, and provided that construction has begun within one year of the effective date of this Ordinance and diligently prosecuted to completion, parking and loading facilities as required hereinafter need not be provided, but shall instead conform to the off-street parking and loading requirements applicable at the date of the issuance of the building permit.

(c)

Existing parking facilities and existing buildings and structures at the effective date of this Ordinance with parking and loading facilities which do not meet the requirements of this Ordinance shall be treated as nonconforming uses and be subject to the requirements for nonconforming uses set forth in this Ordinance.

(d)

When the intensity or use of any establishment, building, structure or premises is increased through the addition of gross floor area, seating capacity, or other similar units of measurement specified herein for required parking or loading facilities, the parking and loading facilities as required herein shall be provided for such increase in intensity of use.

(e)

However, no building or structure lawfully erected or any use lawfully established prior to the effective date of this Ordinance shall be required to provide such additional parking or loading facilities unless and until the aggregate increase in units of measurement equals not less than 15 percent of the units of measurement existing upon the effective date of this Ordinance, in which case parking or loading facilities as required herein shall be required for the total increase.

(f)

Whenever the existing use of a building, structure, premises or zoning lot is hereafter changed to a new use, parking or loading facilities shall be provided as required for such new use.

(g)

Any nonconforming building, structure or use which is in existence on the effective date of this Ordinance and is damaged or destroyed by fire, explosion or other casualty and is reconstructed, reestablished or repaired in accordance with the provisions of this Ordinance may be continued in operation with parking or loading facilities equivalent to those maintained at the time of such casualty or destruction.

(h)

Off-street parking lots or loading areas which are located on the same lot as an establishment, building, structure or use served by the parking or loading facility and were in existence on the effective date of this Ordinance or were provided voluntarily after the effective date, shall not thereafter be reduced below, or if presently less than, shall not be further reduced below the requirements of this Ordinance for a similar new building, structure or use.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.3. General nonresidential and nonagricultural parking standards.

(a)

Any establishment, building, structure or use which is subject to maximum occupancy standards or requirements under the Life Safety Code (NFPA 101), as adopted by or enforced by the Office of the State Fire Marshall of the State of Illinois, or the Godfrey Fire Protection District, or the Village of Godfrey, shall provide parking based upon the occupancy standard of the Life Safety Code at the rate of one parking space for each four seats, or one parking space per two persons of occupancy, whichever is greater, except where a more specific standard is set forth in this Ordinance or where the zoning administrator determines that a specific parking standard should apply to the establishment, building, structure or use.

(b)

All other nonresidential and nonagricultural establishments, buildings, structures or uses shall provide parking on the basis of one parking space per 200 square feet of gross floor space, plus one space per employee, except where a more specific standard is set forth in this Ordinance, or where the zoning administrator determines that a specific parking standard should apply to the establishment, building, structure or use.

(c)

Where any establishment, building, structure or use is not included within a specific parking standard, the zoning administrator shall determine the specific parking standard which shall apply to that establishment, building, structure or use, or the zoning administrator shall determine which of the general standards set forth above shall apply to the establishment, building, structure or use.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.4. Other applicable law or regulations.

All parking lot and loading areas shall conform in every respect to any other provision of applicable state or federal law concerning the installation or maintenance of parking or loading areas, including, but not limited to, requirements relating to parking for the disabled or handicapped and/or the provision of fire lanes or public safety access. To the extent that the provisions of this Ordinance are in conflict with any other such applicable statutes or regulations, the more stringent shall apply.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.5. Design standards for off-street parking.

(a)

In all nonresidential and nonagricultural districts or uses, parking and loading spaces and internal drives shall be set back not less than 15 feet from the street right-of-way.

(b)

Any area within 15 feet of the street right-of-way shall be landscaped and/or screened as approved by the zoning administrator and such landscaping/screening shall be adequately maintained.

(c)

Ingress and egress shall be permitted within the required setback.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.6. Screening and landscaping of off-street parking facilities.

(a)

All parking lots containing more than four spaces are required to provide and adequately maintain a landscaped screen, wall or fence not less than five feet, nor more than eight feet high along those property boundaries abutting any nonbusiness or nonindustrial use.

(b)

In appropriate circumstances, as determined by the zoning administrator, screening and landscaping may be required in other circumstances between abutting parking lots and abutting uses. Such landscape, screen, wall or fence shall be maintained by the owner, lessee or responsible party at all times. All plans for such required landscaping, wall or fence shall be approved by the zoning administrator.

(c)

In order to reduce heat, glare, the blowing of dust, trash and the oppressive visual effects of large open parking areas, landscaping shall be provided and maintained within every parking lot which contains 40 or more parking spaces. A minimum of five percent of the total parking lot area shall be set aside for such landscaping.

(d)

A landscaping plan, either as a separate document or an element of a more inclusive development plan, shall accompany every application for a building permit which includes construction or development of any parking lot which will contain 40 or more spaces.

(e)

The landscaping plan shall include, but not be limited to the following information:

(1)

Proposed type, amount, size and spacing of plantings, including trees, shrubberies and ground cover; and

(2)

Proposed size, construction materials, drainage and scheduled maintenance of landscaped islands or planting beds; and

(3)

Diagram to reasonable scale indicating proposed special relationships of landscaped areas, parking spaces, vehicular circulation and pedestrian movement.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.7. Access aisle and parking space requirements.

(a)

Each off-street parking space shall not be not less than nine feet wide and 20 feet long, or equivalent.

(b)

A stall dimension of 8½ feet by 18 feet or equivalent may be utilized for off-street parking stalls provided in excess of the minimum requirements as set forth in this section when designated for compact car use only.

(c)

On-site parallel parking stalls shall be nine feet by 22 feet adjacent to a 22-foot, two-way line or 15-foot, one-way lane.

(d)

Interior parking aisles permitting two-way traffic shall be a minimum of 22 feet in width. One-way aisles in conjunction with 60-degree parking shall be a minimum of 18 feet in width. Plans for other aisle widths with other angle parking shall be as approved by the zoning administrator.

(e)

Access to off-street parking areas in all nonresidential and nonagricultural zones and uses shall be a minimum width of 24 feet or two separate driveways, each 12 feet wide.

(f)

The spacing of materials or items on a parking lot for storage or display shall be such that fire lanes are provided and space between large items shall be adequate to provide access to public safety personnel. Spacing arrangements shall be approved by the zoning administrator.

(g)

Curbed islands are required at ends of aisles where necessary for traffic control or drainage, except as otherwise approved by the zoning administrator.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.8. Ingress and egress.

(a)

All parking areas in any nonresidential zone or use shall be designed or arranged so that no vehicle will have direct access or egress from any off-street parking space from a public right-of-way. Ingress to and egress from a parking space under the standards of this section shall be from an aisle, driveway or similar arrangement by a forward motion of the vehicle.

(b)

No access way or lane shall be within 30 feet of any corner formed by the intersection of the right-of-way of two or more streets. On a corner where a traffic signal or stop sign exists such entrance or exit shall be located at such distance and in such manner so as not to cause or increase traffic hazard or undue congestion.

(c)

The alignment of access way shall be at right angles and offsets are not to exceed 20 degrees.

(d)

Curb cuts in public streets or highway access to provide access to any parking area shall be subject to any additional requirements of any agency, including the Department of Public Works of the Village of Godfrey, the Madison County Highway Department, or the Illinois Department of Transportation, for access to a public street or way.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.9. Lot lines.

All parking aisles and parking spaces shall be entirely within lot lines, and not on a public right-of-way. Setbacks shall be as provided herein. Parking spaces and loading spaces shall be so arranged that no part of any vehicle overhangs the public right-of-way.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.10. Drainage/stormwater removal.

(a)

All parking lots containing more than four spaces shall be required to provide adequate surface drainage. Such drainage shall be designed so as to both eliminate stormwater accumulation upon the parking lot or loading area and to prevent excessive runoff from the parking lot or loading area onto adjacent properties or into any stormwater sewer system or public street subject to approval of the zoning administrator/village engineer.

(b)

Such drainage system may include, but is not limited to, the installation of retention systems to control stormwater drainage from the parking lot or loading area and shall be approved by the zoning administrator.

(c)

Any parking lot which exceeds the size of 40 spaces must be designed by an engineer and approved by the zoning administrator and/or village engineer for adequacy of the stormwater drainage design.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.11. Lighting.

(a)

Lighting shall be provided in parking lots and loading areas as appropriate for the use of such lot or loading area and to assure the safety of persons using the facility. Any such lighting shall be designed, installed and operated in a manner to prevent the spillage of light away from the parking lot or loading area and shall be directed so as not to create a nuisance or hazard.

(b)

Lighting systems for parking lots in excess of 40 spaces must receive approval of the zoning administrator.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.12. Marking.

All parking lots and loading areas shall be appropriately marked by striping or other generally acceptable marking methods, subject to the approval of the zoning administrator/village engineer. Such marking shall include appropriate directional signals, stall designations and lane designations. Markings shall be maintained in adequate condition to provide direction and guidance to persons using the parking lot or loading area.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.13. Surfacing.

Parking and loading areas in all districts and uses other than residential and agriculture, including driveways, shall be paved, except as hereinafter provided. Parking areas shall be properly graded for drainage, maintained in good condition, and improved with:

(a)

A compacted stone base a minimum of seven inches thick, surfaced with a minimum of three inches of bituminous concrete surface course; or

(b)

A minimum of six inches of Portland cement concrete; or

(c)

A minimum of five inches bituminous concrete binder course and two inches of bituminous concrete surface course; and

(d)

Parking lots exceeding the size of 40 spaces must be designed by an engineer and must meet or exceed one set of standards listed above and the design must be approved by the zoning administrator and village engineer. In any application or use where traffic loading warrants additional paving thickness, the zoning administrator or village engineer may require submission of a pavement design for the parking lot or loading area; and

(e)

Parking lots and loading areas in which it is determined by the zoning administrator and village engineer upon application that it would be impractical to pave a parking lot or loading area in a particular use or application may utilize an alternative surfacing material or design approved by the zoning administrator and village engineer.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.14. Joint parking facilities.

Parking lots and loading facilities for different establishments, buildings, structures or uses, or for mixed uses, may be provided collectively in a circumstance in which separate parking facilities for each such constituent use would be permitted, provided, that the total number of spaces so provided collectively, shall not be less than the sum of the separate requirements for each use, unless otherwise approved by the zoning administrator. Provision for the maintenance and repair of such joint parking and loading facilities shall be made and must be approved by the zoning administrator.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.15. Location of off-street parking facilities.

All required parking spaces other than employee parking shall be within 500 feet of the use served. No parking spaces accessory to a use in a nonresidential district shall be located in a residential district, except that private, free, off-street parking accessory to such uses and municipal parking lots may be allowed by special use permit in such district within 200 feet of and adjoining a nonresidential district.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.16. Off-site parking facilities.

(a)

Parking facilities shall generally be located on the same zoning lot as the establishment, building, structure or use which is served by such facilities.

(b)

Required parking facilities may be located on land other than the zoning lot being served only when such facilities shall be and remain in the same possession or ownership as the zoning lot occupied by the establishment, building, structure or use for which the parking facilities are provided.

(c)

No such off-site parking facilities shall be authorized, and no permit to construct any such facilities shall be issued unless the zoning administrator has reviewed the plans for such off-site parking facility and determined that a common ownership or possession of the zoning lot served and the off-site parking facility are reasonably certain to continue so that the off-site parking facilities will be maintained at all times during the life of the establishment, building, structure or use for which the parking facilities are being provided.

(d)

Such approval may include, but not be limited to, the submission of appropriate leasehold, easement or similar instruments or documentation creating the right to establish, maintain and use the off-site parking facility incident to the ownership, possession, or use of the zoning lot served.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.17. Specific parking standards.

For the following uses, accessory off-street parking lots/spaces shall be provided as set forth herein. For uses not listed in the following schedules of parking requirements, parking spaces, lots shall be provided as set forth under the general parking standards in section 60.201.3:

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.18. Off-street loading.

Purpose. Off-street loading shall be provided which is adequate for the use located on the zoning lot. Off-street loading facilities shall be provided to allow adequate ingress and egress to establishments, buildings, structures or uses upon each zoning lot in a manner which will not interfere with the movement of vehicular traffic to and from the zoning lot or adjacent public streets and ways.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.19. Access.

Each off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements upon the zoning lot and the street or alley. All such access ways shall be not less than 12 feet in width.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.20. Minimum loading facilities.

Any establishment, building, structure or use which is not otherwise, by the provisions of this Ordinance, required to have off-street loading facilities shall, nevertheless, be provided with adequate off-street loading facilities as determined by the zoning administrator to be necessary for such establishment, building, structure or use.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.21. Buffer strips.

Off-street loading spaces for vehicles over two tons' capacity shall not be closer than 50 feet to any property in a residential district unless such loading space is completely enclosed by a building, walls, a solid fence, or a foliage buffer not less than ten feet in height and approved by the zoning administrator.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.22. Location of off-street loading spaces.

All loading spaces, whether permitted or required, shall be located on the same zoning lot as the use served, shall not be located within 50 feet of the intersection of any two streets, and shall not be located within required front yards for the zoning lot.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.23. Loading facility not to be used for parking.

Space allocated to any off-street parking loading berth shall not, while so allocated, be used to satisfy any space requirements for off-street parking facilities on the zoning lot or portions thereof.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.24. Size.

Unless otherwise specified, a required loading space shall be at least ten feet in width by 40 feet in length, and shall have a vertical clearance of not less than 14 feet, or as determined by the zoning administrator, such greater or lesser size as may be needed to accommodate vehicles so that no vehicle loading or unloading overhangs into the public right-of-way or interferes with internal circulation upon the zoning lot. Reasonably adequate turning and maneuvering space shall be provided in addition to the minimum sized loading space requirements.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.25. Special uses, other uses.

For special uses and uses other than those prescribed in this Ordinance, loading spaces which are adequate in number and size to serve such special or other use, as determined by the zoning administrator shall be provided.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.26. Surfacing.

All off-street loading spaces shall be improved with a compacted stone base, not less than seven inches thick, surfaced with not less than two inches of bituminous concrete or a comparable material with equivalent construction which is approved by the zoning administrator with the advice of the village engineer.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.27. Loading spaces required.

Off-street loading facilities shall be provided on the basis of gross floor area of the establishment, building, structure or use which is subject to the requirement for such off-street loading and shall be provided at a ratio of one loading space for the first 5,000 square feet of gross floor area per building with one additional loading space at the rate of one space for each additional 20,000 square feet of gross floor area up to 105,000 square feet, unless the zoning administrator determines that fewer loading spaces, but not less than one, are sufficient for the use being conducted on the zoning lot.

(Ord. No. 07-2009, 3-3-2009)

Section 60.201.28. Variation from parking and loading space requirements.

Upon application of any owner or possessor of a zoning lot, the parking and off-street loading requirements may be the subject of a variation granted under the variation procedures of this Ordinance; provided, however, that any such variation shall provide for equivalent parking or off-street loading facilities as those which would otherwise be required under this Ordinance for the establishment, building, structure or use.

(Ord. No. 07-2009, 3-3-2009)

In any zoning district or use where individual sewage disposal systems are permitted under this Ordinance, the requirements of this section shall apply to such systems.

(a)

The minimum lot area, width, and depth for the installation of such systems shall be subject to approval of the zoning administrator, but the minimum lot area shall not be less than 40,000 square feet in area, in any event.

(b)

In addition to the minimum lot size required in subsection (a) above, where an individual sewage disposal system is installed, it must meet all requirements of the Village of Godfrey Building Code (Ordinance No. 01-93, section 90.12), which incorporates the provisions or the Illinois Plumbing Code of 2004, the Illinois Private Sewage Disposal Code, and the Madison County, Illinois Private Sewage Disposal System Ordinance. Any such system must also meet any other applicable requirements of the State of Illinois for private sewage disposal systems and the requirements of any other governmental agency with jurisdiction over such systems.

(c)

In any application or location, the zoning administrator or the planning and zoning commission may require that a written opinion of a qualified engineer be obtained: (1) regarding the size of lot required for the individual sewage system to operate in the particular location and application according to recognized standards for such systems; and (2) to establish that the proposed lot size will not endanger or compromise reasonable or similar uses of adjacent properties. In the event the findings of the engineer indicate that larger lot sizes are necessary, the zoning administrator or the planning and zoning commission may require a lot size in excess of the minimum which would otherwise apply.

(d)

In addition to any other governmental requirements or regulations applicable to any private or individual sewage system, all such systems shall conform to the manufacturer's specifications for the system as to installation and operation.

(Ord. No. 07-2009, 3-3-2009)

Section 60.202.1. Minimum design standards.

In addition to any other applicable ordinance, rule or regulation, the following minimum design standards shall be applicable to any private individual sewage systems installed from and after the effective date of this Ordinance:

(a)

No part of any drain field shall be within 100 feet of any well, lake, stream or other body of water.

(b)

No septic tank system shall be smaller in size than 1,000-gallons liquid capacity.

(c)

Drain fields shall not be allowed in areas over 12-percent slope.

(d)

Drain fields shall not be constructed in areas where the groundwater table (permanent, fluctuating or seasonal) may be less than four feet below the bottom of the trench or bed of the drain field.

(e)

Septic tanks and subsurface seepage field or buried sand filter shall not be constructed in an area where there is less than 30 feet of soil between the lowest point in the seepage system and the top of a limestone formation.

(f)

Above ground discharge of effluent from aerobic treatment systems or sand filters may not be discharged into a common collector drain for multiple individual systems, onto any street, into any roadside ditch, or directly into any storm sewer.

(Ord. No. 07-2009, 3-3-2009)

Section 60.202.2. Percolation tests.

(a)

Percolation tests will be required to be conducted in all areas where septic tanks or other soil absorption private sewage systems are proposed.

(b)

Where grading is to be done, such tests shall be made in the soil after finished grade has been established.

(c)

Not less than two separate percolation tests shall be performed at the site of each proposed disposal area. More than two percolation tests may be required when the soil structure may vary or where large disposal areas are required for the particular system.

(d)

Preliminary tests for subdividing large tracts shall be conducted as prescribed by the zoning administrator, with the approval of the village engineer.

(e)

Percolation tests shall not be made in frozen ground.

(f)

Percolation tests shall not be made in filled ground until the soil has been compacted or allowed to settle to the satisfaction of the zoning administrator.

(Ord. No. 07-2009, 3-3-2009)

Section 60.202.3. Procedure for conducting percolation tests.

Percolation tests shall be performed in accordance with procedures established by the zoning administrator and planning and zoning commission.

(Ord. No. 07-2009, 3-3-2009)

Section 60.202.4. Recording results.

Results of all percolation tests shall be placed in written form, certified by the person making the test, shall be provided to the property owner, and shall be filed with the village as directed by the planning and zoning commission.

(Ord. No. 07-2009, 3-3-2009)

Except as otherwise provided in this Ordinance, every building or structure shall be constructed or erected upon a lot or parcel of land which abuts upon a public street, upon a permanent easement of access to a public street, or upon a private street meeting the subdivision standards of the Village of Godfrey.

(Ord. No. 07-2009, 3-3-2009)

In any district where the slope of any lot exceeds 12 percent within 50 feet of any wall of a building or structure, the permission of the zoning administrator shall be obtained prior to the commencement of any construction on the lot and prior to the issuance of any building permit. Such application shall meet the following requirements:

(a)

A site plan shall be submitted describing water flows and the degree of slope and the location of all buildings and structures on the lot. The principal use of the lot shall be indicated on the site plan. The scale of the site plan shall be one inch equals 100 feet or at a scale, as approved by the zoning administrator, which provides for clarity of presentation of contour intervals adequate to describe such flows and degree of slope.

(b)

Adequate evidence that undue erosion will not occur or result from the development and use of the lot as proposed. Structural, mechanical and/or natural cover or other measures shall be installed, with the approval of the zoning administrator, to prevent and protect any building or structure from hillside slippage or erosion.

(c)

A stable angle of recline for the soil properties on the lot may be required by the zoning administrator.

(d)

No significant alteration or changes in the natural flow of water courses will be permitted unless a drainage plan is provided and approved by the zoning administrator.

(e)

Adequate access to the property by emergency and other vehicles will be provided.

(f)

Structural mechanical devices such as fences, vertical curbs (not less than six inches) and similar means shall be installed, as approved by the zoning administrator, to provide reasonable protection against any undue hazard created or caused by the development of the lot where a slope of 12 percent or over is present, however, no such device shall be installed in a manner which blocks or diverts the natural drainage of the lot without the approval of the zoning administrator.

(g)

No such development shall be permitted where it would be detrimental to adjacent properties.

(Ord. No. 07-2009, 3-3-2009)

The following lot requirements shall be applicable in all zoning districts and uses.

(Ord. No. 07-2009, 3-3-2009)

Section 60.205.1. Corner lots.

Each corner lot shall have a rear yard and a side yard which meet the minimum yard requirements of the applicable zoning district. The side and rear yards shall be identified by the person making application for the first building or structure to be placed upon a corner lot. Front yard requirements shall be met on all street frontages.

(Ord. No. 07-2009, 3-3-2009)

Section 60.205.2. Contiguous parcels.

When: (a) two or more parcels of land, each of which lacks adequate area and/or minimum dimensions to qualify for a permitted use under the requirements of the district in which they are located; (b) such parcels are contiguous; and (c) such parcels are held under one ownership, they shall be considered and may be used as one zoning lot for a permitted use within the district.

(Ord. No. 07-2009, 3-3-2009)

Section 60.205.3. Division of lots.

No zoning lot shall be divided into two or more zoning lots unless all of the zoning lots resulting from each division shall conform to all applicable regulations of the zoning district in which the property is located.

(Ord. No. 07-2009, 3-3-2009)

The following provisions shall apply to establish yard requirements which in turn create setback requirements within zoning districts and uses within districts.

(Ord. No. 07-2009, 3-3-2009)

Section 60.206.1. Required yards (setback requirements).

Building setback requirements under this Ordinance are established by yard requirements specifying the width of front, rear and side yards from the zoning lot line to a structure constructed on the zoning lot.

(Ord. No. 07-2009, 3-3-2009)

Section 60.206.2. Required yards for existing structures.

No yards now or hereafter provided for a building or structure existing on the effective date of this Ordinance shall subsequently be reduced below the minimum yard requirements for equivalent new construction. In the event an existing yard is below the minimum yard requirements established by this Ordinance, there shall be no further reduction in that yard.

(Ord. No. 07-2009, 3-3-2009)

Section 60.206.3. Permitted obstructions in required yards.

Subject to the foregoing requirements, the following shall not be considered to be in contravention of yard requirements when located in the required yard specified:

(a)

In all yards:

(1)

Terraces, porches, retaining walls, walls and fences constructed in accordance with the requirements of this Ordinance, sidewalks, drives, parking areas or any other obstruction not over four feet above the average level of the adjoining property, but not including permanently roofed over terraces, porches, carports, or accessory buildings or structures.

(2)

Steps, four feet or less above grade, which are necessary for access to permitted building or structure or for access to a zoning lot from a street or alley.

(3)

Chimneys projecting 18 inches or less into the yard.

(4)

Recreational and laundry drying equipment.

(5)

Arbors, trellises, flagpoles.

(6)

Cornices, canopies, awnings, eaves, sills, gutters, downspouts, bay windows or other such similar features, which may extend three feet into any required yard, but not nearer to any lot line than three feet.

(b)

In side or rear yards:

(1)

Detached garages, carports, open off-street parking spaces, and other accessory buildings; provided, however, that there shall be maintained in accordance with minimum setback requirements for the zoning district.

(2)

An outside stairway, enclosed above and below its steps, may extend four feet into any required side or rear yard, or both, but it may not extend nearer than six feet to any side lot line.

(3)

Fences, walls, retaining walls and terraces.

(4)

Required screening for parking lots and other required or permitted screening.

(Ord. No. 07-2009, 3-3-2009)

Section 60.206.4. Yard location and open space.

All yards, courts and other open spaces allocated to a building or structure shall be located on the same zoning lot as the building or structure, unless otherwise specifically provided for in this Ordinance.

(Ord. No. 07-2009, 3-3-2009)

Section 60.206.5. Maintenance of courts, yards and other open spaces.

The maintenance of yards, courts and other open spaces and minimum lot area required for a building shall be continuing obligations of the owner or occupant of the building or the owner of the property on which it is located if a building or a structure is vacant. Furthermore, no required yards, courts or other open spaces, or minimum lot area allocated to any building or structure shall, by virtue of change of ownership or for any other reason, be used to satisfy yard, court, other open space or minimum lot area requirements for any other buildings or structures.

(Ord. No. 07-2009, 3-3-2009)

(a)

This section shall regulate all fences, walls, buffer strips and similar structures unless otherwise provided in some other section of this Ordinance, including fences, walls, buffer strips and similar structures in all uses and districts, other than agricultural fencing which is regulated by section 60.400 et seq.

(b)

For purposes of this section 60.207 et seq., the term "fences" shall include walls, buffer strips and similar structures consisting of an artificially constructed barrier intended to provide privacy or limit access to a zoning lot or a portion of a zoning lot.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.1 Location.

(a)

Fences shall be located within the side or rear yard areas of each zoning lot and, except as hereinafter provided, shall not be located in the front yard of any zoning lot.

(b)

Fences may be installed on zoning lot lines where it is constructed on a joint or shared basis with the adjoining zoning lot owner or with the consent of the adjoining owner so as to create a common or shared fence for both lots. In such circumstances, it shall be the responsibility of the installing owner to provide written confirmation of the consent of the adjoining owner for installation of the fence on the property line.

(c)

In single-family residential uses, fences shall not be installed in the front yard of zoning lots located in R-2, R-3, R-4 or R-6 zoning districts. Fences, walls and similar structures of a purely ornamental nature utilized for landscaping effect may be installed in the front yard in the zoning lots of such districts; however, they may not exceed two feet in height. Upon approval of the zoning administrator, subject to review by the planning and zoning commission, nonornamental fences, walls and similar structures may be installed in the front yards of the foregoing single-family residential zoning districts and applications, but only if same are compatible with the adjoining property and its use.

(d)

In R-1, multifamily and nonresidential zoning districts, fences may be installed in front yards only with the approval of the zoning administrator upon written application.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.2. Fence height.

(a)

In residential rear and side yards, the maximum height of any fence shall be eight feet. Where allowed, a fence located in a residential district in the front yard shall not exceed four feet in height. In nonresidential applications, fence height shall not exceed eight feet. The foregoing limitations shall not be applicable to fencing which is part of a backstop, tennis court or recreational application; however, the installation of such structures in residential districts shall require approval of the zoning administrator, subject to review by the planning and zoning commission.

(b)

Exception to height requirements. Fence height limitations are not applicable to fences built in conjunction with public utility substation facilities; municipal facilities; water or sewage treatment plant facilities; however, fences installed in such applications in residential districts may be required by the zoning administrator, subject to review by the planning and zoning commission, to install appropriate screening in connection with such fence installations.

(c)

Fence height measurement. Fence height shall be measured at the highest point, not including columns or posts of the fence section as measured from the grade on the side of the fence nearest the abutting property or street location. Columns or posts shall not extend more than 18 inches above the built height of the fence. Columns or posts shall be separated by a horizontal distance of at least four feet, except at gates. Any retaining wall or berm below the fence shall be considered as part of the overall height of the fence.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.3. Temporary fencing.

Temporary fences may be installed around construction sites and works, and erected or maintained as may be required by any applicable building code, statute or regulation.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.4. Permitted fence types.

The following fence types are permitted in all zoning districts: Masonry or stone walls; ornamental iron; wood; vinyl; or other materials approved by the zoning administrator upon application and subject to review by the planning and zoning commission. Chain link or woven wire fencing is permitted only in rear and side yards of single-family residential uses. Chain link or woven wire fencing is permitted in nonresidential districts.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.5. Prohibited fence types.

The following fence types are prohibited:

(a)

Fences constructed primarily of barbed or razor wire.

(b)

Fences carrying an electrical current.

(c)

Fences constructed of any readily flammable material such as paper, cloth or canvas.

(d)

Fences topped with barbed wire, metal spikes, concertina wire or similar material in any residential district, except fencing installed in a permitted nonresidential application within such area such as a public institution or public utility facility and which is installed for public safety or security purposes.

(e)

Fences constructed of concertina wire or comparable material.

(f)

Snow fences, chicken wire, livestock and farm style fences.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.6. Construction and maintenance standards.

(a)

All fence posts and supporting fence members shall be erected so that following construction they will face to the interior of the premises served by the fence.

(b)

All chain link fencing shall be installed knuckle side up. The use of spikes, broken glass or sharp or pointed instruments or materials intended or likely to cause injury to any person coming into contact with same is prohibited.

(c)

All fences, walls and similar structures shall be maintained in a good state of repair on a continuous basis in a safe manner plum (vertical) to the ground. Fences which are not maintained in a safe manner as a result of neglect, lack of repair, manner of construction, method of placement, or otherwise, shall be repaired, replaced or demolished.

(d)

Multiple fence installations along the same lot line shall be installed so that the outermost fence will screen any other fence installed along the same lot line or yard.

(Ord. No. 07-2009, 3-3-2009)

Section 60.207.7. Other fence requirements.

The following additional requirements shall apply to all fencing:

(a)

Obstruction of view. No fence shall be placed or retained in a manner which obstructs vision at any intersection of public or private streets or ways.

(b)

Obstruction of access. No fence shall block access from doors or windows. Fences shall be located at least two feet from building walls or structures except where fences project from building wall or the structure.

(c)

Obstruction of drainageway. Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swell or ditch, or impair in any manner the movement of water across the zoning lot.

(Ord. No. 07-2009, 3-3-2009)

Any outdoor lighting structure or outdoor illumination shall be located, arranged, angled, shielded or limited in intensity so as to cast no direct light upon any adjacent or neighboring property and so as to avoid the creation of any visual safety hazard to passing motorists. Indirect illumination shall be limited so as to avoid the creation of any nuisance to neighboring properties.

(Ord. No. 07-2009, 3-3-2009)

Except for approved and permitted retention facilities, there shall be no obstruction of natural drainage across a zoning lot, except as may be approved by the zoning administrator upon application prior to the alteration of such drainage way or flow. The owner of each zoning lot shall be responsible for maintaining all natural drainage ways across the zoning lot so as not to impede or inhibit the flow of stormwater drainage.

(Ord. No. 07-2009, 3-3-2009)

Signage in all zoning districts and uses shall be regulated by the Village of Godfrey Signage Ordinance No. 16-94.

(Ord. No. 07-2009, 3-3-2009)

No swimming pool, whether public or private, shall be located in any front yard. All swimming pools of more than two feet in depth shall have appropriate fencing installed which shall be not less than four feet in height around the pool to limit access to it unless, upon application, the zoning administrator, subject to review by the planning and zoning commission, approves a different, but equivalent, means of limiting access to the swimming pool. Unless otherwise approved by the zoning administrator upon application, subject to review by the planning and zoning commission, no fence installed around a private swimming pool may exceed a height of eight feet. A permit from the building and zoning administrator is required for all new swimming pool construction or renovation. The construction must comply with all building code requirements and the 2011 NEC as adopted by the Village of Godfrey. The electrical and bonding must be done by a certified electrician and he/she must sign the building permit along with the property owner or general contractor.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 18-2017, § 2, 9-19-2017)

(a)

In all zoning districts and land uses within the Village of Godfrey, the creation or continuation of any nuisance by the introduction of noise, injurious substances, conditions and/or operations shall be prohibited.

(b)

The following shall constitute a violation of this prohibition:

(1)

The creation of unreasonable physical hazards (to persons or property) by fire, explosion, radiation or other cause;

(2)

The discharge of any liquid or solid waste into any stream or body of water or into any public or private sewage or other disposal system or into the ground so as to contaminate any water supply, including underground water supply groundwater;

(3)

The maintenance or storage of any material either indoor or outdoor so as to cause or facilitate the breeding of vermin;

(4)

The emission of smoke or other air pollutants, measured at the point of emission, which constitute an unreasonable hazard to the health, safety or welfare of any person or property;

(5)

The emission of fly-ash or dust which constitutes an unreasonable hazard to the health of persons, animals, plant life or property when measured at or beyond the property line of the premises on which the emission is created or caused;

(6)

The creation or causation of any offensive odors which are discernable at or beyond any property line of the premises on which such odor is created or caused;

(7)

The creation or maintenance of any unreasonable reflection or direct glare by any process, lighting or reflective material at or beyond any property line of the premises on which same is created or caused;

(8)

The creation or maintenance of any unreasonably distracting or objectional vibration and/or noise discernable at or beyond any property line of the premises on which the vibration or noise is created or maintained.

(c)

With regard to the placement and removal of refuse containers it shall constitute a violation of this prohibition, if:

(1)

Garbage and/or refuse containers are placed out on any collection route earlier than 12 hours before the regularly scheduled pickup by the respective route truck and any containers are placed so as to block mail boxes, sidewalks or the free flow of traffic on the street; and

(2)

Within 12 hours following the collection of all garbage or refuse, the containers used for the collection of garbage or refuse are not removed, and when stored outside are not stored behind the front plane of the principal structure of the subject property in relation to the street on which the property has frontage; and

(3)

Refuse containers are located in any front yard or public right-of-way or obscure visibility or vehicles entering or exiting the subject property or adjacent property. Dumpsters located on a corner lot shall be placed behind the building line of the subject property and all adjacent properties.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 08-2018, § 1, 5-15-2018)

No temporary structure (any structure intended for temporary use, including trailers, recreational vehicles or manufactured housing) shall be used or occupied for any residential, commercial, industrial or other use, except as specifically permitted by this Ordinance. A temporary use is one established for a fixed but limited time, with the intent of discontinuing the use upon the expiration of the time period.

(Ord. No. 07-2009, 3-3-2009)

Section 60.213.1. Temporary use by reason of emergency.

(a)

Upon application, the planning and zoning commission may permit the use of a temporary structure for a period not to exceed one year, subject to such conditions as the planning and zoning commission may deem to be appropriate and reasonable having consideration for the general health, safety and welfare and the compatibility of the temporary use with the area in which the temporary structure is to be located. Such temporary occupancy shall be contingent upon an emergency resulting from fire, casualty, explosion, or disaster, or in conjunction with construction, demolition or similar conditions.

(b)

Upon application and for good cause shown, the planning and zoning commission may grant an extension or the permit for the use of the temporary structure, which permit was initially issued pursuant to the provisions of subsection 60.213.1(a). Said extension shall be for a period not to exceed one year. Application for the said extension shall be made not less than 30 days prior to the expiration of the initial permit.

(Ord. No. 07-2009, 3-3-2009)

Section 60.213.2. Construction and sales facilities.

Temporary structures used in connection with the development and sale of a tract of land may be erected or located on the tract prior to and may remain on the tract during the construction or development. In such circumstances, the following requirements shall apply:

(a)

Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of the tract, provided that such temporary structures are removed from the tract within 30 days following substantial completion of the project or development improvements. Temporary buildings or trailers must also be removed from the tract within 30 days following the suspension of work on the project or development after the revocation of a building permit, or when so ordered by the zoning administrator upon a finding that the temporary structure is hazardous to the public health or welfare, or no longer constitutes a bona fide temporary use.

(b)

Temporary real estate offices or sales offices may be located in a display dwelling unit or a temporary building on a tract being developed. Any such office must be closed and the operation discontinued in all temporary structures and facilities removed from the tract within 30 days after 90 percent of the lots or units within the development have been sold, rented, leased or occupied.

(c)

No temporary building or trailer shall at any time be located closer than 25 feet to a property line of any adjacent zoning lot.

(d)

A bond in a form satisfactory to the Village of Godfrey shall be posted prior to the placement of any temporary building, trailer or structure to assure to the village the removal of the temporary building, trailer or structure.

(Ord. No. 07-2009, 3-3-2009)

Section 60.213.3. Storage trailers.

Storage trailers may not be placed upon any zoning lot, except under the following circumstances:

(a)

When the trailer is being used in association with new construction occurring on the zoning lot or in a tract in which the zoning lot is located. Such storage trailer shall be removed within 30 days after 90 percent of all lots or units have been sold, rented, leased or occupied in the tract or on the zoning lot being developed.

(b)

When the trailer is being used for a special promotion not to exceed 30 days.

(c)

When the trailer is being utilized for a permitted use or a special use in a particular zoning district.

(Ord. No. 07-2009, 3-3-2009)

Section 60.213.4. Existing storage trailers.

Any storage trailer in use on the effective date of this Ordinance shall be deemed to be a legal nonconforming use and may continue provided that the following requirements are met:

(a)

That there is no physical change other than necessary maintenance and repair to the storage trailer;

(b)

That it meets all other requirements of this Zoning Ordinance;

(c)

That when its use is discontinued for a period of six months, the storage trailer will be removed;

(d)

That the storage trailer is used only as an accessory use. If the principal use on the zoning lot is discontinued, the storage trailer must be removed;

(e)

That the storage trailer must meet all applicable anchorage and tie down requirements of any building code, federal, state, or local statute, ordinance or regulation; and

(f)

That, except in agricultural and manufacturing districts, all such storage trailers in place at the time this Ordinance is adopted shall be removed within five years from that date.

(Ord. No. 07-2009, 3-3-2009)

Where allowed as a permitted or special use within a zoning district, the requirements of this section shall apply to child/adult daycare facilities.

(Ord. No. 07-2009, 3-3-2009)

Section 60.214.1. Definitions.

Daycare. The provision of supplemental care and supervision for a nonrelated child (children) or adult (adults) on a regular basis for less than 24 hours per day. Daycare does not include babysitting services of a casual, nonrecurring nature which take place in the child or adult's own home, nor does it include cooperative, reciprocative child or adult care by a group of persons responsible for the cared for individual(s) in their respective domiciles.

Family daycare home. A family home (single-family dwelling) in which care is regularly provided to fewer than eight children or adults for less than 24 hours per day.

Daycare center. A care facility which regularly provides daycare for less than 24 hours per day for more than eight children or adults (including children or foster children residing on the premises) in a family home or a facility in which more than three children or adults (including children or foster children residing on the premises) in a facility other than a family home for part of the 24-hour day.

(Ord. No. 07-2009, 3-3-2009)

Section 60.214.2. Requirements.

All child/adult daycare facilities shall meet the following requirements:

(a)

All state licensing requirements must be met, including those pertaining to building, fire safety and health codes.

(b)

All lot size, yard size, building size and lot coverage requirements must conform to the applicable zoning district in which the facility is located.

(c)

One off-street parking space must be provided for each nonresident or nonfamily member employee in addition to any other parking requirement within the zoning district, provided that if it allows for sufficient ingress and egress, a residential driveway is acceptable for this purpose. In the event the facility is located on a major arterial street, an off-street drop-off/pick-up area must be provided.

(d)

Signage will conform to the Village of Godfrey Sign Ordinance.

(e)

In the case of a family daycare home, there shall be no structural or decorative alteration to the building in which the facility is located which would distinguish it from the single-family character of the surrounding residences.

(Ord. No. 07-2009, 3-3-2009)

Section 60.214.3. Location.

(a)

Family daycare homes shall be a permitted use in all residential zoning districts.

(b)

Daycare centers shall be a permitted use in all business zoning districts.

(Ord. No. 07-2009, 3-3-2009)

The provisions of this section shall be applicable to community residences of all types located within the Village of Godfrey. All community residences shall comply with the provisions of this section, regardless of the zoning district in which located.

(Ord. No. 07-2009, 3-3-2009)

Section 60.215.1. Definitions.

Community residence. A licensed group home or residence, boarding home for sheltered care, community residential home or community residence for the developmentally disabled, but not including, any residence serving as an alternative to incarceration for a criminal offense or a residence serving persons placed in such facility for substance or alcohol abuse or for treatment of any communicable disease.

Small community residence. A licensed community residence serving eight or fewer persons in a family-like atmosphere.

Large community residence. A licensed community residence serving up to 16 persons.

Boarding home for sheltered care. A licensed residential facility for the sheltered care of persons with special needs which, in addition to food and shelter, may include some combination of personal care, social services and/or counseling services.

Community residence for developmentally disabled. A supervised community residence facility, licensed by the State of Illinois, providing food, shelter and personal guidance to developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community.

Community residential home. A dwelling unit licensed by the State of Illinois to serve clients of a governmental agency which provides a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision as may be needed to meet the needs of the residents of the facility, but not a residence serving as an alternative to incarceration for a criminal offense or a residence serving persons placed in such facility for substance or alcohol abuse or treatment of any communicable disease.

(Ord. No. 07-2009, 3-3-2009)

Section 60.215.2. Requirements.

The following requirements shall apply to all community residences:

(a)

All community residences shall meet applicable state or federal licensing requirements for the facility.

(b)

Community residences shall not be located closer than 500 feet to another community residence, unless approved by the planning and zoning commission, after a determination that the effect of such uses would not alter the residential character of the neighborhood, would not create an institutional setting, and would not cause an adverse effect on surrounding and nearby properties.

(c)

A small community residence may be located as a special use within the R-5 zoning district of the Village of Godfrey.

(d)

A large community residence may be located as a special use within the R-5 zoning district of the Village of Godfrey.

(Ord. No. 07-2009, 3-3-2009; Ord. No. 39-2023, § 2, 11-21-2023)

(a)

Screening and/or buffering shall be liberally used to reduce the effect of incompatible land uses and nonaesthetic views between adjacent land uses and as a means to protect land values. Particularized screening and/or buffering requirements are established in this Ordinance, and where such specific screening and/or buffering requirements are set forth, they shall control.

(b)

In any circumstance where a specific standard does not apply and different zoning districts or uses adjoin, the zoning administrator, subject to review by the planning and zoning commission, shall require that screening and/or buffering be provided on the more intensely zoned property and that such screening and/or buffering be maintained so long as the adjoining zoning lots remain in different zoning districts or uses.

(c)

The zoning administrator, subject to review by the planning and zoning commission, may also require screening and/or buffering between adjoining land uses within the same zoning district, if this is reasonably necessary to protect the less intense land usage from the more intense usage, and it is determined that there will be a reduction in property value if screening and/or buffering are not applied.

(d)

Where property is rezoned from a less intense to a more intense zoning district classification, or where a special use is approved for a particular property within a zoning district, or where a variance is granted as to a particular use within a zoning district, screening and/or buffering shall be required, as appropriate to protect adjoining uses from the new use.

(e)

An adjoining use shall not be required to screen or buffer where there is no change in use on a property or zoning lot adjacent to the adjoining use. In such circumstances, it shall be the responsibility for the new use to provide the screening or buffering.

(f)

Where nonagricultural development occurs on land abutting or adjoining land used for agricultural purposes, the new nonagricultural development must be so situated as to provide a buffer distance of 100 feet from any agricultural activity which results in offensive odor, dust or noise, unless, upon application, a substitute buffering means is approved by the zoning administrator.

(g)

Where development occurs on industrial or commercially zoned property that adjoins residentially zoned property, no occupancy permit shall be issued for said industrial or commercial zoned property until such time as an eight-foot buffer is in place. Said buffer shall have reached the height of eight feet before the occupancy permit can be issued.

(Ord. No. 07-2009, 3-3-2009)

Section 60.216.1. Requirements.

(a)

Screening and buffering in a particular application may consist of fencing as defined in section 60.207, landscaping, or a combination of fencing and landscaping approved by the zoning administrator, subject to review by the planning and zoning commission, which will be of an adequate means to provide buffering or screening between zoning districts or uses within a particular zoning district.

(b)

In determining the scope and quantity of screening, the zoning administrator shall take into account the nature of the uses on the adjoining properties; the nature of the condition which is to be screened or buffered; the efficacy of screening and buffering to control the condition; the cost of providing the screening and buffering; and the land uses within the immediate area of the properties for which buffering is being considered.

(Ord. No. 07-2009, 3-3-2009)

Section 60.216.2. Maintenance.

Screening and buffering shall be continuously maintained by the party responsible for its installation in a good state of repair and upkeep. Landscaped screening and buffering shall be maintained with new plantings and seasonal upkeep as required for the landscaping to properly perform its screening and buffering function.

(Ord. No. 07-2009, 3-3-2009)

Section 60.216.3. Submittals.

The zoning administrator may require that a screening and/or buffering site plan be submitted prior to the approval or installation of any screen or buffer. Such site plan shall be prepared in a manner prescribed by the planning and zoning commission by rule. In major applications, the zoning administrator may require that the site plan be prepared by a qualified landscape architect or other professional with experience in the creation of screening and buffering.

(Ord. No. 07-2009, 3-3-2009)

Electrical substations, gas regulator stations, telephone exchange facilities, sewage treatment facilities, water storage facilities, pump and lift stations, repeater stations, pressure regulator stations, and similar public utility facilities are recognized as being necessary structures within the Village of Godfrey to serve its residents.

(Ord. No. 07-2009, 3-3-2009)

Section 60.217.1. Public utility facilities in residential districts.

In the construction or maintenance of any public utility facilities in any zoning district in the Village of Godfrey, the following requirements shall, at a minimum, be met:

(a)

There shall be no public office, repair or storage facility in connection with any such public utility facilities.

(b)

Any building or structure housing a public utility facility shall be designed and constructed to conform to the general character of the neighborhood in which it is located.

(c)

The property on which the public utility facility is located shall be appropriately screened and buffered with fencing and landscaping to screen it from adjoining and neighboring uses. Such screening and buffering shall be approved by the zoning administrator and such plan shall be submitted prior to the construction or installation of any such facility by a public utility. The screening plan shall be submitted in the form required by the zoning administrator.

(d)

Except where the zoning administrator may otherwise specifically approve, the facility and any building housing the facility shall meet all yard requirements for the zoning district in which the facility is located.

(e)

Any exposed equipment (equipment not in an enclosed building or similar structure) shall be enclosed by a fence or wall not less than eight feet in height.

(f)

The utility placing the facility in the zoning district shall enter into an agreement for continuing maintenance of the public utility facility and the screening system for the facility.

(g)

The zoning administrator may, additionally, impose such additional, or different, requirements as he may determine to be appropriate in order to assure that the public utility facility does not impose an unreasonable burden on the adjoining property and neighborhood in which it is located.

(Ord. No. 07-2009, 3-3-2009)

The installation of an earth terminal antennae or an earth terminal, as hereinafter defined, shall be a permitted use in all zoning districts, or similar amateur radio structures which exceed the height limits of subsection 60.219.2(c).

(Ord. No. 07-2009, 3-3-2009)

Section 60.218.1. Definitions.

Earth terminal antennae or earth terminal. Any apparatus, device, tower or structure, commonly known as an earth terminal antennae, earth terminal, earth station, satellite communications antennae, satellite antennae, microwave disk antennae, dish antennae, microwave tower, cellular telephone tower, or repeater tower, including as part of such apparatus, structure or device, the main reflector, subreflector feed, amplifier and support structure which is designed and intended for the purpose of transmitting and/or receiving microwave, television, radio, satellite or other electromagnetic energy signals into or from space, but not including conventional television, radio and separately regulated satellite receiving equipment utilized for personal purposes and amateur radio antennae (other than repeater towers or similar amateur radio structures which exceed the height limits of subsection 60.219.2(c)).

(Ord. No. 07-2009, 3-3-2009)

Section 60.218.2. Requirements.

(a)

Prior to approving building permit for an earth terminal antennae or earth terminal, the zoning administrator may impose appropriate screening or buffering requirements on the installation of such an apparatus, structure or device.

(b)

The supporting structure of any new earth terminal antennae shall be constructed with horizontal separation distance to the nearest principal residential building of not less than the height of the supporting structure; except that if the supporting structure exceeds 99 feet in height the horizontal separation distance to the nearest principal residential building shall be at least 100 feet or 80 percent of the height of the supporting structure, whichever is greater. Compliance with this section shall only be evaluated as of the time that a building permit application for the supporting structure of an earth terminal antennae is submitted. If the supporting structure of the earth terminal antennae is an existing building or other existing structure, this section is not applicable.

(Ord. No. 07-2009, 3-3-2009)

The installation, construction and maintenance of amateur radio antennae and antennae support structures shall be governed by the provisions of this section.

(Ord. No. 07-2009, 3-3-2009)

Section 60.219.1. Definitions.

Antenna. The arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves between terrestrially and/or orbitally based structures.

Antenna support structure. Any structure, mast, pole, tripod or tower utilized for the purpose of supporting an antenna or antennae for the purpose of transmission or reception of electromagnetic waves by a federally licensed amateur radio operator.

Antenna support structure height. The overall vertical length of the antenna support structure above grade, or if such system is located on a building or other structure, then the overall vertical length shall include the height of the building or structure upon which the antenna support structure is mounted.

(Ord. No. 07-2009, 3-3-2009)

Section 60.219.2. Requirements.

The following requirements shall apply to any amateur radio antenna support structure:

(a)

No such antenna support structure shall be installed without the appropriate building permit being obtained under applicable building code provisions. A building permit shall be obtained for each such installation unless the antenna support structure is less than 12 feet in height and is otherwise be exempt from the application of the building code.

(b)

Where an application for building permit is required as set forth in subsection (a) above, in addition to any other building code application requirements, the following information shall be submitted with the application for the building permit:

(1)

A location plan for the antenna support structure including details of any guy wires, footings, and/or braces designed according to sound engineering practices.

(2)

Manufacturer's specifications for the antenna support structure and requirements for footings, guy wires and braces.

(3)

Proof or certification that the applicant has liability insurance coverage applicable to the antenna support structure insuring against general public liability for personal injury, bodily injury and property damage.

(c)

Height Limitation. No antenna support structure shall be installed, constructed, or increased to exceed:

(1)

Sixty-five feet above grade in any single-family residential zoning district.

(2)

The greater of 100 feet or the distance such structure is to the nearest lot line of the zoning lot or tract on which the structure is located (height to be measured above grade) in an agriculturally zoned district.

(3)

Thirty feet above the height limitation otherwise allowed for structures in any other zoning district.

No antenna, with mast, shall be installed on any antenna support structure such that more than 35 feet is added to the overall height of the installation (support structure height plus antenna height with mast) and such installation shall not exceed an overall height from grade of 100 feet. To accommodate safe stacking of all antenna arrays, the mast holding the antenna(s) shall be designed to support and maintain the integrity of the antennas and the supporting tower structure. The mast shall be constructed of material that provides the appropriate PSI yield strength (the point where the mast will deflect and not return to its original shape) to insure stacking integrity.

(d)

All antenna support structures shall meet the following requirements:

(1)

All steel antenna support structures shall be designed, erected and maintained in accordance with the requirements of the Electronic Industries Association Structural Standards for Steel Antenna Towers and Antenna Supporting Structures and shall meet a wind loading requirement of at least 70 miles per hour. In all installations, materials and manner of installation shall meet or exceed the manufacturer's minimum requirements, and all ground-mounted antenna support structures shall be installed in a concrete base.

(2)

All aluminum antenna support structures shall be designed, erected and maintained in accordance with standard and sound engineering practices and shall meet a wind loading requirement of at least 70 miles per hour. In all installations, materials and manner of installation shall meet or exceed the manufacturer's minimum requirements, and all ground-mounted antenna support structures shall be installed in a concrete base.

(3)

Electrical requirements. All antenna support structures, whether ground or roof-mounted, shall be grounded with a minimum of one ground rod a minimum of five-eighths inch in diameter and eight feet in length. The ground conductor shall be a minimum of number 10 GA copper. In all installations, electrical requirements shall meet or exceed the manufacturer's minimum requirements for grounding and installation.

(e)

Restrictions. The following restrictions shall apply to amateur radio antennae and support structures:

(1)

No antenna shall protrude in any manner over or upon the property adjoining the location where the antenna is located without the written consent and permission of the adjoining property owner and the zoning administrator, subject to review by the planning and zoning commission.

(2)

No antenna shall protrude upon or across any public property or right-of-way or be located upon any public property or right-of-way.

(3)

No ground-mounted antenna support structure shall be erected in a front yard, and all such structures shall meet rear and side yard requirements.

(4)

Transmission repeater towers which exceed the height or other limitations of these regulations shall be subject to the provisions of section 60.218 et seq.

(5)

No more than one antenna support structure shall be erected on any zoning lot from and after the effective date of this Ordinance unless a special use for such multiple installation is granted under subsection 60.219.2(f), below.

(f)

Any amateur radio operator desiring to install, erect or maintain an antenna support structure and/or antenna at a height in excess of that otherwise permitted under this section or in a manner different from that permitted by this section shall apply for a variance under the procedures of section 60.907 et seq. In addition to the standards of section 60.907.2, the reviewing bodies shall also consider the topographical conditions present and/or other operational parameters of the antenna or radio equipment proposed for use by the operator which may justify the variance. In each instance where a variance is granted, adequate provision shall be made by conditions on the variance to protect adjoining properties.

(Ord. No. 07-2009, 3-3-2009)

Section 60.219.3. Exemptions.

The provisions of this section 60.219 shall not be applicable to any existing antenna and antenna support structure utilized by a federally licensed amateur operator which has been legally constructed and is in place prior to the effective date of this Ordinance, provided, however, that the height of such installation (support structure height plus antenna(e) height with mast) shall not be increased beyond its overall height at such effective date without compliance with the provisions of this section 60.219. The antenna height limit of section 60.219.2 (ten feet) shall apply to such installations. All such existing support structures must be maintained continuously in a safe condition and state of good repair.

(Ord. No. 07-2009, 3-3-2009)

The following requirements shall apply to the installation and maintenance of residential television and radio receiving antennae, and satellite receiving dishes.

(Ord. No. 07-2009, 3-3-2009)

Section 60.220.1. Definitions.

Antenna. The arrangement of wires or metal rods used in the sending and receiving of electromagnetic waves between terrestrially and/or orbitally-based structures.

Satellite receiving antenna (satellite dish/disk). a parabolic or dish-shaped antenna 20 inches or more in diameter or other apparatus or device that is designed for the purpose of receiving radio or electromagnetic waves.

Section 60.220.2. Requirements.

The following requirements shall apply to any residential television antenna, radio receiving antennae, and satellite receiving dishes:

(a)

Location. No such structure shall be located in the front yard of any zoning lot. Installation of such structures in a side yard must adhere to the same yard requirements the principal structure on the zoning lot. Installation of such structures in the rear yard of the zoning lot must meet the same requirements as accessory uses on the zoning lot. No such structure may protrude upon or across any adjacent property, public property or public right-of-way.

(b)

Height. Any such structure which is freestanding and 12 feet or more in height, or is mounted on another structure if four feet or more in height, shall constitute a special use requiring approval of the planning and zoning commission under the special use provisions of this Ordinance.

(c)

Screening. Appropriate screening may be required, as approved by the zoning administrator, subject to review by the planning and zoning commission, for all such structures if required to eliminate the view of the structure from adjoining property which causes the diminution of value of such adjoining property. Such screening shall be designed so that it will not impose unreasonable limitations on reception or impose costs on the user which are disproportionate to the total investment in the structure and its cost of installation.

(Ord. No. 07-2009, 3-3-2009)

Purpose and intent.

(a)

It is the 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)

It is further the purpose of this section is to protect the public health, safety, and welfare of the residents, businesses, and property in the village by prescribing the manner in which adult-use cannabis establishments, including matters in relation to:

(1)

Providing for a means of cultivation, production, and distribution of cannabis to persons permitted to obtain, possess, and use cannabis for recreational purposes under the Act;

(2)

Protecting public health and safety through reasonable limitations on business operations as they relate to noise, air, and water quality, food safety, neighborhood and public safety, security for the business and its personnel, and other health and safety concerns;

(3)

Promoting lively street life and high quality neighborhoods by limiting the concentration of any one type of adult-use cannabis establishments in specific areas;

(4)

Creating regulations that address the particular needs of the residents and businesses of the village and coordinate with laws that may be enacted by the State of Illinois regarding adult-use cannabis establishments and recreational cannabis use;

(5)

Facilitating the implementation of the Act without going beyond the authority granted by it;

(6)

Protecting public safety and residential areas by limiting the areas of the Village of Godfrey where adult-use cannabis establishments may be located;

(7)

Permitting recreational cannabis use, distribution, cultivation, and production where it will have a minimal impact and potential negative impacts are minimized, since these can have an impact on health, safety, and community resources.

(8)

Use, distribution, cultivation, production, possession, and transportation of cannabis is currently illegal under federal law, and cannabis remains classified as a schedule I controlled substance pursuant to federal law.

(9)

The general assembly has adopted enabling legislation that provides for adult-use cannabis establishments, however, the Act does not completely address the local impacts of adult-use cannabis establishments on municipalities, making it appropriate for local regulation of adult-use cannabis establishments.

(10)

Nothing in this section is intended to promote or condone the production, distribution, or possession of cannabis in violation of any applicable laws.

(11)

This section is to be construed to protect the public over the interests of adult-use cannabis establishments.

(12)

Adult-use cannabis establishments are a heavily regulated industry in the state and all licensees are assumed to be fully aware of the law, hence the village shall not therefore be required to issue warnings before issuing citations for violations of this section.

(13)

This section is intended to specify the time, place, and manner restrictions for operating an adult-use cannabis establishments in the village as specified under the Act and in this section.

(14)

The village board of trustees has determined to allow adult-use cannabis establishments in the village on the condition that the establishments are operated in compliance with this section rather than banning them in the village as permitted by the Act.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.1. Zoning districts.

(a)

Adult-use cannabis business establishments shall be restricted as follows to the following districts:

(1)

Adult-use cannabis craft growers and adult-use cannabis cultivation centers are permitted as a special use within agricultural (A) districts;

(2)

Adult-use cannabis dispensing organizations are permitted as a special use within highway business (B-4) district; with the payment of a $1,500.00 annual location fee to be paid on January 2 of each year of operation and pro-rated for the number of month's the establishment is open in its first year of operation. The location of an adult-use cannabis dispensing organization locating within a B-4 area must also be located within the Godfrey Business District.

(3)

Adult-use cannabis transporting organizations and adult use dispensing organizations are permitted as a special use within limited manufacturing (M-1) districts.

(b)

Adult-use cannabis business establishments shall conform to and meet all regulations established by the Village and the State of Illinois.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.2. Maximum numbers of adult-use cannabis business establishments.

(a)

The number of adult-use cannabis business establishments in the village at any one time shall be limited as follows:

(1)

One adult-use cannabis dispensing organization;

(b)

The priority of adult-use cannabis business establishments that qualify to operate in the village pursuant to this section shall be determined by those adult-use cannabis business establishments that first that hold a valid cannabis license from the State of Illinois and that also comply with all applicable provisions of the Village of Godfrey Municipal Code to the satisfaction of the village.

(Ord. No. 10-2020, § 7, 6-2-2020; Ord. No. 43-2024, § 2, 11-6-2024)

Section 60.221.3. Distances.

(a)

No adult-use cannabis business establishments shall be located within 1,500 feet from any other adult-use cannabis business establishment.

(b)

No adult-use cannabis business establishments shall be located within 1,000 feet of any one of the following:

(1)

Public or private elementary or secondary school, or any facility owned or operated by such school;

(2)

Playground, public park, recreation center or facility, or private park;

(3)

Church, temple, synagogue, mosque, or chapel; or

(4)

Public building or public library.

(c)

The distances provided for in this section shall be measured linearly and shall be the shortest distance between the closest points of the established building line of the primary structure of each property. This requirement shall not be subject to variance. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the village.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.4. Principal use.

(a)

Adult-use cannabis business establishments shall:

(1)

Be considered a principal use and cannot have an accessory use not directly related to the that principal cannabis use;

(2)

Not be located in the same offices of a physician or other medical provider, nor shall it share a facility that includes the offices of a physician or other medical provider; and

(3)

Not operate as a home occupation.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.5. Application.

(a)

All policies, procedures and standards of acquiring a special use permit from the village shall apply, unless as otherwise noted in this section. In addition to other information that may be required for a special use permit from the village, the petition for a special use permit under this section shall include:

(1)

Contacts. The names, address, office phone numbers(s), cell phone numbers, fax numbers, and email addresses of the owners, operators and agents of the adult-use cannabis business establishment.

(2)

Site plan. A site plan of the adult-use cannabis business establishment in compliance with section 60.206, and also showing:

A.

Nature of the structure to be used for the purpose of adult-use cannabis business establishment;

B.

Demonstration that the facility meets the conditions for an enclosed, locked facility;

C.

Distance from all other facilities and uses requiring setbacks as provided for in this section;

D.

Location of video surveillance equipment;

E.

Location, height and nature of any fences or any other barriers meant to provide security for the site;

F.

Nature and adequacy of supervision and security at the site.

(3)

Setbacks. Evidence demonstrating that the adult-use cannabis business establishment would meet all requirements of state law regarding setbacks required in the Act and any implementing regulations of same.

(4)

State fees. Evidence demonstrating that all State of Illinois required fees have been paid.

(5)

Limitation of liability. At the time of submission of an application, the. petitioner shall submit a written acknowledgement that the petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the village and the village employees and agents, including that: the village shall not be liable to the adult-use cannabis business establishment's employees, customers, qualifying patients or caregivers, qualifying patient's or caregiver's employer or employees, family members or guests, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used, including, but not limited to, the following: arrest, seizure of persons or property, prosecution pursuant to federal or state laws, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other registrants or persons.

This limitation of liability provision shall survive expiration or the early termination of the registration if the registration is granted, or dissolution of use or any subsequent change in zoning.

(6)

Provision of notice. At the time of submission of an application under this section, the petitioner shall submit a signed statement certifying that the petitioner has actual notice that, notwithstanding state law and any action by the Village, that:

A.

Cannabis is currently a prohibited schedule I controlled substance under federal law;

B.

Participation in either the Illinois Compassionate Use of Medical Cannabis Program or the Illinois Cannabis Regulation and Taxation Act is permitted only to the extent provided by the strict requirements of the Acts and subsequent implementing regulations;

C.

Any activity not sanctioned by the Medical Cannabis Program Act and its subsequent implementing regulations may be a violation of state law and may result in the revocation of zoning;

D.

Growing, distribution or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;

E.

Use of cannabis may affect an individual's ability to receive federal or state licensure in other areas;

F.

Use of cannabis, in tandem with other conduct, may be a violation of state or federal law;

G.

Participation in the Illinois Compassionate Use of Medical Cannabis Program, Illinois Cannabis Regulation and Tax Act, or approval of zoning by the Village does not authorize any person to violate federal or state law and, other than as set out in the Illinois Compassionate Use of Medical Cannabis Program Act and the Illinois Cannabis Regulation and Tax Act, and does not provide any immunity from or affirmative defense to arrest or prosecution under federal or state law; and

H.

Petitioners for the adult-use cannabis business establishments from the village shall indemnify, hold harmless, and defend the village for any and all civil or criminal penalties resulting from participation in the Compassionate Use of Medical Cannabis Program and the Illinois Cannabis Regulation and Tax Act.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.6. Special requirements for adult-use cannabis dispensing organizations.

(a)

Parking. The adult-use cannabis dispensing organization shall have a minimum of one parking space per employee, and one for every 200 square feet of the facility available to the public. Unless otherwise provided in this section, the parking area shall meet all requirements for off-street parking and loading. Parking shall be located in an area which is visible from a public road that is accessible to the public. It may not be screened from the roadway with vegetation, fencing or other obstructions, but such may be allowed with the presentation of evidence of a safety or security need. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by adult-use cannabis dispensing organization staff and continually recorded in a tamper proof format. Any and all video recordings and/or records resulting from any video surveillance equipment shall be retained for at least 90 days or as long as necessary if the adult-use cannabis dispensing organization is aware of the loss or theft of cannabis or a pending criminal, civil or administrative investigation or legal proceeding for which recordings may be relevant information.

(b)

Exterior display. No adult-use cannabis dispensing organization shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, cannabis infused products, cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way, or any property other than the lot on which the dispensary is located. No portion of the exterior of the dispensary shall utilize or contain any flashing lights, search lights, spot lights, or any similar lighting system.

(c)

Exterior signage.

(1)

All exterior signs shall conform to the provisions set forth in Sign Ordinance of the Village of Godfrey Municipal Code (Ordinance No. 04-2012, as amended). Exterior signs of the dispensary building shall not obstruct the entrance or windows of the dispensary.

(2)

Temporary signs are not permitted.

(3)

Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts, smoke, any realistic or stylized graphical representation of drug paraphernalia, or cartoonish imagery oriented toward youth.

(4)

A sign shall be posted in a conspicuous place at or near all dispensary entrances and shall include the following language: "Persons under the age of 21 are prohibited from entering." The required text shall be no smaller than one inch in height.

(d)

Drug paraphernalia sales. Adult-use cannabis dispensing organizations that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS 600/1 et seq.), the Illinois Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.), and the Illinois Cannabis Regulation and Taxation Act (410 ILCS 705/ et seq.).

(e)

Hours of operation. Adult-use cannabis dispensing organizations shall operate only between the hours of 7:00 a.m. and 10:00 p.m.

(f)

Age and access limitations. It shall be unlawful for any adult-use cannabis dispensing organization to allow any person who is not at least 21 years of age on the premises. Adult-use cannabis dispensing organizations shall not employ anyone under the age of 21 years.

(g)

Security and video surveillance.

(1)

The adult-use cannabis dispensing organization shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.

(2)

The dispensary parking area, client entrance, sales area, back room, storage areas, and delivery bay and entrance shall be monitored by video surveillance equipment whose live images can be viewed by dispensary staff and continually recorded in a tamper proof format.

(3)

A sign shall be posted in a prominent location which includes the following language: "These premises are under constant video surveillance."

(4)

The zoning administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from the Madison County Sheriff's Office.

(5)

Adult-use cannabis dispensing organizations shall report all criminal activities to all appropriate law enforcement agencies immediately upon discovery.

(6)

Deliveries shall occur during normal business hours within a secure enclosed delivery bay. No delivery shall be visible from the exterior of the building.

(h)

Conduct on site.

(1)

Residential co-location. No person shall reside in or permit any person to reside in a dispensary or on the property of same.

(2)

Drive-through services. Drive-through services shall be prohibited.

(3)

Outdoor seating. Outdoor seating shall be prohibited.

(4)

Loitering. Loitering is prohibited on any real property where an adult-use cannabis dispensary organization is located.

(5)

Smoking and use of cannabis products. It shall be prohibited to smoke, inhale, or consume cannabis products at an adult use or medical adult-use cannabis dispensing organization. A sign, at least eight and one-half inches by 11 inches, shall be posted inside the public waiting room, limited access area, and the restricted access area of the dispensary in a conspicuous place and visible to a client and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on this premises."

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.7. Special requirements for certain adult-use cannabis business establishments.

(a)

Distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. This requirement shall not be subject to variance. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the village.

(b)

Setbacks. No adult-use cannabis establishment may be located within 1,500 feet of another adult-use cannabis establishment. Such setback shall be measured from property line to property line. Such distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. This requirement shall not be subject to variance. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the village zoning administrator.

(c)

Perimeter setbacks. Unless otherwise limited under this section or state law, the perimeter setback for an adult-use cannabis establishment shall be the same as that of the zoning district in which it is located.

(d)

Minimum yard requirements. Unless otherwise limited under this section or state law, an adult-use cannabis establishment must meet the requirements for the zoning district in which it is located.

(e)

Exterior signage.

(1)

Except as otherwise provided for in this section, all signage shall be limited to one flat wall-mounted sign not to exceed ten square feet in area, and one identification sign not to exceed two square feet which may include only the business' address.

(2)

All adult-use cannabis businesses shall be prohibited from having electronic message board signs or temporary signs.

(3)

Signage for adult-use cannabis businesses shall not contain cannabis imagery such as leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented toward youth, or any language terms referencing cannabis, or any slang or street terms commonly associated with cannabis.

(f)

Age and access limitations. It shall be unlawful for any adult-use cannabis business establishment to allow any person who is not at least 21 years of age on the premises. Adult-use cannabis business establishment shall not employ anyone under the age of 21 years.

(g)

Security and video surveillance.

(1)

The adult-use cannabis business establishment shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft. Any fence must be adequately secure to prevent unauthorized entry and include gates tied to an access control system.

(2)

The adult-use cannabis business establishment parking area, cultivation, production, warehousing areas and shipping bays and entrance shall be monitored by video surveillance equipment whose live images can be viewed by adult-use cannabis business establishment staff and continually recorded in a tamper proof format.

(3)

A sign shall be posted in a prominent location at each entrance to the facility which reads: "These premises are under constant video surveillance."

(4)

A sign shall be posted in a conspicuous location at each entrance to the facility that reads: "Persons under 21 years of age not permitted on these premises."

(5)

The village shall review the adequacy of lighting, security and video surveillance installations with assistance from the Madison County Sheriff's Office.

(6)

All adult-use cannabis dispensaries must be equipped with a secure unloading space for the reception of deliveries of cannabis and cannabis infused products, which space must be: (a) located within an enclosed area of the principal structure in which the adult-use cannabis dispensary operates; (b) secured by doors that are closed and locked during all times that deliveries of cannabis or cannabis infused products are unloaded; and (c) a restricted access area.

(7)

An adult-use cannabis business establishment shall report all criminal activities to all appropriate law enforcement agencies immediately upon discovery.

(h)

Conduct on site. Except as otherwise provided for in this section, it shall be unlawful to engage in the retail sale of medical cannabis or medical cannabis infused products at or on the site of an adult-use cannabis business establishment.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.8. Additional requirements.

All adult-use cannabis business establishments 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.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.9. Existing adult-use cannabis business establishment.

Any adult-use cannabis business establishment lawfully operating as a conforming use at the time of the effective date of this section is not rendered a nonconforming use by the subsequent location of any church, school, public building, public park or recreation area within 1,000 feet of such business. However, this subsection applies only to the renewal of a valid license and does not apply to a license application submitted after a license has expired or has been revoked.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.10. Operating requirements.

The following requirements shall apply to all adult-use cannabis business establishments within the village:

(a)

Generally.

(1)

Every adult-use cannabis business establishment shall comply with all applicable statutes, codes, ordinances, laws and regulations including, but not limited to, fire, building, health, and zoning codes of the village and state.

(2)

No adult-use cannabis business establishment shall be conducted in such a manner that permits the observation from public view of the activities and operations within the indoors of the adult-use cannabis business establishment.

(3)

No adult-use cannabis business establishment shall advertise the availability at such business of any activity that would be in violation of this section, or any state or federal law.

(4)

No alcoholic beverage or other intoxicant shall be displayed, served, ingested or sold on the premises of any adult-use cannabis business establishment.

(5)

No licensee, operator or employee shall be under the influence of any alcoholic beverage or other intoxicant while working at an adult-use cannabis business establishment.

(6)

No patron who is under the influence of any alcoholic beverage or other intoxicant shall be allowed to enter any adult-use cannabis business establishment.

(7)

No gambling shall be permitted by any person in any adult-use cannabis business establishment.

(b)

Employees.

(1)

The operator shall be responsible for the conduct of all employees while on the premises. Any act or omission of any employee constituting a violation of the provisions of this section shall be deemed the act or omission of the licensee and operator, when such operator knew, should have known, or could have known, of such act or omission, for purposes of determining whether the operating license shall be renewed, suspended or revoked and whether the licensee and operator shall be subject to the penalties imposed by this section.

(2)

No operator shall knowingly employ in any adult-use cannabis business establishment any person who, within three years of the commencement of such employment, has been convicted in this or any other state of any of the crimes specified in Illinois Cannabis Control Act (720 ILCS 550/3, et seq.), the Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1, et seq.), or the Cannabis Regulation and Tax Act (410 ILCS 705/1, et seq.), regardless of the pendency of any appeal.

(c)

Minors.

(1)

No licensee, operator or employee of an adult-use cannabis business establishment shall allow or permit any person less than 21 years of age to enter into or in any way loiter in or on any part of the licensed premises, purchase goods or services at the licensed premises, or work at the licensed premises as an employee.

(2)

Every adult-use cannabis business establishment shall display a sign outside each entrance of such business bearing the words "Adult-Use Cannabis Business Establishment. Persons Under 21 Years Old Not Admitted" in legible letters not less than four inches in height,

(d)

Security. In addition to any other requirements provided for in this section, during business hours, all adult-use cannabis business establishments shall store all useable cannabis, cannabis-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For useable cannabis products that must be kept refrigerated or frozen, these products must be stored in a locked refrigerator or freezer container in a manner approved by village, provided the container is affixed to the building structure.

(Ord. No. 10-2020, § 7, 6-2-2020)

Sections 60.221.11. Odor emissions.

(a)

Odors. Any cannabis odor shall be contained within the adult-use cannabis business establishment so that the odor of cannabis cannot be detected from any abutting use or property by a person with a normal functioning sense of smell. If any cannabis odor can be smelled from any abutting use or property, the adult-use cannabis business establishment shall be required to implement measures necessary to contain the odor, including, but not limited to, installation of ventilation equipment.

(b)

No person, tenant, occupant, or property owner shall permit the emission of cannabis odor from any source to result in detectable odors that leave the premises upon which they originated and interfere with the reasonable and comfortable use and enjoyment of another's property.

(c)

Whether or not a cannabis odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivity.

(d)

A cannabis odor emission shall be deemed to interfere with the reasonable and comfortable use and enjoyment of property if cannabis odor is detectable outside the premises.

(e)

No person shall be convicted of a violation of this section unless the village has delivered or posted a written warning, in the previous 12 months, that conduct violating this section is occurring or has occurred.

(1)

The person, tenant, occupant, or property owner must abate the cannabis odor emission within seven days after the warning is delivered or posted.

(2)

Seven or more days after a warning is posted or delivered, a separate violation of this section occurs on each day that the cannabis odor emission repeats or continues.

(3)

The warning shall cite this section.

(4)

The warning may be delivered personally or posted on the property.

(5)

It shall be presumed that a person charged under this section received the warning if the warning was either: (i) delivered to the property owner, a tenant, or an occupant; or (ii) posted on the property.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.12. Severability.

In the event that any provision of this section, or any part thereof, or any application thereof to any person or circumstance, is for any reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as applied, such holding shall not affect the validity or effectiveness of any of the remaining provisions of this section, or any part thereof, or any application thereof to any person or circumstance or of said provision as applied to any other person or circumstance.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.13. Penalties.

(a)

Any licensee, operator, employee or other person who violates any of the provisions of this section shall be subject to a fine as provided in section 1-10 of the Village of Godfrey Municipal Code for each such violation.

(b)

Each violation of this section shall be considered a separate offense, and, unless otherwise provided herein, any violation continuing more than one hour of time, after having initially been made aware of the violation, shall be considered a separate offense for each hour of violation.

(c)

In addition to any fines or penalties imposed in this section, this section may be enforced by injunctive procedure in a court of competent jurisdiction. The village may further recover from any violator any and all costs and fees, including reasonable attorney's fees, expended by the village in enforcing the provisions of this section.

(d)

This section shall not preclude any additional enforcement action taken by any appropriate village, state or federal official conducted pursuant to any applicable ordinance, regulation or law of the village or state or the United States of America.

(e)

All remedies and penalties provided for in this section shall be cumulative and independently available to the village, and the village shall be authorized to pursue any and all remedies set forth in this section to the fullest extent allowed by law.

(Ord. No. 10-2020, § 7, 6-2-2020)

Section 60.221.14. Dissolution of use and revocation of special use permit.

(a)

Failure to obtain state registration. Should an adult-use cannabis business establishment fail to provide evidence to the village that the facility has achieved its approval of registration from the State of Illinois within 180 days of the approval of its zoning by the board of trustees, its special use permit use shall become null and void, and the zoning of the parcel shall revert to that which existed prior to the board of trustees action which provided the special use permit under this section.

(b)

Extension. Within 90 working days of the date upon which such special use permit was approved, an adult-use cannabis business establishment may request of the board of trustees an extension of the 180 days for an additional 90 days, upon the provision of evidence providing the cause of the delay and the need for an extension. Such additional extensions may be allowed only at the discretion of the board of trustees.

(c)

Failure to comply with state and village regulations. Should an adult-use cannabis business establishment fail to conform to and meet all laws, rules and regulations established by the State of Illinois and the village pursuant to the production and distribution of cannabis and other associated products as allowed under the Act and its subsequent implementing regulations, this may be considered a dissolution of use, allowing for the revocation of special use permit by the village. Should zoning be revoked, the zoning of the subject parcel shall revert to that which existed prior to the board of trustees action which provided for the special use permit under this section.

(d)

Termination of use. Should an adult-use cannabis business establishment fail to use the property for the purpose under which the special use permit was provided for a period of 180 days, this may be considered dissolution of use, allowing for the revocation of zoning by the village. Should the special use permit be revoked, the zoning of the subject parcel shall revert to that which existed prior to the board of trustees action which provided for the special use permit under this section.

(Ord. No. 10-2020, § 7, 6-2-2020)