This chapter shall be known and may be cited and referred to as the zoning ordinance of the city. 

(1963 Code, § 10-1-1)  (Ord. 590, passed 6-26-1958)

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ACCESSORY BUILDING OR USE.  A subordinate building or use customarily incident to and located on the same lot occupied by the main building or use and constructed or established at the same time or after construction of the main building or use.

   ADULT BOOK STORES. An establishment having as a substantial portion of its stock in trade, books, magazines, films for sale or viewing on the premises by use of motion picture devices or any other coin operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depiction, describing, or relating to specified sexual activities, or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.

   ADULT ENTERTAINMENT CABARET. A public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers and/or waitresses, strippers, male or female impersonators, or similar entertainers.

   ADULT MINI MOTION PICTURE THEATER. An enclosed building with a capacity for less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to special sexual activities or specified anatomical areas for observation by patrons thereon.

   ADULT MOTION PICTURE THEATER. An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting motion pictures having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

   ALLEY.  A way which affords only a secondary means of access to property abutting thereon.

   APARTMENT.  A room or suite of rooms intended, designed, or used as a residence by a single family.

   APARTMENT HOUSE.  See Dwelling, Multiple.

   BASEMENT.  A story partly underground and having at least ½ of its height above the average level of the adjoining ground.  A basement shall be counted as a story if subdivided and used for dwelling or business purposes, other than for the quarters of a watchman or janitor.

   BOARDING HOUSE.  A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for 3 or more persons.

   BODY SHOP OR MODEL STUDIO.  Any public or private establishment which describes itself as a body shop or model studio, or where for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by person paying such consideration or gratuity, or share for any form of consideration or gratuity, nude and seminude dancing, readings, counseling sessions, body painting, and other activities that present materials distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas are provided for observation by or communication to persons paying such consideration or gratuity.

   BODY PIERCING. Any procedure whereby a part of the human body is pierced by a sharp instrument in order to allow insertion of a piece of jewelry, a ring or other commercial device through the orifice thus created by a person, firm and/or entity other than a licensed medical and/or osteopathic professional.

   BUILDING.  Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind.

   BUILDING, HEIGHT OF.  The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

   BUILDING STRUCTURE Any structure or group of structures housing 2 or more business which share a common entry, exit, wall, or frontage wall, including, but not limited to, shopping centers, shopping malls, shopping plazas, or shopping squares.

   CELLAR.  That portion of a building between floor and ceiling which is wholly or partly below grade, and having more than ½ of its height below grade.

   CLINIC.  An establishment where patients, who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

   CLUB.  A building or portion thereof or premises owned or operated by a corporation, association, or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

   DISTRICT.  Any section of the city for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, and the intensity of use are uniform.

   DWELLING  Any building or portion thereof which is designed for or used for residential purposes.

   DWELLING, MULTIPLE..  A building designed for or occupied exclusively by 3 or more families.

   DWELLING, SINGLE-FAMILY.  A building designed for or occupied exclusively by 1 family.

   DWELLING, TWO-FAMILY.  A building designed for or occupied exclusively by 2 families.

   EXPLOSIVES.  Any chemical compound or any mechanical mixture containing any oxidizing and combustible units or other ingredients in such proportions, quantities or packing that an ignition by fire, friction, concussion, or detonator of any part of the compound or mixture may cause sudden generation of highly tested gases that the resultant gaseous pressures are capable of producing destructive effects upon life, limb or contiguous objects, but does not mean gasoline, kerosene, naphtha, turpentine, benzine, butane, propane collided nitrocellulose in sheets or rods or grains not under 1/8 of an inch in diameter, wet nitrocellulose and wet nitro starch containing 20% or more moisture or wet picric acid containing or being in 10% or more moisture.  Manufactured articles such as fixed ammunition for small arms, fire crackers, safety fuse, matches, and the like, shall not be held to be explosives when the individual units contain explosives in such limited quantity, of such nature or in such packing that it is impossible to produce a simultaneous or a destructive  explosion of such units, to the injury of life, limb or property.

   FAMILY.  One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined.

   FARM.  A tract of land used for the growing and storage of the usual agricultural products such as grain, vegetables, and fruits as well as for raising thereon of the usual farm poultry and farm animals such as horses, cattle, sheep and swine.  The term includes the utilization of such land for 1 or more of the above uses including dairy farms with the necessary operations for treating or storing the produce provided, however, that the operation of any accessory uses shall be secondary to that of the normal farming activities.  Any tract on which the principal use is the raising of fur bearing animals, such as mink, muskrats, rabbits, and the like, shall not be considered a farm.  A commercial feed lot shall not be considered a farm.  Residential structures occupied by persons primarily engaged in farming are included in the term FARMING.  However, there shall not be more than 3 dwellings on any 1 farm.

   FILLING STATION.  Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement, body and fender repair, or spray painting.

   FRONTAGE.  All the property on 1 side of a street between 2 intersecting streets (crossing or terminating), measured along the line of the street, or if the street is dead ended, then all of the property abutting on 1 side between an intersecting street and the dead end of the street.

   GARAGE, PRIVATE.  An accessory building designed or used for the storage of not more than 4 motor-driven vehicles owned and used by the occupants of the building to which it is accessory, and not storing more than 1 commercial vehicle or any vehicle which exceeds a 2-ton capacity.

   GARAGE, PUBLIC.  A building or portion thereof, other than a private, storage, or parking garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

   GARAGE, STORAGE OR PARKING.  A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold, but no motor-driven vehicles are equipped, repaired, hired, or sold.

   GRADE.

      (1)   For buildings having walls adjoining 1 street only, the elevation of the sidewalk at the center of the wall adjoining the street.

      (2)   For buildings having walls adjoining more than 1 street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.

      (3)   For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

      Any wall approximately parallel to and not more than 5 feet from a street line is to be considered as adjoining the street.  Where no sidewalk exists the grade shall be established by the City Engineer. 

   HOME OCCUPATION.  Any occupation or activity entirely incidental to residential use when carried on by a member of the immediate family residing on the premises in connection with which there is used no sign other than a name plate not more than 1 square foot in area, or no display that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling; there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of a type that  is similar in character to that normally used for purely domestic or household purposes.  HOME OCCUPATION  shall include the use of the premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment but not for the general practice of his profession. HOME OCCUPATION shall further include beauty parlors and barber shops when used under the following conditions:  Beauty parlors and barber shops, when entirely incidental to residence use, when carried on in the home by a member of the immediate family residing on the premises in connection with which there is no sign, display, or other evidence that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling and no person is employed other than a member of the immediate family residing on the premises; then shall such beauty parlors and barber shops be permitted in all  residential  districts.  Commercial  beauty  parlors  and barber shops shall only be permitted in C-1 district as now provided by ordinance.

      Clinics, doctors’ offices, hospitals, dress shops, millinery shops, real estate offices, tea rooms, tourist homes, animal hospitals, and kennels shall not be deemed to be HOME OCCUPATIONS.

   HOTEL.  A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.  As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment which are herein separately defined.

   LAUNDROMAT.  An establishment providing home type washing, drying, or ironing machines for hire to be used by customers on the premises.

   LOADING SPACE.  A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks, and having a minimum dimension of 12 feet by 35 feet and a vertical clearance of at least 14 feet.

   LODGING HOUSE.  A building other than a hotel where lodging for 3 or more persons is provided for compensation pursuant to previous arrangement.

   LOT.  A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including 1 main building together with its accessory buildings, the open spaces and parking spaces required by this chapter, and having its principal frontage upon a street or upon an officially approved place.

   LOT, COMMERCIAL FEED.  Any tract of land on which the principal use is the raising of, or the concentrated feeding of livestock, fowl, or edible animals or the sale of products derived from such animals.

   LOT, CORNER.  A lot abutting upon 2 or more streets at their intersection.

   LOT, DOUBLE FRONTAGE.  A lot having a frontage on 2 nonintersecting streets as distinguished from a corner lot.

   LOT OF RECORD.  A lot which is part of a subdivision, the map of which has been recorded in the office of the Recorder of Deeds of LaSalle County; or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds of LaSalle County.

   MASSAGE.  Any method of pressure on or friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external soft parts of the body with the hands or other parts of the human body or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

   MASSAGE ESTABLISHMENT. An establishment having a fixed place of business where any person, firm, association, or corporation engages  in, or carries on, or permits to be engaged in or carried on any of the activities mentioned in the definition of massage of this section.

   MINES.  Any excavation from the earth whereby minerals, precious stones, ore deposits, coal deposits, or any open pit mine deposits are being or will be conducted.

   MOBILE HOME.  Any structure designed for long term occupancy and containing  sleeping accommodations, a toilet, kitchen facilities with plumbing, and electrical connections provided for attachment to outside systems; designed to be transported after fabrication on its own wheels, or on flatbed or other trailers or detachable wheels which arrives at the site ready for occupancy except for minor and incidental unpacking.  MOBILE HOMES, as herein defined shall not be permitted in any zoning district within the zoning limits.  Travel trailers may be located in any zoning district but shall be used for dwelling purposes.

   MOTOR COURT or MOTEL.  A building or group of buildings used for the temporary residence of motorists or travelers.

   NONCONFORMING USE.  The use of land or a building, or portion thereof, which use does not conform with the use regulations of the district in which it is situated.

   NURSING HOME.  A home for the aged or infirm in which 3 or more persons not of the immediate family are received, kept, or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

   OPEN CUT MINING.  The mining of coal, clay, stone, sand or other minerals by removing the overburden lying above natural deposits thereof, and mining directly from natural deposits thereby exposed.

   PARKING AREA.  An open, unoccupied space used or required for use for parking of automobiles exclusively and in which no gasoline or automobile accessories are sold or no other business is conducted and no fees are charged.

   PARKING LOT.  Any area used in whole or in part for storing or parking motor vehicles and where either a parking fee is charged therefor or the lot is operated in connection with, or for the use of customers of, a commercial or industrial use or where the parking area is used in connection with or for any other use and is not located on the same lot with the building or use served or within the distance therefrom specified in § 153.062.

   PARKING SPACE.  A surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area of not less than 180 square feet exclusive of driveways, permanently reserved for the temporary storage of 1 automobile and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for automobiles.

   PIT MINES.  A tract of land, from which overburden has been or is being removed for the purpose of open cut mining.

   PLACE.  An open unoccupied space or a public or private thoroughfare other than a street or alley permanently reserved as the principal means of access to abutting property.

   ROOMING HOUSE.  See Lodging House.

   SPECIFIED ANATOMICAL AREAS. Any of the following conditions:

      (1)   Less than completely and opaquely covered:

         (a)   Human genitals, pubic region, or pubic hair;

         (b)   Buttock; or

         (c)   Female breast below a point immediately above the top of the areola; and

      (2)   Human male genitals in a discernibly turgid state, even if completely covered.

   SPECIFIED SEXUAL ACTIVITIES. Any of the following conditions:

      (1)   Human genitals in a state of sexual stimulation or arousal.

      (2)   Acts or representations of acts of human masturbation, sexual intercourse or sodomy, bestiality, oral copulation, or flagellation.

      (3)   Fondling or erotic touching of human genitals, pubic region, buttock, or female breast.

      (4)   Excretory functions as part or in connection with any activities set forth in (1) through (3) above.

   STORY.  That portion of a building, other than a cellar or basement (except one used for business or residence), included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the floor and the ceiling next above it.

   STORY, HALF.  A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least 2 opposite exterior walls are not more than 4 feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.

   STREET.  A public or private thoroughfare which affords the principal means of access to abutting property.

   STREET LINE.  A dividing line between a lot, tract, or parcel of land and a contiguous street.

   STRUCTURE.  Anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts, and pergolas.

   STRUCTURAL ALTERATION.  Any change, except those required by law, in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial changes in the roofs or exterior walls but not including openings in bearing walls as permitted by existing laws.

   TATTOO, TATTOOED and TATTOOING. Any method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin by the aid of needles or other instruments designed to touch or puncture the skin by any person, firm or entity other than a licensed medical or licensed osteopathic professional.

   TATTOOING OPERATOR. Any individual, firm, company, corporation or association that owns or operates an establishment where tattooing is performed, and any individual, firm or entity other than a licensed medical or licensed osteopathic professional, who performs or practices the art of tattooing other human beings.

   TOURIST HOME.  A building other than a hotel where lodging is provided and offered to the public for compensation for not more than 20 transient guests.

   TRAVEL TRAILER.  A vehicular portable structure designated as a temporary dwelling for travel, recreational and vacation uses.  One travel trailer may be located on a lot in any zoning district but shall not be used for dwelling purposes.

   YARD.  An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.  In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

   YARD, FRONT.  A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than projections permitted in § 153.046(B).  On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

   YARD, REAR.  A yard extending across the rear of a lot and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof other than the projections of uncovered steps, unenclosed balconies, or unenclosed porches.  On all lots the rear yard shall be in the rear of the front yard.

   YARD, SIDE.  A yard between the main building and the side line of the lot, and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main buildings or any projections thereto.

(1963 Code, § 10-1-2) (Ord. 590, passed 6-26- 1958; Am. Ord. 656, passed 6-3-1963; Am. Ord. 741, passed 10-16-1967; Am. Ord. 1053, passed 10-24-1983; Am. Ord. 1633, passed 3-23-1998; Am. Ord. 2234, passed 6-14-2010; Am. Ord. 2855, passed 11-4-2019; Am. Ord. 2877, passed 5-5-2020)

   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare.  It is not intended by this title to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this title imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by other provisions of this code, rules, regulations or by easements, covenants, or agreements the provisions of this title shall govern.

(1963 Code, § 10-19-1)  (Ord. 590, passed 6-26-1958)

   The City of LaSalle does hereby provide formal recognition to the prepared zoning map referenced as the “2020 Zoning Map of the City of LaSalle” as accurately reflecting the original City of LaSalle Zoning Ordinance Number 590 adopted June 26, 1958 and encompassing all amendments thereto in reference to areas of zoning, rezoning and zoning districts through and including April 30, 2020, a copy of which zoning map is attached to Ordinance 2884 and made a part hereof by reference, and the same is hereby approved in its entirety.

(Ord. 2884, passed 5-18-2020)

   For the purpose of this chapter, the city within the corporate limits and the land lying outside of and contiguous for a distance of 1½ miles from the corporate limits is hereby divided into districts, of which there shall be 10 in number, as follows:

   AG-1.  Agricultural District

   C-1.  Neighborhood Shopping District

   C-2.  Commercial District

   C-3. Central Business District

   M-1. Light Industrial District

   M-2.  Heavy Industrial District

   R-1.  Single-Family Residence District

   R-3.  Two-Family Residence District

   R-4.  Multiple Dwelling District

(1963 Code, § 10-2-1)  (Ord. 590, passed 6-26-1958; Am. Ord. 656, passed 6-3-1963)

   The boundaries of these districts are shown upon the map made a part of this chapter, which map is designated as the “District Map.”  The District Map and all the notations, references, and other information shown thereon are a part of this chapter and have the same force and effect as if the District Map and all the notations, references, and other information shown thereon were all fully set forth or described herein, which District Map is on file in the office of the City Clerk.

(1963 Code, § 10-2-2)  (Ord. 590, passed 6-26-1958)

   (A)   The district boundary lines on the District Map are intended to follow either streets or alleys or lot lines, and where the districts designated on the Map are bounded approximately by such street, alley or lot lines, the street or alley or lot shall be construed to be the boundary of the district unless such boundary is otherwise indicated on the Map.  In the case of unsubdivided property, the district boundary lines shall be determined by the use of the scale appearing on the Zoning District Map or by dimensions.

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

(1963 Code, § 10-2-3)  (Ord. 590, passed 6-26-1958)

   All territory which may hereafter be annexed to the city shall retain that zoning classification it possessed immediately prior to its annexation.

(1963 Code, § 10-2-4)  (Ord. 590, passed 6-26-1958; Am. Ord. 857A, passed 10-15-1974)

   Whenever any street, alley, or other public way is vacated by official action of the City Council, the zoning district adjoining each side of the street, alley, or public way shall be automatically extended to the center of the vacation, and all area included in the vacation shall then and henceforth be subject to all appropriate regulations of the extended districts.

(1963 Code, § 10-2-5)  (Ord. 590, passed 6-26-1958)

   All areas within the corporate limits, which are under water and not shown as included within any district, shall be subject to all of the regulations of the district which immediately adjoins the water area. Where the water area adjoins 2 or more districts, the boundaries of each district shall be construed to extend to the center of the water area.

(1963 Code, § 10-2-6)  (Ord. 590, passed 6-26-1958)

   Any unzoned land lying outside of and contiguous to the zoned boundary 1½ miles distant from the corporate limits of the city shall automatically be zoned AG-1 Agricultural District, when the corporate limits of the city are changed or altered in such a way that the previously contiguous land then lies within such 1½ mile area.  Within 3 months after such change of the zoning boundary line, the Planning Commission, after notice as required for amendments to this chapter, shall hold a public hearing as the district or districts in which such land shall be permanently placed.  Within 30 days after such hearing, the Planning Commission shall report to the City Council on its recommendations for the classification of the land and the Council shall thereupon act upon such recommendations as in the case of other amendments to this chapter.

(Ord. 656, passed 6-3-1963; Am. Ord. 858A, passed 10-15-1974)

   Except as hereinafter specifically provided:

   (A)   No land shall be used except for a purpose permitted in the district in which it is located.

   (B)   No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.

   (C)   No building shall be erected, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

   (D)   No building shall be erected, converted, enlarged, reconstructed or structurally altered except in conformity with the area regulations of the district in which such building is located.

   (E)   No building shall be erected or structurally altered to the extent specifically provided hereinafter except in conformity with the off-street parking and loading regulations of the district in which the building is located.

   (F)   The minimum yards, parking spaces, and open spaces, including lot area per family, required by this chapter for each and every building existing at the time of the adoption of this chapter or for any building hereafter erected, shall not be encroached upon or considered as part of the yard or parking space or open space required for any other building, nor shall any lot area be reduced below the requirements of this chapter for the district in which such lot is located.

   (G)   Every building hereafter erected or structurally altered shall be located on a lot as herein defined and in no case shall there be more than 1 main building on 1 lot except as specifically provided hereinafter.

(1963 Code, § 10-2-7)  (Ord. 590, passed 6-26-1958)

   (A)   Application of section.  The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section, are the regulations in the R-1 Single-Family Residence District.

(1963 Code, § 10-3-1)  (Ord. 590, passed 6-26-1958)

   (B)   Use regulations. A building or premise shall be used only for the following purposes:

      (1)   One-family dwelling;

      (2)    Farming and truck gardening; provided, that any structure or enclosure for the shelter of livestock and poultry shall be located not less than 50 feet from any street or lot line;

      (3)    Publicly owned or operated park, playground or community building, museum, library, or art gallery; provided, that any such building shall be located not less than 25 feet from any side lot line;

      (4)    Church or other place of worship or Sunday School; provided, that any such building shall be located not less than 20 feet from any side lot line;

      (5)    Public school, elementary and high, or a private school having a curriculum the same as ordinarily given in a public school; provided, that any such building shall be located not less than 40 feet from any side or rear lot line;

      (6)   Country club or golf course, except miniature course or practice driving tee operated for commercial purposes;

      (7)   Home occupations, including beauty parlors when used under the following conditions: Beauty parlors when entirely incidental to residence use, when carried on in the home by a member of the immediate family, residing on the premises, in connection with which there is used no sign, display or other evidence that will indicate from the exterior that the building is being utilized in any part for any purposes other than that of a dwelling; and no person employed other than a member of the immediate family residing on the premises, then shall such beauty parlors be permitted in all residential districts. Commercial beauty parlors shall only be permitted in the C-1 District, as provided by this chapter;

      (8)   Accessory building or use, including a private garage customarily incident to the foregoing uses, but not involving the conduct of a business;

      (9)   A church or public bulletin board or temporary sign appertaining to the lease, hire, or sale of a building or premises, which bulletin board shall not exceed 20 square feet in area, nor shall a temporary sign appertaining to the lease, hire, or sale of a building or premises exceed 50 square feet in area.  Political campaign signs announcing the candidate seeking public political office and other data pertinent thereto shall not exceed 16 square feet in area for each premises.  These political campaign signs shall be confined within private property. All political campaign signs, as well as temporary signs appertaining to the lease, hire, or sale of a building or premises, shall be no closer than 8 feet to any side and rear lot line nor be closer to the front lot line than 1/2 the depth of the front yard.

(1963 Code, § 10-3-2)  (Ord. 590, passed 6-26- 1958; Am. Ord. 615, passed 1-3-1961; Am. Ord. 995, passed 9-3-1980; Am. Ord. 2165, passed 4- 6-2009; Am. Ord. 2792, passed 12-17-2018)

   (C)   Height and area regulations.  The height and area regulations set forth in §§ 153.045 and 153.046 shall be observed.

(1963 Code, § 10-3-3)  (Ord. 590, passed 6-26-1958)

   (D)   Parking regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in §§ 153.060 through 153.064.

(1963 Code, § 10-3-4)  (Ord. 590, passed 6-26-1958)

   (A)   Name of district.  The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section are the regulations in the AG-1 Agricultural District.

   (B)   Exceptions.  Nothing contained in these regulations shall impose restrictions or require a permit with respect to land used for agricultural purposes, or with respect to the erection, maintenance, repair, alteration, remodeling or extension of buildings or structures used or to be used for agricultural purposes upon such land except that such buildings or structures shall conform to building or set-back lines.

   (C)   Use regulations.  A building or premises shall be used only for the following purposes:

      (1)   Any use permitted in the R-1 Single-Family Residence District;

      (2)   Unless otherwise provided in this chapter no building or land may be used, and no building may be erected, converted, enlarged or structurally altered, in the AG-1 District, except for 1 or more of the following uses:

         (a)   Farm, including roadside stand, offering for sale any products grown on the premises.  Such stands shall be removed during any season or period when they are not being used;

         (b)   Nursery and/or greenhouse;

         (c)   Radio station and/or tower;

         (d)   Television station and/or tower;

         (e)   Riding stable, provided the confining or sheltering of applicable animals is not within 200 feet of a lot having an area less than 1 acre and improved with a single-family dwelling;

         (f)   Grain elevator and the usual accessory structures, including buildings of seasonal or temporary storage of grain;

         (g)   A junior college, with necessary buildings, parking lots and athletic fields.

   (D)   Height and area regulations.

      (1)   The height and area regulations set forth in §§ 153.045 and 153.046 shall be observed.

      (2)   Every lot shall have a width of not less than 60 feet, except a corner lot shall have a width of not less than 75 feet.

      (3)   These regulations shall not be interpreted to prevent the erection of a single-family dwelling on a platted lot or tract having less area or width than required herein if the platted lot or tract was of public record on date this amendatory ordinance became effective as to such lot or tract.

   (E)   Parking regulations.  Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 153.060.

(Ord. 656, passed 6-3-1963; Am. Ord. 783, passed 12-8-1969)

   (A)   Application of section.  The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the R-2 Single-Family Residence District.

(1963 Code, § 10-4-1)

   (B)   Use regulations.  The use regulations are the same as those in the R-1 Single-Family Residence District.

(1963 Code, § 10-4-2)

   (C)   Height and area regulations.  The height and area regulations set forth in §§ 153.045 and 153.046 shall be observed.

(1963 Code, § 10-4-3)

   (D)   Parking regulations.  Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in §§ 153.060 through 153.064.

(1963 Code, § 10-4-4)  (Ord. 590, passed 6-26-1958)

   (A)   Application of section.  The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the R-3 Two-Family Residence District.

(1963 Code, § 10-5-1)

   (B)   Use regulations.  A building or premise shall be used only for the following purposes:

      (1)   Any use permitted in the R-1 Single-Family Residence District;

      (2)   Two-family dwelling.

(1963 Code, § 10-5-2)

   (C)   Height and area regulations.  The height and area regulations set forth in §§ 153.045 and 153.046 shall be observed.

(1963 Code, § 10-5-3)

   (D)   Parking regulations.  Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in §§ 153.060 through 153.064.

(1963 Code, § 10-5-4)  (Ord. 590, passed 6-26-1958)

   (A)   Application of section.  The regulations set forth in this section or set forth elsewhere in this chapter, when referred in this section, are the regulations in the R-4 Multiple Dwelling District.

(1963 Code, § 10-6-1)

   (B)   Use regulations.  A building or premises shall be used only for the following purposes:

      (1)   Any use permitted in the R-3 Two- Family Residence District;

      (2)   Multiple dwelling;

      (3)   Rooming or boarding house;

      (4)   Institution of a religious, educational, eleemosynary, or philanthropic nature, but not a penal or mental institution;

      (5)   Hospital or sanitarium, except a criminal, mental or animal hospital;

      (6)   Nursing or convalescent home;

      (7)   Private club, fraternity, sorority or lodge, excepting one the chief activity of which is a service customarily carried on as a business;

      (8)   Tourist home, when located on an officially designated federal highway;

      (9)   Accessory building or use customarily incidental to any of the foregoing uses, including a storage garage on a lot occupied by a multiple dwelling, hospital or institution. 

(1963 Code, § 10-6-2)

   (C)   Height and area regulations.  The height and area requirements set forth in §§ 153.045 and 153.046 shall be observed.

(1963 Code, § 10-6-3)

   (D)   Parking regulations.  Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in §§ 153.060 through 153.064.

(1963 Code, § 10-6-4)  (Ord. 590, passed 6-26-1958)

   (A)   Application of section.  The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the C-1 Neighborhood Shopping District.

(1963 Code, § 10-7-1)

   (B)   Use regulations.  A building or premise shall be used only for the following purposes:

      (1)   Any use permitted in the R-4 Multiple Dwelling District;

      (2)   Advertising sign pertaining only to a use conducted within the building, and any sign or display in excess of 35 square feet in area shall be attached flat against a wall of the building or within 18 inches thereof, and in no case shall any sign or display project above the roof line;

      (3)   Automobile parking lot;

      (4)   Bank;

      (5)   Display room for merchandise to be sold at wholesale where merchandise sold is stored elsewhere;

      (6)   Clinic;

      (7)   Dressmaking, tailoring, shoe repairing, repair of household appliances and bicycles, catering, dry cleaning and pressing, bakery with sale of bakery products on the premises and other uses of a similar character provided that no use permitted in this division shall employ more than 5 persons in a single shift on the premises, not including employees whose principal duties are off the premises or temporary seasonal employees;

      (8)   Filling stations;

      (9)   Offices and office buildings;

      (10)   Personal service uses including barber shops, banks, beauty parlors, photographic or artist studios, messengers, taxicabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants, and other personal service uses of a similar character;

      (11)   Private school;

      (12)   Retail store; provided, that in connection with such store, there shall be no slaughtering of animals or poultry on the premises;

      (13)   Laundromat;

      (14)   Florist shop or greenhouse;

      (15)   Accessory buildings and uses.

(1963 Code, § 10-7-2)

   (C)   Height and area regulations.  The height and area regulations set forth in §§ 153.045 and 153.046 shall be observed, and in addition every building or portion thereof used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the R-3 Two-Family Residence District.

(1963 Code, § 10-7-3)

   (D)   Parking and loading regulations.  Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in §§ 153.060 through 153.064.

(1963 Code, § 10-7-4)  (Ord. 590, passed 6-26-1958)

   (A)   Application of section.  The regulations set forth in this section or set forth elsewhere in this chapter when referred to in this section, are the regulations in the C-2 Commercial District.

(1963 Code, § 10-8-1)

   (B)   Use regulations.  A building or premise shall be used only for the following purposes:

      (1)   Any use permitted in the C-1 Neighborhood Shopping District;

      (2)   Advertising sign;

      (3)   Billboard;

      (4)   Automobile or trailer display and sales rooms;

      (5)   Bowling alley;

      (6)   Business or commercial school;

      (7)   Drive-in restaurant;

      (8)   Dancing or music academy;

      (9)   Farm implement display and sales room;

      (10)   Hotel;

      (11)   Milk distributing station;

      (12)   Motor court or motel;

      (13)   Parking or public garage;

      (14)   Radio or television broadcasting station or studio;

      (15)   Theater;

      (16)   Tourist home;

      (17)   Undertaking establishment;

      (18)   Veterinarian or animal hospital or riding academy;

      (19)   Used car sales or storage lot;

      (20)   When not employing more than 10 persons on the premises:

         (a)   Dyeing and cleaning establishment or laundry;

         (b)   Painting, plumbing, or tinsmithing shop;

         (c)   Printing shop;

         (d)   Tire sales and service, including vulcanizing;

         (e)   Upholstering shop, not involving furniture manufacturing;

         (f)   Any other general service or repair establishment of similar character. 

(1963 Code, § 10-8-2)

   (C)   Height and area regulations.  The height and area regulations set forth in §§ 153.045 and 153.046 shall be observed, and in addition every building or portion thereof used for dwelling purposes shall comply with the side and rear yard and lot area per family requirements of the R-4 Multiple Dwelling District.

(1963 Code, § 10-8-3)

   (D)   Parking and loading regulations.  Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in §§ 153.060 through 153.064.

(1963 Code, § 10-8-4)  (Ord. 590, passed 6-26-1958)

   (A)   Application of section.  The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the C-3 Central Business District.  (1963 Code, § 10-9-1)

   (B)   Use regulations.  A building or premise shall be used only for the following purposes:

      (1)   Any use permitted in the C-2 Commercial District and without restriction as to the number of employees on the premises;

      (2)   Frozen food locker;

      (3)   Laboratory; experimental, film, or testing;

      (4)   Truck or transfer terminal or freight house or bus garage and repair shop; 

      (5)   Wholesale or distributing establishment, or warehouse or wholesale market;

      (6)   Printing, publishing, or engraving;

      (7)   Service industry such as a laundry, cleaning or dyeing establishment, or similar use;

      (8)   The manufacture, compounding, processing, packaging, or treatment of such goods, materials and products as the following:

         (a)   Bakery goods, candy, cosmetics, pharmaceutical, toiletries, and food products except fish and meat products, sauerkraut, vinegar, yeast and the rendering of fats and oils; provided, the foregoing exceptions shall not apply to such operations ordinarily carried out in a frozen food locker;

         (b)   Articles made from previously prepared materials such as bone, canvas, cellophane, cloth, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, precious or semiprecious metals or stone, shell, textiles, wax, wire, yarns, and the like;

         (c)   Musical instruments, toys, novelties, rubber or metal stamps, and other small molded rubber products;

         (d)   Fabrication and repair of electric or neon signs or other commercial advertising structures, light sheet metal products, and the like;

      (9)   Any other use of similar character which is not objectionable by reason of the emission of odor, dust, smoke, gas, fumes, noise or vibration or which is not specifically prohibited or regulated in § 153.032. 

(1963 Code, § 10-9-2)

   (C)   Height and area regulations.  The height and area regulations set forth in §§ 153.045 and 153.046 shall be observed, and in addition every building or portion thereof used for dwelling purposes shall comply with the side and rear yard requirements of the “R-4" Multiple Dwelling District.

(1963 Code, § 10-9-3)

   (D)   Parking and loading regulations.  Off-street loading spaces shall be provided in accordance with the requirements of §§ 153.060 through 153.064.

(1963 Code, § 10-9-4)  (Ord. 590, passed 6-26-1958)

   (A)   Application of section.  The regulations set forth in this section or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the M-1 Light Industrial District.

(1963 Code, § 10-10-1)

   (B)   Use regulations.  A building or premises shall be used only for the following purposes:

      (1)   Any use permitted in the C-3 Central Business District;

      (2)   Bottling works;

      (3)   Carting, expressing, hauling, or storage yard;

      (4)   Contractor’s yard;

      (5)   Coal, coke, or wood yard;

      (6)   Auto wrecking yards and junk yards, but only when the premises upon which such activities are conducted are wholly enclosed within a building or by a wooden fence not less than 8 feet in height and in which the openings or cracks are less than 15% of the total area;

      (7)   Assembly and manufacture from prefabricated parts of household appliances, electronic products, and similar products or the processing or assembling of parts for production of finished equipment;

      (8)   Petroleum storage, but only after the location and treatment of the premises have been approved by the Chief of the Fire Department;

      (9)   Drive-in theaters;

      (10)   Sporting and athletic equipment manufacture;

      (11)   Industrial and manufacturing plants where the process of manufacturing or the treatment of materials is such that only a nominal amount of dust, odor, gas, smoke or noise is submitted and not more than 10% of the lot or tract is used for the open storage of products, materials, or equipment except that it is expressly provided that the outside storage of trucks and trailers, specifically including semi-trucks and semi-trailers is to be allowed in M-1 Zoning Districts; further, the outside storage of trucks and trailers, including semi-trucks and semi-trailers is not subject to said 10% limitation provisions in and on premises zoned M-1, Light Industrial District, within the City of LaSalle. However, this provision shall have no application to mobile homes as defined in § 153.002 of the LaSalle City Code.

      (12)   Air separation plants and associated storage facilities;

      (13)   A body piercing and/or tattoo establishment and/or business subject to and provided that regarding the subject premises, there shall have been granted and allowed a special use permit regarding the use and operation of a body piercing and/or tattoo business on the premises.

(1963 Code, § 10-10-2) (Ord. 590, passed 6-26-1958; Am. Ord. 856A, passed 10-15-1974)

   (C)   Height and area regulations.  The height and area regulations set forth in §§ 153.045 and 153.046 shall be observed, and in addition any building that may be used for dwelling purposes shall comply with the side and rear yard and lot area per family regulations of the R-4 Multiple Dwelling District.

(1963 Code, § 10-10-3)

   (D)   Parking and loading regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in §§ 153.060 through 153.064.

(1963 Code, § 10-10-4) (Am. Ord. 2234, passed 6-14-2010; Am. Ord. 2547, passed 2-24-2015)

   (A)   Application of section. The regulations set forth in this section, or set forth elsewhere in this chapter, when referred to in this section, are the regulations in the M-2 Heavy Industrial District.

(1963 Code, § 10-11-1)

   (B)   Use regulations.  Any building or premises may be used for any purpose not in conflict with any provision of this code regulating nuisances; provided, however, that no building shall be erected, reconstructed, or structurally altered for residential purposes, except for resident watchmen and caretakers employed on the premises; and provided further, that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the City Council after report by the Department of Public Works and the Chief of the Fire Department:

      (1)   Acid manufacture;

      (2)   Cement, lime, gypsum, or plaster of paris manufacture;

      (3)   Distillation of bones and glue manufacture;

      (4)   Explosives manufacture or storage;

      (5)   Fat rendering and fertilizer manufacture;

      (6)   Garbage, offal, or dead animal reduction or dumping;

      (7)   Refining of petroleum or its products;

      (8)   Smelting of tin, copper, zinc, or iron ores;

      (9)   Stockyards or slaughter of animals;

      (10)   A body piercing and/or tattoo establishment and/or business subject to and provided that regarding the subject premises, there shall have been granted and allowed a special use permit regarding the use and operation of a body piercing and/or tattoo business on the premises.

(1963 Code, § 10-11-2)

   (C)   Height and area regulations.  The height and area regulations set forth in §§ 153.045 and 153.046 shall be observed.

(1963 Code, § 10-11-3)

   (D)   Parking and loading regulations.  Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in §§ 153.060 through 153.064.

(1963 Code, § 10-11-4)  (Ord. 590, passed 6-26-1958; Am. Ord. 2234, passed 6-14-2010)

   The required height and area regulations are established and shown on the accompanying table which is as follows:

 

(1963 Code, § 10-12-1)  (Ord. 590, passed 6-26-1958; Am. Ord. 656, passed 6-3-1963; Am. Ord. 896, passed 3-7-1977)

      (1)   A building may be erected to a height of 6 stories and 75 feet back from all required yard lines a distance of 1 foot for each foot of additional height above 45 feet.

      (2)   For buildings of less than 3 stories in height.  For 3 story buildings side yards of 8 feet each shall be required.

      (3)   No side yard required except on the side of a lot adjoining a Residence District, in which case a side yard of not less than 5 feet shall be provided in any C District and of not less than 10 feet in any M District.

      (4)   No rear yard required except on the rear of a lot adjoining a Residence District, in which case a rear yard of not less than 25 feet shall be provided.

      (5)   Whenever a building in an M District adjoins or abuts an R District, within 100 feet therefrom, such building shall not exceed 3 stories or 45 feet in height unless it is set back 1 foot from the required side and rear yard lines for each foot of additional height above 45 feet.

      (6)   Religious and educational institution buildings in R-4 Multiple Family Districts shall have no minimum depth requirements higher for front yards or rear yards.

      (7)   Religious and educational institution buildings in R-3 Two-Family Residence shall have no minimum depth requirements either for front yards, side yards, or rear yards. 

      (8)   All corner lots shall have minimum lot width of not less than 75 feet.

      (9)   Minimum front and rear yard depths in R-1 and R-2 shall be 25 feet.

      (10)   Exception: 3-foot sideyard set back if lot is 50 feet wide or less.

(1963 Code, § 10-12-1)  (Ord. 590, passed 6-26- 1958; Ord. 596, passed - -; Am. Ord. 601, passed 4-18-1960; Am. Ord. 656, passed 6-3-1963; Am. Ord. 760, passed 8-5-1968; Am. Ord. 977, passed - --)

   (A)   Height.

      (1)   The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors, and flagpoles.

      (2)   Public or semipublic service buildings, hospitals, institutions, or schools, where permitted, may be erected to a height not exceeding 60 feet, and churches and temples may be erected to a height not exceeding 75 feet when the required side and rear yards are each increased by 1 foot for each foot of additional building height above the height regulations for the district in which the building is located.

      (3)   The limitation on number of stories shall not apply to buildings used exclusively for storage purposes provided such buildings do not exceed the height in feet permitted in the district in which they are located.

(1963 Code, § 10-13-1)

   (B)   Front yards.

      (1)   When 40% or more of the frontage on 1 side of the street between 2 intersecting streets is improved with buildings that have a front yard in the district, no building shall project beyond the average front yard so established.

      (2)   On lots having double frontage the required front yard shall be provided on both streets.

      (3)   In a residential district no fence, structure, or planting higher than 3½ feet above the established street grades shall be established within 20 feet of any street intersection.

      (4)   An open, uncovered porch or paved terrace may project into a required front yard for a distance of not more than 10 feet.  An enclosed vestibule or fixed canopy with a floor area of not more than 40 square feet may project into a required front yard for a distance not to exceed 4 feet.

      (5)   Filling station pumps and pump islands may be located within a required yard provided they are not less than 15 feet from any street line and not less than 50 feet from the boundary of any R District.

      (6)   Off-street parking facilities may be located within the required front yard of any C or M District but shall not be nearer than 50 feet to any R District and no off-street parking shall be permitted in the required front yard of any R District.

(1963 Code, § 10-13-2)

   (C)   Side yards.

      (1)   On a corner lot the width of the yard along the side street shall not be less than any required front yard on such street; provided, however, that the buildable width of a lot of record shall not be reduced to less than 32 feet.

      (2)   No accessory building shall project beyond a required yard line along any street.

      (3)   Where dwelling units are erected above a commercial establishment no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.

      (4)   A porte-cochere or canopy may project into a required side yard provided every part of such porte-cochere or canopy is unenclosed and not less than 5 feet from any side lot line.

      (5)   For the purpose of side yard regulations, a 2-family dwelling or multiple dwelling shall be considered as 1 building occupying 1 lot.

      (6)   Where a lot of record at the time of the effective date of this chapter is less than 40 feet in width, the required side yard may be reduced to 10% of the width of the lot; provided, however, that no side yard shall be less than 3 feet. 

      (7)   One directional or name sign or sign advertising product sold on the premises may occupy required yards in a district where such sign is permitted by the use regulation of this chapter; provided, such sign is not more than 35 square feet in area and in the C-1 Commercial District does not contain flashing, intermittent, or moving illumination.

      (8)   Where an existing lot of record has the frontage of 50 feet or less the minimum width of either side yard in feet shall be 3 feet.

(1963 Code, § 10-13-3)  (Am. Ord. 977, passed 11-13-1979)

   (D)   Rear yards.

      (1)   Where a lot abuts upon an alley, ½ of the alley width may be considered as part of the required rear yard.

      (2)   An accessory building not exceeding 20 feet in height may occupy not to exceed 30% and unenclosed parking spaces may occupy not to exceed 90% of the area of a required rear yard but no accessory building shall be closer than 10 feet to the main building nor closer than 3 feet to any rear lot line.

      (3)   The ordinary projections of sills, belt courses, cornices, and ornamental features may extend to a distance not to exceed 18 inches into a required yard.

      (4)   Open or lattice enclosed fire escapes, outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard may be permitted by the Building Inspector for a distance not to exceed 5 feet when these are so placed as not to obstruct light and ventilation.

(1963 Code, § 10-13-4)

   (E)   Lot area per family.  Where a lot of record at the time of the effective date of this chapter has less area or width than herein required in the district in which it is located, and the owner of such lot does not own any other parcel or tract adjacent thereto, said lot may nonetheless be used for a 1-family dwelling or for any nondwelling use permitted in the district in which it is located.

(1963 Code, § 10-13-5)  (Ord. 590, passed 6-26- 1958)

   In all districts there shall be provided at the time any building or structure is erected or structurally altered (except as specified in division (B) of this section), off-street parking spaces in accordance with the following requirements; provided, however, that no off-street parking need be provided for any of these uses when they are located in the C-3 Central Business District.

   (A)   Dwellings, including single and 2-family and multiple; 1 parking space for each dwelling unit.

   (B)   Rooming, lodging, or boarding houses; 1 parking space for each 2 sleeping rooms.

   (C)   Fraternity or sorority; 1 parking space for each 6 beds.

   (D)   Private club or lodge; 1 parking space for every 10 members.

   (E)   Church or temple; 1 parking space for each 8 seats in the main auditorium.

   (F)   School (except high school or college); 1 parking space for each 10 seats in the auditorium or main assembly room, or 1 space for each classroom, whichever is greater.

   (G)   College or high school; 1 parking space for each 8 seats in the main auditorium or 3 spaces for each classroom, whichever is greater.

   (H)   Country club or golf club; 1 parking space for each 5 members.

   (I)   Community center, library, museum, or art gallery; 10 parking spaces plus 1 additional space for each 300 square feet of floor area in excess of 2000 square feet.

   (J)   Hospitals; 1 parking space for each 4 beds.

   (K)   Sanatarium, convalescent home, home for the aged, or similar institution; 1 parking space for each 6 beds.

   (L)   Theater or auditorium (except school); 1 parking space for each 5 seats or bench seating spaces.

   (M)   Sports arena, stadium, or gymnasium; 1 parking space for each 5 seats or seating spaces.

   (N)   Hotels; 1 parking space for each 3 sleeping rooms or suites plus 1 space for each 200 square feet of commercial floor area contained therein.

   (O)   Tourist home, cabin, or motel; 1 parking space for each sleeping room or suite.

   (P)   Dance hall, assembly or exhibition hall without fixed seats;  1 parking space for each 100 square feet of floor area used therefor. 

   (Q)   Business or professional office, studio, bank, medical or dental clinic; 3 parking spaces plus 1 additional parking space for each 400 square feet of floor area over 1000 square feet.

   (R)   Bowling alley; 5 parking spaces for each alley.

   (S)   Mortuary or funeral home; 1 parking space for each 50 square feet of floor space in slumber rooms, parlors, or individual funeral service rooms.

   (T)   Restaurant, night club, café, or similar recreation or amusement establishment; 1 parking space for each 100 square feet of floor area.

   (U)   Retail store or personal service establishment; except as otherwise specified herein, 1 parking space for each 200 square feet of floor area.

   (V)   Furniture or appliance store, hardware store, wholesale establishment, machinery or equipment sales and service, clothing or shoe repair, or service shop; 2 parking spaces plus 1 additional parking space for each 300 square feet of floor area over 1000 square feet.

   (W)   Printing or plumbing shop or similar service establishment; 1 parking space for each 3 persons employed therein.

   (X)   Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, warehouse, or similar establishment; 1 parking space for each 2 employees on the maximum working shift plus space to accommodate all trucks and other vehicles used in connection therewith.

(1963 Code, § 10-14-1)  (Ord. 590, passed 6-26- 1958)

   In computing the number of parking spaces required, the following rules shall govern:

   (A)   FLOOR AREA shall mean the gross floor area of a specific use.

   (B)   Where fractional spaces result, the parking spaces required shall be construed to be the nearest whole number.

   (C)   The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of similar nature.

   (D)   Whenever a building or use constructed or established after the effective date of this chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity, or otherwise to create a need for an increase of 10% or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this chapter is enlarged to the extent of 50% or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.

   (E)   In the case of mixed uses, the parking spaces required shall equal the sum of the requirements of the various uses computed separately.

(1963 Code, § 10-14-3)  (Ord. 590, passed 6-26- 1958)

   (A)   All parking spaces required herein shall be located on the same lot with the building or use served, except that where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively or used jointly by 2 or more buildings or establishments, the required spaces may be located not to exceed 300 feet from an institutional building served and not to exceed 500 feet from any other nonresidential building served.

   (B)   Not more than 50% of the parking spaces required for theaters, bowling alleys, dance halls, night clubs, or cafes, and up to 100% of the parking spaces required for a church or school auditorium may be provided and used jointly by banks, offices, retail stores, repair shops, service establishments, and similar uses not normally open, used, or operated during the same hours; provided, however, that written agreement thereto is properly executed and filed as specified herein.

   (C)   In any case where the required parking spaces are not located on the same lot with the building or use served, or where such spaces are collectively or jointly provided and used, a written agreement to assure their retention for such purposes shall be properly drawn and executed by the parties concerned, approved as to form and executed by the Corporation Counsel and shall be filed with the application for a building permit.

(1963 Code, § 10-14-3)  (Ord. 590, passed 6-26- 1958)

   Every building or part thereof erected or occupied for retail business, service, manufacturing, storage, warehousing, hotel, mortuary, or any other use similarly involving the receipt or distribution by vehicles of materials or merchandise, shall provide and maintain on the same premises loading space in accordance with the following requirements:

   (A)   In the C-1 and C-2 Shopping and Commercial Districts and in the M-1 and M-2 Industrial Districts; 1 loading space for each 10,000 square feet or fraction thereof, of floor area in the building.

   (B)   In the C-3 Central Business District; 1 loading space for the first 5000 square feet to 15,000 square feet of floor area in the building and 1 additional loading space for each 15,000 square feet or fraction thereof of floor area in excess of 15,000 square feet.

(1963 Code, § 10-14-4)  (Ord. 590, passed 6-26- 1958)

   The parking or storage of certain vehicles in residential and commercial districts. The vehicles shall be subject to the following regulations when parked or stored in residential and commercial districts.

   (A)   Yard use.

      (1)   Parking and delivery between the front line of any portion of the building and street shall be limited to private passenger vehicles, and in residential districts, only 1 of the following: pickup coaches, when mounted on a pickup truck or truck chassis, pickup truck or van; all of which shall be on a paved surface with driveway access. Further within a commercial district, the same shall be limited to commercial vehicles of the type specifically related to the business use being conducted on the commercial premises and further provided that semi-trucks, semi-trailers, and trailers on said premises shall not be kept and stored on such premises for storage purposes.

      (2)   In residential districts, on corner lots, parking between the street and building shall be limited to private passenger vehicles and only 1 of the following: pickup coaches when mounted on a pickup truck or truck chassis, pickup truck or van; all of which shall be on a paved surface with driveway access.

      (3)   In residential districts in the interior side and interior rear yards, the parking of private passenger vehicles and pickup trucks shall be allowed when on a paved surface. In addition, only 1 of the following shall be allowed:

         (a)   Recreational vehicles, including motorized homes;

         (b)   Pickup coach;

         (c)   Boat trailer, with or without a boat or raft mounted on it, or unmounted boat or raft;

         (d)   Commercial vehicles, except semi-tractors or semi-trailers when owned or used by the occupant;

         (e)   Commercial vehicles not exceeding 20 feet in length and further excepting semi-tractors or semi-trailers, and all provided that the same are owned or used by the occupant.

   (B)   Vehicles to be in enclosed garages.  Additionally, in all districts, the parking of the following vehicles shall also be allowed in totally enclosed garages provided that the garages either exist as of the date of this section or if prospectively constructed consistent with the type of garage as allowed in the respective district that the garage exists:

      (1)   Any motor vehicle owned by the occupant;

      (2)   Recreational vehicles;

      (3)   Boats and rafts;

      (4)   Trailers; or

      (5)   Commercial vehicles when owned or used by the occupant.

   (C)   Use for human habitation prohibited.  A recreational vehicle or motorized home shall not be used for the purposes of human habitation while parked or stored on any residential or commercial premises.

   (D)   Use for storage.  A recreational vehicle, pickup coach or boat shall not be utilized for the storage of goods, materials or equipment other then those items considered to be part of the inventory essential for its immediate use.

   (E)   Not to block or obstruct.  No vehicle or trailer shall be parked or stored as to block any public right-of-way or to be a visual obstruction to traffic.

   (F)   Definition.  Additionally, for purposes of this section, and the construction thereof, a PAVED SURFACE shall mean a surface improved with a durable and maintained surface and graded and drained as to dispose of all surface water.

   (G)   Making deliveries and/or rendering services.  The provisions of this section shall not be construed to prohibit trucks and other service vehicles from being parked on the premises temporarily for purposes of making deliveries and/or rendering services to the property owner or tenant.

(Ord. 1862, passed 10-11-2004)

   (A)   Purpose. The intent and purpose of this subchapter is to provide the mechanism whereby certain structures and/or uses that are necessary and desirable but are of a unique, special, or nonrecurring nature may be permitted within any zoning district.

   (B)   Authority. The City Council may permit special uses of land and/or structures within any district subject to conditions contained herein if it finds that the proposed location and establishment of any such special use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites and will further community development in accordance with the comprehensive plan.

   (C)   Application for special use.

      (1)   Application filed; fee. The applicant shall file an application for a special use with the City Clerk, accompanied by a filing fee to be established by the City Council.

      (2)   Contents.

         (a)   The application shall set forth the facts and details concerning the proposed special use and shall have attached thereto a diagram or plan showing the result the proposed special use would have on the subject property and surrounding properties.

         (b)   The application shall contain the following requirements:

            1.   A legal description of the property, common address, and parcel identification number (PIN);

            2.   Any photos of the property and the specific area of the property seeking the special use shall be submitted with the application;

            3.   A statement indicating the need for the special use; and

            4.   Fifteen (15) copies of the preliminary development plan and site plan at a scale of not less than one inch equals fifty feet (1" = 50') showing adjacent property owners, including rights of way; the zoning of adjacent properties; existing improvements and structures; and streets, railroads, waterways, and other necessary physical features.

      (3)   Date of filing. The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

      (4)   Date of hearing; notice. The City of LaSalle Planning Commission, through either the City Clerk and/or the chairperson of the Planning Commission, shall set a regular date, time, and place for a public hearing on the application and shall inform the applicant of the same. The City Clerk and/or the chairperson has the option of changing the time and/or date if there is a conflict with other meetings held concurrently at the City Hall. Notice of the public hearing of the petitioner’s application is to be given in the following manner:

         (a)   By publishing the notice of the date, time, and place of such hearing in a paper of general circulation in the city at least 15, but not more than 30, days prior to the hearing.

         (b)   By causing the notice to contain the particular location for which the special use is requested as well as a brief statement describing the proposed special use. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property.

         (c)   The petitioner shall post a sign on the property that is subject to the special use application at least 10, but not more than 30, days prior to the hearing. The city will supply a sign upon payment by the petitioner of a $100 deposit. The sign shall be displayed in a prominent location on the property until the conclusion of the hearing. The city reserves the right to specify the location on the property of the placement. The deposit shall be returned to the petitioner upon return of the sign, in the same condition as when issued.

   (D)   Public hearing; review and decision.

      (1)   Hearing.

         (a)   No special use, in any case, shall be granted by the City Council without a public hearing by the Planning Commission as required herein, nor without a report having been made by the Commission to the City Council, and every report shall be accompanied by findings of fact specifying the reasons for the reported recommendations.

         (b)   The Planning Commission shall review the application, the recommendation of the Building Inspector and/or the City Engineer as the case may be, and the testimony at the public hearing and shall recommend approval, recommend approval subject to specified conditions and/or recommend denial of the special use. If the Planning Commission neither approves nor disapproves the special use within 60 days after the same has been submitted, the City Council may take action without further awaiting the Planning Commission recommendation or report. However, the Commission may extend this time for the purpose of continuing the public hearing.

      (2)   Planning Commission findings of fact. In considering all appeals, all proposed special uses, and a review by the Building Inspector or City Engineer, as the case may be, the Commission shall, before recommending that the City Council grant any special use in a specific case, first determine and make findings of fact that the proposed special use:

         (a)   Is necessary or desirable to provide a service which is in the interest of public convenience;

         (b)   Will cause no additional threat to public health, safety, or welfare or creation of a nuisance;

         (c)   Will cause no additional public expense for flood protection, fire rescue or relief operations, policing, or repairs to roads, utilities, or other public facilities;

         (d)   Will not unduly increase traffic congestion on public roads and highways;

         (e)   Will not alter the essential character of the property or neighborhood in question;

         (f)   Meets other requirements of this title, such as parking and landscaping; and

         (g)   Is consistent with the purpose and intent of the comprehensive plan.

      (3)   City Council action. Upon the report of the planning commission and the Building Inspector, the City Council, without further public hearing, may adopt or deny any proposed special use or may refer the report back to the Commission for further consideration or may take such other action as may be lawful and appropriate in the circumstances in the discretion of the City Council including, but not limited to, imposing conditions and/or covenants as set forth below herein. No special use shall become effective unless it receives a simple majority vote of the corporate authorities, the City Council of the City of LaSalle.

   (E)   Conditions of special use.

      (1)   Conditions may be imposed. Issuance of a special use permit may be made subject to such conditions, covenants and provisions as are necessary and appropriate in the circumstances within the discretion of the City Council of the City of LaSalle to carry out the purposes of this title and to prevent, minimize and/or offset the adverse effects and/or impact on other property in the neighborhood, on the city, the public in general, which may include, but not be limited to, providing for a development agreement in reference to the implementation of the special use permit as between the applicant and the city, which may further include, but not being limited to, provisions regarding the size, location, hours of operation, requirements for landscaping, lighting, requirements for payment to offset adverse effects and/or impact and such other lawful provisions as within the discretion of the City Council are deemed just and appropriate in the circumstances.

      (2)   Term of permit; expiration.

         (a)   Special use permits may be valid for an indefinite duration or a specific duration. Prior to the expiration of a time limit of a particular permit, the property owner may apply to the village board for a time extension.

         (b)   No special use permit shall be deemed valid unless a building permit is issued and construction has begun within one year of the approval of the special use permit. However, the person requesting the special use and the City Council Board may mutually agree to an extension of time.

      (3)   Transfer of permit. All special use permits shall be approved for the specific tract or parcel of land, and may not be transferred to any other location. An approved special use permit may or may not be transferable to any subsequent landowner dependent upon the terms and provisions of the special use permit as provided within the special use permit and/or agreement as between the City Council and the party to whom the special use permit is granted.

   (F)   In reference to special uses that in addition to but consistent with the other provisions contained herein and the Zoning Ordinance of the City of LaSalle overall, the following uses shall only be allowed within the city in the following specified zoning districts and then only when approved by special use permit pursuant to the provisions set forth within this subchapter:

      (1)   An amusement park shall be allowed by special use permit only and may not be allowed within 300 feet of any residential district;

      (2)   A circus or carnival ground shall be allowed only by special use permit but not within 300 feet of any residential district;

      (3)   A hospital or institution shall only be allowed by special use permit but maybe allowed within any zoning district pursuant to special use permit provided the criteria in reference to granting such permit are allowed;

      (4)   A radio tower, television broadcasting tower, radio or television station, cell phone tower and/or other telecommunication tower shall only be allowed in any zoning district within the city by special use permit;

      (5)   A drive in theatre shall only be allowed by special use permit and then only within a zoning district that allows C-2 and/or C-3 zoning uses;

      (6)   Tourist or trailer camp shall only be allowed by special use permit in the C-2 Commercial District or the M-l Light Industrial District and its extension into an abutting residential district; provided, such tourist or trailer camp shall comply with the following and such additional requirements as may be deemed necessary for proper development and the protection of the surrounding area:

         (a)   All appropriate state and county sanitation regulations shall be strictly observed;

         (b)   At least 1,500 square feet of lot area per trailer shall be provided; no trailer shall be parked closer to the street or highway than the required front yard setback or closer than 20 feet to any property line; and a clearance of not less than 15 feet shall be maintained between trailer coaches on all sides;

         (c)   Trailer coach spaces shall abut upon a hard surfaced driveway or accessway of not less than 25 feet in width;

         (d)   Service building or other facilities for bathing, laundry, and sanitation, as required by the state and local health regulations, shall be located at least 20 feet from the side and rear lot lines and shall be accessible to all trailer coaches by means of the access drives or hard surfaced walks; and

         (e)   Wherever practicable, space shall be reserved for recreation and a playground;

      (7)   That the regulation of adult uses as enumerated and provided within § 153.079 and in Ordinance Number 1633, shall remain with the exception that the criteria and procedures in reference to application for special use permit in connection with the adult usages as enumerated in § 153.079 shall be in addition to the provisions of this section in reference to the application and the general standards; but the specific standards and criteria as to where the adult use type of special use may be permitted shall remain as provided within § 153.079, including divisions (A)(1)through (6), (B)(1) through (5) and (C) thereof;

      (8)   That cement, lime, gypsum, or plaster of paris manufacturer, or mining of any type, whether said mining be gypsum mining, limestone mining, sand mining, coal mining, open cut mining, and/or pit mining, and/or otherwise, shall only be allowed by special use permit and shall also only be allowed in the M-2 zoning district classification within the city;

      (9)   That existing railroads and utilities may continue to be operated and maintained in dwelling, commercial, industrial and agricultural districts, but any new railroad or utility structure shall only be allowed to be constructed and/or used by special use permit other than in reference to the usual poles, wires and underground utilities in the case of utilities; and

      (10)   That additionally, prospectively, the licensing of tattoo and body piercing establishments shall only be allowed pursuant to the additional requirement of the granting of a special use permit and then if at all only within zoning districts allowing for M-l, Light Industrial and/or C-3, Central Business District uses.

      (11)   (a)   That additionally, prospectively, roof mounted solar energy power improvements and developments only shall prospectively no longer be considered such a unique, special, or nonrecurring use such as should require a special use permit; rather roof mounted solar energy power improvements and developments shall prospectively be regulated by the same process as would be required in regard to obtaining a building permit within the City of LaSalle; subject to the following specific guidelines in regard to acquiring a building permit for purposes of a roof mounted solar energy power improvement and/or development:

            1.   The provisions of the 2018 International Building Code and the NFPA 70:2017 Electrical Code as both of the same may be from time to time amended shall be considered in the guidelines;

            2.   The Building Inspector shall also require the proposed compliance by the applicant in regard to all other governmental rules and regulations, including, but not limited to, those related to decommissioning of the roof mounted solar panel development upon cessation of use;

         (b)   Additionally, in regard to roof mounted solar energy developments, in the event in the appropriate exercise of the Building Inspectors reasonable discretion determines that any particular proposed roof mounted solar energy panel improvement is a type that should require approval by the entire City Council, the Building Inspector shall have the discretion to make a recommendation in regard to said roof mounted solar energy panel improvement, and in that event the final decision as to whether to issue a building permit for the roof mounted solar energy panel development shall be with the City Council. The Building Inspector shall otherwise have the discretion to issue and/or deny said application for building permit;

         (c)   That in the event that an applicant is denied by final decision a building permit by the City of LaSalle in regard to a roof mounted solar energy power improvement and/or development, then said decision shall be appealable to the Circuit Court of LaSalle County under the provisions of the Administrative Review Act of the State of Illinois including ILCS Ch. 735, Act 5, §§ 3-101 et seq.

         (d)   That additionally, provisions regarding obtaining a building permit for a roof mounted solar power improvement and development may be amended at any time by the City Council without an additional LaSalle Planning Commission hearing in furtherance of Planning Commission recommendation that the provisions additionally be subject to such other rules and regulations as the LaSalle City Council should deem just and appropriate.

         (e)   Additionally, all solar energy power improvements and developments other than roof mounted solar energy power improvements and/or developments shall be required to follow the provisions regarding the requirement of obtaining a special use permit pursuant to the provisions of this City of LaSalle Zoning Ordinance regarding any other solar energy improvement and/or development.

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

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

         (c)   Hours of operation and anticipated number of customers/employees.

         (d)   Anticipated parking demand based on this division and available private parking supply.

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

         (f)   Site design, including access points and internal site circulation.

         (g)   Proposed signage plan.

         (h)   Compliance with all requirements provided in division (G)(4) (Adult-Use Cannabis Craft Grower); division (G)(5) (Adult-Use Cannabis Cultivation Center); division (G)(6) (Adult-Use Cannabis Dispensing Organization); division (G)(7) (Adult-Use Cannabis Infuser Organization); division (G)(8) (Adult-Use Cannabis Processing Organization); or division (G)(9) (Adult-Use Cannabis Transporting Organization), as applicable.

         (i)   Other criteria determined to be necessary to assess compliance with division (G)(2) above (Special Use) and this division (G)(3) (Adult-Use Cannabis Facility Components).

         (a)   Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (G)(4).

         (b)   Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes, or within 1,500 feet of another craft grower or cultivation center.

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

         (d)   For purposes of determining required parking pursuant to § 153.060 (Off-Street Parking), adult-use cannabis craft growers shall be classified as “business and retail uses” per § 153.060(U), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through divisions (A) through (E) above (Special Use) and division (G)(3)  above (Adult-Use Cannabis Facility Components) herein.

         (e)   Petitioner shall file an affidavit with the city affirming compliance with § 153.060 (Off- Street Parking), adult-use cannabis craft growers shall be classified as “business and retail uses” per § 153.060(U), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through divisions (A) through (E) above (Special Use) and division (G)(3) above (Adult-Use Cannabis Facility Components) as provided herein and all requirements of the Act.

         (a)   Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (G)(5).

         (b)   Facility may not be located within 1,500 feet of the property line of a pre-existing property zoned or used for residential purposes.

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

         (d)   For purposes of determining required parking, adult-use cannabis cultivation centers shall be classified as “business and retail uses” per § 153.060 (Off-Street Parking), adult-use cannabis cultivation centers shall be classified as “business and retail uses” per § 153.060(U), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through divisions (AA) through (E) above (Special Use) and division (G)(3)  (Adult-Use Cannabis Facility Components) herein.

         (e)   Petitioner shall file an affidavit with the city affirming compliance with § 153.060 (Off-Street Parking), Adult-Use Cannabis Cultivation Center shall be classified as "business and retail uses" per § 153.060(U), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through division (A) through (E) above (Special Use) and division (G)(3) above (Adult-Use Cannabis Facility Components) as provided herein and all requirements of the Act.

         (a)   Facility may not be located within 1,500 feet of the property line of a pre-existing public

or private nursery school, preschool, primary or secondary school, daycare center, daycare home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (G)(6).

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

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

         (d)   At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.

         (e)   No cannabis dispensing organization shall also sell food for consumption on the premises, or allow on-site consumption of cannabis, unless authorized by permit.

         (f)   Facility may be issued a permit to host on-site consumption of cannabis if located in a freestanding structure occupied solely by the dispensing organization and smoke from the facility does not migrate into an enclosed area where smoking is prohibited. The security plan for the facility required by division (G)(10) herein (Additional Requirements) shall also reflect adequate provisions to respond to disruptive conduct and over-consumption. The on-site consumption permit shall be reviewed annually and may be suspended or revoked following notice and hearing, which specific provisions therein will be set forth within the specific special use permit granted in regard to any adult-use cannabis special use permit.

         (g)   For purposes of determining required parking, adult-use cannabis dispensing organization shall be classified as “business and retail uses” per § 153.060 (Off- Street Parking), adult-use cannabis dispensing organization, shall be classified as “business and retail uses” per § 153.060(U), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through divisions (A) through (E) above (Special Use) and division (G)(3)  (Adult-Use Cannabis Facility Components) herein.

         (h)   Petitioner shall file an affidavit with the city affirming compliance with § 153.060 (Off-Street Parking), adult-use cannabis cultivation center shall be classified as “business and retail uses” per § 153.060(U), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through divisions (A) through (E) above (Special Use) and division (G)(3) (Adult-Use Cannabis Facility Components) as provided herein and all requirements of the Act.

         (a)   Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (G)(7).

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

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

         (d)   At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act.

         (e)   For purposes of determining required parking, adult-use cannabis dispensing organization shall be classified as “business and retail uses” per § 153.060 (Off-Street Parking), adult-use cannabis infuser organization, shall be classified as “business and retail uses” per § 153.060(U), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through divisions (A) through (E) above (Special Use) and division (G)(3) (Adult-Use Cannabis Facility Components) herein.

         (f)   Petitioner shall file an affidavit with the city affirming compliance with divisions (A) through (E) (Special Uses) and Section division (G)(3) (Adult-Use Cannabis Facility Components) as provided herein and all other requirements of the Act.

         (a)   Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (G)(8).

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

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

         (d)   At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act.

         (e)   For purposes of determining required parking, adult-use cannabis transporting organization shall be classified as “business and retail uses” per § 153.060 (Off-Street Parking), adult-use cannabis transporting organization, shall be classified as “business and retail uses” per § 153.060(U), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through divisions (A) through (E) above (Special Use) and division (G)(3) (Adult-Use Cannabis Facility Components) herein.

         (f)   Petitioner shall file an affidavit with the city affirming compliance with divisions (A) through (E) above (Special Uses) and division (G)(3) (Adult-Use Cannabis Facility Components) as provided herein and all other requirements of the Act.

         (a)   Facility may not be located within 1,500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, daycare center, daycare home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this division (G)(9).

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

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

         (d)   The transporting organization shall be the sole use of the tenant space in which it is located.

         (e)   For purposes of determining required parking, adult-use cannabis transporting organization shall be classified as “business and retail uses” per § 153.060 (Off-Street Parking), adult-use cannabis transporting organization, shall be classified as “business and retail uses” per § 153.060(U), provided, however, that the city may require that additional parking be provided as a result of the analysis completed through divisions (A) through (E) above (Special Use) and division (G)(3) (Adult-Use Cannabis Facility Components) herein.

         (f)   Petitioner shall file an affidavit with the city affirming compliance with divisions (A) through (E) above (Special Uses) and division (G)(3) above (Adult-Use Cannabis Facility Components) as provided herein and all other requirements of the Act.

      (12)   (a)   The following uses are allowed as special uses when authorized by the City Council subject to the standards set forth within divisions (A) through (E) inclusive, and additionally as set forth within this division (G), including division (G)(3) above herein:

         (b)   The following uses are allowed as special uses when authorized by the City Council subject to the standards set forth within divisions (A) through (E) inclusive, and additionally as set forth within this division (G), including division (G)(3) above herein, but only within M-l (Light Industrial District) and M-2 (Heavy Industrial District):

            1.   Adult-use cannabis infuser organization. Also subject to the adult-use cannabis provisions set forth in division (G)(7) above.

            2.   Adult-use cannabis processing organization. Also subject to the adult-use cannabis provisions set forth in division (G)(8) above.

            3.   Adult-use cannabis transportation organization. Also subject to the adult-use cannabis provisions set forth in division (G)(9) above.

            4.   Adult-use cannabis craft grower organization. Also subject to the adult-use cannabis provisions set forth in division (G)(4) above.

            5.   Adult-use cannabis cultivation organization. Also subject to the adult-use cannabis provisions set forth in division (G)(5) above.

(1963 Code, § 10-15-1)  (Ord. 590, passed 6-26-1958; Am. Ord. 2234, passed 6-14-2010; Am. Ord. 2451, passed 7-2-2013; Am. Ord. 2855, passed 11-4-2019; Am. Ord. 2877, passed 5-5-2020)

   Temporary buildings used in conjunction with construction work only may be permitted in any district during the period that the construction work is in progress, but such temporary buildings shall be removed upon completion of the construction work.

(1963 Code, § 10-15-2)  (Ord. 590, passed 6-26- 1958)

   Existing railroads and utilities may continue to be operated and maintained in dwelling and commercial districts, but no new railroad or utility structure other than the usual poles, wires, and underground utilities shall be established in such districts except when so authorized by City Council after report by the Board of Appeals.

(1963 Code, § 10-15-3)  (Ord. 590, passed 6-26- 1958)

   An authorized agency of the municipal, county, state, or federal government or the owner or owners of any tract or land comprising an area of not less than 10 acres, or an area bounded on all sides by municipal streets or streets and alleys, may submit to the City Council a plan for the use and redevelopment of all of the tract of land for any lawful purpose.  The development plan shall be referred to the City Plan Commission for study and report and for public hearing.  Notice and publication of such public hearings shall conform to the procedures prescribed in § 153.127 for hearings on changes and amendments.

   If the Commission approves the plans, these shall then be submitted to the City Council for consideration and action.  The approval and recommendations of the Commission shall be accompanied by a report stating the reasons for approval of the application and specific evidence and facts showing that the proposed plan meets the following conditions:

   (A)   The property adjacent to the area included in the plan will not be adversely affected, and to this end the Council may require, in the absence of an appropriate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project;

   (B)   The plan is consistent with the intent and purposes of this chapter to promote public health, safety, morals, and general welfare;

   (C)   The plan shall specify the use to which the property and each subdivision thereof or lot therein may be put, and if the said plan is approved no subsequent use other than that specified in the plan may be substituted for the use so specified and any later substituted use shall be considered a violation of the provisions of this chapter governing land use and be subject to the provisions of and penalties provided in § 153.122;

   (D)   The average lot area per family contained in the site, exclusive of the area occupied by streets, will not be less than the lot area per family required in the district in which the development is located; provided, however, that if any such development plan shall be designed or intended for multiple family dwelling use, involving more than 50 dwelling units, the requirements of this chapter with respect to lot area per family may be waived, and the plan approved without respect to lot area per family.

   (E)   Approval of the plan submitted under this section shall constitute approval of any plat submitted therewith and any such plat shall be entitled to be recorded and lots sold therefrom in the same manner as if the plat had been approved under the Land Subdivision Ordinance of the City of LaSalle, No. A-590 provided, however, that insofar as said Land Subdivision Ordinance No. A-590 is applicable, then in all respects said Land Subdivision Ordinance No. A-590 shall apply;

   (F)   If the City Council approves the plans, building permits and certificates of occupancy may be issued even though the use of land and the location and height of buildings to be erected in the area and the yards and open space contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.

(1963 Code, § 10-15-4)  (Ord. 590, passed 6-26- 1958; Am. Ord. 765, passed 10-28-1968; Am. Ord.  787, passed 5-1-1970)

   (A)   Adult uses enumerated.  The following shall be considered adult uses for the purpose of this section:

      (1)   Adult book stores;

      (2)   Adult motion picture theater;

      (3)   Adult mini motion picture theater;

      (4)   Adult entertainment cabaret;

      (5)   Massage establishment;

      (6)   Body shop or model studio.

   (B)   Limitations on adult uses. Adult uses shall be permitted under the zoning ordinance provided that a special use permit has been granted with reference to the same pursuant to the Special Uses Section of this Zoning Ordinance, (namely §§ 153.075 through 153.080 hereof) with it specifically being provided that adult uses are specifically added as an additional special use within this chapter and with it further being provided that with respect to adult uses, the same shall additionally be subject to the following restrictions:

      (1)   An adult use shall not be allowed within 1000 feet of another existing adult use.

      (2)   An adult use shall not be located within 1000 feet of any zoning district which is zoned for single-family residence district (R-1), Single-Family Residence District (R-2), Two-Family Residence District (R-3), or Multiple Dwelling District (R-4).

      (3)   An adult use shall not be located within 1000 feet of a preexisting school, day care center, cemetery, public park, public housing, or place of worship.

      (4)   An adult use shall not be located in a building structure which contains another business that sells or dispenses in some manner alcoholic beverages.

      (5)   Adult uses shall also be entitled to and subject to the provisions set forth within the Zoning Ordinance of the City of LaSalle with reference to prior non-conforming uses, existing and in business, as of the time of passage of this chapter.

   (C)   Measurement of distances. For the purpose of this chapter, measurements shall be made in a straight line, without regard to intervening structures or object, from the property line of the adult use to the nearest property line of another adult use, school, day care center, cemetery, public park, public housing, or place of worship, or district zoned for residential use.

(Ord. 1633, passed 3-23-1998)

   (A)   Purpose; recitals. 

      (1)   Pursuant to this zoning code, including § 153.127, the City Council of the city of LaSalle did move and referred pursuant to motion to the Planning Commission for consideration of the amendment to the zoning ordinance to restrict the portion of the downtown business district from being used as residential property (R-1 through R-4 inclusive as defined within this chapter) with the portion of the Downtown Business District referred for consideration of the amendment being defined as the first floor of the following:

         (a)   All of First Street between the West side of Bucklin to and including the East side of Crosat Street;

         (b)   All of Second Street from and including the West side of Bucklin to and including the East side of Tonti Street;

         (c)   All of the South side of Third Street from and including the West side of Bucklin Street to the East side of Joliet Street;

         (d)   That part of Bucklin, Wright, Gooding, Marquette and Joliet Streets between First and Third Street;

   all of which area of said downtown business district may be henceforth referred to within this chapter collectively as the Residential Use Exclusion Portion of the Downtown Business District.

      (2)   The zoning change and restriction from residential use of the First Floor of said Residential Use Exclusion Portion of the Downtown Business District is in the best interest of the City of LaSalle.

      (3)   The making of such change in the chapter is in the public good and may be granted without substantial detriment to the public good and without substantially impairing the purpose and intent of the comprehensive plan of the City of LaSalle and/or the Zoning Ordinance of the City of LaSalle.

      (4)   It is understood that the proposed amendment to the Zoning Ordinance as referred to above regarding said proposed residential use excluded portion of the downtown business district would still be subject to §§ 153.095 through 153.097 of the Zoning Ordinance regarding preexisting non-conforming uses.

      (5)   A public hearing was held on September 10, 2001, pursuant to notice duly published within the Daily News-Tribune at least 15 days prior to said public hearing and the LaSalle Planning Commission after due consideration at the time of said public hearing recommended to the City Council of the City of LaSalle that the proposed change restricting the portion of the downtown business district described above as the Residential Use Excluded Portion of the Downtown Business District from being used as residential property (R1-R4 inclusive as defined within the Ordinance) be approved and adopted.

      (6)   The City Council of the City of LaSalle has previously accepted the recommendation of the Planning Commission to restrict the portion of the downtown business district defined above as the Residential Use Excluded Portion of the Downtown Business District from being used as residential property.

   (B)   Restriction of first floor area. The first floor portion of the below described portions of the downtown business district (all of which was previously a portion of the C-3 Central Business District as defined within the Zoning Ordinance (with the exception of a part of the East side of Crosat Street between First and Second Street that was part of the C-2 Commercial District) be henceforth restricted and prohibited from being used for residential use of property (including residential uses as defined within R1 through R4 of the present City of LaSalle Zoning Ordinance) with the portions of the downtown business district to be so restricted and prohibited from use pursuant to this Amendment to the Zoning Ordinance to be defined as the First Floor of the following:

      (1)   All of First Street between the West side of Bucklin to and including the East side of Crosat Street;

      (2)   All of Second Street from and including the West side of Bucklin to and including the East side of Tonti Street;

      (3)   All of the South side of Third Street from and including the West side of Bucklin Street to the East side of Joliet Street;

      (4)   That part of Bucklin, Wright, Gooding, Marquette and Joliet Streets between First and Third Street.

      (5)   This Amendment and change to the Zoning Ordinance shall be subject however, to the provisions of §§ 153.095 through 153.097 of the Zoning Ordinance regarding preexisting, non-conforming uses of property within the above described portion of the downtown business district.

(Ord. 1748, passed 10-1-2001)

   (A)   Drop off collection containers and/or collection trailers shall henceforth only be allowed within commercial or industrial zoning districts within the city, with it additionally provided that this use shall henceforth require a special use permit with said special use permit, if granted, to be in full force and effect for a period not to exceed 12 months. At the conclusion of the 12 month period, the City Council shall review the permit to determine if a renewal for an additional 12 month period would be appropriate given the demonstrated impact of the special use.

   (B)   Additionally, in reference to regulating drop off collection containers and/or drop off collection trailers, it is hereby provided that each receptacle (i.e. each collection container and/or collection trailer) shall contain and display on the same the name, address and phone number of the company, group, organization or individual that has ownership and/or leasehold interest in the same.

   (C)   Additionally, each of said receptacles (i.e. drop off collection containers and/or collection trailers) shall be kept and maintained in such a manner as to always keep and maintain that items intended for deposit within the same within the collection container and/or trailer, and to further maintain the same in a manner to not be violative of the city nuisance ordinances including, but not being limited to, Chapter 91 of this Code of Ordinances.

   (D)   While division (A) of this section shall be subject to the provisions of this chapter regarding non-conforming uses, divisions (B) and (C) of this section regarding the regulation of the same and their provision in reference to their maintaining in the same manner so as to not constitute a nuisance shall apply to all drop off collection containers and/or collection receptacles immediately subject to the reasonable notice provision provided in divisions (E) and (F) of this section.

   (E)   Additionally, however, the provisions in reference to regulation in reference to division (B) of this section regarding existing collection containers and/or collection trailers, enforcement remedies regarding potential penalties shall not be pursued as to existing collection containers and/or collection trailers until persons owning and/or having a leasehold interest in the same are sent a 15 day notice in reference to compliance with the regulatory aspects of division (B) of this section.

   (F)   Additionally, the owners and occupants of premises placing and/or allowing said drop off containers and/or drop off trailers to remain on their premises shall advise the Building Inspector upon inquiry by the Building Inspector as to the name, address and phone number of any company, group, organization or individual that has an ownership and/or possessory interest in any collection container and/or collection trailer.

   (G)   Notwithstanding anything else that may suggest to the contrary herein, this amendment to the Zoning Ordinance is not intended to apply and shall not be construed as having any application to garbage containers and/or garbage dumpsters.

(Ord. 2156, passed 12-15-2008)

   (A)   Any lawful use of a building existing at the effective date of this chapter may be continued, even though such use does not conform to the provisions hereof.  If no structural alterations are made, a nonconforming use of a building may be changed to another nonconforming use of the same or of a more restricted classification.  Whenever a nonconforming use has been changed to a more restricted use or to a conforming use, such use shall not thereafter be changed to a less restricted use.  The nonconforming use of a building may be extended throughout those parts thereof which were manifestly arranged or designed for such use at the time of adoption of this chapter.

   (B)   Whenever the use of a building shall become nonconforming through a change in the zoning regulations or in the district boundaries such use may be continued, and if no structural alterations are made, may be changed to another nonconforming use of the same or of a more restricted classification.

   (C)   Whenever a nonconforming use of a building or portion thereof is discontinued for a continuous period of 2 years, any future use of such building or portion thereof shall be in conformity  with the regulations of the district in which the building is located.

   (D)   A nonconforming building which has been damaged by fire, explosion, act of God or the public enemy to the extent of more than 75% of its reproduction value at the time of damage shall not be restored except in conformity with the regulations of the district in which it is located or as provided in  §§ 153.123.  When damaged by less than 75% of its reproduction value, a nonconforming building may be repaired or reconstructed and used as before the time of damage provided such repairs or reconstruction are completed within 1 year of the date of such damage.

   (E)   A nonconforming use in violation of the provisions of the zoning regulations which this chapter supersedes shall not be validated by the adoption of this chapter.

(1963 Code, § 10-16-1)  (Ord. 590, passed 6-26- 1958)

   A nonconforming use of land existing at the effective date of this chapter may be continued; provided, however, that no such nonconforming use of land shall be in any way expanded or extended, either on the same or adjoining property.  If such nonconforming use of land or any portion thereof is discontinued for a continuous period of 1 year or changed, any future use of such land shall be in conformity with the provisions of this chapter. 

(1963 Code, § 10-16-2)  (Ord. 590, passed 6-26- 1958)

   The nonconforming use of land for storage purposes and for advertising signs and billboards located within any R District shall be discontinued within 5 years from the date of approval of this chapter and any such uses of land which become nonconforming by reason of a subsequent change in this chapter shall also be discontinued within 5 years from the date of the change.

(1963 Code, § 10-16-3)  (Ord. 590, passed 6-26- 1958)

   The City of LaSalle Extraterritorial District Area and Zoning Map, approved by the Plan Commission on April 23, 1963, and filed with the City Clerk on April 24, 1963, passed and adopted by the City Council on June 3, 1963, and approved by the Mayor on June 3, 1963, together with Future Land Use Map prepared by Harland Bartholomew and Associates under the direction of the City Plan Commission, which said Plan Commission approved the Map, and Map was filed with the City Clerk on June 26, 1958, be and the same are hereby adopted by the City Council as the official comprehensive plan for the present and future development of the city and territory contiguous to and within 1½ miles thereof.

(1963 Code, § 10-20-1)  (Ord. 657, passed 4-15-1963)

   (A)   All applications for building permits shall be accompanied by accurate plot plans, submitted in duplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of the buildings and accessory buildings then existing and the lines within which the proposed building and structure shall be erected or altered, the existing and intended use of each building or part of building, the number of families or housekeeping units the building is designed to accommodate, and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. A careful record of the original copy of such applications and plats shall be kept in the office of the Building Inspector and the duplicate copy shall be kept at the building at all times during construction.

(1963 Code, § 10-18-1)

   (B)   Any person and/or entity desiring a building permit shall at the time of filing application therefor pay to the city through the office of the Building Inspector a filing fee as provided within the City of LaSalle fee schedule for contractor fees, building permit fees, and building inspection fees as provided within LaSalle City Code § 124.06. Additionally, work contemplated by an allowed building permit shall be completed within six months subsequent to the issuance of the building permit, subject to said six-month period being extended for reasonable time or times for good cause within the appropriate exercise of discretion of the Building Inspector. Subsequent to the expiration of six months, plus whatever additional time may have been allowed within the appropriate discretion of the Building Inspector, a building permit shall expire and be no longer valid.

   (C)   All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey and the lot shall be staked out on the ground before construction is started.

(1963 Code, § 10-18-2)  (Ord. 590, passed 6-26- 1958; Am. Ord. 1891, passed 2-14-2005; Am. Ord. 2640, passed 6-6-2016)

   (A)   When certificates required.  Certificates of occupancy shall be required for any of the following:

      (1)   Occupancy and use of a building hereafter erected or structurally altered.

      (2)   Change in use of an existing building to a use of a different classification.

      (3)   Occupancy and use of vacant land.

      (4)   Change in the use of land to a use of a different classification.

      (5)   Any change in the use of a nonconforming use.  No such occupancy, use or change of use, shall take place until a certificate of occupancy therefor shall have been issued by the Building Inspector.

(1963 Code, § 10-17-1)

   (B)   Certificate for a building.  A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within 3 days after the request for same shall have been made in writing to the Building Inspector after the erection or alteration of such building or part thereof shall have been completed in conformity with the provisions of these regulations.  Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding 6 months, during the completion of alterations or during partial occupancy of a building pending its completion.  Such temporary certificates shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the city relating to the use or occupancy of the premises or any other matter covered by this title, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

(1963 Code, § 10-17-2)

   (C)   Certificate for land.  Certificates of occupancy for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within 3 days after the application has been made; provided, such use is in conformity with the provisions of these regulations.

(1963 Code, § 10-17-3)

   (D)   Record of certificates.

      (1)   A certificate of occupancy shall state that the building or proposed use of a building or land complies with the provisions of these regulations.  A record of all certificates shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected.

      (2)   No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.

(1963 Code, § 10-17-4)

   (E)   Nonconforming uses.  A certificate of occupancy shall be required for all lawful nonconforming uses of land or buildings created by adoption of this chapter. Application for such certificate of occupancy for a nonconforming use shall be filed with the Building Inspector by the owner of the building or land occupied by the nonconforming use within 1 year of the effective date of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy for a lawful nonconforming use, but failure to apply for such certificate of occupancy for a nonconforming use, or refusal of the Building Inspector to issue a certificate of occupancy for such nonconforming use shall be evidence that the nonconforming use was either illegal or did not lawfully exist on June 26, 1958.

(1963 Code, § 10-17-5)  (Ord. 590, passed 6-26- 1958)

   (A)   It shall be the duty of the Building Inspector to enforce this title.

   (B)   Any person who violates, disobeys, omits, neglects, or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter shall, upon conviction, be deemed guilty of a misdemeanor and subject to the penalty provided in § 153.999.

   (C)   (1)   In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, or land is used in violation of this chapter, the city, or any owner or tenant of real property in the same contiguous zoning district as the building or structure in question, in addition to other remedies, may institute any appropriate action or proceeding:

         (a)   To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use.

         (b)   To prevent the occupancy of the building structure or land.

         (c)   To prevent any illegal act, conduct, business or use in or about the premises.

         (d)   To restrain, correct or abate the violation.

      (2)   When any such action is instituted by an owner or tenant, notice of such action shall be served upon the city at the time suit is begun, by serving a copy of the complaint on the chief executive officer of the city, no such action may be maintained until such notice has been given.

   (D)   In any such action or proceeding, the court with jurisdiction thereof has the power and in its discretion may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purposes of this chapter.

   (E)   If a permanent injunction is decreed in any such action or proceeding, the court in its decree may, in its discretion, allow the plaintiff a reasonable sum of money for the services of the plaintiff’s attorney.  This allowance shall be a part of the costs of the litigation assessed against the defendant, and may be recovered as such.

(1963 Code, § 10-19-3)  (Ord. 590, passed 6-26- 1958)

   (A)   Board established; terms; organization. A Board of Appeals is hereby established.  The word BOARD when used in this section shall be construed to mean the Board of Appeals.  The Board shall consist of 7 members who shall be freeholders appointed by the Mayor upon approval by the Council.  Not less than 2 members of the Board shall be members of the Plan Commission.  The terms of office of the members of the Board shall be 5 years except that the 7 members first appointed shall serve respectively for terms of 1, 2, 3, 4, 5, 6, and 7 years.  Thereafter as each term expires, the appointment shall be for 5 years.  Vacancies shall be filled for the unexpired term of the member whose place has become vacant by the appointing authority which shall have the power to remove any member of the Board for cause, after notice and hearing.  One of the members of the Board shall be named as Chairperson at the time of the member’s appointment.

(1963 Code, § 2-2-1)

   (B)   Meetings. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.  The Chairperson, or in the Chairperson’s absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses.  All meetings of the Board shall be open to the public.  The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

(1963 Code, § 2-2-2)  (Ord. 590, passed 6-26-1958)

   (A)   (1)   Petitions to the Council for variations or exceptions or appeals may be made by any person or by any officer, department, board, or bureau of the city affected by any decision of the Building Inspector.  The appeal shall be taken within a reasonable time by filing with the Building Inspector and with the Council a notice of appeal, specifying the grounds thereof.  The Building Inspector shall forthwith transmit to the Council all papers constituting the record from which the action appealed from is taken.

      (2)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Council, after notice of appeal shall have been filed with the Building Inspector, that, by reason of the facts stated in the certificate, a stay would, in the Building Inspector’s opinion, cause imminent peril to life or property.  In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Council or by a court of record.

      (3)   The Council shall refer any such petition or appeal to the Board and shall take no action until it has received the report of the Board.  The Board shall hold a public hearing upon each petition or appeal.  Fifteen-days’ notice of the time, place and purpose of such hearing shall be given in the official newspaper.  After the hearing the Board shall make a report to the Council of its findings of fact, its recommendations regarding petition or appeal and the reasons therefor.  If the Board recommends against the granting of such petition or appeal, the order granting such petition or appeal can be adopted only by a favorable 2/3 vote of the members of the Council.

   (B)   The Board shall also hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of the Zoning Code.

   (C)   All appeals and petitions for appeal shall be in writing in duplicate and shall be filed with the Building Inspector or with the City Clerk, who shall present the same to the next regular meeting of the City Council.  A fee of $100 shall be paid at the time such petition or appeal is filed.  The Council may at its discretion and upon request of the petitioner waive or reimburse this fee.

   (D)   For purposes of defining the term appeal, in connection with the jurisdiction of the Zoning Board of Appeals herein, appeal is specifically defined as an appeal from any order, requirement, decision, or determination made by the Building Inspector of the city. The Zoning Board of Appeals shall also consider requests for exceptions and variations to the zoning ordinance as provided in the zoning ordinance.

(1963 Code, § 2-2-3)  (Ord. 590, passed 6-26-1958; Ord. 701, passed 1-24-1966; Am. Ord. 1258, passed 6-25-1990; Am. Ord. 1277, passed 1-7-1991; Am. Ord. 1350, passed 11-17-1992)

   The Council may authorize, by ordinance and after hearing and report by the Board, the following exceptions to the terms of this Zoning Code:

   (A)   Permit the extension of a district where the boundary line of a district divides a lot in a single ownership at the time of the adoption of the Zoning Code.

   (B)   Interpret the provisions of the Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts adopted by reference and made a part of the Zoning Code where the street layout actually on the ground varies from the street layout as shown on the map.

   (C)   Permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the Council determines reasonably necessary for the public convenience or welfare.

   (D)   Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 60% of its reproduction value, where the Council finds some necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

   (E)   Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

   (F)   Permit an off-street parking area in an R-4 District where this would relieve traffic congestion on the streets; provided, such parking area conforms to the following conditions:

      (1)   The entire area is located within 200 feet of a C-1, C-2, or C-3 District, exclusive of any publicly dedicated right-of-way.

      (2)   The area shall be used exclusively for the parking of vehicles belonging to invitees of the owner or lessee of the lot.

      (3)   Walls, fencing, or planting shall be provided to protect and be in harmony with surrounding residential property.

      (4)   The parking area shall not include any required front yard in the district in which it is located.

      (5)   All driveways and the area used for parking spaces shall be properly drained and surfaced with a hard, durable, dustproof material and plans and specifications for same, together with the locations of entrances and exits, shall be approved by the Engineer.

      (6)   The area shall conform to such other reasonable requirements as the Council may require for the protection of surrounding property, persons, and residential values.

   (G)   To determine whether an industry should be permitted within the M-1 Light Industrial and the M-2 Heavy Industrial Districts because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.

   (H)   Permit any construction or occupancy permit to be issued in an AG-1 Agricultural District for any of the following uses:

      (1)   Filtration plant;

      (2)   Pumping station;

      (3)   Water reservoir;

      (4)   Sewage treatment plant;

      (5)   Police station;

      (6)   Fire station;

      (7)   Sanitary landfill;

      (8)   Telephone exchange;

      (9)   Electric sub-station;

      (10)   Fair grounds;

      (11)   Gun club if located not nearer than 1,000 feet to any residence other than that of the owner or lessee of the site.

      (12)   Hospital or institution of an educational, religious, charitable, or philanthropic nature, other than those specifically permitted in § 153.024 of this chapter provided that it be located on a site which contain at least 5 acres and provided that such buildings shall not occupy more than 30% of the total area of the lot;

      (13)   Commercial feed lot;

      (14)   Cemetery;

      (15)   Mines:

         (a)   Mine;

         (b)   Open cut mine;

         (c)   Pit mines;

      (16)   Explosives.

(1963 Code, § 2-2-4) (Ord. 590, passed 6-26-1958; Am. Ord. 656, passed 6-3-1963)

   The City Council may authorize by ordinance, after a public hearing and a report by the Board, a variation in the strict application of the terms of the ordinance in harmony with its general purpose and intent in cases where there are practical difficulties or particular hardships in carrying out the strict letter of any of those regulations relating to the use, construction, or alteration of buildings or structures or the uses of land.

(1963 Code, § 2-2-5)  (Ord. 590, passed 6-26-1958; Am. Ord. 1350, passed 11-17-1992)

   (A)   The Council may, from time to time, on its own motion or on petition, amend, supplement or change by ordinance the regulations and districts herein or subsequently established, but no such amendments shall be made without a public hearing before the Plan Commission and its report to the Council.  Notice of the time, place, and purpose of the hearing shall be given as required by law.  In the case of written protest against any proposed amendment, under the conditions specified in ILCS Ch. 65, Act 5, § 11-13-14, the amendment shall not be passed except by a favorable vote of 2/3 of the Council.

   (B)   All petitions praying for a change, amendment or supplement of the established zoning districts of the city and regulations connected therewith shall be filed by the person requesting such action and such petition shall contain the street address of the petitioner, and lot number of any real estate owned by the owner adjacent to the area proposed to be changed and shall also contain an accurate legal description of the district or part of districts proposed to be so altered.  Such petition shall also recite facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this title and shall further disclose the purpose for which such property is sought to be used.

   (C)   A petition for a change in the regulations or districts herein or subsequently established shall be filed with the City Clerk in duplicate.  A fee of $100 shall be paid at the time of filing to cover the cost of publication of notice of hearing on said petition and other costs incidental to such hearing. The Council may at its discretion and upon request of the petitioner waive or reimburse this fee.

   (D)   Provided, however, that if any such development plan shall be designed or intended for multiple-family dwelling use, involving more than 50 dwelling units, the requirements of §§ 153.001 through 153.127 with respect to lot area per family may be waived, and the plan approved without respect to lot area per family.

(1963 Code, § 10-19-2)  (Ord. 590, passed 6-26- 1958; Am. Ord. 701, passed 1-24-1966; Am. Ord. 790, passed 6-22-1970; Am. Ord. 1258, passed 6-25-1990; Am. Ord. 1277, passed 1-7-1991; Am. Ord. 1350, passed 11-17-1992)

   (A)   This subchapter shall be known, referred to and titled as the Land Subdivision Ordinance of the City of LaSalle.

   (B)   This subchapter is hereby made a part of the official plan of the city and is to provide for the harmonious development of the city and its environs, for the coordination of streets within subdivisions with other existing or planned streets or with other features of the official plan, for adequate open spaces for traffic, schools, recreation, light and air, and for a distribution of population and traffic which will tend to create conditions favorable to health, safety, convenience or prosperity.

(Ord. A-590, passed 9-15-1958)

   For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   COMMISSION.  The City Planning Commission of LaSalle.

   FINAL PLAT.  The drawings and documents described in § 153.150(A) and § 153.151(B).

   MAJOR STREET.  A street shown on the major street plan, a part of the official plan.

   PRELIMINARY PLAN  The drawings and documents described in § 153.149(A).

   SUBDIVISION OF LAND. Regarding any prospective division of land, a SUBDIVISION OF LAND is the division of land into 2 or more lots, parcels or tracts of 5 acres or less in area; and/or the division of land involving the dedication of any additional streets, ways, utilities, or other areas for use of the public. Any sale and/or transfer of any kind involving a division of land by metes and bounds as defined in the preceding portion of this paragraph shall constitute a SUBDIVISION OF LAND and require, prior to any sale and/or transfer and before the delivery of a deed, the submission of a plat as required by law and by this chapter; provided, however, that the sale or exchange of parcels of land to or between adjoining property owners, where such sale or exchange does not create additional lots, shall not be considered as a subdivision of land, and provided further, that a contract of sale requiring conformity with this subchapter may be entered into, and further provided that the subdivision of small subdivisions of land as said term shall be defined herein may, subject to the provisions provided herein, be allowed and approved, pursuant to § 153.152 herein as shall be provided within said section. A SMALL SUBDIVISION OF LAND for purposes of this chapter shall be defined as follows:

      SMALL SUBDIVISION OF LAND. Any subdivision of land of less than 5 acres, also containing not more than 5 lots, and fronting on an existing improved street, and not involving any new street or road, and not adversely affecting the development of the remainder of the parcel or adjoining property, and not involving any new utilities and/or movement of any utilities, and not requiring any public improvements.

(Ord. A-590, passed 9-15-1958; Am. Ord. 2550, passed 3-10-2015)

   (A)   Plat, when required.  It shall be unlawful for the owner, agent or person having control of any land within the corporate limits of the city or within 1½ miles of the its corporate limits, to subdivide or lay out such land into lots, blocks, streets, avenues, alleys, public ways, and grounds, unless by plat in accordance with the laws of the State of Illinois and the provisions of this ordinance.

   (B)   Preliminary plan to be approved.  A preliminary plan shall first be submitted to the Commission for its consideration as hereinafter provided.  The commission shall report its findings and recommendations in writing to the Council for its consideration and approval or disapproval.  The design and layout of all subdivisions shall conform to the requirements of § 153.148.  The subdivider shall submit a preliminary plan to the Commission prepared  in accordance with the specifications of § 153.149.

   (C)   Requisites for approval.

      (1)   Following approval of the preliminary plan by the Commission and the Council, the subdivider shall:

         (a)   Install the required improvements and;

         (b)   Furnish a bond for such installation and;

         (c)   Agree to an assessment guaranteeing such installations, all in accordance with  with the requirements of § 153.150.

      (2)   Upon approval of the improvements, installations or arrangements therefore, the final plat  may be submitted in accordance with the provisions of § 153.151.  The final plat shall conform to the requirements of § 153.151.

      (3)   No plat or replat shall be filed for record or recorded in the office of the Recorder of Deeds of LaSalle County, Illinois unless and until the approval of the Council is endorsed thereon by the City Clerk, and no lot shall be sold from such plat or replat unless and until approved by the Council and filed for record in the office of the Recorder of Deeds of LaSalle County, Illinois as herein provided.

(Ord. A-590, passed 9-15-1958)

   (A)   Relations to adjoining street system.  The arrangement of streets in new subdivisions shall make provision for the continuation of the existing streets in adjoining areas (or their proper projections where adjoining land is not subdivided) insofar as they may be deemed necessary for public requirements.  The width of such streets in new subdivisions shall not be less than the minimum widths established herein.  The street and alley arrangements shall not be such as to crate hardship for owners of adjoining property in platting their own land and providing convenient access to it.  Off-set streets shall be avoided.  The angle of intersection between minor streets and major streets shall not vary by more than 10 degrees from a right angle. Streets obviously in alignment with existing streets shall bear the names of the existing streets.  Proposed street names that are in conflict with existing street names shall not be approved.

   (B)   Street and alley width.

      (1)   The widths and locations of major streets shall conform to the widths and locations designated on the major street plan.

      (2)   The minimum width for major streets shall be 50 feet.  When streets adjoin subdivided property, a half street at least 30 feet in width may be dedicated, and whenever subdivided property adjoins a half street the remainder of streets shall be dedicated.

      (3)   Alleys shall not be provided in a residential block.  Alleys are required in the rear of all business lots and shall be at least 20 feet wide.

   (C)   Easements.  Easements of at least 5 feet in width shall not be provided and dedicated on each side of all rear lot lines and along side lot lines, where necessary for poles, wires, conduits, storm and sanitary sewers, gas water or other mains.  Basements of greater width may be required along or across lots where necessary for the extension of main sewers of other utilities or where both water and sewer lines are located in the same easement.

   (D)   Blocks.

      (1)   No block shall be longer than 1,200 feet or shorter than 500 feet  between cross streets. Blocks over 1,000 feet in length shall have a cross-walk with a right-of-way of at least 10 feet in width near the center of the block.

      (2)   In platting residential lots containing less than 15,000 square feet, the depth of the block shall be between 200 feet and 300 feet.

      (3)   Subdivisions need not follow normal street arrangement. Courts, dead end streets, or other arrangements, may be provided if proper access  is given to all lots from a dedicated street or court.  All dead end streets shall terminate in a dedicated street space having a minimum radius  of 50 feet.  Dead end street shall not exceed 1,000 feet in length.

   (E)   Lots.

      (1)   The lot arrangement and design shall be such that all lots will provide satisfactory and desirable building site, properly related to topography  and the character of the surrounding development.

      (2)   All side lines of lots shall be at right angles to straight street lines and radial to curved street lines except where a variation of this rule will provide a better street and lot layout.  Lots with double frontage shall be avoided.

      (3)   No lot shall have a depth of less than 100 feet or a depth in excess of 3 times its width.  No lot shall have an area or width less than that required by any zoning ordinance adopted as part of the official plan.

      (4)   Corner lots shall have extra width sufficient to permit the establishment of front building lines on both the adjoining streets.

      (5)   Lots fronting on major street intersections and acute angle intersections of less than 85 degrees shall have a radius of 20 feet at the street corner.  On business lots a chord may be substituted for the circular arc.

   (F)   Building lines.  Street set back building lines conforming with zoning regulations or the standards of the official plan shall be shown on all lots.

   (G)   Maintenance of improvements outside corporate limits.  Where a subdivision outside the corporate limits  contains sewers, sewage treatment plants, water supply systems, park areas, street trees or other physical facilities necessary or desirable for the welfare of the area and which are of common use or benefit and which the city does not desire to, or cannot maintain, provision shall be made by trust agreements made a part of the deed restrictions acceptable to the city, for the proper and continuous maintenance and supervision of facilities by the lot owners in the subdivision.

   (H)   Parks, schools sites, etc.

      (1)   Where an area being subdivided includes lands proposed to be used for parks or schools, under the duly adopted official plan of the city, the subdivider shall dedicate such lands to the proper public agency as a part of subdivision plat; provided, however, that such dedication need not exceed 7½% of the total area of the subdivision plat.  Where such land exceed 7½% of the total area of the subdivision plat, the part of such lands in excess of 7½% of the total area shall also be shown on the plat and arrangements made for purchase of such lands by the proper public agency in a period of not less than 3 years from the date of approval of the plat, said purchase to be consummated within 3 years from the date approval of final plat.

      (2)   Where less than 7½% of an area being subdivided consists of land proposed for parks or schools under the official plan, the subdivider shall dedicate any lands so proposed and pay the city a sum of money so that either or both the dedication and the payment equal 7½% of the appraised value of the land before it is subdivided.  Sums so received shall be placed in a special fund to be known as the Subdivision Park and School Site Purchase Fund and used by the Council solely for purchase of land for parks or schools in accordance with the official plan and after receipt of recommendations of the Commission.  Value of the land shall be made by 3 qualified appraisers, 1 of whom shall be appointed by the Council, 1 of whom shall be appointed by the subdivider and 1 of whom shall be mutually agreed upon by the 2 appraisers named above.  The subdivider may agree with the city on an installment method of payment based on the sale of the lots.

   (I)   Easements along streams.  Whenever any stream or important surface drainage course is located in any area which is being subdivided, the subdivider may provide an adequate easement as determined by the City Engineer along each side of the stream for the purpose of widening, deepening, sloping, improving or protecting the stream.

(Ord. A-590, passed 9-15-1958)

   (A)   Preliminary, where filed, exception.  Any person proposing to subdivide land shall file 3 copies of a preliminary sketch plan of such proposed plat with the City Attorney.  The preliminary sketch plan shall be accompanied by a filing fee of $1 for each lot within the proposed subdivision, providing that the subdivision does not consist of less than 10 lots in which case a minimum filing fee of $10 shall be required.  Hearing on such proposal shall be had before the Commission at its first regular meeting following the filing, provided only that notice of the consideration of such plan and the time and place of hearing shall be given to all interested persons as hereinafter provided.  Plats containing 3 lots or less and not more than 1 acre may be exempted from the provisions of this section, upon application to the Commission.

   (B)   Notice of hearing.  No hearing shall be held by the Commission until notice thereof shall have been given by the City Attorney in behalf of the Commission, by publication of notice of the hearing in the daily newspaper for at least 1 insertion, a week prior to the date of said hearing, and by mailing a notice to the person or persons who filed th preliminary plan to the address set forth in the filing papers.

   (C)   The preliminary plan shall show the following.

      (1)   The location of the present property lines and section lines and streets, buildings, water courses and other existing structures with the area to be subdivided and similar information regarding land immediately adjacent thereto.

      (2)   The proposed location and width of streets, alleys, lots, building and set back lines and easements.

      (3)   Existing sanitary and storm sewers, water drains, culverts, and other underground structures within the tract or on streets immediately abutting thereto; the location and size of the nearest water main and sewer outlet.

      (4)   The title under which the proposed subdivision is to be recorded and the name of the engineer, the registered land surveyor, and the subdivider of the plat.

      (5)   Contours referred to the city datum with 2 feet or less.

      (6)   The north point, scale and date.

      (7)   Plans or written and signed statements setting out the grads or profiles of the streets, the proposed grades and facilities for all required improvements and the subdividers proposal to the city for accomplishing their installation in accordance with § 153.150.

   (D)   Approval or preliminary plan.

      (1)   If, upon hearing, the Commission shall find such proposed plan to satisfy the requirements of this subchapter, it shall approved the plan and recommend final approval by the Council upon complying with the requirements of § 153.150 and submitting a final plan in accordance with § 153.151.

      (2)   If, upon hearing, the Commission shall find that such proposed plan does not satisfy the requirements of this subchapter, it shall specify in writing in the minutes of the hearing such objections as are found to such plan and may recommend the disapproval of such proposed plan, or recommend approval conditioned upon specific changes in the proposed plan, removing such objections and further compliance with § 153.150 and § 153.151.

      (3)   One copy of the proposed plan, together with a copy of the findings of the Commission upon hearing, shall be filed by the Commission with the City Clerk and by the City Clerk submitted to Council as provided in § 153.147(B).  One copy of the proposed plan and findings shall be retained by the Commission and 1 copy and findings shall be given the person offering the proposed plan, together with certificate of approval or disapproval of the Commission, City Engineer and Council.

(Ord. A-590, passed 9-15-1958)

   (A)   Authority to proceed with final plat.  Receipt by the subdivider of the copy of the preliminary plan together with the approval of the Commission, City Engineer and Council, shall constitute authority for the subdivider to proceed with the final plans and specifications for the installation of the required improvements and preparation of the final plat.  Prior to the construction of any required improvements the subdivider shall submit such final plans and specifications to the City Engineer.  If the City Engineer shall find such plans and specifications to be in accordance with applicable policies and standards of the city, he or shall authorize construction and determine the amount of bond, if required.  Following the approval of the City Engineer, construction may be started, the bond filed, and or an assessment provided.

   (B)   Requirements for approval of final plat.  No final or official plat of any subdivision shall be approved unless:

      (1)   The subdivider agrees with the city that the city under the Local Improvement Act may construct improvements listed hereafter and assess the cost thereof against the property benefitted.

      (2)   The improvements listed hereafter have been installed prior to such approval, or

      (3)   The subdivider shall have filed with the Council a surety bond to insure the construction of the improvements listed in this section in a satisfactory manner and within the period specified by the Council, such period not to exceed 2 years.  No such bond shall be accepted unless it be enforceable by  or payable to the city in a sum at least equal to the cost of constructing the improvements as estimated by the City Engineer, and in form with surety and conditions approved by the City Attorney.

   (C)   Installation of part of improvements.  The owner of a tract may prepare and secure approval of preliminary subdivision plan of an entire area and may install the required improvements only in a portion of such area, but the improvements must be installed or provision for their installation in any portion of the area for which a final plat is approved for recording; provided, however, that water mains, storm sewers, trunk sewers and any sewage treatment plants shall be designed and built to  serve the entire area planned by the subdivider or designed and built in such manner that they can easily be expanded or intended to serve the entire area; and provided further that the requirements of division (H) have been met.

   (D)   Survey monuments.  All subdivision boundary corners and the centers of all street intersections shall be marked with permanent survey monuments.  All points of tangency and points of curvature of all curves shall be marked with permanent monuments.  A permanent monument  shall be deemed to be concrete with brass rod center at least 8 inches  long with a minimum dimension of 4 inches extending below the frost line. Should conditions prohibit the placing of monuments on the line, off-set markings will be permitted, provided, however, the exact off-set courses and distances are shown on the subdivision plat. Iron pipes or steel rods shall be set at all lot corners.

   (E)   Street improvements.  All street and public ways shall be graded the their full width, including side slopes, and to the appropriate grad and shall be surfaced in accordance with applicable standard specifications of the city.  Such construction shall be subject to inspection and approval by the City Engineer.

   (F)   Sidewalks.  Concrete sidewalks shall be constructed along at least 1 side of every street shown on the plat in accordance with applicable standard specifications of the city, except that concrete sidewalks shall be constructed along both sides of all major streets; and provided, however, that where the property is platted in lots having an area of at least 20,000 square feet and a width of at least 100 feet, the Council may waive those requirements.  Location of all sidewalks shall be shown on final plats.

   (G)   Water lines.  Where a pubic water supply approved by the city is reasonably accessible, each lot within the subdivision area shall be provided with a connection to such water supply, the water to terminate not less than 2 feet inside of curb line or easement line.  Fire hydrants shall also be installed in all subdivisions, with a maximum spacing of 600 feet.  In proposed subdivisions outside the city limits, pending availability of a public water supply, the subdivider may be required to construct wells or a private water supply system in such a manner that an adequate supply of potable water will be available to every lot in the subdivision at the time improvements are erected thereon. The information furnished and approval of the same shall comply with the requirements of the State Health Department.  The water supply system shall be constructed under the direction and control of, and all construction shall be subject to the approval of, the City Engineer.

   (H)   Sanitary systems.

      (1)   In all areas where a public sanitary sewer is reasonably accessible, each lot within the subdivided area shall be provided with a connection to the sanitary sewer, said sewer connection to terminate not less than 2 feet inside curb line or easement line.  All connections to a city sewer system and the subdivision sewer system shall comply with the ordinances of the city pertaining to sewers and all construction shall be subject to the approval of the City Engineer of the municipality involved.

      (2)   In proposed subdivisions beyond the city limits in which the lots are less than 1 acre in area, where a public sanitary sewer is not reasonably accessible but where plans for the installation of sanitary sewers in the vicinity of the subdivision to install sewers in conformity with such plan. In such cases, until a connection can be made with the public sewer system, the use of a sewage treatment plant will be permitted, provided such disposal facilities are constructed in accordance with the ordinances of the city pertaining to sanitary sewage disposal.

      (3)   In proposed subdivisions in which the lots are less than 1 acre in area where sewers are not accessible and no plans for sewers have been prepared, the subdivider may be required to install sewer lines and a disposal system in accordance with the requirements of division (H)(2), or if the subdivision has been platted in to lots having a minimum width of 100 feet and an average area of 20,000 square feet or more, he or she may install individual disposal devices for each lot at the time improvements are erected thereon. However, if the subdivider shall decide to provide individual aeration septic systems on each individual lot, then the subdivision may be platted in to lots having a minimum width of 100 feet and an average area of 15,000 or more. All such individual sewage disposal systems shall be constructed in accordance with regulations and requirements of the State Health Department and under the direction and control of and approval of the City Plumbing Inspector.

(Am. Ord. 944, passed 8-21-1978)

   (I)   Drainage.  The plat shall be laid out so as to provide proper drainage of the area being subdivided. Drainage improvements shall maintain any natural water-course and shall prevent the collection of water in any low spot.  A storm sewer system, approved by the City Engineer shall be provided.

(Ord. A-590, passed 9-15-1958)

   (A)   Final plat, submit to Council.

      (1)   The final plat shall consist of an accurate map or plat designating specifically the land so laid out and particularly describing the lots, blocks, streets avenues, alleys, public ways or other portions of the same intended to be dedicated for public use or for the use of the purchasers or owners of lots fronting thereon or adjacent thereto.

      (2)   The final plat on tracing cloth and 5 prints thereof together with copies of any deed restrictions where such restrictions are too lengthy to be shown on the plat, shall be submitted to the Commission.  The final plat shall be drawn to a scale not more than 100 feet to the inch from an accurate survey and on 1 or more sheets whose maximum dimensions shall not exceed 24 inches by 36 inches. If more than 2 sheets are required, an index sheet of the same dimensions shall be filed showing the entire subdivision on 1 sheet and the component areas shown on other sheets.

      (3)   When the final plat conforms to the approved preliminary plan and the requirements of § 153.150 and other requirements have been accomplished, certification of this effect endorsed on the final plat by the Chairperson of the Commission and the final plat submitted to the Council for its approval or disapproval.  Where the plat does not conform to the approved preliminary plan, the Commission shall submit its recommendations to the Council for approval or disapproval on the final plat.  The Council shall not disapprove any plat which is basically in accord with the pre-approved preliminary plan for the same subdivision.

   (B)   Information required.  The final plat and accompanying documents shall show:

      (1)   The boundary lines of the area being subdivided with accurate distances and angles.  The corresponding legal description of the property being subdivided shall be shown on the plat, or an the accompanying certificate.

      (2)   The lines of all proposed streets and alleys and their widths.

      (3)   The accurate outline of any portions of the property intended to be dedicated or granted of public use.

      (4)   The line of departure of 1 street from another.

      (5)   The lines of all adjoining property an the adjoining streets with their widths and names.

      (6)   All lots shall be designated by numbers or letters and streets, avenues and other grounds by letters or numbers.

      (7)   The location of all easements provided for public use, services or utilities.

      (8)   All  dimensions, both linear and angular, necessary for locating the boundaries of the subdivisions, lots, streets, alleys, easements, and other areas for public or private use.  Linear dimensions are to be give to the nearest 1/100 of a foot.

      (9)   The radii, arcs or chords, points of tangency and center angles for a curvilinear streets and radii and rounded corners.

      (10)   The location of all survey monuments and their descriptions.

      (11)   The name of the subdivision and the scale of the plat, points of the compass, the name of the owner, owners or subdividers.

      (12)   The certificate of a registered Illinois Land Surveyor attesting the accuracy of the survey and the correct location of all monuments shown.

      (13)   Private restrictions and trusteeships and their periods of existence.  Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat.

      (14)   Calculations showing the error of linear closure which error shall in no case be greater than 1 in 5,000.

      (15)   Acknowledgement of the owner or owners to the plat, and restrictions including dedication to public use of all streets, alleys, parks or other open spaces shown thereon and the granting of easements required.

      (16)   Certificate of approval by the Council for endorsement by the City Clerk.

   (C)   Acknowledgments.  Such plat and any accompanying documents shall be signed and acknowledged by the owner or owners of the land subdivided in the same manner and form as the acknowledgement of a deed conveying real estate, before some officer authorized to take the acknowledgement of deeds and shall contain a dedication of the streets, alleys and public grounds therein to th use and benefit of the public.

   (D)   Surveyor’s certificate.  The plat shall have appended thereto a survey mad by a Registered Illinois Land Surveyor, with a certificate attached certifying that he or she has accurately surveyed such subdivision and attested to the accuracy of the survey and the correct location of all monuments shown, and that the lots, blocks, streets, avenues, alleys, public ways and grounds, and other grounds are well and accurately staked off and marked.

   (E)   Approved plat filed with Recorder of Deeds. When such map or plat is so prepared, acknowledged  and certified, and has been approved by the Council, the same shall be filed and recorded in the office the Recorder of Deeds, LaSalle County, Illinois, and thereupon such plat shall be equivalent to and operate as a deed in fee simple to the city from the owner of all streets, avenues, alleys, public ways and grounds and of such portions of lands as therein are set apart for public and city use.

(Ord. A-590, passed 9-15-1958)

   (A)   Expedited procedure in the event of certain small subdivisions of land.

      (1)   Whenever the tract of land to be subdivided complies with the definition of a SMALL SUBDIVISION as defined within § 153.146 of this chapter, as determined by the joint decision of the City of LaSalle City Engineer and Building Inspector, then a preliminary and final plat of said small subdivision may be approved by the city by the joint approval of the city’s Building Inspector and City Engineer subject to final approval by the City Council without the necessity of a hearing before the city’s Planning Commission in such a small subdivision. Additionally, regarding a subdivision that meets the requirements of constituting a small subdivision in the appropriate exercise of the joint discretion of the Building Inspector and City Engineer of the city, further provided that said subdivision contains a division into not more than three 3 lots, the requirement of a formal “plat of subdivision” may be waived and excepted provided that in lieu of a formal “plat of subdivision” there shall be a land survey certified by a registered land surveyor clearly delineating the corners of all lots and further staking the corners of all of said lots by the initial joint approval of the Building Inspector and City Engineer and subject to the final approval of the City Council also without the necessity of a Planning Commission hearing.

      (2)   In the event that an applicant shall not obtain approval of a subdivision of land through this expedited process within 30 days of the submission of an application for approval, the applicant and/or proponent of a proposed small subdivision of land may request a hearing regarding consideration of approval of said plat of subdivision before the city’s Planning Commission and for eventual consideration of said request for approval by the City Council, subject to all appropriate lawful provisions of the city ordinances and state law.

   (B)   Additional exceptions. Whenever the tract of land in connection with any proposed subdivision of land is of such unusual size or shape or surrounded by such development or unusual conditions that the strict application of the requirements contained within this City of LaSalle Subdivision Subchapter would result in real difficulties or substantial hardship or injustice, the Council, after report by the Commission, may accept, modify and/or waive such requirements so that the subdivider may develop his, her or its property in a reasonable manner but so that at the same time, the public welfare and interests of the city and surrounding area are protected and the general intent and spirit of the Subdivision Subchapter of the City of LaSalle Ordinances is preserved. It is additionally expressly provided that in the further event that a subdivision of land suggested to potentially comply with the provisions of a small subdivision into not more than 3 lots has not otherwise been approved as provided in division (A) of this section, a waiver and/or exception as provided by this division (B) may be considered by the City of LaSalle Planning Commission and the City Council and can also include a waiver of a formal plat of subdivision provided that the subdivision meets the definition and criteria as set forth above in § 153.146 as a small subdivision of land, and further provided that the division of land is into not more than 3 lots.

(Ord. A-590, passed 9-15-1958; Am. Ord. 2550, passed 3-10-2015)

   Planned developments are intended to allow greater design flexibility than is permitted by the standard district regulations. A planned development can best adapt to the topography and other natural characteristics of a given site and result in a more economical and stable development. It is intended that these regulations will encourage and facilitate development which is consistent with the spirit and intent of this subchapter, be in conformity with the general character of the city and have a beneficial effect upon the health, safety, general welfare and stability of the city and its immediate environs than would develop under strict conformity with district regulations. Under certain conditions the permitted uses in district may be increased. Planned developments are of such substantially different character from other conditional uses that the following standards are established to guard against use of the planned development technique solely as a means of intensifying the use of land, and to provide flexibility that will stimulate sound and imaginative design.

(Ord. 1959, passed 5-22-2006)

   In addition to the general purpose of this subchapter, the purpose of these provisions is to establish standards and procedures for planned unit developments and is included in the Zoning and Subdivision Codes in order to achieve the following purposes:

   (A)   Encourage more creative design and development of land.

   (B)   Promote variety in the physical development pattern of the city.

   (C)   Provide flexibility in the development of land and in the design of structures located on the land, and permit planned diversification in the location of such structures that might not otherwise be achieved due to the strict applications of the Zoning Code.

   (D)   Diversification in the uses permitted and variation in the relationship of uses, structures, open spaces and heights of structures in developments conceived as cohesive unified projects.

   (E)   Provide for functional, aesthetic and beneficial uses of open areas. Preservation of natural features of the city.  Preserving natural vegetation areas, topography and geologic features by using a creative and efficient use of land.

   (F)   Provide means for greater creativity and flexibility in environmental design than is provided under strict application of the requirements of other zoning districts, while at the same time preserving the health, safety, order, convenience, prosperity and general welfare of the city and its residents.

   (G)   Allow flexibility in development of land as necessary to meet changes in technology and demand what will be in the best interest of and consistent with the general intent of the comprehensive guide plan of the city.

   (H)   Provide for the more efficient allocation and maintenance by private initiative of useable open space to all residential and commercial areas and to allow the most efficient use of public facilities and land in keeping with the best interests of the city.

   (I)   To provide and allow for the development of property as condominiums amongst other types of appropriate development.

(Ord. 1959, passed 5-22-2006)

   The design features and standards of development within each planned unit development shall, in addition to the regulations set forth within this subchapter, conform to a development plan, including details and specifications as may be required, which is reviewed by the Planning Commission with a recommendation to the Council and approved by the City Council. It is contemplated that planned unit developments will include modifications from otherwise existing zoning and subdivision requirements, and it is contemplated that in connection with the concept of planned unit developments, planned unit developments may be approved notwithstanding that the development would not otherwise be in conformance with the Zoning and/or Subdivision Code but for the developments approval as a planned unit development consistent with the terms and provisions set forth herein. The development plan shall include, as a minimum, the following:

   (A)   A written statement justifying the need for a planned development.

   (B)   *An accurate topographic and boundary line map of the project area and a location map showing its relationship to surrounding properties.

   (C)   *The pattern of public and private roads, driveways and parking facilities, and intended design standards. A traffic impact study may be required.

   (D)   *The size, arrangement and location of lots or of proposed building groups.

   (E)   Location, type and size of proposed landscaping.

   (F)   *The use, type, size and location of structures.

   (G)   The location of sewer and water facilities, and an analysis of the impact of the development upon the capacities of adjoining systems and upon treatment and supply facilities.

   (H)   The location of recreational and open space areas and areas reserved or dedicated for outdoor public uses such as school, park, etc., and open space to be owned and maintained by a property owner’s association.

   (I)   Existing topography and storm drainage pattern and proposed storm drainage system showing basic topographic changes. Computations relating to storm water runoff and detention and retention are required and shall be submitted to the City Engineer.

   (J)   *Statistical date on total size of project area, area of useable open space, density computations and proposed number of residential units by type and other similar data pertinent to a comprehensive evaluation of the proposed development. Such data will also present the allowable density on the property under its existing underlying zone classification.

(Ord. 1959, passed 5-22-2006)

   Pre-petition conference. Prior to official submittal of a petition for consideration of the planned development district, the petitioner shall meet with the city, including, but not limited to, the City Engineer and Building Inspector for a preliminary discussion as to the scope and nature of the proposed development.

   (A)   Following the preliminary consultation with the city staff, petition may be made to the City Council by the owner, or his agent, for the approval of a specific project plan under the provisions of these regulations, and for the application to the project area of the planned unit development.

   (B)   A copy of such application shall upon initial presentation by the City Clerk to the City Council be referred to the Planning Commission with a request to hold a public hearing. Such public hearing shall be held upon public notice and consistent with the other requirements of the Illinois Compiled Statutes.

   (C)   Upon filing such an application, the petitioner shall submit sufficient copies as determined by the City Engineer of those items specified in § 153.162, which are designated with an asterisk.

   (D)   Following review of these preliminary materials, the Planning Commission may suggest modifications to the plans prior to the public hearing and prior to requiring the submittal of the balance of the supporting documents specified in § 153.162.

   (E)   Following preliminary meetings with the petitioner and publication as required hereunder and pursuant to law, the Planning Commission shall hold the required public hearing. Within 45 days following the conclusion of the public hearing, which may be extended and recessed and take place on more than 1 occasion prior to being finally concluded, the Planning Commission shall forward their recommendations to the City Council.

   (F)   The City Council, upon report of the Planning Commission, and without the necessity of further public hearing, may, at a public meeting, grant or reject an amendment and petition for approval of a preliminary plan for a planned unit development district, or it may refer the matter back to the Planning Commission for further consideration consistent with such recommendations and/or other comments as the City Council within its discretion deems appropriate in the circumstances. Additionally, the City Council as a part and condition of its approval of any preliminary plan regarding any planned unit development may within its discretion require the developer to provide assurances to the city to guarantee the implementation of the development according to the terms and conditions established as a part of the development plan and/or may require the developer to enter into a contract with the city regarding guaranteeing and providing for the implementation of the development plan; the assurances and/or contract provisions may include within the discretion of the Council but need not be limited to covering the following aspects of the planned development: use, standards and design of the project in confirmation with submitted documents; the timing and phasing of the project, it being contemplated that planned unit developments may be allowed to proceed in phases; the method guaranteeing the preservation of open space; the method and procedure for payment of annexation, utility and other city fees; the completion of required infrastructure improvements as contemplated by the proposed plan; bond requirements, if any, may within the discretion of the Council be imposed regarding providing assurance as to the completion of the plan; and conditions under which the plan, and if there is an agreement in reference to implementation of the plan, the contract may be terminated in the event of non-performance.

   (G)   In the case of a written protest against any petition for approval of preliminary plan of planned unit development petition and amendment is made by the required number of persons as indicated within the Illinois Consolidated Statutes, ILCS Ch. 65, Act 5, § 11-13-14 in reference to objections by owners of frontage property, specifically including written protests signed and acknowledged by owners of 20% of the frontage proposed to be altered or by the owners of 20% of the frontage immediately adjoining or by owners of 20% of the frontage directly opposite the frontage to be altered, is filed with the City Clerk and is otherwise in compliance with the provisions of the Illinois Consolidated Statutes in reference to such protests, the amendment shall not be passed except on the favorable vote of 2/3 of all members of all Aldermen then holding office.

   (H)   Failure to comply with the conditions and regulations as herein established and as specifically made applicable pursuant to any approval of a preliminary plan in regard to a planned unit development, shall be cause for termination of the approval of said planned unit development. At least 15 days notice shall be given to the developer to appear before the Planning Commission at a hearing of the Planning Commission which shall also be published in reference to notice at least 15 days in advance of said meeting to answer any charge of non-compliance. In the event the Planning Commission should find the charges substantiated, the Planning Commission may recommend such termination of the project approval by the City Council if the situation is not satisfactorily cured within a reasonable period set forth by the Planning Commission.

(Ord. 1959, passed 5-22-2006)

   Any subsequent change or addition to an approved preliminary plan of a planned unit development shall first be submitted for review by the Planning Commission. A public hearing shall be held by the Planning Commission on appropriate notice. Following the public hearing, the Planning Commission shall make and forward recommendations to the City Council, and thereafter the City Council shall approve, approve conditionally or disapprove the proposed changes and/or may refer the matter back to the Planning Commission for further consideration pursuant to appropriate recommendations and comments as the City Council may, within its discretion, make in the circumstances.

(Ord. 1959, passed 5-22-2006)

   (A)   No final or official plan of any planned unit development shall be approved unless the following provisions are complied with: that the improvements provided for in reference to the preliminary plan and the approval thereof, have been installed prior to request for approval of the final plan of planned unit development; or that the developer shall have filed with the City Council a bond with surety deemed sufficient by the City Council, within the discretion of the City Council, to ensure the construction of the improvements listed in this section in a satisfactory manner and within the period specified by this Council, or in the event the Council should not specify a specific period, for a period not to exceed 2 years. No such bond shall be accepted unless it is enforceable by or payable to the city in a sum at least equal to the cost of constructing the improvements as estimated by the City Engineer and in form with surety and conditions approved by the City Attorney, the subdivider by having requested and secured approval of any preliminary plan of planned unit development shall by acceptance of the benefits of said approval be deemed to have agreed with the city that the city under the Local Improvement Act may construct improvements not appropriately and timely completed by the developer and assess the cost thereof against the developer and the premises benefited.

   (B)   The final plan of planned unit development and accompanying documents shall also show all requirements as indicated in reference to final plats of subdivisions as set forth within Ordinance Number A-590 with the exception of any items therein that as indicated within the preliminary plan approval would not be required of the planned unit development under consideration.

   (C)   In the event that the proposed final plan of the planned unit development conforms to the approved preliminary plan of planned unit development, and the other provisions regarding presentation and request for approval of such final plan as provided herein have been accomplished, certification to this effect shall be endorsed on the final plan by the chairman of the Planning Commission and the final plan for approval of planned unit development submitted to the City Council for its approval or disapproval. Where the final plan of planned unit development does not conform substantially to the approved preliminary plan, the proposed final plan of planned unit development shall be resubmitted to the Planning Commission for its recommendation as to the City Council for approval or disapproval of the final plan of planned unit development. The Council shall thereafter consider the recommendations of the Planning Commission and approve the plan, disapprove the plan, or refer the plan back to the Planning Commission with appropriate recommendations and/or comments as the Council within its discretion may deem appropriate in the circumstances. The City Council shall not disapprove any proposed final plan of planned unit development which is basically in accord with the previously approved preliminary plan for the same development.

(Ord. 1959, passed 5-22-2006)

   The approval of a preliminary plan of proposed planned unit development shall require a 2/3 favorable vote of the City Council.

(Ord. 1959, passed 5-22-2006)

   Whenever the premises involved in the plan unit development are of such unusual size or shape or are surrounded by such development or unusual conditions that the strict application of the requirements contained in this subchapter would result in real difficulties or substantial hardship or injustice, the Council, after report by the Planning Commission, may vary or modify such requirement so that the developer may develop the premises in a reasonable manner but so that at the same time, the public welfare and interest of the city and surrounding area are protected and the general intent and spirit of this subchapter preserved.

(Ord. 1959, passed 5-22-2006)

   This subchapter may be enforced by the city pursuant to any remedies provided herein, further pursuant to injunctive relief as provided within the city Zoning Code.  Additionally, any person or entity who violates, disobeys, omits, neglects or refused to comply with or who resists enforcement of any of the provisions of this subchapter, shall upon being found guilty, pay a fine not less than $60 nor more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. This subchapter may be enforced as against developers, owners of premises involved and/or occupiers of premises involved.

(Ord. 1959, passed 5-22-2006)

   Pursuant to the authority conferred by ILCS Ch. 65, Act 5, § 11-125-4 (2010); ILCS Ch. 415, Act 5, § 14.2, and ILCS Ch. 415, Act 5, § 14.3 (2010); and in the interest of securing the public health, safety and welfare; to preserve the quality and quantity of groundwater resources in order to assure a safe and adequate water supply for present and future generations; and to preserve groundwater resources currently in use and those aquifers having a potential for future use as a public water supply, the provisions of this subchapter shall apply to all properties located within the minimum setback zone established under § 14.2 of the Environmental Protection Act, (“Act”) (ILCS Ch. 415, Act 5, § 14.2 (2010)) and this subchapter, and the maximum setback zone established under § 14.3 of the Act (ILCS Ch. 415, Act 5, § 14.3 (2010)) and this subchapter.

(Ord. 2415, passed 1-29-2013)

   Except as stated in this subchapter, and unless a different meaning of a word or term is clear from the context, the definition of words or terms in this subchapter shall be the same as those used in the Act and the Illinois Groundwater Protection Act (ILCS Ch. 415, Act 55, § 1 (2010).

(Ord. 2415, passed 1-29-2013)

   (A)   Except as provided in § 153.183 or § 153.184, no person shall place a new potential primary source, new potential secondary source or new potential route within the minimum setback zone.

   (B)   Except as provided otherwise in § 153.183, no person shall place a new potential primary source within the 1,000 foot maximum setback zone, as more fully described in Appendix A, attached to the ordinance codified herein.

   (C)   Except as provided in § 153.183, no person shall place a new potential route within the 2,500 foot maximum setback zone, as more fully described in Appendix A, attached to the ordinance codified herein.

(Ord. 2415, passed 1-29-2013)  (Penalty, see § 153.999)

   (A)   If, pursuant to ILCS Ch. 415, Act 5, § 14.2(a), the owner of a new potential primary source, new potential secondary source, or new potential route is granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from § 153.182(A).

   (B)   If, pursuant to ILCS Ch. 415, Act 5, § 14.2(c), the owner of a new potential primary source (other than land filling or land treating), new potential secondary source, or new potential route is granted and exception by the Board, such owner shall be deemed to have an exception to the same extent from § 153.182(A).

   (C)   If, pursuant to ILCS Ch. 415, Act 5, § 14.2(c), the owner of a new potential primary source (other than land filling or land treating) is granted an exception by the Board, such owner shall be deemed to have an exception to the same extent from § 153.182(B).

   (D)   If, pursuant to ILCS Ch. 415, Act 5, § 14.5, the owner of a new potential primary source, new potential secondary source, or new potential route is issued a certificate of minimal hazard by the Agency, such owner shall not be subject to § 153.182(A) to the same extent that such owner is not subject to ILCS Ch. 415, Act 5, § 14.2(d).

(Ord. 2415, passed 1-29-2013)

   Section 153.182(A) shall not apply to new common sources of sanitary pollution as specified pursuant to ILCS Ch. 415, Act 5, § 17 and the regulations adopted thereunder by the Agency; however, no such common sources may be located within the applicable minimum distance from a community water supply well specified by such regulations.

(Ord. 2415, passed 1-29-2013)

   For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(Ord. 2717, passed 1-29-2018)

   Personal wireless telecommunication facilities will be permitted to be placed in right-of-way within the jurisdiction of the city as attachments to existing utility poles, alternative antenna structures, or city-owned infrastructure subject to the following regulations:

(Ord. 2717, passed 1-29-2018)

   Permits for placement of personal wireless telecommunication facilities in right-of-way within the city are required. Except as otherwise provided for by this subchapter, the procedures for the application for, approval of, and revocation of such a permit must be in compliance with city permit application requirements in this Code of Ordinances, specifically including Chapter 115: Telecommunications. Any applications must demonstrate compliance with the requirements of this section. Unless otherwise provided by franchise, license, or similar agreement, or federal, state or local law, all applications for permits pursuant to this section must be accompanied by a fee in the amount of no less than $500 dollars. The application fee will reimburse the city for regulatory and administrative costs with respect to the work being performed.

(Ord. 2717, passed 1-29-2018)

   Where the conditions imposed by any provisions of this subchapter regarding the siting and installation of personal wireless telecommunication facilities are more restrictive than comparable conditions imposed elsewhere in any other local law, ordinance, resolution, rule or regulation, the regulations of this subchapter will govern.

(Ord. 2717, passed 1-29-2018)

   (A)   Generally. Whoever violates any provision of this chapter for which another penalty is not specifically provided, shall be fined not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate offense.

   (B)   Injunctive relief.

      (1)   In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of §§ 153.001 through 153.127, the city or any owner or tenant of real property in the same contiguous zoning district as the building or structure in question, in addition to the other remedies, may institute an appropriate action or proceeding:

         (a)   To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance or use.

         (b)   To prevent the occupancy of the building or structure or land.

         (c)   To prevent any illegal act, conduct, business or use in or about the premises, or

         (d)   To restrain, correct or abate the violation.

      (2)   When any such action is instituted by an owner or tenant, notice of such action shall be served upon the municipality at the time thee the suit is begun, by serving a copy of the complaint on the chief executive officer of the municipality, no such action may be maintained until such notice has been given.

      (3)   In any such action or proceeding, the court with jurisdiction thereof has the power and in its discretion may issue a restraining order, or a preliminary injunction, as well as a permanent injunction, upon such terms as under such conditions as will do justice and enforce the purposes of §§ 153.001 through 153.127.

   (C)   (1)   Any person upon whom a duty is placed by the provisions of this § 153.145et seq. who fails, or neglects or refuses to perform such duty or who shall violate any of the provisions of this § 153.145et seq. shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not to exceed $100, and shall stand committed to jail until such fine and costs of prosecution are paid.

      (2)   Each day that a violation of this § 153.145et seq. continues shall be constitute a separate and distinct offense and shall be punishable as such.

   (D)   The penalty for a violation of §§ 153.180 through 153.184 shall upon conviction be fined not less than $60, nor more than $750 for each and every offense and for each day that a violation of §§ 153.180 through 153.184 exists shall constitute a new and independent violation of those sections. Additionally, in addition to other remedies available to the city, the city shall also be entitled to pursue injunctive relief in that a violation of §§ 153.180 through 153.184 is also deemed to be a nuisance potentially endangering the public health, safety and welfare of the City of LaSalle and the public in general.

(Ord. A-590, passed 9-15-1958; Am. Ord. 2415, passed 1-29-2013)