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Lebanon City Zoning Code

ARTICLE II

- DISTRICT REGULATIONS

Sec. 36-37.- Zoning districts.

For the purposes of this chapter, the entire city is divided into zoning districts:

Letter and Number DesignationDistrictMinimum
District Area
Agricultural District
A-1 Agricultural district 5 acres
Residential Districts
SR-1 Single-family residential district 5 acres
SR-2 Single-family residential district 3 acres
SR-3 Single-family residential district 3 acres
MH-1 Manufactured home residential district 5 acres
MR-1 Multifamily residential district 2 acres
Business Districts
C-1 Commercial district 2 acres
C-2 Historic shopping district 2 acres
Industrial District
I-1 Industrial district 5 acres
Special Districts
F-1 Floodplain district No limit
E-1 Educational district No limit

 

(Code 1974, § 36-30; Ord. No. 1151, § 3-1, 7-25-2005; Ord. No. 1397, § 4, 4-24-2017; Ord. No. 1400, § 2, 7-10-2017)

Sec. 36-38. - Zoning map and district boundaries.

The boundaries of the listed zoning districts are established as shown on the official zoning map of the city. This map, including all notations and other information thereon, is made a part of this chapter by reference. The official zoning map shall be kept on file in the building and zoning official's office.

(Code 1974, § 3-2; Ord. No. 1151, § 3-2, 7-25-2005)

Sec. 36-39. - Annual publication.

In accordance with 65 ILCS 5/11-13-19, if any changes are made in the zoning districts or regulations during a calendar year, the city clerk shall publish the official zoning map of the city not later than March 31 of the following year.

(Code 1974, § 3-2.1; Ord. No. 1151, § 3-2.1, 7-25-2005)

Sec. 36-40. - Determining territory of districts with precision.

In determining, with precision, what territory is actually included within any zoning district, the building and zoning official shall apply the following rules:

(1)

Where a district boundary, as indicated on the zoning map, approximately follows any of the features listed below, the corresponding features shall be deemed the district boundary:

a.

Centerline of any street, alley, or highway: such centerline.

b.

Lot line: such lot line.

c.

Railroad tracks: right-of-way line of such tracks.

d.

Stream: center of such stream.

e.

Section, fractional, or survey lines: such lines.

(2)

When any street, alley, or other public way is legally vacated, the zoning districts adjoining each side of the vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.

(Code 1974, § 3-2.2; Ord. No. 1151, § 3-2.2, 7-25-2005)

Sec. 36-41. - Annexed territory.

Any territory after the effective date of the ordinance from which this chapter is derived annexed to the city shall be given the zoning district designation most similar to its classification prior to annexation; unless the property owner of the proposed territory for annexation makes a specific request for a different classification, at which time, after a recommendation by the plan commission, the city council may annex any territory as any other zoning district in this chapter if all legal requirements for a zoning map amendment are met.

(Code 1974, § 3-2.3; Ord. No. 1151, § 3-2.3, 7-25-2005)

Sec. 36-42. - Compliance required.

It is unlawful in the city, except in conformity with this chapter, to:

(1)

Erect, use, occupy, enlarge, alter, relocate, or reconstruct any structure, or part thereof;

(2)

Create any lot; or

(3)

Use, occupy, or develop any lot, or part thereof.

(Code 1974, § 3-3; Ord. No. 1151, § 3-3, 7-25-2005)

Sec. 36-43. - Unlisted uses prohibited.

When any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district. However, if the city council determines, after a public hearing has been held before the plan commission, that the consultation with the building and zoning official finds that the unlisted use is similar to and compatible with the listed uses, they may allow such use by amending this chapter in accordance with section 36-789. The city council's decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.

(Code 1974, § 3-4; Ord. No. 1151, § 3-4, 7-25-2005)

Sec. 36-44. - Meeting minimum requirements.

Except as specifically provided otherwise elsewhere in this chapter, every lot must meet the minimum area, minimum dimensions, and minimum setback requirements of the district in which it is located independently; that is, without any portion of an abutting lot.

(Code 1974, § 3-5; Ord. No. 1151, § 3-5, 7-25-2005)

Sec. 36-45. - Access required.

No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public or a private street.

(Code 1974, § 3-6; Ord. No. 1151, § 3-6, 7-25-2005)

Sec. 36-46. - Front setbacks; corner and through lots.

Every lot with multiple frontages (such as a corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage.

(Code 1974, § 3-7; Ord. No. 1151, § 3-7, 7-25-2005)

Sec. 36-47. - Front setbacks in certain built-up areas.

Except as specifically provided otherwise, in any built-up portion of any residential zoning district, where lots having 50 percent or more of the frontage of one side of a street between intersections (that is, in one block) are developed with buildings, and the front setbacks of those lots do not differ more than ten feet, the minimum required front setback on that block shall be the average of the existing front setbacks; provided, however, that no front setback less than 15 feet shall be permitted, nor shall any front setback greater than 50 feet be required.

(Code 1974, § 3-8; Ord. No. 1151, § 3-8, 7-25-2005)

Sec. 36-48. - Intrusions into yards.

To the extent indicated below, the following features of principal buildings may intrude into required yards without violating the minimum setback requirements:

FeaturesMaximum Intrusion
Cornices, chimneys, planters, or similar architectural features 2 feet
Fire escapes 4 feet
Patios No limit
Porches, if unenclosed and at ground level 6 feet
Canopies, roof overhangs 4 feet
Balconies 4 feet

 

(Code 1974, § 3-9; Ord. No. 1151, § 3-9, 7-25-2005)

Sec. 36-49. - Exceptions to height limits.

(a)

Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, and other necessary appurtenances commonly constructed above the roofline shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of the city.

(b)

Intersections. On corner lots, in the triangular portion of land bounded by intersecting street lines and a line joining these street lines at points 30 feet from the point of intersection, no obstruction whether manmade, shall extend more than two feet above the level of the adjacent street.

(Code 1974, § 3-10; Ord. No. 1151, § 3-10, 7-25-2005)

Sec. 36-50. - Sewers; septic tanks.

In all districts, property owners of all buildings and places where people live, work, or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements:

(1)

When public sewers are available. When the public sanitary sewerage system is reasonably available, that is, when the distance from the property in question to the nearest public sewer with available capacity does not exceed 200 feet, all sewerage shall be discharged into such system, whether or not a private sewerage system already exists or is more convenient.

(2)

Sewers required in new subdivisions. Every new subdivision within the city's jurisdiction shall be connected to and served by the public sanitary sewer system. Meeting the requirements of subsection (3) of this section does not satisfy the requirements of this subsection.

(3)

When public sewers are not available. When the public sewer is not reasonably available, a private sewer shall be installed and used. All private sewer systems shall be designed, constructed, operated, and maintained in conformity with state rules and law. The building and zoning official shall not issue any zoning compliance permit unless he is satisfied that these requirements will be met.

(Code 1974, § 3-11; Ord. No. 1151, § 3-11, 7-25-2005)

Sec. 36-51. - Accessory uses.

Any accessory use shall be deemed permitted in a particular zoning district if such accessory use is:

(1)

Accessory to a principal structure or use that is allowed in that zoning district as of right (permitted uses) or by virtue of the fact that a special use permit has been granted; and

(2)

In compliance with restrictions set forth in section 36-52.

(Code 1974, § 3-12; Ord. No. 1151, § 3-12, 7-25-2005)

Sec. 36-52. - Accessory use restrictions.

(a)

Height. No accessory use shall be higher than:

(1)

15 feet in any residential district; or

(2)

25 feet in any other zoning district except the agricultural district where, due to the needs of farmers, there shall be no height limit on accessory structures.

(b)

Setbacks.

(1)

In any commercial district or in the industrial district, no accessory use shall encroach into any part of any yard (front, side, or rear) which is required by the minimum setback regulations of the particular district.

(2)

In the SR-1 residential district or in the agricultural district, any accessory use is prohibited in any required front yard, but is permitted in any side yard or rear yard, provided such accessory uses shall not be closer than five feet to any side or rear lot line.

(c)

Yard coverage. In any residential district, accessory uses shall not cover more than 30 percent of a required rear yard.

(d)

Use as a dwelling. Use of any accessory structure as a dwelling is strictly prohibited throughout the city.

(e)

Distance from the principal structure. No accessory structure shall be located closer than ten feet from the principal structure.

(Code 1974, § 3-13; Ord. No. 1151, § 3-13, 7-25-2005)

Sec. 36-53. - Temporary uses.

No temporary structure or housing shall be occupied or temporary use permitted, whether for profit or not-for-profit, unless permission to do so has been granted by majority approval of the city council.

(Code 1974, § 3-14; Ord. No. 1151, § 3-14, 7-25-2005)

Sec. 36-80.- Purpose and intent.

The agricultural district within the jurisdiction of the city contains areas where soil, water, crop, wooded, and topographical resources generally provide conditions well suited to the raising of crops and farm animals. The district is designed to prevent the intrusion of nonagricultural land use and development which would hinder agricultural pursuits by reason of congestion on public roads, chemical and biological pollution of air and water, environmental conditions, soil erosion, and the depletion of natural cover causing excessive runoff of stormwater onto and across agricultural land. The district is designed to protect and preserve the areas of agricultural productivity and is intended to preserve conditions suitable to agricultural pursuits.

(Code 1974, § 4-1; Ord. No. 1151, § 4-1, 7-25-2005)

Sec. 36-81. - Lot and building requirements.

Every principal building erected in the A-1 Agricultural District shall conform to the following requirements:

(1)

Minimum lot area: two acres.

(2)

Minimum lot width: 250 feet at the established building line.

(3)

Minimum lot depth: 250 feet.

(4)

Minimum setbacks:

a.

From front lot line: 75 feet.

b.

From either side lot line: 25 feet.

c.

From rear lot line: 50 feet.

(Code 1974, § 4-1.1; Ord. No. 1151, § 4-1, 7-25-2005)

Sec. 36-82. - One dwelling on one lot.

In the A-1 district, only one dwelling shall be erected on any lot.

(Code 1974, § 4-1.2; Ord. No. 1151, § 4-1, 7-25-2005)

Sec. 36-83. - Permitted uses.

The permitted uses in the A-1 district are as follows:

(1)

Agriculture.

(2)

Fishing lakes, including fee fishing, or clubs, provided that no building, parking lot, or other intense use activity is located nearer than 500 feet to any dwelling on another zoning lot.

(3)

Greenhouses, including plant nurseries.

(4)

Living quarters for persons employed in agricultural or related activities that are conducted on the premises.

(5)

Noncommercial recreational activities.

(6)

Site-built dwelling units.

(7)

Temporary produce stands for the sale of agricultural produce raised on the premises, provided that adequate off-street parking is available and that major traffic congestion or hazards would not be created in conjunction with the location or access thereto.

(Code 1974, § 4-1.3; Ord. No. 1151, § 4-1, 7-25-2005)

Sec. 36-84. - Permitted accessory uses.

The permitted accessory uses in the A-1 district are as follows:

(1)

Accessory uses clearly associated with and supplementary to the principal use of the lot or tract of land.

(2)

Boats: storage of pleasure boats.

(3)

Cabanas, pool houses.

(4)

Camping trailer: the storage of not more than one unoccupied camp trailer.

(5)

Construction: temporary construction sheds and temporary buildings for sale or rental offices or show houses for use during construction operations, provided all other regulations of the district are complied with, but in no case shall such office be continued beyond the duration of construction of the project or one year, whichever is greater. However, such time limit may be extended for one year by the building and zoning official.

(6)

Fences, walls, and buffer strips.

(7)

Garages or carports, private.

(8)

Gazebos.

(9)

Greenhouses, noncommercial.

(10)

Guest houses, noncommercial: for the temporary accommodation of visiting friends or relatives.

(11)

Patios, private.

(12)

Pets: keeping of household pets, provided commercial kennels are not maintained, and provided no animal, reptile, bird, or similar classification or species normally considered wild, as opposed to domesticated, is maintained or kept.

(13)

Satellite dish or TV antennae.

(14)

Servants accommodations for professional servants, caretakers, watchmen, or custodians, but not as a separate detached single-family dwelling on the same lot.

(15)

Stables.

(16)

Swimming pools, private.

(17)

Tennis courts, private.

(18)

Tool or storage sheds, private.

(Code 1974, § 4-1.4; Ord. No. 1151, § 4-1, 7-25-2005)

Sec. 36-85. - Special uses.

The special uses in the A-1 district are as follows:

(1)

Agricultural implement sales.

(2)

Airports.

(3)

Animal hospitals, provided that all animals are kept in a completely enclosed soundproofed building, and further provided that adequate safeguards (structural, mechanical, and locational) shall be provided to protect adjacent properties from the effects of noisome and injurious substances, conditions, and operations.

(4)

Animal wastewater lagoon.

(5)

Any dwelling unit less than 750 square feet.

(6)

Bed and breakfast inns.

(7)

Carnivals, circuses, and similar temporary transient amusement enterprises.

(8)

Cemeteries and mausoleums in conjunction therewith.

(9)

Churches and other places of worship, but not including funeral chapels or mortuary chapels.

(10)

Commercial production and storage of explosive materials.

(11)

Commercial recreational activities, including golf courses of regulation size, par three golf courses, and driving ranges.

(12)

Convalescent or nursing homes.

(13)

Governmental facilities and other uses other than for the city.

(14)

Gun clubs or firing ranges if properly protected and located not nearer than 1,000 feet from any residence other than that of the owner or lessee of the site.

(15)

Home occupations.

(16)

Hospitals, clinics, and sanitariums.

(17)

Kennels, commercial.

(18)

Manufactured homes.

(19)

Mineral and soil extraction development.

(20)

Park and ride lots.

(21)

Private clubs, lodges, or camps.

(22)

Public service uses, including filtration plants, pump stations, water reservoirs, police and fire stations, or other governmental uses of the city.

(23)

Radio or television transmission towers.

(24)

Railroad rights-of-way and trackage, but not including classification yards, terminal facilities, or maintenance facilities.

(25)

Regional pollution control facilities.

(26)

Schools and colleges for academic instruction.

(27)

Stockyards, commercial livestock or poultry feeding, or agricultural processing plants.

(28)

Travel trailer parks.

(29)

Utilities: electrical substations, gas regulator stations, or other public utility distribution facilities.

(Code 1974, § 4-1.5; Ord. No. 1151, § 4-1, 7-25-2005)

Sec. 36-86. - Prohibited uses.

The prohibited uses in the A-1 district are as follows:

(1)

Freight car storage.

(2)

Junkyards.

(3)

Manufacturing.

(4)

Outside storage of goods or materials not in working condition or not intended for use or consumption on the premises.

(Code 1974, § 4-1.6; Ord. No. 1151, § 4-1, 7-25-2005)

Sec. 36-87. - Additional requirements.

Driveways in the agricultural district need not be paved, however, they must be connected to existing pavement or streets with concrete or asphalt from the street edge to the edge of the right-of-way and property line.

(Code 1974, § 4-1.7; Ord. No. 1151, § 4-1, 7-25-2005)

Sec. 36-118.- Purpose and intent.

In the SR-1, SR-2, and SR-3 Single-Family Residential Districts, land is principally used for, or is best suited for, detached single-family dwellings and related educational, religious, and recreational facilities. The regulations applicable to each single-family residential district are intended to stabilize and preserve sound existing neighborhoods developed at varying densities. The differing regulations are also intended to promote the development of a range of new single-family housing that is appropriate for persons having different social needs and income levels.

(Code 1974, § 4-2; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017)

Sec. 36-119. - One principal building on one lot.

Constructions occurring in the SR-1, SR-2, and SR-3 districts on or after October 15, 2024, shall not erect more than one principal building on any lot. Any principal building damaged or destroyed may be repaired or rebuilt.

(Code 1974, § 4-2.1; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017; Ord. No. 1590, § 2, 10-28-2024)

Sec. 36-120. - Lot and building requirements.

Every principal building erected in the SR-1, SR-2, and SR-3 districts, erected on or after October 15, 2024, shall conform to the applicable requirements indicated in tabular form below.

(Code 1974, § 4-2.2; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017; Ord. No. 1591, § 2, 10-28-2024)

Sec. 36-121. - Minimum zoning district regulations.

One-family dwelling structures shall have a total floor area of not less than 1,000 square feet for each dwelling unit measured from outside walls including sleeping areas.

(1)

Exceptions:

a.

One-family dwelling structures erected prior to October 15, 2024.

b.

One-family dwelling structures that are damaged or destroyed and being repaired or erected on the original or repaired foundation.

(Code 1974, § 4-2.3; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017; Ord. No. 1592, § 2, 10-28-2024)

Sec. 36-122. - Lot requirements.

All lots in a subdivision shall conform to the minimum lot area and dimension requirements of the zoning district in which the subdivision is located; land that is under water or reserved for street improvements shall not be counted to satisfy these minimum requirements. Every corner and through lot shall be large enough to permit compliance with the district's front yard setback requirements on every side of the lot that faces a street. All lot remnants shall be added to adjacent lots to avoid the creation of unbuildable parcels. All lots shall contain adequate space for required off-street parking and loading.

(Code 1974, § 4-2.4; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017)

Sec. 36-123. - Permitted uses.

The permitted uses in the SR-1, SR-2, and SR-3 districts are as follows:

(1)

Churches and other places of worship, but not including funeral chapels or mortuary chapels.

(2)

Golf courses, but not including miniature or putt-putt golf courses; provided that no clubhouse, parking lot or accessory building shall be located nearer than 500 feet to any dwelling unit or other zoning lot.

(3)

Government uses, facilities and buildings of the city.

(4)

Planned developments limited to the density and permitted uses of this district.

(5)

Playgrounds, parks, recreational or community centers or grounds.

(6)

Single-family dwellings.

(7)

Site-built dwelling units.

(Code 1974, § 4-2.5; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017)

Sec. 36-124. - Permitted accessory uses.

The permitted accessory uses in the SR-1, SR-2, and SR-3 districts are any permitted accessory use in the A-1 district, except stables.

(Code 1974, § 4-2.6; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017)

Sec. 36-125. - Special uses.

The special uses in the SR-1, SR-2, and SR-3 districts are as follows:

(1)

Agriculture purpose.

(2)

Bed and breakfast inns.

(3)

Cemeteries and mausoleums in conjunction therewith.

(4)

Daycare or nursery schools.

(5)

Nonresidential private parking lots.

(6)

Government uses other than the city.

(7)

Home occupations.

(8)

Hospitals, clinics and sanitariums.

(9)

Offices only for the retail sales of automobiles and other motor vehicles.

(10)

Medical and dental, but not including any retail drug sales.

(11)

PUDs limited to the density and permitted uses of the district.

(12)

Private lodges, clubs, or camps.

(13)

Public libraries and museums.

(14)

Private sewage facilities.

(15)

Public, private and parochial schools.

(16)

Residential care facilities, including nursing homes and convalescent homes.

(17)

Small community residences.

(18)

Two-family dwellings.

(19)

Utilities: electrical substations, gas regulator stations, other public utility distribution or transmission facilities.

(20)

Bakeries.

(21)

Short-term rental.

(Code 1974, § 4-2.7; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017; Ord. No. 1453, § 2, 5-15-2019; Ord. No. 1502, § 4, 9-27-2021; Ord. No. 1544, § 11, 4-10-2023)

Sec. 36-126. - Prohibited uses.

The prohibited uses in the SR-1, SR-2, and SR-3 districts are as follows:

(1)

Junkyards.

(2)

Manufacturing.

(3)

Regional pollution control facilities.

(4)

Vehicles, being automobiles, buses and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted.

(5)

Outside storage goods or materials not in working condition or not intended for use or consumption on-premises within 180 days of initial storage.

(6)

Freight car storage.

(Code 1974, § 4-2.8; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017)

Sec. 36-127. - Prohibition on establishing any new SR-3 single-family residential districts.

After the effective date of the ordinance from which this chapter is derived, no other SR-3 single-family residential districts, besides those now shown on the official zoning map of the city, shall be established.

(Code 1974, § 4-2.9; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017)

Sec. 36-153.- Purpose and intent.

The MH-1 district is created to meet the unique needs of many persons living in manufactured homes as single-family dwelling units and to provide for special uses, such as manufactured home parks. In this district, single-family dwellings and manufactured homes may be permitted, subject to the requirements in this chapter. Manufactured homes, double-wide manufactured homes, manufactured homes parks and manufactured home courts shall be permitted only in the MH-1 district.

(Code 1974, § 4-3; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-154. - Individual manufactured home lots.

(a)

All manufactured homes shall meet the tie down requirements of section 36-162 and pad requirements of sections 36-160 and 36-161.

(b)

All manufactured homes shall be equipped with a towing device and operational wheels. Units incapable of being moved shall be considered permanent structures and shall be meet the zoning and construction requirements of the next higher residential zoning category.

(c)

Each manufactured home shall be furnished with flush toilet, and shower or bath for connection with a public or private sewage treatment system.

(d)

Approved manufactured homes shall have a red metal label permanently affixed to the rear of each towable unit. Each manufactured home brought into the city for placement in the district for use shall be no greater than ten years old.

(Code 1974, § 4-3.1; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-155. - Setback; lot size; building height.

In the MH-1 district, the establishment of such accommodations shall be subject to the following requirements:

(1)

Minimum lot size and minimum yard dimensions. The following regulations relative to the minimum lot size and minimum yard dimensions shall apply to the entire tract of land on which the manufactured home district is situated:

a.

A manufactured home district shall be located on a tract of land not less than five acres in area, with minimum width and depth dimensions of 200 feet.

b.

Any building, structure, or manufactured home in the district or in a manufactured home park shall be located at least 25 feet from any front or rear lot line or any side lot line adjacent to a street and at least ten feet from the side yard lot lines.

(2)

Individual manufactured home lots. The minimum individual area, width and depth requirements for manufactured home lots shall be as follows:

AreaWidthDepth
Manufactured home space 5,000 sq. ft. 50 ft. 100 ft.

 

(3)

Living space. The individual manufactured home shall contain not less than 720 square feet of living space for a one unit (single-wide) and not less than 900 square feet for two units (double-wide).

(4)

Height. No building or manufactured home within the manufactured home park will exceed the height of 25 feet.

(Code 1974, § 4-3.2; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-156. - Minimum zoning district regulations.

MH-1
Minimum district area (in acres) 5
Minimum lot standards
 Area (in square feet) 5,000
 Width (in feet) 50
Depth (in feet) 100
Setbacks of bldg. from lot lines
 Front yard (in feet) 25
 Side yard (in feet) 10
 Side yard abutting a street 25
 Rear yard 25
Maximum height
 Principal bldg. 35
 Accessory bldg. 15
Maximum lot coverage (%) 30
Maximum number of dwelling units 1

 

(Code 1974, § 4-2.3; Ord. No. 1151, § 4-2, 7-25-2005; Ord. No. 1268, § 1, 7-25-2011; Ord. No. 1397, §§ 2, 4—8, 4-24-2017)

Sec. 36-157. - Outdoor living area.

Each manufactured home space or lot shall be provided with an outdoor living and service area. Such area shall be improved as necessary to ensure reasonable privacy and comfort. Spaces shall be arranged and manufactured homes parked in such manner that there is an open area of at least 300 square feet at the rear of, and as a part of, each manufactured home space.

(Code 1974, § 4-3.3; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-158. - Accessory structures, alterations, and additions.

(a)

No permanent additions shall be built onto or become part of any manufactured home.

(b)

No more than one separate accessory building, with no more than 400 square feet of space, shall be permitted.

(c)

Temporary structures shall be permitted in accordance with the following provisions and requirements:

(1)

Accessory structures shall be designed in a manner that will enhance the appearance of the manufactured home development.

(2)

Cabanas, patios or porches must have at least one side must be open, except for screening for insects.

(3)

Electrical circuits supplying the accessory structure shall be independent of the circuit supplying the manufactured home.

(4)

Skirting of a manufactured home shall be required, but such skirting shall not attach the manufactured home permanently to the ground, provide a harborage for rodents, or create a fire hazard. Such skirting so installed shall be of fire-resistant materials and shall be equipped with inspection doors.

(5)

Structures having an area not exceeding ten percent of the square foot floor area of the manufactured home may be entirely enclosed if utilized for storage purposes only.

(Code 1974, § 4-3.4; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-159. - Jacks and stabilizers.

Jacks or stabilizers shall be placed under the frame of the manufactured home to prevent movement on the springs while the manufactured home is parked and occupied and shall be located on approved concrete footing.

(Code 1974, § 4-3.5; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-160. - Manufactured home pad.

The manufactured home pad shall be improved to provide adequate support for the placement and tie-down of the manufactured home. The pad shall not heave, shift or settle unevenly under the weight of the manufactured home due to frost action, inadequate drainage, vibration, wind or other forces acting on the structure.

(Code 1974, § 4-3.6; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-161. - Manufactured home pad requirements.

All manufactured homes shall be placed on a manufactured home pad constructed of Portland cement concrete not less than six inches in thickness. In addition, all manufactured home pads shall be at least ten feet wide by 40 feet in length, or manufactured homes may be placed on concrete piers on a solid concrete footing and shall be of a size and kind approved by the building and zoning official and shall be exactly as approved. Expandable units shall be provided with approved piers or their equivalent at each corner of the unit.

(Code 1974, § 4-3.7; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-162. - Tie-down anchorage requirements.

(a)

All manufactured homes shall meet the tie-down requirements of the following table:

10 and 12 Feet Wide

Manufactured Homes
12 and 14 Feet Wide
Manufactured Homes
30 to 50 feet long 50 to 60 feet long 60 to 70 feet long
No. of frame
ties
No. of over-the-top ties No. of frame ties No. of over-the-top ties No. of frame ties No. of over-the-top ties
4 3 5 3 5 3

 

(b)

Tie-down components used, including anchor systems, must be able to withstand at least 4,800 pounds without failure. The holding power of ground anchors can be determined by conducting pullout tests or by consulting with your anchor dealer. He should be able to provide you with data on anchor holding power for various kinds of soils.

(Code 1974, § 4-3.8; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-163. - Manufactured home parks.

In addition to the preceding regulations of the MH-1 zoning district, proposed manufactured home parks shall conform to the minimum following requirements:

(1)

The Mobile Home Park Act, 210 ILCS 115/1 et seq.; and

(2)

Rules and regulations for manufactured home parks promulgated by the state department of public health, consumer protection division.

(Code 1974, § 4-3.9; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-164. - Sale of a park lot.

Nothing contained in this section shall be deemed as prohibiting the sale of a manufactured home located on a manufactured home space and connected to the pertinent utilities, provided that any manufactured home in a manufactured home park shall not be sold with the lot upon which the manufactured home is placed unless the lot is 5,000 square feet minimum or the zoning lot is a part of a PUD with common lands; and that the rights to the enjoyment of the common land is transferred to the person purchasing the lot.

(Code 1974, § 4-3.10; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-165. - Site requirements.

Any manufactured home park shall be located on a well-drained site, and shall be located so that its drainage will not constitute an unreasonable hazard or nuisance to persons, property or water supply in the immediate vicinity of the site. Manufactured home parks shall not be potential breeding places for insects or rodents. Park sites shall not be subject to flooding or ponding, fire or safety hazards, and shall not be exposed to nuisances, such as undue noise, smoke, fumes or odors.

(Code 1974, § 4-3.11; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-166. - Buffer strips.

All manufactured home parks shall be provided with a planting screen of at least 20 feet in depth and height along the property boundary line separating the development and any adjacent zoning district or as approved by the building and zoning official.

(Code 1974, § 4-3.12; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-167. - Streets and utilities.

All streets and utilities (water, sewer, electricity, etc.) in any manufactured home park shall conform to the requirements of city subdivision regulations.

(Code 1974, § 4-3.13; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-168. - Entrance and exit streets.

Entrances to and exit from manufactured home developments shall have direct connections to a public street and shall be designed to allow free movement of traffic on such adjacent public streets.

(Code 1974, § 4-3.14; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-169. - Parking.

No parking shall be permitted on the entrance street of the development for a distance of 100 feet from its point of beginning. Each manufactured home space in a manufactured home park shall have two off-street parking spaces.

(Code 1974, § 4-3.15; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-170. - Access proximity.

Each manufactured home space shall be located within 200 feet of a drive or access way of not less than 20 feet in width which provides access to entrance and exit streets. All streets, drives and access ways shall be paved with an oil and chip, asphalt, concrete or comparable material and site graded so as to drain off all surface water to prevent flooding of home sites and access.

(Code 1974, § 4-3.16; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-171. - Sidewalks.

All manufactured home parks shall be provided with safe, convenient, all-season pedestrian access. Sidewalks shall meet the requirements of the city.

(Code 1974, § 4-3.17; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-172. - Permitted uses.

The permitted uses in the MH-1 district are as follows:

(1)

Churches and other places of formal worship.

(2)

Golf courses, but not including miniature or putt-putt golf courses; provided that no clubhouse, parking lot or accessory building shall be located nearer than 500 feet to any dwelling or other zoning lot.

(3)

Governmental uses, facilities, and buildings of the city.

(4)

Manufactured home on a permanent foundation.

(5)

Planned developments limited to the density and permitted uses of the district.

(6)

Public libraries, playgrounds, parks, recreational or community centers or grounds.

(7)

Railroad rights-of-way and trackage only.

(8)

Single-family dwellings.

(9)

Site-built dwelling units.

(Code 1974, § 4-3.18; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-173. - Permitted accessory uses.

The permitted accessory uses in the MH-1 district are accessory uses clearly associated with the principal use of the lot or tract of land, such as the following accessory uses:

(1)

Boats: storage of pleasure boats.

(2)

Camping trailer: the storage of not more than one unoccupied camp trailer in rear yard only.

(3)

Construction: temporary construction sheds, trailers, and buildings for sale, rental, construction or show, for use during construction operations.

(4)

Fences, walls, and buffer strips.

(5)

Pets: keeping of household pets, provided kennels are not maintained, and provided no animal, reptile, bird or similar classification or species normally considered wild, as opposed to domesticated, is maintained or kept.

(6)

Private: greenhouses, tool sheds, garages, carports, tennis courts, patios, swimming pools.

(Code 1974, § 4-3.19; Ord. No. 1151, § 4-3, 7-25-2005)

Sec. 36-174. - Special uses.

The special uses in the MH-1 district are as follows:

(1)

Agriculture, including all uses commonly classified as such.

(2)

Bakeries.

(3)

Cemeteries and mausoleums in conjunction therewith.

(4)

Daycares or nursery schools.

(5)

Home occupations.

(6)

Medical and dental offices, excluding retail drug sales.

(7)

PUDs limited to the density and permitted uses of the district.

(8)

Private lodges, clubs, or camps.

(9)

Private sewage treatment plant.

(10)

Public, private and parochial schools.

(11)

Small community residences.

(12)

Two-family dwellings.

(13)

Utilities: electrical substations, gas regulator stations, other public utility distribution or transmission facilities.

(Code 1974, § 4-3.20; Ord. No. 1151, § 4-3, 7-25-2005; Ord. No. 1450, § 2, 4-8-19)

Sec. 36-200.- General characteristics.

(a)

The MR Multifamily Residential District designation and the district locations as shown on the zone district map reflect the variety of physical and social characteristics found in the city. It is the purpose of these districts to encourage the creation and maintenance of the stable and enduring multiple-family residential districts by establishing limitations on the use, character and density of development of land so as to take advantage of, or to avoid conflicts with natural topography, existing development, arrangement and location of existing or planned community facilities and the social needs of the community. These districts may also be utilized for the appropriate use of redevelopment areas where obsolescence and social-economic demands would suggest higher densities as necessary to encourage the reuse of such areas.

(b)

On the effective date of the ordinance from which this chapter is derived, all existing MR-1 lots within multifamily districts are reclassified according to the structure (either existing or proposed) approved for the lot as follows:

(1)

MR-1 (duplex).

(2)

MR-2 (triplex).

(3)

MR-3 (four or more attached dwelling units each designed for occupancy by one family).

(c)

Existing unimproved MR (formerly MR-1) lots with no pre-approved proposed structure are designated MR-1 (duplex) until reclassified through zoning action prescribed for district boundary changes and approval of the city council. MR lots in developments must be classified according to the three categories above. Lots may not be combined or otherwise changed except by zoning action prescribed for district boundary changes as defined in article VIII, division 3 of this chapter and approval of the city council.

(Code 1974, § 4-4; Ord. No. 1151, § 4-4, 7-25-2005)

Sec. 36-201. - Lot and building requirements.

Every principal building erected in the MR-1 Multifamily Residential District shall conform to the following requirements:

(1)

Minimum lot area: every lot or tract of land shall have a minimum area of 10,000 square feet or four or less units, and 2,500 square feet for each additional over four.

(2)

Minimum lot width: every lot shall be not less than 80 feet in width at the established building line.

(3)

Minimum lot depth: every lot shall be not less than 100 feet in depth.

(4)

Minimum setbacks:

a.

From front lot line: 25 feet.

b.

From either side lot line: 10 feet.

c.

From side yard abutting a street: 25 feet.

d.

From rear lot line: 25 feet.

(5)

Height restrictions: no building shall exceed 45 feet in height.

(Code 1974, § 4-4.1; Ord. No. 1151, § 4-4, 7-25-2005)

Sec. 36-202. - Permitted uses.

The permitted uses in the MR-1 district are as follows:

(1)

Same as in SR districts.

(2)

Site-built dwelling units.

(3)

Multifamily residential dwellings, to include apartments, duplexes, triplexes, condominiums, row houses and townhouses according to the assigned category in section 36-200(b).

(Code 1974, § 4-4.2; Ord. No. 1151, § 4-4, 7-25-2005)

Sec. 36-203. - Permitted accessory uses.

The permitted accessory uses in the MR-1 district are as follows:

(1)

Accessory uses that are clearly associated with, and supplementary to, the principal use of the lot or tract of land.

(2)

Same as in SR districts, except guesthouses and horse stables.

(Code 1974, § 4-4.3; Ord. No. 1151, § 4-4, 7-25-2005)

Sec. 36-204. - Special uses.

The special uses in the MR-1 district are as follows:

(1)

Same as in SR districts, except bed and breakfast inns.

(2)

Boardinghouses and roominghouses.

(3)

Dormitories or similar uses.

(4)

Large community residences.

(Code 1974, § 4-4.4; Ord. No. 1151, § 4-4, 7-25-2005)

Sec. 36-232.- General characteristics.

The commercial district encompasses areas suitable for both wholesale and retail business establishments. Businesses in this district can be distinguished from those in the C-2 district in that they are usually larger, more intensive, more automobile-oriented (as opposed to pedestrian-oriented), and less compatible with residential uses.

(Code 1974, § 4-5; Ord. No. 1151, § 4-5, 7-25-2005)

Sec. 36-233. - Lot and building requirements.

Every principal building erected in the commercial district shall conform to the requirements indicated below:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 75 feet (at the established building line).

(3)

Minimum lot depth: 100 feet.

(4)

Minimum setbacks:

a.

From front lot line: 25 feet.

b.

From either side lot line: 10 feet.

c.

From rear lot line: 25 feet.

Setback areas may be used as off-street parking.

(5)

Maximum building height: 35 feet.

(Code 1974, § 4-5.1; Ord. No. 1151, § 4-5, 7-25-2005)

Sec. 36-234. - Permitted uses.

The permitted uses in the C-1 district are as follows:

(1)

Abstracting, accounting, and bookkeeping services.

(2)

Advertising services.

(3)

Air conditioning, refrigerated equipment, and supplies—sales and services.

(4)

Alterations, pressing, and garment repair.

(5)

Animal hospital services.

(6)

Apparel and accessories—retail.

(7)

Appliances (household)—sales and services.

(8)

Architectural, engineering, and planning services.

(9)

Automobile and other motor vehicle repair services and body shops.

(10)

Automobile and other motor vehicle—retail.

(11)

Automobile parking lots and garages—public or private.

(12)

Automobile parts and supplies—retail.

(13)

Automobile wash services.

(14)

Bait shops.

(15)

Bakeries.

(16)

Banking services.

(17)

Barber and beauty services.

(18)

Bicycles—retail.

(19)

Blueprinting and photocopying services.

(20)

Books, magazines, or newspaper printing and publishing.

(21)

Books—retail.

(22)

Bowling alleys.

(23)

Building materials—retail.

(24)

Business and management consulting services.

(25)

Bus passenger terminals.

(26)

Cameras and other photographic equipment—sales and services.

(27)

Candy, nut, and confectionery—retail.

(28)

Carpets and rugs—sales, repair and services.

(29)

China, glassware, and metalware—retail.

(30)

Chiropractors, optometrists, and other similar health services.

(31)

Civic, social, and fraternal associations.

(32)

Clock, watch, and jewelry—sales and services.

(33)

Construction contracting services.

(34)

Convenience stores.

(35)

Daycare centers.

(36)

Dental laboratories and services.

(37)

Department stores.

(38)

Discount and variety stores.

(39)

Drugstores.

(40)

Dry cleaning—retail.

(41)

Eating and drinking establishments including drive-in and fast food restaurants.

(42)

Electronic equipment, parts, and supplies—sales and services.

(43)

Farm machinery, equipment, feed and grain—retail.

(44)

Fish and seafood—retail.

(45)

Florists—retail.

(46)

Food stores, including groceries, delicatessens, dairy, fruit, meat, fish, vegetables, and health foods.

(47)

Funeral chapels and homes.

(48)

Furniture, home furnishing and appliance stores—sales and services.

(49)

Games and video arcades

(50)

Garden supply and landscape nurseries.

(51)

Gasoline service stations—retail.

(52)

Gift, novelty, and card shops.

(53)

Golf courses, including miniature golf courses and driving ranges.

(54)

Hardware stores.

(55)

Health and exercise gyms or clubs.

(56)

Hobby shops.

(57)

Hospital services.

(58)

Hotel and motels.

(59)

Ice cream and frozen desserts—retail.

(60)

Insurance agents, brokers, and carriers.

(61)

Landscape and lawn care contracting services.

(62)

Laundries.

(63)

Leather and luggage.

(64)

Legal services.

(65)

Libraries and museums.

(66)

Liquor—retail.

(67)

Locksmith services.

(68)

Lumber yards—retail.

(69)

Medical clinics and laboratories.

(70)

Meeting halls and theaters.

(71)

Musical instruments and supplies.

(72)

Nursing homes, including convalescent homes.

(73)

Paint and wallpaper—retail.

(74)

Pet shops and pet grooming services, including animal hospitals.

(75)

Photographic studios and services.

(76)

Physicians' services.

(77)

Planned developments limited to the density and uses permitted in the district.

(78)

Places of amusement or recreation, such as drive-in theaters, auditoriums or bowling alleys.

(79)

Plumbing, heating equipment and supplies—retail.

(80)

Postal services, including express parcel services.

(81)

Radio and television broadcast antennas and stations.

(82)

Real estate agents, brokers and sales.

(83)

Restaurants—family, fast food, sit-down, etc.

(84)

Second-hand stores and rummage shops.

(85)

Shoe stores—sales and repair.

(86)

Sporting goods stores.

(87)

Tailors, alterer, and repair—sales and services.

(88)

Taverns.

(89)

Travel agencies.

(90)

Tobacco and newsstands.

(91)

Warehousing/storage.

(92)

Utility regulating substations.

(93)

Variety stores.

(94)

Other stores and shops.

(Code 1974, § 4-5.2; Ord. No. 1151, § 4-5, 7-25-2005)

Sec. 36-235. - Permitted accessory uses.

The permitted accessory uses in the C-1 district are as follows:

(1)

Accommodations for caretakers, watchmen, or custodians.

(2)

Storage of merchandise or inventory usually carried in stock, provided that such storage shall be located on the lot with the retail, service, or commercial use and shall be within a completely enclosed building.

(3)

Smokehouses and barbecue grills.

(Code 1974, § 4-5.3; Ord. No. 1151, § 4-5, 7-25-2005)

Sec. 36-236. - Use restrictions.

(a)

Billboards. In this district a special use permit is required to display any billboard except one owned by the city. No billboard shall (A) Be stacked on top of another billboard; or (B) Be located closer than 25 feet to any side lot line; or (C) Be located closer than 500 feet from any other billboard on the same side of the roadway; or (D) Extend more than 30 feet above the ground or pavement; or (E) Exceed 300 square feet in area. Digital billboards may display at full power during daylight hours and must dim the display at sunset and after midnight each day.

(b)

Preparation and manufacture of goods for retail sale. Preparation and manufacture of goods or products for retail sale on the premises only shall be permitted, provided that such manufacture process or treatment shall be clearly incidental and essential to the retail business conducted on the premises, and further provided that not more than five persons (exclusive of the manager) shall be engaged in the manufacture, processing, or treatment of products, and that all such operations create no undue noise, odor, dust, smoke, vibration, or other similar nuisance.

(c)

Unenclosed activities. In this district, a special use permit is required to conduct any commercial service or storage activities outside a completely enclosed building.

(d)

Refuse containers. All refuse generated by any establishment located within this district shall be stored in tightly covered containers placed in a visually screened area.

(e)

Screening. Along the side and rear lot lines of any lot abutting any residential district, screening (a wall, solid fence, or closely planted shrubbery) of sufficient density shall be provided to completely block any noisome and injurious conditions or operations from adjacent residential property.

(f)

Paving. All parking lots, loading spaces and drives must be paved in accordance with article V of this chapter.

(Code 1974, § 4-5.4; Ord. No. 1151, § 4-5, 7-25-2005; Ord. No. 1564, § 2, 11-13-2023)

Sec. 36-237. - Special uses.

The special uses in the C-1 district are as follows:

(1)

Bed and breakfast inns.

(2)

Billboards.

(3)

Home occupations.

(4)

Multifamily dwellings.

(5)

PUD projects, limited to the density and permitted uses of the district.

(6)

Towing or wrecker service.

(7)

Unenclosed commercial activities.

(8)

Short-term rental.

(9)

Body art and tattoo studio.

(Code 1974, § 4-5.5; Ord. No. 1151, § 4-5, 7-25-2005; Ord. No. 1519, § 4, 4-11-2022; Ord. No. 1544, § 11, 4-10-2023; Ord. No. 1564, § 2, 11-13-2023; Ord. No. 1597, § 2, 2-10-2025)

Sec. 36-238. - Prohibited uses.

The prohibited uses in the C-1 district are as follows:

(1)

Freight car storage.

(2)

Junkyards.

(3)

Outside storage of goods or materials not in working condition or not intended for use or consumption on premises within 180 days.

(4)

Wholesale industrial manufacturing.

(5)

Vehicles, being automobiles, buses and trucks that do not bear a current set of license plates; or are not in running condition; or are in such a condition that they are inoperable on public streets shall not be permitted.

(Code 1974, § 4-5.6; Ord. No. 1151, § 4-5, 7-25-2005)

Sec. 36-270.- Establishment; purpose.

(a)

The boundaries of the C-2 Historic Shopping District shall be established for those lots and properties along St. Louis Street between Monroe and Fritz Streets. The purpose for creating a separate zone district is to preserve the historic significance of the buildings embodying distinctive characteristics of a type and period that have warranted the area to be listed as a district on the National Register of Historic Places since October 4, 1978, as well as accommodating the ongoing business interests of owners and shopkeepers.

(b)

For properties facing St. Louis Street and located throughout the boundaries of the C-2 Historic Shopping District, awnings, canopies, balconies, porches, rooftops, etc., will be used only for emergency escape. To maintain the historical integrity of the district, no items shall be placed on awnings, canopies, balconies, porches, rooftops, etc., that do not conform to the historic period.

(c)

Through the C-2 zone district regulations, special attention is focused on maintaining the historical and architectural integrity of structures in this area, and, by doing so, stewardship of these cultural resources ultimately contributes to the quality of life and local economy in the city. By stipulating the appropriate kinds of activities that may occur, the zone district regulations are designed to achieve a desired mix of business and cultural activities that complement its historic appeal.

(d)

The boundaries of the C-2 Historic Shopping District may be changed to include other areas, buildings, structures, places, or other objects of historic, cultural, or architectural significance on, or to be nominated, to the National Register of Historic Places upon petition by owners of contiguous property.

(Code 1974, § 4-6; Ord. No. 1151, § 4-6, 7-25-2005; Ord. No. 1233, § 2, 10-26-2009; Ord. No. 1380, 5-23-2016)

Sec. 36-271. - Minimum requirements.

The minimum lot requirements in the C-2 district are as follows:

(1)

Minimum setbacks: generally none required except as necessary to achieve compliance with applicable off-street parking and loading requirements (see article V of this chapter), however, any lot abutting a residential district shall conform to the front and side setback requirements of such district.

(2)

Maximum building height: 45 feet.

(Code 1974, § 4-6.1; Ord. No. 1151, § 4-6, 7-25-2005; Ord. No. 1233, § 2, 10-26-2009; Ord. No. 1380, 5-23-2016)

Sec. 36-272. - Permitted uses.

The permitted uses in the C-2 district are as follows:

(1)

Abstracting, accounting and bookkeeping services.

(2)

Antiques—retail.

(3)

Apparel and accessories—retail.

(4)

Appliances—retail.

(5)

Architectural, engineering and planning services.

(6)

Art galleries.

(7)

Auditoriums.

(8)

Bakeries—retail.

(9)

Banking services.

(10)

Barber shops and hair beauty services.

(11)

Bed and breakfast inns.

(12)

Bicycle shops.

(13)

Blueprinting and photocopying services.

(14)

Books—retail.

(15)

Business and management consulting services.

(16)

Candy, nut and other confectionery products.

(17)

China, glassware, and metalware—retail.

(18)

Churches

(19)

Coffee and teahouses.

(20)

Dental services.

(21)

Dog and cat grooming services.

(22)

Drugstores.

(23)

Dwelling units and apartments, provided a business occupies the ground floor.

(24)

Floral shops.

(25)

Games and video arcades.

(26)

General stores—retail.

(27)

Gifts and souvenirs.

(28)

Governmental uses of city.

(29)

Hardware—retail.

(30)

Health and fitness services.

(31)

Historic and monument sites.

(32)

Hobby supplies—retail.

(33)

Ice cream shops and frozen dairy desserts—retail.

(34)

Insurance agents and brokers services.

(35)

Jewelry—retail.

(36)

Legal services.

(37)

Libraries.

(38)

Mortuaries, including funeral chapels.

(39)

Museums.

(40)

Newspapers, publishing and printing.

(41)

Parks, public.

(42)

Pattern shops.

(43)

Photographic studios and services.

(44)

Photographic supplies and cameras.

(45)

Physicians' offices.

(46)

Postal services.

(47)

Restaurants without drive-through facilities.

(48)

Single-family dwellings.

(49)

Site-built dwelling units.

(50)

Taverns.

(Code 1974, § 4-6.2; Ord. No. 1151, § 4-6, 7-25-2005; Ord. No. 1233, § 2, 10-26-2009; Ord. No. 1380, 5-23-2016; Ord. No. 1465, § 2, 9-23-2019; Ord. No. 1532, § 2, 9-26-2022)

Sec. 36-273. - Permitted accessory uses.

The permitted accessory uses in the C-2 district are as follows:

(1)

Accessory uses that are clearly associated with, and supplementary to, the principal use of the lot or tract of land.

(2)

Fences, walls, and buffer strips.

(3)

Historical markers.

(4)

Public restrooms.

(5)

Storage of merchandise or inventory usually carried in stock, provided that such storage shall be located on the same lot with the business and shall be within a completely enclosed building.

(6)

Telephone booths.

(7)

Water fountains.

(Code 1974, § 4-6.3; Ord. No. 1151, § 4-6, 7-25-2005; Ord. No. 1233, § 2, 10-26-2009; Ord. No. 1380, 5-23-2016)

Sec. 36-274. - Prohibited uses.

The prohibited uses in the C-2 district are as follows:

(1)

Same as in C-1 district.

(2)

Automobile parts, automobile repair, and service stations.

(3)

Convenience stores—retail.

(4)

Drive-in or fast food restaurant establishments.

(5)

Dry cleaning and laundromats.

(6)

Massage parlors.

(7)

Regional pollution control facilities.

(Code 1974, § 4-6.4; Ord. No. 1151, § 4-6, 7-25-2005; Ord. No. 1233, § 2, 10-26-2009; Ord. No. 1380, 5-23-2016)

Sec. 36-275. - Additional restrictions.

All permitted uses and accessory uses shall meet the following requirements:

(1)

Acts prohibited. No person shall be permitted to build, erect, construct, alter, destroy or remove buildings and structures, or in any way change the outward appearance of any building or structure in the historic shopping district causing loss of historical integrity or diminishing the qualities that qualified the building or structure to be listed or in a way that jeopardizes the building or structure from meeting the criteria for placement on the National Register of Historic Places. For such action that does not alter this status, a certificate of appropriateness is required before a building permit or certificate of occupancy can be issued.

(2)

Certificate of appropriateness required. Both the state and federal governments have rules regulating the protection of registered historical properties. At the municipal level, the certificate of appropriateness procedure in the city is designed to be administered as a planning tool to review proposed changes to any buildings, signs, or structures in the district in order to mitigate any adverse impact such changes a project might have on these historic properties. The certificate of appropriateness is issued by the building and zoning official after recommendation for approval is made by the plan commission. A certificate of appropriateness shall be issued before any of the following:

a.

Demolition of a building or structure within the historic shopping district.

b.

Moving a building or structure out of, into, or within the historic shopping district.

c.

Material change in the exterior appearance of existing buildings or structures within the historic shopping district by additions, reconstruction, alteration, or maintenance involving exterior color change, if subject to view from a public street.

d.

Any new construction within the historic shopping district subject to view from a public street.

e.

Demolition, construction, or material change of any street, sidewalk, fence, wall, sign, or ornamentation within the historic shopping district, if subject to view from a public street.

(3)

Matters to be considered. The plan commission shall not consider interior arrangement or features not subject to any public view, and shall not make any requirements, except for the purpose of preventing developments incongruous to the aesthetic and historic status of the surroundings. The plan commission shall consider the following in passing on the appropriateness of exterior architectural features:

a.

All exterior architectural features, including any signs which are subject to public view from a public street or sidewalk, and any fences, outbuildings, paving, and substantial grading of soil levels.

b.

General design and arrangement.

c.

Texture, material and color.

d.

The relation of the factors in subsections (3)a, b, and c of this section to similar features of buildings and structures in the immediate surroundings.

e.

The extent to which the building or structure would be harmonious with or incongruous to the aesthetic, cultural, or historic status of the surroundings.

f.

The extent to which the building or structure will promote the general welfare of the city and its citizens.

g.

Signs.

(Code 1974, § 4-6.5; Ord. No. 1151, § 4-6, 7-25-2005; Ord. No. 1233, § 2, 10-26-2009; Ord. No. 1380, 5-23-2016)

Sec. 36-276. - Sidewalk safety in historic shopping district.

(a)

It shall be unlawful for any person to use or operate a bicycle, scooter, e-scooter, skateboard, rollerblade, roller-skate, unicycle, and/or any other wheeled device (other than wheelchairs or any other devices being used to assist an injured person) on the sidewalks within the Historic Shopping District, including all sidewalks along East and West St Louis Street between Fritz St. and Monroe St.

(b)

Violation of this section shall be punishable as stated in section 1-14 of the City Code.

(Ord. No. 1538, § 2, 1-23-2023)

Sec. 36-277. - Special uses.

(1)

Hotels.

(2)

Short-term rentals.

(Ord. No. 1544, § 11, 4-10-2023)

Editor's note— Ord. No. 1544, § 11 adopted April 10, 2023, added provisions that were not specifically amendatory. At the editor's discretion, said provisions have been added as § 36-277.

Sec. 36-299.- Purpose and intent.

The I-1 Industrial District is intended to provide for areas where any type of manufacturing, processing or production can occur so as to build upon the tax base, and economic situation of the city, but not at the detriment to the remainder of the community. In these areas, a satisfactory correlation of factors required by such uses exists or can be readily achieved.

(Code 1974, § 4-7; Ord. No. 1151, § 4-7, 7-25-2005)

Sec. 36-300. - Use restrictions.

(a)

No nuisances. No production, processing, cleaning, servicing, testing, repair, sale, or storage of goods, materials, or equipment shall unreasonably interfere with the use, occupancy, or enjoyment of neighboring properties or the community as a whole. Unreasonable interferences include, but are not limited to, excessive traffic congestion, loud or shrill noises, excessive emission of smoke, emission of toxic gases, excessive glare, and noxious odors.

(b)

Activities enclosed. All production, processing, cleaning, servicing, testing, or repair activities shall be conducted within completely enclosed walls or fences (whether solid or chain-link), including gates, at least eight feet high.

(c)

Buffer strips. Wherever any industrial use located in this district abuts any residential district, a sufficient buffer strip to control noisome and injurious substances, conditions, and operations shall be installed to protect neighboring properties from such nuisances.

(Code 1974, § 4-7.1; Ord. No. 1151, § 4-7, 7-25-2005)

Sec. 36-301. - Lot and structure requirements.

The lot and structure requirements in the I-1 district are as follows:

(1)

Minimum lot area: 5,000 square feet.

(2)

Minimum lot width: 50 feet at the established building line.

(3)

Minimum lot depth: 100 feet.

(4)

Minimum setback:

a.

From front lot line: 25 feet.

b.

From either side lot: minimum 10 feet, maximum 25 feet.

c.

From rear lot line: 25 feet.

(5)

Maximum building height: 35 feet, unless standpipe is provided.

(6)

Maximum lot coverage: 50 percent.

(Code 1974, § 4-7.2; Ord. No. 1151, § 4-7, 7-25-2005)

Sec. 36-302. - Permitted uses.

The permitted uses in the I-1 district are as follows:

(1)

Assembly, manufacturing, or processing of any commodity from semi-finished materials, provided explosive, or flammable gases or liquids are not involved.

(2)

Government uses of the city.

(3)

Motor freight and bus terminals, and related mass transportation facilities.

(4)

Planned developments limited to the density and uses permitted in this district.

(5)

Research and development facilities not involving explosives, or flammable gases or liquids.

(6)

Towing or wrecker service.

(7)

Vehicular service stations.

(8)

Warehousing or wholesaling of goods, except explosives, flammable gases or liquids, or live animals.

(9)

Uses included within the more restrictive C-1 commercial district as characterized by section 36-232.

(Code 1974, § 4-7.3; Ord. No. 1151, § 4-7, 7-25-2005; Ord. No. 1519, § 4, 4-11-2022; Ord. No. 1594, § 2, 10-28-2024)

Sec. 36-303. - Permitted accessory uses.

The permitted accessory uses in the I-1 district are any accessory uses permitted and as regulated in the C-1 district.

(Code 1974, § 4-7.4; Ord. No. 1151, § 4-7, 7-25-2005)

Sec. 36-304. - Special uses.

Provided all the use restrictions of this district are observed, the following uses may be allowed in the I-1 district by special use permit:

(1)

Assembly, manufacturing, processing, warehousing, or wholesaling involving explosives, flammable gases or liquids.

(2)

Government uses, other than those of the city.

(3)

PUDs, limited to the density and permitted uses of the district.

(4)

Regional pollution control facilities.

(5)

Research and development facilities involving explosives, or flammable liquids or gases.

(6)

Utility substations.

(Code 1974, § 4-7.5; Ord. No. 1151, § 4-7, 7-25-2005)

Sec. 36-327.- General characteristics.

The floodplain district within the jurisdiction of the city delineates areas which are subject to flooding and pose immediate or potential threats to life and property. This area shall be restricted for all but agricultural, parks, open space, and other similar uses.

(Code 1974, § 4-8; Ord. No. 1151, § 4-8, 7-25-2005)

Sec. 36-328. - Special conditions.

While the frequency, duration and extent of flooding may vary, flooding hazards are such that buildings should not be located upon them in most cases. In a few cases, buildings can be built safely if the fill is at least one foot above the 100-year flood boundary or if engineering works, such as dikes or levees, are constructed. Additional limitations upon the use of these soils are unsuitability for the operation of subsoil sewage disposal facilities and unsuitable structural bearing characteristics.

(Code 1974, § 4-8.1; Ord. No. 1151, § 4-8, 7-25-2005)

Sec. 36-360.- General characteristics.

As shown on the official zoning map of the city, areas designated as educational (E-1) shall consist of private or public educational facilities.

(Code 1974, § 4-9; Ord. No. 1397, §§ 2, 9, 10, 4-24-2017)

Sec. 36-361. - General requirements.

(a)

The educational institution has the right to remodel, erect, extend, renovate, and repair existing facilities that have either been damaged or fallen into a state of disrepair.

(b)

Existing educational institutions may build, construct, and erect additional buildings to be used in a manner consistent and compatible with their existing facilities. Such buildings shall be used for educational instruction or other allied purposes.

(c)

Building setback lines must conform to those specified in the adjacent zoning district.

(d)

Construction or alteration of a building or structure shall require a building permit. No building permit shall be required, however, for ordinary maintenance or repair of a building or structure. All construction shall be in compliance with the building, sanitation, electrical and plumbing codes of the city.

(e)

The building and zoning official may require building drawings or site drawings to be submitted by the educational institution showing that the proposed construction is in compliance with the codes mentioned in subsection (d) of this section. The building and zoning official shall require a stormwater drainage plan to be submitted by the educational institution, if he determines that the proposed construction may have an adverse impact on the water drainage system of the city.

(f)

In the event that an educational institution proposes to build a facility to be used for public events or accommodation, a parking facilities plan shall be submitted to the building and zoning official by the institution.

(Code 1974, § 4-9.1; Ord. No. 1397, §§ 2, 9, 10, 4-24-2017)