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Loves Park City Zoning Code

ARTICLE III

DISTRICTS

DIVISION 3. - COMMERCIAL[3]


Footnotes:
--- (3) ---

Cross reference— Businesses, ch. 22.


DIVISION 4. - INDUSTRIAL[4]


Footnotes:
--- (4) ---

Cross reference— Businesses, ch. 22.


Sec. 102-131. - Basic requirements for all districts.

(a)

Generally. This article prescribes the basic site, yard, bulk, usable open space and screening and landscaping regulations and exceptions that shall apply in all districts. These basic requirements are defined and supplemented by additional requirements and exceptions prescribed in subsequent articles of this chapter.

(b)

Other required provisions. All permitted or conditionally permitted uses provided for by this chapter shall:

(1)

Provide off-street parking as prescribed in article V of this chapter.

(2)

Provide off-street loading as prescribed in article V of this chapter.

(3)

Erect or place no sign, outdoor advertising structure of any character except as prescribed in article VI of this chapter.

(Ord. No. 795, § 200, 5-13-74)

Sec. 102-132. - Site area and dimensions; requirements and exceptions.

(a)

Measurement. Measurement in all districts shall be accomplished as follows:

(1)

Required yards shall be measured as the minimum horizontal distance from the interior line of the site or street line parallel thereto on the site, provided that where an official street right-of-way has been adopted by the city council, site area and required yards shall be measured from the future right-of-way line, and no provision of this chapter shall be construed to permit a structure or use to extend beyond such line; and provided further that where a site abuts on a street having only a portion of its required width dedicated or reserved for street purposes, site area and required yards shall be measured from a line drawn on the boundary of the additional width required for street purposes abutting the site.

(2)

On a site which is not rectangular or approximately rectangular in shape, required yards shall be measured in the manner prescribed by the zoning board of appeals.

(3)

On a corridor access lot with an average width that exceeds its average depth, the longer dimension may be considered the depth for purposes of measuring front, side and rear yards.

(b)

Exemptions; nonconforming sites. A site having an area, frontage, width, or depth less than the minimum prescribed for the district in which the site is located, which is shown on a duly approved and recorded subdivision map, or for which a deed or valid contract of sale was of record prior to May 13, 1974, or amendment to this chapter, and which had a legal area, frontage, width, and depth at the time that the subdivision map, deed, or contract of sale was recorded, may be used for any permitted use, but shall be subject to all other regulations for the district in which the site is located.

(c)

Side and rear yards; requirements and exceptions. Requirements and exceptions for side and rear yards are as follows:

(1)

On a reversed corner lot, the minimum rear yard may be not less than the side yard prescribed in this chapter, provided that the side yard adjoining the street shall be not less than the required front yard on the adjoining key lot.

(2)

Where the side or rear lot line of the site of a use other than a residential use adjoins or is across a street from a residential district, the minimum side or rear yard adjoining or opposite the residential district shall be at least ten feet greater than the minimum yard prescribed in this chapter.

(3)

Architectural features including projecting balconies, sills and chimneys, cornices and eaves may extend into a required side yard or a space between structures not more than 18 inches and may extend into a required front or rear yard not more than four feet, provided that no projection shall extend into a public utility easement.

(4)

Open, unenclosed, uncovered metal fire escapes may project into any required yard or space between buildings not more than three feet, provided that no projection shall extend into a public utility easement.

(5)

Fences, walls and hedges not over six feet in height; and walks, driveways, and retaining walls may occupy a required side or rear yard; and fences, walls and hedges not over four feet in height may occupy front yards.

(6)

Open, unenclosed, uncovered balconies, landings, porches, stairways, terraces and decks, located in all residential districts, shall require a minimum rear setback of 15 feet and a minimum side setback of six feet. Open, unenclosed, uncovered, porches, terraces and decks, no part of which is more than five feet above the grade of the ground, may extend into a required front yard not more than eight feet.

(d)

Vision clearance; corner lot.

(1)

Fences, walls, and hedges measuring a maximum of four feet in height are permitted up to the property line, as measured from curb level, except at the intersection of two streets, an intersection of a street and an alley or where two alleys intersect, then the fence height shall be limited to three feet for a distance of 30 feet from that property corner. An exception is allowed for chainlink type fencing, which may be four feet in height up to any intersection, providing that the chainlink is kept free of all vegetation or any other sight restrictions.

(2)

Fences, walls and hedges measuring a maximum of six feet in height are permitted up to the property line along an arterial street if the lot has frontage on a second parallel street and the residence faces the second street. Height is measured from curb level.

(e)

Fencing regulations. All fences shall be installed with the finished side facing the adjacent property and fence posts facing the property on which the fence is placed. There shall be no height restrictions for open mesh type fencing used to enclose publicly owned parks, recreation areas, or school sites. In all cases, barbed wire is not permitted. Fences shall provide a gate for access. Fences may not be located in a drainage easement.

(f)

Depth adjoining freeway or railroad. No site rearing on a freeway or railroad right-of-way shall have a depth of less than 130 feet.

(g)

Refuse disposal and recyclable material storage areas. Provisions shall be made in all multifamily complexes of five units and up and commercial and industrial uses for the temporary storage of refuse and recyclable materials produced on site, subject to the following requirements.

(1)

Such storage shall be placed within a building or in an exterior obscured enclosure. For residential uses, such enclosures shall be screened by a solid (wood) fence or wall adequate to shield all containers within the enclosure. Material within the fenced enclosure shall not extend above the height of the fence or wall, be secured by a solid gate, and not exceed the height of six feet. Enclosures for commercial and industrial properties and businesses shall be poured concrete or masonry to adequately shield containers within the enclosure. Material within the enclosure shall not extend above the height of the enclosure, be secured by a solid gate, and not exceed a height of six feet. The use of chain link fences and slats shall be prohibited in all districts.

(2)

Locations of all refuse and recyclable material storage enclosures shall be generally to the rear of buildings or in areas where minimal exposure to public streets will exist.

(3)

All recyclable materials and other equipment such as grease containers, shall not be placed outside of exterior fenced enclosures.

(4)

All multifamily complexes consisting of three or four units which provide dumpsters for tenants use must comply with items (1), (2) and (3) above.

(Ord. No. 795, § 201, 5-13-74; Ord. No. 2201-95, §§ 1—3, 2-14-95; Ord. No. 2391-97, § 2, 3-3-97; Ord. No. 3007-03, § 1, 7-14-03; Ord. No. 3022-03, § 1, 9-15-03; Ord. No. 4270-19, 5-22-19; Ord. No. 4440-21, 10-11-21; Ord. No. 4647-24, 9-3-24; Ord. No. 4709-25, 5-6-25)

Sec. 102-133. - Building height limits.

(a)

Measurement. The height of a structure shall be measured vertically from the average elevation of the natural grade of the ground covered by the structure to the highest point of the structure or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for a hip, gable or gambrel roof.

(b)

Exceptions.

(1)

Generally. Towers, spires, cupolas, chimneys, penthouses, water tanks, flagpoles, monuments, scenery lofts, radio and television aerials and antennas, transmission towers, fire towers, and similar structures and necessary mechanical appurtenances covering not more than ten percent of the ground area covered by the structure may be erected to a height of not more than 100 feet or not more than 25 feet above the height limit prescribed by the regulations for the district in which the site is located, whichever is less. Utility poles and towers shall not be subject to the height limits prescribed in the district regulations.

(2)

Exception for personal wireless service antennas.

a.

Separation from single family dwellings. Personal wireless communication antennas, with or without antenna support structures, and related electronic equipment and structures, shall not be located within 500 feet from the nearest outside wall of any single family dwelling in existence prior to the commencement of construction of such personal wireless communication antennas.

b.

Height. Personal wireless communication antennas may extend to a height of not more than 150 feet.

c.

Location. Whenever possible, personal wireless communication antennas shall be located on lawfully pre-existing antenna support structures or on other lawfully existing buildings or structures. No special use permits authorizing construction of a new antenna support structures or addition to or expansion of an existing antenna support structure shall be authorized unless the applicant is able to demonstrate that no lawfully preexisting antenna support structure or lawfully preexisting building or structure is available, on commercially reasonable terms, and sufficient for the location of an antenna necessary for the provision of personal wireless service.

d.

Design of new antenna support structures for co-location. Unless otherwise authorized by the city council for good cause shown, every new personal wireless communication antenna support structure shall be designed, constructed and installed to be of a sufficient size and capacity to accommodate at least two additional personal wireless communication providers on such structure in the future. Any special use permit for such a support structure may be conditioned upon the agreement of the applicant to allow a co-location of other personal wireless communication providers on commercially reasonable terms which may be specified in such special use permit.

e.

Monopoles preferred. Every new personal wireless communication antenna support structure that is of a tower design shall be a monopole rather than lattice work, unless otherwise authorized by special use permit. Lighting shall be installed for security and safety purposes only and no signs may be installed thereon unless otherwise required by applicable federal law or regulations.

f.

Protection against climbing. Every personal wireless communication antenna and antenna support structure shall be protected against unauthorized climbing or other access by the public.

g.

Equipment enclosures. All electronic and other related equipment and appurtenances necessary for the operation of any personal wireless communication antennas shall, whenever possible, be located within a lawfully pre-existing structure or completely below grade. When a new structure is required to house such equipment, such structure shall be harmonious with, and blend with, the natural features, buildings and structures surrounding such structure. No outdoor storage of equipment or materials shall be permitted.

h.

Screening. Ground mounted personal wireless communication antennas and antenna support structures and related electronic equipment and equipment structures shall be screened by evergreen trees and a privacy fence of not less than six feet in height. Such screening requirements may be waived by the city council where the operator of such personal wireless communication antenna demonstrates that such screening will substantially interfere with the provision of personal wireless communications, in which case the operator shall provide the maximum reasonably achievable screening.

i.

Compliance with laws and plans. Every personal wireless communication antenna and antenna support structure shall comply with all plans approved by the city and all other codes, ordinances and regulations of the city.

j.

Abandonment and removal.

1.

When one or more antennas, antenna support structures, and/or related equipment are not operated for the provision of personal wireless services for a continuous period of 12 months or more, such antenna, antenna support structure, and/or related equipment shall be deemed to be abandoned and the special use permit therefore shall become null and void, regardless of the intent of the owner or operator thereof.

2.

The owner of the abandoned antenna, antenna support structure, and/or related equipment, or the owner of the property on which it is located, shall remove such items within 90 days following the mailing of written notice from the city that removal is required. Such notice shall be sent by certified or registered mail, return receipt requested, by the city to such owner at the last known address of such owner. If two or more providers of personal wireless services use the antenna support structure and/or related equipment to provide personal wireless services, then the period of nonoperation under this provision shall be measured from the cessation of operation at the location of such antenna support structure and/or related equipment by all such providers.

3.

Any owner receiving a notice from the city pursuant to this subsection may appeal such determination of abandonment by filing a notice of appeal with the zoning board of appeals. The notice of appeal shall set forth all basis on which the owner relies to assert that no such abandonment has occurred.

(c)

Heights greater than prescribed. Additional height may be permitted subject to first obtaining a variation as per article VII of this chapter in each case.

(Ord. No. 795, § 202, 5-13-74; Ord. No. 2533-98, § 2, 8-10-98)

Sec. 102-134. - Lot coverage.

(a)

Maintenance of yards, courts and other open spaces. The maintenance of yards, courts and other open space and minimum lot area legally required for a building shall be a continuing obligation of the owner of such building or the property on which it is located, as long as the building is in existence. Furthermore, no legally required yards, courts or other open space or minimum lot area allocated to any building shall, by virtue of change of ownership or for any other reason be used to satisfy yard, court, other open space or minimum lot area requirements for any other building.

(b)

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

(c)

Location of required open space. All yards, courts and other open spaces allocated to a building or dwelling group shall be located on the same zoning lot as such building or dwelling group.

(d)

Required yards for existing buildings. No yards now or hereafter provided for a building existing on the effective date of Ordinance No. 795 shall subsequently be reduced below, or further reduced below, if already less than, the minimum yard requirements of this chapter for equivalent new construction.

(Ord. No. 795, § 203, 5-13-74)

Sec. 102-135. - Accessory structures.

(a)

Location. Location of accessory structures shall be as follows:

(1)

No accessory structure shall be located in a required front yard.

(2)

When a side yard is required, no part of an accessory building shall be located closer than three feet to the side lot line along such side yard. When a rear yard is required, no part of an accessory building shall be located closer than three feet to the rear lot line or to those portions of the side lot lines abutting such required rear yard. In a residential district, no detached accessory building shall be closer than ten feet to the principal building. Overhanging eaves and gutters may not project more than eight inches into any required side or rear yard.

(3)

No part of any accessory structure may be located within any part of a recorded easement.

(b)

Time for construction. No accessory building or structure shall be constructed on any lot prior to the start of construction of the principal building to which it is accessory.

(c)

Percentage of required rear yard occupied. No accessory building shall occupy more than 40 percent of the area of a required rear yard.

(d)

Height of accessory buildings in required rear yards. No accessory building or portion thereof located in a required side or rear yard shall exceed 15 feet in height.

(e)

On reversed corner lots. On a reversed corner lot in a residential district, no accessory building, or portion thereof shall be located in any yard closer to the street than a distance of one-half the adjacent public right-of-way, not to exceed 60 feet nor less than 30 feet.

(f)

Maximum area permitted in R1 and R2 districts except by variation. The maximum accessory building size permitted in the R1 and R2 districts shall be 80 percent of the square footage of the first floor living area of the principle structure of which they are going to serve, to a maximum of 1,500 square feet, but shall not be limited to less than 1,000 square feet. In calculating the square footage of accessory buildings the area of any attached garages shall be included, and the area of structures 120 square feet or less are excluded.

(g)

Number of permitted accessory structures in residential districts. Except by special use permit, only one accessory structure exceeding 120 square feet in area is permitted, and no more than two accessory buildings of any size are permitted. This requirement applies to any fully or partially enclosed buildings and not to structures such as swimming pools, carports, and ornamental structures.

(h)

Maximum area permitted in other residential districts except by variation. Permitted square footage for accessory structures in all other residential zoning districts shall not exceed 400 square feet times the required number of parking stalls specified for that district in this chapter.

(i)

In commercial districts. Accessory structures in commercial districts are not allowed unless they are approved on the original site plan or unless the property owner obtains all necessary permits prior to said erection. No permit shall be issued for "drop boxes," whose purpose is to collect clothes and donations from the public.

(j)

[Shipping containers, pods, and other storage containers.] Modified or unmodified shipping containers and pods, or other storage container shall not be permitted in any zoning district, unless otherwise permitted by subsection (j)(1)—(6) of this section.

(1)

Modified or unmodified shipping containers or pods, temporary, transportable, movable, un-stationary, portable, or other transferable containers shall only be permitted in residential districts for a period not to exceed 30 days.

(2)

A no fee permit shall be obtained 14 days prior to the placement, location, or parking of any modified or unmodified shipping containers or pods, temporary, transportable, movable, un-stationary, portable, or transferable container may be placed on any residential property. The 30-day permit must be utilized during a six-month period following issuance of the permit.

(3)

Modified or unmodified shipping containers or pods, temporary, transportable, movable, un-stationary, portable, or transferable containers shall only be permitted to be placed on the driveway or designated driveway. Storage containers covered under this chapter shall not be placed on any public right-of-way or easement.

(4)

Modified or unmodified shipping containers or pods, temporary, transportable, movable, un-stationary, portable, or transferable containers shall only be used to store the personal property belonging to the property owner. No construction equipment, building materials, hazardous or flammable substances may be stored inside any container covered by this chapter, nor may any container covered by this chapter be used for occupancy, sleeping, housing of animals, storage of firearms, or storage of materials, which are otherwise unlawful to possess. Structures used in conjunction with commercial development, and a valid building permit posted on site shall be allowed only for the duration of the development.

(5)

Only a single storage container, not to exceed 20′L × 8′H × 10′W, covered under this chapter, shall be allowed on the property. Such container shall be maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, or other defects at all times, and must be equipped with a functional locking device. Storage containers covered under this chapter shall be set back at least five feet from any public right-of-way or easement.

(6)

Any person or business violating this chapter shall be subject to a fine of not less than $75.00 per day, and each day of violation shall constitute a separate offence.

(7)

Modified shipping containers, temporary transportable or transferable structures may be occupied to conduct business on a lot zoned commercial retail when it is part of a precise plan development, and has received approvals through permitting from the building department. The approval shall also be contingent upon approval of the local health department, and if warranted, the local fire department, the International Building Code (IBC), National Electric Code (NEC), Illinois Plumbing Code (IPC), and International Mechanical Code (IMC), unless otherwise permitted by subsection (j) (1)—(7) of this section.

(Ord. No. 795, § 204, 5-13-74; Ord. No. 1141, § 1, 7-14-80; Ord. No. 1518, § 2, 7-8-85; Ord. No. 1534, § 2, 11-12-85; Ord. No. 1750, § 1, 11-7-88; Ord. No. 2149-94, § I, 5-31-94; Ord. No. 3013-03, 8-11-03; Ord. No. 3074-04, § 4, 3-22-04; Ord. No. 3149-05, 1-24-05; Ord. No. 4302-19, 11-4-19; Ord. No. 4521-23, 2-13-23)

Sec. 102-136. - Screening and landscaping.

(a)

Where a site in a commercial or industrial district adjoins a residential district, a solid wall or fence, vine-covered fence or compact evergreen fence shall be located adjoining the property line except in a required front yard. This provision shall not apply to the site of a dwelling adjoining another dwelling or a residential district.

(b)

Where a parking or loading area in a residential district adjoins a street, or where a parking or loading area is located directly across a street or alley from a residential district, a solid wall or fence, vine-covered fence or compact evergreen hedge not less than two feet in height shall be located on the property line.

(c)

A landscaped area as required by a special use permit shall be planned with materials suitable for screening or ornamenting the site, whichever is appropriate, and plant materials shall be replaced as needed to screen or ornament the site. The landscaped area shall be permanently maintained by the owner.

(Ord. No. 795, § 205, 5-13-74)

Sec. 102-137. - Number of buildings on a zoning lot.

More than one principal building may be located on a lot of record in accordance with the provisions of this section as follows: Whenever the lot is a part of, or entirely contained in a precise plan development, or a planned community development, then the number of principal buildings which may be located on the zoning lot shall be the number approved at the time of approval of the plan.

(Ord. No. 795, § 206, 5-13-74; Ord. No. 1180, § 1, 3-16-81; Ord. No. 1301, § 1, 8-16-82)

Sec. 102-151. - RU rural-urban residential district.

(a)

Purpose. The RU rural-urban residential district is hereby included in this chapter to preserve a semirural atmosphere for those who desire it with a high degree of light, air and privacy for each dwelling unit and to provide an adequate separation between dwelling units and facilities for the conduct of certain agricultural pursuits, including the housing of animals on land that may be annexed to the city.

(b)

Required conditions. Required conditions in the RU rural-urban residential district are as follows:

(1)

All uses shall comply with the regulations prescribed in article I of this chapter.

(2)

No use shall be permitted and no process, equipment or material shall be employed which is found by the city council to be objectionable to persons residing or working in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or traffic or to involve any hazard of fire or explosion.

(c)

Permitted uses. 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 RU district except for one or more of the following uses: All uses commonly classed as agricultural, horticultural, or forestry, including crop and tree farming, truck gardening, gardening, together with the operation of any machinery or vehicles incidental to the above uses, provided that the permitted agricultural pursuits are conducted in accord with good practice so as not to be deemed a nuisance.

(d)

Special uses. Any special use as denoted in section 102-157 for the RU district, may be allowed by a special use permit in accordance with the provisions of article VIII of this chapter.

(e)

Lot size. Lot size in the RU district shall be as follows:

(1)

Every principal permitted use in this section shall be located on a tract of land having an area of not less than 20,000 square feet and a width at the established building line of not less than 100 feet.

(2)

Every special use permitted in the RU district shall be located on a tract of land the minimum size of which shall be specified at the time a special use permit is authorized.

(f)

Yard areas. No building in the RU district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front yard. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet.

(2)

Side yard. A side yard on each side of the zoning lot of not less than 15 feet, except where a side yard adjoins a street the minimum width shall be increased to one-half the right-of-way of the adjoining street with a maximum of 60 feet.

(3)

Rear yard. A rear yard of not less than 60 feet.

(g)

Height. In the RU district no building shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(Ord. No. 795, § 600, 5-13-74; Ord. No. 1343, § 3, 2-28-83)

Sec. 102-152. - R1 one-family residential district.

(a)

Purposes. The R1 one-family residential district is included in this chapter to achieve the following purposes:

(1)

To reserve appropriately located areas for family living at a reasonable range of population densities consistent with sound standards of public health and safety.

(2)

To ensure adequate light, air, privacy, and open space for each dwelling.

(3)

To protect one-family and two-family dwellings from the congestion and lack of privacy associated with multifamily dwellings.

(4)

To provide space for semipublic facilities needed to complement urban residential areas and for institutions that require a residential environment.

(5)

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them.

(6)

To provide necessary space for off-street parking of automobiles, and, where appropriate, for off-street loading of trucks.

(7)

To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences.

(8)

To protect residential properties from fire, explosion, noxious fumes and other hazards.

(b)

Required conditions. Required conditions in the R1 one-family residential district shall be as follows:

(1)

All uses shall comply with the regulations prescribed in article I of this chapter.

(2)

No use shall be permitted and no process, equipment, or material shall be employed which is found by the city council to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or traffic or to involve any hazard of fire or explosion.

(c)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be converted, enlarged, or structurally altered in the R1 district, except for one or more of the following uses:

(1)

One-family dwellings.

(2)

Home occupations conducted in accordance with the regulations prescribed in article IV of this chapter.

(3)

Accessory structures located on the same site with a permitted use, including private garages and carports, storehouses, garden structures, greenhouses, recreation rooms and hobby areas within an enclosed structure.

(4)

Swimming pools used solely by persons residing on the site and their guests, provided that no swimming pool or accessory mechanical equipment shall be located in a required front yard or less than ten feet from a property line.

(d)

Special uses. Any special use as denoted in section 102-157 for the R1 district may be allowed by a special use permit in accordance with the provisions of article VIII of this chapter.

(e)

Lot size. Lot size in the R1 district shall be as follows:

(1)

Every principal permitted use hereafter erected or located in the R1 zoning district shall have a lot size of not less than 8,500 square feet, with a minimum width at the established setback line of 80 feet.

(2)

Every special use permitted in the R1 district shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.

(f)

Yard areas. No building in the R1 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building structure or enlargement:

(1)

(a)

Front yard. A front yard within a block, as defined, equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet. Where 50 percent or more of the lots in a block are occupied by buildings, the average setback of such buildings determines the required front yard in the block.

(b)

In the absence of blocks, as defined, the front yard setback shall be determined by taking the average setback of the existing primary structures a distance of 330 feet, on both sides of the subject property to determine the setback.

(2)

Side yard. A side yard on each side of the zoning lot of not less than six feet, except where a side yard adjoins a street, the minimum width shall be increased to equal one-half the right-of-way of the adjoining street with a minimum of 30 feet but not require more than 60 feet.

(3)

Rear yard. A rear yard of not less than 30 feet.

(g)

Height. In the R1 district no building shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(Ord. No. 795, § 601, 5-13-74; Ord. No. 1006, § 1, 6-19-78; Ord. No. 2306-96, § 1, 5-3-96; Ord. No. 4306-19, 11-11-19)

Sec. 102-153. - R2 two-family residential district.

(a)

Purpose. The R2 two-family residential district is included in this chapter to achieve the basic purposes as indicated in section 102-152.

(b)

Required conditions. All uses shall comply with the regulations prescribed in article I of this chapter. No use in the R2 district shall be permitted, and no process, equipment or material shall be employed which is found by the city council to be objectionable to persons residing or working in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or traffic or to involve any hazard of fire or explosion.

(c)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used and no building may be converted, enlarged, or structurally altered in the R2 district, except for the following uses:

(1)

Two-family dwellings.

(2)

Single-family dwellings.

(d)

Special uses. Any special use as denoted in section 102-157 for the R2 district may be allowed by a special use permit in accordance with the provisions of article VIII of this chapter.

(e)

Lot size. The minimum lot size in the R2 zoning district shall be 8,800 square feet and have a minimum lot area of not less than 4,400 square feet for each dwelling unit and a minimum width at the established building setback line of 80 feet. Every single-family dwelling hereafter erected or located in the R2 zoning district shall have the same lot area requirements as found in the R1 zoning district. Every special use permitted in the R2 zoning district shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.

(f)

Yard areas. No building in the R2 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet.

(2)

Side yard. A side yard on each side of the zoning lot of not less than six feet, except where a side yard adjoins a street the minimum width shall be increased to one-half the right-of-way of the adjoining street with a maximum of 60 feet.

(3)

Rear yard. A rear yard of not less than 30 feet.

(g)

Height. In the R2 district no building shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(h)

Landscaping. A landscape plan is required for review and approval. Landscaped lots shall be required to provide landscaping based on a point system. The point system shall be applied to each parcel and the landscaping shall be distributed equally between each dwelling. The landscape requirements shall be a minimum standard for new development, and excludes detached single family residential dwellings. All maintenance shall be the responsibility of the property owner, association, or resident. No landscaping, at maturity, may overhang into the public right-of-way. Landscaping on corner lots shall observe the vision triangle. Planned unit developments shall require a separate review process for meeting landscaping requirements.

(1)

Points per parcel. The required number of points for each parcel shall be determined by dividing the square feet of the parcel by 250. The formula can be expressed as follows: POINTS = SQFT/250. The square footage for recorded easements shall not be included in the calculation.

(2)

Points for shade trees. Shade tree value is five points each. All shade trees shall be planted with a four-inch diameter. The diameter shall be taken at a four-foot height from the tree base, and grow to a minimum height of 25 feet or higher after five years.

(3)

Points for ornamental and conifer trees. Ornamental and conifer tree value is four points each. All ornamental and conifer trees shall be planted with a four-inch diameter. The diameter shall be taken at a four-foot height from the tree base, and grow to a maximum height of 25 feet or smaller. Dwarf tree varieties are not permitted.

(4)

Points for shrubs and bushes. Shrub and bush value is one point each. Shrub and bushes shall be planted at a minimum height of one foot.

(5)

Two shade trees shall be placed in the required front yard building setback. Front yards greater than 80 feet in width shall provide one additional shade tree for each additional 50 feet of frontage. Lots with multiple frontages shall be allowed to split the requirement among each frontage.

(6)

A four-foot landscape area shall span across the above ground living area of each dwelling on all sides unless, at the time of permitting, decks, patios and walkways in the four-foot area are identified on the site plan as part of the initial approval. The landscaping shall consist of any combination of low lying shrubs, conifer or ornamental trees, and perennials. Trees shall be planted at a minimum height of five feet. Ground cover such as mulch, river rock, or some other landscaping material shall be included.

(Ord. No. 795, § 602, 5-13-74; Ord. No. 1343, § 4, 2-28-83; Ord. No. 2306-96, § 1, 5-3-96; Ord. No. 4218-18, 7-23-18; Ord. No. 4253-19, 2-11-19)

Sec. 102-154. - R3 multiple-family residential district.

(a)

Purposes. In addition to the objectives prescribed in section 102-1, the R3 multiple-family residential district is included in this chapter to achieve the following purposes:

(1)

To reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of densities consistent with sound standards of public health and safety.

(2)

To preserve as many as possible of the desirable characteristics on one-family and two-family residential districts while permitting higher population densities.

(3)

To ensure adequate light, air, privacy, and open space for each dwelling unit.

(4)

To provide space for semipublic facilities needed to complement urban residential areas and space for institutions that require a residential environment.

(5)

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them.

(6)

To provide necessary space for off-street parking of automobiles, and, where appropriate, for off-street loading of trucks.

(7)

To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences.

(8)

To protect residential properties from fire, explosion, noxious fumes, and other hazards.

(b)

Required conditions. Required conditions in the R3 multiple-family residential district shall be as follows:

(1)

All uses shall comply with the regulations prescribed in article I of this chapter.

(2)

No use shall be permitted and no process, equipment, or material shall be employed which is found by the city council to be objectionable to persons residing or working in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or traffic or to involve any hazard of fire or explosion.

(c)

Permitted uses. 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 R3 district, except for the following uses:

(1)

Residential structures containing three or more dwelling units.

(2)

Two-family dwellings.

(3)

Single-family dwellings.

(d)

Special uses. Any special use in the R3 district as denoted in section 102-157 for the district may be allowed by a special use permit in accordance with the provisions of article VIII of this chapter.

(e)

Lot size. Lot size in the R3 district shall be as follows:

(1)

The minimum lot size in the R3 zoning district shall be 8,800 square feet, with a minimum width at the established building setback line of 80 feet.

(2)

Every multiple-family dwelling hereafter erected or enlarged shall be located on a lot which provides a minimum of 2,900 square feet of land area for each dwelling unit.

(3)

Every special use permitted in the R3 district shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.

(f)

Yard areas. No building in the R3 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement.

(1)

Front yard. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet.

(2)

Side yard. On every zoning lot, side yards shall be provided as follows:

a.

Every principal permitted use, except multiple-family dwellings shall have the same yard requirements as found in the R2 district.

b.

Every multiple-family dwelling shall have a side yard on each side of not less than six feet and a combined total of side yards of not less than 15 feet.

c.

On corner lots, where the side yard adjoins a street, the minimum width shall be increased to equal one-half the right-of-way of the adjoining street with a minimum of 25 feet but in no case shall a side yard of more than 60 feet be required.

(3)

Rear yard. A rear yard of not less than 25 feet.

(g)

Height. In the R3 district no building shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(h)

Landscaping. A landscape plan is required for review and approval. Landscaped lots shall be required to provide landscaping based on a point system. The point system shall be applied to each parcel and the landscaping shall be distributed equally between each dwelling. The landscape requirements shall be a minimum standard for new development, and excludes detached single family residential dwellings. All maintenance shall be the responsibility of the property owner or association. No landscaping, at maturity, may overhang into the public right-of-way. Landscaping on corner lots shall observe the vision triangle. Planned unit developments shall require a separate review process for meeting landscaping requirements.

(1)

Points per parcel. The required number of points for each parcel shall be determined by dividing the square feet of the parcel by 250. The formula can be expressed as follows: POINTS = SQFT/250. The square footage for recorded easements shall not be included in the calculation.

(2)

Points for shade trees. Shade tree value is five points each. All shade trees shall be planted with a four-inch diameter. The diameter shall be taken at a four-foot height from the tree base, and grow to a minimum height of 25 feet or higher after five years.

(3)

Points for ornamental and conifer trees. Ornamental and conifer tree value is four points each. All ornamental and conifer trees shall be planted with a four-inch diameter. The diameter shall be taken at a four-foot height from the tree base, and grow to a maximum height of 25 feet or smaller. Dwarf tree varieties are not permitted.

(4)

Points for shrubs and bushes. Shrub and bush value is one point each. Shrub and bushes shall be planted at a minimum height of one foot.

(5)

Two shade trees shall be placed in the required front yard building setback. Front yards greater than 80 feet in width shall provide one additional shade tree for each additional 50 feet of frontage. Lots with multiple frontages shall be allowed to split the requirement among each frontage.

(6)

A four-foot landscape area shall span across the above ground living area of each dwelling on all sides unless, at the time of permitting, decks, patios and walkways in the four-foot area are identified on the site plan as part of the initial approval. The landscaping shall consist of any combination of low lying shrubs, conifer or ornamental trees, and perennials. Trees shall be planted at a minimum height of five feet. Ground cover such as mulch, river rock, or some other landscaping material shall be included.

(Ord. No. 795, § 603, 5-13-74; Ord. No. 1343, § 6, 2-28-83; Ord. No. 2306-96, § 1, 5-3-96; Ord. No. 4218-18, 7-23-18; Ord. No. 4253-19, 2-11-19)

Sec. 102-155. - R3A four-family residential district.

(a)

Purpose. The R3A four-family residential district is intended to fulfill the objectives prescribed in subsections 102-154(a)(1) and (3) through (8). This district is applied to select locations throughout the city. Being less restrictive than the R3 and R4 multifamily districts, a specific purpose of the R3A district is to serve as a buffer between them in terms of density and building structural type.

(b)

Required conditions. All required conditions in the R3A district shall be the same as the R3 multifamily district.

(c)

Permitted uses. 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 R3A district, except for the following uses:

(1)

Three-family and four-family dwellings.

(2)

Two-family dwellings.

(3)

Single-family dwellings.

(d)

Special uses. Any special use for the R3A district, as denoted in section 102-157, may be allowed by a special use permit in accordance with the provisions of article VIII of this chapter.

(e)

Lot size. Lot size in the R3A district shall be as follows:

(1)

The minimum lot size in the R3A district shall be 14,600 square feet, with a minimum width at the established building setback line of 80 feet.

(2)

Every multiple-family dwelling hereafter erected or enlarged shall be located on a lot which provides a minimum of 3,650 square feet of land area for each dwelling unit.

(3)

Every special use permitted in the R3A district shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.

(f)

Yard areas. Yard areas in the R3A district shall be the same as the R3 multifamily district.

(g)

Height. In the R3A district, no building shall be erected or altered to a height in excess of 35 feet or 2½ stories.

(h)

Landscaping. A landscape plan is required for review and approval. Landscaped lots shall be required to provide landscaping based on a point system. The point system shall be applied to each parcel and the landscaping shall be distributed equally between each dwelling. The landscape requirements shall be a minimum standard for new development, and excludes detached single family residential dwellings. All maintenance shall be the responsibility of the property owner or association. No landscaping, at maturity, may overhang into the public right-of-way. Landscaping on corner lots shall observe the vision triangle. Planned unit developments shall require a separate review process for meeting landscaping requirements.

(1)

Points per parcel. The required number of points for each parcel shall be determined by dividing the square feet of the parcel by 250. The formula can be expressed as follows: POINTS = SQFT/250. The square footage for recorded easements shall not be included in the calculation.

(2)

Points for shade trees. Shade tree value is five points each. All shade trees shall be planted with a four-inch diameter. The diameter shall be taken at a four-foot height from the tree base, and grow to a minimum height of 25 feet or higher after five years.

(3)

Points for ornamental and conifer trees. Ornamental and conifer tree value is four points each. All ornamental and conifer trees shall be planted with a four-inch diameter. The diameter shall be taken at a four-foot height from the tree base, and grow to a maximum height of 25 feet or smaller. Dwarf tree varieties are not permitted.

(4)

Points for shrubs and bushes. Shrub and bush value is one point each. Shrub and bushes shall be planted at a minimum height of one foot.

(5)

Two shade trees shall be placed in the required front yard building setback. Front yards greater than 80 feet in width shall provide one additional shade tree for each additional 50 feet of frontage. Lots with multiple frontages shall be allowed to split the requirement among each frontage.

(6)

A four-foot landscape area shall span across the above ground living area of each dwelling on all sides unless, at the time of permitting, decks, patios and walkways in the four-foot area are identified on the site plan as part of the initial approval. The landscaping shall consist of any combination of low lying shrubs, conifer or ornamental trees, and perennials. Trees shall be planted at a minimum height of five feet. Ground cover such as mulch, river rock, or some other landscaping material shall be included.

(Ord. No. 795, § 603A, 5-13-74; Ord. No. 1137, § 1, 5-19-80; Ord. No. 1343, § 5, 2-28-83; Ord. No. 2306-96, § 1, 5-3-96; Ord. No. 4218-18, 7-23-18; Ord. No. 4253-19, 2-11-19)

Sec. 102-156. - R4 multiple-family residential district.

(a)

Purpose. The R4 multiple-family district is included in this chapter to achieve the basic purposes as indicated in subsection 102-154(a).

(b)

Required conditions. Required conditions in the R4 district are as follows:

(1)

All uses shall comply with the regulations prescribed in article I of this chapter.

(2)

No use shall be permitted and no process, equipment, or material shall be employed which is found by the city council to be objectionable to persons residing or working in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness or traffic or to involve any hazard of fire or explosion.

(c)

Permitted uses. 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 R4 district, except for the following use:

(1)

Residential structures containing five or more dwelling units.

(2)

Two-family dwellings.

(3)

Single-family dwellings.

(d)

Special uses. Any special use as denoted in section 102-157 for the R4 district may be allowed by a special use permit in accordance with the provisions of article VIII of this chapter.

(e)

Lot size. Lot size in the R4 district shall be as follows:

(1)

The minimum lot size in the R4 zoning district shall be 8,800 square feet, with a minimum width at the established building setback line of 80 feet.

(2)

Every multiple-family dwelling hereafter erected or enlarged shall be located on a lot which provides a minimum of 1,450 square feet of land area for each dwelling unit.

(3)

Every special use permitted in the R4 district shall be located on a lot the size of which shall be specified at the time a special use permit is authorized.

(f)

Yard areas. No building in the R4 district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front yard. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet.

(2)

Side yards. On every zoning lot, side yards shall be provided as follows:

a.

Every principal permitted use, except multiple-family dwellings shall have the same side yard requirements as found in the R2 district.

b.

Every multiple-family dwelling shall have a side yard on each side of not less than six feet and a combined total of side yards of not less than 15 feet.

c.

On corner lots, where the side yard adjoins a street, the minimum width shall be increased to equal one-half the right-of-way of the adjoining street with a minimum of 25 feet, but in no case shall a side yard of more than 60 feet be required.

(3)

Rear yard. A rear yard of not less than 25 feet.

(g)

Height. In the R4 district no building shall be erected or altered to a height in excess of 45 feet or three stories.

(h)

Landscaping. A landscape plan is required for review and approval. Landscaped lots shall be required to provide landscaping based on a point system. The point system shall be applied to each parcel and the landscaping shall be distributed equally between each dwelling. The landscape requirements shall be a minimum standard for new development, and excludes detached single family residential dwellings. All maintenance shall be the responsibility of the property owner or association. No landscaping, at maturity, may overhang into the public right-of-way. Landscaping on corner lots shall observe the vision triangle. Planned unit developments shall require a separate review process for meeting landscaping requirements.

(1)

Points per parcel. The required number of points for each parcel shall be determined by dividing the square feet of the parcel by 250. The formula can be expressed as follows: POINTS = SQFT/250. The square footage for recorded easements shall not be included in the calculation.

(2)

Points for shade trees. Shade tree value is five points each. All shade trees shall be planted with a four-inch diameter. The diameter shall be taken at a four-foot height from the tree base, and grow to a minimum height of 25 feet or higher after five years.

(3)

Points for ornamental and conifer trees. Ornamental and conifer tree value is four points each. All ornamental and conifer trees shall be planted with a four-inch diameter. The diameter shall be taken at a four-foot height from the tree base, and grow to a maximum height of 25 feet or smaller. Dwarf tree varieties are not permitted.

(4)

Points for shrubs and bushes. Shrub and bush value is one point each. Shrub and bushes shall be planted at a minimum height of one foot.

(5)

Two shade trees shall be placed in the required front yard building setback. Front yards greater than 80 feet in width shall provide one additional shade tree for each additional 50 feet of frontage. Lots with multiple frontages shall be allowed to split the requirement among each frontage.

(6)

A four-foot landscape area shall span across the above ground living area of each dwelling on all sides unless, at the time of permitting, decks, patios and walkways in the four-foot area are identified on the site plan as part of the initial approval. The landscaping shall consist of any combination of low lying shrubs, conifer or ornamental trees, and perennials. Trees shall be planted at a minimum height of five feet. Ground cover such as mulch, river rock, or some other landscaping material shall be included.

(Ord. No. 795, § 604, 5-13-74; Ord. No. 1343, § 7, 2-28-83; Ord. No. 2306-96, § 1, 5-3-96; Ord. No. 4218-18, 7-23-18; Ord. No. 4253-19, 2-11-19)

Sec. 102-157. - Schedule of special uses in residential districts.

The schedule of special uses in residential districts is as follows:

RU R1 R2 R3 R3A R4
X X X X X X Accessory structures and uses located on the same site as a special use.
X Airport, aircraft landing field.
X X X X X X Cemeteries, crematories and mausoleums.
X X X X X X Charitable and nonprofit institutions.
X X X X X X Child care facilities.
X X X X X X Churches, rectories, seminaries, convents, monasteries, and similar religious institutions, including dormitories and other accessory uses required for operation.
X X X X X X Community swimming pools or clubs as defined in this chapter with the following restrictions:
(1) The swimming pool shall have an area of no more than 5,000 square feet and shall be on a lot with an area of not less than two acres.
(2) Every pool, building or paved play area shall be no less than 100 feet distant from every abutting property line in any residential district.
(3) Pumps and filtration stations shall be no less than 50 feet from every abutting property line in any residential district.
(4) The sale of refreshments shall be from the principal building only.
X X X X X X Education institutions.
X X X X X X Filling of holes, pits or lowlands with noncombustible material free from refuse and food waste.
X X Funeral homes and mortuaries.
X Golf courses, regulation size and par three, but not including commercially operated driving ranges or miniature golf courses and provided that no clubhouse or accessory building shall be located nearer than 500 feet to any dwelling.
X X X X X X Off-street parking areas, provided there is a need for this facility in the interest of public necessity and convenience, and that no appropriate site is available in nearby business or industrial districts.
X X X X X X Planned developments in accordance with article IX of this chapter.
X X X Private clubs, or lodges, except those the chief activity of which is a service customarily carried on as a business.
X X X X X X Public and community service uses.
X X X Radio and television towers, commercial.
X X X X X X Railroad rights-of-way and trackage, but not including classification yards, terminal facilities, or maintenance facilities.
X X X Rest homes, nursing homes, hospitals and sanitariums, for human beings only.
X X X X X X Row dwellings.
X X X X X X Temporary real estate offices in conjunction with new housing development, limited to the selling or renting of units in such development and in no case to be in operation for more than one year following completion of construction of the housing development.
X Temporary roadside stands for the display, sale, or offering for sale of agricultural products grown or produced on the property.
X Three-family and four-family dwellings
X Five or more dwelling units

 

(Ord. No. 795, § 605, 5-13-74; Ord. No. 1137, § 1, 5-19-80; Ord. No. 1343, § 8, 2-28-83)

Sec. 102-158. - Permitted uses in all residential districts.

The following uses are permitted in all residential districts:

(1)

Home occupations conducted in accordance with the regulations prescribed in article IV of this chapter.

(2)

Accessory structures located on the same site with a permitted use including private garages and carports, storehouses, garden structures, greenhouses, recreation rooms and hobby areas within an enclosed structure.

(3)

Swimming pools used solely by persons residing on the site and their guests, provided that no swimming pool or accessory mechanical equipment shall be located in a required front yard or less than ten feet from a property line.

(Ord. No. 795, § 606, 5-13-74; Ord. No. 1343, § 2, 2-28-83)

Sec. 102-171. - Purpose.

In addition to the objectives prescribed in section 102-1, the commercial districts are included in this chapter to achieve the following purposes:

(1)

To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and wholesale businesses, offering commodities and services required by residents of the city and its surrounding market area.

(2)

To provide opportunities for retail stores, offices, service establishments, amusement establishments, and wholesale businesses to concentrate for the convenience of the public and in mutually beneficial relationship to each other.

(3)

To provide space for community facilities and institutions that may be located in commercial areas.

(4)

To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas.

(5)

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them.

(6)

To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic and other objectionable influences incidental to industrial uses.

(7)

To protect commercial properties from fire, explosion, noxious fumes and other hazards.

(Ord. No. 795, § 700, 5-13-74)

Sec. 102-172. - Required conditions.

(a)

All uses shall comply with the regulations prescribed in article I of this chapter.

(b)

In the CN, CR and CG districts, all businesses, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, exhibits of goods sold or manufactured on the premises, gasoline service stations, outdoor dining areas, nurseries, garden shops, Christmas tree sales lots, bus depots and utility substations, and equipment installations unless otherwise provided for in this chapter.

(c)

No use shall be permitted, and no process, equipment, or material shall be employed which is found by the city council to be objectionable to persons residing or working in the vicinity or injurious to property located in the vicinity by reason of odor, insect nuisance, fumes, dust, smoke, cinders, dirt, refuse, water-carried wastes, noise, vibration, illumination, glare, unsightliness, or heavy truck traffic, or to involve any hazard of fire or explosion.

(d)

Only one dwelling unit shall be permitted by special use permit in the CR and CG districts and only if one or more of the following criteria are met:

(1)

Occupied by the property owner if accessory to a business;

(2)

Occupied by an employee of a business and employed on the site;

(3)

A structure previously used for a residence as a legal, permitted use; or

(4)

Occupancy of a dwelling unit needed for the purpose of providing security for a business or providing a necessary service integral to its effective operation.

(e)

In the CN, CG, and CR districts businesses shall not be allowed to place security bars, retractable or stationary gates on the windows or doors, darken the windows, or fashion security surveillance systems to the exterior of the structure.

(Ord. No. 795, § 701, 5-13-74; Ord. No. 1595, § 2, 10-20-86; Ord. No. 4184-17, 11-13-17)

Sec. 102-173. - CN neighborhood commercial district.

(a)

Special purpose. The CN neighborhood commercial district is established for the convenience of persons residing in nearby residential areas, and is limited to accommodating the basic recurring shopping needs of the typical family. The area of the CN district should be limited in order to reduce the traffic generated to an amount which will not be detrimental to the surrounding residential neighborhood.

(b)

Permitted uses. 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 CN district, except for one or more of the following uses:

(1)

Antique shops.

(2)

Art and school supply stores.

(3)

Art galleries and studios, but not including auction rooms.

(4)

Bakery shops.

(5)

Barbershops and beauty parlors.

(6)

Boardinghouses and lodginghouses.

(7)

Bookstores, stationery stores and record stores.

(8)

Camera shops.

(9)

Candy and ice cream shops.

(10)

Churches, rectories, seminaries, convents, monasteries, and similar religious institutions, including dormitories and other accessory uses required for their operation.

(11)

Clubs, lodges, social and community center buildings, except those a chief activity of which is a gainful service or activity conducted as a business.

(12)

Day care centers and nursery schools.

(13)

Drugstores.

(14)

Dry cleaning and laundry receiving and distribution stations, but not including processing.

(15)

Educational institutions.

(16)

Florist shops, including attached greenhouses with gross floor area no larger than the gross floor area of the florist shops.

(17)

Food and grocery stores.

(18)

Gift shops.

(19)

Hardware stores.

(20)

Laundries, automatic self-service type or hand.

(21)

Newsstands.

(22)

Reserved.

(23)

Package liquor establishments.

(24)

Postal substations.

(25)

Restaurants, but not including drive-ins.

(26)

Reserved.

(27)

Shoe and hat repair shops.

(28)

Studios for musicians, artists, dancing instruction, photographic studios and masseurs.

(29)

Tailor shops.

(30)

Accessory uses as follows:

a.

Including off-street parking and loading in accordance with the provisions of article V of this chapter.

b.

Public utility collection offices.

c.

Public and community service uses.

(c)

Special uses. The following uses in the CN district may be allowed by special use permit in accordance with the provisions of articles I and VIII of this chapter:

(1)

Automobile service station.

(2)

Greenhouses.

(3)

Other retail sales and services accessory to the shopping centers and serving the immediate residential neighborhood.

(4)

Offices, business, medical and professional.

(d)

Yards. No building in the CN district shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement:

(1)

Front yard. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts: however, in no case shall the front yard be less than 30 feet nor require more than 60 feet. Where 50 percent or more of the lots in a block are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block, provided that the minimum allowable setback shall not be less than 20 feet, and provided if there is no other building within 500 feet of the proposed building in either direction, then the standard setback for the CN district shall apply.

(2)

Side. Side setbacks of at least five feet per side are required. On corner lots, where the side yard adjoins a street, the side yard shall be determined in the same manner as the front yard.

(3)

Rear. No rear yard shall be required except where the property adjoins a residential district or a street in which case the rear yard shall be at least 25 feet.

(e)

Height. In the CN district, no building shall be erected or altered to a height in excess of 35 feet.

(f)

Conditions of use. Any use permitted in the CN district shall be subject to the following conditions:

(1)

In any structure containing a commercial use, dwellings are only permitted above the first floor and at a ratio of one dwelling unit per each business tenant.

(2)

All business, except for off-street parking and/or loading shall be conducted within completely enclosed structures.

(3)

Establishments of the drive-in type offering goods and services directly to customers waiting in parked motor vehicles are not permitted.

(4)

Residential densities are restricted to those permitted in the least restrictive adjacent residential area.

(5)

All business establishments shall be retail or service establishments dealing directly with the consumer.

(6)

No parking shall be allowed within the first ten feet of the required front yard adjacent to the right-of-way line.

(7)

All uses must comply with articles V and VI of this chapter.

(8)

Restrictions as required through the special use permit procedure as outlined in article VIII of this chapter.

(Ord. No. 795, § 702, 5-13-74; Ord. No. 1823, § 1, 11-6-89; Ord. No. 2024-92, 11-16-92; Ord. No. 2764-00, § 1, 11-13-00; Ord. No. 2975-03, § 1, 2-10-03; Ord. No. 3203-05, 8-15-05)

Sec. 102-174. - CR retail commercial district.

(a)

Special purpose. The CR retail commercial district is established to accommodate a greater variety or retail goods and services than permitted in the CN district, including business establishments which serve a larger segment of the city than the immediate surrounding residential area. This district includes community shopping centers.

(b)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, enlarged or structurally altered, in the CR district except for one or more of the following uses:

(1)

Any permitted use in the CN district.

(2)

Ambulance service.

(3)

Carpet stores.

(4)

Blueprinting and photostating establishments.

(5)

Bicycle sales and repair.

(6)

Department, dry goods, and discount stores.

(7)

Electrical and household appliance stores, including radio and television sales, but not including appliance assembly or manufacturing.

(8)

Exterminating shops.

(9)

Furniture stores, and upholstery when conducted as part of the retail operations and secondary to the main use.

(10)

Furrier shops, including the incidental storage and conditioning of furs.

(11)

Garden supply and seed stores, including greenhouses.

(12)

Haberdasheries.

(13)

Hobby stores.

(14)

Offices, business, medical and professional, in a multi-tenant building which occupy no more than 25 percent of the total building area.

(15)

Interior decorating shops, including upholstery and making of draperies, slip covers and other similar articles, when conducted as part of the retail operations and secondary to the main use.

(16)

Jewelry and watch repair shops.

(17)

Laboratories, medical, dental, research, experimental and testing, provided no production or manufacturing of products take place.

(18)

Laundry, dry cleaning plant, provided that only nonflammable solvents are used.

(19)

Motels, hotels.

(20)

Musical instrument sales and repair.

(21)

Office supply stores.

(22)

Orthopedic and medical appliance store, but not including the assembly or manufacturing of such articles.

(23)

Paint and wallpaper stores.

(24)

Pet shops.

(25)

Charitable and nonprofit uses or institutions.

(26)

Photography studios, including the development of film and pictures when done as a part of the retail business on the premises.

(27)

Printing and publishing.

(28)

Restaurants and establishments where alcoholic beverages may be served.

(29)

Radio and television broadcasting stations.

(30)

Retail sales stores.

(31)

Schools of instruction that include training for music, dancing, martial arts, as well as, commercial or trade schools.

(32)

Secondhand stores, rummage shops, flea market establishments contained within a building, and consignment shops.

(33)

Sewing machine sales and service.

(34)

Shopping centers.

(35)

Sporting goods stores.

(36)

Taverns, bars, and video gaming establishments. Video gaming establishments are subject to spacing and licensing requirements.

(37)

Taxidermists.

(38)

Theater, indoor.

(39)

Temporary sales, 45 days, i.e. Christmas trees, landscape and nursery supplies.

(40)

Undertaking establishments, funeral parlors, or mortuaries.

(41)

Veterinary clinics.

(42)

Accessory uses as follows:

a.

Including off-street parking and loading in accordance with the provisions of article V of this chapter.

b.

Public utility collection offices.

c.

Public and community service uses.

(43)

Intertrack wagering facility.

(44)

Medical cannabis dispensary shall be a permitted use provided that:

a.

A dispensing organization may not be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part-day child care facility. A registered dispensing organization may not be located in a house, apartment, condominium, or an area zoned for residential use.

b.

A dispensing organization may not be located within 100 feet from any property used for a religious institution.

c.

A dispensing organization may not be located within 100 feet from a property zoned for residential use.

d.

A dispensing organization may not be located within 250 feet from any park facility or facility owned or operated by the Rockford Park District.

e.

A dispensing organization may not be located within 1,000 feet from other medical cannabis dispensaries.

f.

All display of medical cannabis, medical cannabis infused products, cannabis paraphernalia or similar product, must be located in such a way as it is not visible from the exterior of the building.

g.

No temporary signage may be located on the parcel in regards to the operation of the dispensary.

h.

Signage shall be limited to one sign not to exceed ten square feet and one identifying sign not to exceed two square feet, which may only include the address.

i.

No electronic message boards may be used in conjunction with the dispensary.

j.

No signage may be placed on either the interior or exterior of the building which obstructs the windows or doors of the dispensary.

k.

Signage shall not contain cannabis imagery such as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery oriented toward youth, or language referencing cannabis.

l.

Medical cannabis dispensaries shall not be permitted to have a drive-thru of any nature.

For the purpose of this section, measurements shall be made in a straight line, without regard to intervening structures or object, from the nearest property line of the premises where the medical cannabis dispensary is conducted, to the nearest property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part-day child care facility, residentially zoned lot, religious institution, park facility, or another medical cannabis dispensary.

(45)

Gun shops that deal, import, and sell firearms.

(46)

Licensed massage therapy and acupressure establishments subject to state licensing requirements.

(c)

Special uses. The following uses in the CR district may be allowed by special use permit in accordance with the provisions of article VIII of this chapter:

(1)

Automobile fuel stations or repair facilities.

(2)

Restaurants that are drive-in, fast food and/or carryout establishments. And, any establishment offering consumables with a drive-thru window.

(3)

Automobile laundry.

(4)

Automobile sales and services, new and used, on an open lot or within a building, including automobile rentals, truck rentals, and leasing establishments subject to article V of the City's Code.

(5)

Automobile parts and accessory stores.

(6)

Automobile painting and body repair.

(7)

Upholstery shops.

(8)

Miniwarehouses.

(9)

One accessory dwelling unit.

(10)

Hospitals and medical clinics.

(11)

Amusement establishments, bowling alleys, pool halls, dance halls, gymnasiums, swimming pools, skating rinks, and amusement parks.

(12)

Banks and credit unions.

(13)

Offices, business, medical and professional, as a single use on a zoning lot, or which occupy more than 25 percent of the total building area in a multi-tenant building.

(14)

Automatic teller machines (ATMs) which are not located on the premises of the financial institution with which they are affiliated.

(15)

Churches, rectories, seminaries, convents, monasteries, and similar religious institutions, including dormitories and other accessory uses required for their operation.

(16)

Fitness work out establishments where personal training, memberships, pay as you go class services are being offered.

(17)

Banquet halls where consumables will be served, and/or where events will take place, including convention centers.

(18)

Pawn shop or pawnbroker establishments that offer secured loans to people with items of personal property used as collateral.

(19)

Brewery and distillery establishments for brewing beer or liquor.

(20)

Tattooing, body piercing, body branding and body carving, including services that simulate cosmetic make-up. Such establishments shall be subject to the provisions in article V of the City's Code.

(21)

Adult-use cannabis dispensing organization. The proposed facility must comply with the following:

a.

The facility may not be located within 1,000 linear feet of the property line of a pre-existing preschool or primary or secondary school. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. Measurement shall be from property line to the facility building.

b.

Facility may not be located in a dwelling unit or within 250 linear feet of the property line of a pre-existing property with residential zoning, day care home, or residential care home. Measurement shall be from property line to facility building.

c.

At least 75 percent of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises.

d.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Illinois Cannabis Regulation and Tax Act, (P.A. 101-0027).

e.

Facility shall be prohibited from on-site consumption of cannabis or cannabis infused food items.

f.

For purposes of determining required parking, adult-use cannabis dispensing organization, shall refer to chapter 102, article V, Off-Street Parking and Loading, however, the city may require that additional parking be provided as a result of the analysis of proposed site and facility location.

g.

Facility may not be located within a distance of one and one-half miles (7,920 linear feet) of an existing adult-use cannabis dispensing organization. Measurement shall be from building to building.

h.

Facility may not be located within 500 linear feet of any existing public park facility, public or private nursery school, or day care center. Measurement shall be from property line to facility building.

(22)

Pet daycare, pet grooming and pet training establishments.

(23)

Veterinary clinics.

(d)

Yards. No building in the CR district shall be erected or enlarged unless the following setbacks are provided and maintained in connection with such building, structure or enlargement:

(1)

Front yard. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts: however, in no case shall the front yard be less than 30 feet nor require more than 60 feet. Where 50 percent or more of the lots in a block are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block, provided that the minimum allowable setback shall not be less than 20 feet, and provided if there is no other building within 500 feet of the proposed building in either direction, then the standard setback for the CR district shall apply.

(2)

Side. Side setbacks of at least five feet per side for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum side setback shall be increased by one foot for each four feet, or fraction thereof, by which the building height exceeds 25 feet, but in no case shall the combined side setback of more than 30 feet be required. On corner lots, where the side yard adjoins a street, the side yard shall be determined in the same manner as the front yard.

(3)

Rear. A rear setback of at least 20 feet.

(e)

Height. In the CR district there shall be no height regulations.

(f)

Conditions of use. Any use permitted in the CR district shall be subject to the following conditions:

(1)

All uses must comply with articles V and VI of this chapter.

(2)

Restrictions as required through the special use permit procedure outlined in article VIII of this chapter.

(3)

Within the front yard, parking shall be allowed to the property line except within 30 feet of a right-of-way corner.

(g)

Commercial material guidelines:

(1)

All building facades, public or private, shall be designed to enhance the character of the zoning district with the use of durable natural materials.

Approved exterior materials

• Brick or brick veneer

• Natural stone (limestone, brownstone, lannon stone, marble or granite)

• Concrete tile roofing

• Cement-fiber siding

• Decorative concrete masonry units (CMU) - plain concrete blocks shall not be exposed

• Concrete, including pre-cast panels, shall be used when incorporating color, texture and architectural finish features

• Exterior grade wood - accent only

• Composite or manufactured wood siding - accent only

• Stucco or EFIS - shall not be used on first story, and shall not exceed 30 percent of wall area

• Vinyl - accent only

• Glass block - only as a feature element, not for glazing or windows

• Brick and stone pavers

• Manufactured stone

• Commercial grade asphalt shingles

• Slate roofing

• Glass

• Metal or synthetic panels - shall not exceed 20 percent of the exterior building materials used

• Corrugated metal, or corrugated synthetic materials shall not exceed 20 percent of the exterior building materials used

Unapproved exterior materials

• Aluminum siding

• Veneer based plywood siding

• Plywood panels

• Plexi-glass or resins

• Standing seam or batten seam metal roofing - unless dictated by the specific architectural style

• Painted smooth-faced concrete masonry units - unless used in locations behind screened walls

• Exposed steel framing - unless integral to the design

• T1-11 siding

• Corrugated tin roofing - unless dictated by the specific architectural style

• Smooth or exposed concrete block

(2)

Building and signage colors shall consist of earth tone, neutral or low reflectivity colors.

(Ord. No. 795, § 703, 5-13-74; Ord. No. 1090, § 2, 9-10-79; Ord. No. 1391, § 2, 9-12-83; Ord. No. 1525, § 2, 9-3-85; Ord. No. 1586, § 2, 9-22-86; Ord. No. 1595, § 4, 10-20-86; Ord. No. 1615, § 2, 3-9-87; Ord. No. 1716, § 1, 6-21-88; Ord. No. 1751, § 1, 11-7-88; Ord. No. 1804, § 1, 9-11-89; Ord. No. 1823, § 1, 11-6-89; Ord. No. 2975-03, § 1, 2-10-03; Ord. No. 3203-05, 8-15-05; Ord. No. 3364-07, 6-11-07; Ord. No. 3991-14, § 2, 12-22-14; Ord. No. 4184-17, 11-13-17; Ord. No. 4255-19, 2-11-19; Ord. No. 4375-20, 11-2-20; Ord. No. 4474-22, § 2, 4-11-22; Ord. No. 4515-22, 12-12-22; Ord. No. 4648-24, 9-3-24; Ord. No. 4650-24, 9-3-24)

Sec. 102-175. - CG general commercial district.

(a)

Special purpose. The CG general commercial district is established to accommodate a greater variety of goods and services than permitted in the other commercial districts. It is designed to accommodate types of commercial uses including, but not limited to, retail and wholesale sales and services and auto oriented high traffic generated uses.

(b)

Permitted uses. 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 CG district except for one or more of the following uses:

(1)

Agricultural implement sales and service, on an open lot or within a building.

(2)

Ambulance service.

(3)

Reserved.

(4)

Auction rooms.

(5)

Automobile laundry.

(6)

Automobile sales and services, new and used, on an open lot or within a building as a stand-alone use. Automobile rentals, truck rentals, and leasing establishments shall be permitted as a stand-alone use, both subject to article V of the City's Code.

(7)

Automobile service stations.

(8)

Automobile parts and accessory stores.

(9)

Automobile painting and body repair.

(10)

Beverages, bottling and distribution.

(11)

Bus terminals.

(12)

Bakeries, wholesale.

(13)

Building maintenance service.

(14)

Cabinet sales.

(15)

Carpet and rug dealers, carpet and rug cleaners.

(16)

Contractor's offices and shops, when fabricating is done on the premises and when all storage of material and equipment is within a building (i.e. lumberyards), blacksmith, contractor equipment rental, cabinet shop.

(17)

Dental equipment supplies, dental laboratories, druggists' supplies, wholesale.

(18)

Dry cleaning plants.

(19)

Electrical repair shops.

(20)

Food, grocery and liquor establishments.

(21)

Freight terminals, including packaging and crating.

(22)

Furnace dealer, furnace cleaning and repairing.

(23)

Frozen food distributors.

(24)

Groceries, wholesale distributors.

(25)

Greenhouses, for retail trade on the premises.

(26)

Hotels, motels.

(27)

Heating and air conditioning sales and service.

(28)

Live bait shops.

(29)

Locksmith shops.

(30)

Lumberyards and landscape establishments with no outside storage.

(31)

Monument sales, on an open lot or within a building.

(32)

Open sales lots (Marina, boat, mobile home, automobile, travel trailer, farm implement, nursery, etc.).

(33)

Paint dealers, wholesale and retail.

(34)

Plumbing shops, plumbing contractors.

(35)

Plastering contractors.

(36)

Printing and publishing.

(37)

Private clubs, lodges and meeting halls.

(38)

Radio and television.

(39)

Refrigeration and freezer sales and service.

(40)

Rental services and yards.

(41)

Restaurants.

(42)

Sign painters and erectors.

(43)

Secondhand shops.

(44)

Sheet metal shops.

(45)

Reserved.

(46)

Tree surgeon's service.

(47)

Tobacco dealers, wholesale.

(48)

Upholstery shops.

(49)

Vending companies.

(50)

Veterinary clinics.

(51)

Wholesale, distribution and warehouse facilities.

(52)

Accessory uses as follows:

a.

Including off-street parking and loading in accordance with the provisions of article V of this chapter.

b.

Public utility collection offices.

c.

Public and community service uses.

(53)

Intertrack wagering facility.

(54)

Video gaming establishments subject to spacing and licensing requirements.

(55)

Restaurants that are drive-in, fast food and/or carryout establishments. And, any establishment offering consumables with a drive-thru window, subject to vehicle stacking requirements.

(56)

Brewery and distillery establishments for brewing beer and liquor.

(57)

Reserved.

(58)

Pet daycare, pet grooming and pet training establishments.

(59)

Pawn shop or pawnbroker establishments that offer secured loans to people with items of personal property used as collateral, excepting those establishments that provide vehicle title loans.

(c)

Special uses. The following uses in the CG district may be allowed by special use permit in accordance with the provisions of articles I and VIII of this chapter:

(1)

Automobile and motorcycle racing tracks and drag strips.

(2)

Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks, kiddie parks and other similar amusement centers, and including places of assembly devoted thereto, such as stadiums and arenas.

(3)

Outdoor theaters.

(4)

Welding shops.

(5)

Restaurants, drive-in, fast food and/or carryout.

(6)

Tattooing, body piercing, body carving, including services that simulate cosmetic make-up. Such establishments shall be subject to the provisions in article V of the City's Code.

(7)

One accessory dwelling unit.

(8)

Amusement establishments, bowling alleys, pool halls, dance halls, gymnasiums, swimming pools, skating rinks, and amusement parks.

(9)

Mini warehouse storage buildings with or without outside storage, including permitted uses in the CG district where outside storage is desired.

(10)

Fire arm practicing ranges associated with fire arm sales.

(d)

Yards. No building in the CG district shall be erected or enlarged unless the following setbacks are provided and maintained in connection with such building, structure or enlargement:

(1)

Front yard. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts: however, in no case shall the front yard be less than 30 feet nor require more than 60 feet. Where 50 percent or more of the lots in a block are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block provided that the minimum allowable setback shall not be less than 20 feet, and provided if there is no other building within 500 feet of the proposed building in either direction, then the standard setback for the CG district shall apply.

(2)

Side. Side setbacks of at least five feet per side for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum side setback shall be increased by one foot for each four feet, or fraction thereof, by which the building height exceeds 25 feet, but in no case shall the combined side setback of more than 30 feet be required. On corner lots, where a side yard adjoins a street, the side yard shall be determined in the same manner as the front yard.

(3)

Rear. A rear setback of at least 20 feet.

(e)

Height. In the CG district there shall be no height regulations.

(f)

Conditions of use. Any use permitted in the CG district shall be subject to the following conditions:

(1)

All uses must comply with articles V and VI of this chapter.

(2)

Restrictions as required through the special use permit procedure outlined in article VIII of this chapter.

(3)

Within the front yard, parking shall be allowed to the property line except within 30 feet of a right-of-way corner.

(g)

Commercial material guidelines:

(1)

All building facades, public or private, shall be designed to enhance the character of the zoning district with the use of durable natural materials.

Approved exterior materials

• Brick or brick veneer

• Natural stone (limestone, brownstone, lannon stone, marble or granite)

• Concrete tile roofing

• Cement-fiber siding

• Decorative concrete masonry units (CMU) - plain concrete blocks shall not be exposed

• Concrete, including pre-cast panels, shall be used when incorporating color, texture and architectural finish features

• Exterior grade wood - accent only

• Composite or manufactured wood siding - accent only

• Stucco or EFIS - shall not be used on first story, and shall not exceed 30 percent of wall area

• Vinyl - accent only

• Glass block - only as a feature element, not for glazing or windows

• Brick and stone pavers

• Manufactured stone

• Commercial grade asphalt shingles

• Slate roofing

• Glass

• Metal or synthetic panels - shall not exceed 30 percent of the exterior building materials used

• Corrugated metal, or corrugated synthetic materials shall not exceed 30 percent of the exterior building materials used

Unapproved exterior materials

• Aluminum siding

• Veneer based plywood siding

• Plywood panels

• Plexi-glass or resins

• Standing seam or batten seam metal roofing - unless dictated by the specific architectural style

• Painted smooth-faced concrete masonry units - unless used in locations behind screened walls

• Exposed steel framing - unless integral to the design

• T1-11 siding

• Corrugated tin roofing - unless dictated by the specific architectural style

• Smooth or exposed concrete block

(2)

Building and signage colors shall consist of earth tone, neutral or low reflectivity colors.

(Ord. No. 795, § 704, 5-13-74; Ord. No. 1090, § 3, 9-10-79; Ord. No. 1215, § 1, 5-26-81; Ord. No. 1595, § 5, 10-20-86; Ord. No. 1615, § 3, 3-9-87; Ord. No. 1751, § 1, 11-7-88; Ord. No. 1823, § 1, 11-6-89; Ord. No. 1853, § 1, 5-7-90; Ord. No. 2975-03, § 1, 2-10-03; Ord. No. 3823-12, § 2, 8-13-12; Ord. No. 4184-17, 11-13-17; Ord. No. 4255-19, 2-11-19; Ord. No. 4649-24, 9-3-24; Ord. No. 4668-25, 1-6-25; Ord. No 4669-25, 1-6-25)

Sec. 102-176. - CO commercial office district.

(a)

Special purpose. The CO commercial office district is established primarily to accommodate business and professional offices and institutional uses. This district is applied to select locations throughout the city. Being less restrictive than the residential (R) districts and, generally, more restrictive than other business and commercial (C) districts, it may serve as a transition zone between them.

(b)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, enlarged or structurally altered, in the CO district except for one or more of the following uses:

(1)

Churches, rectories, seminaries, convents, monasteries, and similar religious institutions, including dormitories and other accessory uses required for their operation.

(2)

Clubs and lodges.

(3)

Fraternal and philanthropic uses or institutions.

(4)

Funeral homes.

(5)

Institutions for the aged or for children.

(6)

Offices, businesses and professional, not including medical clinics.

(7)

Radio and television broadcasting studios.

(8)

Rest homes, nursing homes, hospitals and sanitariums, for human beings only.

(9)

Schools, day or nursery, public or private.

(c)

Special uses. The following uses in the CO district may be allowed by special use permit in accordance with the provisions of articles I and VIII of this chapter:

(1)

Any permitted use in the CR district excepting those involved in food processing or preparation; goods or food distribution or warehousing.

(2)

Dwelling units above the first floor.

(3)

Medical clinics.

(d)

Yards. No building in the CO district shall be erected or enlarged unless the following setbacks are provided and maintained in connection with such building, structure or enlargement:

(1)

Front yard. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts: however, in no case shall the front yard be less than 30 feet nor require more than 60 feet. Where 50 percent or more of the lots in a block are occupied by buildings, the average setback of such buildings determines the dimension of the front yard in the block provided that the minimum allowable setback shall not be less than 20 feet, and provided if there is no other building within 500 feet of the proposed building in either direction, then the standard setback for the CO district shall apply.

(2)

Side yard. A side yard on each side of not less than five feet and a combined total of side yards of not less than 15 feet. On corner lots where the side yard adjoins the street, the minimum width shall be increased to equal one-half the right-of-way of the adjoining street with a minimum of 25 feet, but in no case shall a side yard of more than 60 feet be required.

(3)

Rear. A rear setback of at least 30 feet.

(e)

Height. In the CO district no building shall be erected or altered to a height in excess of 35 feet, except in accordance with article VIII of this chapter.

(f)

Conditions of use. Any use permitted in the CO district shall be subject to the following conditions:

(1)

All uses must comply with articles V and VI of this chapter.

(2)

No paved, gravel or similar surface or parking shall be permitted in the first ten feet of front and rear yards or the first five feet of side yards except for corner lots and that common driveways are permitted. All unpaved areas shall be permanently landscaped and maintained. In addition, the mayor and city council may require that landscaped strips or screening be provided and maintained in such areas.

(Ord. No. 795, § 705, 5-13-74; Ord. No. 1135, § 1, 5-12-80; Ord. No. 1823, § 1, 11-6-89; Ord. No. 2975-03, § 1, 2-10-03; Ord. No. 4533-23, 4-10-23; Ord. No. 4534-23, 4-10-23)

Sec. 102-186. - Purposes.

In addition to the objectives prescribed in section 102-1, the industrial districts are included in this chapter to achieve the following purposes:

(1)

To reserve appropriately located areas for industrial plants and related activities.

(2)

To protect areas appropriate for industrial use from intrusion by dwellings and other inharmonious uses.

(3)

To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationship to each other.

(4)

To provide adequate space to meet the needs of modern industrial development, including off-street parking and truck loading areas and landscaping.

(5)

To provide sufficient open space around industrial structures to protect them from the hazard of fire and to minimize the impact of industrial plants on nearby residential and commercial districts.

(6)

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them.

(Ord. No. 795, § 800, 5-13-74)

Sec. 102-187. - Required conditions.

(a)

All uses shall comply with the regulations prescribed in articles I, VI, and VII of this chapter.

(b)

No use shall be permitted which emits dangerous radioactivity.

(c)

No use shall be permitted which creates insect nuisances beyond the boundaries of the site.

(d)

All uses shall comply with the performance standards as cited in the "Environmental Protection Act," (415 ILCS 5/1 et seq.) effective July 1, 1970, as amended, State of Illinois.

(e)

In the light industrial district, all production, processing, servicing, testing, repair or storage of materials or goods, equipment or products shall take place within completely enclosed buildings. Outdoor storage will be allowed by special use permit as regulated in article VIII of this chapter.

(f)

All outdoor storage should be screened by a site-obscuring fence or landscaped hedge when such zoning lot is fronting a street or highway and/or adjacent to a residential district.

(g)

One dwelling unit per zoning lot by special use permit subject to the same conditions of use as apply in the CG district.

(Ord. No. 795, § 801, 5-13-74; Ord. No. 977, §§ 1, 2, 2-6-78; Ord. No. 1595, § 3, 10-20-86)

Sec. 102-188. - IL light industrial district.

(a)

Special purpose. The IL light industrial district is intended to accommodate light manufacturing, wholesale and research establishments. The IL district may be located in various areas throughout the community and may be in close proximity to residential neighborhoods and not be detrimental to residential uses because of its limited nature. While most often applied to areas where the location of particular industries has no direct relationship to other nearby business or industrial districts, it may also be formed as an adjunct to these established districts.

(b)

Permitted uses. Unless otherwise provided in this chapter, no building or land may be used, and no building may be erected, converted or enlarged or structurally altered in the IL district except for one or more of the following uses:

(1)

Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conform to the performance standards established for this article, but not including any of the uses listed as permitted in the IH heavy industrial district.

(2)

Wholesaling and warehousing; local cartage and express facilities, but not including motor freight terminals.

(3)

Public and community service uses, as follows:

a.

Electric substations.

b.

Fire stations.

c.

Municipal or privately owned recreation buildings or community centers.

d.

Parks and recreation areas.

e.

Police stations.

f.

Radio and television towers.

g.

Sewage lift station.

h.

Telephone exchanges.

i.

Water filtration plants.

j.

Water pumping stations.

k.

Water reservoirs.

(4)

Temporary buildings for construction purposes, for a period not to exceed the duration of such constructions.

(5)

Accessory structures and uses.

(6)

Outdoor theaters.

(7)

Intertrack wagering facility.

(8)

Medical cannabis cultivation center shall be a permitted use provided that:

a.

A registered cultivation center may not be located within 2,500 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-day child care facility, or an area zoned for residential use.

For the purpose of this section, measurements shall be made in a straight line, without regard to intervening structures or object, from the nearest property line of the premises where the medical cannabis cultivation center is conducted, to the nearest property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, part-day child care facility, or an area zoned for residential use.

(9)

Towing businesses without outside storage of vehicles.

(10)

Tattooing, body piercing, body branding and body carving, including services that simulate cosmetic make-up. Such establishments shall be subject to the provisions in article V of the City's Code.

(11)

Auto painting and repair establishments.

(12)

Reserved.

(13)

Fire arm practicing ranges as a standalone use.

(14)

Adult-use cannabis craft grower and cultivation center. The proposed facility must comply with the following:

a.

Facility building may not be located within 200 feet of the property line of a preexisting public or private nursery school, pre-school, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. Measurement shall be from property line to facility building.

b.

Facility may not be located within 200 feet of the property line of a preexisting property with residential zoning. Measurement shall be from residential property line to facility building.

c.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Illinois Cannabis Regulation and Tax Act, (P.A. 101-0027).

d.

For purposes of determining required parking, adult-use cannabis craft grower shall refer to chapter 102, article V, Off-Street Park and Loading, however, the city may require that additional parking be provided as a result of the analysis of proposed site and facility location.

e.

Facility shall be required to provide internal and external video surveillance and security system that saves footage of the past 24 hours for a minimum of seven days.

(15)

Adult-use cannabis infuser or processing/processor organization. The proposed facility must comply with the following:

a.

Facility may not be located within 500 linear feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. Measurement shall be from property line to facility building.

b.

Facility may not be located in a dwelling unit or within 250 linear feet of the property line of a pre-existing property with residential zoning. Measurement shall be from residential property line to facility building.

c.

At least 75 percent of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Illinois Cannabis Regulation and Tax Act, (P.A. 101-0027).

d.

For purposes of determining required parking, adult-use cannabis infuser organization, shall refer to chapter 102, article V, Off-Street Parking and Loading, however, the city may require that additional parking be provided as a result of the analysis of proposed site and facility location.

(16)

Adult-use cannabis transporting organization. The proposed facility must comply with the following:

a.

Facility may not be located within 500 linear feet of the property line of a preexisting public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section. Measurement shall be from property line to facility building.

b.

Facility may not be located in a dwelling unit or within 250 linear feet of the property line of a pre-existing property with residential zoning. Measurement shall be from residential property line to facility building.

c.

The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Illinois Cannabis Regulation and Tax Act, (P.A. 101-0027).

d.

For purposes of determining required parking, adult-use cannabis infuser organization, shall refer to chapter 102, article V, Off-Street Parking and Loading, however, the city may require that additional parking.

(17)

Any use which may be allowed as a permitted use or special use in the CR district.

(c)

Special uses. The following uses may be allowed by special use permit in accordance with the provisions of article VIII of this chapter.

(1)

Reserved.

(2)

Airport or aircraft landing fields.

(3)

Stadiums, auditoriums and arenas.

(4)

Veterinarians' offices and hospitals.

(5)

One accessory dwelling unit.

(6)

Pet daycare establishments and pet training facilities.

(7)

Mini warehouse storage units without outdoor storage.

(8)

Any use which may be allowed as a permitted use or special use in the CG district.

(d)

Yards. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings:

(1)

Front. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet.

(2)

Side. A side yard on each side of the zoning lot of not less than ten feet. On corner lots, where the side yard adjoins a street, the side yard shall be determined in the same manner as the front yard.

(3)

Rear. In a zoning lot abutting a residential district, there shall be a required rear yard at least 30 feet in depth.

(e)

Height. In the IL district there shall be no height regulations.

(Ord. No. 795, § 802, 5-13-74; Ord. No. 1595, § 6, 10-20-86; Ord. No. 1615, § 4, 3-9-87; Ord. No. 3992-14, § 2, 12-22-14; Ord. No. 4185-17, 11-13-17; Ord. No. 4327-20, 3-9-20; Ord. No. 4375-20, 11-2-20; Ord. No. 4732-25, 8-20-25)

Sec. 102-189. - IG industrial general district.

(a)

Special purpose. The IG industrial general district is intended to accommodate those industrial uses which may not or cannot meet standards of the IL district yet do not have the objectionable influences of those uses found in the IH district. The IG district shall not be located in close proximity to a residential district.

(b)

Required conditions. Required conditions in the IG district are as follows:

(1)

All production, processing, servicing, testing, repair or storage of materials, goods or products shall take place within completely enclosed buildings, except that outdoor storage of materials shall be within completely enclosed areas with a perimeter fence at least six feet in height. Outdoor storage shall be limited as outlined in section 102-9, definitions.

(2)

All uses shall comply with the performance standards as cited in the "Environmental Protection Act" (415 ILCS 5/1 et seq.) effective July 1, 1970, as amended, State of Illinois.

(c)

Permitted uses. Unless otherwise provided for in this chapter, no building or land use may be used, and no building may be erected, converted, enlarged or structurally altered in the IG district except for one or more of the following uses: Any use or special use permitted in the IL district.

(d)

Special uses. The following uses may be allowed in the IG district by special use permit in accordance with the provisions of article VIII of this chapter.

(1)

Reserved.

(2)

Junkyards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened from view from adjacent property or rights-of-way.

(3)

Stone and gravel quarries and crushing, grading, washing and loading equipment and structures.

(4)

Race track.

(5)

Sanitary landfill.

(6)

One accessory dwelling unit.

(e)

Yards. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings:

(1)

Front. A front yard of at least 25 feet for buildings under 25 feet in height. For buildings exceeding 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 60 feet be required.

(2)

Side. A side yard equal to at least ten feet; except, on corner lots, where the side yard adjoins a street, the side yard shall be the same as the front yard.

(3)

Rear. A rear setback of at least 20 feet.

(f)

Height. In the IG district, no building shall be erected or altered to a height in excess of 75 feet.

(Ord. No. 795, § 804, 5-13-74; Ord. No. 1216, § 1, 6-1-81; Ord. No. 1595, § 8, 10-20-86; Ord. No. 4731-25, 8-20-25)

Sec. 102-190. - IH heavy industrial district.

(a)

Special purpose. The purpose of the IH heavy industrial district is to accommodate those heavier manufacturing and other industrial uses which have objectionable influences, but which, nevertheless, should be provided for somewhere in the community. The IH district is, insofar as possible, applied to locations removed from the residential districts on the basis of linear distance of natural or manmade features.

(b)

Permitted uses. 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 IH district, except for one or more of the following uses:

(1)

Any use permitted in the IL district.

(2)

Production, processing, cleaning, servicing, testing and repair, including the following uses and manufacturing of the following products:

a.

Coal, coke and tar products, including gas manufacturing.

b.

Electric central station, power and steam-generating plants.

c.

Explosives, when not prohibited by other ordinances.

d.

Feed and fuel stores.

e.

Fertilizers.

f.

Film, photographic.

g.

Flour, feed and grain: milling and processing.

h.

Freight, forwarding terminals.

i.

Gelatin, glue and size: animal.

j.

Incineration or reduction of garbage, offal and dead animals.

k.

Linoleum and oilcloth.

l.

Magnesium foundries, matches.

m.

Metal and metal ores (except precious and rare metals): reduction, refining, smelting, and alloying.

n.

Paint, lacquer, shellac, varnishes, linseed oil and turpentine.

o.

Petroleum, products, refining, such as gasoline, kerosene, naphtha, lubricating oil and liquefied petroleum gases.

p.

Rubber, natural or synthetic.

q.

Sewage treatment plants.

r.

Soaps, including fat and oil rendering.

s.

Starch.

t.

Stockyards, slaughterhouses and abattoirs.

u.

Stone and gravel quarries and crushing, ready-mix batch plants, grading, washing and loading equipment and structures.

v.

Storage yards for commercial vehicles.

1.

Evening, overnight, weekly, and monthly semi/semi-tractor trailer parking that is rented or offered free to commercial vehicles.

w.

Truck terminals.

x.

Woods, coal and bones, distillation.

y.

Wood pulp and fiber, reduction and processing, including paper mill operations.

z.

Any other production, processing, cleaning, servicing, testing, and repair which conforms with the required conditions established for the IH district.

(3)

Storage, including the following uses and materials or products:

a.

Goods used in or produced by manufacturing activities permitted in the district.

b.

Dumps and slag piles.

c.

Explosives when not prohibited by other ordinances.

d.

Grain.

e.

Manure, peat and topsoil.

f.

Petroleum and petroleum products.

(4)

Miscellaneous uses, as follows: railroad freight terminals, motor freight terminals, railroad switching and classification yards, repair shops and roadhouses.

(5)

Sexually oriented businesses shall be a permitted use provided that:

a.

A sexually oriented business may not be operated within 1,000 feet of the following previously established uses:

1.

A church, synagogue or regular place of worship;

2.

A public or private elementary or secondary school;

3.

Any property legally used or zoned for residential purposes;

4.

A public park;

5.

A day care facility; or

6.

Another sexually oriented business.

b.

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest property line of the premises where a sexually oriented business is conducted, to the nearest property line of a church, school, park, day care facility, residential use or other sexually oriented business, or to the nearest boundary of a residential zoning district.

c.

Nothing in this section shall be interpreted to authorize or permit any activity or conduct prohibited by any local, state or federal law, including but not limited to, obscenity and prostitution.

(c)

Special uses. Any use in the IH district which may be allowed as a special use in the IL district may be allowed by special use permit in accordance with the provisions of article VIII of this chapter. The uses are as follows:

(1)

Production, processing, testing and manufacturing of the following products unless specifically prohibited by the city: Chemicals including acetylene, aniline dyes, ammonia, carbine, caustic soda, cellulose, chlorine, carbon black and bone black, cleaning and polishing preparation, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating of cotton or other materials, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yard, hydrochloric, nitric and sulphuric acids and derivatives.

(2)

Junkyards and automobile wrecking yards, provided they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least 12 feet high.

(3)

Railroad roundhouses, maintenance buildings and switching yards.

(4)

One accessory dwelling unit.

(d)

Yards. No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such buildings:

(1)

Front. A front yard equal to at least one-half the right-of-way of the street on which the lot fronts; however, in no case shall the front yard be less than 30 feet nor require more than 60 feet.

(2)

Side. A side yard on each side of the zoning lot of not less than ten feet. On corner lots, where a side yard adjoins a street, the side yard shall be determined in the same manner as the front yard.

(3)

Rear. In a zoning lot abutting a residential district, there shall be a required rear yard at least 30 feet in depth.

(e)

Height. In the IH district, there shall be no height regulations.

(Ord. No. 795, § 803, 5-13-74; Ord. No. 1595, § 7, 10-20-86; Ord. No. 2765-00, § 1, 11-13-00; Ord. No. 4067-16, 1-18-16)