Metropolis City Zoning Code
CHAPTER 156
ZONING
§ 156.001 PURPOSE AND OBJECTIVES.
In accordance with Illinois State Statute (ILCS Ch. 65, Act 5, §§ 11-13-1 et seq.), this chapter regulates structures and land uses in order to preserve, protect and promote the public health, safety and welfare through implementation of the city’s Comprehensive Plan. This document is applicable to land situated within the corporate limits of the city and contiguous territory not more than 1-1/2 miles beyond the corporate limits and not included in any municipality. More specifically, this chapter is intended to assist in achieving the following objectives:
(A) Encourage the development of buildings and uses on appropriate sites in order to maximize community-wide social and economic benefits while accommodating the particular needs of allresidents, and to discourage development on inappropriate sites;
(B) Protect and enhance the character and stability of sound existing agricultural, residential, commercial and industrial areas, eliminate nonconforming uses and non-conforming structures, as well as uses and structures which have been abandoned;
(C) Ensure the provision of adequate light, air and privacy for the occupants of all buildings;
(D) Protect property from damage caused by fire, flooding, poorly controlled storm water runoff, and adverse soil and topographical conditions;
(E) Provide adequate and well-designed parking and loading space for all buildings and uses, and reduce vehicular congestion on the public streets and highways;
(F) Guide the provision of water mains, sanitary sewers, electric lines, storm water sewers and other utilities and services, and reduce the initial costs and future maintenance expenses thereof;
(G) Provide for the efficient administration and fair enforcement of all the requirements set forth in this chapter; and
(H) Clearly and concisely explain the procedures for obtaining variances, special use permits, amendments, and the like.
(Ord. 2013-22, passed 11-25-2013)
§ 156.002 RULES OF CONSTRUCTION.
In the construction of those regulations, the provisions and rules of this Section shall be preserved and applied, except when the context clearly requires otherwise:
(A) Words used in the present tense shall include the future;
(B) Words in the singular number include the plural number, and words in the plural number include the singular number;
(C) The phrase “used for” shall include the phrases “arranged for”, “designed for”, “intended for”, “maintained for”, and “occupied for”;
(D) The word “shall” is mandatory;
(E) The word “may” is permissive;
(F) The word “person” includes individuals, firms, corporations, associations, governmental bodies and agencies, and all other legal entities;
(G) Unless otherwise specified, all distances shall be measured horizontally;
(H) The word “City” means City of Metropolis, Illinois;
(I) All distances shall be measured to the nearest integral foot; six inches or more shall be deemed one foot;
(J) Reference to sections shall be deemed to include all subsections within that section; but a reference to a particular subsection designates only that subsection;
(K) A general term that follows or is followed by enumerations of specific terms shall not be limited to the enumerated class unless expressly limited;
(L) Any word or phrase which is defined in these regulations shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope.
(Ord. 2013-22, passed 11-25-2013)
§ 156.003 OVERLAPPING OR CONTRADICTORY REGULATIONS.
Where the conditions imposed by any provision of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions imposed by other provision of any other law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern.
(Ord. 2013-22, passed 11-25-2013)
§ 156.004 UNLAWFUL USES.
No structure or use which was not lawfully existing at the time of the adoption of these regulations shall become or be made lawful solely by reason of the adoption of these regulations; and to the extent that, and in any respect that, said unlawful structure or use is in conflict with the requirements of these regulations, said structure or use remains unlawful hereunder.
(Ord. 2013-22, passed 11-25-2013)
§ 156.005 CONFORMITY REQUIRED.
No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated or reconstructed except in conformity with this chapter. Similarly, no lot or part thereof shall be used, occupied, or developed except in conformity with this chapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.006 UNLISTED USES.
Whenever any use is not specifically listed as permitted or special within a particular zoning district,
such use shall be deemed prohibited in that district. However, if the Council, following consultation with the Administrative Official and the Zoning Board of Appeals, finds that the unlisted use is similar to and compatible with the listed uses, they may allow such use by amending this chapter in accordance with zoning amendment procedures found in §§ 156.120 through 156.127 and the conditions stated in §§ 156.001 through 156.005 and the conditions stated in § 156.345(F). The Council’s decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.
(Ord. 2013-22, passed 11-25-2013)
§ 156.007 FUTURE LOTS.
Lots created after the effective date of the ordinance from which this chapter derives shall meet at least the minimum requirement established by this chapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.008 ACCESS REQUIREMENTS.
No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public street that conforms to the standards set forth in the city’s Land Development Code.
(Ord. 2013-22, passed 11-25-2013)
§ 156.009 FRONT SETBACKS - FOR CORNER OR THROUGH LOTS.
Every lot with multiple frontages, such as corner or through lots, shall meet the front setback requirements of the zoning district in which it is located on every side having frontage.
(Ord. 2013-22, passed 11-25-2013)
§ 156.010 FRONT SETBACKS - IN CERTAIN BUILT-UP AREAS.
Except as specifically provided otherwise, in all residential zoning districts, and in the “C-1” neighborhood business and “C-2” central business districts, where lots having 50% or more of the frontage on one side of a street between intersections, that is, in one block, are developed with buildings, and the front setbacks of those lots do not differ by more than ten feet, the minimum required front setbacks on that block shall be the average of the existing front setbacks; provided, however, that in any built-up area, no front setbacks less than ten feet shall be permitted.
(Ord. 2013-22, passed 11-25-2013)
§ 156.011 INTRUSIONS INTO YARDS.
The following may intrude into required yards without violating setback requirements:
(A) Sills, beltcourses, window air conditioning units, window awnings, chimneys, cornices and ornamental features may project into a required yard a distance not to exceed two feet;
(B) Filling station pumps and pump islands may occupy required yards; provided, however, that they are not less than 15 feet from all lot lines;
(C) Signs erected in accordance with the sign ordinance of the city;
(D) Open fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into a rear yard for a distance of not more than 4-1/2 feet when so placed as not to obstruct light and ventilation;
(E) Open, unenclosed porches, not glassed in, may extend 12 feet, or 50% of the front yard setback distance, (whichever is less) into a front yard; intrusions into a rear yard are limited only by the setback requirements;
(F) Terraces which do not extend above the level of ground floors may project into a required yard, provided these projections are at least two feet from the adjacent side lot line or easement;
(G) No side yards are required where dwellings are erected above commercial structures in the “C-2” district.
(Ord. 2013-22, passed 11-25-2013)
§ 156.012 PROHIBITIONS CONCERNING EASEMENTS.
Notwithstanding any other Section of this chapter, no building, accessory building, manufactured home, mobile home, garage, carport, kennel, sign, fence, or any other structure shall be built, constructed, erected, installed, kept, or used on, over, or under any express or implied utility easement or right-of-way that exists for public or utility purposes, including but not limited to electric easements, sewer easements, water easements, telephone easements, gas easements, drainage easements, streets, and rights-of-way, except:
(A) That property owners may, at their own risk, plant shrubbery or hedges not reaching over four feet in height at maturity or install fences on utility easement areas, the right being specifically reserved to the city to destroy such shrubbery, hedges or fences in the event that the city needs access to said utility easement for the purpose of which it was granted unless the property owner provides an alternate method of access through the owner’s property. If the alternate route of access is damaged or destroyed such alternate access route shall be restored by the city, at the city’s expense, by grading, sodding, seeding or mulching. Such action by the city shall be the limit of the city’s obligation to restore such alternate access route.
(B) In those instances where a surface driveway may be constructed across such utility easement in accord with any city ordinances governing construction of driveways, the lot owner assumes all responsibility to pay for repair and maintenance thereof, including but not limited to repair or replacement if the city undertakes any use of the utility easement allowed under the terms of the utility easement, and acknowledges the city’s right to make any use of the utility easement allowed under the terms of the utility easement without any responsibility to or the consent from such lot owner other than as is required by the terms of the utility easement.
(Ord. 2013-22, passed 11-25-2013)
§ 156.013 HEIGHT LIMIT EXCEPTIONS.
The limits set forth in this division as to height of a building or structure shall not apply to a semi-private or public service building, hospital, institution, agricultural building or a school all of which may be erected to a height not exceeding 110 feet, and churches temples, synagogues and other places of worship may be erected to a height not exceeding 75 feet if the church, temple, synagogue or other place of worship is set back from each yard line at least one foot for each foot of additional building height not otherwise permitted in the district in which the building is built.
(Ord. 2013-22, passed 11-25-2013)
§ 156.014 MINIMUM REQUIREMENTS.
The sections of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, morals or general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rule, regulation or ordinance, the most restrictive or that imposing the higher standards shall govern, except that if a Planned Unit Development is approved by the Council pursuant to §§ 156.330 through 156.334, the requirements and provisions of the approved planned unit development shall control.
(Ord. 2013-22, passed 11-25-2013)
§ 156.015 DEFINITIONS.
The following words and terms, whenever they occur in this chapter, shall be construed as defined in this section.
ABANDONMENT. To discontinue one’s use, rights, or interest in property. When the permitted or special use of a property has ceased and such use has been vacant for more than 12 months, abandonment of use will be presumed.
ACCENT. An area covering no more than 10% of a building’s surface area visible to the public.
ACCESSORY USE. Any structure or use that is:
(1) Subordinate in size or purpose of the principal structure or use which it serves;
(2) Necessary or contributing to the comfort and convenience of the occupants or the principal structure or use served; and
(3) Located on the same lot as the principal structure or use served.
ADMINISTRATIVE OFFICIAL (or ZONING ADMINISTRATOR). The individual designated to administer this chapter, and who is responsible for enforcement of the requirements imposed by the ordinance codified in this chapter.
ADULT REGULATED FACILITY. An establishment open to the general public (except to any person by reason of age), or a private club open to members (except to any person by reason of age), which is used and occupied for one or more of the following activities, but not including those uses or activities the regulation of which is pre-empted by Illinois state law:
(1) ADULT BOOK STORE. An establishment which has 25% or more of gross floor area of its stock-in-trade, and offers for sale, rent, or exchange for any form of consideration, any one or more of the following: (1) books, magazines, periodicals or other printed matter, or films, motion pictures, photographs, slides, video cassettes, DVDs, or other visual representations which expose or describe “specified sexual activities” or “specified anatomical areas”; or (2) devices, instruments, or paraphernalia which are designed for use in connection with “specified sexual activities”. Such establishment, or the segment or section devoted to the sale or display of such material in any establishment customarily excludes any person by reason of age.
(2) ADULT CABARET. An establishment that includes live performances that show or depict “specified anatomical areas”, or show “specified sexual activities”, or shows films, motion pictures, video cassettes, DVDs, slides, or other visual representation in which more than 10% of the total presentation time is devoted to the showing of material that exposes, depicts, or displays “specified sexual activities” or “specified anatomical areas”, and which excludes any person by reason of age from all or any portion of the establishment.
(3) ADULT MASSAGE PARLOR. Any building, room, place or similar location in which contact with the human body, manually or otherwise, for any consideration, is made involving “specified sexual activities”, and which excludes any person by reason of age from all or any portion of the location.
ADULT-USE CANNABIS BUSINESS ESTABLISHMENT. An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.
ADULT-USE CANNABIS CRAFT GROWER.
A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS CULTIVATION CENTER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS DISPENSING ORGANIZATION. A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS INFUSER ORGANIZATION OR INFUSER. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS PROCESSING ORGANIZATION OR PROCESSOR. A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.
AGRICULTURAL OPERATION. Use of land where such land is devoted to the production of plants, animals or horticultural products, including forests and forest products; harvest and management; dairy farming; grazing and pasturage; truck gardening; bee keeping; the raising of crops, fruit and nursery stock; fish farms; fur bearing animal farms; and the harvesting, processing, packaging, packing, shipping, marketing and selling of products produced on the premises; incidental farm occupations; and such uses as the repair of farm machinery and farm equipment, and domestic repair. AGRICULTURAL OPERATION specifically excludes stockyards, agricultural processing plants, high volume livestock containment activities, slaughter houses and commercial feed lots. AGRICULTURAL OPERATION shall not be defined as including the removal of trees for the purpose of development or redevelopment, nor shall this term be defined to necessitate the replanting of trees that have been removed in the general operation of farms or farming.
APPEAL. A procedure whereby any person aggrieved by any decision or order may seek relief.
ASSISTED LIVING FACILITY. Multifamily dwelling units used or designed to be used by older persons, persons with disabilities or other persons needing or desiring assistance with day-today living matters, but not including community residences, group community residences, hospitals or convalescent care facilities. Typical uses include retirement communities in which housekeeping services, common dining facilities and recreational and social activities are offered to residents.
AUTOMOTIVE SERVICE. An establishment or place of business primarily engaged in automotive related sales or services. The following automotive use types shall be defined as follows:
(1) AUTOMOTIVE SALES AND LEASE. An establishment or place of business primarily engaged in the sales and leasing of automobiles, vans and/or trucks less than two tons, including incidental parking and servicing of vehicles available for sale or lease.
(2) AUTOMOTIVE RENTAL AGENCY. An establishment or place of business primarily engaged in the rental of automobiles, vans and/or trucks less than two tons, including incidental parking and servicing of vehicles available for rent.
(3) AUTOMOTIVE CUSTOMIZING SHOP. An establishment or place of business that primarily provides after-sales services for automobiles, including the attendant retail sales of accessories for such automobiles, such as installation, conversion and modifications to the interior or exterior of automobiles.
(4) AUTOMOTIVE PARTS AND SUPPLY STORE. An establishment or place of business primarily engaged in the sale of merchandise that is associated with the use, repair or upkeep of automobiles, including service and installation, but excluding automotive repair shops.
(5) AUTOMOTIVE SERVICE STATION. An establishment or place of business primarily engaged in gasoline or diesel fuel sales at retail for automobiles, recreation vehicles and motorcycles, and where in addition at least one of the following services is rendered: sale, replacement, or servicing of spark plugs, oil, water hoses, brake fluids, batteries, distributors, tires, carburetors, brakes, fuel pumps, or other automotive parts or accessories. Such use shall include establishments that provide express oil changes, and sell at retail and install new automobile audio and/or video equipment.
(6) AUTOMOTIVE REPAIR SHOP. An establishment or place of business primarily engaged in the repair of automobiles or other motorized vehicles, or the installation or repair of equipment or parts on motorized vehicles such as mufflers, brakes, tires, transmissions, glass, and engines or engine parts, but excluding dismantling or salvage.
(7) AUTOMOTIVE PAINT OR BODY SHOP. The use of a building or premises for the repair of automotive bodies and/or major mechanical works, straightening of body parts, painting, welding, or storage of automobiles not in operable condition.
(8) AUTOMOTIVE TIRE STORE. An establishment or place of business primarily engaged in the sale of tires and services relating to the repair or purchase of tires for automobiles.
AWNING. A sloped projection made of canvas or other non-rigid material, stretched over a frame and extended over a doorway or window. The AWNING is supported entirely from the exterior wall of the building and provides protection from the weather.
BAR or TAVERN. An establishment or place of business primarily engaged in the preparation and retail sale of alcoholic beverages for consumption on the premises with a city and state approved liquor license, including taverns, bars, cocktail lounges, and similar uses in which over 50% of the total revenue is generated from alcoholic beverages.
BED AND BREAKFAST. An establishment or place of business that is a private, owner - occupied residence with one to three guest rooms in which lodging and meals are provided for time-limited durations to not more than three groups of patrons in a 24-hour period.
BILLBOARD. Any single or double faced street graphic that is permanently fixed or placed on a particular premise and that is used for the display of messages or advertising not associated with the establishment located on said premises. A billboard typically has provision for changing the message/advertising thereon.
BUILDABLE AREA. The portion of a lot remaining after required yards have been provided.
BUILDABLE WIDTH. The width of a lot left to be built on after the side yards are provided, and width of easements are deducted.
BUILDING. Any permanent structure built for the shelter or enclosure of persons, animals, chattels or property of any kind, and not including advertising signs, boards, fences or mobile homes.
BUILDING HEIGHT. The vertical distance measured from the average grade at the front wall of a building to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridges of gable, hip or gambrel roofs, Chimneys, towers, cooling towers and similar projections, other than signs, shall not be included in calculating building height.
BULK SALES. The sale of items that are unpackaged or loose not intended to be sold individually, such as rock, mulch and fertilizer.
BUSINESS OR VOCATIONAL SCHOOL. A specialized instructional establishment that provides on-site training of business, commercial, and/or trade skills such as accounting, data processing, and repair. This classification excludes establishments providing training in an activity that is not otherwise permitted in the zoning district. Incidental instructional services in conjunction with other primary use shall not be considered a BUSINESS OR VOCATIONAL SCHOOL.
CHANGEABLE COPY SIGN. A sign which has provision for changing the message thereon either manually or electronically.
CO-BRANDING (CO-BRANDED ESTABLISHMENT). The pairing of two nationally branded businesses in a single establishment. The most common co-branded developments consist of a fast-food restaurant franchise and a major branded fuel station. Co-branded facilities may also contain as a planned use a convenience store, carwash, ATM machine or drive through service. Parking, signage, landscaping and design continuity shall be in accordance with the city’s minimum requirements.
COMMUNITY CENTER. A public building to be used as a place of meeting, recreation, or social activity and not operated for profit and in which neither alcoholic beverages nor meals are normally dispensed or consumed.
COMMUNITY RESIDENCE. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of no more than six unrelated persons with disabilities, illnesses or injuries plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities, illnesses or injuries are present at the dwelling; and complies with the zoning regulations for the district in which the site is located. (See also GROUP COMMUNITY RESIDENCE)
CONSTRUCTION SALES AND SERVICES. An establishment engaged in the retail or wholesale sale of materials used in the construction of buildings or other structures, and the outdoor storage of construction equipment or materials on lots other than construction sites. Typical uses include lumberyards, home improvement centers, lawn and garden supply stores, electrical, plumbing, air conditioning, and heating supply stores, swimming pool sales, construction contractors’ storage yards and construction equipment rental establishments.
CONVALESCENT CARE. An establishment providing bed care and inpatient services for persons needing regular medical attention, but excluding facilities for the care and treatment of mental illness, alcoholism, narcotics addiction, emergency medical services or communicable disease. Typical uses include nursing homes.
CONVENIENCE STORE. An establishment or place of business primarily engaged in the retail sale of gasoline or diesel fuel at fuel pumps and a limited number of products related to automobile maintenance, along with, packaged food, cold drinks, tobacco products and household convenience goods. This use shall not include liquor stores, automobile repair facilities or those uses allowed at an automotive repair shop.
CORNICE. An ornamental topping that crowns the structure it is on.
DANCE HALL. A business or establishment that offers, for its patrons, dancing accommodations exceeding 20% of the total floor area of the establishment. Uses shall include nightclubs, private clubs or other uses offering dancing accommodations for patrons of any age.
DAY CARE, COMMERCIAL. A building occupied by a day care provider that receives more than eight persons for care for any part of a 24 hour day, without overnight stays.
DAY CARE, HOME. A family home occupied by the day care provider in which family-like care is given to no more than eight persons not related to the day care provider, for any part of the 24 hour day, without overnight stays.
DRIVE-IN and DRIVE-THROUGH. An establishment where the product or service is delivered to customers in motor vehicles either parked nearby or directly through a window.
DRY CLEANING AND LAUNDRY PICK-UP. An establishment or business maintained for the pick-up and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.
DRY CLEANING PLANT. An establishment that is primarily engaged in the large-scale washing or cleaning of laundry, rugs and similar materials. This definition does not include laundromats or dry cleaning pick-up stations.
DWELLING. A building or portion thereof designed exclusively for year-round residential occupancy, including one-family and two-family, but not including manufactured homes, mobile homes, automobile house trailers, hotels, motels, boarding houses, resort cabins, clubs, hospitals or similar uses.
(1) MULTIFAMILY (APARTMENT). A building or portion of a building designed for or occupied by more than two families living
independently of each other and being located on a single lot under common ownership.
(2) CONDOMINIUM. A single dwelling unit under individual ownership within a multifamily structure and located on a lot having common ownership. A structure containing two CONDOMINIUMS shall be considered a two-family dwelling and a structure with more than two CONDOMINIUMS shall be considered a multifamily dwelling.
(3) LOFT. A dwelling unit placed between the roof and the uppermost story of a nonresidential or mixed-use building.
(4) TWO-FAMILY (DUPLEX). A building designed for or occupied exclusively by two families living independently of each other and being located on a single lot under single ownership. Each unit shall have direct access to the outside with no shared hallways or lobbies.
(5) SINGLE-FAMILY. A building designed for or occupied exclusively by one family.
(6) SINGLE-FAMILY ATTACHED DWELLING (VILLA). Single family dwellings sharing a common wall but situated on separate lots that are owned and occupied exclusively by separate parties.
DWELLING UNIT. One or more rooms constituting all or part of a dwelling which are used exclusively as living quarters for one family and contain a bathroom and kitchen facilities.
EASEMENT. A right or privilege to use a portion of another’s property for a particular purpose.
ENGINEER. A professional engineer registered in the State of Illinois.
FAMILY. One person, two or more persons related by blood, marriage or legal adoption, or not more than three unrelated persons maintaining a common household in a dwelling which does not involve paid professional staff for the purposes of rehabilitation or convalescence.
FASCIA. The exposed vertical edge of a roof.
FENCE, SIGHT PROOF. A fence with an opaque value of 70% or greater.
FINANCIAL SERVICES. An establishment that primarily performs central banking functions (such as issuing currency, managing national money supply and international reserves, and acting as fiscal agent for the central government) and accepts deposits (or share deposits) and lends funds from these deposits, and may include these services to patrons and customers through an accessory drive-through when permitted as a special or planned use. FINANCIAL SERVICES do not include pawn shops, businesses primarily engaged in check cashing or issuing money orders or title loan establishments or other businesses offering short-term consumer loans secured by personal property, certificates of title to such property estimated tax refunds or other such collateral. These uses are prohibited money changing/money brokering uses. (See also PAYDAY LOAN ESTABLISHMENTS).
FLOOR AREA, COMMERCIAL, INDUSTRIAL. The total of all square feet of floor space per floor within the outside walls of a commercial or industrial building.
FLOOR AREA RATIO. The square-foot floor area of the building divided by the square-foot area of the lot.
FLOOR AREA, RESIDENTIAL. The total of all square feet of floor space per floor within the outside walls of a building. RESIDENTIAL FLOOR AREA does not include porches, garages or basements, cellars or attics when such basements, cellars, or attics are used for storage or incidental uses.
FLUSH-MOUNTED SIGN. Any sign attached to or erected against any wall, awning, canopy, or marquee with the exposed face of said sign in a place approximately parallel to the plane of the wall, etc. and not projecting more than 18 inches. Such signs shall not be painted directly on any exterior wall or roof.
FOOD STORE (GROCERY STORE). An establishment where food and prepackaged beverages are sold on-site for consumption off-site. A limited amount of food preparation on-site may also be allowed, such as a delicatessen or bakery.
FREESTANDING SIGN Any sign supported by one or more uprights, poles, or braces in or upon the ground in a permanent manner.
FRIEZE. The plain or decorative band or board located just below the storefront cornice.
FRONTAGE. All the property on the side of the street or highway which consists generally of the narrow dimensions of abutting lots and to which buildings are faced for principal entrance.
GARAGE OR CARPORT. A detached accessory building or portions of a main building housing the automobile owned by the occupant of the premises, but not commercial vehicles over the equivalent of a C class state license plate registration.
GARAGE SALE. A sale or offering for sale to the public of new or used merchandise conducted on a lot containing a residential dwelling or within a residentially zoned district.
GARDEN CENTER. A retail establishment that sells gardening supplies, landscaping tools, plants, shrubs, trees and associated products. Uses shall include green houses, garden centers and plant nurseries.
GOVERNMENT/PUBLIC BUILDINGS. Buildings or facilities owned or operated by a government entity and providing services for the public, excluding utilities and park and recreation services. Typical uses include administrative offices of government agencies, police, fire and utility billing offices.
GROUP COMMUNITY RESIDENCE. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of seven to 15 unrelated persons with disabilities, illnesses or injuries, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities, illnesses or injuries are present at the dwelling and complies with the Zoning regulations for the district in which the site is located.
HANDICAP PARKING SPACE or ACCESSIBLE PARKING SPACE. A parking space reserved for a natural person who is unable to walk 200 feet or more unassisted by another person or without the aid of a walker, crutches, braces, prosthetic device, or a wheelchair or without great difficulty or discomfort due to the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness or the loss of function or absence of a limb or limbs. All handicap parking spaces must meet the design and required number of space specifications as dictated by the state accessible handicap parking regulations as found in the Illinois Accessibility Code.
HOME OCCUPATION. An accessory use conducted in a single-family dwelling which is (a) clearly incidental and secondary to the use of the dwelling, and does not change the character of the dwelling; and (b) of which there is no indication from the exterior that the dwelling is being utilized in whole or in part for any purpose other than a dwelling. HOME OCCUPATIONS shall require a HOME OCCUPATION PERMIT.
HOME OCCUPATION PERMIT. A permit issued in accordance with this chapter to regulate the use of commercial activity on and within residential property.
HOTEL or MOTEL. A structure which contains rooms furnished for the purposes of providing lodging to the public as a place where sleeping accommodations are sought for pay or compensation by transient guests for periods of not more than 28 consecutive days; and having more than two bedrooms furnished for the accommodation of such guests.
IMMOBILIZE. To remove permanently the wheels, tongue, and hitch from a mobile home or to place any mobile home on a permanent foundation.
INDUSTRIAL. The manufacture, fabrication, processing, reduction or destruction of any Article, substance or commodity, or any other treatment, in such a manner as to change the form, character or appearance or add value to the final product. This category shall include but is not limited to those businesses which produce noise, odors, or create a visual image that would be disruptive to the community if located in another district. These businesses shall not be detrimental to the public health, safety or general welfare and shall provide adequate safeguards to protect the general public.
INSTITUTION. A building occupied by a non-profit corporation or a non-profit establishment but not including Places of Public Assembly.
JUNKYARD. A tract of land, including any accessory structures thereon, that is used for buying, selling, exchanging, storing, baling, packing, disassembling or handling waste or scrap materials. Such scrap materials include vehicles, machinery and equipment not in operable condition or parts thereof, and metals, glass, paper, plastics, rags and rubber tires. A lot on which three or more inoperable vehicles are stored shall be deemed a JUNKYARD. A JUNKYARD includes an automobile wrecking yard.
KENNEL, COMMERCIAL. An establishment where four or more small animals at least four months old are boarded for compensation, or where animals are bred or raised as a business.
LIGHT. Having relativity little weight, small in capacity, 10,000 pounds or less; not more than ten full-time employees (exclusive of managers, clerks, and drivers) engaged in the manufacture, processing or treatment of products.
LIQUOR STORE. An establishment or place of business primarily engaged in retail sale for consumption off the premises of alcoholic beverages. Uses include liquor stores, bottle shops, or any licensed sales of liquor, beer or wine for off-site consumption.
LOADING SPACE. As an off-street space or berth, located within a building or on the same lot as a building, for pickup and delivery vehicles.
LOT. A parcel of land lawfully platted in accordance with the City of Metropolis Land Development Code. Provided, however, that where there exists real property within the City which has not been subdivided, then LOT (sometimes Zoning Lot) shall be defined as a parcel of land under common ownership occupied or intended for occupancy by a use permitted in this chapter, including one main building, together with its accessory buildings, the yards, parking and loading spaces required herein and having its principal frontage upon a street.
LOT AREA. The total horizontal area within the boundary lines of a lot.
LOT CORNER. A lot abutting upon two or more streets at their intersection.
LOT COVERAGE. The percentage of a Lot or parcel which is, or will be, covered by the principal structure(s) and accessory structure(s). Lot coverage, unless otherwise specified, shall include all uses governed by a building permit, including but not limited to, above ground pools, in- ground pools, decks, covered patios, garages (detached and attached), sheds, car ports, porches and other similar items.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT DOUBLE FRONTAGE. A lot having frontage on two non-intersecting roads; as distinguished from a corner lot. This definition shall include through lots.
LOT FRONTAGE. The front of a lot that is the portion near the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of the lot adjacent to a street shall be considered frontage, and yards shall be provided as indicated under “yard” in this chapter.
LOT INTERIOR. A lot other than a corner lot whose sides do not abut upon any street.
LOT TYPES. Corner lots, interior lots, through lots, and reversed frontage lots:
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a CORNER LOT if straight lines drawn from the farthest point of the side lot lines to the farthest point of the lot meet an interior angle of less than 136 degrees.
(2) INTERIOR LOT. A lot other than a corner lot with frontage on only one street.
(3) THROUGH LOT. A lot other than a corner lot with a frontage of more than one street.
(4) REVERSED FRONTAGE LOT. A lot on which the frontage is at right angles or approximate right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot, an interior lot or a through lot.
Figure 156.015.1 - Lot Types and Setbacks
LOT OF RECORD. A lot which is part of a subdivision and having a plat that has been recorded in the office of the Recorder of Deeds or a parcel of land, the deed of which was recorded in the office of the Recorder of Deeds prior to the adoption of this chapter.
LUMINAIRE. A complete lighting system, including a lamp or lamps and a fixture.
MANUFACTURING. An economic activity involving the mechanical or chemical transformation of materials or substances into new products including the assembly of component parts, the manufacturing of products and the blending of materials such as lubricating oils, plastics, resins, or liquors, at a scale and intensity that is compatible with the surrounding uses and the intent of the city’s Industrial District.
MANUFACTURED HOME. A structure which bears a seal indicating compliance with the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. § 5403, and constructed on or after June 15, 1976.
MARQUEE. Any canopy made of durable materials that is a permanent fixture of the building to which it is attached.
MASSAGE ESTABLISHMENT (THERAPEUTIC). An establishment licensed by the State of Illinois that offers therapeutic massage. The definition does not include establishments that offer illicit sexual services under the guise of therapeutic massage.
MINI-WAREHOUSE (SELF-STORAGE). A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property.
MOBILE HOME. A transportable structure larger than 320 square feet in floor area, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, which became effective for all mobile home construction on June 15, 1976.
MOBILE/PORTABLE SIGN. A term commonly used to mean any street graphic not designed to be permanently attached to a building or part hereof or to be anchored to the ground. Such street graphics primarily include but are not limited to signs attached to wood or metal frames designed to be self-supporting poles and the like.
MODULAR HOME. A manufactured residential structure built to a nationally recognized and accepted construction standards published by the International Code Council (ICC) and is inspected and certified at the factory so that it meets said standard. A MODULAR HOME shall have exterior structure materials and appearance similar to the customary single-family structures, as required of a manufactured home-residential design, including but not limited to pitched roof, eave projection, varying depths, ornamental windows, walkway and stairs, formal landscaping, use of exterior masonry, shall be delivered to the site in modular units, shall be of limited dimensional design and shall be permanently situated on a concrete foundation.
MODULAR STRUCTURE. A factory-fabricated, transportable building unit designed to be incorporated at a building site on a permanent foundation into a structure to be used for commercial, industrial, farming and similar uses.
MOLDING. A decorative wood or stone contour or band, used in exterior and interior architectural elements.
NONCONFORMING. As applied to a lot, structure, or use, means:
(1) Lawfully existing on the effective date of the ordinance from which this chapter derives; but
(2) Not in compliance with the applicable sections thereof.
NONCONFORMING SIGN, STREET GRAPHIC OR BILLBOARD. Any sign, street graphic or billboard which existed on the effective date of this subchapter (or amendment thereto), but which does not comply with the regulations set forth herein.
OFFICE, GENERAL. An establishment providing executive, management, administrative or professional services, but not medical or dental services or the sale of merchandise, except as incidental to a permitted use. Typical uses include real estate, insurance, property management, investment, employment, travel, advertising, law, architecture, design, engineering, accounting and similar offices.
OPEN SPACE. Any parcel of land or water essentially unimproved or otherwise devoid of structures and paved areas set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OUTDOOR DISPLAY AREA. A portion of a property outside of any building where merchandise, goods or other items are placed in public view for the purpose of direct sale or lease to customers.
OUTDOOR STORAGE. The keeping in an unroofed, open area of any goods, material, merchandise or vehicles in the same place for more than 24 hours.
OVERLAY DISTRICT. A district in which additional requirements act to supersede or supplement, as applicable, the regulations of the base zoning district(s).
PARCEL. A lot or contiguous group of lots in single ownership or under single control usually considered a unit for purposes of development.
PARKING LOT, COMMERCIAL. Area used or intended to be used for off-street parking of operable motor vehicles on a temporary basis, other than as accessory parking to a principal use.
PARKING SPACE. An area ten feet wide and 20 feet in length, unless such dimensions are herein noted differently, constructed of concrete or asphalt concrete used for the short-term storage of automobiles.
PAWNBROKER or PAWNSHOP. Any business that lends money on deposit of personal property or deals in the purchase of possessions of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.
PAYDAY / TITLE LOAN ESTABLISHMENT. An establishment that engages in transactions in which a short-term cash advance is made to a consumer in exchange for a customer’s post-dated check in the amount of the advance plus a fee, or in exchange for a consumer authorization to debit a transaction account in the amount of the advance plus a fee at a designated future date. Uses include check-cashing stores. The classification does not include a state or federally chartered bank, savings association, credit union, or industrial land company. Further, this classification does not include establishments selling consumer goods where the cashing of checks or money orders is incidental to the main purpose of the business.
PENNANT. A long tapering flag, usually triangular in shape.
PERSONAL SERVICES. An establishment or place of business primarily engaged in the provision of frequent or recurrent needed services of a personal nature. Typical uses include, but are not limited to, beauty and barbershops, shoe repair shops, tanning salons, nail salons, tattoo parlors and tailor shops.
PIER. An upright structure of masonry to serve as a principal support, whether isolated or part of a wall.
PLACES OF PUBLIC ASSEMBLY. A facility maintained by a not-for-profit community or neighborhood association, religious institution, or by a public agency or political subdivision primarily as a community gathering place for members or other people for the social, educational, spiritual or religious needs of the community or neighborhood. Such use may include community buildings, auditoriums and gymnasiums (including those accessory to schools or other primary uses), churches, temples, synagogues and other places of worship. However, a PLACE OF PUBLIC ASSEMBLY shall not include an undertaker’s chapel, funeral building, a religious educational institution, parochial or otherschool, day care center, shelter for the homeless, or other similar social service use. Such uses shall be considered permitted accessory uses to the place of public assembly, and shall only be permitted within those districts where they are reflected in Table 156.345.1, as well as subject to those supplemental regulations set forth in §§ 156.360 through 156.371 applicable to such uses.
PLANNED UNIT DEVELOPMENT. A tract of land which is planned as a whole for development under single ownership for control in accordance with the planned unit development procedures herein, and which, by virtue of such unified planning and development, provides greater amenities, convenience, or other benefits, especially open space, than would normally be had through the development of diverse smaller tracts under multiple ownership. A PLANNED UNIT DEVELOPMENT may contain one type of use or a variety of uses.
POLE BARN. A typically metal clad structure most often utilizing wooden poles and trusses for support with unfinished, insulated or un-insulated, interiors. Such structures are normally used for agricultural operations, for construction trade storage, or for general storage and not intended for human inhabitation.
PORTICO. A roofed entrance porch, often supported by columns or pillars.
PREMISES. Any lot plus all the structures and uses thereon.
PRIVATE CLUBS AND LODGES. An organization and its premises catering exclusively to members and their guests for social, intellectual, recreational, or athletic purposes that are conducted for profit.
PROJECTING SIGN. Any sign, which is supported by any exterior wall of a building or suspended beneath any awning, canopy, or marquee with the exposed face of said sign in a plane approximately perpendicular to the plane of the wall, and the like, and projecting more than 18 inches.
PUBLIC PARKS AND RECREATION. A park, playground or community facility, owned by or under the control of a public agency or homeowners’ association that provides opportunities for active or passive recreational activities.
RECREATION VEHICLE. Any of the following vehicles which are licensed for travel on the highway:
(1) TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreation or vacation, or one permanently identified as a travel trailer by the manufacturer of the trailer;
(2) PICK-UP COACH. A structure designed to be mounted on a truck chassis for use as a temporary dwelling for travel, recreation and vacation;
(3) MOTOR-HOME. A portable, temporary dwelling to be used for travel, recreation and vacation, constructed as an integral part of a self-propelled vehicle; and
(4) CAMPING TRAILER. A canvas, material or metal folding structure, mounted on wheels, and designed for travel, recreation and vacation use.
REPAIR SERVICE. An establishment primarily engaged in the provision of repair services to individuals and households but excluding “vehicle repair” services. Typical uses include appliance repair shops.
RESTAURANT, FAST FOOD. A use primarily engaged in the sale of food and non-alcoholic beverages in a ready-to-consume state and where the design or principal method of operation s that of a fast-food or drive-in restaurant offering quick food service, where orders are generally not taken at the customer’s table, where food is generally served in disposable wrapping or containers, and where food and beverages may be served directly to the customer in a motor vehicle.
RESTAURANT, GENERAL. A building wherein food is prepared and served in ready to eat form to the public for human consumption. The term restaurant shall include café, cafeteria, grill, pizza or chili parlor, diner, snack shop, hamburger shop and steak house.
RETAIL SALES AND SERVICE. An establishment engaged in the sale or rental of goods and services, including, but not limited to, antique shops, apparel and accessory stores, art and supply stores, bicycle shops, book and stationery stores, candy and ice cream stores, cigar and tobacco stores, dressmakers and tailors, flower and gift shops, hobby shops, interior decorators, jewelry stores, key shops, leather goods and luggage stores, music instrument sales and repair, photocopying services, shoe repair and shoe shine stores, sporting and athletic goods, toy stores and department stores; excluding uses more specifically defined.
RETAIL SALES AND SERVICE RETAIL. The sale of commodities and services directly to customers, when such commodities and services are used or consumed by the customer and not purchased primarily for the purpose of resale.
ROOF LINE. The edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette on the side of the building where the street graphic is located.
SETBACK, PRINCIPAL BUILDING. The distance that is required by this zoning ordinance to be maintained in an unobstructed state between a structure and the property line of the lot on which the structure is located. (See Figure 156.015.1 Lot Types and Setbacks).
SHOPPING CENTER IDENTIFICATION SIGN. Any sign identifying a building or group of buildings that provides common off-street parking facilities, and that is occupied by two or more retail sales establishments.
SIGHT DISTANCE TRIANGLE. The area bounded by the street right-of-way lines of corner lots and a line joining points along said street lines 30 feet from their points of intersection. Nothing shall be erected, placed, planted, or allowed to grow within this triangular area in a manner as to materially impede vision between a height of 2-1/2 feet and eight feet above the grades of the outside edge of the street surface of the intersecting surfaces. These requirements shall also apply to driveways serving development off collector and arterial roadways The Director of Public Works, Zoning Administrator or Street Superintendent may establish different sight triangles based upon standards in the policy manual published by the American Association of State Highway and Transportation Officials (AASHTO).
SIGNS. Any object, device, display, structure, or surface or part thereof that is used to advertise, identity, display, or attract attention to any object, person, institution, organization, business, project, service, or event related to the premises on which the sign is situated by any means including words, letters, figures, designs, symbols, fixtures, colors, or illumination.
SIGN AREA. The area of the one imaginary square or rectangle that would completely enclose all parts of a sign including the background.
SIGN AREA ALLOWANCE. Is the total of the areas of all signs that a particular establishment is permitted to display under the terms of this subchapter.
Figure 156.015.2 - Sight Distance Triangle
SPECIAL STREET GRAPHIC PERMIT. A permit by the City Council in accordance with the provisions of this subchapter to regulate the design and placement of street graphics in areas of special controls.
SPECIAL USE. A use that has unusual operational, physical or other characteristics which distinguish it from the permitted uses of a district, but which can be made compatible with the intended overall development within a district. SPECIAL USES commonly must meet special standards not necessarily applicable to permitted uses in the district, and are allowed only by a special use permit.
SPECIAL USE PERMIT. A permit issued in accordance with this chapter to regulate development of a special use.
SPECIFIED ANATOMICAL AREAS. Any of the following:
(1) Human male or female genitals, buttocks, anus or pubic area less than completely and opaquely covered;
(2) The female breast below a horizontal line across the top of the areola, or a simulation thereof, at its highest point with less than fully opaque clothing covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, shirt, leotard, bathing or swimsuit, or other wearing apparel, provided the areola is not exposed in whole or in part; or
(3) The covered male genitals in a discernibly turgid state.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of human male or female genitals, buttocks, anus, pubic area, or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(3) Excretory functions as part of, or in connection with, any of the activities set forth in divisions (1) through (2) of this definition.
STABLE, COMMERCIAL. Any building where horses, mules or ponies are sheltered, fed, and/or kept for hire.
STABLE, PRIVATE. A detached accessory building for the keeping of horses, mules, or ponies owned by the occupants of the premises and not kept for remuneration, hire, or sale.
STOREFRONT. Street-facing facade area below the floor plane of the second floor.
STREET GRAPHIC. Any on-premises or off-premises sign, visible from the public right-of-way or from any parking area used by the general public, not otherwise defined herein.
STREET GRAPHIC PERMIT. A permit issued by the Administrative Official to regulate the erection, expansion, alteration, relocation, or reconstruction of street graphics in all parts of this municipality except in areas of special controls.
STREET HARDWARE. Objects other than buildings, structures, and plantings, located in streets and public ways and outside of buildings. Examples are lampposts, utility poles, traffic lights, traffic signs, benches, litter containers, planting containers, letterboxes, and fire hydrants.
STREET LINE. The right-of-way line of a street.
STREET NETWORK.
(1) ARTERIAL STREET. A street which provides for through traffic movement between and around areas with direct access to abutting property, subject to necessary control of entrances, exits and curb uses.
(2) COLLECTOR STREET. A street which provides for traffic movement between arterials and local streets, with direct access to abutting property.
(3) LOCAL STREET. A minor street, which provides direct access to abutting land and local traffic movement whether in business, industrial, agricultural or residential areas.
STREETSCAPE. The scene as may be observed along a public street or way composed of natural and man-made components, including buildings, paving, planting, Street hardware, and miscellaneous structures.
STROBE LIGHT. A device that utilizes a flash tube for high-speed illumination.
STRUCTURE. Anything constructed or erected, which requires location on the ground or attached to something having a location on the ground, but not including fences, poles, lines, cables, or other transmission or distribution facilities of public utilities, or walls used as fences less than six feet high.
TEMPORARY USES. Are uses which are only allowed for a specified period of time. Typical TEMPORARY USES include, but are not limited to, Christmas tree sales, garage sales, road stands, and the like.
TOURIST HOME. A private home or condominium that is not occupied by an owner or manager and is rented, leased, or furnished in its entirety to transient guests on a daily or weekly basis, such as a bed and breakfast.
TRANSIENT GUESTS. A guest for only a brief stay, such as the traveling public.
TRANSOM. A window above an opening such as a door or window built on a horizontal crossbar; often hinged on the top to swing open for ventilation.
USE. The purpose or activity for which land or a structure thereon is designated, arranged, intended, occupied or maintained.
UTILITY SUBSTATION. A secondary utility facility, such as an electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, and the like.
VARIANCE. A relaxation of the strict application of the lot size, setbacks, or other bulk requirements applicable to a particular lot or structure.
WALL. An upright structure of masonry, wood, plaster, or other building material serving to enclose, divide, or protect a building, structure or land.
WALL SIGN. A sign that is in any manner affixed to or painted onto any exterior wall of a building or structure or etched into exterior glass of a building or structure and that projects not more than 18 inches from the building or structure, including signs affixed to architectural projections from a building provided the copy area of such signs remains on a parallel plane to the face of the building facade or to the face or faces of the architectural projection to which it is affixed.
WAREHOUSING AND WHOLESALE. An establishment primarily engaged in the storage of materials, equipment, or products for sale to wholesalers or retailers. Typical uses include cold storage, warehousing and dead storage facilities, but exclude residential storage warehouses and sale of goods to the general public.
WINDOW SIGN. Any sign visible from the exterior of the building which is painted on, affixed to, or suspended immediately behind a window. A permanent WINDOW SIGN is one that is intended to remain on display for 30 days or more; a temporary WINDOW SIGN is one that is intended to remain on display for a shorter time period.
YARD. An open space not occupied or obstructed by any structure or portion of a structure, except fences.
ZONING DISTRICT. A section of the city for which uniform regulations governing the use, height, area, size, and intensity of use of structures, land, and open space are herein established.
ZONING REGULATIONS. The requirements stipulated in the regulations herewith attached, and shall mean the lawfully adopted zoning ordinances of the City of Metropolis.
(Ord. 2013-22, passed 11-25-2013; Am. Ord. 2019-28, passed 12-23-2019)
§ 156.030 ZONING ADMINISTRATOR; POWERS AND DUTIES.
The Administrative Official designated by the City Council shall be responsible for the administration and enforcement this chapter. Such Official may be provided with the assistance of such other persons as the City Council may direct. All questions of interpretation and enforcement of this chapter shall first be presented to the Administrative Official. If the Administrative Official finds that any of the sections of this chapter are being violated, he/she shall notify, in writing, the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. He/she shall order discontinuance of alleged use of land, buildings or structures; removal of illegal buildings or structures or of illegal additions or alterations; and shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its sections.
(Ord. 2013-22, passed 11-25-2013)
§ 156.031 COMPLAINT OF VIOLATION.
Any neighboring resident or other interested citizen reporting an alleged violation of this chapter shall file a complaint in writing. Such complaint shall state fully the cause and basis of the complaint, citing the specific sections of this chapter where possible.
(Ord. 2013-22, passed 11-25-2013)
§ 156.032 VIOLATION NOTIFICATION AND PROCEDURES.
Within five days of the time the Administrative Official observes a violation of this chapter, he/she shall arrange to meet with the party against whom a violation has been alleged. At such meeting, the Administrative Official shall discuss the alleged violation and recommend action to resolve the alleged violation. If, within 15 days following such meeting, the alleged violation has not been resolved, the Administrative Official shall post a zoning violation notice on the structure in question, and inform the owners and occupants of the alleged violation. If the violation is not corrected within 20 days after the first notification, the Administrative Official shall send a second notification and shall forward a copy to the Mayor and City Council. If corrective action is not taken within ten days after this notification, the proper officers of the City may institute any appropriate action or proceedings to:
(A) Prevent the unlawful erection or construction;
(B) Restrain, correct or abate the violation;
(C) Prevent the occupancy of the structure;
(D) Prevent any illegal act, conduct, business or use in or about the premises.
(Ord. 2013-22, passed 11-25-2013)
§ 156.033 VIOLATIONS; GENERAL PENALTY.
(A) Any person violating any of the city ordinances or failing to comply with any of the mandatory requirements of the city ordinances shall be guilty of an ordinance violation. Except when a different punishment is prescribed by any city ordinance, any person convicted of an ordinance violation under the city ordinances shall be punished by a fine of not less than $50 and not more than $750.
(B) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation at a city ordinance is committed, continued or permitted by any such person and shall be punished accordingly.
(C) Whenever in the ordinances of the city any act or omission is made unlawful, it shall include causing, allowing permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
(Ord. 2013-22, passed 11-25-2013)
§ 156.034 SEVERABILITY.
It is the city’s intention that the sections, subsections, paragraphs, sentences, clauses and phrases of this chapter are severable, and if any Section, subsection, paragraph, sentence, clause or phrase is declared unconstitutional or otherwise invalid by any court of competent jurisdiction in a valid judgment or decree, the unconstitutionality or invalidity shall not affect any of the remaining sections, subsections, paragraphs, sentences, clauses or phrases of this chapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.045 ESTABLISHED; STATUTORY AUTHORITY.
The Zoning Board of Appeals of the City of Metropolis has been previously established in accordance with Illinois State Statue (ILCS Ch. 65, Act 5, § 11-13-3).
(Ord. 2013-22, passed 11-25-2013)
§ 156.046 MEMBERSHIP, APPOINTMENT, ORGANIZATION AND COMPENSATION.
The Zoning Board of Appeals shall consist of five voting members to include the following:
(A) The Mayor, who is also the President of the Board of Local Improvements and member of the Planning Commission shall be an ex officio member of the Zoning Board of Appeals, with power to vote on all issues.
(B) In addition, the Zoning Board of Appeals shall be comprised of four other voting members who shall reside within the city or within the territory contiguous to the city and not more than one and one-half miles beyond the corporate limits. All such members shall be appointed by the Mayor by virtue of their particular fitness for duty on the Zoning Board of
Appeals, subject to the approval by the City Council. In addition to the aforesaid voting members, the Mayor may from time to time, subject to approval by the City Council, appoint members to serve on the Zoning Board of Appeals due to their particular expertise or professional credentials for such times and in such capacities as deemed beneficial to the Zoning Board of Appeals.
(C) In addition, one of the appointed members of Zoning Board of Appeals shall be named as chairman at the time of his or her appointment.
(D) Each Board member shall receive for his or her service such compensation, if any, as is determined from time to time by the Council.
(Ord. 2013-22, passed 11-25-2013; Am. Ord. 2024-01, passed 1-22-2024)
§ 156.047 TERM OF OFFICE AND VACANCY-FILLING PROCEDURE.
Each non ex officio member of the Zoning Board of Appeals shall hold office for two years from the date of his appointment, and until his successor has been selected and qualified. Ex officio members shall serve for the term of their elective office. With the advice and consent of the Council, the Mayor may remove any member of the Zoning Board of Appeals for cause, after a public hearing. Vacancies on the Board shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members.
(Ord. 2013-22, passed 11-25-2013; Am. Ord. 2024-01, passed 1-22-2024)
§ 156.048 MEETINGS; RULES OF PROCEDURE; CHAIRMAN’S POWERS; QUORUM.
All meetings of the Zoning Board of Appeals shall be held at the call of the chairman and at such times as the Board may determine. All Board meetings shall be open to the public. The Board may adopt their own rules of meeting procedures consistent with this chapter and the applicable state statutes. The Board may select such officers as they deem necessary. The chairman, or in his or her absence the acting chairman, may administer oaths and compel the attendance of witnesses. Three members of the Board shall constitute a quorum, and the affirmative vote of at least three members shall be necessary to authorize any Board action.
(Ord. 2013-22, passed 11-25-2013; Am. Ord. 2024-01, passed 1-22-2024)
§ 156.049 RECORD OF PROCEEDINGS.
The Zoning Board of Appeals shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order or decision of the Board shall be filed immediately in the Board’s office, and shall be a public record.
(Ord. 2013-22, passed 11-25-2013)
§ 156.060 APPLICATION OF REGULATIONS.
No structure or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with these regulations.
(Ord. 2013-22, passed 11-25-2013)
§ 156.061 PRE-APPLICATION CONFERENCE.
A pre-application conference with the Administrative Official or his or her designee shall be required prior to submission of any application for a rezoning, special use permit, site plan, variance or preliminary plat. The purpose of this conference is to:
(A) Acquaint the applicant with the procedural requirements of this chapter;
(B) Provide for an exchange of information regarding applicant’s proposed development and the regulations, restrictions and requirements of this chapter, the Comprehensive Plan and other development requirements;
(C) Advise the applicant of any technical studies or public sources of information that may aid the application;
(D) Identify policies and regulations that create opportunities or pose significant restraints for the proposed development;
(E) Review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences;
(F) Review whether the application is compatible with adjacent proposed or existing development.
(Ord. 2013-22, passed 11-25-2013)
§ 156.062 GENERAL APPLICATION REQUIREMENTS.
(A) Unless otherwise indicated in this chapter or by the Administrative Official, all applications shall contain or be accompanied by the following items and materials:
(1) Date prepared;
(2) Name, address and telephone number of the applicant and the name, address and telephone number of the landowner if different than the applicant;
(3) Affidavit or other proof of ownership;
(4) Name, address and telephone number of all persons preparing any technical studies, maps, drawings and documents submitted with the application;
(5) Accurate legal description of the property for which the application is submitted;
(6) Any technical studies that may be required by the Administrative Official pursuant to this section;
(7) Statement regarding adequate public facilities and services for the proposed development;
(8) All required state and federal permits;
(9) Statement regarding the property’s floodplain status, and if the property is shown to be within the FEMA 100 year floodplain, a state permit authorizing development on the parcel shall be submitted;
(10) Small key map with north arrow indicating the location of the property within the city.
(B) The Administrative Official may also require a survey of the site, sealed by a certified surveyor registered in the State of Illinois. Such survey, if required, shall show existing lot lines, easements, and rights-of-way and include the area, in acres and square feet, of the project site and all abutting lots.
(Ord. 2013-22, passed 11-25-2013)
§ 156.063 SUBMISSION OF TECHNICAL STUDIES.
The Administrative Official, Planning Commission or City Council may require applicants to submit any technical studies deemed necessary to enable the appropriate person or entity to fully evaluate the application. Examples of technical studies that may be required shall include, but not be limited to, traffic studies, engineering studies, geologic or hydrologic studies, flood studies, environmental impact assessments, noise studies, or surface water management. The persons or firms preparing the studies shall be approved by the Administrative Official. The costs of all studies shall be the responsibility of the applicant.
(Ord. 2013-22, passed 11-25-2013)
§ 156.064 WHEN APPLICATIONS DEEMED COMPLETE.
No application shall be deemed complete until all items required to be submitted by this chapter have been submitted. Upon receipt of a complete application, the Department shall note the filing date on the application and shall make a permanent record thereof If the applicant fails to submit required elements, the application will not be considered complete, the application shall not be processed, and the filing, notification and advertising process established by this chapter will not begin until all required elements have been submitted in the form required by this chapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.065 SITE PLAN REVIEW; INTENT.
The City of Metropolis recognizes that the very nature of land development creates potential for traffic congestion, overcrowding, adverse visual environmental impacts, and health problems. The City seeks to ensure that any location that must accommodate urban use shall be subject to Site Plan Review by the Planning Commission. Site plan reviews shall help ensure that the meaning and intent of the Comprehensive Plan and Zoning Regulations, and all portions thereof, are fully complied with. The Site Plan Review regulates the development of structures and sites in a manner that considers the following concerns:
(A) The balancing of landowners’ rights to use their land, with the corresponding rights of abutting and neighboring landowners to live without undue disturbances (e.g., noise, smoke, fumes, dust, odor, glare, storm water runoff, and the like);
(B) The convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent areas or roads;
(C) The protection of historic and natural environmental features on the site under review, and in adjacent areas; and
(D) The stability of the built environment-particularly neighborhoods-by promoting new development that is compatible with both existing development and clearly identified natural resources.
(Ord. 2013-22, passed 11-25-2013)
§ 156.066 SITE PLAN; WHEN REQUIRED.
(A) The Planning Commission may waive the site plan review requirements and procedures. All Single Family dwellings less than 2,500 square feet in area, and non-residential structures or additions less than 2,500 square feet in area, are excluded from the site plan review requirements.
(B) Irrespective of their area in square feet, the following shall be subject to the site plan review requirements contained herein:
(1) All new uses or changes in use in the city’s “C-1” neighborhood commercial district;
(2) All non-residential structures or additions over 2,500 square feet;
(3) All redevelopment of a structure in which 75% or more of such structure is altered;
(4) All multifamily development including group community residences, nursing homes, assisted living facilities and duplexes;
(5) For properties in the flood plain, any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the “start of construction” of the structure.
(C) Building permits shall not be issued for any use of land or proposed construction on a lot in the zoning districts in which Site Plan Review is applicable, unless site plan review approval has been granted by the Administrative Official.
(Ord. 2013-22, passed 11-25-2013)
§ 156.067 SITE PLAN; REVIEW PROCEDURES.
(A) Pre-application conference: prior to application, a pre-application conference shall be held pursuant to § 156.061.
(B) Staff review: following application submittal, site plan reviews shall be performed by the Administrative Official, or his or her designated appointee(s), and all other department heads and agencies having jurisdiction over the development site. Following site plan review, a staff report including a recommendation shall be submitted to the Planning Commission for their review and approval. The staff report and recommendations shall be based on the following standards:
(1) The extent to which the proposal conforms to this chapter and the city’s Comprehensive Plan;
(2) The extent to which the development would be compatible with the surrounding area;
(3) The extent to which the proposal conforms to the provisions of the city’s Land Development Code;
(4) The extent to which the proposal conforms to customary engineering standards used in the city; and
(5) The extent to which the location of streets, paths, walkways, and driveways are located so as to enhance safety and minimize any adverse traffic impact on the surrounding area.
(C) Planning Commission review/approval: the Planning Commission shall perform their review at the next regularly scheduled meeting of the Planning Commission for which the item may be scheduled and shall adjourn and reconvene as is determined necessary.
(D) Appeals: the applicant may appeal a site plan determination to the City Council for approval in the event that an applicant alleges that there is an error in any order, requirement, decision or determination made by the Planning Commission in the enforcement of the City’s regulations or interpretation of the city’s Comprehensive Plan. The request for review by the City Council shall be accompanied by a complete description of the error(s) alleged. Appeals must be filed within ten days following the Commission’s decision, be in writing and filed with the Administrative Official accompanied by a filing fee as established in § 156.071. The protest shall specifically state how the application, as initially filed, or subsequently modified, fails to meet the criteria set forth in the regulations. The City Council may affirm, reverse, or modify, in whole or in part, any determination of the Commission. Such action shall be taken within 30 days from receipt of said appeal. An affirmative vote of two-thirds of the City Council shall be required to reverse or modify any recommendation by the Commission.
(Ord. 2013-22, passed 11-25-2013)
§ 156.068 SITE PLAN; SUBMISSION REQUIREMENTS.
(A) The site plan shall include the items listed in § 156.062 and the following data, details, and supporting plans which are found relevant to the proposal. The applicant shall make notations explaining the reasons for any omissions.
(B) Site plans shall be prepared by a registered professional engineer, architect, land surveyor or landscape architect, scaled and on standard 24 inch x 36 inch sheets. An electronic version, compatible with the City’s latest version of ArcGIS, CAD or such system employed by the City, shall also be provided. Items required for submission include:
(1) Name of the project, address, boundaries, date, north arrow and scale of the plan;
(2) Name and address of the owner of record, developer, and seal of the engineer, architect or landscape architect;
(3) Name and address of all owners of record of abutting parcels;
(4) A survey of the site sealed by certified surveyor registered in the State of Illinois showing the existing lot lines, easements, and rights-of-way and including the area in acres or square feet of the project site and all abutting lots;
(5) The location and use of all existing and proposed structures within the development. Include all dimensions of height and floor area, and show all exterior entrances and all anticipated future additions and alterations;
(6) The location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs and fences. Location, type, and screening details for all waste disposal containers shall also be shown;
(7) Location, height, intensity (measured in foot-candles), and bulb type (e.g., fluorescent, sodium, incandescent) of all external lighting fixtures. The direction of illumination and methods to eliminate glare onto adjoining properties must also be shown;
(8) The location, height, size, materials, and design of all proposed signage;
(9) A table containing the following information:
(a) Area of structure to be used for a particular use, such as retail operation, office, storage, and the like;
(b) Maximum number of employees;
(c) Maximum seating capacity, where applicable; and
(d) Number of parking spaces existing and required for the intended use;
(10) Architectural elevations of all building faces drawn to scale depicting the design, scale, color and description and location of the proposed exterior building materials;
(12) The location of all present and proposed utility systems including:
(a) Sewerage system;
(b) Water supply system;
(c) Gas supply system;
(d) Telephone, cable and electrical systems;
(e) Storm drainage system including existing and proposed drain lines, culverts, catch basins, headwalls, end walls, hydrants, manholes, and drainage swells;
(13) Plans to prevent the pollution of surface or groundwater, erosion of soil both during and after construction, excessive run-off, excessive raising or lowering of the water table, and flooding of other properties, as applicable;
(14) Existing and proposed topography shown at not more than five foot contour intervals. All elevations shall refer to the United States Geodetic Survey (USGS) datum. If any portion of the parcel is within the 100-year flood plain, the area shall he shown, with base flood elevations; and the developer shall present plans for meeting Federal Emergency Management Agency (FEMA) requirements;
(15) Zoning district boundaries and classifications adjacent to the site’s perimeter shall be drawn and identified on the plan;
(16) Traffic flow patterns shown within the site, entrances and exits, loading and unloading areas, curb cuts on the site and within 100 feet of the site. The Public Works Director may require a detailed traffic study for mixed use and multi-tenant developments, or for developments in heavy traffic areas which shall include, but not limited to:
(a) The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak hour traffic levels;
(b) The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by the proposed use of the site; and
(c) The impact of this traffic upon existing abutting public and private ways in relation to existing road capacities. Existing and proposed daily and peak hour traffic levels, as well as road capacity levels, shall also be given; and
(17) Covenants trust indentures and/or deed restrictions clearly defining the installation and maintenance of any shared open spaces, common areas, detention/retention areas and other requirements beyond those provided herein.
(Ord. 2013-22, passed 11-25-2013)
§ 156.069 SITE PLAN; DEVELOPMENT STANDARDS.
All development requiring site plan review shall comply with the following minimum standards:
(A) All electrical and mechanical equipment located adjacent to the building and visible from any adjacent public thoroughfare or a residentially zoned area shall be screened from view (100% opacity). Such screens and enclosures shall be treated as integral elements of the building’s appearance. Gas and electric meters located near vehicular use areas shall be protected by bollards or other means as approved by the city;
(B) All telephone and cable television lines, electrical services and distribution lines shall be placed underground, except that this provision shall not include meters, electric and telephone service pedestals, transformers, three-phase feeder lines, sub-transmission and transmission lines, electrical substations and such other facilities as the utility may deem necessary to install utilizing “overhead” type construction;
(C) Pedestrian access shall be an integral part of the overall design of each multi-family, commercial, office/institutional and industrial development. The pedestrian access should provide not only safe and convenient access to and from off-street parking areas but should also connect with abutting properties and developments so as to create an alternative means of transportation for residents of the city:
(1) Sidewalks at least five feet in width shall be provided along all sides of a lot that abut a dedicated public or private street;
(2) Sidewalks shall be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting a public parking area. Such sidewalks shall be located at least five feet away from the building facade. This area between the building and sidewalk shall contain landscaping and other site amenities complementary to the building and site design; and
(3) The form and proportion of buildings shall be consistent or compatible with the scale, form and proportion of existing development in the immediate area;
(D) Architectural design should create visual interest through the use of different textures, complementary colors, shadow lines and contrasting shapes. The use of walls in a single color, with little detailing or completely blank, is discouraged;
(E) Building facades that are 100 feet or greater in length shall incorporate recesses and projections along at least 20% of the length of the building facade;
(F) Shared access, parking and/or cross access agreements are encouraged and shall be in place with neighboring uses or properties prior to authorization of any occupancy permits;
(G) Loading docks, trash enclosures, outdoor storage and similar facilities and functions shall be incorporated into the overall design of the building and the landscaping so that the visual and acoustic impacts of these functions are reduced to as great an extent as possible and are out of view from adjacent properties and public street;
(H) All buildings which lie in whole or in part, within 150 feet of a major road or highway, including but not limited to Interstate 24, US Highway 45, and State Route 145, shall comply with the “Standards for Buildings on Major Roads” found in § 156.363; and
(Ord. 2013-22, passed 11-25-2013)
§ 156.070 BUILDING PERMIT REQUIREMENTS.
(A) No building permit shall be issued by the Administrative Official except in conformity with the sections of this chapter, or upon written order from the Zoning Board of Appeals for variance.
(B) Building permits issued on the basis of plans and applications approved by the Administrative Official authorize only the use, arrangement and construction set forth in such approved plans and applications, and any other use, arrangement or construction of buildings and structures shall be deemed a violation of this chapter.
(C) The initial building permit shall be valid for one year, or until revoked for failure to abide by a corrective action order. The Administrative Official may renew initial building permits for successive one-year periods upon written request, provided the applicant is making a good-faith effort to complete the authorized work.
(D) Permits are required for accessory buildings larger than 120 square feet. For accessory buildings less than or equal to 120 square feet, no permit is required but all applicable codes regarding accessory buildings must be followed.
(Ord. 2013-22, passed 11-25-2013)
§ 156.071 FEE SCHEDULE.
For this chapter, the following nonrefundable fee schedule is adopted. Such fees shall be paid by the applicant at the time the application is submitted or filed, except, no fee shall be required for an application by the Administrative Official acting in his or her official capacity, the Zoning Board of Appeals, City Council, or the Planning Commission.
Zoning verification letter | $50* |
Appeals to Zoning Board of Appeals | $150 |
Appeals to the City Council | $200 |
Variances | $250 |
Zoning district amendment | $150 |
Zoning text amendments | $100 |
Special use permits | $125 |
Site plan reviews | $125 |
Sign permit plus $0.15 for each foot over 50 square feet | $25 |
Home occupation permit | $10** |
Preliminary plans - (planned unit developments) | |
Less than two (2) acres | $200 |
Two (2) acres to 15 acres | $300 |
16 acres to 25 acres | $400 |
25 acres or more | $500 |
* $50.00 non-refundable deposit, additional fees will be charged as needed on a time and material basis.
Note: Some fees may be waived for property located within an Enterprise Zone.
Note: Costs for notifications and a court reporter, if required, shall be paid by the applicant at the appropriate time.
(Ord. 2013-22, passed 11-25-2013)
§ 156.085 ACCESSORY BUILDINGS AND USES.
This section sets forth regulations regarding certain activities as being accessory to the main use of the premises. An activity will be considered an accessory use or accessory structure when it is commonly associated with, integrally related to and a customarily incidental part of the main use of the property. Accessory uses shall he permitted only in the districts as set forth in Table 156.345.1.
(Ord. 2013-22, passed 11-25-2013)
§ 156.086 ACCESSORY USES WHEN PERMITTED.
Accessory uses not enumerated in Table 156.345.1 or in the zoning district regulations may be permitted as an accessory use only if the use clearly satisfies the criteria contained in the definition of accessory use and the criteria contained in this Section. All accessory uses that do not clearly satisfy these requirements shall be permitted only by special use permit.
(Ord. 2013-22, passed 11-25-2013)
§ 156.087 ACCESSORY USES; DEVELOPMENT CRITERIA.
No accessory building shall be constructed upon a lot until the construction of the principal building has been commenced, and no accessory building shall be used unless the principal building is also used, provided nothing in this Section shall be construed to prevent the use of a temporary structure for the purpose of storing tools, materials, and equipment during construction of the principal building.
(A) No accessory building shall be erected in any required yard except as provided in this subchapter.
(B) No accessory building shall be erected closer than 10 feet from the principal building, or closer than five feet of any other building on the lot.
(C) No accessory building shall be located in front of the front wall, and the line running perpendicular to the front wall, of the principal building on the lot; nor shall an accessory building occupy any side yard.
(D) No accessory building shall be built closer than ten feet to the rear property line. If an easement exists greater than the ten feet, then the accessory building shall be located adjacent to the easement. Accessory buildings must meet the required setback for the side lot line as is applicable, as set forth in the appropriate zoning classification.
(E) No accessory use including, but not limited to patios and parking areas, shall be located within three feet from any interior, side, or rear property line. This shall include the storage of boats, personal watercrafts, motorcycles, RVs and trailers.
(F) No accessory building or use shall be closer than 25 feet to any public right of way, excluding driveways or alleys.
(G) Accessory buildings, with the exception of Guest Houses which have received a special use permit for operation within an “R-1-A” district, shall not be used as dwellings.
(H) An accessory building or structure shall be subordinate in area, extent of use and fair market value to its principal building or structure.
(Ord. 2013-22, passed 11-25-2013)
§ 156.088 ACCESSORY USES; MAXIMUM AREA AND HEIGHT.
(A) No single detached structure or use accessory to any residential use shall occupy more than 10% of the total area of the zoning lot, unless such detached structure or use is limited to a smaller amount of square footage by division (B) or (C) of this section. All single detached structures or uses accessory to any residential building shall be in keeping with the design of such residential building.
(B) A detached garage shall have a gross floor area of no more than 50% of the floor area of the principal residential building, or 1,500 square feet, whichever is less.
(C) No structure or use, other than automobile storage that is accessory to a residential building, shall exceed 400 square feet in gross floor area, unless permitted by a special use permit. Such structure or use shall be in keeping with the design of such residential building. No part of such structure shall be located in the front yard setback.
(D) No more than one accessory structure or use, excluding a detached garage used for automobile storage, shall be permitted, per dwelling, in the city’s single family and two-family districts.
(E) No detached structure, or use, accessory to any residential use shall exceed 25 feet in height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.100 REVIEW REQUIRED FOR SPECIAL USES.
This chapter divides this city into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such special uses require careful case-by-case review, and may be allowed only by permission of the Council. Any proposal to construct a non-residential structure greater than 2,500 square feet shall comply with the Site Plan Review Procedures contained in § 156.067.
(Ord. 2013-22, passed 11-25-2013)
§ 156.101 SPECIAL USE PERMIT; WHEN REQUIRED.
A landowner shall obtain a special use permit prior to the issuance of a building permit:
(B) For any use otherwise requiring a special use permit by this subchapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.102 SPECIAL USE PERMIT; APPLICATION REQUIREMENTS AND PROCEDURES.
Every applicant for a special use permit under this chapter shall submit to the Administrative Official a special use permit application provided by the city along with the following items of information:
(A) Name and address of the applicant;
(B) Name and address of the owner or operator of the proposed structure or use, if different from division (A) of this section;
(C) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
(D) Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;
(E) Area and dimensions of the site for the proposed structure or uses;
(F) Existing and proposed screening, landscaping and erosion-control features on the site, including the parking area;
(G) Height and setbacks of the proposed structure;
(H) Number and size of proposed dwelling units, if any;
(I) Location and number of proposed parking/loading spaces and accessways;
(J) Any other pertinent information that the Administrative Official may require; and
(K) Check payable to the city for any application or review fees pursuant to § 156.071.
(Ord. 2013-22, passed 11-25-2013)
§ 156.103 SPECIAL USE PERMIT; PLANNING COMMISSION REVIEW.
(A) The Administrative Official shall prepare an advisory report on every request for a special use permit and present said report to the Planning Commission at the next regular Planning Commission meeting. The Planning Commission shall review the application for the following factors:
(1) Whether the proposed special use is consistent with the City’s comprehensive plan; and
(2) The effect the proposed special use would have on public utilities and on traffic circulation.
(B) The Planning Commission, after its review, will immediately submit its advisory report, together with the advisory report from the Administrative Official, to the Zoning Board of Appeals for its review.
(Ord. 2013-22, passed 11-25-2013)
§ 156.104 SPECIAL USE PERMIT; PUBLIC HEARING AND NOTICE REQUIREMENTS.
The Zoning Board of Appeals shall hold a public hearing on every special use permit proposal within a reasonable time after the proposal has been submitted to them. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and the place of the hearing, and the nature of the proposed special use, shall be given not more than 30 days nor less than 15 days before the hearing by:
(A) First class mail to all parties whose property would be directly affected by the proposed special use;
(B) Publication in a newspaper of general circulation within this city.
(Ord. 2013-22, passed 11-25-2013)
§ 156.105 SPECIAL USE PERMIT; ZONING BOARD OF APPEALS REVIEW.
Within a reasonable time after the public hearing, the Zoning Board of Appeals shall submit its advisory report on the special use permit required under this Section to the Council. In deciding what their advice should be, the Zoning Board of Appeals shall consider the following factors:
(A) Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;
(B) Whether the proposed special use is consistent with this city’s Comprehensive Plan;
(C) The effect the proposed special use would have on the value of neighboring property and on this city’s overall tax base;
(D) The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and
(E) Whether there are any facilities near the proposed special use, such as schools or hospitals that require special protection.
(Ord. 2013-22, passed 11-25-2013)
§ 156.106 SPECIAL USE PERMIT; COUNCIL ACTION.
The City Council shall act on every request for a special use permit at their next regularly scheduled meeting following submission of the Zoning Board of Appeals’ advisory report. Without further public hearing, the Council may grant a special use permit by an ordinance passed by simple majority vote of all members. The City Council may affirm, reverse, or modify, in whole or in part, any determination of the Zoning Board of Appeals. Such action shall be taken within 30 days from receipt of said advisory report. An affirmative vote of two-thirds of the City Council shall be required to reverse or modify any recommendation in the Zoning Board of Appeals’ report. In a separate statement accompanying any such ordinance, the Council shall state their findings of fact, and indicate their reasons for approving, with or without conditions, or denying the request for a special use permit.
(Ord. 2013-22, passed 11-25-2013)
§ 156.120 ZONING AMENDMENTS.
The Council may amend this chapter in accordance with Illinois State Statute (ILCS Ch. 65, Act 5, § 11-13-14) and §§ 156.120 through 156.127. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, and prohibited) shall be deemed proposed amendments. The Council, the Administrative Official, the Zoning Board of Appeals, the Planning Commission or any interested party, may propose amendments.
(Ord. 2013-22, passed 11-25-2013)
§ 156.121 ZONING AMENDMENTS; APPLICATIONS AND FEES.
Every proposal to amend this chapter shall be filed with the Administrative Official on forms provided by the city along with the appropriate fees pursuant to § 156.071, “Fee Schedule”. Every amendment proposal shall also be filed with the soil and water conservation district, as per Illinois State Statues (ILCS Ch. 70, Act 405, § 22.02a).
(Ord. 2013-22, passed 11-25-2013)
§ 156.122 ZONING DISTRICT AMENDMENTS; MATTERS TO BE CONSIDERED.
When the Administrative Official receives an application for a zoning amendment, he or she shall forward a copy to the Planning Commission. At the next regular Planning Commission meeting, the Commission will review the application for the following factors:
(A) Whether the proposed amendment is consistent with the city’s Comprehensive Plan and this chapter;
(B) Whether the proposed amendment promotes the health safety, quality of life, comfort and general welfare of the city;
(C) Adequacy of public utilities, traffic circulation and other needed public services;
(D) Compatibility of the proposed amendment to the existing character of the neighborhood.
(E) The extent to which the zoning amendment may detrimentally affect nearby property;
(F) Suitability of the uses to which the property has been restricted under its existing zoning.
(Ord. 2013-22, passed 11-25-2013)
§ 156.123 ZONING TEXT AMENDMENTS; MATTERS TO BE CONSIDERED.
When the Administrative Official receives an application for a zoning text amendment, the Administrative Official shall forward a copy to the Planning Commission. At the next regular Planning Commission meeting, the Commission will review the application for the following factors:
(A) Whether the proposed amendment is consistent with the city’s Comprehensive Plan and this chapter;
(B) Whether the proposed amendment is made necessary because of changed or changing conditions in the physical areas and zoning districts affected or in the political jurisdiction(s) of such changed and changing conditions.
(Ord. 2013-22, passed 11-25-2013)
§ 156.124 ZONING AMENDMENTS; PLANNING COMMISSION REVIEW.
The Planning Commission, after its review, shall immediately submit an advisory report, together with any comments or recommendations from the Administrative Official, to the City Council for its review and public hearing.
(Ord. 2013-22, passed 11-25-2013)
§ 156.125 ZONING AMENDMENTS; PUBLIC HEARING AND NOTICE REQUIREMENTS.
The Planning Commission shall hold a public hearing on every zoning amendment proposal within a reasonable time after the proposal has been submitted to it. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and the place of the hearing, and the nature of the proposed amendment, shall be given not more than 30 nor less than 15 days before the hearing by:
(A) First class mail to all parties whose property would be directly affected by the proposed amendment, provided by the applicant; and
(B) Publication in a newspaper of general circulation within this city.
(Ord. 2013-22, passed 11-25-2013)
§ 156.126 ZONING AMENDMENTS; PLANNING COMMISSION FACTORS FOR CONSIDERATION.
Within a reasonable time after the public hearing on a zoning amendment the Planning Commission shall submit their advisory report to the City Council. The report shall state the Planning Commission’s recommendations regarding adoption of the proposed amendment, and its reasons therefore. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the Planning Commission shall include in its advisory report findings of fact concerning each of the following matters:
(A) Existing use and zoning of the property in question;
(B) Existing use and zoning of other lots in the vicinity of the property in question;
(C) Suitability of the property in question for uses already permitted under existing requirements;
(D) Suitability of the property in question for the proposed uses;
(E) The type, density and character of development in the vicinity of the property in question, including changes, if any, which may have occurred since the property was initially zoned or last rezoned;
(F) The effect the proposed rezoning would have on implementation of this city’s comprehensive plan;
(G) The effect the proposed use would have on public utilities and on traffic circulation on nearby streets.
(Ord. 2013-22, passed 11-25-2013)
§ 156.127 ZONING AMENDMENTS; COUNCIL ACTION.
(A) The Council shall act on every proposed zoning amendment at their next regularly scheduled meeting following submission of the Planning Commission’s advisory report. Without further public hearing the Council may pass any proposed amendment, or may refer it back to the Planning Commission for further consideration by the Planning Commission, by simple majority vote of all the members then holding office.
(B) The favorable vote of at least two-thirds of all the members of the Council is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley there from, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered. (See ILCS Ch. 65, Act 5, § 11-13).
(Ord. 2013-22, passed 11-25-2013)
§ 156.140 VARIANCES; DEFINITION AND PURPOSE.
A variance is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure or use. A “use variance,” which would allow a use that is neither permitted nor special in the district in question, is not a variance, it is an amendment, and may be granted only as provided for in §§ 156.120 through 156.127. Any proposal to construct a non-residential structure greater than 2,500 square feet shall comply with the Site Plan Review Procedures contained in § 156.067.
(Ord. 2013-22, passed 11-25-2013)
§ 156.141 VARIANCES; APPLICATION REQUIREMENTS.
Every application for a variance to this chapter shall be filed by petitioner with the Administrative Official on forms provided by the City along with the appropriate fees pursuant to § 156.071, “Fee Schedule”. Every variance application shall also be filed with the soil and water conservation district, as per Illinois State Statue (ILCS Ch. 70, Act 405, § 22.02a). The Administrative Official shall promptly transmit the application, together with any advice he might wish to offer, to the Zoning Board of Appeals. The application shall contain sufficient information to allow the Board to make an informed decision, and shall include, at a minimum, the following:
(A) Name and address of the applicant and a listing of the name and address of the owners of all property located within 250 feet of the boundaries of the property included in the application;
(B) Location of the structure/use for which the variance is sought;
(C) Relationship of the structure/use to existing structures/uses on adjacent lots;
(D) Specific section of this chapter containing the requirements which, if strictly applied, would cause a serious problem;
(E) Any other pertinent information that the Administrative Official may require.
(Ord. 2013-22, passed 11-25-2013)
§ 156.142 VARIANCES; PUBLIC HEARING AND NOTICE REQUIREMENTS.
The Zoning Board of Appeals shall hold a public hearing on each zoning variance request within a reasonable time after the variance application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing and the nature of the proposed variance, shall be given not more than 30 nor less than 15 days before the hearing by:
(A) First class mail to the applicant, and to all parties whose property would be directly affected by the proposed variance;
(B) Publication in a newspaper of general circulation within this city.
(Ord. 2013-22, passed 11-25-2013)
§ 156.143 VARIANCES; STANDARDS FOR CONSIDERATION.
(A) The Zoning Board of Appeals shall not grant any zoning variance unless, based upon the evidence presented to them, they determine that:
(1) The applicant acquired his property in good faith and where by reason of exceptional narrowness, shallowness or shape of his specific piece of property at the time of the effective date of this code, or where by reasons of exceptional topographical conditions or other extraordinary circumstances, that the strict application of the terms of the zoning regulations actually prohibit the use of this property in the manner similar to that of other property in the zoning district where it is located;
(2) The proposed variance is consistent with the general purpose of § 156.140;
(3) Strict application of this chapter of which the variance is requested would constitute unnecessary hardship upon the property owner represented in the application;
(4) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship and allow a reasonable return on the property;
(5) The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zoning district and is not created by an action or actions of the property owner or applicant;
(6) The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning);
(7) The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of this city’s comprehensive plan.
(B) In granting a variance, the Board may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations.
(Ord. 2013-22, passed 11-25-2013)
§ 156.144 VARIANCES; TERMS OF RELIEF AND FINDINGS OF FACT.
The Zoning Board of Appeals shall render a decision on every zoning variance request within a reasonable time after the public hearing In accordance with Illinois State Statute (ILCS Ch. 65, Act 5, § 11-13-3.1), the Zoning Board of Appeals shall specify the terms of relief granted, if any, in one statement, and their findings of fact in another statement. The findings of fact shall clearly indicate the Board’s reasons for granting or denying any requested variance.
(Ord. 2013-22, passed 11-25-2013)
§ 156.155 APPEALS; PROCEDURE.
Any person aggrieved by any decision or order of the Administrative Official, Planning Commission or City Council in any matter related to the interpretation or enforcement of any Section of this chapter may appeal to the Zoning Board of Appeals. Every such appeal shall be made and treated in accordance with Illinois State Statute (ILCS Ch. 65, Act 5, § 11-13-12) and this section.
(Ord. 2013-22, passed 11-25-2013)
§ 156.156 APPEALS; TIME LIMIT FOR FILING; TRANSMITTAL OF RECORDS TO BOARD.
Every appeal under this chapter shall be made within 15 days of the matter complained of by filing with the Administrative Official and the Zoning Board of Appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the soil and water conservation district as per Illinois State Statute (ILCS Ch. 70, Act 405, § 22.02a). Not more than five working days after the notice of appeal has been filed, the Administrative Official shall transmit to the Zoning Board of Appeals all records pertinent to the case.
(Ord. 2013-22, passed 11-25-2013)
§ 156.157 APPEALS; FILING STAYS FURTHER PROCEEDINGS, EXCEPTION.
An appeal under this chapter stays all further action on the matter being appealed unless the Administrative Official certifies to the Zoning Board of Appeals, after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Board or the circuit court grants a restraining order for due cause, and so notifies the Administrative Official.
(Ord. 2013-22, passed 11-25-2013)
§ 156.158 APPEALS; PUBLIC HEARING; NOTICE REQUIREMENTS.
The Zoning Board of Appeals shall hold a public hearing on every zoning appeal within a reasonable time after the filing of the appeal notice at the hearing; any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing and briefly describing the issue to be decided shall be given not more than 30 nor less than 15 days before the hearing by:
(A) First class mail to all parties directly affected by the appeal;
(B) Publication in a newspaper of general circulation within this city.
(Ord. 2013-22, passed 11-25-2013)
§ 156.159 APPEALS; DECISION BY ZONING BOARD OF APPEALS.
The Zoning Board of Appeals shall render a decision on the appeal under this chapter within a reasonable time after the hearing. The Board may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. In so doing, the Zoning Board of Appeals has all the powers of the Administrative Official.
(Ord. 2013-22, passed 11-25-2013)
§ 156.170 DISTRICTS ESTABLISHED AND DESIGNATED.
The following zoning districts are hereby established in order to achieve the purposes enumerated in § 156.001, “Purpose and Objectives”. The regulations herein shall apply to these districts. All principal structures hereafter erected, enlarged, or reconstructed shall adhere to the following applicable district regulations.
(Ord. 2013-22, passed 11-25-2013)
§ 156.171 DISTRICT BOUNDARIES; ZONING MAP ADOPTED.
An official zoning map defining the zone or district boundaries is hereby adopted by reference, and declared to be part of this chapter.
District | Designation |
District | Designation |
Agricultural | A |
Single-family residence | R-1-A |
Single-family residence | R-1-B |
Single-family residence | R-1-C |
Single-family residence | R-1-D |
Single-family residence | R-1-E |
Two-family residence | R-2-A |
Two-family residence | R-2-B |
Multi-family residence | R-3 |
Neighborhood business | C-1 |
Central business | C-2 |
Highway business | C-3 |
Limited business | C-4 |
Industrial | I |
Manufactured home overlay | M |
(A) The official zoning map shall be identified by the signature of the Mayor and attested by the City Clerk and bearing the seal of the city under the following words, “This is to certify that this is the Official Zoning Map referred to in (Insert Section Number) of Ordinance No. (____) of the City of Metropolis, State of Illinois”, together with the date of the adoption of the ordinance from which this chapter derives.
(B) If, in accordance with this chapter and state statutes, changes are made in zone or district boundaries or other matters on the official zoning map, such changes shall be attached to the amended zoning map as follows. After the amendment is approved, the ordinance authorizing said amendment shall be attached to the official zoning map and shall state the date of the change and a brief description of the change. Such amendment shall remain attached to the existing official zoning map until such time as the map can be updated, at which time all such amendments shall be incorporated into the official zoning map.
(C) If the official zoning map is damaged, destroyed, lost or becomes difficult to interpret, the City Council may, by resolution, adopt a new official zoning map, which shall supersede the prior map but shall not have the effect of amending the official zoning map. The resolution approving said official zoning map shall be attached to the official zoning map indicating the date of adoption of map being replaced.
(D) Unless the official zoning map has been lost, or has been totally destroyed, any significant part thereof shall be preserved together with all available records pertaining to its adoption or amendment.
(Ord. 2013-22, passed 11-25-2013)
§ 156.172 ZONING MAP ANNUAL PUBLICATION.
The city authorities shall cause to be published no later than March 31 of each year the official zoning map, clearly showing existing zoning uses, divisions, restrictions, regulations and classifications of the city for the preceding calendar year. If in any calendar year after the first official zoning map is published there are no changes in zoning uses, divisions, restrictions, regulations and classifications in the city, no map shall be published for such calendar year.
(Ord. 2013-22, passed 11-25-2013)
§ 156.173 RULES FOR INTERPRETING DISTRICT BOUNDARIES.
(A) Where uncertainty exists as to the boundaries of zoning districts or zones shown on the official zoning map, the following rules shall apply:
(1) Boundaries indicated as approximately following the centerlines of streets, highway or alleys shall be construed to follow such centerlines;
(2) Boundaries indicated as approximately following platted lot lines shall be construed to follow such lot lines;
(3) Boundaries indicated as approximately following city limits shall be construed as following such city limits;
(4) Boundaries indicated as following railroad lines shall be construed to be midway between the tracks;
(5) Boundaries indicated as parallel to or extensions of features indicated in divisions (A)(1) through (4) of this section shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map;
(6) Where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by divisions (A)(1) through (5) of this section, the Zoning Board of Appeals shall interpret the zone or district boundaries;
(7) Where a district boundary line divides a lot which was in single ownership at the time of passage of the ordinance from which this section derives, the Zoning Board of Appeals may permit, as a special exception, the extension of the requirements for either portion of the lot not to exceed 50 feet beyond the district line into the remaining portion of the lot;
(8) Where any land or territory within the city is not shown to be located in a district, the zoning regulations of the most restrictive adjoining district shall govern.
(B) Whenever any street, alley or other public way is vacated by official action of the City Council, the zoning district adjoining each side of such street, alley or public way shall be automatically extended to the center of such vacation, and all area included in the vacation shall then be subject to all requirements of the extended district.
(C) In the event the exact location of a boundary cannot be determined by the foregoing methods, the Zoning Board of Appeals shall, upon application, determine the location of the boundary.
(Ord. 2013-22, passed 11-25-2013)
§ 156.174 ANNEXED TERRITORY.
All property that is annexed to the City following the effective date of the ordinance from which this chapter derives, shall be annexed as “R-1-C” residential district. Nothing in this Section should be construed to prevent the use of annexation agreements as set out in the state statutes.
(Ord. 2013-22, passed 11-25-2013)
§ 156.175 MINIMUM SETBACK FOR PROPERTY ADJACENT TO MUNICIPAL PARKS.
(A) No structure shall be constructed within 50 feet of a municipal park boundary on any lot within the city corporate limits. Such building restriction applies to all zoning districts.
(B) No existing structure which is not in accord with the foregoing restriction in division (A) of this section, shall be enlarged, altered or reconstructed unless such enlargement, alteration or reconstruction is no closer to the municipal park than is the existing structure, and both the existing structure, and its enlargement, alteration or reconstruction conform with all other applicable regulations of this chapter.
(C) No existing structure which is not in accord with the foregoing restriction in division (A) of this section, shall be relocated unless such relocation moves the structure no closer to the park than was the structure prior to its relocation.
(Ord. 2013-22, passed 11-25-2013)
§ 156.176 OVERLAY DISTRICTS.
A district in which additional requirements act to supersede or supplement, as applicable, the regulations of the base zoning district(s). All property in an overlay district shall be used, developed, redeveloped or improved in conformity with the overlay district requirements.
(Ord. 2013-22, passed 11-25-2013)
§ 156.190 INTENT.
The “A” district is established to provide areas for Agricultural operation and very low density residential development, and in order to minimize the premature development of land and reduce the impact of urban development on rural areas. It is also intended to conserve rural character, reduce the demand for urban services and reduce service delivery costs for local government. In the “A” district, new uses proposed after the effective date of the ordinance from which this chapter derives, or changes in existing uses which are proposed after the effective date of the ordinance from which this chapter derives, shall comply with the site plan review procedures in §§ 156.060 through 156.071.
(Ord. 2013-22, passed 11-25-2013)
§ 156.191 LOT AND BUILDING REQUIREMENTS.
Every agricultural or residential unit erected in the “A” district shall conform to the following requirements:
(A) Minimum district area: five acres;
(B) Minimum lot area: one acre;
(C) Minimum lot width: 50 feet;
(D) Minimum setbacks:
(1) From front lot line: 25 feet or conform to the setback of existing structures, whichever is greater;
(2) From any side lot line: 25 feet;
(3) From rear lot line: 50 feet;
(E) Maximum building height: 40 feet;
(F) Maximum building size: 6,000 square feet;
(G) Unless built on a flat slab, all buildings constructed in this District must be constructed with crawl spaces at a minimum of 24 inches in height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.192 PERMITTED USES.
(Ord. 2013-22, passed 11-25-2013)
§ 156.193 LIMITATIONS.
(A) Outdoor storage is not permitted, unless those goods, materials, merchandise or vehicles stored on the property are required for the agricultural operations occurring on such property; outdoor storage is also permitted if authorized pursuant to an approved site plan or special use permit.
(B) The following uses are exempt from the district Maximum building height standard: agricultural buildings and structures such as, but not limited to, silos, windmills and grain elevators. Dwellings are not exempt from such maximum building height standard.
(C) The following uses are exempt from the district maximum building size standard: agricultural buildings and structures such as, but not limited to, barns, silos and grain elevators. Dwellings are not exempt from such maximum building size standard.
(D) Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential dwelling which is located outside an “A” district, and so that no glare is visible to any traffic on any public street.
(E) Public improvements, open space, or other amenities shall be required as approved by the City Council to mitigate impact of non-residential uses when such uses in this district are located near residential uses.
(Ord. 2013-22, passed 11-25-2013)
§ 156.205 INTENT.
In the “R-1-A”, “R-1-B”, “R-1-C”, “R-1-D” and “R-1-E” single-family districts, land is principally used for, or is best suited for, detached single-family dwellings, and related educational, religious and recreational facilities. New development should be located in areas served by publicly-provided sanitary sewer and water. The requirements applicable to each single-family residence district are intended to stabilize and preserve sound existing neighborhoods developed at varying densities. The “R-1-D” district is designed to preserve the original City and is not intended for future subdivisions.
(Ord. 2013-22, passed 11-25-2013)
§ 156.206 PRINCIPAL BUILDINGS.
In the “R-1-A”, “R-1-B”, “R-1-C”, “R-1-D” and “R-1-E” districts, only one (1) principal building shall be erected on any lot.
(Ord. 2013-22, passed 11-25-2013)
§ 156.207 PERMITTED USES.
(Ord. 2013-22, passed 11-25-2013)
§ 156.208 SUPPLEMENTAL USE REGULATIONS.
Some uses permitted in this district are subject to supplemental regulations. Please refer to the Supplemental Use Regulations referenced in
Table 156.345.1
and provided in § 156.345.
(Ord. 2013-22, passed 11-25-2013)
§ 156.209 LOT AND BUILDING REQUIREMENTS.
(A) Every principal building erected in any “R-1-A”, “R-1-B”, “R-1-C”, “R-1-D” and “R-1-E” district shall conform to the applicable requirements of this chapter and the requirements indicated in tabular form as follows:
Requirements “R-1-A”, “R-1-B”, “R-1-C”, “R-1-D”, “R-1-E”
Requirements | R-1-A | R-1-B | R-1-C | R-1-D | R-1-E |
Requirements | R-1-A | R-1-B | R-1-C | R-1-D | R-1-E |
Minimum district size | 5 acres | 2 acres | 2 acres | 2 acres | 2 acres |
Lot area (square feet) | 20,000 | 10,000 | 7,000 | 5,000 | 4,800 |
Lot width (feet) | 150 | 100 | 60 | 50 | 40 |
Front setback (feet) | 25 | 25 | 25 | 10 | 10 |
Side setback (feet) | 15 | 10 | 7 | 5 | 5 |
Rear setback (feet) | 20 | 20 | 20 | 20 | 20 |
Building height (feet) | 35 | 35 | 35 | 35 | 25 |
Min. floor area - main structure | 1,200 | 1,000 | 1,000 | 800 | 800 |
Max. lot coverage | 30% | 30% | 30% | 30% | 30% |
(B) Unless built on a flat slab, all buildings constructed in these Districts must be constructed with crawl spaces at a minimum of 24 inches in height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.220 INTENT.
(A) The “R-2-A” and “R-2-B” two-family attached residence districts are established to stabilize and conserve existing neighborhoods that predominately consist of two-family dwellings. These districts are also intended to promote the development of comparable new areas in order to accommodate all persons desiring this type of residential environment. New development should be located in areas served by publicly-provided sanitary sewer and water.
(B) The “R-3” district is intended only for preexisting “R-3” zoning and shall permit as a lawful use only the specific zoning of property in effect on the effective date of this Code. After the effective date of this code, no new zoning ordinances shall authorize the “R-3” district without approval of a planned unit development. The “R-3” district regulations are provided herein to encourage well planned high-density residential development and planned mixed-use developments consisting of a variety of housing types, densities and styles pursuant to the planned district procedures provided in this chapter and the city’s Comprehensive Plan.
(Ord. 2013-22, passed 11-25-2013)
§ 156.221 PERMITTED USES.
The city’s “R-2-A” and “R-2-B” districts permit a wide range of residential densities and uses. The “R-2-A” district is restricted to 1-3 unit dwellings. The “R-2-B” district is restricted to 1-4 unit dwellings. Uses in the “R-3” district are limited to the uses which were approved prior to the date of this code provided they are located on lots of record that were established prior to the adoption of this code. All new uses or change in use in the “R-3” district shall require rezoning. A list of permitted, planned, special and accessory uses are listed in Table 156.345.1.
(Ord. 2013-22, passed 11-25-2013)
§ 156.222 SUPPLEMENTAL USE REGULATIONS.
Some uses permitted in this district are subject to supplemental regulations. Please refer to the Supplemental Use Regulations referenced in
Table 156.345.1
and provided in §§ 156.360 through 156.371.
(Ord. 2013-22, passed 11-25-2013)
§ 156.223 LOT AND BUILDING REQUIREMENTS.
(A) Except as permitted as a planned use, only one principal building shall be erected on any lot in the “R-2-A”, “R-2-B” and “R-3” districts. All detached single-family dwellings shall comply with the lot requirements of the “R-1-C” district. All other principal buildings shall conform to the requirements of the chapter and the requirements indicated in tabular form as follows:
Requirements “R-2-A”, “R-2-B”, “R-3”
Requirements | R-2-A | R-2-B | R-3 |
Requirements | R-2-A | R-2-B | R-3 |
Minimum district size | 2 acres | 1 acres | 2 acres |
Lot area (square feet) | 7,000 | 3,500 | 3,000 |
Lot width (feet) | 70 | 70 | *50 |
Front setback (feet) | 25 | 25 | 25 |
Side setback (feet) | 7 | 7 | 7 |
Rear setback (feet) | 20 | 20 | 20 |
Building height (feet) | 35 | 35 | 45 |
Min. Floor area - main structure | 800 | 800 | 800 |
Max. Lot coverage | 30% | 30% | 30% |
* 50' plus 25' for each additional story over 2. | |||
(B) Unless built on a flat slab, all buildings constructed in these Districts must be constructed with crawl spaces at a minimum of 24 inches in height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.224 MULTI-FAMILY DESIGN GUIDELINES.
All multifamily development including group community residences, nursing homes, assisted living facilities and duplexes are subject to site plan review procedures found in §§ 156.060 through 156.071 and shall comply with the city’s Comprehensive Plan Design and Development Guidelines and the following design guidelines:
(A) Architectural design: the architectural design of multifamily housing is a key element in determining the character of a neighborhood. The architectural design of each unit or building should impart a feeling of residential scale. Units should be designed with vertical and horizontal offsets to break up rooflines, define private outdoor areas, allow greater views, and admit light and air to unit interiors. Large, blank wall surfaces should be avoided. Windows and projecting wall surfaces should be used to break up larger wall surfaces and establish visual interest. The same level of architectural design and quality of materials should be applied to all sides of the building. The side and rear elevations, garages, carports, and all accessory structures should maintain the same level of design, aesthetic quality, and architectural compatibility;
(B) Unified control: all multifamily developments shall be under single ownership, unless such multifamily development is a Condominium. All multifamily developments and Condominiums shall contain trust indentures or covenants establishing unified control of the installation and maintenance of any common facilities or areas;
(C) Building separation: a minimum distance of 20 feet shall separate all buildings;
(D) Access: All multifamily residential developments must have direct vehicular access to collector or arterial streets. Multifamily residential development shall not take access to local streets;
(E) Pedestrian circulation systems: sidewalks, walkways, and paths shall provide physical separation from vehicles along all public and private streets and within any parking area. Pedestrian systems should incorporate landscaping details to increase the visual interest and character of the neighborhood.
(Ord. 2013-22, passed 11-25-2013)
§ 156.235 INTENT.
The “C-1” neighborhood business district encompasses small commercial enclaves located within predominately residential areas. Only selected small-scale sales and service facilities that constitute a convenience to residents of the immediate neighborhood, and limited residential uses, may locate in this district. All new uses or changes in use in the “C-1” district shall comply with the site plan review procedures in §§ 156.060 through 156.071.
(Ord. 2013-22, passed 11-25-2013)
§ 156.236 LOT AND BUILDING REQUIREMENTS.
Every principal building erected in the “C-1” district shall conform to the following requirements:
(A) Minimum district area: one acre;
(B) Minimum lot area: 7,000 square feet;
(C) Minimum lot width: 50 feet;
(D) Minimum setbacks:
(1) From front lot line: ten feet or conform to the setback of existing structures, whichever being greater;
(2) From any side lot line: five feet;
(3) From rear lot line: 20 feet;
(E) Maximum building height: 35 feet;
(F) Maximum building size: 2,000 square feet;
(G) Unless built on a flat slab, all buildings constructed in this district must be constructed with crawl spaces at a minimum of 24 inches in height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.237 PERMITTED USES.
Generally, commercial, retail, service, and related commercial uses under 2,500 square feet, and existing residential dwellings are permitted. Buildings larger than 2,500 square feet may be permitted pursuant to the planned unit development (PUD) requirements in Article III Division 10 and all other applicable requirements of this chapter. Residential dwelling units, located above street level, community residences, family care residences and group community centers are permitted as a special use. The permitted, planned, special and accessory uses are listed in Table 156.345.1.
(Ord. 2013-22, passed 11-25-2013)
§ 156.238 LIMITATIONS.
(A) Outdoor storage is not permitted, unless authorized pursuant to an approved site plan or special use permit.
(B) Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
(C) The conversion of existing residential dwellings into commercial uses shall be permitted by special use permit. All residential conversions shall meet the requirements of § 156.068.
(D) Architectural elevations, landscape plans and parking layouts shall comply with all the applicable standards and requirements of this chapter and promote the following planning principals:
(1) Preserve neighborhood character, protect property values of surrounding residential property and enhance community appearance;
(2) Result in an attractive, safe, pedestrian-friendly living, shopping, and working environment;
(3) Commercial establishments must be compatible in design and operation with an essentially residential environment;
(4) Public improvements, open space, or other amenities shall be required as approved by the City Council to mitigate impact of non-residential uses when such uses in this District are located near residential uses.
(Ord. 2013-22, passed 11-25-2013)
§ 156.250 INTENT.
The intent of the “C-2” district is to provide a zone which will accommodate high density, compact, pedestrian oriented, shopping, office, service, entertainment and limited residential uses within architecturally or historically significant areas of the city. The “C-2” district shall be designed to be utilized by both pedestrians and motorists. Stores and other facilities providing a wide range of retail goods and services to the general public may be located within this district.
(Ord. 2013-22, passed 11-25-2013)
§ 156.251 LOT AND BUILDING REQUIREMENTS.
Every commercial, principal building erected in the “C-2” district shall conform to the following requirements:
(A) Minimum district area: one acre;
(B) Minimum lot area: none;
(C) Minimum lot width: none;
(D) Minimum lot depth: none;
(E) Minimum setbacks:
(1) From front lot line: none;
(2) From any side lot line: generally none required, except for any lot abutting a lot with a residential dwelling on it shall conform to the side setback requirements for the residential building;
(3) From rear lot line: six feet, except for lots abutting any residential dwelling or lot zoned for residential purposes shall conform to the rear setback requirements for the residential building;
(F) Maximum building height: 45 feet;
(G) Unless built on a flat slab, all buildings constructed in this district must be constructed with crawl spaces at a minimum of 24 inches in height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.252 PERMITTED USES.
Generally, the same uses permitted in the “C-1” district are permitted in the “C-2” district except there is no maximum building floor area restriction in the “C-2” district. The permitted, planned, special and accessory uses are listed in Table 156.345.1.
(Ord. 2013-22, passed 11-25-2013)
§ 156.253 LIMITATIONS.
(B) The permitted display of merchandise for sale to the public shall be restricted to a maximum of 25% of the lot. In no case shall merchandise for sale be displayed in any required set back, or interfere with pedestrian or vehicular access or parking.
(C) Merchandise that is not for sale to the public, including bulk sales and merchandise that requires assembly beyond that required of the consumer, shall not be stored outside.
(D) All items stored on the premises shall be that which is associated with or derived from the principal use approved for the zoning lot.
(E) Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential dwelling and so that no glare is visible to any traffic on any public street.
(F) Mixed-use developments containing residential uses shall be subject to the following additional use limitations:
(1) Residential uses shall be complementary and secondary to the primary retail commercial and office uses;
(2) Residential uses shall be restricted from street-level building floors except as permitted through a special use permit. In no case shall a residential use occupy a street-level location;
(3) Residential uses shall not restrict or limit hours of operation, parking, loading, unloading, trash disposal or other activities associated with a permitted commercial or office uses;
(4) Parking for residential uses shall not be permitted on front- or side-streets, or in other established parking areas intended to service retail, office or other commercial uses during established business hours;
(5) New construction, renovation or other improvements required to accommodate residential uses shall be complementary to the established character of existing uses.
(Ord. 2013-22, passed 11-25-2013)
§ 156.265 INTENT.
The “C-3” highway business district is intended to establish and preserve general commercial areas consisting of shopping centers and commercial strips where customers reach individual business establishments primarily by automobile.
(Ord. 2013-22, passed 11-25-2013)
§ 156.266 LOT AND BUILDING REQUIREMENTS.
Every principal building erected in the “C-3” district shall conform to the following requirements:
(A) Minimum district area: three acres;
(B) Minimum lot area: none;
(C) Minimum lot width: none;
(D) Minimum lot depth: none;
(E) Minimum setbacks:
(1) From front lot line: none;
(2) From any side lot line: none, except for any lot abutting a lot with a residential dwelling on it shall conform to the side setback requirements for the residential building;
(3) From rear lot line: six feet, except for lots abutting any residential dwelling or lot zoned for residential purposes shall conform to the rear setback requirements for the residential district.
(F) Maximum building height: 35 feet;
(G) Unless built on a flat slab, all buildings constructed in this district must be constructed with crawl spaces at a minimum of 24 inches in height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.267 PERMITTED USES.
The “C-3” district is intended for highway commercial and complementary general commercial or service oriented uses. Property and buildings in the “C-3” district are subject to all the applicable requirements of this chapter and shall be used only for the uses enumerated in Table 156.345.1.
(Ord. 2013-22, passed 11-25-2013)
§ 156.268 LIMITATIONS.
(A) The permitted display of merchandise for sale to the public shall be restricted to a maximum of 25% of the lot. In no case shall merchandise for sale be displayed in any required set back, or interfere with pedestrian or vehicular access or parking.
(B) All items stored on the premises shall be that which is associated with or derived from the principal use approved for the zoning lot.
(C) Any merchandise stored outside which is determined by the Zoning Administrator as material which is not for sale to the public shall be screened or enclosed to the extent that it cannot be seen from off the property.
(D) All trailers and other mobile or temporary outdoor storage units shall be located in an approved loading stall and screened from view of any offsite non-commercial use or right-of-way.
(E) Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential dwelling and so that no glare is visible to any traffic on any public street.
(Ord. 2013-22, passed 11-25-2013)
§ 156.280 INTENT.
The “C-4” district is the commercial area which is utilized by pedestrians and motorists. Stores and other facilities providing a wide range of retail goods and services to the general public may be located within this district.
(Ord. 2013-22, passed 11-25-2013)
§ 156.281 LOT AND BUILDING REQUIREMENTS.
Every principal building erected in the “C-4” district shall conform to the following requirements:
(A) Minimum district area: three acres;
(B) Minimum lot area: none;
(C) Minimum lot width: none;
(D) Minimum lot depth: none;
(E) Minimum setbacks:
(1) From front lot line: none;
(2) From any side lot line: generally none required, except for any lot abutting a lot with a residential dwelling on it shall conform to the side setback requirements for the residential building.
(3) From rear lot line: six feet;
(F) Maximum building height: 45 feet;
(G) Unless built on a flat slab, all buildings constructed in this district must be constructed with crawl spaces at minimum of 24 inches in height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.282 PERMITTED USES.
For a listing of permitted, planned and special uses see Table 156.345.1. All uses shall be subject to the applicable requirements of this chapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.283 LIMITATIONS.
(A) All development located within the “C-4” district shall comply with § 156.425 through 156.431, “Central Business District Standards”.
(B) The permitted display of merchandise for sale to the public shall be restricted to a maximum of 25% of the lot. In no case shall merchandise for sale be displayed in any required set back, or interfere with pedestrian or vehicular access or parking.
(C) Merchandise that is not for sale to the public, including merchandise that requires assembly beyond that required of the consumer, shall not be stored outside.
(D) All items stored on the premises shall be that which is associated with or derived from the principal use approved for the zoning lot.
(E) Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
(Ord. 2013-22, passed 11-25-2013)
§ 156.295 INTENT.
The “I” Industrial District is intended to establish and preserve areas for industrial and related uses of such a nature that they do not create serious problems of compatibility with other kinds of land uses, and to make provisions for certain kinds of commercial uses which are most appropriately located as neighbors of industrial uses or which are necessary to service the immediate needs of people in these areas.
(Ord. 2013-22, passed 11-25-2013)
§ 156.296 LOT AND BUILDING REQUIREMENTS.
Buildings in the “I” district shall conform to the following requirements:
(A) Minimum district size: five acres;
(B) Minimum lot area: none;
(C) Minimum lot width: none;
(D) Minimum lot depth: none;
(E) Minimum setbacks:
(1) From front lot line: 20 feet;
(2) From any side lot line: none, except for lots abutting any residential dwelling or lot zoned for residential purposes shall conform with the side setback requirements for the residential building;
(3) From rear lot line: ten feet, except for lots abutting any residential dwelling or lot zoned for residential purposes shall conform with the rear setback requirements for the residential building.
(F) Maximum building height: 45 feet;
(G) Unless built on a flat slab, all buildings constructed in this district must be constructed with crawl spaces at a minimum of 24 inches in height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.297 PERMITTED USES.
Generally, light manufacturing, wholesaling, trucking, assembly and warehousing uses are permitted and heavy industrial uses and other more intense uses are permitted as a special or planned use. The list of permitted uses is provided in Table 156.345.1. The permitted uses will be determined based on compliance with the requirements of this chapter and the compatibility with existing adjacent uses and other uses permitted in the district.
(Ord. 2013-22, passed 11-25-2013)
§ 156.298 LIMITATIONS.
(A) Storage is permitted outside structures provided the view of said storage area is properly screened from adjacent residential areas and the public right-of-way.
(B) All items stored on the premises shall be that which is associated with or derived from the principal use approved for the zoning lot.
(C) No structure shall be used as a dwelling unit, as defined in § 156.015.
(D) Exterior lighting fixtures shall be shaded so that no direct light is cast upon any residential property and so that no glare is visible to any traffic on any public street.
(Ord. 2013-22, passed 11-25-2013)
§ 156.310 INTENT.
In the “M” district, land is principally used for, or is best suited for, detached single-family manufactured dwellings. The requirements applicable to the manufactured home overlay district are intended to stabilize and preserve existing neighborhoods developed at varying densities. The “M” district is designed to regulate the placement of manufactured homes in the city. It supplements the range of residences permitted in the underlying district, while limiting some accessory uses.
(Ord. 2013-22, passed 11-25-2013)
§ 156.311 ONE PRINCIPAL BUILDING ON ONE LOT.
In the “M” district, only one principal building shall be erected on any lot.
(Ord. 2013-22, passed 11-25-2013)
§ 156.312 LOT AND BUILDING REQUIREMENTS.
Every manufactured home replaced on a lot that has an existing manufactured home on it shall conform to the applicable requirements of the underlying zoning district in which it is located. However, no manufactured home shall be placed on a two-family or multiple-family lot of less than 4,800 square feet.
(Ord. 2013-22, passed 11-25-2013)
§ 156.313 PERMITTED USES.
(Ord. 2013-22, passed 11-25-2013)
§ 156.314 LIMITATIONS.
(A) Minimum design standards: each manufactured home park shall be designed in accordance with all city and state codes and to the following minimum design standards:
(1) All roadways and sidewalks within the manufactured home park shall be hard surfaced and shall be adequately lighted at night;
(2) The perimeter of all manufactured homes shall be fully skirted;
(3) Sidewalks shall be required on one side of all streets;
(4) All manufactured home lots shall front upon a private hard-surfaced/dust-free roadway of not less than 25 feet in width. If parallel parking is permitted on one side of the street, the width shall be increased to 30 feet, and if parallel parking is permitted on both sides of the street, the width shall be increased to 36 feet. All roadways shall have unobstructed access to a public street;
(5) A community structure may be provided which may include recreation facilities, laundry facilities, and other similar uses;
(6) A storm shelter shall be provided for any new manufactured home park, or any manufactured home park which is expanded in size;
(7) A site plan must be submitted for each manufactured home park, and such site plan must be approved by the Administrative Official prior to the issuance of final approval for the manufactured home park; and
(8) Final approval for development shall be obtained before any grading, clearing, installation of streets or moving a manufactured home into any “M” district.
(B) Manufactured home required setbacks, buffer strips and screening.
(1) Within a manufactured home park, all manufactured homes shall be located at least 50 feet from any exterior property line of the park and from a public road right-of-way.
(2) Within a manufactured home park, there shall be a minimum distance of 15 feet between manufactured homes, common parking area or other common areas located within such manufactured home park.
(3) For all manufactured homes not located within a manufactured home park, but within the “M” district, the designed front of the manufactured home shall face the public road right-of-way, or private road right-of-way (whichever is applicable).
(C) Off-street parking.
(1) Off-street parking areas shall be provided at the rate of at least two car spaces for each manufactured home lot.
(2) Required car parking spaces shall be so located as to provide convenient access to the dwelling it serves and shall not exceed a distance of 200 feet from such dwelling.
(D) Water supply.
(1) Water shall be supplied to the dwellings in a manufactured home overlay district by a public water system.
(2) The size, location and installation of water lines shall be in accordance with the requirements of the codes of the city.
(3) Individual water service connections shall be provided at each manufactured home lot.
(E) Required recreation areas.
(1) In all manufactured home parks accommodating or designed to accommodate 25 or more manufactured homes, there shall be one or more recreation areas which shall be easily accessible to all residents within such park.
(2) The size of such recreation areas shall be based upon a minimum of 100 square feet for each lot within the manufactured home park. No outdoor recreation area shall contain less than 2,500 square feet.
(3) Recreation areas shall be so located as to be free of traffic hazards and should be centrally located.
(4) The required recreational area(s) within the manufactured home park shall contain playground equipment or other recreational facilities as approved by the Planning Commission. The cost of purchasing and installing said recreational equipment shall be paid for by the developer of the manufactured home park.
(5) The maintenance of recreation area(s) and equipment within each manufactured home park shall be paid for by the owner of the park and/or trustees.
(F) Sewage disposal: each manufactured home park shall be connected to the city’s sewer system and each manufactured home within a manufactured home park shall be connected to and served by the city’s sewer system.
(G) Tie-downs and ground anchors: all manufactured homes shall be secured to the ground by tie-downs and ground anchors in accordance with the Illinois Tie Down Act.
(H) Electrical: each manufactured home space shall be provided with an individual electrical supply which shall be installed in accordance with the building codes of the city and requirements of the electric supplier.
(I) Gas: natural gas hookups, when provided, shall be installed in accordance with the building codes of the city and the regulations of the gas supplier.
(J) Refuse and garbage handling: storage, collection and disposal of refuse in a manufactured home park shall be in accordance with city code.
(Ord. 2013-22, passed 11-25-2013)
§ 156.315 MANUFACTURED HOME REQUIREMENTS AND INSTALLATION REGULATIONS.
(A) The minimum width requirement of any single-wide manufactured home is 16 feet; the minimum width of a double-wide manufactured home is 28 feet.
(B) All towing devices, wheels, axles and hitches must be removed from the manufactured home upon its placement on the lot.
(C) Each exterior door of a manufactured home shall be provided with a landing that is a minimum of 36 inches square, and shall be provided with hand rails.
(D) All manufactured homes are required to be installed by an Illinois licensed manufactured home installer or the homeowner.
(E) The installation of each manufactured home must be inspected and approved by the Administrative Official prior to the pouring of the piers footing, and again before installing the skirting.
(F) The required perimeter around each manufactured home shall be brick, masonry, or stone.
(G) Openings for under floor ventilation must be provided. The minimum area of openings for under floor ventilation shall not be less than one square foot for each 150 square feet of under floor space area. One such ventilating opening shall be within three feet of each corner of the building. Ventilation openings shall be covered with metal mesh or metal screen of a maximum of 1/4 inch grid.
(H) No permanent additions of any kind whatsoever shall be built onto or become part of any manufactured home.
(I) Pad requirements: pad surfaces shall consist of a flexible surface with a minimum of five inch thick gravel, stone or compacted surface, treated to discourage plant growth, constructed to discharge water and edged to prohibit fraying or spreading of surfacing materials; or shall be of a hard surface of a minimum of two 18-inch wide concrete ribbons or slabs capable of carrying the weight of, and of sufficient length to support, all blocking points of the manufactured home.
(J) All crawl spaces must be minimum 24 inches in height.
(K) Footings and foundation.
(1) The manufactured home shall be installed on the number of piers recommended by the manufacturer and shall consist of a minimum poured concrete foundation, 24 inches by 24 inches by 12 inches deep and extending 24 inches into the ground. All piers are to be double concrete blocked eight inches by eight inches by 16 inches (solid or celled) with blocks interlocked and filled with mortar or mortared joints then capped with four inch solid concrete block placed seam perpendicular to the main mobile home frame. “Sonotube” construction of 24 inches in diameter may be used and, if used, must extend 24 inches into the ground.
(2) Placement of piers and concrete footings, as applicable shall be in accordance with the manufacturer’s recommendations.
(3) Concrete blocks shall be placed on either the pier footings or continuous footings, as applicable; such blocks shall be double locked with mortar or filled with mortar.
(4) If block height exceeds 80 inches, four steel reinforcement bars shall be used per pier.
(5) The underneath frame to the ground shall be no less than 12 inches.
(6) Inspection and approval of the setup of piers or continuous footings (as applicable), before concrete is poured, shall be completed by the Administrative Official prior to the placement of the manufactured home on its lot.
(L) Inspection and approval. Inspection and approval of setup of piers or continuous footings (as applicable) shall be completed by the Administrative Official prior to the placement of the manufactured home on its lot.
(Ord. 2013-22, passed 11-25-2013)
§ 156.316 REPLACEMENT.
(A) Existing mobile homes1 and existing manufactured homes2 not located in a manufactured home park3, if replaced, can only be replaced if such replacement meets the requirements of this zoning ordinance, the current edition of the ICC Building Code as adopted by the city and the requirements of the State of Illinois concerning manufactured homes.
(B) Any mobile home or manufactured home replaced within the city, or within the city’s extraterritorial zoning jurisdiction, must be replaced within one year of the removal of the mobile home or manufactured home so replaced. Any mobile home or manufactured home so replaced must be replaced with a manufactured home no less than 16 feet in width for a single-wide home or 28 for double-wide home. If a mobile home or manufactured home is not replaced within one year of removal, the lot shall be deemed removed from the “M” district.
(Ord. 2013-22, passed 11-25-2013)
1 A transportable structure larger than 320 square feet in floor area, designed to be used as a year-round residential dwelling, and built prior to the enactment of the Federal Mobile Home Construction and Safety Act of 1974, which Act became effective for all mobile home construction on June 15, 1976.
2 A structure which bears a seal indicating compliance with the federal manufactured home construction and safety standards established pursuant to 42 U.S.C. § 5403, and constructed on, or after June 15, 1976.
3 A parcel of not less than five acres in area, in single ownership/control, developed with facilities for accommodating occupied manufactured homes in accordance with the requirements of the manufactured home park district in Article XVIII of this Code.
§ 156.317 ADDITIONAL REGULATIONS.
All manufactured homes and mobile homes placed, located or developed in the city or its extra-territorial jurisdictions shall conform, on a section by section basis, to the above sections, or the most recent edition of following documents, whichever is the most stringent in its requirements:
(A) The Illinois Mobile Home Park Act;
(B) The Illinois Mobile Home Tie Down Act;
(C) The Illinois Manufactured Housing and Mobile Home Safety Act;
(D) The Illinois Abandoned Mobile Home Act;
(E) Manufactured Home Installation in Flood Hazard Areas regulations as promulgated by the Federal Emergency Management Agency.
(Ord. 2013-22, passed 11-25-2013)
§ 156.330 INTENT.
The intent of this section is to provide for permissive and/or alternative zoning procedures for the development of tracts of land under the continuing and uninterrupted ownership of an individual or of a legally existing entity, with such individual or entity having total control and dominion of all development and uses made of such tract. A planned unit development (PUD) allows mixed use development provided the total development density is not greater than the maximum density permitted under the existing zoning requirements. In addition, a planned unit development is encouraged to permit:
(A) A maximum choice in the types of uses available to the public by allowing a development that would not be possible under the strict application of the other sections of this chapter;
(B) Permanent preservation of common open space and recreation areas and facilities;
(C) A pattern of development to preserve natural vegetation, topographic and geologic features;
(D) A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities;
(E) An efficient use of the land resulting in more economic networks of utilities, streets, schools, public grounds and buildings, and other facilities;
(F) A use of land which promotes the public health, safety, comfort, morals, and welfare;
(G) Innovations in residential, commercial, and industrial development so that growing demands of the population may be met by greater variety in type, design, and layout of the buildings, and by the conservation and more efficient use of open space ancillary to said buildings.
(Ord. 2013-22, passed 11-25-2013)
§ 156.331 DISTRICTS WHERE ALLOWED.
Planned unit developments may be built in any zoning district, but only upon the issuance of a special use permit which will require, for the life of the special use, the continuing and uninterrupted ownership and control of development and uses of the tract of land by one individual or single legally existing entity.
(Ord. 2013-22, passed 11-25-2013)
§ 156.332 PERMISSIBLE DEVIATIONS FROM ORDINANCE REQUIREMENTS.
The planned unit development concept is intended to afford both the developer and the city considerable flexibility in formulating development proposals. Consequently, to the extent indicated in this subsection, PUDs may deviate from generally applicable ordinance requirements without a variance. Any proposed deviation not listed below, however, shall require a variance.
(A) Mixed uses. PUDs may include all types of residential and commercial structures, as well as other uses approved by the City Council; provided, that in approving such mixed uses, the City Council may attach any conditions necessary to protect the public welfare.
(B) Lot and structure requirements. In PUDs, the City Council may approve any reasonable deviation from the lot and structure requirements of the particular zoning district so long as the different uses within the PUD are appropriately interrelated, and property abutting the PUD is adequately protected from any potential adverse impacts of the development.
(C) Accessory uses. In PUDs the City Council may allow the developer to disregard the usual restrictions on accessory uses other than the prohibition against using an accessory structure as a dwelling.
(D) Location of parking/loading spaces. By permission of the City Council, off-street parking and loading spaces in PUDs need not be located in accordance with generally applicable requirements, except state handicap/disabled accessible parking requirements.
(Ord. 2013-22, passed 11-25-2013)
§ 156.333 PUD PROCEDURES.
Every applicant for PUD approval shall comply with the procedural requirements of this Section. The required procedures are as follows:
(B) Provision by the applicant of adequate assurance for the completion of required improvements as per the approved site plan;
(C) Public hearing by the Planning Commission and the Zoning Board of Appeals;
(D) Action by City Council on the development plan.
(1) Advisory report; criteria considered. The Planning Commission and Zoning Board of Appeals shall submit to the City Council a written advisory report concerning acceptance/rejection of the site development plan. In deciding what their advice should be, the Planning Commission and Zoning Board of Appeals shall consider the following criteria:
(a) The extent to which the proposed development is consistent with the city’s comprehensive plan and with the purposes of this subchapter and of all other applicable codes and ordinances;
(b) The extent to which the proposed development deviates from the regulations that are generally applicable to the property (including, but not limited to, the use and lot and building regulations of the district), and the apparent merits (if any) of said deviations;
(c) Whether the proposed design of the PUD makes adequate provisions for vehicular and pedestrian circulation, off-street parking and loading, separation of residential and commercial uses, open space, recreational facilities, preservation of natural features, and so forth;
(d) The compatibility of the proposed PUD with adjacent properties and surrounding area;
(e) Any other reasonable criteria that the Planning Commission or Zoning Board of Appeals may devise.
(2) Decision by City Council. After the Planning Commission and Zoning Board of Appeals have submitted their advisory report, the City Council, by resolution, shall either approve or disapprove the PUD development plan. The City Council’s decision to approve or disapprove is final, and not appealable under this chapter.
(3) The City Council shall not approve any PUD development plan unless:
(a) The applicant has posted a performance bond or escrow deposit in the amount equal to 50% of the cost of constructing the required improvements as certified by a registered professional engineer of Illinois;
(b) The proposed PUD, as evidenced by the site development plan, complies with all applicable codes;
(c) The proposed PUD public improvements meet the design requirements of the City’s Land Development Code.
(Ord. 2013-22, passed 11-25-2013)
§ 156.334 CHANGES IN APPROVED PLANS.
No changes shall be made to any approved PUD site development plan except as follows:
(A) Minor changes, which do not substantially affect the design or intent of the final site development plan and are required by engineering or other circumstances not foreseen at the time the final site development plan was approved, shall be submitted to the city upon written application to the Administrative Official;
(B) All proposed changes will be reviewed by city staff and engineers and written recommendations forwarded to the Administrative Official;
(C) Approval or denial of all minor changes shall be returned in writing to the applicant by the Administrative Official;
(D) All other changes shall require a public hearing before the Planning Commission and a resolution by the City Council;
(E) No approved change shall have any effect until it is recorded with the Massac County Recorder of Deeds as an amendment to the recorded copy of the site development plan.
(Ord. 2013-22, passed 11-25-2013)
§ 156.345 PERMITTED AND ACCESSORY USE TABLE.
The use table of this section provides a tabular summary of the land use types allowed in each zoning district. The table is intended for reference and does not necessarily reflect all of the regulations that may apply to particular uses or districts. In the event of a conflict between the use regulations of this section and those found in the text of the zoning district regulations, the text of the zoning district regulations shall prevail.
(A) Principal and accessory uses: principal and accessory uses that are permitted as special uses, planned uses or uses permitted by right are shown in the Land Use Table.
(B) Permitted (by-right) uses: uses identified in a zoning district column of the Use Table with a “o” are “permitted-by-right” and shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the “Supplemental Regulations” column and all other requirements of this chapter.
(C) Special uses: uses identified in a zoning district column of the Use Table with an “S” as “Special uses” and shall be permitted in such zoning district, subject to any additional regulations as may be indicated in the “Supplemental Regulations” column and all other requirements of this chapter. All special uses shall require the receipt of a special use permit prior to the issuance of a building permit. A special use permit may be obtained by following the procedures and complying with the performance standards set forth in §§ 156.100 through 156.106.
(D) Planned uses (PUDs): uses identified in a zoning district column of the Use Table with a “P” are “planned uses” and shall be permitted in such zoning district, subject to any additional regulations that may be indicated in the “Supplemental Regulations” column and all other requirements of this chapter. All planned uses require the approval of a site plan prior to the issuance of a building permit. The submission requirements, procedures and approval standards shall comply with §§ 156.330 through 156.334.
(F) Unlisted uses: uses not listed have been determined either not to be appropriate in any district, incompatible with certain existing uses, or sufficiently rare or unexpected as to be incapable of being listed at the time of adoption of this code except pursuant to § 156.006. Any other uses not shown as a use permitted by right, a special use or a planned use in any zoning district, but constituting a use that is required to be permitted by law, shall be authorized only in the industrial district subject to the following conditions:
(1) The use shall be permitted only to the extent required by law to be permitted;
(2) The use shall be approved only as a planned use, except if by law it is required to be permitted by right;
(3) The use shall be located no closer than 1,000 feet from any residence, residential property, park, school, church, temple, synagogue or other place of worship, except as may be modified by the City Council through a planned use procedure;
(4) The use shall maintain a distance of at least 1,000 feet from any other such use;
(5) The use shall not occupy a structure in excess of 5,000 square feet without an approved parking plan designed for that use and supported by a traffic study submitted to and approved by the City Council.
(G) Supplemental regulations: the last column of the use table entitled “Supplemental Regulations” references additional supplemental requirements categorized by land use. The numbers in this column refer to specific sections found in §§ 156.360 through 156.371. Additional requirements, beyond those listed in the Supplemental Regulations column, may be required at the discretion of the city.
Principal and Accessory Uses | ||||||||||||||||
Principal and Accessory Uses | ||||||||||||||||
Use is permitted by right: | X | |||||||||||||||
Use permitted as a special exception: | S | |||||||||||||||
Use is permitted as a Planned Unit Development (PUD): | P | |||||||||||||||
Use not permitted: | ||||||||||||||||
PRINCIPAL RESIDENTIAL USES | ||||||||||||||||
USE | A | R1A | R1B | R1C | R1D | R1E | R2A | R2B | R3 | C1 | C2 | C3 | C4 | I | M | Supp. Regs |
1. Assisted living facilities | P | S | S | |||||||||||||
2. Community residence | S | S | P | S | S | |||||||||||
3. Community (group) residence | P | S | S | |||||||||||||
4. Convalescent care | P | S | S | |||||||||||||
5. Dwelling - condominium (up to 2 units) | S | X | X | P | S | S | ||||||||||
6. Dwelling - multifamily, including condos | P | S | S | |||||||||||||
7. Dwelling - single family attached ("villa") | S | X | X | P | S | S | ||||||||||
8. Dwelling - single family detached | X | X | X | X | X | X | X | X | P | S | X | |||||
9. Dwelling - two family (duplex) | S | X | X | P | S | S | ||||||||||
10. Existing residential dwellings | X | X | X | X | X | X | X | X | X | X | X | |||||
11. Loft | S | X | ||||||||||||||
12. Manufactured homes - residential design | X | |||||||||||||||
13. Modular homes (ICC compliant) | X | X | X | X | X | X | X | X | P | X | ||||||
14. Public parks and playgrounds | X | X | X | X | X | X | X | X | P | X | X | X | X | X | X | |
1. Adult regulated facility | X4 | 11 | ||||||||||||||
2. Adult-use cannabis craft grower organization | X | X | X | X | 13 | |||||||||||
3. Adult-use cannabis cultivation organization | X | X | 13 | |||||||||||||
4. Adult-use cannabis dispensing organization | X | X | X | X | 13 | |||||||||||
5. Adult-use cannabis infuser organization | X | X | X | X | 13 | |||||||||||
6. Adult-use cannabis processing organization | X | X | X | 13 | ||||||||||||
7. Adult-use cannabis transporting organization | X | X | X | X | 13 | |||||||||||
8. Automotive service | S | X | X | |||||||||||||
9. Bakery | X | X | X | X | X | |||||||||||
10. Bar or tavern | P | S | S | S | ||||||||||||
11. Bed and breakfast (1-6 rooms) | S | S | S | S | ||||||||||||
12. Business or vocational school | o | o | o | o | ||||||||||||
13. Cemeteries | S | S | S | S | P | |||||||||||
14. Co-branding or co-branded facility | P | P | S | S | X | |||||||||||
15. Community center | X | X | X | X | X | X | X | P | X | X | X | X | ||||
16. Construction sales and service | X | X | X | |||||||||||||
17. Convenience store | P | P | S | S | X | |||||||||||
18. Dance hall, night club or private club | P | S | S | S | ||||||||||||
19. Dance studios or schools | X | X | X | X | ||||||||||||
20. Day care facility, commercial | S | S | S | S | S | S | S | P | X | X | X | X | ||||
21. Drive-through establishment | S | S | ||||||||||||||
22. Drug store (pharmacy) | X | X | X | X | ||||||||||||
23. Dry cleaning/laundry pick-up | X | X | X | X | ||||||||||||
24. Dry cleaning plants | S | S | X | |||||||||||||
25. Financial services (with drive-through) | X | X | X | X | ||||||||||||
26. Food store | X | X | X | X | ||||||||||||
27. Funeral home services | S | S | S | S | ||||||||||||
28. Furniture, appliance or equipment sales/lease | X | X | S | S | X | |||||||||||
29. Garden center, greenhouse, or plant nursery | X | X | X | S | S | X | ||||||||||
30. Government/public buildings | S | S | S | S | S | S | S | P | X | X | X | X | X | |||
31. Health club or fitness center | X | X | X | X | ||||||||||||
32. Hospital | P | P | S | X | X | |||||||||||
33. Hotel or motel | P | S | S | |||||||||||||
34. Institutions (charitable or philanthropic) | S | S | S | S | S | S | S | P | X | X | X | X | ||||
35. Junkyards | X | |||||||||||||||
36. Kennel, commercial (indoors) | X | S | X | X | ||||||||||||
37. Liquor store | P | S | S | S | ||||||||||||
38. Lumber or building materials sales | X | X | X | X | ||||||||||||
39. Manufacturing | X | X | ||||||||||||||
40. Manufactured home sales | X | X | X | X | ||||||||||||
41. Massage facility, therapeutic (licensed) | X | X | X | X | ||||||||||||
42. Medical or dental offices | X | X | X | X | X | |||||||||||
43. Office, general | X | X | S | X | X | |||||||||||
44. Parking garage or lot (private or public) | P | S | P | X | X | X | ||||||||||
45. Personal services (beauty/barber shops, etc.) | X | X | X | X | ||||||||||||
46. Places of public assembly | S | S | S | S | S | S | S | S | P | S | S | S | S | S | ||
47. Print shop (copy services) | X | X | X | X | X | |||||||||||
48. Printing and publishing | X | X | X | X | ||||||||||||
49. Private clubs and lodges | P | S | S | S | ||||||||||||
50. Pole barn | X | X | ||||||||||||||
51. Public service (other than metropolis) | S | S | S | S | S | S | S | P | S | S | S | S | S | S | ||
52. Recreational vehicle sales, lease or rental | X | X | X | X | ||||||||||||
53. Repair service | X | S | X | X | X | |||||||||||
54. Restaurant - fast food (non-drive through) | P | X | X | X | ||||||||||||
55. Restaurant - general | X | X | X | X | ||||||||||||
56. Retail sales and service | X | X | X | X | ||||||||||||
57. Schools, private | S | S | S | S | S | S | S | P | S | X | ||||||
58. Schools, public | S | S | S | S | S | S | S | P | S | X | ||||||
59. Stable, commercial | X | S | X | |||||||||||||
60. Studio (radio, television, film or music) | X | X | X | X | ||||||||||||
61. Theater, motion picture | X | X | X | X | ||||||||||||
62. Theater, performing arts | X | X | X | X | ||||||||||||
63. Truck and equipment sales, lease and rentals | S | S | X | |||||||||||||
64. Used car lot | P | P | S | S | X | |||||||||||
65. Used merchandise store | X | X | ||||||||||||||
66. Utilities (public) | X | X | X | X | X | X | X | X | P | X | X | X | X | X | ||
67. Veterinarian | X | X | S | X | X | |||||||||||
68. Warehouse, mini (self-storage) | S | S | X | |||||||||||||
69. Unlisted (see p. 62; # 6) | ||||||||||||||||
70. Reserved | ||||||||||||||||
4 An Adult Regulated Facility must be placed certain distances from certain other uses (see Article XXII, Section 11 Adult Regulated Facility) and observe sign requirements (see Article XXVI, Section 30 Adult Regulated Facility). | ||||||||||||||||
ACCESSORY USES | ||||||||||||||||
1. Agricultural operations | X | X | ||||||||||||||
2. Automotive parking garage or lot (public) | P | X | X | X | X | X | ||||||||||
3. Automotive teller machine (atm) | S | S | S | S | ||||||||||||
4. Co-locating an antenna on an existing structure | X | X | X | X | X | X | X | X | P | X | X | X | X | X | X | |
5. Construction office (temporary) | X | X | X | X | X | X | X | P | X | X | X | X | X | X | ||
6. Day care, home (8 persons or less) | S | S | S | S | S | S | S | |||||||||
7. Deck, patio, platforms and gazebo | X | X | X | X | X | X | X | X | P | X | X | X | X | X | X | |
8. Disguised support structure (for antennas) | P | X | X | X | X | X | X | |||||||||
9. Dual polar panel antenna in residential districts | X | X | X | X | X | |||||||||||
10. Fence or wall | X | X | X | X | X | X | X | X | P | X | X | X | X | X | X | |
11. Garage, carport or storage building | X | X | X | X | X | X | X | X | P | X | X | X | X | X | X | |
12. Garden center, greenhouse, or plant nursery | X | X | X | X | X | X | ||||||||||
13. Guest house | S | S | S | S | S | S | S | |||||||||
14. Home occupation | S | S | S | S | S | S | S | S | ||||||||
15. Kennels, fish hatcheries, apiaries and aviaries | S | X | ||||||||||||||
16. Stable, private | S | S | ||||||||||||||
17. Swim pool (commercial) | S | S | S | S | S | S | S | P | S | |||||||
18. Swim pool, hot tub, jacuzzi, or similar facility | X | X | X | X | X | X | X | X | P | X | ||||||
19. Telecommunications tower (new) | S | P | S | S | S | S | X | |||||||||
20. Telecommunications tower (located on property owned by the city of metropolis) | X | X | X | X | X | X | X | X | P | X | X | X | X | X | X | |
21. Utilities (public) | X | X | X | X | X | X | X | X | P | X | X | X | X | X | X | |
22. Warehousing and wholesale | X | |||||||||||||||
23. Reserved | ||||||||||||||||
(Ord. 2013-22, passed 11-25-2013; Am. Ord. 2018-15, passed 7-9-2018; Am. Ord. 2019-28, passed 12-23-2019; AM. Ord. 2024-18, passed 10-28-2024)
§ 156.360 APPLICABILITY.
This subchapter establishes lot and structure requirements, design standards, and use limitations for specific structures, locations and uses. These requirements apply in every zoning district where the specific structure or use is permitted or allowed by special use permit; but if more stringent requirements are applicable in any particular district, such requirements shall prevail.
(Ord. 2013-22, passed 11-25-2013)
§ 156.361 TEMPORARY STRUCTURES.
Temporary structures, as set forth below, are to be used in connection with the development and sale of a tract of land and be erected or located on said tract prior to and may remain thereon during the construction or development period.
(A) Temporary buildings or trailers may be used as construction offices, field offices or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within 30 days after voluntary suspension of work on the project or development, or within 30 days after revocation of building permits, or, immediately on order by the Administrative Official upon a finding by him that said temporary structure is deemed hazardous to the public health and welfare.
(B) Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building. Said offices must be closed and the operation discontinued and all temporary structures and facilities must be removed from the tract within 30 days after all lots or dwelling units have been initially sold, rented, or leased.
(C) No temporary buildings or trailers shall at any time be located closer than 25 feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary building or trailer is located.
(D) Any other provisions of the law notwithstanding, a building permit or an occupancy permit shall be required for buildings or trailers permitted in division (A) of this section.
(Ord. 2013-22, passed 11-25-2013)
§ 156.362 TEMPORARY USES.
(A) Christmas tree sales: Christmas tree sales in any commercial or industrial district pursuant to all applicable city ordinances, for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard and setback requirements of these regulations, provided that no trees shall be displayed within 30 feet of the intersection of the curb line of any two streets.
(B) Contractor’s office: contractor’s office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project and to continue only for the duration of such project.
(C) Real estate office: real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incidental to a new housing development to continue only until the initial sale or lease of all dwelling units in the development.
(D) Seasonal sales: seasonal sale of farm produce grown on the premises. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.
(E) Carnivals and circuses: a carnival or circus, but only in the “C-1”, “C-2”, “C-3”, “C-4”, “I” or equivalent Planned Districts, and then only for a period that does not exceed three weeks. Such use need not comply with the front yard requirements, provided that structures or equipment which might block the view of operators of motor vehicles on the public streets shall conform to the requirements of the sight triangle as defined by these regulations.
(F) Garage sales: it shall be unlawful to conduct a garage sale unless such sale is in compliance with the following requirements:
(1) Sales shall last no longer than three consecutive days;
(2) Sales are held no more than four times a year at any one address;
(3) Sales are conducted on a person’s then owned or rented dwelling property provided that multiple-family sales are permitted if they are held on property then owned or rented for dwelling purposes by one of the participants;
(4) No goods purchased for resale may be offered for sale;
(5) No consignment goods may be offered for sale;
(6) Directional signs may not be placed on the right-of-way or in a location that obstructs the view of vehicle drivers, pedestrians or other vehicles or users of the streets and sidewalks;
(7) All directional advertising signs shall be freestanding and shall be removed after completion of the sale;
(8) No directional or advertising signs shall be larger than four square feet.
(Ord. 2013-22, passed 11-25-2013)
§ 156.363 STANDARDS FOR BUILDINGS ON MAJOR ROADWAYS.
(A) Intent and purpose. The provisions of this Section are intended to protect property values and enhance community appearance in keeping with the goals of the Comprehensive Plan of the City of Metropolis.
(B) Application of regulations.
(1) These regulations shall apply in addition to the other regulations of the underlying zoning districts.
(2) These regulations shall not apply to single or two-family residences or agricultural operations.
(3) The building and construction standards of this Section apply to all buildings which lie, in whole or in part, within 150 feet of a major road or highway, including but not limited to, US Route 45, Highway 145, North Avenue and East 12th.
(C) Minimum exterior building material standards. A minimum of 75% of each exterior wall, excluding windows and doors, shall consist of the following materials:
(1) Masonry, provided that no wall facing a public street be constructed with a plain faced concrete block facade;
(2) Concrete panels, provided they have an exposed aggregate, sandblasted or painted surface;
(3) Stucco;
(4) Glass walls;
(5) Wood, aluminum or vinyl siding; and
Buildings covered by this Section on properties zoned “I” shall have a minimum of 25% (excluding windows and doors) of each exterior wall facing a public street with said exterior walls constructed of an approved material as set forth in divisions (C)(1) through (5) of this section.
(D) Prohibited materials on all exterior walls. The following materials are prohibited for use in construction of exterior walls:
(1) Concrete finish or precast concrete panel (tilt wall) that is not exposed aggregate, sandblasted or covered with a cement-based acrylic coating;
(2) Metal panels which do not meet the IBC standard;
(3) Composition board or plywood paneling;
(4) Any other material not listed in division (C) of this section.
(Ord. 2013-22, passed 11-25-2013)
§ 156.364 DRIVE-IN AND DRIVE-THROUGH REGULATIONS.
Any development containing drive through services shall be subject to the following conditions and restrictions:
(A) The type, number, and location of all entrances, exits, and circulation patterns on any development site containing a drive through shall be governed by the city’s special use permit rules and regulations and as approved on the final site plan.
(B) No order box or window shall be located within 75 feet of any residentially zoned property; provided however, that the 75 foot distance may be decreased by 25% if the residentially zoned property is classified as any non-residential category on the City of Metropolis’s current Future Land Use Map.
(C) A solid fence or wall will be required, along with appropriate landscaping, to be placed between any property used for a drive-through facility and any adjoining residentially zoned property in order to screen passenger car headlight glare from adjacent residential property. The extent and height of such fence or wall is to be determined at the time of the final site plan approval.
(E) Each applicant requesting a drive through facility shall be required to furnish the city with an assessment of traffic impacts, unless the study is waived by the Administrative Official. The agency to perform the study shall be obligated to the city with the cost for the assessment to be paid by the developer.
(Ord. 2013-22, passed 11-25-2013)
§ 156.365 GUEST HOUSE.
A guest house as an accessory use shall require a special use permit pursuant to §§ 156.100 through 156.106 of this chapter and shall comply with the following supplemental conditions:
(A) The guesthouse must be subordinate and incidental to a single-family detached dwelling;
(B) The guesthouse must meet the electrical, plumbing and building codes for single-family housing;
(C) A guesthouse shall be permitted only on a lot meeting the minimum lot size for the zoning district for which it resides;
(D) The guest house must be placed to the rear of the main house and at least 20 feet away from the main house;
(E) No more than one guesthouse may be located on any lot;
(F) The building floor area of the guesthouse may not exceed 50% of the floor area of the main building or 1,000 square feet, whichever is less;
(G) The same guest shall not occupy a guesthouse for more than 30 consecutive days nor shall a guesthouse be used as a primary residency.
(Ord. 2013-22, passed 11-25-2013; Am. Ord. 2024-18, passed 10-28-2024)
§ 156.366 FENCES AND WALLS.
(A) A fence, up to six feet in height, may be built on the property line of adjoining property owners provided that all support structures for said fence face the builder’s property, and the fence shall be attractive, sturdy, safe, uniform and of even dimension.
(B) A fence or wall may be constructed to a maximum height of six feet above the average grade without a permit being required. If a fence or wall exceeds six feet in height, a building permit for a fence shall be obtained from the Administrative Official. A building permit for a fence shall also be required for the replacement or reconstruction of 50% or more of the linear length of the entire existing fence that exceeds six feet in height.
(C) Walls are not permitted in front yards.
(D) No fence shall be located within the sight distance triangle as defined in § 156.015.
(E) Fencing, when permitted in the front yard, must not exceed 30 inches in height measured from the grade of the street level and shall be open in at least 30% along the total vertical surface plane as measured in linear feet along its entire perimeter. No agricultural type wire fence shall be permitted in any front yard in any residential district.
(F) A retaining wall may be permitted where it is reasonably necessary due to the changes in slope on the site, where the wall is located at least two feet from any street right-of-way, and where such wall does not extend more than six inches above the ground level of the land being retained.
(G) When retaining walls are tiered, the minimum horizontal distance between retaining walls (closest edge to closest edge) shall be four feet.
(H) No fence, wall or other obstruction shall be erected within any public right-of-way, except by written permission of the City Council.
(I) No fence, wall or other obstruction shall be erected in violation of the Illinois Drainage Code (ILCS Ch. 70, Act 605, §§ 1-1 et seq.).
(J) In all commercial and industrial districts, a fence or wall may be constructed on any side or rear property line but shall not be located in any required front yard setback or be closer to any public or private street than the required setback for a building.
(K) The city takes no responsibility for any damages to fences, structures or buildings constructed over an easement caused during maintenance, repair, replacement or any other activity that is derived from or associated with the intent and purpose of said easement.
(Ord. 2013-22, passed 11-25-2013)
§ 156.367 HOME OCCUPATIONS.
(A) Intent. The intent of this section is to establish criteria for operating home occupations in dwelling units within residential districts while maintaining the peace, quiet, and residential character of all residential neighborhoods within the city, and alleviating or limiting excessive noise, excessive traffic, nuisance, fire hazard, and other anticipated adverse effects of commercial uses being conducted in residential areas.
(B) Applications and procedures.
(1) The initial annual fee for the home occupation permit shall be as shown in § 156.071 and shall be paid with the application for such permit which shall be filed with the Building and Zoning Division. The annual renewal fee for a home occupation permit shall be as shown in § 156.071; all such renewal fees shall be paid by January 31 of the year for which the permit is renewed.
(2) No reduction in annual permit fees shall be allowed for permits issued after January 1 of any year, nor will any refunds be made if permittee ceases the home occupation or when a permit is revoked, or denied.
(3) All permits shall expire on December 31 of each year and may be renewed without additional hearings, subject to the requirements of this Section. Applicants for renewal shall complete the renewal form prescribed by the Building and Zoning Division and pay the annual permit fee with application for renewal. Failure to apply for renewal prior to expiration of a permit and failure to pay annual permit fee shall be grounds for revocation of all permits.
(4) Each applicant for a home occupation permit will complete an application which demonstrates that the occupation which is the subject of the application meets the standards and intent of this section.
(5) Each applicant for a home occupation permit will file the application with the Administrative Official, who will provide such Application to the City Council for its action on such application.
(C) Restrictions and limitations: home occupations shall conform to all of the applicable requirements of this section, and shall be limited to one of the following occupations:
(1) Dressmaking, sewing, and tailoring;
(2) Artistic painting, sculpturing, art restoration, art studio or writing;
(3) Telephone answering or telephone soliciting if no part of the business equipment is installed outside of the residence other than telephone cables or wires;
(4) Home crafts, such as model making, rug weaving, lapidary work;
(5) Tutoring, limited to two students at a time;
(6) Home cooking or preserving if conducted solely within the residence;
(7) Computer programming if no part of the business equipment is installed outside of the residence other than telephone cables or wires;
(8) Secretarial service, accounting service, typing service, word processing services if no part of the business equipment is installed outside of the residence other than telephone cables or wires;
(9) Babysitting and child day care - not exceeding eight persons;
(10) Direct sale product distribution, such as Amway, Avon, and Tupperware;
(11) Laundry, ironing service, housecleaning;
(12) Mail orders, not including retail sales from the site;
(13) Internet sales;
(14) Stock and bond broker, financial planner, and estate planner;
(15) Barber;
(16) Beautician.
(D) Home occupations prohibited: Permitted home occupations shall not in any event include the following:
(1) Antiques - retail;
(2) Funeral services;
(3) Groceries - retail;
(4) Second-hand merchandise - retail;
(5) Equipment rental;
(6) Automobile and other motor vehicle repair services;
(7) Restaurants;
(8) Stables or kennels;
(9) Tourist home;
(10) Renting of trailers or equipment;
(11) Medical, dental or chiropractic clinics;
(12) Physician;
(13) Dentist;
(14) Chiropractor.
(E) Standards. All home occupations shall conform to the following standards:
(1) The home occupation shall be incidental and subordinate to the principal residential use of the premises;
(2) A home occupation shall be entirely contained within the interior of an approved structure on the site and no more than 25% of the floor area of any one floor of a dwelling unit shall be utilized for a home occupation;
(3) No alteration of the exterior of the principal residential structure shall be made which changes the character thereof as a dwelling;
(4) No sign shall exceed two square feet, shall not be illuminated and shall be placed flat against the main wall of the principal residential structure;
(5) Home occupations shall not utilize more than a total of two persons either as an employee, an independent contractor, a volunteer, or in any other capacity to render service in the performance of such occupation, and both of such persons shall reside in the residence wherein the home occupation is conducted;
(6) No equipment shall be utilized that creates a nuisance due to noise, odor, emissions or electrical interference;
(7) No parking in the public rights-of-way shall result from the home occupation;
(8) No traffic shall be generated by the activity of the home occupation that is abnormal to a residential neighborhood. A home occupation shall not generate more than ten business related visitations per day, consisting of ten arrivals and ten departures by vehicles;
(9) No manufacturing or retail or wholesale sales shall take place on the premises. No stock in trade shall be displayed or sold on the premises. Any production on the premises shall be confined to that normally associated with a residence;
(10) Any occupation which requires licensing, registration or permits, by state or federal statute or requirements, or by city ordinance must be provided at time of application, and at all times thereafter be appropriately licensed, registered, or have a permit and comply with requirements of all such license or permits.
(F) Inspections: any home occupation permittee, upon request, shall allow an annual inspection of the premises by the Building and Zoning Division. In addition, the Building and Zoning Division shall have the right at any time, upon reasonable request, to enter and inspect the premises covered by the permit for safety and compliance purposes.
(G) Nontransferability of permits: home occupation and home occupation special use permits are not transferable from person to person or from one building to any other building, except as set forth in division (H)(2) of this section in the case of death of the permittee.
(H) General provisions.
(1) All previously issued special use permits for home occupations may be subject to periodic inspections and review pursuant to the procedures and requirements herein.
(2) Death of permit holder. Should a home occupation permit holder or home occupation special use permit holder die, the existing permit shall be automatically terminated, except that should a surviving spouse or child residing at the same address desire to continue the home occupation, written notice to that effect shall be given to the Building and Zoning Division, within 30 days of the permittee’s death, and the surviving spouse or child shall become the permittee and shall be subject to the requirements of this section.
(3) Revocation of permits. A permit granted for any home occupation may be revoked by the City Council for cause after a hearing before the Planning Commission. Complaints seeking the revocation of such permit shall be filed with the Building and Zoning Division and may be initiated by either the Administrative Official, Planning Commission, Zoning Board of Appeals or any three persons who reside at three different locations within one city block of where such occupation is conducted. All such revocation hearings shall be conducted in accordance with applicable public hearing and notice requirements of §§ 156.100 through 156.106 of this chapter.
(5) Modification of requirements. Modifications of the above regulations may be approved by the City Council in individual cases of applications for home occupation special use permits if the modification is found by the City Council to be in accordance with the purposes set forth in this chapter.
(6) Time limits in applying for permit. All home occupations being conducted in violation of this Section shall, within 30 days after the adoption of the ordinance from which this section derives, apply for the necessary permit or special use permit as the case may be, and enforcement of this section shall be stayed for such 30 days and, if application is made, until granting or denial of such applications.
(7) Penalty. Any person who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this Section shall, upon conviction, be subject to penalty provisions in § 156.033.
(Ord. 2013-22, passed 11-25-2013)
§ 156.368 RESIDENTIAL CONVERSIONS.
(A) In order to protect the integrity of existing housing stock and to protect the public from hazards inherent in overcrowding in residential property, it shall be unlawful for any person to alter, or cause to be altered, any existing structure or portion thereof to increase the number of dwelling units on any parcel of land.
(B) Residential structures located in the “C-1” and “C-2” districts may be converted to commercial use, subject to the special use permit procedures and requirements, and subject to the following additional regulations:
(1) No alterations shall be made to the building exterior except for those required to bring the building into compliance with the accessibility standards;
(2) Off-street parking shall be restricted to the rear of the building;
(3) Only one accessory structure shall be permitted on the property and shall be used for storage purposes only;
(4) No exterior storage, placement of materials or display of goods shall be permitted;
(Ord. 2013-22, passed 11-25-2013)
§ 156.369 JUNKYARDS.
(A) No part of any junkyard, which includes any lot on which three or more inoperable vehicles are stored, shall be located closer than 500 feet to the boundary of any residential district.
(B) All vehicles, parts and equipment shall be stored within a completely enclosed structure, or within an area screened by a wall or a solid fence at least ten feet high, designed and maintained of sufficient density to block the view from adjacent property.
(Ord. 2013-22, passed 11-25-2013)
§ 156.370 ADULT REGULATED FACILITY.
Any person operating or who causes to be operated an adult regulated facility, shall do so in accordance with the following regulations:
(A) An adult regulated facility shall only be operated in the “I” Industrial District;
(B) An adult regulated facility shall not be operated within 500 feet of the following:
(1) A church, synagogue, mosque, temple or building which is used for religious worship or related religious activities;
(2) A public or private educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, colleges, and universities;
(3) A boundary of a residential zoning district, or residence district;
(4) A public park or recreational area which has been designated, on the city’s General Land Use Map, for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, and other similar public land;
(5) The property line of a parcel devoted to a residential use;
(6) An entertainment business which is oriented primarily towards children or family entertainment;
(7) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the city or state.
(C) An adult regulated facility shall not be operated, established, or enlarged within 500 feet of another adult regulated facility.
(D) (1) A person shall not transfer ownership or control of an adult regulated facility for the purpose of obscuring their ownership of a second adult regulated facility within 500 feet of the another adult regulated facility.
(2) For purposes of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the parcel upon which the adult regulated facility is located to the nearest portion of the parcel, area or property line (as applicable) upon which one of the above listed uses is located. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.
(E) A person shall not cause or permit the operation, establishment or maintenance of more than one adult regulated facility in the same building, structure, or portion thereof, or the increase of floor area of any adult regulated facility in any building, structure, or portion thereof containing another adult regulated facility.
(F) Any adult regulated facility lawfully operating on the effective date of this section shall be deemed a nonconforming use, unless already located in a zoning district for which an adult regulated facility is a permissive use. The nonconforming use shall be permitted to continue for a period not to exceed one year, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming use shall not be increased, enlarged, extended, or altered except that such nonconforming use may be changed to a conforming use.
(Ord. 2013-22, passed 11-25-2013)
§ 156.371 MAJOR TRAFFIC GENERATORS.
In addition to the requirements contained herein, the following requirements shall apply to all uses permitted within the city that generate significant amounts of traffic, viz:
(A) Any use requiring more than 100 parking stalls shall provide more than one means of ingress and egress and provide a traffic study, performed by a registered transportation engineer, pursuant to the requirements of division (D) herein;
(B) Any use requiring 200 or more parking stalls shall meet requirements of division (A) of this section and provide direct access to an arterial road;
(C) The developer of any use that requires improvements to the City’s transportation system shall be responsible for the cost to design and construct all applicable public improvements such as traffic signals, sidewalks, turn lanes, street lights, medians, and the like;
(D) Any use requiring a traffic study pursuant to this section, or as required by the city, shall submit the study prior to any approvals. The traffic study shall address the following:
(1) Level of service for site ingress and egress;
(2) Demand for auxiliary turn lanes;
(3) Vehicle queue lengths;
(4) Access spacing and sight distance;
(5) Impact to adjacent major intersections;
(6) Onsite traffic circulation, including emergency vehicles, buses, delivery trucks, and the like;
(7) Pedestrian circulation.
(E) The methodology used to evaluate each of these pertinent factors should follow the practices recommended by the Institute of Transportation Engineers (ITE). The results of this analysis shall provide documentation for the city’s consideration that the proposed development adequately addresses traffic impacts, and does not present a clear and present, grave and immediate danger to public health, peace or welfare.
(Ord. 2013-22, passed 11-25-2013)
§ 156.372 ADULT-USE CANNABIS.
(A) In addition to the requirements contained herein the following requirements shall apply to all adult-use cannabis uses permitted within the city:
(B) Prohibited.
(1) Adult-use cannabis business establishments are prohibited in the uptown business district area as defined by boundary map 156.372.1.
(2) Consumption of cannabis on the premises of a retail tobacco store as defined in Section 10 of the Smoke Free Illinois Act as amended, is prohibited.
(Ord. 2019-28, passed 12-23-2019)
§ 156.385 OFF-STREET PARKING SPACES REQUIRED FOR CERTAIN USES.
(A) There shall be provided in all zoning districts, at the time of erection or enlargement of any principal building or structure, automobile off-street parking spaces with adequate access to all spaces in accordance with Table 156.387.1 and subject to the requirements herein.
(B) No off-street parking need be provided for buildings and uses located within the boundaries of an area enclosed by Metropolis, Pearl, 2nd and 8th, provided such buildings and uses are located 500 feet of a public parking lot or an alternative parking plan is approved.
(C) Parking may be provided both in an off street parking lot, and as parallel or other approved parking along streets that are internal to a development in accordance with an approved parking plan.
(D) An area devoted to off-street parking shall be located (at its nearest point) within 100 feet of the principal building in any “R” district; and within 300 feet of the principal building in the “I”, and any “C”, district.
(E) No residential driveway, parking surface or detached garage shall cover more than 10% of the parcel upon which it serves.
(F) Any lights used to illuminate a parking area shall be arranged, located or screened to direct light away from any adjoining residential use.
(G) Except as may be established by an approved alternate parking plan, the number of vehicle parking spaces to be provided for each type of land use shall be determined by the following, rounded to the nearest whole space. Developments containing two or more uses listed below shall provide the number of spaces required for each use. Any use not listed below shall provide four parking stalls per 1,000 square feet of gross floor area, unless otherwise provided by the city.
(Ord. 2013-22, passed 11-25-2013)
§ 156.386 ALTERNATE PARKING PLAN.
The parking requirements established in this chapter may be modified by the Zoning Board of Appeals pursuant to an approved alternate parking plan. An alternate parking plan may be approved only upon evidence that the circumstances justify modification, satisfy the objectives of this article, and are in the public interest. An alternate parking plan shall be subject to any appropriate conditions determined by the Board to be necessary to fully mitigate the impact of any modification.
(Ord. 2013-22, passed 11-25-2013)
§ 156.387 SHARED PARKING.
The parking spaces provided for separate uses may be combined in one lot, but the required spaces assigned to each use may not be assigned to another use, except as follows:
(A) Parking spaces that are proposed to be shared among two or more uses must be clearly available to all allowed users and not appear in any way to be serving a particular use. Directional signage shall be installed to clearly identify the location and means of access to the designated shared parking areas;
(B) Shared parking arrangements must be evidenced by a written agreement acceptable to the Zoning Board of Appeals, and approved by the owners of each of the affected properties or uses. The approved agreement shall be recorded and a copy supplied to the Administrative Official.
Table 156.387.1 Parking Requirements
|
Table 156.387.1 Parking Requirements
| |
Dwellings, lodgings | |
Hotels, motels, lodges | 1 space for each lodging unit |
Manufactured homes | 2 spaces per manufactured home |
Multi-family, two-family | 2 spaces per dwelling unit |
Single-family | 2 spaces per dwelling unit |
Bed and breakfast | 1 space per rental room |
Home occupations | 1 space per 150 square feet of floor area devoted to the home occupation in addition to the parking requirements for the dwelling |
Institutional | |
Assisted living facilities, community group residences and convalescent nursing or retirement homes | 1 space per 5 beds plus 1 space for each 2 employees |
Auditoriums, churches. temples, synagogues and other places of worship, theaters, stadiums, and other places of assembly | 1 space for every 3 seats, (one seat equals 2 feet of bench length) plus 1 space for every vehicle on the premises |
Hospitals | 1 space per 2 beds plus 1 space for each 2 employees |
Civic, clubs, museums, etc. | 1 space per 200 square feet of floor area |
Schools, public or private, all grades and vocations | 1 space for every classroom and office, and 1 space for every 3 students over 16 years of age |
Commercial, Office Service | |
All commercial, professional, governmental, and service uses, unless specifically indicated otherwise below | 4 spaces per 1,000 square feet of floor area plus 1 space for each company of business vehicle |
Amusement parlor, recreational attraction, roller skating or ice skating rink | 6 spaces per 1,000 square feet of floor area |
Automobile, Truck, recreational vehicle, manufactured home or utility structure sales | 2 spaces per 1,000 square feet of indoor sales area plus 1 space per 2,500 square feet of outdoor sales area plus 1 stall per service bay |
Car wash | 1 space for each employee on the maximum shift and 3 queue spaces per bay including bay capacity-for a total of 4 queue spaces per wash bay |
Dance hall or meeting hall | One space per 40 square feet of gross floor area, plus 1 space for each staff member employed during the busiest shift, plus 1 space for each 40 square feet of all area devoted to customer service for any included restaurant or banquet hall |
Daycare center | 2 spaces per 1,000 square feet of floor area |
Drive in or drive through lanes | 5 queue spaces for each service lane and 4 queue spaces for each additional drive lane |
Furniture or carpet store | 3 spaces per 1,000 square feet of floor area |
Funeral home | 1 space per 5 seats plus 1 space per funeral vehicle, but not less than 20 spaces per chapel or stateroom |
Restaurants | 1 space per 2 seats or 8 per 1,000 square feet of floor area, whichever is greater |
Service station, gas station, auto repair shop or garage and convenience store | 3 stalls per service bay, plus 4 spaces per 1,000 square feet of floor area |
Taverns | 1 space per 2 seats or 8 spaces per 1,000 square feet of floor area, whichever is greater |
Industrial | |
Wholesale, manufacturing, warehousing or other industrial use | 1 space for each 2 employees or 1 space for each 1,000 square feet of gross floor area, whichever is greater |
(Ord. 2013-22, passed 11-25-2013)
§ 156.388 DESIGN REQUIREMENTS.
The provisions of this section apply to all vehicle parking spaces and parking areas, whether the parking meets or exceeds the number of spaces established in this subchapter to serve a particular use.
(A) Minimum stall dimensions: every 90° parking space shall provide a usable rectangular area at least ten feet wide by 20 feet in length. Access drives shall not encroach into this minimum rectangular area. Every parking space shall be clearly delineated by lines painted on or otherwise applied to the parking lot surface. The requirements for off-street parking shall be implemented according to the minimal dimensions identified in Table 156.388.1 and Diagram 1.1 below.
Table156.388.1 Minimum Parking Dimensions and Aisle Widths
| ||||||
A | B | C | D | E | F | |
Parking Angle | Stall Width | Stall Length | Curb Length per Car | Stall Depth | Aisle Width | End of stall to end of stall |
Table156.388.1 Minimum Parking Dimensions and Aisle Widths
| ||||||
A | B | C | D | E | F | |
Parking Angle | Stall Width | Stall Length | Curb Length per Car | Stall Depth | Aisle Width | End of stall to end of stall |
0° | 8.5' | - - | 23' | - - | 13' | - - |
45° | 10.0' | 20.0' | 12.7' | 21.0' | 13.0' | 51.9' |
60° | 10.0' | 20.0' | 10.5' | 22.5' | 18.0' | 59.5' |
90° | 10.0' | 20.0' | 10.0' | 20.0' | 24.0' | 60.0' |
- The diagrams below illustrate the measurements (A), (B), (C), (D), (E) and (F) | ||||||
- Additional width may be required where the aisle serves as the principal means of access to on-site buildings | ||||||
(B) Internal access and circulation: access aisles in parking lots must be at least 22 feet wide for two-way traffic (24 foot radii), and 14 feet wide for one-way traffic. One-way traffic aisles must be clearly marked with directional arrows on the pavement at each intersection with another aisle. No parking space shall be accessible from an access driveway within the first 20 feet of the driveway measured from the street right-of-way line.
(C) Improvement of parking areas: all vehicle parking areas and all access drives shall be improved with a permanent dust free surface consisting of a minimum pavement cross section of a compacted subgrade with a six inch compacted aggregate base (IDOT CA-Gradation) overlaid with a three-inch asphalt surface, or a six inch asphalt base overlaid with a 1-1/2-inch asphalt surface.
(D) Curbs: all vehicle parking areas and all access drives in office, commercial and industrial zoning districts shall have a boundary constructed of straight-back concrete curbing (IDOT Type “B” PCC Curb) or an integral concrete sidewalk and curb with a vertical face.
(Ord. 2013-22, passed 11-25-2013)
§ 156.389 ACCESSIBLE PARKING REQUIREMENTS.
(A) Method of computation: accessible parking spaces shall be provided and counted as part of the total number of parking spaced required.
(B) Required spaces: accessible spaces shall be provided in each parking lot according to the State of Illinois Disability Rights Bureau publications, as such publications may be amended from time to time.
(C) All sidewalks, crosswalks, parking lots, or other areas of pedestrian circulation shall comply with the standards shown in the State of Illinois Disability Rights Bureau publications, as such publications may be amended from time to time.
(Ord. 2013-22, passed 11-25-2013)
§ 156.390 OFF-STREET LOADING SPACE AND ACCESS WAYS REQUIRED.
(A) Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movement. Each access way shall be at least 12 feet in width.
(B) All loading spaces shall be located on the same lot as the use served; such loading spaces shall not be located within 50 feet of the intersection of any two streets, and shall not be located within required front or side yards.
(C) Space allocated to any off-street loading space shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.
(D) Unless otherwise specified, a loading space shall be at least 10 feet in width, by at least 25 feet in length, and shall have a vertical clearance of at least 14 feet.
(E) For the uses listed in the Table 156.390.1, off-street loading space shall be provided on the basis of gross floor area of buildings or portions thereof devoted to such uses in the amounts shown, below.
Table 156.390.1 Loading Requirements
| |
Gross Floor Area (SF) | Off-Street Loading Spaces Required |
Table 156.390.1 Loading Requirements
| |
Gross Floor Area (SF) | Off-Street Loading Spaces Required |
Commercial office and industrial uses | |
0 to 2,999 | 0 |
3,000 to 19,999 | 1 |
20,000 to 49,999 | 2 |
50,000 to 100,000 | 3 |
Above 100,000 | 1 additional per 50,000 SF |
Hospital, institutions and similar uses | |
0 to 4,999 | 0 |
5,000 to 49,999 | 1 |
50,000 to 100,000 | 2 |
Above 100,000 | 1 additional per 50,000 SF |
(Ord. 2013-22, passed 11-25-2013)
§ 156.391 ACCESS MANAGEMENT.
(A) Ingress and egress to any parking area or use shall be by means of paved driveways from the adjoining street. The minimum width of driveways for ingress and egress shall be the same as those specified in Table 156.388.1 for aisles. Driveway width, for the purpose of this section, shall include only the pavement and not the curbs and gutters.
(B) The distance of a parking area entrance drive from the intersection of two streets, and the distance between curb cuts, shall be based on the street design standards set forth below in Table 156.391.1 and measured from the edge of pavement. Whenever applicable, shared driveways are encouraged.
Table 156.391.1 Entrance Drive Separation
Street Classification | |||
Arterial | Collector | Local | |
Intersection r.o.w. to edge of driveway | 125' | 100' | 30' |
Commercial development | 125' | 75' | 20' |
Residential development | 125' | 75' | 6' |
Agricultural development | 125' | 100' | 30' |
(Ord. 2013-22, passed 11-25-2013)
§ 156.392 PARKING AND STORAGE OF VEHICLES.
(A) No motor vehicle designed or regularly used for carrying freight, merchandise, or other property or more than eight passengers and that is licensed in excess of 12,000 pounds gross vehicle weight (excluding any vehicle which is licensed as a recreational vehicle), shall be parked on city streets in a residential district, except for deliveries.
(B) Outside storage of recreational vehicles, equipment, materials, boats or personal watercraft shall meet the following performance standards:
(1) The outdoor storage is to be located on land owned by, leased by, or under the control of the users;
(2) Outdoor storage shall be located behind the front building line and restricted to side or rear yards and shall be at least three feet from any lot line;
(3) All storage areas and access drives shall be paved. For purposes of this subsection only, the term “paved” shall mean or include a covering of concrete, asphalt, oil and chip, or rock or gravel. In the case of rock or gravel, such materials shall be applied to a depth of eight inches.
(4) Outside storage of inoperative vehicles, boats or personal watercraft, or materials or equipment, exceeding 30 days is prohibited unless otherwise specifically permitted by the City Code.
(C) With the exception of the Industrial District, inoperative or unregistered vehicles may not be stored or repaired (other than in enclosed garages) on the premises.
(D) In zoning districts other than the Industrial District, construction equipment and construction vehicles may not be stored or repaired on the premises (other than in enclosed garages), except when being utilized for construction activities on the premises pursuant to a valid permit issued by the City for construction work necessitating use of such equipment, or when used for permitted work on the public right-of-way, or when associated with a special use permit as part of an allowable primary use, such as an equipment rental business.
(Ord. 2013-22, passed 11-25-2013)
§ 156.410 INTENT.
The requirements imposed by this chapter are designed to guide the use of land by encouraging the development of structures and uses that are compatible with the predominant character of each of the various districts. Lots, structures, and uses of land or structures that do not conform to the requirements of the district in which they are located impede appropriate development. For example, nonconformities are frequently responsible for heavy traffic on residential streets, the overtaxing of parking facilities, the emission of noxious fumes or excessive noise, and the lowering of property values. The requirements of this subchapter are intended to alleviate such existing potential problems by encouraging the gradual elimination of nonconformities.
(Ord. 2013-22, passed 11-25-2013)
§ 156.411 NONCONFORMING LOTS.
(A) Vacant lots. Any vacant lot that does not conform to one or more of the lot size (area, dimensions) requirements of the zoning district in which it is located may be used in the manner indicated in divisions (B), (C), and (D) of this section if such vacant lot:
(1) Is a lot of record on the date of the adoption of the ordinance from which this chapter derives; and
(2) Has continuously remained in separate ownership from abutting tracts of land throughout the entire period during which the creation of such lot was prohibited by any applicable zoning or other ordinance.
(B) Agricultural district. In the “A” agricultural district, any structure permitted in the district may be erected on any vacant nonconforming lot of the type described in division (A) of this section if all the setback and off-street parking requirements of the district are met.
(C) Residential districts. In any residential district, one single-family dwelling and related accessory structures, but no other use, may be erected on any vacant nonconforming lot of the type described in division (A) of this section, provided all the setback and off-street parking regulations of the particular district are met.
(D) Commercial and industrial districts. In the “I” industrial district and in any commercial district, any structure permitted in the particular district may be erected on any vacant nonconforming lot of the type described in division (A) of this section if the setback and off-street parking requirements of that district are met.
(E) Two or more lots in common ownership. If two or more lots or combinations of lots and portions of lots with continuous frontage were of record and in common ownership on the effective date of the ordinance from which this chapter derives, and if one or more of those lots does not meet the minimum lot width, depth and area requirements of the district in which it is located, the land involved shall be considered an undivided parcel. No portion of any such parcel shall be developed except in compliance with this chapter, nor shall any such parcel be divided so as to create a lot that does not meet the requirements of this chapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.412 NONCONFORMING STRUCTURES.
Any lawful structure which exists on the effective date of the ordinance from which this chapter derives but which could not be erected under the terms of this chapter because of restrictions on lot size, height, setbacks, or other characteristics of the structure or its location on the lot, may lawfully remain, subject to the following:
(A) Enlargement, alterations. No such structure shall be enlarged or altered in any way which increases its nonconformity;
(B) Relocation. No such structure shall be relocated unless, after relocation, it will conform to all the requirements of the district in which it is relocated; and
(C) Reconstruction. If less than 50% of a nonconforming structure is damaged, such nonconforming structure may be rebuilt as long as its non-conformity is not increased. If 50% or more of a nonconforming structure is damaged, such nonconforming structure may not be rebuilt. If rebuilding on the site does occur, the only structure permitted in such a case is one which conforms to requirements of the zoning district in which it is located. In all instances, the percentage of damage shall be determined by the Administrative Official.
(Ord. 2013-22, passed 11-25-2013)
§ 156.413 NONCONFORMING USES OCCUPYING A STRUCTURE.
If any lawful use occupying a structure exists on the effective date of the ordinance from which this chapter derives but would not be allowed under the terms of this chapter, such use may lawfully continue, subject to the following:
(A) Minor repair and maintenance. Minor repairs or routine maintenance to structures and property, where nonconformities exist, are permitted. Work estimated to cost more than 10% of the structural value of the structure to be repaired, shall be prohibited unless authorized by the Administrative Official;
(B) Enlargement, alteration, reconstruction, relocation. No structure housing a nonconforming use shall be enlarged, structurally altered, reconstructed or relocated unless the use of the structure is changed to a permitted use;
(C) Extension of use. No nonconforming use may be extended to any part of the structure not intended or designed for such use, nor shall the nonconforming use be extended to occupy any land outside such structure;
(D) Change of use. A nonconforming use occupying a structure shall not be changed except to a use permitted under the applicable zoning district regulations; and
(E) Discontinuance of use-abandonment. When a nonconforming use of a structure, or of a structure and premises in combination, is discontinued for 12 consecutive months, the nonconforming use shall not thereafter be resumed. Any discontinuance caused by government action, and without any contributing fault by the nonconforming user, shall not be counted in calculating the length of discontinuance.
(Ord. 2013-22, passed 11-25-2013)
§ 156.414 NONCONFORMITIES UNDER PERMIT AUTHORITY.
The requirements of this Article shall not apply to any change in an existing structure or to any change in the use of a structure for which a permit was issued prior to the effective date of the ordinance from which this chapter derives or any pertinent amendment thereto, provided that the work authorized by such permit is completed within a reasonable time.
(Ord. 2013-22, passed 11-25-2013)
§ 156.425 INTENT.
(A) The provisions of this section are intended to protect property values and enhance community appearance in keeping with the goals of the Comprehensive Plan of the City of Metropolis. It is recognized that the appearance of property has a direct bearing on the economic value of such property, as well as on the economic value of adjacent and surrounding property. The appearance of a single property affects not only surrounding property, but the cumulative affect is to enhance or diminish the aesthetic quality of the entire city and consequently the values of property within the city. It is further recognized that the appearance of property not only has economic effects, but also affects the general welfare, health and safety of city citizens. An aesthetically pleasing environment is a clean, healthy and safe environment.
(B) The city recognizes the significance of the Central Business District as an important cultural and commercial resource. The Central Business District contains common building elements such as load-bearing brick walls, second story bay windows, decorative brickwork, and cast iron thresholds. This Article provides a procedure by which development of property within the Central Business District may be reviewed and modified in order to enhance the aesthetic beauty of the Central Business District and maintain the desirable qualities of the District through clear architectural and appearance standards and, consequently, the economic value of property and the general welfare of the citizens.
(Ord. 2013-22, passed 11-25-2013)
§ 156.426 SPECIFIC PURPOSES.
In addition to the general purposes and intent expressed above, this subchapter is further intended to give effect to the following specific purposes:
(A) To establish standards for the orderly development or redevelopment within the Central Business District;
(B) To permit public involvement in the planning of private land uses which have the potential for significant impact on the use and enjoyment of surrounding property, or on the public resources and public facilities of the city;
(C) To conserve and protect the taxable value of land and buildings in the Central Business District;
(D) To preserve and protect the visual diversity of buildings in the Central Business District and its pedestrian scale;
(E) To preserve, protect and encourage the development of buildings, groups of buildings and development sites of distinguished architectural character and appearance.
(Ord. 2013-22, passed 11-25-2013)
§ 156.427 APPLICATION.
These standards shall apply to all exterior building renovation, new construction or other exterior alterations to property in the “C-2” district that requires a permit. No permit shall be issued except upon approval of a site plan in conformance with the site plan review procedures and fees established in §§ 156.060 through 156.071 and the additional standards set forth in this subchapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.428 STANDARDS FOR DESIGN.
The purpose of these standards is to establish a checklist of those items that affect the physical aspect of the Central Business District. These standards are not intended to restrict imagination, innovation or variety, but rather to assist in focusing on design principles that allow creativity with a satisfactory visual appearance while promoting the purpose and intent of this section.
(A) New construction- building components and design requirements.
(1) Architectural style. There are no restrictions on architectural style.
(2) Entryways. Entryways must be recessed to a depth that does not allow a door to swing onto the sidewalk, and must have a strong design consistent with the architecture of the rest of the building. Elements of strong entryway design include canopies, awnings, porticos, arcades, raised cornice parapets over the door, peaked roof forms, arches, large windows, or architectural details such as tile work and moldings that are integrated into the building structure and design.
(3) Windows.
(a) Coverage and operability. Windows must cover no less than 50%, nor more than 75% of the storefront area; windows must cover no less than 30% nor more than 50% on the upper facade. At least 50% of all windows on the second and higher floors must be operable.
(b) Orientation and placement. Windows must be vertical, with no less than a 2:1 ratio of height to width. Storefront windows must start between two and three feet above the sidewalk.
(c) Window signs. No more than 30% of the storefront windows may be covered by signs. This restriction does not apply to signs permanently painted on or etched into the window to serve as the business’ primary sign.
(d) Framing. All windows must include an architectural element that frames the window.
(e) Shutters. All window shutters must have the dimensions of operable shutters that makes the shutters appear to be operable even if the shutters are permanently fixed in an open position.
(4) Cornice and fascia.
(a) At roofline. All buildings must have a well-defined cornice or fascia that creates a strong roofline and visually caps the building, giving the building a finished appearance and unifying the building with existing structures within and adjacent to the Central Business District.
(b) At storefront. All buildings must have a storefront cornice occurring between nine and 12 feet above the sidewalk in order to complement the average height of storefront cornices on existing buildings.
(5) Roof styles. The shape of the roof is not limited; however, all buildings must have a parapet that conceals the roof plane.
(6) Mechanical equipment or other utility hardware. On buildings not located on a corner, all mechanical equipment or other utility hardware must be located on the roof or in the rear yard and must be screened from view with materials harmonious with the building. Such equipment or hardware on a corner building must be located on the roof and screened from view with materials harmonious with the buildings. Such equipment or hardware shall not be located closer than six feet from any residential windows. No mechanical equipment or hardware or screening materials on any building may be visible from the street level.
(7) Side and rear building faces. All exterior surfaces visible from the street must include architectural components found on the primary building facade in order to tie the building together. Rear entrances are encouraged.
(8) Anti-monotony. New construction must avoid monotony in design by having no more than 15 feet of blank wall length without an interruption by at least two of the following: change in plane, change in texture or masonry pattern, windows, trellises with vines, or an equivalent.
(9) Scale of design. All new construction fronting the Square must be at least two stories in height, with the first floor between 12 and 15 feet in height and upper stories between nine and 12 feet in height, unless otherwise waived by the Planning Commission. Buildings may be no more than two stories taller than adjacent buildings. No building in the Central Business District may be more than three stories in height, or 45 feet in height.
(10) Corner buildings. Both street-facing sides of corner buildings shall be treated like the storefront facade, therefore, all storefront facade requirements apply to both street-facing sides.
(11) Color. Exterior colors in the Central Business District are limited to natural non-primary or muted colors. Primary or highly saturated colors shall be limited to accent or trim only. All exterior building materials, finishes and colors shall be coordinated to achieve a continuity of design. All exterior doors, grills and building trim shall be painted consistent with the color scheme of the building.
(12) Permitted building materials. The following materials are permitted on the building exteriors visible from the street or alley: stone, marble, standard brick, decorative wood trim and copper. The Planning Commission may permit other non-listed materials of similar quality and appearance.
(13) Prohibited building materials. The following materials are generally prohibited on the building exterior visible from the street or alley: corrugated metal, corrugated fiberglass, aluminum siding, face brick, imitation rock work, mirror or metalized reflective glass, plywood, masonite, structure and chip board siding, exterior insulated finish system (EIFS), vinyl siding, metal siding other than copper, cinder block, split-face block or pre-cast panels. The Planning Commission may permit the limited use of the above materials on a case by case basis and may also reject other exterior materials that do not complement the historic character of the Central Business District or that do not further the redevelopment plan for the Square.
(14) Awnings and canopies. Awnings and canopies are permitted with the following restrictions:
(a) All awnings must be made of cloth fabric; vinyl awnings are prohibited. Canopies must be made of materials that complement the overall historic character of the Central Business District;
(b) No interior lighting is permitted within awnings or canopies except at the entryway, where light up to five foot-candles at grade is permitted;
(c) Awnings and canopies must be mounted no higher than 12 inches below the storefront cornice. All awnings and canopies must have a minimum vertical clearance of seven feet and six inches above the sidewalk;
(d) Awnings and canopies must be attached directly to the building without requiring poles or sidewalk support;
(e) On buildings wider than 25 feet, awnings and canopies must be segmented to articulate each display window and to provide a better sense of proportion to the facade;
(f) Awnings and canopies may not cover more than 25% of storefront windows; and
(g) Awnings and canopies shall be limited to natural non-primary or muted color; such colors shall complement the building on which they are attached.
(15) Exterior lighting.
(a) In order to promote the goals of improved aesthetics, greater energy efficiency, and safety, the following lighting standards apply to all non exempt outdoor lighting:
1. All light fixtures must be harmonious with the overall building design;
2. Mounting of light fixtures is limited to the first floor;
3. Lights may not move or flash;
4. Prohibited lighting includes fluorescent, high-pressure sodium, laser, floodlights, mercury vapor and searchlights. The prohibition against fluorescent does not apply when the fluorescent luminaries has a color rendition similar to tungsten;
5. All bulbs and fixtures must be non-glare;
6. Either exterior or interior lighting must illuminate the storefront display windows until 2:00 a.m.;
7. Recessed entryways must be illuminated but may not exceed an average of five foot-candles at grade.
(b) The foregoing lighting standards shall not apply to any structure listed on the National Registry of Historic Buildings.
(B) Building design for exterior renovation of existing structures: all of the aforementioned guidelines from division (A) of this section, New Construction - Building Components and Design Requirements, apply to the exterior alterations made to existing structures unless waived by the Planning Commission. The City of Metropolis recommends that the renovation of existing structures recreate the original facade, specifically:
(1) Windows. Restore and re-glaze original window openings into original shapes and sizes. Windows may not be permanently filled or decreased in size;
(2) Surface materials. Remove non-original surface materials from the original wall surface, when the original wall surface still exists; and
(3) Piers. Restore piers to original status when such piers have been eliminated or reduced in size.
(Ord. 2013-22, passed 11-25-2013)
§ 156.429 MAINTENANCE STANDARDS.
Maintenance standards in this division apply to all properties in the Central Business District. All exterior facade materials must be maintained in sound and attractive condition. Any rotten, broken, or otherwise deteriorated materials shall be repaired or replaced in kind. Peeling and/or chalking painted surfaces shall be repainted or otherwise refinished. Permanent boarding or filling in of windows on any side of the building is prohibited. All surfaces shall be kept free of debris, such as tape and staples. All other city code maintenance provisions also apply.
(Ord. 2013-22, passed 11-25-2013)
§ 156.430 STREETSCAPE PROVISIONS.
Business owners in the Central Business District may temporarily place items, including the outdoor eating areas, on the sidewalk in the public right-of-way, directly next to the building under the following conditions:
(A) Such items may not unreasonably interfere with the flow of pedestrian traffic;
(B) Items may not obstruct the entryway; and
(C) Items must be stable and not prone to toppling or blowing away.
(Ord. 2013-22, passed 11-25-2013)
§ 156.431 PENALTIES.
Property owners who fail to comply with the procedures set forth in this Article may be fined in an amount not to exceed $750 per each day of noncompliance. Failure to comply includes, among other actions, failing to obtain compliance approval from the Planning Commission to the requirements herein or failing to comply with conditions set forth in a conditional approval of compliance. The city may file for injunctive relief where the city determines such relief to be in the public interest.
(Ord. 2013-22, passed 11-25-2013)
§ 156.445 PURPOSE.
In accordance with state law, this subchapter establishes comprehensive regulations for the control of signs, other street graphics and billboards in order to preserve, protect, and promote the public health, safety, and general welfare. More specifically, this subchapter is intended to assist in achieving the following objectives:
(A) To authorize the use of signs, street graphics and billboards which are:
(1) Compatible with their surroundings and the zoning district in which they are located;
(2) Expressive of the image this municipality desires to project;
(3) Appropriate to the type of establishment or activity to which they pertain; and
(4) Legible in the circumstances in which they are seen;
(B) To foster high quality commercial and industrial development, and to enhance the economic vitality of existing businesses/industries by promoting the reasonable, orderly, and effective display of signs, street graphics and billboards;
(C) To encourage sound graphic display practices, and to mitigate the objectionable effects of competition in respect to the size and placement of signs, street graphics and billboards;
(D) To enhance the physical appearance of this municipality by protecting the manmade and natural beauty of the area;
(E) To protect pedestrians and motorists from any damage or injury that might result from the improper construction, placement, or use of signs, street graphics and billboards;
(F) To protect the public investment in streets and highways by reducing the obstructions and distractions, which might cause traffic accidents;
(G) To preserve the value of private property by assuring the compatibility of signs, street graphics and billboards with nearby land uses; and
(H) To protect the physical and mental well being of the general public by recognizing and encouraging a sense of aesthetic appreciation for the visual environment.
(Ord. 2013-22, passed 11-25-2013)
§ 156.446 JURISDICTION.
This subchapter shall be applicable within the corporate limits of the city, and within the city’s extraterritorial zoning jurisdiction.
(Ord. 2013-22, passed 11-25-2013)
§ 156.447 INTERPRETATION.
Every provision of this subchapter shall be construed liberally in favor of the city. Whenever the requirements of this subchapter differ from the requirements of the Highway Advertising Control Act of 1971 (ILCS Ch. 225, Act 440, §§ 1 et seq.), the more stringent standard shall apply. Whenever the requirements of this subchapter differ from the requirements of any previously adopted ordinance or regulation, the ordinances or parts thereof that conflict with the provisions of this subchapter are hereby repealed.
(Ord. 2013-22, passed 11-25-2013)
State law reference:
Highway Advertising Control Act of 1971, ILCS Ch. 225, Act 440, §§ 1 et seq.
§ 156.448 DISCLAIMER OF LIABILITY.
(A) Except as may be provided otherwise by statute or ordinance, no officer, board member, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his or her duties under this subchapter. (See “Local Governmental and Governmental Employees Tort Immunity Act”, ILCS Ch. 745, Act 10, § 1-101).
(B) Any suit brought against any officer, board member, agent, or employee of this municipality as a result of any act required or permitted in the discharge of his duties under this subchapter, shall be defended by the municipal attorney until the final determination of the legal proceedings.
(C) Nothing in this subchapter is intended to create a private cause of action in any person, business or corporation. Specifically, no consequential damages may be sought for loss of profits or business opportunity.
(Ord. 2013-22, passed 11-25-2013)
§ 156.449 PROHIBITION.
Any sign, street graphic or billboard not expressly permitted by this subchapter shall be deemed prohibited in the city.
(Ord. 2013-22, passed 11-25-2013)
§ 156.450 CALCULATION OF SIGN, STREET GRAPHIC AND BILLBOARD AREA.
The area of every sign, street graphic and billboard shall be calculated as follows:
(A) If a sign, street graphic or billboard is enclosed by a box or outline, the total area (including the background) within that outline shall be deemed the sign, street graphic or billboard area;
(B) If a sign, street graphic or billboard consists of individual letters, parts, or symbols, the area of the one imaginary square or rectangle that would completely enclose all the letters, parts, or symbols shall be deemed the sign, street graphic or billboard area;
(C) In calculating sign, street graphic or billboard area, only one side of any double-faced sign, street graphic or billboard shall be counted; and
(D) The area of signs, street graphics or billboards of unusual shapes such as globes, cylinders, or pyramids shall be computed as one-half of the total of the exposed surfaces.
(Ord. 2013-22, passed 11-25-2013)
§ 156.451 SIGN OR STREET GRAPHIC AREA ALLOWANCE.
Important: Within the limitations and restrictions as further provided in this subchapter, the total of the areas of flush mounted signs and flush mounted street graphics which a particular establishment is permitted to display, shall be computed according to the following formula:
(A) Two square feet of sign or street graphic area per one foot of lineal street frontage. An establishment is permitted to display a minimum of a 32 square foot sign or street graphic.
(B) For all signs and street graphics not flush mounted, the total areas of such signs or street graphics which a particular establishment is permitted to display shall be computed according to the same formula; provided that no establishment in any zoning district shall display more than 300 square feet of signs or street graphics.
(Ord. 2013-22, passed 11-25-2013; Am. Ord. 2024-17, passed 10-28-2024)
§ 156.452 SPECIAL SITUATIONS.
(A) If any establishment has frontage on two or more streets, each side having frontage shall be considered separately for purposes of determining compliance with the provisions of this subchapter. However, the sign and street graphic area allowances shall not be combined so as to allow any such establishment to display on any frontage a greater area of signs and street graphics than this section would otherwise permit.
(B) The side of an establishment abutting an off-street parking area shall be deemed frontage.
(Ord. 2013-22, passed 11-25-2013)
§ 156.453 MOVEMENT PROHIBITED.
No sign, street graphic or billboard shall revolve, rotate, or mechanically move in any manner.
(Ord. 2013-22, passed 11-25-2013)
§ 156.454 ILLUMINATION.
Illumination of signs, street graphics and billboards is permitted, subject to the following requirements:
(A) Only white directional lighting is permitted in residential zoning districts and within 100 hundred feet thereof;
(B) No red, yellow, green or other colored light shall be used at any location in such a manner as to confuse or interfere with vehicular traffic;
(C) No sign, street graphic or billboard shall have blinking, flashing, or fluttering lights or other illuminating devices which have a changing light intensity, brightness, or color; provided, that this provision shall not apply to any message on any electronically-operated changeable copy sign or street graphic. Beacon lights and illumination by flame are prohibited;
(D) The light from any illuminated sign, street graphic or billboard shall be shaded, shielded, or directed so as to avoid the creation or continuation of any nuisance or traffic hazard; and
(E) No exposed reflective type bulb, and no strobe light or incandescent lamp which exceeds 15 watts, shall be used on the exterior surface of any sign, street graphic or billboard in such a manner as to expose the face of the bulb, light, or lamp to any public street or to adjacent property.
(Ord. 2013-22, passed 11-25-2013)
§ 156.455 SIGNS, STREET GRAPHICS AND BILLBOARDS NOT TO BE HAZARDOUS.
(A) No sign, street graphic or billboard shall be erected, relocated, or maintained so as to prevent access or egress from any door, window, fire escape, or driveway.
(B) No sign, street graphic or billboard shall be erected or maintained in such a manner that it interferes with, obstructs the view of, or is likely to be confused with any authorized traffic sign, signal, or device.
(C) No sign, street graphic or billboard shall be located so as to obstruct vision at an intersection or vehicular entry or exit from the property.
(D) No sign or street graphic shall exceed a maximum height of 20 feet. There shall be no minimum height.
(Ord. 2013-22, passed 11-25-2013)
§ 156.456 STRUCTURAL MAINTENANCE REQUIREMENTS.
(A) Every sign, street graphic and billboard shall be designed and constructed in conformity with the applicable provisions of the building code.
(B) The electrical component of any illuminated sign, street graphic and billboard shall conform to the applicable requirements of the electrical code.
(Ord. 2013-22, passed 11-25-2013)
§ 156.457 STRUCTURAL STANDARD (FOR ELEVATED SIGNS, STREET GRAPHICS AND BILLBOARDS, AND FREE STANDING SIGNS, STREET GRAPHICS AND BILLBOARDS).
All such signs, street graphics and billboards shall be designated to withstand sustained winds of not less than 90 mph. All applicants for such signs, street graphics and billboards shall, prior to the commencement of construction, submit written plans and specifications meeting such standards, which plans and specifications have been certified by a licensed structural engineer.
(Ord. 2013-22, passed 11-25-2013)
§ 156.458 PROHIBITION.
In addition to the general prohibition in § 156.449, the following signs, street graphics and billboards are prohibited everywhere in the city (except as noted):
(B) Those attached to trees, fences, or public utility poles, other than warning signs issued by public utilities, see however, § 156.459;
(C) Those (including those affixed to posts and other supports) that advertise or identify an activity, business or service no longer conducted; such signs, street graphics and billboards must be removed within 60 days from the date of the discontinuance of that business, activity or service; and
(D) Those painted on roofs or walls advertising off-premises businesses.
(Ord. 2013-22, passed 11-25-2013; Am. Ord. 2015-28, passed 12-18-2015)
§ 156.459 PERMITTED.
Every sign and street graphic enumerated below that complies with the indicated requirement may be erected in any zoning district of this municipality without a permit. The area of said signs and street graphics shall not be debited against the displaying establishment’s sign and street graphic area allowance.
(A) Construction signs identifying the architects, engineers, contractors, and other individuals or firms involved with the construction, and/or announcing the character or purpose of the building, but not advertising any product. Such signs and street graphics shall not exceed 32 square feet in area, shall be confined to the site of the construction, and shall be removed within 14 days after the project has reached a substantial completion of 90%, but prior to the issuance of the certificate of occupancy by the city.
(B) Directional and informational signs erected for the convenience of the public, such as signs identifying entrances, exits, parking areas, no parking areas, restrooms, public telephones, walkways, and similar features or facilities. Such signs shall not exceed three square feet in area.
(C) Flags of any country, state, or unit of local government (ILCS Ch. 65, Act 5, § 11-80-17).
(D) Garage sale signs and street graphics advertising a garage or yard sale on private residential property. Such signs and street graphics shall not exceed four square feet in area, shall not be posted for longer than three days and are not allowed to be on street right of way.
(E) Governmental or public signs and street graphics, such as traffic control signs, railroad crossing signs, legal notices, signs indicating the location of underground cables, and the like.
(F) Holiday decorations, including but not limited to Christmas lights and ornaments, provided that such decorations must be removed within a reasonable time after the holiday.
(G) House numbers and/or name of occupant signs located on the lot to which the sign pertains. Such signs shall not exceed three square feet in area for single-family dwellings nor six square feet for multiple family dwellings.
(H) Institutional signs for public, charitable, fraternal, not-for-profit or religious institution. Such signs shall be located on the premises of the institution, shall not obstruct the vision of motorists, and shall not exceed 32 square feet in area.
(I) Integral signs carved into stone or inlaid so as to become part of the building, and containing such information as date of erection, name of building, and memorial tributes.
(J) Interior signs located in the interior of any building or within an enclosed lobby or court of any building or group of buildings, provided such signs are not visible from the exterior of said buildings.
(K) Political campaign signs and street graphics announcing candidates seeking public office and/or political issues and other pertinent information. Such signs and street graphics shall be confined to private property. Political campaign signs and street graphics shall not exceed 32 square feet in area in all zoning districts. Political campaign signs and street graphics shall not be displayed more than 45 days prior to, and must be removed within seven days after, the election to which they pertain.
(L) Property regulations signs and street graphics such as no trespassing, no hunting, no fishing, etc; such signs shall not exceed three square feet in area.
(M) Public interest signs and street graphics publicizing a charitable or nonprofit event of general public interest. In any residential district, such signs and street graphics shall not exceed 16 square feet in area; elsewhere, such signs and street graphics shall not exceed 32 square feet. Public interest signs and street graphics shall not be displayed more than 30 days prior to, and must be removed within seven days after, the event to which they pertain.
(N) Real estate signs and street graphics indicating the sale, rental or lease of the premises on which they are located. Such signs on residential property shall not exceed six and one-fourth square feet in area and not more than one real estate sign per street front shall be erected or placed on any lot. On other property, such street graphics shall not exceed 32 square feet, may be positioned in a “V” shape with an interior angle between the faces of not more than 90 degrees with the distance between the street graphics’ faces not exceeding five feet at their closest point. Such signs shall be removed within seven days after the sale, rental, or lease.
(O) Residential development identification signs and street graphics at major entrances designed to identify a residential subdivision, apartment complex, or planned unit development; containing no commercial advertising; and not exceeding 40 square feet in area.
(P) Street banners advertising a public entertainment or event. Such banners may be placed in locations approved by the Mayor during the period of 14 days before the event and seven days after the event. (ILCS Ch. 65, Act 5, § 11-80-17).
(Q) Utility company signs and street graphics that serve as an aid to public safety or that show the location of public telephones, underground cables, and the like.
(R) Memorial signs or tablets, names of buildings and date of erection when cut into any masonry surface or inlaid so as to be part of the building when constructed of bronze or other incombustible material.
(S) Armed Forces “yellow ribbon” signs, approved by AMVETS of Metropolis. Such approval shall be provided, in writing, to the Administrative Official. Such signs, honoring veterans whose status is active duty, inactive duty or deceased, shall be attached to utility poles and to no other surface or structure. Sign face shall be 12 inches by 18 inches in size, mounted a minimum of eight feet above grade.
(Ord. 2013-22, passed 11-25-2013)
§ 156.460 AGRICULTURAL DISTRICT.
Upon the effective date of this subchapter, no signs or street graphics except those listed in § 156.459, shall be permitted in an agricultural district.
(Ord. 2013-22, passed 11-25-2013)
§ 156.461 RESIDENTIAL DISTRICTS.
Upon the effective date of this subchapter, no signs or street graphics except those listed in § 156.459, shall be permitted in any residential district.
(Ord. 2013-22, passed 11-25-2013)
§ 156.462 COMMERCIAL AND INDUSTRIAL DISTRICTS.
No establishment located in any commercial district or in the industrial district shall display a total area of signs or street graphics in excess of its sign area allowance, (See § 156.451). Additionally, signs and street graphics in any commercial district or industrial district shall conform to the requirements indicated in the sections below.
(Ord. 2013-22, passed 11-25-2013) Penalty, see § 156.486
§ 156.463 FLUSH-MOUNTED.
For aesthetic and safety reasons, flush-mounted signs, and street graphics are preferred in the city. No flush-mounted sign or street graphic shall:
(A) Project more than 18 inches from the wall or surface to which it is attached (if such wall/surface is not vertical, the projection shall be measured from the closest point of the wall/surface to the sign); or
(B) Extend more than four feet above the roofline of the building to which it is attached.
(Ord. 2013-22, passed 11-25-2013) Penalty, see § 156.486
§ 156.464 PROJECTING.
(A) No establishment in any zoning district shall display more than one projecting sign or street graphic on any street front. No projecting billboards shall be permitted.
(B) No projecting sign or street graphic shall:
(1) Project more than ten feet from the building to which it is attached;
(2) Extend more than three feet above the roofline of the building to which it is attached;
(3) Project over a street, alley, public sidewalk, or driveway, or closer than two feet to the curb or edge of such vehicular way; or
(4) Extend below a point ten feet above the ground or pavement.
(Ord. 2013-22, passed 11-25-2013) Penalty, see § 156.486
§ 156.465 SIGNS ON AWNINGS, CANOPIES AND MARQUEES.
Signs mounted flush against any awning, canopy, or marquee shall be considered flush-mounted signs, and shall comply with the regulations of § 156.463 of this subchapter. Signs suspended beneath any awning, canopy, or marquee shall be considered projecting signs, and shall comply with the regulations of § 156.464 of this subchapter. When the message is placed directly on the awning, the sign area shall be the computation of the area of the one imaginary square or rectangle, which would completely enclose all the letters, parts or symbols.
(Ord. 2013-22, passed 11-25-2013)
§ 156.466 WINDOW.
Any establishment may display window signs. Window signs shall cover no more than 30% of any window. Permanent window signs shall be debited against the displaying establishment’s sign area allowance, but temporary window signs shall not.
(Ord. 2013-22, passed 11-25-2013)
§ 156.467 SHOPPING CENTER IDENTIFICATION.
(A) A shopping center, as an entity, may erect an identification sign in accordance with the provisions of this subchapter if the total gross floor area of all the establishments located in the center exceeds 50,000 square feet. A shopping center identification sign shall not exceed 200 square feet in area. One sign shall be allowed per 75 linear feet of frontage, not to exceed two freestanding signs per shopping center.
(B) This shopping center identification sign shall display the range of addresses (numbers only) located within the shopping center, (the square footage of such address portion of sign to be exempted from the 200 square feet of total sign area), with a minimum height of five inches, unless a finished base is provided, then the numbers may appear on the finished base (sign face sides), with a minimum height of five inches. Such range of addresses shall be of a reflective material, if not illuminated.
(Ord. 2013-22, passed 11-25-2013)
§ 156.468 FREESTANDING.
No more than one freestanding sign or street graphic shall be displayed on any street front of any lot. All freestanding signs or street graphic shall comply with the following regulations:
(A) No part of any freestanding sign or street graphic shall intrude into or project over any public right of way;
(B) No freestanding sign or street graphic shall be erected closer than ten feet to any lot line;
(C) No freestanding sign or street graphic shall be located so as to obstruct vision at an intersection or vehicular entry or exit from the property;
(D) No freestanding sign or street graphic shall exceed a total of 80 square feet in area, or ten feet in any dimension; provided that this paragraph shall not apply to shopping center identification signs; (See § 156.467 of this subchapter);
(E) When attached to a post or other supports, the top edge of a freestanding sign or street graphic shall not exceed more than 20 feet above the elevation of the centerline of adjacent right-of-way or the adjacent finished grade, whichever is greater;
(F) No exposed supports are permitted. Supports shall be encased by vinyl, metal or masonry, or painted; and
(G) Street address (numbers only) are to be located on signs and street graphics, (the square footage of such address to be exempted from the 80 square feet of total sign or street graphic face area), with a minimum height of five (5) inches, unless a finished base is provided, then the numbers may appear on the finished base (sign or street graphic face sides), with a minimum height of five (5) inches. Such addresses are to be of a reflective material if not illuminated, This Section shall not apply if address on building is clearly visible from right-of-way and is of a reflective material, if not illuminated.
(Ord. 2013-22, passed 11-25-2013; Am. Ord. 2015-28, passed 12-18-2015)
§ 156.469 ROOF-MOUNTED.
All roof-mounted signs, street graphics and billboards are prohibited everywhere in the city.
(Ord. 2013-22, passed 11-25-2013) Penalty, see § 156.486
§ 156.470 BILLBOARDS.
Notwithstanding any other subchapter or section of this Zoning Ordinance, billboards (which for the purposes of this section include all off-premises advertising signs) are prohibited in Metropolis except by special use permit in the “C-3” district and the “I” district as designated by the zoning ordinance. A maximum of 25 billboards are allowed within the city at any one time.
(A) Notwithstanding any other subchapter or section of this zoning ordinance, no billboard shall:
(1) Exceed 60 square feet in area, excluding municipality-owned billboards;
(2) Be stacked on top of another billboard, but billboards may be placed back-to-back or in a “V” type construction, not exceeding 30 degrees, with not more than one graphic to each facing;
(3) Be located closer than 2,000 feet to any other billboard on the same side of the roadway or within 1,000 feet to any other billboard; or
(4) Extend more than 30 feet above the ground or pavement.
(B) All billboards must be set back from all property lines a minimum of 20 feet or the overall height of the sign and supporting structure, whichever is greater.
(Ord. 2013-22, passed 11-25-2013) Penalty, See § 156.486
§ 156.471 SPECIAL PROMOTIONS.
Any business enterprise consisting of retail sales and/or rendering of services directly to the public shall be able to use mobile/portable signs and banners for promotional activities. Such promotional activities may occur not more than once in any calendar year. Each promotional activity shall take place on consecutive days, and shall not exceed ten consecutive days in length. Mobile/portable signs used in accordance with this section shall be confined to property on which the business enterprise is located. Any public, charitable, fraternal, not-for-profit or religious institution shall be able to use mobile/portable signs and banners for promotional activities. Such promotional activities may occur not more than twice in any calendar year. Each promotional activity shall take place on consecutive days, and shall not exceed ten consecutive days in length. Mobile/portable signs used in accordance with this Section do not have to be confined to the property on which the public, charitable, fraternal, not-for-profit or religious institution is located.
(Ord. 2013-22, passed 11-25-2013)
§ 156.472 TEMPORARY.
If an establishment does not have an existing sign, street graphic or billboard, a mobile/portable sign may be used. Once such mobile/portable sign is placed in use, such use is limited to a period of time not to exceed 30 consecutive days.
(Ord. 2013-22, passed 11-25-2013)
§ 156.473 OFF-SITE TRACT SALES OF SUBDIVISION LOTS.
One directional sign, or one directional street graphic for tract sales of lots or houses off-site is allowable in any commercial or industrial district if the sign meets the following conditions:
(A) The final plat of the subdivision must contain ten or more lots;
(B) The sign or street graphic may not exceed 32 square feet of area;
(C) An approved permit has been obtained for the sign or street graphic or billboard;
(D) These signs and street graphics must be posted off of public right of way and only with the written permission of the property owner; and
(E) Signs and street graphics must be removed when 90% of the houses and/or lots have been sold, or if 36 months have expired from the time of erection of the sign or street graphic.
(Ord. 2013-22, passed 11-25-2013)
§ 156.474 ADULT REGULATED FACILITY.
Any person operating, or causing the operation of an adult regulated facility shall comply with the signage requirements set forth in the City of Metropolis Zoning Ordinance. However, the following requirements shall apply to signage for an adult regulated facility. In the event that conditions imposed by this section are either more restrictive or less restrictive than comparable conditions imposed by any other section, law, ordinance, resolution, rule or regulations of any kind, the regulations which are more restrictive shall govern.
(A) Only one sign (a wall sign) shall be allowed for each adult regulated facility to advertise, promote or identify such adult regulated facility. No adult regulated facility shall be advertised, promoted or identified on any other on-premise, or off-premise; nor shall an adult regulated facility be advertised, promoted or identified on any street graphic or billboard.
(B) Such wall sign shall be a flat plane, rectangular in shape and have no more than one display surface. The display surface shall not exceed 32 square feet in area and shall not exceed five feet in height or ten feet in length.
(C) No sign pertaining to an adult regulated facility shall contain or display photographs, silhouettes, drawings or pictorial representations of any manner, and may only contain the following:
(1) The name of the business; and/or
(2) One or more of the following phrases:
(a) Adult bookstore.
(b) Adult cabaret.
(c) Adult massage parlor.
(3) Signs for adult cabarets may contain the additional phrase “Movie Titles Posted Inside Premises”;
(4) Each letter forming a word on a sign shall be of a solid color, and each such letter shall be the same font, size and color. The background behind such lettering on the display surface of the sign shall be of a uniform and solid color.
(D) The following signs are prohibited by, and with regard to, an adult regulated facility: projecting signs; marquee signs; window signs; illuminated signs; signs that move or simulate movement; signs that extend above the roofline; freestanding signs, and temporary signs.
(Ord. 2013-22, passed 11-25-2013) Penalty, see § 156.486
§ 156.475 ENFORCEMENT DUTIES.
The Administrative Official referred to herein is hereby authorized and directed to administer and enforce the provisions of this subchapter. This broad responsibility encompasses, but is not limited to, the following specific duties:
(A) To review and pass upon applications for sign, street graphic and billboard permits;
(B) To inspect existing and newly constructed signs, street graphics and billboards to determine compliance with this subchapter, and where there are violations, to initiate appropriate corrective action;
(C) To review and forward to the Zoning Board of Appeals all applications for sign, street graphic and billboard permits, variances, appeals, and amendments;
(D) To maintain up-to-date records of said applications and of any official actions taken pursuant thereto;
(E) To periodically review the provisions of this subchapter to determine whether revisions are needed, and to make recommendations on these matters to the Zoning Board of Appeals;
(F) To provide information to the general public on matters related to this subchapter; and
(G) To perform such other duties as the City Council may from time to time prescribe.
(Ord. 2013-22, passed 11-25-2013)
§ 156.476 PERMITS.
Upon the effective date of this subchapter, no sign, billboard, or other street graphic, except those listed in § 156.459 of this subchapter shall be erected, expanded, altered, relocated, or reconstructed without a street graphic permit issued by the Administrative Official.
(Ord. 2013-22, passed 11-25-2013) Penalty, see § 156.486
§ 156.477 APPLICATION.
Every applicant for a sign, street graphic and billboard permit shall submit on a city supplied form, to the Administrative Official, in narrative and/or graphic form, all the items of information listed below:
(A) Name, address, and telephone number of applicant;
(B) Name and address of the owner of the premises on which the sign, street graphic or billboard is to be erected, if different from division (A) of this section;
(C) Location of the building, structure or lot where the proposed sign, street graphic or billboard is to be erected and the zoning district classification of said premises;
(D) Description of the proposed sign, street graphic or billboard indicating proposed location, dimensions, area, overall height, illumination, and method of support/attachment;
(E) Relationship of the proposed sign, street graphic or billboard to nearby traffic-control devices;
(F) Amount of street frontage that the establishment which proposes to display the sign, street graphic or billboard has, and the total area of all existing signs on said premises; and
(G) Such other information as the Administrative Official shall reasonably require to determine full compliance with this subchapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.478 NONCONFORMITIES.
A nonconforming sign, street graphic or billboard that does not pose an imminent peril to life or property may remain and be maintained by ordinary repairs, subject to § 156.449, but shall not be:
(A) Altered or enlarged in such a way as to increase its nonconformity;
(B) Replaced by another nonconforming sign, street graphic or billboard (provided that changing the message on a changeable copy sign, street graphic or billboard shall not be deemed a violation of this provision);
(C) Relocated unless it is made to conform with this subchapter; or
(D) Reconstructed after incurring damage in an amount exceeding 50% of its market value at the time of loss as determined by the Administrative Official. Any sign, street graphic or billboard that is nonconforming on the effective date of this subchapter or becomes nonconforming because of any amendment to this subchapter shall be allowed to remain in its nonconforming state as long as it exists unaltered, until a date nine years from the adoption of this subchapter, at which time it shall be brought into compliance with this subchapter or removed.
(Ord. 2013-22, passed 11-25-2013)
§ 156.479 CORRECTIVE ACTION.
Whenever the Administrative Official finds, by inspection or otherwise, that any sign, street graphic or billboard is in violation of this subchapter, he shall so notify the responsible party in writing pursuant to § 156.480, and shall order appropriate corrective action. Provided that this notice requirement shall not apply whenever the Administrative Official determines that any sign, street graphic or billboard poses an imminent peril to life or property or whenever such sign, street graphic or billboard is prohibited. In situations where the owner of the sign, street graphic or billboard has not been identified, the Administrative Official may notify the person, business, entity, who benefits from the particular sign, street graphic or billboard (or the person who placed the sign, street graphic or billboard) requesting that appropriate corrective action be taken.
(Ord. 2013-22, passed 11-25-2013)
§ 156.480 CONTENTS OF ORDER.
The order to take corrective action shall be in writing and shall include:
(A) A description of the premises sufficient for identification;
(B) A statement indicating the nature of the violation;
(C) A statement of the remedial action necessary to effect compliance;
(D) Corrective action must be taken 72 hours after receipt of corrective action order;
(E) A statement that the alleged violator is entitled to conference with the Administrative Official if the alleged violator so desires;
(F) The date an appeal to the corrective action order must be filed, and the procedure for filing an appeal; and
(G) A statement that failure to obey a corrective action order shall result in revocation of the sign, street graphic or billboard permit, and may result in remedial action by this municipality and/or the imposition of a fine.
(Ord. 2013-22, passed 11-25-2013)
§ 156.481 SERVICE OF ORDER.
A corrective action order shall be deemed properly served upon the owner of the offending sign, street graphic or billboard if it is either:
(A) Served upon such owner personally; or
(B) Sent by certified mail to the last known address of owner and, when practicable, posted in a conspicuous place on or about the affected premises.
(Ord. 2013-22, passed 11-25-2013)
§ 156.482 VARIANCES.
(A) In order that the spirit of this zoning code may be observed and substantial justice done, the Zoning Board of Appeals shall, upon application or appeal, after conducting a public hearing and upon making a finding of fact, owing to special conditions, find that a literal enforcement of the provisions of this subchapter would result in unnecessary hardship, may vary the conditions of this subchapter.
(B) Variances.
(1) The Zoning Board of Appeals shall hold public hearing on each variance, appeal or special use requested. At the hearing any interested party may appear and testify, either in person or by duly authorized agent or attorney. Proper notice procedures shall be followed.
(2) The Zoning Board of Appeals shall not grant any graphic variance unless, based upon evidence presented to the Board, the Board determines that:
(a) The proposed variance is consistent with the spirit and purpose of this subchapter, and will not cause injury to the area in which the sign, street graphic or billboard is located or be detrimental to the public welfare in any way;
(b) Strict application of the requirements of this subchapter would result in great practical difficulties or hardship to the applicant;
(c) The plight of the applicant is due to peculiar circumstances not of the applicant’s own making;
(d) The proposed variance is the minimum deviation from the requirements that will alleviate the difficulties/hardship while protecting the broader public interest;
(e) The proposed variance will provide a better aesthetically pleasing look; prevent obstruction of view; or match the design, look and layout of other signs, street graphics and billboards (as applicable) located on the same property on which a previous variance was granted.
(Ord. 2013-22, passed 11-25-2013)
§ 156.483 REMEDIAL ACTION.
Whenever the recipient of a corrective action order fails to obey said order within the time limit set forth therein, or in an emergency, the Administrative Official may alter/remove the offending sign, street graphic or billboard, or take any other action necessary to effect compliance with this subchapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.484 REIMBURSEMENT FOR COSTS.
Any expense incurred by the city pursuant to authorized sign, street graphic and billboard remedial action shall be billed by first class mail to the owner of the offending street graphic. If said bill has not been paid within 30 days, the unpaid charge shall constitute a lien upon the real estate where the sign, street graphic or billboard is located. The municipal attorney is hereby authorized to file a notice of lien in the office of the Recorder of Deeds of Massac County, Illinois, to foreclose this lien, and to sue the owner of the real estate, or sign permittee, or their agents, in a civil action to recover the money due for the foregoing services, plus all expenses incurred pursuant to collection efforts including services, plus all expenses incurred pursuant to collection efforts including litigation expenses, plus reasonable attorney’s fees to be fixed by the court.
(Ord. 2013-22, passed 11-25-2013)
§ 156.485 COMPLAINTS.
Whenever any violation of this subchapter occurs, or is alleged to have occurred, any person may file a written complaint on forms provided by the Administrative Official. The Administrative Official shall record such complaints, promptly investigate, and, if he deems necessary, initiate appropriate corrective action.
(Ord. 2013-22, passed 11-25-2013)
§ 156.486 PENALTIES.
(A) Any person who is convicted of a violation of this subchapter shall be fined not less than $50 nor more than $750, plus costs. Each day that a violation continues shall be considered a separate offense.
(B) Nothing contained in this section shall prevent the city from taking any other lawful action that may be necessary to secure compliance with this subchapter.
(Ord. 2013-22, passed 11-25-2013)
§ 156.500 INTENT.
The intent of this subchapter is to require landscaping in development sites, parking lots and transition areas to enhance the aesthetic qualities of the city and to protect and preserve the appearance, character and value of its neighborhoods and businesses by:
(A) Providing for quality and consistency in the design of landscaping and screening;
(B) Providing for the separation of incompatible types of land use;
(C) Providing for the conservation of existing trees and the planting of new trees in pace with the land development process; and
(D) Preserve economic base, property values and identity of the city.
(Ord. 2013-22, passed 11-25-2013)
§ 156.501 LANDSCAPE PLAN; WHEN REQUIRED.
This subchapter sets out the minimum landscaping, buffering and screening requirements within the City of Metropolis. A landscape plan shall be required for the following:
(B) The construction of a new parking lot or the major expansion (more than a 25% increase in parking spaces) of an existing parking lot;
(C) Any development in which landscaping, screening, buffering or tree conservation requirements apply.
(Ord. 2013-22, passed 11-25-2013)
§ 156.502 PROCEDURES.
The review and approval procedures for required landscape plans shall be pursuant to the City’s site plan review requirements of §§ 156.060 through 156.071 and subject to the requirements of this subchapter. The city may require an outside consultant to review any of the submittal requirements in accordance with this subchapter. When deemed necessary the city may require a landscape or forestry study performed by an independent urban forester or landscape architect. All costs associated with these professional services shall be the responsibility of the applicant.
(Ord. 2013-22, passed 11-25-2013)
§ 156.503 LANDSCAPE PLAN; SUBMITTAL REQUIREMENTS.
Landscaping plans shall be prepared by a certified arborist, or landscape architect registered in either the state Illinois or the state of Kentucky. Such landscape plans shall include information and detail as required by the Administrative Official to determine compliance with this section. Such plan shall be submitted to the Building and Zoning Division prior to any grading or removal of existing vegetation that may affect the health of existing tree coverage. All landscape plans, unless otherwise waived by the Administrative Official, shall include, but are not limited, to the following:
(A) Scale at 1 inch = 20 feet to 50 feet;
(B) North reference;
(C) The extent of the development site, including the limits of land disturbance, clearing, grading, and trenching;
(D) The location and size of all utilities on the site;
(E) The location of all existing and proposed parking areas, sidewalks and other paved surfaces;
(F) A detailed drawing of any enclosures or screening methods to be used on the property, including but not limited to, trash storage locations and loading areas;
(G) The location and proposed landscaping of all existing and proposed buildings, structures, trash/dumpster enclosures, signage and all raised medians or islands;
(H) The boundary of any required tree conservation area;
(I) In heavily wooded areas that will not be disturbed, the plan may show only the boundaries of each stand of trees;
(J) A list shall be submitted of the number, size, and type (e.g., hardwood, softwood; deciduous, evergreen) of trees which are submitted for credit toward any requirement of this subchapter;
(K) The boundaries and proposed planting schedule of each required buffer or landscape area;
(L) The location and mature size of all landscape materials proposed to meet the requirements of this chapter, drawn to scale; and a planting schedule indicating plant names (scientific and common), quantities, condition (e.g., “sheared,” “specimen,” “1”), and installation size;
(M) The location, quantity, size and common name of all significant trees to be removed;
(N) Location of all significant trees to remain on the development site and measures taken to protect them during construction; and
(O) The location and construction details, including a profile section, of each structure proposed to meet buffering or screening requirements.
(Ord. 2013-22, passed 11-25-2013)
§ 156.504 RESIDENTIAL LANDSCAPE REQUIREMENTS.
In any new subdivision that includes residential development exceeding two lots, one tree shall be required in the front of each residentially zoned lot.
(Ord. 2013-22, passed 11-25-2013)
§ 156.505 COMMERCIAL DISTRICT LANDSCAPE REQUIREMENTS.
(A) The minimum landscaping requirements shall be one tree and two shrubs per 5,000 square feet of total lot area, except in the central business district no landscaping shall be required.
(B) All portions of the site not covered with paving or buildings shall be landscaped. Open areas not covered with other materials shall be covered with turf or groundcover. Groundcover shall be utilized on all slopes in excess of 25% (1:4).
(C) All parking lots constructed after the date of adoption of this ordinance and having more than one aisle of parking, exclusive of automobile storage and sales lots, shall comply with the following requirements:
(1) Each parking stall shall be within 100 feet from a deciduous shade tree or deciduous shade trees shall be provided within the parking lot at a ratio of at least one tree for every 20 parking spaces, or portion thereof;
(2) Interior landscaped areas shall be situated within the lot so as to be surrounded by parking lot pavement on at least three sides;
(3) Each landscaped area shall be separated from the pavement material by straight-back concrete curbing or by an integral concrete sidewalk and curb with a vertical face of no less than six inches so as to prevent vehicle encroachment and pavement breakup;
(4) Landscaping islands and tree planting areas shall be well drained and contain suitable soil and irrigation characteristics for the planting materials they contain; in ground irrigation systems may be required as determined by the City Council; and
(5) Landscape islands.
(a) Single island: there shall be an island with a minimum landscape width of seven feet and a minimum area of 100 square feet, placed at the end of single row of parking and containing at least one deciduous tree, one shrub and ground cover;
(b) Double island: there shall be a double island of 200 square feet placed at the ends of double row of parking. Two deciduous trees, two shrubs and ground cover are required per double landscape island.
(D) New trees shall have a caliper of no less than two inches measured diameter at breast height (DBH).
(E) A two foot car overhang area shall be provided in any planting area adjacent to parking stalls.
(Ord. 2013-22, passed 11-25-2013)
§ 156.506 SCREENING AND BUFFERING REQUIREMENTS.
(A) In addition to the minimum requirements listed herein, landscaping at least ten feet wide, consisting of a continuous planting of evergreens and deciduous trees, at a minimum of: one two-inch DBH deciduous tree; two, two-inch DBH flowering trees; and eight, four feet tall evergreens, shall be planted for each 100 feet along the property line to separate commercial, industrial or multi-family uses from adjoining single-family residential developments or “R-1-A”, “R-1-B”, “R-1-C” , “R-1-D” and “R-1-E” districts.
(B) For all commercial and industrial uses, sight proof screening shall be provided, not less than six feet in height, along all side and rear property lines which are common to property zoned or used for residential purposes. Such screening shall not extend in front of the building line of adjacent dwellings.
(C) All mechanical equipment mounted on the rooftop of any commercial or industrial use shall be fully screened from public view by an element of the building or by a separate, permanently installed screen harmonizing with the building in material, color, size and shape.
(D) All exterior trash storage containers shall be located so that they are not visible from adjacent streets and properties or screened so as not to be visible from off the property. Enclosures shall have a concrete floor, a solid door and be constructed of brick or split face block or other building material that is complimentary to the principal building. Enclosures shall be constructed large enough to contain the desired trash container and any other such items as waste grease containers, waste oil containers, waste recyclable containers, and the like. The locations, dimensions, elevations and a description of the buildings materials shall be included on any required site plan submittal.
(E) All parking lots containing more than one row of parking shall be screened from public streets and sidewalks, public open spaces, and adjacent properties by complying with one of the following perimeter landscaping options;
(1) The outside perimeter of all parking areas and drive aisles shall include a landscaped area seven feet in width. When a parking lot abuts a public right-of-way, one approved street tree shall be planted every 50 feet on center within the landscaped perimeter adjacent to the right-of way; or
(2) A five foot wide perimeter-landscaped area with ornamental fencing (non-chain link), masonry wall or opaque hedge and an approved street tree planted every 50 feet.
(F) Loading areas shall be oriented away from view of the public right-of-way or adjacent residential uses. When this is not feasible, such areas shall be screened from the public right-of-way or residential areas through landscaping, walls, fences or a combination of these in a manner consistent with the development. Chain link is not an acceptable screening material.
(Ord. 2013-22, passed 11-25-2013)
§ 156.507 PLANT MATERIALS.
The following are the minimum plant sizes and conditions to be used in satisfying the requirements of this chapter:
Table 156.507.1 New Planting Requirements
Small ornamental trees | 6 foot-8 foot height |
Deciduous shade trees | 2 inch caliper |
Evergreen trees | 4 foot-5 foot height |
Medium to large shrubs | 18 inches-24 inches height |
Dwarf to small shrubs | 12 inches-18 inches height |
Ground cover | 2 1/2 inches height |
(Ord. 2013-22, passed 11-25-2013)
§ 156.508 ALTERNATIVE COMPLIANCE.
Upon request by the applicant, the city may consider and approve alternatives to full compliance with the landscaping, screening and buffering standards contained in this subchapter if the associated visual impact is mitigated to the maximum extent feasible by the alternative landscaping and screening plans. Mitigation measures may include, but are not limited to increased setbacks, increased landscaping, additional fencing, and architectural treatments or otherwise camouflaging equipment or, with prior city approval, the planting and maintenance, or payment therefore, of adjacent public way landscaping.
(Ord. 2013-22, passed 11-25-2013)
§ 156.509 INSTALLATION OF MATERIALS.
Landscaping, as required by the provisions of this Section, shall be installed by the date specified on the approved plan. However, the Administrative Official may allow an additional period of up to 12 months if circumstances so require. A screening fence, if required, shall be installed before an occupancy permit is granted.
(A) Tree protection: trees shall be protected from injury to roots, trunks and branches during grading and construction. Protective fencing, tree wells, and/or retaining walls shall be utilized where necessary to insure tree survival upon completion of construction.
(B) Maintenance. The owner, tenant and their agent, if any, shall be jointly responsible for the continuing maintenance of landscaping and screening required by the zoning code. Nothing in these codes shall be construed as prohibiting the redesign and replanting of landscape materials, provided that such replanting conforms to the minimum standards set forth herein.
(C) Obstruction of sight distance at intersections. Where two streets intersect, landscaping and screening materials shall not be placed within the triangular area formed by the public right-of-way lines and a line connecting them at points 30 feet from their point of intersection.
(Ord. 2013-22, passed 11-25-2013)
§ 156.510 TREE PRESERVATION.
(A) Existing significant trees should be preserved to the maximum extent practicable to act as buffers between adjoining developments and as site amenities. For purposes of this Section, “significant” trees mean deciduous trees with at least a 12-inch caliper measured diameter at breast height (DBH), evergreen trees ten feet or more in height, or small hardwoods such as dogwoods, redbuds or sourwoods whose diameters are eight inches DBH or more.
(B) Where preservation is not feasible, trees that are removed shall be replaced on-site or elsewhere in the city. Additionally, existing vegetative cover including native trees, shrubs, forbs, sedges, groundcovers, grasses, and other flora should be preserved to the extent possible during development. Such existing vegetation provides important wildlife habitat, erosion control, and visual buffers within the landscape.
(Ord. 2013-22, passed 11-25-2013)
§ 156.511 TREE REPLACEMENT OR MITIGATION.
If a “significant tree” is removed according to an approved tree preservation plan or is removed or damaged during clearing, grading, or construction, the applicant shall replace the removed or damaged tree as set forth below. Replacement trees shall be the same or similar species to the trees removed or damaged, or alternatively a species approved by the city. The following mitigation options may be utilized in any combination at the city’s discretion:
(A) Replacement on site: for every inch of tree caliper, measured at DBH, removed or damaged, the applicant shall install a replacement tree or trees measuring an equal caliper on site;
(B) Replacement on other sites: if the replacement trees cannot be provided on-site, they may be provided off-site as follows. For every inch of tree caliper, measured at DBH, removed or damaged, the applicant shall install a replacement tree or trees measuring an equal caliper off-site at a location approved by the city;
(C) Contribution to the city’s Tree-Replacement Fund: if tree-replacement on or off-site is not practicable, the applicant may make a monetary contribution to the city that is equal to the value of the tree removed as determined by an independent appraiser retained by the city and paid for by the developer.
(Ord. 2013-22, passed 11-25-2013)
§ 156.512 LANDSCAPE CREDIT.
Any existing trees, on sites that are in appropriate locations and of acceptable quality shall be credited towards fulfillment of any landscaping provisions of this chapter, on a caliper inch per inch basis.
(Ord. 2013-22, passed 11-25-2013)
§ 156.525 PURPOSE AND SCOPE.
(A) Purpose. The purpose of this subchapter is to establish regulations, standards and procedures for the siting and collocation of small wireless facilities on rights-of-way within the city’s jurisdiction, or outside the rights-of-way on property zoned by the city exclusively for commercial or industrial use, in a manner that is consistent with the Act.
(B) Conflicts with other ordinances. This subchapter supersedes all ordinances or parts of ordinances adopted prior hereto that are in conflict herewith, to the extent of such conflict.
(C) Conflicts with state and federal laws. In the event that applicable federal or state laws or regulations conflict with the requirements of this subchapter, the wireless provider shall comply with the requirements of this subchapter to the maximum extent possible without violating federal or state laws or regulations.
(Ord. 2018-25, passed10-22-2018)
§ 156.526 DEFINITIONS.
For the purposes of this subchapter, the following terms shall have the following meanings:
ANTENNA. Communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services.
APPLICABLE CODES. Uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, including the National Electric Safety Code.
APPLICANT. Any person who submits an application and is a wireless provider.
APPLICATION. A request submitted by an applicant to the city for a permit to collocate small wireless facilities, and a request that includes the installation of a new utility pole for such collocation, as well as any applicable fee for the review of such application.
COLLOCATE or COLLOCATION. To install, mount, maintain, modify, operate, or replace wireless facilities on or adjacent to a wireless support structure or utility pole.
COMMUNICATIONS SERVICE. Cable service, as defined in 47 U.S.C. 522(6), as amended; information service, as defined in 47 U.S.C. 153(24), as amended; telecommunications service, as defined in 47 U.S.C. 153(53), as amended; mobile service, as defined in 47 U.S.C. 153(53), as amended; or wireless service other than mobile service.
COMMUNICATIONS SERVICE PROVIDER. A cable operator, as defined in 47 U.S.C. 522(5), as amended; a provider of information service, as defined in 47 U.S.C. 153(24), as amended; a telecommunications carrier, as defined in 47 U.S.C. 153(51), as amended; or a wireless provider.
FCC. The Federal Communications Commission of the United States.
FEE. A one-time charge.
HISTORIC DISTRICT or HISTORIC LANDMARK. A building, property, or site, or group of buildings, properties, or sites that are either (i) listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VI.D.1.a.i. through Section VI.D.1.a.v. of the Nationwide Programmatic Agreement codified at 47 CFR Part 1, Appendix C; or (ii) designated as a locally landmarked building, property, site, or historic district by an ordinance adopted by the city pursuant to a preservation program that meets the requirements
of the Certified Local Government Program of the Illinois State Historic Preservation Office or where such certification of the preservation program by the Illinois State Historic Preservation Office is pending.
LAW. A federal or state statute, common law, code, rule, regulation, order, or local ordinance or resolution.
MICRO WIRELESS FACILITY. A small wireless facility that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height and that has an exterior antenna, if any, no longer than 11 inches.
MUNICIPAL UTILITY POLE. A utility pole owned or operated by the city in public rights-of-way.
PERMIT. A written authorization required by the city to perform an action or initiate, continue, or complete a project.
PERSON. An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization.
PUBLIC SAFETY AGENCY. The functional division of the federal government, the state, a unit of local government, or a special purpose district located in whole or in part within this state, that provides or has authority to provide firefighting, police, ambulance, medical, or other emergency services to respond to and manage emergency incidents.
RATE. A recurring charge.
RIGHT-OF-WAY. The area on, below, or above a public roadway, highway, street, public sidewalk, alley, or utility easement dedicated for compatible use.
RIGHT-OF-WAY does not include city-owned aerial lines.
SMALL WIRELESS FACILITY. A wireless facility that meets both of the following qualifications: (i) each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and
all of its exposed elements could fit within an imaginary enclosure of no more than six cubic feet; and (ii) all other wireless equipment attached directly to a utility pole associated with the facility is cumulatively no more than 25 cubic feet in volume. The following types of associated ancillary equipment are not included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, ground-based enclosures, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs for the connection of power and other services.
UTILITY POLE. A pole or similar structure that is used in whole or in part by a communications service provider or for electric distribution, lighting, traffic control, or a similar function.
WIRELESS FACILITY. Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including: (i) equipment associated with wireless communications; and (ii) radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. WIRELESS FACILITY includes small wireless facilities. WIRELESS FACILITY does not include: (i) the structure or improvements on, under, or within which the equipment is collocated; or (ii) wireline backhaul facilities, coaxial or fiber optic cable that is between wireless support structures or utility poles or coaxial, or fiber optic cable that is otherwise not immediately adjacent to or directly associated with an antenna.
WIRELESS INFRASTRUCTURE PROVIDER. Any person authorized to provide telecommunications service in the state that builds or installs wireless communication transmission equipment, wireless facilities, wireless support structures, or utility poles and that is not a wireless services provider but is acting as an agent or a contractor for a wireless services provider for the application submitted to the city.
WIRELESS PROVIDER. A wireless infrastructure provider or a wireless services provider.
WIRELESS SERVICES. Any services provided to the general public, including a particular class of customers, and made available on a nondiscriminatory basis using licensed or unlicensed spectrum, whether at a fixed location or mobile, provided using wireless facilities.
WIRELESS SERVICES PROVIDER. A person who provides wireless services.
WIRELESS SUPPORT STRUCTURE. A freestanding structure, such as a monopole; tower, either guyed or self-supporting; billboard; or other existing or proposed structure designed to support or capable of supporting wireless facilities. WIRELESS SUPPORT STRUCTURE does not include a utility pole.
(Ord. 2018-25, passed10-22-2018)
§ 156.527 REGULATION OF SMALL WIRELESS FACILITIES.
(A) Permitted use. Small wireless facilities shall be classified as permitted uses and subject to administrative review, except as provided in division (C)(9) of this section regarding height exceptions or Variances, but not subject to zoning review or approval if they are collocated (i) in rights-of-way in any zoning district, or (ii) outside rights-of-way in property zoned exclusively for commercial or industrial use.
(B) Permit required. An applicant shall obtain one or more permits from the city to collocate a small wireless facility. An application shall be received and processed, and permits issued shall be subject to the following conditions and requirements:
(1) Application requirements. A wireless provider shall provide the following information to the city, together with the city’s small cell facilities permit application, as a condition of any permit application to collocate small wireless facilities on a utility pole or wireless support structure:
(a) Site specific structural integrity and, for a municipal utility pole, make-ready analysis prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989;
(b) The location where each proposed small wireless facility or utility pole would be installed and photographs of the location and its immediate surroundings depicting the utility poles or structures on which each proposed small wireless facility would be mounted or location where utility poles or structures would be installed. This should include a depiction of the completed facility;
(c) Specifications and drawings prepared by a structural engineer, as that term is defined in Section 4 of the Structural Engineering Practice Act of 1989, for each proposed small wireless facility covered by the application as it is proposed to be installed;
(d) The equipment type and model numbers for the antennas and all other wireless equipment associated with the small wireless facility;
(e) A proposed schedule for the installation and completion of each small wireless facility covered by the application, if approved; and
(f) Certification that the collocation complies with the collocation requirements and conditions contained herein, to the best of the applicant’s knowledge.
(g) In the event that the proposed small wireless facility is to be attached to an existing pole owned by an entity other than the city, the wireless provider shall provide legally competent evidence of the consent of the owner of such pole to the proposed collocation.
(2) Application process. The city shall process applications as follows:
(a) The first completed application shall have priority over applications received by
different applicants for collocation on the same utility pole or wireless support structure.
(b) 1. An application to collocate a small wireless facility on an existing utility pole or wireless support structure, or replacement of an existing utility pole or wireless support structure shall be processed on a nondiscriminatory basis and shall be deemed approved if the city fails to approve or deny the application within 90 days after the submission of a completed application.
2. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the city in writing of its intention to invoke the deemed approved remedy no sooner than 75 days after the submission of a completed application.
3. The permit shall be deemed approved on the latter of the 90th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the city. The receipt of the deemed approved notice shall not preclude the city’s denial of the permit request within the time limits as provided under this subchapter.
(c) 1. An application to collocate a small wireless facility that includes the installation of a new utility pole shall be processed on a nondiscriminatory basis and deemed approved if the city faits to approve or deny the application within 120 days after the submission of a completed application.
2. However, if an applicant intends to proceed with the permitted activity on a deemed approved basis, the applicant shall notify the city in writing of its intention to invoke the deemed approved remedy no sooner than 105 days after the submission of a completed application.
3. The permit shall be deemed approved on the latter of the 120th day after submission of the complete application or the 10th day after the receipt of the deemed approved notice by the city. The receipt of the deemed approved notice shall not preclude the city’s denial of the permit request within the time limits as provided under this subchapter.
(d) 1. The city shall deny an application which does not meet the requirements of this subchapter.
2. If the city determines that applicable codes, ordinances or regulations that concern public safety, or the collocation requirements and conditions contained herein require that the utility pole or wireless support structure be replaced before the requested collocation, approval shall be conditioned on the replacement of the utility pole or wireless support structure at the cost of the provider.
3. The city shall document the basis for a denial, including the specific code provisions or application conditions on which the denial is based, and send the documentation to the applicant on or before the day the city denies an application.
4. The applicant may cure the deficiencies identified by the city and resubmit the revised application once within 30 days after notice of denial is sent to the applicant without paying an additional application fee. The city shall approve or deny the revised application within 30 days after the applicant resubmits the application or it is deemed approved. Failure to resubmit the revised application within 30 days of denial shall require the application to submit a new application with applicable fees, and recommencement of the city’s review period.
5. The applicant must notify the city in writing of its intention to proceed with the permitted activity on a deemed approved basis, which may be submitted with the revised application.
6. Any review of a revised application shall be limited to the deficiencies cited in the denial. However, this revised application does not apply if the cure requires the review of a new location, new or different structure to be collocated upon, new antennas, or other wireless equipment associated with the small wireless facility.
(e) Pole attachment agreement. Within 30 days after an approved permit to collocate a small wireless facility on a municipal utility pole, the city and the applicant shall enter into a master pole attachment agreement, provided by the city for the initial collocation on a municipal utility pole by the application. For subsequent approved permits to collocate on a small wireless facility on a municipal utility pole, the city and the applicant shall enter into a license supplement of the master pole attachment agreement.
(3) Completeness of application.
(a) Within 30 days after receiving an application, the city shall determine whether the application is complete and notify the applicant. If an application is incomplete, the city must specifically identify the missing information. An application shall be deemed complete if the city fails to provide notification to the applicant within 30 days after all documents, information and fees specifically enumerated in the city’s permit application form are submitted by the applicant to the city.
(b) Processing deadlines are tolled from the time the city sends the notice of incompleteness to the time the applicant provides the missing information.
(4) Tolling. The time period for applications may be further tolled by:
(a) An express written agreement by both the applicant and the city; or
(b) A local, state or federal disaster declaration or similar emergency that causes the delay.
(5) Consolidated applications.
(a) An applicant seeking to collocate small wireless facilities within the jurisdiction of the city shall be allowed, at the applicant’s discretion, to file a consolidated application and receive a single permit for the collocation of up to 25 small wireless facilities if the collocations each involve substantially the same type of small wireless facility and substantially the same type of structure.
(b) If an application includes multiple small wireless facilities, the city may remove small wireless facility collocations from the application and treat separately small wireless facility collocations for which incomplete information has been provided or that do not qualify for consolidated treatment or that are denied. The City may issue separate permits for each collocation that is approved in a consolidated application.
(6) Duration of permits.
(a) The duration of a permit shall be for a period of not less than five years, and the permit shall be renewed for equivalent durations unless the city makes a finding that the small wireless facilities or the new or modified utility pole do not comply with the applicable city codes or any provision, condition or requirement contained in this subchapter.
(b) If the Act is repealed as provided in Section 90 therein, renewals of permits shall be subject to the applicable city code provisions or regulations in effect at the time of renewal.
(7) Means of submitting applications. Applicants shall submit applications, supporting information and notices to the city by personal delivery at the city’s designated place of business, by regular mail postmarked on the date due or by any other commonly used means, including electronic mail.
(C) Collocation requirements and conditions.
(1) Public safety space reservation. The city may reserve space on municipal utility poles for future public safety uses, for the city’s electric utility uses, or both, but a reservation of space may not preclude the collocation of a small wireless facility unless the city reasonably determines that the municipal utility pole cannot accommodate both uses.
(2) Installation and maintenance. The wireless provider shall install, maintain, repair and modify its small wireless facilities in safe condition and good repair and in compliance with the requirements and conditions of this subchapter. The wireless provider shall ensure that its employees, agents or contracts that perform work in connection with its small wireless facilities are adequately trained and skilled in accordance with all applicable industry and governmental standards and regulations.
(3) No interference with public safety communication frequencies.
(a) The wireless provider’s operation of the small wireless facilities shall not interfere with the frequencies used by a public safety agency for public safety communications.
(b) A wireless provider shall install small wireless facilities of the type and frequency that will not cause unacceptable interference with a public safety agency’s communications equipment.
(c) Unacceptable interference will be determined by and measured in accordance with industry standards and the FCC’s regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by a public safety agency.
(d) If a small wireless facility causes such interference, and the wireless provider has been given written notice of the interference by the public safety agency, the wireless provider, at its own expense, shall remedy the interference in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.
(e) The city may terminate a permit for a small wireless facility based on such interference if the wireless provider is not in compliance with the Code of Federal Regulations cited in the previous paragraph. Failure to remedy the interference as required herein shall constitute a public nuisance.
(4) (a) The wireless provider shall not collocate small wireless facilities on city utility poles that are part of an electric distribution or transmission system within the communication worker safety zone of the pole or the electric supply zone of the pole.
(b) However, the antenna and support equipment of the small wireless facility may be located in the communications space on the city utility pole and on the top of the pole, if not otherwise unavailable, if the wireless provider complies with applicable codes for work involving the top of the pole.
(c) For purposes of this subparagraph, the terms “communications space”, “communication worker safety zone”, and “electric supply zone” have the meanings given to those terms in the National Electric Safety Code as published by the Institute of Electrical and Electronics Engineers.
(5) The wireless provider shall comply with all applicable codes and local code provisions or regulations that concern public safety.
(6) The wireless provider shall comply with written design standards that are generally applicable for decorative utility poles, or reasonable stealth, concealment and aesthetic requirements that are set forth in a city ordinance, written policy adopted by the city, a comprehensive plan or other written design plan that applies to other occupiers of the rights-of-way, including on a historic landmark or in a historic district.
(7) Alternate placements.
(a) Except as provided in this collocation requirements and conditions section, a wireless provider shall not be required to collocate small wireless facilities on any specific utility pole, or category of utility poles, or be required to collocate multiple antenna systems on a single utility pole. However, with respect to an application for the collocation of a small wireless facility associated with a new utility pole, the city may propose that the small wireless facility be collocated on an existing utility pole or existing wireless support structure within 100 feet of the proposed collocation, which the applicant shall accept if it has the right to use the alternate structure on reasonable terms and conditions, and the alternate location and structure does not impose technical limits or additional material costs as determined by the applicant.
(b) If the applicant refuses a collocation proposed by the city, the applicant shall provide written certification describing the property rights, technical limits or material cost reasons the alternate location does not satisfy the criteria in this paragraph.
(8) Height limitations.
(a) The maximum height of a small wireless facility shall be no more than ten feet above the utility pole or wireless support structure on which the small wireless facility is collocated.
(b) New or replacement utility poles or wireless support structures on which small wireless facilities are collocated may not exceed the higher of:
1. Ten feet in height above the tallest existing utility pole, other than a utility pole supporting only wireless facilities, that is in place on the date the application is submitted to the city, that is located within 300 feet of the new or replacement utility pole or wireless support structure and that is in the same right-of-way within the jurisdictional boundary of the city, provided the city may designate which intersecting right-of-way within 300 feet of the proposed utility pole or wireless support structures shall control the height limitation for such facility; or
2. Forty-five (45) feet above ground level.
(9) Height exceptions or variances. If an applicant proposes a height for a new or replacement pole in excess of the above height limitations on which the small wireless facility is proposed for collocation, the applicant shall apply for a variance in conformance with procedures, terms and conditions set forth in Chapter 156, Zoning, of the Code of Metropolis.
(10) Contractual design requirements. The wireless provider shall comply with requirements that are imposed by a contract between the City and a private property owner that concern design or construction standards applicable to utility poles and ground-mounted equipment located in the right-of-way.
(11) Ground-mounted equipment spacing. The wireless provider shall comply with applicable spacing requirements in applicable codes and ordinances concerning the location of ground-mounted equipment located in the right-of-way if the requirements include a waiver, zoning or other process that addresses wireless provider requests for exception or variance and do not prohibit granting of such exceptions or variances.
(12) Undergrounding regulations. The wireless provider shall comply with local code provisions or regulations concerning undergrounding requirements that prohibit the installation of new or the modification of existing utility poles in a right-of-way without prior approval if the requirements include a waiver, zoning or other process that addresses requests to install such new utility poles or modify such existing utility poles and do not prohibit the replacement of utility poles.
(13) Collocation completion deadline. Collocation for which a permit is granted shall be completed within 180 days after issuance of the permit, unless the city and the wireless provider agree to extend this period or a delay is caused by make-ready work for a municipal utility pole or by the lack of commercial power or backhaul availability at the site, provided the wireless provider has made a timely request within 60 days after the issuance of the permit for commercial power or backhaul services, and the additional time to complete installation does not exceed 360 days after issuance of the permit. Otherwise, the permit shall be void unless the city grants an extension in writing to the applicant.
(D) Application fees. Application fees are imposed as follows:
(1) Applicant shall pay an application fee of $650 for an application to collocate a single small wireless facility on an existing utility pole or wireless support structure, and $350 for each small wireless facility addressed in a consolidated application to collocate more than one small wireless facility on existing utility poles or wireless support structures.
(2) Applicant shall pay an application fee of $1,000 for each small wireless facility addressed in an application that includes the installation of a new utility pole for such collocation.
(3) Notwithstanding any contrary provision of State law or local ordinance, applications pursuant to this Section shall be accompanied by the required application fee. Application fees shall be non-refundable.
(4) The city shall not require an application, approval or permit, or require any fees or other charges, from a communications service provider authorized to occupy the rights-of-way, for:
(a) Routine maintenance;
(b) The replacement of wireless facilities with wireless facilities that are substantially similar, the same size, or smaller if the wireless provider notifies the city at least ten days prior to the planned replacement and includes equipment specifications for the replacement of equipment consistent with division (B)(1)(d) of this section; or
(c) The installation, placement, maintenance, operation or replacement of micro wireless facilities suspended on cables that are strung between existing utility poles in compliance with applicable safety codes.
(5) Wireless providers shall secure a permit from the City to work within rights-of-way for activities that affect traffic patterns or require lane closures.
(E) Exceptions to applicability. Nothing in this subchapter authorizes a person to collocate small wireless facilities on:
(1) Property owned by a private party or property owned or controlled by the city or another unit of local government that is not located within rights-of-way, or a privately owned utility pole or wireless support structure without the consent of the property owner;
(2) Property owned, leased, or controlled by a park district, forest preserve district, or conservation district for public park, recreation or conservation purposes without the consent of the affected district, excluding the placement of facilities on rights-of-way located in an affected district that are under the jurisdiction and control of a different unit of local government as provided by the Illinois Highway Code; or
(3) (a) Property owned by a rail carrier registered under § 18c-7201 of the Illinois Vehicle Code (ILCS Ch. 625, Act 5, § 18c-7201), Metra Commuter Rail or any other public commuter rail service, or an electric utility as defined in § 16-102 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 16-102), without the consent of the rail carrier, public commuter rail service, or electric utility. The provisions of this subchapter do not apply to an electric or gas public utility or such utility’s wireless facilities if the facilities are being used, developed and maintained consistent with the provisions of subsection (i) of § 16-108.5 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 16-108.5(i)).
(b) For the purposes of this subsection, “public utility” has the meaning given to that term in § 3-105 of the Public Utilities Act (ILCS Ch. 220, Act 5, § 3-105). Nothing in this subchapter shall be construed to relieve any person from any requirement (a) to obtain a franchise or a state-issued authorization to offer cable service or video service or (b) to obtain any required permission to install, place, maintain, or operate communications facilities, other than small wireless facilities subject to this subchapter.
(F) Pre-existing agreements.
(1) Existing agreements between the city and wireless providers that relate to the collocation of small wireless facilities in the right-of-way, including the collocation of small wireless facilities on city utility poles, that were in effect on October , 2018, remain in effect for all small wireless facilities collocated on the city’s utility poles pursuant to applications submitted to the city before October, 2018, subject to applicable termination provisions contained therein. Agreements entered into after October , 2018, shall comply with this subchapter.
(2) A wireless provider that has an existing agreement with the city on the effective date of the Act may accept the rates, fees and terms that the city makes available under this subchapter for the collocation of small wireless facilities or the installation of new utility poles for the collocation of small wireless facilities that are the subject of an application submitted two or more years after the effective date of the Act by notifying the city that it opts to accept such rates, fees and terms. The existing agreement remains in effect, subject to applicable termination provisions, for the small wireless facilities the wireless provider has collocated on the city’s utility poles pursuant to applications submitted to the city before the wireless provider provides such notice and exercises its option under this paragraph.
(G) Annual recurring rate.
(1) A wireless provider shall pay to the city an annual recurring rate to collocate a small wireless facility on a city utility pole located in a right-of-way that equals (i) $200 per year or (ii) the actual, direct and reasonable costs related to the wireless provider’s use of space on the city utility pole.
(2) If the city has not billed the wireless provider actual and direct costs, the fee shall be $200 payable on the first day after the first annual anniversary of the issuance of the permit or notice of intent to collocate, and on each annual anniversary date thereafter.
(H) Abandonment.
(1) A small wireless facility that is not operated for a continuous period of 12 months shall be considered abandoned. The owner of the facility shall remove the small wireless facility within 90 days after receipt of written notice from the city notifying the wireless provider of the abandonment.
(2) The notice shall be sent by certified or registered mail, return receipt requested, by the city to the owner at the last known address of the wireless provider. If the small wireless facility is not removed within 90 days of such notice, the city may remove or cause the removal of such facility pursuant to the terms of its pole attachment agreement for municipal utility poles or through whatever actions are provided for abatement of nuisances or by other law for removal and cost recovery.
(3) A wireless provider shall provide written notice to the city if it sells or transfers small wireless facilities within the jurisdiction of the city. Such notice shall include the name and contact information of the new wireless provider.
(Ord. 2018-25, passed10-22-2018)
§ 156.528 DISPUTE RESOLUTION.
The Circuit Court of Massac County shall have exclusive jurisdiction to resolve all disputes arising under the Small Wireless Facilities Deployment Act. Pending resolution of a dispute concerning rates for collocation of small wireless facilities on municipal utility poles within the right-of-way, the city shall allow the collocating person to collocate on its poles at annual rates of no more than $200 per year per municipal utility pole, with rates to be determined upon final resolution of the dispute.
(Ord. 2018-25, passed10-22-2018)
§ 156.529 INDEMNIFICATION.
A wireless provider shall indemnify and hold the city harmless against any and all liability or loss from personal injury or property damage resulting from or arising out of, in whole or in part, the use or occupancy of the city improvements or right-of-way associated with such improvements by the wireless provider or its employees, agents, or contractors arising out of the rights and privileges granted under this subchapter and the Act. A wireless provider has no obligation to indemnify or hold harmless against any liabilities and losses as may be due to or caused by the sole negligence of the city or its employees or agents. A wireless provider shall further waive any claims that they may have against the city with respect to consequential, incidental, or special damages, however caused, based on the theory of liability.
(Ord. 2018-25, passed10-22-2018)
§ 156.530 INSURANCE.
(A) The wireless provider shall carry, at the wireless provider’s own cost and expense, the following insurance:
(1) Property insurance for its property’s replacement cost against all risks;
(2) Workers’ compensation insurance, as required by law; or
(3) Commercial general liability insurance with respect to its activities on the city improvements or rights-of-way to afford minimum protection limits consistent with its requirements of other users of city improvements or rights-of-way, including coverage for bodily injury and property damage.
(B) The wireless provider shall include the city as an additional insured on the commercial general liability policy and provide certification and documentation of inclusion of the city in a commercial general liability policy prior to the collocation of any wireless facility.
(C) A wireless provider may self-insure all or a portion of the insurance coverage and limit requirement required by the city. A wireless provider that self-insures is not required, to the extent of the self-insurance, to comply with the requirement for the name of additional insureds under this section. A wireless provider that elects to self-insure shall provide to the city evidence sufficient to demonstrate its financial ability to self-insure the insurance coverage limits required by the city.
(Ord. 2018-25, passed10-22-2018)
§ 156.531 PURPOSE AND APPLICABILITY.
It is the intent and purpose of this subchapter to provide regulations regarding the cultivation processing and dispensing of adult-use cannabis occurring within the corporate limits of the city. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act) as it may be amended from time-to-time, and regulations promulgated thereunder and the regulations provided below. In the event that the Act is amended the more restrictive of the state or local regulations shall apply.
(Ord. 2019-28, passed 12-23-2019)
§ 156.532 PERMITTED USES.
§ 156.533 ADULT-USE CANNABIS FACILITY COMPONENTS.
In determining compliance with this subchapter, the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:
(A) Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.
(B) Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.
(C) Hours of operation and anticipated number of customers/employees.
(E) Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
(F) Site design, including access points and internal site circulation.
(G) Proposed signage plan.
(I) Other criteria determined to be necessary to assess compliance with § 156.372.
(Ord. 2019-28, passed 12-23-2019)
§ 156.534 ADULT-USE CANNABIS CRAFT GROWER.
In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:
(A) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers vocational/trade centers, community colleges and adult education centers or other post-secondary education centers either public or private shall not be classified as a public or private school for purposes of this section.
(B) Facility may not be located within 150 feet of the property line of a pre-existing property zoned or used for residential purposes.
(C) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(D) For purposes of determining required parking, adult-use cannabis craft grower shall be classified as "all commercial, professional, governmental and service uses unless specifically indicated otherwise" per Table 156.387.1, provided, however that the city may require that additional parking be provided as a result of the analysis completed through § 156.063 herein.
(Ord. 2019-28, passed 12-23-2019)
§ 156.535 ADULT-USE CANNABIS CULTIVATION CENTER.
In those zoning districts in which an adult-use cannabis cultivation center may be located the proposed facility must comply with the following:
(A) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers, vocational/trade centers, community colleges and adult education centers or other post-secondary education centers either public or private shall not be classified as a public or private school for purposes of this section.
(B) Facility may not be located within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
(C) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(D) For purposes of determining required parking, adult-use cannabis cultivation center shall be classified as "wholesale, manufacturing, warehousing or other industrial use" per Table 156.387.1, provided however that the city may require that additional parking be provided as a result of the analysis completed through § 156.063.
(Ord. 2019-28, passed 12-23-2019)
§ 156.536 ADULT-USE CANNABIS DISPENSING ORGANIZATION.
In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:
(A) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Leaning centers vocational/trade centers community colleges and adult education centers or other post-secondary education centers either public or private shall not be classified as a public or private school for purposes of this section.
(B) Facility may not be located in a dwelling unit or within 150 feet of the property line of a pre-existing property zoned or used for residential purposes.
(C) At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell for consumption on the premises other than as authorized in division (E) below in the same tenant space.
(D) Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(E) On-site consumption of adult-use cannabis at or within a dispensing organization is prohibited.
(F) For purposes of determining required parking, adult-use cannabis dispensing organization shall be classified as "all commercial, professional, governmental and service uses, unless specifically indicated otherwise" per Table 156.387.1, provided, however that the city may require that additional parking be provided as a result of the analysis completed through § 156.063 herein.
(G) There shall be at no time more than four adult-use cannabis dispensing organizations, either standalone or in combination with adult-use cannabis craft grower and adult-use cannabis infuser permitted within the jurisdiction of the city.
(Ord. 2019-28, passed 12-23-2019)
§ 156.537 ADULT-USE CANNABIS INFUSER ORGANIZATION.
In those zoning districts in which an adult-use cannabis infuser organization may be located the proposed facility must comply with the following:
(A) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers, vocational/trade centers, community colleges and adult education centers or other post-secondary education centers either public or private shall not be classified as a public or private school for purposes of this section.
(B) Facility may not be located in a dwelling unit or within 150 feet of the property line of a pre-existing property zoned or used for residential purposes.
(C) At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(D) For purposes of determining required parking, adult-use cannabis infuser organization shall be classified as "all commercial, professional, governmental, and service uses unless specifically indicated otherwise" per Table 156.387.1, provided, however, that the city may require that additional parking, be provided as a result of the analysis completed through § 156.063 herein.
(Ord. 2019-28, passed 12-23-2019)
§ 156.538 ADULT-USE CANNABIS PROCESSING ORGANIZATION.
In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:
(A) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers, vocational/trade centers, community colleges and adult education centers or other post-secondary education centers either public or private shall not be classified as a public or private school for purposes of this section.
(B) Facility may not be located in a dwelling unit or within 150 feet of the property line of a pre-existing property zoned or used for residential purposes.
(C) At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
(D) For purposes of determining required parking, adult-use cannabis processing organization shall be classified as "wholesale manufacturing warehousing or other industrial use" per Table 156.387.1, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 156.063 herein.
(Ord. 2019-28, passed 12-23-2019)
§ 156.539 ADULT-USE CANNABIS TRANSPORTING ORGANIZATION.
In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:
(A) Facility may not be located within 500 feet of the property line of a pre-existing public or private nursery school, preschool primary or secondary school day care center, day care home or residential care home. Learning centers, vocational/trade centers, community colleges and adult education centers or other post-secondary education centers either public or private shall not be classified as a public or private school for purposes of this section.
(B) Facility may not be located in a dwelling unit or within 150 feet of the property line of a pre-existing property zoned or used for residential purposes.
(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 Act.
(D) For purposes of determining required parking adult-use cannabis transporting organization shall be classified as "wholesale manufacturing warehousing or other industrial use" per Table 156.387.1, provided, however, that the city may require that additional parking be provided as a result of the analysis completed through § 156.063 herein.
(Ord. 2019-28, passed 12-23-2019)
§ 156.540 ADDITIONAL REQUIREMENTS.
Petitioner shall install building enhancements, such as security cameras lighting or other improvements, as set forth in the conditional use permit to ensure the safety of employees and customers of the adult-use cannabis business establishments as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located consistent with the requirements of the Act.
(Ord. 2019-28, passed 12-23-2019)
§ 156.541 CO-LOCATION OF CANNABIS BUSINESS ESTABLISHMENTS.
The city may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the criteria within the City of Metropolis Municipal Code. In a co-location, the floor space requirements of §§ 156.536(C) and 156.537(C) shall not apply but the co-located establishments shall be the sole use of the tenant space.
(Ord. 2019-28, passed 12-23-2019)