Moline City Zoning Code

   The area located within the jurisdiction of this Code (See Sec. 35-1109) is hereby divided into zoning districts of such number and community character as are necessary to achieve compatibility of land uses within each district, to implement the officially adopted City of Moline Comprehensive Plan, and to achieve the other purposes of this Code (See Sec. 35-1104).

   For the purpose of this Code, all areas within the jurisdiction of this Code are hereby divided into the following standard zoning categories, and standard zoning districts. The categories are listed in increasing order of intensity. Likewise, the districts within the categories are also listed in increasing order of intensity.

   (1)   RESIDENTIAL DISTRICTS:

      a.   “R-2” One-Family Residence District

      b.   “R-4” One to Six Family Dwelling District

      c.   “R-6” Multi-Family Residence District

      d.   “R-7” Mobile Home/Park District

   (2)   RESOURCE DISTRICTS:

      a.   “C-2” Conservation District

      b.   “AG-2” General Agricultural District

   (3)   NON-RESIDENTIAL/RESOURCE DISTRICTS:

      a.   Office Districts:

         1.   “O-1” Office District

         2.   “ORT” Office/Research Park and Technology District

      b.   Business Districts:

         1.   “B-1” Neighborhood Business District

         2.   “NC” Neighborhood Center District

         3.   “B-2” Central Business District

         4.   “B-3” Community Business District

         5.   “B-4” Highway/Intensive Business District

      c.   Industrial Districts:

   Standard zoning districts established by this Code are shown on the Official Zoning Map of the City of Moline, which together with all explanatory materials thereon, is hereby made part of this Code.

   The Official Zoning Map shall be published in pamphlet form in the City Clerk’s office on or before March 31 of each year. No prosecution or other legal action may be maintained by the City for a violation of the Zoning and Land Development Code under a change to said Official Zoning Map after March 31 of the year following said change unless or until the publication requirement contained herein has been met. If in any calendar year there are no changes in zoning uses, divisions, restrictions, regulations and classifications within the City, publication shall not be necessary for that calendar year.

   The following rules shall be used to determine the precise location of any zoning district boundary shown on the Official Zoning Map of the City of Moline:

   (1)   Zoning district boundaries shown as following or approximately following the limits of any City, Township or County boundary shall be construed as following such limits;

   (2)   Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the centerline of such streets or railroad lines;

   (3)   Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on the Rock Island County Supervisor’s Assessment Maps (“tax maps”) shall be construed as following such lines;

   (4)   Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the channel centerlines of such watercourses, and, in the event of a natural change in the location of such streams, rivers, or other watercourses, the zoning district boundary shall be construed as moving with the channel centerline;

   (5)   Zoning district boundaries shown as following or approximately following ridgelines or watershed boundaries shall be construed as following such lines; and

   (6)   Zoning district boundaries shown as separated from any of the features listed in paragraphs (1) through (5) above shall be construed to be at such distances therefrom as are shown on the Official Zoning Map. Where any uncertainty exists as to the exact location of a zoning district boundary line, as shown on the Official Zoning Map, the location of the line shall be determined by the zoning administrator.

   Submerged land heretofore reclaimed, or which may be reclaimed hereafter, and which is not shown on the Official Zoning Map, shall be classified as the zoning district of the land immediately adjacent thereto. Land heretofore annexed or which may be annexed to the City of Moline hereafter, and which is vacant or used for agriculture and is not shown on the Official Zoning Map, shall be classified as AG-2, General Agriculture District (see Sec. 35-3210); and land which is used for residential and is not shown on the Official Zoning Map shall be classified as R-2, One-Family Residential District.

   The following terms and symbols are used on the principle and major accessory structure bulk standards Tables 35-3201.1, 35-3201.2 and 35-3301.1 contained in this Code. Unless otherwise noted, dimensions are measured in feet and areas are measured in square feet. The following provides summary definitions of those terms. For complete definitions of each term, please consult Article I, Division 2 of this Code.

   (1)   ALL ZONING DISTRICTS.

      a.   Minimum Lot Dimensions: Lot Area – Lot size for newly created lots.

      b.   Minimum Lot Dimensions: Width – Width at the front building line of a lot.

      c.   Minimum Lot Dimensions: Street Frontage – Lot width adjacent to a street.

      d.   Minimum Yard Setback: Front – Distance between street right-of-way and structure.

      e.   Minimum Yard Setback: Least Side – Distance between side property line and    structure.

      f.   Minimum Yard Setback: Sum Side – Combined distance between side property line    and structure on both sides.

      g.   Minimum Yard Setback: Rear – Distance between rear property line and structure.

      h.   Maximum Building Height - Height of structure measured in feet and stories.

      i.   Minimum On-Site Building Separation - Minimum distance between the principal    structure and major accessory structures, and between major accessory structures on the    same lot.

      j.   Maximum Building Coverage - Gross ground floor area of all buildings measured as a    percentage of total lot area.

   (2)   RESIDENTIAL AND RESOURCE DISTRICTS.

      a.   Minimum Lot Dimensions: Area Per Unit – Area of land required for each dwelling    unit located on the lot.

      b.   Maximum Floor Area Ratio – Ration of gross floor area of a building to the size of the    lot. In Residential and Resource Districts, applies only to non-residential uses.

      c.   Minimum Landscape Surface Ratio: Front Setback – Ratio of landscaped area    required within the front yard setback to the total area of the front yard setback.   Landscape area includes walkways but excludes patios, decks, driveways and other paved    surfaces.

   (3)   NON-RESIDENTIAL DISTRICTS.

      a.   Maximum Building Size – Total Gross floor area of the principle structure permitted    without special use approval. May be measured in square feet or as a floor area ratio.

      b.   Minimum Landscape Surface Area Ratio – Ratio of landscaped area to the total lot    area.

   (4)   SYMBOLS. The following symbols are used on the bulk standard tables in all zoning districts:

      a.   Shading – Bulk Standards not included in ILQC Unified Zoning Code.

      b.   Bold – Bulk Standards that are different than those in the ILQC Unified Zoning Code.

   The following terms are used on the Minor Accessory Structures and Obstruction Permitted in Required Yard Setback Tables 35-3201.3. and 35-3301.2. for all zoning districts. The following provides summary definitions for these terms. For complete definitions of each term, please consult Article I, Division 2 of this Code.

   (1)   TERMS.

      a.   All Yards – Principal structure front, side and rear yard setbacks.

      b.   Front Yard – Principal structure front yard setback.

      c.   Side Yard – Principal structure side yard setback.

      d.   Rear Yard – Principal structure rear yard setback.

      e.   Limitations – Limitations on size and location of structures within setbacks.

   (a)   MINIMUM FRONT YARD SETBACK . The following Minimum Setbacks shall be applied to lots of record created prior to 1991 that do not meet all of the Bulk Standards for Minimum Lot Dimension contained in Table 35-3201.1 or Table 35-3301.1:

   (1)   Minimum corner lot side street setback : 10 feet.

   (2)   Minimum reverse corner lot side street setback : 50% of the minimum front yard setback of the lot to the rear or 15 feet, whichever is less.

   (b)   ESTABLISHED FRONT YARD SETBACK EXCEPTION. For single-family residential principal structures on streets with established front yard setbacks differing from the Minimum Front Yard Setback requirements in Tables 35-3201.1 and 35-3301.1, exceptions to the required front yard setback can be applied under the following conditions:

   (1)   On block faces with five or more lots fronting on the public right of way, if 40% or more of the lots on one side of a street between two intersecting public streets have a front setback less than the required front yard setback listed in Tables 35-3201.1 or 35-3301.1, the established setback line shall establish the required front yard setback for the entire block face.

   (2)   If there is no established setback line, the average front yard setback of those lots shall establish the required front yard setback for the entire block face.

   (3)   This exception only applies to the principal structure of single-family residential land uses, i.e., new construction, additions, porches, etc.

   (4)   This exception does not apply to accessory structures, decks or other obstructions.

   (c)   MAXIMUM HEIGHT EXCEPTIONS . The Maximum Height Requirements shall not apply to the following. However, if in the opinion of the building official such structures would adversely affect abutting or adjacent properties, such greater height shall not be authorized except by approval of a variance by the zoning hearing officer as per Sec. 35-2207 of this Code.

   (1)   Church spires, belfries, cupolas and domes, monuments, water Towers, fire and hose Towers, masts and aerials.

   (2)   Indoor institutional uses such as churches, schools and other permitted public and semi-public buildings not to exceed six 6 stories or 75 feet, provided that for each foot over the maximum height otherwise permitted in the district, the minimum side and rear yard setbacks shall be increased in width and depth by an additional foot.

   (3)   Barns, silos or other farm buildings provided they are not less than 50 feet from every lot line.

   (4)   Bulkheads, conveyors, derricks, elevators, penthouses, monitors, scenery lofts, cooling Towers, grain elevators, gas holders, or other structures where the permitted industrial use requires a greater height.

   (5)   Generators, heating, cooling, ventilation, communications, utility and related equipment, provided that such equipment meets all other applicable standards in this Code including but not limited to screening, visibility, height, or placement.

   Land Use regulations for all zoning districts are provided in Division 4 of this Article.

   If two or more lots or combinations of lots and portions of lots with continuous frontage under common ownership were of record at the time of passage of this Code, and if all of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this Code, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this Code, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this Code, except in the following situations:

   (1)   One vacant, nonconforming lot of record, adjacent to and held in common ownership with a lot occupied by a permitted use, may be used for a permitted use, not withstanding limitations imposed by other provisions of this Code, provided that the vacant lot is not more than 10% smaller in area or width than the average lot size of all developed lots within the block in which it is located. This provision is intended to apply to single nonconforming lots located on both sides of a developed lot (a maximum of three contiguous lots).

   (2)   Two vacant lots under the same ownership with continuous frontage which were of record at the time of passage of this Code, and which, individually, do not meet the requirements established for lot width and area, may be used individually provided each lot is not less than 90% of the average width and area of the lots within the block.

   Any single lot or parcel of land that does not adjoin another lot held in common ownership, which was of record at the time of adoption of this Code, that does not meet the requirements for minimum lot width or area may be utilized for a permitted use. With the approval of the zoning administrator, one or more of the other bulk standards of the district may be reduced by an amount proportional to the lot's failure to comply with the minimum width or area requirements; provided however, that no bulk standard shall be reduced by more than 25%.

(Ord. No. 3007-2025; Sec. 35-3110 amended; passed 2/4/25)

   (b)   CONTINUATION . A lawful use made nonconforming by the adoption of this Code or ordinances of the City may continue only for so long as such use continues unabated subject to the requirements of this section. This section shall not prohibit normal maintenance or minor repair of any nonconforming use.

   (c)   NON-RESIDENTIAL USES . Nonconforming non-residential uses shall be regulated in accordance with the following:

      (1)   Maintenance . The normal maintenance of a structure or land containing or related to a nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this Code. In no instance shall said repairs exceed over the life of the structure, 50% of the present assessed market value of said structure or property prior to said repairs.

      (2)   Expansion . In all Non-Residential/Resource Districts, expansion of up to 20% of the total existing floor area or 20% of any outdoor operations/storage area may be permitted with an approved site plan review in any continuous five year period, provided all other provisions of this Code are met. Expansion of a non-residential use in a Residential District shall be limited to no more than 10% and only with the approval of a special use permit.

      (3)   Change of use . Any nonconforming use may be changed to another nonconforming use upon the approval of the zoning administrator, provided that:

         a.   The proposed use is equally or more appropriate and less intensive than the existing use, but may not thereafter be returned to the previous nonconforming use or changed to any more intensive use;

         b.   The change will not increase congestion in the streets;

         c.   The change will not endanger the health, safety, morals, or general welfare of the district in which it is located;

         d.   The amount of land devoted to the nonconforming use shall not be increased;

         e.   The zoning administrator may require whatever conditions and safeguards deemed necessary in granting the change; and

         f.   Any part of a building, structure or land occupied by a nonconforming use which is changed to or replaced by a use conforming to the provisions of this Code shall not thereafter be used or occupied by a nonconforming use.

      (4)   Abandonment . A nonconforming use that has been discontinued for a continuous period of 12 months, for whatever reason, shall be considered to be abandoned and shall not be re-established. Any further use on the property shall be in conformance with all applicable provisions of this Code. Evidence of intent to abandon the nonconforming use is not required.

      (5)   Destruction . A nonconforming use damaged to less than 50% of its fair market value, based on the valuation of the township assessor or a market appraisal performed by a certified appraiser, may be restored provided that: all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit. If damage exceeds 50% or more of the fair market value, restoration or improvement shall not be permitted unless the restoration results in a use conforming to all applicable provisions of this Code.

   (d)   RESIDENTIAL USES . Nonconforming residential uses shall be regulated in accordance with the following provisions. As used in this paragraph, nonconforming residential uses are those uses which are nonconforming due to the number of dwelling units they contain or their location in a zoning district that does not permit residential uses.

      (1)   Maintenance . The normal maintenance of a structure or land containing or related to a nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this Code.

      (2)   Expansion . In all zoning districts, nonconforming single family homes may expand by the greater of either 20% of the existing gross floor area or 20% of the value of the existing structure, based on the valuation of the township assessor or a market appraisal performed by a certified appraiser, in any continuous five year period provided that: an addition of up to 150 square feet shall be permitted regardless of existing size or value of the structure; no additional dwelling units are created; and all other provisions of this Code are met. Expansion of residential structures other than single family homes shall be strictly limited to common areas only and limited to 300 square feet in any continuous five year period.

      (3)   Abandonment . A nonconforming residential use, other than a single family home, that has not been occupied for a continuous period of 12 months, for whatever reason, shall be considered to be abandoned and shall not be re-occupied. Any further use on the property shall be in conformance with all applicable provisions of this Code. Evidence of intent to abandon the nonconforming use is not required.

         a.   A nonconforming single family home that has not been occupied for a continuous period 12 months or longer shall not be considered to be abandoned and may be re-occupied at any time provided the structure has not been changed, legally or illegally, to a non-residential use or multiple-unit residential use.

         b.   Removal of a nonconforming mobile home or manufactured home not in a mobile home park, from its foundation or pad for a continuous period of 12 months shall constitute abandonment of the use and placement of a new unit must comply with the provisions of this Code. Evidence of intent to abandon the nonconforming mobile home or manufactured home use is not required.

         c.   Failure to correct code violations that have been adjudicated and so ordered in the manner and time frame so ordered shall constitute an intent to abandon a nonconforming residential use.

      (4)   Destruction . Nonconforming residential uses that are damaged may be rebuilt in accordance with the following:

         a.   A structure damaged to less than 50% of its fair market value, based on the valuation of the township assessor or a market appraisal performed by a certified appraiser, may be restored provided that: all portions of the structure being restored are not and were not on or over a property line; the number of dwelling units does not increase; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit.

         b.   A structure damaged to 50% or greater of its fair market value, based on the valuation of the township assessor or a market appraisal performed by a certified appraiser, may be rebuilt to its existing number of units provided that: the units were legally created at the time they were built; all portions of the structure being restored are not and were not on or over a property line; the number of dwelling units does not increase; the structure and property are in compliance with all other regulations of this Code, other than the number of units; all construction is in compliance with current construction codes, such as the Fire and Building Codes; a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit.

            1.   Single family homes which are damaged by more than 50% may be restored within the existing footprint provided that; all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes, a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit.

      (5)   Density Acceptance . Owners who are unable to prove to the satisfaction of the zoning administrator that the density (number of units) on their property was legally established may appeal to the zoning hearing officer to be granted rebuilding rights under this section. In deciding such appeals, the zoning hearing officer shall hold a public hearing and consider the following: any and all documentation available regarding the development history of the property, both permitted and unpermitted; the number, type and disposition of Code violations and criminal infractions on the property; the length of time the current owner has had the property and whether the density or violations preceded that ownership; the degree of non-conformity of density; the number and extent of any site non-conformities; and the potential impact granting indefinite rebuilding rights would have on surrounding properties and general neighborhood. Notice of the hearing shall be provided in the same manner as required for a variance before the zoning hearing officer.

      (6)   Rebuilding . All structures damaged to 50% or greater of their fair market value, that are reconstructed, shall comply with all provisions of this Code, other than density, including, but not limited to: setbacks; building height; parking; landscaping and open space. Although the property shall retain the right to re-establish the same number of dwelling units, changes may be required to the size and type of units and the configuration of the structure(s) in order to meet other Code requirements. If the property does not conform with all requirements of this Code, other than density, approval of a special use permit shall be required in order to vary from the requirements. In addition to complying with the special use permit criteria, the applicant shall demonstrate that the proposed redevelopment of the property complies with the Code requirements to the maximum extent practical given it is the intent of this Code that the property be permitted to retain its density and remain viable.

(Ord. No. 3006-2023; Sec. 35-3111 (a) amended; 03-07-23)

      (1)   “Nonconforming building or structure” shall have the meaning ascribed in Section 35-1203(239) of this Code.

      (2)   “Nonconforming site” shall have the meaning ascribed in Section 35-1203(241) of this Code.

      (3)   “Nonconforming site development element” shall have the meaning ascribed in Section 35-1203(242) of this Code.

      (1)   A nonconforming building or structure may be used for any purposes permitted in the zoning district so long as the use is in conformance with the provisions of this section.

      (2)   A nonconforming site may be used for any purposes permitted in the zoning district so long as the use is in conformance with the provisions of this section.

      (1)   Remodeling projects that cost 25% or less of the current fair market value of the structure shall not require any correction of nonconforming site development elements, other than as may be required by Fire and Building Codes.

      (2)   Remodeling projects that cost more than 25%, but less than 75% of the current fair market value of the structure shall require a corresponding percentage increase in compliance of the nonconforming site development elements with the nonconforming site development element standards set forth in Article V of this Code, until the site achieves 100% compliance. (For example, if a site has only 2000 of the 3000 required landscape points and the cost of the remodeling is 30% of the value of the building, then 30% of the required landscape points shall be provided, or 900 points.)

      (3)   Remodeling projects that cost 75% or greater of the current fair market value of the structure shall require nonconforming site development elements to achieve 100% compliance with the nonconforming site development element standards set forth in Article V of this Code.

      (4)   Notwithstanding the foregoing, structure remodeling projects of any size that do not expand the footprint of the subject building shall not require changes in the number of parking spaces required by Division 1 of Article V, as provided in Sec. 35-5100(b).

      (5)   Notwithstanding the foregoing, structure remodeling projects that cost less than 75% of the current fair market value of the structure shall not require changes to nonconforming site development elements that deviate from the performance standards and requirements set forth in Division 4 of Article V pertaining to operational nuisances, such as noise, vibration, odors, heat, glare and smoke. Remodeling projects that cost 75% or greater of the current fair market value of the structure shall require nonconforming site development elements that deviate from the performance standards and requirements set forth in Division 4 of Article V to achieve 100% compliance with said standards.

      (6)   Properties that are physically constrained from complying with these provisions shall comply to the maximum extent practicable as determined by the zoning administrator.

      (7)   Structure remodeling projects of any size that only renovate the interior of a structure and do not impact the exterior of the building, other than identifying signage affixed to such building, shall not require changes to nonconforming site development elements that deviate from the standards and requirements set forth in Division 5 of Article V pertaining to façade appearance, building materials, screening of mechanical elements, and undergrounding or screening of utility facilities.

      (1)   Routine maintenance and repair may be performed on any nonconforming structure without eliminating nonconformities therein, provided that no such maintenance or repairs are permissible that would create any new nonconformities, increase the degree of any previously existing nonconformity, or otherwise increase the bulk of the building or structure. Any maintenance or repairs involving structural alterations shall not be deemed “routine maintenance and repair” for purposes of this subsection (d).

      (2)   Structural alterations to nonconforming structures are permitted only in the following situations:

         a.   When the alteration is required by law or is necessary to restore the structure to a safe condition upon the order of any official charged with protecting public safety; or

         b.   When the alteration will eliminate the nonconformity; or

         c.   When the alteration will not create any new nonconformity or increase the degree of any existing nonconformity.

         a.   Nonconforming single family homes which are damaged by more than 50% may be restored within the existing footprint provided that; all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes, a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit.

      (1)   Expansions that would result in less than a 35% increase of the total gross square footage of the existing structure(s) shall require a corresponding percentage increase in compliance with the substantive nonconforming site development elements set forth in Article V of this Code until the site achieves 100% compliance. The same requirements also shall apply to the addition of new or increased areas for outdoor operations/storage. (For example, if the addition is 20% of the size of the existing building and the site contains only 50% of the required landscaping, 20% of the required landscaping for the entire site must be provided thereby bringing the site to 70% of the total required.

      (2)   Complete replacement of existing structures or expansions that result in a 35% or greater increase of the total gross square footage of the existing structure(s) require the nonconforming site development elements to meet all of the substantive nonconforming site development elements of Article V of this Code. The same requirements applicable to structure expansion also shall apply to the addition of new or increased areas for outdoor operations/storage.

      (3)   Expansions that necessitate an increase in the number of parking spaces shall be required to provide 100% of the required parking spaces for the use as applied only to the area of addition or expansion in accordance with Section 35-5100(b)(2) of this Code. The additional parking area shall comply with all associated landscaping and drainage requirements of this Code, although the previously-existing parking area only needs to be brought into compliance with the applicable standards of Article V to an extent proportionate to the scope of expansion as set forth in Subsections (d)(1) and (d)(2) above.

      (4)   Structures with wall lines that fail to meet the setbacks established in this Code may be expanded horizontally or vertically at the existing setback dimension provided that the setback dimension is 75% or greater of the required setback and all other applicable bulk standards are met.

      (5)   Notwithstanding the foregoing, expansions shall require Article V-compliant lighting for such addition as set forth in Section 35-5303(5).

         a.   Nonconforming Parking Lot Landscaping: When a parking lot of ten (10) or more spaces does not conform to the landscape requirements pertaining to such parking lots, it must be brought into conformance pursuant to the following requirements when such parking lot is reconstructed or expanded by:

            1.   25% of its total off-street parking surface area or less this shall not require any correction of nonconforming landscaping requirements;

            2.   More than 25%, but less than 75% of its total off-street parking surface area, this shall require a corresponding percentage increase in compliance of the nonconforming landscaping requirements; or

            3.   75% or greater of its total off-street parking surface area, this shall require 100% compliance with the nonconforming landscaping requirements.

            For purposes of this subsection, resealing or re-striping of an existing parking lot, which does not entail paving, resurfacing, or replacement of the asphalt, concrete, or other paving material, is not considered reconstruction.

         b.   Nonconforming Exterior Lighting: For exterior lighting, when twenty-five percent (25%) or more of exterior lighting fixtures are replaced, all exterior lighting on the site must be brought into conformance with Division 3 of Article V. This is calculated as installation of new lighting posts and/or non-post mounted lighting fixtures based on the total lighting installed by the type of mounting. For example, if over twenty-five percent (25%) of the wall-mounted fixtures are to be replaced, all wall-mounted fixtures must be brought into conformance while nonconforming freestanding fixtures may remain.ed within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit.

      (1)   Single family homes which are damaged by more than 50% may be restored within the existing footprint provided that; all portions of the structure being restored are not and were not on or over a property line; all construction is in compliance with current construction codes, such as the Fire and Building Codes, a building permit is obtained within six months from the date of the damage; and the Certificate of Occupancy (or other final inspection) is issued within one year of the issuance of the building permit.

(Ord. No. 3006-2023; Sec. 35-3112(a)-(e) amended; Sec. 35-3112(g) enacted; 03/07/23)

   The zoning hearing officer may permit one extension of up to 12 additional months to the time periods for abandonment, obtaining a building permit, and/or completing construction provided the applicant can demonstrate circumstances out of his control have prevented a good faith attempt to re-establish or rebuild the nonconforming use and/or structure. Such circumstances may include the health of the applicant, court proceedings, failure to reach an insurance settlement, acts of god, or similar difficulties.

   The zoning hearing officer may vary the nonconforming use, site and structure provisions of this Article. Application and processing shall be in accordance with the provisions of Sec. 35-2207.

   The nonconforming regulations of this Article apply only to legally established, nonconforming lots, uses, sites or structures, and evidence of the legal status of a nonconforming lot, use, site or structure shall be supplied by the owner of the property upon request of the zoning administrator. Owners who fail to present sufficient evidence that the lot, use, site, or structure was legally established under a previous Code may be denied the rights and privileges granted by this article and may subject the owner to enforcement proceedings by the City in order to obtain full compliance with this Code.

   (a)   RESIDENTIAL ZONING DISTRICTS FROM ILQC UNIFIED ZONING CODE . The Moline Zoning and Land Development Code includes the following Residential Districts from the ILQC Unified Zoning Code as these districts have been found to be the most consistent with the goals, objectives and policies of the adopted Moline Comprehensive Plan:

   (1)   “R-2” One-Family Residence District;

   (2)   “R-4” One to Six Family Dwelling District;

   (3)   “R-6” Multi-family Residence District;

   (4)   “R-7” Mobile Home Park District.

   (b)   RESOURCE ZONING DISTRICTS FROM ILQC UNIFIED ZONING CODE . The Moline Zoning and Land Development Code includes the following Resource Districts from the ILQC Unified Zoning Code as these districts have been found to be the most consistent with the goals, objectives and policies of the Moline Comprehensive Plan:

   (1)   “C-2” Conservation District;

   (2)   “AG-2” General Agricultural District.

   (c)   MODIFICATIONS TO ILQC UNIFIED ZONING CODE DISTRICTS . In order to fully implement the goals, objectives and policies of the adopted Moline Comprehensive Plan, modifications have been made to the Residential and Resource Districts selected from the Unified Code. In some instances, these modifications are noted in this Code to assist readers of this Code who have familiarity with the Unified Code. However, in every instance where there are differences between the codes, whether highlighted or not, the provisions of the Moline Zoning and Land Development Code shall prevail.

   (a)   PRINCIPAL STRUCTURES . Table 35-3201.1. lists the bulk standards for principal structures in all Residential and Resource Districts.

   (1)   Terms . Please see Sec. 35-3106 for an explanation of the terms used on Table 35-3201.1.

   (2)   Exceptions. Please see Sec. 35-3108 for exceptions to the bulk standards on Table 35-3201.1.

 

 

   (b)   MAJOR ACCESSORY STRUCTURES . Table 35-3201.2 lists the bulk standards for major accessory structures in all Residential and Resource Districts. In general, major accessory structures are those that exceed 120 square feet in area and that are not otherwise defined as principal or minor accessory structures. No major accessory structure can have more lot coverage than the principal structure. Multiple structures are permitted.

   (1)   Terms . Please see Sec. 35-3106 for an explanation of the terms used on Table 35-3201.2.

   (2)   Exceptions . Please see Sec. 35-3108 for exceptions to the bulk standards on Table 35-3201.2.

 

 

 

   (c)   MINOR ACCESSORY STRUCTURES AND OBSTRUCTIONS PERMITTED WITHIN SETBACKS . Table 35-3201.3. lists the minor accessory structures and obstructions permitted within required principal structure yard setbacks in all Residential and Resource Districts.

   (1)   Terms .   Please see Sec. 35-3107 for an explanation of the terms used on Table 35-3201.3.

 

   Land use regulations for all Residential and Resource zoning districts are provided in Division 4 of this Article.

   (a)   PURPOSE AND INTENT . The Residential Districts (R-2, R-4, R-6, R-7) are established in order to protect public health and promote public safety, convenience, comfort, morals, prosperity, and welfare. These general goals include, but are not limited to, the following specific purposes:

   (1)   To protect residential areas against fire, explosion, noxious fumes, offensive noise, smoke, vibrations, dust, odors, heat, glare, and other objectionable factors.

   (2)   To protect residential areas to the greatest extent possible and as appropriate in each area    against unduly heavy motor vehicle traffic, especially through-traffic, and to alleviate congestion by promoting off-street parking.

   (3)   To protect residential areas against undue congestion of public streets and other    public facilities by controlling the density of population through regulations of the bulk    of buildings.

   (4)   To protect and promote the public health and comfort by providing for ample light and air to buildings and the windows thereof.

   (5)   To promote public comfort and welfare by providing for usable open space on the same zoning lot with residential development.

   (6)   To provide sufficient space in appropriate locations to meet the probable need for future residential expansion and to meet the need for necessary and desirable services in the vicinity of residences, which increase safety and amenity for residents and which do not exert objectionable influences.

   (7)   To promote the best use and development of residential land in accordance with the adopted Moline Comprehensive Plan, to promote stability of residential development and protect the character of desirable development, and to protect the value of land and improvements and so strengthen the economic base of the City.

   (8)   To preserve and enhance existing neighborhoods and development and promote new development consistent with the stated purpose and intent of each residential district.

   (9)   To ensure adequate public facilities and services are available with capacity to serve the existing and projected impacts and needs of the magnitude of development planned for each residential district.

   (a)   Purpose and Intent. The R-2 District is intended to provide areas for low density residential development (6 or less dwelling units per gross acre) consistent with the Low Density Future Land Use Category of the adopted Moline Comprehensive Plan. The District standards and regulations have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District. In recognition of the evolving housing needs and to support housing diversity and attainability, the R-2 District may also accomodate smaller residential lots.

   (b)   Defining Characteristics. The R-2 District in Moline is characterized by a predominance of single family detached homes facing local streets. Streets typically are on a continuous grid network with some areas also served by alleys. Individual developments within the District have lot sizes that are uniform or at least have uniform widths and orientations to the street creating identifiable and distinct "neighborhoods". Typically, permissible non-residential developments within the District (such as churches and schools) are scattered and tend to occur on large lots with ample open space with site layouts and building orientations designed to achieve compatibility with neighboring residences. Where areas in the District adjoin deep ravines or other natural features, lot sizes are larger than the minimums specified for the District as a whole in order to protect these natural features and resources in accordance with Article IV of this Code. Likewise, the street network meanders to follow the topography of an area. This District is mapped in areas that have adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude. As per the provisions in Sec. 35-3211 of this Article, residential infill development of higher densities and different unit configurations may be appropriate for larger undeveloped or under-developed tracts within the District.

   (c)   Bulk Standards. Tables 35-3201.1., 35-3201.2. and 35-3201.3. list bulk standards for principal and accessory structures.

   (d)   LAND Use REGULATIONs. Division 4 of this Article provides all land use regulations for this District.

   (e)   Site Development Standards. Article IV of this Code provides site development standards applicable to development within this District.

   (f)   Site Improvement and Performance Standards. Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District. All non-residential land uses in this District shall, in addition to Division 1 through 4, comply with the quality building and site standards contained in Division 5 of Article V.

(Ord. No. 3039-2025; Sec. 35-3204(a) amended; 9/9/25)

   (a)   PURPOSE AND INTENT . The R-4 District is intended to provide areas for medium density residential development (7 to 14 dwelling units per gross acre) consistent with the Medium Density Future Land Use Category of the adopted Moline Comprehensive Plan. The District standards and regulations have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The R-4 District in Moline is characterized by a mix of residential unit types including; detached single family homes, attached single family homes, duplexes, townhomes, and garden apartments, among others, facing local or collector streets. Streets typically are on a continuous grid network with some areas also served by alleys. In some instances, several units share access to the streets and may share parking as well. Individual developments within the District have lot sizes and building types that are somewhat uniform with similar orientations to the street. In many cases, this District serves as a transition between lower density residential areas and higher density residential or non-residential areas. In such instances, site layouts and building orientations are designed to achieve compatibility with the adjoining lower density district while also providing appropriate screening and buffering from the adjoining, more intensive development. Typically, permissible non-residential developments within the District (such as churches and schools) are scattered and tend to occur on large lots with ample open space with site layouts and building orientations designed to achieve compatibility with neighboring residences. Where areas in the District adjoin deep ravines or other natural features, lot sizes are larger than the minimums specified for the District as a whole or buildings and improvements clustered in order to protect these natural features and resources in accordance with Article IV of this Code. Likewise, the street network meanders to follow the topography of an area. This District is mapped in areas that have adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude. In order to maximize the city’s investment in these facilities and services, and given the limited area zoned R-4, development densities should be within the specified range, with lower density development discouraged.

   (c)   BULK STANDARDS. Tables 35-3201.1., 35-3201.2. and 35-3201.3. list bulk standards for principal and accessory structures.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Division 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District. All non-residential land uses in this District shall, in addition to Divisions 1 through 4, comply with the quality building and site standards contained in Division 5 of Article V.

   (a)   PURPOSE AND INTENT . The R-6 District is intended to provide areas for high density residential development (over 14 dwelling units per gross acre) consistent with the High Density Future Land Use Category of the adopted Moline Comprehensive Plan. The District standards and regulations have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS. The R-6 District in Moline is characterized by a wide range of residential unit types including; attached single family homes, duplexes, townhomes, and multi-level apartment buildings, among others, facing local, collector or arterial streets. Streets typically are on a continuous grid network with several units sharing access and parking as well. Individual developments within the District have lot sizes and building types that are somewhat uniform with similar orientations to the street; however, larger developments may include a variety of building and unit types. In many cases, this District serves as a transition between lower density residential areas and non-residential areas. In such instances, site layouts and building orientations are designed to achieve compatibility with the adjoining residential district while also providing appropriate screening and buffering from the adjoining non-residential development. Typically, permissible non-residential developments within the District (such as churches and schools) tend to be of a similar size and scale with the residential development. Where areas in the District adjoin deep ravines or other natural features, lot sizes are larger than the minimums specified for the District as a whole or buildings and improvements clustered in order to protect these natural features and resources in accordance with Article IV of this Code. Likewise, the street network meanders to follow the topography of an area. This District is mapped in areas that have adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude. In order to maximize the city’s investment in these facilities and services, and given the very limited area zoned R-6, development densities should be within the specified range, with lower density development discouraged.

   (c)   BULK STANDARDS . Tables 35-3201.1., 35-3201.2. and 35-3201.3. list bulk standards for principal and accessory structures.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

SITE IMPROVEMENT AND PERFORMANCE STANDARDS. Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this

   District. All non-residential land uses in this District shall, in addition to Division 1 through 4, comply with the quality building and site standards contained in Division 5 of Article V.

   (a)   PURPOSE AND INTENT . The R-7 District is intended to provide areas for mobile home parks in accordance with Chapter 19 of the Moline Code of Ordinances, and well as other residential and institutional uses that are consistent with residential districts.

   (b)   DEFINING CHARACTERISTICS. The R-7 District in Moline is characterized by mobile home park development but also permits other residential uses and non-residential uses (such as schools and churches) that are of a similar size and scale. For mobile home parks, the pattern of development is that described in Chapter 19 of the Moline Code of Ordinances. For all other development, the pattern and quality of development is similar to that described for the R-6 District.

   (c)   BULK STANDARDS . Tables 35-3201.1., 35-3201.2. and 35-3201.3. list bulk standards for principal and accessory structures.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District, except for mobile home parks which also shall be regulated by the standards in Chapter 19 of the Moline Code of Ordinances.

SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District, except for mobile home parks which also shall be regulated by the standards in Chapter 19 of the Moline Code of Ordinances. All non-residential land uses in this District shall, in addition to Divisions 1 through 4, comply with the quality building and site standards in Division 5 of Article V.

   The Resource Districts (C-2 and AG-2) are established to protect natural resources from indiscriminate and untimely development consistent with the goals and objectives of the Moline Comprehensive Plan.

   (a)   PURPOSE AND INTENT. The C-2 District is intended to limit development in areas requiring environmental protection and preservation, while allowing some uses for the enjoyment of their natural beauty. Consistent with the Parks and Conservation Future Land Use Category of the adopted Moline Comprehensive Plan residential development is limited to one dwelling unit per 15 acres in order to adequately protect the natural features and resources. The District standards and regulations have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS. The C-2 District in Moline is characterized by significant natural features and resources that may include; wetlands, marshes, swamps, scenic areas, hillsides of excessive slopes, water courses, aquifer recharge areas, watershed protection areas, wildlife habitat, rough terrain, areas subject to siltation and erosion, and/or similar natural features and resources that limit the density and intensity of development. Due to these constraints, the predominate form of development in the District is open space and developed park facilities. The primary exceptions are the several smaller residential lots located along the shore of the Rock River. For those properties, the District provides a relaxed set of bulk and development standards, but new subdivisions within the District are strongly discouraged and must comply with the gross density requirement. Non-residential and non-park/recreation uses are limited to those that typically require large expanses of land but have minimal impacts on natural features and resources and which are not subject to damage from periodic flooding and other natural occurrences. On individual lots, buildings and site improvements typically are clustered in order to protect the natural features and resources in accordance with Article IV of this Code. Because this District is mapped in areas that have limited or no public facilities and services, and where extensions of such facilities and services are not contemplated, development is further limited to those uses with minimal needs for such facilities and services.

   (c)   BULK STANDARDS .

   (1)   Lots of record 2 acres or larger . The bulk standards listed for the C-2 District on Tables 35-3201.1., 35-3201.2. and 35-3201.3. for principal and accessory structures shall apply to all existing lots of record of 2 acres or larger, and to all lots created after adoption of this Code.

   (2)   Lots of record less than 2 acres . The bulk standards listed for the R-2 District on Tables 35-3201.1., 35-3201.2. and 35-3201.3. for principal and accessory structures shall    apply to all lots of record of less than 2 acres that were recorded prior to the adoption of this Code.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District.

   (a)   PURPOSE AND INTENT . The AG-2 District is intended to serve as a holding zone for larger, newly annexed properties prior to approval of appropriate development plans. Consistent with the Agriculture Future Land Use Category of the adopted Moline Comprehensive Plan, residential densities are limited to one dwelling unit per 15 acres. The District standards and regulations have been crafted, and are intended to be implemented, to ensure redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The AG-2 District in Moline is characterized by open space, woodlands and agricultural lands, which due to their location, soils, and use for agricultural activities, warrant protection from indiscriminate development. However, their proximity to existing development, combined with pressures for new development, makes most of these lands unsuitable for permanent preservation. The District, then, acts as a holding zone to deter inappropriate and untimely development prior to approval of master development plans. Accordingly non-residential development is restricted primarily to agricultural uses. Because this District is mapped in areas that have limited or no public facilities and services, development is further limited to those uses with minimal needs for such facilities and services.

   (c)   BULK STANDARDS . Tables 35-3201.1., 35-3201.2. and 35-3201.3. list bulk standards for principal and accessory structures.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS. Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS. Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District.

   (a)   PURPOSE .   Throughout many neighborhoods in Moline north of the Rock River, there are large vacant or underutilized parcels with existing infrastructure that can support more compact and dense development than would otherwise be permitted in the R-2 district. Most of these parcels are too small to re-zone to R-4, and the R-4 district standards do not necessarily ensure that newer, more dense development would be compatible with the existing, predominately detached single-family homes in the area. The purpose of these residential infill standards, then, is to provide for a more efficient use of larger vacant and underutilized parcels located in the R-2 district, while still maintaining compatibility with surrounding existing development. Residential infill development as described in this section may be permitted by-right or with a special use permit, as indicated herein.

   (1)   By-Right Infill Development . Twin House and Zero Lot Development as described in this section shall be permitted by-right, subject to approval of a corresponding final subdivision plat as per Chapter 29 of the Moline Code of Ordinances and a site plan review as described in Sec. 35-2105, except that final action on the site plan review shall be taken by the decision making body taking action on the final plat.

   (2)   Special Use Permit . Town House Development and Multiplex Development as described in this section shall require approval of a special use permit as per Sec. 35-2206 and a corresponding final subdivision plat as per Chapter 29 of the Moline Code of Ordinances.

   (3)   Major and Minor Accessory Structures . Major and minor accessory structures within all residential infill developments described in this section shall be governed by the applicable regulations of the R-2 zoning district, unless more restrictive standards are required as part of the site plan review or special use permit approval. In no case shall the regulations of the R-2 zoning district applicable to major and minor accessory structures be reduced.

   (b)   TWIN HOUSE DEVELOPMENT .   A “Twin House” is a structure with two single family homes that have a common wall. Each unit is on a separate platted lot, or a condominium, with covenants that control the maintenance of the common wall. For purposes of this section, the term ”structure” applies to the entire structure housing both units. The term “unit” applies to individual dwelling units located within the “structure.” The term “development” applies to the land area and all of the structures that are constructed as part of the same infill project.

   (1)   All Twin House Developments . The following regulations apply to all Twin House developments:

      a.   Structure Design :

         1.   Each structure shall have a maximum of two units.

         2.   For developments with three to nine structures, a minimum of two different front and rear building elevations and two color pallets is required, which should be distributed throughout the development.   Structures with the same elevation and the same color pallet may not be located next to one another.

         3.   For developments with more than nine structures, a minimum of three different front and rear building elevations and three color pallets is required, which should be distributed throughout the development.   Structures with the same front elevation and the same color pallet may not be located next to one another. Wherever possible, locating structures with the same front elevation next to one another should be avoided, regardless of differences in color pallets.

         4.   The main entry to each unit shall be located on the front elevation, with a walkway leading to it from either the driveway or, preferably, from the sidewalk/street.

         5.   The main front entries to the units shall be a minimum of 10 feet apart. The distance may be reduced by one foot for each foot of setback one entry has from the other, down to a minimum separation of 3 feet.

         6.   Each building elevation shall have a minimum of two windows and/or    doors.

         7.   Within a Twin House structure, the gross floor area of the units may not vary by more than 20%.

         8.   Regardless of differences in unit size, one unit should not appear to be subordinate to the other.

         9.   Within a Twin House development, different structure sizes are encouraged.

      b.   Garages and Driveways :

         1.   Each unit shall have an attached or detached garage suitable for at least    one car.

         2.   For each unit, garages wider than 24 feet or with more than two overhead doors are prohibited.

         3.   Where alleys are present or can be extended, driveways, parking areas and garages are prohibited in the front.

         4.   Two-car garages on alleys may be attached to each other if the combined width of both is less than 45 feet and: four doors are used, or; the face of one garage is setback from the other a minimum of 3 feet,    or; there is break in the roof line between the garages.

         5.   Where permitted in the front, the face of the garage shall not project beyond the main portion of the front wall of the house and shall be five feet behind the furthest front projecting portion of the structure (e.g.    front porch, bay window, etc.).

         6.   Driveways in the front shall be at least 5 feet from properties not in the development.

   (2)   Twin House Developments on Parcels of Less Than 20,000 sq. ft. In addition to the regulations applicable to all Twin House developments, the following regulations shall apply to developments on parcels of less than 20,000 sq. ft.:

      a.   Garages and Driveways :

         1.   Single-car garages in the front may be attached to each other if the combined width of both is less than 30 feet.

         2.   Two-car garages in the front may not be attached to each other.

      b.   Lot Dimensions and Setbacks :

         1.   Min. Lot Area: 5,000

         2.   Min. Lot Width: 50 feet

         3.   Min. Front Setback – Front Wall Line: If located on a through street, the average of existing houses on the same side of the street on the same block or 25 feet, whichever is less. If located at the end of dead end street, 20 feet.

         4.   Min. Front Setback – Front Entry: If located on a through street, 20 feet for a covered or enclosed front entry of no more than 60 sq. ft. of floor area and no more than 15 feet in height. If located at the end of a dead end street, 15 feet.

         5.   Min. Corner Lot Side Street Setback: The average of existing houses on the same side of the street on the same block, or 20 feet, whichever is less.

         6.   Min. Side Setback – Unattached Side: 6 feet adjacent to property not in the development, 5 feet adjacent to property within the development.

         7.   Min. Rear Setback: 30 feet adjacent to property not in the development or an alley, 25 feet adjacent to property within the development.

         8.   Min. Building Separation: 10 feet

   (3)   Twin House Developments on Parcels of 20,000 sq. ft. or greater . In addition to the regulations applicable to all Twin House developments, the following regulations shall apply to developments on parcels of 20,000 sq. ft. or greater:

      a.   Garages and Driveways :

         1.   Two-car garages in the front may be attached to each other if the combined width of both is less than 45 feet and: four doors are used, or; the face of one garage is setback from the other a minimum of 3 feet, or; there is break in the roof line between the garages.

      b.   Lot Dimensions and Setbacks :

         1.   Min. Lot Area: 4,500

         2.   Min. Lot Width: 45 feet

         3.   Min. Front Setback – Front Wall Line: 20 feet

         4.   Min. Front Setback – Front Entry: 15 feet for a covered or enclosed front entry    of no more than 60 sq. ft. of floor area and no more than 15 feet in height.

         5.   Min. Corner Lot Sidestreet Setback: 15 feet

         6.   Min. Side Setback-unattached side: 6 feet adjacent to property not in the development, 5 feet adjacent to property within the development.

         7.   Min. Rear Setback: 30 feet adjacent to property not in the development or an alley, 20 feet adjacent to property within the development.

         8.   Min. Building Separation: 10 feet

   (c)   ZERO LOT LINE DEVELOPMENT .   A “Zero Lot Line Development” is comprised of detached, single family homes where the area (side yards) between the homes is reserved for use by only one of the homes, thereby providing for greater use and enjoyment of the side yard area. Each house is on a separate platted lot or condominium. In the case of platted lots, each home is located 5 feet from each side property line as necessary to comply with all fire and building code requirements regarding building separation. However, on one side of the home a five-foot easement is created running the entire depth of the lot. Under the provisions of the easement, the neighboring (receiving) property is granted full use rights of the area, and the granting property maintains limited use rights as needed only for maintenance and emergency access. In the case of a condominium, one of the homes is granted exclusive use of the area between the homes, with exceptions for maintenance and emergency access to the other home. To enhance the privacy of the receiving property in using the easement area, no windows or doors typically are located on the adjoining wall of the home of the granting property. For purposes of this section, the term “home” applies to a single detached dwelling unit located within the development. The term “development” applies to the land area and of the homes that are constructed as part of the same residential infill project. The term “zero lot line side” applies to that side of a lot or home for which a use easement has been granted to the neighboring property.

   (1)   All Zero Lot Line Developments . The following regulations apply to all Zero Lot Line developments:

      a.   Structure Design :

         1.   For developments with two to nine homes, a minimum of two different front and rear building elevations and two color pallets is required,    which should be distributed throughout the development. Structures    with the same elevation and the same color pallet may not be located next to one another.

         2.   For developments with more than nine homes, a minimum of three different front and rear building elevations and three color pallets is required, which should be distributed throughout the development.   Structures with the same front elevation and the same color pallet may not be located next to one another. Where ever possible, locating structures with the same front elevation next to one another should be avoided, regardless of differences in color pallets.

         3.   The main entry to the house shall be located on the front elevation, with a walkway leading to it either from the driveway or, preferably, from the sidewalk/street.

         4.   Each building elevation shall have a minimum of two windows and/or doors, except the zero lot line side. The zero lot line side wall may not be higher than 22 feet, unless it is a gable end. No openings are required in zero lot line walls, although some form of wall articulation (such as the use of different materials at first and second levels, banding, etc.) must be provided.

      b.   Garages and Driveways :

         1.   Each unit shall have an attached or detached garage suitable for at least    one car.

         2.   Where alleys are present or can be extended, driveways, parking areas and garages are prohibited in the front.

         3.   Where permitted in the front, the face of the garage shall not project beyond the main portion of the front wall of the house and shall be five feet behind the furthest front projecting portion of the structure (e.g. front porch, bay window, etc.).

         4.   Driveways in the front shall be at least 5 feet from properties not in the development.

      c.   Lot Restrictions :

         1.   A five foot easement shall be recorded on the zero lot line side, granting    exclusive use of the area to the neighboring property except as needed for maintenance and emergency access to the granting property.

         2.   The zero lot line side shall not be adjacent to a parcel that is not a part of the development

   (2)   Zero Lot Line Developments on Parcels of Less Than 20,000 sq. ft.  In addition to the regulations applicable to all Zero Lot Line developments, the following regulations shall apply to developments on parcels of less than 20,000 sq. ft.:

      a.   Lot Dimensions and Setbacks :

         1.   Min. Lot Area: 5,000

         2.   Min. Lot Width: 50 feet

         3.   Min. Front Setback – Front Wall Line: If located on a through street, the    average of existing houses on the same side of the street on the same block or 25 feet, whichever is less. If located at the end of a dead end street, 20 feet.

         4.   Min. Front Setback – Front Entry: If located on a through street, 20 feet for a covered or enclosed front entry of no more than 60 sq. ft. of floor area and no more than 15 feet in height. If located at the end of dead end street, 15 feet.

         5.   Min. Corner Lot Side Street Setback: The average of existing houses on the same side of the street on the same block, or 20 feet, whichever is less.

         6.   Min. Side Setback: 10 feet adjacent to property not in the development, 5 feet adjacent to property within the development.

         7.   Min. Rear Setback: 30 feet adjacent to property not in the development or an alley, 25 feet adjacent to property within the development.

         8.   Min. Building Separation: 10 feet

   (3)   Zero Lot Line Developments on Parcels of 20,000 sq. ft. or greater .   In addition to the regulations applicable to all Zero Lot Line developments, the following regulations shall apply to developments on parcels of 20,000 sq. ft. or greater:

      a.   Lot Dimensions and Setbacks :

         1.   Min. Lot Area: 4,500

         2.   Min. Lot Width: 45 feet

         3.   Min. Front Setback – Front Wall Line: 20 feet

         4.   Min. Front Setback – Front Entry: 15 feet for a covered or enclosed front entry of no more than 60 sq. ft. in floor area and no more than 15 feet in height.

         5.   Min. Corner Lot Side Street Setback: 15 feet

         6.   Min. Side Setback: 10 feet adjacent to property not in the development, 5 feet adjacent to property within the development.

         7.   Min. Rear Setback: 30 feet adjacent to property not in the development or an alley, 20 feet adjacent to property within the development.

         8.   Min. Building Separation: 10 feet

   (d)   TOWN HOUSE DEVELOPMENT .   A “Town House” is a structure with a maximum of four, attached single-family homes. The units are located side by side within the structure and not above or below each other. Each unit is on a separate platted lot, or a condominium, with covenants that control the maintenance of the common walls. For purposes of this section, the term “structure” applies to the entire structure housing the units. The term “unit” applies to individual dwelling units located within the “structure.” The term “development” applies to the land area and all of the structures that are constructed as part of the same infill project.

   (1)   All Town House Developments .  The following regulations apply to all Town House developments:

      a.   Eligible Development Parcels . Parcels eligible to apply for Town House infill    development include those with:

         1.   A minimum area of 20,000 sq. ft.; or

         2.   Three or more residential units, or

         3.   An existing non-residential use or, if vacant, where the last use was not    residential

      b.   Lot Dimensions and Setbacks :

         1.   Min. Lot Area: 4,500 per unit

         2.   Min. Lot Width: 30 feet

         3.   Min. Front Setback – Front Wall Line: 10 feet

         4.   Min. Front Setback – Front Entry: 5 feet for a covered or enclosed front entry of    no more than 60 sq. ft. of floor area and no more than 15 feet in height

         5.   Min. Front Setback – Garage: 20 feet

         6.   Min. Corner Lot Side Street Setback: 10 feet

         7.   Min. Side Setback: 10 feet adjacent to property not in the development, 5 feet adjacent to property in the development.

         8.   Min. Rear Setback: 20 feet

         9.   Min. Building Separation: 10 feet

      c.   Structure Design :

         1.   The front and rear elevations shall include a wall break between each unit.

         2.   The front and rear elevations shall include at least one roof break for every two units.

         3.   Exterior wall and roof materials shall be the same or similar to the predominate materials of existing single family homes located within one block on the same street.

         4.   Roof design shall be consistent with the predominate design of existing single family homes located within one block on the same the street.

         5.   For developments with three to five structures, a minimum of two different front and rear building elevations and two color pallets is required, which should be distributed throughout the development. Structures with the same elevation and the same color pallet may not be located next to one another.

         6.   For developments with more than five structures, a minimum of three different front and rear building elevations and three color pallets are required, which should be distributed throughout the development. Where ever possible, locating structure with the same front and rear elevation next to one another should be avoided regardless of difference of color pallets. Structure with the same front elevation and the same color pallet may not be located next to one another.

         7.   All units shall be accessed directly from the exterior of the structure. Internal hallways serving multiple units are prohibited although shared porches between two units are permitted.

         8.   At least one unit in each structure shall have its main entry located on the front elevation, with a walkway leading to it from either the driveway or, preferably, from the sidewalk/street.

         9.   Entries for different units may be paired, with 20 feet provided between pairs or between pairs and single entries. There is no minimum separation between entries to the same unit.

         10.   Each building elevation shall have a minimum of two windows and/or doors.

         11.   The floor area of the units within a structure may not vary by more than 50%.

         12.   Exterior stairways to the second floor are prohibited on the front and side elevations.

         13.   Each building elevation shall have a minimum of two windows and/or doors.

      d.   Garages and Driveways :

         1.   Each unit shall have an attached or detached garage suitable for at least    one car.

         2.   Where alleys are present or can be extended driveways, parking areas and garages are prohibited in the front.

         3.   Regardless of location, garages serving one or more units may not exceed a width of 45 feet and shall have at least one wall break and one    roof break for    every 24 feet of width.

         4.   Where permitted in the front, the face of the garage shall not project beyond the    main portion of the front wall of the structure and shall be five feet behind the furthest front projecting portion of the structure (e.g. front porch, bay window, etc.).

         5.   Driveways in the front shall be at least 5 feet from properties not in the development.

         6.   For each unit, garages wider than 24 feet or with more than two overhead doors are prohibited.

         7.   All surface parking (other than driveways leading to private garages) shall have the same minimum front setback as the garage.

   (e)   MULTIPLEX DEVELOPMENT .  A Multiplex structure may take several forms including attached town houses, tri-plexes, quad-plexes, or flats with units located on different levels. Regardless of configuration, each structure contains a maximum of four units and is on a separate platted lot or a condominium and all units have separate exterior entrances. For purposes of this section, the term “structure” applies to the entire structure housing the units. The term “unit” applies to individual dwelling units located within a “structure.” The term “development” applies to the land area and all of the structures that are constructed as part of the same infill project.

   (1)   All Developments with Multiplex Structures . The following regulations apply to all Multiplex developments:

      a.   Eligible Developable Parcels . Parcels eligible to apply for Multiplex development include those with:

         1.   A minimum area of 20,000 sq. ft.; or

         2.   Three or more residential units, or

         3.   An existing non-residential use or, if vacant, where the last use was not residential

      b.   Lot Dimensions and Setbacks :

         1.   Min. Lot Area: 4,500 per unit

         2.   Min. Lot Width: 30 feet

         3.   Min. Front Setback – Front Wall Line and Garage: 20 feet

         4.   Min. Front Setback – Front Entry: 15 feet for a covered or enclosed front    entry of no more than 60 sq. ft. of floor area and no more than 15 feet in height.

         5.   Min. Corner Lot Side Street Setback: 15 feet

         6.   Min. Side Setback: 10 feet adjacent to property not in the development, 5 feet adjacent to property within the development.

         7.   Min. Rear Setback: 30 feet adjacent to property not in the development or an alley, 20 feet adjacent to property within the development.

         8.   Min. Building Separation: 10 feet

      c .   Structure Design :

         1.   Front building elevations shall not exceed 120 feet in length and shall have a minimum of one wall break for every 30 feet.

         2.   All other building elevations shall not exceed 125 in length and shall a minimum of one wall break for every 50 feet.

         3.   Exterior wall and roof materials shall be the same or similar to the predominate materials of existing single family homes located within one block on the same street.

         4.   Roof design shall be consistent with the predominate design of existing single family homes located within one block on the same street.

         5.   For developments with three to five structures, a minimum of two different front and rear building elevations and two color pallets is required, which should be distributed throughout the development. Structures with the same elevation and the same color pallet may not be located next to one another.

         6.   For developments with more than five structures, a minimum of three different front and rear building elevations and three color pallets is required, which should be distributed throughout the development.   Structures with the same elevation and the same color pallet may not be located next to one another. Wherever possible, locating structures with the same elevation next to one another should be avoided, regardless of differences in color pallets.

         7.   All units shall be directly accessed from the exterior of the structure. Internal hallways serving Multiplex units are prohibited, although shared porches between two units are permitted.

         8.   At least one unit in each structure shall have its main entry located on the front elevation, with a walkway leading to it from either the driveway or, preferably, from the sidewalk/street.

         9.   Entries for different units may be paired, with 20 feet provided between pairs or between pairs and single entries. There is no minimum separation between entries to the same unit.

         10.   Each building elevation shall have a minimum of two windows and/or doors.

         11.   The floor area of the units within a structure may not vary by more than 50%.

         12.   Structures with units on different levels shall have elevation designs that suggest the first and second floors are part of the same unit.

         13.   Exterior stairways to the second floor are prohibited on the front and side elevations.

      d.   Garages and Driveways :

         1.   Each unit shall have an attached or detached garage suitable for at least    one car.

         2.   Where alleys are present or can be extended, driveways, parking areas and garages are prohibited in the front.

         3.   Regardless of location, garages serving one or more units may not exceed a width of 45 feet and shall have at least one wall break and one roof break for every 24 feet of width

         4.   Where permitted in the front, the face of the garage shall not project beyond main portion of the front wall of the structure and shall be five behind the furthest front projecting portion of the structure (e.g. front porch, bay window, etc.).

         5.   Driveways in the front shall be at least 5 feet from properties not in the development.

         6.   All surface parking (other than driveways leading to private garages) shall have the same minimum front setback as the garage.

         7.   All surface parking (other than driveways leading to private garages) that are adjacent to property not in the development shall provide a landscape bufferyard.

   (a)   ZONING DISTRICTS FROM ILQC UNIFIED ZONING CODE . The Moline Zoning and Land Development Code includes the following Non-Residential/Resource Districts from the ILQC Unified Zoning Code as these districts have been found to be the most consistent with the goals, objectives and policies of the adopted Moline Comprehensive Plan:

   (1)   “O-1” Office District

   (2)   “ORT” Office/Research Park and Technology District

   (3)   “B-1” Neighborhood Business District

   (4)   “B-2” Central Business District

   (5)   “B-3” Community Business District

   (6)   “B-4” Highway/Intensive Business District

   (7)   “I-1” Light Industrial District

   (8)   “I-2” General Industrial District

   (b)   MODIFICATIONS TO ILQC UNIFIED ZONING CODE DISTRICTS . In order to fully implement the goals, objectives and policies of the adopted Moline Comprehensive Plan, some modifications have been made to the Non-Residential/Resource Districts selected from the ILQC Unified Zoning Code. In some instances, these modifications are noted in this Article to assist readers of this Code who have familiarity with the ILQC Unified Zoning Code. However, in every instance where there are differences between the codes, whether highlighted or not, the provisions of the Moline Zoning and Land Development Code shall prevail.

   (c)   ADDITIONAL ZONING DISTRICTS . To further the goals, objectives and policies of the Moline Comprehensive Plan, the Moline Land Development Code also includes the following Non-Residential/Resource District, which is not a part of the ILQC Unified Zoning Code:

   (1)   “NC” Neighborhood Center District (The permitted uses within the NC District are similar to those permitted in the “B-1” Neighborhood Business District of the ILQC Unified Code, but the bulk standards are significantly different as necessary to reflect the unique and desired character of those areas in Moline where the NC District is mapped.)

   (a)   PRINCIPAL AND MAJOR ACCESSORY STRUCTURES . Table 35-3301.1. lists the bulk standards for principal and major accessory structures in all Non-Residential/Resource Districts.

   (1)   Terms . Please see Sec. 35-3106 for an explanation of the terms used on Table 35-3301.1.

   (2)   Exceptions . Please see Sec. 35-3108 for exceptions to the bulk standards on Table 35-3301.1.

 

   (b)   Minor Accessory Structures and Obstructions Permitted in Setbacks. Table 35-3301.2. lists the minor accessory structures and obstructions permitted within required principal structure yard setbacks in all Non-Residential/Resource Districts.

   (1)   Terms . Please see Sec. 35-3107 for an explanation of the terms used on Table 35-3301.2.

 

   Land use regulations for all Non-Residential / Resource Districts are provided in Division 4 of this Article.

   The Office Districts (O-1 and ORT) are established to provide sufficient areas for office and/or research uses consistent with goals and objectives of the adopted Moline Comprehensive Plan.

   (a)   PURPOSE AND INTENT . The O-1 District is intended to provide areas for office, institutional and residential uses consistent with the Mixed Use, Office, Commercial and Business Park Overlay Future Land Use Categories of the adopted Moline Comprehensive Plan. In special or unique circumstances, the O-1 District may also accommodate personal or small business services where consistent with the defining characteristics of the District. The District standards have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The O-1 District in Moline is primarily characterized by professional office, institutional and residential uses housed in smaller buildings (20,000 square feet or less) with low building heights (30 feet or less) and low lot coverages (50% or less). The District may also include secondary business establishments with accessory or specialty retail sales on a limited basis where the development focus is more on design rather than use to ensure compatibility with the surrounding development. Some developments within the District have two or more buildings/lots arranged in a campus-type setting, while others entail single buildings on single lots lined up along prominent collector and minor arterial roads that bi-sect residential areas. Accordingly, the District can serve as a transition between residential development and higher traffic roadways or, in some instances, more intensive non-residential development. All parking needs are provided on-site. Off-site impacts from traffic generation, noise, odors lights and vibrations are minimal in this District. Site layouts and building orientations are designed to achieve compatibility with the adjoining residential districts, while also providing appropriate screening and buffering from the adjoining, more intensive non-residential development. Where areas in the District adjoin deep ravines or other natural features, lot sizes are larger than the minimums specified for the District as a whole or buildings and improvements clustered in order to protect these natural features and resources in accordance with Article IV of this Code. This District is mapped in areas that have adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude.

   (c)   BULK STANDARDS . Tables 35-3301.1. and 35-3301.2. list bulk standards for principal and accessory structures.

   (1)   Residential Uses . For all principle residential uses, the R-6 District bulk standards shall apply (see Table 35-3201.1.).

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District All land uses in this district, except one- and two-family dwellings shall, in addition to Division 1 through 4, comply with the quality building and site design and materials standards contained in Division 5 of Article V.

   (a)   PURPOSE AND INTENT. The ORT District is intended to provide for major office, research and technology-based light industrial uses primarily located along expressways or arterial roads consistent with the Office, Commercial, Commercial/Industrial, and Business Park Overlay Future Land Use Categories of the adopted Moline Comprehensive Plan. The District standards have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The ORT District in Moline is characterized by large, attractively landscaped, low-density, office and research uses and some specialized unobjectionable light industrial activities. These uses take advantage of the adjoining transportation corridors but are sufficiently restricted to be compatible with adjacent residential and commercial development. These may include manufacturing, processing, packaging, assembly or treatment of finished or semi-finished products from previously prepared materials. No outdoor storage is allowed in this District, and all operations must be in an enclosed building. Areas within the District typically are the subject of a master development plan that includes multiple lots in a campus like setting. All parking needs are provided on-site, and off-site impacts from traffic generation, noise, odors, lights, and vibrations are minimized through site layouts and building orientations designed to achieve compatibility with the adjoining lower intensity districts, while also providing appropriate screening and buffering from the adjoining, more intensive non-residential development. This District is intended to have a green/open space atmosphere conducive to quality development with the preservation of significant natural features. Thus, where areas in the District adjoin deep ravines or other natural features, lot sizes are larger than the minimums specified for the district as a whole or buildings and improvements clustered in order to protect these natural features and resources in accordance with Article IV of this Code. This District is mapped in areas that have adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude.

   (c)   BULK STANDARDS . Tables 35-3301.1. and 35-3301.2. list bulk standards for principal and accessory structures.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District. All land uses in this district, except one- and two-family dwellings shall, in addition to Divisions 1 through 4, comply with the quality building and site standards contained in Division 5 of Article V.

   The Business Districts (B-1, NC, B-2, B-3 and B-4) are established to provide sufficient areas for commercial uses as necessary to enhance the economic health of the community without negatively impacting residential areas, consistent with the goals and objectives of the adopted Moline Comprehensive Plan.

   (a)   PURPOSE AND INTENT . The B-1 District is intended to provide areas for small scale commercial uses generally serving the needs of the surrounding residential areas consistent with the Mixed Use and Commercial Future Land Use Categories of the adopted Moline Comprehensive Plan. The District standards have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The B-1 District in Moline is mapped in smaller, neighborhood-oriented business districts. These areas are characterized by a limited range of retail, professional office, personal and business services, and food and drink establishments housed in small buildings (10,000 square feet or less) with low building heights (35 feet or less). Some buildings may also contain a mix of uses with ground floor retail and second story offices or residential units. Sites and buildings tend to have pedestrian orientations, but also provide on-site parking. Typical building design elements include front awnings, display windows and projecting, flush wall-mounted and window signage. The District is mapped in small, discrete locations on a collector or minor arterial that bi-sects residential areas. Accordingly, the District serves as an activity center and as a transition between residential development and higher traffic roadways or, in some instances, more intensive non-residential development. Off-site impacts from traffic generation, noise, odors, lights and vibrations are minimized through site layouts and building orientations designed to achieve compatibility with the adjoining residential districts. This District is mapped in areas that have adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude.

   (c)   BULK STANDARDS. Tables 35-3301.1. and 35-3301.2. list bulk standards for principal and accessory structures.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District. All land uses in this district, except one- and two-family dwellings shall, in addition to Divisions 1 through 4, comply with the quality building and site standards contained in Division 5 of Article V.

   (a)   PURPOSE AND INTENT . The NC District is intended to provide areas for small scale commercial uses generally serving the needs of the surrounding residential areas consistent with the Mixed Use and Commercial Future Land Use Categories of the adopted Moline Comprehensive Plan. The District standards have been crafted and are intended to be implemented so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The NC District in Moline is mapped in identifiable neighborhood business districts, such as Olde Towne and portions of Uptown and Avenue of the Cities. These areas are characterized by a limited range of retail, professional office, personal and business services, and food and drink establishments housed in small buildings (10,000 square feet or less) with low building heights (35 feet or less). Many buildings also contain a mix of uses with ground floor retail and second story offices or residential units. Buildings tend to have pedestrian orientations characterized by a lack of front and side setbacks creating continuous block-long façades fronting directly on public sidewalks. Typical building design elements include front awnings, display windows and projecting, flush wall-mounted and window signage. Most parking needs are met on-street, with some additional parking provided in the rear of the buildings. The District is mapped in short stretches (generally less than three blocks) in the heart of the identifiable business districts, most which occur along collector and minor arterials that bi-sect residential areas. Accordingly, the District serves as an activity center and as a transition between residential development and higher traffic roadways or, in some instances, more intensive non-residential development. Off-site impacts from traffic generation, noise, odors, lights and vibrations are minimized through site layouts and building orientations designed to achieve compatibility with the adjoining residential districts. This District is mapped in areas that have adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude.

   (c)   BULK STANDARDS . Tables 35-3301.1.and 35-3301.2. list bulk standards for principal and accessory structures.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District. All land uses in this district, except one- and two-family dwellings shall, in addition to Divisions 1 through 4, comply with the quality building and site standards contained in Division 5 of Article V.

   (a)   PURPOSE AND INTENT . The B-2 District is intended to be a high density, compact, pedestrian oriented shopping, office, service, residential and entertainment area generally serving the needs of the entire city and region consistent with the adopted Moline Centre Plan and other portions of the Moline Comprehensive Plan. The District standards have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The B-2 District in Moline is mapped in the heart of the downtown and serves as a primary activity center for the city. However, the District consists of several sub-areas each of which have different predominate uses and building forms as identified in the adopted Moline Centre Plan. In general, the District is characterized by retail, professional office, personal and business services, residential, food and drink establishments, entertainment, and general commercial uses housed in buildings of various sizes and heights, some of which are quite tall, and most of which cover nearly the entire lot. Many buildings contain a mix of uses with retail on the ground floor and offices or residential units above. Buildings tend to have pedestrian orientations characterized by a lack of front and side setbacks creating continuous block-long façades fronting directly on public sidewalks. Typical building design elements include differentiated façades at the first floor level with front awnings, display windows, and projecting, wall-mounted and window signage. Most parking needs are met on-street or in public lots, with some additional parking provided in the rear of the buildings or in structures. Given the intensity of use and site development within the District, off-site impacts from traffic generation, noise, odors, lights and vibrations can be significant and need to be evaluated on a site-by-site basis to ensure compatibility with existing and proposed surrounding development within and adjacent to the District. This District is mapped in an area that has adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude.

   (c)   BULK STANDARDS . Tables 35-3301.1. and 35-3301.2. list bulk standards for principal and accessory structures.

   (1)   Residential Uses . For all principle residential uses, the R-6 District bulk standards shall apply (see Table 35-3201.1).

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District. All land uses in this district, except one- and two-family dwellings shall, in addition to Divisions 1 through 4, comply with the quality building and site standards contained in Division 5 of Article V.

   (a)   PURPOSE AND INTENT . The B-3 District is intended to provide for general commercial businesses which serve a significant segment of the population consistent with the Mixed Use and Commercial Future Land Use Categories of the adopted Moline Comprehensive Plan. The District standards have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The B-3 District in Moline is mapped in general commercial areas mostly along collector and arterial streets, such as much of the Avenue of the Cities, 4th Avenue west of the downtown, and portions of 16th Street. Some of these are included in adopted area plans, each of which identify and plan for different predominate uses and building forms. In general, the District is characterized by a variety of commercial uses housed in buildings of various sizes, but most of which are one or two stories in height. Buildings may contain either a single use, or several uses in a strip plaza type setting. The District is dominated by uses with indoor operations, although some have limited outdoor activities. Buildings typically occupy about half of the lot area, with the other half devoted to parking and landscape buffers. Signage consists of limited freestanding monuments or poles in addition to flush wall-mounted and window signs. Given the intensity of use and site development within the District, off-site impacts from traffic generation, noise, odors, lights and vibrations can be significant and need to be minimized through site layouts and building orientations designed to achieve compatibility with the adjoining residential districts. Where areas in the District adjoin deep ravines or other natural features, lot sizes are larger than the minimums specified for the district as a whole or buildings and improvements clustered in order to protect these natural features and resources in accordance with Article IV of this Code. This District is mapped in an area that has adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude.

   (c)   BULK STANDARDS . Tables 35-3301.1. and 35-3301.2. list bulk standards for principal and accessory structures.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District. All land uses in this district, except one- and two-family dwellings shall, in addition to Division 1 through 4, comply with the quality building and site standards contained in Division 5 of Article V. (Ord. No. 3034-2006; Section 35-3310(f) repealed in its entirety; new Section 35-3310(f) enacted; 8/15/06)

   (a)   PURPOSE AND INTENT . The B-4 District is intended to permit development of intensive, general commercial uses adjacent to expressways or along other major arterial thoroughfares consistent with the Commercial and Commercial/Industrial Future Land Use Categories of the adopted Moline Comprehensive Plan. The District standards have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The B-4 District in Moline is mapped in intensive general commercial areas along major arterial streets, such as John Deere Road and portions of the Avenue of the Cities, as well as significant business districts catering to citywide and regional needs, such as the South Park Mall area. Some of these are included in adopted area plans, each of which identify and plan for different predominate uses and building forms. In general, the District is characterized by a variety of intensive commercial uses housed in large buildings, but most of which are one story or two stories in height. Buildings may contain either a single use, or several uses in a strip center type setting. The District is dominated by uses with indoor operations, but also provides for functions and businesses that may be characterized by outdoor display, storage and/or sale of merchandise. Although large, buildings typically occupy less than half of the lot area, with the other half devoted mostly to parking and some to landscape buffers. Signage consists of freestanding monuments or poles in addition to flush wall-mounted signs. Given the intensity of use and site development within the District, off-site impacts from traffic generation, noise, odors, lights and vibrations can be significant and need to be minimized through site layouts and building orientations designed to achieve compatibility with the adjoining lower intensity districts. Where areas in the District adjoin deep ravines or other natural features, lot sizes are larger than the minimums specified for the District as a whole or buildings and improvements clustered in order to protect these natural features and resources in accordance with Article IV of this Code. This District is mapped in areas that have adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude.

   (c)   BULK STANDARDS . Tables 35-3301.1. and 35-3301.2. list bulk standards for principal and accessory structures.

   (d)   LAND USE REQUIREMENTS .  Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District. All land uses in this district, except one- and two-family dwellings shall, in addition to Division 1 through 4, comply with the quality building and site standards contained in Division 5 of Article V. (Ord. No. 3007-2009; Sec. 35-3311(f) repealed; new Sec. 35-3311(f) enacted; 03/17/09)

   The Industrial Districts (I-1 and I-2) are established to provide sufficient area for a range of commercial, industrial, warehousing and storage uses as necessary to enhance the economic health of the community without negatively impacting residential and lesser-intensive non-residential areas, consistent with the goals and objectives of the adopted Moline Comprehensive Plan.

   (a)   PURPOSE AND INTENT . The I-1 District is intended to provide for less intensive industrial uses consistent with the Commercial/Industrial and Industrial Future Land Use Categories of the adopted Moline Comprehensive Plan. The District standards have been crafted, and are intended to be implemented, so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The I-1 District in Moline is mapped in several, smaller, heavy commercial and light industrial areas. The District is characterized by a variety of commercial, office, assembly, fabrication, processing, and storage uses housed in buildings of various sizes, most of which are one story in height on small lots. The District is dominated by uses with indoor operations, although some have limited outdoor activities. Buildings typically occupy about half of the lot area, with the other half devoted to parking and landscape buffers. Signage consists of limited freestanding monuments or poles in addition to flush wall-mounted signs. Given the intensity of use and site development within the District, off-site impacts from traffic generation, noise, odors, lights and vibrations can be significant and need to be minimized through site layouts and building orientations designed to achieve compatibility with the adjoining lower intensity districts. Where areas in the District adjoin deep ravines or other natural features, lot sizes are larger than the minimums specified for the District as a whole or buildings and improvements clustered in order to protect these natural features and resources in accordance with Article IV of this Code. This District is mapped in an area that has adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude.

   (c)   BULK STANDARDS . Tables 35-3301.1. and 35-3301.2. list bulk standards for principal and accessory structures.

   (d)   LAND USE REQUIREMENTS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District.

   (a)   PURPOSE AND INTENT . The I-2 District is intended to provide for large scale manufacturing uses consistent with the Industrial Future Land Use Category of the adopted Moline Comprehensive Plan. The District standards have been crafted and are intended to be implemented so that redevelopment and new development projects preserve and enhance the defining characteristics of the District.

   (b)   DEFINING CHARACTERISTICS . The I-2 District in Moline is mapped in a few, larger industrial areas and is characterized by a variety of assembly, fabrication, processing, storage and manufacturing uses housed in buildings of various sizes, most of which are one story in height on larger lots. The District contains uses with indoor and outdoor operations. Buildings typically occupy about half of the lot area, with the other half devoted to related outdoor activities (such as storage and work yards) parking and landscape buffers. Signage consists of limited freestanding monuments or poles in addition to flush wall-mounted signs. Given the intensity of uses and site development within the District, off-site impacts from traffic generation, noise, odors, lights and vibrations are significant and need to be minimized through site layouts and building orientations designed to achieve compatibility with the adjoining lower intensity districts. Where areas in the District adjoin deep ravines or other natural features, lot sizes are larger than the minimums specified for the District as a whole or buildings and improvements clustered in order to protect these natural features and resources in accordance with Article IV of this Code. This District is mapped in an area that has adequate public facilities and services with capacity to serve the existing and projected impacts and needs of development of this magnitude.

   (c)   BULK STANDARDS . Tables 35-3301.1. and 35-3301.2. list bulk standards for principal and accessory structures.

   (d)   LAND USE REGULATIONS . Division 4 of this Article provides all land use regulations for this District.

   (e)   SITE DEVELOPMENT STANDARDS . Article IV of this Code provides site development standards applicable to development within this District.

   (f)   SITE IMPROVEMENT AND PERFORMANCE STANDARDS . Article V, Divisions 1 through 4, of this Code provides site improvement and performance standards applicable to development within this District.

   The purpose of this Division is to indicate which land uses may locate in each zoning district and under what requirements; and which land uses may not locate therein. A further distinction is made for land uses which may locate in a given district only upon obtaining a special or temporary use permit to do so. Finally, certain land uses may locate in a given district as a matter of right upon compliance with special regulations for such a land use.

   The land uses listed in Table 35-3401.1. are specifically designated and refer to the detailed listing of land uses contained in this Division and are subject to the following:

   (1)   LAND USES PERMITTED BY RIGHT . Land uses permitted by right are indicated with a “P” on Table 35-3401.1. These are permitted per the general land use requirement of this Division; per the general requirements of the specific zoning district in which they are located; per any additional requirements applicable to that particular land use as contained in this Division; per any additional requirements imposed by applicable overlay zoning districts as designated on the Official Zoning Map; per the general requirements of this Code; and per any and all other applicable City, County, State, and Federal regulations.

   (2)   LAND USES PERMITTED AS RESIDENTIAL INFILL DEVELOPMENT . Land uses permitted as Residential Infill Development are indicated with an "I" on Table 35-3401.1. These are permitted subject to all of the requirements contained in Sec. 35-3211, and all of the requirements applicable to uses permitted by right, above, plus any additional requirements imposed as part of the applicable site plan review or special use permit approval processes.

   (3)   LAND USES PERMITTED AS A SPECIAL USE . Land uses listed as permitted as a special use are indicated with an “S” on Table 35-3401.1.

      a.   Special uses are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (a), above, provided the use meets the conditions for a special use listed in Sec. 35-2206, including any additional requirements imposed as part of the special use process. Each application for, and instance of, a special use shall be considered a unique situation and shall not be construed as precedent for similar requests.

      b.   In recommending special uses hereunder for those applications which are subject to the Fair Housing Act (“FHA”, 42 U.S.C.A. 3601 et seq.) or the Americans with Disabilities Act (“ADA”, found generally at 42 U.S.C.A. 12131 et seq.) or both, the Plan Commission is hereby authorized to waive or vary provisions of the zoning code when necessary to reasonably accommodate the statutory rights of the disabled. This authority shall be interpreted and administered in order to ensure the full exercise and enjoyment of a disabled person’s right to the residential housing of his or her choosing. The provisions of this Section 35-3401(c)(2) shall not apply to commercial or business activities or zones; provided, however, that nothing herein shall be interpreted or otherwise construed as limiting the exercise of a disabled person’s rights by or through a residential care provider. This Section 35-3401(c)(2) shall be implemented and interpreted in accordance with the ADA and the FHA.

      c.   When the Plan Commission finds that a reasonable accommodation is necessary, such reasonable accommodation shall be provided as follows:

         1.   Upon application of a disabled person or individual or entity providing services to the disabled in a residential facility or other group living arrangement, the Plan Commission is hereby authorized to vary, modify or waive the requirements of this zoning code in order to provide a reasonable accommodation as necessary to provide a disabled person full enjoyment of a residence.

         2.   The City’s duty to accommodate is an affirmative one, and the Plan Commission is therefore authorized to provide accommodations in a proactive manner.

         3.   Review of a request for a special use requiring a reasonable accommodation may, at the discretion of the Plan Commission, include citizen input or information as provided for in the Plan Commission’s hearing process. The Plan Commission shall provide written notice of the proposed accommodation to the applicant and property owners as required by City policy.

         4.   When applying the reasonable accommodation process required hereunder, stereotypical assumptions regarding the disabled should be avoided, and accommodations shall be based upon actual evidence presented to and before the Plan Commission.

      d.   It shall not be a requirement of this Code to require a waiver or variance or modification of the provisions of the codes adopted in Chapter 8 or Chapter 11 of the Code of Ordinances regarding building, housing and other technical or trade codes or fire codes, adopted respectively therein, which does not substantially accomplish the purposes of those Codes and said Chapters or which would reduce the fire safety of any structure. Modifications, waivers and variances of the provisions of any uniform code or international code shall provide at least the same level of safety required by the respective codes. The applicant shall have the burden of establishing that the proposed modification, waiver or variance accomplishes substantially the same purpose without the reduction of fire safety.

      e.   The accommodation provided shall be of a personal nature, personal to the applicant only and shall not run with the land; provided, however, that a change in a residential structure necessary to accommodate the operation of a residential care provider to the disabled may be continued by future operations of similar facilities at the site who establish the same use within six (6) months of the date the prior use by the disabled person or residential care provider ceases. The Plan Commission may therefore direct that any physical change in the structure permitted as a reasonable accommodation which would otherwise be illegal under the zoning code shall be immediately held to be a non-conforming structure and shall be brought into compliance within six (6) months of the date of sale or transfer of a residential structure to a person not qualifying for the protections of the ADA or FHA.

      f.   No right other than as required under the ADA or FHA is intended to be created by this Section 35-3401(c), nor shall any variance, modification or waiver be treated as or interpreted as a non-conforming use under this zoning code once the reasonable accommodation is no longer required.

      g.   The decision of the Plan Commission regarding a request for a reasonable accommodation shall be considered a final decision and appeal therefrom shall be in accordance with the Administrative Review Law found generally at 735 ILCS 5/3-101 et seq.

   (4)   LAND USES PERMITTED AS AN ACCESSORY USE . Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. Only those accessory uses listed with an “P” on Table 35-3401.1. or those indicated in sections of all divisions and referenced in Table 35-3401.1. shall be permitted by right. Those indicated with an “S” shall be permitted only as a special use. With the exception of a commercial apartment (see Sec. 35-3414(d)) and a caretaker’s residence (see Sec. 3417(a)), in no instance shall an accessory use, cellar, basement, tent or recreational trailer be used as a residence. Accessory uses shall not be located between a principal building and a street frontage on the same lot. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (a), above. Unless otherwise noted, accessory uses may not be established without a principal use on the same lot.

   (5)   LAND USES PERMITTED AS A TEMPORARY USE . Land uses listed as permitted as a temporary use are indicated with a “P” on Table 35-3401.1. These are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (a), above.

   (6)   PROHIBITED USES . Land Uses which are not listed in a specific zoning district Table 35-3401.1. are not permitted in such zoning district, except those that are legal nonconforming uses (Sec. 35-3111).

   (7)   COMPLIANCE REQUIRED PRIOR TO ESTABLISHMENT OF USE . Although a land use may be indicated as permitted by right or permitted as a special use in a particular district, it does not follow that such a land use is permitted or permissible on every parcel in such district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this Code which are applicable to the specific land use and parcel in question, or unless an appropriate variance has been granted pursuant to Sec. 35-2207.

(Ord. No. 3007-2025; Sec. 35-3401 amended; 02/4/25)

Proceed to end of Table 35-3401.1 to see amendments thereto