The purpose of this site plan review ordinance is to establish a comprehensive procedure that will establish appropriate standards for architecture, site design and landscaping of commercial, manufacturing and multifamily uses that will ensure a high quality of development and redevelopment.

(Code 2012, § 17.68.010; Ord. No. 3921, § 2, 6-4-2012; Ord. No. 4470, § 3, 9-7-2021)

Site plan approval shall be required prior to issuance of building permits for all new construction, any additions and the erection of building structures for all private land uses, and for any off-street parking area for over ten vehicles except for:

(1)

Agricultural structures on farmsteads or single-family lots;

(2)

One-family residential uses;

(3)

Any commercial, office, manufacturing or multifamily structural addition that constitutes less than 25 percent of total square footage of an existing structure.

Uses excluded herein shall not require a site plan review or approval by the development review committee.

(Code 2012, § 17.68.020; Ord. No. 3921, § 2, 6-4-2012; Ord. No. 4553, § 3, 12-5-2022)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Architectural feature means an element of a building design intended to be functional or ornamental.

Border plantings/foundation plantings means perennial flowers, shrubs or bushes of various height and diameter used to screen building foundations, appurtenances and property boundaries.

Brick means an individual solid masonry unit of clay or shale, formed in a rectangular prism and hardened through an industrial heating process such as a kiln, and having a depth of not less than 3 8/8 inch thick. All brick construction shall require the use of full mortar bedding between each brick and each brick shall be set individually. No masonry sheeting products shall be allowed, except as aesthetic accents.

Buildable acreage means a parcel of land or portion of an existing tract or lot of record with sufficient area and dimensional configuration to be developed independently of preceding improvements and in accordance with city zoning and subdivision standards.

Character means special physical characteristics of an existing or proposed building or structure or an area that set it apart from its surrounding and contributes to it individually. Character-defining considerations, include, but are not limited to, building height, shape, materials, orientation and architectural style and features, as well as the site's interior spaces and relationship to the surrounding area.

Commercial entry means the entryway of a commercial building that would be perceived by the public to be an entrance available for public use.

Conifers means coniferous (evergreen) tree, cone-bearing with year-round green coloration such as pine, spruce, fir, cedar, etc.

Façade means the elevation or exterior face of the building.

Improvement means construction of buildings, drive areas, parking area, walkways, stormwater retention/detention areas, lighting facilities, utilities, curb/gutter, signage and landscaping as placed on a parcel, lot or tract of land.

Landscape space means that portion of any development site not covered by buildings, parking, sidewalks or other paved surfaces.

Net developed area means the improved portion of a parcel, lot or tract of land, including the land required to meet minimum setback standards as established by the city zoning ordinances.

Ornamental trees means deciduous trees generally smaller in stature than shade trees and ranging in size up to 25 feet.

Shade trees means deciduous (hardwood) tree having a mature height of 25 feet or greater and having a broad spread of branches with leaves providing shade during summer months and shedding leaves each autumn.

Split-face block means a solid or hollow concrete masonry unit, split lengthwise after curing; laid with the fractured surface exposed, as to provide a rough texture as a finished exterior surface.

(Code 2012, § 17.68.160; Ord. No. 3921, § 2, 6-4-2012)

No certificate of occupancy shall be issued until all requirements and conditions of the site plan approval have been implemented and all improvements completed in accordance with approved plans. Any significant change to the approved site plan or elevations that affects the physical character of the buildings and/or the site, in the absence of an approved amended site plan reflecting such changes, shall cause the certificate of occupancy to be withheld until such change is approved by the city council. The building and zoning officer shall determine the significance of any such changes.

(Code 2012, § 17.68.030; Ord. No. 3921, § 2, 6-4-2012)

Properties receiving site plan approval shall maintain all improvements in good condition, including landscape trees and materials, painted surfaces, structures, pavement, walkway, signage, light fixtures and fences. If any landscape materials die, they shall be replaced with a plant of similar size and character within 180 days.

(Code 2012, § 17.68.040; Ord. No. 3921, § 2, 6-4-2012; Ord. No. 4470, § 4, 9-7-2021)

The development review committee is hereby authorized to review and approve with modification or deny any site plans required herein. Approval shall be valid for a period of one year. If, after such time, construction has not commenced or if construction is stopped for a period of one year, the approval becomes void. An extension of the approval period may be authorized by the council upon written request of the developer/owner.

(Code 2012, § 17.68.050; Ord. No. 3921, § 2, 6-4-2012)

An application for site plan review shall be filed with the building and zoning officer on official forms provided for such purpose. The application shall be accompanied by a nonrefundable fee as established by resolution of the city council.

(Code 2012, § 17.68.060; Ord. No. 3921, § 2, 6-4-2012)

All required site plans shall be submitted in electronic .pdf format. In addition, two full size site plans shall be submitted. The plan shall be considered as officially submitted only when all information, documentation and fee requirements are met.

(1)

Site plan scale. All site plans shall be drawn to scale as follows:

a.

Sites less than two acres: One inch is equal to 20 feet.

b.

Sites of two or more acres: One inch is equal to 40 feet.

c.

The building and zoning officer shall have discretion to accept smaller scale plans for projects involving more than 15 acres. However, in no case shall plans be a smaller scale than one inch is equal to 100 feet.

(2)

Contents. All site plans shall contain the following:

a.

General information.

1.

Property owner's name, address and telephone number;

2.

The developer's name, address and telephone number (if different from property owner);

3.

Name, address and telephone number of architect, land planner, engineer, surveyor or consulting firm (with contact person listed) who is responsible for compiling the plan;

4.

A complete legal description of the subject property;

5.

Date of plan preparation and/or revision;

6.

North arrow;

7.

Current zoning/requested zoning (if a change is desired).

b.

Site conditions.

1.

Existing topography graphically represented via contour lines of two-foot intervals, extending 20 feet surrounding the subject site;

2.

Location and extent of waterbodies, wetlands, streams and floodplains on or adjacent to the subject site;

3.

Sidewalks, curbing and drainage structures;

4.

Stormwater detention/retention areas. Method of computing drainage requirements shall be consistent with those specified in the city subdivision regulations;

5.

Floor area for building footprint and gross floor area of structure, building height and number of stories. Structural volume in cubic feet is required for all industrial structures;

6.

Building elevation (façade drawing) of all faces indicating design character, type of materials, colors, signage and special features;

7.

Grading/drainage plans, including contours and elevations;

8.

Erosion control plan for any proposed detention or retention area;

9.

Utility plans indicating location of water and sanitary sewer service lines, including size and type of pipe and all other information such as hydrants and clean-outs as may be required by the city engineer;

10.

Landscape plans, including a schedule of all trees by type and size, berms and fencing and survey of any existing tree on-site with a caliper of more than six inches. All landscape plans shall depict all trees at 75 percent maturity;

11.

Lighting plans, including type of fixtures, height and location.

(Code 2012, § 17.68.070; Ord. No. 3921, § 2, 6-4-2012; Ord. No. 4470, § 5, 9-7-2021)

(a)

Development review committee created. To provide for the fair and expeditious review of zoning, subdivision, and site plan applications, a development review committee is hereby established. The development review committee shall consist of the following members or their representatives:

(1)

The mayor;

(2)

The city engineer;

(3)

The city planner or consultant;

(4)

One member of the zoning board of appeals at the appointment of the mayor;

(5)

The police chief or his/her representative;

(6)

The fire marshal/chief or his representative;

(7)

One member of the planning commission at the appointment of the mayor.

(8)

The development review committee shall meet as needed. At least one week prior to any such meeting or meetings, the building and zoning officer shall submit copies of all pending applications to members of the development review committee. The purpose of this committee is to review applications for completeness and compliance with city codes and regulations. The city planner or consultant will be responsible for documenting suggestions made at committee meetings and forwarding comments to the development review committee and the applicant.

(b)

Preapplication meeting.

(1)

Before submitting a complete application and receiving written feedback, the applicant may request a preapplication meeting with the development review committee. The nature of the meeting is advisory only.

(2)

The purpose of the preapplication meeting is to provide the applicant with the development review committee's preliminary review of his proposal and to identify whether the site plan or other proposed improvement plans, if any, appear to be in compliance with the provisions of this article and all other applicable city standards and ordinances, relative to:

a.

Location and design of vehicular and pedestrian access points, to include concurrence from the state department of transportation on proposed entrances and exits from state routes;

b.

Location and adequacy of off-street parking and loading areas;

c.

Design of traffic circulation and control within the site and in relationship to adjoining properties;

d.

Adequacy of drainage, water supply, fire protection and sanitary sewer facilities;

e.

Compliance with applicable established design criteria, construction standards and specifications for all improvements required by this Code;

f.

Whether any zoning amendments or variations may be required in connection with the proposed development;

g.

Whether the site plan appears to be in conformity with the land use policies and objectives of the city as expressed in the city comprehensive plan and this zoning ordinance;

h.

Such other matters as the development review committee may deem appropriate.

(Code 2012, § 17.68.080; Ord. No. 3921, § 2, 6-4-2012; Ord. No. 4470, § 6, 9-7-2021; Ord. No. 4502, § 3, 2-7-2022)

(a)

All site plans which are appropriately submitted and conform to standards and regulations set for in this section shall be filed with the city building and zoning officer. Within seven days after receipt of such site plan, the building and zoning officer shall submit a complete copy to each member of the development review committee.

(b)

The site plan will then be reviewed by the development review committee, who will recommend in writing the approval, approval with conditions, or denial of the proposed plan within 30 days following receipt of such site plan from the city building and zoning officer. This time limit may be extended with consent of the petitioner when plan revisions are requested prior to approval. The development review committee's decision shall be based upon substantial compliance with the regulations set forth herein.

(Code 2012, § 17.68.090; Ord. No. 3921, § 2, 6-4-2012)

These site design and development standards are intended to ensure that commercial, office, manufacturing and multifamily residential development is compatible with the surrounding area, to promote functional and attractive development, and to contribute to the unique and historical character of the city:

(1)

Commercial and office development. These standards are intended to ensure that commercial development responds and builds upon the strength and character of the neighborhood area. When the area is currently undeveloped, the design of the first commercial project in an undeveloped area shall establish a desirable character for the area.

a.

One hundred percent of all exterior elevations shall be constructed of an approved form of masonry construction. Any exterior building façade shall incorporate a predominance of high-quality materials that may include, but are not limited to, utility brick, sandstone, other native stone or glass consistent with the following guidelines:

1.

Façades facing a public street:

(i)

Brick, nongray, split-faced block, sandstone or other native stones shall at a minimum extend from ground level to the top of windows with minor variations allowed for accents.

(ii)

Brick, nongray, split-faced block, sandstone or other native stones shall also be the dominant masonry element of the remainder of façades facing a public street. Exterior insulation and finish systems (EIFS) or synthetic stucco and gray, split-faced block may be used for accents.

2.

Façades not facing a public street:

(i)

Brick, nongray, split-faced block, sandstone or other native stones are recommended. Exterior insulation and finish systems (EIFS) or synthetic stucco and gray, split-faced block are also permitted.

(ii)

Smooth gray concrete block is not permitted on any façade.

b.

No uninterrupted length of façade shall exceed 100 horizontal feet. All façades greater than 100 feet in length shall incorporate some horizontal architectural relief that may include wall plane projections, wall plane recesses, pilasters or other architectural elements as approved by the development review committee.

c.

Any roof on a commercial structure shall incorporate at least two of the following architectural treatments:

1.

Overhanging eaves, extending no less than three feet past the supporting walls;

2.

Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one foot of vertical rise for every three feet of horizontal run and less than or equal to one foot of vertical rise for every one foot of horizontal run;

3.

Three or more slope planes;

4.

Prominent cornices along the roofline of any façade.

d.

Any commercial structure with a flat roof design shall incorporate a parapet that provides for a 100 percent screening of HVAC or mechanical equipment from public view. The average height of such parapets shall not exceed 15 percent of the height of the supporting wall and such parapets shall not exceed one-third of the height of the supporting wall.

e.

Any commercial establishment in excess of 20,000 square feet shall have clearly defined, highly visible customer entrances featuring no less than three of the following:

1.

Canopies, metal seam awnings or porticos;

2.

Overhangs;

3.

Recesses/projections;

4.

Arcades;

5.

Raised corniced parapets over the door;

6.

Peaked roof forms;

7.

Arches;

8.

Outdoor plaza;

9.

Display windows;

10.

Architectural details, such as tile work, brick soldier courses or molding shall be integrated into the structure;

11.

Other design elements as deemed appropriate by staff.

f.

All commercial establishments shall incorporate sidewalks at least five feet in width along all sides of the lot that abut a public street. Any pedestrian sidewalk shall be distinguished from driving surfaces through the use of materials like pavers, brick or scored concrete to enhance pedestrian safety and comfort, as well as the attractiveness of the walkway.

g.

Any commercial structure that exceeds 20,000 square feet shall incorporate sidewalks, no less than eight feet in width along the full length of the building along any façade featuring a customer entrance, and along any façade abutting public parking areas. Any such sidewalk shall be located a minimum three feet from any façade, except where features such as arcades, colonnades, porticoes or entryways are part of the façade.

h.

Any façade or roof color incorporated in a commercial structure shall be of low reflective, subtle, neutral or earth tones and the use of high-intensity or metallic colors shall be prohibited. Building trim and accent areas may feature brighter colors, including primary colors, but exposed neon tubing shall be prohibited from building trim or accent areas.

i.

Any commercial structure more than 100,000 square feet shall incorporate a public space, such as a plaza, courtyard or landscape garden within the vicinity of the structure's main pedestrian entrance of the development's principal structure and shall incorporate a minimum of four of the following provisions:

1.

Pedestrian seating in the form of benches or ledges;

2.

Water features;

3.

Seasonal plantings;

4.

Textured paving;

5.

Raised brick planters with landscape;

6.

Pedestrian-scaled lighting;

7.

Sculpture or other artwork;

8.

Outdoor eating or a cafe.

j.

Where feasible, drive-through facilities should be located on the side or rear of the structure that is either facing the site's parking area or internal drive-aisle.

(2)

Manufacturing development. These standards are intended to ensure that manufacturing development responds and builds upon the strength and character of the neighborhood area. The design of the first manufacturing development in an undeveloped area shall establish a desirable character for the area and infill development shall compliment or contribute to the character of the existing area.

a.

Any manufacturing structure façade facing a public street, and which has a façade length that exceeds 100 feet, measured horizontally, shall incorporate recesses, projections, glass wall systems or other ornamental/architectural features along 20 percent of the length of the façade.

b.

Façades of manufacturing structures shall be constructed with masonry materials, including, but not limited to, pre-cast concrete panels, except that (M2 manufacturing) structures may be constructed with metal exteriors, provided that at least 30 percent of the front building façade is constructed with glass and/or masonry materials. Where pre-cast concrete or split face concrete block is utilized, the use of colors, patterns, or other forms of architectural relief within these panels shall be required.

c.

Manufacturing loading bays should not be located in front of any manufacturing structure, where feasible.

d.

The placement of mechanical equipment, utility meters, electrical conduit and other services or utilities shall be located or screened in a manner so as not to be visible from the street or ground level of adjacent properties.

e.

Security fences on industrial sites shall be screened with natural vegetation and the use of barbwire, razor wire or fencing slats shall be discouraged.

(3)

Multifamily residential uses. These standards are intended to minimize the bulk and mass of multifamily uses to create distinctive neighborhoods by avoiding monotonous design and giving multifamily dwellings a more residential character. Multifamily, as discussed herein, shall exclude single-family dwellings, and shall specifically include two-, three- and four-unit residential structures and all other multifamily units.

a.

Multifamily units shall contain the following minimum requirements:

1.

Duplexes, townhomes, or other attached units. Duplexes, townhomes or other attached units shall contain a minimum of 50 percent of either face brick or stone on all four exterior elevations of the first floor. Additional face brick or stone (above 50 percent) on the front façade may be substituted for brick or stone on side or rear façades provided the total façade area maintains the 50 percent ratio. Masonry products designed to look like brick or stone are not a permitted substitution.

2.

Apartment buildings and condominiums. Apartment structures and condominiums shall not contain less than 100 percent face brick or stone on all street side elevations and not less than 75 percent face brick or stone on the rear and side elevations. Masonry products designed to look like brick or stone are not a permitted substitution.

b.

To infuse a denser multifamily development with small-scale features that are similar to low-density development, multifamily dwellings shall incorporate three of the following architectural features in the front entryway façade:

1.

Deep roof overhangs;

2.

Projecting window bays;

3.

Balconies or terraces;

4.

Offsets in the façade;

5.

Porches;

6.

Ground level materials that are distinctively different from the floors above.

c.

No multifamily unit shall incorporate an uninterrupted rear façade of more than 20 horizontal feet. All rear façades greater than 20 feet in length, measured horizontally, shall incorporate wall plane projections, recesses, or bay windows having a depth of at least three percent of the length of the rear façade and extending at least 20 percent of the length of the rear façade.

d.

Multifamily structures should incorporate front elevations that are not dominated by garage doors and wherever possible, garage doorways should be recessed into the multifamily structures or placed in the rear of multifamily structures.

e.

To minimize the number of multifamily units facing residential streets, multifamily structures whenever possible should be aligned along one of the following site design configurations: Motor courts, courtyards, village greens, or a public square.

f.

Multifamily structures should be arranged in such a manner as to enclose and frame common spaces. These common spaces should include gardens, courtyards, recreation and play areas. These common spaces should incorporate at least three of the following features:

1.

Approved trees;

2.

Large flowering trees;

3.

Pedestrian seating;

4.

Pedestrian-scale lighting;

5.

Gazebo or other decorative shelters;

6.

Play structures for children;

7.

Natural environmental areas.

g.

Multifamily structures shall screen all mechanical systems and utility boxes with a 100 percent screening. Any air conditioning wall unit located in a multifamily development shall be 100 percent visually screened through the incorporation of a custom cover or natural vegetation.

(Code 2012, § 17.68.100; Ord. No. 3921, § 2, 6-4-2012; Ord. No. 4470, § 7, 9-7-2021; Ord. No. 4553, § 4, 12-5-2022; Ord. No. 4647, § 6, 10-21-2024)

(a)

The purpose of this section is to require the appropriate buffering between incompatible land uses to protect and preserve the aesthetic appeal and character of the surrounding neighborhood and to provide a level of visual screening around permanent structures and parking facilities.

(b)

Each plan required hereunder shall be drawn to scale. All proposed structures and other improvements shall be accurately depicted thereon, including, but not by the way of limitation, all buildings, paved areas, berms, lights, retention and all detention areas and landscaping. The plan shall specifically include the number, type, size and location of all required vegetation and other landscape, which the applicant proposes to preserve.

(c)

All new site developments, expansion of existing structures or reconstruction of structures shall conform to the following landscape provisions:

(1)

Preservation of natural resources. The site design shall minimize disruption of existing natural features, and wherever possible integrate them into the overall design. The following areas should be preserved as open space or shall be appropriately mitigated:

a.

Wetlands as regulated by the U.S. Army Corps of Engineers;

b.

Areas falling within a designated floodplain or floodway;

c.

Significant trees that measure ten inches or larger in diameter measured 4½ feet above grade;

d.

Steep slopes of 20 percent or more as measured over a ten-foot interval;

e.

Endangered wildlife habitats as identified by the federal and/or state department of natural resources.

(2)

Buffers. Landscape buffers shall be provided between adjacent uses and along major roadways as follows:

a.

Buffer between uses. Landscape buffers shall be required for all commercial, office, industrial and multifamily sites that abut single-family use through the use of landscape berms, plantings and/or fencing to achieve 100 percent screening year-round. Any berm shall be a physical barrier that blocks or screens the view similar to a hedge, fence or wall. Berms shall be constructed with proper and adequate plant material to prevent erosion.

b.

Buffer along major roadways. To improve the safety, appearance, and environment of the city, a landscape setback shall be provided and maintained on all properties adjoining the following streets:

1.

Route 47:

i.

North of I-80: 40 feet.

ii.

I-80 to Railroad Street: 20 feet.

iii.

Railroad Street to the Illinois River: 10 feet.

2.

Route 6: 20 feet.

3.

Granville Road, Ashton Road, Ashley Road, Gore Road, Minooka Road, Brisbin Road: 30 feet.

4.

Saratoga Road, Lisbon Road, Prologis Drive, Nelson Road, Airport Road, Gun Club Road: 20 feet.

5.

Edgewater Drive, Lakewood Drive, Deerpath Drive, Creek Drive: 20 feet.

c.

Where a greater setback is required by the zoning district regulations, or a planned development, the greater setback requirement shall apply. The landscape setback shall comply with the following:

1.

Except as otherwise provided, no parking or accessory buildings shall be permitted within the landscape setback area. Permitted signs and fencing are allowed within the landscape setback.

2.

The setback shall be devoted entirely to landscape areas except for sidewalks and necessary paving of driveways to reach the building and parking areas provided such driveways are generally perpendicular to the front lot line.

3.

The groundcover of the landscape area shall contain at least 75 percent live landscaping of which at least 25 percent consists of shrubs, trees, flowering plants, or other plant materials over 12 inches in height.

(3)

Landscape standards. The following requirements shall apply to all commercial, manufacturing and multifamily development and are cumulative:

a.

Multifamily. The applicant shall provide a minimum of one approved tree for each 1,000 square feet of landscape space.

b.

Commercial and manufacturing.

1.

The applicant shall provide a minimum of one approved tree for each 1,000 square feet of landscape space.

2.

All required setback areas and areas of a site not proposed to be improved with structures, paved areas, walks or other approved landscaping shall be planted in grass sod or seed unless otherwise approved by the development review committee.

3.

All parking lot areas shall be screened from view of adjacent properties and streets by approved shrubs that will attain a minimum height of three feet within three years or provide for a three-foot undulating berm or low wall/fence.

4.

Commercial and office developments shall incorporate required landscape islands that will correspond to an area of one parking space for every seven actual parking spaces exclusive of required buffer yards and foundation approved tree areas.

5.

Any required landscape islands shall be planted with a minimum of 2½-inch caliper canopy tree equivalents with preferred approved trees mix, including one canopy tree. Each canopy tree shall be provided with at least 300 square feet of previous ground area for root growth. This dimension shall be measured from the insides of the curbs.

6.

Commercial, office and industrial development shall provide foundation approved shrubs and/or perennials along any façade that exceeds 50 linear feet. Additionally, commercial, office and industrial developments shall provide a minimum of 2½-inch caliper canopy tree equivalent per 50 linear feet of building façade.

c.

Approved trees. The following shall constitute approved trees for inclusion in landscape plan required hereunder:

1.

Shade trees. Shade trees shall be permitted and shall be not less than 2½-inch caliper measured one foot from the ground, nor less than six feet in height. The following trees are prohibited: Soft maple, poplar, box elder, catalpa, tree of heaven, and ash, as consistent with the city subdivision regulations. Willow and mulberry trees may be used as decorative trees located so as to avoid shedding materials onto walks, drives, and parking areas. Existing trees that will be preserved may be counted as meeting the requirement for tree planting.

2.

Conifers. Conifers shall be permitted and shall not be any less than six feet in height.

3.

Ornamental trees. Ornamental trees shall be permitted and shall not be less than two inches in caliper measured one foot from the ground nor less than six feet in height.

d.

Replacements. Subsequent to the review and approval of such landscape plan and issuance of the building permit, the city building and zoning officer and/or city planner may approve minor deviations which do not substantially alter the plan, and which do not substantially diminish the intended benefits of such plan

(Code 2012, § 17.68.110; Ord. No. 3921, § 2, 6-4-2012; Ord. No. 4470, § 8, 9-7-2021)

(a)

Trash receptacles are required to be screened from view on all four sides. Enclosures surrounding trash receptacles shall provide a 100 percent visual screen and shall consist of a gate on one side and solid fence construction on the remaining three sides. The screening shall be constructed of the same principal material used on the principal structure. Shrubs and trees are desirable along an enclosure to help soften its appearance.

(b)

All exterior storage, including the storage of truck trailers or vehicles under repair, for commercial or industrial uses shall be screened as provided herein; screening shall be to an opacity of not less than 75 percent, six feet above grade and may be accomplished by berming, landscaping, neutral color fence or masonry wall construction.

(Code 2012, § 17.68.120; Ord. No. 3921, § 2, 6-4-2012)

Parking improvement standards. All off-street parking and drive areas shall be graded and paved or otherwise improved with bituminous concrete or Portland cement concrete or other dust-free, hard surface paving materials as approved by the development review committee. Parking stalls shall be identified by painted striping. Dimensions for stalls and drive aisles shall be in accordance with article XXIII of this chapter, as amended, and chapter 38. Handicapped parking shall be required in accordance with local, state and federal laws.

(Code 2012, § 17.68.130; Ord. No. 3921, § 2, 6-4-2012)

Vehicular ingress and egress points (curb cuts) to/from the site shall be no less than 50 feet from any street intersection (as measured from the property corner to the nearest side of the curb cut), nor closer than 75 feet to another curb cut on the same street. Curb cut widths shall be no less than 20 feet nor more than 40 feet in width. No more than two curb cuts per site shall be permitted.

(Code 2012, § 17.68.140; Ord. No. 3921, § 2, 6-4-2012)

(a)

All exterior lighting, except as hereby allowed, shall be fully shielded, directed downwards, and otherwise designed to avoid glare onto neighboring properties. The term "shielded" means that all bulb/light source and cover portion of a fixture that transmit light shall not extend beyond/below the opaque portion of such fixture so the bulb/light source is not visible from general side view.

(b)

All exterior lighting should balance the need of energy conservation with the needs of safety, security and decoration.

(c)

All exterior lighting shall be part of the site plan review process and all lighting fixtures, standards and all exposed accessories shall be concealed or harmonious with other project design materials. Subject to the approval of the development review committee, exterior decorative lighting shall be allowed in lieu of exterior lighting standards and fixtures.

(d)

In general, the height of exterior lighting features shall not exceed the predominant height of the principal buildings to which they relate.

(e)

Exterior lighting shall not be designed to permit adverse effects upon neighboring properties. Lighting designers shall identify the light cutoff angles for all sources of outdoor illumination.

(f)

As part of the site plan review, a photometric plan shall be submitted for the development review committee's review. Commercial, office and industrial sites shall incorporate a minimum of 0.05 of a footcandle at the property line.

(g)

Security wall-pack lighting on exteriors of structures that orient down at 45 degrees shall be prohibited.

(h)

Decorative lighting shall be provided for all projects located along the frontage of Route 47 between I-80 and the Illinois River. This lighting shall be consistent with the character of lighting in the downtown central shopping district.

(Code 2012, § 17.68.150; Ord. No. 3921, § 2, 6-4-2012; Ord. No. 4470, § 9, 9-7-2021)

(a)

The decision of the development review committee (DRC) may be appealed to the city council as a matter of right, and except as otherwise provided in subsection (b) of this section, any such appeal shall be required by the applicant to exhaust its administrative remedies before jurisdiction is vested in any other court or tribunal. An appeal may be initiated by the filing of a notice of appeal with the city clerk within 30 calendar days following the written decision of the development review committee. The notice of appeal shall specify that part of the decision of the development review committee which is being appealed and shall include ten copies of all documents which are being relied upon for any such appeal. The city council shall thereafter render its decision within 60 calendar days following the filing of a notice of appeal, and the failure of the city council to render a decision within such 60-day period shall be deemed a denial. The parties may extend such 60-day period by written agreement to a date certain. The city council may approve such site plan, approve with conditions or deny in whole or in part. The decision of the city council shall be final and shall be based upon a majority of a quorum.

(b)

An applicant will be deemed to have exhausted its administrative remedies if the city council denies an application for variance, and the DRC site plan denial is conditioned upon the subject matter of the variance.

(Code 2012, § 17.68.170; Ord. No. 3921, § 2, 6-4-2012)

(a)

An applicant for site plan review may request a variance from the requirements of this article. An application for variation shall be filed pursuant to section 48-2023. All applications for variances from this article shall be considered by the city zoning board of appeals. A public hearing shall be held before the zoning board of appeals and notice of any such public hearing shall be given pursuant to section 48-2168 and section 11-13-6 of the Illinois Municipal Code (65 ILCS 5/11-13-6), as may be amended from time to time. Following any such public hearing, the zoning board of appeals shall make findings of fact based upon the evidence presented during the public hearing. The findings of the zoning board of appeals and its recommendation to the city council shall be reduced to writing. The zoning board of appeals may recommend approval of the requested variance, may recommend with conditions, may recommend a denial of the requested variance or may transmit the application to the city council without a recommendation.

(b)

The written findings and recommendation of the zoning board of appeals shall be based upon one or more of the following criteria:

(1)

That the variance, if granted, will not negatively alter the essential character of the locality.

(2)

That the granting of the variance will not be detrimental to public welfare or otherwise injurious to the health, safety and the welfare of the general public.

(3)

That the variance will not impede the flow of traffic or otherwise substantially increase traffic volume in a manner that would be injurious to the public health, safety and welfare.

(4)

That the variance, if granted, would not create an undue hardship on neighboring properties as it relates to noise, vibration, light transmission or otherwise negatively impact properties which are located immediately adjacent to the subject property.

(5)

That the variance, if granted, would promote economic development, and commercial, industrial, or residential diversity within the corporate limits within the city.

(6)

That the variance, if granted, would promote the health, safety and welfare of the inhabitants of the city.

(c)

Issuance conditions. The zoning board of appeal may recommend such conditions as it may deem reasonable or necessary, except that any such issuance conditions shall be reasonably related to the relief requested by the applicant.

(d)

City council consideration. The city council, in considering the findings and recommendation of the zoning board of appeals may approve the requested variance, approve with conditions, deny the requested variance or return the variance application to the zoning board of appeals for further consideration and/or public hearing.

(e)

Reimbursement of costs and professional fees. The applicant shall be responsible for reimbursing the city for its costs and professional fees in connection with any such application for zoning variance pursuant to section 48-2147.

(Code 2012, § 17.68.175; Ord. No. 3921, § 2, 6-4-2012)

The downtown city design guidelines (exhibit A) as approved by the city council on June 3, 1997, are incorporated into the body of this article as though fully set forth herein. Such guidelines are intended to supplement the provisions of this article and shall be utilized to preserve the architectural and historic heritage of downtown city. Such guidelines shall only apply to the downtown development district as defined in the guidelines (page 3) and are provided only for illustrative purposes. In the event of a conflict between the downtown city design guidelines and the provisions of this article, the provisions of this article shall govern and control.

(Code 2012, § 17.68.180; Ord. No. 3921, § 2, 6-4-2012)

Any violation of the terms and provisions of this article shall constitute a violation of this chapter, and the penalty for any violation hereof shall be subject to the penalty provisions of article XXXV of this chapter, as amended.

(Code 2012, § 17.68.210; Ord. No. 3921, § 2, 6-4-2012)