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Oglesby City Zoning Code

CHAPTER 2

ZONING DISTRICTS

Sections:


14.02.010 - Residential districts.

(A)

Establishment of Districts: The following residential districts are established in the city of Oglesby:

Abbreviation District Name
RE Estate residential district
R1A Single-family residential district
R1 Single-family residential district
R2 Single-family residential district
R3 General residential district

 

(B)

District Descriptions:

1.

RE, Estate Residential District: The RE district is intended to accommodate the development of detached single-family houses on large, individual lots.

2.

R1A, R1, and R2, Single-Family Residential Districts: The R1A, R1 and R2 districts are intended to accommodate the development of single-family houses on lots of various sizes.

3.

R3, General Residential District: The R3 district is intended to accommodate a variety of housing types, including multi-family dwellings, attached residential dwellings such as townhouses, and detached single-family dwellings.

(C)

Allowed Uses: Uses are allowed in accordance with the use table in section 14.03.010 of this title.

(D)

Dimensional Standards: All development in residential districts must comply with the dimensional standards in section 14.04.010 of this title.

(E)

Additional Requirements:

1.

Only One Principal Building: Only one principal building may be located, erected, or moved onto any lot of record in any single-family residential district.

2.

Operational Performance Standards: All uses in the residential districts must comply with the operational performance standards in section 14.02.050 of this chapter.

3.

Outdoor Storage, Display and Work Areas: All allowed uses in all residential districts must be conducted within completely enclosed buildings unless otherwise expressly stated in this title.

14.02.020 - Commercial districts.

(A)

Establishment of Districts: The following commercial districts are established in the city of Oglesby:

Abbreviation District Name
B1 Downtown commercial district
B2 Community retail and service district
B3 Professional services district
B4 General commercial district

 

(B)

District Descriptions:

1.

B1, Downtown Commercial District: The B1 district is intended to accommodate retail and service businesses in pedestrian oriented, storefront style buildings with residential dwelling units above the ground floor.

2.

B2, Community Retail and Service District: The B2 district is intended to accommodate a wide variety of retail, service, and limited wholesale businesses of varying sizes that are primarily accessible to customers by motor vehicle.

3.

B3, Professional Office District: The B3 district is intended to accommodate professional office uses primarily in residential style structures and to serve as a transitional district between commercial areas and adjacent residential neighborhoods.

4.

B4, General Commercial District: The B4 district is intended to accommodate retail, service and limited wholesale businesses, including those with extensive outdoor sales areas or outdoor display of heavy equipment for sale or rent.

(C)

Allowed Uses: Uses are allowed in accordance with the use table in section 14.03.010 of this title.

(D)

Dimensional Standards: All development in commercial districts must comply with the dimensional standards in section 14.04.020 of this title.

(E)

Additional Requirements:

1.

B1 District Character Standards:

(a)

Building Location: All street facing building facades must be located within five feet of the sidewalk, with the exception that a maximum of fifty percent of any street facing facade may be set back farther than five feet from the sidewalk where the setback area is utilized for outdoor dining, public seating or other usable pedestrian oriented public space. Similarly, the first floor of the building may be set back if the public sidewalk is covered by a recessed entryway that is supported by structural elements of the building or overhanging upper stories that maintain the presence of the building up on the street.

(b)

Doors and Entrances: Buildings must have a primary entrance facing the street. Building entrances may include direct entrances to individual businesses, lobby entrances, or pedestrian oriented courtyards or plazas leading to multiple businesses.

(c)

Building Transparency: A minimum of sixty percent of the street facing facade between four feet and ten feet in height must consist of clear, nonreflective windows that allow views into the interior of the building.

14-2-2

(d)

Parking and Access: Off street parking must be located to the side or rear of the principal building on the lot. No curb cuts or driveway openings are permitted along the front property line when alternative access is possible, such as from an alley or side street.

(e)

Building Materials: The front exterior facade of buildings must be primarily clad with brick, stone, drivit, decorative concrete block or other natural materials. Plain concrete block and metal are prohibited on front facades, but may be used on interior, side and rear walls.

2.

B3 District Character Standard: The front exterior facade of buildings within the B3 district must be primarily clad with brick, stone, drivit, decorative concrete block or other natural materials. Plain concrete block and metal are prohibited on front facades, but may be used on interior, side and rear walls.

3.

Operational Performance Standards: All uses in the commercial districts must comply with the operational performance standards in section 14.02.050 of this chapter.

4.

Outdoor Storage, Display and Work Areas:

(a)

B1 and B3 Districts: All allowed uses in the B1 and B3 districts must be conducted within completely enclosed buildings unless otherwise expressly stated in this chapter.

(b)

B2 and B4 Districts: Outdoor storage, display and work areas are permitted, subject to the following requirements:

(1)

Maximum Size: Outdoor storage, display and work areas may cover no more than the following area on a lot:

B2 B4
Maximum percent of lot area 10 50

 

(2)

Screening: Outdoor storage areas must be screened in accordance with the requirements of chapter 6 of this title.

(F)

Agricultural Uses Permitted: Agricultural activities are a permitted use in all commercial districts under the Land Development Code until property located within the commercial district is developed for its intended zoning use.

(G)

Medical Cannabis Dispensaries: Additionally, medical cannabis dispensaries shall be allowed as a special use in any commercial district classification under the Oglesby, Illinois, Land Development Code, subject to the following special use conditions:

1.

The medical cannabis dispensary organization operating in strict compliance with the Compassionate Use of Medical Cannabis Pilot Program Act, as amended, and the regulations promulgated thereunder.

2.

A dispensary may not be located within one thousand feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility or another dispensary. A registered dispensing organization may not be located in a house, apartment, condominium or any area zoned for residential use.

3.

A dispensary may not be located in the offices of a physician.

4.

A dispensary may only be open to the public between the hours of eight o'clock a.m. and eight o'clock p.m. any day of the week, including holidays.

5.

A dispensary may not utilize amplified music outdoors.

6.

Medical cannabis inventory and cannabis infused products may not be displayed or stored in an area accessible to the public.

7.

A dispensary shall have appropriate security measures, in accordance with state regulations, to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis.

8.

Medical cannabis may not be consumed on the site of a dispensary.

9.

Exterior signage shall comply with the zoning ordinance, except that signs or exterior building surfaces depicting or simulating cannabis, cannabis infused products, smoking or cannabis paraphernalia shall not be permitted.

10.

The mayor and city council may condition a special use permit on a requirement that the dispensary organization defend and indemnify the city of Oglesby, and its officers and employees, from and against any claim arising from the organization's operations.

State Law reference— 210 ILCS 115.

14.02.030 - Industrial districts.

(A)

Establishment of Districts: The following industrial districts are established in the city of Oglesby:

Abbreviation District Name
M1 Limited manufacturing district
M2 General manufacturing district

 

(B)

District Descriptions:

1.

M1, Limited Manufacturing District: The M1 district is intended to provide for a wide range of light manufacturing, warehousing, wholesaling, office and support service uses whose operations have minimal impact on adjacent properties.

2.

M2, General Manufacturing District: The M2 district is intended to provide for those manufacturing, warehousing, wholesaling or transportation terminal uses whose operations have a greater impact on the surrounding area than those in the M1 district, including extensive outdoor storage and operations. It is also the intent of this district to ensure that intensive industrial operations are not conducted near residential areas.

(C)

Allowed Uses: Uses are allowed in accordance with the use table in section 14.03.010 of this title and any non-residential use allowed in commercial districts as defined in section 14.02.020 of this chapter is also allowed as a special use in any M1 or M2 district in accordance with the special use provisions set forth in section 14.11.040 of this title.

(D)

Dimensional Standards: All development in manufacturing districts must comply with the dimensional standards in section 14.04.020 of this title.

(E)

Additional Requirements:

1.

Operational Performance Standards: All uses in the industrial districts must comply with the operational performance standards in section 14.02.050 of this chapter.

2.

Outdoor Storage, Display and Work Areas: Outdoor storage, display and work areas are permitted in the M1 and M2 districts, subject to the following requirements:

(a)

Maximum Size: Outdoor storage, display and work areas may cover no more than the following area on a lot:

M1 M2
Maximum percent of lot area 20 80

 

(b)

Screening: Outdoor storage areas must be screened according to the requirements of chapter 6 of this title.

(F)

Permitted Uses in Industrial Districts: Agricultural activities are permitted in any industrial district under the Land Development Code of Oglesby, Illinois until such times as all or a portion of the land is developed for an industrial use in accordance with the Land Development Code of Oglesby, Illinois.

(G)

Medical Cannabis Cultivation Centers: A medical cannabis cultivation center operating in compliance with the Compassionate Use of Medical Cannabis Pilot Program Act as amended, and pursuant to the regulations promulgated thereunder, shall be deemed a special use in any M2 limited manufacturing district, subject to the following additional requirements which must be met in order to obtain a special use permit for a cannabis cultivation center:

1.

The cultivation center must be currently registered with the Illinois Department of Agriculture (or a successor agency) and be in good standing;

2.

A cultivation center may not be located within two thousand five hundred feet of the property line of a preexisting public or private preschool or elementary or secondary school or daycare center, daycare home, group daycare home, part day childcare facility or an area zoned for residential use;

3.

Medical cannabis inventory and cannabis infused products may not be displayed or stored in an area accessible to the public;

4.

A cultivation center shall have appropriate security measures, in accordance with state regulations, to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis;

5.

All cultivation of cannabis must take place in an enclosed, locked facility accessed by the department of agriculture during the registration process. The cultivation center location shall only be accessed by the cultivation center, department of agriculture staff performing inspections, department of public health staff performing inspections, law enforcement or other emergency personnel, and contractors working on jobs unrelated to medical cannabis, such as installing or maintaining security devices, performing electrical wiring, or other maintenance activities;

6.

Medical cannabis may not be consumed on the site of a cultivation center;

7.

Exterior signage shall comply with the Land Development Code, except that signs or exterior building surfaces depicting or simulating cannabis, cannabis infused products, smoking or cannabis paraphernalia shall not be permitted; and

8.

The mayor and city council may condition a special use permit on a requirement that the cultivation center organization defend and indemnify the city of Oglesby, and their officers and employees, from and against any claim arising from the organization's operation.

State Law reference— 210 ILCS 115.

14.02.040 - Agricultural district.

(A)

Establishment: The A agricultural district is hereby established in the city of Oglesby.

(B)

District Description: The A district is established to provide for agricultural activities and to serve as a "holding designation" for lands, pending rezoning to another zoning district.

(C)

Allowed Uses: Uses are allowed in accordance with the use table in section 14.03.010 of this title.

(D)

Dimensional Standards: All development in the agricultural district must comply with the dimensional standards in section 14.04.020 of this title.

(E)

Additional Requirements: All uses in the agricultural district must comply with the operational performance standards in section 14.02.050 of this chapter.

14.02.050 - Operational performance standards.

All uses in all districts must comply with the following standards unless any local, state or federal regulation establishes a more restrictive standard, in which case the more restrictive standard applies.

(A)

Noise:

1.

Applicability: No activity or use may be conducted in a manner that generates a level of sound greater than that allowed by this subsection. These regulations do not apply to the following:

(a)

Noises not directly under the control of the property owner or tenant;

(b)

Noises from safety signals, warning devices or emergency pressure release valves;

(c)

Noises from construction and maintenance activities between seven o'clock a.m. and nine o'clock p.m.; and

(d)

Noises from moving sources such as automobiles, trucks, railroads and airplanes.

2.

Maximum Noise Levels:

Center Frequency
(Cycles Per Second)
Maximum Permitted Sound Pressure Level (Decibels)
31.5 76
63 71
125 67
250 65
500 50
1,000 45
2,000 39
4,000 34
8,000 32

 

(B)

Heat and Vibration: No heat or vibration from any use may be detectable at any point beyond the property line of the lot where the use is located.

(C)

Dust and Air Pollution:

1.

Dust and other types of air pollution borne by the wind from sources such as storage areas, yards, roads and conveying equipment must be kept to a minimum by appropriate landscaping, screening, sheltering, paving, fencing, wetting, collecting or other means. No particulate matter may be visible to an observer looking directly upward at any point beyond the property line.

2.

This requirement does not apply when the wind speed is greater than twenty five miles per hour. Determination of wind speed will be by a one hour average or hourly recorded value at the nearest official station of the U.S. Weather Bureau or by wind speed instruments operated on the site.

(D)

Discharge and Disposal of Radioactive and Hazardous Waste: The discharge of fluid and the disposal of solid radioactive and hazardous waste materials must comply with all applicable local, state and federal regulations. No operation that produces radioactive or hazardous waste material may occur without prior notice to the zoning administrator. Notice must be given at least three weeks before the operation begins. Radioactive and hazardous material waste must be transported, stored and used in conformance with all applicable local, state and federal regulations.

(E)

Electromagnetic Interference: Electromagnetic interference may not adversely affect the operation of any equipment located beyond the property line of the lot where the interference originates.

(F)

Odors: The release of odorous or potentially odorous matter, either by bacterial decomposition or chemical reaction, that is perceptible from beyond the property line is prohibited.

(G)

Toxic Substances: The storage, handling or transport of toxic substances must comply with all State of Illinois Pollution Control Board requirements and all applicable local, state and federal regulations.

(H)

Water Pollution: All uses must comply with the State of Illinois Pollution Control Board Rules and Regulations, 35 Illinois Administrative Code, Subtitle C, "Water Pollution," and all applicable local, state and federal regulations.

(I)

Fire and Explosion Hazards: Materials that present potential fire and explosion hazards must be transported, stored and used only in conformance with all applicable local, state and federal regulations.