Quincy City Zoning Code

ZONING DISTRICTS

USE RESTRICTIONS

§ 162.015 GENERALLY.

(A) The use of premises in the city and all contiguous unincorporated territory within one and one-half miles of the city’s corporate limits are subject to the use restrictions herein set forth. Unless the context shall otherwise require, all headings contained in this subchapter, such as “residential uses” and “recreational and social facilities” are for convenience only and shall not be construed as necessarily allowing any and all uses of the general description in the particular zoning district involved irrespective of whether specified in the list of permitted uses under the category.

(B) Premises in the city and in the contiguous unincorporated territory within one and one-half miles of the city corporate limits shall be used for the following purposes as listed in this subchapter.

(1980 Code, § 29.201)

§ 162.016 RU1 DISTRICT.

In the RU1 District only the following uses are permitted:

(A) Residential. Single-family dwelling.

(B) Recreational and social facilities.

(1) Bike trails;

(2) Country clubs (private), including club houses, golf courses, driving ranges, tennis courts, swimming pools and other recreational facilities;

(3) Parks;

(4) Playgrounds;

(5) Private clubs, except skeet and gun clubs, provided that the chief activity of the club shall not be a service customarily carried on as a business, and provided further that the club’s facilities or grounds shall not be leased out for use by others or for purposes not directly and materially related to the club; and

(6) Riding stables and riding paths, provided that any building or enclosure housing animals shall be located at least 150 feet from all property lines.

(1) Farms, provided that no farm shall be operated either publicly or privately for the feeding or disposal of garbage, rubbish or offal and provided further that any structure or enclosure for the shelter of livestock or poultry shall be located not less than 150 feet from any street or lot line;

(2) Grain elevators and similar storage structures including buildings for temporary storage of grain;

(3) Greenhouses;

(4) Nurseries;

(5) Roadside stands offering for sale only farm products which are produced upon the premises, and which stands shall be removed during any period when they are not in use; and

(6) Truck gardens.

(D) Religious uses.

(1) Churches; and

(2) Convents, monasteries, rectories and similar religious institutions.

(E) Educational uses.

(1) Private schools with curriculum similar to public schools, but not business, trade or commercial schools; and

(2) Public schools.

(F) Miscellaneous.

(1) Hospitals and institutions of a not-for-profit educational, religious, charitable or philanthropic nature; provided, however, that the buildings shall not be located upon sites containing an area of less than five acres, they may not occupy over 20% of the total area of the lot, and the buildings shall be set back from all yard lines a distance of not less than two feet for each foot of building height;

(2) Kennels;

(3) Railroad tracks, but not including yards and similar facilities;

(4) Towers less than 50 feet in height located on the subject property not less than the tower height (plus five additional feet) from the nearest adjacent property line; and

(5) Veterinary hospitals.

(1980 Code, § 29.202) Penalty, see § 162.999

§ 162.017 RE1 DISTRICT.

In the RE1 District only the following uses are permitted:

(A) Residential uses.

(1) Residential uses permitted in the RU1 District; and

(2) Summer homes and cabins, which need not front upon a street or place.

(B) Recreational and social facilities.

(1) Recreational and social facilities permitted in the RU1 District;

(2) Bathing beaches and bathhouses, provided appropriate approval has been received from all applicable authorities;

(3) Boating docks;

(4) Marinas, providing for the sale or rental of boats, boating equipment and gas and oil for the boats; and

(5) Sale or leasing of fishing equipment and bait.

(D) Miscellaneous. Emergency equipment storage buildings.

(1980 Code, § 29.202) Penalty, see § 162.999

§ 162.018 RS, R1A, R1B AND R1C DISTRICTS (SINGLE-FAMILY DISTRICTS).

In the RS, R1A, R1B and R1C Districts, only the following uses are permitted:

(A) Residential uses. Single-family dwellings.

(B) Recreational and social facilities.

(1) Country clubs (private), including golf courses, driving ranges, tennis courts, swimming pools and other recreational facilities;

(2) Golf courses and accessory club houses except miniature or practice driving tees and lighted courses, provided no accessory club house is located nearer than 150 feet to the side or rear of lot lines;

(3) Parks;

(4) Playgrounds; and

(5) Towers less than 35 feet in height and located on the subject property not less than the tower height (plus five additional feet) from the nearest adjacent property line.

(D) Public and governmental land and buildings.

(1) Public libraries; and

(2) Community buildings, when publicly owned and operated, provided that the buildings are of standard construction.

(1980 Code, § 29.202) Penalty, see § 162.999

§ 162.019 R2 DISTRICT (TWO-FAMILY DISTRICT).

(A) Generally. In the R2 District there may be any uses permitted in RS, R1A, R1B and R1C Districts and, additionally, the following.

(B) Residential uses. Two-family dwellings.

(1980 Code, § 29.202) Penalty, see § 162.999

§ 162.020 R3 DISTRICT (MULTI-FAMILY DISTRICT).

In the R3 District, there may be any uses permitted in the R2 District and, additionally, the following:

(A) Residential uses.

(1) Boarding houses;

(2) Lodging houses;

(3) Multiple-dwellings;

(4) Rooming houses;

(5) Sleeping rooms;

(6) Tourist homes; and

(7) Special uses. The following special uses are permitted in the R3 District subject to the provisions of § 162.030 of this subchapter: group homes and halfway houses.

(B) Recreational and social facilities. Private clubs, except skeet and gun clubs, fraternities, sororities and lodges, provided that the chief activity of the club shall not be a service customarily carried on as a business, and provided further that the club’s facilities or grounds shall not a leased out for use by others or for purposes not directly and materially related to the club.

(1) Hospital (but not animal hospitals or animal clinics);

(2) Not-for-profit charitable, educational, religious or philanthropic institutions (but not institutions used primarily for penal or mental treatment);

(3) Nursing, convalescent or rest home; and

(4) Domestic violence shelters and homeless, emergency and transitional shelters:

(a) In order to ensure that a shelter does not adversely affect the residential neighborhood through concentration or improper operation, no shelter shall operate in the R3 District unless:

1. It is located upon a lot which is 800 feet from the property line of any other shelter including a group home or a halfway house.

2. Any shelter not in compliance with the above distance separation requirement may seek a special permit under § 162.030.

(b) The above shelter facility may be eligible for a special permit from the City Council after establishing the following:

1. Petitioners shall demonstrate that the proposed location and use will not have any adverse impact upon residents of nearby facilities when located within 800 feet of another facility; and

2. The proposed location will not have any detrimental affect upon the existing privacy, or injurious to the use and enjoyment of other property in the immediate vicinity or the environment of surrounding residences.

(1980 Code, § 29.202) (Ord. 9104, passed 4-2-2007; Ord. 9281, passed 11-9-2015; Ord. 9339, passed 7-16-2018) Penalty, see § 162.999

§ 162.021 NR DISTRICTS (NEIGHBORHOOD RESIDENTIAL DISTRICTS).

(A) Purpose. The NR1 (Neighborhood Residential 1) and NR2 (Neighborhood Residential 2) Districts are established as general residential districts which provide for a wide variety of dwelling accommodations. The NR2 District, additionally, allows selected commercial uses. These districts are considered particularly appropriate for, but are not limited to, undeveloped areas of multiple acres intended for residential use, for deteriorating residential areas and for areas of transition between nonresidential areas and single-family areas.

(B) Permitted uses. In the NR1 District, only the following permitted uses are allowed:

(1) Residential uses.

(a) Single-family dwellings;

(b) Two-family dwellings; and

(2) Additional uses in the NR2 District.

(a) In the NR2 District, the following permitted uses are allowed in addition to those permitted in NR1 District, provided, that the sale of alcoholic beverages shall not be permitted (except by special permit).

(b) Residential uses.

1. Group homes or half-way houses; and

2. Multiple-dwellings regardless of the number of units.

(3) Sale of goods and products primarily at retail as follows (and none others).

(a) Bakeries, provided that not more than five persons are employed or utilized (in any capacity) on the premises at any one time;

(b) Book and stationery stores;

(d) Camera and photographic supply stores;

(e) Candy and confectionery stores;

(f) Catalog stores;

(g) Coin, philatelic, stamp and numismatic stores;

(h) Dairy products stores;

(i) Delicatessens;

(j) Drug stores and pharmacies;

(k) Dry goods stores;

(l) Florist shops;

(m) Food stores, grocery stores, meat markets, fish markets;

(n) Gift shops;

(o) Haberdasheries;

(p) Hobby shops;

(q) Ice and milk shops;

(r) Ice cream stores;

(s) Jewelry stores;

(t) Leather goods and luggage stores;

(u) Millinery shops;

(v) Musical instrument sales and repair;

(w) Newsstand;

(x) Notion store;

(y) Office supply stores and repair of office equipment, provided the repair is clearly secondary to the primary use;

(z) Orthopedic and medical appliance stores, but not including the assembly or manufacture of the articles;

(aa) Phonograph records, tape and sheet music stores;

(bb) Radio and television sales and service, providing any repair service is clearly secondary to the primary use;

(cc) Radio and television service, provided that not more than five persons are employed or utilized (in any capacity) on the premises at any one time;

(dd) Restaurants;

(ee) School supply stores; and

(ff) Shoe stores.

(4) Service uses as follows (and none others).

(a) Artist’s studios;

(b) Barber shops;

(d) Blueprinting and photostatting establishments;

(e) Clothes pressing establishments, provided that not more than ten persons are employed or utilized (in any capacity) on the premises at any one time;

(f) Credit unions;

(g) Dry cleaners and laundries including drive-in facilities, provided that not more than ten persons are employed or utilized (in any capacity) on the premises at any one time;

(h) Locksmith shops;

(i) Photographic studios; and

(j) Telegraph offices.

(5) Educational institutions as follows (and none others).

(a) Dance schools;

(b) Dance studios; and

(6) Health, medical and care institutions as follows (and none others).

(a) Chiropodist’s offices;

(b) Chiropractor’s offices;

(d) Medical clinics;

(e) Dentist’s offices;

(f) Doctor’s, surgeon’s and physician’s offices;

(g) Optician’s offices;

(h) Osteopath’s offices; and

(i) Podiatrist’s offices.

(7) Offices involving no retail sales including but limited to.

(a) Accountant’s offices;

(b) Architect’s offices;

(d) Auditor’s offices;

(e) Bookkeeping service offices;

(f) Business and professional offices, miscellaneous;

(g) Chamber of Commerce offices;

(h) Detective agencies;

(i) Security service offices;

(j) Employment agencies;

(k) Engineer’s offices;

(l) Insurance agencies;

(m) Labor unions and organization offices;

(n) Land surveyor’s offices;

(o) Merchant’s associations;

(p) Not-for-profit organization offices;

(q) Political organization offices;

(r) Real estate offices;

(s) Regional sales offices;

(t) Secretarial services offices; and

(u) Security and commodity broker offices.

(1) No special permit shall be granted pursuant to § 162.030 or planned developments approved pursuant to §§ 162.150 through 162.166 for NR1 and NR2 Districts, except for the following in the NR1or NR2 Districts:

(a) Nursery, pre-kindergarten, kindergarten, play, special and other private schools, and day care centers providing care for eight or more children;

(b) Hospitals and nursing homes, educational, religious and philanthropic institutions and senior citizens public housing, public welfare facilities;

(d) Boarding houses;

(e) Lodging houses;

(f) Rooming houses;

(g) Sleeping rooms;

(h) Tourist homes; and

(i) Bed and breakfast homes.

(2) Additionally, in the NR2 District: sale of alcoholic beverage.

(3) Uses granted by special permit or planned development shall not be treated as nonresidential uses for purposes of determining the 10% density under division (D) below.

(D) Density restrictions. Uses in the NR1 and NR2 Districts are regulated by density. In this regard, the following specific provisions shall apply:

(1) For each single-family dwelling located on a zoning lot, there shall be a minimum of 6,000 square feet of gross zoning lot area;

(2) For dwellings or uses other than single-family dwellings, there shall be a minimum of 6,000 square feet of gross zoning lot area for one living unit or other individual or separate use, plus 2,000 square feet of gross zoning lot area for each additional living unit or other individual or separate use;

(3) For rooming houses, sleeping rooms, tourist homes and group homes or halfway houses, if allowed by special permit, there shall be a minimum of 6,000 square feet of gross zoning lot area, plus a minimum of 500 square feet for each person to occupy the premises on a residential basis in excess of those allowed in a single-family dwelling;

(4) In determining whether density requirements have been satisfied, areas dedicated or proposed to be dedicated for streets shall not be considered; and

(5) In the NR2 District no specific additional area is required. However, nonresidential uses permitted may not occupy more than 10% of the area contained in the zoning tot, including area devoted to parking for or accessory to the uses.

(E) Subdivision. A zoning lot developed within a NR1 or NR2 District need not remain under single ownership after being developed. Rather, it may be subdivided in accordance with Chapter 161, if applicable, or other applicable laws, ordinances, rules or regulations.

(F) Minimum area requirements. No minimum area requirements are imposed on zoning lots to be zoned NR1. No zoning lot or lots of less than 30,000 square feet shall be zoned NR2.

(1980 Code, § 29.202) (Ord. 9511, passed 1-7-2025) Penalty, see § 162.999

§ 162.022 C1A DISTRICT.

In the C1A District there may be only the following uses:

(A) Residential uses as follows (and none others).

(1) Single-family dwellings; and

(2) Two-family dwellings.

(B) Sale of goods and products primarily at retail as follows (and none others).

(1) Art galleries;

(2) Hearing aid stores;

(3) Optician sales, retail; and

(4) Picture framing; when conducted for on-premise retail trade.

(1) Artist’s studios;

(2) Credit unions;

(3) Photographic studios; and

(4) Telegraph offices.

(D) Educational institutions as follows (and none others).

(1) Dance schools;

(2) Dance studios; and

(3) Music studios.

(E) Health, medical and care institutions as follows (and none others).

(1) Chiropodist’s offices;

(2) Chiropractor’s offices;

(3) Dental clinics;

(4) Medical clinics;

(5) Dentist offices;

(6) Doctor’s surgeon’s and physician’s offices;

(7) Optician’s offices;

(8) Osteopath’s offices;

(9) Podiatrist’s offices; and

(10) Domestic violence shelters and homeless, emergency and transitional shelters.

(F) Offices involving no retail sales including but not limited to.

(1) Accountant’s offices;

(2) Architect’s offices;

(3) Attorney’s or law offices;

(4) Auditor’s offices;

(5) Bookkeeping service offices;

(6) Business and professional offices, miscellaneous;

(7) Chamber of Commerce offices;

(8) Detective agencies;

(9) Security service offices;

(10) Employment agencies;

(11) Engineer’s offices;

(12) Insurance agencies;

(13) Labor unions and organization offices;

(14) Land surveyors offices;

(15) Merchants’ associations;

(16) Not-for-profit organization offices;

(17) Political organization offices;

(18) Real estate offices;

(19) Regional sales offices;

(20) Secretarial services offices;

(21) Security and commodity broker offices; and

(22) Towers less than 50 feet in height and located on the subject property not less than the tower height (plus five additional feet) from the nearest adjacent property line.

(1980 Code, § 29.202) Penalty, see § 162.999

§ 162.023 C1B DISTRICT.

In the C1B District, in addition to the uses permitted in RS, R1A, R1B, R1C, R2, R3 and C1A, there may also be the following uses, provided however that the sale of alcoholic beverages shall not be permitted (except by special permit) and there shall be no outside storage permitted:

(A) Sale of goods and products primarily at retail as follows (and none others).

(1) Antique shops;

(2) Appliance shops;

(3) Art supply stores;

(4) Bicycle sales and repair shops, provided that not more than five persons are employed or utilized (in any capacity) on the premises at any one time;

(5) Book and stationery stores;

(6) Business machine sales and service;

(7) Camera and photographic supply stores;

(8) Candy and confectionery stores;

(9) Carpet and rug cleaning;

(10) Carpet and rug stores;

(11) Catalog stores;

(12) Catering establishments;

(13) China and glassware stores;

(14) Coin, philatelic, stamp and numismatic stores;

(15) Dairy products stores;

(16) Delicatessens;

(17) Department stores;

(18) Drapery stores;

(19) Drug stores and pharmacies;

(20) Dry good stores;

(21) Household appliance stores and service, provided any repair service is clearly secondary to the primary use;

(22) Household appliance repair, provided that not more than five persons are employed or utilized (in any capacity) on the premises at one time;

(23) Extermination shops;

(24) Florist shops and conservatories;

(25) Food stores, grocery stores, meat markets, fish markets;

(26) Furniture stores;

(27) Furrier shops, including the incidental storage and conditioning of furs;

(28) Garden supply and seed stores, including strictly lawn and garden equipment, but not farm machinery or supplies;

(29) Gift shop;

(30) Haberdasheries;

(31) Hardware stores;

(32) Hobby shops;

(33) Ice and milk shops;

(34) Ice cream stores;

(35) Jewelry stores;

(36) Leather goods and luggage stores;

(37) Linoleum and tile stores;

(38) Mail order house;

(39) Millinery shops;

(40) Musical instrument sales and repair;

(41) Newsstands;

(42) Notion stores;

(43) Office supply stores and repair of office equipment provided the repair service is clearly secondary to the primary use;

(44) Orthopedic and medical appliance stores, but not including the assembly or manufacture of the article;

(45) Paint and wallpaper stores;

(46) Pawn shops;

(47) Pet stores;

(48) Phonograph record, tape and sheet music stores;

(49) Plumbing and heating showrooms, but not shops;

(50) Radio and television sales and service, provided any repair service is clearly secondary to the primary use;

(51) Radio and television service, provided that not more than five persons are employed or utilized (in any capacity) on the premises at any one time;

(52) Restaurants;

(53) Retail outlet stores, accessory to manufacturing or wholesale establishment;

(54) School supply stores;

(55) Second hand stores;

(56) Shoe stores;

(57) Sporting goods stores;

(58) Tobacco shops;

(59) Toy stores;

(60) Trading stamp stores; and

(61) Wearing apparel shops.

(B) Service uses as follows (and none others).

(1) Animal hospitals; for care and treatment of domestic pets and animals only, where there are no open kennels;

(2) Banks including drive-in facilities;

(3) Barber shops;

(4) Beauty parlors;

(5) Blueprinting and photostatting establishments;

(6) Clothes pressing establishments, provided that not more than ten persons are employed or utilized (in any capacity) on the premises at any one time;

(7) Clothing and shoe tailoring or repair, provided that not more than five persons are employed or utilized (in any capacity) of the premises at any one time;

(8) Clothing rental agencies;

(9) Currency exchange;

(10) Dry cleaners and laundries including drive-in facilities, provided that not more than ten persons are employed or utilized (in any capacity) on the premises at any one time;

(11) Financial institutions;

(12) Funeral parlors and undertaking establishments;

(13) Investment companies;

(14) Loan companies;

(15) Locksmith shops;

(16) News syndicates;

(17) Newspaper distribution agencies;

(18) Parking lots, open for storage of automobiles;

(19) Personnel training centers;

(20) Photo processing and film printing businesses;

(21) Radio service and repair shops;

(22) Recording studios;

(23) Savings and loans; including drive-in facilities;

(24) Taxidermists;

(25) Television service and repair shops;

(26) Travel agencies and bureaus and transportation ticket offices;

(27) Water softener service;

(28) Window cleaning firms; and

(29) Limousine and taxicab services.

(1) Athletic schools;

(2) Business college;

(3) Commercial schools;

(4) Trade schools; and

(5) Vocational schools.

(1980 Code, § 29.202) (Ord. 8899, passed 1-29-2001; Ord. 9207, passed 2-28-2012) Penalty, see § 162.999

§ 162.024 C2 DISTRICT.

In the C2 District, in addition to the uses permitted in RS, R1A, R1B, R1C, R2, R3, C1A and C1B, there may also be:

(A) Sales of goods and products primarily at retail as follows (and none others).

(1) Auction rooms/house, but not for animals or livestock;

(2) Automobile parts and accessories dealers, including installation providing the installation services are clearly secondary to the primary use;

(3) Automobile vehicle sales and service (See also division (B) below);

(4) Bakeries, provided that not more than five persons are employed or utilized (in any capacity) on the premises at any one time;

(5) Bars and cocktail lounges, including live entertainment and dancing;

(6) Boat and marine showrooms, sales and service;

(7) Bottled gas dealers;

(8) Camper and recreational vehicles sales and service;

(9) Farm supplies;

(10) Feed stores;

(11) Frozen food stores, including locker rental in conjunction therewith;

(12) Mobile home dealers;

(13) Model home or garage displays;

(14) Motorcycle and ATV sales and service;

(15) Package liquor stores;

(16) Restaurants, including live entertainment, dancing and/or the service of alcoholic beverages;

(17) Snowmobile sales and service;

(18) Swimming pools sales and service;

(19) Taverns;

(20) Truck sales and service, provided the service is clearly secondary to the primary use, and not including truck terminals;

(21) Medical cannabis dispensary center, provided that the center may not be located within 1,000 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility. A dispensing center may not be located in a house, apartment, condominium, or an area zoned for residential use; and

(22) Adult-use cannabis dispensing organization shall comply with the following:

(a) Dispensing facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed day care center, license day care home, license residential care home. Learning centers and vocational/trade centers shall not be classified as public or private school for purpose of the section.

(b) Dispensing facility shall not be located in a dwelling unit.

(c) Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.

(d) At least 75% of the floor areas of any tenant space occupied by a dispensing facility organization shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”).

(e) Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(f) Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(B) Service uses as follows (and none others).

(1) Automobile driving schools;

(2) Automobile and motor vehicle washing facilities for not more than four vehicles;

(3) Automobile rentals;

(4) Automobile repair facilities which provide engine tune-up and replacement of parts such as alternators/generators, batteries, belts, exhaust, radiators, hoses, tires, transmissions, wheel alignment for balancing, brake service and suspension, excluding auto body repair painting, frame straightening and machining of parts;

(5) Automobile service stations, for the retail sale and dispensing of fuel, lubricants, coolants, tires, batteries, minor accessories and supplies including installation and minor services customarily incidental hereto; facilities for chassis and gear lubrication and for washing of not more than four vehicles are permitted only if enclosed in a building;

(6) Automobile sales, new or used. For franchise automobile dealers (as hereinafter defined) the uses shall include, as an accessory use only, automobile repair and service shops, including body repair and painting, provided accessory use is further subject to the following additional conditions and restrictions. Any accessory repair and service shop use shall not exceed 25% of the zoned lot. Accessory automobile repair and service use includes the right to temporarily store vehicles intended for repair, maintenance or service, but does not include or permit the storage or maintenance of vehicles primarily intended for salvage or junk or for use of parts for other vehicles. All body repair, painting, service or maintenance, shall take place or be performed within enclosed buildings. Where any permitted accessory use is not within an enclosed building (for example, the temporary storage of vehicles being repaired) and the use abuts a residential district at a side or rear lot line only by an alley, the accessory use shall be effectively screened from the abutting residential district by a solid wall or fence at least eight feet in height extending along the rear or side lot line. As used herein FRANCHISE AUTOMOBILE DEALERS shall mean a person, business or entity engaged in the business of the retail sale of new automobiles pursuant to a license or franchise agreement with an automobile manufacturer;

(7) Cartage and express facilities, trucks not over one and one-half tons capacity;

(8) Clothing and shoe tailoring, sewing, stitching, repair, manufacturing, production and assembly provided that not more than ten persons are employed or utilized (in any capacity) on the premises at any one time;

(9) Electrical shops;

(10) Equipment rental and leasing service;

(11) Furnace, heating, air-conditioning and refrigeration shops, supplies and service;

(12) Furniture cleaning, repair and upholstering;

(13) Interior decorating studios, including upholstering and making of draperies, slip covers and other similar articles, when conducted as part of the retail operations and secondary to the principal use;

(14) Lawnmower sales and repair shops;

(15) Linen, towel, diaper and other similar supply services;

(16) Office equipment repair;

(17) Parcel delivery service;

(18) Parking lots, open for storage of private passenger automobiles;

(19) Parking lots, commercial, enclosed parking;

(20) Print shops, provided not more than ten persons are employed or utilized (in any capacity) on the premises at any one time;

(21) Plumbing shops, provided not more than ten persons are employed or utilized (in any capacity) on the premises at any one time;

(22) Sewer and septic tank cleaning and rodding service;

(23) Sheet metal shops, provided not more than ten persons are employed or utilized (in any capacity) on the premises at any one time;

(24) Theatres, indoor only;

(25) Tire, tire retreading and repair shops, provided not more than ten persons are employed or utilized (in any capacity) on the premises at any one time; and

(26) Towing service.

(1) Circuses, carnivals and similar entertainment activities, provided that the same shall be of a strictly temporary nature and in no event exceeding seven consecutive days for any individual event; and

(2) Recycling collection centers for aluminum cans, glass and/or paper products, but only if clearly incidental or subordinate to a commercial use otherwise allowed in the C2 District and not nearer than 50 feet of a residentially zoned area, provided there shall be no open storage of cans, glass or paper products.

(1980 Code, § 29.202) (Ord. 8899, passed 1-29-2001; Ord. 8915, passed 7-9-2001; Ord. 9260, passed 8-4-2014; Ord. 9388, passed 9-16-2019) Penalty, see § 162.999

§ 162.025 C3 DISTRICT (PLANNED COMMERCIAL DISTRICT).

In the C3 District, there may be any of the uses set forth in the above sections, subject to the following.

(A) Generally. A C3 District shall be laid out and developed as a unit according to a plan approved by the Council for the purpose of providing modern shopping facilities of integrated design in appropriate locations to serve residential neighborhoods. The uses allowed shall be limited to those contemplated by the original plan or any amendment thereof.

(B) Plan and procedures. Before the district is established, the person or persons desiring to use and develop the land shall submit a plan to the Commission showing in detail the manner in which the land is to be used, the location, character and appearance of buildings, parking areas, service areas, walks, lighting and appurtenant facilities the provisions for grass, trees, shrubs and other landscaping adjacent to the surrounding property and all other material information. If the Commission reports to the Council that the plan complies with all regulations of this chapter, is in the best interests of the city, will not adversely affect adjacent property values and is consistent with the public interest and purposes of this section, then the Council may approve the district and plan, and building and occupancy permits may be issued to carry out the approved plan.

(C) Conditions and guarantees. Prior to approving any plan, the Plan Commission may recommend, and the City Council may stipulate, conditions and restrictions upon the establishment, location, construction, maintenance and operation of the use or uses as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements as specified herein, or as may be from time to time required. In all cases in which a C3 District is approved, the City Council shall require evidence and guarantee as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be complied with. All conditions and guarantees must be fully complied with prior to the use or uses commenced. If conditions, guarantees or specific conditions are not complied with, the use shall be immediately terminated. The City Council may also revoke any use for a failure to comply. In that event the zoning shall revert to its former zoning.

(D) Special condition. All plans approved hereunder shall be subject to the specific condition that if actual construction of buildings is not begun and thereafter actively pursued within two years of the date of approval by the City Council, the district shall automatically revert to the same zoning classification existing prior to the approval, provided that the City Council may extend the time periods as it shall deem appropriate. Actual construction of buildings shall require, at a minimum, actual work on the components of the building and not mere land preparation and architectural planning.

(E) Amendment. Plans may be amended by the same procedure by which they are originally approved. Any material change in the plan or use must be approved. Notwithstanding anything herein to the contrary, a strictly temporary use or activity otherwise permitted in a C2 District shall not require a plan amendment although not contemplated or set forth in the plan.

(1980 Code, § 29.202) Penalty, see § 162.999

§ 162.026 DOWNTOWN DISTRICTS.

(A) General standards for all downtown districts. All nonresidential uses of structures and land in the downtown district are subject to the general standards and regulations of this chapter. In addition, all uses located in the downtown districts shall be subject to the following district standards.

(1) Outdoor storage. No outdoor storage of goods or materials shall be permitted unless permitted by a special use permit as specified in this chapter. When approved via a special permit, outdoor storage areas shall be screened by a six-foot tall wooden sight proof fence as approved on the site development plan.

(2) Adult uses. No adult uses as defined in § 162.001 of this chapter shall be permitted in any downtown district.

(3) Accessory buildings, structures and uses. No automatic vending machines dispensing food or drink items shall be permitted on the exterior of any structure. All uses shall conform to the requirements for accessory buildings, structures and uses as set forth in §§ 162.110 through 162.113.

(4) Site plan review. To ensure compliance with the applicable provisions of this chapter, any exterior building construction or site improvements, or increase in the intensity of an existing use, including variances and special uses, but excluding normal maintenance activity, in the downtown districts shall require site plan review prior to the issuance of a building permit. Building elevations and scaled drawings prepared by a professional must be submitted showing dimensions, area and specification of building materials for proposed storefront improvements. This process shall ensure that new development proposals are in full compliance with all applicable city codes, ordinances, standards and policies. Development proposals, which are located within existing buildings or result in the redevelopment of existing properties, shall comply with those city requirements and policies as specified by the municipal code of the city.

(5) Definitions. For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The following definitions shall apply to the interpretation and enforcement of this section.

ABRASIVE CLEANING. Any method utilized to clean a building exterior causing the wearing of the building’s material surface. An example of an ABRASIVE CLEANING method is the use of sandblasting.

STOREFRONT. The first story of the facade of a commercial establishment facing the street. A STOREFRONT usually incorporates a main entrance and large display windows.

STORY. The portion of building between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above.

(6) Setbacks and street wall alignment.

(a) In the D1 District all structures shall be built to the street right-of-way unless the adjoining structures are set back from the street right-of-way. Where no structures exist on a block, new structures shall be built to the street right-of-way line. Where adjoining buildings are set back from the right-of-way line, new structures shall be set back the same distance as the adjoining building located closest to the street right-of-way. On corner lots, new structures shall be built out to the street right-of-way of both streets.

(b) All structures in the D2, D3, D4 and D5 Districts shall be set back the same distance as the adjoining buildings. If the adjoining structures are set back different distances, new construction shall be set back the average distance between the new structures or set back the same distance as the adjoining structure located closest to the street right-of-way. If no structures are located on the block, the setback shall mirror the setback of the structures across the street. If none of these provisions apply, the setback shall be as established on the site development plan.

(c) Where a side or rear yard in a downtown district is adjacent to a residential district, the yard shall have a width or depth of ten feet and provide sight proof landscaping and/or fencing to screen the use from adjacent properties as approved on a site plan per requirement in §§ 162.280 through 162.285.

(7) Building standards. All nonresidential uses of structures in the D1, D2, D3 and D4 Downtown Districts, and all residential structures having more than four dwelling units in the D1, D2, D3 and D4 Downtown Districts, are subject to the general standards and regulations of this section. Any new structures or alterations to the exterior of any existing nonresidential structure, other than routine maintenance, shall comply with the following design standards.

(a) Building height. All new structures constructed within the D1 District shall be two stories in height and shall have a front facade of at least 24 feet in height. If the proposed structure is a single story structure, it shall have a false facade in compliance with division (A)(7)(d) below of this section. Unless otherwise provided by this section, building heights shall not exceed a height of five stories or 60 feet.

(b) Building width. New buildings greater than 30 feet in width shall have facades visually subdivided into proportional bays. The proportional bays shall not exceed 30 feet.

(c) Roof forms. Rooflines of new construction shall be similar to rooflines of adjacent buildings with historically appropriate roof forms. Gable roof shapes are permitted if parapet walls hide the end wall and water drainage is contained within the property. Rooflines of rear additions shall be lower than the roof line of the main structure.

(d) Windows.

1. Windows in commercial structures.

a. Upper story windows. Proportions of upper story window openings shall be similar to the proportions of adjacent historically appropriate buildings. Upper story window openings shall appear as punched openings within a solid wall, with glazing set back from the exterior wall surface.

b. First floor storefronts. New storefronts and replacement storefronts in the D1 District shall maintain the basic features of a historic storefront: display windows resting upon bulkheads; entrances flanked by piers or columns; and transoms and belt courses above the display windows and entrance. At least 80% of the area of the first floor storefront shall be glass.

c. In all downtown districts at least 30% of the first floor area of any structure shall be glass. At no time shall the glass area exceed 80% of the first floor area.

d. Replacement windows shall reflect the design of the original building or period style if known.

e. Window openings blocked or screened by concrete units, brick, plywood or other materials shall be reopened to reestablish the original rhythm of the voids on any street facade.

2. Windows in new residential structures. Proportions of window openings in new residential structures or uses shall be similar to the proportions of window openings of adjacent historically appropriate buildings. Window openings shall appear as punched openings within a solid wall, with glazing set back from the exterior wall surface.

3. Industrial structures. Industrial structures shall maintain existing window openings.

(e) Exterior materials.

1. New construction materials. Brick, stone, exterior insulation finish systems (“Dryvit”) or split-faced concrete block shall be used as construction material for front facades and side-street-facing facades.

2. Rehabilitation construction materials. When rehabilitating existing structures, brick or stone shall be utilized to closely match the historically appropriate building materials. Upon site plan review split-faced concrete block may be used as an alternative when colored to match the historically appropriate materials.

3. Detailing materials. Cast and molded metals, wood, structural glass when replicating a historically appropriate storefront design, fiberglass replications of architectural details or architecturally detailed exterior insulation systems shall be used as detailing materials or visible exteriors of new or rehabilitated buildings.

4. Prohibited exterior materials. Unless used to replicate a historically appropriate design, the following materials are prohibited from use on visible exteriors of new or rehabilitated buildings. wood, vinyl or aluminum siding, wood, asphalt or fiberglass/asphalt shingles; structural ribbed metal panels; plywood or plastic sheathing; reflective and mirrored glass; unfinished metal.

(f) Abrasive cleaning methods. The use of abrasive cleaning methods, for example sandblasting, on the masonry exterior of any structure in the downtown district is prohibited.

(g) Variances. Where exceptional or unusual conditions exist appeals for variation to these restrictions shall be heard by the Board of Zoning Appeals who shall in turn make recommendation, consistent with the aesthetic character of the downtown districts, to the City Council.

(8) Signs. Signs for the downtown districts shall conform to the requirements of § 162.265.

(9) Parking. All uses within the downtown districts shall provide parking in compliance with §§ 162.090 through 162.099 of this chapter except the following provisions shall be adhered to:

(a) No parking spaces shall be permitted in front of a structure in the D1, D2, D3 and D4 districts unless located within a public right-of-way;

(b) When no structure exists on a property, all off-street parking facilities shall provide adequate landscaping and/or iron, brick or natural stone fencing between six inches and 42 inches in height at the build line as approved by the Department of Planning and Development on the site development plan;

(c) Existing buildings not complying with off-street parking requirements (as of the effective date of this chapter) may be remodeled, repaired, structurally altered and change use without complying with the minimum parking standards. If a structure is enlarged in any way, parking must be provided for the area of the enlargement in compliance with §§ 162.090 through 162.099 of this chapter.

(d) Where parking is provided in a downtown district adjacent to a residential district, all parking spaces, loading spaces and drives shall be set back from the residential district ten feet. This setback shall provide sight proof landscaping and/or fencing to screen the use from adjacent properties as approved on a site plan per requirements in §§ 162.280 through 162.285.

(10) Landscaping. When any construction, alteration or change in use in a downtown district requires site plan review, a landscaping plan shall be included with the site plan.

(11) Height, yard and area requirement. Unless otherwise noted in the downtown district regulations, height, yard and area requirements for all lots and structures shall conform to §§ 162.045 through 162.048, 162.060 through 162.063 and 162.075 through 162.077 of this chapter.

(12) Transmission and receiving apparatus. Any transmission or receiving apparatus is permitted as an accessory use on top of any downtown building. The equipment shall not exceed a height greater than 15 feet higher than the building. The equipment shall be screened from the street level as approved by the Director of Planning and Development.

(13) Existing uses. Any permitted existing use, located in a downtown district prior to August 1, 1998 shall be permitted by special use permit.

(B) D1 Downtown Retail District.

(1) Intent and purpose. The D1 Downtown Retail District is a district intended to accommodate a wide variety of retail commercial uses, including both convenience retail and those which attract shoppers from a larger market area. The street level areas of all buildings shall be utilized for retail and retail service type uses to promote active street level uses and a retail core in the central business district. Uses above the street level shall provide a wider range of services and customer needs. Residential uses shall be encouraged on the upper floors of buildings to provide pedestrian activity in this retail core area after business hours.

(2) Primary permitted uses. The following uses shall be permitted within the D1 District:

(a) Bars and taverns;

(b) Educational institutions;

(d) Health clubs;

(e) Lobbies and public spaces when located within an office building or an apartment building;

(f) Off-street parking lots, excluding the sale or storage of vehicles;

(g) Personal service establishments;

(h) Professional offices;

(i) Public offices and facilities;

(j) Religious institutions;

(k) Repair shops for small appliances and personal electronics;

(l) Restaurants (except those with drive-through services);

(m) Retail sales;

(n) Theaters;

(o) Accessory uses customarily incidental and subordinate to the services;

(p) Limousine and taxicab services;

(q) Artists, music and dance studios;

(r) Hotels, photography studio, radio and television studios;

(s) Accessory uses customarily incidental and subordinate to the principal use it serves;

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

(u) Domestic violence shelters and homeless, emergency and transitional shelters; and

(v) Adult-use cannabis dispensing organization shall comply with the following:

1. Dispensing facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed day care center, licensed day care home, and licensed residential care home. Learning centers and vocational/trade centers shall not be classified as public or private school for purpose of the section.

2. Dispensing facility shall not be located in a dwelling unit.

3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.

4. At least 75% of the floor areas of any tenant space occupied by a dispensing facility shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”).

5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

6. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(3) Secondary uses. The following uses shall be permitted above or below the street level of all structures within the D1 District: Residential units.

(4) Special uses. The following special uses are permitted in the D1 District subject to the provisions of § 162.030 of this chapter:

(a) Automobile sales and service;

(b) Drive-up banking facilities including automated and teller operated facilities;

(d) Hotels when no primary permitted uses of the district are provided on the street level;

(e) Indoor recreation facilities;

(f) Mortuary;

(g) Motels;

(h) Sales of automotive parts;

(i) Secondary permitted uses when located on the first floor of a structure;

(j) Vocational schools and other private for profit schools; and

(k) Nightclubs and cabarets.

(5) Height requirement. No structure shall be permitted less than 25 feet or two stories in height. Any structure over five stories or 60 feet in height shall be permitted through the special use permit procedure in § 162.030 of this chapter.

(1) Intent and purpose. The D2 Downtown General Business District is a district intended to accommodate a wide variety of traditional downtown commercial uses, including retail, office, institutional and service uses.

(2) Permitted uses. The following uses shall be permitted within the D2 District:

(a) Artist, music and dance studios;

(b) Banquet facilities;

(d) Child care centers;

(e) Contractor’s offices with indoor storage, including plumbing, electric, heating and cooling contractors;

(f) Equipment rental and leasing service;

(g) Essential public utility facilities;

(h) Financial institutions, including freestanding automatic teller machines and drive-up facilities;

(i) Health clubs;

(j) Hotels;

(k) Indoor and outdoor recreation facilities;

(l) Lumber yards and farm implement dealerships;

(m) Mortuary;

(n) Motels;

(o) Newspaper printing and publishing;

(p) Off-street parking lots, excluding the sale or storage of vehicles;

(q) Offices;

(r) Personal service facilities;

(s) Photography studio;

(t) Printers;

(u) Product assembly;

(v) Public offices and facilities;

(w) Public utility facilities;

(x) Radio and television studios;

(y) Religious institutions;

(z) Repair of electronics, small engines, appliances and electronic motors;

(aa) Residential units;

(bb) Restaurants (except those with drive-through service);

(cc) Retail sales;

(dd) Sales of automotive parts;

(ee) Sign printing and assembly;

(ff) Schools;

(gg) Telecommunication facilities;

(hh) Theaters;

(ii) Veterinary clinics (excluding kennels);

(jj) Accessory uses customarily incidental and subordinate to the principal use it services;

(kk) Limousine and taxicab services;

(ll) Medical cannabis dispensary center, provided that the center may not be located within 1,000 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility. A dispensing center may not be located in a house, apartment, condominium, or an area zoned for residential use; and

(mm) Domestic violence shelters and homeless, emergency and transitional shelters.

(nn) Adult-use cannabis dispensing organization shall comply with the following:

1. Dispensing facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school preschool, primary or secondary school, licensed day care center, licensed day care home, and licensed residential care home. Learning centers and vocational/trade centers shall not be classified as public or private school for purpose of the section.

2. Dispensing facility shall not be located in a dwelling.

3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.

5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(3) Special uses. The following special uses are permitted in the D2 District subject to the provisions of § 162.030 of this chapter:

(a) Car washes;

(b) Convenience stores with gasoline service;

(d) Metal and machine fabrication;

(e) Outdoor storage facilities as an accessory use to any permitted use, when screened with landscaping and a six-foot high sight proof fence;

(f) Telecommunication facilities over 60 feet height;

(g) Vehicle body shops, filling stations, service, sales and/or leasing facilities;

(h) Vocational schools, dance studios and other private for profit schools;

(i) Warehousing and distribution centers; and

(j) Nightclubs and cabarets.

(4) Height requirements. No structures over five stories or 60 feet in height shall be permitted without a special use permit as provided in § 162.030 of this chapter

(D) D3 Downtown Riverfront District.

(1) Intent and purpose. The D3 Downtown Riverfront District is intended to accommodate a concentration of entertainment, hospitality and tourism uses while accommodating the existing industrial uses. Also located within this district is the “Arts Corridor” which welcomes a variety of uses to show artist’s talents, provide a unique experience for pedestrians and serve as a highly visible foyer to the city.

(2) Permitted uses. The following uses shall be permitted within the D3 District:

(a) Automatic teller machines;

(b) Bars and taverns;

(d) Essential public utility facilities;

(e) Galleries;

(f) Health clubs;

(g) Indoor sports facilities;

(h) Motels and hotels;

(i) Museums;

(j) Offices;

(k) Outdoor theaters;

(l) Public facilities;

(m) Residential units;

(n) Restaurants (except those with drive-through service);

(o) Retail sales;

(p) Studios;

(q) Telecommunication facilities;

(r) Theaters;

(s) Warehousing, light manufacturing, production, processing, assembly, fabrication, packaging, cleaning, servicing, testing, repair, display, storage and sales of materials, goods or products within a structure;

(t) Accessory uses customarily incidental and subordinate to the principal use it services including outdoor display and sales. All restaurants, bars, taverns and nightclubs may have outdoor seating when associated with the primary use;

(u) Limousine and taxicab services;

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

(w) Domestic violence shelters and homeless, emergency and transitional shelters; and

(x) Adult-use cannabis dispensing organization shall comply with the following:

2. Dispensing facility shall not be located in a dwelling.

3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.

5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(3) Special uses. The following special uses are permitted in the D3 District subject to the provisions of § 162.030 of this chapter:

(a) Vehicle filling stations, service stations, body shops or repair facilities;

(b) Drive-through or drive-up facilities;

(d) Nightclubs and cabarets.

(4) Height requirements and view protection.

(a) This division is intended to preserve the views west of Third Street. Heights of buildings and projecting signage will be regulated as a measure to preserve the view of the Mississippi River from upper levels of buildings and the public right-of-way.

(b) The height of the east elevation of any proposed structure west of Third Street within this district shall not exceed a height of four stories (50 feet). The maximum height of the west elevation of a structure shall be established at the same elevation above mean sea level as the roof line of the east elevation. Structures east of Third Street shall not exceed a height of five stories (60 feet). Any structure exceeding these height requirements will not be permitted without a special use permit as provided in § 162.030 of this chapter.

(c) All east-west street corridors in this district shall be free of signs or awnings projecting more than three feet from any structure over the right-of-way. All new structures constructed along these streets west of Third Street shall comply with the above mentioned height requirements and be set back five feet from the right-of-way.

(5) Outdoor uses. Outdoor table service for eating and drinking establishments shall be permitted to encroach into the public right-of-way. The encroachment shall provide a four-foot wide walkway and all outdoor eating establishments shall be clearly delineated by decorative fencing or planters.

(6) Performance standards for industrial uses. The performance standard regulations shall establish standards for vibration, noise, odor, smoke, toxic gases, emissions, radiation, glare and heat to minimize negative effects on adjacent land uses and developments.

(a) Vibration. Every use shall be so operated that the maximum ground vibration generated is not perceptible without instruments at any point beyond the lot line of the lot on which the use is located.

(b) Noise. Every use shall be so operated that the noise generated does not exceed noise levels beyond its property lines in excess of the sound produced in normal commercial activities.

(c) Odor. Every use shall be so operated that no offensive or objectionable odor is emitted in accordance with the requirements of Chapters 50, 92 through 94 and §§ 159.01 through 159.04 of the municipal code.

(d) Smoke. Every use shall be so operated that no smoke from any source shall be emitted in accordance with the requirements of Chapters 50, 92 through 94 and §§ 159.01 through 159.04 of the municipal code.

(e) Toxic gases. Every use shall be so operated that there is no emission of toxic, noxious or corrosive fumes or gases.

(f) Emission of dirt, dust, fly ash and other forms of particulate matter. Every use shall be so operated that there is no emission of dirt, dust, fly ash and other forms of particulate matter.

(g) Radiation. Every use shall be so operated that there is no dangerous amount of radioactive emissions.

(h) Glare and heat. Any operation producing intense glare or heat shall be performed in an enclosure in a manner as to be imperceptible along any lot line without instruments.

(i) Additions, modifications or changes. Any addition, modification or change in any regulations, code, ordinance or other standard referred to in the zoning performance standards regulations shall become a part of these regulations.

(E) D4 Downtown Office and Medical Facility District.

(1) Intent and purpose. The D4 Downtown Office and Medical Facility District is intended to provide for the specific needs of medical centers and uses associated with these centers in an area to ensure the compatibility of land use.

(2) Permitted uses. The following uses shall be permitted within the D4 District:

(a) Adult day care centers;

(b) Assisted living facilities;

(d) Bed and breakfast facilities when utilized by families of patients;

(e) Board and care facilities;

(f) Boarding houses and dormitories for students of private technical schools, nursing schools or medical schools permitted within this district;

(g) Child care centers;

(h) Essential public utility facilities;

(i) Financial institutions, including freestanding automatic teller machines and drive-up facilities;

(j) Florists;

(k) Greeting card and gift shops;

(l) Group homes;

(m) Health clubs;

(n) Hospices;

(o) Hospitality houses;

(p) Intermediate care facilities;

(q) Medical centers;

(r) Medical and dental offices;

(s) Mortuaries;

(t) Multiple-family residences;

(u) Nursing and medical schools;

(v) Nursing homes;

(w) Offices;

(x) Pharmacies, convenience stores (without gas pumps) and variety stores;

(y) Printers;

(z) Private technical schools teaching skills directly related to the medical profession and use of medical equipment;

(aa) Public buildings;

(bb) Religious institutions;

(cc) Residential care facilities;

(dd) Restaurants (except those with drive-through service);

(ee) Sale and rental of medical equipment;

(ff) Schools;

(gg) Sheltered care facilities;

(hh) Single-family residences;

(ii) Skilled care facilities;

(jj) Telecommunication facilities;

(kk) Accessory uses customarily incidental and subordinate to the principal use it services except that no automatic vending machines shall be permitted on the exterior of any structure or in view of the public right-of-way;

(ll) Limousine and taxicab services;

(mm) Medical cannabis dispensary center, provided that the center may not be located within 1,000 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility. A dispensing center may not be located in a house, apartment, condominium, or an area zoned for residential use; and

(nn) Adult-use cannabis dispensing organization shall comply with the following:

2. Dispensing facility shall not be located in a dwelling.

3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.

4. At least 75% of the floor areas of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”).

5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(3) Special uses. The following special uses are permitted in the D4 District subject to the provisions of § 162.030 of this chapter:

(a) Convenience stores with gas pumps;

(b) Restaurants with drive-through service;

(d) Telecommunication facilities over 60 feet in height;

(e) Vehicle filling stations, service stations or repair facilities;

(f) Vocational schools, dance studios and other private for profit schools; and

(g) Nightclubs and cabarets.

(4) Height and area requirements. No structures over five stories or 60 feet in height shall be permitted without a special use permit as provided in § 162.030 of this chapter.

(F) D5 Downtown Industrial District.

(1) Intent and purpose. The D5 Downtown Industrial District is intended to accommodate traditional downtown river uses. These uses are typically light industrial, manufacturing and warehousing activities that have historically been located in the downtown area. The district further maintains these uses and any future use at a scale and intensity that is compatible with the residential and commercial uses in the area.

(2) Permitted uses. The following uses shall be permitted within the D5 District:

(a) Any use permitted within the D2 Downtown General Business District;

(b) Warehousing, manufacturing, production, processing, assembly, fabrication, packaging, cleaning, servicing, testing, repair, display, storage and sales of materials, goods or products within a structure;

(d) Limousine and taxicab services; and

(e) Adult-use cannabis dispensing organization shall comply with the following:

2. Dispensing facility shall not be located in a dwelling.

3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.

5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(f) Adult-use cannabis infuser organization shall comply with the following:

1. Infuser facility may not be located in a dwelling unit.

2. At least 75% of the floor area of any tenant space occupied by an infusing facility shall be devoted to the activities of the infusing organization as authorized by the Cannabis Regulation and Tax Act (the “Act). Infuser facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

3. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(g) Adult-use cannabis processing organization shall comply with the following:

1. Processing facility may not be located in a dwelling unit.

2. At least 75% of the floor area of any tenant space occupied by a processing facility shall be devoted to the activities of the processing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”). Processing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(h) Adult-use cannabis transportation organization shall comply with the following:

1. Transportation facility may not be located in a dwelling unit.

2. The transporting facility shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).

(i) Adult-use cannabis craft grower shall comply with the following:

1. Craft grower facility may not be located in a dwelling unit.

2. Craft grower facility shall not be within 1,500 feet of another cannabis craft grower or cultivation facility.

3. Craft grower facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).

4. Security improvements shall be determined based on the specific characteristics of the floor plan for the adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

(j) Adult-use cannabis cultivation center shall comply with the following:

1. Cultivation facility may not be located in a dwelling unit.

2. Cultivation facility shall not be within 1,500 feet of another adult-use cannabis cultivation or craft grower facility.

3. Cultivation facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).

(3) Special uses. The following special uses are permitted in the D5 District subject to the provisions of § 162.030 of this chapter:

(a) Car washes;

(b) Lumberyards and farm implement dealerships;

(d) Restaurants with drive-through facilities;

(e) Telecommunication facilities over 60 feet in height;

(f) Vehicle body shops, filling stations service, sales and/or leasing facilities;

(g) Vocational schools; and

(h) Nightclubs and cabarets.

(4) Height requirements and view protection.

(a) This section is intended to preserve the view corridors west of Third Street. Heights of buildings and projecting signage will be regulated as a measure to preserve the view of the Mississippi River from upper levels of buildings and the public right-of-way.

(c) Any structure exceeding these height requirements will not be permitted without a special use permit as provided in § 162.030 of this chapter.

(d) All east-west street corridors in this district shall be free of signs or awnings projecting more than three feet from any structure over the right-of-way. All new structures constructed along these streets west of Third Street shall comply with the above mentioned height requirements and be set back five feet from the right-of-way.

(Ord. 8899, passed 1-29-2001; Ord. 8915, passed 7-9-2001; Ord. 9104, passed 4-2-2007; Ord. 9207, passed 2-28-2012; Ord. 9175, passed 9-7-2010; Ord. 9184, passed 6-1-2011; Ord. 9240, passed 7-19-2013; Ord. 9260, passed 8-4-2014; Ord. 9281, passed 11-9-2015; Ord. 9290, passed 5-23-2016; Ord. 9388, passed 9-16-2019) Penalty, see § 162.999

§ 162.027 M1 LIGHT INDUSTRIAL DISTRICT.

(A) Intent and purpose. The M1 Light Industrial District encompasses areas wherein may be achieved a satisfactory correlation of factors such as adequate transportation facilities, accessibility to dwelling areas, efficient land assembly, adequate topographic conditions and adequate provision of public utility facilities required by industry. Uses permitted in the district are typically light industrial, manufacturing, distribution and warehousing activities that are compatible with the residential and commercial uses in the area. Industrial activity in which the finished product is generally produced from semi-finished material applies to this district. Commercial uses are permitted within the district to provide support services to the industrial uses.

(B) Permitted uses. In the M1 District, there may be the following uses, provided that the uses are not obnoxious or offensive due to emission of noise, odor, dust, gas or vibration.

(1) Commercial.

(a) Commercial uses permitted in any (C) commercial district and specifically set forth in §§ 162.022, 162.023 and 162.024;

(b) Contractors offices and storage facilities;

(d) Lumber yards;

(e) Storage and sale of new trailers and other similar equipment on an open lot provided that compliance is made with the screening and fencing requirements stated elsewhere in these provisions;

(f) Telecommunication centers; and

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

(2) Manufacturing. Production, processing, cleaning, testing or repair, limited to the following uses and products:

(a) Advertising displays;

(b) Apparel and other products manufactured from textiles;

(d) Automobile painting, upholstering, repairing, reconditioning and body and fender repairing and motor vehicle washing facilities when done within the confines of a structure;

(e) Awnings, Venetian blinds;

(f) Bakeries;

(g) Beverages; bottling and distributing;

(h) Boat, camper and recreational vehicle storage facilities;

(i) Books; hand binding and tooling;

(j) Bottling works;

(k) Brushes and brooms;

(l) Cameras and other photographic equipment and supplies;

(m) Camper storage facilities;

(n) Canning and preserving;

(o) Canvas and canvas products;

(p) Carting, express hauling or storage yards;

(q) Ceramic products, such as pottery and small glazed tile;

(r) Cleaning and dyeing establishments;

(s) Clothing;

(t) Concrete block manufacturing;

(u) Concrete ready-mix plants;

(v) Confectionery manufacturing;

(w) Cosmetics and toiletries;

(x) Dentures;

(y) Display lot. For open display of goods and equipment ancillary to the principal use may be permitted unfenced provider that the area involved shall not exceed 10% of the total lot area of the principal use and the area must be properly maintained and shall be completely within the setback requirements set forth elsewhere in this chapter;

(z) Drugs;

(aa) Electronics;

(bb) Electric motor repairing;

(cc) Fiber products manufacturing, provided fibers are previously prepared;

(dd) Food products processing;

(ee) Foundry casting lightweight nonferrous metal, and no brass, manganese, bronze or zinc;

(ff) Fur goods, not including tanning and dyeing;

(gg) Glass products, from previously manufactured glass;

(hh) Grain elevators;

(ii) Hair, felt and feather products (except washing, curling and dyeing);

(jj) Hosiery;

(kk) Ice, dry and natural;

(ll) Ink mixing and packaging and inked ribbons;

(mm) Insecticides;

(nn) Jewelry;

(oo) Laboratories; medical, dental, research, experimental and testing;

(pp) Laundries;

(qq) Leather products, including shoes and machine belting;

(rr) Luggage;

(ss) Lumber yard (including related roof-covered display areas within any yard and setback requirements);

(tt) Machine shops for tool, die and pattern making;

(uu) Manufactured homes;

(vv) Metal finishing, plating, grinding, sharpening polishing, cleaning, rust-proofing and heat treatment;

(ww) Mini-storage facilities, provided all storage is enclosed facilities and provided there is no storage of flammable liquids or explosive materials;

(xx) Metal stamping and extrusion;

(yy) Monument engraving;

(zz) Musical instruments;

(aaa) Open storage of building material, lumber, coal, machinery and pipe (not otherwise permitted) when the material is enclosed within a solid fence at least six feet high within required building lines;

(bbb) Orthopedic and medical appliances, such as artificial limbs, braces, supports, stretchers;

(ccc) Paper products, small, such as envelopes and stationery, bags, boxes, tubes and wallpaper printing;

(ddd) Perfumes and cosmetics;

(eee) Pharmaceutical products, compounding only;

(fff) Plastic products, but not including the processing of the raw materials;

(ggg) Plating;

(hhh) Precision instruments, such as optical, medical and drafting;

(iii) Products from finished materials, plastic bone, cork, feather, felt fiber, fur, glass, hair, horn, leather, paper, precious and semi-precious stones, rubber, shell or yard;

(jjj) Printing and newspaper publishing, including engraving and photoengraving;

(kkk) Public utility electric substation and distribution centers, gas regulation centers and underground gas holder stations;

(lll) Repair of household or office machinery or equipment;

(mmm) Rubber products, small and synthetic treated fabrics (excluding all rubber and synthetic processing), such as washers, gloves, footwear, bathing caps and atomizers;

(nnn) Sheet metal products (light);

(ooo) Sign painting shops;

(ppp) Soap and detergents, packaging only;

(qqq) Soldering and welding;

(rrr) Sporting and athletic equipment, such as balls, baskets, cues, gloves, bats, racquets and rods;

(sss) Statuary, mannequins, figurines and religious and church art goods, excluding foundry operations;

(ttt) Television and radio broadcasting transmitters;

(uuu) Textiles; spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn, thread and cordage, but not including textile bleaching;

(vvv) Tire retreading, recapping and rebuilding;

(www) Tobacco curing and manufacturing and tobacco products;

(xxx) Tools and hardware such as bolts, nuts and screws, doorknobs, drills, hand tools and cutlery, hinges, house hardware, locks, nonferrous metal castings and plumbing appliances;

(yyy) Truck, tractor, trailer or bus storage yards and terminals;

(zzz) Umbrellas;

(aaaa) Upholstering (bulk), including mattress manufacturing, rebuilding and renovating;

(bbbb) Vehicles, children’s such as bicycles, scooters, wagons and baby carriages;

(cccc) Watches;

(dddd) Wood products, such as furniture, boxes, crates, baskets, pencils, cooperage works; and

(eeee) Wholesale and warehousing building; and

(ffff) Adult-use cannabis dispensing organization shall comply with the following:

1. Dispensing facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed day care center, licensed day care home, licensed residential care home. Learning centers and vocational/trade centers shall not be classified as public or private school for purpose of the section.

2. Dispensing facility shall not be located in a dwelling unit.

3. Dispensing facility shall not be within 1,500 feet of another adult-use cannabis dispensing facility or medical cannabis dispensing center.

5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(gggg) Adult-use cannabis infuser organization shall comply with the following:

1. Infuser facility may not be located in a dwelling unit.

2. At least 75% of the floor area of any tenant space occupied by an infusing facility shall be devoted to the activities of the infusing organization as authorized by the Cannabis Regulation and Tax Act (the “Act”). Infuser facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(hhhh) Adult-use cannabis processing organization shall comply with the following:

1. Processing facility may not be located in a dwelling unit.

(iiii) Adult-use cannabis transportation organization shall comply with the following:

1. Transportation facility may not be located in a dwelling unit.

(jjjj) Adult-use cannabis craft grower shall comply with the following:

1. Craft grower facility may not be located in a dwelling unit.

2. Craft grower facility shall not be within 1,500 feet of another cannabis craft grower or cultivation facility.

3. Craft grower facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).

(kkkk) Adult-use cannabis cultivation center shall comply with the following:

1. Cultivation facility may not be located in a dwelling unit.

2. Cultivation facility shall not be within 1,500 feet of cannabis cultivation or craft grower facility.

3. Cultivation facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).

(3) Public and community service uses.

(a) Bus terminals, bus garages, bus lots, street railway terminals or streetcar houses;

(b) Electric and gas substations;

(d) Municipal or privately owned recreation buildings or community centers;

(e) Parks and recreation areas;

(f) Police stations;

(g) Sewage treatment plants;

(h) Telephone exchanges;

(i) Water filtration plants;

(j) Water pumping stations; and

(k) Water reservoirs.

(4) Residential uses.

(a) Dwelling units for watchpersons and his or her families and when located on the premises where he or she employed in that capacity;

(b) Multiple-dwellings. Multiple-family dwellings established in any M1 District (Light Industrial District) prior to the effective date of this amendment (July 12, 1992) may be maintained as nonconforming uses in accordance with this code; and

(1980 Code, § 29.202) (Ord. 8925, passed 11-5-2001; Ord. 9260, passed 8-4-2014; Ord. 9339, passed 7-16-2018; Ord. 9370, passed 2-11-2019; Ord. 9388, passed 9-16-2019) Penalty, see § 162.999

§ 162.028 M2 HEAVY INDUSTRIAL DISTRICT.

(A) Intent and purpose. The M2 Heavy Industrial District encompasses industrial areas wherein may be achieved a satisfactory correlation of transportation facilities, accessibility to dwelling areas, efficient land assembly, topographic conditions and provision of public utility facilities required by industry. The areas may contain certain mineral and natural resources. These areas may be situated and operated so that the extraction, processing or both, of basic raw materials may be conducted in a manner that will not create conflict or hazard in the general community and that will protect and preserve the public health, safety and general welfare.

(B) Permitted uses. In the M2 District, there may be any use, subject to the following exceptions and special provisions:

(1) Church or other uses. No church, library, school or hospital shall be built.

(2) Dwellings. No building shall be built or converted for dwelling purposes other than one for a resident watchperson or caretaker employed on the premises where he or she is employed in that capacity.

(3) Junkyards. Junkyards, auto wrecking yards and salvage yards are permitted, but must be surrounded by a solid fence at least six feet high located within the building lines, and provided the junk, automobiles or salvage shall not be piled higher than the fence.

(4) Animal crematoriums. Animal crematoriums.

(5) Separate approval. The following uses must be given separate Council approval. Before granting the approval, the Council shall refer application to the Fire Chief for study, investigation and Council may assume approval of the application.

(a) Acid manufacture;

(b) Cement, lime, gypsum or plaster of paris manufacture;

(d) Explosives manufacture or storage;

(e) Fat rendering;

(f) Fertilizer manufacture;

(g) Gas manufacture;

(h) Garbage, offal or dead animals, reduction or dumping;

(i) Glue manufacture;

(j) Petroleum or its products, manufacturing, refining of or wholesale storage of smelting of tin, copper, zinc or iron ores;

(k) Stockyards or slaughter of animalsl; and

(l) Adult-use cannabis dispensing organization facilities shall comply with the following:

1. Dispensing facility may not be located within ten feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, licensed day care center, licensed day care home or licensed residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2. Dispensing facility may not be located in a dwelling unit.

3. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).

4. At least 75% of the floor areas of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act.

5. Dispensing facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(m) Adult-use cannabis infuser organization facilities shall comply with the following:

1. Infuser facility may not be located in a dwelling unit.

2. At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing facility as authorized by the Cannabis Regulation and Tax Act (the “Act”). Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

(n) Adult-use cannabis processing organization facilities shall comply with the following:

1. Processing facility may not be located in a dwelling.

(o) Adult-use cannabis transportation organization shall comply with the following:

1. Transportation facility may not be located in a dwelling unit.

2. Transportation facility shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).

(p) Adult-use cannabis craft grower shall comply with the following:

1. Craft grower facility may not be located in a dwelling unit.

2. Craft grower facility shall not be within 1,500 feet of another cannabis craft grower facility or cultivation facility.

3. Craft grower facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).

(q) Adult-use cannabis cultivation center shall comply with the following:

1. Cultivation facility may not be located in a dwelling unit.

2. Cultivation facility shall not be within 1,500 feet of another cultivation or craft grower facility.

3. Cultivation facility may not conduct any sales or distribution of cannabis other than as authorized by the Cannabis Regulation and Tax Act (the “Act”).

(6) Special conditions. The City Council may, after a public hearing, impose conditions on any use in the M2 District, if found necessary by the City Council in furtherance of the public health, safety or morals.

(7) Adult uses. Without limiting the uses permitted in the M2 District, adult uses are specifically allowed.

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

(1980 Code, § 29.202) (Ord. 9260, passed 8-4-2014; Ord. 9388, passed 9-16-2019) Penalty, see § 162.999

§ 162.029 M3 PLANNED INDUSTRIAL DISTRICT.

(A) Intent and purpose. The M3 Planned Industrial District encompasses areas wherein may be located developments and uses permitted in the M1 Light Industrial District and the development and use designated in the commercial districts as may be specifically related to a particular industrial activity or complex. It is the purpose of these regulations to facilitate the establishment of developments and uses in locations appropriate under approved site plans and conditions. The approved plans and conditions shall be consistent with good planning practice and compatible with permitted developments and uses in adjoining districts, so as to protect the general welfare subject to the following exceptions and special provisions.

(B) Generally. A M3 District shall be laid out and developed as a unit according to a plan approved by the Council for the purpose of providing modern industrial areas of integrated design. The uses allowed shall be limited to those contemplated by the original plan or any amendment thereof.

(C) Plan and procedure. Any area may be zoned M3 prior to the submission of plans regarding actual use. Before the district is utilized, however, the person or persons desiring to use and develop the land shall submit a plan to the Commission showing in detail the manner in which the land is to be used, the location, character and appearance of buildings, parking areas, service areas, walks, lighting and other landscaping adjacent to the surrounding property and all other material information. If the Commission reports to the Council that the plan complies with all regulations of this chapter, is in the best interests of the city, will not adversely affect adjacent property values and is consistent with the public interest and purposes of this chapter, then the Council may approve the district and plan, and building and occupancy permits may be issued to carry out the approved plan.

(D) Condition and guarantees. Prior to approving any plan, the Plan Commission may recommend, and the City Council may stipulate, the conditions and restrictions upon the establishments, location, construction, maintenance and operation of the use or uses as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements as specified herein, or as may be from time to time required. In all cases in which a M3 District is approved, the City Council shall require evidence and guarantee as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. All conditions and guarantees must be fully complied with prior to the use or uses being commenced. If the conditions, guarantees or specific condition are not complied with, the use shall be immediately terminated. The City Council may also revoke any use for a failure to comply. In that event, the zoning shall revert to its zoning prior to M3 zoning.

(E) Special condition. All plans approved hereunder shall be subject to the specific condition that if actual construction of buildings is not begun and thereafter actively pursued within two years of the date of approval by the City Council, the plans shall no longer be considered approved, provided that the City Council may extend the time periods as it shall deem appropriate. Actual construction of buildings shall require, at minimum, actual work on the components of the building and not mere and preparation and architectural planning.

(F) Amendment. Plans may be amended by the same procedure by which they are originally approved. Any material change in the plan or use must be approved. Notwithstanding anything herein to the contrary, a strictly temporary use or activity otherwise permitted in a M3 District shall not require a plan amendment although not contemplated or set forth in the plan.

(G) Limitations on use. Notwithstanding anything herein to the contrary, the following limitations are placed on use.

(1) No church, library, school or hospital shall be built. No building shall be built or converted for dwelling purposes other than one for a resident watchperson or caretaker employed on the premises where they are employed in that capacity.

(2) Open storage of materials shall be limited to that incidental to the industrial use and shall be surrounded by a concrete or masonry wall of at least six feet in height, if the storage is not fully enclosed within a building and provided that materials shall not be stored higher than the wall.

(3) Outdoor advertising shall be limited to one sign relating to the products, services or name of the establishment and attached to a building in a manner not to extend more than one foot from any facade.

(H) Permitted uses. Medical cannabis cultivation center, provided that the center may not be located within 2,500 feet of the property line of a pre-existing public or private preschool, or elementary or secondary school or day care center, day care home, group day care home, part day child care facility or an area zoned for residential use

(1980 Code, § 29.202) (Ord. 9260, passed 8-4-2014) Penalty, see § 162.999

§ 162.030 USES LOCATED BY SPECIAL PERMIT.

(A) Generally. Pursuant to this section, uses set forth in division (B) below, or otherwise allowed in this chapter by special permit, may be allowed by special permit. Additionally, building and structures may, by special permit, be built to a height greater than otherwise allowed by the provisions of this chapter. The city has determined that the uses and variations allowed pursuant to this section are such that they have a unique, special or unusual impact upon the use or enjoyment of neighboring property. The authority of this section is in addition to other provisions of this chapter such as those pertaining to planned developments.

(B) Uses located by special permit. Uses for which special permits may be secured, conditions that must be observed, and districts in which use will be allowed are:

Uses	Specific Conditions	Districts
Nursery, pre-kindergarten, kindergarten, play, special and other private schools and day care for more than 12 children	At least 100 square feet of open play space must be provided for each child enrolled.	Any
Hospital and nursing homes, educational, religious and philanthropic institutions and senior citizens public housing, public health facilities	Building may occupy not over 25% of lot and must be set back an additional two feet over usual yard requirements for each one foot building exceeds usual height limits; off-street parking must be provided as required in § 162.091.	Any
Cemetery and/or mausoleum	At least 20 acres in area for new cemeteries; a mausoleum shall be at least 200 feet from every street line and adjoining lot line.	R only
Dormitories, fraternities and sororities	For students of a college or university and when located within 300 feet of the main administrative building.	Any
Airport and landing field	Must have prior approval of Federal Aviation Agency.	Any
Greenhouse and nurseries truck gardens and/or roadside stands	No greenhouse shall be closer than 25 feet to a lot that is residentially zoned.	R1A, R1B, R1C, R2, R3
Mobile home parks, trailer camps or mobile subdivisions	All inhabited mobile homes or trailers shall be located in a mobile home park or trailer camp; the provision of Chapter 119 of this code and other applicable ordinances or laws shall be complied with; mobile home subdivisions must be subdivided as any other real estate and must satisfy the minimum yard requirements established hereunder or by the special permit, if specifically provided for.	RU, C, M only
Motels and hotels	Motels and hotels shall provide at least 1,000 square feet of lot area for each unit; there must be at least 20 feet between buildings, but for purposes of this requirement a series of attached units comprising a continuous structure shall be considered as one building; each unit shall contain at least 200 square feet of floor area and provide heating, lavatory, toilet and tub or shower with hot and cold water; plans and installation shall be subject to approval of Building Inspector and permits shall be valid only so long as the installations receive Building Inspector’s approval as complying with these and other applicable state and municipal regulations.	C1B, C2, C3 only; RU1, R1A when frontage upon a numbered highway
Motels and hotels	None	C4 only
Outdoor theaters	Must be approved by the Highway Department when on or near a state highway.	C, M only
Private recreational and activities	None	RU1, C, M only
Mining and extraction of minerals or raw materials and the manufacturing, processing, treating and storing of materials or minerals, which are extracted from any portion of the district	(a) No excavation, blasting or stock piling of materials shall be located within 100 feet of any public road or other property line.	RU1
	(b) All excavation slopes in excess of one to one shall be adequately fenced as to be determined by the Building Inspector.
	(c) Stripping of topsoil for sale or for use on other premises, except as may be incidental to a construction project and confined to the construction area, shall be prohibited in all districts.
	(d) Before approval of any new or extension to a sand, gravel or stone quarrying operation, a performance bond shall be secured from the applicant sufficient to ensure that upon completion of the extraction operations the abandoned quarry will be left in a safe, attractive and useful condition in the interest of public safety and general welfare.
	(e) A non-climbable fence, a minimum of six feet in height, shall be installed around the quarry and all its operations as a safety device; the fences shall be constructed of fine mesh in rectangular shapes, and the sizes of the rectangles shall not exceed two inches by four inches.
	(f) Access to the quarry shall not make use of established minor residential access streets.
	(g) Any crushing of rock or processing of material shall be done in a way as to minimize the amount of airborne dust created.
	(h) The quarry and all its buildings, pits and processing equipment shall be effectively screened from the view of any adjoining property in a residential district with a fence or durable masonry wall six feet in height, or natural planting of comparable opacity at least six feet in height.
Parking lots	(a) A special permit shall not be required for parking lots, which are accessory to permitted uses, are located within the same zoning district as the permitted use and adjoin the principal use.	RU, RE, R
	(b) All open off-street parking areas and driveways shall be improved with a compacted road base, not less than four inches thick, surfaced with asphalt concrete or some comparable all weather dustless material.
	(c) All open automobile areas containing more than five parking spaces shall be effectively screened on each side adjoining or fronting on any property situated in a residence district or any institutional premises by a wall, fence or densely planted compact hedge as provided in the permit; the required screening shall conform with the front and side yard setback requirements of the district in which the parking is located; planting screens or hedges shall not exceed three feet in height where location is so that sight lines are necessary for vehicular movement across pedestrian ways.
	(d) The illumination of a parking lot shall be designed so that the light from lighting fixtures in the parking lot does not reflect direct rays or spill over in adjacent residential district; all parking lot lighting arrangements shall be installed as approved by the Director of Utilities and Engineering; the following standards shall apply to all off-street parking lots, except as otherwise provided in the special permit:
	(1) All lighting fixtures shall not be placed higher than 15 feet above the finished grade;
	(2) Fixtures shall be of the non-spill type, hooded to prevent glare; and
	(3) Candle power per fixture shall not be less than 2.0 foot candles and not more than 3.0 foot candles measured at grade level under the fixture.
	(e) Finished grade and drainage shall be approved by the Director of Utilities and Engineering.
Clinics	The building or buildings must not occupy more than one-third of the lot area, the yards are landscaped (i.e. not used for off-street parking) and provided that the facility provides one off-street parking space for each 200 square feet of floor space in the building.	R2, R3
Undertaking establishments	An establishment wholly owned and operated by a person who is both a licensed funeral director and a licensed embalmer in accordance with the provisions of the Illinois Revised Statutes; the building or buildings must not occupy more than one-third of the lot area, the yards are landscaped (i.e. not used for off-street parking) and provided that the facility provide for one off-street parking space for each 200 square feet of floor space used for the conduct of the business.	R2, R3
Waste stabilization pond (lagoon)	Must be approved by the Director of Utilities and Engineering and be in accordance with the state health requirements.	Any
Mobile home sales	Mobile home sales may be located on a lot subject to the specific conditions hereafter stated. For purposes of this division, MOBILE HOME shall mean a structure designed for permanent habitation and so constructed as to permit its transport on wheels, temporarily or permanently attached to its frame, from the place of its construction to the location, or subsequent locations, at which it is intended to be permanent habitation and designed to permit the occupancy thereof as a dwelling place for one or more persons. The following specific conditions shall apply:	C1
	(a) A site plan shall be prepared at a specific scale showing ingress and egress from a public street, the maximum number of mobile homes to be maintained, and the location lay-out for mobile homes, artificial lighting, office, off-street parking, any pole or ground sign and any other improvements.
	(b) There shall be a setback from the front property line of not less than 25 feet and a side yard of 15 feet, except where adjacent to a residential district, in which each side yard shall not be less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet. In the side and rear yards adjacent to residential areas screen plant material dense enough to reduce the view of mobile homes by 50% shall be installed, maintained and not permitted to grow over the property line. The plant material shall be of a disease resistance variety that will attain a height of not less than ten feet.
	(c) Artificial lighting installed shall not adversely affect adjacent properties.
	(d) All driveways, display lots and off-street parking areas shall be surfaced with a bituminous dust-free material or concrete.
	(e) All hard surfaced areas shall be drained so as not to deposit surface water on adjacent properties.
	(f) Only one structure shall be permitted to be used for a sales office.
	(g) There shall be no assembly or repair of mobile homes on the lot.
	(h) There shall be one automobile parking space for each three mobile homes on display plus one parking space for each employee.
	(i) All advertising or display sign shall be located in accordance with the site plan and in compliance with the city’s ordinance regulating signs.
Electric and gas substations	Non-climbable fences or comparable safety devices shall be installed and maintained in order to make the facility inaccessible to the general public. A hedge or other natural planting of comparable opacity, fence or wall may be required along any exterior property line, which adjoins a residential district or a commercial office use.	RU1, RE1, RS, R1A, R1B, R1C, R2, R3, C1A, C1B, C2, C3
Club	Regulations governing and R2 and R3 Districts apply. No parking allowed in a required front yard. Parking areas to comply with § 162.091. It shall be permissible to serve food and meals on the premises, provided adequate dining room and kitchen facilities are available. The sale of alcoholic beverages shall be permitted only if specifically allowed by the special permit issued and if permitted be in compliance with the applicable federal, state, county and city laws.	RU1, RS, R1A, R1B, R1C, R2
Change from one nonconforming use to another (see § 162.130)	The change must not be detrimental to or tend to alter the character of the neighborhood; the change must not increase congestion in the streets; and the change must be no less restricted than the existing use.	Any District
Enlargement, extension or structural alteration of nonconforming use, building or structure (see § 162.131)	The enlargement, extension or structural alteration must not be detrimental to or tend to alter the character of the neighborhood; the enlargement, extension or structural alteration must not exceed the applicable bulk regulations for the district; the applicable off-street parking requirements must be complied with for the enlarged portion of the use; and there must be some compelling public necessity requiring the enlargement, extension or structural alteration.	Any District
Baseball park	(a) The land area for a baseball park area shall not and be less than five acres. A site plan shall be prepared at a specific scale showing ingress and egress from a public street, diamond, bleacher area(s), office, concession area, off-street parking, artificial lighting, landscaping, any signs and any other improvements.	RU1, C, M only
	(b) There shall be a setback from the front property line of not less than 25 feet and a side yard when located in or adjacent to residential district, a side yard(s) not less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet. In the side and rear yards adjacent to a residential area there shall be installed a cyclone type wire fence with decorative slats not less than five feet in height to protect the residential areas from any playing activities.
	(c) All driveways, display lots and off-street parking areas shall be surfaced with a dust-free material. All hard surfaced areas shall be drained so as not to deposit surface water on adjacent properties. Only one structure shall be permitted to be used for an office.
	(d) Off-street parking: One parking space shall be provided for each four seats plus additional spaces as may be required for affiliated uses as concession stands and the like. There shall be provided one parking space for each employee. All advertising or display signs shall be located in accordance with the site plan and in compliance with city’s ordinance regulating signs. The site plan shall be approved by the Illinois Department of Transportation when on or near a state highway.
Roller skating rink and/or ice skating rink	(a) The land area shall not be less than one acre. A site plan shall be prepared at a specific scale showing the location of the structure on the lot, an ingress and egress from a public street, off-street parking any lighting, landscaping, signs and any other improvements.	RU1, C, M only
	(b) There shall be a setback for the front property line in compliance with the district in which it is to be located. If a setback is not required in the district, then there shall be a setback of not less than 25 feet. When adjacent to or within a residential district, there shall be a side-yard(s) not less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet. In the side and rear yards adjacent to residential areas, screen plant material dense enough to reduce the view of the roller skating rink by 50% shall be installed, maintained and not permitted to grow over the property line. The plant material shall be a disease resistant variety that will attain a height of not less than ten feet.
	(c) All driveways and off-street parking areas shall be surfaced with a dust-free material.
	(d) Off-street parking: There shall be provided ten parking spaces for each 1,000 square feet of floor area. All advertising or display signs shall be located in accordance with the site plan and in compliance with the city’s ordinance regulating signs.
Live (legitimate) theatre	(a) Affiliated uses including but not limited to a restaurant and bar facilities shall be included in the principle building and may be permitted. A site plan shall be prepared at a specific scale showing the location of the structure on the lot, any ingress and egress from a public street, off-street parking, any lighting, landscaping signs and any other improvements.	C only
	(b) There shall be a setback from the front property here in compliance with the district in which it is to be located. If a setback is not required in the district, then there shall be a setback of not less than 25 feet. When adjacent to or within a residential district, there shall be a side yard not less than 25 feet and a rear yard when adjacent to a residential district of not less than 25 feet. In the side and rear yards adjacent to residential areas, screen plant material dense enough to reduce the view of the theater building by 50% shall be installed, maintained and not permitted to grow over the property line. The plant material shall be of a disease resistant variety that will attain a height of not less than ten feet.
	(c) All driveways and off-street parking areas shall be surfaced with a dust free material.
	(d) Off-street parking:
	(1) Theater. One parking space for each four seats up to 400 seats, plus one parking space for each six seats over 400 seats.
	(2) Restaurant. One parking space for each 100 square feet of floor area, plus one parking space for each employee.
	(3) Establishments dispensing beverages for consumption on the premises. One parking space shall a provided for each 300 square feet of floor area plus one parking space for each employee. All advertising or display signs shall be located in accordance with the site plan and in compliance with the city’s ordinance regulating signs.
Office uses including, but not limited to, business and professional offices	Special permits may be general or limited to one business or more particular office uses and a maximum number of owners, operators or employees.	R3
C1B permitted uses	Special permits may be general or limited to one or more particular uses and a maximum number of owners, operators or employees.	C1A
Unregistered nonconforming use (see § 162.129(A))	The nonconforming use must have been conducted at least within the time periods prescribed by § 162.132.	Any District
Nonconforming use (see §§ 162.125 through 162.136)	Any nonconforming use may be made a special use by the granting of a special permit, provided the nonconforming use lawfully exists pursuant to §§ 162.125 through 162.136.	Any District
Publicly owned and operated buildings, structures and properties (not specifically permitted)	None	Any R
Railroad yards	None	Any R
Skeet and gun clubs	(a) Adequate provisions must be made for preventing bullets or other projectiles from straying into any occupied areas or adjoining properties.	RU1, M
	(b) The area for the club shall be of sufficient size or distance from adjoining properties so that applicable state noise regulations are complied with and so that there will not be unreasonable amounts of noise to adjoining properties. Appropriate tests may a conducted to determine noise level.
Towers/antennas/flag poles more than 50 feet in height	(a) Location from nearest property line shall be not less than the structure height plus additional five (5) feet. (b) building permit required.	Any district
Warehousing - storage	The use as proposed shall be compatible with adjoining uses.	C2
Campgrounds	None	RU1 and RE
Adult uses	(a) An adult use may not be located within 500 feet of any pre-existing adult use; any not-for-profit school, community college, college or other similar education institution; any church or other place of worship; and residentially zoned areas; and building used by the United States, the state or any unit of local government; any parks or play grounds; or any business which sells or dispenses in some manner alcoholic beverages. This restriction may, however, be waived by the City Council if:	C2, C3, C4, M1
	(1) The proposed use will not be contrary to the public interest or injurious to nearby properties; and the spirit and intent of this provision observed;
	(2) The proposed use will not enlarge or encourage the development of a “skid-row” or similar deteriorated area;
	(3) The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation or improvement, either residential or nonresidential;
	(4) The other applicable regulations of this chapter are observed; and
	(5) The owner of owners (as opposed to the occupants) of a majority of the property or properties within which the use may not be located (e.g. residentially zoned areas) consent in writing to the proposed use. For the purposes of these restrictions, measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the adult use to the nearest property line of the other use.
	For purposes of the consent requirement provided above, the following specific rules shall apply.
	(1) The requisite majority shall require the consent of the owner or owners of the property or both the properties if there is one property or there are two properties, and any number more than 50% of the properties if there are more than two properties.
	(2) The relative area of properties shall not be a consideration, but only the actual number of individual properties.
	(3) Each property considered shall be a zoning lot and not divisions or parts thereof.
	(4) Any property or properties owned or occupied by any person, firm or corporation interested, or to be interested, directly or indirectly, in the proposed adult use or the property at which it is to be located shall not be considered. The interest may include among others, any interest as stockholder, partner, investor, sole proprietor, agent, employee, landlord or consultant.
	(5) In determining whether multiple owners of property consent to the use, the majority in interest (as opposed to a majority in number) will be determinative.
	(6) When title to real estate is conveyed after written consent is given, the consent shall remain valid unless withdrawn by a majority of the then owners.
	(7) A consent may be withdrawn before a permit is approved by the City Council, but the applicant has a right to substitute new consents for those lost through withdrawal.
	(8) The consent requirement shall not be construed to vest the power to issue permits in landowners. The City Council retains the power to deny a permit event if the required consents are filed. Instead, the consent requirement is imposed because adult uses are considered as so potentially disturbing to the neighboring uses specified that additional limitations are warranted.
	(b) The adult use specifically permitted shall be limited to a single primary adult use, although the special permit may allow for other secondary adult uses. The primary adult use shall be one of those within the term “adult uses.”
	(c) Advertisements, displays, promotional materials or activities (other than an approved sign) shall not be shown, exhibited or undertaken so as to be visible to the public, from pedestrian sidewalks or walkways, or from other areas, which are public or semipublic.
	(d) Any sign shall be approved by the City Council, shall contain only the actual name of the business, and shall not overhang any public street or sidewalk.
	(e) No building in which the use is located shall be painted in garish colors or in any other fashion as will effectuate the same purpose as a sign or advertisement.
	(f) Lobby and entrance areas must be designed so as to minimize obstruction of sidewalks during operating hours
	(g) No loudspeakers or sound equipment shall be used in connection with the use that can be discerned by the public from pedestrian sidewalks or walkways, or from other areas, which are public or semi-public.
	(h) In the event the adult use also involves a use which is licensed, such as the sale of alcoholic beverages, massage establishments or theaters, the use shall at all times be properly licensed.
	(i) No unlawful activities may be conducted on the premises.
	(j) This provision shall not be construed to allow violation of any applicable laws, including but not limited to those pertaining to obscenity, indecent conduct (§ 132.04), or the sale of alcoholic beverages (Chapter 111).
Editor’s note: Ordinance 8041 provided the following transition provision. Transition: The provisions of this ordinance as they pertain to special permits for adult uses shall not apply to any adult use lawfully in existence at the time this ordinance takes effect, provided that the adult use continues to be conducted at the same location and in the same manner it was on the effective date of this ordinance, the ownership of the business or stock in the business conducting the use is not changed at any time thereafter to the cumulative extent of 50% or more, and the adult use is registered with the Secretary of the Plan Commission within 90 days after the effective date of this ordinance. No charge shall be made for the registration. The form of registration shall be as prescribed by the Secretary of the Plan Commission but shall set forth, at a minimum, the location, nature and ownership of the adult use. Upon being duly registered, a special permit for the use shall be issued. Except as otherwise provided in this division, the special permit shall thereafter be subject to the provisions generally applicable to special permits, provided, however, without further approval, the use can be made to more conform with the requirements governing adult uses. In the event the location, nature or ownership of the adult use is changed as provided above, or the adult use is not registered, the right to continue the use shall automatically terminate. If and when requested by the Secretary of the Plan Commission, the last known owner or owners of the use shall file an affidavit with the Secretary of the Plan Commission setting forth any changes relative to the use (e.g. ownership). If not provided within 30 days after a request therefore is made, the right to continue the use shall terminate and the special permit considered withdrawn. In the event of an extension of jurisdiction of the city’s zoning authority, the same rules shall apply as to the use, but from the date the jurisdiction is effectively extended. Once the right to continue an adult use hereunder terminates, a special permit under the terms of division (b), as amended by this ordinance, shall be required. In the event an adult use also sells alcoholic beverages, the other use must be separately registered if a special permit would be required in the district involved. The other registration shall not be deemed to allow the continuance of the adult use beyond the period allowed by this section. Instead, each respective use shall be governed by their separate transition provisions.
Sale of alcoholic beverages	(a) The sale of alcoholic beverages may not be located within 500 feet of any pre-existing district use for the sale of alcoholic beverages; and not-for-profit school, community college, college or other similar educational institution; any church or other place of worship, any residentially zoned areas; any building used by the United States, the state or any unit of local government; or any parks or playgrounds. This restriction may, however, be waived by the City Council if:	NR2 and C1B and other district in which the sale of alcoholic beverages is incidental and secondary to a primary use, including but not limited to colleges, country clubs and golf courses except by special permit, the sale of alcoholic beverages shall not be allowed as a primary use in districts of a higher classification than C1B such as C1A and all residential districts
	(1) The proposed use will not be contrary the public interest or injurious to nearby properties and the spirit and intent of this provision observed;
	(2) The proposed use will not enlarge or encourage the development of “skid-row” or similar deteriorated area;
	(3) The establishment of an additional use of this type in the area will not be contrary to any program of neighborhood conservation permit or improvement, either residential or nonresidential; and
	(4) The other applicable alcoholic regulations of Chapter 111 are observed.
	(b) The business must be properly licensed.
	(c) No illegal activities may be conducted on the premises.
	(d) This provision shall not be construed to allow violation of any applicable laws including, but not limited to those pertaining to the sale of alcoholic beverages. The issuance of a special permit shall further not be construed to allow the sale of alcoholic beverages without the requisite license such as that required by Title XI of the municipal code or other applicable laws or ordinances.
Editor’s note: Ordinance 8041 provided the following transition provisions. Transition: The provisions of this ordinance as they pertain to special permits for the sale of alcoholic beverages shall not apply to any business lawfully licensed and actually selling alcoholic beverages at the time this ordinance takes effect, provided that the use continues to be conducted at the same location and in the same manner it was on the effective date of this ordinance, and the use is registered with the Secretary of the Plan Commission within 90 days after the effective date of this ordinance. No charge shall be made for the registration. The form of registration shall be as prescribed by the Secretary of the Plan Commission but shall set forth, at a minimum, the location and nature of the use. Upon being duly registered, a special permit for the use shall be issued. Except as otherwise provided in this division, the special permit shall thereafter be subject to the provisions generally applicable to special permits, provided, however, without further approval, the use can be made to more conform with the requirements governing the sale of alcoholic beverages. In the event the location or manner of the use is changed as provided above, or the use is not registered, the right to continue the use shall automatically terminate. In the event of an extension of jurisdiction of the city’s zoning authority, the same rules shall apply as to the use, but from the date the jurisdiction is effectively extended. Once the right to continue the sale of alcoholic beverage hereunder terminates, a special permit under the terms of division (a) above, as amended by this ordinance, shall be required. The conduct of a business for the sale of alcoholic beverages is expressly permitted notwithstanding the sale or transfer of the business. To better give effect to this division, the Secretary of the Plan Commission may notify in writing all holders of a liquor license under Title XI of the municipal code of the registration requirements of this ordinance.
Bed and breakfast	(a) Applicants shall submit a floor plan of the dwelling unit illustrating that the proposed operation will comply with the city zoning regulations as amended, other applicable city codes and ordinances, and within the provisions of this section.	Any
	(b) The City Fire Department and Building Inspection Office shall be contacted in order that the building can be inspected for compliance with all city building and fire prevention codes, all related ordinances and the State Life Safety Code. The inspection shall include, but shall not be limited to, the proper number and type of exits, open staircases, emergency lighting and installation of smoke detectors.
	(c) Lavatories and bathing facilities shall be available to all persons using any bed and breakfast operation and shall comply with all city and state plumbing and electrical codes.
	(d) Two off-street parking spaces plus additional space per room to be rented must be provided. Tandem parking is allowed; however, not more than two cars per space shall be allowed. All parking spaces shall be paved. If the applicant is unable to meet this condition, the applicant may request special consideration from the Plan Commission. The city’s intent is to discourage yards from being destroyed, landscaping removed or the integrity of the neighborhood altered in order to provide parking. In that case the applicant shall submit an analysis of parking required and parking provided within 300- foot radius of the subject parcel. After review, the Plan Commission may recommend lowering the number of the required parking spaces based on the fact that, sufficient parking exists in the neighborhood.
	(e) A non-internally illuminated identification sign, not exceeding four square feet may be mounted flat against the wall of the principle building.
	(f) The dwelling unit in which the bed and breakfast operation takes place shall be the principle residence of the operator/owner and the operator/owner shall live on the premises when the bed and breakfast operation is active.
	(g) The bed and breakfast sleeping room(s) shall occupy no more than a total 25% of the dwelling unit floor area. If the applicant is unable to meet this condition, the applicant may request special consideration from the Plan Commission.
	(h) The maximum consecutive stay for any occupants of bed and breakfast operations small be 90 days Each operator shall keep a list of all persons staying at the bed and breakfast establishment for purposes of verification of this division. The list shall be available for inspection by city officials at any time.
Stormwater retention/detention areas and facilities	A special permit shall be required for the placement of stormwater retention/detention areas or facilities in resident al districts which are adjacent to or which benefit developments located in commercial or industrial districts. Fencing and landscaping of the stormwater retention/detention areas shall be required as needed to ensure the safety and aesthetic appeal of adjacent residential areas.	Any
Animal crematoriums	Animal crematoriums shall be located at least 100 feet from a property boundary in the M1 District, 200 feet from a property boundary in the C2 District and 300 feet from any property line in an RU1 District.	RU1, C2, M1
Standard outdoor advertising structures (billboards)	(a) The maximum area for any one SOA shall not exceed 300 square feet of advertising space, excluding framework, base apron, supports and other structural members on a monopole.	C2, M1, M2
	(b) The maximum height shall not exceed 40 feet from the highest point on the SOA to surrounding grade or street level, whichever is higher. The minimum height from the surrounding grade shall be ten feet.
	(c) The maximum size limitations shall apply to each side of a SOA structure, and SOA may be placed back to back so long as they do not exceed the maximum height limitation specified above.
	(d) No SOA shall be erected within 1,500 radial feet of an existing SOA. This spacing requirement applies to both sides of the street.
	(e) No outdoor advertising structure shall be less than 75 radial feet from any on-premise freestanding sign on the same side of the street.
	(f) No SOA shall be located within 500 radial feet of a lot line of a residentially zoned property or a single-family residence, regardless of zoning districts.
	(g) No SOA shall be located within 500 radial feet of any park, school, church, hospital, cemetery, public housing, government building, local Landmark, local Historic District or National Register Historic District.
	(h) No SOA shall be located in a manner as to obstruct or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device or obstruct or physically interfere with a motor vehicle operator’s view of approaching, merging or intersecting traffic.
	(i) No SOA shall be so located as to obstruct the vision of traffic using entrances, driveways or any public road intersection.
	(j) The minimum front yard setback for a SOA shall be 25 feet of the right-of-way.
	(k) No SOA shall be located on or over any public or private utility easement road or drainage easement.
	(l) All distances shall be measured from the nearest outside edge of the subject SOA, whether a support, structural member or the SOA surface itself, to the nearest outside edge of the corresponding SOA, building, right-of-way or easement involved.
	(m) Prohibited SOA include: roof-mounted SOA, stacked SOA, side-by-side SOA, pinwheels, pennants, streamers and banners, moving SOAs, or swinging signs, SOA which contain characters or cartoons that contain statements, words or pictures of an obscene, indecent, prurient or immoral character.
	(n) SOA which contain or imitate an official traffic sign or signal or which are of a size, location, movement, content, coloring or manner of illumination which may be confused with, or construed as, a traffic control device, or which may hide from view any traffic or street sign or signal, any SOA constructed or located in a manner that it becomes an immediate hazard or danger to persons or property because of being in an unsafe condition, or which obstructs any view, window, door or fire escape of an adjacent building are not permitted. The SOA will be subject to the nuisance abatement provisions of Chapter 92 from the municipal code.
	(o) All SOA and SOA supports shall be maintained in good repair so as to prevent rust, peeling, flaking or fading. Broken panels, missing letters, flaking or peeling paint and other visual damage to a SOA shall be repaired within 30 days of notification by the Building Inspector or his or her designee.
	(p) Illumination. Neither the direct nor reflected light from primary light sources shall create a traffic hazard to operators of motor vehicles on public thoroughfares, nor shall the light sources be oriented such that either direct or reflected light creates a nuisance to adjoining properties. The lighting shall be directed toward and confined to the advertising face. The SOA shall not be illuminated between the hours of 12:00 a.m. to 6:00 a.m.
	(q) Plan required. An application to erect a sign shall be accompanied by six sets of site plans prepared and sealed by a structural engineer or architect providing all necessary construction and electrical details of the SOA and SOA structure, including a representation of the proposed SOA, the width and length of the SOA, the height from the surrounding grade and wind load. A site plan shall contain:
	(1) The proposed location of the SOA upon the property;
	(2) The zoning district classification of the petitioner’s parcel and all abutting parcels;
	(3) The distance from the proposed SOA location to any building(s) upon the property and adjoining properties, and adjoining street right-of-way lines and driveway entrances;
	(4) The distance from the proposed SOA location to the next nearest SOA on either side of the street in either direction;
	(5) The distance of the SOA location to the nearest street intersection in either direction;
	(6) The distance from the proposed SOA to the nearest residence or residential zoning district;
	(7) The location of any public or private utility, road or drainage easements;
	(8) The distance from the proposed SOA to any on-premise freestanding signs; and
	(9) The distance from the proposed SOA to any parks, schools, hospitals, cemeteries, public housing, churches, government buildings, local Landmarks, local Historic Districts or National Register Historic Districts.
Self storage facilities	Building height shall be limited to 16 feet above grade. Side yards shall be 50 feet. Side and rear yards shall have sight-proof landscaping and/or fencing to screen the use from adjacent properties. A 50-foot buffer strip planted in grass shall be maintained within the property lines. The land area shall be not less than three acres. All exterior light source shall be indirect, diffused or shielded-type fixtures, installed to reduce glare and the consequent interference with boundary streets and adjacent property.	RU1 when frontage upon a major street per most recent Major Street Plan adopted by the city
Group home	Twenty-four-hour-a-day supervision is required to be provided by paid or volunteer staff.	R3
Halfway houses	There must be 800 feet between a group home or halfway house and any pre-existing day care, preschool, private or public school, college or vocational school. twenty- four-hour-a-day supervision is required to be provided by paid or volunteer staff.	R3
Automatic changeable copy signs for public or semi-public buildings, philanthropic, charitable, or religious institutions	(a) Illumination shall be limited to the hours of 7:00 a.m. to 9:00 p.m.	RU1, RE1, RS, R1A, R1B, R1C, R2, R3, NR1, NR2
	(b) A dark, non-moving background shall be maintained when the board is illuminated.
	(c) Message displayed shall be static. A new message is permitted every 60 seconds.
	(d) Moving, flashing, twinkling, and scrolling messages are prohibited.
	(e) Signs shall be equipped with dimming technology that automatically adjusts the display’s brightness based on ambient light conditions.
	(f) Signs shall be set back a minimum distance of ten feet from the street right-of-way.
	(g) On corner lots, no sign shall be located within 15 feet of a street intersection as measured from the street right-of-way at the corner.
	(h) Not more than one sign per frontage not exceeding 32 square feet in size per face.
	(i) Automatic changeable copy signs shall be equipped with a sensor or device that automatically determines the ambient illumination and is programmed to automatically dim according to ambient light conditions, not to exceed 0.3 footcandles above ambient light.
	(j) The applicant shall provide written certification from the automatic changeable copy sign manufacturer that the light intensity has been factory preset not to exceed 0.3 footcandles above ambient light and the intensity level is protected from end user manipulation by password-protected software or other method as deemed appropriate by the Director of Planning and Development.
	(k) Any person, firm or corporation that violates the automatic changeable copy sign provisions, in addition to other such relief as the law may afford, will be subject to a minimum fine of $500.
Nightclubs and cabarets	(a) Off street parking shall be approved based on one space per 2.3 person maximum occupancy.	M1, M2
	(b) Management of the nightclub shall ensure the nightclub property and all areas within 200 feet of the nightclub are free of any waste or litter generated by the nightclub, by 6:00 a.m. following each night of operation.
Commercial solar energy facilities	See Ordinance 9505, establishing Chapter 164 Commercial Solar Energy Facilities.	M1, M2, M3

(1) The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor significantly diminish and impair property values within the neighborhood;

(3) The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

(4) Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;

(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets;

(6) The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as the regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission; and

(7) The special use shall in all respects also conform to the applicable regulations of the district in which if located it would be a permitted use, except as to the regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission.

(D) Conditions and guarantees. Prior to granting any special use, the Plan Commission may recommend, and the City Council shall stipulate, the conditions and restrictions upon the establishment, location construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements as specified herein, or as may be from time to time required. In all cases in which special uses are granted, the City Council shall require evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. All conditions, guarantees and the applicable specific conditions set forth in division (B) above, must be fully complied with prior to the use being commenced. If the conditions, guarantees or specific conditions are not complied with, the use shall be immediately terminated. The City Council may also revoke any special permit for a failure to comply.

(E) Limitation of special permit. It is the responsibility of all applicants for special permits to submit complete and thorough plans relative to any specially permitted use. This is particularly important relative to the exterior of any building. Any use, activity or items not clearly incidental to or implied from the specially permitted use shall not be allowed. What is clearly incidental to or implied shall be strictly construed. Use, activity or items shall include, but not be limited to, lighting, signs and parking arrangements.

(F) Procedures.

(1) Application. The form of application for a special permit shall be prescribed by the Secretary of the Plan Commission, but shall include requirements as may be imposed by the Plan Commission or the City Council, if any. All applications for special permits shall be filed with the Secretary of the Plan Commission. The application shall be accompanied by one paper copy and one electronic/digital copy of a detailed plot plan of the lot and proposed use, drawn to an accurate scale by a person competent therein, showing all pertinent information. It is the responsibility of all applicants for special permits to submit complete and thorough plans relative to any specially permitted use. This is particularly important relative to the exterior of any building or structure. Any use, activity or items not clearly incidental to or implied from the specially permitted use shall not be allowed. What is clearly incidental to or implied shall be strictly construed. Use, activity or items shall include, but shall not be limited to, landscaping, lighting and parking arrangements. The Secretary of the Plan Commission may also require submission of a proposed form of special permit.

(2) Review by Plan Commission. The Plan Commission shall conduct a public hearing on the application to be held within 60 days from the date of the receipt of the application by the Secretary of the Plan Commission. After the hearing on the application, the Plan Commission shall file a report with the City Council. The Plan Commission shall have 60 days following the filing of the application to hold a hearing and submit its report. If a report is not filed with the City Council within 60 days, it may be assumed by the City Council that the Plan Commission approved the application, providing a hearing has been held. In its review, the Plan Commission shall consider the standards and conditions set forth in this division as well as any other pertinent matters.

(3) Notice of hearing. The Plan Commission shall cause to be published public notice of the hearing on each proposed special permit at least once, not less than 15 days nor more than 30 days before the hearing, in a newspaper published within the city. The notice shall contain the date and location for which the public hearing, the subject property for which the special permit is requested, a brief statement of the use for which the special permit is being requested and shall state that every person in attendance at the hearing shall have an opportunity to be heard, that every interested party (as defined under § 162.001) shall have the right to cross-examine others at the hearing, provided that the interested party enters his or her appearance with the Department of Planning and Development no later than three business days before the date of the public hearing. In addition to providing public notice by publication, the Department shall post a sign at the subject property advising the public of the requested action; the sign shall be posted not less 15 days prior to the public hearing.

(4) Notice to property owners. The applicant shall not less than 15 days before the date of the public hearing, serve written notice, either in person or by registered or certified mail, return receipt requested, on at least one owner of each property within 250 feet in each direction of the lot line of the subject property unless waived by the Plan Commission or City Council. Ownership shall be based solely on the tax records of the county. The number of feet occupied by all public roads, streets, alleys or other public ways shall be excluded in computing the 250 feet requirement; provided further that in no event shall this requirement exceed 400 feet, including public streets, alleys and other public ways. The notice shall contain the same information as is required under division (F)(3) above for the public hearing notice. If, after a bona fide effort to determine the address by the applicant, the owner of the property on which notice is served cannot be found at his, her or its last know address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of these provisions shall be deemed satisfied. Proof of giving notice hereof by affidavit shall be filed with the Secretary of the Plan Commission. A failure to comply with the provisions of this division shall not affect or invalidate the issuance of a special permit and additionally may be waived by the City Council or Plan Commission.

(5) Issuance. After receiving the recommendations and report of the Plan Commission, the City Council may grant the proposed special permit, with or without change, may eject it, may recommit it to the Plan Commission for further consideration or take other appropriate action. The special permit shall be issued by the Secretary of the Plan Commission if and as a proved by the City Council. The special permit shall be subject to terms and conditions as required by the City Council and otherwise by this chapter. The terms and conditions may exceed those otherwise contemplated herein if deemed necessary for the protection of the public interest and to secure compliance will the standards and requirements specified herein or as may be from time to time required.

(6) Continuation of bearing. After notice of a scheduled hearing has been published, or served on adjoining property owners, as provided herein, the hearing may be continued or withdrawn only upon approval of the Plan Commission. A request by an applicant for continuation or withdrawal may only be granted for good cause. Any request must be made in person to the Plan Commission or in writing setting forth the reasons for the request. Notwithstanding any request, the Plan Commission shall have the discretion to: grant the request; deny the request and hold any required public hearing and make a recommendation to the City Council regarding the subject application; or grant a continuance and defer taking any final action, but proceed with any required public hearing. In addition, and notwithstanding the foregoing, if an applicant (who has otherwise failed to previously request a continuation or withdrawal of an application) fails to appear at the scheduled hearing, the application may be denied by the Plan Commission with or without any required public hearing and the denial reported to the City Council.

(7) Fees. Except in those cases where a special permit is requested by the city, a fee of $300 shall be paid to the city to defray the cost of the administration, publishing, posting notices of the proposed amendment and the cost of maintaining a record of the public hearing. The fee shall be paid to the Department of Planning and Development.

(G) Multiple special permits. In the event two or more uses or activities are conducted on premises requiring special permits, a separate special permit shall be required for each the use or activity.

(H) Change in or additions to use. An amendment to a special permit shall be sought in the event there is proposed any material change in or addition to a specially permitted use or any matters related to the same. An amendment to a special permit shall be sought in the same manner as an original special permit. Without in any way limiting the requirement of obtaining an amendment to a special permit, a material change or addition in a specially permitted use shall be deemed to occur if there is or will be a change in or addition to a use, activity or items not clearly incidental to or implied from the specially permitted use. What is clearly incidental to or implied from shall be strictly construed. Use, activity or items shall include, but not be limited to lighting, signs, parking arrangements, size of any structure, change in access, an increase or amplification of the intensity of the use, and an increase in that portion of a tract occupied by the use.

(I) Permits run with land. All special permits run with the land unless they shall otherwise provide. The right to conduct the specially permitted use is, accordingly, incident to the ownership of the premises to which it pertains. A specially permitted use may be rebuilt if damaged or destroyed. However, in all events, the use shall be subject to the terms and conditions of this subchapter and the special permit.

(J) Effect of denial of special permit. After a public hearing has been held and a special permit denied in whole or part by the City Council or by the Quincy Plan Commission, an application for the same special permit or a permit which is substantially or materially the same as the denied permit shall not be resubmitted for a period of one year from the date of the denial, unless allowed by the City Council. In general, resubmission shall be allowed only if there is substantial new evidence or proof of changed conditions found to warrant resubmission.

(1980 Code, § 29.203) (Ord. 9000, passed 12-29-2003; Ord. 9015, passed 6-21-2004; Ord. 9104, passed 4-2-2007; Ord. 9255, passed 3-31-2014; Ord. 9267, passed 9-29-2014; Ord. 9271, passed 12-22-2014; Ord. 9290, passed 5-23-2016; Ord. 9330, passed 3-19-2018; Ord. 9339, passed 7-16-2018; Ord. 9370, passed 2-11-2019; Ord. 9423, passed 8-16-2021; Ord. 9506, passed 9-16-2024; Ord. 9511, passed 1-7-2025) Penalty, see § 162.999