Agricultural processing plants in any district which process agricultural products produced on the premises or within a contiguous area shall be so located as to provide convenient trucking access with a minimum of interference to normal traffic; and shall provide parking and loading spaces. Proponents shall show that adequate measures shall be taken to control odor, dust, noise and water disposal so as not to constitute a nuisance and shall show that the proposed source of water will not deprive others of normal supply.

(Ord. No. 21-5231, § 2, 4-12-2021)

Airports, heliports or landing strips for aircraft shall be located no closer than 600 feet from any residential dwelling; and shall be located so that air or land traffic shall not constitute a nuisance to neighboring uses. Proponents shall show that adequate controls or measures will be taken to prevent offensive dust, noise, vibrations or bright lights; proponents shall show that the field in question comes up to standards of the Federal Aviation Administration for the particular class of field.

(Ord. No. 21-5231, § 2, 4-12-2021)

Amusement centers, bowling alleys, dancehalls and similar places of amusement shall provide parking with ingress and egress designed so as to minimize traffic congestion; shall not be less than 20 feet from any property line; shall provide a solid board fence, masonry wall or dense hedge separating parking area from abutting residential property; and shall show that adequate controls or measures will be taken to prevent offensive noise and vibration.

(Ord. No. 21-5231, § 2, 4-12-2021)

Golf driving ranges and amusement parks shall be located on major or secondary thoroughfares or nonresidential streets. Floodlights used to illuminate the premises shall be so directed and shielded as not to be an annoyance to any developed residential property. Golf driving platforms shall be not less than 200 feet from any adjacent residence district, except in the RD residential district, or existing dwelling. A temporary certificate may be renewed for a period of one year at the expiration of such certificate, provided that all requirements of this chapter have been and can continue to be complied with.

(Ord. No. 21-5231, § 2, 4-12-2021)

Animal feed yards, animal sales yards, riding academies and public stables shall be located no closer than 200 feet from any property line; shall provide automobile and truck egress; and shall provide parking and loading spaces, so designed as to minimize traffic hazard and congestion. Proponents shall show that odor, dust, noise, drainage shall not constitute a nuisance or a hazard to adjoining property or uses.

(Ord. No. 21-5231, § 2, 4-12-2021)

Animal hospitals shall be located no closer than 100 feet to any residential district, restaurant, hotel or motel in any district, and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premises.

(Ord. No. 21-5231, § 2, 4-12-2021)

No person shall operate a bed and breakfast establishment without first having obtained the necessary special use permit from the city. The requirements set forth for the issuance of a special use permit must continue to be adhered to by the property owner so long as the property is used as a bed and breakfast establishment. Failure to adhere to these requirements will result in the immediate cancellation of the special use permit by the city, together with other remedies as set forth in this Code.

(1)

General requirements.

a.

Each owner shall maintain a guest register.

b.

The owner shall comply with the minimum standards relating to serving breakfast and the standards relating to linen, towels, etc., as set forth in the Illinois Bed and Breakfast Act (50 ILCS 820/1 et seq.).

c.

The appearance of the bed and breakfast house may not be altered in a manner which would cause the premises to differ from its residential character by use of color, lighting, signs, etc.

d.

The owner must comply with fire prevention and safety ordinances adopted by the city.

e.

The special use permit shall be issued for a specific period of time, not longer than ten years.

(2)

Special use permit required.

a.

An application for a bed and breakfast special use permit (section 110-31, special uses) shall include at a minimum the following, together with payment of the appropriate fee:

1.

A site plan depicting all existing conditions of, and proposed modifications to, buildings, walks, drives, parking, berms, planting, fencing, signage and lighting. Pertinent elevations or perspective drawings may be requested for more accurate review of various details;

2.

Photographs of the house proposed for bed and breakfast use, accessory buildings and zoning lot;

3.

A floor plan showing all rooms and designation of room usage; and

4.

In the case of special use permit renewal, records of payments to the state department of revenue, the county and the city for hotel/motel taxes shall be submitted.

b.

The special use permit shall contain a record of the information on which the permit is based, including the following:

1.

The specific period of time for which the permit shall be granted, not greater than ten years;

2.

Proof of registration with the state department of revenue, the county, and the city for hotel/motel taxes shall be given to the zoning administrator within 90 days; and

3.

Proof of compliance with fire and safety criteria.

(3)

Enforcement. Enforcement of the standards set forth in this article shall be the responsibility of the office of the building official. Complaints regarding bed and breakfast noncompliance shall be directed to that office.

(4)

Conflicting requirements. The provisions of this article shall be deemed as additional requirements to standards required by other ordinances of the city. In case of conflicting requirements, the most specific shall apply.

(5)

Violations; penalty. Failure to comply with this article and with other applicable state, county and city ordinances relating to bed and breakfast establishments shall be grounds for revocation of the special use permit. In addition, any person, firm, trust, corporation or other legal entity found to have violated this article has committed a city ordinance violation and may be punished as provided in section 110-35, enforcement and penalties, for each offense.

(Ord. No. 21-5231, § 2, 4-12-2021)

It is unlawful for any person to establish a cemetery or to bury any person within the city limits, or within one mile of the city limits, except in an established cemetery. Cemeteries, crematories and mausoleums shall provide entrance on a major street or road with ingress or egress so designed as to minimize traffic congestion; shall provide required off-street parking space; and shall provide a minimum six-foot-high wall or minimum three-foot-thick, six-foot-high evergreen hedge, or provide a minimum 20 feet of permanently maintained planting strip on all property lines abutting any residential zoning district or residential street.

(Ord. No. 21-5231, § 2, 4-12-2021)

The following shall apply to community buildings, social halls, lodges, fraternal organizations and clubs:

(1)

All buildings must be a minimum of 20 feet from the side lot line, and 50 feet from the rear lot line.

(2)

There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.

(3)

Any such use must be located on a major or secondary thoroughfare or be able to provide access without causing heavy traffic on local residential streets.

(Ord. No. 21-5231, § 2, 4-12-2021)

The following shall apply to country clubs and golf courses:

(1)

No building shall be located within 100 feet of any property line.

(2)

Facilities such as restaurants and bars may be permitted when conducted and entered from within the building.

(3)

Swimming pools, tennis courts and the like shall be located not less than 25 feet from any property line, and adjoining property in any residence or commercial district shall be effectively protected by a wall, hedge and/or screen planting.

(Ord. No. 21-5231, § 2, 4-12-2021)

Day nursery school having more than five children shall maintain a solid board, chain-link, or masonry fence no more than six feet high on any property line abutting a residential district. A day nursery school shall be located only on a lot at least 10,000 square feet in area.

(Ord. No. 21-5231, § 2, 4-12-2021)

Drive-in theaters shall be located only on major thoroughfares; shall provide ingress and egress so designed as to minimize traffic congestion; shall be located sufficiently distant from any residential zoning district, except the RD residence district, or existing dwelling, and so screened from such district or dwelling that any noise shall not disturb residents; and shall maintain lighted signs and other lights only in such a way as not to disturb neighboring residents.

(Ord. No. 21-5231, § 2, 4-12-2021)

Essential services, city-owned utilities, electric power and communication transmission lines are exempt from the requirements of this chapter.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

The excavation from or deposit on the earth of rock, stone, gravel, sand, earth, minerals or building or construction materials shall not be construed to be a permitted use in any district established by this chapter unless and until a building permit (section 110-27, building permits) shall first have been secured therefor, except for the following defined extractions and deposits:

(1)

Excavations for the foundation or basement of any building or for a swimming pool for which a land use permit or a building permit has been issued, or deposits on the earth where any building permit has been issued.

(2)

Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than ten feet in vertical height, or when less than 1,000 cubic yards of earth are removed from the premises.

(3)

Grading in a subdivision which has been approved by the city in accordance with the city subdivision regulations and any amendments thereto.

(4)

Excavations by any public agency or public utility for the installation, operation, inspection, repair or replacement of any of its facilities.

(b)

Any quarry or gravel pit existing as such on the effective date of the ordinance from which this chapter is derived shall obtain a new use permit and conform with the provisions of this chapter within one year of the adoption of this chapter.

(c)

The city council shall have the power to grant special use permits (section 110-31, special uses), revocable and valid for specified periods of time, to permit extractions from or deposits on the earth or rock, stone or gravel, sand, earth, minerals or building or construction materials, as set forth in this section.

(d)

The building official shall make such inspections as he deems necessary or as are required by the planning and zoning commission to ensure that all work is in accordance with the use permit.

(e)

The conditions under which a permit for excavation from or depositing on the earth of said materials may be issued may include, but are not limited to, any requirements deemed necessary to protect the public health, safety, comfort, convenience or general welfare, including insurance against liability arising from production or activities or operations incident thereto; completion of the work and cleaning up and planting in accordance with approved plans; designation of areas in which work may be done; designation of the slope to which excavation may be made or the grade of filling; provisions for controlling dust; hours during which operations may proceed; precautions which must be taken to guide safe traffic movements in and around and by said operation; enclosure by fences of exterior boundaries of property to be used; posting of a good and sufficient bond to assure compliance with the use permit; and any other conditions deemed necessary by the planning and zoning commission.

(Ord. No. 21-5231, § 2, 4-12-2021)

Fertilizer plants and yards shall be no closer than 200 feet to any residential district, except the RD rural development district; shall provide automobile parking and truck loading area together with ingress and egress so designed to minimize traffic hazard and congestion; and shall show that odor, dust, noise and drainage will not constitute a nuisance to surrounding properties.

(Ord. No. 21-5231, § 2, 4-12-2021)

Motor fuel stations shall be subject to the following standards:

(1)

The setback of any overhead canopy or weather protection, freestanding or projecting from the station structure, shall be not less than ten feet from the street right-of-way nor less than 20 feet from an adjacent property line.

(2)

The total height of any overhead canopy or weather protection shall not exceed 20 feet.

(3)

Open dead storage of motor vehicles, other than motor vehicles for rent, shall not be permitted for a period of more than 48 hours.

(4)

No sales of motor vehicles or trailers or campers shall be permitted.

(5)

All goods for sale by a motor fuel station convenience store, other than those generally required for the operation and maintenance of motor vehicles, shall be displayed within the principal motor fuel station structure.

(6)

Each motor fuel station shall be architecturally designed so as to be as compatible as possible with the general architectural intent of the area in which it is located.

(7)

For the purpose of architectural appropriateness, each side of a motor fuel station shall be considered as a front face.

(8)

The entire motor fuel station site, other than that part devoted to landscaping and structures, shall be surfaced with concrete or bituminous surfacing to control dust and provide adequate drainage, and such surfaces shall be designed to meet the requirements of a minimum four-ton axle load.

(9)

Wherever a motor fuel station abuts a residential zoning district, a fence or compact evergreen hedge which is a minimum 25 percent opaque and not more than six feet high shall be erected and maintained along the side and rear property line that abuts the residential zoning district. Application of this provision shall not require a fence within 15 feet of any street right-of-way. A minimum yard abutting a residential zoning district shall be not less than 50 feet.

(10)

All trash, waste materials and obsolete automobile parts shall be stored with a separate enclosure behind the principal structure of the motor fuel station.

(11)

All interior curbs shall be constructed within the property lines to separate driving and parking areas from landscaped areas. Such curbing shall be constructed of concrete and shall be of six-inch non-surmountable design.

(12)

All rental campers, trailers or motor vehicles shall be stored within the rear and/or side yard not adjacent to the street. Said rentals shall not be stored within the front yard setback or the side yard adjacent to the street.

(13)

All outside parking spaces shall be located to the side and/or rear of the principal structure.

(14)

All outdoor illumination shall be provided with lenses, reflectors or shades which will concentrate the light upon the premises so as to prevent any undue glare or rays of light therefrom being directly visible upon any adjacent street, roadway or private property occupied for residential purposes, and shall be limited to 0.5 footcandles at all property lines (section 110-208, glare).

(15)

Notwithstanding anything of a more restrictive nature in other sections of this chapter, the following minimum requirements shall be observed for yards and setbacks for motor fuel stations:

(Ord. No. 21-5231, § 2, 4-12-2021)

A home occupation, as defined in this chapter, is permitted as a special use (section 110-31, special uses) in all residential districts; provided, that:

(1)

It is conducted entirely within the dwelling.

(2)

It is incidental and secondary to the use of the dwelling for dwelling purposes, and not more than 25 percent of the floor area of any one story, including also a basement of a dwelling, is devoted to such home occupation.

(3)

It is not conducted from a detached or attached accessory building (section 110-55, accessory buildings, structures, and uses of land) and does not require internal or external alteration, change the character of the dwelling, or involve construction features not customary in a dwelling.

(4)

The entrance to the space devoted to such occupation is from within the dwelling.

(5)

There is no sign, display or activity that will indicate from the exterior of the dwelling that it is being used in whole or in part for any use other than a dwelling.

(6)

It is conducted by only a member of the family residing on the premises, and no person other than a member of the immediate family living on the premises is employed.

(7)

No mechanical or electrical equipment is used other than such as is permissible for purely domestic or hobby purposes.

(8)

No service is rendered, or article is sold or offered for sale on the premises except such as is produced by such occupation on the premises.

(9)

The home occupation shall not require the receipt or delivery of merchandise, goods or equipment by other than carrier mail service or the passenger automobile of the person conducting the home occupation.

(10)

A professional person may use his residence for infrequent consultation, emergency treatment or performance of religious rites, but not for the general practice of his profession.

(11)

Teaching of musical instruments and dancing shall be conducted only in a single-family dwelling, and then to not more than two pupils at one time, and academic or religious instructions may be given to not more than six pupils at one time in a single-family detached dwelling, and not more than one pupil at one time in any other type dwelling unit.

(12)

Clinics, doctor's offices, hospitals, restaurants, animal hospitals and kennels, among others, shall not be deemed to be home occupations.

(Ord. No. 21-5231, § 2, 4-12-2021)

Hospitals, churches or other religious or eleemosynary institutions shall be located on a major street on a minimum parcel of one-half acre; and shall maintain a ten-foot wide minimum landscaped strip on all property lines abutting all residential zoning districts, except the RD rural development district, and on all residential streets.

(Ord. No. 21-5231, § 2, 4-12-2021)

Aboveground storage of materials or products rated as fast burning, or which produce flammable or explosive vapors or gases, in quantities over 1,000 gallons will only be permitted in the I districts; provided that such storage area is not less than 300 feet distant from any nonindustrial district. Such storage area must be provided with adequate safety devices against the hazard of fire and explosion and adequate fire suppression and firefighting equipment and devices standard to the industry and shall meet the requirements of other applicable city ordinances.

(Ord. No. 21-5231, § 2, 4-12-2021)

Joint use of a principal structure for both residential and nonresidential uses is prohibited except that such joint use in the case of home occupations in the B-1, B-3, R-O or RD zoning districts shall be permitted as regulated in this chapter.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Districts where permitted. Mobile home parks are permitted as a special use (section 110-31, special uses) in the districts specified in section 110-160, district use classification list, of this chapter.

(b)

Minimum size. The minimum size of a mobile home park shall be five acres.

(c)

Licensing. Mobile home parks shall comply with all applicable regulations of this Code and the state and city building codes within three years of the adoption of this chapter. All mobile home parks shall be licensed by the city and shall pay a fee of $50.00 each calendar year for said municipal license. In order to obtain a license and be licensed, the mobile home park must meet the requirements and provisions as contained in the applicable state laws, this Code and city building codes.

(d)

Screening. Unless adequately screened by existing vegetative cover, the mobile home park shall be screened by a temporary planting of fast growth material, capable of reaching a height of 15 feet or more, such as hybrid poplar; and a permanent evergreen planting (article VIII, landscaping) such as white or Norway pine, the individual trees to be of such number and so arranged that within ten years they will have formed a screen equivalent in opacity to a solid fence or wall. Such permanent planting shall be grown or maintained to a height of not less than 15 feet.

(e)

Minimum yard setback. There shall be a minimum yard setback of 40 feet along all exterior boundaries of the mobile home park.

(f)

Minimum dimensions of mobile home sites. Minimum dimensions of a mobile home site shall be 50 feet wide by 85 feet long.

(g)

Surfacing of drives, parking areas and walkways. All drives, parking areas and walkways shall be hard-surfaced (article XIV, definitions).

(h)

Maximum number of mobile homes per acre. The maximum number of mobile homes per one acre shall be not more than ten.

(i)

Penalty. The owner or manager of any mobile home park which violates any of the provisions of this Code shall be subject to punishment in accordance with section 110-35, enforcement and penalties, together with other remedies as may be allowed by the circuit court including all remedies available at law and in equity, including restraining orders.

(Ord. No. 21-5231, § 2, 4-12-2021)

Approval must be obtained from proper agencies concerning health and safety conditions and said home must be licensed by such agencies. Said use must meet space requirements specified for the multi-family residential district within which it is located.

(Ord. No. 21-5231, § 2, 4-12-2021)

The following shall apply to pawnshops:

(1)

Pawnshops shall be allowed only in a B-1 central business district or a B-2 highway commercial district by the approval of a special use permit (section 110-31, special uses).

(2)

There shall be no sale or pawning of firearms or other weapons unless in compliance with all city, state and federal laws governing the sale of such firearms and/or weapons.

(3)

Hours of operation are limited from 8:00 a.m. to 7:00 p.m.

(Ord. No. 21-5231, § 2, 4-12-2021)

A private swimming pool, as regulated in this section, shall be any pool, pond, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 1.5 feet. No such swimming pool shall be allowed in any residential or rural development district, except as an accessory use and unless it complies with the following conditions and requirements:

(1)

The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.

(2)

It may not be located, including accessory structures adjacent thereto, closer than ten feet to any property line of the property in which it is located.

(3)

The swimming pool or the entire property on which it is located shall be so walled or fenced as to prevent uncontrolled access by children from the streets or from adjacent properties; and where located closer than 50 feet to any property line, shall be screened by a wall, fence or compact hedge not less than four feet in height, maintained in good condition. The wall of a pool may serve as such a barrier provided that the vertical measurement from finished grade to the highest point of the pool wall, measured from finished grade, along the entire outer edge of said pool, measures no less than the 48 inches in height.

(4)

All swimming pools hereafter installed shall conform to all requirements of health, building, electrical and plumbing codes.

(Ord. No. 21-5231, § 2, 4-12-2021)

Community buildings, private clubs, lodges, social or recreational establishments may engage in retail sales for guests, provided that:

(1)

There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.

(2)

There shall be no harm to adjacent existing or potential residential development due to excessive traffic generation, noise (section 110-204, noise) or other circumstances.

(Ord. No. 21-5231, § 2, 4-12-2021)

Security and farm fences are permitted on the property lines in all zoning districts except residential zoning districts (article V, division 2, residential) but shall not exceed ten feet in height and shall be of an open type similar to woven wire or wrought iron fencing. Fences of any height shall be permitted in connection with any farm use; except that the requirement of traffic visibility at intersections (section 110-58, vision clearance triangle) shall be observed.

Residential fences or walls not over six feet in height are permitted, except that:

(1)

On corner lots, no fence or wall will extend beyond the street setback requirements, or building line, whichever is greater.

(2)

On interior lots, fences or walls will be permitted on rear and/or side yards, extending no further than the front building line.

(3)

No fences or walls will be permitted in areas established as utility easements unless provision is made for removal when required for maintenance, installation or replacement of utilities.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Definitions. See article XIV, definitions.

(b)

Restrictions—Location. Sexually-oriented land uses, as defined herein, are permitted in the I-3 heavy industrial and I-2 general industrial zoning districts, as a special use (section 110-31, special uses) after obtaining a special use permit, and shall additionally be restricted as to location in the following manners:

(1)

Other similar uses. Any sexually-oriented land use shall not be located within a 1,000-foot radius of another sexually-oriented land use.

(2)

Residential uses. Any sexually-oriented land use shall not be located within a 1,000-foot radius of any area zoned for residential use.

(3)

Place of worship; parks. Any sexually-oriented land use shall not be located within a 1,000-foot radius of any church, or other place of religious worship, park, playground, or athletic field.

(4)

Schools. Any sexually-oriented land use shall not be located within a one mile radius of any public or private school.

(5)

Measurement. The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel of property for which a sexually-oriented land use is proposed to the nearest point of the property line from which the proposed land use is to be separated.

(c)

Parking requirements. Parking shall be provided on premises at the rate of one space per 300 square feet of gross floor area or one space per person at the maximum capacity of the establishment, whichever is greater.

(Ord. No. 21-5231, § 2, 4-12-2021)

(a)

Purpose. The purpose of this article is to prevent and control water pollution and to preserve shore cover and natural beauty.

(b)

Applicability. The provisions of this article shall apply to the shorelands of the Kyte River.

(c)

Setbacks. For lots that abut on the Kyte River, all buildings and structures, except accessory uses which require a lesser setback as determined by the planning and zoning commission, shall be set back at least 100 feet from the high-water line and elevated at least two feet above the established high-water elevation, unless otherwise specified in this chapter.

(d)

Special use permit required for dredging, channeling, filling or grading. Except for any drainage district, a special use permit (section 110-31, special uses) shall be required for any dredging or channeling or for any filling or grading of more than 500 square feet of any wetland which is contiguous to the river, or more than 2,000 square feet on non-wetland soils located adjacent to the river. For purposes of this section, a wetland shall be defined as any area where groundwater is at or near the surface a substantial part of the year, as determined by the building official.

(e)

Additional conditions for filling or grading. In granting a special use permit (section 110-31, special uses) for filling or grading, the planning and zoning commission may attach the following conditions in addition to those specified elsewhere in this article:

(1)

The smallest amount of bare ground is exposed for the shortest feasible time period.

(2)

Temporary ground cover such as mulch is used, and permanent cover such as sod is planted.

(3)

Diversions, silting basins, terraces and other methods to trap sediment are used.

(4)

Fill is stabilized according to accepted engineering standards.

(5)

Fill will not restrict a floodway or destroy the storage capacity of a floodplain.

(6)

Walls of a channel or artificial watercourse are stabilized to prevent slumping.

(7)

Sides of channels or artificial watercourses are constructed with side slopes of two horizontal to one vertical or flatter, unless vertical bulkheading is provided.

(Ord. No. 21-5231, § 2, 4-12-2021)

Stables and kennels shall not be permitted on property situated in districts of any classification; except that a permit, valid for one year only and renewable at the option of the city council, may be granted for the temporary erection and maintenance of a stable or kennel when the council is advised by the planning and zoning commission that each would not be inconsistent with the purposes of this chapter.

(Ord. No. 21-5231, § 2, 4-12-2021)

A temporary tract office in any district shall be located on the property to which it is appurtenant, shall be limited to a six month period, at the expiration of which time the applicant may request a further extension of time; otherwise, the tract office shall be removed at the expense of the owner. The tract office shall meet all yard requirements of the district in which it is located.

(Ord. No. 21-5231, § 2, 4-12-2021)