Any lawfully established use of a building or land, at the effective date of this appendix, or of amendments thereto, that does not conform to the use regulations for the district in which it is located shall be deemed to be a legal non-conforming use and may be continued, except as otherwise provided herein.

11.3a Any legal non-conforming building or structure may be continued in use provided there is no physical change other than necessary maintenance and repair, except as otherwise permitted herein.

11.3b Any building for which a permit has been lawfully granted prior to the effective date of this appendix, or of amendments thereto, may be completed in accordance with the approved plans; provided construction is started within six (6) months and diligently prosecuted to completion. Such building shall thereafter be deemed a lawfully established building.

11.3c Any non-conforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or other act of God, may be reconstructed and used as before if it be done within twelve (12) months of such calamity unless damaged more than fifty percent (50%) of its fair market value, as determined by the Board of Appeals, at the time of such damage, in which case, reconstruction shall be in accordance with the provisions of this Appendix except as modified for single unit uses as specified below:

   (1)   Structures for a nonconforming single-unit use may be restored for a single-unit use if destroyed or damaged by fire, explosion, act of God or by public enemy, reconstructed or repaired provided all other requirements of this appendix are met.

   (2)   Nonconforming single-unit dwellings or nonconforming accessory structures to a single-unit use may be restored to the same degree of nonconformity or less if destroyed or damaged by fire, explosion, act of God, or by public enemy, repaired and structurally altered, provided such construction does not increase or extend the degree of nonconformity. Nonconforming structures shall not be reconstructed except in compliance with the provisions of this appendix.

   (3)   A nonconforming single-unit use and a nonconforming single-unit dwelling and accessory structures on a nonconforming lot shall be granted the same rights as above and any other rights as if the lot were conforming.

   (4)   A nonconforming single-unit use and a nonconforming single-unit dwelling and accessory structures shall also be granted the same rights as for other nonconforming uses and structures.

11.3e No non-conforming building or use which has been abandoned for more than one (1) year, or has been or may be changed to a use permitted in the district in which it is located, shall again be devoted to a nonconforming use.

11.3f Any legal, non-conforming use shall be enclosed in all sides by a solid wall or tight board fence not less than eight (8) feet high if said use includes storage, repair or maintenance of vehicles, equipment or materials on the premises and not within the building. Said wall or fence shall be maintained to the satisfaction of the

Building Official. Any use so described that is in existence at the time of this amendment is adopted shall comply with said fencing requirement within one hundred eighty days (180) of the adoption of this amendment.

11.3g A non-conforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use, and only if the required yards for the district in which it is located are maintained for such enlargement, except as provided for under Variances of this Appendix.

11.3h No building partially occupied by a non-conforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such non-conforming use.

11.3i No non-conforming building in any Residential District shall be so altered as to increase the number of dwelling units therein.

11.3j No non-conforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed at the effective date of this appendix, or to displace any conforming use in the same building or the same parcel.

11.6a Accessory structures or buildings shall not be located in any front yard and shall not be closer to the front lot line than any principal structure or building. When erected in a side yard the accessory building shall meet the setback requirements of the principal structure and be located at least six (6) feet from any other building or structure on the same lot measured to the exterior edge of roof lintel. When erected in a rear yard it or they cumulatively shall not occupy more than thirty (30) percent of a required rear yard and/or it or they shall not exceed the total ground floor footage of the primary structure except for above ground swimming pools with a depth of less than 30 inches and shall be a distance at least three (3) feet from all lot lines adjoining lots which are in any "R" district, and at least six (6) feet from alley lines and from any other building or structure on the same lot. Accessory buildings with a flat, shed, or mansard roof shall not exceed fifteen (15) feet in height. Accessory structures with a hip, gable or gambrel roof shall not exceed twenty (20) feet in total height at peak or crown of roof.

11.6b No accessory structure may be constructed prior to construction of the principal building to which it is accessory. Any accessory building may be erected as an integral part of the principal building, or if at least six (6) feet from the principal building, may be connected to the principal building by a breezeway or similar structure, provided all yard and court requirements of this Appendix for the principal building are complied with, unless such accessory building is in a rear yard, in which case the applicable provisions of this subsection shall apply.

11.6c One accessory dwelling unit is allowed per residential zoned lot, but one of the two dwelling units must be occupied by the owner of the lot. An accessory dwelling unit must be located within a detached structure not exceeding four hundred (400) square feet, be located only in the rear yard of the property, and must meet the maximum height, setback, and separation requirements for accessory structures. When permitted, the accessory dwelling unit shall require one off street parking space in addition to the two already required for the principal dwelling.

11.6d The principal dwelling and the accessory dwelling must share a single utility service to the property, but shall have separate utility meters as well as separate cooking and sanitary facilities. When a detached garage is converted into an accessory dwelling unit, the ground floor may be used for the accessory dwelling unit so long as the minimum number of required off-street parking spaces are maintained on-site. One additional parking spot is required for an accessory dwelling unit. Required off-street parking for the principal structure/dwelling must be maintained.

11.8a No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum requirement. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

11.8b The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principal building, and such space shall not be reduced or included as any part of any required open space for another building or structure.

11.9a In all yards - porch awnings and canopies, steps which are necessary for access to a permitted building, or for access to a zoning lot from a street or alley; chimneys projecting not more than eighteen (18) inches into the yard; clothes lines; flag poles; arbors, trellises, closed and open-type fences, and hedges six (6) feet or less in height, provided no such fence, the top rail of which is between two (2) and six (6) feet above the roadway surface or no other ground level sight obstructions, exceptions being trimmed tree trunks and poles, shall be placed or permitted to remain on any corner or reversed corner lot within the triangular area formed by the right-of-way lines and a line connecting them at points twenty-five (25) feet from the intersection of the right-of-way lines, or in the case of a rounded right-of-way corner, from the intersection of the right-of-way lines extended; open fences exceeding six (6) feet in height.

11.9b In front yards - one-story bay windows projecting three (3) feet or less into the yard; and overhanging eaves and gutters projecting three (3) feet or less into the yard.

11.9c In rear yards - open decks not enclosed, attached or detached off-street parking spaces; open off-street parking spaces; accessory sheds, tool rooms, similar buildings or structures for domestic or agricultural storage; balconies; breeze-ways and open porches; one-story windows projecting three (3) feet or less into the yard; and overhanging eaves and gutters projecting three (3) feet or less into the yard.

11.9d In side yards - overhanging eaves and gutters projecting into the yard for a distance not exceeding ten (10) percent of the required yard width but in no case, exceeding eighteen (18) inches.

11.13a Fences and walls located in a yard adjacent to a public street of residential and college and university zoned property shall be no more than four (4) feet in height and the smooth, finished, nonstructural or dressed side of a fence, if any, shall be directed toward the neighboring properties.

11.13b Fences and walls shall not exceed six (6) feet in height, except trimmed tree trunks and poles in any side or rear yard, and the smooth, finished, nonstructural or dressed side of the fence, if any shall be directed toward neighboring properties.

11.13c All fences and walls may be placed up to the property line, except in cases of a corner lot or reversed corner lot, where they shall not be placed within the triangular area formed by the right-of-way lines and a line connecting them at a point twenty (20) feet from the intersection of the right-of-way lines or in the case of a rounded corner from the intersection of the right-of-way lines extended.

11.13d The following non-exhaustive list of materials are prohibited in the construction of a fence or wall:

   (1)   Scrap Metal.

   (2)   Corrugated Metal.

   (3)   Sheet Metal.

   (4)   Electrical or Electrically Charged Material.

   (5)   Barbed and Razor Wire.

   (6)   Pallets.

   (7)   Oriented Strand Board (OSB).

   (8)   Used or Repurposed Materials Including Tires.

11.13e Fences up to ten (10) feet in height shall be permitted in any industrial district.

11.13f All refuse and/or discard areas for all commercial, industrial and multi-unit residential uses shall be screened on a minimum of three (3) sides by a six-foot solid or tight board fence. All refuse and/or discard areas for all commercial and industrial uses which do not conform to all applicable provisions of this section shall be made to conform within three (3) years from the effective date of this Appendix. The appropriate official, or designee, shall make the determination if it is an unreasonable hardship to require existing refuse and/or discard to be screened on a case-by-case basis.

11.13g Snow fencing shall only be used on a temporary basis by public jurisdictions for public safety purposes or as a permitted use for temporary festival/event enclosure purposes.

11.13h Fencing shall not be allowed in floodways.

11.13i Swimming pool fencing requirements are outlined in the City Building Code.

11.13j Barbed wire fences shall be permitted only in Industrial districts and the bottom strand shall be a minimum of eight (8) feet above grade.

11.14a Shall be conducted entirely within a dwelling unit and carried on by the inhabitants thereof and their non-inhabitant employees or customers.

11.14b Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds or vibrations that carry beyond the premises.

11.14c Shall have no more than two hundred (200) square feet of floor area used for the home occupation.

11.14d Shall have no signs present on the property except one sign, not exceeding fifteen (15) square feet.

11.14e Shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that incidental retail sales may be made in connection with other permitted home occupations, for example, a single-chair beauty parlor would be allowed to sell combs, hair spray, and other miscellaneous items to customers. However, a dressmaker would be required to do only custom work for specific clients and would not be allowed to develop stocks of dresses for sale to the general public on-site.

11.14f Shall have no storage or display of goods visible from outside the structure.

11.14g Shall have no highly explosive or combustible material used or stored on the premises unless approved by the fire inspector. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat, or glare noticeable at or beyond the property line.

11.14h Shall have adequate off-street parking spaces available to compensate for additional parking needs generated.

11.14i Deliveries from commercial suppliers may be made more than once a week, and the deliveries shall not be made from semi-tractor trailer trucks.

11.14j Shall include, but are not necessarily limited to, the following:

   (1)   Single-chair beauty parlors and barbershops;

   (2)   Photo developing and printing;

   (3)   Organized classes with up to six (6) students at a time;

   (4)   Television and other electric or electronic repair, excluding major appliances such as refrigerators or storage;

   (5)   Upholstering;

   (6)   Dressmaking and millinery; and

   (7)   Woodworking excluding cabinet making.

11.14k Major home occupations require authorization by the Board of Zoning Appeals in all residential zoning districts.

11.15a Shall be conducted entirely within a dwelling and carried on only by the inhabitants thereof and no other.

11.15b Shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, and the appearance of the structure shall not be altered or the occupation within the residence be conducted in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or other emission of sounds or vibrations that carry beyond the premises.

11.15c Shall have no more than two hundred (200) square feet of floor area used for the home occupation.

11.15d Shall be no advertising, display, or other indications of a home occupation on the premises.

11.15e Shall not be conducted on the premises the business of selling stocks of merchandise, supplies or products, provided that orders previously made by telephone or at a sales party may be filled on the premises. That is, direct sales of products off display shelves, racks or from inventory is not allowed, but a person may pick up an order placed earlier as described above.

11.15f Shall have no storage or display of goods visible from outside the structure.

11.15g Shall have no highly explosive or combustible material used or stored on the premises unless approved by the fire inspector. No activity shall be allowed that would interfere with radio or television reception in the area, nor shall there be any offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line.

11.15h Shall not create greater vehicle or pedestrian traffic than normal for the district in which it is located, including commercial and general delivery services. No more than one home occupation related vehicle is allowed and must be stored on-site. Trailers, flatbed or enclosed, shall not be stored on-site. No vehicle or trailer of any kind related to the home occupation shall be stored in public right-of-way.

11.15i Shall have no use of material or equipment not recognized as being part of the normal practices of owning and maintaining a residence allowed. This shall include but not be limited to boom lifts, scissor lifts, forklifts, single person lifts, telehandlers, bulldozers, wheel tractor-scrapers, skid steer loaders, backhoe loaders, excavators, feller bunchers, harvesters, trenchers, articulated haulers, off-highway trucks, asphalt pavers, cold planers, motor graders, compactors, drum rollers, compact track and multi-terrain loaders, skidders, forwarders, knuckleboom loaders, towable light towers, carry deck cranes, and any other similar equipment.

11.15j Notwithstanding any provision contained herein to the contrary, garage, basement, yard or other similar sales shall not be allowed more than twice a year, and each sale shall not last more than seventy-two (72) consecutive hours, and only goods which have been generated from within the household and not purchased elsewhere for resale. Sales shall be conducted on the owner's property except that multiple family sales are permitted if they are held on the property of one of the participants and any such sale shall be considered to be a sale for all participants.

11.15k Shall have no deliveries from commercial suppliers made more than once a week, and the deliveries shall not be made from semi-tractor trailer trucks.

11.15l Shall include, but are not necessarily limited to, the following:

   (1)   Artists and sculptors;

   (2)   Authors, desktop publishers and composers;

   (3)   Home crafts for sale off-site;

   (4)   Office facility of clergy;

   (5)   Office facility of a salesman, sales representative or manufacturer's representative provided that no transactions are made in person on the premises;

   (6)   Address of convenience used solely for receiving and making telephone calls including computer usage, mail, keeping business records in connection with a profession or occupation;

   (7)   Individual tutoring;

   (8)   Preserving and home cooking for sale off-site;

   (9)   Individual instrument and vocal instruction provided that no instrument may be amplified;

   (10)   Telephone solicitation work;

   (11)   Self-employed contractors including carpenters, painters, electricians, plumbers, landscapers, and other similar tradespeople primarily working alone with only periodic assistance from subcontractors or assistants who do not come to the residence.

   (12)   Any other similar uses deemed to be consistent by the appropriate authority.

11.15m Minor home occupations are allowed in all residential zoning districts and do not require authorization by the Board of Zoning Appeals or a Special Use Permit.

11.16a This section shall apply to all dwellings and rooms within residential and mixed-use properties that may be rented, or leased, for fewer than thirty (30) days and shall not apply to hotels, motels, or similar types of lodging. This section shall also apply to all short-term rentals regardless of whether they utilize a digital platform for booking, promotions, or similar purposes.

   (1)   Short term rentals shall be permitted uses in all residential and business zoning districts. They shall be a special use in all other zoning districts.

   (2)   Short term rentals in residential districts must make available a minimum of one off-street parking spot for use by the occupant of each short-term rental unit at the property.

   (3)   In residential zoning districts, the operator shall reside within the City of Rock Island or within ten (10) miles of its periphery.

   (4)   Short-term rentals shall not have signage exceeding one (1) square foot in area.

   (1)   All short-term rentals require a license. This license shall be issued by the Chief Building Official or their designee following an inspection of the subject property for basic health and safety requirements. These requirements shall be derived from the Property Maintenance Code and developed by the Chief Building Official to protect the health, safety, and welfare of the occupants.

   (2)   There shall be a licensing fee paid by the applicant at the time of their initial inspection. The license shall be renewed annually on March 1 contingent upon an annual reinspection being completed within the preceding thirty (30) days.

   (3)   The license may be revoked at any time if the Chief Building Official or their designee determines that the operator is in violation of the terms of the license.

   (4)   The Chief Building Official shall maintain a record of all licenses granted for short-term rentals. These records shall include contact information for all operators.

   (5)   The annual license fee for operating a short-term rental shall be one-hundred dollars ($100).

   (1)   Procedure - An application for a building permit for a new or enlarged building, structure or use shall include a plot site plan, drawn to scale and fully dimensioned showing any parking or loading facilities to be provided in compliance with the requirements of this appendix.

   (2)   In all districts, in connection with every building or part thereof hereafter erected, having a gross floor area of ten thousand (10,000) square feet or more, which is to be occupied by uses requiring the receipt or distribution by vehicles of materials and merchandise, there shall be provided and maintained on the same premises with such building at least one (1) off-street loading space accessible from any alley, easement of access, or when there is no such alley or easement of access from a street, plus one (1) additional such loading space for each two thousand (2,000) square feet or major fraction thereof of gross floor area so used in excess of twenty thousand (20,000) square feet. such space may occupy all or any part of any required rear yard or upon authorization from the appropriate board of review, any part of any other yard or court space.

   (3)   In all districts, except "B-2" (which has no off-street parking requirements within that zoning district) an off-street parking area in the open or in a garage, shall be provided in connection with the uses set forth herein after and to the extent indicated therewith, in addition to the above required loading and unloading spaces. Such areas in the case of "R" districts and for dwellings in other districts, shall be on the premises intended to be served; and in the case of other districts, and in connection with uses other than property within one hundred feet (100') of any part of said premises and in the same or less restricted district.

   (4)   Off street parking facilities accessory to residential use and developed in any residential district in accordance with the requirements of this section shall be used solely for the parking of passenger vehicles owned and occupied. Parking of large trucks with an allowable gross vehicle weight of ten thousand (10,000) pounds or more on any residentially zoned or used lot is prohibited, except for the purpose of making a delivery, and then only for such length of time as it takes to complete delivery.

   (1)   Floor area as employed in this parking and loading section in the case of office, merchandising or service types of use shall mean the gross floor area of a building or structure used or intended to be used for service to the public as customers, patrons, clients, patients, or tenants, including areas occupied by fixtures and equipment used for display or sale of merchandise. Floor area for the purposes of this section shall not include any area used for storage accessory to the principal use, incidental repairs, processing or packaging of merchandise, show windows, incidental management offices, restrooms, utilities and dressing/fitting rooms.

   (2)   Parking spaces shall not be less than eight and one-half feet (8-1/2') wide and nineteen feet (19') long or not less than one hundred sixty (160) square feet in area exclusive of access drives or aisles.

   (3)   Loading spaces shall not be less than ten feet (10') wide, fifty feet (50') in length and fourteen feet (14') in height, exclusive of access and turning areas.

   (1)   Athletic Field - twenty (20) parking spaces per acre, plus one (1) space for every five (5) seats in bleachers or other types of fixed seating areas.

   (2)   Auditorium/Theater - one (1) parking space for every four (4) seats or one parking space for every one hundred fifty (150) square feet.

   (3)   Auto Repair - three (3) per bay.

   (4)   Auto Gas and Sales - two (2) parking spaces per pump, plus two per service bay.

   (5)   Banks and Business Offices - four (4) parking spaces per one thousand (1,000) square feet, plus drive through requirements if applicable.

   (6)   Barber/Beauty Shop Styling and Tanning Salons - two (2) parking spaces per personal grooming station.

   (7)   Bowling Alleys - six (6) parking spaces per alley plus bar and restaurant requirements, if applicable.

   (8)   Car Wash - six (6) parking spaces per bay.

   (9)   Care Homes - one (1) parking space for every two (2) residents.

   (10)   Religious Institution - one (1) parking space for every four (4) sanctuary main auditorium seats.

   (11)   Community Center - one (1) parking space for every three (3) maximum patrons.

   (12)   Day Care Centers - one (1) for every ten (10) children served plus one (1) per institutional vehicle.

   (13)   Drive Through Facility - six (6) stacking spaces for each drive through station or automatic teller machine, plus appropriate parking for principal use.

   (14)   Dry Cleaning - four (4) for patrons.

   (15)   Durable Goods Sales (appliances, furniture, etc.) - one (1) parking space per five hundred (500) square feet.

   (16)   Elderly Housing and Residential Facility for people with a disability - three (3) parking spaces for every four (4) units.

   (17)   Fraternities, Sororities and Boarding Houses - one (1) parking space per lodging resident.

   (18)   Funeral Home - one (1) parking space per fifty (50) square feet of public access area, plus one (1) per business vehicle.

   (19)   Group Home/Halfway House/Boarding House - one (1) parking space per bedroom.

   (20)   Health Recreation and Physical Training Facility - five (5) parking spaces per one thousand (1,000) square feet, plus additional parking for outdoor accessory use if applicable.

   (21)   Hospital - one (1) parking space per overnight bed plus six (6) per one thousand (1,000) square feet devoted to outpatient service.

   (22)   Laundromats - one (1) parking space for every two (2) washers.

   (23)   Manufacturing Plants and Testing Labs - one (1) per business vehicle plus four (4) per one thousand (1,000) square feet devoted to office space.

   (24)   Medical, Dental or Veterinary Office or Clinic - two (2) parking spaces per treatment room.

   (25)   Motel, Hotel or Apartment Hotel - one (1) parking space per unit, plus banquet, restaurant and/or bar requirements if applicable.

   (26)   Mobile Home Park - one (1) parking space and one (1) for every four (4) units.

   (27)   Nursing Home - one (1) parking space per overnight bed.

   (28)   Park, Neighborhood - five (5) parking spaces per first two (2) acres, plus one (1) for each additional acre.

   (29)   Park, Community - five (5) parking spaces per acre, plus requirements for major facilities as noted elsewhere in this list if applicable.

   (30)   Residences - two (2) parking spaces per unit and for six-plexes or greater; guest parking equal to ten percent (10%) of the total dwelling units.

   (31)   Restaurants, Taverns, or Night Clubs - one (1) parking space for every seventy five (75) square feet of public floor area or for each two (2) persons allowed by fire code, whichever is greater, plus drive through requirements if applicable.

   (32)   Retail, Freestanding and Shopping Centers - two and one-half (2.5) parking spaces per one thousand (1,000) square feet gross floor area.

   (33)   Schools, Elementary and Junior High - one (1) per classroom plus one (1) per institutional vehicle.

   (34)   Schools, High School - one (1) for every four (4) students plus one (1) per institutional vehicle.

   (35)   Sports Stadium, Outdoor - one (1) parking space for every three (3) maximum patrons, plus parking for buses.

   (36)   Swimming Pool - one (1) parking space for every three (3) maximum patrons.

   (37)   Wholesale and Warehouse - two (2) parking spaces per one thousand (1,000) square feet for first ten thousand (10,000) square feet, plus one (1) per two thousand (2,000) square feet for the remaining space with office area parking calculated separately at four (4) per one thousand (1,000) square feet.

   (1)   Off street accessory parking areas shall be of usable shape and shall be improved in accordance with requirements of the City Engineer with asphalt, cement concrete, Portland cement concrete, or alternate materials acceptable to the City Engineer, which may include some pervious materials. All off street parking areas must be graded and drained as to dispose of all surface water accumulation within the area. Any lighting used to illuminate such parking shall be so arranged as to reflect the light away from adjoining premises in any R district and in accordance with illumination standards further described in this appendix.

   (2)   Parking lot layout shall be designed so the maneuvering requirements are accomplished without backing into adjacent public streets. Stack parking shall not be allowed to meet parking requirements for uses other than one and two unit uses.

   (3)   All motor vehicles in residential zoning districts parked in a front or side yard must be parked on an improved surface in accordance with the above written requirements of the City. Motor vehicles parked in a rear yard that is located adjacent to an unimproved gravel public alley in a one- or two-unit residential district may be parked on a gravel surface with a proper base acceptable and approved by the City Engineer. Such a space shall not exceed the minimum number of parking spaces required for the number of dwelling units. Outside storage of inoperable or unlicensed vehicles and vehicle parts is prohibited in residential zoning districts.

   (4)   All off street parking areas must be designed so as to facilitate as much on-site storm water retention and/or detention as possible and meet all the standards of the City's Storm Water Ordinance.

   (1)   Vehicle and equipment parking/storage areas in industrial zoning districts may be improved with a gravel surface with a proper base acceptable and approved by the City Engineer. The Board of Appeals may, on appeal, authorize a modification, reduction or waiver of the foregoing requirements. Such modification, reduction or waiver shall be justified by the particular nature of the use, or other exception, situation or condition.

   (1)   No recreational vehicle, as defined, shall be parked or stored on any lot in a residential district except in a required side or rear yard providing all yard setbacks are met by the recreation vehicle and the vehicle is parked on a pad constructed of asphalt, cement concrete, Portland cement concrete, or alternate equivalent materials acceptable to the City Engineer, which may include some pervious materials acceptable to the City Engineer. However, such equipment may be parked on a temporary basis in a front yard on a pad also constructed of the same identical materials for a period of time not to exceed 24 hours during loading and unloading no more than twice in any consecutive period of seven (7) days. At least thirty (30) hours must separate each occurrence. No such recreational vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any location not approved for such use.

   (2)   No recreational vehicle intended for portable temporary housing shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot, or in any other location not approved for such use, provided however, that such equipment may be used for the housing of guests of occupants of the principal resident if (a) occupancy shall not exceed fourteen (14) consecutive days; and (b) no charge is made for such occupancy.

   (3)   No recreational vehicle shall be stored out of doors on residential premises unless it is in condition for safe and effective performance of the function for which it is intended. In no case shall any such recreational vehicle be so stored for a period of more than six (6) months if not in condition for safe and efficient performance of the function for which it is intended.

11.17h Intermodal Containers: An industrial, standardized reusable vessel that is specifically designed for the packing, shipping, movement, or transportation of freight, articles, goods, or commodities and that is designed for mounting on or movement by a rail car or truck trailer. It is usually constructed of steel featuring double doors at one end. Generally, they have corner castings used for hoisting, stacking, and securing while in transit. Sizes vary, but the most common dimensions are eight feet wide, twenty or forty feet long, and eight and a half feet tall. These are also known as cargo or freight containers, high-cubes, and Conex boxes.

   Regulations for Intermodal Containers:

   (1)   Intermodal Containers shall not be permitted in any residential and conservation districts.

   (2)   In office and business districts intermodal containers shall be permitted in rear yards provided that they are placed upon a concrete surface and meet the setback and separation requirements for accessory buildings.

   (3)   In industrial districts, intermodal containers shall be permitted provided that they are placed upon a concrete surface and meet the setback and separation requirements for principal buildings.

   (4)   Intermodal containers shall not be stacked one atop another in any zoning district.

   (5)   Intermodal containers may be kept temporarily at construction sites in any zoning district where an active set of permits have been issued. Temporarily shall mean for the length of time the permits are active.

   (6)   Intermodal containers may be adapted or converted into permanent structures, but must be adapted to meet all building and fire code regulations including a permanent foundation. Once converted, they shall no longer be considered intermodal containers for the purposes of the zoning code.

11.17i Portable Storage and Moving Containers: A non-industrial reusable vessel that is specifically designed to serve as temporary storage or containment for personal possessions. It is distinct from an intermodal container in that it is usually smaller in size, not intended for the transportation of commercial goods, and not generally intended for mounting on or movement by a rail car or truck trailer. A typical instance where these are used is when a moving company rents one to a household moving from one residence to another.

   Regulations for Portable Storage and Moving Container:

   (1)   There shall be no more than one portable storage and moving container on any residentially zoned property in a single year. Non-residentially zoned properties may have up to three containers at any one time on them in a single year.

   (2)   Moving containers shall not remain on a property for more than thirty days total in a year.

   (3)   Moving containers shall be placed on a concrete or asphalt surface.

   (4)   Moving containers shall maintain a six-foot separation distance from all buildings and property lines.

   (5)   Moving containers shall not exceed sixteen feet in length, eight feet in width, and eight feet in height.

   (6)   Moving containers shall not be stacked one atop another in any zoning district

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before the enactment of this Appendix as amended, the construction of which, conforming with such plans shall have been started prior to the effective date of this Appendix, as amended, and completion thereof carried on in a normal manner within the subsequent six (6) month period, and not discontinued until completion, except for reasons beyond the builder's control.

11.21a The Supreme Court of the State of Illinois has judicially confirmed that the purpose of these amendments as hereinafter stated serves a valid government interest. In the development and execution of this Appendix, it is recognized that there are some uses which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas, particularly adjacent and nearby residential and commercial areas where nurseries, schools, nursing homes, churches and similar uses are located. Proper and realistic zoning and special regulations of these uses are necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or discouraging normal development of undeveloped areas. These special regulations are itemized in this section. A primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. To prevent concentration of such uses from having an adverse effect upon the adjacent and nearby residential and commercial areas above referred to, such uses are hereby established as permitted uses in all industrially zoned areas of I-1 and I-2. To prevent such uses from having an adverse effect upon nearby or residential and commercial areas, they are prohibited within one thousand (1,000) feet of the following specified uses or zones:

   (1)   Residential, commercial and or conservation zone.

   (2)   Public or private school or licensed day care center.

   (3)   Church or religious center.

   (4)   Public park or a City designated pedestrian/bike path.

11.21b To prevent such uses from having an adverse effect upon the adjacent areas in an I-1 and/or I-2 district, not more than two (2) such uses shall be established within one thousand (1000) feet of each other, within said I-1 and/or I-2 district. Uses subject to these controls hereafter referred to as "Adult Regulated Uses" are as follows: Adult Bookstore, Adult Motion Picture Theater, Adult Mini-Motion Picture Theater; Adult Modeling and Entertainment Facility.

11.22a Solar Energy Systems, as defined by this appendix, are permitted in all zoning districts.

11.22b This appendix applies to Solar Energy Systems to be installed and constructed after the effective date of the appendix, and all applications for Solar Energy Systems on existing structures and property. Solar Energy Systems constructed prior to the effective date of this appendix shall not be required to meet this appendix. Any upgrades, modifications, or changes that materially alter the size or placement of an existing Solar Energy System shall comply with the provisions of this appendix.

11.22c Installation of solar energy systems on locally designated landmarks or within locally designated historic districts, as established by the Rock Island Preservation Ordinance, shall require the approval of the Historic Preservation Commission and the issuance of a Certificate of Appropriateness.

11.22d Solar Energy Systems shall comply with the International Fire Code and National Electric Code as adopted by the City.

11.22e Ground Mounted Systems shall not be permitted in a front yard in residential zoning districts unless the subject property is one (1) acre in size or larger.

11.22f Ground Mounted or Freestanding Solar Energy Systems shall not exceed six feet (6') at the highest point of the System in residential zoning districts unless the subject property is one (1) acre in size or larger.

11.22g For purposes of determining compliance with building coverage standards of the applicable zoning district, the total horizontal projection area of all ground-mounted and freestanding solar collectors including solar photovoltaic cells, panels, arrays and inverters shall be considered pervious coverage so long as pervious conditions are maintained underneath the solar photovoltaic cells, panels and arrays.

11.22h Whenever possible, Ground-mounted Systems shall have ground cover beneath them that consists of native plants which help to facilitate absorption of rain water into the soil. Impermeable surfaces, gravel, turf grass, and similar coverings are discouraged. Regardless of ground cover, access to the System for inspection and maintenance shall be maintained.

11.23a Building Orientation: Building frontages shall face the primary street with at least one principal entrance facing the primary street.

11.23f Window Area: At least forty percent (40%) of the first-floor façade facing a public street or public sidewalk shall have windows and doors of clear or lightly tinted glass (not mirror, reflective, or dark tinted glass) that allow views into and out of the building at eye level.

      a.   In any case were a permitted unrelated group use has not been established within six (6) months after the granting thereof, then without further action by the City, the use approval shall be null and void;

      b.   If an unrelated group use, including an existing use, has been discontinued for a period of one year or more, it shall not be re-established without obtaining new approval from the City.

   (1)   The owner or interested persons applying for the use has knowingly furnished false or misleading information or withheld relevant information on any application for any use knowingly suffered or caused another to furnish or withhold such information on their behalf.

   (2)   The owner, their agent, employee, officer, tenant, licensee or occupant has violated any of the provisions of this Article of the standards required to obtain the use with administrative approval, or that the property no longer complies with the standards necessary to obtain a use with administrative approval; provided however, that the Planning and Redevelopment Administrator shall give at least ten (10) days prior written notice to the owner of the alleged violation or manner in which the property no longer complies with the standards, with the opportunity to correct the problem during said time provided further, however, that violations of this appendix shall not be cause for revocation.

   (3)   The property has become a nuisance as that term is defined in this appendix. The property owner shall be responsible for the acts of their agents, employees, officers, tenants, licensees, and occupants.

   (1)   The owner, their agents, employees, officers, tenants, licensees or occupants have been convicted of three (3) or more violations of this appendix for occurrences in any twelve-month period or occurring on said property.

   (2)   The owner has received three (3) or more notices for the property from the Planning and Redevelopment Administrator during any twelve-month period which have not resulted in the revocation of the use granted with administrative approval due to the fact that the owner has corrected the alleged violation.

   (1)   No unrelated group use shall be approved by the Planning and Redevelopment Administrator unless they find all of the following standards are met:

      a.   The number of residents complies with requirements of this appendix.

      b.   The parking requirements of two off-street parking spaces per dwelling unit have been met.

   (2)   The proposed unrelated group use is not within three hundred (300) feet of another existing unrelated group use. Measurements shall be made in a straight line, without regard to intervening structures or objects, from the property line of the proposed use to the property line of the existing use.

   (3)   In order to ensure that the structure and rooms therein are used as originally designed and intended, the proposed use will not require or include structural alterations as that term is defined in the Uniform Housing Code or other building code adopted by the City.

   (4)   The structure meets the requirements of the City's housing, building, and fire codes as set forth in the Code of the City of Rock Island or the codes adopted by reference therein.

 

11.26a: This section shall apply to all major and minor automobile repair businesses as defined herein.

   (1)   Any repair or service operations shall be performed within a fully enclosed building. Bay doors are permitted to be open during hours of operation.

   (2)   No partially dismantled, inoperable, or unregistered vehicle shall be stored on-site. This standard does not apply to inoperable vehicles awaiting major repair work at a properly zoned establishment so long as said vehicles are not stored outdoors for more than thirty (30) days.

   (3)   Outside storage besides vehicles including but not limited to vehicle parts, tires, or similar materials is prohibited.

   (4)   No vehicles may be stored and no repair work may be conducted in the public right-of-way. (Ord. 070-2020, 12-21-2020; Ord. 055-2021, 9-13-2021; Ord. 12-2022, 3-28-2022; Ord. 38-2024, 6-10-2024)