(a)

In order to implement the regulatory scheme of this chapter so as to achieve the objectives enumerated at section 23-1, this entire municipality is hereby divided into the following zoning districts:

(b)

The minimum area requirement, which is intended to prevent spot zoning, refers to the smallest total area of contiguous parcels that can properly be given the particular district classification. The minimum area requirement is not satisfied merely because the areas of numerous noncontiguous parcels, when aggregated, happen to equal or exceed the minimum area indicated above.

(Ord. No. 82-14, § 3-1, 7-19-82; Ord. No. 84-27, 12-17-84; Ord. No. 87-10, §§ I, II, 7-6-87)

(a)

Generally. The boundaries of the listed zoning districts are hereby established as shown on the official zoning map of this municipality. This official map, including all notations and other information thereon, is hereby made a part of this chapter by reference. The official zoning map shall be kept on file in the administrator's office.

(b)

Annual publication. In accordance with Illinois Revised Statutes, chapter 24, paragraph 11-13-19, the administrator shall publish the zoning map of this municipality not later than March thirty-first of each year. However, no map shall be published for any calendar year during which there have been no changes in zoning districts or regulations.

(c)

Determining territory of districts with precision. In determining with precision what territory is actually included within any zoning district, the zoning administrator shall apply the following rules:

(1)

Where a district boundary as indicated on the zoning map approximately follows any of the features listed on the left, the corresponding feature on the right shall be deemed the district boundary:

a.

Centerline of any street, alley, or highway, such centerline.

b.

Lot line, such lot line.

c.

Railroad tracks, right-of-way line of such tracks.

d.

Stream, center of such stream.

e.

Section lines, quarter section lines, quarter-quarter section lines, survey lines, such lines.

(2)

Whenever any street, alley, or other public way is legally vacated, the zoning districts adjoining each side of such vacated public way shall automatically extend to the center of such way, and all territory included in the vacated way shall thereafter be subject to all regulations of the extended districts.

(3)

The regulatory flood elevation at any point in question shall determine where the floodplain overlay district boundary is located on the land.

(d)

Annexed territory. Upon the effective date of Ordinance No. 82-14, whenever any territory is annexed to this municipality, the council shall determine its district classification at the time of annexation.

(Ord. No. 82-14, § 3-2, 7-19-82)

No structure or part thereof shall be erected, used, occupied, enlarged, altered, relocated, or reconstructed except in conformity with the provisions of this chapter. Similarly, no lot or part thereof shall be used, occupied, or developed except in conformity with the provisions of this chapter.

(Ord. No. 82-14, § 3-3, 7-19-82)

Whenever any use is not specifically listed as permitted or special within a particular zoning district, such use shall be deemed prohibited in that district. However, if the council, following consultation with the zoning administrator and the municipal planning commission, finds that the unlisted use is similar to and compatible with the listed uses, they may allow such use by amending this chapter in accordance with section 23-7. The council's decision shall become a permanent public record, and any unlisted use that they approve shall thereafter have the same status as listed uses.

(Ord. No. 82-14, § 3-4, 7-19-82)

Except as specifically provided otherwise in this chapter, no temporary structure shall be used or occupied for any purpose, and no land shall be used for any temporary enterprise, whether for profit or not-for-profit, unless a temporary use permit has been obtained. No temporary use permit shall be valid for more than one (1) year unless it is properly renewed. (See section 23-65.)

(Ord. No. 82-14, § 3-5, 7-19-82)

Except as specifically provided otherwise elsewhere in this chapter, every lot must meet the minimum area, minimum dimensions, and minimum setbacks requirements of the district in which it is located independently; that is, without counting any portion of an abutting lot.

(Ord. No. 82-14, § 3-6, 7-19-82)

No building shall be erected on any lot unless such lot abuts, or has permanent easement of access to, a public street or a private street that conforms to the standards set forth in the land subdivision control ordinance of this municipality.

(Ord. No. 82-14, § 3-7, 7-19-82)

Every lot with multiple frontages (such as corner or through lots) shall meet the front setback requirements of the district in which it is located on every side having frontage (applies only to subdivisions after July 19, 1982).

(Ord. No. 82-14, § 3-8, 7-19-82)

Except as specifically provided otherwise, in all residential zoning districts and in the B-1 Neighborhood Business and B-2 Central Business Districts, where lots having fifty (50) percent or more of the frontage on one (1) side of a street between intersections (that is, in one (1) block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the minimum required front setbacks on that block shall be the average of the existing front setbacks; provided however, that, in any built-up area, no front setback less than fifteen (15) feet shall be permitted, nor shall any front setback greater than fifty (50) feet be required.

(Ord. No. 82-14, § 3-9, 7-19-82)

To the extent indicated below, the following feature of principal buildings may intrude into required yards without thereby violating the minimum setback requirement:

(Ord. No. 82-14, § 3-10, 7-19-82)

(a)

Necessary appurtenances. Chimneys, church spires, parapet walls, cooling towers, elevator bulkheads, fire towers, antennas, or other necessary appurtenances commonly constructed above the roof line shall be permitted to exceed the maximum height limitations of the district in which they are located if they comply with all other pertinent ordinances of this municipality.

(b)

Intersections. On corner lots, in the triangular portion of land bounded by the street lines of such corner lots and a line joining the two (2) points each of which is on one (1) street line and thirty (30) feet from the point of intersection, no obstruction, whether natural or manmade, shall intrude into the air space that is between two (2) and ten (10) feet above the level of the adjacent street.

(c)

Airport hazard areas. Notwithstanding any other provision of this ordinance, all structures erected within any airport hazard area, as defined by state law, shall conform to the location, height, and identification requirements imposed by the Illinois Department of Aeronautics pursuant to "An Act relating to Airport Zoning" (Illinois Revenue Statutes, chapter 15½, paragraphs 48.1—48.37) and "An Act in relation to Zoning to Eliminate Airport Hazards" (Illinois Revenue Statutes, chapter 15½, paragraphs 48.101—48.112).

(Ord. No. 82-14, § 3-11, 7-19-82)

(a)

In all districts, property owners of all buildings and places where people live, work, or assemble shall provide for the sanitary disposal of all sewage in accordance with the following requirements:

(1)

Whenever the municipal or public sanitary sewerage system is reasonably accessible and within two hundred fifty (250) feet, all sewage shall be discharged into such system, whether or not a private sewerage system already exists or is more convenient.

(2)

Whenever the municipal or public sewerage system is not reasonably available, a private sewerage system shall be installed and used. All private sewerage systems shall be designed, constructed, operated, and maintained in conformity with the following requirements:

a.

Illinois Private Sewage Disposal Licensing Act, Illinois Revised Statutes, chapter 111½, paragraphs 116.301 through 116.323, as now or hereafter amended; and

b.

Illinois Private Sewage Disposal Code No. 4.002, promulgated by the director of the state department of public health, as now or hereafter amended; and

c.

Pertinent, current regulations issued by the state environmental protection agency; and

d.

Applicable codes and ordinances of this municipality, particularly the land subdivision control ordinance.

(b)

The administrator shall not issue any initial certificate of zoning compliance unless, following consultation with the municipal engineer, he is satisfied that these requirements will be met.

(Ord. No. 82-14, § 3-12, 7-19-82)

(a)

Definition. "Accessory use" means any structure or use which is:

(1)

Subordinate in size or purpose to the principal structure or use which it serves;

(2)

Necessary or contributing to the comfort and convenience of the occupants (whether individuals or a commercial enterprise) of the principal structure or use served; and

(3)

Located on the same lot as the principal structure or use served.

If an accessory use is attached to the principal structure, it shall be considered part of such principal structure.

(b)

Permitted accessory uses. Any accessory use shall be deemed permitted in a particular zoning district if such accessory use is:

(1)

Accessory to a principal structure or use that is allowed in that zoning district as of right (permitted uses) or by virtue of the fact that a special use permit has been granted, and

(2)

In compliance with the restrictions set forth in subsection (c) of this section.

(c)

Accessory use regulations. Accessory use restrictions are as follows:

(1)

Height. No accessory use shall be higher than:

a.

Fifteen (15) feet in any residential district, or

b.

Twenty-five (25) feet in any other zoning district except the nonurban district where, due to the special needs of farmers, there shall be no height limit on accessory structures.

(2)

Setbacks. No accessory use in any zoning district shall be located in any part of any yard (front, side, or rear) that is required because of the setback regulations of such district; provided that, in the nonurban district or in any residential district, an accessory use may be located as close as five (5) feet to the side lot line and/or as close as eight (8) feet to the rear lot line.

(3)

Yard coverage. In any residential district, accessory uses shall not cover more than thirty (30) percent of a required rear yard.

(4)

Use as dwelling. Use of any accessory structure as a dwelling is strictly prohibited throughout the zoning jurisdiction of this municipality.

(5)

Shipping containers. Shipping containers, not to exceed eight feet by forty feet (8'x40') in size, may be used for storage of goods as permitted uses in the B-3 Highway Business, B-4 Interchange Business, B-6 General Commercial and I Industrial zoning districts. Shipping containers may be allowed with a special use permit in the B-2 Central Business and B-5 Central/Intermediate Business Districts. Shipping containers may not be used in the B-1 Neighborhood Business District, any residential district or as an accessory use to any residential use, regardless of the zoning designation.

(Ord. No. 82-14, § 3-13.2, 7-19-82; Ord. No. 2022-01 , § I, 1-3-2022)

The NU Nonurban District encompasses areas that are presently undeveloped or sparsely developed and that, for various reasons, should remain so for the foreseeable future. Some tracts of land in this district are fertile and relatively level, and best suited for agricultural pursuits. Other tracts in this district have such poor soils, steep slopes, inadequate natural drainage, and/or other problems—or are simply so distant from existing developed areas—that the provision of roads, utilities, and stormwater drainage systems would be impractical or burdensomely expensive to the tax-paying public.

(Ord. No. 82-14, § 4-1, 7-19-82)

Every principal building erected in the NU district shall conform to the following requirements:

(1)

Minimum lot area: One (1) acre.

(2)

Minimum lot width: One hundred fifty (150) feet at the established building line.

(3)

Minimum lot depth: Two hundred (200) feet.

(4)

Minimum setbacks:

a.

From front lot line: Fifty (50) feet.

b.

Side yards.

Minimum total setback from both side lot lines: Twenty-five (25) feet.

Minimum setback from either side lot line: Ten (10) feet.

c.

From rear lot line: Fifty (50) feet.

(Ord. No. 82-14, § 4-1.1, 7-19-82)

In the NU district, only one (1) dwelling shall be erected on any lot.

(Ord. No. 82-14, § 4-1.2, 7-19-82)

Permitted uses in the NU district are:

Agriculture, including all uses commonly classified as such.

Cemeteries.

Commercial/large scale solar.

Detached single-family dwellings.

Government uses of this municipality.

Nurseries, greenhouses, temporary product stands. (See section 23-369.)

Parks, playgrounds.

Personal wireless service facility (as defined in the Telecommunications Act of 1996).

Radio or television transmission towers.

Accessory uses in accordance with section 23-118.

(Ord. No. 82-14, § 4-1.3, 7-19-82; Ord. No. 2000-24, § I, 9-5-00; Ord. No. 2019-14 , § I, 8-19-2019)

Special uses in the NU district are:

Agricultural implement sales.

Amusement facilities such as go-cart tracks, miniature golf courses, etc.

Animal hospitals.

Blacksmith and welding shops.

Churches and other places of formal worship.

Clubs or lodges, private; but not those which have as their chief activity a service customarily carried on as a business.

Commercial storage facilities.

Construction sales and service.

Golf courses, regulation size.

Government uses other than those of this municipality.

Home occupations. (See section 23-370.)

Hospitals, nursing homes, sanitariums. (See section 23-371.)

Institutions such as convents, retreat houses, seminaries, etc.

Kennels, commercial. (See section 23-373.)

Retail sales.

Stables, commercial.

Travel trailer parks (but not mobile home parks) in conformity with the requirements of this municipality's mobile home park ordinance.

Utility substations.

(Ord. No. 82-14, § 4-1.4, 7-19-82; Ord. No. 2007-29, § I, 10-1-07; Ord. No. 2018-02, § I, 1-15-2018; Ord. No. 2019-02, § I, 1-21-2019)

(a)

Repairs indoors. All repair and maintenance services for businesses located in the NU district shall be conducted within completely enclosed structures. Storage areas may be open to the sky, but shall be enclosed by walls or solid fences at least eight (8) feet high.

(b)

Refuse containers. All refuse generated by business facilities located in the NU district shall be stored in tightly covered containers placed in visually screened areas.

(c)

Screening. Along the side and rear lot lines of any lot abutting any residential district or use screening (a wall, solid fence or closely planted shrubbery) at least six (6) feet high and of sufficient density to completely block the view from the adjacent residential property shall be installed.

(d)

Parking. See article V of this chapter.

(e)

Signs. See the sign regulations, article V of chapter 6.

(Ord. No. 2018-02, § II, 1-15-2018)

In the RS-1, RS-2, and RS-3 Single-Family Residence Districts, land is principally used for, or is best suited for, detached single-family dwellings and related educational, religious, and recreational facilities. The regulations applicable to each single-family residence district are intended to stabilize and preserve sound existing neighborhoods developed at varying densities. The differing regulations are also intended to promote the development of a range of new single-family housing that is appropriate for persons having different social needs and income levels.

(Ord. No. 82-14, § 4-2, 7-19-1982)

In the RS-1, RS-2, and RS-3 districts, only one (1) principal building (which includes a mobile home) shall be erected on any lot; provided that, this regulation is not applicable to mobile home parks allowed in the RS-3 district by special use permit.

(Ord. No. 82-14, § 4-2.1, 7-19-1982)

Every principal building erected in any RS-1, RS-2, or RS-3 district shall conform to the applicable requirements indicated in tabular form below:

(Ord. No. 82-14, § 4-2.2, 7-19-1982)

Permitted uses in the RS-1, RS-2 and RS-3 districts are:

Churches and other places of formal worship.

Community-integrated living arrangements (CILA), in the RS-2 and RS-3 districts only.

Detached single-family dwellings.

Government uses of this municipality.

Libraries.

Manufactured homes on private lots provided all the regulations of section 23-374 are met; but only in the RS-3 district.

Parks, playgrounds.

School, public or private elementary or secondary. (See section 23-377)

Accessory uses in accordance with section 23-118.

(Ord. No. 82-14, § 4-2.3, 7-19-1982; Ord. No. 87-18, § II, 11-2-1987; Ord. No. 2013-04, § II, 3-18-2013)

Special uses in the RS-1, RS-2 and RS-3 districts are:

Cemeteries.

Class B manufactured homes in RS-1 and RS-2 districts.

Clubs or lodges, private; but not those which have as their chief activity a service customarily carried on as a business.

Day care homes. (See section 23-4.)

Day care centers. (See section 23-4.)

Day care group home. (See section 23-4.)

Nursery schools. (See section 23-377.)

Golf courses, regulation size.

Government uses other than those of this municipality.

Home occupations. (See section 23-370.)

Hospitals, nursing homes, sanitariums. (See section 23-371.)

Medical and dental offices and clinics.

Mobile home parks (but not travel trailer parks) in conformity with the requirements of the mobile home park ordinance, but only in the RS-3 district.

Multi-use facility, provided that it is located on land comprised of at least two (2) parcels covering a least two and one-quarter (2.25) acres and which was previously used by the State of Illinois for military purposes. Such a multi-use facility shall allow for the following uses:

(a)

A communication utility which provides internet, telephone, and/or television services;

(b)

A business offering entertainment and amusement to the general public, all of which must be contained inside structures;

(c)

Uses of local government, including emergency management;

(d)

Uses of local organizations for offices, meetings, and events, including patriotic, veterans' organizations chartered and incorporated by the U.S. Congress and/or organizations that promote community enhancement.

Planned unit developments in conformity with the requirements of the planned unit development ordinance.

Property management office. Property management company must be licensed through the state and utilize a site that has been used exclusively for commercial uses during the past twenty (20) years. Such use shall be required to meet the same sign regulations as a home occupation.

Two-family dwellings; but only in the RS-2 and RS-3 districts.

Utility substations.

(Ord. No. 82-14, § 4-2.4, 7-19-1982; Ord. No. 87-18, § III, 11-2-1987; Ord. No. 95-16, § II, 10-16-1995; Ord. No. 2013-02, § III, 1-21-2013; Ord. No. 2013-09, § I, 5-20-2013; Ord. No. 2023-05 , § 1, 2-6-2023)

The RS-4 Single-Family Residence District is intended to stabilize and conserve existing residential neighborhoods along heavy traffic routes, while providing for the establishment and operation of compatible business and professional offices. This district will also serve as a transitional district from highway business to the downtown business areas.

(Ord. No. 82-14, § 4-8, 7-19-1982; Ord. No. 84-27, 12-17-1984)

Every principal building erected in the RS-4 district shall conform to the following requirements:

(1)

Minimum lot area: Eight thousand two hundred fifty (8,250) square feet.

(2)

Minimum lot width: Seventy-five (75) feet.

(3)

Minimum lot depth: One hundred ten (110) feet.

(4)

Minimum setbacks:

a.

From front lot line: Thirty (30) feet.

b.

Side yards, minimum setback: Eight (8) feet.

Minimum total setback from both side lot lines: Twenty (20) feet.

c.

From rear lot line: Twenty-five (25) feet.

(5)

Maximum building height: Thirty-five (35) feet.

(Ord. No. 82-14, § 4-8.1, 7-19-82; Ord. No. 84-27, 12-17-84)

Permitted used in the RS-4 district are:

Business and professional offices.

Churches and other places of formal worship.

Detached single-family dwellings.

Government uses of this municipality.

Government uses, home occupations (nonretail).

Libraries.

Medical clinics.

(Ord. No. 82-14, § 4-8.2, 7-19-82; Ord. No. 84-27, 12-17-84)

Special uses in the RS-4 district are:

Day care centers. (See section 23-4.)

Day care group home. (See section 23-4.)

Day care homes. (See section 23-4.)

Home occupations (retail).

Nursery schools. (See section 23-377.)

Private clubs or lodges.

Retail sales (merchandise and transactions to be solely contained within structures that are deemed compatible with intent of the RS-4 single-family residential district).

(Ord. No. 82-14, § 4-8.3, 7-19-82; Ord. No. 84-27, 12-17-84; Ord. No. 95-16, § III, 10-16-95; Ord. No. 2004-03, § I, 2-17-04; Ord. No. 2013-02, § III, 1-21-2013)

(a)

Limited size. The gross floor area of all nonresidential uses in the RS-4 district shall not exceed three thousand (3,000) square feet.

(b)

Retail establishments restricted. No retail business establishment shall be located in the RS-4 district except for home occupations (retail) which may be permitted through a special use permit.

(c)

Architectural appropriateness. The planning commission may determine architectural appropriateness of all new structures in the district.

(d)

Signs. Freestanding signs not exceeding thirty (30) square feet in area or ten (10) feet in height may be erected. Illuminated signs are permitted. Except for area and height requirements, all other provisions of the sign control ordinance will be applicable to the RS-4 district.

(e)

Off-street parking. See article V of this chapter.

(Ord. No. 84-27, 12-17-84)

In the RS-5 Single-Family Residential District, land is principally used for, or is best suited for, detached single-family dwellings and related educational, religious, and recreational facilities. The regulations applicable to this district are intended to stabilize and preserve sound existing neighborhoods developed at varying densities; while providing for a structured integration of certain types of manufactured housing meeting specific criteria intended to secure compatibility in appearance and quality with surrounding site-built housing. This will assure that the character and property values of existing residential neighborhoods are maintained while providing alternative housing choices to a larger segment of the community's population.

(Ord. No. 82-14, § 4-11, 7-19-82; Ord. No. 88-2, § I, 3-7-88)

(a)

Manufactured housing permitted. Only class A and class B manufactured housing, as defined by section 23-4 of this Code, will be permitted as a use by right in the RS-5 district. All other classes of manufactured housing are strictly prohibited.

(b)

Upgrading. Any manufactured housing unit existing in the RS-5 district at the time Ordinance No. 88-2 becomes effective may be replaced by upgrading to another manufactured housing unit provided it meets at a minimum the Class C manufactured housing standards.

(Ord. No. 82-14, § 4-11.1, 7-19-82; Ord. No. 88-2, § I, 3-7-88)

Every principal building erected in the RS-5 Single-Family Residential District shall conform to the requirements indicated below:

(1)

Minimum lot area: Seven thousand five hundred (7,500) square feet.

(2)

Minimum lot width: Seventy-five (75) feet at the established building line.

(3)

Minimum lot depth: One hundred (100) feet.

(4)

Minimum setbacks:

a.

From front lot line: Thirty (30) feet.

b.

Side yards.

Minimum total setback from both side lot lines: Twenty (20) feet.

Minimum setback from either side of lot line: Eight (8) feet.

c.

From rear lot line: Twenty-five (25) feet.

(5)

Maximum structure height: Thirty-five (35) feet.

(Ord. No. 82-14, § 4-11.2, 7-19-82; Ord. No. 88-2, § I, 3-7-88)

Provided all the use restrictions of this district (see section 23-197) are observed, the following uses are permitted [in the RS-5 district]:

Churches and other places of formal worship.

Class A manufactured housing.

Class B manufactured housing.

Community-integrated living arrangements (CILA).

Detached single-family dwellings.

Government uses of this municipality.

Libraries.

Parks and playgrounds.

Schools, public or private, elementary or secondary. (See section 23-377.)

Accessory uses in accordance with section 23-118.

(Ord. No. 82-14, § 4-11.3, 7-19-82; Ord. No. 88-2, § I, 3-7-88; Ord. No. 2013-04, § III, 3-18-2013)

Special uses in the RS-5 district are:

Cemeteries.

Day care centers. (See section 23-4.)

Day care group home. (See section 23-4.)

Day care homes. (See section 23-4.)

Golf courses, regulation size. Government uses other than this municipality.

Home occupations.

Hospitals, nursing homes, sanitariums. (See section 23-371.)

Nursery schools. (See section 23-377.)

Two-family dwellings.

(Ord. No. 82-14, § 4-11.4, 7-19-82; Ord. No. 88-2, § I, 3-7-88; Ord. No. 95-16, § IV, 10-16-95; Ord. No. 2013-02, § III, 1-21-2013)

The RM-1 and RM-2 Multiple-Family Residence Districts are established to stabilize and conserve existing neighborhoods that predominantly consist of multiple-family dwellings built either at low/medium or at relatively high density. These districts are also intended to promote the development of comparable new areas in order to accommodate all persons desiring this type of residential environment.

(Ord. No. 82-14, § 4-3, 7-19-82)

Detached single-family and two-family dwellings erected in either the RM-1 or RM-2 districts shall comply with the "one (1) principal building on one (1) lot" regulation (See subsection 23-157) and with the lot and building requirements of the RS-3 district. (See subsection 23-158.) All other principal buildings shall conform to the requirements indicated in tabular form below:

(Ord. No. 82-14, § 4-3.1, 7-19-82)

Permitted uses in the RM-1 and RM-2 districts are:

Churches and other places of formal worship.

Day care centers, nursery schools. (See section 23-377.)

Government uses of this municipality.

Libraries.

Multiple-family dwellings.

Parks, playgrounds.

Single-family dwellings, detached or attached.

Schools, public or private, elementary or secondary. (See section 23-377.)

Two-family dwellings.

Accessory uses in accordance with section 23-118.

(Ord. No. 82-14, § 4-3.2, 7-19-82)

Special uses in the RM-1 and RM-2 districts are:

Boardinghouses, roominghouses.

Class B manufactured homes in the RM-1 and RM-2 districts.

Clubs or lodges, private; but not those which have as their chief activity a service customarily carried on as a business.

Convenience shops (e.g., small drugstore, food store, Laundromat); but only if located on the ground floor of a multiple-family dwelling, or in a PUD.

Government uses other than those of this municipality.

Home occupations. (See section 23-370.)

Hospitals, nursing homes, sanitariums. (See section 23-371.)

Medical and dental offices and clinics.

Planned unit developments in conformity with the requirements of the planned unit development ordinance.

Utility substations.

(Ord. No. 82-14, § 4-3.3, 7-19-82; Ord. No. 89-17, § 1, 8-7-89)

The B-1 Neighborhood Business District, as delineated on the zoning map, encompasses small commercial enclaves located within predominantly residential areas. Only selected small-scale sales and service facilities that constitute a convenience to residents of the immediate neighborhood may locate in this district. These commercial establishments must be compatible in design and operation with an essentially residential environment.

(Ord. No. 82-14, § 4-4, 7-19-82)

(a)

Retail only. Every commercial or service establishment located in the B-1 district shall deal directly with consumers.

(b)

Enclosed buildings. All commercial, service and storage activities in the B-1 district shall be conducted within completely enclosed structures.

(c)

Limited size. The gross floor area of any commercial or service establishment located in the B-1 district shall not exceed three thousand (3,000) square feet.

(d)

No drive-ins. No commercial or service establishment in the B-1 district shall offer goods or services directly to customers waiting in parked motor vehicles, or sell food or beverages for consumption on the premises in parked motor vehicles. Thus, service stations, drive-in restaurants, etc., are excluded from this district.

(e)

Accessways. Any accessway (driveway) to any off-street parking lot or loading berth in the B-1 district shall be located at least ten (10) feet from any lot line.

(f)

Refuse containers. All refuse generated by any establishment located within this district shall be stored in tightly covered containers placed in a visually screened area.

(g)

Screening. Along the side and rear lot lines of any lot abutting any residential district, screening (a wall, solid fence, or closely planted shrubbery) at least six (6) feet high and of sufficient density to completely block the view from the adjacent residential property shall be provided.

(h)

Parking. See article V of this chapter.

(i)

Signs. See the sign control ordinance.

(Ord. No. 82-14, § 4-4.1, 7-19-82)

Every principal building erected in the B-1 district shall conform to the requirements indicated below:

(1)

Minimum lot area: Ten thousand (10,000) square feet.

(2)

Minimum lot width: Seventy-five (75) feet at the established building line.

(3)

Minimum lot depth: One hundred (100) feet.

(4)

Minimum setbacks:

a.

From front and side lot lines: Establishments located in this district must conform to the front and side setback requirements applicable to dwellings located in the adjacent residential district. If more than one (1) residential district is adjacent to the B-1 district, the front and side setback requirements of the district shall be the same as those imposed in the most restrictive adjacent residential district.

b.

From rear lot line: Twenty-five (25) feet.

(5)

Maximum building height: Thirty-five (35) feet.

(Ord. No. 82-14, § 4-4.2, 7-19-82)

Provided all the use restrictions of the B-1 district (See section 23-237) are observed, the following uses are permitted:

Churches and other places of formal worship.

Clubs and lodges.

Commercial establishments.

Government uses of this municipality.

Libraries, museums.

Offices.

Service establishments.

Accessory uses in accordance with section 23-118.

(Ord. No. 82-14, § 4-4.3, 7-19-82)

Provided all the use restrictions of the B-1 district (See section 23-237) are observed, the following uses may be allowed by special use permit:

Dwelling units if located above the first story.

Governmental uses other than those of this municipality.

Taverns.

Utility substations.

(Ord. No. 82-14, § 4-4.4, 7-19-82)

The B-2 Central Business District encompasses the concentrated pedestrian-oriented commercial area of this municipality. Stores and other facilities providing a wide range of retail goods and services to the general public may be located within this district.

(Ord. No. 82-14, § 4-5, 7-19-82)

(a)

Retail only. Every commercial or service establishment located in the B-2 district shall deal directly with consumers.

(b)

Processing incidental. Any processing or treatment of goods on any premises in the B-2 district must be clearly incidental to the retail business conducted on such premises.

(c)

Unenclosed activities; special use permit. In the B-2 district, a special use permit is required to conduct any commercial, service, or storage activities outside a completely enclosed building.

(d)

Drive-ins; special use permit. In the B-2 district, a special use permit is required to establish any business that will offer goods or services directly to customers waiting in parked motor vehicles, or that will sell food or beverages for consumption on the premises in parked motor vehicles.

(e)

Refuse containers. All refuse generated by any establishment located within this district shall be stored in tightly covered containers placed in a visually screened area.

(f)

Screening. Along the side and rear lot lines of any lot abutting any residential district, screening (a wall, solid fence, or closely planted shrubbery) at least six (6) feet high and of sufficient density to completely block the view from the adjacent residential property shall be installed.

(g)

Parking. See article V of this chapter.

(h)

Signs. See the sign control ordinance.

(Ord. No. 82-14, § 4-5.1, 7-19-82; Ord. No. 2007-21, § I, 7-16-07; Ord. No. 2009-01, § I, 1-5-09)

Every principal building erected in the B-2 Central Business District shall conform to the requirements indicated below:

(1)

Minimum lot area: None

(2)

Minimum lot width: Thirty (30) feet at the established building line.

(3)

Minimum lot depth: None.

(4)

Minimum setbacks: Generally none required except as necessary to achieve compliance with applicable off-street parking and loading requirements. (See article 6); however, any lot abutting a residential district shall conform to the front and side setback requirements of such district.

(5)

Maximum building height: Sixty (60) feet.

(Ord. No. 82-14, § 4-5.2, 7-19-82)

Provided all the use restrictions of this district (See section 23-257) are observed, the following uses are permitted:

Auditoriums, meeting rooms, and other places of assembly.

Churches and other places of formal worship.

Clubs and lodges.

Commercial establishments, except those listed in section 23-260.

Government uses of this municipality.

Libraries, museums.

Mass transit facilities.

Offices.

Service establishments, except those listed in section 23-260.

Accessory uses in accordance with section 23-118.

(Ord. No. 82-14, § 4-5.3, 7-19-82)

Provided all the use restrictions of this district (See section 23-267) are observed, the following uses may be allowed by special use permit:

Any use that involves commercial, service, or storage activities conducted outside completely enclosed buildings.

Any use, such as drive-in restaurants, drive-in banks, service stations, etc., that offers goods or services directly to customers waiting in parked vehicles, or that sells food or beverages for consumption on the premises in parked motor vehicles.

Dwelling units, if located above the first story.

Governmental uses other than those of this municipality.

Hospitals, medical/dental clinics. (See section 23-371.)

In the B-2 district, a special use permit is required if a store front business wished to lease or use a portion of its ground floor for residential use. To qualify, the business must:

(1)

Have a ground floor minimum of one thousand (1,000) square feet of ground floor business space devoted to a business purpose;

(2)

The remaining space to be leased or used for residential use shall be the rear portion of the building and meet all city approved building code requirements;

(3)

Ingress and egress to the residential space shall be from the rear of the building; and

(4)

Designated off-street parking shall be available for each tenant on a twenty-four-hour basis.

Taverns.

Utility substations.

(Ord. No. 82-14, § 4-5.4, 7-19-82; Ord. No. 2009-01, § II, 1-5-09)

The B-3 Highway Business District is intended to accommodate and regulate strip commercial developments and compatible uses. Since such businesses, both retail and wholesale, draw their patrons primarily from the motoring public, they typically require direct access to major streets and large lots for off-street parking and loading.

(Ord. No. 82-14, § 4-6, 7-19-82)

(a)

Repairs indoors. All repair and maintenance services in the B-3 district shall be conducted within completely enclosed structures. Storage areas may be open to the sky, but shall be enclosed by walls or solid fences at least eight (8) feet high.

(b)

Refuse containers. All refuse generated by facilities located in the B-3 district shall be stored in tightly covered containers placed in visually screened areas.

(c)

Screening. Along the side and rear lot lines of any lot abutting any residential district, screening (a wall, solid fence, or closely planted shrubbery) at least six (6) feet high and of sufficient density to completely block the view from the adjacent residential property shall be installed.

(d)

Parking. See article V of this chapter.

(e)

Signs. See the sign control ordinance. (Article V, chapter 6.)

(Ord. No. 82-14, § 4-6.1, 7-19-82)

Every principal building erected in the B-3 district shall conform to the requirements indicated below:

(1)

Minimum lot area: Twenty thousand (20,000) square feet.

(2)

Minimum lot width: One hundred twenty-five (125) feet at the established building line.

(3)

Minimum lot depth: One hundred fifty (150) feet.

(4)

Minimum setbacks:

a.

Front lot line: Fifty (50) feet.

b.

Side yards.

Minimum total setback from both side lot lines: Fifty (50) feet.

Minimum setback from either side lot line: Twenty (20) feet.

c.

From rear lot line: Twenty-five (25) feet.

(5)

Maximum structure height: Forty-five (45) feet.

(Ord. No. 82-14, § 4-6.2, 7-19-82)

Provided all the use restrictions of the B-3 district (See section 23-277) are observed, the following uses are permitted:

Churches and other places of formal worship.

Clubs and lodges.

Commercial establishments, any type, including drive-in facilities. Such uses as the following are especially appropriate in this district:

-Bowling alleys

-Furniture and appliance sales

-Greenhouses (See section 23-369)

-Lumber and building supplies sales

-Miniature golf courses

-Mobile home and recreational vehicles sales

-Motor vehicle sales.

Government uses of this municipality.

Offices.

Service establishments, any type, including drive-in facilities. Such uses as the following are especially appropriate in this district:

-Animal hospitals

-Banks and other financial institutions

-Miniature golf courses

-Motels

-Motor vehicles services

-Restaurants

-Service stations. (See section 23-378.)

Accessory uses in accordance with section 23-118.

(Ord. No. 82-14, § 4-6.3, 7-19-82)

Provided all the use restrictions of the B-3 district (See section 23-277) are observed, the following uses may be allowed by special use permit:

Dental/medical clinics.

Drive-in theaters. (See section 23-367)

Dwelling units, if located above the first story.

Freight and bus terminals, and related transportation facilities.

Government uses other than those of this municipality.

Personal wireless service facility (as defined in the Telecommunications Act of 1996).

Research and development facilities involving explosives, flammable gases, or liquids, or live animals.

Utility substations.

Warehousing and wholesaling of any goods including explosives, flammable gases, or liquids, or live animals.

Light industry.

(Ord. No. 82-14, § 4-6.4, 7-19-82; Ord. No. 99-1, § I, 2-1-99; Ord. No. 2000-24, § III, 9-5-00; Ord. No. 2018-16 , § 1, 12-17-2018)

The B-4 I-57 Interchange Business District is intended to accommodate and regulate strip commercial developments and compatible uses within a designated area of the I-57 interchange. Since such businesses draw their patrons primarily from the motoring public, they typically require direct access to major streets and large lots for off-street parking and loading.

(Ord. No. 82-14, § 4-9, 7-19-82; Ord. No. 87-10, § I, 7-6-87)

(a)

Repairs indoors. All repair and maintenance services in the B-4 district shall be conducted within completely enclosed structures. Storage areas may be open to the sky, but shall be enclosed by walls or solid fences at least eight (8) feet high.

(b)

Refuse containers. All refuse generated by facilities located in the B-4 district placed in visually screened areas.

(c)

Parking. See article V of this chapter.

(d)

Signs. See the sign control ordinance. (Article V, chapter 6.)

(Ord. No. 82-14, § 4-9.1, 7-19-82; Ord. No. 87-10, § I, 7-6-87)

Every principal building erected in the B-4 district shall conform to the requirements indicated below:

(1)

Minimum lot area: One-half acre.

(2)

Minimum lot width: One hundred fifty (150) feet at the established building line.

(3)

Minimum lot depth: One hundred fifty (150) feet.

(4)

Minimum setbacks:

a.

From front lot line: Fifty (50) feet.

b.

Side yards:

Minimum total setback from both side lot lines: Fifty (50) feet.

Minimum setback from either side of lot line: Twenty (20) feet.

c.

From rear lot line: Twenty-five (25) feet.

(5)

Maximum structure height: Forty-five (45) feet.

(Ord. No. 82-14, § 4-9.2, 7-19-82; Ord. No. 87-10, § I, 7-6-87)

Provided all the use restrictions of the B-4 district (See section 23-297) are observed, the following uses are permitted:

Retail commercial establishments and service establishments which primarily serve the motoring consumer.

Such uses as the following are especially appropriate in this district:

-Restaurants

-Motels

-Shopping centers

-Service stations

-Motor vehicle sales and service

-Mobile home sales and service

-Recreational vehicle sales and service

Accessory uses in accordance with section 23-118.

(Ord. No. 82-14, § 4-9.3, 7-19-82; Ord. No. 87-10, § I, 7-6-87)

Provided all the use restrictions of the B-4 district (See section 23-297) are observed, the following uses may be allowed by special use permit:

Research and development facilities.

Utility substations.

Light industry.

Offices.

Warehousing.

(Ord. No. 82-14, § 4-9.4, 7-19-82; Ord. No. 87-10, § I, 7-6-87)

The B-5 Central/Intermediate Business District encompasses an area adjacent to the B-2 Downtown Business District. The B-5 district is characterized by a wide range of semipedestrian-oriented and motorist-oriented business and service establishments. Although some setback requirements are desirable in this district, existing lot characteristics limit the extent to which setbacks can be applied due to their generally narrow and shallow dimensions.

(Ord. No. 82-14, § 4-10, 7-19-82; Ord. No. 87-10, § II, 7-6-87)

(a)

Retail only. Every commercial or service establishment listed in the B-5 district shall deal directly with consumers.

(b)

Processing incidental. Any processing or treatment of goods on any premises in the B-5 district must be clearly incidental to the retail business conducted on such premises.

(c)

Unenclosed activities; special use permit. In the B-5 district, a special use permit is required to conduct any commercial, service, or storage activities outside a completely enclosed building.

(d)

Drive-ins; special use permit. In the B-5 district, a special use permit is required to establish any business that will offer goods or services directly to customers waiting in parked motor vehicles, or that will sell food or beverages for consumption on the premises in parked motor vehicles.

(e)

Refuse containers. All refuse generated by any establishment located in the B-5 district shall be stored in tightly covered containers placed in a visually screened area.

(f)

Screening. Along the side and rear lot lines of any lot abutting any residential district, screening (a wall, solid fence, or closely planted shrubbery) at least six (6) feet high and of sufficient density to completely block the view from the adjacent residential property shall be installed.

(g)

Parking. See article V of this chapter.

(h)

Signs. See the sign control ordinance. (Article V, chapter 6.)

(Ord. No. 82-14, § 4-10.1, 7-19-82; Ord. No. 87-10, § II, 7-6-87)

Every building erected in the B-5 district shall conform to the requirements indicated below:

(1)

Minimum lot area: Five thousand (5,000) square feet.

(2)

Minimum lot width: Fifty (50) feet at established building line.

(3)

Minimum lot depth; One hundred (100) feet.

(4)

Minimum setbacks:

a.

From front lot line: Where lots having fifty (50) percent or more of the frontage on one (1) side of a street between intersections (one (1) block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the minimum required front setbacks on that block shall be the average of the existing front setbacks; provided, however, that, no front setback shall be less than twelve (12) feet.

b.

Side yards:

Minimum total setback from both side lot lines, sixteen (16) feet.

Minimum setback from either side lot line, eight (8) feet. Refer to section 23-113 and subsection 23-116(b) when a corner side yard is involved.

c.

From rear lot line: Twenty-five (25) feet.

(5)

Maximum structure height: Thirty-five (35) feet.

(Ord. No. 82-14, § 4-10.2, 7-19-82; Ord. No. 87-10, § II, 7-6-87)

Provided that all the use restrictions of the B-5 district are observed, the following uses are permitted:

Churches and other places of formal worship.

Commercial establishments, except those listed in section 23-320.

Government uses of this municipality.

Libraries, museums.

Offices.

Service establishments except those listed in section 23-320.

Accessory uses in accordance with section 23-118.

(Ord. No. 82-14, § 4-10.3, 7-19-82; Ord. No. 87-10, § II, 7-6-87)

Special uses in the B-5 district are:

Any use that involves commercial, service, or storage activities conducted outside completely enclosed buildings.

Any use, such as drive-in restaurants, drive-in banks, service stations, etc., that offers goods and services directly to customers waiting in parked vehicles or that sells food or beverages for consumption on the premises in parked motor vehicles.

Dwelling units.

Government uses other than this municipality.

Hospitals.

Taverns or package liquor facilities.

(Ord. No. 82-14, § 4-10.4, 7-19-82; Ord. No. 87-10, § II, 7-6-87)

The I Industrial District is intended to provide for areas where light industry, research facilities, warehouses, and wholesale businesses may locate without detriment to the remainder of the community. In these areas a satisfactory correlation of factors required by such uses exists or can be readily achieved.

(Ord. No. 82-14, § 4-7, 7-19-82)

(a)

No nuisances. No production, processing, cleaning, servicing, testing, repair, sale, or storage of goods, materials, or equipment shall unreasonably interfere with the use, occupancy, or enjoyment of neighboring properties or the community as a whole in the I district. Unreasonable interferences include, but are not limited to, excessive traffic congestion, loud or shrill noises, excessive emission of smoke, emission of toxic gases, excessive glare, and noxious odors.

(b)

Activities enclosed. All production, processing, cleaning, servicing, testing, or repair activities in the I district shall be conducted within completely enclosed buildings. Storage areas may be open to the sky, but shall be enclosed by walls or fences (whether solid or chain-link), including gates, at least eight (8) feet high.

(c)

Buffer strips. Wherever any industrial use located in the I district abuts any other district, a twenty-foot-wide view and noise control buffer strip shall be installed. Such buffer strip shall consist of densely planted shrubbery that is at least five (5) feet high when planted and that can be expected to reach a height of ten (10) feet when full-grown.

(d)

Parking. See article V of this chapter.

(e)

Signs. See the sign control ordinance. (Article V, chapter 6.)

(Ord. No. 82-14, § 4-7.1, 7-19-82)

Lot and structure requirements in the I district are as follows:

(1)

Minimum lot area: Twenty thousand (20,000) square feet.

(2)

Minimum lot width: One hundred twenty-five (125) feet at the established building line.

(3)

Minimum lot depth: One hundred fifty (150) feet.

(4)

Minimum setbacks:

a.

From front lot line: Twenty-five (25) feet.

b.

From any side lot line: Twenty-five (25) feet.

c.

From rear lot line: Twenty-five (25) feet.

(5)

Maximum structure height: Sixty (60) feet.

(Ord. No. 82-14, § 4-7.2, 7-19-82)

Provided all the use restrictions of the I district (See 23-337) are observed, the following uses are permitted:

Assembly, manufacturing, or processing of any commodity from semi-finished materials provided explosives, flammable gases, or liquids, or live animals are not involved.

Commercial/large scale solar.

Freight and bus terminals, and related mass transportation facilities.

Government uses of this municipality.

Personal wireless service facility (as defined in the Telecommunications Act of 1996).

Research and development facilities not involving explosives, or flammable gases or liquids.

Service stations (See section 23-378).

Warehousing or wholesaling of goods except explosives, flammable gases, or liquids, or live animals.

Accessory uses in accordance with section 23-118.

Adult oriented business, subject to the provisions of contained in Ordinance 98-20.

(a)

Adult oriented businesses are prohibited from operating, locating, or otherwise conducting business within five hundred (500) feet of:

(1)

A church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;

(2)

A public or private school or educational facility, including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, community colleges, and universities; school includes the school grounds;

(3)

The boundary of any residential district as defined in the City of Salem Zoning Code, as amended from time to time;

(4)

A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city or park district;

(5)

The property line of a lot devoted to a residential use as defined in the City of Salem Zoning Code, as amended from time to time;

(6)

Any premises licensed pursuant to the alcoholic liquor control regulations of the State of Illinois and the City of Salem, as amended from time to time.

(7)

Place of public accommodation or restaurant.

(b)

Adult oriented businesses are prohibited from operating, locating, or otherwise conducting business within five hundred (500) feet of another adult oriented business.

(c)

Adult oriented businesses are prohibited from operating, establishing, locating, or maintaining more than one adult oriented business in the same building, structure, or portion thereof.

(d)

For the purpose of subsection (a) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where an adult oriented business is conducted, to the nearest property line of the premises of a use listed above. Presence of a city, county or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section.

(e)

For the purposes of subsection (b) of this section, the distance between any two (2) adult oriented businesses shall be measured in a straight line, without regard to the intervening structures or objects or political boundaries, from the closest exterior wall of the structure in which each business is located.

(f)

Amortization: Any adult oriented business lawfully operating on July 1, 1998, that is in violation of subsections (a) through (e) of this section shall be deemed a nonconforming use. Upon service of notice of nonconformance by the city upon the owner of the adult oriented business, the nonconforming use will be permitted to continue for a period not to exceed one (1) year, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty (30) days or more. Such nonconforming uses shall not be increased, enlarged, extended, or altered except that the use may be changed to a conforming use. Upon the written request of the owner of the nonconforming adult oriented business use, the said one year period shall be extended by the city for an additional period of six (6) months.

(g)

An adult oriented business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant or renewal of the adult oriented business license, of a use listed in subsection (a) of this section within five hundred (500) feet of the adult oriented business. This provision applies only to the renewal of a valid license, and does not apply when an application for a license is submitted after a license has expired or been revoked.

(h)

Sign requirement for all adult oriented businesses: All adult oriented businesses shall comply with the following sign requirements:

(1)

All signs shall be permanent, flat wall signs attached to the exterior walls of the premises only.

(2)

The amount of allowable sign area shall be one square foot of sign per foot of lot frontage on the street fronting the premises.

(3)

No sign shall be equipped with lighting mechanisms capable of flashing.

(4)

No merchandise or pictures of the products or entertainment on the premises shall be displayed on any sign, or in any window areas or any area where they can be viewed from the sidewalk in front of the building. A one (1) square foot sign may be placed on the entrance to the premises stating the hours of operation of the adult oriented business and admittance to adults only.

(Ord. No. 82-14, § 4-7.3, 7-19-1982; Ord. No. 98-20, § XII, 6-15-1998; Ord. No. 2000-24, § II, 9-5-2000; Ord. No. 2019-04, § II, 3-4-2019)

Provided all the use restrictions of the I district (See section 23-337) are observed, the following uses may be allowed by special use permit:

Any commercial uses, either existing or prospective, permitted in the B-3 Highway Business District situated on U. S. Highway 50 frontage, west of Interstate 57, and any school usage existing on the date of this ordinance shall be automatically issued a special use permit by operation of this ordinance.

Assembly, manufacturing, processing, warehousing, or wholesaling involving explosives, flammable gases, or liquids, or live animals.

Day care centers. (See section 23-4)

Nursery schools. (See section 23-377)

Government uses other than those of this municipality.

Junkyards. (See section 23-372)

Research and development facilities involving explosives, or flammable liquids or gases.

Telecommunication businesses.

Utility substations.

Workforce development training centers.

Craft growers.

(Ord. No. 82-14, § 4-7.4, 7-19-1982; Ord. No. 95-16, § V, 10-16-1995; Ord. No. 2001-03, § I, 2-5-2001; Ord. No. 2022-07 , § II, 3-21-2022)

The regulations set forth in this article or set forth elsewhere in this ordinance, when referred to in this article, are the regulations in the B-6 General Commercial District.

(Ord. No. 98-4, § I, 1-19-1998)

The purpose of this district is to provide sufficient space in appropriate locations for a wide variety of commercial and miscellaneous services and light industrial activities, generally serving a wide area and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activities now exists. Although some setback requirements are desirable in this district, existing lot characteristics limit the extent to which setbacks can be applied due to their generally narrow and shallow dimensions.

(Ord. No. 98-4, § I, 1-19-1998)

A building or premises shall be used only for the following purposes:

(1)

Automobile trailer or boat display and sales room.

(2)

When located not less than one hundred (100) feet from any "R" District:

(a)

Bowling alley.

(b)

Drive-in restaurant.

(c)

Other similar place of entertainment or amusement.

(3)

Dancing or music academy.

(4)

Display room for merchandise to be sold at wholesale where merchandise sold is stored elsewhere.

(5)

Farm implement display and sales room.

(6)

Filling station.

(7)

Frozen food locker.

(8)

Milk distributing station.

(9)

Motel or tourist home.

(10)

Parking or public garage.

(11)

Plant nursery or greenhouse.

(12)

Radio or television broadcasting station or studio.

(13)

Sales, leasing or rental of automobiles, trucks of less than twelve thousand (12,000) pounds gross weight, recreational vehicles, boats or motorcycles, including accessory sale of parts and equipment for, and accessory service and repair of such vehicles.

(14)

Theater.

(15)

Veterinarian or animal hospital or riding academy provided that no such building, kennel, or exercise runway shall be closer than fifty (50) feet to any residential district.

(16)

Used car sales or storage lot when located at least fifty (50) feet from any residential district.

(17)

When not employing more than ten persons in a single shift on the premises, not including employees whose principal duties are off the premises or temporary seasonal employees:

(a)

Automobile service establishment.

(b)

Dyeing and cleaning establishment or laundry.

(c)

Painting, plumbing or tinsmithing shop.

(d)

Printing shop.

(e)

Tire sales and service, including vulcanizing.

(f)

Upholstering shop, not involving furniture manufacturing.

(18)

Any other general service or repair establishment of similar character.

(19)

Storage or small warehouse.

(20)

Accessory building or use customarily incidental to any of the above uses.

(Ord. No. 98-4, § I, 1-19-98)

Special uses in the B-6 district are:

(1)

Any use that involves commercial, service, or storage activities conducted outside completely enclosed buildings.

(2)

Any use, such as drive-in restaurants, drive-in banks, service stations, etc., that offers goods and services directly to customers waiting in parked vehicles or that sells food or beverages for consumption on the premises in parked motor vehicles.

(3)

Government uses other than this municipality.

(4)

Hospitals.

(5)

Taverns or package liquor facilities.

(6)

Day care centers.

(7)

Business or commercial school.

(Ord. No. 98-4, § I, 1-19-98)

Every building erected in the B-6 district shall conform to the requirements indicated below:

(1)

Minimum lot area: Five thousand (5,000) square feet.

(2)

Minimum lot width: Fifty (50) feet at established building line.

(3)

Minimum lot depth: One hundred (100) feet.

(4)

Minimum setbacks:

(a)

From front line: Where lots having fifty (50) percent or more of the frontage on one (1) side of a street between intersections (one (1) block) are developed with buildings, and the front setbacks of those lots do not differ by more than ten (10) feet, the minimum required front setbacks on that block shall be the average of the existing front setbacks; provided, however, that no front setback shall be less than fifteen (15) feet.

(b)

Side yards: Minimum total setback from both side lot lines, sixteen (16) feet.

Minimum setback from either side lot line, eight (8) feet. Refer to section 23-113 and subsection 23-116(b).

(c)

From rear lot line: Minimum setback from the rear lot line shall be twenty-five (25) feet.

(Ord. No. 98-4, § I, 1-19-98)

Forty-five (45) feet.

(Ord. No. 98-4, § I, 1-19-98)

See Article V of this Chapter.

(Ord. No. 98-4, § I, 1-19-98)

See the sign control ordinance. (Article V, Chapter 6).

(Ord. No. 98-4, § I, 1-19-98)

Along the side and rear lot lines of any lot abutting any residential district, screening (a wall, solid fence, or closely planted shrubbery) at least six (6) feet high and of sufficient density to completely block the view from the adjacent residential property shall be installed.

(Ord. No. 98-4, § I, 1-19-98)

All refuse generated by any establishment located in the B-6 district shall be stored in tightly covered containers placed in a visually screened area.

(Ord. No. 98-4, § I, 1-19-98)

The planned unit development is a zoning district that provides for site design and utilization in areas favorable for growth but experiencing a variety of developmental problems, or for areas having access to urban services, utilities, and public improvements containing potentially significant site planning advantages for planned unit developments. It is the intent of this district to maximize the public welfare and to provide the flexibility needed by developers to potentially enhance the aesthetic quality, consumer benefits and marketability of multiple- and single-use developments.

(Ord. No. 2008-05, § I, 3-3-08)

The minimum planned unit development district size is two (2) acres.

(Ord. No. 2008-05, § I, 3-3-08)

Any residential or commercial uses or combinations thereof as approved by the planning commission and the city council.

(Ord. No. 2008-05, § I, 3-3-08)

The density of residential developments or the residential portion of multiple use developments shall not exceed the maximum dwelling unit density for the same uses in the appropriate residential districts of this division, unless the planning commission, in its discretion, specifically approves the project with a higher dwelling unit density.

(Ord. No. 2008-05, § I, 3-3-08)

The developer must show on plan documents the proposed building setbacks for all structures. In no case shall construction be allowed on any street right-of-way or utility easement. Setbacks will be considered on an individual project basis, and will require the recommendation of the planning commission and approval of the city council.

(Ord. No. 2008-05, § I, 3-3-08)

(a)

General. The planned unit development can be planned and developed to result in an environment of superior quality than can be achieved under traditional zoning requirements and practices.

(b)

Natural features. Provisions shall be made to accommodate and assure the maintenance of unique natural and manmade amenities such as streams, stream banks, wooded areas, rough terrain, historic sites and similar areas.

(c)

Unified control. The land is or will be under continuing unified control during and after construction, subject to the restrictions of this section.

(d)

Open space. Common or public open space shall be provided in sufficient quantity for amenity and recreational purposes. The quantity of open and recreation space in residential developments shall be a minimum of twenty-five (25) percent of total land area and additionally shall be appropriate to the scale and character of the planned unit development, considering its size, density, expected population, topography, and the number, type, and density of land uses to be provided.

(e)

Utilities. All planned unit developments shall be connected to the city's water and sewer system.

(f)

Information required: (See section 23-363 of this division.)

(g)

Subdivision requirements: Applicants for a "PUD" zoning district shall meet all applicable requirements contained in the City of Salem Subdivision Ordinance, unless specific amendments are recommended by the planning commission and city manager, and approved by the city council.

(h)

Changes after "PUD" completion. After the final plan or plat has been approved and construction has been completed, changes in use or land area shall only be by city approval.

(Ord. No. 2008-05, § I, 3-3-08)

Accessory uses clearly associated with and supplementary to the principal use of the lot or tract of land may be permitted as approved by the planning commission.

(Ord. No. 2008-05, § I, 3-3-08)

The off-street parking and loading requirements and regulations in the "PUD" district are to be the same requirements and regulations as specified for the same uses in article V of chapter 23 of the zoning code, entitled "zoning".

(Ord. No. 2008-05, § I, 3-3-08)

The applicant shall submit to the city manager's office the zoning amendment application and building permit applications, and the applications shall contain both a graphic and written description of the proposal. All applications shall be one (1) inch equals one hundred (100) feet, if possible, or a scale necessary for clarity, and if more than one (1) map is submitted, a map index is required.

(a)

Photographs of the site (aerial photos are acceptable).

(b)

The existing natural topographic features of the project area and its immediate surroundings. USGS ten-foot contour data is acceptable.

(c)

Number of dwelling units by type and gross density per acre.

(d)

The approximate location, size, character and number of all proposed buildings, structures and uses.

(e)

The location and side of proposed off-street parking, loading and pedestrian and vehicular traffic circulation, and its relationship to adjacent circulation systems.

(f)

Landscaping, erosion and sedimentation control features.

(g)

Location of public and/or private utilities and facilities proposed to serve the subject area, including water supply, sewage and drainage facilities.

(h)

Proposed finished grade of the site.

(i)

Perspective or such other drawings as are necessary to indicate the relative character and compatibility of the different land uses of the proposed development and the immediate area, as well as within the project area.

(Ord. No. 2008-05, § I, 3-3-08)

The narrative statement to accompany graphics material as part of the application shall contain, at a minimum, the following information:

(a)

Development schedule providing guidelines and sequence for the completion of the proposed development.

(b)

A description of the economic viability of the development may be required to include a market analysis, cash flow projections and expected types of funding.

(c)

The nature and extent of clearing and grading.

(d)

A statement of the present ownership of all land within the subject area, and, if identification has not been established, an explanation of the method of securing unified development control through the "PUD" area, both during and after construction. Unified control after construction shall include homeowner associations, trust indentures, deed restrictions and other building agreements assuring operating and maintenance of common lands and improvements.

(Ord. No. 2008-05, § I, 3-3-08)

The applicant shall project expected impacts of the development to include, but not be limited to:

(a)

A description of the projected population, in total and by age group categories, and an explanation of the methods by which such projections were derived.

(b)

Anticipated kinds of commercial developments, and their projected employment.

(c)

Volume and nature of projected traffic.

(d)

Water consumption and supply.

(e)

Sewage generation and treatment.

(f)

Drainage facility and system requirements.

(Ord. No. 2008-05, § I, 3-3-08)

Planned unit developments shall meet all development and construction standards as required in the subdivision ordinance and other standards as reflected in the City Code.

(Ord. No. 2008-05, § I, 3-3-08)

Before starting construction of any planned unit development, the applicant must post a surety bond or letter of credit with the City of Salem in an amount equal to the estimated construction cost, as determined by the developer and approved by the city, of all improvements intended to be dedicated to the city.

(Ord. No. 2008-05, § I, 3-3-08)