This article establishes lot and structure requirements, design standards, and use limitations for specific, potentially troublesome, structures and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special use permit; but if more stringent regulations are applicable in any particular district, such regulations shall prevail.

(Ord. No. 82-14, § 5-1, 7-19-82)

(a)

The movie screen of every drive-in theater shall be located at least one hundred (100) feet from all street right-of-way lines and all lot lines, and at least five hundred (500) feet from the boundary of any residential district. The projection surface of the movie screen shall not be visible from any major traffic street.

(b)

Speakers shall be limited to the type designed to be heard by the occupants of one (1) car only.

(c)

The surface of the aisles and parking area of every drive-in theater shall, at a minimum, be treated with a dust palliative.

(d)

Entrances and exits shall connect only to major traffic streets, and shall not be located closer than one hundred (100) feet to any intersection of public streets.

(e)

Stacking (waiting) area for at least twenty-five (25) automobiles shall be provided near the main entrance to prevent traffic tie-ups on adjacent streets.

(Ord. No. 82-14, § 5-2, 7-19-82)

(a)

No barbed wire or electrically-charged fence shall be erected or maintained anywhere in this municipality except in the nonurban district or except when used in conjunction with a nonresidential chain link security fence at least six (6) feet in height when barbed wire is placed on the top thereof.

(b)

No fence, wall or other obstruction shall be erected within any public right-of-way, except by written permission of the zoning administrator.

(c)

No fence, wall, or other obstruction shall be erected in violation of the Illinois Drainage Code (Illinois Revised Statutes, chapter 42, paragraphs 2-1—2-12).

(d)

Every fence, wall, or other obstruction shall conform to the special height restrictions applicable in areas near intersections. (See subsection 23-116(b).)

(Ord. No. 82-14, § 5-3, 7-19-82; Ord. No. 85-16, 9-16-85)

No person shall erect, construct or maintain any wood or other partition fence, or any section or portion thereof, which exceeds five (5) feet in height above the surface of the ground for the first thirty (30) feet back from the front line of the lot or lots, not exceeding eight (8) feet in height for the remainder of the distances to the rear end of the lot, except when such partition fence forms a necessary part of some outbuilding on the premises.

(Code 1971, § 14.11(a))

Cross reference— Nuisance provisions pertaining to fences, § 10-71(12).

(a)

No fertilizer, compost, manure, or other odor or dust-producing substance shall be stored closer than one hundred (100) feet to any lot line.

(b)

Greenhouse heating plants shall be situated in an enclosed structure, and shall not be closer than fifty (50) feet to any lot line.

(Ord. No. 82-14, § 5-4, 7-19-82)

(a)

Definition: A home occupation is any business, professional, or commercial activity conducted entirely within a dwelling in conformity with the provisions of this chapter.

(b)

Intent and purpose: Maintain and preserve the character of residential neighborhoods. Provide peace, quiet and domestic tranquility within all residential neighborhoods within the city, and in order to guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas.

(c)

Required conditions: No home occupation shall be established or conducted (unless stated otherwise in this section) except in conformity with the following conditions:

(1)

Unrelated employees. A home occupation shall employ only one (1) individual who is unrelated to the family residing on the premises.

(2)

Floor space. The total area used for a home occupation shall not exceed twenty-five (25) percent of the gross floor area of a dwelling, or three hundred (300) square feet, which ever is less.

(3)

Neighborhood interference. The home occupation shall not interfere with the reasonable use and enjoyment of neighboring residential properties and shall be located or conducted so that the average neighbor, under normal circumstances, would not be aware of its existence.

(4)

Dwelling alterations. In any residential district, a principal residential building shall not be altered to accommodate a home occupation in such a way as to materially change the residential character of the building.

(5)

Outdoor storage. No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.

(6)

Nuisances. A home occupation shall not generate any offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical interference noticeable at or beyond the lot lines. No home occupation shall cause an increase in traffic or parking congestion in excess of those which normally occur in that residential neighborhood.

(7)

Delivery. There shall be no commodity sold or services rendered that require delivery or shipment of merchandise, goods, or equipment by other than passenger-sized motor vehicles, three-quarter-ton step-up van or similar sized trucks;

(8)

Parking. A home occupation must comply with all provisions of Article 5 of Chapter 23. Additionally, no more than eight (8) business related automobile visits to the premises within the period of 6:00 a.m. to 6:00 p.m. daily shall be permitted.

(9)

Sign ordinance. One (1) flush mount, nonilluminated identification sign not to exceed two (2) square feet in size may be installed on the facade of a building for the purpose of identifying a home occupation.

(10)

Hours of operation. In no case shall a home occupation be open to the public at times earlier than 6:00 a.m. nor later than 6:00 p.m. and no business shall be conducted on Sunday.

(11)

Accessory structures. Garages or carports, whether attached or detached, shall not be used for home occupation other than for storage of automobiles.

(12)

Required notice. A notice of intention must be signed by property owners of record within two hundred fifty (250) feet or the permit can be ruled invalid. Any document necessary for proof that the permit will not violate any subdivision covenant or restriction is the responsibility of the applicant.

(13)

Application process. Any person desiring to obtain a permit for a home occupation shall make an application for same with the administrator of the City of Salem. The application shall be made on such forms as required by the city. There shall be a nonrefundable application fee of one hundred dollars ($100.00).

(14)

Miscellaneous. The applicant understands that the special use permit is revocable if the rules and regulations are not adhered to. A home occupation shall be considered abandoned if it is discontinued for a period of three (3) consecutive months during any calendar year. After such abandonment, an application to resume the home occupation must be filed with and approved by the planning commission. Mandatory review by the commission of home occupations shall occur after the first six (6) months of operation and thereafter annually. The purpose of the review is to determine compliance with any conditions imposed by the commission and to ensure no adverse effects, resulting from the home occupation, have occurred in the neighborhood.

(15)

Noncompliance penalty clause. The violation of any provision of section 23-370 shall be an offense punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).

(16)

Pre-existing home occupations. Any residence which, at the time of the adoption of this amended ordinance, [8-23-93] is being used to house a legal home occupation may continue to be used in this manner for a period not to exceed five (5) years if the owner/proprietor submits a petition (with fifty-dollar application/permit fee) to the City of Salem for a special use permit within two (2) years from the adoption of this ordinance revision (Ord. No. 93-23, 8-23-93). A special use permit shall be granted by the planning commission to the above described owner/proprietor with the agreement between the planning commission and owner/proprietor that the home occupation will come into compliance with the "Home Occupation Ordinance, section 23-370" within five (5) years of the adoption of this ordinance revision (Ord. No. 93-23, 8-23-93).

If the owner/proprietor fails to petition and receive such a special use permit within two (2) years from the adoption of this ordinance revision, he will not be entitled to a special use permit unless he follows all the procedures and meets all the requirements as herein described in sections 23-61—23-64 and section 23-370 of chapter 23 of the Municipal Code of Ordinances for the City of Salem.

(Ord. No. 82-14, § 5-5, 7-19-82; Ord. No. 83-18, 11-7-83; Ord. No. 90-30, § 1, 9-24-90; Ord. No. 93-23, 8-23-93; Ord. No. 2008-22, § II, 8-18-08)

(a)

The lot on which any hospital or sanitarium is situated shall have a minimum width and depth of two hundred (200) feet, and a minimum area of five (5) acres.

(b)

The lot on which any nursing home is situated shall have a minimum width and depth of two hundred (200) feet, and a minimum area of two (2) acres.

(c)

The principal building of any hospital, sanitarium, or nursing home shall be located at least twenty-five (25) feet from all lot lines.

(Ord. No. 82-14, § 5-6, 7-19-82)

(a)

No part of any junkyard, which includes any lot on which one (1) or more inoperable vehicles are stored, shall be located closer than five hundred (500) feet to the boundary of any residential district.

(b)

All vehicles, parts, and equipment shall be stored within a completely enclosed structure or within an area screened by a wall, solid fence, or closely planted shrubbery at least ten (10) feet high and of sufficient density to block the view from adjacent property.

(Ord. No. 82-14, § 5-7, 7-19-82)

Kennels shall be subject to chapter 5 of this Code.

(Ord. No. 82-14, § 5-8, 7-19-82)

(a)

Mobile homes on private lots shall comply with the following supplementary regulations of this section.

(b)

No mobile home shall be placed on any private lot unless the minimum lot size and setback requirements of the district (RS-3) in which such lot is located are met. (See section 23-158)

(c)

As set forth in section 23-157, not more than one (1) mobile home shall be placed on any private lot, nor shall any mobile home be placed on any private lot whereon another principal building exists.

(d)

Every mobile home shall be immobilized and placed on a stand to provide adequate support therefore. The stand shall extend the length of the supports of the mobile home, and shall consist of either six-inch-thick reinforced concrete runners of a four-inch-thick reinforced concrete slab, or pier footings extending below the frost line. Piers shall be sufficient in size and number to properly support the mobile home.

(e)

Mobile homes shall be anchored to the mobile home stand, runners or piers as provided in the Illinois Mobile Home Tie Down Act of 1980 in the Illinois Revised Statutes, chapter 111½, paragraph 4401.

(f)

Every mobile home shall be skirted with fire-resistant material or acceptable manufactured skirting kits. The skirting shall be equipped with an inspection door at least twenty-four (24) inches wide to allow access to the underside of the home.

(g)

Each mobile home shall have a minimum of six hundred (600) square feet floor space.

(Ord. No. 82-14, § 5-9, 7-19-82)

(a)

The regulations of this section do not apply to travel trailers or other recreational vehicles parked in a permitted travel trailer park that conforms to the pertinent requirements of the mobile home park ordinance. The requirements of paragraphs (b), (c) and (e) do not apply to travel trailers or other recreational vehicles parked on a permitted recreational vehicles sales lot.

(b)

Not more than one (1) travel trailers or other recreational vehicle shall be parked on any lot.

(c)

No travel trailer or other recreational vehicle shall be used as a dwelling.

(d)

No travel trailer or other recreational vehicle shall be used as an office of for any other commercial purpose.

(e)

No travel trailer or other recreational vehicle shall be parked on any front yard, except on a driveway.

(f)

No travel trailer or other recreational vehicle shall be parked on a public street in a district zoned for residential use.

(g)

No boat, boat trailer or utility cargo trailer shall be parked on a public street.

(h)

The chief of police, and/or his designee(s) may waive the requirements of this ordinance if the offender can verify that he/she is a valid visitor to the city and is parking the vehicle for no longer than a seventy-two-hour period.

(Ord. No. 82-14, § 5-10, 7-19-82; Ord. No. 2007-19, § I, 6-18-07)

Any person who intends to establish or conduct a sanitary landfill within the zoning jurisdiction of this municipality shall obtain a permit from the state environmental protection agency indicating that the sanitary landfill fully complies with the "Solid Waste Rules and Regulations" promulgated by the IEPA pursuant to the authority granted by Illinois Revised Statutes, chapter 111, paragraph 1022.

(Ord. No. 82-14, § 5-11, 7-19-82)

(a)

The lot on which any school is situated shall have a minimum area indicated below:

(b)

The principal building of every school shall be located at least twenty-five (25) feet from all lot lines.

(Ord. No. 82-14, § 5-12, 7-19-82)

(a)

All gasoline pumps and other service facilities shall be located at least twenty-five (25) feet from any street right-of-way line, side lot line, or rear lot line.

(b)

Every accessway shall be located at least two hundred (200) feet from the principal building of any fire station, school, public library, church, park, or playground, and at least thirty (30) feet from any intersection of public streets.

(c)

Every device for dispensing or selling milk, ice, soft drinks, snacks and similar products shall be located within or adjacent to the principal building.

(d)

All trash receptacles, except minor receptacles adjacent to the gasoline pumps, shall be screened from view.

(e)

Whenever the use of a service station has been discontinued for twelve (12) consecutive months, or for eighteen (18) months during any three-year period, the administrator shall order that all underground storage tanks be removed or filled with material approved by the fire chief.

(Ord. No. 82-14, § 5-13, 7-19-82)

Satellite dish antennas shall be considered an accessory structure as defined in section 23-118 with the following regulations being additional to those contained elsewhere in this Code. The following provisions shall supersede any sections in this Code which may be in conflict.

(1)

Private noncommercial satellite dish antennas may be located in the RS-1, RS-2, RS-3, RS-4, RM-1, RM-2, B-1, B-2 districts with the following restrictions:

a.

No satellite dish antenna may be placed in any front yard or side yard except when permitted by a special use permit. When permitted as a special use, only mesh-type antennas of a noncontrasting color approved by the commission not to exceed ten (10) feet in diameter will be permitted.

b.

No satellite dish antenna may be placed any closer than eight (8) feet to the rear property line or five (5) feet to the side property line. In the case of a special use permit for a front or side yard location, the planning commission will established appropriate setbacks.

c.

No more than one (1) satellite dish antenna per lot is permitted.

d.

Roof-mounted satellite dish antennas will be permitted, provided the dish diameter does not exceed four (4) feet and the dish is of a mesh type and is a noncontrasting color to the roof materials.

e.

Satellite dish antennas shall not exceed fifteen (15) feet overall height above the ground.

f.

Any satellite dish antenna which has a mechanical or electrical device which could cause entanglement, electrical shock or other injury shall be at least four (4) feet above ground level or properly guarded by fencing.

(2)

Satellite dish antennas may be located in the B-3 or I districts with the following restrictions:

a.

No satellite dish antenna may be located closer than fifty (50) feet from the front property line.

b.

No satellite dish antenna shall exceed eighteen (18) feet in overall height above the ground when mounted on the ground and shall not exceed in overall height the maximum height permitted by district regulations when roof-mounted.

(Ord. No. 82-14, § 5-17, 7-19-82; Ord. No. 85-7, § 2, 8-5-85)

Class B manufactured homes placed in any RS-1 and RS-2 zoning district within the city zoning jurisdiction shall be considered a special use and shall be permitted subject to the following supplementary regulations:

(1)

No Class B manufactured home shall be placed on any private lot unless the minimum lot size and setback requirements of the district in which such lot is located are met.

(2)

Every Class B manufactured home shall be affixed to a permanent, full perimeter foundation, as defined in Chapter 3, Figure R-303 of the 1986 Edition, with 1987 and 1988 Amendments of the One and Two Family Dwelling Code. The method of fastening the home to the foundation shall be an approved method listed in the 1980 Illinois Tie Down Act.

(3)

Constructed after June 15, 1976 in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974.

(4)

The home shall have a minimum roof pitch of one (1) in four (4).

(5)

The home shall have a minimum full width of twenty-four (24) feet.

(6)

A complete set of manufacturer's specifications of the home shall be submitted to the planning commission for review and approval.

(7)

Seams created by the connection of sections of the home shall be covered by at least a four-foot section of siding material in such a fashion as to be totally indistinguishable.

(8)

The planning commission may establish landscaping criteria as a condition of the special use permit.

(9)

The planning commission shall determine that the location of the Class B manufactured home will not produce any detrimental effects in the neighborhood in which it is being located and that the design, size and appearance of the home are compatible with surrounding site-built homes.

(Ord. No. 87-18, § IV, 11-2-87)

(a)

No more than six (6) garage or yard sales shall be conducted on any single residential premises during a calendar year.

(b)

A garage or yard sale may be conducted on three (3) consecutive days. Garage and yard sales shall be conducted during daylight hours only.

(c)

All garage and yard sale signs shall conform to section 6-126 of this Code.

(d)

No garage or yard sale shall generate any offensive noise, vibration, smoke, dust, odors, heat, glare, or electrical interference noticeable at or beyond the lot lines.

(Ord. No. 89-10, § 5-18(b)—(e), 6-5-89)

Editor's note— Ord. No. 89-10, adopted June 5, 1989, amended Art. V of Ch. 26 of the city's 1971 Code by adding provisions relative to garage and yard sales in residential districts to be included as § 5-18. At the discretion of the editor, subsection (a) thereof, defining garage and yard sales, has been added in alphabetical sequence to § 23-4 of this chapter and subsections (b)—(e) have been added as § 23-381(a)—(d).

A "bed and breakfast establishment" shall mean a single-family, owner-occupied residential dwelling at least fifty (50) years old which, as a subordinate use, provides accommodations for a charge to the general public, said accommodations being no more than four (4) guest rooms for rent for no more than five (5) consecutive nights nor more than twenty (20) nights per year for any individual. Breakfast may be provided to the guests only. Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments.

(1)

It shall be unlawful for any person to publicly or privately advertise, maintain or operate a bed and breakfast establishment within this municipality without first securing a special use permit from the planning commission, who shall conduct a thorough review process to insure compliance with applicable provisions of this section. The issue of the bed and breakfast special use permit shall be contingent upon a favorable inspection of both the Salem fire chief or his designate and the city code enforcement officer.

a.

The code enforcement officer shall certify the premises is in compliance with all applicable local building, housing and zoning regulations, including all regulations pertaining to handicapped accessibility prior to issuing a certificate of occupancy.

b.

The special use permit shall be valid through April thirtieth next following the date of issuance and the bed and breakfast establishment shall be re-inspected by the code enforcement department and fire department prior to renewal of permit.

c.

The permit holder shall comply with all applicable state and local health and fire standards and additional standards as required by the Illinois Bed and Breakfast Act (Ill. Rev. Stat. Chapter 71:101—108).

d.

Any change in ownership of the bed and breakfast establishment shall constitute termination of the special use permit.

(2)

Offstreet parking shall be provided at a ratio of one (1) parking space for each guest room or suite; one (1) parking space for each nonresident employee and one (1) parking space for the owner; provided, however, the planning commission may reduce this ratio by up to twenty (20) percent of the requirement if evidence is given which demonstrates the ratio is excessive.

(3)

The licensee shall maintain minimum liability insurance coverage of five hundred thousand dollars ($500,000.00) for each individual and one million dollars ($1,000,000.00) for each occurrence. The permit holder shall file a certificate of insurance with the city clerk prior to the effective date of the permit. Failure to maintain minimum liability insurance shall result in automatic revocation of the bed and breakfast permit.

(4)

For the purposes of the city's hotel/motel tax, a guest room within a bed and breakfast establishment shall be considered a "hotel or motel room" and shall be subject to said tax pursuant to section 11-81 et seq. of the Salem Municipal Code.

(5)

A bed and breakfast establishment shall not have any sign or other on-site evidence of its use except as may be authorized and approved by the planning commission. The planning commission shall require the applicant to submit a full set of plans for the proposed sign. The type and intensity of illumination, if any, shall be determined by the planning commission.

(6)

Individual bed and breakfast units shall not contain cooking facilities.

(7)

No more than one (1) nonresident person may be employed on the premises.

(8)

Any person in violation of terms of this ordinance shall be guilty of an ordinance violation and, upon conviction, shall be fined not less than fifty dollars ($50.00), nor more than five hundred dollars ($500.00). Each day a violation continues is considered a separate offense.

(Ord. No. 93-4, § 1, 2-22-1993; Ord. No. 93-7, § 1, 4-2-1993)

Cross reference— Tax on transient lodging, § 11-81 et seq.

(a)

In any zoning district where the keeping of horses is permitted (for example, as an accessory use in the non-urban district), at least five (5) acres shall be allocated for the first horse kept, and two (2) more acres shall be allocated for each additional horse.

(b)

Any stable or other structure housing horses shall be located at least two hundred (200) feet from the nearest existing dwelling, and at least one hundred (100) feet from any lot line.

(Ord. No. 82-14, § 5-14, 7-19-1982)

(a)

No swimming pool, whether public or private, shall be located in any front yard or closer than ten (10) feet to any side or rear lot line.

(b)

Every temporary swimming pool that has sidewalls of four (4) feet, or greater, shall be enclosed by a solid wall or chain link type fence at least four (4) feet in height. The passage through such wall or fence shall be equipped with a gate capable of being secured by locking means.

(c)

Temporary swimming pools that have a sidewall of four (4) feet or greater, and have a removable ladder will be exempt from the fence requirement provided that the ladder is removed and secured when the pool is not in use. If the ladder is not removable, the pool will be required to have a fence as described in section (b).

(d)

An annual pool permit is required for any temporary swimming pool. The annual permit fee is twenty-five dollars ($25.00). The one (1) time permit fee for a permanent pool is fifty dollars ($50.00).

(Ord. No. 82-14, § 5-15, 7-19-1982; Ord. No. 2006-19, § I, 8-7-2006; Ord. No. 2008-21, § VII, 8-4-2008)

Every electrical substation, gas regulator station, telephone exchange facility, sewage treatment plant, water storage facility, or similar facility shall be deemed a special use, and shall conform to the following regulations:

(1)

Every lot on which any such facility is situated shall meet the minimum area and dimension requirements of the district in which it is located. Every part of any such facility shall be located at least twenty-five (25) feet from all lot lines, or shall meet the district setback requirements, whichever is greater.

(2)

In any residential district, every such facility shall be designed, constructed, and operated so that it is compatible with the residential character of the area.

(3)

Screening at least ten (10) feet in height and of sufficient density to block the view from adjacent property shall be installed around every such facility. Furthermore, if the Administrator determines that the facility poses a safety hazard (for example, if there are exposed transformers), he shall require that a secure fence at least eight (8) feet in height be installed behind the planting screen.

(Ord. No. 82-14, § 5-15, 7-19-1982)

All craft growers must comply with all provisions of the Craft Growers Regulations and Tax Act, 410 ILCS 705.

( Ord. No. 2022-07 , § III, 3-21-2022)