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Sandwich City Zoning Code

ARTICLE II

ZONING DISTRICTS AND REGULATIONS

Sec. 98-31.- General.

(a)

Districts, general. For the purpose and provisions of this chapter, the city is hereby organized into 16 districts:

AG Agricultural District
R-1 One-Family Residence District
R-2 One-Family Residence District
R-3 Two-Family Residence District
R-4A General Residence District
R-4B General Residence District
R-4C General Residence District
R-5 General Residence District
B-1 Local Retail Business District
B-2 General Retail Business District
B-3 Service, Automotive, and Wholesale Business District
M-1 Limited Manufacturing District
M-2 General Manufacturing District
O-1 Professional Office District
CBD-1 Central Business District 1
CBD-2 Central Business District 2

 

(b)

Maps. The boundaries of the zoning districts designated above are established as shown on the map entitled "City of Sandwich, District Map" which map is attached hereto and made a part hereof, and shall have the same force and effect as if the district map, together with revisions, notations, references and other information shown thereon were fully set forth and described herein.

(c)

District boundaries. When uncertainty exists with respect to the boundaries of the various districts as shown on the district map, the following rules shall apply:

(1)

District boundary lines are either the center lines of railroads, highways, streets, alleys or easements, or the boundary lines of sections, tracts or lots, or such lines extended or as indicated.

(2)

In areas not subdivided into lots and blocks, whenever a district is indicated as a strip adjacent to and paralleling a street or highway the depth of such strips shall be in accordance with the dimensions shown on the map from section, quarter-section, or division lines, or center lines of streets, highways or railroad rights-of-way unless otherwise indicated.

(3)

Where a lot held in one ownership and of record on the effective date of the ordinance from which this chapter is derived is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district, provided that this construction shall not apply if it increases the less restricted frontage of the lot by more than 25 feet.

(d)

Zoning of streets, alleys, public ways, waterways, and railroad rights-of-way. All streets, alleys, public ways, waterways and railroad rights-of-way, if not otherwise specifically designated, shall be deemed to be in the same zone as the property immediately abutting on such alleys, streets, public ways, and railroad rights-of-way, or waterways. Where the center line of a street, alley, public-way, waterway or a railroad right-of-way serves as a district boundary, the zoning of such areas, unless otherwise specifically designated, shall be deemed to be the same as that of the abutting property up to such center line.

(e)

Rezoning of public and semi-public areas. An area indicated on the district map as a public park, recreation area, public school site, cemetery, or other similar open space, shall not be used for any other purpose than that designated; and when the use of the area is discontinued, it shall automatically be zoned R-1 One-Family Residence District until appropriate zoning is authorized by the city council within three months after the date of application is filed for rezoning.

(f)

Zoning of annexed land. All land which may hereafter become a part of the incorporated area of the city, as a result of the annexation, shall automatically be classified as R-1 One-Family Residence District, except as may be provided for by a pre-annexation or annexation agreement and following a public hearing by the plan commission.

(g)

Zoning of annexed land used for agricultural purposes. Notwithstanding subsection (f) of this section, all land which may hereinafter become part of the incorporated area of the city, as the result of annexation and which land is zoned agricultural under any county zoning ordinance, or this chapter, or which, at the time of annexation is being used principally for agricultural purposes, shall be automatically classified under this chapter as an AG Agricultural District until such time as rezoning of the land to some other zoning use or district is approved by the city.

(Ord. No. 2001-26, § 1(2-1), 10-8-2001; Ord. No. 2005-20, § 2(2-1), 9-12-2005)

Sec. 98-32. - AG Agricultural District.

(a)

Purpose. It is recognized that the public health and welfare of the citizens of the city and the area within contiguous territory not more than 1½ miles beyond its corporate limits are greatly dependent upon the sustenance and economic benefits provided by a viable agricultural industry. This district is intended to ensure that the land areas therein which are well suited for production of food and fiber are retained for such production, unimpeded by the establishment of incompatible uses which would hinder farm operations and irretrievably deplete agricultural lands.

(1)

This district acknowledges that agriculture is a specialized form of industry characterized by the production through biological and botanical processes of saleable farm products as a result of the combination of raw materials (soils, seeds, plants, water and nutrients), manpower (farm labor and machinery), and energy (solar and power equipment).

(2)

Other specific purposes for which this district is established include:

a.

To preserve woodlands and wetlands associated with farms which, because of their natural physical features, are useful as water retention and groundwater recharge areas, and as habitat for plant and animal life; and which have an important aesthetic and scenic value which contributes to the unique character of the agricultural district.

b.

To provide the basis for land tax assessments which reflect its existing agricultural nature and owing to these regulations, its limited use for other purposes.

c.

To prevent the conversion of agricultural land to scattered non-farm development which, when unregulated, unnecessarily increases the cost of public services to all citizens and results in the premature disinvestment in agriculture.

(3)

The agricultural district boundaries are generally based on an analysis of soils that identified those especially suited for farming as classified by the U.S. Soil Conservation Service (based on the characteristics of soils, drainage, topography, and the availability of water). Other factors were also taken into consideration when establishing the district boundaries, including the existing investment in agriculture, the extent of and proximity to non-farm development, the average parcel size of existing farms, and the minimum acreage needed for most farm operations.

(b)

Permitted uses. No building, structure, or parcel of land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the following uses:

(1)

Agriculture and agricultural purposes.

(2)

Agricultural labor housing, accessory to a farm residence located on a minimum of 40 acres, provided that such housing is located in proximity to the farm residence. The total number of housing units on the farm, including the residence and all agricultural labor housing units, shall not exceed one unit per 40 acres.

(3)

Conservation area for fauna, flora.

(4)

Farms.

(5)

Farm buildings.

(6)

Farm drainage and irrigation systems.

(7)

Farm residences.

(8)

Forest preserves.

(9)

Historic sites and structures.

(10)

Nursery and/or orchards.

(11)

Private stables.

(12)

Roadside stands, with not more than 600 square feet of gross floor area, including outdoor display, and set back from the right-of-way at least 50 feet, with off-street parking for a minimum of five cars, or one space for each 50 square feet of structure, whichever is greater. Sales shall be limited to only those products grown or produced on the premises. Parking spaces shall also be consistent with the requirements of article III of this chapter. Sales only permitted from March 15 through November 15.

(13)

Trees, sod farms.

(14)

Uses customarily accessory to farm operations.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

The following uses of land and structures may be permitted upon the issuance of a special use permit:

a.

Adult-use cannabis craft grower organization.

b.

Adult-use cannabis cultivation organization.

c.

Adult-use cannabis dispensing organization.

d.

Adult-use cannabis infuser organization.

e.

Adult-use cannabis processing organization.

f.

Adult-use cannabis transporting organization.

g.

Agribusinesses, when the petitioner has proven that the business activity is directly and primarily used by those actively engaged in the pursuit of agricultural activities, and when the petitioner has shown, at the time of the hearing, that all local, state, and federal regulations will be complied with.

h.

Animal shelters and animal hospitals.

i.

Churches.

j.

Dairies.

k.

Cemeteries.

l.

Government buildings.

m.

Home occupations.

n.

Kennels.

o.

Landscaping businesses, provided that all vehicles, equipment and materials associated with a landscaping business shall be stored entirely within an area enclosed structure, unless otherwise permitted under the terms of a special use permit.

p.

Production of sweet cider, hard cider, and wine from crops grown on the same property where such production takes place, and the tasting, and sale thereof at wholesale or retail.

q.

Roadside stands with not more than 600 square feet of gross floor area, and set back from the right-of-way at least 50 feet, and with off-street parking for a minimum of five cars, or one space for each 50 square feet of structure, whichever is greater. Such parking spaces shall also be consistent with the requirements of article III of this chapter. Sales only permitted from March 15 through November 15.

(2)

Standards applicable to all special use permits.

a.

The proposed use shall be sited upon lands which are less suitable for commercial agricultural lands within the district.

b.

The proposed use shall be sited on a parcel in a manner which minimizes the amount of productive agriculture land which is converted to the proposed use.

c.

The proposed use shall be located in close proximity to existing facilities providing agricultural services whenever possible and appropriate. The clustering of agribusinesses into agricultural service centers shall be encouraged and accomplished by special use permit.

(d)

Minimum lot requirements.

(1)

The minimum lot area for a farm residence shall be 40 acres. The minimum lot width at the minimum front setback line for a parcel including a farm residence shall be 200 feet.

(2)

A subdivision, for the purpose of the sale or transfer of ownership of one lot containing an existing residential building fully constructed prior to June 1, 2002, and being not less than two acres. This provision is intended to allow for the division of an existing residence from the fields used for agricultural activities; provided, however, in a division under subsection, if the existing dwelling to be divided off from the larger tract is located 300 feet or more from the street line from which access for the lot is obtained or to be obtained, an access strip may be used. The access strip must be at least 20 feet in width and shall be included in the lot divided from the larger tract. The new lot, exclusive of the access strip, must meet the minimum lot area and width requirements, with the lot being measured at the front of the existing dwelling. Such subdivision, if approved by the city council, is not a violation of this chapter. The lot which results from such subdivision shall be a legal, nonconforming residential lot in the AG district and the balance of the parcel from which the lot is divided shall not be buildable for future residences.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. A front yard of not less than 50 feet shall be provided.

(2)

Side yard. A side yard on each side of the principal building of not less than 25 feet shall be provided, except where a side yard adjoins a street, the minimum width on the street side shall be increased to 50 feet.

(3)

Rear yard. A rear yard of not less than 35 feet shall be provided.

(4)

Transitional yards. Not required in the AG Agricultural District.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the agricultural district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. The maximum height for all buildings and structures in the AG district shall be 2½ stories not to exceed 35 feet, except for barns and silos which may have a maximum height of 50 feet.

(g)

Maximum floor area ratio and lot coverage. Not applicable in the AG Agricultural District.

(h)

Off-street parking and loading requirements. Not applicable in the AG Agricultural District.

(i)

Density. Not applicable in the AG Agricultural District.

(j)

Dwelling standards. Not applicable in the AG Agricultural District.

(k)

Conditions of use. The following conditions shall be required:

(1)

All buildings and structures utilized for the conduct of an animal hospital shall be located not less than 200 feet from any property line.

(2)

Animal and fowl shall be stabled not less than 200 feet from any property line.

(l)

Landscaping and buffering requirements. Not applicable in the AG Agricultural District.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2002-14, § 2(2-2-2), 9-9-2002; Ord. No. 2020-06, § 4, 3-9-2020; Ord. No. 2021-03, § 1, 3-8-2021)

Sec. 98-33. - R-1 One-Family Residence District.

(a)

Purpose. The R-1 district is established to encourage the orderly transition of land from agricultural to low density residential use; to provide areas well suited for development from both a location and topographic standpoint; to meet market demands for large lots; and to prohibit any uses which are incompatible. The principal use of land is for single-family dwellings.

(b)

Permitted uses. No building, structure, or parcel of land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the following uses:

(1)

One-family detached dwellings and permitted accessory uses. For the purpose of this district, a dwelling may be occupied by one family or an individual, plus no more than two lodgers, boarders, or guests.

(2)

Churches, rectories, seminaries, convents, monasteries, and similar religious institutions, including accessory uses required for operation.

(3)

Detention/retention basins, public or private.

(4)

Parks, forest preserves, and recreational areas, when publicly owned and operated.

(5)

Home occupations.

(6)

Schools, public, denominational or private, elementary, junior high and high, including playgrounds and athletic fields auxiliary thereto.

(7)

Signs, as permitted in article VII of this chapter.

(8)

Accessory uses, including off-street parking facilities in accordance with the provisions of article III of this chapter.

(9)

Group homes for people with disabilities that are licensed, certified, or accredited by the state or appropriate national licensing, certification, or accreditation body.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

Barber shops and beauty shops.

(2)

Bed and breakfast establishments.

(3)

Cemeteries; including mausoleums and crematories in conjunction therewith, if such appurtenances are located not less than 200 feet from any existing dwelling.

(4)

Child care center, family child care home, and nursery school - day or nursery, public or private for pre-school age children, provided there is adequate outdoor play area for each child to be cared for, and that the play area is fenced and screened with planting from all adjoining lots in any "R" districts.

(5)

Colleges and universities, including dormitories, fraternities, sororities, and other accessory buildings necessary for operation, but not including business colleges or trade schools.

(6)

Golf courses, regulation size, but not including commercially operated driving ranges or miniature golf courses.

(7)

Government building and facilities, including public libraries.

(8)

Health and medical institutions, as follows:

a.

Convalescent nursing and rest homes.

b.

Hospitals and sanitariums.

c.

Institutional establishments providing care or care and residence for children or adults.

(9)

Planned unit developments, under single ownership or control, in which incidental business or recreational facilities for the convenience of the occupants may be furnished, provided the property proposed for development shall have a gross area of at least ten acres. For such developments, the city council may vary the regulations herein, provided such variations are consistent with the general purpose and intent of this chapter and will result in better land planning, and thus, be of greater benefit to the occupants of the development and to the community.

(10)

Public service uses, including:

a.

Electric substations.

b.

Filtration plant, pumping station, and water reservoir.

c.

Police and fire stations.

d.

Sewage treatment plant.

e.

Telephone exchange.

f.

Other similar public service uses.

(11)

Radio and television stations and towers.

(12)

Sleeping rooms not exceeding three per dwelling unit.

(13)

Group homes for people with disabilities for which the state and the United States do not require a license, certification, or accreditation shall be allowed if found to be in substantial compliance with state licensing standards or certification standards of an appropriate national accreditation agency for a comparable type of group home. A group home or its operator that is currently denied a required license, certification, or accreditation is not eligible for a special use permit.

(14)

Halfway houses for people with disabilities.

(d)

Minimum lot requirements.

(1)

Every one-family detached dwelling or community residence, whether as a permitted use or a special use (notwithstanding subsection (d)(3) of this section), shall be located on a lot having an area of not less than 13,500 square feet, and a width at the established building line of not less than 90 feet.

(2)

All nonresidential principal uses of buildings as permitted herein shall be located on a tract of land having an area of not less than 16,000 square feet with a minimum width of 107 feet at the established building line.

(3)

Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall any such lot have an area less than 16,000 square feet and a width of 107 feet at the established building line.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. A front yard of not less than 35 feet shall be provided.

(2)

Side yard. A side yard on each side of the principal building of not less than ten feet shall be provided, except where a side yard adjoins a street, the minimum width on the street side shall be increased to 35 feet.

(3)

Rear yard. A rear yard of not less than 30 feet shall be provided.

(4)

Transitional yards. Not required in the R-1 One-Family Residence District.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the one-family residence district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of 2½ stories, nor shall it exceed 35 feet in height.

(g)

Maximum floor area ratio and lot coverage. Not more than 35 percent of the area of a zoning lot may be covered by buildings and structures, including accessory buildings.

(h)

Off-street parking and loading requirements. Off-street parking and loading shall be provided as required or permitted in article III of this chapter.

(i)

Density. The density for a one-family residence in the R-1 district shall not exceed three dwelling units per gross acre.

(j)

Dwelling standards. Every one-story dwelling in any R-1 One-Family Residence District shall have a total ground floor area of not less than 900 square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not frequently used. Every dwelling of more than one story in any R-1 One-Family Residence District shall have a total floor area, measured from the outside of the exterior walls, of not less than 1,200 square feet, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not frequently used.

(k)

Conditions of use. Not applicable in the R-1 One-Family Residence District.

(l)

Landscaping and buffering requirements. Not applicable in the R-1 One-Family Residence District.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-2), 10-8-2001; Ord. No. 2005-07, §§ 3(2-2-3), 7(3-2-2), 4-11-2005; Ord. No. 2005-20, § 2(2-2-2), 9-12-2005; Ord. No. 2021-03, § 2, 3-8-2021)

Sec. 98-34. - R-2 One-Family Residence District.

(a)

Purpose. The R-2 district is established to provide low density areas in which the principal use of land is for single-family dwellings.

(b)

Permitted uses. No building, structure, or parcel of land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the following uses: Any use permitted in the R-1 One-Family Residence District.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate: Any use which may be allowed as a special use in the R-1 One-Family Residence District.

(d)

Minimum lot requirements.

(1)

Every one-family detached dwelling or community residence, whether as a permitted use or a special use (notwithstanding subsection (d)(3) of this section), shall be located on a zoning lot having an area of not less than 8,712 square feet and a width at the established building line of not less than 66 feet.

(2)

All nonresidential principal uses of buildings as permitted herein shall be located on a tract of land having an area not less than 10,000 square feet and a minimum width of 80 feet at the building line.

(3)

Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall any such lot have an area of less than 10,000 square feet and a width of 80 feet at the building line.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. A front yard of not less than 35 feet shall be provided.

(2)

Side yard. A side yard on each side of the principal building of not less than ten feet shall be provided, except where a side yard adjoins a street, the minimum width on the street side shall be increased to 35 feet.

(3)

Rear yard. A rear yard of not less than 30 feet shall be provided.

(4)

Transitional yards. Not required in the R-2 One-Family Residence District.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the one-family residence district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of 2½ stories, nor shall it exceed 35 feet in height.

(g)

Maximum floor area ratio and lot coverage. Not more than 35 percent of the area of a zoning lot may be covered by buildings or structures, including accessory buildings.

(h)

Off-street parking and loading requirements. Off-street parking and loading shall be provided as required or permitted in article III of this chapter.

(i)

Density. The density for one-family residences in the R-2 district shall not exceed 4½ dwelling units per gross acre.

(j)

Dwelling standards. Every one story dwelling in any R-2 One-Family Residence District shall have a total ground floor area of not less than 700 square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating, or sleeping purposes. Every dwelling of more than one story in any R-2 One-Family Residence District shall have a total floor area, measured from the outside of the exterior walls, of not less than 1,050 square feet, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods for living, eating, or sleeping purposes, except that enclosed spaces intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor area.

(k)

Conditions of use. Not applicable in the R-2 One-Family Residence District.

(l)

Landscaping and buffering requirements. Not applicable in the R-2 One-Family Residence District.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-3), 10-8-2001; Ord. No. 2005-07, § 7(2-2-3), 4-11-2005; Ord. No. 2005-20, § 2(2-2-3), 9-12-2005; Ord. No. 2021-03, § 3, 3-8-2021)

Sec. 98-35. - R-3 Two-Family Residence District.

(a)

Purpose. The R-3 district is established to provide areas of a higher density than the R-2 district, but yet retains a similar character to the R-2 district. Dwellings other than detached single-family structures are first recognized in the R-3 district.

(b)

Permitted uses. No building, structure, or parcel of land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the following uses:

(1)

Any use permitted in the R-1 One-Family Residence District.

(2)

Two-family dwellings. For the purpose of this district a dwelling unit may be occupied by one family or an individual, plus no more than two lodgers, boarders, or guests.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

Any use which may be allowed as a special use in the R-1 One-Family Residence District.

(2)

Two-family dwellings which are to be divided so that each of the two units would be under separate ownership but only if all of the following standards are met for the purpose of providing for future maintenance of the building and preserving property values:

a.

That a plat of survey suitable for recording shall be prepared and signed by a licensed state land surveyor accurately dividing the building and lands into no more than two distinct parts with a complete dwelling unit being in each respective part.

b.

That a written declaration by all owners be prepared and suitable for recording which shall among other matters provide for all of the following:

1.

The right of each owner to have reasonable right of access to the exterior of the other unit for the purpose of performing ordinary and necessary maintenance, repair and replacement;

2.

The duty of each owner to pay either equally or in proportion to the size of the respective units in the cost of maintaining, repairing, or replacing the roof and exterior walls and appurtenances of the building;

3.

Party wall provisions for the creation and protecting of rights and imposing obligations on each unit owner in the party wall;

4.

Mutual cross-easements in favor of:

(i)

Utility companies, the city, and cable television for maintaining and installing necessary facilities; and

(ii)

Each unit owner for maintenance purposes;

5.

Landscaping standards to ensure that the property maintains a uniform appearance of maintenance including provisions for mowing of grass in unison; and

6.

The right of a unit owner to reimbursement from the other unit owner for costs advanced for matters provided for in the agreement including lien rights, etc.

c.

The plat of survey and declaration shall, upon approval of a special use, be recorded in the office of the county recorder of deeds together with a certified copy of the special use. It is a violation of this chapter for any person to sell or offer for sale any unit in a two-family dwelling without:

1.

A special use having been previously issued in accordance with the above; and

2.

Prior to all documents described above having been previously recorded.

(d)

Minimum lot requirements.

(1)

Every one-family detached dwelling; or community residence whether as a permitted use or a special use (notwithstanding subsection (d)(4) of this section), occupying an entire building and not a two-family dwelling; shall be located on a lot having an area of not less than 8,712 square feet and a width at the established building line of not less than 66 feet.

(2)

Every two-family dwelling shall be located on a zoning lot having an area of not less than 10,800 square feet and a width at the established building line of not less than 90 feet, provided that where a lot has less width than herein required and was recorded under separate ownership from adjoining lots prior to May 1, 1990, such lot may be occupied by a two-family dwelling, but in no case shall the lot area per dwelling unit be less than 3,000 square feet.

(3)

All nonresidential principal uses of buildings as permitted herein shall be located on a tract of land having an area of not less than 10,000 square feet and a minimum width of 80 feet at the building line.

(4)

Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall such lot have an area of less than 10,000 square feet and a width of 80 feet at the established building line.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. A front yard of not less than 35 feet shall be provided.

(2)

Side yard. A side yard on each side of the principal building of not less than ten feet shall be provided, except where a side yard adjoins a street, the minimum width on the street side shall be increased to 35 feet.

(3)

Rear yard. A rear yard of not less than 30 feet shall be provided.

(4)

Transitional yards. Not required in the R-3 Two-Family Residence District.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the two-family residence district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of 2½ stories, nor shall it exceed 35 feet in height.

(g)

Maximum floor area ratio and lot coverage. Not more than 35 percent of the area of a zoning lot may be covered by buildings or structures, including accessory buildings.

(h)

Off-street parking and loading requirements. Off-street parking shall be provided as required or permitted in article III of this chapter.

(i)

Density. The density in the R-3 district shall not exceed eight dwelling units per gross acre.

(j)

Dwelling standards. One-family and two-family dwellings in the R-3 Two-Family Residence District shall conform to the floor areas as follows for each dwelling unit. Every one story dwelling in any R-3 Two-Family Residence District shall have a total ground floor area of not less than 700 square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating, or sleeping purposes. Every dwelling of more than one story in any R-3 Two-Family Residence District shall have a total floor area, measured from the outside of the exterior walls, of not less than 1,050 square feet, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods for living, eating, or sleeping purposes, except that enclosed spaces intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor area. If a one-family dwelling occupies only the second floor, it shall have a floor area of not less than 700 square feet.

(k)

Conditions of use. Not applicable in the R-3 Two-Family Residence District.

(l)

Landscaping and buffering requirements. Not applicable in the R-3 Two-Family Residence District.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-4), 10-8-2001; Ord. No. 2003-29, § 2(2-2-5), 9-8-2003; Ord. No. 2005-07, § 7(2-2-4), 4-11-2005; Ord. No. 2005-20, § 2(2-2-4), 9-12-2005; Ord. No. 2021-03, § 4, 3-8-2021)

Sec. 98-36. - R-4 General Residence Districts.

(a)

Purpose. The R-4 districts are established as general residence districts to provide for a wider variety of dwelling accommodations with a higher density of dwelling units, with three subdistricts as defined below.

(b)

Permitted uses. No building, structure, or parcel of land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the following uses:

(1)

Any of the uses permitted in the R-1 through R-3 districts.

(2)

Multifamily dwellings. For the purpose of this district a dwelling unit may be occupied by one family or an individual, plus no more than two lodgers, boarders, or guests:

a.

For R-4A:

1.

There shall be no more than four dwelling units per building, and

2.

No more than 40 percent of the lot area shall be used for buildings or structures, and

3.

Not more than 20 percent of the remaining 60 percent of lot area not covered by a building or structure may be hard surfaced except that on-site recreational facilities may be in addition to the above mentioned 20 percent.

b.

For R-4B:

1.

The R-4B zoning district is reserved for townhouses with no more than four dwellings per building and condominiums with no more than four dwellings per building, and

2.

No more than 60 percent of the lot area shall be used for buildings or structures, and

3.

Not more than 20 percent of the remaining 40 percent of the lot area not covered by a building or structure may be hard surfaced except that on-site recreational facilities may be in addition to the above mentioned 20 percent.

c.

For R-4C: Multiple-family dwellings other than those specified in R-4A or R-4B.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

Any use which may be allowed as a special use in the R-1 One-Family Residence District boardinghouses and lodginghouses.

(2)

Mobile home parks.

(3)

Residential buildings with four dwelling units or less in a residential building in the R-4A and R-4B districts which are to be divided so that each of the units would be under separate ownership but only if all of the following standards are met for the purpose of providing for future maintenance of the building and preserving property values:

a.

That a plat of survey suitable for recording shall be prepared and signed by a licensed state land surveyor accurately dividing the building and lands into no more than four distinct parts with a complete dwelling unit being in each respective part.

b.

That a written declaration by all owners be prepared and suitable for recording which shall among other matters provide for all of the following:

1.

The right of each owner to have reasonable right of access to the exterior of the other units for the purpose of performing ordinary and necessary maintenance, repair and replacement;

2.

The duty of each owner to pay either equally or in proportion to the size of the respective units in the cost of maintaining, repairing, or replacing the roof and exterior walls and appurtenances of the building;

3.

Party wall provisions for the creation and protecting of rights and imposing obligations on each unit owner in the party wall;

4.

Mutual cross-easements in favor of:

(i)

Utility companies, the city, and cable television for maintaining and installing necessary facilities; and

(ii)

Each unit owner for maintenance purposes;

5.

Landscaping standards to ensure that the property maintains a uniform appearance of maintenance including provisions for uniform mowing of grass; and

6.

The right of unit owners to reimbursement from other unit owners for costs advanced for matters provide for in the agreement including lien rights, etc.

c.

The plat of survey and declaration shall upon approval of a special use be recorded in the office of the county recorder of deeds together with a certified copy of the special use. It is a violation of this chapter for any person to sell or offer for sale any unit in a multifamily building without:

1.

A special use having been previously issued in accordance with the above; and

2.

Prior to all documents described above having been previously recorded.

(d)

Minimum lot requirements.

(1)

One-family detached dwellings or a community residence, whether as a permitted use or a special use (notwithstanding subsection (d)(5) of this section), shall be located on a zoning lot having an area of not less than 8,712 square feet and a width at the established building line of not less than 66 feet.

(2)

Two-family dwellings shall be located on a zoning lot having an area of not less than 10,800 square feet and a width at the established building line of not less than 90 feet, provided that where a lot has less width than herein required and was recorded under separate ownership from adjoining lots prior to May 1, 1990, such lot may be occupied by a two-family dwelling, but in no case shall the lot area per dwelling unit be less than 3,000 square feet.

(3)

All buildings erected or structurally altered containing three or more dwelling units shall be located on a lot which provides minimum lot area per dwelling unit as follows:

a.

Dwelling units with three or more bedrooms: 4,000 square feet;

b.

Dwelling units with two bedrooms: 3,000 square feet;

c.

Dwelling units with one bedroom: 2,500 square feet;

d.

Efficiency dwelling unit: 2,000 square feet;

provided, however, that in no event shall the minimum lot area be less than 10,800 square feet in area, and 90 feet in width at the established building line.

(4)

All nonresidential principal uses permitted in this district shall be located on a lot having an area of not less than 10,000 square feet and a width at the established building line of not less than 75 feet.

(5)

Minimum lot sizes for special uses shall be prescribed and conditions stipulated at the time a special use permit is authorized, but in no case shall such lot have an area of less than 10,000 square feet and a width at the established building line of not less than 80 feet.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. For each building on a zoning lot, a front yard shall be provided of not less than 35 feet. For buildings exceeding 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 40 feet be required. Required front yards shall be unobstructed from ground level to sky, except as otherwise provided in section 98-141(f).

(2)

Side yard. For each building on a zoning lot, side yards shall be provided as follows:

a.

For one-family detached dwellings and for two-family dwellings, a side yard on each side of the principal building of not less than ten feet shall be provided, except where a side yard adjoins a street, the minimum width on the street side shall be increased to 35 feet.

b.

For multiple-family dwellings, the side yard on each side of each residential building shall be a minimum of ten feet in width plus an additional two feet in width for each additional story above two stories in height. On corner lots there shall be maintained a side yard of not less than 35 feet on the side adjacent to the street which intersects the street upon which the building maintains frontage, and in the case of a reversed corner lot there shall be maintained a setback from the side street of not less than 50 percent of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed 15 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than ten feet to the side lot line of said adjacent lots.

c.

For lots improved with a nonresidential building, there shall be a side yard of not less than 12 feet on each side of the main structure and a combined total of side yards of not less than 30 feet.

d.

For special uses, side yards shall be established in the ordinance permitting the special use, but in no case shall the side yard be less than that required for nonresidential use in subsection (e)(2)c of this section.

(3)

Rear yard. A rear yard of not less than 30 feet shall be provided.

(4)

Transitional yards. Not required in the R-4 General Residence District.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the general residence district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of 2½ stories, nor shall it exceed 35 feet.

(g)

Maximum floor area ratio and lot coverage. The maximum floor area ratio shall be as follows:

(1)

One-family residence: 0.5;

(2)

Two-family residence: 0.7;

(3)

Multiple-family dwellings: 1.0;

(4)

Permitted nonresidential uses: 1.0;

(5)

Special uses: to be specified as part of the special use permit, but should not exceed 1.4.

(h)

Off-street parking and loading requirements. Off-street parking shall be provided as permitted in article III of this chapter.

(i)

Density. Density in the R-4 General Residence Districts shall be as follows:

Zoning District Units per Gross Acre
R-4A 8.0
R-4B 10.0
R-4C 11.0

 

(j)

Dwelling standards. For one-family and two-family dwellings in the R-4 General Residence Districts, every dwelling unit shall have a total ground floor area of not less than 700 square feet, measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages and other spaces that are not used frequently or during extended periods for living, eating, or sleeping purposes. Every dwelling unit of more than one story shall have a total floor area, measured from the outside of the exterior walls, of not less than 1,050 square feet, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods for living, eating, or sleeping purposes, except that enclosed spaces intended for habitable rooms which are to be completed within a reasonable time may be considered in computing such floor area. If a one-family dwelling unit occupies only the second floor, it shall have a floor area of not less than 700 square feet.

(k)

Conditions of use. Not applicable in the R-4A, R-4B, or R-4C General Residence Districts.

(l)

Landscaping and buffering requirements. Not applicable in the R-4A, R-4B, or R-4C General Residence Districts.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-5), 10-8-2001; Ord. No. 2004-07, § 2(2-2-6), 3-8-2004; Ord. No. 2005-07, § 7(2-2-6), 4-11-2005; Ord. No. 2005-20, § 2(2-2-5), 9-12-2005; Ord. No. 2021-03, § 5, 3-8-2021)

Sec. 98-37. - R-5 General Residence District.

(a)

Purpose. The R-5 district is established as a general residence district to provide for a wider variety of dwelling accommodations with a higher density of dwelling units than is permitted in other residence districts.

(b)

Permitted uses. No building, structure, or parcel of land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed for other than one of the following uses:

(1)

Any of the uses permitted in the R-1 through R-4 districts.

(2)

Apartment hotels.

(3)

Bed and breakfast establishments.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

Any use which may be allowed as a special use in the R-1 through R-4 districts.

(2)

Hotels, in which incidental business may be conducted only as a service for the persons living therein, provided there is no entrance to such places of business except from the inside of the building, and provided that no sign advertising such business shall be visible from the outside of the business.

(3)

Medical and dental offices and group medical centers.

(4)

Philanthropic or charitable uses or institutions.

(5)

Private clubs or lodges, except those for which the chief activity is a service normally carried on as a business.

(d)

Minimum lot requirements.

(1)

For one- and two-family dwellings and for community residences, whether as a permitted or special use, shall be located on a zoning lot having an area of not less than 10,800 square feet and a width at the established setback line of not less than 90 feet, provided that where a lot has less width than herein required and was recorded under separate ownership from adjoining lots prior to May 1, 1990, such lot may be occupied by a two-family dwelling, but in no case shall the lot area per dwelling unit be less than 3,000 square feet.

(2)

For every building hereafter erected or structurally altered containing three or more units, the following minimum lot areas per dwelling unit shall be provided:

a.

Apartments with three or more bedrooms: 3,500 square feet;

b.

Apartments with one and two bedrooms: 2,500 square feet;

c.

Efficiency apartments: 1,500 square feet.

No existing use shall be converted in such a way as to conflict with, or further conflict with, the foregoing requirements. Further, no residential building shall be established hereafter on a lot which is less than 8,712 square feet in area and 66 feet in width at the established building line.

(3)

For nonresidential principal uses permitted in this district, the lot area shall be not less than 10,000 square feet with a width at the established building line of not less than 75 feet.

(4)

Minimum lot sizes for special uses shall be prescribed by the plan commission, with the approval of the city council, at the time a special use permit is authorized, but in no case shall any such lot size be less than 10,000 square feet in area nor less than 75 feet in width.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. For each building on a zoning lot, a front yard shall be provided of not less than 35 feet. For buildings, exceeding 25 feet in height, the minimum front yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 25 feet, but in no case shall a front yard of more than 40 feet be required. Required front yards shall be unobstructed from ground level to sky, except as otherwise provided in section 98-141(f).

(2)

Side yard. For each building on a zoning lot, side yards shall be provided as follows:

a.

For one-family detached dwellings and for two-family dwellings, a side yard on each side of the principal building of not less than ten feet shall be provided, except where a side yard adjoins a street, the minimum width on the street side shall be increased to 35 feet.

b.

For multiple-family dwellings, the side yard of each side of each residential building shall be a minimum of ten feet in width plus an additional two feet in width for each additional story above two stories in height. On corner lots there shall be maintained a side yard of not less than 35 feet on the side adjacent to the street which intersects the street upon which the building maintains frontage, and in the case of a reversed corner lot there shall be maintained a setback from the side street of not less than 50 percent of the front yard required on the lots in the rear of such corner lots, but such setback need not exceed 15 feet. No accessory building on said reversed corner lot shall project beyond the front yard required on the adjacent lot to the rear, nor be located nearer than ten feet to the side lot line of said adjacent lots.

c.

For lots improved with a nonresidential building, there shall be a side yard of not less than 12 feet on each side of the main structure and a combined total of side yards of not less than 30 feet.

d.

For special uses, side yards shall be established in the ordinance permitting the special use, but in no case shall the side yard be less than that required for nonresidential use in subsection (e)(2)c of this section.

(3)

Rear yard. A rear yard of not less than 30 feet shall be provided.

(4)

Transitional yards. Not applicable in the R-5 General Residence District.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the general residence district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of four stories, nor shall it exceed 40 feet in height.

(g)

Maximum floor area ratio and lot coverage. The maximum floor area ratios shall be as follows:

(1)

One-family residence: 0.5;

(2)

Two-family residence: 0.7;

(3)

Multiple-family residence: 1.5;

(4)

Permitted nonresidential use: 2.0;

(5)

For special uses: the floor area ration shall be specified in the special use permit, but shall not exceed 3.0.

When off-street parking is provided within the principal building containing three or more dwelling units the area within the structure devoted to such off-street parking shall not be counted in the maximum allowed floor area ratio.

(h)

Off-street parking and loading requirements. Off-street parking shall be provided as required in article III of this chapter.

(i)

Density. Density in the R-5 General Residence District shall not exceed 14 dwelling units per gross acre.

(j)

Dwelling standards. Not applicable in the R-5 General Residence District.

(k)

Conditions of use. Not applicable in the R-5 General Residence District.

(l)

Landscaping and buffering requirements. Not applicable in the R-5 General Residence District.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-6), 10-8-2001; Ord. No. 2005-07, § 7(2-2-6), 4-11-2005; Ord. No. 2005-20, § 2(2-2-6), 9-12-2005; Ord. No. 2021-03, § 6, 3-8-2021)

Sec. 98-38. - B-1 Local Retail Business District.

(a)

Purpose. The B-1 district is established to provide certain limited sales and service facilities which are of such character and intensity so as to be compatible with the surrounding or adjacent neighborhood located within or near residential neighborhoods.

(b)

Permitted uses. The following retail business and service uses are permitted, provided they are operated entirely within a building, except for off-street parking and loading facilities:

(1)

Antique shops.

(2)

Art and school supply stores.

(3)

Art galleries and studios.

(4)

Bakery shops, including the baking and processing of food products when prepared for retail sale on the premises, limited distribution and catering.

(5)

Banks and financial institutions, excluding drive-in teller windows.

(6)

Barber shops, beauty parlors, chiropody, massage therapy, or similar personal service shops.

(7)

Book and stationery stores.

(8)

Candy and ice cream shops.

(9)

Camera and photographic supply shops for retail sales.

(10)

Carpet, rug, and linoleum stores.

(11)

Child care centers and nursery schools.

(12)

China and glassware stores.

(13)

Coin and philatelic stores.

(14)

Currency exchanges.

(15)

Custom dressmaking, millinery, tailoring, or shoe repair shops, when conducted for retail sale on the premises only.

(16)

Department stores.

(17)

Detention/retention basins, public or private.

(18)

Drug stores.

(19)

Dry good stores.

(20)

Dry-cleaning and pressing establishments, when using non-flammable cleaning agents approved by the local fire district.

(21)

Electrical appliance stores and repairs, but not including appliance assembly or manufacturing.

(22)

Employment agencies.

(23)

Florist shops and conservatories for retail trade on the premises only.

(24)

Food, meat, and fruit stores.

(25)

Furniture stores and upholstery when conducted as a part of the retail operations and secondary to the main use.

(26)

Furriers, when conducted for retail trade on the premises only.

(27)

Gift shops.

(28)

Haberdasheries.

(29)

Hardware stores.

(30)

Hobby stores.

(31)

Household appliance stores and repair.

(32)

Interior decorating shops, including upholstery and making of draperies, slip covers, and other similar articles, when conducted as part of the retail operations and secondary to the main use.

(33)

Jewelry and watch repair shops.

(34)

Laundries, automatic, self-service types, or hand.

(35)

Leather goods and luggage shops.

(36)

Locksmiths.

(37)

Millinery shops.

(38)

Municipal government offices.

(39)

Musical instrument sales and repair, retail trade only.

(40)

Newsstands.

(41)

Offices, business and professional, including medical clinics.

(42)

Office supply, equipment, and furniture.

(43)

Off-street parking and loading facilities, as permitted or required in accordance with the provisions of article III of this chapter.

(44)

Optician, optometrist.

(45)

Orthopedic and medical appliance stores, but not including the assembly or manufacture of such articles.

(46)

Package liquor stores.

(47)

Pet shops, but not including animal hospitals.

(48)

Photography studios, including the development of film and pictures when done as part of the retail business on the premises.

(49)

Photo developing and processing.

(50)

Picture framing, when conducted for retail trade on the premises only.

(51)

Postal substations.

(52)

Public utility collection offices.

(53)

Restaurants, tearooms, and cafes, excluding drive-ins.

(54)

Sewing machine sales and service.

(55)

Shoe and hat stores, and repairing when done as part of the retail business.

(56)

Signs, as permitted and regulated by article VII of this chapter.

(57)

Sporting goods stores.

(58)

Taverns.

(59)

Telecommunication offices.

(60)

Telephone booths, public.

(61)

Tobacco shops.

(62)

Toy stores.

(63)

Travel bureau and transportation ticket offices.

(64)

Wearing apparel shops.

(65)

Accessory uses, including off-street parking and loading facilities as permitted or required in accordance with the provisions of article III of this chapter.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in subsection 98-256(d) as appropriate:

(1)

Other retail businesses not specifically listed above when found to have economic compatibility with established uses on adjoining property;

(2)

Automatic teller machines, drive-up;

(3)

Automobile service stations;

(4)

Bed and breakfast establishments;

(5)

Car washes;

(6)

Churches, rectories, and parish houses;

(7)

Clubs or lodges (non-profit), fraternal or religious institutions;

(8)

Community centers;

(9)

Hospitals and sanitariums;

(10)

Hotels and motels, including restaurants and meeting rooms;

(11)

Meeting halls, clubs, lodges, and similar uses;

(12)

Parks, when publicly owned and operated;

(13)

Planned developments, business, as defined herein;

(14)

Public utility and public service uses, including:

a.

Bus terminal or other public transportation terminal facilities;

b.

Electric substations;

c.

Fire stations;

d.

Police stations;

e.

Public art galleries and museums;

f.

Public libraries;

g.

Sewage treatment plant;

h.

Solar power generation;

i.

Telephone exchange, repeater stations, microwave relay tower and stations, antenna towers, and other outdoor equipment essential to the operation of the exchange in the interest of public convenience and necessity;

j.

Water filtration plants;

k.

Water pumping stations; and

l.

Water reservoirs.

(15)

Residential uses provided by this chapter, including R-1 through R-5 uses; and

(16)

Body art establishments.

(d)

Minimum lot requirements. Not applicable in the B-1 Local Retail Business District.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. On every zoning lot, a front yard of not less than 25 feet in depth, or the established setback, shall be provided.

(2)

Side yard. On every zoning lot, a side yard shall be provided along each side lot line of not less than five feet.

(3)

Rear yard. On every zoning lot, a rear yard shall be provided along the rear lot line of not less than five feet.

(4)

Transitional yards. Where a B-1 Local Retail Business District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

a.

When lots in a B-1 Local Retail Business District front on the street and at least 80 percent of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to the said lots in the business district.

b.

In a B-1 Local Retail Business District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

c.

In a B-1 Local Retail Business District, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

d.

In a B-1 Local Retail Business District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth.

e.

In a B-1 Local Retail Business District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district.

f.

Transitional yards shall be unobstructed from lowest level to sky except as allowed in section 98-141(f).

g.

In a B-1 Local Retail Business District, where residential uses are included, the yard requirements of the R-4 General Residence District shall apply to that portion of the building containing dwelling units.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the local retail business district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of four stories, nor shall it exceed 40 feet.

(g)

Maximum floor area ratio and lot coverage. The maximum floor area ratio and maximum lot coverage, including accessory buildings shall be permitted in accordance with the following table:

Floor Area Ratio Maximum Lot Coverage
1.0 90%
1.5 80%
2.0 70%
2.5 60%
3.0 50% or less

 

(h)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be provided as required in article III of this chapter.

(i)

Density. Not applicable in the B-1 Local Retail Business District.

(j)

Dwelling standards. Not applicable in the B-1 Local Retail Business District.

(k)

Conditions of use. All uses permitted in this district shall be retail trade/service or public use oriented establishments dealing directly with customers/consumers or providing a public benefit or service (with the exception of residential uses), and shall be subject to the following conditions:

(1)

There shall be no manufacture, processing, or treatment of products other than those which are clearly incidental and essential to the retail business conducted on the same premises.

(2)

Such uses, operations, or products shall not be objectionable due to odor, dust, smoke, noise, vibration, or other similar causes.

(3)

That any exterior sign displayed shall pertain only to a use conducted within the building.

(l)

Landscaping and buffering requirements. Where a commercial use abuts a residential use, the abutting property lines shall be effectively screened by a wall, fence, or densely planted compact hedge not less than five feet nor more than seven feet in height.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-7), 10-8-2001; Ord. No. 2005-20, § 2(2-2-7), 9-12-2005; Ord. No. 2019-13, § 1, 10-28-2019; Ord. No. 2021-03, § 7, 3-8-2021; Ord. No. 2021-12, § 1, 8-23-2021)

Sec. 98-39. - B-2 General Retail Business District.

(a)

Purpose. The B-2 district is established to provide business use in areas adjacent to arterial streets and some collector streets and is intended to accommodate retail and service needs of a larger consumer population than the more restricted B-1 district.

(b)

Permitted uses. The following retail and service uses are permitted, provided they are operated entirely within a building, except for off-street parking or loading facilities, and except for establishments of the drive-in type offering goods and services directly to consumers waiting in parked motor vehicles except as otherwise provided herein:

(1)

Any business use permitted in the B-1 Local Retail Business District.

(2)

Air conditioning and heating sales and service.

(3)

Ambulance service.

(4)

Amusement establishments, bowling alleys, pool halls, dance halls, skating rinks, roller rinks, video arcades, and other similar places of recreation.

(5)

Auction rooms.

(6)

Automobile accessory stores, where there is no driveway entrance across the sidewalk into the main building.

(7)

Automobile sales and service shops, not to include painting and repairing of automobile bodies or major automobile repair.

(8)

Bicycle sales and repair.

(9)

Blue printing and photostating establishments.

(10)

Boat showrooms, sales and service.

(11)

Catering establishments.

(12)

Churches, rectories, and parish houses.

(13)

Costume rental shops.

(14)

Cutting of glass and glazing establishments.

(15)

Electrical appliances, retail or wholesale.

(16)

Exterminating shops.

(17)

Frozen food stores and lockers.

(18)

Garages, public, for storage of private passenger automobiles and commercial vehicles under 1½ tons.

(19)

Laboratories (medical, dental, research, experimental, and testing), provided no production or manufacturing of products takes place and provided the performance standards are complied with.

(20)

Loan offices.

(21)

Mirror and glazing shops.

(22)

Monument sales, but not including the cutting or grinding of stones or other material on an open lot or within a building.

(23)

Off-street parking and loading facilities, as permitted or required in accordance with the provisions of article III of this chapter.

(24)

Pawn shops.

(25)

Physical culture and health services.

(26)

Plumbing showrooms or shops, retail or wholesale.

(27)

Printing and publishing of newspapers, periodicals, books, and including letter process work.

(28)

Radio and television broadcasting stations.

(29)

Schools, music, dance, business, commercial, or trade.

(30)

Second hand stores and rummage shops.

(31)

Signs, as permitted and regulated in article VII of this chapter.

(32)

Silver plating and repair shops.

(33)

Telephone exchange, and other outdoor requirements essential to the operation of the exchange in the interest of public convenience and necessity, and including business offices in conjunction therewith, and further including microwave relay towers on the roof of any telephone exchange building.

(34)

Theaters, indoor.

(35)

Undertaking establishments, funeral parlors, or mortuaries.

(36)

Accessory uses, including off-street parking and loading facilities as permitted or required in accordance with the provisions of article III of this chapter.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

Any use which may be allowed as a special use in the B-1 Local Retail Business District.

(2)

Funeral establishments without crematory.

(3)

Funeral establishments with crematory (if crematory is located not less than 200 feet from any existing dwelling).

(d)

Minimum lot requirements. Not applicable in the B-2 General Retail Business District.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. On every zoning lot, a front yard of not less than 25 feet in depth, or the established setback, shall be provided.

(2)

Side yard. On every zoning lot, a side yard shall be provided along each side lot line of not less than five feet.

(3)

Rear yard. On every zoning lot, a rear yard shall be provided along the rear lot line of not less than five feet.

(4)

Transitional yards. Where a B-2 General Retail Business District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

a.

When lots in a B-2 General Retail Business District front on the street and at least 80 percent of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to the said lots in the business district.

b.

In a B-2 General Retail Business District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

c.

In a B-2 General Retail Business District, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

d.

In a B-2 General Retail Business District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth.

e.

In a B-2 General Retail Business District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district.

f.

Transitional yards shall be unobstructed from lowest level to sky except as allowed in section 98-141(f).

g.

In a B-2 General Retail Business District, where residential uses are included, the yard requirements of the R-4 General Residence District shall apply to that portion of the building containing dwelling units.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the general retail business district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of four stories, nor shall it exceed 40 feet.

(g)

Maximum floor area ratio and lot coverage. The maximum floor area ratio and the maximum lot coverage, including accessory buildings, shall be permitted in accordance with the following:

Floor Area Ratio Maximum Lot Coverage
1.5 90%
2.0 80%
2.5 70%
3.0 60%
3.5 50% or less

 

(h)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be provided as required in article III of this chapter.

(i)

Density. Not applicable in the B-2 General Retail Business District.

(j)

Dwelling standards. Not applicable in the B-2 General Retail Business District.

(k)

Conditions of use. Not applicable in the B-2 General Retail Business District.

(l)

Landscaping and buffering requirements. Where a commercial use abuts a residential use, the abutting property lines shall be effectively screened by a wall, fence, or densely planted compact hedge not less than five feet nor more than seven feet in height.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-8), 10-8-2001; Ord. No. 2005-20, § 2(2-2-8), 9-12-2005; Ord. No. 2021-03, § 8, 3-8-2021)

Sec. 98-40. - B-3 Service, Automotive, and Wholesale Business District.

(a)

Purpose. The B-3 district is established to provide business use adjacent to arterial streets and designed to accommodate a wide range of retail and service needs for the city and surrounding areas.

(b)

Permitted uses. The following uses are permitted:

(1)

Any use permitted in the B-2 General Retail Business District.

(2)

Agricultural equipment sales and services, exterior storage, and display.

(3)

Amusement establishments, indoor or outdoor, including permanent carnivals, kiddy parks, golf driving ranges, pitch and putt, miniature golf courses, and other similar outdoor amusement.

(4)

Animal hospitals, kennels, or pounds.

(5)

Auto and truck sales, repairs and display, including painting and repairing of automobile and truck bodies or major automobile and truck repair.

(6)

Bakeries, including the sale of bakery products to restaurants, hotels, clubs, and other similar establishments when conducted as part of the retail business on the premises.

(7)

Banquet, convention, and exhibition halls.

(8)

Building materials sales yards and storage.

(9)

Bus terminals.

(10)

Car wash.

(11)

Cartage and express facilities, including buildings in which goods or products are brought by motor carrier for short term storage and delivery at points within a 150-mile radius of the city.

(12)

Dry cleaning establishments; subject to approval of the local fire district.

(13)

Greenhouses, wholesale.

(14)

Linen, towel, diaper and other similar supply service.

(15)

Live bait stores.

(16)

Mini warehouse/self-storage facility.

(17)

Model homes, and trailer sales and display.

(18)

Monument sales, including the cutting or grinding of stones or other material on an open lot or within a building.

(19)

Newspaper distribution agencies, for home delivery.

(20)

Parcel delivery stations.

(21)

Photo developing and processing.

(22)

Stadiums, auditoriums and arenas, open or enclosed.

(23)

Theaters, outdoor.

(24)

Trailer or automobile or other equipment rentals.

(25)

Wholesale establishments.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

Adult-use cannabis craft grower organization.

(2)

Adult-use cannabis cultivation organization.

(3)

Adult-use cannabis dispensing organization.

(4)

Adult-use cannabis infuser organization.

(5)

Adult-use cannabis processing organization.

(6)

Adult-use cannabis transporting organization.

(7)

Any use which may be allowed as a special use in the B-2 General Retail Business District.

(8)

Blacksmith and welding shops.

(9)

Ceramic shops.

(10)

Fairgrounds.

(11)

Grain elevators and storage.

(12)

Radio and television towers.

(13)

Woodworking/cabinet shops.

(d)

Minimum lot requirements. Not applicable in the B-3 Service, Automotive, and Wholesale Business District.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. On every zoning lot, a front yard of not less than 25 feet in depth, or the established setback, shall be provided.

(2)

Side yard. On every zoning lot, a side yard shall be provided along each side lot line of not less than five feet.

(3)

Rear yard. On every zoning lot, a rear yard shall be provided along the rear lot line of not less than five feet.

(4)

Transitional yards. Where a B-3 Service, Automotive, and Wholesale Business District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

a.

When lots in a B-3 Service, Automotive, and Wholesale Business District front on the street and at least 80 percent of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to the said lots in the business district.

b.

In a B-3 Service, Automotive, and Wholesale Business District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

c.

In a B-3 Service, Automotive, and Wholesale Business District, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

d.

In a B-3 Service, Automotive, and Wholesale Business District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth.

e.

In a B-3 Service, Automotive, and Wholesale Business District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district.

f.

Transitional yards shall be unobstructed from lowest level to sky except as allowed in section 98-141(f).

g.

In a B-3 Service, Automotive, and Wholesale Business District, where residential uses are included, the yard requirements of the R-4 General Residence District shall apply to that portion of the building containing dwelling units.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the service, automotive, and wholesale business district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of four stories, nor shall it exceed 40 feet.

(g)

Maximum floor area ratio and lot coverage. The maximum floor area ratio and the maximum lot coverage, including accessory buildings, shall be permitted in accordance with the following:

Floor Area Ratio Maximum Lot Coverage
1.5 90%
2.0 80%
2.5 70%
3.0 60%
3.5 50% or less

 

(h)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be provided as required in article III of this chapter.

(i)

Density. Not applicable in the B-3 Service, Automotive, and Wholesale Business District.

(j)

Dwelling standards. Not applicable in the B-3 Service, Automotive, and Wholesale Business District.

(k)

Conditions of use.

(1)

All retail uses and service establishments shall be conducted wholly within an enclosed building except for off-street parking and loading facilities and except as permitted herein on an open lot.

(2)

Outdoor display of items intended for direct sale to the public shall be permitted as an accessory use only. Outdoor storage of items not intended for direct sale to the public shall also be allowed as an accessory use as long as the storage area is completely screened from public view and located behind the front building line of the principal building, except that automobiles, recreational vehicles, boats, etc., that have been serviced, or are awaiting service, may be temporarily stored but in no case may any particular vehicle be stored more than 60 days in a calendar year or 30 consecutive days in front of the building line of the principal building.

(3)

No property shall be used, absent a used dealer's license from the Secretary of State of the State of Illinois, for the selling or dealing in (on consignment or otherwise) or permitting the exhibiting for sale by others, of four or more used vehicles of any make during a calendar year (except as to used vehicles, house trailers as authorized by law and rebuilt salvage vehicles sold by their rebuilders to persons licensed by the state).

(l)

Landscaping and buffering requirements. Where a commercial use abuts a residential use, the abutting property lines shall be effectively screened by a wall, fence, or densely planted compact hedge not less than five feet nor more than seven feet in height.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-9), 10-8-2001; Ord. No. 2003-28, § 2(2-2-10), 9-8-2003; Ord. No. 2005-20, § 2(2-2-9), 9-12-2005; Ord. No. 2020-06, § 5, 3-9-2020; Ord. No. 2021-03, § 9, 3-8-2021)

Sec. 98-41. - M-1 Limited Manufacturing District.

(a)

Purpose. The M-1 district is established to provide industrial uses intended to be conducted in a manner not detrimental to the rest of the community by reason of and with limitation on noise, vibration, smoke, dust, toxic or noxious material, odor, fire, explosive hazard, glare and heat.

(b)

Permitted uses. The following uses are permitted:

(1)

Production, processing, cleaning, testing, or repair, limited to the following uses and products:

a.

Advertising displays.

b.

Apparel and other products manufactured from textiles.

c.

Art needle work and hand weaving.

d.

Books, hand binding and tooling.

e.

Brushes and brooms.

f.

Cameras and other photographic equipment and supplies.

g.

Canvas and canvas products.

h.

Carpet and rug cleaning.

i.

Carting, express hauling or storage yards.

j.

Ceramic products, such as pottery and small glazed tile.

k.

Clothing.

l.

Cosmetics and toiletries.

m.

Dentures.

n.

Detention/retention basins, public or private.

o.

Drugs.

p.

Electronics.

q.

Fur goods, not including tanning and dyeing.

r.

Glass products, from previously manufactured glass.

s.

Hosiery.

t.

Ice, dry and natural.

u.

Jewelry.

v.

Laundries.

w.

Leather products, including shoes and machine belting.

x.

Luggage.

y.

Musical instruments.

z.

Offices or office buildings.

aa.

Orthopedic and medical appliances, such as artificial limbs, braces, supports, and stretchers.

bb.

Pharmaceutical products, compounding only.

cc.

Plastic products, but not including the processing of the raw materials.

dd.

Precision instruments, such as optical, medical, and drafting.

ee.

Repair of household or office machinery or equipment.

ff.

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

gg.

Signs.

hh.

Umbrellas.

ii.

Warehousing/distribution centers, local cartage and express facilities (but not including motor freight terminals).

jj.

Public and community service uses as follows:

1.

Bus terminals, bus garages, bus lots, street railway terminals.

2.

Electric substations.

3.

Fire stations.

4.

Parks and recreation areas.

5.

Police stations.

6.

Sewage treatment plants.

7.

Telephone exchanges.

8.

Water filtration plants.

9.

Water pumping stations.

10.

Water reservoirs.

kk.

Miscellaneous uses as follows:

1.

Accessory uses.

2.

Off-street parking and loading, as permitted or required in article III of this chapter.

3.

Radio and television towers.

4.

Self-storage facility.

5.

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

Adult-use cannabis craft grower organization.

(2)

Adult-use cannabis cultivation organization.

(3)

Adult-use cannabis dispensing organization.

(4)

Adult-use cannabis infuser organization.

(5)

Adult-use cannabis processing organization.

(6)

Adult-use cannabis transporting organization.

(7)

Animal pounds and shelters.

(8)

Automobile service stations where the retail sale of gasoline and oil for motor vehicles, including minor services customarily incidental thereto, may be conducted out-of-doors. Lubricating and washing facilities, including auto laundries, are permitted only if in a completely enclosed building.

(9)

Banks and financial institutions.

(10)

Battery and tire service stations.

(11)

Blacksmith and welding shops.

(12)

Car wash.

(13)

Ceramic shops.

(14)

Churches, rectories, and parish houses.

(15)

Contractor or construction shops, such as building, cement, electrical, refrigeration, air conditioning, masonry, painting, plumbing, roofing, heating, and ventilating.

(16)

Crematory, if located not less than 200 feet from any existing dwelling.

(17)

Currency exchanges.

(18)

Drug stores.

(19)

Fuel sales, with storage of fuel oils, gasoline, and other flammable products limited to 120,000 gallons per tank, with the total storage on a zoning lot not to exceed 500,000 gallons.

(20)

Garages and parking lots, other than accessory, and subject to the provisions of article III of this chapter.

(21)

Grain elevators and storage.

(22)

Greenhouses.

(23)

Hotels and motels.

(24)

Ice sales, linen, towel, diaper, and other similar supply services.

(25)

Lumber and building material yards.

(26)

Motor freight terminals.

(27)

Municipal or privately owned recreation buildings or community centers.

(28)

Planned development, industrial.

(29)

Recycling centers.

(30)

Restaurants.

(31)

Stadiums, auditoriums, and arenas.

(32)

Trade schools.

(33)

Woodworking/cabinet shops.

(34)

Solar power generation.

(d)

Minimum lot requirements. Not applicable in the M-1 Limited Manufacturing District.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. On every zoning lot a front yard of not less than 25 feet in depth shall be provided. However, where lots within the same block and comprising 40 percent of the frontage on the same street are already developed on May 1, 1990, with front yards with an average depth of less than 25 feet, then such average depth shall be the minimum required front yard depth for such frontage in said block.

(2)

Side yard. On very zoning lot a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent of the lot width, but need not exceed 20 feet in width.

(3)

Rear yard. On every zoning lot a rear yard shall be provided and maintained of not less than 20 feet in depth, except that the inner ten feet may be used for off-street parking.

(4)

Transitional yards. Where an M-1 Limited Manufacturing District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

a.

When lots in an M-1 Limited Manufacturing District front on the street and at least 80 percent of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to the said lots in the business district.

b.

In an M-1 Limited Manufacturing District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

c.

In an M-1 Limited Manufacturing District, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

d.

In an M-1 Limited Manufacturing District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth.

e.

In an M-1 Limited Manufacturing District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district.

f.

Transitional yards shall be unobstructed from lowest level to sky except as allowed in section 98-141(f).

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the limited manufacturing district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of five stories, nor shall it exceed 50 feet.

(g)

Maximum floor area ratio and lot coverage. The maximum floor area ratio shall not exceed 1.5.

(h)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be provided as required in article III of this chapter.

(i)

Density. Not applicable in the M-1 Limited Manufacturing District.

(j)

Dwelling standards. Not Applicable in the M-1 Limited Manufacturing District.

(k)

Conditions of use. All permitted uses are subject to the following conditions:

(1)

Any production, processing, cleaning, servicing, testing, repair or storage of goods, materials, or products shall conform with the performance standards set forth below.

(2)

All business, production, servicing, and processing shall take place within completely enclosed buildings unless otherwise specified. Within 150 feet of a residence district, all storage shall be in completely enclosed buildings or structures, and storage located elsewhere in this district may be open to the sky, but shall be enclosed by solid walls or fences (including solid doors and gates thereto) at least eight feet high, but in no case lower in height than the enclosed storage, and suitably landscaped.

(3)

However, open off-street loading facilities and open off-street parking of motor vehicles under 1½ tons' capacity may be unenclosed throughout the district, except for such screening of parking and loading facilities as may be required under the provisions of article III of this chapter.

(4)

Uses established on the effective date of the ordinance from which this chapter is derived and, by its provisions, are rendered nonconforming, and shall be permitted to continue, subject to the provisions of article IV of this chapter.

(l)

Landscaping and buffering requirements. Where an M-1 Limited Manufacturing District abuts a residential use, the abutting property lines shall be effectively screened by a wall, fence, or densely planted compact hedge not less than five feet nor more than seven feet in height.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-10), 10-8-2001; Ord. No. 2005-20, § 2(2-2-10), 9-12-2005; Ord. No. 2020-06, § 6, 3-9-2020; Ord. No. 2021-03, § 10, 3-8-2021; Ord. No. 2023-08, § 1, 4-17-2023)

Sec. 98-42. - M-2 General Manufacturing District.

(a)

Purpose. The M-2 district is established to be located in selected areas so that its uses, including noise, vibration, smoke, dust, toxic or noxious material, odor, explosive hazard, glare, heat, and other hazardous characteristics, are not detrimental to the rest of the community.

(b)

Permitted uses. The following uses are permitted:

(1)

Any use permitted in the M-1 Limited Manufacturing District.

(2)

Production, processing, cleaning, testing, or repair, limited to the following uses and products:

a.

Automobile painting, upholstering, repairing, reconditioning, and body and fender repairing, when done within the confines of a structure.

b.

Awnings, venetian blinds.

c.

Bakeries, wholesale.

d.

Beverages, non-alcoholic, bottling and distribution.

e.

Bottling works.

f.

Building equipment, building materials, lumber, coal, sand and gravel yards, and yards for contracting equipment of public agencies, or public utilities, or materials or equipment of similar nature.

g.

Canning and preserving.

h.

Cleaning and dyeing establishments.

i.

Contractor or construction shops, such as building, cement, concrete, electrical, refrigeration, air conditioning, masonry, painting, plumbing, roofing, heating, and ventilating.

j.

Creameries and dairies.

k.

Electric appliances such as lighting fixtures, irons, fans, toasters, and electric toys.

l.

Electric equipment assembly, such as home radio and television receivers and home movie equipment, but not including electrical machinery.

m.

Electrical supplies, manufacturing and assembly of, such as wire and cable assembly, switches, lamps, insulation, and dry cell batteries.

n.

Food products, processing, combining of baking, boiling, canning, cooking, dehydrating, freezing, frying, grinding, mixing, and pressing.

o.

House trailers, manufacturing.

p.

Ink mixing and packaging and inked ribbons.

q.

Insecticides.

r.

Laboratories, medical, dental, research, experimental, and testing, provided there is no danger from fire or explosion, nor offensive noise, vibration, smoke, dust, odors, heat, glare, or other objectionable influences.

s.

Livestock depots and buying and sales yards.

t.

Machine shops for tool, die, and pattern making.

u.

Meat products.

v.

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust proofing, and heat treatment.

w.

Metal stamping and extrusion of small products, such as custom jewelry, pins and needles, razor blades, bottle caps, buttons, and kitchen utensils.

x.

Paper products, small, such as envelopes and stationary, bags, boxes, tubes, and wallpaper printing.

y.

Perfumes and cosmetics.

z.

Printing and newspaper publishing, including engraving and photoengraving.

aa.

Public utility electric substations and distribution centers, gas regulation centers, and underground gas holder stations.

bb.

Silverware, plate and sterling.

cc.

Soap and detergents, packaging only.

dd.

Soldering and welding.

ee.

Sporting and athletic equipment, such as balls, baskets, cues, gloves, hats, rackets, and rods.

ff.

Statuary, mannequins, figurines, and religious and church art goods, excluding foundry operations.

gg.

Storage and sale of trailers, farm implements, and other similar equipment on an open lot.

hh.

Textiles, spinning, weaving, manufacturing, dyeing, printing, knit goods, yarn thread, and cordage, but not including textile bleaching.

ii.

Tobacco curing and manufacturing, and tobacco products.

jj.

Tool and die shops.

kk.

Tools and hardware, such as bolts, nuts and screws, doorknobs, drills, hand tools and cutlery, hinges, house hardware, locks, non-ferrous metal castings, and plumbing appliances.

ll.

Toys.

mm.

Truck, tractor, trailer, or bus storage yard, but not including a truck or motor freight terminal which shall be treated under subsection (c) of this section.

nn.

Upholstering (bulk), including mattress manufacturing, rebuilding and renovating.

oo.

Vehicles, children's, such as bicycles, scooters, wagons, and baby carriages.

pp.

Watches and clocks.

qq.

Wood products, such as furniture, boxes, crates, baskets, and pencils and cooperage works.

rr.

Any production, processing, cleaning, servicing, testing, or repair or storage of materials, goods, or products which conform to the performance standards established in this district.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

Adult-use cannabis craft grower organization.

(2)

Adult-use cannabis cultivation organization.

(3)

Adult-use cannabis dispensing organization.

(4)

Adult-use cannabis infuser organization.

(5)

Adult-use cannabis processing organization.

(6)

Adult-use cannabis transporting organization.

(7)

Any use which may be allowed as a special use in the M-1 Limited Manufacturing District.

(8)

Auto recycling yards, the performance standards for which follow:

a.

All state and federal regulations concerning the disposal of oil, hydraulic fluids, battery acids, and other chemicals routinely found in automobiles shall be complied with and specific details for the disposition of those chemicals shall be presented to the corporate authorities when the special use permit is requested.

b.

There shall be sufficient screening to block from the public view on any street within 500 feet of the automobile recycling yard the view of any junk or any other materials located within the automobile recycling yard. Said screening shall be maintained in an attractive condition at all times and shall be of sufficient height to block the view from the public streets of said junk and further to prevent the unauthorized access of children or other unauthorized individuals into said automobile recycling yard.

c.

There shall be no vehicles stacked one on top of the other so that the stack exceeds eight feet in height at any time.

d.

All weeds, grass, or other vegetation shall at all times be kept mowed and as otherwise required by the ordinances of the city.

e.

All federal and state regulations concerning the emission of light, smoke, and noise pollution pertaining to automobile recycling yards shall be considered to be included as performance standards hereunder and shall be met by the holder of any such special use permit.

(9)

Sanitary land fill.

(10)

Sexually oriented business, location.

a.

No person shall operate or cause to be operated a sexually oriented business within 1,000 feet of any of the following preexisting uses, including preexisting uses located outside the corporate limits of the city, and/or zoning districts:

1.

AG, R-1, R-2, R-3, R-4A, R-4B, R-4C, R-5, B-1, B-2, B-3, O-1, CBD-1, CBD-2, or M-1 district as defined by this chapter;

2.

Nursery school, preschool, or day care center;

3.

Park, playground, or forest preserve;

4.

Public or private elementary or secondary school; public or private elementary or secondary school bus stop locations, or guarded or unguarded school crossing locations;

5.

Residences or religious institutions;

6.

Sexually oriented business (any other); or

7.

Body art establishment.

b.

No person shall operate or cause to be operated a sexually oriented business, within any of the following preexisting uses and/or zoning districts:

1.

AG, R-1, R-2, R-3, R-4A, R-4B, R-4C, R-5, B-1, B-2, B-3, O-1, CBD-1, CBD-2, or M-1 district as defined by this chapter; or

2.

Any premises licensed to sell alcoholic liquor.

c.

For the purposes of subsection (c)(4)a.1 of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of the other specified use.

(11)

Body art establishment.

a.

Location of body art establishments.

1.

No person shall operate or cause to be operated a body art establishment within 1,000 feet of any of the following preexisting uses, including preexisting uses located outside the corporate limits of the city, and/or zoning districts:

(i)

AG, R-1, R-2, R-3, R-4A, R-4B, R-4C, R-5, B-1, B-2, B-3, O-1, CBD-1, CBD-2, or M-1 district as defined by this chapter;

(ii)

Nursery school, preschool, or day care center;

(iii)

Park, playground, or forest preserve;

(iv)

Public or private elementary or secondary school; public or private elementary or secondary school bus stop locations, or guarded or unguarded school crossing locations;

(v)

Residences or religious institutions;

(vi)

Sexually oriented business; or

(vii)

Body art establishment (any other).

2.

No person shall operate or cause to be operated a body art establishment, within any of the following preexisting uses and/or zoning districts:

(i)

AG, R-1, R-2, R-3, R-4A, R-4B, R-4C, R-5, B-1, B-2, B-3, O-1, CBD-1, CBD-2, or M-1 district as defined by this chapter; or

(ii)

Any premises licensed to sell alcoholic liquor.

3.

For the purposes of subsection (c)(5)a.1 of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a body art establishment is conducted, to the nearest property line of the other specified use.

b.

Amortization of existing body art establishments. Any body art establishment lawfully operating on May 1, 1990, and that is in violation of this subsection (c)(5) shall be deemed a nonconforming use. The nonconforming use shall be permitted to continue for a period not to exceed three years, unless sooner terminated for any reason, or voluntarily discontinued for a period of 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. If two or more body art establishments are within 1,000 feet of one another and otherwise in a permissible location, and the body art establishment which was first established and continually operating at a particular location and is conforming use, then the later-established businesses is nonconforming.

(d)

Minimum lot requirements. Not applicable in the M-2 General Manufacturing District.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. On every zoning lot a front yard of not less than 25 feet in depth shall be provided. However, where lots within the same block and comprising 40 percent of the frontage on the same street are already developed on May 1, 1990, with front yards with an average depth of less than 25 feet, then such average depth shall be the minimum required front yard depth for such frontage in said block.

(2)

Side yard. On every zoning lot a side yard shall be provided along each side lot line. Each side yard shall be not less in width than ten percent of the lot width, but need not exceed 20 feet in width.

(3)

Rear yard. On every zoning lot a rear yard shall be provided and maintained of not less than 20 feet in depth, except that the inner ten feet may be used for off-street parking.

(4)

Transitional yards. Where an M-2 General Manufacturing District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

a.

When lots in an M-2 General Manufacturing District front on the street and at least 80 percent of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to the said lots in the business district.

b.

In an M-2 General Manufacturing District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

c.

In an M-2 General Manufacturing District, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

d.

In an M-2 General Manufacturing District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth.

e.

In an M-2 General Manufacturing District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district.

f.

Transitional yards shall be unobstructed from lowest level to sky except as allowed in section 98-141(f).

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the general manufacturing district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of five stories, nor shall it exceed 50 feet.

(g)

Maximum floor area ratio and lot coverage. The maximum floor area ratio shall not exceed 3.0.

(h)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be provided as required in article III of this chapter.

(i)

Density. Not applicable in the M-2 General Manufacturing District.

(j)

Dwelling standards. Not Applicable in the M-2 General Manufacturing District.

(k)

Conditions of use. All permitted uses are subject to the following conditions:

(1)

All production, processing, cleaning, servicing, testing, repair, or storage of goods, materials, or products shall conform with the performance standards set forth in the performance standards.

(2)

Within 150 feet of a residence district, all business, production, servicing, processing, and storage shall take place or be within completely enclosed buildings, except that storage of materials may be open to the sky, provided the storage area is enclosed with a solid wall or fence at least eight feet high.

(3)

However, within such 150 feet of a residence district, off-street loading facilities and off-street parking of motor vehicles under 1½ tons' capacity may be unenclosed, except for such screening of parking and loading facilities as may be required under the provisions of article III of this chapter.

(l)

Landscaping and buffering requirements. Where an M-2 General Manufacturing District abuts a residential use, the abutting property lines shall be effectively screened by a wall, fence, or densely planted compact hedge not less than five feet nor more than seven feet in height.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2001-26, § 1(2-2-11), 10-8-2001; Ord. No. 2005-20, § 2(2-2-11), 9-12-2005; Ord. No. 2008-16, §§ 1—4, 6-9-2008; Ord. No. 2016-07, § 2, 6-27-2016; altered in 2017 recodification; Ord. No. 2019-14, § 1, 10-28-2019; Ord. No. 2020-06, § 7, 3-9-2020; Ord. No. 2021-03, § 11, 3-8-2021)

Sec. 98-43. - O-1 Professional Office District.

(a)

Purpose. The O-1 district is established in selected areas to provide professional service establishments or public uses.

(b)

Permitted uses. The following non-retail business and service uses are permitted for this district:

(1)

Professional offices limited to medical, dental, legal, engineer, architect, surveyor, optometrist, counseling, and accounting.

(2)

Pharmacy (as related and wholly contained within a related medical or dental clinic or facility with no drive-thru facility).

(3)

Physical rehabilitative offices and services.

(c)

Special uses. The following uses may be permitted in specific situations, in accordance with procedures outlined in section 98-256(d) as appropriate:

(1)

Hospitals.

(2)

Libraries.

(3)

Parks, when publicly owned and operated.

(4)

Plan development.

(d)

Minimum lot requirements. Not applicable in the O-1 Professional Office District.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. On every zoning lot, a front yard of not less than 25 feet in depth, or the established setback, shall be provided.

(2)

Side yard. On every zoning lot, a side yard shall be provided along each side lot line of not less than five feet.

(3)

Rear yard. On every zoning lot, a rear yard shall be provided along the rear lot line of not less than five feet.

(4)

Transitional yards. Where an O-1 Professional Office District adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

a.

When lots in an O-1 Professional Office District front on the street and at least 80 percent of the frontage directly across the street between two consecutive intersecting streets is in a residential district, the front yard regulations for the residential district shall apply to the said lots in the business district.

b.

In an O-1 Professional Office District, where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard shall be provided along such side lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residence district.

c.

In an O-1 Professional Office District, where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this chapter for a residential use on the adjacent property in the residential district.

d.

In an O-1 Professional Office District, where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a yard shall be provided along such rear lot line. Such yard shall be 20 feet in depth.

e.

In an O-1 Professional Office District, where the extension of a front or side lot line coincides with the front lot line of an adjacent lot located in a residential district, a yard equal in depth to the minimum front yard required by this chapter on such adjacent lot in the residential district shall be provided along such front or side lot line for a distance of at least 25 feet, including the width of any intervening alley, from such lot in the residential district.

f.

Transitional yards shall be unobstructed from lowest level to sky except as allowed in section 98-141(f) for which this district may qualify for a special use thereunder.

(5)

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the professional office district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Yard requirements. In an O-1 Professional Office District, where residential uses are permitted or applicable to the special use, the yard requirements of the residence district shall apply to that portion of the building containing a dwelling unit or dwelling units.

(g)

Maximum building height. No building shall be erected or enlarged to exceed a height of two stories, nor shall it exceed 30 feet.

(h)

Maximum floor area ratio and lot coverage. The maximum floor area ratio and maximum lot coverage, including accessory buildings shall be limited in accordance with the following table:

Floor Area Ratio Maximum Lot Coverage
1.0 90%
1.5 80%
2.0 70%
2.5 60%
3.0 50% or less

 

(i)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be provided as required in article III of this chapter.

(j)

Density. Not applicable in the O-1 Professional Office District.

(k)

Dwelling standards. Not applicable in the O-1 Professional Office District.

(l)

Conditions of use. All uses permitted in this district shall be service or public use oriented establishments dealing directly with customers/consumers or providing a public benefit or service (with the exception of residential uses), and shall be subject to the following conditions:

(1)

There shall be no manufacture, processing, or treatment of products other than those which are clearly incidental and essential to the service business conducted on the same premises.

(2)

Such uses, operations, or products shall not be objectionable due to odor, dust, smoke, noise, vibration, or other similar causes.

(3)

That any exterior sign displayed shall pertain only to a use conducted within the building.

(m)

Landscaping and buffering requirements. Where an O-1 Professional Office District abuts a residential use, the abutting property lines shall be effectively screened by a wall, fence, or densely planted compact hedge not less than five feet nor more than seven feet in height.

(n)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2002-02, § 1(2-2-14), 2-25-2002; Ord. No. 2021-03, § 12, 3-8-2021)

Sec. 98-44. - Planned Unit Development.

(a)

Purpose. To encourage the most orderly development of properties through advance planning, and thus ensure adequate standards for the development of residential neighborhoods; provide regulations to encourage a variety of dwelling types; ensure adequate open space; protect residential areas from undue traffic congestion; protect residential areas from the intrusion of business, industrial, and other land uses that may create an adverse effect upon the living environment; and thus promote the general welfare of the community.

(b)

Provisions. The basic provisions and requirements concerning planned unit development are as follows: The subdivision, development and use of land containing ten or more acres as an integral unit, combining more than one primary land use and which may provide for single-family residential, multiple-family residential, and education, business, commercial, industrial, recreational, park, and common use areas may be described as a planned unit development.

(1)

In its establishment and authorization as a special use, in addition to foregoing provisions, the following procedures, requirements, restrictions, standards, and conditions shall be observed.

(2)

The planned unit development may be excluded from the provisions of the subdivision regulations and of the zoning ordinances of the city to the extent specified in the final authorization of the planned unit development.

(c)

Procedure.

(1)

Pre-application conference. A pre-application conference shall be held with the plan commission. At such conference, the applicant shall provide information as to the location of the proposed planned development, the uses, and approximate area of use for each use category; a list of any and all exceptions to the subdivision regulations and this chapter, and any other information necessary to clearly explain the planned development to the plan commission.

(2)

The plan commission shall review and consider the proposed plan as to its compatibility with the comprehensive plan, and the goals and policies for planning of the city, and advise the applicant on the information, documents, exhibits, drawings, and any limitations on the proposal that should be included in the application to the city for special use permit for planned unit development.

(d)

Preliminary plan. The applicant shall request the special use permit, by letter addressed to the zoning officer, to be placed on the agenda of the meeting of the plan commission for a preliminary discussion of the proposed planned unit development, and the plan commission shall consider the proposed planned unit development at such meeting, which may be continued from time to time. The applicant shall present such exhibits and written information as may be necessary to fully acquaint the plan commission with the proposed development which shall include, but not necessarily be limited to, the following:

(1)

The map or maps which shall be included as part of the application shall be drawn at a scale of one inch equals 100 feet, or if the area of the site is more than 200 acres, one inch equals 200 feet. The following information shall be shown:

a.

Boundary survey. A boundary line survey of the subject site which shall be prepared and certified by a registered land surveyor.

b.

Topography. The existing topographic character of the land with contours shown at intervals no greater than five feet. Topographic data shall refer to the U.S.G.S. North American Datum, mean sea level elevation.

c.

Site analysis. A detailed site analysis of the property in question, which shall show the following information:

1.

Physical factors information.

(i)

Existing land uses both on the site and immediately adjacent to it.

(ii)

Scenic views.

(iii)

Wooded areas.

(iv)

Soil problem areas based upon a soils survey of the site to include a natural resource report from the soil and water conservation service. Additional soil information may be requested by the plan commission and/or the city engineer.

(v)

Portions of the site in any floodplain and/or floodplain fringe area.

(vi)

Streams, drainage ditches, culverts, and standing water.

(vii)

Isolated trees six inches or more in diameter at one foot above ground level able to be preserved.

(viii)

General directions of the stormwater run-off across the property.

2.

Public utilities information, which shall show the location and size of any existing sanitary sewers, storm sewers, and water lines both on the site and in easements and rights-of-way immediately adjacent to the site, gas, electric, and telephone.

3.

Other information consisting of, but not limited to:

(i)

Existing county and/or municipal zoning on all parts of the site.

(ii)

Municipal corporate boundaries across and adjacent to the subject site.

(iii)

School district boundaries across and adjacent to subject site.

(iv)

Utility easements across and adjacent to subject site.

d.

Land use plan. A proposed land use plan which shall be drawn upon a print of the topographic map for the site. The proposed land use plan shall contain the following information:

1.

Identification and description.

(i)

Name of the planned unit development.

(ii)

Location of the subject site by section, township, and range or by other approved legal description.

(iii)

Name and address of the site planner and/or engineer.

(iv)

Name and address of the owner and/or trust beneficiary or developer.

(v)

Scale, north point, and date.

2.

Design features information, which shall show:

(i)

Right-of-way alignments, widths, and names of all streets. Such street names shall not duplicate the name of any street heretofore used in the city or its environs unless such street is an extension of an already named street in which event that name shall be used.

(ii)

The location of all multiple-family or single-family attached buildings and structures.

(iii)

Off-street parking and service areas.

(iv)

All areas to be dedicated as common open space and all sites to be conveyed, dedicated, or preserved for parks, playgrounds, school sites, public buildings, and similar public and quasi-public uses.

(v)

The pedestrian circulation system, any parkway belt system, or bicycle circulation system.

(vi)

All other information necessary to clearly show the proposed elements of the planned unit development.

e.

Utility plan. A proposed utility plan which shall be drawn on a print of the proposed land use plan. The proposed utility plan shall show the approximate location and dimensions of all sanitary sewer, storm sewer, and water lines for all proposed land uses, drainage ditches, culverts, and water retention areas, as well as any utility easements.

(2)

The written statement which shall be included as part of the application for approval of the preliminary plan shall contain the following information:

a.

A statistical tabulation of the acreage amounts of all of the land uses proposed in the preliminary plan.

b.

The type and number of dwelling units for any proposed residential land uses.

c.

The stages in which the project will be built and the approximate dates when construction of each stage can be expected to begin and end.

(3)

Other information may be requested if the plan commission finds that the planned unit development may create special problems for traffic, parking, landscaping, and/or economic feasibility. Such information may include, but not be limited to, any of the following:

a.

An off-street parking and loading plan.

b.

A traffic study indicating the volume of traffic to be generated by the planned unit development or this phase of it, and proposing any special engineering design features and/or traffic regulation devices needed to ensure the proper safety of traffic circulation to, through, and around the planned unit development or this phase of it.

c.

Economic impact. A tax impact study detailing the impact which the planned unit development, or this phase of it, will have upon all taxing bodies. In addition, the expected number of students to be generated by any residential portion of it shall also be quantified.

d.

A landscaping planting plan, indicating the height, size, location, quantities, and variety of stock to be planted.

(4)

The procedure for approval of the preliminary plan shall be as follows:

a.

The zoning officer shall refer the preliminary plan to the city plan commission. The zoning officer shall instruct the appropriate city departments and consultants to collaborate with the plan commission in reviewing the preliminary plan for the planned unit development for its compliance with these regulations and other ordinances of the city. Such collaboration may include meetings at which the developer shall meet with city officials and consultants in order that the plan commission may have, prior to its public hearing the informal recommendations of its experts.

b.

The zoning officer shall notify the applicant as to the time and place of the public hearing at which the applicant shall present the applicant's preliminary plan. The zoning officer shall cause notice of such public hearing to be published in a manner approved by the plan commission for all special use permits and as required by statute.

c.

The plan commission and the city council may utilize the services of the professional city consultants in arriving at recommendations or decisions. The applicant shall pay the city the reasonable cost incurred for the services rendered by its consultants within 30 days after the submission of the bill from the city to the applicant. The consultants shall bill for their services at the same hourly rate which they normally charge municipal clients. The city consultants shall include, but not be limited to, the persons who provide the city with advice in the fields of engineering, law, planning, traffic, design, and finance.

(5)

The plan commission shall proceed as quickly as possible in its review of the preliminary plan. Within no more than 30 days after the final adjournment of the public hearing, the plan commission shall:

a.

Approve or disapprove the preliminary plan and shall submit its written recommendation, which may include the recommendations of the city engineer, city planner, and/or city attorney, to the city council, with a copy being sent to the applicant; or

b.

Advise the applicant in writing if the plan commission finds that changes, additions, or corrections are required in the preliminary plan. The applicant shall re-submit ten copies of the revised preliminary plan for consideration of the plan commission at a continuation of or a new public hearing. The applicant shall do so without paying an additional filing fee. The plan commission shall submit its recommendations in writing to the city council, which may also include the recommendations of the city engineer, city planner, and/or city attorney, with a copy also being sent to the applicant.

(6)

The city council shall accept or reject the preliminary plan within 45 days after its next regular meeting following the receipt of the written recommendations of the plan commission. The applicant and the city council may mutually agree to extend the 45-day period.

a.

If the preliminary plan is disapproved, the city council may state in writing the reasons for the disapproval, and such writing, if prepared, shall be filed with the city clerk, and a copy shall be sent to the applicant.

b.

If the preliminary plan is approved, the city council shall authorize the applicant to submit a final development plan for the planned unit development.

c.

Within one year following approval of the preliminary development plan, the applicant shall file with the plan commission a final development plan, completing in final form, all information required as noted in this section.

(e)

Final development plan.

(1)

Within one year following the approval of the preliminary development plan the applicant shall file with the plan commission a final development plan, containing in final form the information required in the preliminary plan. The final development plan shall also include the following:

a.

A final land use plan, suitable for recording with the county recorder of deeds. The purpose of the final development plan is to designate the land subdivided into lots, as well as the division of other lands subdivided into lots, as well as the division of other lands not so treated, into common open areas and building areas, and to designate and limit the specific internal uses of each building or structure, as well as of the land in general.

b.

An accurate legal description of the entire area under immediate development within the planned development.

c.

If subdivided lands are included in the planned development, a subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat, to the extent that compliance with the subdivision regulations of the city, shall be required.

d.

An accurate legal description of each separate unsubdivided use area, including common open space.

e.

Designation of the location of all buildings to be constructed, and a designation of the uses for which each building is designed.

f.

Certificates, seals, and signatures required for the dedication of land and recording the document.

g.

Tabulations of each separate unsubdivided use area, including land area and number of dwelling units per gross acre.

h.

Landscaping plan.

i.

Utilities and drainage plan.

j.

Final agreements, by-laws, provisions, or covenants which govern the use, maintenance, and continued protection of the planned development and any of its common open area or other common facilities.

k.

Final development and construction schedule.

l.

Final architectural plans.

m.

Final engineering drawings.

(2)

The final development plan shall be approved as follows:

a.

The plan commission shall review the final development plan within 45 days of the filing of the last required document, and shall recommend approval if it is in substantial compliance with the preliminary development plan. The plan commission shall certify to the city council that the final development plan is in conformity with the previously filed preliminary development plan.

b.

If the final plan is substantially changed from the approved preliminary plan, the plan commission shall recommend to the city council that a new public hearing be held in conformance with the procedures for approval of preliminary plan.

c.

The city council, after receipt of the recommendations of the plan commission, shall review the final development plan and shall, if it is in conformity with the preliminary development plan, authorize issuance of special use permits. If the final development plan is held not to be in conformity with the preliminary development plan, the city council shall inform the applicant with regard to the specific areas found to be not in compliance.

(f)

Changes and modification of the planned unit development after approval of the final plan.

(1)

New construction, modifications or alterations of buildings. After the approval of the final plan, the use of land and the construction, modification, or alteration of any buildings or structures within the planned unit development will be governed by the approved final plan, rather than by any other provision of this chapter.

(2)

Changes to approved final plans. No changes may be made in the approved final plan, except upon application to the appropriate agency according to the following procedures:

a.

During the construction of the planned unit development, the procedure shall be as follows:

1.

Minor changes in the location, siting, and height of buildings and structures, and in the location of streets and ways of public access, and in the size and location of open space, may be authorized by the plan commission as required by engineering or other circumstances not foreseen at the time that the final plat was approved.

2.

All changes in land uses, any re-arrangement of lots, blocks, and building tracts, any major changes in the provisions for common open space, and all other changes in the approved final plan must be made by the city council, under the procedures authorized by this chapter for the amendment to the district map.

3.

Any changes, which are approved for the final plat, must be recorded as amendments to the recorded copy of the final plat. If changes are allowed in a final site plan, a new site plan reflecting such changes shall be filed with the city.

b.

After the completion of the construction of the planned unit development, the procedure shall be as follows:

1.

Any minor extension, alterations, or modifications of existing buildings or structures may be authorized by the zoning board of appeals, if they are consistent with the purpose and intent of the final plat.

2.

Any building or structure that is totally or substantially destroyed may be reconstructed only in compliance with the final plat, unless an amendment to the final plat is approved following the procedures for the amendment of the district map.

3.

All other changes in the final plan must be made by the city council, under the procedure authorized by this chapter for the amendment of the district map. No changes may be made in the final plan unless they are required for the continued successful functioning of the planned unit development, or unless they are required by changes in conditions that have occurred since the final plan was approved or by changes in the development policy of the city.

(3)

Construction of improvements.

a.

The petitioner shall construct and install the required improvements, and must post with the city a sum in cash, or negotiable securities, a non-declining irrevocable letter of credit, or a surety bond running to the city, in a form approved by the city, and in an amount sufficient to cover the full cost, including engineering and inspection fees and costs, plus ten percent of such total, to ensure the satisfactory installation of such improvements; the amount of such deposit or bond shall be based upon the confirmed estimate of cost hereinabove provided. If a surety bond is submitted, it shall have good and sufficient surety thereupon, and shall not be accepted until approved by the mayor and the city council.

b.

If the planned unit development is to be constructed and developed in stages or phases, the deposit of cash or securities or the bond posted shall be in an amount based on the confirmed estimated cost of installation of improvements in the respective stage or phase as approved by the city engineer.

(4)

Street classifications. Street classifications, definitions, and specifications, shall be in accord with the regulations pertaining to same, as established in the subdivision regulations of the city, as may be amended from time to time.

(5)

Standards. No planned unit development shall be authorized unless the plan commission shall find and recommend, in addition to those standards established herein for special uses, that the following standards will be met:

a.

General.

1.

The uses permitted by such exceptions as may be requested or recommended are necessary or desirable and appropriate to the purpose of the development.

2.

The uses permitted in such development are not of such nature or so located as to exercise an undue detrimental influence or effect upon the surrounding neighborhood.

3.

That any industrial park areas established in the planned unit development conform to all requirements therefor as set forth elsewhere in this chapter.

4.

That all minimum requirements pertaining to commercial, residential, institutional, or other uses established in the planned unit development shall be subject to the requirements for each individual classification as established elsewhere in this chapter, except as may be specifically varied in the ordinance granting and establishing a planned unit development use.

5.

When private streets and common driveways are made a part of the planned unit development or private common open space or recreation facilities are provided, the applicant shall submit, as part of the application, the method and arrangement whereby these private facilities shall be operated and maintained. Such arrangements for operating and maintaining private facilities shall be subject to the approval of the city council.

b.

Residential.

1.

Residential density for a planned unit development shall not be greater than the recommended density, as shown on the general development plan (map) of the comprehensive plan for the city, nor shall any lot to be used for residential purposes be less in area or dimension than that required by the district regulations applicable to the district in which the planned unit development is located, except that the plan commission may recommend and the city council may grant a reduction in such lot area and dimension, but not more than 15 percent when the planned unit development provides common open space equal to, but not less than ten percent of the gross area of the planned unit development.

2.

Business uses may be included as part of a planned residential development when the plan commission finds that such business uses are beneficial to the overall planned unit development, and will not be injurious to adjacent or neighboring properties. Such business uses shall not be greater in area than ten percent of the planned unit development.

3.

The open areas provided in the part of the planned development containing only residential structures shall be preserved over the life of the planned unit development for use only by the residents of the planned development.

4.

For that part of a planned development devoted to residential uses, the plan commission may recommend and the city council may approve, access to a dwelling by a driveway or pedestrian walk easement, and spacing between buildings of lesser widths or depths than required by district regulations for the district in which the planned development is located, provided:

(i)

That adequate provisions are made which perpetuate during the period of the special use, access easements and off-street parking spaces for use by the residents of the dwellings being served;

(ii)

The spacing between the buildings shall be approved by the plan commission and shall be consistent with the application of recognized site planning principles for securing a unified development, and due consideration is given to the openness normally afforded by intervening streets and alleys;

(iii)

The yards for principal buildings along the periphery of the development shall be not less in width or depth than required for permitted uses in the district regulations applicable to the district in which the planned development is located; and the plan is developed to afford adequate protection to neighboring properties as recommended by the plan commission and approved by the city council.

c.

Cluster subdivision. In any single-family cluster subdivision, the plan commission may recommend and the city council may authorize the following exceptions to the regulations of the district in which the cluster subdivision is permitted as a special use:

1.

A reduction of the lot area is not more than five percent and in no case shall the lot area be less than 8,650 square feet.

2.

A reduction of the lot width to:

(i)

70 feet in the R-1 district.

(ii)

65 feet in the R-2 district.

3.

That in the part of the planned development containing only residential uses, the minimum lot area per dwelling unit may be not more than five percent less than that required for permitted uses in the district regulations applicable to the district in which the planned development is located. Reduction of such lot area shall be recommended by the plan commission and approved by the city council only where there is contained within the planned development permanent open area, the area and location of which shall meet with the approval of the commission, and that such open space shall not be less than that which would pertain if developed on individual lots. Such open areas shall be preserved over the life of the planned development, for use only by the residents of the planned development or dedicated to the city for school, park, playground, or other public uses.

4.

That in a planned development devoted to residential uses, the plan commission may recommend and the city council may approve, access to a dwelling by a driveway or pedestrian walk easement; however, off-street parking facilities for such dwellings shall be located not more than 200 feet from the dwelling served; yards of lesser widths or depths than required for permitted uses in the district regulations applicable to the district in which the planned development is located, provided:

(i)

That protective covenants are recorded which perpetuate access easements and off-street parking spaces for use by the residents of the dwellings served;

(ii)

That spacing between buildings shall be consistent with the application of recognized site planning principles for securing a unified development and due consideration is given to the openness normally afforded by intervening streets and alleys;

(iii)

Spacing between principal buildings within a part of a planned development shall be equivalent to such spacing as would be required between buildings by district regulations for the district in which it is located.

5.

That in a planned business development, the following additional requirements are hereby specified:

(i)

All buildings shall be set back not less than 30 feet from all streets bounding the site;

(ii)

Required off-street parking space shall be provided in the ratio of not less than ten parking spaces for every 1,000 square feet of gross floor area;

(iii)

All walks within the planned development shall be paved with a hard-surfaced material meeting the specifications of the city engineer.

(iv)

Any part of the planned development not used for buildings, loading and access ways, shall be attractively landscaped with grass, trees, shrubs or pedestrian walkways, according to a landscape plan, as approved by the plan commission;

(v)

The buildings in the planned development shall be planned and designed as a unified and single project.

(vi)

Variations of minimum requirements.

A.

Wherever the applicant proposes to provide and set out, by platting, deed, dedication, restriction, or covenant, any land or space separate from single-family or multi-family residential districts to be used for parks, playgrounds, commons, greenways, or open areas, the plan commission may consider and recommend to the city council, and the city council may vary the applicable minimum requirements of the subdivision regulations and this chapter, which may include, but not necessarily be limited to, the following:

a.

Rear yard;

b.

Side yard;

c.

Lot area;

d.

Bulk;

e.

Intensity of use;

f.

Street width;

g.

Sidewalks;

h.

Public utilities;

i.

Off-street parking.

B.

Business.

a.

Business uses shall be as prescribed by the plan commission.

b.

All business and storage of materials shall be conducted or stored within a completely enclosed building.

c.

Not more than 30 percent of the lot area shall be covered by buildings or structures.

d.

At least ten percent of the lot shall be provided for landscape and open space purposes.

e.

No building shall be more than 40 feet in height.

f.

No dwelling shall be permitted in a planned business development.

g.

Off-street parking shall be provided and maintained on the same lot based upon three square feet of parking space for each square foot of gross floor area unless the plan commission recommends and the city council requires additional off-street parking space.

h.

Service and loading and unloading facilities shall be provided as recommended and approved by the plan commission.

i.

No building shall be located nearer than 50 feet to any street line.

j.

Business developments shall be adequately screened by fencing or landscaping or both along the boundaries of adjacent residential, public open space, schools, churches, or other similar uses. The screen planting shall be prepared by a landscape architect and shall meet the approval of the plan commission.

k.

Outside lighting shall be so designed and placed so as not to be disturbing to adjacent residential areas.

l.

Signs shall comply with the regulations of this Code.

C.

Industrial.

a.

The standards for industrial areas in a planned unit development shall conform to the applicable standards in this chapter for industrial areas.

b.

At least 20 percent of the industrial land use areas shall be reserved for landscape and open space purposes.

(6)

Conditions and guarantees. Prior to granting any special uses, the plan commission may recommend, and the city council shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the special use as deemed necessary for the protection and requirements specified herein or as may be from time to time required. In all cases in which special uses are granted, the city council shall require such evidence and guarantee, if it may deem necessary, as proof that the conditions stipulated in connection therewith are being and will be complied with.

(7)

Effect of denial of a special use. After a public hearing, no application for a special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the city council.

(8)

Termination of special use permit. If work on the proposed development has not begun within 18 months from the date of the authorization order of the city council, the authorization shall become null and void and all rights thereunder shall lapse.

(Ord. No. 2001-26, § 1(2-2-13), 10-8-2001; Ord. No. 2005-20, § 2(2-2-13), 9-12-2005)

Sec. 98-45. - CBD-1 Central Business District 1.

(a)

Purpose. The CBD-1 Central Business District 1 is established to preserve the atmosphere of the historic downtown commercial area by providing relief of the setback and off-street parking requirements of other zoning districts. The intent of this district is to continue the historic nature of the existing downtown commercial area permitting the present configuration of its buildings into the future. The district is established to accommodate the retail and other business uses which are characteristic of the downtown business core of the city.

(b)

Permitted uses. The following retail and service uses are permitted in the CBD-1 Central Business District 1, provided they are operated entirely within a building, except for off-street parking and loading facilities, and except for establishments of the drive-in type offering goods and services directly to consumers waiting in parked motor vehicles except as otherwise provided herein: Any use permitted in the B-2 General Retail District.

(c)

Special uses. The following uses may be allowed by special use permit in the CBD-1 Central Business District 1, in accordance with procedures outlined in section 98-256(d): The special uses in the B-1 Local Retail Business District and the B-2 General Retail District.

(d)

Minimum lot requirements. No minimum lot area or minimum lot width is established for permitted and special uses in the CBD-1 Central Business District 1.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. No building setback is required from a front line or street line.

(2)

Side yard. No building setback is required from a front line or street line.

(3)

Rear yard. No building setback is required from a front line or street line.

(4)

Transitional yards. Where a CBD-1 Central Business District 1 adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

a.

Where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard equal in dimension to the minimum side yard required under this chapter for a residential use on the adjacent property in the residential district shall be provided.

b.

Where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard equal in dimension to the minimum side yard required under this chapter for a residential use on the adjacent property in the residential district shall be provided.

c.

Where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a rear yard shall be provided along the rear lot line of not less than 20 feet.

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the central business district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of four stories, nor shall it exceed 60 feet in height.

(g)

Maximum floor area ratio and lot coverage. No maximum floor area ratio or lot coverage requirement is established for permitted and special uses.

(h)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be provided as follows:

(1)

Nonresidential uses. For all permitted and special nonresidential uses, the required amount of off-street parking spaces shall be the number that existed on the zoning lot as of November 1, 2007. All nonresidential permitted and special uses established as of November 1, 2007 may be enlarged without providing additional off-street parking spaces. Except for the foregoing, there shall be no further requirements for nonresidential uses.

(2)

Residential uses. Notwithstanding the requirements of section 98-71(a), there shall be off-street parking (non-public) for dwelling units as follows: one parking space for each efficiency unit of less than 1,300 square feet; 1.5 parking spaces for each efficiency unit of 1,300 or more square feet; 1.5 parking spaces for each one bedroom unit; 1.8 parking spaces for each two bedroom unit; and two parking spaces for each unit with more than two bedrooms. The foregoing requirements may be modified if the city council provides for permit parking on city streets or other publicly maintained property and the number of permitted parking spaces together with the number of any provided off-street parking spaces equals or exceeds the foregoing requirements.

(i)

Density. No density requirement is established for permitted and special uses.

(j)

Dwelling standards. No dwelling standard requirement is established for permitted and special uses.

(k)

Conditions of use. All uses permitted in this district shall be subject to the following conditions:

(1)

There shall be no manufacturing of products.

(2)

All uses, operations, or products shall not be objectionable due to odor, dust, smoke, noise, vibration, or other similar causes.

(3)

That any exterior sign displayed shall pertain only to a use conducted within the building.

(4)

There shall be no basement, sub-grade, ground, street, or first floor level residential dwelling units.

(5)

The floor area of dwelling units altered, enlarged or created after November 1, 2007 shall require a minimum of 1,200 square feet total floor area per dwelling unit.

(l)

Landscaping and buffering requirements. Where an enlarged or created commercial use abuts a residential use, the abutting property lines shall be effectively screened by a wall, fence, or densely planted compact hedge not less than five feet nor more than seven feet in height.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2007-16, § 1(2-2-14), 12-26-2007)

Sec. 98-46. - CBD-2 Central Business District 2.

(a)

Purpose. The CBD-2 Central Business District 2 is established to create a transitional downtown commercial area to expand therein commercial uses and provide relief from off-street parking required while maintaining setbacks. The intent of this district is to recognize the need for expanded commercial uses in the area surrounding and contiguous to the historic downtown area. The district is established to accommodate the retail and other business uses which are characteristic of an expanding downtown business area from the core of the city.

(b)

Permitted uses. The following retail and service uses are permitted in the CBD-2 Central Business District 2, provided they are operated entirely within a building, except for off-street parking and loading facilities, and except for establishments of the drive-in type offering goods and services directly to consumers waiting in parked motor vehicles except as otherwise provided herein: Any use permitted in the B-2 General Retail District.

(c)

Special uses. The following uses may be allowed by special use permit in the CBD-2 Central Business District 2, in accordance with procedures outlined in section 98-256(d): The special uses in the B-1 Local Retail Business District and the B-2 General Retail District.

(d)

Minimum lot requirements. No minimum lot area or minimum lot width is established for permitted and special uses in the CBD-2 Central Business District 2.

(e)

Yard requirements. No building or structure shall hereafter be erected, structurally altered, or enlarged unless the following yards are provided and maintained in connection with such building, structure, or enlargement:

(1)

Front yard. On every zoning lot, a front yard of not less than 25 feet in depth shall be provided.

(2)

Side yard. On every zoning lot, a side yard shall be provided upon each side lot line of not less than 7½ feet.

(3)

Rear yard. On every zoning lot, a rear yard shall be provided along the rear lot line of not less than 20 feet.

(4)

Transitional yards. Where a CBD-2 Central Business District 2 adjoins a residential district, transitional yards shall be provided in accordance with the following regulations:

a.

Where a side lot line coincides with a side or rear lot line of property in an adjacent residential district, a yard equal in dimension to the minimum side yard required under this chapter for a residential use on the adjacent property in the residential district shall be provided.

b.

Where a rear lot line coincides with a side lot line of property in an adjacent residential district, a yard equal in dimension to the minimum side yard required under this chapter for a residential use on the adjacent property in the residential district shall be provided.

c.

Where a rear lot line coincides with a rear lot line of property in an adjacent residential district, a rear yard shall be provided along the rear lot line of not less than 20 feet.

Church Street. Notwithstanding any of the foregoing regulations of this subsection (e) or any other yard regulations found in this chapter, no building or structure in the central business district shall hereafter be erected, structurally altered, or enlarged unless there is provided and maintained in connection with such building, structure, or enlargement, a required yard setback from Church Street (U.S. Route 34) of not less than 35 feet in depth.

(f)

Maximum building height. No building shall be erected or enlarged to exceed a height of four stories, nor shall it exceed 60 feet in height.

(g)

Maximum floor area ratio and lot coverage. The maximum floor area ratio and the maximum lot coverage, including accessory buildings, shall be permitted in accordance with the following:

Floor Area Ratio Maximum Lot Coverage
1.5 90%
2.0 80%
2.5 70%
3.0 60%
3.5 50% or less

 

(h)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be provided as follows:

(1)

Nonresidential uses. For all permitted and special nonresidential uses, the required amount of off-street parking spaces shall be the number that existed on the zoning lot as of November 1, 2007. All nonresidential permitted and special uses established as of November 1, 2007 may be enlarged without providing additional off-street parking spaces. Except for the foregoing, there shall be no further requirements for nonresidential uses.

(2)

Residential uses. Notwithstanding the requirements of section 98-71(a), there shall be off-street parking (non-public) for dwelling units as follows: one parking space for each efficiency unit of less than 1,300 square feet; 1.5 parking spaces for each efficiency unit of 1,300 or more square feet; 1.5 parking spaces for each one bedroom unit; 1.8 parking spaces for each two bedroom unit; and two parking spaces for each unit with more than two bedrooms. The foregoing requirements may be modified if the city council provides for permit parking on city streets or other publicly maintained property and the number of permitted parking spaces together with the number of any provided off-street parking spaces equals or exceeds the foregoing requirements.

(i)

Density. No density requirement is established for permitted and special uses.

(j)

Dwelling standards. No dwelling standard requirement is established for permitted and special uses.

(k)

Conditions of use. All uses permitted in this district shall be subject to the following conditions:

(1)

There shall be no manufacturing of products.

(2)

All uses, operations, or products shall not be objectionable due to odor, dust, smoke, noise, vibration, or other similar causes.

(3)

That any exterior sign displayed shall pertain only to a use conducted within the building.

(4)

There shall be no basement, sub-grade, ground, street, or first floor level residential dwelling units together with a commercial use on the zoning lot.

(5)

The floor area of dwelling units altered, enlarged or created after November 1, 2007 shall require a minimum of 1,200 square feet total floor area per dwelling unit.

(l)

Landscaping and buffering requirements. Where an enlarged or created commercial use abuts a residential use, the abutting property lines shall be effectively screened by a wall, fence, or densely planted compact hedge not less than five feet nor more than seven feet in height.

(m)

Performance standards. Any use established shall be so operated as to comply with the current performance standards set forth by the Illinois Environmental Protection Agency.

(Ord. No. 2007-16, § 1(2-2-15), 12-26-2007)