This chapter shall be known as and may be referred to and cited as the "Zoning Ordinance of the City of Silvis, Illinois."

(Code 1976, § 29-1)

The various use districts which are created by this chapter and the various articles and sections of this chapter are adopted for the following purposes:

(1)

Carrying out the comprehensive plan for the city;

(2)

Promoting the public health, safety, morals, comfort, and general welfare;

(3)

Helping to achieve greater efficiency and economy of land development by promoting the grouping of those activities which have similar needs and are compatible;

(4)

Encouraging such distribution of population, classification of land use, and distribution of land development that will tend to facilitate adequate and economic provision of transportation, communication, water supply, drainage, sanitation, education, recreation, and other public requirements;

(5)

Lessening or avoiding congestion in the public streets and highways;

(6)

Protecting against fire, explosion, noxious fumes, and other hazards in the interest of the public health, safety, comfort, and general welfare;

(7)

Helping to ensure that all residential, commercial and manufacturing structures as well as other types of structures will be accessible to firefighting and other emergency equipment;

(8)

Prohibiting the formation or expansion of nonconforming uses of land, buildings, and structures which are adversely affecting the character and value of desirable development in each district;

(9)

Promoting the development of residential neighborhoods which are free of noise, dust, fumes and heavy traffic volumes and in which each dwelling unit is assured of light, air, and open spaces;

(10)

Helping to prevent land development activities which lead to roadside blight and to minimize the effects of nuisance-producing activities;

(11)

Promoting and guiding the continued growth and expansion of the city while protecting the natural, economic, and scenic resources of the city;

(12)

Conserving the taxable value of land and buildings throughout the city; and

(13)

Defining and limiting the powers and duties of the zoning officer and bodies as provided in this chapter.

(Code 1976, § 29-2)

This chapter classifies and regulates the use of land, buildings, and structures within the corporate limits. This chapter promotes the health, safety, convenience, and welfare of the inhabitants by dividing the city into zoning districts and regulating the use of the land and the use and size of buildings as to height and number of stories, the coverage of the land by buildings, the size of yards and open spaces, the location of buildings, and the density of population.

(Code 1976, § 29-3)

This chapter is adopted under the authority granted by 65 ILCS 5/11-13-1 et seq.

(Code 1976, § 29-4)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory building or use means a building or use on the same lot with and of a nature customarily incidental and subordinate to the principal building or use. This includes, but is not limited to, buildings such as detached garages and storage buildings, structures such as swimming pools and dish antennas, and uses such as storage of materials and equipment.

Adult bookstore: means an establishment for the sale, rental, or exchange of books, magazines, or video cassettes, distinguished or characterized by primary emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" as defined below including instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities. Adult bookstores do not include businesses which sell, rent, or exchange books, magazines, or video cassettes as a sideline or adjunct to sales or rental of books, magazines, or video cassettes not relating to "specific sexual activities" or "specific anatomical area."

Specific anatomical areas

(1)

Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

Specific sexual activities:

(1)

Human genitals in a state of sexual stimulation or arousal;

(2)

Acts of human masturbation, sexual intercourse or sodomy; and

(3)

Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

Adult mini-motion picture theaters means an enclosed building with a capacity for less than 50 persons, used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to "specific anatomical areas" or "specific sexual activities" for observation by patrons therein.

Adult modeling and entertainment facility means an establishment having its primary activity the presentation of live models displaying lingerie, or otherwise presenting live, artistic modeling, with said modeling displaying the human body in a nude or semi-nude state, distinguished or characterized by an emphasis on "specific anatomical areas" for observation by patrons therein.

Adult motion picture theaters means an enclosed building with capacity of 50 or more persons, used for presenting material distinguished or characterized by emphasis on matter depicting, describing or relating to "specific sexual activities" or "specific anatomical areas" for observation by patrons therein.

Adult-use cannabis business establishment means an adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Adult-use cannabis craft grower means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis cultivation center means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis dispensing organization means a facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis. cannabis-infused products. cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis infuser organization or infuser means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis processing organization or processor means a facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-use cannabis transporting organization or transporter means an organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Agricultural uses means any land or buildings involved in the normal production of farm products and animal husbandry where the income from such activity provides more than 50 percent of the owner's annual income.

Alley means a trafficway, dedicated to public use, which affords a secondary means of vehicular access to the back or side of properties otherwise abutting a street.

Automobile service station means one or more buildings on premises where gasoline, oil, grease, diesel fuel, batteries, tires, and automobile accessories may be supplied and dispensed at retail, and incidental repair and maintenance may be obtained. Uses permissible at a service station do not include major mechanical and bodywork; straightening of body parts; painting; welding; storage of automobiles not in operating condition; or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in a service repair garage or a body shop. All activities incidental to the sale of gasoline or oil shall be conducted within a building, and there shall be no storage or accumulation of equipment or motor vehicles, dissolved or otherwise, outside of the principal structure.

Boardinghouse or lodginghouse means a dwelling other than a hotel where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons, on a weekly or monthly basis.

Board of appeals means the city zoning board of appeals.

Building means any structure designed or built for the support, enclosure, shelter, or protection of people, animals, chattels, or property of any kind. Any structure with interior areas not normally accessible for human use shall not be considered as a building.

Carwash means a building, or portion thereof, containing facilities for washing more than two automobiles; using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial handwashing of such automobiles, whether by the operator or by a customer.

Commercial use means the use of land or buildings for the storage, display and retail sale of goods or services. Offices are also included as commercial uses.

Comprehensive plan means the city comprehensive plan.

Dwelling means any building or portion thereof which is designed for or used for residential purposes.

Dwelling, multiple-family, means a residential building containing three or more dwelling units, designed for occupancy by three or more families.

Dwelling, single-family, means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.

Dwelling, two-family, means a detached residential building containing two dwelling units, designed for occupancy by not more than two families.

Dwelling unit means a dwelling which consists of one or more rooms which are arranged, designed, or used as living quarters for one family only.

Family means one or more persons occupying a dwelling unit and maintaining a common household.

Fence means a structure performing a barrier at grade between lots, or between a lot and a street/alley.

Floor area ratio means the relation of the total floor area of a building to the total lot area expressed as a percentage. The resulting figure establishes the maximum size of building allowed on a lot.

Garage, private, means an accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one vehicle in a private garage may be a commercial vehicle exceeding two-ton capacity.

Home occupation means any occupation or activity incidental to residential use, carried on in the principal or accessory building in a residential district. There is no commodity sold on the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except of the type that is similar in character to that normally used for purely domestic or household purposes. Home occupation may include the use of premises by a physician, surgeon, dentist, lawyer, clergyman, barber, beautician, architect, or other professional person.

Impermeable surface means any surface that does not allow water to pass through, such as buildings, sidewalks, nonporous pavement, and compacted gravel.

Loading space means any space with adequate access and area that is used for the loading and unloading of materials. A loading space is ten feet wide, 40 feet long and 14 feet high to accommodate trucks.

Lot means a lot officially described or platted and recorded by the recorder of deeds of the county, unless the context of this chapter clearly indicates otherwise.

Lot area means the total horizontal area included within lot lines.

Lot depth means the depth of a lot, which shall be measured and considered as the minimum distance between the front and rear lot lines.

Lot frontage means that dimension of a lot abutting on a street, excluding the side dimension of a corner lot.

(1)

Lot line, front, for an interior lot, means the line separating such lot from the street right-of-way; for a corner lot or double frontage lot, the line separating such lot from the street designated as the front street.

(2)

Lot line, rear, means the lot boundary opposite and most distant from the front lot line. For a pointed or irregular lot, it shall be an imaginary line parallel to and farthest from the front lot line not less than ten feet long and wholly within the lot.

(3)

Lot line, side, means any lot boundary line not a front or rear lot line.

Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the recorder of deeds of the county; or a parcel of land, the deed of which was recorded in the office of the recorder of deeds of the county prior to the adoption of the ordinance from which this chapter is derived.

Lot width means the width of a lot, which shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot. Where side lot lines are not continuously parallel or at right angles to the abutting street, the lot width shall be determined by the zoning officer.

Manufacturing use means any use of land or a building for the production or storage of goods that are sold primarily from other facilities.

Nonconforming use means any building or land lawfully occupied by a use at the time of the adoption of the ordinance or amendment of the ordinance from which this chapter is derived, which does not conform after passage of such ordinance or amendment thereto with the use regulations of the district in which it is situated.

Office means a building or portion of a building used for the normal activities, such as filing, typing, research, and recordkeeping, that are associated with maintaining and conducting any business and including areas designed for customer waiting, examination, or consultation.

Off-street parking means any space with adequate access and space that is used and is located on the property. Parking spaces are nine feet by 20 feet and contain 180 square feet, minimum.

Planning department means the city planning department.

Residential use means the use of a building for the normal permanent occupancy of any number of individuals or families and that is owned or leased, but does not include buildings used for lodging or boarding on a temporary basis.

Sign means a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, institution, organization, or business. However, a sign shall not include any display of official court or public office notices nor shall it include the flag, emblem or insignia of a nation, political unit, school, or religious group.

Street is a general term used to describe a public right-of-way which provides a channel for vehicular and pedestrian movement, and may provide for vehicular and pedestrian access to properties adjacent to it, and which may also provide space for the location of utilities, both aboveground and belowground.

Townhouse means a building consisting of three or four dwelling units each with separate entrances and kitchen, bathroom, living, and sleeping areas.

Yard means a required open space at grade unoccupied and unobstructed by any structure or portion of a structure, other than projections of uncovered steps, uncovered balconies, or uncovered porches; provided, however, that fences, walls, poles, posts, accessory buildings and other customary yard accessories, ornaments, and furniture may be permitted in any yard subject to height and visibility requirements. In measuring a yard for the purpose of determining the width of a side yard, depth of a front yard or rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

Yard, front, means an open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as specified in this chapter.

Yard, rear, means an open space extending the full width of a lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as specified in this chapter.

Yard, side, means an open space extending from the front yard to the rear yard between a building and the side lot line, unoccupied and unobstructed from the ground upward, except as specified in this chapter.

Zoning officer means the person appointed to occupy the office created in this chapter, in which office is vested the chief administrative and enforcement duties as outlined in this chapter.

(Code 1976, § 29-5; Ord. No. 2002-25, 10-15-2002; Ord. No. 2005-14, § 1, 7-19-2005; Ord. No. 2019-43, § 2, 12-17-2019; Ord. No. 2024-15, § 2, 5-7-2024)

Cross reference— Definitions generally, § 1-2.

Except as provided in this chapter, no building, structure or land shall be used, erected, constructed, occupied, moved, altered, or repaired, except in conformity with the regulations specified for the district in which it is located.

(Code 1976, § 29-20)

(a)

Minimum street frontage. No lot shall be created after the adoption of the ordinance from which this chapter is derived unless it abuts at least 30 feet on a public street.

(b)

Construction on previously platted and recorded substandard lots. In any residence district, on a vacant lot of record at the time of enactment of the ordinance from which this chapter is derived, a single-family dwelling may be established regardless of the size of the lot, provided all other requirements of this chapter are complied with. However, where two or more vacant and contiguous substandard recorded lots are held in common ownership, they shall be combined into one zoning lot and shall thereafter be maintained in common ownership and shall be so joined and developed for the purpose of forming an effective and conforming zoning lot. For the purpose of this subsection, the razing of a building on a substandard lot shall constitute the formation of a vacant lot.

(c)

Number of buildings on lot. Except for planned residential developments, not more than one principal detached residential building shall be located on a zoning lot, nor shall a principal detached residential building be located on the same zoning lot with any other principal building.

(d)

Lots unserved by sewer or water. In any residential district where public sanitary sewer is not reasonably available, one single-family detached dwelling may be constructed, provided the lot area is a minimum of 20,000 square feet, and the lot width is a minimum of 100 feet.

(Code 1976, § 29-21)

(a)

Time of construction. No accessory building or structure shall be constructed on any lot prior to the time of construction of the principal building to which it is accessory.

(b)

Height and number of accessory buildings. No detached accessory building or structure shall exceed the height of the principal building or structure. Each lot is limited to one accessory building.

(c)

Location on lot. No accessory building shall be erected in any front yard. Accessory buildings shall be no closer than five feet from all lot lines of adjoining lots and at least five feet from alley lines.

(Code 1976, § 29-22)

No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this chapter, and if already less than the minimum required it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

(Code 1976, § 29-23)

The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families shall be permitted only within a district in which a new building for similar occupancy would be permitted under this chapter, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to further requirements as may be specified within the sections applying to the district.

(Code 1976, § 29-24)

In any zoning district on any corner lot, no fence, sign, structure, or planting shall be erected or maintained within 20 feet of the corner of the lot so as to interfere with traffic visibility across the corner.

(Code 1976, § 29-25)

Cross reference— Traffic and motor vehicles, ch. 90.

(a)

Maintenance of steep slopes. In any zoning district, any slope that is steeper than 12 percent from the horizontal shall be maintained in natural or planted vegetative cover, or terraced in a manner approved by the zoning officer.

(b)

Drainage of stormwater. In any zoning district, the volume and rate of discharge of stormwater runoff from any lot shall not exceed the volume and rate of discharge of water from the lot under natural vegetated conditions.

(c)

Outfall of drainage structures. In any zoning district, the outfall of drainage control structures shall be designed and constructed to prevent erosion of soil from the lot and downstream property and to prevent deposition of sediment on property located downstream from the outfall.

(d)

Changes and obstructions to watercourse channels. In any zoning district, any activity that changes or obstructs the natural or existing course of a water channel shall be signed and certified by a registered professional engineer so as to not reduce the conveyance capacity of the watercourse or create erosion, sedimentation, or flooding problems on property located either upstream or downstream from the activity.

(Code 1976, § 29-26)

All uses proposed in the C-2 general business, and M-1 manufacturing districts shall submit for approval, by the zoning officer and fire chief, a site plan which shall accurately display the information in this section. The site plan will be used to regulate the location of multiple buildings on the site and will also provide the fire chief with an accurate description of building construction and use in an emergency. The information required shall be as follows:

(1)

Property boundary, address, scale, north arrow, owner of the property, and name and nature of the business.

(2)

Accurate location, dimensions, height, construction, and use of all buildings.

(3)

Accurate location of all paved parking, interior roads, and storage areas.

(4)

Accurate location of all fire hydrants.

(Code 1976, § 29-27; Ord. No. 2024-15, § 3, 5-7-2024)

Trailers of all types, including travel, motor homes, camping and hauling mobile homes, shall not be parked or stored on any lot occupied by a dwelling or on any lot in any residential district except in accordance with the following:

(1)

Camping or travel trailer. No more than one camping or travel trailer or hauling trailer per family living on the premises shall be permitted. The trailer shall not exceed 24 feet in length or eight feet in width and shall not be parked or stored for more than two weeks unless it is located behind the front yard building line and ten feet from any dwelling. A camping or travel trailer shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits except in a mobile home park authorized under this Code.

(2)

Mobile home. A mobile home shall be parked or stored only in a mobile home park or mobile home sales area. A mobile home shall not be occupied either temporarily or permanently while it is parked or stored in any area within the incorporated limits except in a mobile home park authorized under this Code.

(3)

Accessory buildings. It shall be illegal to dismantle a vehicle or to use any portion of any vehicle, such as a semitrailer, truck bed, mobile home, bus, automobile, etc., as an accessory building on any property located in districts zoned R or C within the city.

(Code 1976, § 29-28)

Cross reference— Manufactured homes and trailers, ch. 54.

(a)

Regulated uses: The Supreme Court of the State of Illinois judicially confirmed that the purpose of these amendments as hereinafter stated serves a valid governmental interest.

In the development and execution of this section, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas, particularly adjacent and nearby residential and commercial areas where nurseries, schools, nursing homes, churches and similar uses are located. Proper and realistic zoning and special regulations of these uses are necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood, or discouraging normal development of undeveloped areas. These special regulations are itemized in this section. A primary control or regulation is for the purpose of preventing a concentration of these uses in any one area. To prevent concentration of such uses from having an adverse effect upon the adjacent and nearby residential and commercial areas above referred to, such uses are hereby established as permitted uses in all manufacturing areas as established by this section. To prevent such uses from having an adverse effect upon adjacent areas, no such use shall be established within 1,000 feet of the following zoning districts and land uses: Public or private schools; licensed day care centers, churches or religious centers, public parks or designated pedestrian/bicycle paths; any residence located in an M-1 district as a legal non-conforming use. Uses subject to these controls, hereafter referred to as adult regulated uses, are as follows:

Adult bookstore.

Adult motion picture theater.

Adult mini-motion picture theater.

Adult modeling and entertainment facility.

Such adult regulated uses as set forth above are hereby prohibited from all zoning districts within the city, except the M-1 manufacturing district.

(b)

Amortization of pre-existing regulated use: Any nonconforming building, structure, lot or regulated use which existed lawfully at the time of the adoption of these amendments pertaining to adult regulated uses which shall become nonconforming upon the adoption of these amendments to the zoning ordinance, may be continued as hereinafter provided.

(c)

Notice of nonconforming use: Upon written notice from the City of Silvis to the owners or interests therein, that any building, structure, lot or regulated use is nonconforming under the regulated use provisions of the zoning ordinance as amended, the owners or interests therein shall, within three months from the date of such notice, apply to the City of Silvis for a certificate of nonconformance and amortization schedule.

(d)

Failure to apply for a certificate of nonconformance: Failure to apply for a certificate of nonconformance and amortization schedule within three months of the notice provided for in subsection (c) will require the amortization of the nonconformance within six months of the notice provided for in subsection (c).

(e)

Amortization after obtaining certificate of nonconformance: Nonconformances that have obtained a certificate of nonconformance and amortization schedule from the City of Silvis shall be discontinued within one year of the notice provided for in subsection (c).

(f)

Uses presently prohibited: None of the provisions of the Silvis Zoning Ordinance as amended pertaining to adult uses shall be construed to permit any use or activities that presently are, or in the future may be, prohibited by law.

(g)

Prohibition of graphic materials: Any building or structure, within which an adult regulated use is lawfully operated, shall not use or display graphic sexual material, photos or drawings on the exterior of said business but shall designate said business to be an "adult business" and admission granted to adults only.

(h)

No person, firm, corporation or association holding a license under this section shall permit any patron to bring onto the licensed premises or possess any firearms or weapons on the premises, any alcohol or any beverage containing alcohol, or any cannabis or controlled substance, as defined in the Cannabis Control Act. 720 ILCS 550/1 et seq.

(Ord. No. 2002-25, 10-15-2002)

Cross reference— Massage establishments and massage services, § 23-26 et seq.