For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Abandoned. The discontinuance of a nonconforming use for a period of six continuous months or more. Cessation of use due to fire, explosion, or catastrophe does not constitute abandonment unless there are no building permits applied for to commence restoration within 12 months from the incident. Any period of discontinuance of a commercial or industrial use caused by strikes, material shortages, or other circumstances without fault of the owner shall not be considered in calculating the length of discontinuance.

Accessory building or accessory use. One, which is incidental and subordinate to and (except in the case of such accessory off-street parking facilities as is permitted to be located elsewhere), situated in the same zoning lot as the principal use. An "accessory use" includes a home occupation as defined herein.

Adult uses. See section 155.052.1.

Agricultural uses. Farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and necessary accessory uses secondary to the normal agricultural activities, but does not include the feeding of garbage or offal to swine or other animals.

Airport. Any area of land which is used or intended to be used for the landing and takeoff of all types of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including taxiways, aircraft storage and tie-down areas, hangars, and other related buildings and open spaces.

Alley. A right-of-way, which affords a secondary means of access to abutting property.

Antique vehicle (historic). A motor vehicle or a bonafide replica thereof, as defined in the Illinois Vehicle Code, which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration.

Apartment. A dwelling unit in a multifamily dwelling or apartment house.

Apartment hotel.

(1)

A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for permanent occupancy and may have kitchen units, and in which one or more of the following special services are provided:

a.

Maid service.

b.

Furnishing or laundering of linen.

c.

Telephone, secretarial or desk service.

d.

Bellboy service.

(2)

An "apartment hotel" may include a restaurant, beauty shop, barbershop, or drug store, provided that in resident districts such facilities shall be accessible only through the lobby and no signs shall be visible from the street, except as permitted by the applicable district regulations. An apartment hotel, which includes public banquet halls, ballrooms, or meeting rooms, shall be treated as a hotel for the purposes of this chapter.

Arbor. A shelter formed of or covered with vines or branches.

Assisted living facility. A residential facility, occupied by not more than eight residents, other than a nursing home or elderly housing for persons who are over 55 years of age, which are provided living and individual sleeping facilities. Meal preparation, laundry services, room cleaning, transportation, recreation and/or minimal medical services may also be provided exclusively for the use of residents of the facility.

Automobile repair, major. Major part replacement, major repair, or rebuilding or reconditioning of engines, motor vehicles or trailers; collision service, including body, frame, or fender straightening or repair; overall painting or paint shop, or vehicle steam cleaning.

Automobile repair, minor. General maintenance and tune-up of a vehicle, replacement of parts and motor services to passenger cars and trucks not exceeding two tons.

Automobile service station. See "Service station."

Bar. See "Tavern."

Basement. A story partly below grade, with at least one-half of its height (measured from floor to ceiling) above grade.

Block. A tract of land bounded by streets, parks, or railroad rights-of-way.

Boardinghouse. A lodging house at which meals are provided.

Building. Any structure which:

(1)

Is permanently affixed to the land; and

(2)

Has one or more floors and a roof.

Building, height of. See "Height."

Bulk. The term used to indicate the size, setbacks, and mutual relationships of buildings or other structures, and includes:

(1)

The size and height of buildings or other structures.

(2)

The gross floor area of building in relation to lot area (floor area ratio).

(3)

The amount of lot area provided per dwelling unit.

(4)

The location of buildings or other structures in relation to lot lines or other buildings.

(5)

All open areas relating to a building or other structure.

Business. Any occupation, employment, or enterprise wherein merchandise is exhibited or sold, or which occupies time, attention, labor, and materials or where services are offered for compensation.

Cafe. See "Restaurant."

Carport. A roofed accessory building or structure providing space for the parking of motor vehicles and containing no more than two enclosing walls, screens, lattice, or other material. When attached to a principal building, a carport shall be considered a part of the principal building and subject to all applicable bulk regulations for the district in which it is located.

Carry-out restaurant. An eating establishment where food or beverages are primarily packaged to be carried away from its place of sale and not consumed on the premises.

Cellar. A story with more than one-half of its height (measured from floor to ceiling) below grade.

Clinic, medical. A building containing the offices and associated facilities, including any accessory medical laboratory, of one or more practitioners and allied professional assistants for the purpose of carrying on their professions of providing medical, dental, psychiatric, osteopathic, chiropractic, physical therapy, or similar services for outpatients only.

Club, nonbusiness. A nonprofit organization of bona fide members, associated for a common purpose, paying annual dues, organized for social, educational, or recreational purposes.

Club or lodge, private. A nonprofit association, of persons who are bonafide dues paying members, which owns, hires, or leases a building or portion thereof, the use of those premises being restricted to club authorized nonprofit activities.

Cocktail lounge. See "Tavern."

Commercial day-care centers. Any care facility other than family day-care homes receiving children or disabled persons for care during all or part of a day. The term "commercial day-care center" includes facilities commonly called childcare centers, day nurseries, nursery schools, adult day care facilities and kindergartens.

Community facility. A facility which provides a service that is educational, spiritual, social, or recreational in nature, and which operates primarily for the benefit and welfare of the residents within the area it is intended to serve.

Community, welfare, or health center. A community service facility where social, recreational, welfare, health, or child care assistance is provided by a public, quasi-public, tax exempt, church, or governmental agency.

Condominiums. See "Dwelling, condominium."

Construction office, temporary. An office located in a temporary structure at a construction site where consulting, record keeping, clerical work or other business of a construction contractor is carried on during the term of construction. See "Temporary buildings."

Contractor's maintenance yard. An open yard or enclosed structure other than a junk or salvage yard, for storage of construction or contractor's supplies and operational equipment, whether or not located on the same zoning lot as the contractor's office.

Contractor's office. A contractor's business office, whether or not located on the same zoning lot as the contractor's yard or maintenance yard.

Country club. A social and recreational membership organization located in a rural or suburban setting, whose facilities are available for use only by its dues paying members and their guests. Such facilities may include, but are not limited to a golf course, swimming pool and tennis court.

Crematory. See "Funeral home."

Disability. A physical or mental impairment which substantially limits one or more of a person's major life activities, impairs their ability to live independently, or a record of having such an impairment, or being regarded as having such an [impairment].

Dog obedience school. An establishment where dogs are trained for compensation, but are not boarded overnight.

Downtown district. An area bounded by Carpenter Street on the north; Cook Street on the south; 11th Street on the east and 1st Street on the west.

Drive-in. A business establishment designed to accommodate patrons in their automobiles.

Drive-in restaurant. An eating establishment where food or beverages are dispensed and where such food or beverages are customarily consumed within automobiles or vehicles on the premises.

Drive-up window. A building or portion thereof which is designed to provide wholly or in part, service to customers in vehicles that are either parked or stacked in a service lane.

Duplex. A residential structure consisting of two dwelling units.

Dwelling, condominium. A form of ownership where fee title to individual dwellings is held independently of the others, but where the lot remains in common but singular ownership.

Dwelling, multifamily, or apartment house. A building or portion thereof, containing three or more dwelling units.

Dwelling unit. One or more rooms which are arranged, designed, or used as living quarters for a family, or for a community residence as a single house-keeping unit. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas.

Eating place (without drive-in services). See "Restaurant."

Enlargement. An increase in floor area of an existing building or increase in the area of land used for an existing open use. "To enlarge" is to create an enlargement.

Extension. An increase in the amount of floor area used for an existing use. "To extend" is to develop an extension.

Family.

(a)

Type (A) family: one or more persons related by blood, marriage, or adoption (including foster children placed by the state) living together as a single housekeeping unit in a dwelling unit.

(b)

Type (b) family: two unrelated persons and their children (including foster children placed by the state) living together as a single housekeeping unit in a dwelling unit.

(c)

Type (C) family: a group of not more than five unrelated persons living together as a single housekeeping unit in a dwelling unit.

"Family" is a type (A), (B), or (C) family as defined above occupying a single dwelling unit which is not a boarding or lodging house as defined in this section.

Family day-care home (disabled). Family homes which receive not more than eight disabled persons for care during the day.

Family day-care home (type 1). Family homes which receive more than three children but not more than eight children for care at any one time during the day time hours of 6:00 a.m. to 11:00 p.m. and not more than six children, only three of which may be nonresidents of the home at any one time during the night time hours of 11:00 p.m. to 6:00 a.m. For purposes of this definition the term children means all persons under the age of twelve present in the home including the home occupant's natural, foster or adopted children. See special provisions for family day-care homes (type 1 and 2), section 155.054.1.

Family day-care home (type 2). Family homes which receive more than three children but not more than eight children at any one time during the day time hours of 6:00 a.m. to 11:00 p.m. with a caregiver alone or not more than 12 children at any one time during the day time hours of 6:00 a.m. to 11:00 p.m. with a caregiver and a qualified assistant, and not more than six children, only three of which may be nonresidents of the home, at any one time during the night time hours of 11:00 p.m. to 6:00 am. For purposes of this definition, the term children means all persons under the age of 12 present in the home including the home occupants natural, foster or adopted children. See special provisions for family day-care homes (type 1 and 2), section 155.054.1.

Fence. An enclosure, barrier, or boundary made of posts, boards, wood, wire, stakes, brick, block, rails or similar construction.

Filling station. See "Service station."

Flood crest elevation. The maximum instantaneous elevation of the water surface during the period of a 100-year flood as established by the National Flood Insurance Program or the best available data.

Floodplain area. See chapter 150.

Floor area. The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. However, the floor area of a building does not include:

(1)

Cellar space.

(2)

Elevator shafts or stairwells, accessory water tanks, or cooling towers.

(3)

Uncovered steps.

(4)

Attic space, whether or not a floor actually has been laid, providing structural headroom of less than seven feet, six inches.

(5)

Terraces, breezeways, or open porches provided that not more than 50% of the perimeter of such terrace, breezeway, or open porch is enclosed.

(6)

Floor space used for accessory off-street loading spaces, up to 200% of the amount required by the applicable regulations.

(7)

Floor space used for permitted or required accessory off-street parking spaces located not more than 23 feet above grade.

Floor area ratio. The numerical value of a large-scale residential development obtained through dividing the gross floor area of all the buildings in the development by the total area of the development exclusive of streets.

Funeral home. A facility in which corpses are prepared for burial or cremation and kept until burial, and in which funeral services may be conducted and other functions common to the business of undertaking establishments such as cremation.

Garage, private commercial. An accessory building occupied by the motor vehicles of the business or businesses located on the same zoning lot.

Garage, private residential. An accessory building occupied by the passenger motor vehicles of the families or persons residing on the same zoning lot. This may include not more than one commercial vehicle of not more than two-ton capacity.

Garage, public. Any building, other than that herein defined as a private garage, used for storage or care of motor vehicles, or where the vehicles are equipped for operation, minor repairs are made, or kept for remuneration.

Garage sale. All general sales, open to the public, conducted in a residential zoning district, as defined by this zoning ordinance, for the purpose of disposing of personal property including, but not limited to, all sales entitled "garage," "lawn," "yard," "attic," "porch," "room," "backyard," "patio," "flea market," "rummage" sale or other similar sales.

Gas station. See "Service station."

Grade. The average elevation of the ground adjoining a building or structure on all sides. In case walls are parallel to and within five feet of a sidewalk, the ground level shall be measured at the sidewalk.

Group community residence. A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of six to 15 unrelated persons with disabilities, plus paid professional support staff provided by a sponsoring agency, either living with the residents on a 24-hour basis, or present whenever residents with disabilities are present at the dwelling and complies with the zoning regulations for the district in which the site is located.

Hazardous materials. Any material or substance in any form or quantity which might be harmful to life, property, or the environment as defined by the city fire department hazardous material team.

Height. With reference to a building, the vertical distance measured in feet from grade of the front street wall to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean-height of eaves and ridges for gable, hip, gambrel, or pent roofs.

Heliport. An area of land or a structure used for helicopter operations, with support facilities, which may or may not include refueling capabilities, maintenance, repair, or tie-down facilities.

Helistop, private. A certified helicopter landing area used on an infrequent basis for the landing or take-off of helicopters controlled by the owner or occupant of the premises or by guests or patrons of that owner or occupant, and which does not afford refueling, maintenance, repair, or other facilities.

Helistop, public. A certified helicopter landing area used on an infrequent basis for the landing or take-off of helicopters, which is open to use by any helicopter regardless of ownership or control and which does not afford refueling, maintenance, repair, or other facilities.

Historic district. A place or area designated as a historic district by ordinance of the city council according to procedures prescribed in Chapter 101, Historic Sites. With respect to the section 155.216 (standards of variation), properties in this district are deemed as being unique and their deterioration or destruction would adversely impact the historic character of the city.

Historic enterprise. A use or business which would not normally be permitted in the zoning district in which a landmark or historic district is located, but is allowed as a conditional permitted use under provisions of section 155.208.

Historic vehicle. See "Antique vehicle."

Home occupation. A use or activity which conforms to section 155.045 of this chapter, conducted entirely within a dwelling unit by persons, who reside therein.

Hotel. A building or part of a building, with a common entrance or entrances, in which dwelling units or rooming units without kitchen units are used primarily for transient occupancy, or in which other special services are provided in addition to those listed in the definition of "Apartment hotel." A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms, or meeting rooms.

Institution. A facility or establishment providing shelter, counseling, general or specialized care, or nursing care, dedicated to public service, education, and fraternal or philanthropic purposes. An institution includes uses such as nursing homes, sanitariums, and all types of facilities for children, the aged, mentally or physically disabled.

Junk yard (salvage yard, wrecking yard, auto graveyard). Any establishment, building, or area maintained, used, or operated, for the storing, keeping, dismantling, disassembling, buying or selling of: metal, paper, rags, tires, batteries, bottles, scrap iron, machinery, appliances, or other similar materials; or inoperable, wrecked, scrapped, ruined, or discarded automobiles, automobile parts, vehicles, or vehicle parts. Any premises on which there remains inoperable, partially dismantled, wrecked, or junk automobiles or vehicles as a permanent storage place shall be considered dead storage and for the purposes of this chapter shall be deemed an automobile grave yard or junk yard.

Landmark. Any property or improvement designated as a landmark by ordinance of the city council according to procedures in Chapter 101, Historic Sites. With respect to section 155.216 (standards of variation), such properties are deemed as being unique and their deterioration or destruction would adversely impact the historic character of the city.

Large-scale development. A residential, office, commercial, industrial, or mobile home development which contains more than one principal structure to be developed on more than one-half acre of land or any one development consisting of more than five acres, regardless of the number of structures.

Lodging house. A house where lodgings are provided and let.

Lodging room. A room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room, which provides sleeping accommodations, shall be counted as one lodging room.

Lot. A parcel of land, whether legally described or subdivided as one or more lots or parts of lots, located within a single block, and which is occupied by, or intended for occupancy by, one principal building or principal use together with any accessory buildings and such open spaces as required by this chapter and having its principal frontage on a street or other approved place and which meets the requirements of sections 155.055 through 155.072.

(1)

Corner lot. A lot situated at the intersection of two or more streets, the interior angle of such intersection not exceeding 135 degrees.

(2)

Front of lot. That part of an interior lot abutting the street or that part of a corner lot extending across the narrowest part of the lot abutting the street.

(3)

Interior lot. Any zoning lot neither a corner lot nor a through lot.

(4)

Reversed frontage lot. A corner lot, the side street side line of which is substantially a continuation of the front lot line of the first platted lot to the rear.

(5)

Through lot (double-frontage). Any zoning lot which is not a corner lot and which adjoins two street lines which are parallel or within 45 degrees of being parallel to each other.

Lot depth. The mean horizontal distance between the front lot line and rear lot line of a zoning lot.

Lot line. A boundary of a zoning lot.

(1)

Front lot line. A dividing line between the street and the contiguous lot which is most distant from and approximately parallel to (opposite) from the rear or assumed rear lot line.

a.

In the case of a curved front lot, the front lot line shall be assumed to be a line tangent to the physical front lot line at its midpoint and opposite from the rear or assumed rear lot line.

b.

In the case of an irregular shaped lot, where the physical front lot line does not meet the required lot width, a line not less than the required lot width which falls entirely within the lot and approximately parallel to the physical front lot line and opposite from the rear or assumed rear lot line shall be assumed to be the front lot line.

c.

In the case of a corner lot, the front lot line shall be the shorter of the property lines adjacent to an existing or dedicated street as platted, subdivided, or laid out.

d.

In the case of a through (double-frontage) lot, each street to which the city allows access shall be considered a front lot line.

(2)

Rear lot line. A lot line, which is most distant from and approximately parallel to (opposite) from the front, lot line.

a.

In the case of a curved lot, a line not less than ten feet in length and entirely within the lot, parallel and most distant from the front lot line, shall be assumed to be the rear lot line.

b.

In the case of an irregular, triangular, or gore shaped lot, a line not less than ten feet in length and entirely within the lot, parallel and most distant from the front lot line, shall be assumed to be the rear lot line.

(3)

Side lot line. Any lot line, which is neither, neither a front lot line nor a rear lot line. A side lot line separating a lot from another lot is an interior side lot line. A side lot line separating a lot from a street is a side street lot line.

Lot width. The width of a lot at the property line where the front lot line adjoins the public right-of-way, or at the rear line of the required front yard (building) line, whichever is greater.

Lot of record. A lot which is a part of a subdivision, the plat of which has been recorded in the office of the Recorder of Deeds of Sangamon County, or a parcel of land, the deed to which was recorded in the office of the Recorder of Deeds of Sangamon County.

Lounge. See "Tavern."

Medical cannabis dispensing organization. See § 155.490 for definition.

Medicinal cannabis cultivation center. See § 155.490 for definition.

Microbrewery. A facility within a completely enclosed building intended for the production of up to 25,000 barrels per year of malt beverages.

Mobile home. A dwelling designed or intended for permanent habitation, and designed with a fixed axle and wheels, whether wheels or axle are attached or not.

Modular home. A dwelling designed or intended for permanent habitation which is constructed at a factory or plant and then moved to the building site and which meets the minimum building standards as established by the city for modular homes.

Mortuary. See "Funeral home."

Motel. A building or part of a building, with a common entrance lobby; common entrance or entrances, or having doorways opening directly to the outdoors; in which lodging units or rooming units normally without kitchen facilities are used primarily for transient occupancy, or in which other special services are provided in addition to those listed in the definition of apartment hotel. A "motel" may have accessory facilities, including, but not limited to, a restaurant, cocktail lounge, gift shop, public banquet halls, ballrooms, meeting rooms, swimming pools, recreation facilities, holidomes.

Natural grade level. The mean level of the ground immediately adjoining the portion or portions of the wall or walls along total length of the building.

Noncomplying building or structure. Any lawful building or other structure, which does not conform to the applicable, bulk regulations for the district either on the effective date of this chapter or as a result of a subsequent amendment thereto.

Nonconforming use. Any lawful use of a building or other structure or a tract of land which does not conform to the applicable use regulations for the district, either on July 22, 1966, or as a result of a subsequent amendment thereto. However, no principal use shall be deemed nonconforming because of failure to provide required accessory off-street parking spaces or required accessory off-street loading spaces, nor because of the existence of accessory signs, business entrances, or show windows which are themselves nonconforming uses.

Obstruction. Any item, plant, tree, shrub, vehicle, building, structure, apparatus, mechanical equipment, vehicle, signs, fence or other construction placed above or on the ground within a required yard, setback or buffer area.

Off-street loading space. An on-the-property space for temporary parking of a commercial vehicle while loading or unloading, which abuts on a street, alley, or other appropriate means of access. Such space shall be not less than ten feet in width, 14 feet in height and 25 feet in length, exclusive of access aisles and maneuvering space, unless otherwise specified.

Off-street parking space, accessory. A parking space provided to serve a principal use with or without remuneration.

Off-street parking space, commercial. A parking space provided which is not intended to serve a principal use, or is intended to serve a general area or a variety of uses, and in which cars are parked subject to remuneration, whether the space is contained within a ramp or structure, or within a surface level parking lot.

Open porch. An unobstructed entrance to a building, which has no enclosing or confining walls, but which may be covered and have poles or posts as supports for the covering. See section 155.062.

Package liquor store. Any location where alcoholic beverages are sold in original packages at retail for consumption off the premises.

Park. Any publicly owned park, playground, beach, or parkway.

Parking. The temporary storage of operable motorized vehicles such as cars, trucks and motorcycles.

Payday loan(s). Loan(s) with a finance charge exceeding an annual percentage rate of 36% and with a term that does not exceed 120 days, including any transaction conducted via any medium whatsoever, including, but not limited to, paper, facsimile, Internet, or telephone, in which:

(1)

A lender accepts one or more checks dated on the date written and agrees to hold them for a period of days before deposit or presentment, or accepts one or more checks dated subsequent to the date written and agrees to hold them for deposit; or

(2)

A lender accepts one or more authorizations to debit a consumer's bank account; or

(3)

A lender accepts an interest in a consumer's wages, including, but not limited to, a wage assignment.

Payday loan business(es). Any person or entity, including any affiliate or subsidiary of a lender or licensee, that offers or makes a payday loan, buys a whole or partial interest in a payday loan, arranges a payday loan for a third party, or acts as an agent for a third party in making a payday loan, regardless of whether approval, acceptance, or ratification by the third party is necessary to create a legal obligation for the third party, and includes any other person or entity engaged in a transaction that is in substance a disguised payday loan. This definition also specifically includes any person, firm, association, corporation or partnership engaged in making any installment loan(s), other than those which have substantially equal monthly payments of principal and interest, which are fully amortized and which do not contain balloon or interest-only payments. This definition does not include: state or national banks, trust companies, savings & loan banks, the United States Postal Service, credit unions, or any person, firm, association, corporation or partnership engaged in the business of selling tangible personal property at retail who, in the course of such business and only as an incident thereto, receives checks, drafts, money orders or other evidences of money, or receives or issues a contractual agreement to receive money or evidence of money on an installment basis in exchange for tangible goods sold or rented on the premises, with or without using such tangible goods as collateral or as a possessible item upon default.

Planned experimental development (PED). A subdivision or development having a PED zoning district classification that allows the development of not less than five nor more than ten acres of land with variations of some of the restrictions of standard zoning and subdivision regulations.

Planned unit development (PUD). A subdivision or development having a zoning district classification that allows the development of ten or more acres of land with variations of some of the restrictions of standard zoning and subdivision regulations.

Predominant. Greater in importance, influence or authority.

Principal use. The predominant use of land or a structure designated by the owner as the primary or main use and to which any other use must be accessory.

Rehabilitation home. A building or group of buildings providing a supervised residence for persons recovering from the effects of drug or alcohol abuse, psychiatric disorders or as a condition of their parole or probation. Such homes may provide counseling in educational, vocational, or other areas by paid or volunteer staff and generally have 24-hour-a-day supervision.

Residence. A building or part of a building containing dwelling units or rooming units used primarily for permanent occupancy. For the purposes of this chapter, residences include all single-family or two-family houses, multiple dwellings, boarding or rooming houses, or apartment hotels. However, residences do not include transient accommodations, including accommodations in hotels, motels, or tourist cabins or trailer or mobile home parks, trailer, or mobile home; or in a mixed building, that part of the building used for any nonresidential uses, except accessory to residential uses.

(1)

Single-family residence. A building containing only one dwelling unit.

(2)

Residential. Pertaining to a residence.

Residential zoning lot. A lot located in a residence district or a lot with a residential structure upon it.

Restaurant (cafeteria, inn, cafe).

(1)

An establishment in which foods, refreshments, or beverages are offered for sale for consumption in the building in which the establishment is located, or at tables situated on the lot upon which the establishment is located. If any portion of the foods, refreshments, or beverages are sold for consumption in automobiles parked on the zoning lot upon which the establishment is located, the establishment shall be considered to be a drive-in restaurant.

(2)

The term "restaurant" shall not include churches, religious, fraternal, youth, or patriotic organizations, service clubs, and civic or union organizations, which occasionally prepare or serve or sell meals or lunches to transients or to the general public, nor shall it include any public or private school lunchroom.

Restaurant, with service of alcohol. A restaurant which may serve alcoholic beverages to customers, provided 80% of all customers are served meals, often more than one course; and, 70% of the gross revenue is for food service.

Right-of-way. A strip of land over which is built a public roadway with appurtenances necessary to allow the convenient and unobstructed passage of vehicular and pedestrian traffic.

Rooming unit. Any room used for single room occupancy. Also see "Lodging room."

Seasonal food service establishment. A food service establishment as defined in section 95.001 of this Code, that operates nine consecutive months per year or less, and where the owner of the real property upon which it will operate has provided written permission for its operation.

Service station. Any building, structure, land area or other premises, or portion thereof used for the sale at retail of motor vehicle fuels, oils, or for servicing (minor repairs) or lubricating motor vehicles, which activity may be accompanied by accessory uses and sales.

Sexual predator. A person who meets any of the criteria as set forth in 730 ILCS 150/2(E) and also is identified as such on the official sex offender registration information website maintained by the Illinois State Police.

Signs. See sign definitions in section 155.300.

Solar energy system. An assembly or structure, including passive designs, used for gathering, concentrating, absorbing, or storing radiant energy from the sun.

Special event. An activity of limited duration, not exceeding two consecutive weeks, including, but not limited to a music festival, dance festival, art festival, public dance, show, or other gathering at which music or entertainment may be provided.

Storage, accessory uses. Any structure used in conjunction with a retail store, such as storerooms, or stockrooms, for the storage of materials and merchandise clearly related and incidental to the business. Storage areas may be part of the building or separate building located on the same zoning lot.

Story. A portion of a building included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above. A basement as defined by this section shall be counted as one-half story.

Street. A public right-of-way at least 30 feet wide, with the exception of driveways to buildings or to accessory parking or loading facilities, which affords a primary means of access to abutting property.

Street line. The dividing line between a lot and a contiguous street.

Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. Structures may include, but are not limited to buildings, house trailers, semi-trailers, telecommunication, radio and television towers, walls, fences and outdoor advertising devices.

Tavern. A place where alcoholic beverages are sold for consumption on the premises.

Temporary building. Any building, trailer, or mobile home used as a temporary construction office or for storage of construction materials.

Tourist home, bed and breakfast inns. An owner occupied single-family detached residence in which no more than three bedrooms are rented to transient guests on an overnight basis and in which breakfast only is served to overnight guests.

Townhouse. A single-family attached dwelling consisting of two or more units with each dwelling designed and erected as a unit, separated from one another by a common wall, and capable of being subdivided into separate lots.

Trailer. Any vehicle which is capable of human habitation but not designed or intended for permanent habitation.

Trailer camp. A zoning lot occupied by or designed to accommodate more than one trailer.

Trailer park. A zoning lot occupied by or designed to accommodate more than one trailer.

Travel trailer. All vehicles and portable structures built on a chassis, designated as a temporary dwelling for travel, recreational, and vacation use, and containing less than 200 square feet or floor area.

Travel trailer park. Any plot of ground, on which two or more travel trailers, occupied for dwelling and sleeping purposes, are located, regardless of whether or not a charge is made for such accommodations.

Trellis. A frame of latticework, covered with vines and plants. For purposes of definition, a trellis may not be used to extend the height of a fence.

Use.

(1)

Any purpose for which buildings or other structures or land may be arranged, designed, intended, maintained, or occupied.

(2)

Any occupation, business, activity, or operation carried on, or intended to be carried on, in a building or other structure or on land.

Use category. Any one of the following three general divisions of uses:

Residential and office use category consisting of all uses allowed in the R-1, R-2, R-3, R-4 and Office zoning districts.

Commercial use category consisting of the S-1, S-2, S-3 and B-1 zoning districts.

Business and industrial use category consisting of uses allowed in the B-2, I-1 and I-2 zoning districts.

Use variance. A variation of the use regulations of this chapter, approved by the city council, allowing a specific use, on a zoning lot located within a zoning district in which the use is not normally permitted.

Yard.

(1)

Front yard. That area on a lot which fronts a street extending the full width of the lot and having a minimum horizontal depth measured from the street right-of-way equal to the depth of the minimum front yard as specified for the applicable zoning district. On a corner lot, the "front yard" shall be that area which fronts the shorter of the property lines adjacent to an existing or dedicated street as platted, subdivided, or laid out.

(2)

Rear yard. That area extending across the rear of the lot and having a minimum depth from the rear lot line as specified by the applicable district regulation, and is opposite from the front yard.

(3)

Side yard. For interior lots or for the interior lot line side of a corner lot, that area which extends from the required front yard to the required rear yard and having a minimum width as specified by the applicable district regulation. For the side street side of a corner lot, that area on a corner lot, along and adjacent to the side street lot line, and which extends from the required front yard to the required rear yard and having a minimum width as specified by the applicable district regulations.

Undertaking establishment. See "Funeral home."

Variance, minor. Those provisions where relaxation of the zoning ordinance does not represent a significant departure from the overall intent and purpose of the ordinance.

Vehicle. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway except devices moved by human power or used exclusively upon stationary rails or tracks.

Warehouse. A building used for the storage of goods for compensation or the storage of goods, which will be subsequently transported to another location for sale or consumption.

Watchman's quarters. Any building, trailer, or mobile home provided on site for the purpose of guarding a business or industry where the watchman's quarters are located.

Zoning lot. A lot that is to be used for a use permitted in the district in which it is located at the time of applying for a building permit. A "zoning lot" may or may not coincide with a lot record.

Zoning maps. The maps incorporated into this chapter as a part thereof in accordance with the provisions of section 155.005.

(Doc. No. 90-145, § 1(Exh. A), 12-18-90; Doc. No. 94-123, § 1(Exh. A), 12-20-94; Doc. No. 95-107, § 1(Exh. A), 10-17-95; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2003-049, § 1, 7-15-03; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2006-090, § 1, 12-19-06; Doc. No. 2008-092, § 1, 1-21-09; Doc. No. 2010-025, § 1(Exh. A), 5-18-10; Doc. No. 2010-036, § 1, 6-22-10; Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

This chapter shall be known and may be cited as the Zoning Code of the City of Springfield.

This chapter shall apply to the area within the corporate limits of the city as indicated on the zoning map referred to in section 155.005. To the extent the Land Use Plan For Lake Springfield and its Marginal Properties ("land use plan") adopts any of the variance procedures described herein, sections 155. 212, 155.213, 155.216, 155.217 and 155.218 shall apply to all property regulated by the land use plan.

(Doc. No. 2012-072, § 1(Exh. A), 9-18-12)

In order to carry out the purposes of this chapter, the following districts are established.

(a)

Residence and office districts:

(1)

R-1 Single-family residence district.

(2)

R-2 Single-family and duplex residence district.

(3)

R-3(a) General residence district.

(4)

R-3(b) General residence district.

(5)

OFF Office district.

(6)

R-4 Mobile home and trailer park residential district.

(7)

R-5(a,b,c) General residence and office districts.

(b)

Commercial districts:

(1)

S-1 Neighborhood commercial and office district.

(2)

S-2 Community shopping and office district.

(3)

S-3 Central shopping district.

(4)

B-1 Highway business service district.

(5)

B-2 General business service district.

(c)

Industrial districts:

(1)

I-1 Light industrial district.

(2)

I-2 Heavy industrial district.

(d)

Historic districts:

(1)

H-1 Historic zoning district.

(2)

H-2 Historic zoning district.

(3)

H-3 Historic zoning district.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

(a)

The location and boundaries of the districts established by this chapter are shown on the zoning map, which is adopted and incorporated as a part of this chapter. The zoning map and all amendments thereto, are as much a part of this chapter as if fully set forth and described herein. Such map shall be kept in the office of the zoning administrator.

(b)

Where uncertainty exists with respect to the boundaries of any district shown on the zoning map, the following rules will apply:

(1)

Where a boundary line of a district approximates the boundary line of a platted lot the district boundary line shall be construed to be the lot line;

(2)

Where a boundary line of a district approximates the line of a street, alley, or other public rights-of-way, the boundary line of the district shall be construed to be the right-of-way line of the street, alley, or other public rights-of-way;

(3)

Where a street, alley, or other public right-of-way is vacated, the zoning classification of adjacent properties shall directly extend to the centerline of the vacated street, alley, or other public right-of-way;

(4)

In any case where a single lot or parcel is divided into different or separate zoning districts, the general requirements of the district of largest size on said lot or parcel, shall govern the entire area. If said lot or parcel is equally divided between different districts, the general requirements for the less restrictive district shall govern the entire area.

(5)

A parcel occupied by a nonconforming use by virtue of this amendatory ordinance of August 19, 2001 may be reclassified by the zoning administrator, during the first six months following passage. The reclassification shall be to the most intense district in which the use is allowed. The intention of this unusual reclassification process is to eliminate delays in issuing building permits and certificates of occupancy, while converting to a the new non-pyramiding concept of use regulations.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Except as otherwise provided in sections 155.150 through 155.159 on nonconforming uses, no land or building or other structure may be used for any use not permitted in the district in which such land, building, or other structure is located. Any use made of any land or building shall conform to all the regulations set forth in the regulations for that district.

Subject to the provisions of sections 155.165 through 155.168 on noncomplying buildings, all buildings and other structures shall conform to all the applicable bulk, height, and area requirements set forth in sections 155.055 through 155.072 and to all other applicable regulations of this chapter.

Land which is annexed to the city shall be classified and placed in zoning districts in the following manner:

(a)

If the annexed territory was placed in a zoning district by virtue of the zoning map established as a part of this chapter, it will retain the same zoning classification established by said zoning map.

(b)

Any area not previously given a zoning classification by the zoning map established as a part of this chapter, which is annexed to the city shall automatically be classified R-1 single-family residence district.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Docket No. 2008-009, § 1, 2-19-08)

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity of that provision or application does not affect other provisions or applications of this chapter that can be given effect without the invalid application or provision.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Temporary buildings as defined in section 155.001 shall be permitted in any district, when approved pursuant to the codes and regulations under the jurisdiction of the manager of building and zoning or city engineer during the period that the construction work is in progress, but those temporary buildings shall be removed upon the completion of the construction work.

Only one watchman's quarters per business location shall be permitted. When these quarters are a detached structure it shall be subject to the requirements of an accessory building. A watchman's quarters may consist of an office, sleeping, kitchen, and bathroom facilities, and for the purposes of this chapter shall not be considered a dwelling unit.

Towing and temporary storage of motor vehicles shall be allowed: as a principal use, or as an incidental use to motor vehicle services and related businesses, in order to service or repair those vehicles, or where those vehicles are temporarily retained for service or repairs, or for return to the lawful owner, or other appropriate agency for further processing. This storage shall constitute temporary storage for the purpose of this chapter.

(a)

Home occupations are to be registered in the office of the zoning administrator on the forms provided by the zoning administrator.

(b)

Uses permitted as home occupations, provided they fit the definition thereof set forth in section 155.001; include but are not limited to:

One-chair beauty parlors and barber shops.

Tutoring, limited to no more than eight students per day without any use of electronically amplified sound.

Mail order operations.

Home crafts for off-site sale.

Telephone solicitation work.

Home and health care products for off-site sale.

Independent contractors, involving no storage of contractor's equipment.

Professional offices.

Authors.

Composers.

Cottage food operation (Home to Market Act, 410 ILCS 625/4 et seq.).

Other similar uses.

(c)

To avoid adversely impacting the residential character of the neighborhoods in which they are located, home occupations shall meet the following minimal operating standards:

(1)

Does not result in any alteration of the appearance of the dwelling unit;

(2)

Is clearly incidental and secondary to the primary use of the property for residential purposes;

(3)

Have no exterior storage of materials and no exterior indication of the home occupation except for a sign not exceeding two square feet in size, non-illuminated, and attached to the principal building;

(4)

Does not result in the production of any additional noise, vibration, light, odor, dust, fumes, smoke, traffic, or other conditions audibly or visually detectable outside the dwelling unit by the sense of normal human beings;

(5)

Does not involve the storage of goods or materials in excess of an area 25 square feet in size;

(6)

Does not involve retail sales of stocks, merchandise, supplies, or products except those incidental to the home occupation;

(7)

Is limited to an area of the residence not exceeding 200 square feet in size including storage.

(8)

The total number of customers being served at one time is limited to one at a time and no more than eight customers per day. The overlap of time when customers arrive or leave the premises is not considered a violation of the ordinance.

(9)

The hours of operation, for when clients or customers are present at the residence, is limited to 7:00 a.m. to 8:00 p.m.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2022-008, § 1(Exh. A), 2-15-22)

(a)

No person shall operate, conduct, manage or permit a garage sale at any one location more often than twice in a six-month period of time and said sale shall not be continued for a period of time of more than three consecutive days. No sale shall be conducted before 7:00 a.m. or after 6:00 p.m. "Person" shall mean and include individuals, partnerships, voluntary associations and corporations.

(b)

In addition to the remedies provided for in this chapter, any person in violation of this section shall be considered a "retailer" as that term is defined in chapter 100, section 100.00.02 of the City Code pertaining to taxation.

(Doc. No. 95-107, § 1(Exh. A), 10-17-95; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Vehicular entrances or exits for commercial parking garages, commercial parking lots, or automotive service stations shall not be located within 100 feet of any exit or entrance for a school (except trade schools for adults), any playground accessory thereto, or any public park of one acre or more.

(a)

Interior lots. Where the side lot line of any interior lot or through lot in any commercial or industrial district adjoins any zoning lot in any residence district, no primary business entrance, show window, or sign shall be located in the commercial district within 20 feet of the residence district.

(b)

Corner lots. Where frontage on a corner lot in any commercial or industrial district adjoins frontage on an interior lot in any residence district, no primary business entrance, show window, or sign shall be located within 25 feet of the residence district boundary. However, if such corner lot adjoins zoning lots in residence districts on both frontages, the requirements of this division shall apply only to one frontage of such corner lot, and the requirements of subsection (a) above, shall apply to the other frontage.

See section 155.480 for landscape, screening and lighting requirements.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

In the I-1 district and in the I-2 district within 300 feet of a residence district boundary, all commercial or manufacturing uses or related activities (except storage) shall take place within completely enclosed buildings except as otherwise specifically stated in the use regulations for the district and except for accessory off-street parking and loading.

See section 155.480 for landscape, screening and lighting requirements.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

A payday loan business(es) may be located within any district authorized by this chapter, provided that it is not located within 1500 feet of another payday loan business(es), measured from front door to front door.

(Doc. No. 2008-092, § 1, 1-21-09)

(a)

For purposes of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.

Inner city. The inner city area shall begin at the intersection of the centerline of North Ninth Street and Madison Street; and then proceed west along the centerline of Madison Street to the intersection of the centerline with North Second Street; and then proceed south along the centerline of Second Street to the intersection of the centerline of Second Street and Capitol Avenue; and then proceed east along the centerline of Capitol Avenue to the intersection of the centerline of Third Street; and then proceed south along the centerline to Third Street to the intersection of the centerline of Jackson Street; and then proceed east along the centerline of Jackson Street to the intersection of the centerline of Fifth Street; and then proceed south along the centerline of Fifth Street to the centerline of Cook Street; and then proceed east along the centerline of Cook Street to the center of the alley between Sixth and Seventh Streets; and then proceed north along the center of the alley to the centerline of Edwards Street; and then proceed east along the centerline of Edwards Street to the centerline of Seventh Street; and then proceed north along the centerline of Seventh Street to the centerline of Capitol Avenue; and then proceed east along the centerline of Capitol Avenue to the centerline of Ninth Street; and then proceed north along the centerline of Ninth Street to the beginning point.

(b)

In the inner city area a residence or residences shall be permitted uses and shall be allowed at the following rate: 500 square feet of lot area per dwelling unit. No additional lot area shall be required for mixed buildings as specified in section 155.057.

(Ord. No. 040-02-24, § 1(Exh. A), 2-20-24)

In commercial and industrial districts, open storage of materials or products is permitted within 300 feet of a residence district only if effectively screened by a solid wall or fence (including solid entrance and exit gates) eight feet in height. Open storage items shall not be stacked higher than any fence intended to screen them from view.

See section 155.480 for landscape, screening and lighting requirements.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Any drive-in business or business with drive-in facilities, which makes use of a public street or alley as an integral part of a motor vehicle traffic pattern for the circulation of motor vehicle traffic within its premises or between different parts of its premises or for the purpose of, while in a public street or alley, rendering service or selling a product to a motor vehicle, or operator of, or passenger in a motor vehicle and which, but for the provisions of this section, would be a permissible use within one or more districts, shall, as to each of such districts, be a conditional permitted use in such district. Use of the public streets or alleys only for ingress or egress to and from a place of business shall not be deemed to be a traffic pattern for circulation within the premises or between different parts thereof.

(a)

General. Whenever a large residential, office, commercial, or industrial development, or mobile home park is proposed in Springfield to be developed on more than one-half-acre of land in an R-1, R-2 R-3, R-4, R-5, OFF, S-1, S-2, S-3, B-1, B-2, I-1, or I-2 zoning district and whenever there is to be an internal circulation system of drives or parking lots and an internal water distribution system serving more than one building, the developer/builder must present his physical development plans and letters from servicing utility companies indicating availability and adequacy of utility service for the development to the city council for review and finding that the plans and utility services do meet city standards and are adequate for the scale of the proposed development.

(b)

Building permits. No building permits shall be issued for any structures or mobile homes to be located in an R-1, R-2, R-3, R-4, R-5, OFF, S-1, S-2, S-3, B-1, B-2, I-1, and I-2 zoning district that are subject to the review processes outlined above until the city council has found the plans meet the city standards and that utility services will be adequate and that drives, street improvements, grading, and drainage construction work either have been installed according to standards or a security for completion has been given to the city in the same amount and in the manner called for in the city's land subdivision regulations. Security for completion of private drives, streets, grading, drainage, and the like will not be required where residential developments containing less than 12 living units are to be built. However, facilities serving a public function must be built or security provided.

(c)

Yard requirements.

(1)

The following yard requirements shall be applied to the perimeter of the development.

a.

For all residential and office developments:

Front yard .....30 feet

Side yard .....20 feet

Rear yard .....20 feet

b.

For all commercial and industrial districts:

Front yard .....20 feet

Side yard .....15 feet

Rear yard .....15 feet

(2)

When an office, commercial, or industrial development abuts or adjoins a residential district on a side or rear yard, an additional ten feet shall be required for each yard that abuts or adjoins a residential district. The proposed office, commercial, or industrial development shall be screened on each side abutting or adjoining a residential district by a wall, opaque fence or densely planted compact hedge not less than five feet in height. All fences must comply with section 155.069.

(3)

For all developments, the front yard shall be that area fronting a public street, and which contains the main entrance to the principal building or development. Only one front yard shall be required for each development.

See chapter 153 for large scale subdivision requirements.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

Cross reference— Penalty, § 150.99.

(a)

Definitions.

Adult arcade. Any place, wherein coin operated or token operated electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image producing devices are maintained to show images to persons, and where images so displayed are distinguished or characterized by depicting or describing "specified sexual activities" or "specified anatomical areas".

Adult book store. An establishment having a substantial or significant portion of its stock in trade, books, magazines, films for sale or for viewing on premises by use of motion picture devices or by coin-operated means, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined below), or an establishment with a segment or sections devoted to the sale or display of such materials; or an establishment that holds itself out to the public as a purveyor of such materials based on its signage, advertising, displays, actual sales, presence of video preview or coin operated booths, exclusion of minors from the establishment's premises or any other factors showing the establishments primary purpose is to purvey such material.

Adult drive-in theater. A drive-in theater for presenting material distinguished or characterized by emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons.

Adult entertainment cabaret. A public or private establishment which (i) feature topless dancers, strippers, "go-go" dancers, male or female impersonators, lingerie or bathing suit fashion shows; (ii) not infrequently feature entertainers who display "specified anatomical areas"; or (iii) features entertainers who by reason of their appearance or conduct perform in a manner which is designed primarily to appeal to the prurient interest of the patron or features entertainers who engage in, or are engaged in explicit simulation of, "specified sexual activities" (as defined below).

Adult nightclub. An establishment which serves food or beverages and which presents any form of entertainment which has an emphasis on specified sexual activities or specified anatomical areas (as defined below).

Adult novelty store. An establishment having a substantial or significant portion of its sales or stock in trade consisting of toys, devices, clothing "novelties", lotions and other items distinguished or characterized by their emphasis on or use for "specialized sexual activities" (as defined below) or "specified anatomical areas" (as defined below) or an establishment that holds itself out to the public as a purveyor of such materials based upon its signage, advertising, displays, actual sales, exclusion of minors from the establishment's premises or any other factors showing the establishment's primary purpose is to purvey such material.

Adult theater. An enclosed building or area used for presenting films or other presentations distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas (as defined below) for observation by patrons.

Specified anatomical areas. Less than completely or opaquely covered: Human genitals, or pubic region, buttock, and female breast below a point immediately above the top of the areola; and human male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities. Human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse, or sodomy; fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(b)

(1)

Required zoning districts for adult uses in subsection (a).

(2)

The adult uses as defined above shall be permitted uses only in the following zoning classifications:

B-2 general business service district (conditional permitted use).

I-1 light industrial district (conditional permitted use).

I-2 heavy industrial district (permitted use).

(c)

Required distances for adult uses.

(1)

No adult use as defined in subsection (a) may be operated within 1,000 feet of a residential zoning lot, church, day care, cemetery, public housing, school, library, park, forest preserve or other public operated recreation facility.

(2)

No adult use as defined in subsection (a) may be operated within 1,000 feet of any other adult uses.

(3)

Distances provided for in this section shall be measured by following a straight line, without regard to intervening structures, from a point on the property or land use district boundary line from which proposed use is to be separated.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2003-067, § 1, 8-19-03)

Editor's note— Doc. No. 2018-055, § 1(Exh. A), adopted May 21, 2024, repealed § 155.053, which pertained to family care residence and group community residence, and derived from Doc. No. 90-145, § 1(Exh. A), adopted Dec. 8, 1990.

A heliport or helistop may be located within any district authorized by this chapter, provided:

(a)

Documentation is filed with the zoning administrator clearly showing that the proposed heliport or helistop has been certified or approved by the Federal Aviation Administration and the Illinois Department of Transportation Division of Aeronautics, or will be certified or approved by these agencies upon acknowledgment by the zoning administrator that the heliport or helistop will be in compliance with the city zoning code.

(b)

It is not located within any required yard.

(c)

It is not located within 250 feet of the zoning lot of any residence located within a residential district, measured at ground level. For a private helistop located within OFF district, any residences located on the same zoning lot as the helistop shall not be considered when determining the 250-foot requirement. For an elevated or rooftop heliport or helistop, the 250-foot requirement shall be reduced one foot in horizontal distance for each foot that the heliport or helistop is located above the ground.

(d)

Except in the S-3, central shopping district, at least two parking spaces for each pad, and one space for each three employees shall serve each heliport or helistop.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

The caregiver for each family day-care home (types 1 and 2) shall maintain a daily record showing the dates, time of the day, names and ages of all children for whom care was provided. If an assistant to the caregiver is employed, the record shall show the name, times of the day and dates on which the assistant was present. The record shall be made available for inspection by the office of the zoning administrator to verify compliance with these provisions.

(b)

The caregiver for each family day-care home (type 1 and 2) shall file, and maintain current, with the zoning administrator adequate proof of licensing, certification or other approval from the public agency charged with the regulation of the family day-care home and remain in good standing therewith.

(c)

Family day-care homes (type 1 and 2) shall fully comply with the definitions listed in section 155.01 of this chapter. In addition, family day-care homes (type 2) shall comply with the following:

(1)

An assistant to the caregiver shall be present at all times when there are more than eight children present in the home.

(2)

The maximum number of children that may receive care during the entire daytime period shall not exceed 18.

(3)

Only one assistant is permitted on the premises at any one time.

(d)

In order to ensure that family day-care homes (type 1 and 2) do not adversely affect residential environments through over concentration or improper operation, no facility shall be operated in a residence district unless it is located upon a zoning lot which is more than 300 feet from the property line of any other such facility fronting on the same street.

(e)

Family day-care homes (type 1 and 2) shall comply with all accessory off-street parking and loading requirements of section 155.095 of this chapter.

(f)

Any family day-care home in existence prior to the effective date of this amendment which does not conform to these regulations shall be deemed an authorized non-conforming use to the degree such nonconformity existed immediately prior to the adoption of this amendment, except that the maximum number of children that may receive care during the entire daytime period shall not exceed 18.

Any family day-care home obtaining non-conforming use status pursuant to this subsection may secure therefore a conditional permitted use pursuant to the standards and procedures of article VIII of this chapter. Unless and until such conditional permitted use is so secured, such use shall remain subject to article VI of this chapter dealing with non-conforming uses.

(Doc. No. 2003-049, § 3, 7-15-03)

In the residence districts as indicated, no residence is permitted on a zoning lot with a width less than that specified in the following table, except as otherwise provided in section 155.070 (special provisions for existing small lots).

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2011-011, § 1, 4-17-11)

(a)

In those districts as indicated, for all new development after July 22, 1966, the total area of the zoning lot shall be not less than that required in the following table for the total number of dwelling units provided on that zoning lot:

LOT AREA PER DWELLING UNIT

Minimum Required Lot Area per Dwelling Unit
(in square feet)

(b)

In the R-3, R-5, OFF, S-1, S-2, and S-3 Districts, except in the inner city as defined in section 155.049, 6,000 square feet is the minimum lot area allowed for multiple dwellings. The number of dwelling units allowed on a lot is determined at the rate specified in the above table.

(c)

For the purposes of this requirement, two rooming units are the equivalent of one dwelling unit. For all conversions or enlargements of buildings, which increase the number of dwelling units or rooming units, the requirements in the foregoing table shall apply to the resulting number of dwelling units or rooming units within such buildings.

(d)

The provisions of this section are subject to the additional requirements of section 155.057 (Additional lot area for mixed buildings) and to the exceptions provided in section 155.070 (Special provisions for existing small lots of record).

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

Except in the inner city defined in section 155.049, if a building is used in residence districts, partly for residences and partly for offices or community facility uses, or in commercial districts, partly for residences and partly for commercial, office, or community facility uses, then there shall be provided, over and above the lot area required by section 155.056(a), an additional amount of lot area, as set forth in the following table, for each 100 square feet of floor area used for office, commercial, or community facility uses:

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

(a)

Except as otherwise provided in section 155.059 (Maximum height for community facilities buildings), and in section 155.060 (Exceptions to height limitations), no building or other structure shall be erected to a height greater than the maximum building height for the applicable district as shown in the following table:

(b)

Upon petition, the city council may permit an increase in the maximum building height up to 50 feet in an R-3(b) district, or up to 150 feet in any OFF district if it finds, after a public hearing by the Springfield Planning and Zoning Commission and a review of site plans submitted by the petitioner, that the proposed location and design of the building will not have a detrimental effect on surrounding properties. The procedure for permitting any increase shall be the same as that provided in the articles conditional permitted uses and conditional permitted uses by the city council. Any request for a conditional permitted use for an increase in maximum building height in an R-3 (b), or any OFF district shall meet the conditions as provided for in section 155.187 of this chapter.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

(a)

In residence districts specified, the maximum building heights for community facilities buildings are as follows:

(b)

In districts not specified in this section, community facilities buildings are subject to the maximum building heights prescribed in section 155.058.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

The maximum height limits prescribed in sections 155.058 and 155.059 may be exceeded by:

(a)

Buildings accessory to agricultural uses, such as silos, barns, windmills, and structures to be used for storage of grain or other agricultural products.

(b)

Chimneys or flues.

(c)

Elevator shafts or stairwells or towers, roof water tanks, or cooling towers.

(d)

Flagpoles, noncommercial radio towers and antennas, or television antennas.

(e)

Spires or bell tower.

(f)

Parapet walls not more than four feet high.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Subject to any applicable exceptions, modifications, or additional requirements provided in sections 155.062 through 155.071, front, side, and rear yards are required as set forth in the following provisions and table:

(a)

The minimum yard space required for one building or other structures shall not again be considered as yard space for an adjoining structure on the same or an adjoining zoning lot.

(b)

No zoning lot, unless otherwise specified, shall be reduced in area so that the yards become less than those required by this subchapter.

(c)

On corner lots, where side yards are required, any side yard abutting a street shall be at least one-half the depth of the required front yard.

(d)

Front, side, and rear yard dimensions:

*See section 155.063 for lots adjoining residential districts.

**See section 155.064.

(e)

In the case of a curved front lot or an irregularly shaped lot, the depth of minimum front yard shall be the greater of that footage set forth in subsection (d) above or that footage which results from locating the required lot width entirely within the lot.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

The following shall not be considered obstructions when located within a required yard, provided that on a corner lot, no permitted obstruction is allowed within 20 feet of a zoning lot corner formed by the intersection of any two street lines or curb lines when present unless the obstruction is less than three feet in height above the ground, or more than ten feet in height above the ground. Any portion of such a permitted obstruction on a corner lot, which is between three feet and ten feet in height above the ground shall not be greater than 14 inches in diameter. All obstructions are subject to the approval of the traffic engineer.

(a)

In any yard.

(1)

Air conditioning unit.

(2)

Arbors or trellises.

(3)

Chimneys projecting not more than two feet.

(4)

Fences complying with section 155.069 of this article.

(5)

Flagpoles.

(6)

Open porches and decks (including railings not more than 48 inches in height).

(7)

Ornamental light standards not over six feet in height.

(8)

Outdoor coin telephones and booths (where permitted).

(9)

Signs in conformance with sections 155.300 through 155.341.

(10)

Steps.

(11)

Terraces.

(12)

Trees and shrubs.

(13)

Accent walls as an extension of a building, not exceeding three feet in height.

(b)

In any rear yard.

(1)

Accessory noncommercial greenhouses.

(2)

Accessory off-street parking space, open or enclosed.

(3)

Accessory sheds, tool rooms, or other similar buildings or structures for domestic or agricultural storage.

(4)

Children's play equipment.

(5)

Recreational or drying yard equipment.

(6)

Swimming pools, private.

(7)

Television antennas.

(8)

Windmills, noncommercial.

(c)

In any front yard.

(1)

Driveways leading to garages or accessory off-street parking spaces located beyond the required front yard.

(2)

Parking for single-family or duplex residence on a driveway leading directly to a garage or other approved accessory off-street parking spaces.

(3)

Basketball backboards, ten feet from the front property line.

(d)

In side yards.

(1)

Noncommercial radio towers and antennas.

(2)

Open accessory off-street parking spaces, excluding carports.

(3)

Television antennas.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

In any commercial or industrial district, where a side lot line coincides with a side lot line or rear lot in an adjacent residential district, a side yard shall be provided with at least the width set forth in the following table, and in any commercial or industrial district where a rear lot line coincides with a side lot line or rear lot line in an adjacent residential district, a rear yard shall be provided with at least the depth set forth in the following table:

(b)

No yard required by this section shall be used for storage or processing of any kind. No side yard required by this section shall be used for accessory off-street loading.

(c)

Yards adjoining residential districts and uses must be screened or buffered in accordance with the provisions of this chapter.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

A front yard with a depth of at least 20 feet is required in an S-1 or S-2 district where there is a residence or residences in a residential district in the same block fronting on the same street.

In all residence districts, two side yards shall be provided for each community facilities building. For a building of two stories or less, the total width of both side yards shall be at least 12 feet, and the width of each side yard shall be at least four feet. For a building of more than two stories, the total width of both side yards shall be at least 12 feet, plus two feet for each additional story over two, and the width of each side yard shall be at least six feet, plus one for each additional story over two.

In all commercial districts for a residential portion of a mixed building, a rear yard 15 feet in depth is required.

In all districts, for any through lot, each street to which the city allows access shall be considered a front lot line.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

(a)

General provisions. No garage, accessory building, or structure unless structurally part of the principal building, shall be erected, enlarged, altered, or moved to a location within six feet of the nearest wall of the principal building, nor within the front yard or within the minimum area specified for side yards. No principal building shall be erected, enlarged, expanded, altered, or moved to a location within six feet of the nearest wall of any existing garage, accessory building, or structure. Any garage, accessory building, or structure attached to or made part of, a principal building, or structure shall be considered a part of that principal building and subject to all applicable regulations established for the principal building.

(b)

In residential districts.

(1)

A detached garage, accessory building, or structure in a required rear yard shall not be less than three feet from any property line. On a corner lot, such garage, accessory building, or structure, shall be set back from the property line adjoining a side street the same distance as required for the principal building in the zoning district in which the garage, accessory building, or structure is located.

(2)

The maximum height allowed for any detached garage, accessory building, or structure in a residential zoning district is 18 feet. However, in no case shall any portion of a detached garage, accessory building, or structure be used as a dwelling unit or for any business or office use.

(c)

In commercial and industrial districts. In all commercial and industrial zoning districts, the maximum permitted height of a garage, accessory building, or structure is 35 feet. Any garage, accessory building, or structure shall be subject to the same setback requirements as the principal building in the applicable zoning district, provided that notwithstanding anything in this chapter to the contrary, the maximum rear yard or side yard setback on interior lot lines shall be six feet in commercial districts and ten feet in industrial districts.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Cross reference— Penalty, § 155.999.

(a)

Requirements in residential districts. No fence may be erected within the city and within a residential district, which does not comply with the following specifications:

(1)

Any fence erected in a required front yard shall be at least 50% open, and no fence erected in a required front yard may exceed four feet in height measured from ground level. A clearance of three inches shall be allowed for installation purposes and shall not count in determining the height of a fence. No privacy fence may be erected in the front of a residence on the same zoning lot. For through lots, that yard which is used as a rear yard, and which would normally be considered a rear yard for lots other than through lots, shall be considered a rear yard for purposes of erecting a fence.

(2)

Any fence less than 50% open, erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.

(3)

No fence may be erected which exceeds six feet in height above ground level.

(4)

No fence may be constructed with barbed wire, metal spikes, or any other sharp pointed materials. All chain link fences shall be installed with the knuckle portion of the fence up and with the barb portion of the fence at or near the ground. No fence may be electrified.

(b)

Requirements in commercial and industrial districts. No fence may be erected within the city and within a commercial or industrial district, which does not comply with the following specifications:

(1)

Any fence erected in a required front yard shall be at least 50% open.

(2)

Any fence less than 50% open, erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure.

(3)

No fence may exceed a height of eight feet above ground level. A clearance of three inches shall be allowed for installation purposes and shall not count in determining the height of a fence.

(4)

Fences located in the B-1, B-2, I-1 and I-2 districts may be constructed with barbed wire, metal spikes, or any other sharp pointed materials provided the sharp pointed materials are erected at least six feet above ground level, but not higher than eight feet above ground level.

(5)

All chain link fences shall be installed with the barbed portion of a fence at or near the ground unless it is installed at least six feet above ground level. No fence may be electrified.

(c)

Permits.

(1)

No fence which exceeds four feet in height may be erected within any residential, commercial, or industrial district unless a fence permit is obtained from the office of the zoning administrator at a cost based on the standard building permit fee. The individual or agency actually constructing the fence shall be responsible for obtaining the permit. No work shall start until the permit has been obtained. Any individual or agency starting work prior to applying for, and receiving said permit shall be subject to a fine based on the standard fines associated with building other structures without a permit. This fine may be in addition to, and not in lieu of, any additional fines or penalties that are provided for in this chapter.

(2)

A fence permit will become null and void after one year from the date of issuance if the fence authorized by said permit has not been completed.

(d)

Variances. Application for a variance of any of the above provisions shall be made in the same manner as provided in section 155.213 for applications for variances. The notice requirements of section 155.213 shall be applicable to hearings on applications under this section. Action by the Springfield Planning and Zoning Commission on fence variation applications shall be as provided in section 155.212.

(e)

Recreational purpose fences. Fences erected for purposes of providing fencing around sports or recreations facilities or areas as listed below, shall not be subject to the height restrictions specified elsewhere in this section, provided that such facility or area is not located within 20 feet of a zoning lot corner formed by the intersection of any two street lines; the fence is at least 75% open; and a fence permit is obtained. The maximum height of a fence is listed by each sports or recreational facility or area as follows:

(f)

Swimming pool fences. The provisions of this section shall not apply to swimming pool fences regulated by section 170.11.15 of this Code.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

In all residence districts, notwithstanding the provisions of section 155.056 (minimum required lot area per dwelling unit), and section 155.055 (minimum lot width for residences), a single-family detached residence may be built on any zoning lot which existed as a lot of record on July 22, 1966 provided such zoning lot has a lot width of at least 40 feet.

In residence districts the required width of side yard for a single-family or two-family residence may be reduced by four inches for each foot by which the width of a zoning lot is less than that required under the provisions of section 155.056 (Minimum lot width for residences) if such zoning lot consists entirely of a tract of land which has less than the specified minimum lot width but has a lot width of at least 40 feet. However, in no event shall any such side yard be less than three feet.

(a)

Lot area. Minimum lot area per mobile home park is five acres, and the minimum number of square feet of area within the lot for the accommodation of each mobile home is 3,000 square feet.

(b)

Spacing. Mobile homes shall be so located on each space that there shall be at least a 20-foot clearance between mobile homes, provided, that with respect to mobile homes parked end to end, the end to end clearance may not be less than 20 feet. No mobile home shall be located closer than ten feet to any building within the park or to any property line of the park which does not abut on a public street or highway.

(c)

Separation. Where a mobile home and trailer park residential district abuts another residential district and there is no street, alley, railway, natural ditch, creek, or river separating the mobile home and trailer park district from the adjacent district, a 20-foot yard shall be provided along those district abutments.

(d)

Open space. All mobile home and trailer parks shall provide an overall site area of 1,000 square feet per mobile home for access roads, utility structure parking space, and other community facilities. This space is to be in addition to the minimum 3,000 square feet of lot area mentioned in subsection (a) above. In addition, 8% of the gross area of the park shall be set aside for recreational use.

(e)

Setback. Mobile homes shall be set back at least 25 feet from public streets or alleys.

(f)

Open area for access. All mobile homes in a mobile home park that do not have direct access to and from a public street shall be served by a driveway with a pavement of sufficient width and load bearing capacity to accommodate the average vehicle and fire trucks of 30,000 pounds, so that a fire truck may approach a mobile home and not be impeded by vehicles parked on the driveway and so that the fire truck can be easily turned around if the driveway dead ends.

(g)

Screening. A mobile home and trailer park district mobile home park shall be screened from a public street along the setback line noted in subsection (e) above, with a four-foot high screen that will effectively obscure 50% of the view on either side of the screen.

(h)

Height. No structure in a mobile home and trailer park shall exceed 35 feet in height.

(i)

Ingress, egress. A separate way of ingress and egress to a public street shall be provided for each 117 mobile homes contained in every mobile home and trailer park.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Any use of a building or land lawfully existing on July 22, 1966, or when annexed to the city, but which does not conform with the use regulations of the district in which the building or land is situated, may be continued under the regulations of this subchapter, but this subchapter shall not be interpreted as authorizing the continuation of any use of a building or land which was not lawfully existing on the effective date of this amendatory ordinance or when annexed to the city.

(b)

Any use of a building or land which conformed with the use regulations of the district in which the building or land was classified under the Springfield Zoning Ordinance immediately prior to the adoption of this ordinance in 1966, or which qualified as a nonconforming use under the provisions of this section, is a lawful nonconforming use which may continue as a nonconforming use under the provisions of this article.

(c)

Any lawful use of a building or land which is situated outside the corporate limits of the City of Springfield but within 1½ miles of the corporate limits and which, therefore, was not subject to zoning regulation before July 22, 1966, and which use was lawfully existing at such time but which does not conform to the use regulations of the district in which such building or land is situated may continue as a nonconforming use under this article.

(d)

If a building or land becomes subject to this chapter, whether by the extension of the zoning jurisdiction by reason of extension of the corporate limits or otherwise, and the use of the building or land at the time it becomes subject to this chapter is lawful but does not conform with the use regulations of the district in which the building or land is situated, such use is a lawful use which may continue as a nonconforming use under this article.

(e)

If a conforming use of a building or land becomes nonconforming by virtue of an amendment of this chapter, then such use shall be considered to be lawful use which may continue as a nonconforming use under this article.

(f)

No use of a building or land which neither conforms with the use regulations of this district in which the building or land is situated nor qualified as an authorized nonconforming use under the provisions of this section shall be considered a lawful use or be permitted to continue under the provisions of this article.

(g)

No use of a building which conforms with the use regulations of the district in which the building is situated shall be considered to be nonconforming merely because the building occupied by the use does not comply with the height regulations of the district in which the building is situated or because the building is so located on the zoning lot that it does not comply with the yard regulations of such district.

(h)

The regulations of this article pertaining to a building occupied by a nonconforming use shall apply not only to a building which is completely occupied by such a use, but shall also apply to one in which the nonconforming use occupies only a portion of the building.

A nonconforming use may be changed to another nonconforming use only if the Springfield Planning and Zoning Commission following a public hearing as provided in sections 155.154 and 155.155 have first approved such change.

A nonconforming use in a residence district may not be enlarged or extended. In other districts, a nonconforming use may be enlarged or extended only after approval by the Springfield Planning and Zoning Commission following a public hearing as provided in sections 155.154 and 155.156.

Application for a change of one nonconforming use to another or for an enlargement or extension of a nonconforming use shall be made in the same manner as is provided in section 155.213 for applications for variances and shall be accompanied by the fee provided in section 155.500. The notice requirements of section 155.213 shall be applicable to hearings on applications under this section.

The Springfield Planning and Zoning Commission may permit a nonconforming use to be changed to another nonconforming use if the commission finds that:

(a)

The substitution or addition will not be detrimental to or tend to alter the character of the neighborhood.

(b)

The substitution or addition will not increase congestion in the streets.

(c)

The new use is no less restricted than the existing use.

Except in a residential district, the Springfield Planning and Zoning Commission may permit the enlargement or extension of a nonconforming use if the commission finds that:

(a)

The enlargement or extension does not cause the area to be occupied by a nonconforming use to exceed 125% of the area occupied by a nonconforming use on July 22, 1966.

(b)

The enlargement or extension does not exceed the applicable bulk regulations for the district.

(c)

The applicable off-street parking requirements are complied with for the enlarged portion of the use.

(d)

The enlargement or extension will not be detrimental to or tend to alter the character of the neighborhood.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

If a nonconforming use discontinues active continuous operations for a period of six months, the building or land where such nonconforming use existed shall be occupied and used only for a conforming use.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

If a building containing a nonconforming use is by any means destroyed or damaged, such building may be reconstructed and used for the same nonconforming use, provided that the reconstruction does not increase the size or intensity of the structure's nonconformance, and further provided that the reconstruction shall be subject to the provisions of section 155.157 above.

(a)

Normal maintenance. Normal maintenance of a building or other structure containing a nonconforming use is permitted, including necessary nonstructural repairs or incidental alterations.

(b)

Structural alterations. No structural alterations shall be made in a building or other structure containing a nonconforming use, except when:

(1)

Required by law or by a regulatory authority pursuant to law.

(2)

Made pursuant to an enlargement or extension permitted by sections 155.153, 155.154, and 155.156.

(3)

Made to accommodate a conforming use.

(c)

However, in any district, a building containing residential nonconforming uses may be altered in any way to improve interior livability, provided that no structural alterations shall be made which would increase the number of dwelling units or would create an enlargement or extension of the building, unless as permitted above.

The use of a noncomplying building or other structure may be continued, except as otherwise provided in this article.

If a noncomplying building or structure is destroyed or damaged by any means, it may be reconstructed as it existed previous to the destruction or damage, provided that the reconstruction neither creates a new noncompliance of any portion of the building or structure as it previously existed and construction is completed within a 24-month period following destruction or damage to the noncomplying structure.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

A noncomplying building or other structure may be enlarged, provided that no enlargement is permitted which would either create a new noncompliance or increase the degree of noncompliance of any portion of the building or other structure.

Normal maintenance, repairs, or structural alterations are permitted in a noncomplying building or other structure, except that alterations creating enlargements shall be subject to the provisions of section 155.167.

(a)

The Springfield Planning and Zoning Commission, after a public hearing, may determine and vary the application of the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances set forth in section 155.215, where the commission makes findings of fact in accordance with the standards prescribed and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter. The city council, after a hearing and report by the commission, may by ordinance make other variances authorized by state law. After final action on any application for a variance by the commission or city council, another application requesting the same relief shall not be accepted or considered by the commission or city council for a period of 18 months after such action, unless the applicant shows that there has been a substantial change in circumstances since such action.

(b)

For the purpose of this section, requesting the same relief means requesting a variance from the same provision or combination of provisions of the zoning code for the same premises sought in such prior petition; or seeking the same change in a nonconforming use as sought in such prior petition.

(c)

A change in circumstances must be demonstrated by a written request for leave to file an application for a variance, and affidavits, maps, and other documentary evidence may accompany the written request. Within 30 days of the date the request is submitted, the Springfield Planning and Zoning Commission shall decide whether there has been a substantial change in circumstances. That decision shall be final subject to judicial review. If the commission decides there has been no substantial change in circumstances since such action, the request will be denied and no application for a variance will be accepted. If the commission does conclude there has been a substantial change in circumstances since such action, then the request shall be granted, and an application shall be accepted, and shall be acted on in accordance with the provisions of this article.

(d)

The Springfield Planning and Zoning Commission, after a public hearing, may review and provide recommendations on applications for a variance from the building regulations of the land use plan.

(e)

This section also applies to applications for a variance from the building regulations of the land use plan.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2007-024, § 1, 5-15-07; Doc. No. 2012-072, § 1(Exh. A), 9-18-12)

An application for a variance shall be filed in writing with the zoning administrator. The application shall contain such information as the Springfield Planning and Zoning Commission may, by rule, require, in addition to any information that may be required by the zoning administrator. Notice of the time and place of such public hearing shall be published at least once, not more than 30 nor less than 15 days before the hearing, in a newspaper of general circulation published within the city. This notice shall contain the particular location for which the variance is requested and a brief statement of what the proposed variance consists. The zoning administrator shall be responsible for causing such notice to be published. Such additional form of notice may supplement the published notice as the commission, by rule, may require. This section also applies to applications for a variance from the building regulations of the land use plan.

(Doc. No. 2012-072, § 1(Exh. A), 9-18-12)

Petitions for changes in zoning shall be filed for amendment or for variance but not in the alternative, except that no petition may be filed for variance of the use regulations of this chapter. Where zoning reclassification cannot afford complete relief additional prayer for use variance, as an incident to the amendment, may be filed.

Variances from the regulations of this chapter shall be granted by the Springfield Planning and Zoning Commission only in accordance with standards established in section 155.216 (Standards for variances) and may be granted only in the following instances, and in no others:

(a)

To permit a yard or setback required by the applicable regulations for those situations not covered by section 155.071 (special provisions for existing narrow zoning lots) but in no event may the Springfield Planning and Zoning Commission permit a yard or setback less than 90% of the required yard or setback.

(b)

To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the zoning lot for those situations not covered by section 155.071. However, in no event, shall the respective area and width of a zoning lot be less than 90% of the required area and width.

(c)

To reduce the applicable accessory off-street parking or loading spaces required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater.

(d)

To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served.

(e)

To increase by not more than 10% the maximum gross floor area of any use so limited.

(f)

To vary the provisions of section 155.069, fences, after a public hearing at which the recommendations of the city engineer and traffic engineer are presented.

(g)

To vary the provisions of sections 155.400 through 155.410, wireless telecommunications facilities, after a public hearing at which the recommendations of the city engineer and the traffic engineer are presented.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Before granting any variance the Springfield Planning and Zoning Commission shall hear sworn evidence on and determine that:

(1)

The property in question cannot be economically used or cannot yield a reasonable return, if permitted to be used only for the conditions allowed by the regulations.

(2)

The plight of the owner is due to unique circumstances.

(3)

The variance, if granted, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the congestion of traffic, or diminish or impair property values in the locality.

(b)

Every decision or order of the Springfield Planning and Zoning Commission granting a variance shall include findings of fact specifying the reason for granting the variance, including, specifically, a finding that the evidence adduced at the hearing sustains each of the conditions enumerated above.

(c)

This section also applies to applications for a variance from the building regulations of the land use plan.

(Doc. No. 2012-072, § 1(Exh. A), 9-18-12)

The Springfield Planning and Zoning Commission or the city council may prescribe such conditions or restrictions applying to the grant of a variance as it may deem necessary in the specific case to minimize the adverse effects of such variance on other property in the neighborhood, and to secure the public health, safety, and other aspects of the general welfare. Failure to comply with all of the conditions or restrictions included in the grant of a variance shall constitute a violation of this chapter. This section also applies to applications for a variance from the building regulations of the land use plan.

(Doc. No. 2012-072, § 1(Exh. A), 9-18-12)

Whenever, after July 22, 1966, the Springfield Planning and Zoning Commission or its predecessors or the city council has varied the provisions of this chapter, or the court has reversed or modified the action of the commission or its predecessors or council, the variance so granted shall lapse after the expiration date of one year from the date of issuance of the building permit if construction of foundations has not been completed in accordance with the plans for which such variance was granted. This section also applies to applications for a variance from the building regulations of the land use plan.

(Doc. No. 2012-072, § 1(Exh. A), 9-18-12)

The city council may from time to time amend or change by ordinance the number, shape, or area of districts established on the zoning map or the regulations set forth in this chapter, but no such amendment or change shall become effective unless the petition proposing such amendment or change shall first be submitted to the Springfield Planning and Zoning Commission for recommendations or suggestions.

Amendments may be proposed by the city council or by a party possessing a present legal, beneficial, or equitable interest in the subject property.

(a)

An application for an amendment shall be filed with the office of the zoning administrator in such form and accompanied by such information as required by the zoning administrator and the provisions of this chapter.

(b)

Any application for amendment concerning property which is not located within the corporate limits at the time the application is filed, shall state on its face that the property is not within the corporate limits and shall be accompanied by a copy of an annexation petition, in the form and containing the information required by the office of the corporation counsel, which has been filed with the city clerk and requests the annexation of the property. The city clerk shall inform the zoning administrator on completion of the processing of the annexation petition.

(a)

The Springfield Planning and Zoning Commission, before submitting its recommendations and report to the council shall hold a public hearing on the proposed amendment, supplement, or change. The zoning administrator shall give not less than 15, nor more than 30 days' notice of the time and place of such hearing by publication in one or more newspapers published in the city.

(b)

In addition to the notice required by paragraph (a) above, the zoning administrator shall give not less than 15, nor more that 30 days' notice of the time and place of such a hearing to owners of property immediately adjoining, across an alley from or directly opposite the frontage proposed to be altered. Notice shall be by regular first class mail to the owners as they appear on the last available tax records of the County of Sangamon.

(Ord. No. 29-1-02, § 1, 1-15-02; Doc. No. 054-04, § 1(Exh. A), 6-15-04)

If a written protest against a proposed change in the boundaries of a district, signed and acknowledged by the owners of 20% or more of either the frontage to be altered, or the frontage immediately adjoining or across an alley therefrom, or directly opposite the frontage proposed to be altered, is filed with the city clerk, at least two working days prior to the city council's first consideration of the proposed change where any action is taken, following the public hearing by the Springfield Planning and Zoning Commission, such proposed change shall not be passed or become effective except by the favorable vote of two-thirds of all members of the council. For purposes of a protest, the term "proposed change in the boundaries of a district" shall include use variances as well as amendments to district boundaries. A copy of the written protest shall be served by the protester or protesters on the applicant for the proposed change and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney as shown in the application for the proposed change. Proof of service shall be provided to the zoning administrator, prior to the city council's first consideration of the proposed change.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Within 15 days after the close of the hearing on the proposed amendment, the Springfield Planning and Zoning Commission shall make written findings of fact and shall submit same together with its recommendations to the city council. Where the purpose and effect of the proposed amendment is to establish or change the zoning classification of particular property, the Springfield Planning and Zoning Commission shall make findings based on the evidence presented to it in each specific case with respect to, but not limited to the following matters:

(1)

Existing uses of property within the general area of the property in question.

(2)

The zoning classification of property within the general area of the property in question.

(3)

The suitability of the property in question to the uses permitted under the existing zoning classification.

(4)

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification.

(5)

The relationship of the uses allowed under the proposed zoning classification to the official city plan.

(b)

The Springfield Planning and Zoning Commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The Springfield Planning and Zoning Commission may recommend the adoption of an amendment changing the zoning classification of the property in question to a more restrictive classification than that requested by the applicant.

The Springfield Planning and Zoning Commission or the city council may prescribe such conditions or restrictions applying to the grant of an amendment as it may deem necessary in the specific case to minimize the adverse effects of such amendment on other property in the neighborhood, and to secure the public health, safety, and other aspects of the general welfare. Failure to comply with all of the conditions or restrictions included in the grant of an amendment shall constitute a violation of this chapter.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

After receiving the report and recommendations of the Springfield Planning and Zoning Commission, the council shall take action on the recommendation of the Springfield Planning and Zoning Commission. The council may affirm, reject, or modify the recommendation of the commission or it may continue the case to a date certain, unless a shorter period is specifically provided for in this chapter. If an application for a proposed amendment, variance, or conditional permitted use is not acted on finally by the city council within six months of the date of the first meeting on which the application appears on the city council's agenda the application shall be deemed to have been denied.

(b)

After any application for an amendment, variance or conditional permitted use has been acted on by the council, another application requesting the same relief shall not be accepted or considered by the council for a period of 18 months after such action, unless the applicant shows that there has been a substantial change in circumstances since such action.

(c)

For purposes of this section, requesting the same relief means seeking reclassification of the same premises to the same zoning district or a district in the same use category, as sought in a petition acted upon within 18 months of a pending petition; requesting a variance from the same provision or combination of provisions of the zoning code sought in a prior petition; seeking the same conditional permitted use as was sought in such a prior petition.

(d)

Any change must be demonstrated by a written request for leave to file an application for an amendment, variance or conditional permitted use, and affidavits, maps, and other documentary evidence may accompany the written request. Within 30 days of the date the request is submitted, the Springfield Planning and Zoning Commission shall decide whether there has been a substantial change in circumstances an appeal from the planning and zoning commission decision of whether there has been a substantial change in circumstances may be taken. The appeal shall be taken by filing a notice of appeal with the zoning administrator within 30 days of the date of the decision by the planning and zoning commission. The notice of appeal shall describe the decision appealed from and shall specify the grounds for appeal. The zoning administrator shall, on receipt of the notice of appeal, forthwith transmit to the city clerk all the original documents and materials, or true copies thereof; constituting the record on which the decision appealed from was taken. The city clerk shall place the appeal for consideration on the next reasonable city council agenda, but not more than 60 days after the notice of appeal has been filed. The zoning administrator shall give due notice of the city council meeting at which the appeal will be considered, in writing, to the appellant. Other than on the city council agenda, it shall not be necessary to publish any notice of the appeal.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 01-093, § 1, 12-18-01; Doc. No. 2003-078, § 1, 9-16-03; Doc. No. 2005-056, § 1(Exh. A), 7-19-05)

There is created, within the department of public affairs, an office of the zoning administrator.

The zoning administrator shall be the officer in charge of administering and enforcing all provisions of this chapter. He shall be appointed by the mayor. The salary of the zoning administrator and his staff shall be fixed by the city council.

The office shall:

(a)

Whenever the zoning administrator and the traffic engineer consider such action necessary in the public interest, intervene, for and on behalf of the city in any public hearings before the Springfield Planning and Zoning Commission, present facts and information to assist the commission in reaching a decision, resist and oppose any deviations from the standard provisions of this chapter.

(b)

Propose and recommend to the city council the enactment of amendments to this chapter for the purpose of improving administration and enforcement of the chapter.

(c)

Propose and recommend to the city council the enactment of amendments to the zoning map as made desirable or necessary by judicial or administrative proceedings or as deemed desirable or necessary because of changed or changing conditions.

(d)

Review all applications for certificates of occupancy and maintain records thereof.

(e)

Establish and administer rules and regulations for proceedings with and within the department, together with regular forms for such proceedings, for processing amendments, conditional permitted uses, and variances, issuing certificates, and for recording those matters, and things required by this chapter to be recorded, and collect fees as may be required by this chapter.

(f)

Maintain a map or maps, as required by state statute, showing the current zoning classification of all land in the city and the location, type, and identity of all nonconforming uses.

(g)

Maintain a current register of all nonconforming uses.

(h)

Receive, file, and forward to the city council all petitions for amendments to this chapter and all applications for conditional permitted uses.

(i)

Receive and file copies of all applications for appeals, variances, and other matters such as conditional permitted uses on which the Springfield Planning and Zoning Commission is required to pass under this chapter.

(j)

Present facts and information to assist the Springfield Planning and Zoning Commission in reaching a decision for recommendations on proposed zoning amendments, and conditional permitted uses.

(k)

Determine accessory off-street parking requirements in specific instances as specified in sections 155.085 through 155.143.

(l)

Make available to the public information relative to all matters arising out of this chapter and post all public notices called for in this chapter.

(m)

Subject to the approval of the alderman of the ward in which a property is located, the zoning administrator and the traffic engineer may approve the following minor variances;

(1)

Reduce the minimum required front yard up to 10%.

(2)

Reduce the minimum required side yard by up to 10%.

(3)

Reduce the minimum required total side yard by up to 10%.

(4)

Reduce the minimum required rear yard by up to 10%.

(5)

Reduce the minimum required setback for accessory structures, by up to 25%.

(6)

Increase the allowable fence height by up to six inches, for fences located within required yards. Increase the allowable fence height by up to 24 inches, for fences meeting the required setback for accessory structures.

(7)

Reduce the minimum number of required accessory off-street parking spaces by up to 10%.

(8)

Waive or reduce the landscape and aesthetic requirements of section 155.405, Wireless telecommunication facilities.

(9)

Waive surfacing requirements (155.112) and striping requirements (155.110) of this section for special events.

(10)

Allow enlargement of an existing, commercial, non-conforming use, located in the B-2, I-1 and I-2 zoning districts by up to 20% of the existing floor area.

(11)

Permit signs within ten feet of a street right-of-way.

(12)

Permit driveways in a transitional buffer yard (TBY).

(13)

Permit on-premises signs up to 50 feet in height.

Provided the zoning administrator and the traffic engineer makes the following findings:

(i)

The variation is consistent with the general purpose and intent of this chapter.

(ii)

The variation is necessary for a reasonable use of the property.

(iii)

There is practical difficulty in meeting the requirements of the Code.

(iv)

The plight of the petitioner is unique and the proposed variation will not serve as a special privilege, but will alleviate conditions not shared by other property in the city.

(v)

The petitioner did not knowingly or deliberately create the condition causing the practical difficulty from which the petitioner seeks a grant of relief.

(vi)

The proposed variation will not alter the essential character of the locality.

(vii)

The proposed variation will not impair an adequate supply of light and air to the adjacent property; substantially increase congestion in the streets; increase the danger of fire or crime; diminish the value of nearby property nor impair the public health, safety, comfort, convenience, or general welfare.

(viii)

The proposed variation represents the minimum deviation from established standards necessary to accomplish the desired improvement.

The zoning administrator shall report all approved minor variances to the city council monthly.

(n)

Accept applications and process variances from the building regulations of the land use plan.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 01-093, § 2, 12-18-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2012-072, § 1(Exh. A), 9-18-12)

The zoning administrator's office has the duty of enforcing this chapter, incidental to which duty the zoning administrator shall:

(a)

Conduct investigations and surveys to determine compliance or noncompliance with the provisions of this chapter. Incidental to such investigations and surveys, an authorized representative of the office may enter into and on and cause any land or structure to be inspected and examined at all reasonable times. If an authorized representative is denied entry upon request for an inspection and has probable cause to believe that a violation of this chapter exists on or in the premises, the authorized representative, with the assistance of corporation counsel of the city, may apply for and obtain a search warrant from the circuit court for an inspection or seek relief from the court in order to obtain entry.

(b)

Notify, by written notice, violators of the provisions of this chapter. Such notice shall be served personally or by regular first class mail on the person, firm, or corporation deemed by the office to be violating the provisions of this chapter; however, if such person, firm, or corporation is not the owner of the land or the building or other structure in which the violation is deemed to exist or to have occurred, a copy of the notice shall be served personally or sent by regular first class mail to the owner or owners of such land or building or other structure, the owner or owners to be determined from the tax roll for the preceding year in the office of the County Treasurer of Sangamon County. The date of mailing shall be deemed the date of service of any notice served by regular first class mail.

(c)

Refer violations of this chapter to the city attorney for appropriate legal action.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 054-04, § 1(Exh. A), 6-15-04)

This article provides procedures under which any construction or alteration of a building or other structure and any new use of land or a building shall be cleared with the zoning administrator to make certain that it is in compliance with this chapter. The purpose of this requirement is to assure effective enforcement of zoning and also to afford protection to owners and users of property by providing for an advance determination of whether a proposed development or use will be in compliance with this chapter. In order to lessen the burden on property owners and to avoid unnecessary administrative duplication, the procedures under this article are, wherever possible, combined with already existing procedures.

(a)

No building permit or certificate of occupancy under the building code shall be issued by the building services department until the application therefor has been examined by the zoning administrator and the zoning administrator certifies that it complies with all applicable provisions of this chapter. Any building permit or certificate of occupancy issued in violation of this section is null and void.

(b)

Pending the issuance of a certificate of occupancy, a temporary certificate may be approved during the completion of a building if the zoning administrator certifies that all applicable provisions of this chapter have been complied with, and if said temporary certificate is approved and authorized by the department of building and zoning.

In addition to the requirements of the department of building and zoning, every application for a building permit shall be accompanied by a plat or drawing of the zoning lot, drawn to scale, showing the lot area, height, and bulk of the building or other structure, the building lines in relation to lot lines, the location of any other building or structure on the lot, and such other information as may be required by the zoning administrator to enable him to determine whether the proposed construction or alteration is in compliance with this chapter.

(a)

The Springfield Planning and Zoning Commission shall have the power and duty to hear and decide:

(1)

Appeals from any order, requirement, decision, or determination made by the zoning administrator under this chapter.

(2)

All matters specifically referred to it by the provisions of this chapter.

(3)

Requests for variations in the application of the regulations imposed by this chapter as set forth in sections 155.212 through 155.218.

(b)

The concurring vote of six members of the Springfield Planning and Zoning Commission shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator, to decide in favor of the applicant any matter on which it is required to pass under this chapter, or to permit any variation in the application of the regulations imposed by this chapter.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Cross reference— Organization of Springfield Planning and Zoning Commission, § 33.275.

(a)

An appeal from any order, requirement, decision, or determination of the zoning administrator may be taken by any person aggrieved or by any officer, department, board, or bureau of the city. The appeal shall be taken by filing a notice of appeal with the zoning administrator and with the Springfield Planning and Zoning Commission within 45 days of the order, requirement, decision, or determination of the zoning administrator, which is the subject of the appeal. The notice of appeal shall describe the order, requirement, decision, or determination appealed from and shall specify the grounds for appeal.

(b)

The zoning administrator shall, on receipt of the notice of appeal, forthwith transmit to the Springfield Planning and Zoning Commission all the original documents and materials, or true copies thereof; constituting the record on which the action appealed from was taken. The chairman of the commission shall fix a reasonable time, not more than 60 days after the notice of appeal has been filed, for the hearing on the appeal and inform the secretary of the commission of the time and place that the hearing will be held. The secretary shall give due notice of the hearing, in writing, to the appellant, to the zoning administrator, to the members of the commission, and to any other person directly interested in the outcome of the appeal. It shall not be necessary to publish any notice of a hearing on an appeal.

(c)

The Springfield Planning and Zoning Commission shall decide the appeal within a reasonable time, not more than 30 days, after the hearing. On appeal the commission is limited to a determination of the propriety of the questioned action taken by the zoning administrator, and it may reverse or affirm the action appealed from or modify the same and to that end the commission has all the powers of the zoning administrator under this chapter. The commission shall not by its decision on appeal permit a variation in the application of the regulations of this chapter.

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the Springfield Planning and Zoning Commission, after the notice of appeal has been filed with him, that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order granted by the commission on application, after notice to the zoning administrator and on due cause shown or by order of a court of competent jurisdiction.

This article provides special regulations governing areas designated by the city council, pursuant to 65 ILCS 5/11-48.2, as having a special historical significance and which require special zoning regulations. The regulations are designed to ensure that development changes in historic districts will not be incompatible with the historic heritage of the area and that the exterior design of buildings will be in harmony with the historic shrines in the district.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

The following historic zoning districts are established:

(a)

H-1 historic zoning district, constituting the Lincoln Home area, bounded on the north by Capitol Avenue, on the east by Ninth Street, on the south by Edwards Street, and on the west by Seventh Street.

(b)

H-2 historic zoning district, constituting the executive mansion historical district described as follows: beginning at a point on the east line of Fifth Street and the south line of Sangamon Street, thence east to the alley between Fifth and Sixth Streets, along said south line, thence south to a point 144 feet south of Edwards Street, thence west along an imaginary line to a point in the east/west line of Fourth Street, thence south 92 feet, then west 273.75 feet, thence north along said east right-of-way line of Third Street to a point 160 feet north of Jackson Street, thence easterly to the point of beginning.

(c)

H-3 historic zoning district, constituting the perimeter of the Lincoln Home area, described as follows: bounded on the north by Capitol Avenue, on the east by Seventh Street, on the south by Cook Street and on the west by the alley between Sixth and Seventh Streets, and, bounded on the north by Edwards Street, on the east by Ninth Street, on the west by Seventh Street, and on the south by Cook Street except excluding lots 10 through 16 in block 4 of East Iles Addition to the City of Springfield and including the property located on the southwest corner of the intersection of Cook Street and Eighth Street legally described as Lots 15 and 16 in Block 14 of the East Iles Second Addition to the City of Springfield. .

(Doc. No. 94-123, § 1(Exh. A), 12-20-94); Doc. No. 00-026, § 4-18-00)

(a)

When an application for a building permit, demolition or sign permit is filed for property located in an historic zoning district, it shall immediately be referred to the historic sites commission for consideration.

(b)

In considering the appropriateness of applications, the historic sites commission shall consider the general design, arrangement, texture, material, color, and other features of the building, structure, or sign and the relation of such factors to buildings in the immediate area. The commission shall not consider detailed design, interior arrangement, or building features not subject to public view.

(c)

If the historic sites commission fails to act within 45 days upon receipt of an application or if the historic sites commission disapproves an application the applicant may appeal to the city council by filing a written request with the city clerk who shall place the matter on the agenda for the next regularly scheduled city council meeting. The city clerk shall notify the historic sites commission of the meeting date for city council consideration of the appeal.

(Ord. No. 94-123, § 1(Exh. A), 12-20-94)

The following are permitted uses in the H-1 historic zoning district:

(a)

The Lincoln Home.

(b)

Residences.

(c)

Churches.

(d)

Publicly owned information and orientation centers and auditoriums.

(e)

Publicly owned historical museums.

(f)

Professional, governmental, or business offices, not used for retail sales.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

The council may permit uses in addition to those enumerated in section 155.268, after hearing and recommendation by the historic sites commission as provided in section 155.208.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

The following are permitted uses in the H-2 historic zoning district:

(a)

The Executive Mansion.

(b)

Churches.

(c)

Residences.

(d)

Publicly owned information and orientation center and auditoriums.

(e)

Publicly owned historical museums.

(f)

Professional, governmental or business offices not used for retail sales.

(g)

Surface parking on Lot 3 and the south one-half of Lot 2, Block 1 of Washington Iles Second Addition to the City of Springfield, Sangamon County, Illinois, provided the owner of the property described shall properly screen and landscape the property subject to the right of the historic sites commission to recommend and of the city council to impose appropriate conditions and safeguards designed to assure that the use will be conducted in a manner compatible with the historic heritage of the area. If, after 60 days have elapsed from the submission of the plan to the zoning administrator for screening and landscaping of the parking area, there has been no approval from the commission or no conditions imposed by the city council, the zoning administrator shall issue the permit.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

The council may permit uses in addition to those enumerated in section 155.270, after hearing and recommendation by the historic sites commission as provided in section 155.208.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

The following are permitted uses in the H-3 historic district:

(1)

Convenience retail and service establishments including:

Antique shops

Art and rafts supply stores

Art and schools supply stores

Art galleries

Automatic bank tellers, excluding freestanding

Barbershops

Beauty parlors

Bed and breakfast and tourist homes

Bicycle sales, rental and service

Bookstores (non-adult)

Cafe

Candy stores, not including processing or cooking

Churches

Clubs, lodges, private

Coin and stamp stores (dealers)

Commercial day-care center

Craft and hobby shops

Delicatessens

Donut and pastry shops, not including processing and baking

Dressmakers, custom

Florist shops

Gift shops

Glassware stores

Ice cream shops

Interior decorating, samples and sales only

Lodging rooms above the first floor

Medical and orthopedic appliance stores

Museums

Pharmacies, excluding general retail sales on non-health related merchandise

Photographic sales, supplies, developing and printing and studios

Postal substations

Religious institutions including churches, seminaries, and convents, including dormitories and other accessory uses required for operation

Restaurants and eating places, excluding drive-in, fast food or chain restaurants

Shoe repair shops

Stationery stores

Tailors, custom

Travel bureaus

(2)

Professional, governmental, or business offices

(3)

Residences, single-family, duplex, or multiple-family

Group community residences

(Doc. No. 94-123, § 1(Exh. A), 12-20-94); (Doc. No. 00-026, § (Exh. A), 4-18-00; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

The council may permit uses in addition to those enumerated in section 155.272 after hearing and recommendation by the historic sites commission as provided in section 155.208.

Conditional permitted uses in the H-3 district are:

Accessory off-street parking lot, not on the same lot as the use served

Post office, branch

Telephone exchange

Restaurants, with the service of alcoholic beverages, excluding drive-in and drive-up windows for the sale of alcohol

(Doc. No. 94-123, § 1(Exh. A), 12-20-94; Doc. No. 2008-093, § 1, 2-17-09)

(a)

The yard requirements for the H-1 historic zoning district are the same as those provided in section 155.061 for the R-3 general residence district.

(b)

The minimum lot width for residences and the minimum required lot area per dwelling unit provided in section 155.055 and section 155.056, respectively, for the R-3(b) general residence district, are applicable to the H-1 historic zoning district.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Yard requirements for the H-2 historic zoning district are as follows:

(1)

Minimum front yard, ten feet.

(2)

Minimum side yard, four feet.

(3)

Minimum rear yard, 15 feet.

(b)

Except for that property located to the north of the north line of Jackson Street, there shall be no yard requirements but in lieu thereof landscape plantings shall be placed on the private property adjacent to the north line of Jackson Street so that it will present an appealing appearance, compatible with the residential landscape treatment of the Governor's Mansion.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

(a)

The yard requirements for the H-3 historic zoning district are the same as provided in the zoning ordinance for the OFF office district.

(b)

The minimum lot width requirements for residences and the minimum required lot area per dwelling unit shall be the same as in the R-3(b) general residence district.

(c)

The above-described yards shall be landscaped to present an appealing appearance compatible with residential landscaping treatment in the Lincoln Home Area. Proposed landscape treatment is to be reviewed and approved by the commission prior to its installation. In considering the appropriateness of proposed landscaping, the commission should consider the "Historic Grounds Report and Landscape Plan" for the Lincoln Home by Robert R. Harvey, as a reference source for its decision. Any decision of the commission can be appealed to the city council by filing a written request with the city clerk. The clerk shall place the matter on the agenda of the next city council meeting and given notice to the commission.

(d)

No sign may be illuminated either directly or indirectly, and no sign may exceed nine square feet in size. One yard sign for each lot is permitted within the required front yard provided that no portion of the sign is within ten feet of the front property line. On corner lots, the same shall apply to the side street side yard, except that no sign is allowed within 20 feet of the corner formed by the intersection of two streets.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

The maximum building height in any historic zoning district shall be 35 feet.

(b)

Garages or other accessory buildings in any historic zoning district shall comply with residential requirements of section 155.068.

(c)

Any fences constructed in any historic zoning district shall comply with residential requirements of section 155.069.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

Variances of bulk requirements may be requested in the same manner as described in section 155.212 through section 155.218 of the Springfield Zoning Ordinance, except that the historic sites commission will perform all functions assigned to the planning and zoning commission.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

(a)

The city council may, after public notice by the historic sites commission, grant permits for conditional permitted uses in landmarks and historic districts.

(b)

An application to the office of zoning administrator for the grant of a conditional permitted use in a landmark or historic district shall include a site plan showing the location and proposed use of all buildings or other structures on the site, the location of all vehicular entrances and exits, and accessory off-street parking spaces, a diagram of the location of the site in relation to the surrounding street pattern and other traffic generating uses, and such other information as may be required from time to time by the historic sites commission or the zoning administrator.

(c)

No conditional permitted use in landmark or historic districts shall be granted by the city council without hearing and recommendations by the historic sites commission as provided in section 155.208.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

(a)

Historic enterprises are those uses, which may be permitted, provided they meet the criteria established by section 155.208. Such uses may include, but are not limited to:

Professional, governmental, or business offices

Bed and breakfast and tourist homes

Art galleries, commercial

Book stores

Coin and stamp dealers

Museums

(b)

The council may permit uses in addition to those listed above after hearing and recommendation by the historic sites commission as provided in section 155.279.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

All applicable bulk and sign requirements of the zoning district in which the historic enterprise is located shall be met unless more restrictive regulations as may be recommended by the Historic Sites Commission are imposed by the city council under provisions of section 155.279. Accessory off-street parking requirements as specified in section 155.098 shall apply to the historic enterprise unless otherwise specified by zoning ordinance. All parking areas shall comply with section 155.090,155.110, 155.111, 155.112, 155.113, and 155.143 regardless of the number of spaces.

(Doc. No. 94-123, 12-20-94)

In the event that the city council may approve a petition for withdrawal of landmark or historic district designation under provisions outlined in Chapter 101: Historic Sites, any conditional permitted uses granted under the provisions of section 155.279 or 155.280 shall be deemed ineligible for such conditional permitted use and such use must cease within 12 months of the city council action to withdraw.

(Doc. No. 94-123, 12-20-94)

For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Beneficial interest. Any interest, regardless of how small or minimal such interest may be, in a land trust, held by a trustee for the benefit of beneficiaries of such land trust.

Co-location. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

Commercial. A use that involves the exchange of cash, goods or services, barter, forgiveness of indebtedness, or any other remuneration in exchange for goods, services, lodging, meals, entertainment in any form, or the right to occupy space over any period of time.

Height. The vertical measurement from an identified base such as the ground or roof to the vertical apex of the measured wireless telecommunications antenna, tower or satellite dish.

Lattice tower. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure, which often tapers from the foundation to the top.

Monopole. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

Personal wireless facilities. A transmitter/receiver, antenna structure and other types of installation used for the provision of personal wireless services.

Personal wireless services. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services; facilities for the provision of personal wireless services.

Telecommunication. The technology, which enables information to be, exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

Wireless telecommunications antenna. A physical device through which electromagnetic, wireless communications signals authorized by the Federal Communication Commission are transmitted or received.

Wireless telecommunications equipment shelter. The structure in which the electronic receiving and relaying equipment for a wireless communications facility is housed.

Wireless telecommunications facility. A facility consisting of the equipment and structures involved in receiving, relaying and transmitting voice, video or data signals by means of electrical or electromagnetic systems.

Wireless telecommunications tower. A dedicated structure intended to support equipment used to transmit and receive telecommunications signals including monopoles, guyed and lattices construction steel structures.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97)

(a)

Any wireless telecommunications facility, antenna, monopole, tower or satellite dish not expressly permitted by this Code is prohibited in the City of Springfield. All wireless telecommunications facilities, antennas, monopoles, towers and satellite dishes must comply with all applicable City of Springfield codes. This article does not apply to wireless facilities used by amateur (HAM) radio operators licensed by the Federal Communication Commission.

(b)

This article applies to radio and television transmission facilities, cellular telephone facilities and personal wireless facilities.

(c)

A wireless telecommunications antenna, monopole, tower or satellite dish may constitute an accessory use on a lot containing a principal use.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97)

(a)

R-1 single-family residence district: Television antennas for reception only and satellite dishes for reception are allowed with a maximum height of 50 feet or 15 feet above the roof, whichever is greater.

(b)

R-2 single-family and duplex residence district: Television antennas for reception only and satellite dishes for reception only are allowed with a maximum height of 50 feet or 15 feet above the roof, whichever is greater.

(c)

R-4 mobile home district: Television antennas for reception only and satellite dishes for reception only are allowed with a maximum height of 50 feet or 15 feet above the roof, whichever is greater.

(d)

H-1, H-2 and H-3 historic districts and historic enterprises: Television antennas for reception only and satellite dishes for reception only are allowed with a maximum height of 50 feet or 15 feet above the roof, whichever is greater.

(e)

PUD and PED, planned unit and planned experimental developments: Uses in these districts will be handled in the same manner as the most similar traditional zoning district.

(f)

R-3, general residence district: Television antennas for reception only and satellite dishes for reception only are allowed with a maximum height of 50 feet or 15 feet above the roof, whichever is greater.

Building-mounted commercial wireless telecommunications antennas are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

(g)

R-5 or OFF, office district: Television antennas for reception only and satellite dishes only are allowed with a maximum height of 50 feet or 15 feet above the roof, whichever is greater.

Building-mounted commercial wireless telecommunications antennas are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

(h)

S-1, neighborhood commercial and office district: Television antennas for reception only and satellite dishes are allowed with a maximum height of 50 feet or 15 feet above the roof, whichever is greater.

Building-mounted commercial wireless telecommunications antennas are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

(i)

S-2 community shopping and office district: Commercial wireless telecommunications monopoles or towers with a 100-foot height limit are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

Building-mounted wireless telecommunications antennas are allowed with administrative review.

Co-location commercial wireless telecommunications monopoles or towers with a 140-foot height limit are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

(j)

S-3 central shopping district: Commercial wireless telecommunications monopoles or towers with a 100-foot height limit are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

Building-mounted wireless telecommunications antennas are allowed with administrative review.

Co-location commercial wireless telecommunications monopoles or towers with a 140-foot height limit are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

(k)

B-1, highway business service district: Commercial wireless telecommunications monopoles or towers with a 100-foot height limit are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

Building-mounted wireless telecommunications antennas are allowed with administrative review.

Co-location commercial wireless telecommunications monopoles or towers with a 140-foot height limit are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

(l)

B-2, general business service district: Commercial wireless telecommunications towers with a 150-foot height limit are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

Building-mounted wireless telecommunications antennas are allowed with administrative review.

Co-location commercial wireless telecommunications monopoles or towers with a 180-foot height limit are allowed as a conditional permitted use pursuant to section 155.407 of this Code.

(m)

I-1, light industrial district: Commercial wireless telecommunications towers with a 150-foot height limit are allowed with administrative review.

Building-mounted wireless telecommunications antennas are allowed with administrative review.

Co-location commercial wireless telecommunications monopoles or towers with a 180-foot height limit are allowed with administrative review.

(n)

I-2, heavy industrial district: Commercial wireless telecommunications towers with a 150-foot height limit are allowed with administrative review.

Building mounted wireless telecommunications antennas are allowed with administrative review.

Co-location commercial wireless telecommunications monopoles or towers with a 180-foot height limit are allowed with administrative review.

USE REGULATIONS CHART

**On properties currently occupied by illuminated recreational and public utility facilities or public service facilities such as, but not limited to, electric substations, gas valve or regulator sites, telephone exchanges and water or sewage pumping station and recognized as a legal nonconforming use or approved as a conditional permitted use by the City of Springfield, the following may be allowed:

a.

Commercial wireless telecommunications towers with a 150-foot height limit are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

b.

Structure mounted wireless telecommunications antennas are allowed with administrative review.

c.

Co-location commercial wireless telecommunications towers with a 180-foot height limit are allowed as a conditional permitted use, pursuant to section 155.407 of this Code.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

(a)

All structures, principal and accessory, located at a wireless telecommunications facility shall meet the required front yard and rear yard setbacks of the underlying zoning district except when the underlying lot borders a lot with a residence, the setback from the residence shall be equal to the height of the tower.

(b)

The required side yard setbacks for all towers at a commercial wireless telecommunications facility shall be one-half the required front yard when adjoining an equal or more intensely zoned district and the same as the front yard setback when adjoining a less intensely zoned district. On corner lots the required side street side yard setback shall be the same as the required front yard.

(c)

All commercial wireless communication equipment shelters shall meet the side yard setbacks of the underlying district. Commercial wireless equipment shelters are limited to 18 feet in height.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

All ingress, egress, traffic plan and parking areas located at a commercial wireless telecommunications facility shall be regulated by sections 155.090 through 155.143 of this Code.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97)

(a)

Existing vegetation (trees and shrubs) shall be preserved to the maximum extent possible.

(b)

All structures located at a commercial wireless telecommunications facility shall be architecturally designed to blend in with the surrounding environment. All structures shall be constructed out of a non-reflective material.

(c)

All traffic and parking areas located at a wireless telecommunications facility shall be effectively screened on each side adjoining an equal or less intensely zoned property with a six-foot opaque fence. Any fence erected on the side street of a corner lot shall be restricted to the same setback requirements as a building or structure. No fence may be electrified.

(d)

Security fencing may be constructed around the base of the tower and the equipment shelter, subject to the provisions of section 155.069, Fences, of this Code. If the tower or equipment shelter is within 300 feet of a residential zoning lot, buffer plantings similar to those described in section 155.113 of this Chapter, shall be located around the perimeter of the security fence consisting of either a hedge planted three feet on center maximum or a row of evergreen trees planted five feet on center maximum.

(e)

Security lighting at a commercial wireless telecommunications facility shall be arranged so as not to reflect rays of light into adjacent districts and streets. Wireless telecommunication towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration and the Federal Communications Commission or other federal or state authority for a particular site.

(f)

Advertising of any type is prohibited at wireless telecommunications facilities.

(g)

Antennas, monopoles, towers and satellite dishes shall be painted in a way that matches the typical sky color in that location or a color minimizing its visibility, unless otherwise required by the Federal Communications Commission or the Federal Aviation Administration. These structures should include anti-climbing measures to reduce potential for trespass and injury.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

This procedure has been developed to permit certain antennas and towers or monopoles in certain zoning districts to be approved by the zoning administrator or his/her designee when such antennas meet established standards set forth herein.

(b)

Upon receiving an application for an antenna for administrative approval, the zoning administrator or his/her designee shall process the application to determine its conformity with the application standards. If the antenna and its structure meet the standards, a building permit application may be applied for. Approval of the administrative review does not insure issuance of the building permit. If the antenna or its structure does not meet the standards, the permit shall be denied. The zoning administrator's denial may be appealed to the Springfield Planning and Zoning Commission, pursuant to section 155.259 of this Code. Action on the application shall take place within a reasonable amount of time. Approval or denial of the application shall be in writing.

(c)

The standards for application for administrative review shall be as follows:

(1)

The request for administrative review shall be in writing, in petition format, signed by the applicant or a legal representative, include the legal description and common address, a site plan and an elevation drawing.

(2)

The applicant shall be the owner of the property or have beneficial interest in the property.

(3)

The request for administrative review shall include two sets of sealed plans from a structural engineer or architect.

(4)

Photos of similar, previously constructed antennas shall be included with the request.

(d)

The standards for approval of administrative review shall be as follows:

(1)

The proposed location, design and method of operation of such antenna will not have a detrimental effect on the surrounding properties.

(2)

All construction shall conform to the best standards for safety and meet the current building code of the City of Springfield.

(3)

All antennas and their structures shall be architecturally designed to blend with the surrounding environment to minimize visibility. Antennas and their structures shall be constructed of a non-reflective material.

(e)

The zoning administrator is explicitly authorized at his/her discretion to employ on behalf of the city an independent technical expert to review any technical materials submitted including, but not limited to, those required under this article and in those cases where a technical demonstration of unavoidable need or unavailability of alternatives is required. The applicant shall pay all the reasonable costs of said review, including any administrative costs incurred by the city. Any proprietary information disclosed to the city or the expert hired shall remain confidential and shall not be disclosed to any third party.

(f)

The zoning administrator may revoke a use granted with administrative approval upon giving the owner and any interested persons who applied for the use at least ten days' written notice of the grounds for revocation and the opportunity for a public hearing before the director of community services at which time they may present evidence bearing upon the question. The grounds for which an antenna, which has been permitted, may be revoked are:

(1)

The owner or interested person applying for the approval has knowingly furnished false or misleading information or withheld relevant information on any application;

(2)

The owner, his/her agent, employee, officer, tenant, licensee or occupant has violated any of the provisions of this Code required to obtain the facility, antenna, tower or satellite dish with administrative approval, or that the property no longer complies with the standards necessary to obtain such device with administrative approval;

(3)

The property has become a nuisance.

(g)

The property owner shall be responsible for the acts of his/her agents, employees, officers, tenants, licensees, and occupants.

(h)

A property shall be considered a nuisance when any of the following shall occur:

(1)

The antenna or its structure, in the opinion of the building inspector, becomes structurally unsound, unsafe or dangerous.

(2)

The antenna interferes with the reception of other legal pre-existing antennas in the area.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Application requirements:

(1)

Site plan showing principal and accessory structures, with elevations.

(2)

Proposed traffic plan including ingress, egress, parking, circulation and surfaced areas.

(3)

Proposed screening, fencing, landscaping and aesthetics features.

(4)

Proof of co-location, contracts, agreements or statement that petitioner will allow co-location, etc.

(b)

The Springfield Planning and Zoning Commission may permit commercial wireless telecommunications facilities, antennas, towers or satellite dishes provided that the following special findings are made:

(1)

The telecommunications facility, antenna, tower or satellite dish will conform to the established standards for safety in construction.

(2)

The proposed location, design and method of operation of such antenna will not have a detrimental effect on the surrounding properties.

(3)

All antennas and their structures shall be architecturally designed to blend with the surrounding environment to minimize visibility.

(4)

All landscaping and aesthetic requirements have been met.

(5)

All application requirements have been met.

(c)

A request for a conditional permitted use to allow a commercial wireless communications facility, antenna, tower or satellite dish shall be processed in the same manner as other conditional permitted uses specified in section 155.178 of this Code.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Legal nonconforming wireless communications facilities are subject to sections 155.151 through 155.159 of this Code.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97)

Legal noncomplying wireless communications structures are subject to sections 155.165 through 155.168 of this Code.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97)

Any antenna, tower or satellite dish that is not operated for a continuous period of 12 months shall be considered abandoned, and the owner of such antenna, tower or satellite dish shall remove same within 90 days of receipt of notice from the governing authority notifying the owner of such abandonment. If such antenna, tower or satellite dish is not removed within said 90 days, the governing authority may, in the manner provided in sections 170.16.15, Demolition of unsafe and dangerous buildings, of the Springfield City Code of Ordinances, as amended, remove such antenna, tower or satellite dish at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

(Doc. No. 97-061, § 1(Exh. A), 7-15-97)

(a)

Scope/purpose/applicability.

(1)

This section contains the performance standards and regulations pertaining to the landscape, screening, and lighting elements for various uses and parking areas; requirements for the provision of trees along public rights-of-way; maintenance requirements for trees and other landscape components; and administration and enforcement of these regulations.

(2)

The purpose of this section is to establish standards for the provision, installation and maintenance of landscape plantings in and around the various land uses and associated parking areas. The addition of plant material is to define parking areas, mitigate the view of cars and pavement, help to direct traffic flow, provide continuity to streetscape, minimize noise and glare, moderate heat, wind and other climate effects and to obtain the environmental benefits of increase planting. The landscape requirements are intended to provide buffering between single-family and duplex uses and multiple-family, office, commercial, and industrial uses. The overall impact of such factors is intended to enhance and protect property values for the benefit of both public and private investment.

(3)

Buildings and facilities covered: This section applies to the following:

a.

All new construction of buildings or parking areas approved by the city after the effective date of this section;

b.

That area directly affected by any addition, or accumulated total increase of 20% or more, in gross square foot area of the ground floor, to any existing building;

c.

That area directly affected by any addition, or accumulated total increase of 20% or more in the numbers of parking spaces provided to any existing parking facility.

(b)

Definitions for the purpose of this section:

(1)

General:

a.

Landscaping required by this ordinance shall mean living plants in a combination of trees, shrubs, and/or ground cover.

b.

Unless otherwise stated in this ordinance, all size specifications for plant materials shall be based upon the time of planting. When caliper is specified for tree planting, the caliper of the tree trunk shall be measured at 12 inches above the ground level.

(2)

Planting types:

a.

Canopy (medium-tall) trees. A self-supporting woody, deciduous plant having not less than a 1¾-inch caliper and reaches a mature height of not less than 20 feet and a mature spread of not less than 15 feet.

b.

Ornamental trees (small). A self-supporting woody, deciduous plant having not less than a 1½-inch caliper and normally attains a mature height of at least 15 feet and usually has one main stem or trunk and many branches. Several species may appear to have several sterns or trunks.

c.

Evergreen trees. A tree having foliage that persists and remains green throughout the year and having a height of not less than six feet and maturing to a height of not less than 20 feet.

d.

Shrub. A self-supporting woody perennial plant (deciduous or evergreen) of low to medium height characterized by multiple stems and branches continuous from its base and having a height of not less than two feet and normally maturing to a height of not more than ten feet.

e.

Ground cover. Plants, other than turf grass, which normally reaches an average of maximum height of not more than 24 inches at maturity. Ground cover does not include plants commonly referred to as weeds.

f.

Mulch. Nonliving organic and synthetic materials customarily used in landscaping designed to retain moisture, stabilize soil temperatures, control weed growth and retard erosion.

(c)

All landscape plans shall fully meet the following performance standards in order to receive approval from the zoning administrator:

(1)

Landscaping shall not hinder the vision of motorists and pedestrians necessary for safe movement into, out of, and within the site

(2)

Landscaping materials shall be selected and placed in such a manner that they do not interfere with or damage existing utilities.

(3)

Landscaping materials shall be selected and placed so that the safe and enjoyable use of surrounding properties is not inhibited.

(4)

Landscaping shall be selected and placed with sensitivity toward the ultimate size that will be achieved over time.

(5)

Landscaping with thorns, berries, and other harmful plant characteristics shall be carefully placed to avoid potential harm to people or property on and off-site.

(d)

Landscape plan required:

A general site plan showing the location and description of plantings (trees, shrubs or groundcover) shall be included with the site plan submitted for each building permit application where landscape is required.

Applications for approval of a detailed landscape plan shall be submitted to the zoning administrator within 90 days after applying for a building permit, for a project which is subject to the landscape requirements. Construction or implementation of landscaping prior to approval is done at the applicant's own risk.

An application for approval of a landscaping plan may be denied by the zoning administrator if it is incomplete or if its approval would cause a violation of this ordinance.

If a landscaping plan is deemed to be incomplete, the zoning administrator shall inform the applicant within 30 days, of those elements of the application that are missing but which if supplied would cause the plan to be approved.

If a landscaping plan application is denied because the zoning administrator believes its approval would cause a violation of the ordinance, the zoning administrator shall identify those portions of the ordinance that he believes would be violated and explain why those portions would be violated.

In conjunction with the requirements of other provisions of this division and the zoning code with respect to site plan review prior to the start of any construction or upon application of any building permit, or curb cutting permit (issued by the department of public works), a landscape plan shall be submitted to, reviewed by, and approved by the zoning administrator and the traffic engineer. The landscape plan shall comply with the following requirements and contain the following elements:

(1)

Be drawn to scale, including dimensions and distances, location of all property lines, north arrow, date of preparation and revisions, name of designer/drafter;

(2)

Delineate the location of all buildings, structures and pavement that are proposed or will remain on the site as well as the location of all existing or proposed watercourses, ponds, or lakes;

(3)

Location of any existing or proposed signs, walls, fences, berms (one-foot contour intervals), site furniture, lights, fountains, and sculptures on the site;

(4)

Delineate the existing and proposed parking spaces, or other vehicular areas, access aisles, driveways and similar features;

(5)

Location of all sidewalks or other pedestrian ways that are proposed for or currently adjoin the site;

(6)

Designate by name and location the plant material to be installed or preserved in accordance with the requirements of this division. Plants to be installed should be shown at one-half of mature size;

(7)

Identify and describe the location and characteristics of all other landscape materials to be used. Include a plant list that describes the common name (available in any nursery catalog), quantity, and size at installation for each proposed plan;

(8)

Show all landscapes features, including areas of vegetation to be preserved, in context with the location and outline of existing and proposed buildings and other improvements on the site, if any. In instances where healthy plant material exists on a site prior to its development, in part or in whole, the requirements may be adjusted to allow credit for such plant material if such an adjustment is in keeping with and will preserve the intent of this ordinance.

(9)

Include tabulation clearly displaying the relevant statistical information necessary for the zoning administrator to evaluate compliance with the provisions of this division. This includes gross acreage, area of preservation areas, number of trees to be planted or preserved, square footage of paved areas, and such other information as the zoning administrator may require.

(e)

Installation and maintenance of landscaping:

(1)

Immediately upon planting, all trees shall conform to the American Standard for Nurserymen, published by the American Association of Nurserymen, Inc. as revised from time to time.

(2)

All new landscaped areas shall be installed prior to the occupancy or use of the premises or if the time of the season or weather conditions are not conductive to planting, the zoning administrator may authorize a delay for such planting up to six months after occupancy or use of the buildings or premises. Dead plant material shall be replaced in a timely fashion with living plant material, taking into consideration the season of the year, and shall have at least the same quality of landscaping as initially approved.

(3)

The owner of the premises shall be responsible for the care, maintenance, repair of all landscaping, fences, and other visual barriers including refuse disposal area screens etc. All landscaping and screening shall be maintained in a healthy, neatly trimmed, clean and weed-free condition. The ground surface of landscaped areas shall be covered with either grass and/or other types of pervious ground cover located beneath and surrounding the trees and shrubs.

(4)

All required shrubs and trees shall be mulched and maintained to a minimum depth of three inches with shredded hardwood bark, cypress, or gravel mulch. Plant groups shall be mulched in a continuous bed in which the edge of the mulching bed does not extend any more than four feet beyond the edge of the plantings. When required shrubs or trees are planted individually and away from nearby plants, they shall be encircled in a mulched area with a diameter of no more than five feet. Evergreen trees are allowed a mulched circle with a diameter large enough to accommodate the spread of the tree and up to four additional feet of mulch beyond the edge of the tree. All mulch proposed to be placed within or directly adjacent to a parking lot shall be shredded hardwood bark or cypress mulch. Gravel mulch is not permitted within or directly adjacent to parking lots. Mulch shall be applied as a weed barrier. Plastic sheeting is not permitted as weed barrier.

(5)

Penalty for noncompliance with maintenance standards. A property owner, notified by the zoning administrator, that their landscaping violates the provisions of this section shall be granted a reasonable period of time within which to restore or replace said plant material, fence, wall and/or other barrier. If said violation is not corrected within the given period of time, the property owner shall be subject to a fine as set forth in section 155.999.

(f)

Calculation of minimum requirements. The amount of all required landscaping shall be calculated by utilizing the point system described herein. If the applicant decides to create a landscape design by a different means than the point system, they may do so through the alternative compliance provisions described below. The landscaping requirements of this Article shall be based on formulas found herein. The requirements for a given yard or parking lot shall be the total of all equations listed under the applicable section.

In calculating any requirement in this section, should a fraction result of one-half (0.5) or greater, it shall be rounded up to the next whole number.

(1)

The following point allocations shall apply for all required landscaping:

(2)

Incentives for preserving existing landscaping. Existing landscaping that is in a vigorous growing condition and is not specifically prohibited by this ordinance may count toward meeting the point requirements of this ordinance. Furthermore, the following plant materials will be awarded five additional points (added to base value) per tree when preserved:

Additional points may be credited to the owner of "monumental, historic, champion or rare" trees. The specific point value shall be determined by the city arborist, at the recommendation of the tree commission.

(3)

Incentive for planting larger landscaping. Planting of landscaping larger than the minimum required sizes specified in section 155.480 b.(ii) will be rewarded with five additional points (added to base value) per tree when the proposed sizes are as follows:

(4)

Incentive for planting native plant materials and/or recommended trees. Use of plant materials identified as "native" to the area by the Illinois Department of Natural Resources Natural History Survey and/or trees listed in the Top 10 Tree List recommended by the Springfield Tree Commission and/or the State Tree (White Oak) will be rewarded with five additional points (added to base value) per tree, three additional points per shrub, and one point per ground cover or perennial plant.

(5)

Alternative compliance. Petitioners may choose to follow the point system described above or to submit a landscape plan to the zoning administrator under the alternative compliance provisions of this section. The alternative compliance provisions are intended to give the petitioner the flexibility needed to respond to unique site issues and still meet the intent of this article.

(6)

Basis for review. Landscape plans submitted through the alternative compliance process shall fully achieve the Performance Standards and Landscape Plan Requirements as described in subsections (c) and (d).

See Appendix for sample of calculations and forms.

(g)

Front yard, corner side yard and through lot landscaping. All developed zoning lots other than those zoning lots that are located within a single-family zoning district or zoning lots developed as single-family or duplex, shall provide front and corner side yard landscaping as provided for in this section. (Three or more townhouses and condominiums shall not be considered as single-family or duplexes).

(1)

The number of points that must be achieved through landscaping for front and corner side yards shall be based on the overall length of the lot frontage as measured along the property line divided by two. For example, if the front or corner side lot frontage of a property is 220 feet in length, and then 110 points must be achieved through landscaping. One-half of the points for front and corner side yard landscaping must be achieved by utilizing plants from the tree classification and one-half must be from the shrub or ground cover classification.

(2)

Front yard, corner side yard and through lot frontage landscaping shall be planted in the required front yard, corner side yard and through lot yard. If there is additional area between the required front or corner side yard and the closest on-site parking lot or building all or some of the required landscaping may be planted within such area subject to approval by the zoning administrator.

(h)

Parking lot landscaping. The number of points that must be achieved for parking lots through landscaping shall be equal to the total number of parking spaces provided. The points may be achieved through the use of any combination of trees, ground cover and/or shrubs.

(1)

When a parking lot has less than 100 parking spaces the landscaping may be placed within interior curbed parking islands and/or within ten feet of the perimeter of the parking lot.

(2)

When a parking lot has 100 or more parking spaces, one-half of the required points shall consist of canopy (medium-tall) trees planted in curb islands within the interior of the parking lot. The intent of this provision is to break up large expanses of pavement and to provide shading by locating canopy (medium-tall) trees away from the perimeter and within the interior of parking lots. Except in the S-1, S-2, S-3 and B-1 districts, canopy (medium or tall) trees shall be planted in the islands.

(3)

Parking lot islands shall be curbed with concrete, asphalt or a functionally equivalent material that must be approved by the zoning administrator. The following materials are not considered functionally equivalent to concrete curbs and are therefore unacceptable for use as curbs within the City of Springfield:

Landscape timbers

Railroad ties

Wood/lumber

Concrete wheel stops

(4)

The minimum area for planting all types of trees within parking lots shall not be less than 153 square feet. Shade trees and intermediate trees shall not be planted in any area with a width of less than five feet. Evergreen trees shall not be planted in an area with a width of less than ten feet. Shrubs and ground cover shall not be planted in areas with a width of less than two feet. When plants are proposed to be planted within curbed islands or adjacent to curbs, the width of such planting areas shall be measured from inside of curbs. The locations of the parking lot landscaping will be subject to review by the zoning administrator.

(5)

No landscaping or walls that exceed 24 inches in height shall be located within ten feet of any parking lot access drive or otherwise located so as to interfere with the sight distance visibility of vehicular traffic or pedestrians.

(6)

Walls and fences shall be wrought iron, or simulated wrought iron, wood, stucco or architectural quality brick, stone or textured and pigmented concrete that is compatible within the adjoining building design and architectural integrity of the area.

(7)

Vehicles may not overhang the minimum required landscape area. However, planting areas adjacent to parking may be increased by a minimum of two feet, exclusive of the curbing, to allow vehicles to overhang. The adjacent parking space overhanging the planting area may be reduced in size by the same amount, and the parking space overhanging the planting area shall not be required to provide wheel stops in addition to the curbing. Any plant material in the planting area shall be located outside the overhang area and out of the way from danger from vehicles, or shall be ground cover material, no greater than 12 inches in height at maturity.

(8)

Other applicable regulations. All other applicable regulations for parking lots apply. The Illinois Accessibility Code will be enforced for all parking lots.

(i)

Transitional buffer yard requirement and landscaping.

Office, commercial and industrial zoning lots which abut, or, in the absence of an alley, would abut any residential zoning lot or district shall be required to provide a transitional buffer yard (TBY) unless otherwise provided for in this article.

Multi-family zoning lots which abut, or in the absence of an alley, would abut any single-family, or duplex zoning lot or district, are also required to provide a TBY.

(1)

Depth of yard. The nonresidential lots, as described above, is required to have a TBY that is 5% of the lot width or depth, whichever is applicable. However, no (TBY) shall be less than ten feet.

The maximum required TBY in an office district shall be ten feet.

The maximum required TBY in the S-1, S-2, S-3 or B-1 districts shall be 20 feet.

The maximum required TBY in the B-2, I-1 or I-2 districts shall be 30 feet.

(2)

Reduction of TBY requirements. In those cases where the residential zoning lot adjoining or across the alley from the subject nonresidential zoning lot has been developed as single, duplex or multi-family residential, the zoning administrator shall have the authority to reduce the TBY requirements. This authority may be exercised when the zoning administrator determines that the proposed reduction will not have a negative impact on the subject residential lot.

(3)

Prohibited materials in TBY. Any TBY required pursuant to this ordinance shall be maintained as a planted or landscaped area only. No driveways, refuse containers, storage, aisle ways, vehicular maneuvering area, mechanical equipment, sidewalks materials other than landscaping, or structures of any form shall be located within any required TBY. However, if any emergency exit into the TBY area is required by a code, a concrete pad of no more than 23 square feet may be placed at grade level immediately outside of the required exit.

(4)

Utility structures. Utility structures may be permitted in a TBY on a case by case basis and only through the alternative compliance provisions of this article.

(5)

Determination of required plant materials for transitional buffer yards.

(i)

The number of points that must be achieved through landscaping in a TBY shall be based on the overall length of the TBY as measured along the TBY property line. For example, if the property line running the length of the TBY is 180 feet long, then 180 points must be achieved through landscaping.

(ii)

One-half of the points for TBY landscaping must be achieved by utilizing plants from the tree classification and one-half must be from the shrub or ground cover classification.

(iii)

One half of the total points for TBY landscaping must also be evergreen or broadleaf evergreen plantings.

(iv)

All shade trees in a TBY must be 1¾ inches caliper size or larger.

(j)

Screening of activity areas.

(1)

On-site activity areas as described below that are adjacent to a required TBY are required to be visually screened with a fence, wall, berm, evergreen planting or combination thereof which achieves a substantially solid six-foot visual barrier. If a fence or wall is used to meet this requirement, it must be located between the activity area and the TBY. Topography and adjacent uses shall be taken into account to determine the most effective means of screening. This visual barrier shall be required when all or any portion of the subject site that is adjacent to the required TBY is planned or used for the following activities:

Refuse container/dumpster loading, unloading, or storage;

Storage of materials or merchandise;

Loading or unloading of goods;

Production, assembly, processing, or demolition of goods;

Parking, temporary or permanent of vehicles.

(i)

These requirements shall be in addition to all other landscaping requirements of any type.

(ii)

When plantings are utilized to meet this requirement, they must be capable of achieving a substantially solid visual barrier within two years from the date of the issuance of a Certificate of Occupancy by the City of Springfield.

(2)

Refuse disposal area screens. Other than in the downtown district, all refuse disposal areas shall be screened from public view by a solid, commercial-grade wood fence, wall, or equivalent material or compact evergreen plantings with a minimum height of six feet and not greater than eight feet in accordance with the provisions of section 155.069, Fences.

(3)

Screening for scrap, junk, salvage, reclamation or similar yards. Any scrap, junk, salvage, reclamation or similar yard, or any auto salvage yard shall provide a solid fence or wall on all lot lines with only such openings as are necessary for ingress or egress. Said fence or wall shall be maintained in a neat and orderly appearance and shall be of such height that any materials stored within the confines of the fence cannot be seen above a line of sight established between a point 4½ feet above the centerline of the street nearest to that fence, and the top of said fence.

(k)

Site and parking area lighting requirements.

(1)

Scope of provisions. Lights shall be installed in all parking areas containing five or more parking spaces and shall be illuminated between dusk and dawn whenever said premises are open for operation. Open for operation shall be any time that a retail business is open for the sale of goods or services or a retail or office actually has employees working within or upon said premises, other than guards, watchmen, or home occupation. For all parking areas with more than 20 parking spaces, the illumination may be provided through the use of a pole mounted light fixtures. Building mounted fixtures shall be primarily for aesthetic and security purposes and shall comply with general standards as noted below.

(2)

Definitions.

(i)

Stray light produced within the eye by luminance source (usually light source) within the field of view.

(ii)

Full cut-off type fixture. A luminaire or light fixture that by the design of the housing, does not allow any light dispersion or direct glare to shine above a 90-degree, horizontal plane from the base of the fixture. Full cut-off fixtures must be installed in a horizontal position as designed, or the purpose of the design is defeated, and disability glare will result.

(iii)

Light trespass. Light from an artificial light source that is intruding into or spills over to adjoining sites, streets, public and private property.

(iv)

Up lighting. Any light source that distributes illumination above a 90-degree horizontal plane.

(3)

General standards.

(i)

Site lighting shall include all lighting on property, other than lighting within a fully enclosed building.

(ii)

Site lighting fixtures shall be compatible with the building design and the adjoining landscape and shall not be used in such a manner as to turn the building itself into "signage".

(iii)

Parking lot poles/fixtures of the same style, height, color and intensity of lighting shall be used throughout the development area. Varying styles of fixtures may be permitted if it is demonstrated that the styles contribute to an overall theme for the area.

(iv)

Site lighting shall not result in light trespass by spilling over to adjacent sites or properties.

(v)

Site lighting shall not result in disability glare that is directed toward or reflected onto adjoining properties.

(vi)

Site lighting shall not result in disability glare that is directed toward or reflected onto streets, or interior drives where such glare could negatively impact vehicular or pedestrian safety.

(vii)

Except when displaying the flags of the United States of America, State of Illinois or City of Springfield or as may be provided elsewhere in this section, site lighting shall at no time be directed upward (up lighting), in a radiating pattern and/or moving or sweeping pattern, or at any angle which will light surfaces other than building walls, parking or pedestrian areas, and landscaped area, and shall not create lighting patterns which will direct light toward residential areas.

(viii)

All site lighting shall be installed utilizing underground cable.

(ix)

Except where otherwise provided, fixture heads shall be of full cut-off type which controls the lighting pattern and shields abutting property from direct view of the light source.

(x)

Site lighting, other than security lighting, shall be turned off when a facility is closed, vacant or otherwise occupied solely by security employees.

(xi)

Outdoor display lots for vehicles and similar sales facilities shall reduce display fixture illumination within 30 minutes after closing so the remaining illumination level are sufficient for security purposes only; however, that any illumination used after 11:00 p.m. shall be reduced to levels sufficient for security purposes only.

(4)

Plan submission requirements. Detailed drawings of all exterior light fixtures including the angle at which they are mounted, in relationship to grade and a site plan showing their location shall be submitted with each building permit application, of which the light fixtures are a part of.

A photometric pattern, showing the foot-candle value at all property lines shall be submitted within 90 days following the application of a each building permit, if the scope of work includes the installation of exterior lighting.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04)

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

Adult-use cannabis craft grower. 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, and subsequent amendments.

Adult-use cannabis cultivation center. 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, and subsequent amendments.

Adult-use cannabis dispensing organization. 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, and subsequent amendments.

Adult-use cannabis infuser organization or infuser. 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, and subsequent amendments.

Adult-use cannabis processing organization or processor. 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, and subsequent amendments.

Adult-use cannabis transporting organization or transporter. 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, and subsequent amendments.

Area zoned for residential use. Means the R-1, R-2, R-3(a & b), R-4, R-5 (a & b), PUD and OFF zoning districts, as well as similar districts in adjacent jurisdictions.

Cannabis. Has the meaning given that term in the Illinois Cannabis Regulation and Tax Act and the Illinois Compassionate Use of Medical Cannabis Pilot Program Act and any subsequent amendments.

Enclosed, locked facility. A room, greenhouse, building, or other enclosed area equipped with locks or other security devices that permit access only by a cultivation center's or a craft grower's agents or a dispensing organization's agents working for the registered cultivation center or the registered dispensing organization to cultivate, store, and distribute cannabis as per the Illinois Cannabis Regulation and Tax Act and the Illinois Compassionate Use of Medical Cannabis Act, and any subsequent amendments.

Medical cannabis cultivation center, or cultivation center. A facility operated by an organization or business that is registered by the Illinois Department of Agriculture under the Illinois Compassionate Use of Medical Cannabis Act and any subsequent amendments to perform necessary activities to provide registered medical cannabis dispensing organizations within the State of Illinois with usable medical cannabis.

Medical cannabis cultivation center agent(s) and/or medical cannabis dispensing organization agent(s). Shall be defined as provided in the Illinois Compassionate Use of Medical Cannabis Act and subsequent amendments.

Medical cannabis cultivation center or dispensing center registration, or registration. A registration issued by the Illinois Department of Agriculture for the operation of a medical cannabis cultivation center or the Illinois Department of Financial and Professional Regulation for the operation of a medical cannabis dispensing organization subject to the provisions of the Illinois Compassionate Use of Medical Cannabis Act and subsequent amendments.

Medical cannabis dispensing organization, or dispensing organization, or dispensary. A facility operated by an organization or business that is registered by the Illinois Department of Financial and Professional Regulation under the Illinois Compassionate Use of Medical Cannabis Act and subsequent amendments, to acquire medical cannabis from a registered cultivation center for the purpose of dispensing cannabis, paraphernalia, or related supplies and educational materials to registered qualifying patients.

Pre-existing. Existing as of the date of submission of a petition for the zoning of a cultivation center or dispensing organization to the City of Springfield Zoning Administrator.

On premise area for consumption. An on premise area to consume cannabis in conjunction with an adult-use cannabis dispensing organization or a dispensing organization as defined by the Illinois Cannabis Regulation and Tax Act and any subsequent amendments.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19)

The purpose of these regulations is to provide a uniform and comprehensive set of standards for the location and development of facilities intended for the production and distribution of medical cannabis and adult-use cannabis as provided in the Illinois Cannabis Regulation and Tax Act and the Illinois Compassionate Use of Medical Cannabis Act, and any subsequent amendments. The intent of these regulations is to protect the public health, safety and community welfare while allowing the development of centers for the regulated and controlled production and distribution of cannabis for medical purposes, and adult-use cannabis purposes while ensuring that the provisions of state and city law are met.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19)

Medical cannabis cultivation centers, adult-use cannabis cultivation centers, adult-use cannabis infusers, adult-use transporting organizations and adult-use processing organizations shall be conditional permitted uses in the I-1 and I-2 industrial zoning districts on single parcels of land. Medical cannabis dispensing organizations and adult-use cannabis dispensing organizations shall be conditional permitted uses in the S-3, B-1, B-2, I-1 and I-2 zoning districts on single parcels of land. Adult-use cannabis cultivation centers and adult-use craft growers shall be a conditional permitted use in B-1, B-2, I-1, and I-2 zoning districts. On premise area for consumption shall be a conditional permitted use in the S-3, I-1, and I-2 zoning districts.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

Cultivation centers, dispensing organizations, adult-use cultivation centers, adult-use dispensing organizations, adult-use craft growers, adult-use cannabis infusers, adult-use transporting organizations and adult-use processing organizations shall conform to and meet all regulations established by the State of Illinois and the City of Springfield. Nonconformance may be considered a dissolution of use, allowing for the revocation of zoning.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19)

Cultivation centers and adult-use cultivation centers shall be considered a principal use. Nor shall they be established on multiple use property, or on a property that shares parking with other uses. They shall not be located on the same parcel as the offices of a physician or other medical provider, nor shall they share a facility that includes the offices of a physician or other medical provider. Dispensing organizations, adult-use dispensing organizations, adult-use craft growers, adult-use infusers, adult-use cannabis processing organization, and adult-use cannabis transporting organization shall follow the zoning rules for the zoning district in which it is located.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

All policies, procedures and standards of sections 155.172—155.211.6 (conditional permitted uses) shall apply except as otherwise noted in this section; provided, however, that no petition shall be required for an adult-use cannabis dispensing organization if such dispensing organization has previously been granted a conditional permitted use for a medical cannabis dispensing organization in an S-3 zoning district and was licensed prior to July 1, 2019 under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.). In addition to other information that may be required of a zoning petition by the zoning administrator, the petition for a conditional permitted use (CPU) under this section shall include:

(1)

Relevant parties. The name(s), address(es), and phone numbers(s) of the owner(s), operator(s) and agents(s) of the cultivation center or dispensary.

(2)

Site plan. A site plan of the cultivation center, dispensary, or adult-use cannabis business establishment drawn to scale, showing:

(a)

Boundaries of the facility site and parcel on which the facility will be located;

(b)

Nature of the structure to be used for the purpose of medical cannabis or adult-use cannabis business establishment production or distribution;

(c)

Demonstration that the facility meets the conditions for an enclosed, locked facility;

(d)

Distance from all facilities and uses requiring setbacks as described in section 155.496(a) and section 155.497(a);

(e)

All locally required perimeter setback lines;

(f)

Public access roads and the location of access drives into the site with respect to their creating traffic or security hazards;

(g)

Location of all existing structures on the site with their uses identified;

(h)

Current uses, zoning, public roads and structures adjacent to the site;

(i)

Location of video surveillance equipment;

(j)

Proposed lighting of the premises;

(k)

Proposed signage for the premises;

(l)

Location, height and nature of any fences or any other barriers meant to provide security for the site;

(m)

Nature and adequacy of supervision and security at the site.

(3)

Setbacks. Evidence demonstrating that the cultivation center or dispensing organization or adult-use cannabis business establishment would meet all requirements of state law regarding setbacks required in the Illinois Cannabis Regulation and Tax Act and the Illinois Compassionate Use of Medical Cannabis Act and any subsequent amendments.

(4)

State fees. Evidence demonstrating that all state required fees have been or can be paid.

(5)

Limitation of liability. At the time of submission of a zoning petition under this section, the petitioner shall submit a written acknowledgement that the petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the City of Springfield and the city's employees and agents, including that: The City of Springfield shall not be liable to the cultivation center or dispensing organization, cultivation center's or dispensing organization's employees, qualifying patients or caregivers, qualifying patient's or caregiver's employer or employees, family members or guests, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used pursuant to the Compassionate Use of Medical Cannabis Pilot Program, including, but not limited to, the following: Arrest, seizure of persons or property, prosecution pursuant to federal or state laws, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other registrants or persons. This limitation of liability provision shall survive expiration or the early termination of the registration if the registration is granted, or dissolution of use or any subsequent change in zoning.

At the time of submission of a zoning petition under this section, the petitioner shall submit a written acknowledgement that the petitioner agrees to and accepts the limitations of liability and the requirement to indemnify, hold harmless and defend the City of Springfield and the city's employees and agents, including that: The City of Springfield shall not be liable to the adult-use cannabis business establishment's employees, customers, customer's employer or employees, family members or guests, for any damage, injury, accident, loss, compensation or claim, based on, arising out of, or resulting from the property for which the zoning is requested being used pursuant to the Illinois Cannabis Regulation and Tax Act, including, but not limited to, the following: Arrest, seizure of persons or property, prosecution pursuant to federal or state laws, any fire, robbery, theft, mysterious disappearance or any other casualty; or the actions of any other registrants or persons. This limitation of liability provision shall survive expiration or the early termination of the registration if the registration is granted, or dissolution of use or any subsequent change in zoning.

(6)

Provision of notice. At the time of submission of a zoning petition under this section, the petitioner shall submit a signed statement certifying that the petitioner has actual notice that, notwithstanding state law and any action by the City of Springfield, that:

(a)

Cannabis is a prohibited Schedule I controlled substance under federal law;

(b)

Participation in either the Illinois Cannabis Regulation and Tax Act or the Compassionate Use of Medical Cannabis Pilot Program is permitted only to the extent provided by the strict requirements of the Act and subsequent implementing regulations;

(c)

Any activity not sanctioned by either the Illinois Cannabis Regulation and Tax Act or the Medical Cannabis Pilot Program Act and its subsequent implementing regulations may be a violation of state law and may result in the revocation of zoning;

(d)

Growing, distribution or possessing cannabis in any capacity, except through a federally-approved research program, is a violation of federal law;

(e)

Use of medical cannabis or adult-use cannabis may affect an individual's ability to receive federal or state licensure in other areas;

(f)

Use of medical cannabis or adult-use cannabis, in tandem with other conduct, may be a violation of state or federal law;

(g)

Participation in the Compassionate Use of Medical Cannabis Pilot Program or the Illinois Cannabis Regulation and Tax Act or approval of zoning by the City of Springfield does not authorize any person to violate federal or state law and, other than as set out in Section 25 of the Compassionate Use of Medical Cannabis Pilot Program Act or the Illinois Cannabis Regulation and Tax Act does not provide any immunity from or affirmative defense to arrest or prosecution under federal or state law; and

(h)

Petitioners for the zoning of cultivation centers, dispensaries or adult-use cannabis business establishment by the City of Springfield shall indemnify, hold harmless, and defend the City of Springfield for any and all civil or criminal penalties resulting from participation in the Compassionate Use of Medical Cannabis Pilot Program [and] the Illinois Cannabis Regulation and Tax Act.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19)

(a)

Location. No cultivation center or adult-use cannabis business establishments except adult-use dispensary, adult-use craft grower, adult-use cannabis transporting organization, adult-use cannabis processing organizations and adult-use cannabis infuser organization shall be located within 1,000 feet of the property line of a pre-existing public or private pre-school or elementary or secondary school or day care center, day care home, group day care home, part day care facility, or an area zoned for residential use. Such distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. No adult-use craft grower or adult-use cannabis processing organization shall be located within 1,000 feet of the property line of a pre-existing public or private pre-school or elementary or secondary school or day care center, day care home, group day care home, part day care facility, or an area zoned for residential use. No adult-use cannabis transporting organization or adult-use cannabis infuser organization shall be located within 500 feet of the property line of a pre-existing public or private pre-school or elementary or secondary school or day care center, day care home, group day care home, part day care facility, or an area zoned for residential use. Such distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. This requirement, except in the case of an adult-use cannabis transporting organization, shall not be subject to variance. The setback for an adult-use cannabis business establishment may be granted a variance of up to 50% of the allowable setback if there is a four-lane divided highway, an active railroad track with at least two tracks or another physical separation such as a body of water not linked by a bridge at least 150 feet wide. The setback for an adult-use cannabis business establishment may be granted a variance of up to 15% of the allowable setback if there is a condition warranting a setback of a different nature than those specified in the preceding sentence. These setback allowances shall not apply to cultivation centers. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the city zoning administrator.

(b)

Setback from other cultivation centers, dispensaries, and adult-use cannabis business establishments. No cultivation center or adult-use cannabis business establishments, except adult-use dispensary, adult-use craft grower, adult-use cannabis transporting organization, adult-use cannabis processing organization, and adult-use cannabis infuser, may be located within 1,500 feet of another cultivation center, dispensary, or adult-use cannabis business establishment absent demonstration of a variance provided by the Illinois Department of Agriculture or the Illinois Department of Financial and Professional Regulation. Such setback shall be measured from property line to property line. Such distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. This requirement shall not be subject to variance. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the city zoning administrator. Notwithstanding the foregoing, one or more adult-use cannabis business establishments may be located in the same building on a property provided each adult-use business establishment revises a variance from the city and any necessary variance provided by the Illinois Department of Agriculture or the Illinois Department of Financial and Professional Regulation.

(c)

Perimeter setbacks of structures on a site. Unless otherwise limited under this chapter, the perimeter setback for a cultivation center or adult-use cannabis business establishment except adult-use dispensary shall be the same as that of the zoning district in which it is located.

(d)

Minimum yard requirements. Unless otherwise limited under this chapter, cultivation centers or adult-use cannabis business establishments except adult-use dispensary must meet the requirements for the zoning district in which it is located.

(e)

Parking. Cultivation centers or adult-use cannabis business establishments except adult-use dispensary shall minimally have three visitor parking spaces and one parking space per employee per shift. Unless otherwise provided in this chapter, the parking area shall meet all requirements for off-street parking and loading applicable to the zoning district in which it is located. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by cultivation center or adult-use cannabis business establishment except adult-use dispensary staff and continually recorded in a tamper proof format.

(f)

Exterior signage.

(1)

Other than the signs as specified in subsections (h)(3) and (4) of this section, all signage shall be limited to one flat wall sign not to exceed ten square feet in area, and one identification sign not to exceed two square feet. This identification sign may only include the cultivation center['s] or adult-use cannabis business establishment[']s address [excepting adult-use dispensary]. Signage shall not be directly illuminated.

(2)

Electronic message boards and temporary signs are not permitted.

(3)

Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts, or any realistic or stylized graphical representation of drug paraphernalia, or cartoonish imagery oriented toward youth.

(g)

Age and access limitations. It shall be unlawful for any cultivation center or adult-use cannabis business establishment except adult-use dispensary to allow any person who is not at least 21 years of age on the premises. Cultivation centers or adult-use cannabis business establishments except adult-use dispensary shall not employ anyone under the age of 21 years. Access shall be limited exclusively to cultivation center or adult-use cannabis business establishment except adult-use dispensary staff and local and state officials and those specifically authorized under the Compassionate Use of Medical Cannabis Pilot Program and the Illinois Cannabis Regulation and Tax Act and any subsequent amendments.

(h)

Security and video surveillance.

(1)

The cultivation center or adult-use cannabis business establishment except adult-use dispensary shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft. The facility shall be enclosed by high security fence. The fence must be adequately secure to prevent unauthorized entry and include gates tied to an access control system.

(2)

The cultivation center or adult-use cannabis business establishment except adult-use dispensary parking area, cultivation, production, warehousing areas and shipping bays and entrance shall be monitored by video surveillance equipment whose live images can be viewed by cultivation center staff and continually recorded in a tamper proof format.

(3)

A sign shall be posted in a prominent location at each entrance to the facility which reads: "These premises are under constant video surveillance."

(4)

A sign shall be posted in a conspicuous location at each entrance to the facility that reads: "Persons under 21 years of age not permitted on these premises."

(5)

The zoning administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from the City of Springfield Police Chief.

(6)

The loading of product shall occur within secure enclosed shipping bays and shall not be visible from the exterior of the building.

(7)

A medical cannabis cultivation center or adult-use cannabis business establishment except adult-use dispensary shall report all criminal activities to all appropriate law enforcement agencies immediately upon discovery.

(i)

Noxious odors. Cultivation centers or adult-use cannabis business establishments except adult-use dispensary shall operate in a manner that prevents odor impacts on neighboring properties and, if necessary, the facility shall be ventilated with a system for odor control approved by the Sangamon County Department of Public Health.

(j)

Conduct on site. It shall be unlawful to engage in the retail sale of medical cannabis or medical cannabis infused products at or on the site of a cultivation center. It shall also be unlawful to cultivate, manufacture, process or package any product, other than medical cannabis and medical cannabis infused products, at a cultivation center. It shall be unlawful to engage in the retail sale of adult-use cannabis or adult-use cannabis infused products at or on the site of adult-use cannabis business establishments except adult-use dispensary. It shall also be unlawful to cultivate, manufacture, process or package any product, other than adult-use cannabis and adult-use cannabis infused products at an adult-use cannabis business establishments except adult-use dispensary.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-021, § 1(Exh. A), 5-19-20; Doc. No. 2020-054, § 1(Exh. A), 1-19-21; Doc. No. 2023-041, § 1(Exh. A), 11-21-23)

Editor's note— Ord. No. 2019-057, § 1(Exh. A), adopted Nov. 19, 2019, changed the title of § 155.496 from special requirements for cultivation centers to special requirements for cultivation centers and adult-use cannabis business establishments except adult-use dispensary.

(a)

Location. No dispensing organization or adult-use dispensing organization located in the B-1, B-2, I-1, or I-2 zoning districts shall be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, church, park, group day care home, or part day care facility; provided, however, that none of the requirements contained in this subsection shall apply to a dispensing organization licensed under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) as a medical cannabis dispensing organization prior to July 1, 2019. It may not be located in a house, apartment, condominium, the offices of a physician, or an area zoned for residential use. Such distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the city zoning administrator.

Additionally, dispensing organizations or adult-use dispensing [organizations] located in the B-1, B-2, I-1, or I-2 zoning districts shall be a minimum of 1,500 feet from all other dispensing organizations or adult-use dispensing organizations as measured from the parcel boundaries.

No dispensing organization or adult-use dispensing organization located in the S-3 zoning district shall be located within 1,000 feet of the property line of a pre-existing public or private preschool or elementary or secondary school or day care center, day care home, group day care home, or part day care facility. It may not be located in a house, apartment, condominium, the offices of a physician, or an area zoned for residential use. These requirements shall not be subject to variance. Such distances shall be measured linearly and shall be the shortest distance between the closest points of the property lines of the places. If a boundary line measured touches upon any portion of a parcel or lot, the parcel or lot shall be within the area being identified by the city zoning administrator.

Additionally, dispensing organizations or adult-use dispensing [organizations] located in the S-3 zoning district shall be a minimum of 1,000 feet from all other dispensing organizations or adult-use dispensing organizations, unless the dispensing organization is also issued an adult-use dispensing organization license by the state, as measured from the parcel boundaries.

(b)

Reserved.

(c)

Parking. The dispensary or adult-use dispensary shall have a minimum of one parking space per employee, and one for every 200 square feet available to the public; provided, however, that none of the requirements contained in this sub-paragraph shall apply to a dispensing organization licensed under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/1 et seq.) as a medical cannabis dispensing organization prior to July 1, 2019. Unless otherwise provided in this section, the parking area shall meet all requirements for off-street parking and loading. Parking shall be located in an area which is visible from a public road that is accessible to the public. It may not be screened from the roadway with vegetation, fencing or other obstructions, but such may be allowed with the presentation of evidence of a safety or security need. Parking areas shall be well lit and monitored by video surveillance equipment whose live images can be viewed by dispensing organization staff and continually recorded in a tamper proof format.

(d)

Exterior display. No medical cannabis dispensary or adult-use dispensary shall be maintained or operated in a manner that causes, creates or allows the public viewing of medical cannabis, adult-use cannabis, medical cannabis infused products, adult-use cannabis infused products, cannabis paraphernalia or similar products from any sidewalk, public or private right-of-way, or any property other than the lot on which the dispensary or adult-use dispensary is located. No portion of the exterior of the dispensary or adult-use dispensary shall utilize or contain any flashing lights, search lights, spot lights, or any similar lighting system.

(e)

Exterior signage.

(1)

All exterior signs shall conform to the provisions set forth in article XV of the City of Springfield Municipal Code. Exterior signs of the dispensary or adult-use dispensary building shall not obstruct the entrance or windows of the dispensary.

(2)

Electronic message boards and temporary signs are not permitted.

(3)

Signs shall not include any realistic or stylized graphical representation of the cannabis plant or its parts, smoke, any realistic or stylized graphical representation of drug paraphernalia, or cartoonish imagery oriented toward youth.

(4)

A sign shall be posted in a conspicuous place at or near all dispensary or adult-use dispensary entrances and shall include the following language: "Persons under the age of 21 are prohibited from entering." The required text shall be no larger than one inch in height.

(f)

Drug paraphernalia sales. Medical cannabis dispensaries or adult-use cannabis dispensaries that display or sell drug paraphernalia shall do so in compliance with the Illinois Drug Paraphernalia Control Act and the Illinois Compassionate Use of Medical Cannabis Pilot Program Act and the Illinois Cannabis Regulation and Tax Act and any subsequent amendments.

(g)

Hours of operation. Cannabis and adult-use dispensaries shall operate only between the hours of 6:00 a.m. and 10:00 p.m.

(h)

Age and access limitations. It shall be unlawful for any cannabis or adult-use cannabis dispensary to allow any person who is not at least 21 years of age on the premises. Dispensaries or adult-use dispensaries shall not employ anyone under the age of 21 years. Access shall be limited exclusively to dispensary or adult-use dispensary staff, customers, local and state officials and those specifically authorized under the Illinois Compassionate Use of Medical Cannabis Pilot Program Act and the Illinois Cannabis Regulation and Tax Act and any subsequent amendments.

(i)

Security and video surveillance.

(1)

The cannabis dispensary or adult-use dispensary shall be an enclosed, locked facility and shall provide and maintain adequate security on the premises, including lighting, video surveillance and alarms reasonably designed to ensure the safety of persons and to protect the premises from theft.

(2)

The dispensary or adult-use dispensary parking area, client entrance, sales area, back room, storage areas, and delivery bay and entrance shall be monitored by video surveillance equipment whose live images can be viewed by dispensary or adult-use dispensary staff and continually recorded in a tamper proof format.

(3)

A sign shall be posted in a prominent location which includes the following language: "These premises are under constant video surveillance."

(4)

The zoning administrator shall review the adequacy of lighting, security and video surveillance installations with assistance from the City of Springfield Police Department.

(5)

A cannabis dispensary or adult-use dispensary shall report all criminal activities to all appropriate law enforcement agencies immediately upon discovery.

(6)

Deliveries shall occur during normal business hours within a secure enclosed delivery bay. No delivery shall be visible from the exterior of the building.

(j)

Conduct on site.

(1)

Residential co-location. No person shall reside in or permit any person to reside in a dispensary or adult-use dispensary or on the property of same.

(2)

Drive-through services. Drive thorough services shall be prohibited. This regulation shall not be varied.

(3)

Outdoor seating. Outdoor seating shall be prohibited.

(4)

Loitering. Loitering is prohibited on dispensary property.

(5)

Smoking and use of cannabis products. It shall be prohibited to smoke, inhale, or consume cannabis products in the cannabis dispensary or adult-use dispensary or anywhere on the property occupied by the dispensary or adult-use dispensary. A sign, at least 8.5 inches by 11 inches, shall be posted inside the dispensary or adult-use dispensary building in a conspicuous place and visible to a client or customer and shall include the following language: "Smoking, eating, drinking or other forms of consumption of cannabis products is prohibited on dispensary property." However, a dispensing organization or adult-use dispensing organization may have an on-premises consumption area located within or adjacent to a licensed dispensing organization or adult-use licensed dispensing organization provided that they obtain a conditional permitted use in accordance with this chapter.

(6)

Noxious odors. Dispensing organizations, adult-use dispensing organizations and on premise consumption areas operating with a dispensary or an adult-use dispensary shall operate in a manner that prevents odor impacts on neighboring properties and, if necessary, the facility shall be ventilated with a system for odor control approved by the Sangamon County Department of Public Health.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2016-017, § 1(Exh. A), 5-17-16; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2023-041, § 1(Exh. A), 11-21-23)

Editor's note— Ord. No. 2019-057, § 1(Exh. A), adopted Nov. 19, 2019, changed the title of § 155.497 from special requirements for dispensing organizations to special requirements for dispensing organizations or adult-use dispensing organizations.

(a)

Failure to obtain state registration. Should a cultivation center, dispensing organization, or adult-use cannabis business establishment fail to provide evidence to the zoning administrator that the facility has achieved its approval of registration from the State of Illinois within 180 days of the approval of its zoning by the city council, its conditional permitted use shall become null and void, and the zoning of the parcel shall revert to that which existed prior to the city council action which provided the CPU under this section.

Within 90 working days of the date upon which such conditional permitted use was approved, a cultivation center, dispensing organization, or adult-use cannabis business establishment may request of the city council through the zoning administrator an extension of the 180 days for an additional 90 days, upon the provision of evidence providing the cause of the delay and the need for an extension. Such additional extensions may be allowed only at the discretion of the city council.

(b)

Failure to comply with state and city regulations. Should a cultivation center, dispensing organization, or adult-use cannabis business establishment fail to conform to and meet all laws, rules and regulations established by the State of Illinois and the city council pursuant to the production and distribution of medical cannabis and other associated products as allowed under Illinois Compassionate Use of Medical Cannabis Pilot Program Act and the Illinois Cannabis Regulation and Tax Act and any subsequent amendments, this may be considered a dissolution of use, allowing for the revocation of zoning by the city council. Should zoning be revoked, the zoning of the subject parcel shall revert to that which existed prior to the city council action which provided for the CPU under this section.

(c)

Termination of use. Should a cultivation center, dispensing organization, or adult-use cannabis business establishment fail to use the property for the purpose under which the CPU was provided for a period of 180 days, this may be considered dissolution of use, allowing for the revocation of zoning by the city council. Should zoning be revoked, the zoning of the subject parcel shall revert to that which existed prior to the city council action which provided for the CPU under this section.

(d)

Conditional permitted uses and or variances will lapse if the property is not purchased within 90 days of being granted.

(e)

Conditional permitted uses and or variances will lapse if the business is not operational within one year of being granted.

(f)

The city council may, by a majority vote, extend the timeframe for lapsing of conditional permitted uses or variances as provided for in subsection (d) and (e) of this section for a period not to exceed one year.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2023-041, § 1(Exh. A), 11-21-23)

(a)

The fees for making application for an amendment, variance, or permit for conditional permitted use or for a change, enlargement, or extension of a nonconforming use are as follows:

Less than 10,000 sq. ft. of land to be zoned .....$175.00

10,000 to 19,999.99 sq. ft. .....225.00

20,000 to 29,999.99 sq. ft. .....275.00

30,000 to one acre .....325.00

(b)

For parcels larger than an acre, $325 plus $25 per acre or fraction of an acre over the acre.

(c)

The filing fee for variances(s) to accommodate social or recreational devices, including but not limited to pergolas, decks, gazebos, hot tubs, swimming pools and related items, cabanas, basketball backboards and swing sets, shall be $25. Fences are not included in this category, but shall have a filing fee of $35.

(d)

Any petition, which includes requests for two or more forms of relief, shall be subject to a surcharge fee of $50.

(e)

In no instance shall a filing fee exceed $1,000 in total.

(f)

The fee for appeals from any order, requirement, or decision of the zoning administrator to the Springfield Planning and Zoning Commission shall be $175.

(g)

The petitioner shall pay the cost of publishing the newspaper notice.

(h)

All fees shall be nonrefundable.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2005-018, § 1(Exh. A), 5-17-05; Doc. No. 2007-051, § 1(Exh. A), 8-21-07)

Where a building permit was lawfully issued before January l, 1986, and this chapter would make the completed building noncomplying or its intended use nonconforming, construction may nevertheless be continued in accordance with the building permit provided construction is commenced within one year of issuance of the permit.

The regulations of this chapter are in addition to other regulations of the City Code. Nothing in this chapter shall be construed as making lawful any act that is prohibited under any other provision of the City Code or as exempting any person, property, business, or activity from any other regulations in the City Code.

The city council shall, within six months after July 22, 1966, review the zoning map and the text of this chapter, and if, on such review, it determines that the zoning classification of any property should be changed or that the text should be changed in any respect, it shall initiate such amendment or amendments as may be necessary to effect such change. Any such amendment shall be subject to the notice and hearing requirements of sections 155.220 through 155.227 but no formal application or fee shall be required from the affected property owner.

The council shall, periodically review the text of this chapter and the zoning map and may initiate such amendments as it deems necessary to carry out the purposes of this chapter in the light of conditions then existing.

Any person who violates any provisions of this chapter shall be subject to all penalties provided in section 10.99, in addition to any fines, fees, or penalties provided in this chapter.

(a)

No building, structure, or land shall be devoted to any use other than a use designated as a permitted use in the zoning district in which such building, structure, or land is located, except for the following:

(1)

Accessory uses incidental to a permitted use.

(2)

Conditional permitted uses specified in this chapter for which a special permit has been issued in accordance with standards prescribed in sections 155.175 through 155.211 (Conditional permitted uses).

(3)

Lawfully existing nonconforming uses subject to sections 155.150 through 155.168 (Nonconforming uses and noncomplying buildings).

(4)

Seasonal food service establishments where a building permit has been validly issued. A building permit shall not be issued until after all adopted building code related requirements have been met, and until after a site plan and traffic plan have been submitted to and approved by the city.

(b)

The permitted uses and conditional permitted uses for any district classified as a historic district are set forth in sections 155.265 through 155.280 (Historic zoning district regulations), rather than in this article.

(c)

In districts permitting residential uses, not more than one residential building shall be located on a lot.

(d)

In districts permitting residential uses or where a use variance for residential purposes has been granted, no sexual predator shall reside within 1,000 feet of the registered address of another sexual predator unless a conditional permitted use is obtained pursuant to sections 155.185 and 155.187(b) and (c) of this chapter. Nothing in this section prohibits a sexual predator from residing within 1,000 feet of the registered address of another sexual predator if the property is owned or leased by the sexual predator and was purchased or leased before the effective date of this section.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94; Doc. No. 2006-090, § 1, 12-19-06; Doc. No. 2010-025, § 1(Exh. A), 5-18-10)

Cross reference— Penalty, § 155.999.

This district is designed to provide a suitable open character for single-family detached dwellings at low densities. The districts also include community facilities and public open space uses which serve the residents of these districts or which an open residential environment benefits.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

R-1 single-family residence district is designed for the lowest density residential development.

(b)

Permitted uses in R-1 single-family residence districts are as follows:

(1)

Single-family detached residences.

(2)

Crop production.

(3)

Community facilities which may appropriately be located in residential areas to serve educational or spiritual needs, or to provide recreational or other essential services primarily for the residents of the neighborhood, or which can perform their activities more effectively in a residential environment, unaffected by objectionable influences from certain less restrictive uses, and which do not create objectionable influences in residential areas. Community facilities allowed in the R-1 and R-2 single-family residence districts shall include:

Athletic fields, noncommercial.

Churches, or other places of worship, rectories, or parish houses.

Community centers.

Country clubs.

Elementary school (public or private).

Family day-care home (type 1).

Family day-care home (disabled).

Golf Courses.

High school or junior high school (public or private).

Park.

(4)

Uses similar to those listed above.

(c)

Conditional permitted uses in R-1 by special permit in accordance with the standards set forth in sections 155.175 through 155.211 as follows:

(1)

Agricultural uses.

(2)

Cemeteries or mausoleums.

(3)

Colleges and universities.

(4)

Country club and golf course clubhouses with liquor sales.

(5)

Electric substations, gas valve, and regulator sites, serving a distribution area.

(6)

Fire stations.

(7)

Police stations.

(8)

Nonbusiness clubs.

(9)

Nurseries, without green houses.

(10)

Riding stables.

(11)

Telephone exchanges.

(12)

Water or sewage pumping stations.

(13)

Family day-care home (type 1) - Up to 12 children during the hours of 6:00 a.m. to 11:00 p.m. only.

(14)

Family day-care home (type 2).

(15)

Ambulance services.

(Doc. No. 90-145, § 1(Exh. A), 12-18-90; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2003-049, § 2, 7-15-03; Doc. No. 2010-008, § 1(Exh. A), 2-16-10; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

(a)

The R-2 single-family and duplex residence district provides for single-family and two-family residential development on normal sized lots.

(b)

Permitted uses in R-2 shall include all uses permitted in R-1 single-family residence districts, duplexes, townhouses consisting of two units, family day-care home (type 2) and uses similar thereto.

(c)

Conditional permitted uses in R-2 by special permit in accordance with the standards set forth in sections 155.175 through 155.211 shall include all conditional permitted uses allowed in R-1.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2003-049, § 3, 7-15-03)

(a)

These districts are designed to provide for all types of residential buildings, in order to permit a broad range of housing types, with appropriate standards on density, open space, and spacing the buildings. These districts are mapped in relation to a desirable future residential density pattern, with emphasis on accessibility to transportation facilities, and to various community facilities, and on the character of the existing development. These districts also include community facilities and public open space uses which serve the residents of the districts or which an open residential environment benefits. The uses permitted in R-3 (a), (b) districts are identical, however, provisions of section 155.056 of this chapter limit the density of residential uses.

(b)

Permitted uses in R-3 (a), (b) general residence districts are:

(1)

All uses permitted in R-2 single-family and duplex residence district.

(2)

Multiple residences of all kinds intended for permanent occupancy, including apartment hotels, boarding or lodging houses and assisted living facilities.

(3)

Community facilities which may be appropriately located in higher density residential areas to serve educational, recreational, health, or other needs of the residents of the community and region, or can perform their activities more effectively in a residential environment, unaffected by objectionable influences from extensive commercial or industrial uses, and do not create significant objectionable influences in residential area. Community facilities allowed in the R-3 general residence district shall include:

Aquariums, public.

Art galleries, viewing only.

Civic auditoriums.

Clubs, nonbusiness.

Convents or monasteries.

Fraternity or sorority houses.

Group community residence.

Gymnasiums, noncommercial.

Public libraries.

Public museums.

Radio or television studios and stations.

(4)

Uses similar to those listed above.

(c)

Conditional permitted uses in R-3 (a), (b) general residence districts are:

(1)

Conditional permitted uses in R-1 and R-2.

(2)

Accessory off-street parking lots not on the same zoning lot as the use served.

(3)

Hospitals or nursing homes.

(4)

Institutions, fraternal or philanthropic, all types of institutions for children or the aged, and all types of nursing homes or sanitariums.

(5)

Medical clinics or centers, including the sale of drugs and medical supplies.

(6)

Rehabilitation homes.

(7)

Tourist homes, bed and breakfast inns.

(Doc. No. 90-145, § 1(Exh. A), 12-18-90; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

(a)

This district is designed to provide accommodation for mobile homes in mobile home parks and for other community facilities found in other residential areas. The aim is to establish a residential environment unaffected by objectionable influences from less restrictive uses. This district is to logically separate this easily portable type dwelling unit from other types of dwelling units.

(b)

Permitted uses in the R-4 mobile home and trailer park residential district are:

(1)

Mobile homes and trailer parks provided each such park is served by adequate utilities to provide adequate piped sewer and water and electrical service to each mobile home in the park.

(2)

Office for the administration of the park.

(3)

Utility facility structures to serve only the residents of the mobile home park.

(4)

Community facilities such as, churches, or other places of worship, elementary schools (public and private), park and recreation space, family day-care homes, and commercial day-care centers.

(5)

Uses similar to those listed in subsection (b)(1) through (4).

(c)

Conditional permitted uses allowed in the R-4 district are as follows:

(1)

Electric substations, gas valve, and regulator sites, serving a distribution area.

(2)

Fire stations.

(3)

Police stations.

(4)

Telephone exchanges.

(5)

Water or sewage pumping stations.

(6)

Cemeteries or mausoleums.

(7)

Ambulance services.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2010-008, § 1(Exh. A), 2-16-10)

Cross reference— Special provisions for R-4 mobile home and trailer park residential district, § 155.072.

(a)

This district is designed to provide for all the nonresidential facilities permitted in the R-3 general residence district plus administrative, professional, and business offices. The district is mapped in relation to areas that are developing into office centers with emphasis on accessibility to major streets and related functions, such as major business areas, hospitals, clinics, and apartments utilized by office employees and administrative personnel. The maximum square foot of floor area allowed for any one commercial building on a zoning lot adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley, shall be 30,000 square feet.

(b)

Permitted uses in OFF office district are:

(1)

All nonresidential uses permitted in R-3 general residence districts.

(2)

Professional and administrative office uses which may appropriately be located in medium or high density residential areas to provide professional or essential services for the residents of the community or employment for the large percentage of the office workers who live in nearby apartments, or can perform their activities more effectively in a residential environment, unaffected by objectionable influences from commercial or industrial uses, and do not create significant objectionable influences in residential areas. Professional and administrative office uses allowed in the OFF office district shall include:

Advertising agencies.

Answering services.

Business involving no retail sales, professional, or governmental offices.

Business schools or colleges.

Colleges and universities.

Dental, medical, or osteopathic offices or clinics, including the sale of drugs and medical supplies.

Medical or dental laboratories for research or testing, not involving any danger of fire or explosion nor offensive noise, vibration, smoke, or other particulate or odorous matter, heat, humidity, glare, or other objectionable effects.

Masseurs.

Psychics and mediums.

Wholesale offices, if storage is restricted to samples and utilizes no more than 20% of the total floor area.

(3)

Services which may appropriately be located in medium or high density residential area, including:

Automatic bank tellers as accessory uses to uses permitted in this district.

Banks and trust companies.

Brokerage houses, excluding payday loan business(es).

Building and loan associations, excluding payday loan business(es).

Credit unions.

Finance companies, excluding payday loan business(es).

Funeral homes.

Office service such as stenographic, letter preparation, addressing and mailing, duplicating, multi-graphing, mimeographing, machine tabulation, research and statistical, and minor office machine repair.

Ophthalmologists and optometrists, but not including opticians.

Travel agencies.

Savings and loans.

Stock and bond market exchanges.

(4)

Community facilities, including:

Commercial day-care center.

Hospitals, except animal hospitals.

Outdoor coin telephones and booths.

(5)

Drive-in or drive-up windows for permitted uses in the office district.

(6)

Uses similar to those listed above.

(c)

Conditional permitted uses in the OFF office districts are:

(1)

Accessory off-street parking lots not on the same zoning lot as the use served (155.183-PZ).

(2)

Barber and beauty shops (155.187).

(3)

Helistops (155.054, 155.207).

(4)

Institutions, fraternal or philanthropic, all types of institutions for children or the aged, and all types of nursing homes or sanitariums (155.193).

(5)

Public service facilities allowed as conditional permitted uses in R-1 through R-4 residence districts (155.181-PZ).

(6)

Rehabilitation home (155.211.2).

(7)

Residential uses allowed in the R-3 district including group care residences (155.187).

(8)

Structure mounted wireless telecommunication, radio or television transmission antennas (155.407-PZ).

(9)

Tourist homes, bed and breakfast inns (155.179-PZ).

(10)

Cemeteries or mausoleums.

(11)

Ambulance services.

(Doc. No. 90-145, § 1(Exh. A), 12-18-90; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2008-092, § 1, 1-21-09; Doc. No. 2010-008, § 1(Exh. A), 2-16-10; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

(a)

These districts are designed to provide for all the facilities permitted in the R-3 general residence districts plus administrative, professional, and business offices. The districts are mapped in relation to areas that are developing into office centers with emphasis on accessibility to major streets and related functions, such as major business areas, hospitals, clinics, and apartments utilized by office employees and administrative personnel.

(b)

Permitted uses in R-5(a) and (b) general residence and office districts are:

(1)

All uses permitted in R-3 general residence districts.

(2)

All uses permitted in the OFF, office district.

(c)

Conditional permitted uses in R-5 (a) and (b) general residence and office districts:

(1)

Accessory off-street parking lots not on the same zoning lot as the use served (155.183-PZ).

(2)

Barber and beauty shops (155.187).

(3)

Helistops (155.054, 155.207).

(4)

Institutions, fraternal or philanthropic, all types of institutions for children or the aged, and all types of nursing homes or sanitariums (155.193).

(5)

Public service facilities allowed as conditional permitted uses in R-1 through R-4 residence districts (155.181-PZ).

(6)

Rehabilitation home (155.211.2).

(7)

Structure mounted wireless telecommunication, radio or television transmission antennas (155.407-PZ).

(8)

Tourist homes, bed and breakfast inns (155.179-PZ).

(9)

Cemeteries or mausoleums.

(Doc. No. 2013-022, Exh. A, 4-16-13; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

(a)

This district is designed to provide for all the facilities permitted in the OFF, office district.

(b)

Permitted uses in R-5(c) office district shall include all uses permitted in OFF, office district.

(c)

Conditional permitted uses in R-5(c) office district:

(1)

Accessory off-street parking lots not on the same zoning lot as the use served (155.183-PZ).

(2)

Barber and beauty shops (155.187).

(3)

Helistops (155.054, 155.207).

(4)

Institutions, fraternal or philanthropic, all types of institutions for children or the aged, and all types of nursing homes or sanitariums (155.193).

(5)

Public service facilities allowed as conditional permitted uses in R-1 through R-4 residence districts (155.181-PZ).

(6)

Rehabilitation home (155.211.2).

(7)

Residential uses allowed in the R-3 district including group care residences (155.187).

(8)

Structure mounted wireless telecommunication, radio or television transmission antennas (155.407-PZ).

(9)

Tourist homes, bed and breakfast inns (155.179-PZ).

(10)

Cemeteries or mausoleums.

(Doc. No. 2013-022, Exh. A, 4-16-13; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

(a)

This district is designed to provide for convenient retail and service establishments which due to the nature and type of uses, have minimal impact on adjacent residential uses, and provide for a buffer between the residential areas and other uses more intensive in scope. Since these establishments are required in convenient locations near residential areas, and are relatively unobjectionable to nearby residences, this district is widely distributed throughout the city. The district regulations are designed to promote convenient shopping and the stability of retail areas by encouraging contiguous retail development and by prohibiting those types of establishments and services which tend to break such a pattern. The maximum square foot of floor area allowed for any one commercial building on a zoning lot adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley, shall be 30,000 square feet.

(b)

Permitted use in the S-1 neighborhood commercial and office district are:

(1)

All nonresidential uses permitted in R-3 general residence districts.

(2)

Residences, single-family, duplex, or multiple family, when located above first floor.

Group community residence above the first floor.

Lodging rooms above the first floor.

(3)

Professional and administrative office uses which may appropriately be located in medium or high density residential areas to provide professional or essential services for the residents of the community or employment for the large percentage of the office workers who live in nearby apartments, or can perform their activities more effectively in a residential environment, unaffected by objectionable influences from commercial or industrial uses, and do not create significant objectionable influences in residential areas. Professional and administrative office uses allowed in the OFF office district shall include:

Advertising agencies.

Answering services.

Business schools or colleges.

Colleges and universities.

Dental, medical, or osteopathic offices or clinics, including the sale of drugs and medical supplies.

Medical or dental laboratories for research or testing, not involving any danger of fire or explosion nor offensive noise, vibration, smoke, or other particulate or odorous matter, heat, humidity, glare, or other objectionable effects.

Masseurs.

Psychics and mediums.

Wholesale offices, if storage is restricted to samples and utilizes no more than 20% of the total floor area.

(4)

Services which may appropriately be located in medium or high density residential area, including:

Automatic bank tellers as accessory uses to uses permitted in this district.

Banks and trust companies.

Brokerage houses, excluding payday loan business(es).

Building and loan associations, excluding payday loan business(es).

Credit unions.

Finance companies, excluding payday loan business(es).

Funeral homes.

Office service such as stenographic, letter preparation, addressing and mailing, duplicating, multi-graphing, mimeographing, machine tabulation, research and statistical, and minor office machine repair.

Ophthalmologists and optometrists, but not including opticians.

Travel agencies.

Savings and loans.

Stock and bond market exchanges.

(5)

Convenience retail and service establishments including:

Antique shops.

Arcades.

Arts and crafts supply stores.

Art and school supply stores.

Art galleries.

Athletic goods stores.

Automatic bank tellers.

Banks and trust companies, including drive-in banks.

Barbershops.

Beauty parlors.

Barber shop and beauty shop supply stores.

Bed and breakfast inns.

Bicycle sales, rental or repair.

Book and stationery stores.

Business schools.

Cafes.

Candy stores, not including processing or cooking.

Churches.

Clinics.

Clothing sales, rental, tailoring and alterations.

Clubs or lodges, private.

Coffee shops.

Coin dealers.

Commercial day-care center.

Computer sales and rental.

Craft and hobby shops.

Currency exchanges.

Dairy products stores.

Dance studios.

Delicatessens.

Dental labs and offices.

Donut and pastry shops, not including processing or baking.

Dressmakers, custom.

Drug stores.

Dry cleaning laundry establishments, automatic or self-service.

Dry cleaning and laundry receiving and distribution stations, but not including processing.

Eating establishments, except drive-ins and drive-up windows.

Fishing tackle sales, service and rental.

Florist shops.

Food stores.

Funeral homes.

Furniture stores and custom shops.

Gift shops.

General merchandise or variety store.

Glassware stores.

Grocery stores.

Hobby stores.

Hospitals.

Hotels, apartment.

Hotels, transient.

Household appliance stores.

Ice cream shops.

Infant goods store.

Interior decorating, samples and sales only.

Jewelry shop.

Laundries, automatic or self service.

Leather goods stores.

Luggage stores.

Meat markets.

Medical offices.

Medical or orthopedic appliance stores.

Messenger services.

Millinery shops.

Model construction supply stores.

Music, music equipment musical instrument sales and rental.

Music studios.

Nail salons.

Needlepoint and craft stores.

Newsstands.

Nutrition centers.

Opticians.

Orthopedic appliance store.

Outdoor coin telephones and booths.

Pet stores.

Pharmacy.

Photographic studios.

Photographic supply store.

Physical cultural establishments.

Piano sales, service and rental.

Picture framing, custom.

Postal substations.

Reducing salons.

Refreshment stands, not drive-in or drive-up windows.

Religious institutions, including churches, seminaries, and convents, including dormitories and other accessory uses required for operation.

Restaurants, but not including drive-ins nor drive-up windows, where the zoning lot that the restaurant adjoins is an R-1, R-2 or R-3 zoning district or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley.

Restaurants, with the service of alcohol, if the zoning lot on which the restaurant is located is not adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley.

Riding equipment shops.

Rug stores, but not carpet or linoleum.

Sewing machine sales and rental.

Shoe repair shops.

Sound system and equipment sales, but not automotive.

Sporting goods stores.

Stamp dealers.

Steam baths.

Stereo stores.

Tailors, custom.

Tanning salons.

Tattoo parlors.

Telegraph offices.

Television stores and service.

Tobacco stores.

Tourist homes.

Toy stores.

Trade or other schools for adults, not involving any danger of fire or explosion nor of offensive noise, vibration, smoke, or other particulate or odorous matter, dust, heat, humidity, glare, or other objectionable effects.

Travel agencies.

Typewriter sales and service.

Variety stores.

Venetian blinds stores.

Video rental stores.

Wallpaper stores.

Watch and clock sales and service.

Watch making.

Window shade, custom.

Yoga centers.

(6)

Community facilities:

Aquariums, public.

Art galleries.

Athletic fields, noncommercial.

Auditoriums, civic.

Churches or other places of worship, rectories or parish houses.

Clubs, non-business.

Colleges or universities.

Commercial day-care center.

Convents or monasteries.

Country clubs.

Gymnasiums, noncommercial.

Hospitals, except animal hospitals.

Libraries, public.

Museums, public.

Outdoor coin telephones and booths

Parks.

Radio or television studios and stations.

(7)

Drive-in or drive-up windows for permitted uses in the S-1 district, except for restaurants adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley, and except for drive-in or drive-up windows for the sale of alcohol.

(8)

Uses similar to those listed above.

(c)

Conditional permitted uses in the S-1 neighborhood commercial and office districts are:

(1)

Accessory off-street parking lot not on the same zoning lot as the use served (155.183-PZ).

(2)

Commercial parking lots (155.184-PZ).

(3)

Drive-in or drive-up window for restaurants located on zoning lots adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley, except for drive-in or drive-up windows for the sale of alcohol. (155.203).

(4)

Helistops (155.054, 155.207).

(5)

Package liquor sales, except for drive-in or drive-up windows for the sale of alcohol (155.210).

(6)

Residences including group community residence and lodging rooms located on the first floor (155.182-PZ).

(7)

Restaurants, with service of alcoholic beverages located on zoning lots adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley, except for drive-in or drive-up windows for the sale of alcohol. (155.211).

(8)

Structure mounted wireless telecommunication antennas (155.407-PZ).

(9)

Tavern, except for drive-in or drive-up windows for the sale of alcohol (155.200).

(10)

Cemeteries or mausoleums (155.180-PZ).

(11)

Public service facilities, electric substations; gas valve and regulator site, serving a distribution area.

(12)

Fire and police stations.

(13)

Post office branch.

(14)

Telephone exchange.

(15)

Water and sewage pumping stations.

(16)

Ambulance services.

(Doc. No. 90-145, § 1(Exh. A), 12-18-90; Ord. No. 411A-07-01; §1(Exh. A), 7-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2008-092, § 1, 1-21-09; Doc. No. 2008-093, § 1, 2-17-09; Doc. No. 2010-008, § 1(Exh. A), 2-16-10; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

(a)

This district is designed to accommodate the city's secondary shopping centers which provide for occasional shopping and service needs and for recreational facilities which serve a wide area, and are therefore located in areas easily accessible to a large number of persons. The regulations are designed to promote convenient shopping and business services. The district also permits a few high value custom manufacturing establishments which are generally associated with the predominant retail activities, and which depend on personal contacts with persons living all over the region.

(b)

Permitted uses in the S-2 community shopping and office district are:

(1)

All uses permitted in S-1 neighborhood commercial and office district.

(2)

Retail stores and personal service establishments providing for a wide variety of consumer needs and serving a community-wide area, including:

Animal training, grooming.

Army and navy surplus stores.

Auction rooms.

Automobile driving schools.

New automobile, truck, motorcycle, trailer or boat showrooms, and sales with services.

Automobile supply stores, with no repair service.

Bakeries.

Banks and trust companies, including drive-in banks.

Banquet halls.

Blue printing or photo-stating establishments.

Building and loan associations, including drive-inns.

Carpet, rug, linoleum, or other floor covering stores.

Catering establishments.

Cigar and tobacco stores.

Clothing or clothing accessory stores and clothing or costume rental establishments.

Coin dealers.

Coin machines, rental and service.

Credit unions, including drive-inns.

Currency exchanges.

Data processing equipment sales and rental.

Department stores.

Dry cleaning or clothes pressing establishments dealing directly with consumers.

Dry goods stores.

Eating places, excluding drive-ins and drive-up windows.

Electrical or household appliance stores and repair.

Finance companies, including drive-ins.

Florist shops.

Furniture stores, sales and repairing and refinishing.

Furrier shops, custom, including custom cleaning, remodeling, repairing, and storing.

Gift shops.

Grocery stores.

Hardware stores.

Hotels.

Infant goods store.

Interior decorating establishments.

Jewelry or art metal craft shops.

Karate, judo and martial arts schools.

Lawnmower sales with service.

Leather goods or luggage stores, including custom or handicraft work and repairing.

Libraries, private rental.

Locksmith shops.

Meeting halls.

Messenger service.

Millinery shops.

Model construction supplies stores.

Model toys and hobby shops.

Motels.

Music, musical equipment, or record stores and musical instrument repair shops.

Newspaper publishing, including engraving or photoengraving.

Newsstands, open or enclosed.

Nutrition centers.

Office building (business, professional, or administrative offices).

Office or business machine stores, sales, or rental.

Oxygen equipment, rental or distribution.

Paint, varnish, or wallpapering stores.

Pawnshops.

Payday loan business(es).

Pet shops, sales only.

Photographic developing or printing establishments, equipment, or supply stores or studios.

Physical culture or health establishments, including gymnasiums, commercial athletic fields, reducing salons, masseur, or steam baths.

Piano and organ stores.

Picture framing shops.

Plumbing, heating, or ventilating equipment showrooms.

Printing establishments.

Rent-alls, small equipment excluding vehicular or automotive.

Riding equipment shops.

Savings and loan associations, including drive-inns.

Seed or garden supplies stores.

Sewing machines, household only, sales and service.

Shoe stores.

Shoeshine stands.

Sign painting shops.

Sound systems and equipment sales.

Sporting goods stores.

Stamp dealers.

Stamp redemption centers.

Stationery stores.

Stock and bond market exchange.

Studios, music, dancing, or theatrical.

Taxicab stands.

Taxidermists.

Telegraph offices.

Trade or other schools for adults, not involving any danger of fire or explosion nor of offensive noise, vibration, smoke, or other particulate or odorous matter, dust, heat, humidity, glare, or other objectionable effects.

Typewriter or other small business machine repair shops.

Upholstering shops dealing directly with the consumer.

Yoga centers.

(3)

Amusements, including:

Aquarium, private.

Arcades.

Billiard parlors or pool halls.

Bowling alleys.

Dance halls.

Indoor swimming pools.

Museum, commercial.

Theaters (other than drive-in).

Video rental stores.

(4)

Wholesale establishments with not more than 2,500 square feet of accessory storage per establishment.

(5)

A few types of essentially custom manufacturing activities which benefit from location near a major business district, generally do not create any significant objectionable influences, and involve products characterized by a high ratio of value to bulk so that truck traffic is kept to a minimum. Custom manufacturing activities allowed in the S-2 community shopping and office district shall include:

Art needlework, hand weaving, or tapestries.

Custom ceramic products.

Custom hair products.

Custom manufacturing or altering of clothing for retail.

Custom orthopedic or medical appliances.

Custom venetian blind, window shade, draperies or awning shops, including repairs.

Hand binding or tooling of books.

Jewelry manufacturing from precious metals.

Medical, dental, or drafting instruments, optical goods, or similar precision instruments.

Silver plating shops, custom, including repairs.

Watch making.

(6)

Public service establishments.

Ambulance services.

Electric substations.

Detention facilities, adult or juvenile.

Gas valve and regulator sites.

Fire station.

Outdoor coin telephones and booths.

Police station.

Post office, central or branch.

Telephone exchanges.

Water or sewerage pumping stations.

(7)

a.

Residences, single-family, duplex, or multiple family, when located above first floor.

b.

Group community residence when located above first floor.

(8)

Uses similar to those listed above.

(c)

Conditional permitted uses in S-2 community shopping and office districts are:

(1)

Commercial parking lots (155.184-PZ).

(2)

Accessory off-street parking lot not on the same zoning lot as the use served (155.183-PZ).

(3)

Tavern and microbreweries, except for drive-in or drive-up windows for the sale of alcohol. (155.200).

(4)

Residences located on the first floor including group community residence (155.182-PZ).

(5)

Helistops (155.054, 155.207).

(6)

Package liquor sales, except for drive-in or drive-up windows for the sale of alcohol. (155.210).

(7)

Restaurants and banquet halls with service of alcoholic beverages, except for drive-in or drive-up windows for the sale of alcohol, located on zoning lots adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley. (155.211).

(8)

Structure mounted wireless telecommunication antennas (155.407-PZ).

(9)

Drive-in or drive-up window, except for drive-in or drive-up windows for the sale of alcohol, located on zoning lots adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley.

(10)

Automobile service stations, including minor automotive repair (155.196).

(11)

Wireless telecommunication, commercial radio or television transmission towers (155.407-PZ).

(12)

Auto repairs, when accessory to a major retailer (155.196).

(13)

Cemeteries or mausoleums (155.180-PZ).

(Doc. No. 90-145, § 1(Exh. A), 12-18-90; Ord. No. 411A-07-01, § 1 (Exh. A), 7-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2008-092, § 1, 1-21-09; Doc. No. 2008-093, § 1, 2-17-09; Doc. No. 2010-008, § 1(Exh. A), 2-16-10; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

(a)

This district is designed to provide for a wide range of retail stores, office buildings, and amusement and service activities which occupy prime retail frontage in a centrally located and intensively developed business area. The district includes areas of concentrated business activities where nearly all the frontage has long been taken up by contiguous buildings, thus requiring different bulk regulations than those applicable to newer or less concentrated areas and making it virtually impossible for separate off-street parking facilities to be provided for each individual establishment.

(b)

Permitted uses in the S-3 central shopping district are:

(1)

All uses permitted in the S-2 district.

(2)

Taverns and microbreweries, except for drive-in or drive-up windows for the sale of alcohol.

(3)

Liquor sales, package, except for drive-in or drive-up windows for the sale of alcohol.

(4)

Residences, single-family, duplex or multiple family.

(5)

Group community residence.

(6)

Helistops, heliports (155.054).

(7)

Restaurants and banquet halls with service of alcoholic beverages, except for drive-in or drive-up windows for the sale of alcohol.

(8)

Drive-in or drive-up window for restaurants, except for drive-in or drive-up windows for the sale of alcohol. (155.203).

(9)

Uses similar to those listed above.

(c)

Conditional permitted uses in the S-3 central shopping district are:

(1)

Accessory off-street parking lots not on the same zoning lot as the use served (155.183-PZ).

(2)

Commercial parking lots (155.184-PZ).

(3)

Automobile service stations, including minor automotive repair (155.196).

(4)

Wireless telecommunication, radio or television transmission towers (155.407-PZ).

(5)

Cemeteries or mausoleums (155.180-PZ).

(6)

Medical cannabis dispensing organization.

(7)

Adult-use cannabis dispensing organization.

(8)

An on premise area to consume cannabis in conjunction with a cannabis dispensary or an adult-use cannabis dispensary.

(Doc. No. 90-145, § 1(Exh. A), 12-18-90; Ord. No. 411A-07-01, § 1 (Exh. A), 07-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2008-093, § 1, 2-17-09; Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2018-055, § 1(Exh. A), 5-21-24)

(a)

This district is designed to provide particularly for drive-in type of automotive and other services, entertainment and open amusement establishments, all of which tend to interfere with the pattern of prime retail development of convenient shopping. Since many of these establishments are designed to attract the motorist, they may involve lighting or signs, which make them incompatible with residential uses. Since these establishments have a wide service area and generate considerable automotive traffic, they are appropriate along major thoroughfares.

(b)

Permitted uses in the B-1 highway business service district are:

(1)

All uses permitted in the S-2 district except residences, family care residence and group community residence.

(2)

Automotive and related services, including:

Automobile glass or mirror shops.

Automotive laundries (allowed only if the zoning lot contains reservoir space for not less than five automobiles per washing line).

Automobile or truck sales (new or used), open or enclosed.

An establishment whose principal business is the installation of automobile seat covers or convertible tops.

Automobile service stations, including minor automotive repair.

Automobile supplies stores.

Automobile or truck rental establishments, including U-haul trailers.

Motorcycles, trailer, or boat sales, open or enclosed.

(3)

All types of drive-in services, exclusive of drive-in or drive-up windows for the sale of alcohol, including:

Drive-in refreshment stands.

Drive-in restaurants.

Drive-in retail outlet.

Drive-up windows.

Laundries dealing directly with consumers and with no more than eight employees per working shift and 1,500 square feet of area for laundry processing.

(4)

Greenhouses, nurseries, landscape gardeners, and contractors.

Outdoor Christmas tree sales.

(5)

Tourist cabins and trailer or mobile home camps, including:

Travel trailer parks.

(6)

Open amusement establishments, which generate considerable noise or traffic, particularly at night, and are appropriate along major thoroughfares or in semi-industrial areas, including:

Amusement parks, provided total area of the zoning lot shall not exceed 10,000 square feet and no amusement attraction shall be located within 150 feet of a residence district boundary.

Commercial swimming pools, outdoors.

Day camps, outdoors.

Golf driving ranges.

Miniature golf courses.

Paintball facilities, indoors only.

Trampoline centers.

(7)

Special services and facilities required for boating and related activities, including:

Bait sales.

Boat fuel sales, open or enclosed.

Fishing tackle or equipment, rental or sales.

(8)

Commercial parking garages and lots.

(9)

Auction rooms.

(10)

Kennels.

(11)

Helistops, heliports (155.054).

(12)

Lawnmower sales and service.

(13)

Uses similar to those listed above.

(14)

Public service establishments.

Electric substations.

Detention facilities, adult or juvenile.

Gas valve and regulator sites.

Fire station.

Outdoor coin telephones and booths.

Police station.

Post office, central or branch.

Telephone exchanges.

Water or sewerage pumping stations.

(15)

Warehouse, for monthly rental for personal use.

(c)

Conditional permitted uses in the B-1 highway business service district are:

(1)

Wireless telecommunication, commercial radio or television transmission towers.

(2)

Amusement parks with sites larger than 10,000 square feet.

(3)

Fairgrounds.

(4)

Race tracks.

(5)

Drive-in theaters.

(6)

Restaurants and banquet halls with service of alcoholic beverages, exclusive of drive-in or drive-up windows for the sale of alcohol, located on zoning lots adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley.

(7)

Taverns and microbreweries, exclusive of drive-in or drive-up windows for the sale of alcohol.

(8)

Liquor sales, package, exclusive of drive-in or drive-up windows for the sale of alcohol.

(9)

Accessory off-street parking lots not on the same zoning lot as the use served.

(10)

Cemeteries or mausoleums.

(11)

Large entertainment facilities which generate considerable noise or traffic, particularly at night, and are appropriate along major thoroughfares or in semi-industrial areas, including:

Commercial arenas or auditoriums.

Indoor skating rinks.

(12)

Medical or adult-use cannabis cultivation centers.

(13)

Medical cannabis dispensing organization.

(14)

Adult-use cannabis dispensing organization.

(15)

An on premise area to consume cannabis in conjunction with a cannabis dispensary or an adult-use cannabis dispensary.

(16)

Adult-use craft grower.

(Doc. No. 90-145, § 1(Exh. A), 12-18-90; Ord. No. 411A-07-01, § 1 (Exh. A), 07-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2005-055, § 1(Exh. A), 7-19-05; Doc. No. 2008-093, § 1, 2-17-09; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-020, § 1(Exh. A), 5-19-20; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

(a)

This district is designed to furnish necessary commercial and semi-commercial industrial services for a wide area as to support the retail functions in nearby major commercial centers. Since these service establishments often involve objectionable influences, such as noise, vibration, smoke, or other particulate matter, heat, humidity, glare, odor, danger of fire, or other objectionable influences, they are incompatible with residential uses and other types of commercial development.

(b)

Permitted uses in the B-2 general business service district are:

(1)

Retail or service establishments, including:

Automobile glass or mirror shops.

Automotive laundries (allowed only if the zoning lot contains reservoir space for not less than five automobiles per washing line).

Automobile or truck sales (new or used), open or enclosed.

An establishment whose principal business is the installation of automobile seat covers or convertible tops.

Automobile service stations, including minor automotive repair.

Automobile supplies stores.

Automobile or truck rental establishments, including U-haul trailers.

Motorcycles, trailer, or boat sales, open or enclosed.

Bakeries, with no sales to the public.

Boat fuel sales, open or enclosed.

Blueprinting or photo stating establishments.

Catering businesses.

Coin machine, rental and service.

Frozen food lockers.

Helistops (see section 155.054).

Lawnmower sales and service.

Newspaper publishing, including engraving and photoengraving.

Oxygen equipment, rental or distribution.

Plumbing, heating or ventilation equipment showrooms.

Printing establishments.

Radio and television studios and stations.

Rent-alls, small equipment including vehicular or automotive.

Silver plating shops, custom, including repairs.

Agricultural implements display, sales, repair, and service.

Amusement parks, including sports parks and water parks, unlimited area.

Animal hospitals, including boarding or breeding.

Animal pounds and kennels.

Automotive rental, repairs, service and storage.

Blacksmith shops.

Boat rental, repairs and services.

Building material sales, open or enclosed.

Carpentry, custom woodworking, or custom furniture making shops including furniture stripping.

Carpet cleaning establishment.

Dry-cleaning and dyeing establishment, with no limitation on type of operation, solvent, floor area, or capacity per establishment.

Electrical, fence, landscape, glazing, heating, painting, paper hanging, plumbing, roofing, kitchen, office or store fixture, ventilating, or other contractor's establishment, including storage and manufacturing.

Exterminating and fumigating, commercial shops.

Feed stores.

Fire protection equipment, sales, repair, and servicing.

Fuel oil, coal, or wood sales, open or enclosed.

Furnace cleaning and repairing shops.

Gunsmiths, repairs.

Household or office equipment or machinery repair shops, such as refrigerators, washing machines, stoves, deep freezes, or air-conditioning units.

Ice sales.

Laundries.

Linen, towel, or diaper supplies establishments.

Machinery rental or sales establishments.

Manufacturing signs, metal and neon fabrication.

Mirror silvering or glass cutting shops.

Mobile and modular home sales and service and storage.

Monument sales with incidental processing to order.

Motorcycle rental, repair, services and storage.

Movers and transfer companies.

Packing or crating establishments.

Paintball facilities, indoor or outdoor.

Poultry or rabbit killing establishments, for retail sales on the same zoning lot only.

Pump repairing and rental.

Road building equipment, sales.

Scales, commercial weighing.

Soldering or welding shops.

Tire recapping and repairing.

Tool, die, or pattern making establishments.

Trade schools for adults, no limitations.

Trailer rental, repairs, services and storage.

Truck rental, repairs, services and storage.

Trucking terminals, limited to 20,000 square feet of lot area per establishment.

(2)

Public service establishments.

Public transit yards, open or enclosed.

Railroad freight or passenger stations and facilities or services used or required in railroad operations.

(3)

Wholesale and storage establishments.

Commercial or public utility vehicle storage, open or enclosed.

Warehouses, including mini-warehouse for monthly rental for personal use.

Wholesale establishment, with no limitation on storage.

(4)

Uses similar to those listed above.

(5)

Public service establishments.

Ambulance services.

Electric substations.

Detention facilities, adult or juvenile.

Gas valve and regulator sites.

Fire station.

Outdoor coin telephones and booths.

Police station.

Post office, central or branch.

Telephone exchanges.

Water or sewerage pumping stations.

(6)

Telecommunication towers (by administrative review).

(c)

Conditional permitted uses in B-2 general business service district are:

(1)

Accessory off-street parking lots not on the same zoning lot as the use served.

(2)

Wireless telecommunication, commercial radio or television transmission towers.

(3)

Trucking terminals or motor freight stations in excess of 20,000 square feet per establishment.

(4)

Heliport and helistops.

(5)

Fairgrounds and racetracks.

(6)

Drive-in theaters.

(7)

Adult use, subject to section 155.052.1.

(8)

Cemeteries or mausoleums.

(9)

Medical or adult-use cannabis cultivation centers.

(10)

Medical cannabis dispensing organization.

(11)

Adult-use cannabis dispensing organization.

(12)

An on premise area to consume cannabis in conjunction with a cannabis dispensary or an adult-use cannabis dispensary.

(13)

Adult-use craft growers.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2010-008, § 1(Exh. A), 2-16-10; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-020, § 1(Exh. A), 5-19-20; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

(a)

This district is designed for a wide range of manufacturing and other industrial activities, which can conform to a high level of performance standards. Industrial activities of this type, within completely enclosed buildings, provide a buffer between residence or commercial districts and other industrial uses, which involve more objectionable influences. New residential development is excluded from this district, both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for industrial development.

(b)

Permitted uses in I-1 light industrial district are:

(1)

All uses permitted in the B-2 general business service district.

(2)

Service, storage, or wholesale establishments, including:

Produce or meat markets, wholesale, road building, crop dusting, well drilling, farm implement, and machinery or similar type equipment storage yards, with no limitation on lot area per establishment.

Refrigerating plants.

(3)

Manufacturing establishments (excluding foundry operations), including:

Acoustical material.

Advertising displays.

Art goods, religious or church.

Athletic equipment manufacture.

Automobile parts.

Batteries, including rebuilding.

Beverages, nonalcoholic.

Boats, building or repair.

Bottling works, for all beverages, including microbreweries.

Brooms or brushes.

Cameras or other photographic equipment, except film.

Canvas or canvas products.

Carpets.

Ceramic products, pottery, small glazed tile, or similar products.

Chemicals, compounding or packaging limited to those, which are nonflammable or non-explosive.

Cigarettes and cigar manufacture.

Clothing and apparel or other textile products from textiles or other materials.

Cork and cork products.

Cosmetics or toiletries.

Electrical appliances, including clocks, lighting fixtures, irons, fans, toasters, or similar products.

Electrical equipment assembly, including home radio or television receivers, home movie equipment, or similar products but not including electrical machinery.

Food products processing, except meat slaughtering, preparation of fish for packing and rendering or refining of fats and oils.

Fur goods, not including tanning or dyeing.

Glass products from previously manufactured glass.

Hair, felt, or feather products, except washing, curing, or dyeing.

Hatcheries.

Hosiery.

Ice, dry or natural.

Jewelry, costume, bulk.

Jute, hemp, sisal, or oakum products.

Knit goods.

Laboratories, research, experimental, or testing.

Leather products, including shoes, machine belts, or similar products.

Machine tools, including metal lathes, metal presses, and metal stamping machines, woodworking machines, or similar products.

Mattresses, including rebuilding or renovating.

Metal finishing, plating, grinding, sharpening, polishing, cleaning, rust proofing, heat treatment, or similar processes.

Metal stamping or extrusion, including costume jewelry, pins and needles, razor blades, bottle caps, buttons, kitchen utensils, or similar products.

Musical instruments, including pianos and organs.

Novelty products.

Office equipment, including business machines.

Optical equipment, clocks or similar precision instruments.

Paper products, including envelopes, stationery, bags, boxes, shipping containers, bulk goods, tubes, wallpaper, or similar products.

Perfume or perfumed soaps, compounding only.

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

Poultry or rabbit packing or slaughtering.

Rubber products, excluding all rubber or synthetic processing, such as washers, gloves, footwear, bathing caps, atomizers, or similar products.

Shoddy.

Shoe polish.

Silverware, plate or sterling.

Soaps or detergents, packaging only.

Sporting goods and athletic equipment, including balls, baskets, cues, gloves, bats, racquets, rods, or similar products.

Statuary, mannequins, figurines, or religious or church art goods.

Steel products, miscellaneous fabrication, or assembly, including steel cabinets, doors, store fronts, fencing, springs, metal furniture, or similar products.

Textiles, spinning, weaving, manufacturing, dyeing, printing, knit goods, yard, thread, or cordage.

Tobacco including curing or tobacco products.

Tools or hardware, including bolts, nuts, screws, doorknobs, drills, hand tools or cutlery, hinges, house hardware, locks, nonferrous metal castings, plumbing appliances, or similar products.

Toys.

Umbrellas.

Upholstering, bulk.

Vehicles, children's, including bicycles, scooters, wagons, baby carriages, or similar vehicles.

Venetian blinds, window shades, or awnings.

Watches.

Wax products.

Wood products, including furniture, boxes, crates, baskets, pencils, cooperage works, or similar products.

(4)

Transportation uses, including:

Trucking terminals or motor freight stations with no limitation on lot area per establishment.

(5)

Military bases and installations.

(6)

Public service establishments.

Ambulance services.

Electric substations.

Detention facilities, adult or juvenile.

Gas valve and regulator sites.

Fire station.

Outdoor coin telephones and booths.

Police station.

Post office, central or branch.

Telephone exchanges.

Water or sewerage pumping stations.

(7)

Telecommunication towers (by administrative review).

(8)

Uses similar to those listed above.

(c)

Conditional permitted uses in I-1 light industrial district are:

(1)

Airports.

(2)

Cemeteries and mausoleums.

(3)

Commercial radio or television transmission towers.

(4)

Drive-in theaters.

(5)

Fairgrounds and racetracks.

(6)

Heliport and helistops.

(7)

Adult use, subject to section 155.052.1.

(8)

Medical or adult-use cannabis cultivation centers.

(9)

Medical cannabis dispensing organization.

(10)

Reserved.

(11)

Adult-use cannabis dispensing organization.

(12)

Adult-use cannabis craft growers and infusers.

(13)

An on premise area to consume cannabis in conjunction with a cannabis dispensary or an adult-use cannabis dispensary.

(14)

Adult-use cannabis transporting organization or processing organization.

(15)

Adult-use infusers.

(Doc. No. 90-145, (Exh. A), 12-18-90; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2010-008, § 1(Exh. A), 2-16-10; Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

(a)

This district is designed to accommodate the essential heavy industrial uses which involve more objectionable influences and hazards and normally generate a great deal of traffic, both automobile and freight. No new residences or commercial establishments are permitted.

(b)

Permitted uses in I-2 heavy industrial district are:

(1)

The group of custom manufacturing activities and public service establishments listed under permitted uses in S-2 community shopping and office district as in section 155.031(b)(5) and (6).

(2)

The semi-industrial uses listed first as permitted uses in the B-2 general business service district in section 155.034.

(3)

The industrial uses listed first as permitted uses in the I-1 light industrial district in section 155.040.

(4)

Heavy manufacturing establishments, including:

Abrasives.

Aircraft, including parts.

Agricultural machinery.

Asbestos and asbestos products.

Asphalt.

Automobiles, trucks and trailers.

Beverages, alcoholic or breweries.

Boilers.

Brick or tile.

Building materials, including prefabricated houses, composition wallboards, partitions, and panels.

Calcimine.

Candles.

Cement.

Chalk.

Charcoal, lampblack, or fuel briquettes.

Clay products.

Concrete or concrete products.

Diesel engines.

Excelsior or packing materials.

Fertilizers.

Film, photographic.

Fish, curing or preparation for packing.

Foundries, ferrous or nonferrous.

Glass or large glass products, including structural or plate glass or similar products.

Grain, milling or processing.

Graphite or graphite products.

Gypsum or plaster of paris.

Hair, felt, or feathers, bulk processing, washing, curing, or dyeing.

Ink from primary raw materials, including colors and pigments.

Insecticides, fungicides, disinfectants, or related industrial or household chemical compounds.

Leather or fur tanning, curing, finishing, or dyeing.

Linoleum, linoleum tile, or cloth.

Linseed oil.

Machinery, heavy, including electrical, construction, mining or agricultural, including repairs.

Matches.

Meat or fish products, including slaughtering of meat or preparation of fish for packing.

Metal alloys or foil, miscellaneous, including solder, pewter, brass, lead, or gold foil or similar products.

Metal or metal products, treatment or processing, including enameling, japanning, lacquering, galvanizing, or similar processes.

Metal casting or foundry products, heavy, including caskets, burial vaults, ornamental iron works, or similar products.

Monument works.

Motorcycles.

Plastic, raw.

Porcelain products, including bathroom or kitchen equipment, or similar products.

Railroad equipment, including railroad cars or locomotives.

Stockyards.

Sugar refining.

Sweeping compound.

Textile bleaching.

Waterproofing materials.

Wood or bone distillation.

Wood or lumber processing, including sawmills or planing mills, excelsior, plywood, or veneer, wood preserving treatment, or similar products or processes.

(5)

Storage, open or enclosed, including:

Coal or gas.

Grain.

Manure, peat or topsoil.

Petroleum or petroleum products with a closed cap flash point of less than 105 degrees F.

Scrap metal, paper or gas.

Stone or gravel.

(6)

Helistops and heliports (see section 155.054).

(7)

Automobile towing and temporary storage.

(8)

Uses similar to those listed above.

(9)

Public service establishments.

Electric substations.

Detention facilities, adult or juvenile.

Gas valve and regulator sites.

Fire station.

Outdoor coin telephones and booths.

Police station.

Telephone exchanges.

Water or sewerage pumping stations.

(10)

Adult uses.

(c)

Conditional permitted uses in I-2 heavy industrial district are:

(1)

Conditional permitted uses allowed in the I-1 district, except adult uses.

(2)

Automobile dismantling and wrecking establishments.

(3)

Automobile graveyards.

(4)

Garbage and refuse disposal.

(5)

Junkyards.

(6)

Compost sites.

(7)

Oil wells.

(8)

Mines.

(9)

Cemeteries or mausoleums.

(10)

Fairgrounds and racetracks.

(11)

Medical or adult-use cannabis cultivation centers.

(12)

Medical cannabis dispensing organization.

(13)

Adult-use cannabis dispensing organization.

(14)

Adult-use cannabis craft growers and infusers.

(15)

An on premise area to consume cannabis in conjunction with a cannabis dispensary or an adult-use cannabis dispensary.

(16)

Adult-use cannabis transporting organization or processing organization.

(17)

Adult-use infusers.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

The regulations in sections 155.085 through 155.143 for off-street parking and loading are adopted in order to provide needed off-street spaces in connection with all new residential, commercial, and industrial development, including an enlargement or extension of existing development; to prevent substantial amounts of traffic from circulating and parking in residential areas near commercial and industrial development; to reduce traffic congestion resulting from the use of streets as places for storage of automobiles; to provide for higher standards of all types of development within the city; and thus to promote and protect the public health, safety, comfort, convenience, prosperity, and other aspects of the general welfare.

For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Employees. Wherever the number of employees is a factor in determining the number of required off-street parking spaces, "employees" refers to the maximum number of employees on duty at the same time.

Extensions, major repairs, or substantial alterations. Reconstruction activities increasing floor area, seating capacity, or some other factor affecting the parking or loading requirements hereby established which results in an increase of 15% or more of the required number of parking or loading spaces for the use or building which is the subject of the extension, major repairs, or substantial alteration, parking and loading spaces shall be provided for the total use or building as called for in the applicable section of this subchapter. These terms also include any increase in the number of dwelling units. When such extension, major repair, or substantial alteration occurs, parking spaces shall be provided for all dwelling units on the zoning lot as called for in the applicable section of this subchapter.

Floor area. The gross floor area of a building used or intended to be used for service to the public as customers, patrons, clients, or patients, including areas occupied by fixtures and equipment used for display or sale of merchandise. Floors or parts of floors used principally for toilet or restrooms, for utilities, or for fitting rooms, dressing rooms and alteration rooms are excluded. Floors or parts of floors used principally for nonpublic purposes, such as storage, incidental repair, processing, or packaging or merchandise show windows or offices incidental to the management or maintenance of stores or buildings shall be excluded.

Except in S-3 districts, on or after July 22, 1966, no building or other structure shall be erected and no extension, major repairs, or substantial alterations shall be made to an existing building or other structure, nor shall the use of a building or other structure be changed unless there already exists, or unless provision is made for the location of, concurrent with such erection or change, accessory off-street parking spaces on the basis of the following minimum requirements. The following minimal requirements are based on the principal use(s) of the property. Accessory uses located on the same zoning lot require additional parking spaces.

Parking spaces provided in the S-3 zoning district shall not be exempt from the requirements of sections 155.111, 155.112, 155.113, and 155.115. In addition, parking spaces in the S-3 district shall be subject to a five-foot setback from any public street.

(Doc. No. 98-112, § 1,(Exh. A), 11-17-98; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

For all residences designed or intended for permanent occupancy, including apartment hotels, but (for purposes of this section only) excluding boarding or lodging houses, requirements are as follows:

(a)

For single-family and duplex residences, at least one accessory off-street parking space for each dwelling unit.

(b)

For multiple-family residences, at least 1½ accessory off-street parking spaces for each dwelling unit.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

At least one accessory off-street parking space plus one off-street parking space for each two adults for whom living accommodations are provided. If assembly halls, bars, restaurants, nightclubs, retail shops, service establishments, or businesses are provided, additional off-street parking spaces shall be required in accordance with the regulations for such uses.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Motels and similar places offering overnight accommodations. At least one accessory off-street parking space for each dwelling unit or lodging room.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Mobile home parks. At least one accessory off-street parking space for each mobile home. The required accessory parking shall be located next to the mobile home and not on the private street which provides circulation throughout the mobile home park.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Aquariums, art galleries, libraries, and museums. At least one accessory off-street parking space for each 800 square feet of floor area.

(b)

Auditoriums, churches, and similar places of worship, school auditoriums, gymnasiums, stadiums and grandstands, and other places of public assembly. At least one accessory off-street parking space for each eight seats or each 200 lineal inches of seating space in the main auditorium or assembly hall.

(c)

Schools, high, public or private, colleges, and universities. At least five accessory off-street parking spaces for each classroom.

(d)

Schools, elementary or junior high, public or private. At least one accessory off-street parking space for each classroom.

(e)

Clubs, nonbusiness and community centers. At least one accessory off-street parking space for each 200 square feet of floor area.

(f)

Cultural, civic, or historical institutions (nonboarding). At least one accessory off-street parking space for each 600 square feet of space intended for public use.

(g)

Fraternal, philanthropic, or health institutions for care of the aged or children, nursing homes and sanitariums. At least one accessory off-street parking spaces for each four beds, plus one parking space for each employee.

(h)

Golf courses. At least 40 accessory off-street parking spaces for each nine holes of standard or par 3 golf, plus one space for each regular employee.

(i)

Hospitals. At least one accessory off-street parking space for each three hospital beds, plus one parking space for each four employees (other than staff doctors), plus one parking space for each doctor assigned to the staff.

(j)

Convents, monasteries, nunneries, and religious retreats. At least one accessory off-street parking space for each 2,000 square feet of floor area.

(k)

Commercial day care center. At least one accessory off-street parking space for each 100 square feet of floor area.

(l)

Family day-care homes (type 1 and 2). At least one accessory off-street parking space for an assistant to the caregiver, when applicable, and at least one accessory off-street loading space for drop-off and pickup of individuals receiving care.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2003-049, § 4, 7-15-03)

(a)

Electric substations, gas valve and regulator sites, fire and police stations, radio or television stations, telephone exchanges, and water or sewerage pumping stations. At least one accessory off-street parking space for each employee.

(b)

Railroad freight stations, public transit or truck terminals, and other similar facilities. At least one accessory off-street parking space for each employee.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Business (involving no retail sales), professional, governmental, and wholesale offices, banks, and savings and loan associations. At least one accessory off-street parking space for each 200 square feet of floor area.

(c)

Dental, medical, or osteopathic offices or clinics. At least one accessory off-street parking space for each examining or treatment room, plus one for each employee.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Retail or service establishments not otherwise covered in this subchapter. At least one accessory off-street parking space for each 200 square feet of floor area.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Automobile service stations. At least one accessory off-street parking space for each employee.

(b)

Automobile laundries. At least one accessory off-street parking space for each employee, and in addition, reservoir parking spaces equal in number to five times the maximum capacity of the automobile laundry. Maximum capacity shall mean the greatest number of automobiles undergoing some phase of laundering at the same time.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Eating and drinking, establishments. At least one accessory off-street parking space for each 100 square feet of floor area intended for use by the public.

(a)

Amusement parks, golf driving ranges, miniature golf courses, and trampoline centers. At least one accessory off-street parking space for each 500 square feet of lot area intended to be used by the public.

(b)

Bowling alleys, gymnasiums, skating rinks, and swimming pools. At least one accessory off-street parking space for each 125 square feet of floor area.

(c)

Arcades, dance halls, pool halls. At least five accessory off-street parking spaces for each 100 square feet of floor area.

(d)

Theaters, indoor and race tracks. At least one accessory off-street parking space for each eight seats.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Schools, business, dance, music or trade. At least one accessory off-street parking space for each two employees plus one space for each 100 square feet of space used for instruction purposes.

Undertaking establishments and funeral parlors. At least 15 accessory off-street parking spaces shall be provided for each chapel or parlor.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Wholesale, manufacturing, and industrial plants, including warehouses and storage buildings and yards, contractor equipment and lumber yards, business service establishments such as blueprinting, printing and engraving, soft drink bottling establishments, breweries, fabricating plants, research laboratories, and all other establishments devoted to production, processing, cleaning, servicing, testing, or repairing of material, goods, or products. At least one accessory off-street parking space for each two employees.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Uses not specifically listed in this subchapter. Accessory off-street parking spaces shall be provided as required herein for the most similar use.

For all drive-up services, the minimum site stacking distances shall be in accordance with the following table:

This requirement is in addition to and not in lieu of any other parking requirements as called for in this chapter. These requirements shall not apply to drive-up service facilities already in existence and use on the effective date of this provision. If the use or drive-up service facility is modified or changed then the requirements in this provision shall apply.

(Ord. No. 085-02-23, § 1(Exh. A), 2-21-23; Doc. No. 2023-024, § 1(Exh. A), 7-18-23)

When computation of the number of accessory off-street parking spaces required by this division results in a requirement of a fractional space, any fraction of one-half or less shall be disregarded and any fraction over one-half shall be counted as one space.

(a)

Accessory off-street parking spaces for separate uses may be provided collectively upon determination by the city traffic engineer that substantial use of the parking spaces by each user does not take place at approximately the same hours of the same days of the week, provided all regulations governing the location of accessory off-street parking spaces in relation to the use served are observed. In the event any condition upon which the collective provisions of parking spaces was based on shall no longer exist such as any change of use, in availability of spaces, in hours of operation, or otherwise, the full amount of required parking spaces shall be provided for each use.

(b)

An appeal of any determination made by the traffic engineer shall be made in the same manner as an appeal from a determination of the zoning administrator pursuant to section 155.259 of this chapter, with the same fee as called for in section 155.500(f) of this chapter.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

No motor vehicle repair work of any kind is permitted in any required accessory off-street parking facility. No gasoline or motor oil shall be sold in conjunction with an accessory off-street parking lot, except where such lot is accessory to a business having such sale as a principal use.

(a)

An accessory off-street parking space must be at least 8½ feet wide and be at least 18 feet long, having a minimum loading area of 153 square feet, exclusive of access drives, aisles, ramps, columns, or work areas. On areas surfaced, the parking stalls shall be marked with paint or other equivalent method. In lots containing eight or more required spaces provision of up to 50% of the parking stalls with 7½ by 16 feet parking spaces will be permitted if each of the smaller parking spaces is equally convenient to the use being served as the larger spaces, if each of the parking stalls is double lined painted, and if each of the smaller spaces is signed "Small Cars Only". The city traffic engineer shall determine what is equally convenient and what is not.

(b)

Handicapped parking spaces must be in accord with the Illinois Accessibility Code.

(c)

The following Illinois Accessible Code requirements apply to all properties, regardless of the alteration costs.

(1)

All parking spaces designated for environmentally limited persons must be 16 feet wide.

(2)

All parking spaces designated for environmentally limited persons must be located the shortest possible accessible circulation route to an accessible entrance to the building.

(3)

All access aisles shall blend to a common level with an accessible route that is diagonally striped.

(4)

Each parking space must have its own R7-8 and R7-I101 signs erected, and centered on the 16-foot space.

(5)

A high quality yellow paint recommended by the paint manufacturer for pavement striping shall be used.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Each off-street parking space shall open directly on an aisle or driveway of such width and design as to afford adequate ingress and egress. Each off-street parking facility shall be provided with an appropriate means of vehicular access to a street in a forward manner only, except for single-family and duplex residences, or to a paved alley in a manner which will least interfere with traffic movements and shall be subject to the approval of the city traffic engineer or traffic director. No driveway shall have a width exceeding 35 feet or be nearer than 20 feet to an intersecting street right-of-way line, exclusive of curb returns and shall be approved by the city traffic engineer. All driveways shall be constructed with a Portland cement concrete approach slab extending from the edge of the roadway to the right-of-way line. The slab shall provide for curbing and ramping of sidewalks, where applicable and be subject to the inspection and approval of the city traffic engineer.

All open off-street parking and vehicle storage areas shall be improved with an adequate storm water drainage system, and paved with a crushed stone base, or equal, not less than six inches thick, and a wearing surface of asphaltic concrete or comparable hard-surfaced, all-weather dustless material not less than two inches thick. All open accessory off-street parking areas containing not more than four parking spaces shall be surfaced and maintained in such manner as to make them dust-free.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

All open off-street parking areas and driveways containing more than four parking spaces shall be effectively screened on each side adjoining or fronting on any residential or institutional property by a wall, opaque fence, or densely planted compact hedge not less than four feet in height, provided any such screening shall be in compliance with section 155.069.

(b)

Plantings considered acceptable for screening includes, but are not limited to:

(1)

Evergreens: Oriental Arborvitae, Upright Junipers, and Hicksii Yews;

(2)

Shrubs: Honeysuckle, Forsythia, Privets, and Vibruniums.

(c)

No screening shall be required:

(1)

Along a street or alley;

(2)

Between adjacent parking lots; or

(3)

If the parking lot and driveways are more than 20 feet from a property line.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Accessory off-street parking spaces shall be located on the same zoning lot as the use served. However, uses other than single- or two-family dwellings which are in existence on July 22, 1966 may be served in accordance with requirements of this chapter by parking facilities located on land other than the zoning lot on which the building or use served is located, provided such facilities are located within 300 feet walking distance from the structure served, and are located on a zoning lot which is zoned the same as the use served, or is zoned in a less restrictive district; or has received a conditional permitted use as established in sections 155.175 through 155.208.

(b)

No parking space shall be located in a required front yard. Where applicable, safety curbing or a barrier shall be provided to define the limits of the parking area and prevent encroachment into a required front yard.

(c)

Accessory off-street parking spaces which are not located on driveways but are located between the required front yard and a single-family or duplex residence shall be located on a paved area, and effectively screened on each side adjoining a residential property, by a wall, opaque fence or densely compact hedge, not less than four feet in height.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Safety curbing in the form of a six-inch concrete curb or other suitable barrier shall be provided along the street line, excluding alleys, for all open off-street parking areas so as to define driveways and prevent encroachment on sidewalks or public property by vehicles utilizing the facility. Such curb shall be at least three feet from the street line.

Illumination of any nonresidential property, including, but not limited to traffic area, storage areas and accessory off-street parking area shall be arranged so as not to reflect rays of light into adjacent residential zoning lots and streets.

See section 155.480 for additional lighting requirements.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

No building or other structure shall be erected and no extensions, major repairs, or substantial alterations shall be made to an existing building or other structure unless there already exists on the zoning lot, or unless provision is made for the location on the lot concurrently with such erection or change, off-street loading space on the basis of the following minimum requirements.

Multiple-family dwellings, boarding or lodging houses, dormitories, fraternity and sorority houses, and apartment hotels. One off-street loading space shall be provided for each building having 10,000 to 150,000 square feet of floor area, plus one additional loading space for each additional 150,000 square feet of floor area or fraction thereof.

One off-street loading space shall be provided for each building having 10,000 to 150,000 square feet of floor area, plus one additional loading space for each additional 150,000 square feet of floor area or fraction thereof.

One off-street loading space shall be provided for each building having 10,000 to 150,000 square feet, plus one additional loading space for each additional 100,000 square feet of floor area or fraction thereof.

One off-street loading space shall be provided for each building having 10,000 to 150,000 square feet of floor area, plus one additional loading space for each additional 150,000 square feet of floor area or fraction thereof.

(a)

Airports, railroad passenger and freight stations, public transit and bus terminals, and post offices. One off-street loading space shall be provided for each building having 10,000 to 50,000 square feet plus one additional loading space for each additional 50,000 square feet of floor area or fraction thereof.

(b)

Electric substations, gas valve and regulator sites, fire and police stations, radio or television stations, telephone exchanges, and water or sewerage pumping stations. One off-street loading space shall be provided for each building having 10,000 to 150,000 square feet, plus one additional loading space for each additional 150,000 square feet of floor area or fraction thereof.

One off-street loading space shall be provided for each building having 10,000 to 150,000 square feet, plus one additional loading space for each additional 150,000 square feet of floor area or fraction thereof.

Retail or service establishments and eating and drinking establishments. Off-street loading spaces shall be provided in accordance with the following table:

For each additional 100,000 square feet of floor area, or fraction thereof in such a building, one additional loading space shall be provided.

(a)

Bowling alleys, dance halls, gymnasiums, skating rinks, recreation centers, and similar facilities. One off-street loading space shall be provided for each building having 10,000 to 150,000 square feet of floor area, plus one additional space for each additional 150,000 square feet of floor area or fraction thereof.

(b)

Theaters. One off-street loading space shall be provided for each building having 8,000 to 50,000 square feet of floor area, plus one additional space for each additional 50,000 square feet of floor area or fraction thereof.

One off-street loading space shall be provided for each building having 10,000 to 150,000 square feet of floor area, plus one additional space for each additional 150,000 square feet of floor area or fraction thereof.

One off-street loading space shall be provided for each building having up to 25,000 square feet of floor area, plus one additional space for each additional 25,000 square feet or fraction thereof.

In wholesale, manufacturing and industrial plants, including warehouses and storage buildings and yards, contractor equipment and lumber yards, business service establishments such as blueprinting and engraving, soft drink bottling establishments, breweries, fabricating plants, research laboratories, and all other establishments devoted to production, processing, cleaning, servicing, testing, or repairing of materials, goods, or products. One off-street loading space shall be provided for each building having 5,000 to 39,999 square feet of floor area; two off-street loading spaces shall be provided for each building having 40,000 to 100,000 square feet of floor area, plus one additional space for each additional 100,000 square feet of floor area or fraction thereof. Each such loading space for buildings over 10,000 square feet shall be not less than 50 feet in length.

Uses not specifically listed in this division. Off-street loading spaces shall be provided in accordance with requirements heretofore set forth for the most similar uses.

A required off-street loading space shall be not less than ten feet in width, 14 feet in height, and 25 feet in length, exclusive of access aisles and maneuvering space, unless otherwise specified.

All required off-street loading spaces shall be located on the same zoning lot as the use to be served. No loading spaces for vehicles of more than two-ton capacity shall be closer than 50 feet to any property in a residence district unless completely enclosed by building walls, or a uniformly painted solid fence or wall, or any combination thereof, not less than six feet in height. No permitted or required off-street loading space located in a required rear yard shall be open to the sky.

Each required off-street loading space shall be designed with appropriate means of vehicular access to a street or alley in a manner which will least interfere with traffic movements and subject to approval by the city traffic engineer.

All open off-street loading spaces shall be improved with a durable hard surface pavement. The pavement shall be equal to or superior to a pavement consisting of a base course of macadam not less than six inches thick, with a bituminous surface of not less than two inches thick.

No storage of any kind nor motor vehicle repair or service shall be permitted within any required off-street loading space.

Space allowed to any off-street loading space shall not, while so allocated, be used to satisfy the space requirements for any off-street parking facilities or portions thereof.

The schedule of requirements for accessory off-street parking spaces and off-street loading spaces applicable to newly erected or substantially altered structures shall be a continuing obligation of the owner of the real estate on which any such structure is located so long as the structure is in existence and its use requiring vehicle parking or vehicle loading facilities continues and it shall be unlawful for an owner of any building affected by this chapter to discontinue, change, or dispense with, or to cause the discontinuance or change of the required vehicle parking or loading space which meets the requirements of and is in compliance with this chapter, or for any person, firm, or corporation to use such building without obtaining the use of sufficient land for vehicle parking or loading space to meet the requirements of this division.

(a)

The number of parking or loading spaces required on the erection or substantial alteration of a building shall not be reduced except on written approval of the zoning administrator after proof that, by reason of diminution in floor area, seating capacity, dwelling units, number of employees, or change in other factors controlling the requirements for accessory off-street parking or loading spaces, the proposed reduction is consistent with the general purposes of this article.

(b)

Whenever, on or after July 22, 1966, there is an increase in floor area, seating capacity, dwelling units, number of employees, or other factors controlling the requirements for accessory off-street parking or loading spaces, the facilities as required herein shall be provided for the increase in intensity of use. However, no building or structure lawfully erected for a use lawfully established prior to July 22, 1966 shall be required to provide such additional accessory off-street parking or loading spaces unless and until the aggregated increase in factors controlling the requirements for parking or loading facilities equals 15% of those factors or units of measurement existing on July 22, 1966, in which event, parking or loading facilities as required shall be provided for the total increase, provided, that in the case of the expansion or alteration of residential buildings, required accessory off-street parking or loading spaces shall be provided on the basis of the total required units of measurement for the entire capacity of the building.

(c)

Whenever the existing use of a building or other structure is changed to another use, accessory off-street parking and loading spaces shall be provided as required for such use. However, if the building or other structure was erected prior to July 22, 1966, a minimum number of additional spaces are mandatory only in the amount by which the requirements for the new use exceed those for the existing use, had it been subject to the off-street parking and loading provisions of this chapter.

(d)

However, nothing in this section shall limit the power of the zoning administrator or city traffic engineer to prescribe that more accessory off-street parking or loading spaces be provided if the overall need is 25% greater than the overall requirements of the previous use, had the building containing the use been erected on or after July 22, 1966.

For any building or other structure containing a conforming use or a building or other structure containing a legally nonconforming use which is in existence on July 22, 1966, which subsequently thereto is damaged or destroyed by any means, and which is reconstructed, reestablished, or repaired in accordance with section 155.158, accessory off-street parking or loading spaces need not be provided, except that parking or loading facilities equivalent to any maintained at the time of such damage or destruction shall be restored or continued in operation.

(a)

For the purpose of converting portions of a zoning lot into a parking or loading area, plans must be submitted to the city traffic engineer to show how the area is to be arranged, and to indicate sufficient space for parking maneuvers, as well as adequate access to the area. Plans for accessory off-street parking areas must be approved by the traffic engineer before a building permit is issued. It is the responsibility of the property owner and tenant to insure that the approved parking plan is adhered to.

(b)

No parking lot may be constructed or implemented unless and until a building permit is obtained from the Building and Zoning Department at a cost based on the standard building permit fee. The property owner and the individual or entity actually constructing the parking lot shall be responsible for obtaining the permit. No work shall start until the permit has been obtained. Any individual or entity starting work prior to applying for, and receiving said permit shall be subject to a fine based on the standard fines associated with building other structures without a permit. This fine may be in addition to, and not in lieu of, any additional fines or penalties that are provided for in this chapter.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Ord. No. 296-06-04, § 1, 6-1-04; Doc. No. 2005-103, § 1, 12-20-05)

To provide for the location of certain uses with unique characteristics which may be necessary or appropriate within a given district but which might have an unusual impact on surrounding properties or the community, or adversely affect the future development of a district or the community, a classification of conditional permitted uses is established. The location, design and conditions of operation of these uses require special administrative review, by the Springfield Planning and Zoning Commission in accordance with procedures set forth in this article. Such uses may be developed in the districts specified if special findings are made that the standards and conditions set forth in the applicable sections of this article have been met.

(a)

Where a use existing on July 22, 1966, or existing at the time the land on which the use is located becomes subject to this chapter, is classified by this chapter as a possible conditional permitted use in the district in which it is zoned under this chapter, it shall be considered a legal conditional permitted use, unless the conditional permitted use discontinues active continuous operations for a period of two years.

(b)

Additions or alterations to existing buildings, the construction of accessory buildings or land improvements for expansion of lawful conditional uses shall be permitted within the area of the lot included in the ownership existing on July 22, 1966; provided that yard, floor area ratio, and building height requirements set forth in this chapter for permitted uses in the district in which they are located shall apply. Any lawful conditional use may be reconstructed in the event of destruction by catastrophe.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

Conditional permitted uses shall conform to all the applicable requirements for bulk, accessory off-street parking, and off-street loading and all other applicable provisions of this chapter.

In harmony with the general purposes and intent of this chapter and in accordance with the provisions of the specific section of this article applicable to the particular use involved, the Springfield Planning and Zoning Commission may, in appropriate cases, after public notice given in the same manner as is provided for in the case of a hearing on an application for an amendment, grant permits for certain conditional permitted uses in the several districts, provided the Springfield Planning and Zoning Commission makes all the special findings required and further finds that the proposed use will not interfere with any approved or pending public improvements, including housing, highways, public buildings, or facilities, redevelopment or renewal programs or rights-of-way for sewers, transit, or other public facilities.

In the R-3, R-5(a) and (b) residence districts and the R-5(c) and OFF districts, the Springfield Planning and Zoning Commission may permit tourist homes or bed and breakfasts inns provided the following special findings are made:

(a)

Accessory off-street parking can be provided on the basis of one space per each dwelling unit or lodging room.

(b)

No signs will be used which are not permitted in the R-3 districts.

(c)

The proposed location, design, and utilization of the tourist home or bed and breakfast inn will not have a detrimental effect on the privacy, quiet, light, and air of the neighborhood.

The Springfield Planning and Zoning Commission may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

In all districts, the Springfield Planning and Zoning Commission may permit cemeteries or mausoleums, provided it finds that:

(a)

The use is necessary for the public convenience.

(b)

The use will not preempt land needed for future expansion of an existing industrial operation or land proposed for a planned industrial park.

The Springfield Planning and Zoning Commission may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

In the R-1, R-2, R-3, R-4, R-5, OFF, and S-1 and S-2 districts, the Springfield Planning and Zoning Commission may permit electric substations, gas valve and regulator sites, fire stations, telephone exchanges, and water or sewerage pumping stations, provided it finds that:

(1)

Such use will serve the residential neighborhood within which it is located, whenever possible, and that there is no practical possibility of serving such area from a facility located in a nearby district where such use is permitted as of right.

(2)

If possible, the use is not located on a minor residential street, and is so located as to draw a minimum of vehicular traffic to and through such streets.

(3)

The proposed location, design, and method of operation will not have a detrimental effect on the privacy, quiet, light, and air of the neighborhood.

(b)

The Springfield Planning and Zoning Commission may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area including requirements for ground proofing of electric substations, for the construction of fences, barriers, or other safety devices, or for landscaping.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

In the S-1 and S-2 shopping districts, the Springfield Planning and Zoning Commission may permit multifamily residences, provided it finds that:

(a)

The proposed location is reasonably suited to residential uses in that commercial activities and influences of the neighborhood do not pose a substantial threat to the health and safety of the potential residents.

(b)

There is not a trend towards more intensive commercial or industrial uses in the vicinity.

(c)

The residences, if permitted, will result in an appropriate mixture of local shopping and residential uses designed to create a more interesting, livelier, and efficient neighborhood.

The Springfield Planning and Zoning Commission may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

The Springfield Planning and Zoning Commission may permit accessory off-street parking not on the same zoning lot as the use served in R-3, R-5, OFF, S-1, S-2, S-3, B-1, and B-2 zoning districts if it finds:

(a)

That the building or site the accessory off-street parking is intended to serve will not physically support supplemental off-street parking.

(b)

That the off-site accessory off-street parking will be reasonably available to all persons using the facility being served.

(c)

That the off-site accessory off-street parking lot is within 500 feet walking distance of the nearest general purpose entrance of the facility being served.

The Springfield Planning and Zoning Commission may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

In any S-1, S-2, or S-3 business district, the Springfield Planning and Zoning Commission may permit commercial off-street parking provided it finds:

(a)

That the site for such use has direct access upon a street providing a minimum of one full traffic lane for each direction of traffic flow permitted.

(b)

That a parking shortage can be identified within one-quarter mile.

(c)

That a sign identifies parking placed beyond any required setback containing an address or telephone number of an owner or manager.

(d)

That the parking lot will be in full compliance with all applicable provisions of sections 155.090 through 155.143.

The Springfield Planning and Zoning Commission may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

The city council may, after public notice and hearing by the Springfield Planning and Zoning Commission in harmony with the general purposes and intent of this chapter and in accordance with the provisions set forth in this article, grant permits for certain conditional permitted uses in the several districts, provided that such uses shall conform to the applicable requirements for bulk, accessory off-street parking and off-street loading, and all other regulations of this chapter. The city council may revoke conditional permitted uses, for noncompliance with the conditions imposed upon the use.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

An application to the office of zoning administrator for the grant of any conditional permitted use specified in sections 155.188 through 155.206 shall include a site plan showing the location and proposed use of all buildings or other structures on the site, the location of all vehicular entrances and exits, and accessory off-street parking spaces, a diagram of the location of the site in relation to the surrounding street pattern and other traffic generating uses, and such other information as may be required from time to time by the Springfield Planning and Zoning Commission.

The city council may permit the uses set forth in sections 155.190 through 155.208, 115.210, 155.211, 155.211.1, 155.211.2 and 155.211.3 provided that as a condition precedent to granting such conditional use permits:

(a)

Each such application is submitted by the Springfield Planning and Zoning Commission to the traffic engineering department and that department transmits to the Springfield Planning and Zoning Commission its report with regard to the anticipated traffic congestion, if any, resulting from such facility in the proposed locations.

(b)

The Springfield Planning and Zoning Commission makes a report to the city council covering all the matters with respect to which the council is required to make findings as a condition to granting the permit, together with any recommendation of the commission with respect to whether or not the permit should be granted. When making a recommendation, the Springfield Planning and Zoning Commission may recommend and the City Council impose appropriate conditions, restrictions and safeguards to minimize adverse effects on the character of the surrounding area.

(c)

The city council makes all of the special findings required in the section applicable to the particular use involved, together with the following general findings:

(1)

That the proposed use will not interfere with any approved or pending public improvements, including housing, highways, public buildings, or facilities; redevelopment or renewal programs; or rights-of-way for sewers, transit, or other public facilities.

(2)

That such use conforms to all officially adopted comprehensive plans and in particular that such use is properly located in relation to the location of highways, major and secondary thoroughfares shown on the official city plan, and in relation to the normal pattern of local streets, and pedestrian circulation in the surrounding area.

(3)

That the vehicular entrance or exit for such use will be at least 100 feet from any exit or entrance for a school (except trade schools for adults), and playground accessory thereto, or any noncommercial park or playground one-half acre or more, church or other house of worship or day care in the area.

(4)

That the proposed location, design, and method of operation of such use will minimize the adverse effects on the character of surrounding area.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Any conditional permitted use may be revoked by the Springfield City Council for the following reasons:

(1)

A violation of any specific provisions of the ordinance granting the conditional permitted use; or

(2)

A violation of any general provisions of the conditional permitted use requirements contained in this chapter.

(b)

Revocation of a conditional permitted use may be initiated in the following way:

(1)

By adoption of a motion by the Springfield Planning and Zoning Commission.

(2)

By introduction of an ordinance by the mayor or by a member of the city council.

(3)

By petition submitted by the owner(s) of all the property subject to the conditional permitted use.

(c)

Notice of proceedings for revocation. Immediately upon initiation of revocation proceedings, the zoning administrator shall notify the owners of the subject property. The owner may submit a written response to the zoning administrator within 15 days of receiving such notice.

(d)

Planning and zoning commission public notice and public hearing.

(1)

The planning and zoning commission shall hold a public hearing on the revocation.

(2)

The planning and zoning commission shall make a recommendation to the Springfield City Council, regarding the revocation.

(e)

City council hearing. The city council shall determine if the conditional permitted use shall be revoked.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

In the R-1, R-2, and R-3 residence districts, the city council may permit nonbusiness clubs, provided the city council finds that:

(a)

The proposed location, design, and method of operation will not have a detrimental effect on the privacy, quiet, light, and air of the neighborhood.

(b)

The zoning lot is screened along the rear lot line and side lot line to within 35 feet of the front lot line by a strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type which may be expected to form a year-round dense screen at least six feet high within three years.

In any R-3 residence districts the city council may permit medical centers or clinics and hospitals and nursing homes, provided the city council finds that:

(a)

The site for such use fronts on a major or secondary thoroughfare as shown on the official city plan.

(b)

No signs will be used that are not allowed in the OFF district and that any illuminating sign shall face on a major or secondary thoroughfare.

(c)

The proposed location, design, and utilization of the facility will not have a detrimental effect on the privacy, quiet, light, and air of the surrounding residences.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

In any R-3, R-5(a) and (b) residence districts and R-5(c) and off district, the city council may permit institutions, fraternal or philanthropic; all types of institutions for children or the aged; and all types of nursing homes or sanitariums.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

(a)

In the B-1, B-2, I-1 and I-2 districts, the city council may permit fairgrounds, racetracks, or drive-in theaters, provided the city council finds that:

(1)

The principal vehicular access for such use is not located on a minor residential or collector street, but is located on a major thoroughfare, or on a secondary thoroughfare, within one-quarter mile of a major thoroughfare.

(2)

Such use is so located as to draw a minimum of vehicular traffic to and through minor and collector streets in residential areas.

(3)

Such use is not located within 500 feet of a residence district.

(4)

Adequate reservoir space at the vehicular entrance and sufficient vehicular entrances and exits are provided to prevent traffic congestion.

(5)

Vehicular entrances and exits for such use are provided separately, and are located not less than 100 feet apart.

(b)

The Springfield Planning and Zoning Commission may recommend and the city council impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs, or requirements for soundproofing of arenas or auditoriums, shielding of floodlights, or surfacing of all access roads or driveways.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

In the S-2 and S-3 districts, the city council may permit gasoline service stations and automotive service facilities incidental to major retailers, provided the city council finds that:

(1)

The use is so situated so as not to break the continuity of existing or proposed retail development.

(2)

No major mechanical repair, battery repair, tire rebuilding or automobile washing, except hand washing shall be conducted in connection with such use.

(b)

The Springfield Planning and Zoning Commission may recommend and the city council impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including limitations on signs, shielding of floodlights, location of access driveways, and requirements for screening or fencing along residence district boundaries.

(a)

In the B-2 district, the city council may permit trucking terminals or motor freight stations in excess of 20,000 square feet per establishment, provided the city council finds that:

(1)

The principal access for such use is not on a minor residential or collector street, but is located on a major or secondary thoroughfare.

(2)

Vehicular entrances and exits for such use are provided separately and are located not less than 100 feet apart.

(3)

Such use is not within 200 feet of a residence district boundary.

(b)

The Springfield Planning and Zoning Commission may recommend and the city council impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area, including requirements for shielding of floodlights, screening, and surfacing of access roads or driveways.

(a)

In the I-1 and I-2 districts, the city council may permit the construction, enlargement, extension, or reconstruction of airports and their facilities, provided that, as a condition precedent:

(1)

The applicant shall submit a site plan showing the location and dimensions of all runways, in addition to all other information required in section 155.187 (requirements for application);

(2)

The applicant shall present to the Springfield Planning and Zoning Commission satisfactory evidence of the approval of the proposed development by the Federal Aviation Administration.

(b)

In addition, the city council shall, before granting a permit, make the following special findings:

(1)

That the airport is an appropriate use and will not unduly interfere with surrounding land uses;

(2)

That due consideration has been given to the selection of a site situated near or adjacent to large parks or other open areas.

(c)

The Springfield Planning and Zoning Commission may recommend and the city council impose appropriate additional conditions and safeguards to minimize adverse effects on the character of the surrounding area, and in the event that the application is granted, the city council shall adopt an ordinance limiting the height of buildings or other structures to 35 feet for a depth of one-quarter mile around the entire perimeter of the airport.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

In the R-1, R-2 and R-3 districts, the city council may permit riding stables and agricultural uses, provided the city council finds that:

(1)

The area of the zoning lot is at least 25,000 square feet.

(2)

In selecting the site, due consideration has been given to the proximity of areas suitable for riding trails and pasturage which are accessible without crossing major thoroughfares.

(3)

The operation of a riding stable and engaging in agricultural uses at the location will not have an adverse effect on neighboring residential property and will not create a traffic hazard.

(b)

The Springfield Planning and Zoning Commission may recommend and the city council impose appropriate conditions and safeguards to minimize adverse effects on the character of surrounding areas, including requirements for buffering, screening and fencing.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

In the residential districts, the city council may permit country club and/or golf course clubhouses to have liquor sales by the drink and in the S-1, S-2 and B-1 districts, the city council may permit taverns, micro-breweries and banquet halls with liquor sales by the drink if the council finds that:

(1)

The operation of a country club or golf course clubhouse or tavern at the particular location will not have an adverse effect on the district in which it is located or on nearby residence districts.

(2)

The zoning lot on which the country club, golf course clubhouse or tavern is to be located is at least 100 feet from the nearest lot on which there is a residence, church, school, park, community facility or day care.

(3)

There shall be no drive-in or drive-up windows for the sale of alcohol.

(b)

The Springfield Planning and Zoning Commission may recommend and the city council may impose appropriate conditions and safeguards to minimize possible adverse effect on the character of the surrounding area.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2008-093, § 1, 2-17-09)

(a)

The city council may permit nurseries in any residential district if the council finds that:

(1)

The proposed location is appropriate for the purpose.

(2)

The operation of a nursery will not adversely affect nearby residential property.

(b)

The granting of a permit pursuant to this section does not authorize the operation of a greenhouse in a residential district.

(a)

In the I-2 district, the city council may permit automobile dismantling and wrecking establishments, automobile graveyards, and garbage and refuse disposal, and junkyards, if the council finds that:

(1)

The proposed location is appropriate for the purpose.

(2)

The operation of the proposed use will not adversely affect the surrounding area.

(b)

The Springfield Planning and Zoning Commission may recommend and the city council impose appropriate controls and safeguards to minimize adverse effects on the character of the surrounding area, including, but not limited to, requirements for buffering, screening or fencing.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

On S-1, S-2 and S-3 zoning lots adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley the city council may permit a restaurant with drive-in service which is made a conditional permitted use by section 155.051 in districts where such a business would be permissible but for the provisions of section 155.051 if the council first receives the recommendations of the city traffic engineer as to the particular conditional permitted use under consideration and if the council finds that:

(a)

The use is not likely to cause unreasonable congestion of traffic within the public streets or unreasonable blocking of public alleys.

(b)

The use is not likely to create unreasonable danger of injury to persons or property.

(c)

There shall be no drive-in or drive-up windows for the sale of alcohol.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2008-093, § 1, 2-17-09)

In the R-5, OFF and S-1 districts for helistops, and in the S-2, B-2 and I-1 districts for heliports, the city council may grant a conditional permitted use provided it finds that:

(a)

The heliport or helistop will conform to the best standards for safety and operation.

(b)

The proposed location, design, and method of operation of that heliport or helistop will not have a detrimental effect on the surrounding properties.

(c)

There are no apparent flight path obstructions, which might pose hazards to heliport or helistop users or to surrounding properties.

(d)

All supplementary use regulations for heliports and helistops have been complied with.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

(a)

The city council may, after public notice and hearing by the historic sites commission, grant permits for conditional permitted uses in the H-1, H-2, H-3 historic zoning district as provided in sections 155.269, 155.271, 155.273 and landmarks and historic districts as provided in 155.279.

(b)

Application for the grant of a conditional permitted use in the H-1, H-2, H-3 historic zoning districts and landmarks and historic districts shall be made in the same manner as application for the other conditional permitted uses which the council is authorized to grant and the same procedure shall be followed, except that the body to conduct the hearing and make its report to the council shall be the historic sites commission, rather than the Springfield Planning and Zoning Commission.

(c)

No permit for a conditional permitted use in the H-1, H-2, or H-3 historic zoning districts shall be granted unless the council finds that:

(1)

The contemplated use is an appropriate use for the proposed location.

(2)

The proposed development is compatible with the historic character of the district and will not interfere with the plans of the historic sites commission for the restoration and development of the district.

(3)

The exterior architectural features of the proposed development are in harmony with standards prescribed by the historic sites commission and approved by the council.

(4)

The proposed use in terms of location design, and method of operation will not have a detrimental impact on the traffic, privacy, quiet, light, and air of the neighborhood in which it is located.

(d)

The historic sites commission may recommend and the council may impose appropriate conditions and safeguards designed to assure that the use will be conducted in a manner compatible with the historic heritage the property of the area and the character of the neighborhood.

(Doc. No. 94-123, § 1(Exh. A), 12-20-94)

Editor's note— Formerly § 155.209 pertained to conditional permitted uses in the H-2 historic district. Such section bore no history note and was deleted by Docket No. 94-123, § 1(Exh. A), adopted Dec. 20, 1994.

In the S-1, S-2 and B-1 districts, the city council may permit retail sales of package liquor if the council finds:

(a)

That the operation of the package liquor store at the particular location will not have an adverse effect upon the district in which it is located or upon nearby residence districts.

(b)

That the zoning lot on which the package liquor store is to be located is at least 100 feet from the nearest residential zoning lot, church, park, school, community facility or commercial daycare center.

(c)

There shall be no drive-in or drive-up windows for the sale of alcohol.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2008-093, § 1, 2-17-09)

In the S-1, S-2 and B-1 districts, the city council may permit restaurants on lots adjoining the R-1, R-2 or R-3 zoning districts or equivalent planned unit development designation, or otherwise adjoining those districts but for an alley, which serve alcoholic beverages in conjunction with food service if the council finds:

(a)

That the operation of such a restaurant at that particular location will not have an adverse effect upon the district in which it is located or upon nearby residence districts.

(b)

That the zoning lot on which such restaurant is to be located is at least 100 feet from the nearest church, park, school, community facility or commercial daycare center.

(c)

That there shall be no drive-in or drive-up windows for the sale of alcohol.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2008-093, § 1, 2-17-09)

Editor's note— Doc. No. 2018-055, § 1(Exh. A), adopted May 21, 2024, which pertained to family community residence or group community residence, and derived from Doc. No. 90-145, § 1(Exh. A), adopted Dec. 18, 1990; Ord. No. 411A-07-01, § 1(Exh. A), adopted July 24, 2001; and Doc. No. 2013-022, Exh. A, adopted Apr. 16, 2013.

In the R-3, R-5 and OFF districts the city council may permit rehabilitation homes if the council finds:

(a)

That the operation of such a rehabilitation home will not have an adverse effect upon the district in which it is located or upon the surrounding neighborhood.

(b)

That the zoning lot on which such rehabilitation home is to be located is at least 100 feet from the nearest public or private school and family or commercial day care.

(Doc. No. 90-145, § 1(Exh. A), 12-18-90; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

(a)

In the B-2 and I-1 districts the city council may permit adult uses if the council finds:

(1)

That the use conforms to all applicable regulations of the district in which it is to be located.

(2)

That the zoning lot on which such adult use is to be located is at least 1,000 feet from the nearest residential zoning lot, church, day care, cemetery, public housing, school, library, park, or other public operated recreation facility.

(b)

The following review process shall apply to all applications to grant a conditional permit for adult uses.

(1)

In addition to the requirements for notice and public hearing contained in section 155.185, the planning and zoning commission shall transmit its recommendation to the city council within 90 days of filing the application for a conditional permitted use with the zoning administrator.

(2)

Within 60 days after receipt of the recommendation of the planning and zoning commission, the city council shall either deny the conditional permitted use, or grant the conditional permitted use with or without modification or conditions.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

In any residential district the city council may permit family day-care homes (type 1 and 2) to be located within 300 feet of another such facility if it finds that the proposed location and use will not have any adverse impact upon nearby residences.

(Doc. No. 2003-049, § 5, 7-15-03)

In the B-2, B-2, I-1 and I-2 districts the city council may permit this use. Please see §§ 155.490—155.498 for the applicable rules and regulations.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14; Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

Editor's note— Doc. No. 2019-057, § 1(Exh. A), adopted Nov. 19, 2019, changed the title of § 155.211.5 from medicinal cannabis cultivation centers to medical cannabis cultivation centers.

In the S-3, I-1 and I-2 districts the city council may permit this use. Please see §§ 155.490—155.498 for the applicable rules and regulations.

(Doc. No. 2014-058, § 1(Exh. A), 11-18-14)

In the S-3, B-1, B-2, I-1 and I-2 districts the city council may permit this use. Please see §§ 155.490—155.498 for the applicable rules and regulations.

(Doc. No. 2019-057, § 1(Exh. A), 11-19-19)

In the S-3, B-1, B-2, I-1 and I-2 districts the city council may permit this use. Please see §§ 155.490—155.498 for the applicable rules and regulations.

(Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-020, § 1(Exh. A), 5-19-20)

In the B-1, B-2, I-1 and I-2 districts the city council may permit this use. Please see §§ 155.490—155.498 for the applicable rules and regulations.

(Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

Editor's note— Doc. No. 2010-021, § 1(Exh. A), adopted May 19, 2020, changed the title of § 155.211.9 from adult-use cannabis craft growers and infusers to adult-use cannabis craft growers.

In the I-1 and I-2 districts the city council may permit this use. Please see §§ 155.490—155.498 for the applicable rules and regulations.

(Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

In the B-1, B-2, I-1 and I-2 districts the city council may permit this use. Please see §§ 155.490—155.498 for the applicable rules and regulations.

(Doc. No. 2019-057, § 1(Exh. A), 11-19-19; Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

In the I-1 and I-2 districts the city council may permit this use. Please see §§ 155.490—155.498 for the applicable rules and regulations.

(Doc. No. 2020-021, § 1(Exh. A), 5-19-20)

Purpose:

(a)

The purpose of this article is to establish reasonable and impartial regulations for all signs in order to reduce traffic hazards caused by such unregulated signs which may distract and confuse, and impair the visibility of, motorists and pedestrians; ensure the effectiveness of public traffic signs and signals; protect property values by ensuring the compatibility of property with that surrounding it; provide an attractive visual environment throughout the city; attract tourist to the city; protect the public investment in streets, highways, and other public improvements; and protect and improve the public health, safety, and general welfare.

(b)

The regulations contained in this article advance these significant government interests and are the minimum amount of regulation necessary to achieve them.

Except as authorized in section 155.350 with respect to nonconforming signs, all signs shall be in compliance with the provisions of this chapter.

Definitions:

(a)

Sign. Any structure or part thereof, or any device attached to, painted on, or represented on a building or other structure, on which is displayed or included any letter, work, model, banner, flag, pennant, insignia, decoration, device, or representation used as an announcement, direction, advertisement, or other attention directing device. A "sign" does not include a similar structure or device located within a building except for illuminated signs within windows visible from the street. A "sign" includes any billboard, but does not include the flag or cloth pennant or insignia of any nation or association of nations, or of any state, city, or other political unit, or of any political, charitable, educational, philanthropic, civic, professional, religious, or like campaign, drive, movement, or event. Signs shall also include any permanently installed or displayed merchandise.

(1)

Advertising off-premises sign. A sign, which directs attention to a business, commodity, service or entertainment, conducted, sold, or offered elsewhere than on the same zoning lot, or an adjoining lot.

(2)

Business on-premises sign. An accessory sign, which directs attention to a profession, business, commodity, service, or entertainment, conducted, sold, or offered on the same zoning lot. Including "for sale" or "for rent" sign relating to the zoning lot on which it is displayed.

(3)

Flashing sign. Any illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Including any revolving illuminated sign.

(4)

Ground sign. A freestanding sign, which is permanently anchored directly to the ground by any means, including, but not limited to pole, pylon, monument-type signs and wall like structures.

(5)

Illuminated sign. Any sign designed to reflect light from one or more sources, natural or artificial.

(6)

Portable sign. A sign not permanently anchored or secured to either a building, structure, columns, braces or the ground such as, but not limited to "A" frame signs, "T" shaped and inverted "T" shaped signs, signs affixed to a chassis with wheels for towing.

(7)

Temporary sign. A sign not permanently affixed to the ground or any structure, including, but not limited to any sign, pennant, balloons, or other display constructed of cloth, canvas, light fabric, cardboard, wallboard, sheet metal or other light materials, "A" frame, "T" shaped and inverted "T" shaped signs, or any sign intended to be displayed for a limited period of time. Temporary signs include real estate, garage sale, special event, construction, election, yard sale, demonstration sign and similar signs intended for a temporary period of posting, only to the extent such signs are not permanently affixed to the ground or any structure. "Temporary sign" does not include a "portable sign".

(8)

Billboard. A type of freestanding sign that has greater than 300 square feet of sign areas determined by this chapter. Billboards constitute a separate and distinct land use due to the size and prominence upon the landscape. A billboard is considered an "advertising sign".

(9)

Banner. Shall mean a strip of flexible material such as cloth, paper, canvas, or plastic, with or without a structural frame.

(10)

Nonconforming sign. Any sign lawful at the time of the enactment of this zoning ordinance, which does not comply with all the regulations of the zoning ordinance or of any amendment hereto governing signs.

(11)

Residential complex or subdivision sign. A sign containing the name of a multifamily residential complex or a residential subdivision, with or without its accompanying address.

(12)

Wall sign. A sign attached parallel to and extending not more than 24 inches from the wall of a building and includes painted individual letter and cabinet signs.

(13)

Pole sign. A freestanding sign placed and supported from the ground on a single or double pole.

(14)

Electronic message signs. A sign of permanent character, but with electronically changeable letters, words, or numerals indicating the names of persons associated with or events conducted upon or products or services offered upon the premises where the sign is located, internally illuminated by means of electronic bulbs or similar methods, controlled electronically.

(15)

Real estate sign. A sign indicating the availability for sale, rent, or lease of the specific lot, building, or portion of a building upon which the sign is posted.

(16)

Pennant. Any lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from a rope, wire, or string.

(17)

Adjoining lot signage. Ground signage, used to identify a business located on an adjoining zoning lot, used in lieu of signage permitted on the zoning lot on which the business is located. The total amount of signage permitted on an adjoining lot shall not exceed ½ the total signage permitted for the lot on which the business is located.

(18)

Demonstration sign. A sign displayed by a licensed contractor (as provided for in section 110.285 of this Code) for the purpose of determining whether or not the owner or tenant desires to purchase such a sign, placed only on property that is located within: (i) residential districts where there is not a residential use on the property; and (ii) districts zoned office, commercial or industrial.

(19)

Special event sign. A demonstration or temporary sign used during a special event to identify or promote the special event. Special event signs must be located on the same zoning lot as the event and may be illuminated. Special event signs are limited to the same square footage as temporary signs and require a building permit to be issued, prior to installation.

(b)

Exempt "signs" include, but are not limited to the following:

(1)

Flags: Flags of any nation or association of nations, state, county, city or other legally recognized governmental unit, charitable, educational, philanthropic, civic, religious or not-for-profit organization.

(2)

Traffic signs: The erection, construction and maintenance of official traffic, fire and police signs, signals and devices and markings of the state, county or city.

(3)

Directional signs: Nonilluminated directional or informational signs of a public nature. For churches, schools or community facilities not exceeding two square feet in area.

(4)

Hospital directional signs: Informational or directional signs designating hospital entrances, parking or other facilities, that comply with all other regulations of this chapter.

(5)

Address number: Numbers posted to meet the requirements of the City of Springfield, Department of Fire Safety.

(6)

Public notices: Signs and public notices erected or required by governmental bodies, or authorized for a public purpose by any law, statute or ordinance. Such public signs may be of any type, number, area, height, location or illumination as authorized by law, statute or ordinance.

(7)

Public information signs: Signs identifying telephones, restrooms, and similar facilities, not to exceed two square feet. Advertising matter is not permitted on such signs.

(8)

Memorial plaques and cornerstones: Plaques and cornerstones not to exceed four square feet in area, designed, intended, or used to preserve the memory of a person, place, or event including landmark plaques and historical plaques.

(9)

Statues: Statues designed, intended or used to preserve the memory of a person, place, or event.

(10)

Entry doors messages: Messages appearing on or adjacent to entry or exit doors including "Push", "Pull", "Open" or "Closed" signs, not exceeding a total of two square feet in area per entrance or exit. Also, messages appearing on display windows or doors denoting hours of operation, credit cards accepted and similar information, not exceeding a total of two square feet per entrance or exit.

(11)

"No Parking" and "No Trespassing" signs not exceeding two square feet.

(12)

Gravestones.

(13)

Up to two permanent subdivision or development signs (one for each corner of the entry street) not exceeding 50 square feet in size each, inclusive of any logo. Any such subdivision sign shall be located within the boundaries of the subdivision which it identifies and shall not be installed until after a final subdivision plat has been recorded.

(14)

Signs placed by a public utility showing the location of underground facilities.

(15)

Outdoor political campaign signs on property with a residential zoning district classification or legal residential use. 65 ILCS 5/11-13-1(12).

(c)

Prohibited signs include, but are not limited to the following:

(1)

Portable, wheeled or trailer signs.

(2)

Signs placed on parked vehicles or trailers where the apparent purpose is to advertise a product or to direct people to a business or activity located on the same or nearby property.

(3)

Inflatable balloons, except as hereinafter provided. Inflatable balloons may be used in commercial or industrial zoning districts, for grand openings and special sales promotions. Such signs greater than two cubic feet may not be used for longer than ten days in any 60-day period. Tethered balloons greater than two cubic feet are limited to a maximum elevation of 20 feet from grade. The Building Department of the City of Springfield must approve the anchoring system for balloons greater than two cubic feet. Tethered balloons less than two cubic feet are limited to a maximum elevation of seven feet from grade. Tethered balloons less than two cubic feet shall not be displayed for more than three consecutive days in a seven-day period.

(4)

No sign shall be attached to any tree, utility pole, or painted upon or otherwise directly affixed to any rock, ledge or other natural feature.

(5)

Search light signs and laser light signs used to announce, direct attention or advertise a business, event or activity may be used only on a temporary basis in commercial or industrial zoning districts, for grand openings and special sales promotions. Such lights may not be used for longer than ten days in any 60-day period.

(6)

Hazardous signs which may be:

a.

Structurally unsafe.

b.

Constitute a hazard to safety or health by reasons of inadequate maintenance, dilapidation or abandonment.

c.

Not kept in good repair.

d.

Capable of causing electrical shocks to persons likely to come in contact with them.

e.

Suspended by hanging or swinging from eye bolts, cables, or similar means.

f.

Any sign or outdoor advertising sign structure which by reason of its size, location, content, coloring or intensity of illumination, constitutes a traffic hazard or detriment to traffic safety by obstructing or detracting from the visibility of any governmentally erected traffic sign or control device.

(7)

Flashing signs exceeding 14 watts per bulb, except illuminated signs which indicate the time, temperature or weather or other similar information shall not be considered flashing signs, provided that the total area of such sign is not greater than 16 square feet.

(8)

Signs which imitate traffic signs which use such words as "Stop", "Look", "Danger", "Go Slow", "Warning", "Caution" etc., except when such words are part of the name of a business

(9)

Other than balloons permitted in subsection (3) above, signs which move or give the appearance of movement. This category includes signs, which flutter, undulate, swing, rotate, oscillate or otherwise move by natural or artificial means.

(10)

Unoccupied premises: If a sign is located on a site and the sign was used by an establishment that has not occupied that site for a period of 90 days or more, that sign shall be removed. However, any sign structure or supports which are in conformance with the provisions of this chapter may remain in place, provided the sign face is removed.

(11)

Private signs are prohibited on the public property and public right-of-way.

(12)

Signs installed, erected, enlarged, or structurally altered in violation of the provisions of this chapter.

(13)

Ground mounted banners and associated stakes and posts.

(14)

Other signs not expressly permitted by this article.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2004-103, § 1, 2-15-04; Doc. No. 2007-024, § 1, 5-15-07; Doc. No. 2009-029, § 1(Exh. A), 9-15-09; Doc. No. 2010-057, § 1(Exh. A), 9-21-10)

For the purpose of the requirements of this chapter, the size of a sign is determined in the following manner:

(a)

When a sign is on a plate or framed, all of the plate or frame shall be included in the dimensions.

(b)

When a sign is not on a plate or framed, but is partly or entirely outlined by a line or area of artificial light, or if on a plat or frame and circumscribed by a larger line or area of artificial light, all of the area circumscribed by a line or area of artificial light shall be included in the dimensions.

(c)

When a sign consists only of letters, designs, or figures engraved, painted, projected, or fixed on a wall, or freestanding in front of a wall, the total area of the signs shall be the area of the smallest rectangle or circle within which all of the fixed lettering, designs, or figures may be included.

(d)

Structural members bearing no sign copy shall not be included in its surface area.

(e)

In the case of a two-sided, multi-sided, or three dimensional signs, other than when the sides are back-to-back and parallel, the sign surface area shall be computed by including the total of all sides designed to attract attention, or communicate information.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

Temporary signs, scope and purpose.

(1)

This section establishes reasonable regulations for the posting of temporary signs on private property.

(2)

The purpose of this section is:

a.

Balance the rights of individuals to convey their messages through temporary signs and the right of the public to be protected against the unrestricted proliferation of signs;

b.

Further the objectives of the city's comprehensive plan;

c.

Protect the public health, safety and welfare;

d.

Reduce traffic and pedestrian hazards;

e.

Protect property values by minimizing the possible adverse effects and visual blight caused by temporary signs;

f.

Promote economic development; and

g.

Ensure the fair and consistent enforcement of the temporary sign regulations specified below.

(b)

General provisions for temporary signs in all zones.

(1)

Temporary signs may be posted on property in all zones of the city, subject to the following requirements and those applicable provisions stated elsewhere in the City's Code of Ordinances.

(2)

The total square footage for temporary signs posted on a zoning lot shall not exceed:

a.

Sixteen square feet in the single-family and duplex residential districts (R-1 and R-2);

b.

Fifty square feet for permitted nonresidential uses in the single-family and duplex residential districts;

c.

Fifty square feet in the multi-family and office districts (R-3, R-5 and OFF districts);

d.

One hundred square feet in the commercial uses category (S-1, S-2, S-3 and B-1 districts);

e.

Two hundred square feet in the business and industrial use category (B-2, I-1 and I-2 districts) in the aggregate. The total square footage of a sign is measured to include all of the visible display area of one side of the sign.

(3)

No temporary sign shall obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of street furniture, or otherwise create a hazard, including a tripping hazard.

(4)

A temporary sign shall be designed to be stable under all weather conditions, including high winds.

(5)

No temporary sign shall be illuminated, except upon prior issuance of a permit by the building and zoning department. Any such permit shall be valid only for a period of three consecutive days. Only one such permit shall be allowed on the same property within a four-month period.

(6)

A temporary sign shall only be posted with the consent of the property owner or occupant.

(7)

Temporary signs for events concluding on a specific date may be displayed for a period of 60 days prior to the conclusion of the event.

Temporary signs for events with no specific date of conclusion may be displayed throughout the event.

Temporary signs must be removed 14 days following the conclusion of an event.

(8)

Other than lettering and graphics painted on and used to identify the owner of a demonstration sign, a temporary sign shall not advertise or promote any commercial enterprise or event not conducted on the same zoning lot.

(c)

Temporary signs requiring a permit. The following temporary signs require a sign permit prior to the display of the sign for a legal zoning use in nonresidential districts or a special use in residential districts.

(1)

Banner: A maximum of one building mounted or one ground mounted or one fence mounted banner facing each street frontage per zoning lot is permitted. Wall mounted banners must be mounted below the roof line, flush to the exterior wall of the principal building. Fence mounted banners shall be mounted on opaque fences only. Ground mounted banners shall be mounted between two poles which have been specifically installed for the purpose of displaying the banners. The poles must be removed at the completion of the legal display period. The area of each banner shall not exceed 40 square feet. Fence mounted banners shall not exceed the height of the fence. Pole mounted banners shall not exceed three feet from grade. All banners are subject to the same setback and visibility regulations for ground signs.

(2)

Light standard sign: No more than one light standard sign for each five light standards on a zoning lot are permitted. Light standard signs cannot exceed 18 square feet in size, must have rigid framework on the top and bottom of each sign, and must be mounted on a light standard with a minimum clearance of ten feet above grade. No signs shall be placed upon any street light pole or other public utility pole.

(3)

Length and frequency of display: Legal zoning uses that are located in nonresidential districts and legal non-residential uses that are located in residential districts, may display banners and/or light standard signs no more than six times within a calendar year, for a display period not to exceed 30 consecutive days. At least seven consecutive days are required between each display period.

(4)

Fees and fines associated with posting of temporary signs that require a permit shall be the same fees and fines associated with other permanently constructed signs, found in Chapter 152, Signs, of the City of Springfield Code of Ordinances.

(d)

Removal or replacement of signs.

(1)

Unless otherwise stated in subsection (c) above, all temporary signs shall be removed within 14 days of the conclusion of the event that the sign is promoting.

(2)

The person who has posted and directed the posting of a temporary sign is responsible for the removal or replacement of that sign in accordance with this ordinance.

(3)

If that person does not remove or replace the temporary sign in accordance with this ordinance, then the property owner or occupant of the building lot where the sign is posted is responsible for the sign's removal or replacement.

(4)

The director of public works, or the director's designee, may immediately remove temporary signs posted on public property or rights-of-way in violation of this ordinance.

(e)

Variances. Any person seeking minor adjustments to the strict application of this ordinance to the posting of a temporary sign shall file an "application for a variance" in accordance with sections 155.212, 155.213 and 155.214 of the this chapter.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. 2004-087, § 1(Exh. A), 11-3-04; Doc. No. 2004-103, § 1, 2-15-05; Doc. No. 2009-029, § 1(Exh. A), 9-15-09; Doc. No. 2013-022, Exh. A, 4-16-13; Doc. No. 2023-041, § 1(Exh. A), 11-21-23)

In all residence districts, subject to the additional regulations set forth in section 155.315, accessory signs are permitted as set forth in sections 155.311 through 155.314.

(a)

For residential buildings other than multiple dwellings, one nonilluminated nameplate, with an area not exceeding one square foot and indicating only the name or address of the occupant or a permitted occupation, is allowed for each dwelling unit or rooming unit.

(b)

For multiple dwellings and including apartment hotels, and for permitted nonresidential buildings or other structures, one identification sign with an area not exceeding 24 square feet and indicating only the name or address of the building or the management thereof is permitted. The height of letters on any side of awnings or canopies shall not exceed one foot. For lots containing more than one principal building, with nonresidential uses, one nonilluminated sign is permitted per building. The total square foot area allowed for the zoning lot is calculated with the following formula:

(1)

25 square feet allowed for the first 40 linear feet of street frontage plus one square foot allowed for each additional two linear feet of street frontage, with a total square footage allowed not to exceed 100 square feet.

(2)

If the lots have less than 40 linear feet of street frontage, the square feet allowed shall be 25 square feet.

(3)

On lots with more than one street frontage, one sign is allowed to face each street, however, the total square footage of signage allowed may not exceed the calculated amount, using the above listed formula.

(c)

For community facility uses, a bulletin board with an area not exceeding 16 square feet is permitted, which may include an electronic message board.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

One sign, intended to direct the safe flow of vehicular and pedestrian traffic, with an area not exceeding two square feet and a height no greater than three feet six inches above ground, designating each side of an entrance or exit of an off-street parking area is permitted.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

In any R-5 and OFF district, for any legal nonresidential use, one illuminated nonflashing sign is permitted. For lots containing more than one principal building, one illuminated sign is permitted per building. The total square foot area allowed for the zoning lot is calculated with the following formula:

25 square feet allowed for the first 40 linear feet of street frontage plus one square foot allowed for each additional two linear feet of street frontage, with a total square footage allowed not to exceed 100 square feet.

If the lots have less than 40 linear feet of street frontage, the square feet allowed shall be 25 square feet.

On lots with more than one street frontage, one sign is allowed to face each street, however, the total square footage of signage allowed may not exceed the calculated amount, using the above listed formula.

(Doc. No. 98-054, § 1, 6-16-98; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2013-022, Exh. A, 4-16-13)

In the office district and all residence districts, any sign permitted under the provisions of sections 155.311 through 155.314 shall conform to the following regulations.

(a)

No sign shall extend more than 20 feet above the level of the ground.

(b)

Signs are permitted within the required front yard provided no portion of the sign is within ten feet of the front property line. On corner lots, the same requirements shall apply to the side yard fronting a street, except that on corner lots, no sign is allowed within 20 feet of a zoning lot corner formed by the intersection of any two street lines.

(c)

Exclusively of signs for parking areas as permitted by section 155.313 not more than one sign is permitted for each use, building, or dwelling unit, and not more than two signs are permitted for each office building, office service establishment or funeral home. However, on a corner lot, two signs, one facing each street, shall be permitted for each use, building, office service establishment, or funeral home.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

In commercial and industrial districts, accessory on-premises signs are permitted as set forth in sections 155.321 and 155.322, subject to the additional regulations set forth in sections 155.323 through 155.325.

(a)

One pole or pylon sign is permitted for each front yard of a zoning lot, and one additional pole or pylon sign is permitted per zoning lot, for either a side yard or rear yard adjoining a street right-of-way, to which there is direct access.

(b)

All ground signs, including but not limited to pylon, pole and monument signs, must be at least 100 feet apart, when located on the same zoning lot.

(c)

All signs must be 50 feet from any residential zoning district.

(d)

All ground signs must be landscaped with ground cover, as described in section 155.480, with a minimum five-foot diameter, completely surrounding the base of the sign.

(e)

No sign shall be located within or shall obstruct a public right-of-way. Signs within ten feet of a street right-of-ways shall be at least ten feet above grade so as not to obstruct visibility to motorists.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2003-040, § 1, 7-20-03; Doc. No. 2004-087, § 1(Exh. A), 11-3-04)

In the respective commercial and industrial districts indicated, nonilluminated signs with areas not exceeding those shown in the following table are permitted.

(a)

District maximum area (in square feet) of all ground signs, including, but not limited to pylon, pole and monument signs on a district zoning lot, excluding adjoining lot signage:

S-1 and S-3 .5 times the front yard street frontage of the zoning lot (in feet), not to exceed 150 square feet.

S-2 and B-1, 1.0 times the front yard street frontage of the zoning lot (in feet), not to exceed 225 square feet.

B-2, I-1 and I-2, 1.0 times the front yard street frontage of the zoning lot (in feet), not to exceed 300 square feet.

(b)

District maximum area (in square feet) of all building and wall mounted signs per tenant space less than 20,000 square feet,

S-1 and S-3, 1.0 times each tenant space front frontage, in feet, not to exceed 150 square feet per tenant.

S-2 and B-1, 2.0 times each tenant space front frontage, in feet, not to exceed 300 square feet per tenant.

B-2, I-1, and I-2, 2.0 times each tenant space front frontage, not to exceed 450 square feet per tenant.

(c)

District maximum area (in square feet) of all building and wall mounted signs per tenant space greater than 20,000 square feet,

S-1, S-2, S-3, B-1, B-2, I-1 and I-2 districts,

(Formula A) 2.0 times the tenant space front frontage, in square feet; or,

(Formula B) 1.5 times the foot distance, that the building front is set back from the street right-of-way of the zoning lot on which the building is located, which ever is greater, not to exceed 900 square feet.

(d)

On corner lots and through lots, the maximum amount of building or wall mounted signage allowed per tenant may, be increased by 50%, not to exceed 150 square feet. The additional signage may be displayed on any exterior wall of the building, provided all other regulations are met.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2003-040, § 1, 7-20-03; Doc. No. 2004-087, § 1(Exh. A), 11-3-04)

(a)

Flashing signs are not permitted in any district.

(b)

In other commercial and industrial districts, illuminated signs are permitted, but the total area of all signs (illuminated and nonilluminated) on the same zoning lot shall not exceed the maximum area prescribed in section 155.321.

(c)

No signs permitted in a commercial or industrial districts shall be closer than 100 feet of a residential zoning lot.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04)

In addition to the other applicable regulations, permitted on-premises and off-premises signs in commercial and industrial districts are subject to the restrictions of sections 155.324 and 155.325.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

In the area bounded by the centerlines of Second Street, Jackson Street, Ninth Street, and Madison Street, no permitted sign shall project over any public easement more than 18 inches, except for the following.

(1)

Signs on awnings permitted by Chapter 170 of the City Code. Awnings may be backlit, or contain accent lighting with each light not to exceed seven watts, but in no case are lights to blink, flash or run.

(2)

Signs on marquees permitted by Chapter 170 of the City Code, provided that no sign shall extend beyond the limits of the marquee on which it is located, except that individual free-standing letters may project to a height of 24 inches above the marquee.

(3)

Nonconforming signs, which exist and identify a former business or use that does not now exist, or does not now exist in the same structure referred to by the nonconforming sign, must be removed before a period of 30 days following the vacancy of the business or use identified by the sign.

(4)

Existing nonconforming signs may not be remodeled to identify a business or use other than the original business or use then existing when the sign becomes nonconforming.

(5)

Nonilluminated signs with carved or dimensional letters mounted on an ornate decorative bracket may project no more than 36 inches over the sidewalk or public way.

(b)

In other commercial and industrial districts, no permitted sign shall project over any public easement or right-of-way.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01)

(a)

In the respective commercial districts as indicated, no permitted ground sign shall extend above grade at a height greater than that shown in the following table:

(b)

No sign attached to a building shall extend above grade at a height greater than the applicable maximum building height prescribed in section 155.058.

(c)

In the B-1, B-2, I-1 and I-2 districts, the city council may, following a hearing by the Springfield Planning and Zoning Commission, permit ground signs with a height exceeding 35 feet but not exceeding 50 feet, if the applicant establishes to the satisfaction of the city planning and zoning commission and the city council that the sign will not interfere with the proper residential use of nearby residential areas. The procedure for obtaining such a permit shall be the same as that provided in chapter 155 for conditional permitted uses.

(Doc. No. 91-151, § 1(Exh. A), 7-16-91; Ord. No. 411A-07-01, § 1(Exh. A), 7-24-01; Doc. No. 2004-087, § 1(Exh. A), 11-3-04)

(a)

Except as limited by subsection (i) of this section, off-premises advertising signs are permitted in the B-1, B-2, I-1 and 1-2 zoning districts. Off-premises signs are not permitted in any historic, residential, R-5, OFF, S-1, S-2 or S-3 zoning districts.

(b)

All off-premises signs shall be placed at a minimum of 500 feet apart, when located on either side of the same street or a side street.

(c)

All off-premises signs shall be above ten feet in height and subject to a 15-foot setback from the property line. This setback shall apply to side street yards as well as front yards. However, no off-premises sign is permitted to be located within 20 feet of a zoning lot corner formed by the intersection of any two street lines except as approved in section 155.062, Permitted obstructions in required yards.

(d)

No off-premises sign shall be located within 500 feet of a lot which is zoned residential or on a lot used for residential purposes, historic zoning district, landmarked property or district, or national register property or district.

(e)

Regardless of allowable size, or location requirements, only one off-premises sign is allowed per zoning lot. A double-faced, or back to back sign, where the faces are parallel, shall be considered as one sign for purposes of this requirement.

(f)

Any wall, facia or individual letter sign attached to building shall not extend above the height of the building wall

(g)

Off-premises signs shall not be constructed in property bordered by Carpenter Street on the north; Cook Street on the south; 11th Street on the east; and, 1st Street on the west.

(h)

Off-premises signs are considered to be a principal use of property.

(i)

The number of permits issued by the city shall be limited to the number on the date of enactment of this ordinance and shall decrease as signs are removed on a four for one basis in accordance with subsection (j) below. All replacement signs authorized by subsection (j) comply with the following minimum requirements:

(1)

All lighting shall be designed in a way that the lighting does not spill over to adjoining properties or rights-of-way; and

(2)

The base shall be landscaped similar to on-premises sign requirements; and

(3)

Poles shall be skirted with decorative panels or bases; and

(4)

All parts of the structure not considered the face, shall be painted black or in a color that blends with the adjoining or nearby structure's use; and

(5)

Embellishments shall not extend beyond the 175 square foot of display area allowed; and

(6)

The number of sign faces shall be limited to one face per location.

(j)

Holders of existing permits shall surrender one permit for each sign removed. Upon surrender, the city shall cancel the permit and the total number of permits issued by the city shall be reduced by one. The holder shall receive credit for each such permit surrendered and shall have the right to obtain one replacement permit for every four existing permits so surrendered.

(Doc. No. 99-119, 01-18-00; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Ord. No. 553-10-01, § 1, 10-16-01; Doc. No. 2013-022, Exh. A, 4-16-13)

(a)

The size and height regulations for all off-premises signs are as follows:

(b)

In the B-1 districts, the city council may, following a hearing by the Springfield Planning and Zoning Commission. Permit, as a conditional permitted use, off-premises signs, provided the city council finds that:

The proposed location, design and size of the proposed sign(s) will not have a detrimental effect on the privacy, light, air or enjoyment of any zoning lot.

(c)

In the B-1, B-2, I-1 and I-2 districts, the city council may, following a hearing by the Springfield Planning and Zoning Commission, permit, as a conditional permitted use, off-premises signs to extend an additional 15 feet above the height specified in subsection (a) above, if the city council finds that:

The location, design and size of the proposed sign(s) will not have a detrimental effect on the privacy, light, air or enjoyment of any zoning lot.

(d)

When considering a request for conditional permitted use, the Springfield Planning and Zoning Commission may recommend and the city council may impose appropriate conditions and safeguards to minimize adverse effects on the character of the surrounding area.

(Doc. No. 99-119, 01-18-00; Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Ord. No. 553-10-01, § 1, 10-16-01)

In all districts, signs specifically listed as prohibited in section 155.300 of this chapter may be continued for six months after the effective date of this chapter. Upon the expiration of this six-month period, the prohibited signs shall be removed.

(Ord. No. 411A-07-01, § 1(Exh. A), 07-24-01; Ord. No. 553-10-01, § 1, 10-16-01)