No structure or land may be used or occupied except in conformity with the regulations for the zoning district in which it is located. (Ord. 2021-04, 6-22-2021)

   (A)   Table 10-5A identifies the principal and temporary uses allowed within each zoning district.

   (B)   Based On Table 10-5A Specifications:

      1.   If a use or activity is listed as 'allowable' for said district, a zoning permit is still required. Property owner must make permit request to the Village prior to change in use or activity. The proposed use or activity will then be reviewed by Zoning Administrator for conformance with said ordinance. A Zoning Permit may then be issued in accordance with chapter 10-11 of this title.

      2.   If a use or activity is listed as requiring a special use permit, a special use permit may be authorized by the Planning and Zoning Committee. Property owner must first make special use permit request to the Village. The proposed special use or activity will then be reviewed by the Planning and Zoning Committee for conformance with said ordinances. A special use permit may then be issued in accordance with chapter 10-11 of this title.

      3.   If a use or activity is listed as requiring temporary use permit for said district, a temporary use permit may be authorized by the Zoning Administrator. Property owner must make temporary use permit request to the Village prior to temporary use or activity. The proposed temporary use or activity will then be reviewed by Zoning Administrator for conformance with said Ordinances. A Temporary Use Permit may then be issued in accordance with chapter 10-11 of this title.

   (C)   If Table 10-5A contains a cell that is blank, then that use or activity is not allowed in the district. (Ord. 2021-04, 6-22-2021)

   (A)   It is the intent of Table 10-5A to group similar or compatible land uses into specific zoning districts, either as permitted uses or as uses authorized by a special use permit.

   (B)   All questions regarding a use not included in Table 10-5A shall be presented to the Zoning Administrator. The Zoning Administrator shall interpret whether a use not included in Table 10-5A can reasonably be interpreted to fit into a use category where similar uses are described, and shall record his/her decision in writing. (Ord. 2021-04, 6-22-2021)

Notwithstanding any provision of this section to the contrary, uses that are required to be permitted in any zoning district by state statute may be permitted in accordance with state law whether or not the use is included in Table 10-5A.

 

(Ord. 2021-04, 6-22-2021)

Where applicable, principal uses are required to comply with all use standards of this section, whether a permitted or special use, in addition to all other regulations of this title.

   (A)   Adult Use:

      1.   No adult use may be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to specified sexual activities or specified anatomical areas, from any sidewalk, public or private right-of-way, or any property other than the lot or parcel on which the licensed premises is located.

      2.   No portion of the exterior of an adult use may install or contain any flashing lights, searchlights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically set forth for in the sign ordinance for adult-oriented businesses.

      3.   No adult use may be operated within one thousand feet (1,000') of an existing:

         (a)   Place of worship;

         (b)   Educational facility;

         (c)   Park/playground/public multi-use trail;

         (d)   Residential district or residential dwelling (all types);

         (e)   Designated historical or cultural district;

         (f)   Cemetery;

         (g)   Day care center;

         (h)   Forest preserve;

         (i)   Retail sales of alcohol;

         (j)   Indoor or outdoor recreation facility that holds youth activities;

   (B)   Brewery or Winery:

      1.   Brewery (Micro) or Winery, as listed in the Authorized Principal Use Charts, with a designation as "On site consumption, sales and minor production" shall be interpreted as having a primary intent to serve beer or wine products produced in lower volumes, on-site. Minor sales of packaged beer or wine products, produced on-site, may be allowed. As defined and licensed as Class MB/W-1 by the Village under Title 3, Section 3-3-5(B)8 of the Liquor Control ordinance.

      2.   Brewery or Winery, as listed in the Authorized Principal Use Charts, with a designation as "Larger scale production, distribution" shall be interpreted as having a primary intent to produce, distribute and sell larger volumes of beer or wine products on-site. As defined and licensed as Class MB/W-2 by the Village under Title 3, Section 3-3-5(B)8 of the Liquor Control ordinance.

   (C)   Community Living Facility:

      1.   Community living facilities must meet all federal, state, and local requirements including, but not limited to, licensing, health, safety, and building code requirements.

      2.   A copy of state license must be visible at all times.

   (D)   Contractor Storage Yard and Storage Yard (Outdoor):

      1.   A contractor storage yard and any outdoor storage associated with light or general industrial uses must be completely enclosed along all lot lines by a solid fence or wall a minimum of eight feet in height, including ingress and egress. Fences or walls along a front yard lot line must be set back a minimum of ten feet (10'), and comply with:

         (a)   The sight visibility triangle clearance requirements of subsection 10-4-1(F); and

         (b)   The driveway visibility area clearance requirements of section 10-4-5.

      2.   If the contractor storage yard or outdoor storage yard is located within the General Commercial district, or if adjacent to a residential district or Downtown Commercial District:

         (a)   Plants that include evergreens, with additional shrubs, trees, ornamental grasses, or perennials must be installed and maintained within the required ten foot (10') setback along the street side frontage of the fence or wall.

         (b)   The plants must be installed at intervals or within groupings along the street side frontage of the fence or wall in order to ultimately provide visual relief from the monotony of the required fence or wall.

         (c)   The plantings must be of a sufficient type, size, and height to provide for year-round coverage of approximately half the total street side façade of the fence or wall within a two-year period.

      3.   Where any principal building screens an outdoor storage area, the fence and the associated setback is not required.

      4.   Storage of any kind is prohibited outside the fence or wall. No items stored within the fence may exceed the height of the fence or wall.

      5.   The storage area should be located to the rear of the lot where possible. Any structures must be located towards the front of the lot, in compliance with the front yard of the underlying zoning district.

      6.   Outdoor storage areas must be surfaced with an all-weather dust-free material and graded to drain all surface water.

   (E)   Day Care Center:

      1.   Day care centers must meet all federal, state, and local requirements including, but not limited to, licensing, health, safety, and building code requirements.

      2.   Open space and/or recreational areas must be provided as required by the State of Illinois licensing requirements. The outdoor recreational areas must be separated from parking areas and enclosed by a semi-open or closed fence a minimum of six feet in height.

      3.   A pickup/drop off area must be provided. When a day care center ispart of a multi-tenant retail center, the pickup/drop off area must not interferewith vehicle circulation inthe parking lot, including blocking of the drive aisle.

   (F)   Helipad or Heliport:

      1.   The helipad or heliport must meet all applicable standards of the U.S. Department of Transportation, Federal Aviation Administration, and the Illinois Department of Transportation, Division of Aeronautics, and must be designed and constructed in accordance with all state and federal regulations.

      2.   All structures must meet the setback requirements of the district where it is located.

   (G)   Manufactured Home or Mobile Home:

      1.   All inhabited manufactured homes or mobile homes s shall be located in a manufactured home park that has received a special use permit.

      2.   No manufactured home or mobile home shall be located and used for living, sleeping, business, commercial, or storage purposes outside of an approved manufactured home park.

   (H)   Manufactured Home Park: The following additional requirements shall be required for manufactured home parks as may be deemed necessary for their proper development and the protection of the surrounding areas:

      1.   Compliance with all applicable state and county regulations regarding sanitation and other requirements.

      2.   At least five thousand five hundred (5,500) square feet of lot area per manufactured home or mobile home shall be provided.

      3.   No manufactured home or mobile home shall be located closer to a street, highway or right of way than the required front yard setback or closer than twenty five feet (25') to any property line.

      4.   A clearance of not less than twenty feet (20') shall be maintained between mobile homes or trailers on all sides.

      5.   Each manufactured home or mobile home shall abut upon a hard surface driveway or access of not less than twenty five feet (25') in width and each space shall have an unobstructed access to a public highway, street or alley.

      6.   The mobile home park shall occupy an area of not less than ten (10) acres and shall be surrounded by a landscaped strip of open space fifty feet (50') wide along the street frontage and twenty five feet (25') wide along all other lot lines.

      7.   Any office, service, recreation or other structural facilities shall be located at least twenty five feet (25') from the side and rear lot lines and shall be accessible to all manufactured homes or mobile home by means of the access drives or hard surface walkways.

   (I)   Medical Marijuana Cultivation Center: In accordance with Illinois state law, a medical marijuana cultivation center may not be located within two thousand five hundred feet (2,500') of:

      1.   A pre-existing educational facility, primary or secondary;

      2.   A day care center; or

      3.   Any residential zoned property.

Any subsequent amendment to Illinois state law that is more restrictive than this standard will control.

   (J)   Medical Marijuana Dispensary: In accordance with Illinois state law, a medical marijuana dispensary may not be located:

      1.   Within one thousand feet (1,000') of a pre-existing educational facility, primary or secondary or a day care center.

      2.   In a residential dwelling or within a residential district.

Any subsequent amendment to Illinois state law that is more restrictive than this standard will control.

   (K)   Outdoor Market:

      1.   Temporary stalls or tables are permitted. All tents must meet applicable fire code requirements.

      2.   Sales may involve new and/or used items. The sale of vehicles, heavy equipment, boats, watercraft, agricultural machinery, and similar goods is prohibited.

      3.   Any sales of food products must meet all rules and regulations, and require approval of the Champaign County Health Department.

      4.   Individual sellers at the outdoor market need not be the same each time the market is in operation.

   (L)   Row House Building: Special regulations regarding row house buildings shall be as follows:

      1.   In districts where row house buildings are permitted and row house dwellings are to be constructed (or converted from apartments) for sale, each on its own separate lot, to individual owners, such row house buildings shall not be subject to the minimum lot area requirements of chapter 10-3 of this title, but instead shall be subject to the minimum requirements specified in this section.

      2.   Minimum lot area for a row house dwelling lot shall be not less than four thousand (4,000) square feet.

      3.   Minimum frontage of a row house dwelling lot on a public street shall be not less than thirty feet (30') on a standard lot and not less than fifty feet (50') on a corner lot.

      4.   No side yard shall be required along any side lot line that is common to two attached row house dwellings, whether they be on interior or exterior row house dwelling lots. One side yard of an exterior row house dwelling lot where such lot is not common to that of any other attached row house dwelling shall conform to the least width as required by Section 10-3-5 provisions for the R-3 or R-4 Residential Districts or by Section 10-3-6 provisions for the Town Center or General Commercial Districts.

      5.   A row house building must meet the front yard and rear yard requirements as established in chapter 10-3 of this title.

      6.   A minimum lot width of forty feet (40') shall be provided for all interior and exterior row house dwelling lots.

      7.   Row house buildings shall be developed on subdivided lots with no more than three (3) dwelling units per building; nor shall such building exceed one hundred twenty feet (120') in length.

      8.   The maximum lot coverage by a row house dwelling on a row house lot shall be forty percent (40%) and not less than one thousand eight hundred (1,800) square feet of open space shall be provided on each row house lot.

      9.   Exterior treatment of attached row houses shall be integrated. Exterior of buildings shall be maintained in their original color and treatment unless otherwise agreed to in writing by all affected lot owners.

      10.   An unobstructed easement shall be provided across the side and rear eight feet of each exterior row house dwelling lot, when adjacent to an interior row house dwelling lot, and across the rear eight feet (8') of each interior row house dwelling lot, when adjacent to another interior row house dwelling lot, for ingress and egress of adjacent interior row house dwelling lot owners for access and maintenance purposes. Said access easement shall be unobstructed and physically passable at all times. This easement shall be incorporated into each deed transferring title to the property and any replat of the lots involved.

      11.   A party wall agreement shall be included in the subdivision covenants for each row house dwelling lot setting forth provisions for repair of common walls, repair of common utility service connections, reconstruction of the common building in the event of damage or destruction of one or all of the dwelling units and common maintenance and repair of joint facilities.

   (M)   Ultralight Landing Area:

      1.   The helipad or heliport must meet all applicable standards of the U.S. Department of Transportation, Federal Aviation Administration, and the Illinois Department of Transportation, Division of Aeronautics, and must be designed and constructed in accordance with all state and federal regulations.

      2.   All structures must meet the setback requirements of the district where it is located.

   (N)   Vehicle Repair/Service, Minor and Major:

      1.   Vehicle repair/service establishments may not store the same vehicles outdoors on the site for longer than seven (7) days once repair is complete. Only vehicles that have been or are being serviced may be stored outdoors.

      2.   All repair and service operations must be performed within a fully enclosed building with closed garage doors. All equipment and parts stored indoors.

      3.   Vehicle repair/service establishments must be screened along interior side and rear lot lines with a solid wall or fence, a minimum of five feet (5').

      4.   No partially dismantled, wrecked, or unlicensed vehicle may be stored outdoors on the premises. This standard does not apply to vehicles under repair.

      5.   The sale of used or new automobiles is prohibited.

      6.   No motor vehicles may be stored and no repair work may be conducted in the public right-of-way. (Ord. 2021-04, 6-22-2021)

Temporary uses are required to comply with the use standards of this section, in addition to all other regulations of this title. Applicants for a temporary use must apply for a zoning permit and/or special use permit as indicated in Table 5A of this chapter. The following standards shall apply to temporary uses located on private property.

   (A)   Farmers' Market:

      1.   The time frame of a farmers' market, including number of days per week and overall duration of the event, will be determined and approved as part of the special use permit.

      2.   A management plan is required as part of the special use permit application that demonstrates the following:

         (a)   An established set of operating rules addressing the governance structure of the market, hours of operation, maintenance, and security requirements when open to the public.

         (b)   General layout of vendor stalls, visitor facilities, such as seating areas and restrooms, and all ingress and egress points to the site.

         (c)   Provision for recycling and waste removal.

         (d)   The days and hours of internal operation, including vendor set-up and take-down times.

   (B)   Real Estate Sales Office/Model Unit:

      1.   A real estate sales office/model unit(s) is allowed in any approved residential subdivision or within a multi-family dwelling. Multiple model units are allowed.

      2.   The zoning permit shall be valid for no more than one year, but may be renewed. However, zoning permits for multi-family rental models have no expiration.

      3.   The real estate sales office/model unit(s) must be removed and closed within thirty (30) days after the sale of the last unit of the development.

      4.   All activities conducted within real estate sales office/model unit(s) must be directly related to the construction and sale of properties within the particular development. Use as a general office of operation of any firm is prohibited.

   (C)   Temporary Contractor's Office:

      1.   A temporary contractor's office is allowed incidental and accessory to a construction project.

      2.   The zoning permit shall be valid for a six-month period and is renewable for six successive periods at the same location.

      3.   The temporary contractor's office must be removed within thirty (30) days of completion of the construction project.

   (D)   Temporary Mobile Sales:

      1.   The time frame of a temporary mobile sales use shall be determined and approved as part of the special use permit.

      2.   The special use permit shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties.

      3.   All mobile food establishments must be properly licensed by the Champaign County Health Department.

      4.   If the mobile sales establishment operator is not the owner of the site where the truck or trailer will be located, written permission from the property owner must be submitted as part of the Special Use Permit application.

      5.   Sale of alcohol is prohibited.

      6.   During mobile food sales business hours, the permit holder must provide a trash receptacle for customer use and must keep the area clear of litter and debris at all times.

      7.   Outdoor seating may be provided for temporary mobile food sales on the site, but no seating may be permanently installed. No seating will be allowed that reduces the amount of parking required for the site to below this title requirement.

      8.   A permanent water or wastewater connection is prohibited.

      9.   Electrical service may be provided only by temporary service or other connection provided by an electric utility, or an on-board generator.

      10.   Drive-through service is prohibited.

      11.   A mobile sales establishment is limited to signs attached to the exterior of the truck or trailer that must be mounted flat against the truck or trailer with a maximum projection of six inches (6") and one A-frame sign.

   (E)   Temporary Outdoor Entertainment/Promotional Event:

      1.   A management plan is required as part of the special use permit application that demonstrates the following:

         (a)   General layout of performance areas, visitor facilities, such as seating areas and restrooms, parking areas, and all ingress and egress points to the site.

         (b)   Provision for recycling and waste removal.

         (c)   The days and hours of operation, including set-up and takedown times.

         (d)   A description of crowd control and security measures.

      2.   Any temporary structures must be removed within three (3) days of conclusion of the event.

      3.   Events are limited to four (4) events per calendar year and a maximum duration of four (4) days per event, with a minimum of thirty (30) days between events, with the following exceptions:

         (a)   A special use permit for a carnival or circus is valid for a period of two (2) events per calendar year no more than fifteen (15) days, with a minimum of thirty (30) days between events.

   (F)   Temporary Outdoor Sales:

      1.   A management plan is required as part of the special use permit application that demonstrates the following:

         (a)   An established set of operating rules addressing the governance structure of the sales event, hours of operation, maintenance, and security requirements.

         (b)   General layout of vendor stalls, visitor facilities, such as seating areas and restrooms, parking areas, and all ingress and egress points to the site.

         (c)   Provision for recycling and waste removal.

         (d)   The days and hours of operation, including vendor set-up and take-down times.

      2.   Any temporary structures must be removed within three (3) days of conclusion of the event.

      3.   Temporary outdoor sales events are limited to four events per calendar year and a maximum duration of seven (7) days per event, with the following exceptions:

         (a)   A special use permit for a seasonal sale, such as Christmas tree lots or pumpkin patches, are limited to four (4) events per calendar year and a maximum duration of forty five (45) days. There is no minimum time between events.

      4.   Temporary outdoor sales of vehicles must conform to the following additional standards:

         (a)   The special use permit shall be evaluated based on the adequacy of the parcel size, parking provisions, traffic access, and the absence of undue adverse impact, including noise, on other properties.

         (b)   A site plan is required as part of the special use permit application that describes all ingress and egress routes for all vehicles, all structures, and the general display area of vehicles. Dead-end parking aisles shall be prohibited. All exits and entrances must be clearly marked.

         (c)   Repair and service of vehicles is prohibited.

         (d)   All vehicles on display must be operable.

      5.   No sales and display area is permitted in any public right-of-way or in any required setback.

      6.   A portion or a parking area may be used for temporary outdoor sales on a temporary basis, in terms of both display structure and goods displayed or sold. Permanent display structures are prohibited in parking areas. No more than ten percent (10%) of the required parking area for the existing use may be used for the temporary outdoor sales and display. (Ord. 2021-04, 6-22-2021)