The table of permissible uses (Appendix "A" of this chapter) should be read in close conjunction with the definitions of terms set forth in Chapter 17.08 and the other interpretative provisions set forth in this chapter.

(Ord. 2004/05-37 § 1; Ord. 2004/05-17 § 1 (part))

Subject to Section 17.32.030, when used in connection with a particular use in the table of permissible uses, the letter "P" means that the use is permitted in the indicated zone with a zoning certificate issued by the administrator. The letter "S" means a special permit must be obtained from the city council before a zoning certificate is issued.

(Ord. 2004/05-17 § 1 (part))

Whenever the table of permissible uses (interpreted in the light of Section 17.32.020 and the other provisions of this chapter) provides that a use in a nonresidential zone or a nonconforming use in a residential zone is permissible with a zoning certificate, a special permit shall nevertheless be required if the administrator finds that the proposed use would have an extraordinary impact on neighboring properties or the general public. In making this determination, the administrator shall consider, among other factors, whether the use is proposed for an undeveloped or previously developed lot, whether the proposed use constitutes a change from one principal use classification to another, whether the use is proposed for a site that poses peculiar traffic or other hazards or difficulties, and whether the proposed use is substantially unique or is likely to have impacts that differ substantially from those presented by other uses that are permissible in the zoning district in question.

(Ord. 2004/05-17 § 1 (part))

A.

The presumption established by this chapter is that all legitimate uses of land are permissible within at least one zoning district in the city's planning jurisdiction. Therefore, because the list of permissible uses set forth in Appendix A cannot be all inclusive, those uses that are listed shall be interpreted liberally to include other uses that have similar impacts to the listed uses.

B.

Notwithstanding subsection A of this section, all uses that are not listed in Appendix A and have impacts in excess of the other uses listed, are prohibited. Nor shall Appendix A be interpreted to allow a use in one zoning district when the use in question is more closely related to another specified use that is permissible in other zoning districts.

C.

Without limiting the generality of the foregoing provisions, the following uses are specifically prohibited in all districts:

1.

Any use that involves the manufacture, handling, sale, distribution, or storage of any highly combustible or explosive materials in violation of the city's fire prevention or building codes;

2.

Stockyards, slaughterhouses, and rendering plants;

3.

Use of a recreational vehicle as a temporary or permanent residence;

4.

Use of a shipping container, storage box, trailer part of a tractor trailer rig, sea van, or any type of item that was originally designed to transport goods and materials a shipping container, whether pulled, pushed, or self-propelled, from one place to another, for the purpose or use as a dwelling unit or as a structure to display a sign of any type. This prohibition does not preclude decals or painted signs to be applied to fully functional trailers, operating out of properly zoned trucking terminals nor does it prohibit the operation of trailers in a properly zone trucking terminal. (Shipping containers as accessory temporary or permanent storage units shall be subject to the standards contained in Section 17.32.050(D)).

(Ord. 2007/08-11 § 1; Ord. 2004/05-17 § 1 (part))

A.

Section 17.32.100 classifies different principal uses according to their different impacts. Whenever an activity (which may or may not be separately listed as a principal use in that section) is conducted in conjunction with another principal use and the former use:

1.

Constitutes only an incidental or insubstantial part of the total activity that takes place on a lot; or

2.

Is commonly associated with the principal use and integrally related to it, then the former use may be regarded as accessory to the principal use and may be carried on underneath the umbrella of the certificate or permit issued for the principal use. For example, a swimming pool/tennis court complex is customarily associated with and integrally related to a residential subdivision or multi-family development and would be regarded as accessory to such principal uses, even though such facilities, if developed apart from a residential development, would require a special permit.

B.

Without limiting the generality of subsection A of this section, the following activities, so long as they satisfy the general criteria set forth in subsection A of this section, are specifically permitted as accessory to residential principal uses:

1.

Hobbies or recreational activities of a noncommercial nature;

2.

Home occupations in conformance with the provisions of Section 17.32.060;

3.

The renting out of one or two rooms within a single-family residence (which one or two rooms do not themselves constitute a separate dwelling unit) to not more than two persons who are not part of the family that resides in the single-family dwelling;

4.

Yard sales or garage sales in conformance with the Streator Municipal Code regulating such sales.

C.

Without limiting the generality of subsections A and B of this section, the following activities shall not be regarded as accessory to a residential principal use and are prohibited in residential districts:

1.

Storage outside of a substantially enclosed structure of any motor vehicle that is neither licensed nor operational;

2.

Parking outside a substantially enclosed structure of more than four motor vehicles between the front building line of the principal building and the street on any lot used for purposes that fall within the following principal use classifications: 1.100, 1.200, or 1.400 of Section 17.32.100;

3.

Parking or storage of commercial vehicles (vehicles originally intended for commercial use) in excess of forty (40) feet in length, or trailers in excess of thirty-five (35) feet in length in a residential district, except for the incidental purpose of delivering, loading, or unloading, of household goods not associated with a home occupation;

4.

Parking of a recreational vehicle between the front building line of the principal building and the street for more than seven consecutive days.

D.

A shipping container, storage box, trailer part of a tractor trailer rig, sea van, or any type of item that was originally designed to transport goods and materials, whether pulled, pushed, or self-propelled, from one place to another (a "Shipping Container") shall not be placed on any lot for the storage of goods or materials in any zoning district except C-3, M-1 and M-2 for a period of longer than twenty-four (24) consecutive hours, whether or not the location of the shipping container on the lot changes within said twenty-four (24) hour period. Within the C-3, M-1 and M-2 districts, the placement of a storage container shall be subject to the following:

1.

The placement of a shipping container as an accessory use may be permitted in the M-2 district subject to the issuance of a zoning certificate by the administrator consistent with these provisions. The placement of shipping containers may be permitted in the C-3 and M-1 districts subject to the issuance of a special use permit by the city council consistent with these provisions. The placement of a shipping container as the principal use of a lot is prohibited in all zoning districts.

2.

In making an application for the approval of a shipping container, the applicant shall provide a site plan indicating the area in which the shipping container is to be placed (the "Placement Area") as well as sufficient off-loading and on-loading maneuvering area to be used by the vehicles depositing and retrieving the shipping container. The area where the shipping container is to be placed combined with the area where the shipping container will be maneuvered is defined as the "Container Area."

3.

The container area shall be screened from adjoining properties and public streets as follows:

a.

Where the container area abuts a local or collector street and one or more lots adjoining the street and within two hundred fifty (250) feet of the subject lot is/are zoned residential, a minimum of thirty (30) foot setback from the street right-of-way shall be provided between the container area and the street right-of-way along with a Type A opaque screen as described in Section 17.56.010(B);

b.

Where the container area abuts a local or collector street and one or more lots adjoining the street and within two hundred fifty (250) feet of the subject lot is/are zoned commercial or industrial, a minimum twenty (20) foot setback shall be provided between the container area and the street right-of-way along with a Type B semi-opaque screen as described in Section 17.56.010(B);

c.

Where the container area abuts an arterial street or any state highway (whether marked or unmarked), a minimum thirty (30) foot setback shall be provided between the container area and the street right-of-way along with a Type A opaque screen as described in Section 17.56.010(B);

d.

Subsections (D)(3)(a) through (D)(3)(c), of this section, notwithstanding, container areas on lots in the C-3 districts shall not be located closer to any street than the front wall of the primary structure and shall not be located on corner lots between the primary building and a street.

e.

Where the side or rear property lines of the lot containing the container area adjoin a residential zoning district a fifty (50) foot setback shall be provided between the container area and the property line along with a Type A opaque screen as described in Section 17.56.010(B);

f.

Where the side or rear property line of the lot containing the container area adjoins a commercial or industrial zoning district, a ten (10) foot setback shall be provided between the container area and the property line along with a Type B semi-opaque screen as described in Section 17.56.010(B).

4.

The container area shall be improved with a compacted crushed aggregate base not less than eight inches thick, and shall be surfaced with asphalt concrete not less than two inches thick. Alternative materials which provide equivalent strength may be used subject to approval by the city engineer.

5.

The maximum dimensions of a shipping container shall not exceed fifteen (15) feet in height, forty-five (45) feet in length, and eight (8) feet in width.

6.

Shipping containers may not be stacked in the C-3 or M-1 districts. In the M-2 district, shipping containers may be stacked vertically provided that an additional setback of fifty (50) feet of setback is provided adjacent to all streets and residential zoning districts for each level of stacking above the first level. The maximum number of shipping containers that may be stacked shall be four.

7.

A shipping container may not be placed on a lot for a period longer than ninety (90) consecutive days after which it shall be removed for a period of at least thirty (30) days. This restriction shall apply irrespective of whether the shipping container is relocated on the lot during the ninety (90) day period.

(Ord. 2007/08-11 § 2; Ord. 2006/07-1 § 1 (part): Ord. 2004/05-17 § 1 (part))

A.

Purpose. The standards for home occupations are intended to ensure compatibility with other permitted uses and the residential character of the neighborhood, and to maintain the subordinate and incidental status of the home occupation. In general, a home occupation shall be an accessory use so located and conducted that the average neighbor, under normal circumstances, would not be aware of its existence, except for a sign.

B.

Performance Requirements. A home occupation in a residential zoning district or in a location that, without crossing a street, is residential in nature shall meet the following performance requirements, in addition to those standards applicable to the district in which they are located:

1.

Not more than one employee at a time, other than members of the immediate family occupying such dwelling, shall work on the premises.

2.

No alteration of the principal building shall be made which changes the character of the dwelling.

3.

No more than twenty-five (25) percent of the floor area of the residential dwelling unit or accessory building shall be devoted to any home occupation.

4.

No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood. Parking shall be provided according to requirements in Chapter 17.52. Parking spaces shall not be located in a required front yard.

5.

Signs shall conform to the regulations of Chapter 15.48.

6.

No equipment or material used shall constitute a hazard, create a nuisance, or interfere with the reception of broadcast signals.

7.

All material equipment, merchandise, or work in process shall be wholly enclosed within the dwelling or accessory building.

8.

Records shall be available at the request of the city to show that all applicable state of Illinois sales taxes are being paid.

C.

Permitted Home Occupations. Permitted home occupations include, but are not limited to, the following list. Other similar home occupations which meet the performance standards in subsection B of this section may also be permitted.

1.

Authors;

2.

Artists, sculptors, woodworking or other crafts;

3.

Beauty parlors or barber shops;

4.

Day care, receiving not more than three children or client adults (not including children or client adults related to the residents engaged in the home occupation);

5.

Dressmakers, seamstresses or tailors;

6.

Ministers, rabbis, priests, or members of religious orders;

7.

Music, dancing, swimming or other similar instruction, provided that the instruction shall be limited to three pupils at a time, except for occasional groups;

8.

Offices, salespersons, sales representatives or manufacturers' representatives, provided however, that no retail transaction shall be made on the premises except through telephone, facsimile, electronic mail, or courier or postal communication, and no wholesale transactions shall include the acceptance of delivery of merchandise on the premises;

9.

Physicians, dentists, or other licensed medical practitioners;

10.

Planners, architects, attorneys, engineers, realtors, insurance agents, brokers, and members of similar professions;

11.

Repair of appliances, bicycles, lawn mowers, snow blowers, and other similar home equipment;

12.

Telecommuting.

D.

Prohibited Home Occupations. In addition to those uses which pose a nuisance to the general residential character of the neighborhood, and which do not meet the performance standards of subsection B of this section, the following home occupations are prohibited:

1.

Automotive repair shops or service establishment, except as described in subsection C of this section;

2.

Clinics or hospitals;

3.

Commercial boarding stables, kennels, and veterinarians;

4.

Dancing schools, except where permitted by subsection C of this section;

5.

Day care centers serving more than three clients (not including children related to the residents engaged in the home occupation), and nursery schools;

6.

Private clubs;

7.

Renting or storage of trailers or any type of storage container or structure;

8.

Restaurants;

9.

Undertaking establishments, mortuaries, or funeral parlors.

E.

Permit and Fee. An application for a home occupation must be submitted to the city clerk on a city-provided form approved by the city manager. The permit fee is specified in Chapter 3.48.

(Ord. 2006/07-1 § 1 (part): Ord. 2004/05-17 § 1 (part))

Notwithstanding any other provisions of this title, no zoning certificate or special permit is necessary for the following uses:

A.

Streets;

B.

Electric power, telephone, telegraph, cable television, gas, water, and sewer lines, wires or pipes, together with supporting poles or structures, located within a public right-of-way with permission of the administrator; and

C.

Neighborhood utility facilities located within a public right-of-way with the permission of the administrator.

(Ord. 2004/05-17 § 1 (part))

A.

A substantial change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. This occurs whenever any one of the following is present:

1.

The change involves a change from one principal use category to another;

2.

If the original use is a combination use or planned unit development, the relative proportion of space devoted to the individual principal uses that comprise the combination use or planned unit development use changes to such an extent that the parking requirements for the overall use are altered;

3.

If the original use is a combination use or planned unit development use, the mixture of types of individual principal uses that comprise the combination use or planned unit development use changes; and

4.

If there is only one business or enterprise conducted on the lot (regardless of whether that business or enterprise consists of one individual principal or a combination use), that business or enterprise moves out and a different type of enterprise moves in (even though the new business or enterprise may be classified under the same principal use or combination use category as the previous type of business). For example, if there is only one building on a lot and a florist shop that is the sole tenant of that building moves out and is replaced by a high volume fast food restaurant, that constitutes a change in use even if both tenants fall within principal use classification 2.210. However, if the florist shop were replaced by another florist shop, or comparable retail establishment, that would not constitute a change in use since the type of business or enterprise would not have changed. Moreover, if the florist shop moved out of a rented space in a shopping center and was replaced by a clothing store, that would not constitute a change in use since there is more than one business on the lot and the essential character of the activity conducted on that lot (shopping center—combination use) has not changed.

B.

A mere change in the status of property from unoccupied to occupied or vice versa does not constitute a change in use. Whether a change in use occurs shall be determined by comparing the two active uses of the property without regard to any intervening period during which the property may have been unoccupied, unless the property has remained unoccupied for more than one year or has been abandoned.

C.

A mere change in ownership of a business or enterprise or a change in the name shall not be regarded as a change in use.

(Ord. 2004/05-17 § 1 (part))

When a combination use comprises two or more principal uses that require different types of permits (zoning certificate and special permit), then the permit authorizing the combination use shall be:

A.

A special permit if any of the principal uses requires a special permit. This is indicated in the table of permissible uses by the designation S in each of the columns adjacent to the classification.

B.

A zoning certificate in all other cases.

(Ord. 2004/05-17 § 1 (part))

Whenever a development could fall within more than one use classification, in the following table, the classification that most closely and most specifically may be used to describe the development controls. (Ord. 2006/07-36 § 1; Ord. 2006/07-32 § 1; Ord. 2006/07-13 § 1; Ord. 2005/06-64 § 1; Ord. 2005/06-36 §§ 1, 2: Ord. 2004/05-17 § 1 (part))

(Ord. No. 2009/10-09, § 1, 7-15-09)

(Ord. No. 2020-23, 1(Att. A), 10-21-2020; Ord. No. 2020-01, § 4, 1-15-2020; Ord. No. 2019-28, § 1, 11-20-2019; Ord. No. 2012/13-06, § 1, 7-18-2012; Ord. No. 2014/15-24, § 1, 11-19-2014)