A.

Temporary Emergency Construction, or Repair Residences.

1.

Temporary residences used on construction sites of nonresidential premises shall be removed immediately upon the completion of the project.

2.

Permits for temporary residences to be occupied pending the construction, repair, or renovation of the permanent residential building on a site shall expire within six months after the date of issuance, except that the administrator may renew such permit for one additional period not to exceed three months if he or she determines that such renewal is reasonably necessary to allow the proposed occupants of the permanent residential building to complete the construction, repair, renovation, or restoration work necessary to make such building habitable.

B.

Special Events.

1.

In deciding whether a permit for a special event should be denied for any reason specified in this section, or in deciding what additional conditions to impose, the city council shall ensure that the hours of operation allowed are compatible with the uses adjacent to the activity, and that rules and regulations promulgated from time to time by the city with regard to special events are observed.

2.

In cases where it is deemed necessary, the council may require the applicant to post a bond to ensure compliance with the conditions of the special permit for the special event.

3.

If the permit applicant requests the city to provide extraordinary services or equipment or if the city manager otherwise determines that extraordinary services or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the city a fee sufficient to reimburse the city for the costs of these services. This requirement shall not apply if the event has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred, or it is otherwise waived by the city council.

4.

Permits for special events may be subject to additional conditions or requirements as attached by the council under the provisions of Section 17.16.110.

C.

Adult Uses. Adult uses shall not be located within one thousand (1,000) feet of:

1.

Any residential zoning district;

2.

Any other adult business; or

3.

The property boundaries of any single-family dwelling, school, child care center or nursery, cemetery, public park, public housing, nursing home, assisted living or independent living facility, or place of religious worship.

D.

Bars and Nightclubs. Bars and nightclubs shall be subject to the following standards:

1.

Such use shall hold a valid liquor license and shall comply with all regulations of the state and the city with regard to liquor sales or service;

2.

Such use shall not be in excess of two thousand five hundred (2,500) square feet, including the square footage of any open or closed patio, paved area, or public sidewalk which sidewalk is leased from the city and is used to serve or consume alcoholic beverages;

3.

Such use and the lot on which it is located shall not be located within two hundred (200) feet of any residential zoning district, the measurement being made from the point of the commercial lot nearest any residential district;

4.

All such uses shall maintain a public telephone listing; and

5.

The construction of the building shall be in conformance with all applicable building and fire codes.

E.

Bed and Breakfast. A bed and breakfast shall be operated per the following:

1.

A maximum of five lodging rooms are permitted;

2.

There must be at least five hundred (500) square feet of gross interior floor area for each lodging room. The maximum potential number of rental units is determined by dividing the gross interior floor area of the structure by five hundred (500) square feet;

3.

One parking space shall be provided for each guest room, plus the spaces required for a single-family home. Parking spaces may be stacked in a driveway to prevent the over-paving of the area;

4.

In residential districts, no bed and breakfast shall be located on a lot closer than two hundred (200) feet from any other lot containing a bed and breakfast;

5.

The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility; and

6.

In addition to any other requirements posed by the city fire department, each guest room must contain at least one hard wire smoke detector.

F.

Crematory. A crematory shall not be located within five hundred (500) feet of any dwellings.

G.

Individual Retail Uses Over 100,000 Square Feet. In addition to all other requirements of this title, large retail establishments shall be subject to the following:

1.

To avoid long uninterrupted facades, facades greater than one hundred (100) feet in length must incorporate recesses and projections along at least twenty (20) percent of the length of the facade. Windows, awnings and/or arcades must total at least sixty (60) percent of the facade length abutting a public street.

2.

Roof lines must have at least two of the following features:

a.

Parapets concealing flat roofs and rooftop equipment;

b.

Overhanging eaves;

c.

Sloped roofs; or

d.

Three or more roof slope planes.

3.

All facades of a building that are visible from adjoining properties and/or public streets should feature architectural features similar to the front facade.

4.

Facade colors must be of low reflectance, subtle, neutral, or earth tone colors. The use of high intensity colors, metallic colors, black, or fluorescent colors is prohibited.

5.

Building trim may feature brighter colors, but neon tubing is not permitted as an accent material.

6.

Smaller retail shops that are part of a larger principal building ("in-line shops") shall have display windows and separate outside entrances.

7.

Each principal retail anchor shall have a clearly defined, highly visible customer entrance with features such as canopies or porticos, arcades, arches, wing walls, and integral planters.

8.

All sides of a principal building that directly face an abutting public street shall feature at least one customer entrance. Where a principal building directly faces more than two abutting public streets, this requirement shall apply only to two sides of the building.

9.

Predominant exterior building materials must be of high quality, including brick, wood, sandstone, other native stone, and tinted/textured concrete masonry units. Smooth-faced concrete block, tilt-up concrete panels, or prefabricated steel panels are prohibited as the predominant exterior building materials.

10.

Sidewalks shall be provided along all sides of the lot that abut a public street, and a continuous internal pedestrian walkway must be provided from the perimeter public sidewalk to the principal customer entrance. This internal walkway must feature landscaping, benches, and other such materials and facilities for no less than fifty (50) percent of its length. Internal pedestrian walkways must be distinguished from driving surfaces through the use of special pavers, bricks, or scored concrete to enhance pedestrian safety and the attractiveness of the walkways.

11.

Sidewalks shall also be provided along the full length of the building along any facade featuring a customer entrance and along any facade abutting public parking areas. Planted landscape areas or tree grates shall constitute at least thirty-five (35) percent of the area of such sidewalks, while maintaining adequate width for pedestrians, provided that, with respect to individual retail uses over one hundred fifty thousand (150,000) square feet in area, the planted landscaped areas or tree grades shall constitute at least fifteen (15) percent of the area of such sidewalks.

12.

Parking lots are encouraged to be broken up into similar "modules" separated by landscaping and other features. Except with respect to individual retail uses over one hundred fifty thousand (150,000) square feet in area, no more than seventy (70) percent of the off-street parking area for the entire property may be located between the front facade of the principal building and the primary abutting street. No more than five hundred (500) parking spaces may be provided in any given module, and modules must be separated by a continuous greenway or pedestrian way of at least thirty (30) feet in width.

H.

Mining and Quarrying. Mining, or the extraction of minerals, sand, gravel, topsoil or other aggregates, including equipment, buildings or structures for screening, crushing, mixing, washing or storage shall be subject to the following:

1.

No open pit or shaft shall be less than two hundred (200) feet from any public road or less than five hundred (500) feet from any adjacent residential district.

2.

All buildings or structures shall be located not less than two hundred (200) feet from any property line. All grinding, or processing machinery shall be located at the farthest point on the property from residential use as feasible.

3.

The borders of the property adjacent to or across the street from any district other than an industrial district shall be fenced with a solid fence, wall, or landscape material at least six feet in height.

I.

Motor Vehicle Repair, Painting and Body Work.

1.

Disabled vehicles may not be stored longer than two weeks.

2.

Where vehicles are stored outdoors, vehicles must be screened by a fence, wall, or solid landscape screen adequate to conceal such vehicles from adjacent properties and the public right-of-way. No vehicles may be stored at a height greater than the screening, and no vehicles may exceed ten (10) feet in height.

J.

Self-service Storage Facility.

1.

Each self-service storage facility shall be governed by the provisions of the Illinois Self-service Storage Facility Act, 770 ILCS 95/1 et seq.

2.

A fence and landscaping shall be provided which completely encloses the facility and screens it from view on all sides.

K.

Telecommunications Towers, Antennas, and Related Facilities.

1.

Intent. The purpose and intent of this section is to provide location and screening criteria to minimize the potential visual and health impacts of communication antenna facilities.

2.

Applicability. This division identifies general regulations applicable city wide for the location and screening of all telecommunication antenna facilities including: cellular, paging, and other wireless communication technologies, except private satellite dishes for home television viewing.

3.

Location in Residential Districts. In residential districts, freestanding towers are not permitted, and other telecommunications antennae are allowed with special use approval only.

4.

Base Standards. In the case where a special use permit is required the facility must meet all of the following requirements:

a.

The use will not materially endanger the public health or safety if location where proposed and developed according to the plan submitted;

b.

The use meets all required conditions and specifications;

c.

The petitioner has satisfied the co-location requirements listed below;

d.

The use will not substantially injure the value of adjoining or abutting property unless the use is a public necessity;

e.

The use meets all FAA and FCC standards and other applicable federal or state standards;

f.

The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located and will be in conformity with the general plan of development for the area;

g.

If the proposed device (other than a freestanding tower) is to be located in a residential zone, greater care will be taken in siting and construction of the device to minimize visual impacts and increase architectural harmony with adjacent structures (for example: housing the transmitter within a bell tower or church steeple).

5.

Conformance with ANSI and EMF Emission Standards. Within six months after the issuance of its occupancy permit, the applicant shall submit a project implementation report which provides cumulative field measurements of radio frequency (EMF) power densities of all antenna installed on the subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. The report shall be subject to review and approval by the city staff for consistency with the project proposal report and the accepted ANSI standards. If on review, the city finds that the project does not meet ANSI standards, the city may revoke or modify the special use permit.

6.

Placement Standards. The following placement standards shall apply to all installations in the city:

a.

Building Mounted Antenna.

i.

The total height of the building and the antenna shall not exceed the height limit of the underlying zoning district;

ii.

Building mounted antennas shall be screened from view if the antenna are visible to adjacent properties and adjacent public rights-of-way. Omni-directional antenna may not be required to be screened if the screening device would create a greater visual impact than the unscreened antenna. The screening may include parapets, walls, or similar architectural elements provided that it is painted and texturized to integrate with the architecture of the building. As an alternative screening method, landscaping positioned on the premises to screen antenna from adjacent properties may be proposed in lieu of architectural screening;

iii.

When located on a building facade, building-mounted antenna shall be painted and texturized to match the existing building.

b.

Support Structure-Mounted Antenna.

i.

Support structure antennas shall be sited on a premises to minimize visual impacts to adjacent properties and adjacent public rights-of-way;

ii.

The site around the antenna should be landscaped according to the standards below;

iii.

All support structure-mounted antenna shall be set back from adjacent property lines the full height of the structure except when the applicant can provide acceptable data indicating a lesser falling distance.

7.

Co-location. Shared use of existing towers or tower site is encouraged. A new transmission tower shall not be permitted unless the applicant makes a good faith effort to substantially demonstrate that no existing or planned tower or tower site can accommodate the applicant's proposed antenna/transmitter as described in this subsection:

a.

The applicant shall contact the owners of all existing or planned towers, of a height roughly equal to or greater than the height of the tower proposed by the applicant. A list shall be provided of all owners contacted, the date of such contact, and the form and content of such contact.

b.

Such contact shall be made in a timely manner, that is, sufficiently before the filing of an application for a hearing to include a response into the application when filed.

c.

Failure of a listed owner to respond shall not be relevant to the approval authority if a timely, good faith effort was made to obtain one. However, where an existing or planned tower is known to have capacity for additional antennas of the sort proposed, based on the decision regarding such tower, the application for a new tower shall not be complete until the owner of the existing or planned tower responds. Such response is to be required as a condition of approval.

e.

The building inspector shall maintain and provide, on request, records of responses from each owner.

f.

Once an owner demonstrates an antenna of the sort proposed by the applicant cannot be accommodated on the owner's tower as described in subsections (K)(7)(g)(i) through (vi), the owner need not be contacted by future applicants for antennas of the sort proposed.

g.

The applicant shall request the following information from each owner contacted:

i.

Identification of the site by location, tax lot number, existing uses, and tower height;

ii.

Whether each such tower could structurally accommodate the antenna proposed by the applicant without requiring structural changes be made to the tower. To enable the owner to respond, the applicant shall provide each such owner with the height, length, weight, and other relevant data about the proposed antenna;

iii.

Whether each such tower could structurally accommodate the proposed antenna if structural changes were made, not including totally rebuilding the tower. If so, the owner shall specify in general terms what structural changes would be required;

iv.

If structurally able, whether shared use by such existing tower would be precluded for reasons related to radio frequency interference. If so, the owner shall describe in general terms what changes in either the existing or proposed antenna would be required to accommodate the proposed tower, if at all;

v.

If shared use is possible based on subsections (ii) and (iv) of this subsection, the fee an owner of an existing tower would charge for such shared use;

vi.

Shared use is not precluded simply because a reasonable fee for shared use is charged, or because of reasonable costs necessary to adapt the existing and proposed uses to a shared tower. The approval authority may consider expert testimony to determine whether the fee and costs are reasonable. Costs exceeding new tower development costs are presumed to be unreasonable.

8.

Fencing. A black or green PVC-coated chain link fence or appropriate masonry wall of sufficient height for security purposes, as determined by the planning commission, shall be provided around each communication tower. Access to the tower shall be through a locked gate.

9.

Landscaping. The visual impacts of a communication tower shall be mitigated for nearby viewers through landscaping or other screening materials at the base of the tower and ancillary structures. The following landscaping and buffering of communication tower shall be required around the perimeter of the tower and accessory structures, except that the standards may be waived by the building inspector for those sides of the proposed tower that are located adjacent to undevelopable lands or lands not in public view. It is preferable that the landscaping be installed on the outside of fences. Further, the use of existing vegetation shall be preserved to the maximum extent practicable and may be used as a substitute of or in supplement towards meeting landscaping requirements.

a.

At a minimum, a row of evergreen trees a minimum of eight feet tall and a maximum of ten (10) feet apart shall be planted around the perimeter of the fence.

b.

All landscaping shall be properly maintained to ensure good health and viability.

10.

Variations. Any request to deviate from any of the requirements of this section shall require approval according to the standards of Section 17.18.020.

11.

Abandonment.

a.

In the event the use of any communication tower has been discontinued for a period of one hundred eighty (180) consecutive days, the tower shall be deemed to be abandoned. Determination of the date of abandonment shall be made by the building inspector who shall have the right to request documentation and/or affidavits from the communication tower owner/operator regarding the issue of tower usage. Upon such abandonment, the owner/operator of the tower shall have an additional one hundred eighty (180) days within which to:

i.

Reactivate the use of the tower or transfer the tower to another owner/operator who makes actual use of the tower; or

ii.

Dismantle and remove the tower.

b.

At the earlier of one hundred eighty-one (181) days from the date of abandonment without reactivation or upon completion of dismantling and removal, any special exception and/or variation approval for the tower shall automatically expire.

L.

Fencing for Nonresidential Districts. Effective September 1, 2006 and in addition to all other requirements of this title, owners of nonresidentially zoned property and property that is grandfathered as nonresidential that apply for a building permit shall, as part of the building permit process, obtain a fence permit to construct a minimum six-foot privacy fence on any of their property that is adjacent to a residentially zoned property, to include property that is grandfathered as residential. The fence shall be constructed in such a manner as to allow both sides to be maintained in good condition by the nonresidential property owner.

M.

Accessory Outdoor Storage of Materials, Equipment and Commercial Vehicles in C-3.

1.

These provisions apply to outdoor storage that is an accessory use to a permitted principal use in the C-3 district consisting of the storage of materials, equipment and commercial vehicles that are not available for retail sale or rental.

2.

Proposed accessory storage areas shall be clearly delineated on a site plan. Such areas shall include sufficient room for the loading and unloading of the material.

3.

Accessory storage areas shall not exceed twenty-five (25) percent of the area of the property on which they are located. Storage areas covering more than twenty-five (25) percent of the property shall be considered a principal use and subject to the special permit provisions of Section 17.16.090.

4.

All storage areas shall have a minimum front setback of fifty (50) feet and shall not in any case be located closer to the front property line that the principal structure.

5.

All storage areas shall have a minimum twenty (20) foot setback from any side street and all residential zoning districts.

6.

All storage areas shall be screened by a fence, wall, or solid landscape screen adequate to conceal the contents of the storage area from adjacent properties and all public rights-of-way. Stored contents shall be no higher than ten (10) feet and shall not exceed the height of the screening.

7.

The storage area surface material and all stored contents shall be adequately secured, covered and/or treated to prevent them from being blown, washed or tracked out of the storage area, including any dust they may generate.

8.

All stored vehicles shall be properly licensed and operable at all times. Outdoor repair of any vehicle is prohibited as is the storage of inoperable vehicles, equipment or other items typically stored in a salvage yard or junk yard.

N.

Outdoor Sales.

1.

These provisions apply to outdoor sales that are an accessory use to a permitted principal use in the C-3 and CBD districts.

2.

As used in this section the following terms shall have the following meanings:

"Pedestrian walkway" means the paved area adjacent to the building used by patrons to walk to the entrance of the commercial establishment, but shall not include areas within parking lots designed for vehicular travel or parking.

"Seasonal merchandise" means items which are not normally sold throughout the year and are displayed and sold only during the time of year for which they are appropriate or for which they are intended to be used.

3.

Applications for outdoor display and storage, permanent or seasonal on forms furnished by the city manager shall be made to the city manager at least seven calendar days prior to the intended usage. No application shall be required for outdoor display within the pedestrian walkway, removable. The application shall be made by the owner or tenant of the property and shall set forth the following information:

a.

The name, address and telephone number of the applicant.

b.

The dates proposed for such display.

c.

The type of display being sought:

i.

Outdoor display and storage, permanent.

ii.

Outdoor display and storage, seasonal.

d.

A map depicting any proposed parking area to be used for temporary display or sales including the number of parking spaces to be utilized and the number that will remain.

e.

A description of the merchandise or wares to be displayed or proposed use of public property.

f.

The fee for a seasonal permit shall be thirty dollars ($30.00) per month; the fee for a permanent permit shall be two hundred dollars ($200.00), payable in advance to the city clerk.

g.

It shall be the duty of the city engineer or such persons designated by him to review each application to inspect or cause to be inspected the proposed location as frequently as may be necessary to ensure compliance with the provisions of this section.

h.

The city reserves the right to cancel a permit and require that materials and appurtenances be removed from public property within forty-eight (48) hours of written notice from the city manager.

4.

The following are the standards to be met for outdoor sales:

a.

Outdoor display within the pedestrian walkway, removable. Removable outdoor displays include portable or semi-portable racks, displays and merchandise which are set out each morning and taken inside a building each night. Utilization of a portion of city-owned street rights-of-way for the sale and/or preparation of food and drinks and seating of customers is regulated in accordance with the provisions of Section 5.48.

i.

A property owner and/or tenant may utilize a portion of city-owned street rights-of-way, including the sidewalk adjacent to their property, for the temporary display and sale of merchandise. The area to be utilized for outdoor sales must not encroach more than five feet onto the public right-of-way from the private property line and at all times a minimum sidewalk width of five feet shall remain unencumbered for pedestrian passage.

ii.

The property owner and/or tenant shall be responsible for removal of merchandise and appurtenances at the end of each day and restoration of the sidewalk, berm, or pedestrian walkway to prior condition, free of debris. No permanent fixtures or appurtenances may be installed.

iii.

If wares are to be placed on shelves, racks or counters, they shall be of sufficient materials and construction to resist tipping or breakage and shall be free of sharp edges or protrusions.

iv.

All items, including display racks and other fixtures, shall be stored in a fully enclosed building from 9:00 p.m. to 8:00 a.m. and at all times when the business is closed. No glass items or appliances shall be permitted.

v.

All merchandise must be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris.

vi.

The city reserves the right to require that materials and appurtenances displayed not in accordance with these provisions be removed from public property within forty-eight (48) hours of written notice from the city manager.

5.

The following are the standards to be met in order for an outdoor display and storage, permanent or seasonal permit to be issued.

a.

Outdoor Display and Storage, Permanent or Seasonal. Accessory outdoor display and storage includes all uses which conduct sales, display merchandise or equipment for sale or rent, or store goods, materials or by-products outside of an enclosed building on a permanent or seasonal basis, where the area of such outdoor display and storage is fifteen (15) percent or less of the total sales area of the principal use and is fully located on private property. Seasonal or permanent outdoor sales and display of merchandise by a property owner or tenant, not including transient merchants regulated by Section 5.60, farmer's markets, or farm stands, shall not be allowed on public property and shall only be allowed on private property in accordance with the following conditions:

i.

The display of items shall not be permitted in permanently protected green space areas, required landscaped areas, or required setbacks.

ii.

Sales and storage shall not be permitted in the front setback area as defined by Title 17 with the exception that seasonal displays shall be allowed within the front setback area in parking lots over thirty thousand (30,000) square feet.

iii.

The area may not diminish the amount of available parking to an extent that the requirements of Section 17.52.020, Number of parking spaces required, are no longer met.

iv.

Display areas shall be separated from any vehicular parking or circulation area by a minimum of ten (10) feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

v.

Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

vi.

Outdoor display shall be permitted during the entire calendar year; however, if goods are removed from the display area, all support fixtures used to display the goods shall be removed within ten (10) calendar days of the goods' removal.

vii.

Permanent outdoor sales permits may only be issued for outdoor sales and display areas within the private pedestrian walkway and not for areas located within a private parking lot.

viii.

Inoperative vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed.

ix.

All merchandise must be kept in a neat, safe, sanitary and orderly fashion, free from garbage, rubbish and other debris.

(Ord. 2007/08-21 (part); Ord. 2006/07-28 § 1; Ord. 2004/05-17 § 1 (part); Ord. No. 2009/10-12, § 1, 8-19-2009; Ord. No. 2014/15-24, § 2, 11-19-2014)

A.

Purpose. This section is intended to provide the means and guidelines through which tracts of land may be developed through a comprehensive approach, rather than the traditional lot by lot treatment afforded by other districts in this title. It is intended to provide a maximum of design freedom by permitting the developer an opportunity to more fully utilize the physical characteristics of the site through the reduction of lot sizes, yards, height and bulk restrictions and mixing of uses. Through the requirement of a development plan, it is the intent that property under this section will be developed through a unified design, providing contiguity between the various elements, and ultimately leading to a better environment. Increased densities may be permitted under this section if such increases can be substantiated on the basis that the superior site design makes greater densities possible, with no reduction of amenities; and keeping with the desire of the city to provide a wide range of open space opportunities to serve local parks and recreation facilities for active and passive use. This section is not intended to be a device for making increased densities more acceptable, or as a means of circumventing the city's bulk regulations or standards. This section should only be employed in instances where a benefit for the community can truly be derived from its use.

B.

Land Use. As provided in Section 17.28.010(D), planned unit developments (PUD) are separate zoning districts. Within each portion of a PUD district designated to be development for a particular use, all development must be per the regulations applicable to a corresponding district established in Sections 17.28.010(A) through (C). The determination of the corresponding district, and the appropriate land uses in the PUD, should be based upon the guidelines of the comprehensive plan. For example, an area designated for industrial use in the comprehensive plan is appropriate for an M-1 PUD, and shall be governed by the M-1 district regulations.

C.

Permitted Variations from Streator Municipal Code.

1.

Except as specifically provided otherwise in this section, planned unit developments shall be developed in conformity with the zoning title, subdivision title, and all other applicable codes and regulations of the city.

2.

Modifications in zoning, subdivision, and other applicable regulations are privileges and will be considered by the city only in direct response to the tangible benefits received from the planned unit development to the city or the neighborhood in which it would be located. These benefits shall be in the form of exceptional amenities; outstanding environmental, landscape, architectural or site design; or the conservation of special man-made or natural features of the site.

3.

Bulk Regulations. Planned unit developments are governed by the bulk regulations of one of the corresponding districts established in Sections 17.28.010(A) through (C). However, the planning commission may recommend, and city council may authorize, exceptions to the applicable bulk regulations of this title within the boundaries of such planned unit development including lot area, width, depth, and yard setback requirements, provided that the planning commission shall find:

a.

That such exception shall be solely for the purpose of promoting an efficient and coordinated site plan, no less beneficial to the residents or occupants of such development, as well as the neighboring property, than would be obtained under the bulk regulations of this title for buildings developed on separate zoning lots; and

b.

That along the periphery of such planned unit developments, yards shall be provided as required by the regulations of the district corresponding to the particular type of development.

D.

Development Standards Applicable to all Planned Unit Developments.

1.

Site Development Regulations. The PUD shall comply with the site development requirements in Section 17.40.020, parking requirements of Chapter 17.52, landscaping requirements of Chapter 17.56, and the sign regulations requirements of Chapter 15.48.

2.

Common Open Space Ownership and Maintenance.

a.

Prior to the final approval of any PUD, the public or private ownership and maintenance responsibilities for all common open spaces shall be established by the developer and approved by the city. Public ownership shall be either the city or park district. Private ownership shall be a property owner's association duly established by sections of incorporation and bylaws, per the Illinois Condominium Property Act. The instrument of conveyance shall include restrictive covenants running with the land to guarantee the common open space will be properly cared for and used only for purposes designated in the approved final PUD development plan.

b.

In the event that any portion of the property shall be developed under the Illinois Statutes relating to condominiums, the condominium covenants, conditions and restrictions shall include a provision whereby the city shall have the right, but not the obligation, to enforce covenants or obligations of which the city is a part, of the association or the owners of the units as defined and provided within the declaration of condominium. The city shall also have the right to charge or place a lien upon the property of the condominium association for the repayment of such costs and expenses, including reasonable attorneys' fees in enforcing such obligations. The declaration shall further provide that this provision may not be amended without the approval of the city. Prior to recording, the finalized declaration of condominium shall be submitted to the city for their approval.

c.

No property shall be conveyed or dedicated for public use to any public body until the planning commission reviews and the city council approves such conveyance or dedication.

d.

No common open space may be put to any use not specified in the final development plan unless the final development plan has been amended to permit that use as provided in this chapter. However, no change of use authorized under amendments of the plan may be considered as a waiver of any of the covenants limiting the use of common open space areas.

e.

To ensure appropriate long-term maintenance of common open spaces the developer shall submit a detailed open space management plan describing the method and schedule of maintenance. The city may require a maintenance reserve fee, whereby each homeowner, at the time of initial closing of the property, shall pay a maintenance fee into an escrow account held by the city, in an amount determined by the city.

3.

Completion of Recreation Facilities and Other Site Amenities.

a.

Construction of recreational facilities and other improvements to common open spaces serving a PUD shall commence prior to the completion of not more than twenty-five (25) percent of the dwelling units in the development, or fifty (50) percent of the total gross floor area of commercial and industrial uses.

b.

Recreation facilities and other improvements to common open spaces shall be completed prior to the issuance of building permits for the last forty (40) percent of the dwelling units, or thirty (30) percent of the total gross floor area of commercial and industrial uses within a PUD developed as a single phase.

c.

In PUDs containing two or more phases, construction of recreation facilities in earlier phases shall be completed prior to the issuance of occupancy permits for the next phase of the PUD.

4.

Additional Conditions. To meet the unique circumstances presented by each PUD and to protect the health, safety, and general welfare of existing city residents and the residents of the proposed development, the city reserves the right to attach any other conditions it deems necessary, but not specifically provided in this chapter, to the approval of all PUDs.

E.

Residential PUDs.

1.

Base Density. The total number of dwelling units to be built in a residential subdivision shall not exceed the number that could be developed on the same acreage as a standard residential subdivision, with the minimum lot size and setback requirements of that residential district strictly enforced. The base density permitted shall be determined by dividing the net acreage of the residential PUD (less twenty (20) percent of the net acreage to allow for internal streets) by the minimum lot size for the appropriate residential district.

2.

Density Bonuses. To encourage excellence in design the following density bonuses shall be totaled to yield an allowed percentage increase over the maximum base density allowed in subsection (E)(1) of this section. In no case shall the cumulative density increase exceed twenty (20) percent of the permitted base density. The percentage of common open space in the PUD development should not be reduced below the minimum required by subsection (E)(3) of this section to accommodate increased density allowed by the bonus provision.

a.

Landscaped Buffer Yard. One percent for each twenty (20) feet in width in addition to the buffer yard requirements of Chapter 17.56.

b.

Landscaping. For excellence in creativity of design, quality and quantity of landscaping beyond the requirements of Chapter 17.56, a bonus of up to two percent will be allowed.

c.

Swimming Pool. One percent for each outdoor pool to be used by the community; and two percent for each indoor pool to be used by the community.

d.

Tennis Courts. One percent for each tennis court, not to exceed two percent.

e.

Community Center or Club Building. Up to five percent for a community center and also for a club building. These structures must, in the opinion of the administrator, be of a substantial size and functionality in order to serve the development.

f.

Municipal Facility. Up to five percent for land donations for a municipal facility and up to ten (10) percent for donations of land and structure(s) for such facilities.

g.

Open Space. Up to one percent for each five percent of additional common open space above that required by subsection (E)(3) of this section.

h.

Senior Housing. Up to five percent for inclusion of housing specifically targeted toward senior citizens, including independent living, assisted living, or nursing home facilities.

3.

Open Space. At least thirty (30) percent of the net acreage of PUDs used for residential uses shall be usable common open space. Primary (abutting) access from common open space to each building site need not be provided. However, convenient access shall be guaranteed to all residents within the development.

a.

Usable common open space shall be defined as follows:

i.

Parcel Size. Each parcel of common open space used for active recreation shall be at least ten thousand (10,000) square feet with a minimum width of one hundred twenty-five (125) feet. For trail purposes the minimum open space width shall be twenty (20) feet.

ii.

Parcel Location. Each parcel must be accessible to all the residents it is intended to serve. The parcels must be linked by sidewalks, bike trails or pedestrian trails.

iii.

Water Coverage. Not more than seventy (70) percent of the land designated as usable open space may be covered by water on a permanent basis.

iv.

Slope. Not more than twenty (20) percent of the usable open space may have a finished grade exceeding ten (10) percent.

v.

Ownership. Land dedicated to the city or park district may be included in the calculation of usable common open space. Where cash in lieu of land is provided, the acreage of land that otherwise would have been dedicated may be included in the calculation of usable common open space.

b.

Usable common open space shall not include:

i.

Areas reserved for the exclusive use or benefit of an individual tenant or owner;

ii.

Dedicated streets, alleys, and other public rights-of-way;

iii.

Required detention areas;

iv.

Floodplains or wetlands;

v.

Vehicular drives or parking, loading and storage areas; and

vi.

Irregular or unusable narrow strips of land less than fifty (50) feet wide, unless containing a trail or bicycle path.

4.

Tot Lots or Neighborhood Parks. A minimum of one tot lot or neighborhood park shall be provided for every one hundred (100) dwelling units, or as determined necessary by the planning commission. Tot lots and neighborhood parks shall be centrally located in relationship to the dwelling units to which they serve.

5.

Bulk Regulations. With the exception of minimum lot area, residential dwelling units shall comply with the bulk regulations set forth by the standards of the underlying zoning district in Chapter 17.40, including minimum yards, maximum building height, maximum lot coverage, maximum impervious coverage, minimum gross floor area, etc. The city may relax these standards per the standards of Section 17.36.020(C).

a.

Minimum Lot Size. No minimum lot area shall be required, provided that the density regulations of subsection (E)(1) of this section are met. To the extent reasonably practicable, the amount of land "saved" by creating lots that are smaller than the standards set forth in Section 17.40.101(A) shall be set aside as usable open space.

b.

Building Separation. For single-family detached units and support commercial uses, the minimum side-to-side separation between principal buildings shall not be less than twenty (20) feet. For attached residential units, the minimum separations between principal buildings shall be as follows:

i.

Side-to-side: thirty (30) feet,

ii.

Side-to-rear: forty (40) feet,

iii.

Rear-to-rear: sixty (60) feet.

F.

Nonresidential and Mixed Use PUDs.

1.

Bulk Regulations. With the exception of maximum building height, buildings shall comply with the bulk regulations set forth by the standards of the underlying zoning district in Chapter 17.40, including minimum yards, maximum lot coverage, maximum impervious coverage, minimum gross floor area, etc. The city may relax these standards per the provisions of subsection C of this section.

2.

Maximum Building Height. The maximum building height for principal and accessory nonresidential uses shall be the same as the height allowed by the underlying zoning district, or by requirement of the adjacent zoning district, whichever is greater. An additional one foot in height is permitted for every four feet of additional front, side, or rear setback, as applicable, from an adjoining lower intensity zoning district.

3.

Building Separation. For nonresidential uses, the minimum side-to-side separation between principal buildings shall not be less than twenty (20) feet.

4.

Residential Uses. Residential uses in a mixed use PUD must conform to the requirements of subsection E of this section.

G.

Review Standards. In granting or withholding approval of preliminary plans and final plans, the planning commission and the city council shall consider the extent to which the application fulfills the requirements of this title and the following standards:

1.

The plan is designed to protect the public health, welfare and safety.

2.

The proposed development does not cause substantial injury to the value of other property in the immediate area.

3.

The plan provides for protection of the aesthetic and function of the natural environment, which shall include, but not be limited to, floodplains, streams, creeks, lakes, ponds, wetlands, soil and geologic characteristics, air quality, vegetation, woodlands and steep slopes.

4.

The plan provides for and ensures the preservation of adequate recreational amenities and common open spaces.

5.

Residential use areas provide a variety of housing types to achieve a balanced neighborhood.

6.

The planned unit development provides land area to accommodate cultural, educational, recreational and other public and quasi-public activities to serve the needs of the residents thereof.

H.

Preapplication Conference and Concept Plan.

1.

Purpose. Prior to filing a formal application for approval of a planned unit development, the applicant shall request a preapplication conference with the administrator. The purpose of the preapplication conference is to make advice and assistance available to the applicant before presentation of the preliminary development plan as required by this title, so that the applicant may determine:

a.

Whether the proposed planned unit development conceptually appears to be in compliance with the provisions of this title and all other applicable city standards, codes, and regulations;

b.

Whether any zoning amendment or variation is required in connection with the proposed development; and

c.

Whether the proposed planned unit development will be in conformity with the land-use policies and objectives of the city.

2.

Concept Plan. Prior to the preapplication meeting, the petitioner shall provide five copies of a concept plan describing the proposed development and surrounding area in sufficient detail to demonstrate the relationship of the proposed PUD to adjoining uses, both existing and planned, and to the topography and natural features of the site and adjoining lands. The concept plan shall include the following:

a.

North arrow, scale, and date of preparation;

b.

Name and address of site planner, engineer or surveyor who prepared the plan;

c.

Proposed land uses, acreage and percent of the site devoted to each land use, including layout and configuration of common open space;

d.

Proposed layout of streets, lots, and blocks for those phases of the PUD for which the petitioner will seek initial preliminary approval;

e.

Proposed building footprints and estimated floor area for nonresidential structures for those phases of the PUD for which the petitioner will seek initial preliminary approval;

f.

Conceptual sketches demonstrating the land planning concept for each proposed type of housing unit;

g.

Gross and net density of residential areas and housing types;

h.

Location of parking areas, number of spaces to be provided, and method used to calculate the number of required spaces;

i.

Wetlands, floodplains, and drainage characteristics, including topographic contour lines with a minimum of ten (10) feet intervals;

j.

Major stands of trees and other significant vegetative areas;

k.

A preliminary engineering study providing a general description of existing sanitary, storm, and water service facilities, on and adjacent to the proposed development and the proposed improvements necessary to properly handle the utility needs of the development and any additional information as may be requested by the city engineer;

l.

A brief written statement that contains a general descriptions of the design and architectural standards for the PUD, treatment of environmentally sensitive land, proposed time frame for phased development, a statement of present ownership and contractual purchase agreements, and proposed zoning;

m.

Any other data determined to be reasonably necessary by the zoning administrator to provide an accurate overview of the proposed development.

3.

Procedures.

a.

The zoning administrator shall review the concept plan and other documentation, and shall advise the petitioner as to the compatibility of the PUD with the comprehensive plan, the zoning title, and the subdivision title. Recommendations relative to a preapplication review are advisory only, and shall not constitute a waiver from the requirements contained in this code.

b.

The zoning administrator may require revisions to the concept plan prior to acceptance of the preliminary plan. This may necessitate additional meetings between the petitioner and the zoning administrator.

c.

When deemed desirable by the administrator, city staff or consultants shall prepare a written summary report which shall be forwarded to the planning commission and city council.

4.

Fees shall be per Section 17.04.080, except there will be no charge for the preapplication conference.

I.

Preliminary Development Plan.

1.

Purpose. The purpose of the preliminary plan is to provide a transitional phase between concept plan review and final plan approval and a logical sequence of events. It is intended to permit the applicant the opportunity to provide specific information pertaining to that portion of the planned unit development that is the subject of the preliminary plan.

2.

Application Submittal Requirements. Application for preliminary plan approval of a planned unit development shall be filed with the administrator, accompanied by twenty (20) copies of a preliminary development plan. The following information shall be required:

a.

Ownership. The entire site of the planned unit development shall be under single ownership, or unified control as demonstrated by a statement of ownership description of legal responsibility as necessary to effectuate and maintain the plan.

b.

Boundary Survey and Legal Description. A boundary survey and legal description of the area covered by such preliminary plan, prepared and certified by a Registered Illinois land surveyor, including the total acreage therein certified to the nearest one-hundredth of an acre, a north point (designated as true north) and the date of preparation.

c.

Site Location Map.

d.

Topographical Survey. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals as such area exists at that time.

e.

Existing Zoning and Land Use Map. A map showing the existing zoning and land use of the property covered by the preliminary plan and the area within five hundred (500) feet thereof, as well as of the boundaries of the total planned unit development.

f.

Concept Plan. For large projects that may be developed over several years, an applicant shall be required to submit a concept plan for those portions of a property that will not be developed immediately. Concept plans shall meet the requirements of subsection H of this section.

g.

Statement of Character. A written explanation of the general character of the proposed development, including:

i.

The description and quantity of all land uses to be included in the development, with maximum and minimum percentage limitations for each use as well as the proposed number of acres to be devoted to recreational areas, schools, and municipal purposes;

ii.

The projected type, location and number of dwelling units and densities to be constructed in each phase of the total development;

iii.

A description of each type of residential, commercial, or industrial unit proposed to be constructed (i.e., single-family, commercial, industrial, etc.);

iv.

The estimated population broken down by housing type, location, and school district, as may be anticipated upon completion of the development.

h.

Drawings. A detailed drawing of the area covered by such plan prepared at a scale of not less than one inch to two hundred (200) feet and shall show such designations as proposed streets (public and private) for the area covered by such preliminary plan and the area within five hundred (500) feet thereof, all buildings, their height and use, common open space, recreational areas and facilities, parking areas, service areas and other facilities related to the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

i.

Existing and proposed public roads including classifications, width or right-of-way, width of pavement and construction details;

ii.

Existing easements and proposed easements to be granted in lieu of rights-of-way;

iii.

The gross and net density of residential uses, including dwelling units per acre, the number of dwelling units by type and the number of buildings by type;

iv.

Schematic street lighting and public area lighting systems;

v.

A landscape plan which satisfies the requirements of Chapter 17.56; and

vi.

Engineering plans for stormwater and floodplain management in compliance with city titles.

i.

Traffic Study. A traffic study prepared by a qualified expert, providing:

i.

A general description of existing roads on and adjacent to the proposed development, and the proposed road improvements necessary to handle properly the traffic anticipated to be generated upon development;

ii.

A circulation diagram indicating the proposed movement of vehicles, goods and pedestrians within and adjacent to the planned unit development; and

iii.

Any special engineering features and traffic control devices needed to facilitate traffic safety.

j.

City Title Report. A description of the modifications, exceptions, and variances from this title or the city's subdivision title which are being requested as part of the application for establishment of the planned unit development.

k.

Market Study. If deemed necessary by the administrator, a general market analysis report, or other appropriate evidence, to establish the need for and feasibility of a nonresidential or mixed use development.

l.

Environmental Study. A general statement identifying existing natural and environmental resources, including a policy statement by the applicant expressing basic plans and procedures, which will be utilized to ensure protection of the total physical setting of the development and related environs. The statement should identify and locate on one or more exhibits, the following environmental factors:

i.

A soil analysis shall be prepared, along with recommendations, if any, from the LaSalle County or Livingston County Environmental Services and Land Use Department. The analysis must include soil types, code numbers and limitations for urbanized areas, conservation and agricultural productivity, soil wetness and erosion potential;

ii.

Scenic views and vistas;

iii.

Surface hydrology identifying: existing surface drainage patterns; topography; major and minor water sheds; base flood limits as established by hydrological investigations atlas, FEMA flood insurance maps, historical flood of record or best available information; projected one hundred (100) year flood boundaries; all ponds, lakes, creeks, streams, rivers and ditches; and wetlands;

iv.

Geology identifying surface geological deposits and a statement of their characteristics and limitations, prepared pursuant to the recommendations and published data of the Illinois Geological Survey and of other mapping data, and analysis of subsurface conditions on the subject property if required by the city engineer;

v.

Natural coverage and vegetation showing marshes, bogs, wooded areas, isolated preservable trees, natural prairie, rock outcroppings, existing pasture land, crop land, orchards, other agricultural uses, areas of sand, gravel, or peat extractions and any unique natural or ecologically sensitive area;

vi.

Current ground elevations on the tract with contours at two-foot intervals and spot elevations at all breaks in grade, along all drainage channels or swales and at selected points, not more than one hundred (100) feet in all directions; and

vii.

The generalized pattern of existing land use, major and minor roadways, sidewalks, railroads, sanitary sewers, storm sewers and drainage improvements, water mains, utilities and designated landmarks, historical areas and buildings.

m.

Construction Schedule. A proposed construction schedule showing the anticipated number of dwelling units or other structures to be constructed during the anticipated term of development, and showing the anticipated amount of square feet of commercial or industrial property (if any) to be constructed and ready for occupancy during the anticipated term of the development. The schedule shall include:

i.

The approximate date on which construction of the project can be expected to begin;

ii.

The stages in which the project will be built;

iii.

The anticipated rate of development;

iv.

The approximate dates when the development of each of the stages will be completed; and

v.

The area and location of recreational space and common open space that will be provided at each stage.

n.

Covenants. Proposed agreements, provisions or covenants and by-laws which will govern the use, maintenance and continued protection of the planned unit development and any of its common open space of the homeowner associations, recreational areas and facilities, in the area covered by the preliminary plan.

o.

Title and Certificates. Present tract designation, according to official records in the office of the recorder of deeds, title under which the proposed development is to be recorded, with names and addresses of owners, and notation stating acreage.

p.

Open Space and Recreation Areas and Facilities. All parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated, and the improvements which will be made to each area and facility.

q.

Architectural Renderings. Architectural renderings of the proposed structures (except single-family detached homes) within only the area which is the subject of the preliminary plan.

r.

Notices. Names and addresses of the persons to whom notices of hearings hereunder may be sent, including the subdivider, the designer of the subdivision and the owners of the land within two hundred fifty (250) feet from the boundary lines of the property immediately adjoining the land to be platted.

3.

Preliminary plan procedural requirements are as follows:

a.

Public Hearing. The planning commission shall hold a public hearing on the application for rezoning to a planned unit development district and preliminary plan, giving notice of the time and place not more than thirty (30), nor less than fifteen (15) days before the date of the hearing by publishing a notice thereof at least once in the official newspaper.

b.

Phased Planned Unit Developments. If the preliminary plan initially submitted shall cover less than all of the planned unit development, preliminary plans for additional areas of the planned unit development may be submitted to the city council within such period of time as shall have been prescribed in the approval of the application for establishment of the planned unit development, provided, further, that upon request in writing of the developer, the city council may, by resolution duly adopted at any meeting of the city council, extend the period of time for submission of preliminary plans covering all of the planned unit development.

c.

Status of Approved Preliminary Development Plan. Approval of a preliminary plan shall not constitute approval of the final plan, nor qualify a plat of the planned unit development for recording. Rather it shall be deemed an expression of approval of the preliminary plan as a guide to preparation of the final plan.

d.

Modifications. A preliminary plan which has been granted approval as submitted, or approval with conditions or modifications, shall not be modified, revoked or otherwise impaired by action of the city, pending an application for final approval, without the consent of the applicants, provided that application for final approval is filed within the time or times specified in the resolution granting preliminary approval, and thereafter, but prior to final approval, the applicant shall choose to abandon such plan and shall so notify the planning commission in writing, the preliminary plan approval shall be deemed to be revoked and all that portion of the area included in the plan for which final approval has not been given, shall be subject to those local titles applicable thereto. No building permit shall be issued for any structure until approval has been given by the city council.

e.

Submission with Preliminary Development Plans. At any time, and from time to time when a preliminary plan for a portion of the planned unit development is submitted for approval, it shall be an obligation of the developer of such portion to cause the developer of the overall planned unit development to prepare and submit to the city with such preliminary plan, an updated land use plan for those areas in the planned unit development for which preliminary plans shall not then have been submitted for approval.

f.

Annual Submissions. When no updated land use plan of the planned unit development has been prepared for one year, the developer of the planned unit development shall, unless the city waives such obligation, prepare and submit to the city a land use plan for those areas in the planned unit development for which preliminary plans have not been submitted for approval.

J.

Final Development Plan.

1.

Purpose. The purpose of the final plan is to provide a detailed design for the land to be subdivided, as well as, the division of other lands into common open spaces and building areas, and to more specifically address land uses and building locations. The city may, at its discretion, review and approve preliminary and final plans simultaneously.

2.

Application Submittal Requirements. The following information shall be required in addition to all preliminary plan information as per subsection I of this section:

a.

If the planned unit development constitutes a subdivision, a final subdivision plat shall be submitted. Any such final subdivision plat shall set forth, on the face thereof, suitable dedications of permanent open spaces and recreational amenities to be owned in common easements, rights-of-way and all other criteria in form and substance, conforming to the requirements of the city's subdivision title, and all other applicable city standards and regulations, as the same may be amended and in force from time to time.

b.

The final version of the site plan of the planned unit development shall be filed, indicating the locations of all buildings, all parking and loading spaces, setbacks, block and lot numbers, street names, and any other special structure, facility or feature approved or required by the city council.

c.

The final version of the covenants, if any, by which the applicant proposes to regulate land use and otherwise protect the proposed development, accompanied by the written representation and warranty of the applicant, in form and substance satisfactory to the city attorney, to the effect that the owner of the real property which is the subject of the proposed planned unit development has not sold or otherwise disposed of any interest in the property and will not sell, or otherwise dispose of any such interest, prior to the filing for record of the covenants in the office of the recorder of deeds of Livingston and LaSalle Counties, Illinois.

d.

Such deeds or easement agreement, if any, as required or approved by the city council, shall be filed in form and substance approved by the city attorney, conveying a suitable ownership interest in the parcels within the proposed planned unit development which are to be subject to public or common ownership.

e.

Filing a copy of the articles of incorporation of homeowners, merchants or business or property owners association, if any, required or approved by the city council, certified by the secretary of state of Illinois, not more than thirty (30) days prior to the filing of the final plan; a certificate of good standing for such corporation certified by the secretary as being true, correct; and a complete copy of such bylaws, as of the date not more than thirty (30) days prior to the filing of such final plan.

f.

Engineering drawings and specifications for:

i.

Sanitary and storm sewer systems;

ii.

Water supply system;

iii.

Street lighting and public area lighting systems;

iv.

Sidewalks, trails, and paths;

v.

Stormwater management;

vi.

Floodplain management;

vii.

Erosion control plan for all disturbed areas and a plan to preserve existing vegetation;

viii.

Such engineering drawings and any other drawings required by any other title of the city shall be prepared in such detail as may be required by the city engineer;

ix.

Estimate of the cost of installation of all proposed public improvements, confirmed by a registered Illinois engineer.

g.

A plan or report shall be prepared by the developer and shall evaluate, in general terms, the impact of the proposed development on the natural environment. The report shall identify:

i.

The final version of the developer's policy toward maintaining the natural environment;

ii.

An analysis of the existing environment, prior to the proposed action. Consideration should be given to the following factors:

(A)

Unique physical features of the land such as soil stability, erosion, and ground contours,

(B)

Scenic views and vistas,

(C)

Drainage, runoff surface water, groundwater, floodplains, lakes, streams, creeks, streams, rivers, ditches and wetlands,

(D)

Air quality,

(E)

Areas underlain by sand and gravel aquifers,

(F)

Vegetation, and

(G)

Wildlife.

h.

A general listing of the effects on the environment which would be caused by the proposed development, and the actions which the developer proposes to undertake to resolve any adverse conditions resulting from development of the land.

i.

Final architectural renderings and facades of all proposed primary structures, except single-family detached residences. Elevations must include all building facades.

j.

A certificate shall be furnished from the county collector that finds no delinquent taxes are outstanding on the property, and that all special assessments constituting a lien on the whole or any part of the property of the planned unit development have been paid.

k.

Certificates and signature blocks as required by Illinois Statutes and Plat Act.

3.

Final Development Plan Procedural Requirements. The final plan shall conform substantially to the preliminary plan, as approved, and if desired by the developer, it may be submitted in stages, with each stage reflecting a portion of the approved preliminary plan which is proposed to be recorded and developed. Submission in stages may occur, provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of the final plan of a planned unit development shall be as follows:

a.

Application for final plan approval shall be filed with the zoning administrator, and be accompanied by fifteen (15) copies of the final plan. The final plan and supporting data shall be filed with the city clerk and forwarded to the planning commission for certification that the final plan is in conformity with these regulations and in agreement with any approved preliminary plans.

b.

Final plans for all or specified development phases of the planned unit development shall be submitted for approval. There shall be no minimum acreage requirement with respect to final plans. Approval of final plans may not be withheld for reasons that would be inconsistent with the approved preliminary development plan. In considering the approval of the final plan, no further public hearings shall be required to approve changes from preliminary development plans which are not "major changes" as defined in subsection (K)(5) of this section.

c.

The applicant shall submit the final plan, or the final plan for the first phase, for approval by the planning commission within twelve (12) months after approval of the preliminary plan, unless an extension is applied for by the applicant and agreed to by the city council.

d.

After review of the final plan and supporting data, the planning commission shall approve or disapprove the plan within sixty (60) days after filing by the developer. Disapproval of the final plan of the planned unit development shall include a clear statement of the reasons thereof.

e.

The city council shall review the final plan after receiving the recommendation of the planning commission. Approval by the city council of the final plan for any proposed planned unit development shall be effective only for a period of sixty (60) days after the date of such approval, unless within such sixty (60) day period the applicant shall record or cause the recordation of the final plan including any final subdivision plat, the final restrictive covenants and the deeds and/or easement agreement required or approved by the city council, in the office of the recorder of deeds of Will County, Illinois.

f.

Time Limitations for Submission of Final Plans. Final plans for all or part of the area covered by the preliminary plan shall be submitted to the council of trustees for approval within one year after approval of the preliminary development plan by the city council, provided that upon request in writing of the developer, the city council may, by resolution duly adopted at any meeting of the city council, extend the period of time for the submission of such final plans.

K.

PUD Compliance and Amendments.

1.

All planned unit developments shall be developed in strict compliance with the recorded final plan and supporting data. All final plans and covenants filed and recorded hereunder shall be contractual undertakings by, and shall be binding upon, the applicants, therefore the owners of the land covered by such planned unit development, their successors and assigns; and shall limit and control the construction location and use and operation of all land in such planned unit development, and all improvements and structures to be located thereon.

2.

Schedule. The city council shall consider a planned unit development subject to revocation if construction falls more than two years behind the filed and approved schedule. The developer shall be notified at least ninety (90) days prior to any revocation hearing. The site will revert back to its original zoning if revocation occurs.

3.

Occupancy. No planned unit development, or any portion thereof, may be occupied until such time as a certificate of zoning compliance has been issued by the building inspector and/or the administrator certifying that the development, or a stage of the development, if applicable, has been completed in compliance with the final plan and any recorded covenant or developer agreement as approved and recorded.

4.

Amendments to the Final Approved Plan During Development. Upon approval of rezoning and the necessary building permits, no major changes may be made during or after the development of the final plan as approved and recorded by the city council unless the applicant applies for approval of a major change to a planned unit development.

5.

Major Changes. A major change requires a public hearing before the planning commission and approval by the city council. Any of the following changes shall be deemed to be a "major change:"

a.

A change which alters the concept, character or intent of the final development plan;

b.

A change which increases residential density by five percent or more;

c.

A change which increases the height of any building or structure beyond five percent, or alters the uses and design standards set forth as a minimum in this title;

d.

A change which significantly increases nonresidential floor area by more than ten (10) percent;

e.

A change which reduces the amount of common open spaces or recreational amenities;

f.

A change in the final development plan; or

g.

A change in the transportation plan.

6.

Minor Changes. The administrator may approve minor changes in the planned unit development which do not change the concept or intent of the development and shall convey all decisions to the planning commission in writing. Minor changes are defined as any change not defined as a major change.

L.

Building Permits and Excavation Operations. Building and occupancy permits shall be required for each structure in a planned unit development. No building permit relating to any part of a planned unit development shall be issued prior to the approval of a final plan, or such part of the planned unit development, provided, however, that subject to the approval of the city, excavation operations (site grading and construction of sewer, water and other utility improvements) may proceed at any time following approval of the preliminary development plan.

M.

Effect of Denial of a Planned Unit Development Rezoning. No application for a planned development special use which has been denied wholly or in part by the city council shall be resubmitted for a period of one year from the date of the order of denial, except on the grounds of new evidence, or proof of change of conditions found to be valid by the planning commission and the city council.

(Ord. 2004/05-17 § 1 (part))

A.

Smoke.

1.

In the C-1, C-2, C-3, M-1 and all PUD districts, no 4.000 classification use may emit from a vent, stack, chimney, or combustion process any smoke that is visible to the naked eye.

2.

In the M-2 district, no 4.000 classification in Appendix A of Chapter 17.32 use may emit from a vent, stack, chimney, or combustion process any smoke of a density or equivalent capacity in excess of state and federal environmental protection standards.

B.

Air Pollution.

1.

Any 4.000 classification use that emits any "air contaminant" as defined in state and federal law or regulation shall comply with applicable state or federal standards concerning air pollution.

2.

No zoning certificate or special permit may be issued with respect to any development covered by subsection A of this section until the United States and Illinois environmental protection agencies have certified to the permit-issuing authority that the appropriate state and federal permits have been received by the developer, or that the developer will be eligible to receive such permits and that the development is otherwise in compliance with applicable air pollution laws.

C.

Disposal of Liquid Wastes.

1.

No 4.000 classification use in any district may discharge any waste contrary to the provisions of the state law governing discharges of radiological, chemical, or biological wastes into surface or subsurface waters.

2.

No 4.000 classification use in any district may discharge into the city sewage treatment facilities any waste not in compliance with city sewer service system, Chapter 13.04 of this code.

D.

Electrical Disturbance or Interference. No 4.000 classification use may:

1.

Create any electrical disturbance that adversely affects any operations or equipment other than those of the creator of such disturbance, or

2.

Otherwise cause, create, or contribute to the interference with electronic signals (including television and radio broadcasting transmissions) to the extent that the operation of any equipment not owned by the creator of such disturbance is adversely affected.

(Ord. 2004/05-17 § 1 (part))

A.

Purpose and Applicability. It is the intent and purpose of this section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City of Streator. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (the "Act"), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided in this section. Such facilities may undertake all powers and activities allowed under the Act, as it may be amended from time-to-time, and regulations promulgated thereunder. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

B.

Special Use. Adult-use cannabis business establishment facilities, as defined herein, requiring approval of a special use permit in the respective districts in which they are requested shall be processed in accordance with Section 17.16.090 (Special Permits) of this Title 17.

C.

Adult-Use Cannabis Facility Components. In determining compliance with Section 17.16.090 (Special Permits), the following components of the adult-use cannabis facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:

1.

Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.

2.

Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.

3.

Hours of operation and anticipated number of customers/employees.

4.

Anticipated parking demand based on the regulations set forth in Chapter 17.52 (Parking) of this Title 17 and available private parking supply.

5.

Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.

6.

Site design, including access points and internal site circulation.

7.

Proposed signage plan.

8.

Compliance with requirements provided in Section 17.36.050D (Adult-Use Cannabis Craft Grower); Section 17.36.050E (Adult-Use Cannabis Cultivation Center); Section 17.36.050F (Adult-Use Cannabis Dispensing Organization); Section 17-36-050G (Adult-Use Cannabis Infuser Organization); Section 17-36-050H (Adult-Use Cannabis Processing Organization); or Section 17-36-050I (Adult-Use Cannabis Transporting Organization), as applicable.

9.

Other criteria determined to be necessary to assess compliance with Section 17.16.090.

D.

Adult-Use Cannabis Craft Grower. In those zoning districts in which an adult-use cannabis craft grower may be located, the proposed facility must comply with the following:

1.

Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.

Facility may not conduct any sales or distribution or processing of cannabis other than as authorized by the Act.

3.

For purposes of determining required parking, adult-use cannabis craft growers shall be subject to the regulations set forth in Chapter 17.52 (Parking) of this Title 17; provided, however, the city may require that additional parking be provided as a condition of a special permit.

E.

Adult-Use Cannabis Cultivation Center. In those zoning districts in which an adult-use cannabis cultivation center may be located, the proposed facility must comply with the following:

1.

Facility may not be located within one thousand five hundred feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.

Facility may not be located within one thousand five hundred feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

4.

For purposes of determining required parking, adult-use cannabis cultivation centers shall be subject to the regulations set forth in Chapter 17.52 (Parking) of this Title 17; provided, however, the city may require that additional parking be provided as a condition of a special permit.

F.

Adult-Use Cannabis Dispensing Organization. In those zoning districts in which an adult-use cannabis dispensing organization may be located, the proposed facility must comply with the following:

1.

Facility may not be located within one thousand five hundred feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.

Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

At least seventy-five (75) percent of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on or in the same tenant space.

4.

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

5.

For purposes of determining required parking, said facilities shall be subject to the regulations set forth in Chapter 17.52 (Parking) of this Title 17; provided, however, the city may require that additional parking be provided as a condition of a special permit.

G.

Adult-Use Cannabis Infuser Organization. In those zoning districts in which an adult-use cannabis infuser organization may be located, the proposed facility must comply with the following:

1.

Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.

Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

At least seventy-five (75) percent of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

4.

For purposes of determining required parking, said facilities shall be subject to the regulations set forth in Chapter 17.52 (Parking) of this Title 17; provided, however, the city may require that additional parking be provided as a condition of a special permit.

H.

Adult-Use Cannabis Processing Organization. In those zoning districts in which an adult-use cannabis processing organization may be located, the proposed facility must comply with the following:

1.

Facility may not be located within one thousand five hundred (1,500) feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.

Facility may not be located in a dwelling unit or within two hundred fifty (250) feet of the property line of a pre-existing property zoned or used for residential purposes.

3.

At least seventy-five (75) percent of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

4.

For purposes of determining required parking, said facilities shall be subject to the regulations set forth in Chapter 17.52 (Parking) of this Title 17; provided, however, the city may require that additional parking be provided as a condition of a special permit.

I.

Adult-Use Cannabis Transporting Organization. In those zoning districts in which an adult-use transporting organization may be located, the proposed facility must comply with the following:

1.

Facility may not be located within one thousand five hundred feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this section.

2.

The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

3.

For purposes of determining required parking, said facilities shall be subject to the regulations set forth in Chapter 17.52 (Parking) of this Title 17; provided, however, the city may require that additional parking be provided as a condition of a special permit.

J.

Additional Requirements. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an adult-use cannabis business establishment and the site on which it is located, consistent with the requirements of the Act.

K.

Co-Location of Cannabis Business Establishments. The city may approve the co-location of an adult-use cannabis dispensing organization with an adult-use cannabis craft grower center or an adult-use cannabis infuser organization, or both, subject to the provisions of the Act and the special permit criteria set forth in the Streator Municipal Code. In a co-location, the floor space requirements of Section 17-36-050F.3. and Section 17-36-050G.3. shall not apply, but the co-located establishments shall be the sole use of the tenant space.

(Ord. No. 2020-01, § 3, 1-15-2020)