This subchapter established lot and structure requirements, design standards, and use limitations for specific, potentially troublesome, structures and uses. These regulations apply in every zoning district where the specific structure or use is permitted or allowed by special use permit. But if more stringent regulations are applicable in any particular district, such regulations shall prevail.

(Ord. passed - - )

   The regulations of this section do not apply to camping trailers or other similar recreational vehicles (RVs) parked in permitted camping trailer parks or lots permitting camping trailer sales. The regulations of this section do include all motor vehicles, motor homes, trailers, boats, boat trailers, campers, vehicle carriers or any other similar trailer or recreational vehicle that is not parked on any permitted camping park or sales lot.

   (A)   No motor home, trailer, boat, boat trailer, camper, vehicle carrier or any other similar trailer or recreational vehicle shall be parked on any public right-of-way street or alley unless approved by the city.

   (B)   No camping trailer or other similar recreational vehicle shall be used as living quarters (other than in a camping trailer park).

   (C)   No camping trailer or other similar recreational vehicle shall be used as an office or for any other commercial use. However, construction trailers may be used as field offices on large construction sites at the Code Official’s discretion.

   (D)   No motor vehicle, motor home, camping trailer, boat, boat trailer, RV or other similar recreational vehicle shall be parked on any front or side yard that abuts a street except on a driveway. When any of these vehicles are parked in any rear yard or side yard abutting a lot, such parking area and driveway access shall consist of at least four inches of crushed stone.

   (E)   No motor vehicle, motor home, camping trailer, RV or any other similar recreational vehicle shall be parked on any front, side or rear yard in any multi-family use or dwelling, including duplexes, unless a driveway is provided. No more than two recreational vehicles including boats and trailers shall be parked on any lot including a driveway in any zoning district. However, no restrictions shall be placed upon the allowable number of recreations vehicles that may be parked on the lot of a permitted business that sells such vehicles.

   (F)   Accessory parking spaces and their means of access shall not allow or permit yard to become unsightly or poorly maintained with nuisances such as ruts, mud or tall weeds or grass.

(Ord. passed - - ) Penalty, see § 154.999

   (A)   No sharp-pointed fence or barbed wire fence shall be erected or maintained anywhere in the residential districts. In the commercial or industrial districts a barbed wire fence is allowed if the barbed wire is above eight feet.   

   (B)   No fence, wall or other obstruction shall be erected within any public right-of-way without the written approval of the Code Official.

   (C)   No fence, wall, tree, shrub or any other obstruction shall be permitted in any easement or within any street or alley right-of-way, except by written approval of the city. No obstruction shall violate the Illinois Drainage Code. In order for repair and maintenance services to be performed, utilities shall have the right to destroy any such improvements or obstacles within any right-of-way or easements and shall only be responsible to restore the area back to its natural grade.

   (D)   Every fence, wall or other obstruction shall conform to the special height restrictions applicable in areas near intersections (see § 154.030(B)). No fence, wall or other obstructions in any front yard area shall exceed four feet in height or in any rear or side yard exceed eight feet in height unless a commercial or industrial lot abuts the rear or side yard of a residential lot, then privacy screening requirements must be followed (see § 154.061).

(Ord. passed - - )

   (A)   All service facilities, and fuel pumps, including those used for gasoline, diesel and propane, shall be located a minimum of 25 feet from any street right-of-way line, side lot line, or rear lot line.

   (B)   All fuel pumps used to provide the dispensing of all fuels shall be located in such a manner that they do not prohibit the movement of motor vehicles that are not being fueled from passing the dispensing area or interfering with any parking lot access way.

(Ord. passed - - )

   The intent of this section is to provide peace, quiet, and domestic tranquility within all residential neighborhoods within the city, and to alleviate or limit excessive noise, excessive traffic, nuisance, fire hazard, and other anticipated adverse effects of commercial uses being conducted in residential areas. The intent is not to require permits of those persons under the age of eighteen who are engaged in miscellaneous part-time seasonal work such as lawn mowing or snow shoveling.

   (A)   When permitted. Notwithstanding other sections of this Section a home occupation may be conducted in zones R-1, R-2, R-3 and M-H, provided that it shall be unlawful to conduct such home occupation without the prior issuance of a home occupation permit or home occupation conditional use permit, except for the following:

      (1)   A public auction provided that such auction is held no more than one time each calendar year and takes place for no more than two consecutive days;

      (2)   Garage sales, subject to the conditions set forth below; and

      (3)   Minor’s miscellaneous seasonal work.

      (4)   Garage sales. It shall be unlawful to conduct a garage sale unless such sale is in compliance with the following requirements:

         (a)   Sales shall last no longer than three consecutive days.

         (b)   Sales are held no more than twice yearly at any one location.

         (c)   Sales are conducted on a person’s then owned or rented dwelling property provided that multi-family sales are permitted if they are held on property then owned or rented for dwelling purposes by one of the participants.

         (d)   No goods purchased for resale may be offered for sale.

         (e)   No consignment goods may be offered for sale.

         (f)   All directional advertising signs shall be freestanding and shall be removed after completion of the sale.

         (g)   No directional or advertising signs shall be larger than two feet by three feet.

   (B)   Issuance of home occupation permits.

      (1)   A home occupation permit shall be issued by the Zoning Administrator, upon application to the office of the official and payment of a sum equal to the annual permit fee, without a hearing, provided that the home occupation is owned solely by the applicant, and conforms to all of the applicable requirements of this section, and is one or more of the following occupations:

         (a)   Dressmaking, sewing, and tailoring.

         (b)   Artistic painting, sculpturing, art restoration, art studio or writing.

         (c)   Telephone answering or telephone soliciting if no part of the business equipment is installed outside of the residence other than the telephone cables or wires.

         (d)   Home crafts, such as model making, rug weaving, and lapidary work.

         (e)   Tutoring, limited to one student at a time.

         (f)   Home cooking or preserving if conducted solely within the residence.

         (g)   Computer programming if no part of the business equipment is installed outside of the residence other than telephone cables or wires.

         (h)   Secretarial service, accounting service, typing service, word processing service if no part of the business equipment is installed outside of the residence other than telephone cables or wires.

         (i)   Babysitting and child daycare.

         (j)   Direct sale product distribution.

         (k)   Laundry, ironing service, housecleaning.

         (l)   Mail orders, not including retail sales from the site.

         (m)   Stock and bond broker, financial planner, and estate planner.

         (n)   Builder’s or contractor’s office so long as no part of the business is carried on outside of the residence.

         (o)   Short-term lodging that is booked through an online marketplace or homestay network.

      (2)   Any appeal of a denial of such application shall be to the Planning Commission. The Planning Commission shall hold a public hearing prior to issuing its recommendation to the City Council. After receiving the recommendation of the Planning Commission, the City Council shall determine by a majority vote whether to grant or deny the permit.

   (C)   Standards. All home occupations, whether authorized by permit or conditional use permit, shall conform to the following standards:

      (1)   Home occupations shall not be conducted in any dwelling on the premises other than the building that is used by the occupant as the private dwelling.

      (2)   No interior or exterior business sign shall be larger than two square feet in area. The sign shall be unlighted and installed only on the dwelling building itself.

      (3)   There shall be no exterior or outbuilding storage of business equipment, materials, merchandise or inventory. No equipment materials, merchandise or inventory may be stored in the yard of the residence.

      (4)   Any occupation that requires licensing, registration or permits, by state or federal statute or requirements, or by city ordinance or requirements must be at the time of the application, and at all times thereafter be appropriately licensed, registered, or have a permit and comply with requirements of all such license or permits.

      (5)   There shall be a specific area set aside for the home occupation that shall not exceed twenty-five percent of the total living area of such residence.

      (6)   Home occupations shall not utilize more than a total of two persons either as an employee, an independent contractor, a volunteer, or in any other capacity to render service in the performance of such occupation, and both of such persons shall reside in the residence wherein the home occupation is conducted.

      (7)   Off-street parking requirements of the Code of Ordinances of the City of Troy, Illinois, shall be complied with.

      (8)   Home occupations shall not be capable of creating either a nuisance or a fire hazard with respect to neighboring property, and shall not substantially increase the vehicular traffic.

      (9)   A home occupation conditional use permit may be issued subject to the conditions, the violation of which shall be grounds for revocation of such permit.

      (10)   Home occupations shall not initiate or receive deliveries of occupation related items, supplies, materials or inventory between the hours of 6:00 p.m. and 9:00 a.m.

   (D)   Inspections. Upon reasonable suspicion that the permittee is in non-compliance with the standards set forth in this chapter or that the permittee may be engaged in an occupation that may be harmful to the health, safety or welfare of the public, the Building and Zoning Department shall have the right at any time, upon reasonable request, to enter and inspect only the premises covered by the permit (e.g. only the business area) for safety and compliance purposes.

   (E)   Nontransferability of permits. Home occupation and home occupation conditional use permits are not transferable from person to person or from one building to any other building, except as set forth in this section in the case of death of the permittee.

   (F)   General provisions.

      (1)   Nonconforming uses. All nonconforming uses or home occupations that existed and continue to exist from the date of the original zoning ordinance may continue to exist unless revoked or terminated as provided in this section. All existing uses or home occupations that are operating based on a special use permit issued prior to the effective date of this chapter may continue to operate subject to the provisions of the original permit. Those previously issued special uses permits subject to periodic renewal by the Planning Commission, or the city may be reviewed and requirements of this section may be applied at time of review.

      (2)   Death of permit holder. Should a home occupation permit holder or home occupation conditional use permit holder die, the existing permit shall be automatically terminated, except that should a surviving spouse or child residing at the same address desire to continue the home occupation, written notice to that effect shall be given to the Zoning Administrator within thirty days of the permittee’s death, and the surviving spouse or child shall become the permittee and shall be subject to the requirements of this section.

      (3)   Revocation of conditional use permits. Home occupation conditional use permits, once granted, may be revoked by the City Council for cause after a hearing before the Planning Commission. Complaints seeking the revocation of such permit shall be filed with the Zoning Administrator and may be initiated by either the Planning Commission, or any three persons who reside at three different locations within one city block of where such occupation is conducted. All such revocation hearings shall be conducted in accordance with applicable publication and notice requirements as used for home occupation conditional use permit application hearings.

      (4)   Revocation of home occupation permits. The Zoning Administrator may revoke any home occupation permit for noncompliance with the criteria set forth is this section and appeal of such revocation shall be allowed as set forth in division (F)(3) of this section.

      (5)   Modification of requirements. Modifications of the above regulations may be approved by the City Council in individual cases of applications for home occupation conditional use permits if the modification is found by the City Council to be in the best interests of the city.

      (6)   Time limits in applying for permit. All home occupations being conducted in violation of this section shall, within 60 days after the adoption of the ordinance from which this section derives, apply for the necessary permit or conditional use permit as the case may be, and enforcement of this section shall be stayed for such 60 days and, if application is made, until granting or denial of such application.

      (7)   Penalty. Any person who violates, disobeys, omits, neglects, or refuses to comply with any of the provisions of this section, shall, upon conviction, be subject to penalty provisions as set forth in the Zoning Code. In addition, the City Council may revoke the home occupation conditional use permit or the home occupation permit.

   (G)   Applications.

      (1)   The initial fee for a home occupation permit shall be $50, and the annual renewal fee for such permit shall be $10 and shall be payable no later than January 31 of the year for which the permit is renewed.

      (2)   The initial fee for the home occupation conditional use permit shall be $300 and shall be paid with the application for such permit which shall be filed with the City Clerk. The first annual renewal fee for a home occupation conditional use permit shall be $200 and the second and each annual renewal fee thereafter for a home occupation conditional use permit shall be $100, and all such renewal fees shall be paid by January 31 of the year for which the permit is renewed.

      (3)   No reduction in annual permit fees shall be allowed for permits issued after January 1 of any year, nor will any refunds be made if permittee ceases the home occupation or when a permit is revoked or denied.

      (4)   All permits shall expire on December 31 of each year and may be renewed without additional hearings, subject to the requirements of this section. Applicants for renewal shall complete the renewal form prescribed by the City Clerk and pay the annual permit fee.

      (5)   The application for a home occupation conditional use permit shall be forwarded to the Planning Commission for public hearing. Legal notice of such hearings to be given shall be as required for petition, rezonings, variances and other conditional uses. At the conclusion of such hearing the Planning Commission shall make the recommendation to the City Council and the City Council shall be the sole authority to grant or deny such permit.

   (H)   Summary disposition.

      (1)   Notwithstanding other subsections of this section, an application for a home occupation conditional use permit or the appeal of the denial of a home occupation permit by the Zoning Administrator which on its face requests such permit for a home occupation to be conducted in a manner other than as permitted by the section may be summarily denied by the City Council without publication of notice or hearing, and written notice of such denial stating the specific reason therefore shall be given the applicant, such notice to be given by mailing it to applicant at the address shown on the application by prepaid certified return receipt requested United States mail within ten days of the date of such denial.

      (2)   An applicant who desires to appeal such summary denial may appeal to the City Council by filing a written request therefore with the City Clerk within 14 days of the date of receipt of the summary denial.

(Ord. passed - - ; Ord. 2017-02, passed 2-21-2017) Penalty, see § 154.999

   The lot on which any nursing home is situated shall have a minimum width and depth of 200 feet, and a minimum area of two acres.

(Ord. passed - - )

   After the effective date of this chapter no part of any junkyard, that includes any lot on which any three or more inoperable or unlicensed vehicles are stored, shall be operated within this city.

(Ord. passed - - )

   (A)   All sanitary landfills shall conform to the rules and regulations adopted by the Illinois Pollution Control Council pursuant to Section 5, 22, and 27 of the Environmental Protection Act (ILCS Ch. 415, Act 5, §§ 5, 22, and 27) and consistent with the policy and purposes expressed in Section 20 thereof (ILCS Ch. 415, Act 5, § 20). Such rules and regulations contained within “Solid Waste Rules and Regulations,” State of Illinois, Environmental Protection Agency.

   (B)   Sanitary landfills are allowed by special use only.

(Ord. passed - - )

   The lot on which any school is situated shall have the minimum area indicated below:

 

 

(Ord. passed - - )

   (A)   Pools shall not be located within six feet from any side or rear property line or within ten feet of any public right-of-way or in any front yard.

   (B)   Every swimming pool two feet or greater in depth, whether public or private, shall be enclosed by a wall or fence at least four feet in height.

   (C)   If the pool wall itself is used as the barrier, the wall, at all points around the pool, shall be a least four feet higher than the finished grade for a distance of at least four feet away from the pool wall.

   (D)   All access gates shall be self-closing and have a self-latching device located on the pool side of the gate.

   (E)   All wiring to operate pool equipment must be installed in conduit or cable designed for direct burial and buried a minimum of 18 inches below grade. The power source must also be GFI protected.

   (F)   Pools shall not be filled until all safety requirements and regulations of the latest adopted building code are met and approved by the city.

(Ord. passed - - )

         (a)   To direct the installation of aerials, antennas, telecommunication towers/facilities and small cell facilities within the city by providing specific regulations and standards for the placement and siting of personal wireless telecommunication facilities with the public right-of-way.

         (b)   To protect the public health, safety and welfare while preventing interference with the facilities and operations of the city’s utilities and of other utilities lawfully located in the public right-of-way or property.

         (c)   To protect residential areas and land uses from the potential adverse impact of aerials, antennas, and telecommunication towers, preserve the character of the neighborhoods in which the facilities are installed, and assure the continued safe use and enjoyment of private properties adjacent to personal wireless telecommunication facilities.

         (d)   To minimize adverse visual impact, prevent visual blight and avoid potential damage from tower failure in the neighborhoods in which facilities are installed through careful engineering, design, permitting, siting and screening.

         (e)   To accommodate the growing need for telecommunication facilities by facilitating the location of personal wireless telecommunication facilities in permitted locations within the public right-of-way in the city.

         (f)   To encourage and promote co-location of existing and new telecommunication facilities as a primary option rather than construction of single-use facilities.

         (a)   No aerial, antenna or telecommunication tower shall exceed 120 feet in total height.

         (b)   No antenna or similar equipment shall extend more than ten feet above any roof peak in any residential and/or commercial zoning district.

         (c)   No telecommunication tower/antenna shall be placed upon any building or rooftop unless the tower/antenna is an accessory use to the main use of the building.

         (d)   The distance from the base of an aerial, antenna or telecommunication tower to the nearest property line shall not be less than the height of the aerial, antenna or telecommunication tower measured from ground level to the top of the aerial, antenna or tower.

         (e)   Six-foot-high security fencing shall be installed around the base and guy anchors of all telecommunication facilities.

         (f)   Closely planted evergreen trees or shrubs at least 6 feet high shall be planted around the exterior of any security fencing and around the base and guy anchors of a telecommunication facility. Additional deciduous trees at least two inches in girth, plus evergreen trees at least six feet in height shall be planted around the perimeter of the property, near the property lines, upon which a telecommunication facility is located in order to provide additional screening of the tower from passersby.

         (g)   Any person, firm or corporation wishing to construct a telecommunication tower shall seek permission to co-located or co-use on an existing tower. No person, firm or corporation shall refuse colocation of other equipment.

         (h)   1.   Any person, firm, or corporation wishing to construct a telecommunication tower and/or facility, shall provide a bond to the city in the amount of $25,000 or 25% of the construction costs, whichever is less. The bond shall be kept in full force during the time the tower and/or communication facility is in operation.

            2.   The bond shall be conditioned upon full indemnity to the city should the facility become obsolete and the owner fails to remove the tower and/or facility within six months of becoming obsolete, or in the event the tower or facility falls into a state of disrepair.

      (1)   Every lot on which any such facility is situated shall meet the minimum area and dimension requirements of the district in which it is located. Every part of any such facility shall be located at least 30 feet from all lot lines, or shall meet the district setback requirements, whichever is greater;

      (2)   In any residential district, the structure housing any such facility shall be designed and constructed to be compatible with the residential character of the area; and

      (3)   Every such facility shall be screened by close-planted shrubbery at least ten feet in height and of sufficient density to block the view from adjacent property. Furthermore, if the Code Official determines that the facility poses a safety hazard (for example, if there are exposed transformers) he or she shall require that a secure fence at least eight feet in height be installed behind the planting screen.

(Ord. passed - - ; Ord. 2017-16, passed 7-17-2017)

   The following requirements are supplementary to other ordinances and regulations of the city and are further supplementary to the statutes, rules and regulations adopted by the State of Illinois, including but not limited to, the Mobile Home Park Act, ILCS Ch. 210, Act 115, § 1, the Abandoned Mobile Home Act, ILCS Ch. 210, Act 117, § 1, the Illinois Mobile Home Tiedown Act, ILCS Ch. 201, Act 120, § 2, and the Rules and Regulations adopted pursuant to those Acts.

   (A)   Manufactured (mobile) homes - individual.

      (1)   All manufactured (mobile) homes shall be located only in the M-H Zoning District. Only manufactured (mobile) homes that were in place on March 1, 1996 and that are replaced in accordance with division (A)(2) of this section below are permitted outside of the M-H Zoning District.

      (2)   Existing manufactured (mobile) homes located outside the Mobile Home (M-H) District may be replaced with another manufactured (mobile) home provided a special use permit has been granted and all the following requirements are met:

         (a)   It is replaced within 30 days of moving the original manufactured (mobile) home;

         (b)   It does not exceed either the setbacks of the original manufactured (mobile) home or the setbacks already established where there is existing development; and

         (c)   The existing manufactured (mobile) home has been used as the owner’s place of domicile immediately prior to its removal.

         (d)   The replacement manufactured (mobile) home must be used by the owner as their permanent place of domicile.

      (3)   All replacement manufactured (mobile) homes shall be no more than five years old and shall show proof of age by a title or other legal documentation.

         (a)   All manufactured (mobile) homes shall be placed on a manufactured (mobile) home stand consisting of a rock or concrete surface. The surface shall be an appropriate length and width as to allow for installation and removal of manufactured (mobile) homes.

         (b)   The manufactured (mobile) home stand shall also be furnished with adequate supporting piers spaced a maximum of eight feet apart. The underside of the manufactured (mobile) home must also be provided with four inches of rock and an approved vapor barrier.

         (c)   All manufactured (mobile) homes shall be connected to all available public utilities in accordance with all requirements for any residential structures in the city.

         (d)   Manufactured (mobile) homes shall be skirted not more than 30 days after a new manufactured (mobile) home is approved.

      (4)   Manufactured (mobile) homes located in the M-H Zoning District shall be utilized only as a dwelling unit for owner or renter occupancy.

   (B)   Manufactured (mobile) home parks and courts.

      (1)   After the effective date of this chapter, no person, firm or corporation shall establish, maintain, conduct, or operate a manufactured (mobile) home park within this city without first obtaining a license from the Illinois Department of Public Health. CONDUCT OR OPERATE A MANUFACTURED (MOBILE) HOME PARK shall include, but not necessarily be limited to supplying or maintaining common water, sewer or other utility supply or service, or the collection of rents directly or indirectly from five or more independent manufactured (mobile) homes.

         (a)   Such license shall expire each year and a new license shall be issued upon proper application and payment of the annual license fee provided the applicant is in substantial compliance with the Rules and Regulations of the Illinois Department of Public Health.

         (b)   In order to obtain a permit to construct a new manufactured (mobile) home park the applicant shall file with the Illinois Department of Public Health a written application and the necessary plan documents in compliance with the latest adopted edition of the Illinois Mobile Home Park Act and Code of the Illinois Department of Public Health.

         (c)   A manufactured (mobile) home park constructed prior to the effective date of the amendatory 1987 Illinois Mobile Home Park Act but not licensed by the Illinois Department of Public Health shall not require a construction permit. A written application for an original license shall be submitted to the Illinois Department of Public Health in compliance with the latest adopted edition of the Illinois Mobile Home Park Act and Code of the Illinois Department of Public Health.

         (d)   Every park shall be managed by a responsible individual whose name, address and telephone number shall be on file at all times with the Illinois Department of Public Health and whose duty it shall be to maintain the park, its facilities and equipment in a clean, orderly and sanitary condition, and shall be responsible, with the licensee, for any violation of the provisions of this section and the Illinois Mobile Home Park Act and Code.

      (2)   Manufactured (mobile) home parks and/or courts shall be permitted by a special use permit only and shall meet the following requirements:

         (a)   Shall be located on a tract of land not less than two acres;

         (b)   Shall contain at least two manufactured (mobile) homes;

         (c)   Minimum lot size and setback requirements. Individual manufactured (mobile) home spaces shall be considered as lots and shall meet the following requirements:

 

 

         (d)   Two off-street parking spaces shall be provided per manufactured (mobile) home.

         (e)   No access way may dead-end except as a cul-de-sac with appropriate turn-around space for emergency vehicles as per the standards required in the Troy Subdivision Ordinance.

         (f)   All manufactured (mobile) home parks shall be in full compliance with the latest adopted edition of the Illinois Mobile Home Park Act and Code of the Illinois Department of Public Health.

(Ord. passed - - )

   In any district where municipally owned or other publicly owned buildings are permitted, the following additional requirements shall be met:

   (A)   In any residential district all municipal or other publicly-owned buildings shall be located at least 25 feet from all property lines; and

   (B)   In any residential or commercial district, there shall be no permanent storage of heavy construction or maintenance equipment (such as excavating, road building, or hauling equipment), unless in an enclosed building or enclosed within a solid wall or fence at least eight feet in height. Such storage areas, maintenance yards, or storage warehouses shall be located at least 25 feet from any front or side property line.

(Ord. passed - - )

   (A)   The lot on which any kennel is situated shall have a minimum area of three acres.

   (B)   Every kennel shall be located at least 200 feet from the nearest dwelling, and at least 100 feet from any lot line.

(Ord. passed - - )

   (A)   Farm animals. No barn, stable, shed, or other structure intended to shelter farm animals (including, but not limited to, horses, cattle, hogs and chickens) shall be erected closer than 300 feet to any existing dwelling or closer than 200 feet to any lot line of residential property, whichever distance is greater. Similarly, fences shall be erected or other means shall be taken to prevent farm animals from approaching closer than 300 feet to any existing dwelling or closer than 200 feet to any lot line or residential property, whichever distance is greater.

   (B)   (1)   No agricultural equipment or commodities, including but not limited to, baled crops, fertilizers, pesticides, or herbicides should be stored outdoors and closer than 300 feet from any existing dwelling or 200 feet from any residential lot line, whichever distance is greater.

      (2)   Such equipment or commodities that are stored completely within and enclosed structure shall not be located closer than 100 feet from any residential lot line.

(Ord. passed - - )

   Any light used for the illumination of signs, swimming pools, or for any other purpose shall be arranged so as to confine the direct light rays away from neighboring residential properties and away from the vision of passing motorists.

(Ord. passed - - )

   (A)   Zoning districts abutting different districts. Where any commercial or industrial zoning district or use abuts any residential zoning district or use, or where any commercial zoning district or use abuts any industrial zoning district or use, a privacy screen of city approved materials, whether natural or man-made, must be provided by the property owner or developer that abuts the already existing development or zoning district. The following regulations must apply:

      (1)   The screen must be at least eight feet in height, provide ninety percent density year round and be maintained to original specifications by the property owner as long as the screen is a requirement;

      (2)   Natural materials may be six feet when planted but must be at least eight feet and provide 90% density within three years of occupancy;

      (3)   All materials must be approved by the Code Official prior to installation or the granting of an occupancy permit; and

      (4)   The following plants are suggested in order to assure compliance with the natural privacy screen requirements:

         (a)   Pinus Strobus (Eastern white pine)

         (b)   Pinus Sylvestris (Scotch pine)

         (c)   Pinus Nigra (Austrian pine)

         (d)   Picea Pungens (Colorado green spruce)

         (e)   Taxus X Media (Anglojap Yew, Cultivar: “Hatieldii”, “Hicksii”)

         (f)   Thuja Occidentalis (American Arborvitae, Cultivar: “Pyramidalis”).

   (B)   Outside storage in commercial and industrial districts. Outside storage in any commercial or industrial district must be screened from view from any private or public street, road or right-of-way. This does not include sales lots used for selling boats, motorcycles, recreational vehicles, cars or trucks or other similar display lots.

(Ord. passed - - )

   All adult entertainment establishments as defined in Chapter 5, Article III, inclusive, of the City Ordinance must meet the following requirements:

   (A)   Obtain a special use permit as described in § 154.141 of this chapter; and

   (B)   Initiate a community impact statement as described in the city ordinance referenced above.

(Ord. passed - - )

   (A)   All commercial and industrial uses may be required by the city to provide an adequate on-site trash disposal dumpster.

   (B)   All existing residential structures that contain more than three units may be required to provide on-site trash disposal dumpster. The dumpster shall contain a minimum of one-half cubic yard capacity for each apartment unit.

   (C)   All newly constructed residential structures that contain more than three units shall be required to provide on-site trash disposal dumpster. The dumpster shall contain a minimum of one-half cubic yard capacity for each apartment unit.

   (D)   On-site trash disposal dumpsters shall not be permitted in any R-1 or R-2 use as the primary means of trash disposal.

   (E)   All on-site trash disposal dumpsters shall be screened from view, at least one foot above the height of the dumpster.

(Ord. passed - - )

      (1)   The planned development (PD) overlay is an innovative land planning tool that should be utilized to improve property and establish unique and modern urban development where strict adherence to standard zoning criteria inhibits the creative process.

      (2)   A planned development overlay aims to promote progressive and flexible land development on problematic tracts of land where certain causative factors, such as extreme topography, irregular property boundaries, surrounding uses and zoning, and other similar aspects render the land difficult to develop under established guidelines. It should be utilized to create compatible land uses within urbanized areas and generate the appropriate criteria necessary to enable land development that is unlikely to occur given the standards established in other zoning districts.

      (3)   Care should be given to ensure that development under this section does not negatively impact the health, safety, and welfare of the general public. The discretionary oversight granted in this section shall allow the Planning Commission and the City Council to establish standards and impose conditions upon such requests to mitigate or eliminate potentially adverse effects upon the community or properties within the vicinity of the proposed use.

      (4)   Designation under this section shall not affect the underlying zoning of the property except as provided in the ordinance establishing the overlay.

      (1)   The name of the proposed development and a general description of the proposed PD overlay.

      (2)   Names, addresses and contact information of the owner(s) of record, and engineer, surveyor or designer responsible for the planning, engineering, surveying and design.

      (3)   The street address, legal description and acreage in the entire planned development.

      (4)   Copies of the proposed deed restrictions, protective covenants, and homeowners’ association articles of incorporation and bylaws.

      (5)   A list of names and addresses of the owners of record for all properties located within 250 feet of the subject property’s boundary. Property owner lists shall be obtained from the Madison County Maps and Plats GIS Division of the Chief County Assessment Office.

      (6)   The zoning classification and present use of the subject property.

      (7)   (a)   A statement or diagram/matrix detailing the area or areas of this chapter that will be varied from and the conditions present that require deviation from the established standards. This written justification for the establishment of the PD overlay must clearly and explicitly detail each item that will deviate from the established guidelines and should explain what special physical circumstances are present on the subject tract of land that inhibit its development. Economic justifications for establishing the PD overlay are not acceptable. This portion of the application is the foundation for the establishment of the PD overlay.

      (8)   A statement as to why the proposed PD overlay will not cause substantial injury to the value, use or enjoyment of other property in the neighborhood.

      (9)   A statement as to how the proposed PD overlay will be designed, arranged, and operated to ensure that development and use of neighboring property in accordance with the applicable district regulations will not be prevented or made unlikely. Care should be taken when proposing a PD overlay to ensure that uses within the overlay closely match those within the underlying zoning district and that conformance with the Comprehensive Plan and Future Land Use Plan Map is maintained.

      (10)   A statement or diagram/matrix detailing the particular measures that will be implemented to compensate for the requested deviations from the underlying zoning district.

      (1)   The proposed PD overlay will be consistent with the adopted policies in the Comprehensive Plan and Future Land Use Plan Map.

      (2)   The proposed PD overlay will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, and other matters affecting public health, safety, and general welfare.

      (3)   The proposed PD overlay will be constructed, arranged and operated so as not to dominate the immediate vicinity or to interfere with the development and use of neighboring property under the applicable district regulations. In determining whether the proposed PD overlay will so dominate the immediate neighborhood, consideration shall be given to:

         (a)   The location, nature, and height of buildings, structures, walls, and fences on the site, and

         (b)   The nature and extent of screening on the site.

      (4)   The proposed PD overlay at the specified location will contribute to or promote the welfare or convenience of the public.

      (5)   Adequate access roads or entrance and exit drives will be provided and designed to prevent traffic hazards and minimize traffic congestion in public streets and alleys.

      (6)   The proposed PD overlay will be served adequately by essential public facilities and community services such as highways, streets, parking spaces, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the PD overlay will provide adequately for such services.

      (7)   The proposed PD overlay will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

      (8)   The benefits of the proposed PD overlay outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historic or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historic features of significance, and outweigh the personal and economic costs of disruption to the lives, businesses, and property of individuals affected by the proposed use.

      (9)   All reasonable means for meeting the projected need or demand for the proposed building, structure, development, use, or activity which may be less costly or less intrusive to existing communities have been considered and rejected by the applicant for clearly disclosed reasons, and that all reasonable means for minimizing adverse impacts of the proposed use have been considered and incorporated into the proposal.

      (10)   The proposed PD overlay is consistent with prior plans, the Comprehensive Plan and projections of the applicant, if any, upon which the city has based planning or zoning decisions or, if the proposed use is consistent with prior plans or projections of the applicant, that the benefits to the community of the proposed use outweigh any such inconsistency.

(Ord. 2025-32, passed 6-16-2025)

   Any above ground storage tank, that is governed by the Gasoline Storage Act, shall comply with the terms of that Act, the regulations adopted pursuant to that Act, and all other applicable federal, state, or local laws, rules or ordinances and regulations. Such above ground storage tanks shall be prohibited in residential and mobile home zoning districts. A special use permit is required for all such tanks; it shall be the applicant’s burden of proof to demonstrate that alternative forms of storage are not practical or safe.

(Ord. passed - - )

   (A)   All exterior building materials shall be of high durability and quality, require low maintenance, and reflect and complement the construction techniques, materials, craftsmanship and appearance of nearby buildings or developments.

   (B)   Residential metal roofing materials such as 29-gauge concealed fastener Standing Seam or other metal roofing materials of like kind and quality are permitted.

   (C)   Residential metal siding materials such as 29-gauge Standing Seam or other residential metal siding materials of like kind and quality are permitted.

   (D)   Any exterior building materials for nonresidential uses shall be reviewed and approved by the Planning Commission prior to the issuance of any building permit.

(Ord. passed - - ; Ord. 2020-15, passed 6-15-2020)

   (A)   Minimum lot area width and depth. In any district where individual sewage systems are used in place of public sewage facilities, the minimum lot area width and depth shall be subject to approval of the City Council, but shall not be less than required for the district in which the use is to be located or less than one acre in area, whichever is greater; or have less frontage than 125 feet. When doubt exists with the City Council as to the adequacy of the soil structure of the lot to properly accommodate an individual sewage system, the City Council may require the property owner to obtain an opinion from a registered engineer as to the size of lot required for an individual sewage system to operate on the lot according to safe health standards. If the findings of the engineer indicate that larger lots are necessary, the City Council may require a lot size in excess of the minimum area defined previously in this division.

   (B)   Prohibited discharge. There shall be no discharge of raw or improperly treated sewage to the surface of the ground or to farm tiles, streams, rivers, ponds, lakes, or other collectors of water. Improperly treated sewage is sewage that does not meet the effluent requirements of the current Private Sewage Disposal Licensing Act and Code published by the Illinois Department of Public Health or sewage that comes directly from a septic tank or building sewer. A private sewage disposal system shall not be located in areas where surface water will accumulate.

   (C)   Applicable permits. In any district, applicable permits from the Illinois Department of Public Health and/or any other regulating agency must be submitted to the Code Official before any new construction building permits will be issued from the city.

(Ord. passed - - )

      ADULT-USE CANNABIS TRANSPORTING ORGANIZATION OR TRANSPORTER. An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

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

         (b)   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.

         (c)   Hours of operation and anticipated number of customers/employees.

         (d)   Anticipated parking demand and available private parking supply.

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

         (f)   Site design, including access points and internal site circulation.

         (g)   Proposed signage plan.

         (h)   Compliance with all requirements provided in division (C)(1) through (C)(6) of this section, respectively, and as applicable.

         (i)   Other criteria determined to be necessary to assess compliance with § 154.141 (Special Uses).

         (a)   Permitted only in C-2 or C-3 zoning classifications and with a special use permit in accordance with § 154.141 (Special Uses);

         (b)   Only one dispensing organization shall be allowed to operate in the City of Troy, Illinois;

         (c)   The dispensing organization may not conduct any sales or distribution of cannabis other than as authorized by the Act;

         (d)   The dispensing organization shall not allow any on-site consumption in accordance with the Act; and

         (e)   The dispensing organization shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the applicable special use 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 dispensing organization and the site on which it is located, consistent with the requirements of the Act.

(Ord. 2019-18, passed 10-21-2019)

      (1)   This section aims to protect public health, safety, sanitation, traffic control, hazardous waste control, pollution control, and other specified circumstances concerning short-term rentals.

      (2)   Short-term rentals are distinct from bed and breakfast establishments in that prepared meals are not provided and only one group of patrons in 24 hours shall be allowed in a short-term rental.

      (3)   Short-term rentals are distinct from hotel or motel establishments in that only one group of patrons in 24 hours shall be allowed in a short-term rental. Further, hotel or motel establishments are land uses allowed only in non-residential zoning districts.

      (1)   It shall be unlawful to rent, offer for rent, or advertise for rent a short-term rental without first obtaining a special use permit issued by the city for the specific location.

      (2)   All short-term rentals shall meet the following:

         (a)   No rental or advertisement for rental for a period of time shorter than 20 hours.

         (b)   No short-term rental may provide food or beverages to any guests except pre-packaged food and drink items.

         (c)   The special use permit application shall identify what living space within the principal structure is available for short-term rental. If more than one living area is offered for short-term rental, those living areas shall be specifically identified and numbered on the special use permit application. While a separate special use permit application is not required for each living area, the applicant shall not be allowed to exceed the maximum number of short-term rentals identified in the special use permit application.

         (d)   Any short-term rental shall be subject to the hotel and motel tax and associated requirements of § 36.023 (Hotel and Motel Use and Privilege Tax).

         (e)   Short-term rentals shall be inspected annually for compliance with § 151.179 (Inspection).

         (f)   Short-term rental owners/operators shall be required to register the rental dwelling with the city per the provisions of § 151.172 (Registration of Rental Housing Required).

         (g)   The special use permit application shall include owner and property identification information, including emergency contact and insurance information, to be provided to the Police Department.

         (h)   The maximum number of overnight occupants shall not exceed that allowed per the Building Code.

         (i)   Off-street parking locations shall be identified on the special use permit application.

         (j)   The applicant shall be responsible for confirming that the use of the property and structure as a short-term rental is allowed by any applicable covenants and restrictions. Approval of a special use permit by the city shall not circumvent these covenants and restrictions.

         (k)   Short-term rentals must be owner-controlled, meaning that a property owner may not rent the property to an individual (renter) and allow the renter to utilize the unit as a short-term rental. The owner may manage the property outright or contract an entity for professional management services so long as the contracted entity is only contracted for said services and is not leasing the property from the owner.

         (l)   If the property owner does not comply with all requirements stated above or the stipulations noted in the special use permit, the city reserves the right to revoke the special use permit.

      (1)   The proposed short-term rental has complied with all provisions of division (B) above (short-term rental requirements).

      (2)   The proposed short-term rental will not cause a negative cumulative effect when considered in conjunction with the effect of other short-term rentals in the immediate neighborhood.

      (3)   The proposed short-term rental will not have a substantial adverse impact on the use, enjoyment, or property values of adjoining properties.

      (4)   The proposed short-term rental will not harm the public health, welfare, or safety of the community.

      (5)   Other criteria determined to be necessary to comply with § 154.141 (Special Use Permits).

(Ord. 2024-63, passed 12-16-2024)

      (1)   To advance the goals of the Comprehensive Plan and zoning regulations of the city, the Planning Commission may recommend, and the City Council may approve, development bonuses that include a reduction in green space or parking requirements when certain practices that provide public benefit are incorporated into the development.

      (2)   This section establishes guidelines for relief from traditional zoning standards to compensate for certain improvements to promote the public good, as further described. These regulations apply in the C-5 zoning district and planned development overlays.

               A.   Modified typical sections of roads that trade pavement width for green features, including added landscaping and tree canopies in the right-of-way. Any modification to typical sections shall document the following considerations at a minimum:

                  (i)   Reduced pavement width is sufficient to accommodate full and future buildout traffic demands as well as emergency vehicles in all conditions. No parking or snow routes could be requested on streets with modified typical sections.

                  (ii)   Ornamental street signs and street light posts, landscaping, and like improvements that exceed the development standards would be privately maintained.

               B.   Planting a minimum of two canopy trees per lot within the residential subdivision will be considered for a density bonus of up to 5%. Tree species must be native to the region and have a two and one-half-inch caliper or greater. Tree planting shall be made a condition of individual lot occupancy to receive a density bonus.

               A.   Providing sidewalk widths above the minimum required width.

               B.   Providing bike trails that increase the circulation of bike traffic.

               C.   Providing sidewalks and paths beyond the road frontage that increase pedestrian traffic circulation.

               D.   Providing increased access to public transportation, including:

                  (i)   Adding a bus stop along an existing route.

                  (ii)   Adding a bus route to increase access to more areas.

                  (iii)   Providing amenities to create an accessible bus stop in varied weather conditions.

               E.   Providing pedestrian amenities, including:

                  (i)   Pedestrian-scaled lighting that lights the pedestrian path while considering the mature height of street trees and the tree canopy.

                  (ii)   Seating in the form of benches, seat walls, and railings.

                  (iii)   Signage and information kiosks directing people to major activity centers and amenities.

                  (iv)   Trash receptacles.

                  (v)   Bike and scooter parking.

                  (vi)   Public art on buildings in the streetscape.

                  (vii)   Shade with street trees, awnings, and canopies.

               A.   To promote the protection of woodlands, 125% of the land area may be counted toward meeting green space requirements if the woodlands are set aside and permanently protected as undeveloped space.

               B.   Two hundred percent of the land area dedicated to establishing a woodland canopy and a tree preservation easement set aside and permanently protected as undeveloped space may be counted toward green space requirements. A plan shall be established by an arborist for the development of the tree canopy and shall specify the planting of two hardwood trees for each tree anticipated in the woodland. The plan shall assess 200 square feet for each tree-designated woodland. For example, where 20,000 square feet are being preserved, the following formula would be used: 20,000 square feet divided by 200 square feet equals 100 trees. As the required tree planting ratio is 2:1, 200 trees would be planted.

               C.   To promote low-impact design and stormwater-related best management practices (BMPs), 125% of the land area used for rain gardens, bio-retention facilities, groundwater infiltration systems, and other approved structural stormwater BMPs may be counted toward meeting green space requirements when the areas are set aside as undeveloped space.

               D.   To promote recreation, 125% of the land area used for retention ponds may be counted toward meeting green space requirements when the areas are set aside as undeveloped space, and the retention pond serves as stormwater management with the addition of recreational amenities. Recreational amenities include walking paths, providing adequate depth to support aquatic life, stocking the pond with fish, adding docks or bridges, and similar items to promote recreation.

               E.   To promote the provision and protection of natural preserves, 125% of the land area of natural preserves and created wetlands may be counted toward meeting green space requirements if the natural preserves are set aside and permanently protected as undeveloped space.

               F.   One hundred fifty percent of the reserved land area placed into a conservation easement with a legally incorporated land conservation agency or donated for a city park may be counted toward green space requirements.

               A.   Swimming pools.

               B.   Sports courts, i.e., basketball, pickleball, tennis, and the like.

               C.   Playgrounds.

               D.   Clubhouse or community center.

               E.   Public gathering spaces, i.e., pavilions or gazebos.

            1.   Extensions of collector roads through the development.

            2.   Improvements to critical wastewater infrastructure, including the construction of a regional lift station or the extension of a collecting trunk line to serve multiple users.

            3.   Improvements to critical water infrastructure, including the extension and looping of transmission lines to provide increased flows and redundancy in the water system.

            4.   Regional detention ponds and stormwater improvements to serve multiple users.

               A.   Providing sidewalk widths above the minimum required width.

               B.   Providing bike trails that increase the circulation of bike traffic.

               C.   Providing sidewalks and paths beyond the road frontage that increase pedestrian traffic circulation.

               D.   Providing increased access to public transportation, including:

                  (i)   Adding a bus stop along an existing route.

                  (ii)   Adding a bus route to increase access to more areas.

                  (iii)   Providing amenities to create an accessible bus stop in varied weather conditions.

               E.   Providing pedestrian amenities, including:

                  (i)   Pedestrian-scaled lighting that lights the pedestrian path while considering the mature height of street trees and the tree canopy.

                  (ii)   Seating in the form of benches, seat walls, and railings.

                  (iii)   Signage and information kiosks directing people to major activity centers and amenities.

                  (iv)   Trash receptacles.

                  (v)   Bike and scooter parking.

                  (vi)   Public art on buildings in the streetscape.

                  (vii)   Shade with street trees, awnings, and canopies.

               F.   Providing pedestrian-specific amenities to a civic green, including open shelters that encourage public gatherings.

               G.   The following images portray desirable outcomes:

               A.   Modified typical sections of roads that trade pavement width for green features, including added landscaping and tree canopies in the right-of-way. Any modification to typical sections shall document the following considerations at a minimum:

                  (i)   Reduced pavement width is sufficient to accommodate full and future buildout traffic demands, as well as emergency vehicles in all conditions. No parking or snow routes could be requested on streets with modified typical sections.

                  (ii)   Ornamental street signs and street light posts, landscaping, and like improvements that exceed the development standards would be privately maintained.

               A.   To promote the protection of woodlands, 125% of the land area may be counted toward meeting green space requirements if the woodlands are set aside and permanently protected as undeveloped space.

               B.   Two hundred percent of the land area dedicated to establishing a woodland canopy and a tree preservation easement set aside and permanently protected as undeveloped space may be counted toward green space requirements. A plan shall be established by an arborist for the development of the tree canopy and shall specify the planting of two hardwood trees for each tree anticipated in the woodland. The plan shall assess 200 square feet for each tree-designated woodland. For example, where 20,000 square feet are being preserved, the following formula would be used: 20,000 square feet divided by 200 square feet equals 100 trees. As the required tree planting ratio is 2:1, 200 trees would be planted.

               C.   To promote low-impact design and stormwater-related best management practices (BMPs), 125% of the land area used for rain gardens, bio-retention facilities, groundwater infiltration systems, and other approved structural stormwater BMPs may be counted toward meeting green space requirements when the areas are set aside as undeveloped space.

               D.   To promote recreation, 125% of the land area used for retention ponds may be counted toward meeting green space requirements when the areas are set aside as undeveloped space, and the retention pond serves as stormwater management with the addition of recreational amenities. Recreational amenities include walking paths, providing adequate depth to support aquatic life, stocking the pond with fish, adding docks or bridges, and similar items to promote recreation.

               E.   To promote the provision and protection of natural preserves, 125% of the land area of natural preserves and created wetlands may be counted toward meeting green space requirements if the natural preserves are set aside and permanently protected as undeveloped space.

               F.    One hundred fifty percent of the landscape area may be counted toward the green space requirement if the development provides landscaping in addition to the minimum landscape requirements. Landscape areas over 10% of the requirement shall be provided for bonus consideration.

               G.   Two hundred percent of the land area included as a civic green may be counted toward the green space requirement.

               H.   One hundred fifty percent of the reserved land area placed into a conservation easement with a legally incorporated land conservation agency or donated for a city park may be counted toward green space requirements.

            3.   The following images portray desirable outcomes:

            1.   Extensions of collector roads through the development.

            2.   Improvements to critical wastewater infrastructure, including the construction of a regional lift station or the extension of a collecting trunkline to serve multiple users.

            3.   Improvement to critical water infrastructure, including the extension and looping of transmission lines to provide increased flows and redundancy in the water system.

            4.   Regional detention ponds and stormwater improvements to serve multiple users.

               A.   To promote the protection of woodlands, 125% of the land area may be counted toward meeting green space requirements if the woodlands are set aside and permanently protected as undeveloped space.

               B.   Two hundred percent of the land area dedicated to establishing a woodland canopy and a tree preservation easement set aside and permanently protected as undeveloped space may be counted toward green space requirements. A plan shall be established by an arborist for the development of the tree canopy and shall specify the planting of two hardwood trees for each tree anticipated in the woodland. The plan shall assess 200 square feet for each tree-designated woodland. For example, where 20,000 square feet are being preserved, the following formula would be used: 20,000 square feet divided by 200 square feet equals 100 trees. As the required tree planting ratio is 2:1, 200 trees would be planted.

               C.   To promote low-impact design and stormwater-related best management practices (BMPs), 125% of the land area used for rain gardens, bio-retention facilities, groundwater infiltration systems, and other approved structural stormwater BMPs may be counted toward meeting green space requirements when the areas are set aside as undeveloped space.

               D.   To promote recreation, 125% of the land area used for retention ponds may be counted toward meeting green space requirements when the areas are set aside as undeveloped space, and the retention pond serves as stormwater management with the addition of recreational amenities. Recreational amenities include walking paths, providing adequate depth to support aquatic life, stocking the pond with fish, adding docks or bridges, and similar items to promote recreation.

               E.   To promote the provision and protection of natural preserves, 125% of the land area of natural preserves and created wetlands may be counted toward meeting green space requirements if the natural preserves are set aside and permanently protected as undeveloped space.

               F.   One hundred fifty percent of the landscape area may be counted toward the green space requirement if the development provides landscaping in addition to the minimum landscape requirements. Landscape areas over 10% of the requirement shall be provided for bonus consideration.

               G.   Two hundred percent of the land area included as a civic green may be counted toward the green space requirement.

               H.   One hundred fifty percent of the reserved land area placed into a conservation easement with a legally incorporated land conservation agency or donated for a city park may be counted toward green space requirements.

            1.   Extensions of collector roads through the development.

            2.   Improvements to critical wastewater infrastructure, including the construction of a regional lift station or the extension of a collecting trunkline to serve multiple users.

            3.   Improvements to critical water infrastructure, including the extension and looping of transmission lines to provide increased flows and redundancy in the water system.

            4.   Regional detention ponds and stormwater improvements to serve multiple users.

 

 

 

 

               Developable lot area: 100 acres (total) - 8 acres (detention) - 6 acres (required green space in addition to detention) - 15 acres (ROW) = 71 acres

               Number of lots: 71 acres/8,250 sq. ft. = 374 lots

               Max number of lots: 374 * 125% = 467 lots

                  8 acres * 125% = 10 acres

                  Density Bonus lot count:

                  100 acres - 15 acres (ROW) - 8 acres (retention w/amenities) = 77 acres

                  Number of lots: 77 acres / 8,250 sq. ft. = 406 lots

                  3 acres * 200% = 6 acres (counted toward green space)

                  100 acres - 15 acres (ROW) - 8 acres (detention) - 3 acres (canopy) = 74 acres

                  Number of lots: 74 acres I 8,250 sq. ft. = 390 lots

               Providing pedestrian facility upgrades in green space. Maximum 10% bonus.

               71 acres of developable lot area as derived in section 3 above for the example subdivision

               Minimum lot size: 8,250 sq. ft. * 90% = 7,425 sq. ft.

               Number of lots: 71 acres / 7,425 sq. ft. = 416 lots

               a.   Create an eight-acre retention facility with a walking trail, a pedestrian bridge, a fishing dock, depth to support aquatic life, and stocked with fish. The eight-acre retention area counted as ten acres toward green space requirements, where it would count as four acres toward green space in straight zoning.

               b.   Provide two native canopy trees on each lot. As a condition of approval, each residential lot will have to have two native canopy trees planted before the issuance of an occupancy permit (5% density bonus).

               c.   The development provides recreational amenities including a playground, a basketball court, a pickleball court, and a swimming pool on one and one-half acres of common ground. All these amenities are provided in a central area near the subdivision entrance, but the subdivision is to be built in four phases. The amenity construction will be staged to build the basketball and pickleball courts in phase 1 of the subdivision. The playground will be constructed in phase 3. And the swimming pool will be constructed in phase 4 (5% density bonus).

                  Developable lot area: 100 acres (total) - 8 acres (detention) - 15 acres (ROW) - 1.5 acres (community amenities) = 75.5 acres

                  Minimum lot size: 8,250 sq. ft. * 90% = 7,425 sq. ft.

                  Number of lots: 75.5 acres / 7,425 sq. ft. = 443 lots

                  An increase of 69 lots from straight zoning assumptions.

 

 

               A.   Eight-acre retention pond with recreational amenities (retention area typically counts as 50% of the area for green space calculation).

                  8 acres * 125% = 10 acres (at 50%, 5 acres counted for detention)

               B.   Assume this development would require 3.64 acres of required landscaping, but 110% is provided.

                  3.64 acres * 110% = 4 acres (provided)

                  4 acres * 125% = 5 acres (counted toward green space)

               C.   Four-acre civic green.

                  4 acres * 200% = 8 acres (counted toward green space)

               D.   Five-acre area establishing a woodland canopy.

                  5 acres * 200% = 10 acres (counted toward green space)

                  In this example, bonuses allow for 11.36 more acres of development.

                  Providing 20.64 acres of physical green space counts as 32 acres of green space with bonuses.

(Ord. 2025-32, passed 6-16-2025)

      (2)   In determining compliance with § 154.141, the following components of the data center 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 property:

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

         (b)   Proposed structure in which the facility will be located.

         (c)   Anticipated parking demand and available private parking supply.

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

         (e)   Anticipated utility demand and confirmation by the provider that facilities are adequate.

         (f)   Noise study to demonstrate environmental impact on surrounding properties.

         (g)   Site design, including access points and internal site circulation.

         (h)   Proposed signage plan.

         (i)   Compliance with all requirements as provided in the design guidelines in division (B) below.

         (j)   Other criteria determined to be necessary to assess compliance with § 154.141.

      (1)   Data centers are permitted only in the I-2 General Industry zoning district and with a special use permit under § 154.141.

         (a)   Lot and dimensional standards shall be as required by the zoning district except as amended herein:

               A.   No fence may exceed 12 feet in height.

               B.   Screened fencing shall include solid masonry, pre-cast, or stone walls.

               C.   Security fencing shall be limited to decorative metal fencing; barbed or razor wire may not be used within setback areas.

               D.   Any alternative fence design that does not adhere to § 154.047 standards may be considered and approved by the Planning Commission as part of a building, site, and operational plan submittal.

               A.   Mechanical equipment such as meter boxes, utility conduits, roof and wall projections such as vent and exhaust pipes, and trash containers visible to the public shall be screened using parapet walls (when on rooftops), opaque fences or walls at least four feet in height located no further than ten feet away from the subject equipment. Solar energy systems are not included.

               B.   Cooling towers, generators, and similar major equipment shall be screened from public view using fences, walls, landscaping, or buildings themselves. The method of screening should be architecturally integrated with the principal building in terms of materials, colors, shape and proportions.

               A.   Service and loading areas must comply with §§ 154.088 and 154.089.

               B.   All service and loading areas visible to the public shall be screened using opaque fences or walls at least eight feet in height, located no further than ten feet away from the subject area.

            1.   Stationary noise levels shall not exceed 60dB (daytime)/55dB (nighttime) adjacent to residential land use nor 70dB (anytime) when adjacent to any non-residential land use.

            2.   If the stationary noise source emits noise containing a discrete tone, the permissible levels shall be 5dB lower than the applicable levels.

            3.   If the stationary noise source emits impulsive noise, the permissible levels shall be 5dB lower than the applicable levels.

            4.   If both a discrete tone and an impulsive noise are omitted, the permissible levels shall be 10dB lower than the applicable levels.

            5.   The Planning Commission may approve alternative noise mitigation measures if it is demonstrated that they are equivalent to or superior to the existing noise abatement measure stated in this section.

            6.   With an application for rezoning, a sound study of the proposed property shall be submitted showing existing ambient noise levels at property line prepared to industry standards.

            7.   At the start of data center operations, if noise levels exceed the allowable thresholds, the developer or property owner shall implement mitigation measures, including but not limited to acoustically treated enclosures for generators, cooling systems, and other operational equipment, and shall design all measures to reduce or redirect sound impacts on adjacent properties, such as directing sound upward or through other effective methods.

            8.   Within six months of the issuance of a certificate of occupancy for each building, the city may obtain or require the data center operator to provide a post-construction sound study confirming continued compliance with these standards.

            9.   Noise levels may be adjusted based on recommendations by the city staff based on pre-construction noise studies.

            1.   All parking and circulation shall comply with §§ 154.080 through 154.089.

            2.   Parking shall be designed to minimize conflicts between automobiles and pedestrians and create a clearly organized system of entrances, driveways, and parking lots and facilities, while still providing adequate and convenient parking spaces.

            3.   Parking lots and driveways shall be designed for sufficient movement to avoid conflict with vehicular traffic in the street.

            4.   “Gated parking” is discouraged, but if required, shall be designed to prevent traffic queuing onto a public street. All gated parking areas shall be located in the rear of the building.

            5.   Large parking areas shall have sidewalk connections to the building entry areas which are safe and attractive.

            6.   Adjacent properties should be adequately screened from parking structures and lots.

            7.   No parking shall be permitted on any public street or access road or at any place other than the paved parking spaces provided.

            1.   All lighting shall comply with § 154.081(G) and supplemented as follows:

      (1)   Completed special use permit application.

      (2)   Copy of recorded deed (s) showing ownership of the subject property.

      (3)   Electronic copy of the legal description that is editable.

      (4)   Plat of survey (to scale) from a professional land surveyor. Survey must include scale, north arrow and dimensions of the subject property.

      (5)   Affidavit of owner's consent (if applicable).

      (6)   Disclosure of beneficiaries (if applicable).

      (7)   The application fee shall be calculated in accordance with the city’s current commercial permit fee calculation schedule of :

   .0045 x the square footage x the cost of construction per square foot.

      (8)   The results and recommendations from the consultation with the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool.

      (9)   The results of the United States Fish and Wildlife Service’s Information for Planning and Consulting environmental review or a comparable tool.

      (10)   Evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts if any state-registered historic sites under the Illinois State Agency Historic Resources Preservation Act are present on-site or in the vicinity (if applicable).

      (11)   Proof of compliance with noise regulations of the Illinois Pollution Control Board (if applicable).

      (12)   Preliminary site plan identifying the following:

         (a)   Subject property including the property lines, setback lines, and right-of-way lines.

         (b)   Physical features, including but not limited to roads, floodplain(s) with baseline flood elevations (if applicable), wetland(s) (if applicable), existing and proposed building(s) (if applicable), solar panels and equipment (number, location, and spacing of solar panels/arrays), proposed locations of underground or overhead electric lines and utility poles, landscaping, and detention fencing.

         (c)   Identification of proposed construction and ongoing maintenance routes from the nearest arterial road as detailed on a map.

         (d)   Visual screening report that includes the following:

            1.   A map of homes within 500 feet of the facility.

            2.   Locations and type of existing vegetation that provides screening of views of the facility.

            3.   Topographic features that provide screening of the facility.

      (13)   Interconnection service agreement or evidence of filing required interconnection service applications with the electric utility.

      (14)   Operation and maintenance plan including measures for maintaining safe access to the installation, storm water controls, landscaping maintenance, as well as general procedures for operation and maintenance of the installation.

      (15)   Proof of liability insurance.

      (16)   Preliminary emergency services plan, including but not limited to the project summary, electrical schematic and means of shutting down energy systems throughout the life of the installation, and fire protection and response plan.

      (17)   Copies of all leases for the subject property (if applicable) (the parties to and amount(s) of rent in any such lease may be redacted).

      (18)   Executed copy of the owner/operator’s Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture.

      (19)   Road maintenance agreement.

         (a)   Shall be executed between the developer, the city, and any affected township or road district prior to construction.

         (b)   The agreement shall outline responsibilities for maintaining, repairing, and restoring all public roadways used for equipment delivery, construction traffic, and ongoing operations associated with the project.

         (c)   The agreement must include provisions for: pre-and post-construction road condition assessments, required repairs or upgrades to accommodate construction traffic, ongoing maintenance during the construction period, and financial security (such as a letter of credit) to guarantee roadway restoration and compliance with the terms of the agreement.

(Ord. 2025-46, passed 11-17-2025)

      (2)   In determining compliance with § 154.141, the following components of the commercial solar and wind system 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 property:

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

         (b)   Anticipated utility demand and confirmation by the provider that facilities are adequate.

         (c)   Noise study to demonstrate environmental impact on surrounding properties.

         (d)   Site design.

         (e)   Compliance with all requirements as provided in the design guidelines in division (B) below.

         (f)   Other criteria determined to be necessary to assess compliance with § 154.141.

         (g)   These regulations apply within the corporate limits of the city and within the one and one-half mile extra-territorial zoning jurisdiction.

      (1)   Commercial solar and wind systems are permitted in the designated parcels and with a special use permit under § 154.141.

         (a)   Lot and dimensional standards shall be as required by the zoning district except as amended herein:

            2.   Ground-mounted systems, excluding fences, must observe:

               A.   Fifty feet from any public right-of-way;

               B.   Fifty feet from all property boundaries;

               C.   One hundred and fifty feet from the outside wall of any dwelling or occupied residential building.

         (b)   Height and design standards shall be screened consistent with a plan approved by the City Council.

            1.   Systems may not exceed 20 feet in height at maximum tilt.

               A.   Topsoil shall not be removed unless expressly approved to accommodate a rock, paved or approved erosion-controlled surface under the solar or wind field. If the commercial solar and wind system is adjacent to a residential parcel, maintaining and mowing must be added to the conservation plan.

               B.   Perennial vegetative ground cover shall be maintained or established on all ground-mounted system areas.

               C.   Vegetation or crops shall be maintained in setbacks to prevent erosion and manage runoff.

               D.   Compliance with stormwater detention and drainage ordinances is required.

               E.   A landscaped berm (minimum three feet high covering 75% of frontage along public rights-of-way shall be installed with staggered coniferous plantings, with detailed design conceptually approved by Building and Zoning.

         (c)   Security barrier and screening standards shall be screened consistent with a plan approved by the City Council.

            1.   Ground-mounted systems must be enclosed by a six-foot minimum security fence or approved barrier.

            2.   Posted warning signs and a Knox Box are required at all gates.

         (g)   Provide the city with a letter of credit or other sufficient financial surety, in a form and amount acceptable to the city, to ensure the ultimate decommissioning of the solar and wind system upon (i) termination or discontinuance of its operation or (ii) the estimated end of life of the system’s various components (if not replaced).

      (1)   Agricultural Impact Mitigation Agreement (AIMA) then in effect, pertaining to inspection schedule, soils, plantings/vegetation, drainage, and maintenance, and shall further grant the city, in writing, a right of access to the site, at reasonable times and upon reasonable written notice, to conduct visual inspections and assess the condition of the native planting areas and soil erosion and sediment controls. The conservation plan shall further address:

         (a)   Maintenance of any creeks and waterways that cross or adjoin the subject property (creek cutting is strictly prohibited);

         (b)   Maintenance and mowing plan for any system adjacent to a residential parcel; and

         (c)   A commercial solar and wind system plan for the relocation or replacement (on the subject property or elsewhere in the city) of any trees that will be cleared from the subject property in connection with the commercial solar and wind system.

      (1)   Maintaining the system, the property on which the system is located (including all property leased in connection therewith, even if more extensive than the system itself);

      (2)   Maintaining all associated buildings, structures, and improvements in a safe, sound, and well-maintained condition according to the highest-applicable industry standards. This specifically includes, without limitation, painting, grounds keeping (both inside and outside the fence or security barrier);

      (3)   Maintaining structural repairs;

      (4)   Maintenance and grounds keeping shall include mowing, reseeding, and weed management practices; and

      (5)   A written maintenance plan must be submitted and approved.

      (1)   Completed special use permit application.

      (2)   Copy of recorded deed(s) showing ownership of the subject property.

      (3)   Electronic copy of the legal description that is editable.

      (4)   Plat of survey (to scale) from a professional land surveyor. Survey must include scale, north arrow and dimensions of the subject property.

      (5)   Affidavit of owner’s consent (if applicable).

      (6)   Disclosure of beneficiaries (if applicable).

      (7)   Application fee of $750 per megawatt.

      (8)   The results and recommendations from the consultation with the Illinois Department of Natural Resources obtained through the Ecological Compliance Assessment Tool (EcoCAT) or a comparable successor tool.

      (9)   FAA Notice of No Flight Hazard and/or application to the FAA for Notice of Criteria Tool.

      (10)   The results of the United States Fish and Wildlife Service’s Information for Planning and Consulting environmental review or a comparable tool.

      (11)   Evidence of consultation with the Illinois State Historic Preservation Office to assess potential impacts if any state-registered historic sites under the Illinois State Agency Historic Resources Preservation Act are present on-site or in the vicinity (if applicable).

      (12)   Proof of compliance with noise regulations of the Illinois Pollution Control Board (if applicable).

      (13)   Preliminary site plan identifying the following:

         (a)   Subject property including the property lines, setback lines, and right-of-way lines.

         (b)   Physical features, including but not limited to roads, floodplain(s) with baseline flood elevations (if applicable), wetland(s) (if applicable), existing and proposed building(s) (if applicable), solar panels and equipment (number, location, and spacing of solar panels/arrays), proposed locations of underground or overhead electric lines and utility poles, landscaping, and detention fencing.

         (c)   Identification of proposed construction and ongoing maintenance routes from the nearest arterial road as detailed on a map.

         (d)   Visual screening report that includes the following:

            1.   A map of homes within 500 feet of the facility.

            2.   Locations and type of existing vegetation that provides screening of views of the facility.

            3.   Topographic features that provide screening of the facility.

      (14)   Interconnection service agreement or evidence of filing required interconnection service applications with the electric utility.

      (15)   A road maintenance agreement shall be executed between the developer and any affected township or road district prior to construction. The agreement shall outline responsibilities for maintaining, repairing, and restoring all public roadways used for equipment delivery, construction traffic, and ongoing operations associated with the project. The agreement must include provisions for: pre- and post-construction road condition assessments, required repairs or upgrades to accommodate construction traffic, ongoing maintenance during the construction period, and financial security to guarantee roadway restoration and compliance with the terms of the agreement.

      (16)   Operation and maintenance plan for the commercial solar and wind system, including measures for maintaining safe access to the installation, storm water controls, landscaping maintenance, as well as general procedures for operation and maintenance of the installation.

      (17)   Proof of liability insurance.

      (18)   Preliminary emergency services plan, including but not limited to the project summary, electrical schematic and means of shutting down energy systems throughout the life of the installation, and fire protection and response plan.

      (19)   Copies of all leases for the subject property (if applicable) (the parties to and amount(s) of rent in any such lease may be redacted).

      (20)   Executed copy of the owner/operator’s Agricultural Impact Mitigation Agreement (AIMA) with the Illinois Department of Agriculture.

      (21)   Demonstrate compliance with applicable federal and state safety standards, including but not limited to those administered by OSHA, NFPA, UL, and the Illinois Commerce Commission.

(Ord. 2025-47, passed 11-17-2025)