(A)

Purpose and intent. This district is designed to encourage the use of land for agricultural purposes. This district has a minimum contiguous acreage requirement of 10 acres. Land zoned under the Agriculture District may be used as agriculture as defined herein. The specific intent is to maintain lands best suited to agricultural uses by allowing other economically productive uses which do not irreversibly alter the capacity of the land to support agriculture. This is intended to discourage premature conversion to residential or other nonagricultural uses. Premature conversion creates incompatibility and conflict, places an unbalanced tax load on agricultural lands to help pay for urban services and contributes to the premature termination of agricultural pursuits on other nearby lands.

(B)

Permitted land uses and developments.

(1)

Apiary;

(2)

Arboretum or botanical garden;

(3)

Bed and breakfast establishment or guest house offering not more than five rooms to accommodate transient guests;

(4)

Camps (day or youth) and religious retreats;

(5)

Country club;

(6)

Conservation club;

(7)

Golf course;

(8)

Home occupations;

(9)

Rod and gun club, skeet, ski club, polo club on not less than 160 acres;

(10)

Single-family dwelling, only if ancillary and lot size is not less than 10 acres.

(C)

Conditional uses.

(1)

Aqua-culture including commercial fishing lake and hatchery;

(2)

Cultivation of field and garden crops (truck farm) including produce stand, if at least 25% of merchandise offered at the stand is grown or produced on-site;

(3)

Day care centers;

(4)

Flower farm including produce stand, if at least 25% of merchandise offered at the stand is grown on-site and provided that adequate parking is available as determined by the city council;

(5)

Grass or sod farm including produce stand, if at least 25% of merchandise offered at the stand is grown or produced on-site;

(6)

Kennel, if animal kennels and runs are not closer than 300 feet from the property line;

(7)

Nursery, if greenhouse buildings occupy no more than one percent of lot space, and including produce stand, if at least 25% of merchandise offered at the stand is grown or produced on-site;

(8)

Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:

(a)

Electrical substations and booster stations,

(b)

Filtration plan, pumping station, well and water reservoir,

(c)

Police and fire station,

(d)

Sewage treatment plant,

(e)

Telephone exchange and microwave relay tower,

(f)

Other government and utility uses;

(9)

Stables, commercial or private, if barns are at least 300 feet from property line.

(D)

Bulk and density requirements.

(1)

Minimum lot area. The minimum lot area shall be 10 acres unless otherwise noted.

(2)

Minimum lot width. A minimum lot width of 300 feet shall be provided for each lot used for a permitted or conditional use.

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 50 feet of any front lot line or a street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 25 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 40 feet of any rear lot line.

(4)

Building height limitation. No residential building shall be erected in excess of two and one-half stories or 30 feet in height. No nonresidential or accessory buildings shall be erected in excess of 35 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00; Am. Ord. 1614, passed 2-17-04)

(A)

Purpose and intent. The intent is to provide for an environment of very low density single unit dwellings plus certain other facilities which serve the residents living in the district.

(B)

Permitted land uses and developments.

(1)

Single-family detached dwellings;

(2)

Agriculture on a tract of land 10 acres or more in area;

(3)

Public parks, playgrounds, forest preserves and public recreational areas.

(C)

Conditional uses.

(1)

Churches, temples, synagogues or other places or religious worship on a lot of not less than two acres;

(2)

Cemeteries on a lot of not less than 10 acres in area and provided no building shall be located less than 300 feet from a lot line;

(3)

Colleges, universities and accessory uses thereto, provided on a lot of not less than 40 acres in size;

(4)

Golf courses, public or private parks, but not including "Par 3" courses, commercially operated driving ranges, or miniature golf courses; and provided no clubhouse or accessory building shall be located less than 200 feet from a property line;

(5)

Hospitals;

(6)

Planned unit developments;

(7)

Public libraries;

(8)

Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:

(a)

Electrical substations and booster stations,

(b)

Filtration plan, pumping station, well and water reservoir,

(c)

Police and fire station,

(d)

Sewage treatment plant,

(e)

Telephone exchange and microwave relay tower,

(f)

Other government and utility uses;

(9)

Schools, public or private, elementary, junior high, or high school;

(10)

Nursing care facilities including nursing homes and nursing assistance facilities.

(11)

Stabling or keeping of horses for personal use only on a lot of not less than five (5) acres in area and provided that the number of horses kept shall not exceed one horse per each acre of property and that enclosed structures for the keeping of horses shall not be closer than fifty (50) feet to any adjoining property line.

(D)

Bulk and density requirements.

(1)

Minimum lot size. The minimum lot size for permitted and conditional land uses in the E-R Estate Residential District shall be as follows:

(2)

Minimum Lot Width. The minimum lot width for permitted and conditional land uses in the E-R Estate Residential District shall be as follows:

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 40 feet of any front lot line or a street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 15 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.

(4)

Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00; Am. Ord. 1336, passed 9-5-00; Am. Ord. 06-06-06-01, passed 6-6-06)

(A)

Purpose and intent. The intent is to provide for an environment of predominantly low density single unit dwellings plus certain other facilities which serve the residents living in the district.

(B)

Permitted land uses and developments.

(1)

Single-family detached dwellings;

(2)

Public parks, playgrounds, forest preserves and public recreational areas.

(C)

Conditional uses.

(1)

Conditional uses permitted in the E-R estate residential district.

(D)

Bulk and density requirements.

(1)

Minimum lot size. The minimum lot size for permitted and conditional land uses in the G-R General Residential District shall be as follows:

(2)

Minimum lot width. The minimum lot width for permitted and conditional land uses in the G-R General Residential District shall be as follows:

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 30 feet of any front lot line or a street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 10 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.

(4)

Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. The intent is to provide for an environment of predominantly low density single unit dwellings plus certain other facilities which serve the residents living in the district.

(B)

Permitted land uses and developments.

(1)

Single-family detached dwellings;

(2)

Public parks, playgrounds, forest preserves and public recreational areas.

(C)

Conditional uses.

(1)

Conditional uses permitted in the E-R Estate Residential District.

(D)

Bulk and density requirements.

(1)

Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-1 Single-Family Residential District shall be as follows:

(2)

Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-1 Single-Family Residential District shall be as follows:

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 30 feet of any front lot line or a street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 10 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.

(4)

Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. The intent is to provide for an environment of low to medium-density single unit dwellings plus certain other facilities which serve the residents living in the district. There shall be no application for any map amendment to the R-2 Residential District nor shall any property annexed to the city be classified as R-2 Residential zoning after the effective date of the ordinance codified in this chapter.

(B)

Permitted land uses and developments.

(1)

Single-family detached dwellings;

(2)

Public parks, playgrounds, forest preserves and public recreational areas.

(C)

Conditional uses.

(1)

Conditional use permitted in the E-R Single-Family Residential District.

(D)

Bulk and density requirements.

(1)

Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-2 Single-Family Residential District shall be as follows:

(2)

Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-2 Single-Family Residential District shall be as follows:

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 20 feet of any front lot line or a street right-of-way line.

(b)

Side yard. No principal building shall be allowed within six feet on the least side with the sum of the two sides not less than 15 feet.

(c)

Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.

(4)

Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. This district recognizes the existence of older residential areas of the city where larger houses have been or can be converted from single-family to two-family residences in order to extend the economic life of these structures and allow the owners to justify the expenditures for repair and modernization. This district also allows the construction of new two-family residences where slightly greater densities are permitted.

(B)

Permitted land uses and developments.

(1)

Those uses permitted in R-2 Single-Family Residential Districts;

(2)

Two-family (duplex) dwellings.

(C)

Conditional uses.

(1)

Conditional use permitted in the E-R Single-Family Residential District.

(D)

Bulk and density requirements.

(1)

Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-3 Single and Two-Family Residential District shall be as follows:

(2)

Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-3 Single-Family Residential District shall be as follows:

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 25 feet of any front lot line or a street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 10 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.

(4)

Building height limitation. No building shall exceed two and one-half stories or 30 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. This district provides for medium density residential areas of the city that allows for single-family attached (townhome) dwelling units. All structures and uses are to be planned so as to create a cohesive and unified planned development.

(B)

Permitted land uses and developments. The following uses are permitted independently or collectively in the R-4 District provided that they are planned so as to create a cohesive and unified development. All R-4 residential developments must be planned unit developments planned and approved in conformance with the requirements of Section 150.70 et seq. (planned unit developments) of this chapter:

(1)

Single-Family attached dwellings (townhomes);

(2)

Single-family detached dwellings;

(3)

Two-family dwellings.

The following uses are permitted independently or collectively in the R-4 District as part of a planned unit development or may, if they are the sole use of the property, be permitted without need of a planned unit development:

(1)

Public parks, playgrounds, forest preserves and public recreational areas.

(C)

Conditional uses.

(1)

Conditional use permitted in the E-R Single-Family Residential District.

(D)

Bulk and density requirements.

(1)

Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-4 Single-Family Residential District shall be as follows:

(2)

Minimum gross lot area per dwelling unit.

(3)

Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-4 Single-Family Attached Residential District shall be as follows:

(4)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 25 feet of any front lot line or a street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 10 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 25 feet of any side lot line.

(5)

Building height limitation. No building shall exceed three stories or 35 feet in height.

(E)

Special provisions. All developments in the R-4 District must be planned unit developments in accordance with Section 150.70 et seq. (Planned Unit Developments) of this chapter.

(F)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. This district provides for medium and high density residential areas of the city that may serve to separate areas of more intense use from areas of lower intensity of uses. All structures and uses are to be planned so as to create a cohesive and unified planned development.

(B)

Permitted land uses and developments. The following uses are permitted independently or collectively in the R-5 District provided that they are planned so as to create a cohesive and unified development. All R-5 residential developments must be planned unit developments planned and approved in conformance with the requirements of Section 150.70 et seq. (Planned Unit Development) of this chapter.

(1)

Multiple-family dwelling units;

(2)

Single-family attached dwellings;

(3)

Single-family detached dwellings;

(4)

Two-family dwellings.

The following uses are permitted independently or collectively in the R-5 District as part of a planned unit development or may, if they are the sole use of the property, be permitted without need of a planned unit development:

(1)

Public parks, playgrounds, forest preserves and public recreational areas.

(C)

Conditional uses.

(1)

Conditional use permitted in the E-R Single-Family Residential District;

(2)

Mobile home parks in accordance with Chapter 161, "City of Wilmington Mobile Home Park Ordinance."

(D)

Bulk and density requirements.

(1)

Minimum lot size. The minimum lot size for permitted and conditional land uses in the R-5 Multiple-Family Residential District shall be as follows:

(2)

Minimum gross lot area per dwelling unit.

(3)

Minimum lot width. The minimum lot width for permitted and conditional land uses in the R-5 Multiple-family Residential District shall be as follows:

(4)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 25 feet of any front lot line or a street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 10 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.

(5)

Building height limitation. No building shall exceed three stories or 35 feet in height.

(E)

Special provisions. All developments in the R-5 District must be planned unit developments in accordance with Section 150.70 et seq. (Planned Unit Development) of this chapter.

(F)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. The R-B Restricted Business District encompasses areas located within or near residential neighborhoods wherein may be located certain limited, inoffensive businesses, professional offices and residences.

(B)

Permitted land uses and developments.

(1)

Any use permitted in the R-4 District, provided the R-4 bulk and density requirements are met as well as all other conditions of the R-4 District;

(2)

Accessory uses;

(3)

Animal hospitals and veterinary clinics completely within an enclosed building;

(4)

Beauty and barber shops;

(5)

Clubs and fraternal lodges, but not including those whose chief activity is rendering services customarily carried on as a business;

(6)

Offices-business or professional, including but not limited to medical, optical, dental, chiropractic, architects, engineers, and attorneys;

(7)

Offices in which the personnel are employed for work in executive, administrative, legal, clerical, stenographic, accounting, insurance or similar enterprises;

(8)

Tourist homes, bed and breakfast establishments offering no more than five rooms to transient guests.

(C)

Conditional land uses and developments.

(1)

Antique stores;

(2)

Art galleries and art studios;

(3)

Convalescent and nursing homes;

(4)

Gift shop;

(5)

Hobby shops;

(6)

Hospitals;

(7)

Jewelry shops, retail;

(8)

Picture framing shops;

(9)

Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:

(a)

Electrical substations and booster stations,

(b)

Filtration plan, pumping station, well and water reservoir,

(c)

Sewage treatment plant,

(d)

Telephone exchange and microwave relay tower,

(e)

Other government and utility uses,

(10)

Secondhand stores;

(11)

Souvenir, curio shops;

(12)

Watch, clock shops—sales and repair.

(D)

Bulk and density requirements.

(1)

Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2)

Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or conditional use.

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 25 feet of any lot line or street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 15 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 25 feet of any rear lot line.

(d)

Exception. Medical clinics, hospitals, convalescent homes and nursing homes shall not be allowed within 20 feet of any side lot line.

(5)

Maximum site coverage. Site coverage shall not exceed 40%.

(6)

Building height limitation. No building shall exceed three stories or 45 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. The B-1 Neighborhood Commercial District encompasses areas located within or near residential neighborhoods wherein may be located certain limited sales and service facilities that constitute a convenience or essential service to residents in the immediate area.

(B)

Permitted land uses and developments.

(1)

Accessory uses;

(2)

Churches;

(3)

Civic/public buildings;

(4)

Community residences;

(5)

Dry cleaning establishments;

(6)

Laundromats;

(7)

Financial institutions, excluding drive-through facilities;

(8)

Offices—business or professional, including but not limited to medical, optical, dental and chiropractic;

(9)

Parks and playgrounds;

(10)

Service facilities including barber and beauty shops; artists' studios; drug stores; photographers; locksmith; shoe repair; tailors; suntan parlors; travel agents and other similar type uses;

(11)

Specialty shops including but not limited to antique shops; art and school supplies; bookstores; camera shops; card shops; candy shops; florists; news stands; gift shops; jewelry stores; record shops; tobacco shops; hobby shops and other similar type uses;

(12)

Video sales and rental stores.

(C)

Conditional land uses and developments.

(1)

Bars, taverns and package liquor stores;

(2)

Financial institutions, with drive-through facilities;

(3)

Food stores, grocery stores, meat markets, bakeries and delicatessens;

(4)

Planned unit developments;

(5)

Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:

(a)

Electrical substations and booster stations,

(b)

Filtration plan, pumping station, well and water reservoir,

(c)

Sewage treatment plant,

(d)

Telephone exchange and microwave relay tower,

(e)

Other government and utility uses;

(6)

Restaurants, excluding drive-through facilities.

(D)

Bulk and density requirements.

(1)

Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2)

Minimum lot width. A minimum lot width of one hundred feet shall be provided for each lot used for a permitted or conditional use.

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 25 feet of any lot line or street right-of-way line.

(b)

Side yard. None required except per subsection (D)(3)(e) of this section.

(c)

Rear yard. None required except per subsection (D)(3)(e) of this section.

(d)

Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(e)

Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 20 feet of the residential lot line.

(4)

Maximum site coverage. Site coverage shall not exceed 70%.

(5)

Building height limitation. No building shall exceed three stories or 45 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. The B-2 Light Commercial District encompasses areas located adjacent to arterial and major collector streets. The district is designed to accommodate retail and service needs of a wider population than the B-1 Neighborhood Commercial District.

(B)

Permitted land uses and developments.

(1)

Any use permitted in the B-1 Neighborhood Commercial District;

(2)

Accessory uses;

(3)

Bicycle sales, rental and repair stores;

(4)

Catering establishments, including pizza delivery;

(5)

Clothing and shoe stores, costume rental and sales;

(6)

Clubs, lodges and meeting halls;

(7)

Department, discount, general retail and variety stores;

(8)

Electric appliance stores including radio and television sales and repair;

(9)

Food stores, grocery stores, meat markets, bakeries and delicatessens;

(10)

Funeral homes, mortuaries, cemeteries and mausoleums;

(11)

Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use;

(12)

Hardware stores;

(13)

Household appliance stores, sales, service and rental;

(14)

Interior decorating shops, including upholstering and making of draperies, slipcovers, and other similar articles, when conducted as a part of the retail operations and secondary to the principal use;

(15)

Museums and art galleries;

(16)

Musical instrument sales and repair;

(17)

Office supply stores;

(18)

Pet stores and animal grooming shops;

(19)

Radio and television stations and recording studios;

(20)

Recreational centers, health and fitness centers, and athletic clubs;

(21)

Restaurants, excluding drive-through facilities;

(22)

Schools for business, professional or technical training, music or dance;

(23)

Sporting goods stores;

(24)

Theaters, indoor;

(25)

Toy stores.

(C)

Conditional land uses and developments.

(1)

All permitted and conditional uses which include drive-through facilities;

(2)

Amusement establishments including, but not limited to, bowling alleys, pool halls, dance halls, skating rinks, video arcades and banquet facilities;

(3)

Animal hospitals;

(4)

Automobile service stations, repair facilities and car washes when used in conjunction with the automobile service station;

(5)

Bars, taverns and package liquor stores;

(6)

Car washes;

(7)

Hotels and motels;

(8)

Planned unit developments;

(9)

Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:

(a)

Electrical substations and booster stations,

(b)

Filtration plan, pumping station, well and water reservoir,

(c)

Sewage treatment plant,

(d)

Telephone exchange and microwave relay tower,

(e)

Other government and utility uses.

(10)

Motor vehicle sales.

(D)

Bulk and density requirements.

(1)

Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2)

Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or conditional use.

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 40 feet of any lot line or street right-of-way line.

(b)

Side yard. None required except per subsection (D)(3)(e) of this section.

(c)

Rear yard. None required except per subsection (D)(3)(e) of this section.

(d)

Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(e)

Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 30 feet of the residential lot line.

(4)

Maximum site coverage. Site coverage shall not exceed 70%.

(5)

Building height limitations. No building shall exceed three stories or 45 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00; Am. Ord. 1655, 1-18-05)

(A)

Purpose and intent. The B-2A Central Business District is intended to accommodate those retail, office and to a degree, residential uses that are characteristic of "downtown" Wilmington.

(B)

Permitted land uses and developments.

(1)

Any use permitted in the B-2 Light Commercial District;

(2)

Accessory uses;

(3)

Amusement establishments including, but not limited to, bowling alleys, pool halls, dance halls, skating rinks, video arcades and banquet facilities;

(4)

Bars, taverns and package liquor stores;

(5)

Dwelling units when located above the ground floor;

(6)

Hospitals;

(7)

Hotels and motels;

(8)

Newspaper offices;

(9)

Parking lots and parking structures as a principal use;

(10)

Pawnshops;

(11)

Printing and publishing establishments;

(12)

Union halls, hiring halls and trade association offices/meeting rooms.

(C)

Conditional land uses and developments.

(1)

All permitted and conditional uses which include drive-through facilities;

(2)

Automobile, truck and recreational vehicle sales and rental with repair and service facilities allowed only as accessory to the permitted use;

(3)

Bus and train stations;

(4)

Planned unit developments;

(5)

Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:

(a)

Electrical substations and booster stations,

(b)

Filtration plan, pumping station, well and water reservoir,

(c)

Sewage treatment plant,

(d)

Telephone exchange and microwave relay tower,

(e)

Other government and utility uses;

(6)

Warehouse and storage facilities.

(D)

Bulk and density requirements.

(1)

Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2)

Minimum lot width. No minimum lot width is required.

(3)

Building setback requirements.

(a)

Front yard. None required.

(b)

Side yard. None required except per subsection (D)(3)(e) of this section.

(c)

Rear yard. None required except per subsection (D)(3)(e) of this section.

(d)

Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(e)

Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 20 feet of the residential lot line.

(4)

Maximum site coverage. There is no limitation on site coverage in the B-2A Central Business District.

(5)

Building height limitations. No building shall exceed three stories or 45 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00)

(A)

Purpose and intent. The B-3 General Commercial District is intended to accommodate retail and wholesale commercial activities which are adjacent to arterial streets and serves the population of the city and its surrounding areas.

(B)

Permitted land uses and developments.

(1)

Any use permitted in the B-2 Light Commercial District;

(2)

Accessory uses;

(3)

Amusement establishments including, but not limited to, bowling alleys, pool halls, dance halls, skating rinks, video arcades and banquet facilities;

(4)

Animal hospitals;

(5)

Automobile service stations, repair facilities and car washes when used in conjunction with the automobile service station;

(6)

Automobile, truck and recreational vehicle sales and rental;

(7)

Bars, taverns and package liquor stores;

(8)

Boat showrooms, sales and repairs;

(9)

Electrical showrooms and shops;

(10)

Farm implement, feed and seed stores;

(11)

Garages for storage, repair and servicing of motor vehicles, including body repair, painting and engine rebuilding;

(12)

Greenhouses, nurseries, garden supply, tool and seed stores;

(13)

Hospitals;

(14)

Hotels and motels;

(15)

Motor vehicle sales;

(16)

Newspaper offices;

(17)

Parking lots and parking structures as a principal use;

(18)

Pawnshops;

(19)

Plumbing and heating service and equipment stores;

(20)

Printing and publishing establishments;

(21)

Taxidermists;

(22)

Tire stores, sales and service;

(23)

Union halls, hiring halls and trade association offices/meeting rooms.

(C)

Conditional land uses and developments.

(1)

B-2 permitted and conditional uses which include drive-through facilities;

(2)

Amusement parks, including but not limited to permanent carnivals, kiddie parks and other similar outdoor amusements;

(3)

Building contractor's office and material storage;

(4)

Building material and products, sales, storage and accessory manufacturing of building components;

(5)

Bus and train stations;

(6)

Cartage and express facilities;

(7)

Car washes;

(8)

Financial institutions, with drive-through facilities;

(9)

Kennels;

(10)

Outdoor storage in accordance with Section 150.85 of this chapter;

(11)

Planned unit developments;

(12)

Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:

(a)

Electrical substations and booster stations,

(b)

Filtration plan, pumping station, well and water reservoir,

(c)

Sewage treatment plant,

(d)

Telephone exchange and microwave relay tower,

(e)

Other government and utility uses;

(13)

Restaurants which include drive-through facilities;

(14)

Self-storage warehouse establishments;

(15)

Stadiums and arenas, convention, civic and exhibition centers;

(16)

Theaters, outdoor and drive-in;

(17)

Warehouse and storage facilities;

(18)

Farming;

(19)

Campgrounds with on-site potable water and toilet facilities;

(20)

Accessory wind devices used primarily for generation of electricity for on-site use with a rated capacity of not more than 100 kilowatts (kW), such as a wind turbine, wind charger, or windmill ("wind device"). A wind device may be mounted on the roof or side of a structure provided it does not exceed 15 feet in height above the highest point of the structure, or ground-mounted on a pole or tower not exceeding 70 feet in height. Only one wind device is permitted on a zoning lot. A ground-mounted wind device must be located on a zoning lot of at least five acres, and be set back at least 125 percent of its height from all zoning lot lines. The noise level of a wind device shall not exceed 60 A-weighted decibels (dBA) as measured at the nearest zoning lot line, except during short-term events such as utility outages and severe windstorms;

(21)

Mobile home parks on no more than 80 acres of land that is adjacent to land used for campgrounds, forest preserves, hunting preserves and/or clubs or private recreation facilities, subject to development and operation in compliance wih chapter 161 of the City Code; and

(22)

Residential uses consistent with R-3 District standards on land that is adjacent to land used for campgrounds, forest preserves, hunting preserves and/or clubs or private recreation facilities, subject to development in accordance with a residential planned unit development plan approved in accordance with article 6 of the zoning ordinance.

(D)

Bulk and density requirements.

(1)

Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2)

Minimum lot width. No minimum lot width is required.

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 40 feet of any lot line or street right-of-way line.

(b)

Side yard. None required except per subsection (D)(3)(e) of this section.

(c)

Rear yard. None required except per subsection (D)(3)(e) of this section.

(d)

Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(e)

Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 30 feet of the residential lot line.

(4)

Maximum site coverage. Site coverage shall not exceed 70%.

(5)

Building height limitations. No building shall exceed three stories or 45 feet in height.

(E)

Other development regulations.

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00; Am. Ord. 10-02-16-01, passed 2-16-10)

(A)

Purpose and intent. The I-1 Office, Research and Light Industrial District is intended to provide an environment suitable for and limited to research and development activities, office, warehousing and light manufacturing enterprises. The more stringent conditions and restrictions applied in this district are intended to preserve the quality of life in adjacent districts by encouraging a high degree of design quality, open space and environmental quality.

(B)

Permitted land uses and developments. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this, for other than one or more of the following uses:

(1)

Accessory uses;

(2)

Banks and financial institutions;

(3)

Clinics—Medical and dental;

(4)

Hotels and motels;

(5)

Laboratories, offices, and other facilities (including ancillary uses) for research and development or technical services conducted by or for any individual, organization, or concern, public or private. These uses include, but are not limited to:

(a)

Engineering and testing laboratories,

(b)

Medical and dental laboratories,

(c)

Agricultural research laboratories;

Any outdoor testing of animal, plant or other biological and genetic research is prohibited.

(6)

Manufacturing activities, including but not limited to electronic and scientific precision instruments manufacture, cloth product manufacture, light machinery production and assembly, printing and publishing; excluding those uses which may be obnoxious or pose a nuisance for any reason including the emission of toxic or hazardous substances, odor, noise, dust, smoke, or gas;

(7)

Office uses;

(8)

Pilot plants in which processes planned for use in production elsewhere can be treated to the extent reasonably necessary for full investigation of the merits of a product or process including commercial viability;

(9)

Production of prototype products when limited to the scale reasonably necessary for full investigation of the merits of a product, including commercial viability;

(10)

Training and educational facilities;

(11)

Warehousing and distribution facilities, but excluding motor freight terminals.

(C)

Conditional uses.

(1)

Banks and financial institutions including drive-through facilities;

(2)

Buildings whose height exceeds the maximum building height in the I-1 district (see Density and Dimensional Regulations below);

(3)

Clubs, lodges and fraternal organizations;

(4)

Day care centers;

(5)

Parking areas including structures, as a principal use of a property;

(6)

Planned unit development;

(7)

Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:

(a)

Electrical substations and booster stations,

(b)

Filtration plan, pumping station, well and water reservoir,

(c)

Sewage treatment plant,

(d)

Telephone exchange and microwave relay tower,

(e)

Other government and utility uses;

(8)

Residences, contained entirely within the primary building and exclusively for the use of proprietors, owners and employees.

(9)

A freestanding residence of a caretaker or security personnel when such residence is ancillary or secondary to a permitted use on the property.

(D)

Bulk and density requirements.

(1)

Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2)

Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or conditional use.

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 50 feet of any lot line or street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 20 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 20 feet of any rear lot line.

(d)

Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(e)

Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 50 feet of the residential lot line.

(4)

Maximum site coverage. Site coverage shall not exceed 40%.

(5)

Building height limitations. No building shall exceed four stories or 45 feet in height. This height may be increased to a maximum of 100 feet by a conditional use permit, as long as all yard setbacks are increased by a ratio of one foot for each two feet, or portion thereof, of increased building height over 45 feet, provided that no front yard setback exceed 150 feet and no side or rear yard exceed 75 feet.

(E)

Outdoor storage.

(1)

Outdoor storage shall be screened from public view by placing a solid, sight proof fence not less than eight feet in height around the storage area.

(F)

Special provisions. The following list references the appropriate sections of this chapter which specify the other regulations governing development in this district:

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00; Am. Ord. 1402, passed 1-15-02; Am. Ord. 08-04-15-01, passed 4-15-08)

(A)

Purpose and intent. The I-2 Light Industrial District is intended to allow industrial uses that are conducted in such a manner so as to not be detrimental to the rest of the community by reason of noise, vibration, smoke, dust, toxic or noxious materials, odor, fire, explosive hazards, glare or heat.

(B)

Permitted land uses and developments. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided in this, for other than one or more of the following uses:

(1)

Accessory uses;

(2)

Airports, heliports and landing strips;

(3)

Any use whose primary function is the light manufacturing, fabricating, assembly, disassembly, processing or treatment of goods and products, including but not limited to:

(a)

Appliances,

(b)

Bottling companies,

(c)

Books, printed materials,

(d)

Clothing and textiles,

(e)

Drugs,

(f)

Electrical components,

(g)

Food processing, food manufacture, bakeries,

(h)

Furniture, bedding, and carpet manufacture,

(i)

Glass and ceramics,

(j)

Paper and paper products,

(k)

Plastic and fiberglass,

(l)

Sheet metal,

(m)

Tools,

(n)

Wood assembly and finishing;

(4)

Automobile, truck and recreational vehicle sales, rental and service;

(5)

Banks and financial institutions;

(6)

Building material sales and storage;

(7)

Business, professional and technical training schools;

(8)

Cartage and express facilities;

(9)

Farm equipment sales and service;

(10)

Golf courses and other open space recreational uses;

(11)

Lumber yards;

(12)

Machine shops;

(13)

Motor and rail freight terminals;

(14)

Offices (business, professional, governmental, or medical);

(15)

Outdoor storage, as a principal use, except junkyards, salvage yards, and wrecked vehicle storage yards;

(16)

Parking lots and garages, as a principal use;

(17)

Pilot plants in which processes planned for use in production elsewhere can be treated to the extent reasonably necessary for full investigation of the merits of a product or process including commercial viability;

(18)

Printing and publishing establishments, newspapers, duplicating services;

(19)

Research laboratories and facilities;

(20)

Self-service storage facilities;

(21)

Showrooms and retail outlets;

(22)

Tire stores, sales and service;

(23)

Union halls, hiring halls, and trade associations;

(24)

Warehouses, storage, and distribution facilities;

(25)

Welding;

(26)

Woodworking.

(C)

Conditional uses. The following uses shall be permitted only if specifically authorized by the city council:

(1)

Banks and financial institutions including drive-through facilities;

(2)

Buildings whose height exceeds the maximum building height in the I-2 District (see Density and Dimensional Regulations below);

(3)

Car washes;

(4)

Gas stations;

(5)

Junkyards, salvage yards and automobile graveyards;

(6)

Planned unit developments;

(7)

Public utility and governmental service uses on lots having areas, widths, yards and other conditions as approved by the city council. Including, but not limited to:

(a)

Electrical substations and booster stations,

(b)

Filtration plan, pumping station, well and water reservoir,

(c)

Sewage treatment plant,

(d)

Telephone exchange and microwave relay tower,

(e)

Other government and utility uses;

(8)

Railroad yard, including switching, storage, loading, unloading and maintenance facilities, except those considered accessory to a permitted use, which shall be considered as a permitted use;

(9)

Recreational and social facilities, including health clubs, lodges and fraternal organizations;

(10)

Recycling centers;

(11)

Restaurants;

(12)

Sanitary landfills, solid waste transfer stations, composting, energy reclamation facilities, incinerators, and similar uses, but excluding hazardous or radioactive waste disposal;

(13)

Residences, contained entirely within the primary building and exclusively for the use of proprietors, owners and employees.

(14)

Compounding, processing and storage of flammable liquids, gases and chemicals.

(D)

Bulk and density requirements.

(1)

Minimum lot area. No minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2)

Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or conditional use.

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 50 feet of any lot line or street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 10 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 10 feet of any rear lot line.

(d)

Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(e)

Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 50 feet of the residential lot line.

(4)

Maximum site coverage. Site coverage shall not exceed 60%.

(5)

Building height limitations. No building shall exceed four stories or 45 feet in height. This height may be increased to a maximum of 100 feet by a conditional use permit, as long as all yard setbacks are increased by a ratio of one foot for each two feet, or portion thereof, of increased building height over 45 feet, provided that no front yard setback exceed 150 feet and no side or rear yard exceed 75 feet.

(E)

Outdoor storage.

(1)

All outdoor storage, whether a principal or accessory use of the property, shall be screened from public view by placing a solid, sight proof fence not less than eight feet in height around the storage area.

(F)

Special provisions. The following list references the appropriate sections of this chapter which specify the other regulations governing development in this district:

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00; Am. Ord. 1403, passed 1-15-02; Am. Ord. 1448, passed 10-15-02)

(A)

Intent and purpose. The I-3 Heavy Industrial District is intended to be located in areas so that its permitted and conditional uses are conducted in such a manner so as to not to be detrimental to the rest of the community by reason of their noise, vibration, smoke, dust, toxic or noxious materials, odor, fire, explosive hazards, glare or heat that may be incidental to their operations. Further development of residences is prohibited in this district to keep residential uses from absorbing any adverse effects of the industries and to conserve the supply of industrial land for industrial use.

(B)

Permitted land uses and developments. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided for in this chapter, for other than one or more of the following uses:

(1)

Any use permitted in the I-2 Light Industrial District;

(2)

Accessory uses;

(3)

Any use whose primary purpose includes the heavy manufacturing, fabrication, assembly, disassembly, processing, storage or treatment of goods and services, including but not limited to:

(a)

Asphalt products,

(b)

Concrete and cement products,

(c)

Construction equipment,

(d)

Motor vehicles,

(e)

Paints, inks;

(4)

Public and private utility-type uses and governmental service uses;

(5)

Railroad yards, including switching, storage, loading, unloading and maintenance facilities;

(6)

Recycling centers.

(C)

Conditional uses. The following uses shall be permitted only if specifically authorized by the city council:

(1)

Car washes;

(2)

Drive-in banking facilities;

(3)

Foundries, forges and smelters;

(4)

Manufacturing, compounding, processing and storage of flammable liquids, gases, chemicals, acids, fertilizers;

(5)

Mining operations;

(6)

Junkyards, salvage yards and automobile graveyards;

(7)

Planned unit developments;

(8)

Petroleum production, refining and storage;

(9)

Power plants;

(10)

Sanitary landfills, solid waste transfer stations, composting, energy reclamation facilities, incinerators, and similar uses, but excluding hazardous or radioactive waste disposal;

(11)

Steel mills;

(12)

Synthetic natural gas plants;

(13)

Residences, contained entirely within the primary building and exclusively for the use of proprietors, owners and employees.

(D)

Bulk and density requirements.

(1)

Minimum lot area. A minimum lot area of 15 acres shall be provided for each lot used for a permitted or conditional use.

(2)

Minimum lot width. A minimum lot width of 100 feet shall be provided for each lot used for a permitted or conditional use.

(3)

Building setback requirements.

(a)

Front yard. No principal building shall be allowed within 40 feet of any lot line or street right-of-way line.

(b)

Side yard. No principal building shall be allowed within 10 feet of any side lot line.

(c)

Rear yard. No principal building shall be allowed within 10 feet of any rear lot line.

(d)

Exception. Building setback requirements described above for side and rear yards adjacent to a railroad or a railroad siding shall not be applicable.

(e)

Adjacency to a residential district. Where a side yard or rear yard in this district abuts a residential zoning district, no principal building shall be allowed within 100 feet of the residential lot line.

(4)

Maximum site coverage. Not more than 70% of the lot area may be occupied by buildings and structures, including accessory buildings.

(5)

Building height limitations. No building shall exceed four stories or 45 feet in height. This height may be increased to a maximum of 100 feet as long as all yard setbacks are increased by a ratio of one foot for every two feet, or portion thereof, of increased building height over 45 feet, provided that no front yard setback exceed 150 feet and no side or rear yard exceed 75 feet.

Chimneys, cooling towers, elevator headhouses, monuments, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, church steeples, power lines, power poles or necessary equipment and mechanical appurtenances usually required to be placed above the roof level are not subject to the height limitations herein prescribed.

(E)

Outdoor storage.

(1)

All outdoor storage, whether a principal or accessory use of the property, shall be screened from public view by placing a solid, sight proof fence not less than eight feet in height around the storage area, except during periods of construction.

(F)

Special provisions. The following list references the appropriate sections of this chapter which specify the other regulations governing development in this district:

(1)

Section 150.110 et seq. (Off-Street Parking and Loading).

(2)

Chapter 96 (Signs).

(Ord. 1324, passed 1-4-00; Am. Ord. 1404, passed 1-15-02)

(A)

Purpose. The purpose of a large scale industrial development is to permit:

(1)

Large scale industrial development that would not be possible under the strict application of the other sections of this chapter.

(2)

A creative approach to the use of land and related physical facilities that results in better development and design.

(3)

An efficient use of the land resulting in more economic networks of utilities, streets, and other facilities.

(4)

A land use which promotes the public health, safety, comfort, morals, and welfare.

(5)

Developers of large-scale and complex industrial projects to have the flexibility to complete those projects.

The I-4 District is intended to provide for large-scale developments incorporating a variety of industrial, manufacturing, commercial or business uses which are developed as a unit or in multiple phases pursuant to the preliminary site plan and final site plan procedures provided herein. Nothing contained in the city zoning ordinance shall be construed to prohibit multiple principal buildings on a lot in an I-4 District.

(B)

Minimum Land Area. A large scale industrial development district shall be approved only on contiguous parcels of 700 acres or more, initially under single ownership or unified development control at the time the initial rezoning to the I-4 District occurs.

(C)

Allowable Uses.

(1)

Permitted Uses. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided herein, for other than one or more of the following uses:

(a)

Any use whose primary function is the light manufacturing, fabricating, assembly, disassembly, processing or treatment of goods and products, excluding those involved in the compounding, processing and storage of flammable liquids, gases and chemicals provided; however, that accessory storage of flammable liquids, gases and chemicals pursuant to subsection (C)(1)(b), below, is permitted;

(b)

Accessory uses, including without limitation outdoor storage, container storage, and containers located upon chassis (subject to the terms of subsection (D)(9)(b)(vii), below). In addition, accessory storage of flammable liquids, gases and chemicals shall be permitted;

(c)

Business, professional and technical training schools, training and educational facilities;

(d)

Cartage and express facilities;

(e)

Motor freight terminals;

(f)

Parking lots (as a principal use);

(g)

Pilot plants in which processes planned for use in production elsewhere can be treated to the extent reasonably necessary for full investigation of the merits of a product or process including commercial viability;

(h)

Research, engineering, testing, medical, dental, agricultural laboratories and facilities;

(i)

Telephone exchange, cell communications and microwave relay tower;

(j)

Temporary concrete batch plant, temporary asphalt batch plants, spoils piles, and construction trailers, construction yards, construction equipment parking and outdoor construction storage and construction signs;

(k)

Union halls, hiring halls, and trade associations;

(l)

Warehouses, storage, and distribution facilities with ancillary guardhouses.

(m)

Refrigerator/refrigeration mechanics;

(n)

Diesel mechanics;

(o)

Storage container repair;

(p)

Storage and staging of cargo containers.

(2)

Conditional Uses. The following uses shall be permitted only if specifically authorized by the city council.

(a)

Professional office or commercial uses ancillary to the industrial park including but not limited to:

(i)

Banks,

(ii)

Medical offices,

(iii)

Day care uses (provided day care uses accessory to a permitted use shall be considered a permitted use),

(iv)

Restaurants or dining facilities (provided restaurants or dining facilities accessory to a permitted use shall be considered a permitted use);

(b)

Truck washes (provided truck washes accessory to a permitted use shall be considered a permitted use);

(c)

Gas stations (provided gas fueling pumps accessory to a permitted use shall be considered a permitted use notwithstanding anything contained in city ordinances to the contrary);

(d)

Public utility and governmental services uses on lots having areas, widths, yards and other conditions as approved by the city council (provided sanitary sewer lift stations, water pumping stations, and water towers accessory to a permitted use shall be considered a permitted use regardless of whether they are located on the same zoning lot);

(e)

Railroad yard, including switching, storage, loading, unloading and maintenance facilities, except those considered accessory to a permitted use, which shall be considered a permitted use;

(f)

Compounding, processing and storage of flammable liquids, gases and chemicals as a principal use, other than outlined in subsection (C)(1)(b), above;

(g)

Recycling facilities;

(h)

Self-storage facilities.

(3)

Prohibited Uses. Any use not specifically listed as a permitted use is prohibited.

(D)

Site and Structure Requirements.

(1)

Minimum lot area: no minimum lot area is established in this district. However, lot dimensions shall be sufficient to meet the remaining density and dimensional regulations.

(2)

Minimum lot width: 150 feet.

(3)

Maximum height: no maximum height is established in this district.

(4)

Building setback requirements: front yard: not less than 40 feet, if the maximum building height does not exceed an average of 45 feet as measured from the building finished floor (exclusive of towers, lift equipment, HVAC and similar facilities) (hereinafter, "an average of 45 feet"). For buildings with a height in excess of an average of 45 feet, the front yard setback shall be increased by one foot for each additional two feet of building height, to a maximum of one hundred (100) feet.

Exception: building setback requirements described above for side and rear yards adjacent to a railroad siding shall not be applicable. No setbacks shall be required between units in commercial condominiums.

(5)

Yard designation: notwithstanding anything contained in city ordinances to the contrary, an owner may: (1) elect to designate any yard facing a public street as the "front yard" for purposes of city ordinances; and (2) driveways, detention ponds, utility pedestals and boxes, underground utilities, light poles, block heater plugs, parking lot lights and pedestals and fences may be located in required front, side and rear yard setbacks.

(6)

Green space requirement: all lots abutting a major arterial roadway located along the perimeter of a development located in an I-4 District shall have a front yard green space in the front yard in which no improvements other than landscaping shall be permitted (provided, however, that driveways, detention ponds, utility pedestals and boxes, underground utilities, light poles, block heater plugs, parking lot lights, pedestals and fences shall not be prohibited by this requirement).

Green space setback measured from the property line. Along public roadways as designated in the preliminary site plan, the green space setback shall be ten feet measured from the boundaries of the public right-of-way.

Green space landscaping: at least fifty percent of the required front yard green space area shall be landscaped with trees, shrubs. The remainder of the required area may be landscaped with turf grass or other ground covers approved by the city. In the case of a conflict between the green space provisions of this section and a landscape plan approved by the city council which requires a lesser amount of green space or landscaping, the latest plan approved by the city council shall govern.

(7)

Maximum lot coverage. Maximum lot coverage permitted in this category shall be subject only to compliance with the bulk regulations and set backs herein specified.

(8)

Adjacency to a residential district: where any yard in this district immediately abuts a residential zoning district (i.e., is physically contiguous, rather than separated by a dedicated street), no building shall be erected within 50 feet of the residential lot line if the building height exceeds 35 feet measured from the finished floor of the building. For buildings with a height in excess of 35 feet, the setback from a residential lot line shall be increased by one foot for each additional two feet of building height, to a maximum of one hundred (100) feet.

(9)

Other regulations and standards:

(a)

Off-Street Parking and Loading. Off-street parking and loading shall be provided in accordance with Section 150.117 of the zoning ordinance.

(b)

Landscaping Requirements.

(i)

The perimeter of all large scale industrial districts which abuts a road designated as either a "Primary Road" or a major arterial road on the preliminary site plan described below shall be landscaped with seed or sod and improved with trees and shrubs if either the large scale industrial district or such road immediately abuts a residential zoning district that is improved with an occupied residence within 250 feet of any property line of the large scale industrial district at the time of initial construction within the large scale industrial district.

(ii)

Green space requirement as per subsection (D)(6) above. There shall be a minimum 10-foot landscaped area adjacent to any public roads. The landscape buffer provided herein may be included in any calculation of the minimum front yard on any lot. The landscape buffer area shall be landscaped with trees, shrubs or other natural plant material.

(iii)

All main building entryways shall be landscaped with trees or shrubs.

(iv)

All foundation areas shall be landscaped.

(v)

Trailer storage, container areas, loading docks, dumpster areas and truck maneuvering areas need not be screened. All automobile parking areas shall be landscaped in accordance with the following:

Curbed, landscaped islands shall be provided at the end of each parking row. No more than twenty (20) adjacent auto parking spaces shall be located in a single parking row without such a landscaped island.

Islands or medians shall be a minimum of six (6) feet in width as measured from back of curb to back of curb. Neither landscaped islands nor medians shall be required at truck docks or at either trailer or container parking areas.

Islands or medians shall be landscaped with trees, shrubs and other ground covers or turf grass. Shrubs and ground covers shall have a maximum height of thirty (30) inches.

(vi)

Sidewalks: none shall be required other than for access to the front door of the principal use from the parking area.

(vii)

Outdoor storage: all storage shall be within buildings except as provided as follows:

A.

Outdoor storage of goods and materials are permitted when accessory to a principal use contained within a building and when generally screened from immediately abutting properties and roadways.

B.

The provisions of section 150.85 of the zoning ordinance are inapplicable to cargo containers in I-4 zoning districts. The storage of such containers which are not mounted atop a chassis (freight, overseas, cargo, roll-off, etc.) is permitted however, no single container or chassis shall be stored or remain on property for a period of greater than six months.

C.

Owner is required to maintain a log and upon request shall produce said log to the city for inspection. The log shall contain information sufficient for each container or chassis to be specifically identified and shall document the date on which the container or chassis entered the property and the date on which the container or chassis left the property. The log shall also document the contents of each container. Owner shall produce the most recent copy of the log upon demand.

D.

Upon 24 hours' notice owner shall provide access to the city for the purpose of inspecting the facility and to verify that no single cargo container or chassis has been on the property for a period of more than six months.

(viii)

Declaration of Covenants, Conditions and Restrictions. Contemporaneous with the approval of any final plat of subdivision in a large scale industrial development, the owner and developer may prepare and record a declaration of covenants, conditions, easement and restrictions for that portion of the development, providing, inter alia, for a property owner's association (which may be an addition to an existing association) with authority to impose assessments for maintenance and improvements within the platted area.

(ix)

Architectural Standards.

A.

General Design Guidelines.

1.

Buildings should be oriented so the office spaces with higher levels of architectural detail are facing the public right-of-way.

2.

While rooftop screening is not required in this section, efforts should be made to generally shield mechanical units with either architectural features of the building which shield the mechanical units from view of abutting public rights-of-way and abutting properties or by placing rooftop mechanical units no closer than sixty (60) feet from the building's edge.

B.

Building Exterior.

1.

The office and main entrance should be located together and shall be defined as an office space that has distinct architectural details but still architecturally tied to the rest of the structure.

2.

The front yard corners shall have taller elements or architectural features resembling office spaces to break up the box appearance of industrial buildings.

3.

Large building elevations consisting of continuous truck dock doors, trailer/container parking stalls and exit mandoors are specifically allowed.

4.

Each component should be defined by horizontal and/or vertical articulation. Facade articulation may consist of reveals, use of door openings and dock equipment projections, and material and color variations. Exceptions may be permitted only where a specific architectural style offer other types of building form and facade articulation, as determined by the planning staff.

C.

Materials and Color.

1.

The buildings should be constructed of low maintenance materials to reduce the appearance of wear. Painted pre-cast concrete wall panels are the preferred "skin" material for the buildings.

2.

Materials should be carefully selected in places of excessive wear and be shielded from contact with machinery and other objects.

3.

The building colors shall consist of light, neutral colors for the main body of the facade to reduce the perceived size of the building. Darker colors that will contrast with the main body shall be used in accent or trim areas.

4.

Avoid large amounts of glass and mirrored glass on the building and office space.

5.

Metal-sided and/or roofed "pole barn" type buildings are not allowed except as accessory buildings.

D.

Fencing. Notwithstanding anything contained in city codes to the contrary: (1) galvanized chain link fencing up to and including ten (10) feet in height may be installed in any front, side or rear yard; and (2) the use of barbed wire shall be permitted if authorized by the final site plan.

(10)

Regulations Applicable to Storage and Staging of Cargo Containers.

(a)

"Cargo containers" means an industrial, standardized reusable vessel that was:

(i)

Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or

(ii)

Designed for or capable of being mounted or moved on a rail car; and/or

(iii)

Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.

(b)

"Cargo container facilities" means any site in which the principal use is the movement, storage on a nonpermanent basis, staging, or redistribution of cargo containers either on or off of a chassis, but not to include railroad operations that are subject to jurisdiction of the U.S. Department of Transportation Surface Transportation Board.

(c)

"Chassis" means that portion of a semi-trailer configuration that is the nonpowered portion that provides a way of transporting the cargo container.

(d)

"Permanent" means a time limit of storage that exceeds six months on site without being utilized for transportation purposes.

(e)

"Racking" means a method of storing a chassis on end in an upright position where the bed is perpendicular to the ground.

(f)

"Spotting tractor" means a tractor utilized to pull a chassis only within the cargo container yard. Not utilized for over-the-road hauling.

(g)

"Stacking" means a method of storing cargo containers or a chassis in a vertical manner where the floor of the container or bed of the chassis remains parallel to the ground.

(h)

"Staging/storage" means the outdoor locating and containing cargo containers on and off a chassis, or the chassis by itself until a method of transportation is established and utilized.

(i)

"Tractor" means that portion of a semi-trailer configuration that is utilized to power and pull the chassis.

(j)

"Truck trailer." See "Chassis.".

(k)

Requirements. All cargo container facilities shall be subject to the following provisions:

(i)

Access. Cargo containers on or off a chassis may not be stored in a manner that impedes access to public rights-of-way, public utility or drainage easements, adjacent structures, and buildings.

(ii)

Materials Stored. Materials stored in the cargo containers shall not include any material that is required to be placarded as Class 7 (radioactive materials) according to the U.S. Department of Transportation (DOT) Emergency Response Guidebook (ERG). All other materials stored at the facility should be properly placarded according to the ERG. Additionally, cargo containers with hazardous materials contained inside shall not be stacked or racked.

(iii)

Minimum Lot Size. Cargo container facilities shall have a minimum lot size of 40 acres. No more than 80 percent of the buildable lot coverage may be used for storage and staging of cargo containers.

(iv)

Noise. Cargo container facilities shall make every effort to contain noise within the site. In the event noise becomes excessive, it shall be treated accordingly as a public nuisance violation in accordance with the governmental unit's ordinances.

(v)

Paving. Cargo container facilities shall be paved in accordance with the city's standards, including drainage and stormwater detention. The paving must consist of asphalt, concrete, or other materials found to be acceptable to the governmental units.

(vi)

Parking. No portion of any required off-street parking or loading/unloading areas shall be used for the storage of cargo containers or similar storage devices. The minimum amount of off-street parking spaces shall be one per employee, but not less than six spaces, and one space per 500 square feet of gross floor area of any structure located on site.

(vii)

Racking Height. Racking of a chassis shall be limited to 57 feet in height. When a racked chassis exceeds 30 feet in height, an additional one foot shall be added to all setbacks (from property line) for each additional one foot of height for the racked chassis.

(viii)

Screening and Landscaping. Screening shall be provided within a landscape easement, a minimum width of 100-feet, adjacent to public rights-of-way and nonindustrial zoning districts. Screening shall be a combination of fencing, berming, natural vegetation and landscaping in accordance with the governmental unit's standards. A berm shall contain a 3:1 slope and a minimum height of 15 feet or as approved by the city for landscape easements in excess of 100 feet. Additional landscaping may be required around the entire perimeter of the facility, subject to site plan review by the governmental unit. A landscaping plan must be submitted as part of the preliminary site plan.

(ix)

No Cargo Container or Chassis shall be stored on any berm.

(x)

Separation Distance.

(a)

No storage of a cargo container or a chassis shall be closer than 1,000 feet from any property zoned or used for residential land uses or be stored closer than 30 feet to any existing structure or building on site.

(xi)

Signage. No signage, other than company identification logos, shall be allowed on any cargo container unless approved in accordance with each governmental unit's sign ordinance.

(xii)

Stacking Height Cargo Containers. Cargo containers shall not be stacked more than a maximum of 50 feet in height. No more than 30 percent of the total container storage area shall be stacked at a height of 50 feet. When stacked more than 45 feet, an additional 30 feet shall be added to all setbacks.

(xiii)

Stacking Height Chassis. Empty chassis shall not be stacked more than five units high.

(l)

Cargo Container Maintenance Facility. Any business that engages in the maintenance and repair of cargo containers, not located within a storage facility, that removes containers from the chassis, shall be subject to the same requirements as a cargo container facility. This may include facilities or operations engaged in the conversion of cargo containers for a secondary use or sale.

(m)

Container Modifications. Cargo containers may not be modified or retrofitted for on-site habitation. Containers shall be prohibited from having windows, heating and cooling, plumbing, or multiple entrances. Cargo containers are allowed to have electric and ventilation systems installed that would be necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes in use by the city at the time the site plan is presented.

(n)

Fire Suppression. All cargo container facilities must provide adequate means for fire and emergency vehicles (as approved by the Wilmington fire district) to access cargo containers both on and off a chassis in the event of an emergency.

(o)

All cargo containers visible to public rights-of-way shall be stored in a secure fashion with doors that are fully closed.

(p)

The cargo container storage area shall be equipped with a secured gate system and monitoring equipment to record and document each cargo container, each chassis and each cargo container contents upon entering and exiting the cargo container storage secured area.

(q)

Structural Integrity, Surety for Removal.

(1)

Any cargo container stored or kept on property under the jurisdiction of the city shall be safe, structurally sound, stable, and in good repair.

(2)

Any cargo container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property where kept, subject to the city's requirements.

(3)

Any cargo container stored or kept in violation of the city ordinances shall be deemed a dangerous condition and a public nuisance and may be immediately removed by the city.

(4)

Any cost or expense associated with the removal of the violating cargo containers is the responsibility of the property owner. All associated costs including, but not limited to, legal fees and court cost, shall constitute a debt due and owed to the city and shall be recordable as a lien upon the land of the cargo container storage facility and/or property owner.

(r)

Dedication of Right-of-Way. Cargo container facilities shall dedicate right-of-way to the city for public highway and other public purposes. The dedication shall be in a form acceptable to the city and shall be made at no expense to the city.

(s)

Responsibility for Public Improvements. Cargo container facilities shall design and install, at no expense to the city, public improvements adjacent to the facility at the time and in the manner specified by the city in conjunction with the development or subdivision of the parcel, whichever occurs first. The improvements shall be engineered, reviewed, approved and installed according to the procedures and conditions set forth by the city.

(E)

Approval Process. Procedure: a large scale industrial development shall be granted in accord with the following procedures in lieu of the site plan procedures set forth in Section 150.19 of the city zoning ordinance and in lieu of the planned development procedures set forth in the city zoning ordinance. Applications shall be accompanied by the required plats and documents.

(1)

Pre-Hearing Procedure, Conference. Prior to the filing of an application for approval of a large scale industrial development, the developer may at its election request an informal meeting with the plan commission to discuss the conceptual development of the land in conjunction with the city land use plan. The pre-hearing conference is not mandatory and does not require formal application, fee, or filing of a preliminary site plan.

(2)

Preliminary Site Plan. A preliminary site plan for a large scale industrial development shall be submitted to the president and board of trustees, who shall within fifteen (15) days after said submission refer same to the plan commission for public hearing, report, and recommendation as set forth below.

(a)

Preliminary Site Plan Requirements. The preliminary site plan shall include, at a minimum, the following information and data:

(i)

General boundaries delineating each potential building within generalized, undimensioned maximum permissible building areas.

(ii)

Future public roadways shall be graphically delineated on the preliminary site plan. Private roads or access drives located on individual buildings lots need not be shown. Proposed roadway cross-sections for public roads must be shown on the plan.

(iii)

The approximate location of any planned permanent open space or conservation areas should be delineated on the preliminary site plan including any floodplains, wetlands, woodlands or other natural site features.

(iv)

Any other improvements necessary to portray the overall preliminary site plan and guide the final site plan should be shown on the preliminary site plan.

(v)

Conceptual utility framework plans for sanitary sewer service, water systems, and stormwater conveyance must be provided indicating approximate location and estimated service/coverage area requirements. The approximate location and approximate size of easements required to be provided for utility and drainage purposes shall be indicated.

(vi)

The approximate location of stormwater management areas and estimated supporting data for their approximate size and approximate location must be provided.

(vii)

All existing conditions on the site, including site topography must be shown on the preliminary site plan.

(viii)

A preliminary landscape plan including the landscaping of prototypical green spaces, stormwater management areas, typical parkways, and typical entry features shall be provided demonstrating general conformity with the green space requirements of the I-4 District. Additionally, typical landscape details shall be provided as a guide for building and yard area plantings that will be required during the final site plan approval.

(ix)

Prototypical office entry features, building elevations and proposed color schemes may at owner's election be submitted in conjunction with the preliminary site plan, and shall be approved by the city if substantially consistent with the architectural standards set forth above in subsection (D)(9)(b)(ix).

(b)

Preliminary Site Plan Procedure.

(i)

The plan commission shall hold a public hearing on the preliminary site plan application at its next available meeting but in any event within thirty (30) days after the referral by the city council to the plan commission pursuant to subsection (D)(1), above, and after giving notice of the time and place not more than thirty (30) nor less than fifteen (15) days before the hearing publishing a notice thereof at least once in newspaper published or having general circulation within the city. The plan commission will hold a special meeting if necessary to accomplish the foregoing, with developer to be responsible for the incremental logistical costs of proceeding with a special meeting.

(ii)

Copies of the preliminary site plan application and supporting data shall be submitted to the city engineer and city planner for certification as to substantial conformity with these regulations, applicable city ordinances, and any relevant annexation agreement given the preliminary nature of the submittal (hereinafter the "Relevant Preliminary Site Plan Standard"). The city engineer and city planner shall make recommendations and suggestions regarding means to bring the overall design into conformity with the relevant preliminary site plan standard if necessary.

(iii)

Following the public hearing and review of the preliminary site plan and supporting data for substantial conformity to the relevant preliminary site plan standard, the plan commission shall, within fifteen (15) days recommend approval, modification, or disapprove and the reasons therefore, to the mayor and city and council.

(iv)

As a condition to the approval of the preliminary site plan from the plan commission, the plan commission shall also set forth in a separate communication to the mayor and city and council, findings of fact regarding the submittal's substantial conformity with the relevant preliminary site plan standard, on which they base the approval.

(v)

The mayor and city and council, after receipt of the preliminary site plan from the plan commission, shall at its next regularly scheduled meeting approve, modify, or disapprove. In the case of approval, or approval with modification, the city council shall pass an ordinance approving the preliminary site plan and indicate their approval upon the preliminary site plan, and arrange zoning modifications as necessary. The city council may require such special conditions which shall be limited to those reasonably necessary to assure substantial conformance with the relevant preliminary site plan standard.

(vi)

Approval of a preliminary site plan shall not constitute approval of the final site plan, any specific site plan, or any building or construction plans. Rather it shall be deemed an expression of approval upon which the developer may rely to the overall design submitted on the preliminary site plan and a guide to the preparation of the final site plan which will be submitted for approval of the city upon the fulfillment of the requirements of these regulations and conditions of the preliminary site plan approval, if any. Final site plans shall be approved if they substantially conform to the purpose and intent of these regulations, applicable city ordinances, any relevant annexation agreement, and the preliminary site plan approval, and in the event of a conflict among the aforesaid, the preliminary site plan approval shall govern (hereinafter the "Relevant Final Site Plan Standard").

(vii)

Notwithstanding anything contained herein to the contrary, a preliminary site plan and final site plan may be filed and approved simultaneously. Both preliminary site plan and final site plan approval may be sought and granted in multiple phases, with preliminary site plan approval for an area to be followed by phased final site plan approvals for portions of the area which previously obtained preliminary site plan approval.

(c)

Final Site Plan Approval. A final site plan shall be required to be submitted and approved by the city council, upon recommendation of the plan commission, prior to the issuance of any building permit specifically associated with an individual building site. The city shall review building permit applications and related civil engineering concurrently with the final site plan approval process.

(i)

Final Site Plan Requirements. The final site plan shall designate, at a minimum, the following:

A.

Topography of the site as the same will exist upon completion of the contemplated development or improvement at one foot elevation intervals;

B.

Location, arrangement, maximum exterior height dimensions and exterior materials of all permanent buildings and aboveground structures including general architectural elevations of the proposed structure, to the extent not previously reviewed and approved in conjunction with the preliminary site plan approval;

C.

Location, arrangement and typical dimensions of vehicle parking spaces, typical width of aisles, typical bays and angle of parking, together with the type of parking surface;

D.

Location and typical dimensions of vehicular entrances, exits and driveways;

E.

Location and typical dimensions of pedestrian entrances, exits, walks and walkways;

F.

Location and typical dimensions of the specific storm or surface water drainage system to serve the site, together with connections to off-site drainage facilities;

G.

Location, size, height and orientation of project monument signs. At the owner's election, building signs may be approved in conjunction with the final site plan approval process, and in the event of a conflict between the building signs permitted under city ordinances and larger or more numerous signs that are approved as part of the final site plan approval process, the final site plan approval shall govern;

H.

Lighting plan showing location and ground level foot candle levels up to 50′ beyond the property line (or, at the option of developer, to be submitted separately at a later time);

I.

Location and dimensions of all stormwater retention ponds and facilities;

J.

Location, arrangement and dimensions of vehicle loading and unloading spaces, areas and docks;

K.

Location, dimensions and materials of walls and fences to the extent not previously reviewed and approved in conjunction with preliminary site plan approval;

L.

Landscaping plans showing the size, species and location of all plant material to be provided for all buildings, parking areas, yards, parkways and other site areas required to be landscaped;

M.

Maximum permissible building areas;

N.

Location, pipe size, and invert elevations shall be shown on a civil utility plan for each site outlining water lines, sanitary sewers, storm sewers, and associated structures.

(ii)

Final Site Plan Procedure.

A.

The plan commission shall require the city engineer and city planner to examine and review the final site plan solely for the purpose of determining whether the same is substantially consistent with the relevant final site plan standard, and submit his/her written recommendation of approval, denial or modification to the plan commission. The plan commission shall review the proposed site plan at its next available meeting, and in any event within 30 days of receipt of a final site plan application shall promptly make its recommendations to the city council as to such substantial consistency. The plan commission shall hold a special meeting if necessary to accomplish the foregoing, with developer to be responsible for the incremental logistical costs of proceeding with a special meeting.

B.

In all cases within 15 days of the date of the plan commission's recommendation, the city council shall make the final decision as to the approval or denial of a final site plan based upon its substantial conformity with the relevant final site plan standard, and shall consider in its decision the recommendation of the plan commission, city engineer, and city planner. The city council shall hold a special meeting if necessary to accomplish the foregoing, with developer to be responsible for the incremental logistical costs of proceeding with a special meeting. Upon city council approval of the final site plan, the city shall issue all building permits and approve all related civil engineering permits.

(iii)

Neither preliminary site plans or final site plans shall be recorded with the county recorder of deeds.

(iv)

Final Subdivision Plat and Final Engineering Plan. Municipal subdivision plat approval shall be required only in those instances where a subdivision of land has occurred which is not exempt from the municipal plat approval requirements in the Illinois Plat Act.

A.

Final Subdivision Plat and Final Engineering Plan Requirements. The final subdivision plat and final engineering plan shall conform substantially with the approved final site plan. The final subdivision plat and final engineering plan requirements for a large scale industrial development shall be the same as those established in the city of Wilmington subdivision ordinance and other city ordinances as modified by any relevant annexation agreement as well as the final site plan approval.

B.

Final Subdivision Plat and Final Engineering Plan Procedure. The final subdivision plat and final engineering plan procedure for a large scale industrial development shall be the same as those established in the city of Wilmington subdivision ordinance and other city ordinances as modified by any relevant annexation agreement, and, at the discretion of the developer, may be filed and approved simultaneously with the preliminary site plan and/or preliminary subdivision plat. Concurrent with the recording of the final subdivision plat, all other plats of easement or dedication that are required to serve the development as planned shall be approved.

C.

Both preliminary subdivision plat and final subdivision plat approval and related engineering may be sought and approved in multiple phases, with preliminary subdivision plat approval for a large area to be followed by phased final subdivision plat approval for portions of the area which previously obtained preliminary subdivision plat approval.

(v)

Notwithstanding anything contained herein or in other city ordinances to the contrary, permits to allow mass grading of any portion of a development in the I-4 zoning district shall be issued on city approval of relevant civil engineering regardless of whether preliminary site plan approval, final site plan approval, or any subdivision reviews or approvals have occurred.

(F)

Changes in the Large Scale Industrial Development. The large scale industrial development project shall be developed only in substantial compliance with the approved final site plan. The final site plan shall be binding on applicant, their successors, grantees, and assigns and shall limit and control the use of premises and location of structures, unless changes are approved pursuant to subsection (F)(1) or (F)(2), below.

(1)

Major Changes. Changes which substantially alter the preliminary site plan or intent of the development may be approved only by submission of a new preliminary site plan and supporting data and following the "Preliminary Site Plan" approval steps. Major changes are defined as those which substantially change the maximum permissible building areas delineated on the preliminary site plan in a manner which substantially impacts the location of public roadways or substantially change the classification or location of any proposed public roadways in a manner which significantly impacts traffic volumes or turning movements on major arterial roads. The relocation of a proposed public road centerline up to 300′ shall not be considered a major change.

(2)

Minor Changes. The city council may approve minor changes, errors, or omissions, in the development which do not substantially change the preliminary site plan or intent of the development, without going through the "Preliminary Site Plan approval" steps and appearing before the plan commission. Minor changes shall be any change which is not defined as "Major" above and which does not substantially change the intent of the preliminary site plan.

(G)

Conditions and Guarantees; Conflicts. Prior to the approval of a preliminary site plan or final site plan, the plan commission may recommend, and the city council may stipulate, such conditions and restrictions deemed necessary to secure substantial compliance with the relevant preliminary site plan standards and relevant final site plan standards, subject to the terms of any relevant annexation agreement. Notwithstanding anything contained herein to the contrary, A) the event of a conflict between either the terms of the zoning ordinance (including this section regulations) or other city ordinances (including without limitation the subdivision ordinance) and the terms of an annexation agreement, the terms of the annexation agreement shall govern.

(Ord. 07-05-07-02, passed 5-7-07; Am. Ord. 11-05-03-01, §§ 2—4, 5-3-11)

(A)

Authority. The Lowland Conservancy Overlay District is adopted by the city council of Wilmington, Illinois, pursuant to 65 Illinois Compiled Statutes 5/11-13-1.

(B)

Short Title. This section shall be known and may be cited as the city of Wilmington Lowland Conservancy Overlay District Ordinance.

(C)

Purpose and Intent. It is the purpose and intent of this section to promote the health, safety, and general welfare of the present and future residents of the city of Wilmington and downstream drainage areas by providing for the protection, preservation, proper maintenance, and use of the city of Wilmington watercourses, river, lakes, ponds, floodplain and regulated wetland areas. This section is more specifically adopted:

(1)

To prevent flood damage by preserving storm and flood water storage capacity;

(2)

To maintain the normal hydrologic balance of streams, floodplains, ponds, river, lakes, regulated wetlands, and groundwater by storing and providing for infiltration of wet-period runoff in floodplains and regulated wetlands, and releasing it slowly to the stream to maintain in-stream flow;

(3)

To manage stormwater runoff and maintain natural runoff conveyance systems, and minimize the need for major storm sewer construction and drainage way modification;

(4)

To improve water quality, both by filtering and storing sediments and attached pollutants, nutrients, and organic compounds before they drain into streams or regulated wetlands, and by maintaining the natural pollutant-assimilating capabilities of streams, floodplains and regulated wetlands;

(5)

To protect shorelines and stream banks from soil erosion, using natural means and materials wherever possible;

(6)

To protect fish spawning, breeding, nursery and feeding grounds;

(7)

To protect wildlife habitat;

(8)

To preserve areas of special recreational, scenic, or scientific interest, including natural areas and habitats of endangered species;

(9)

To maintain and enhance the aesthetic qualities of developing area; and

(10)

To encourage the continued economic growth and high quality of life of the city of Wilmington which depends in part on an adequate quality of water, a pleasing natural environment, and recreational opportunities in proximity to the city of Wilmington.

In order to achieve the purpose and intent of this section, the city of Wilmington hereby designates the Lowland Conservancy Overlay District which shall be considered as an overlay to the zoning districts created by the city of Wilmington zoning ordinances as amended (see subsection (A) of this section). Any proposed development activity within the district must obtain a special use permit as approved by the governing body of the city of Wilmington (see subsection (E) of this section).

(D)

Definitions.

(1)

"Armoring" is a form of channel modification which involves the placement of materials (concrete, riprap, bulkheads, etc.) within a stream channel or along a shoreline to protect property above streams, rivers, lakes and ponds from erosion and wave damage caused by wave action and stream flow.

(2)

"Bulkhead" means a retaining wall that protects property along water.

(3)

"Channel" means a natural or artificial watercourse of perceptible extent that periodically or continuously contains moving water, or which forms a connecting link between two bodies of water. It has a definite bed and banks that serve to contain water.

(4)

"Channel modification" or "channelization" means to alter a watercourse by changing the physical dimension or materials of the channel. Channel modification includes damming, riprapping (or other armoring), widening, deepening, straightening, relocating, lining and significant removal of bottom or woody vegetation. Channel modification does not include the clearing of debris or trash from the watercourse. Channelization is a severe form of channel modification involving a significant change in the channel cross-section and typically involving relocation of existing channel (e.g., straightening).

(5)

"Control structure" means a structure designed to control the rate of stormwater runoff that passes through the structure, given a specific upstream and downstream water surface elevation.

(6)

"Culvert" means a structure designed to carry drainage water or small streams below barriers such as roads, driveways, or railway embankments.

(7)

"Depressional area" means any area which is lower in elevation on all sides than surrounding properties (i.e., does not drain freely), or whose drainage is severely limited such as by a restrictive culvert. A depressional area will fill with water on occasion when runoff into it exceeds the rate of infiltration into underlying soil or exceeds the discharge through its controlled outlet. Large depressional areas may provide significant stormwater or floodplain storage.

(8)

"Development" means the carrying out of any building, agricultural, or mining operation, or the making of any change in the use or appearance of land, and the dividing of land into two or more parcels. The following activities or uses shall be taken, for the purposes of this section, to involve development as defined herein:

(a)

Any construction, reconstruction, or alteration of a structure to occupy more or less ground area, or the on-site preparation for same;

(b)

Any change in the intensity of use of land, such as an increase in the number of dwelling units on land, or a material increase in the site coverage of businesses, manufacturing establishments, offices, and dwelling units, including mobile homes, campers, and recreational vehicles, on land;

(c)

Any agricultural use of land including, but not limited to, the use of land in horticulture, floriculture, forestry, dairy, livestock, poultry, beekeeping, pisciculture, and all forms of farm products and farm production;

(d)

The commencement of drilling, except to obtain soil samples, or the commencement of mining, filling, excavation, dredging, grading or other alterations of the topography;

(e)

Demolition of a structure or redevelopment of a site;

(f)

Clearing of land as an adjunct of construction for agricultural, private residential, commercial or industrial use;

(g)

Deposit of refuse, solid or liquid waste, or fill on a parcel of land, or the storage of materials;

(h)

Construction, excavation, or fill operations relating to the creation of modification of any road, street, parking facility or any drainage canal, or to the installation of utilities or any other graining activity that alters the existing topography;

(i)

Construction or erection of dams, levees, walls, fences, bridges, or culverts; and

(j)

Any other activity that might change the direction, height, or velocity of flood or surface water.

(9)

"District" means the Lowland Conservancy Overlay District as defined in subsection (N) of this section.

(10)

"Erosion" means the general process whereby soils are moved by flowing water or wave action.

(11)

"Filtered view" means the maintenance or establishment of woody vegetation of sufficient density to screen developments from a stream or regulated wetland, to provide for streambank stabilization and erosion control, to serve as an aid to infiltration of surface runoff, and to provide cover to shade the water. The vegetation need not be so dense as to completely block the view. Filtered view means no clear cutting.

(12)

"Floodplain" means that land adjacent to a body of water with ground surface elevations at or below the 100-year frequency flood elevation.

(13)

"Floodway" means that portion of the floodplain (sometimes referred to at the base floodplain or special flood hazard area) required to store and convey the base flood. The floodway is the 100-year floodway as designated and regulated by the Illinois Department of Transportation/Division of Water Resources. The remainder of the floodplain which is outside the regulatory floodway is referred to as the flood fringe or floodway fringe.

(14)

"Hydraulic characteristics" means the features of a watercourse which determine its water conveyance capacity. These features include but are no limited to: size and configuration of the cross-section of the watercourse and floodway; texture and roughness of materials along the watercourse; alignment of watercourse; gradient of watercourse; and size, configuration, and other characteristics of structures within the watercourse. In low-lying areas the characteristics of the overbank area also determine water conveyance capacity.

(15)

"Lot" means an area of land, with defined boundaries, that is designated in official assessor's records as being one parcel.

(16)

"Lake" or "pond" means any inland waterbody, fed by spring or surface water flow.

(17)

"Natural" in reference to watercourses means those stream channels, grassed waterways and swales formed by the existing surface topography of the earth prior to changes made by unnatural causes. A natural stream tends to follow a meandering path; its floodplain is not constrained by levees; the area near the bank has not been cleared, mowed or cultivated; the stream flows over soil and geologic materials typical of the area with no alteration of the course or cross-section of the stream caused by filling or excavating.

(18)

"Ordinary high water mark (OHWM)" means the point on the bank or shore up to which presence and action of surface water is so continuous so as to leave a distinctive mark such as erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.

(19)

"Qualified professional" means a person trained in one or more of the disciplines of biology, geology, soil science, engineering, or hydrology whose training and experience ensure a competent analysis and assessment of stream, river, lake, pond and regulated wetland conditions and impacts.

(20)

"Registered professional engineer" means a professional engineer registered under the provisions of "The Illinois Professional Engineering Act" and any act amendatory thereof.

(21)

"Retention/detention facility" means a facility that provides for storage of storm water runoff and controlled release of this runoff during and after a flood and storm.

(22)

"Runoff" means the portion of precipitation on the land that is not absorbed by the soil or plant material and which runs off the land.

(23)

"Sedimentation" means the processes that deposit soils, debris, and other materials either on other ground surfaces or in water bodies or watercourses.

(24)

"Setback" means the horizontal distance between any portion of a structure or any development activity and the ordinary high water mark of a perennial or intermittent stream, the ordinary high water mark of a river, lake or pond, or edge of a regulated wetland, measured from the structure's or development's closest point to the ordinary high water mark, or edge.

(25)

"Stream" means a body of running water flowing continuously or intermittently in a channel on or below the surface of the ground. 7.5 minute topographic maps of the U.S. Geological Survey are one reference for identifying perennial and intermittent streams. For purposes of this section, the term "stream" does not include storm sewers.

(26)

"Structure" means anything that is constructed, erected or moved to or from any premise which is located above, on, or below the ground including, but not limited to, tents, camper trailers, and recreation vehicles are not considered structures when used less than 180 days per year and located landward of the minimum setback provided as a natural vegetation strip.

(27)

"Vegetation" means all plant growth, especially trees, shrubs, mosses, and grass.

(28)

"Watercourse" means any river, stream, creek, brook, branch, natural or artificial depression, ponded area, slough, gulch, draw, ditch, channel, conduit, culvert, swale, grass waterway, gully, ravine, wash, or natural or man-made drainageway, which as a definite channel, bed and banks, in or into which stormwater runoff and floodwater flow either regularly or intermittently.

(29)

"Regulated wetland" means those transitional lands between terrestrial and aquatic system where the water table is usually at or near the surface or the covered by shallow water. Classification of areas as regulated wetlands shall follow the "Classification of Wetlands and Deepwater Habitats of the United States" as published by the U.S. Fish and Wildlife Services (FWS/OBS-79/31).

(E)

Special Use Permit. To ensure that proposed development activity can be carried out in a manner which is compatible and harmonious with the natural amenities of the Lowland Conservancy Overlay District and with surrounding land uses, a request for a special use permit for such development activity must be submitted for approval by the engineer for the city of Wilmington.

No special use permit shall be issued unless the city of Wilmington finds that:

(1)

The development will not detrimentally affect or destroy natural features such as ponds, stream, regulated wetlands, and forested areas, nor impair their natural functions, but will preserve and incorporate such features into the development's site;

(2)

The location of natural features and the site's topography have been considered in the designing and siting of all physical improvements;

(3)

Adequate assurances have been received that the clearing of the site of topsoil, trees, and other natural features will not occur before the commencement of building operations; only those areas approved for the placement of physical improvements may be cleared;

(4)

The development will not reduce the natural retention storage capacity of any watercourse, nor increase the magnitude and volume of flooding at other locations; and that in addition, the development will not increase stream velocities; and

(5)

The soil and subsoil conditions are suitable for excavation and site preparation, and the drainage is designed to prevent erosion and environmentally deleterious surface runoff.

There shall be no development, including the immediate or future clearing or removal of natural ground cover and/or trees, within the Lowland Conservancy Overlay District for any purpose, unless a special use permit is granted subject to the provisions of this section or the provisions of the city of Wilmington zoning ordinance.

Dumping, filling, mining, excavating, dredging, or transferring of any earth material within the district is prohibited unless a special use permit is granted.

No ponds or impoundments shall be created nor other alterations or improvements shall be allowed in the district for recreational uses, storm water management, flood control, agricultural uses or as scenic features unless a special use permit is granted.

(F)

Application for Permit. Application for a special use permit shall be made by the owner of the property, or his/her authorized agent, to the city of Wilmington. Each application shall bear the name(s) and address(es) of the owner or developer of the site and of any consulting firm retained by the applicant together with the name of the applicant's principal contact at such firm, and shall be accompanied by a filing fee of $100.00. Each application shall include certification that any land clearing, construction, or development involving the movement of earth shall be in accordance with the plans approved upon issuance of the permit.

(6)

Submissions. Each application for a special use permit shall be accompanied by the following information as specified in the subsections cited:

General Provisions

Justification for Watercourse Relocation and Minor Modifications

Where a proposed development activity is less than 2 ½ acres in area the city of Wilmington, upon approval of the city of Wilmington engineer, may waive or simplify any or all of the submission requirements (subsections (P) through (T) of this section) provided that the person responsible for any such development shall implement necessary protection measures to satisfy the purpose and intent set forth in subsection (C) of this section. (See subsection (DD), Variances)

(H)

Bonds. The applicant may be required to file with the city of Wilmington a faithful performance bond or bonds, letter of credit, or other improvement security satisfactory to the city attorney, in an amount deemed sufficient by the city of Wilmington to cover all costs for improvements, landscaping, or maintenance of improvements and landscaping, for such period as specified by the city of Wilmington, as well as engineering and inspection costs to cover the cost of failure or repair of improvements installed on the site.

(I)

Review and Approval. Each application for a special use permit shall be reviewed and acted upon according to the following procedures:

(1)

The city of Wilmington will review each application for a special use permit to determine its conformance with the provisions of this section. The city of Wilmington may also refer any application to the Will County Soil and Water Conservation District and/or any other local government or public agency within whose jurisdiction the site is located for review and comments. The city of Wilmington shall in writing, (a) approve the permit application, if found to be in conformance with the provisions of this section, and issue the permit; (b) approve the permit application subject to such reasonable conditions as may be necessary to secure substantially the objectives of this section, and issue the permit subject to these conditions; or (c) disapprove the permit application, indicating the deficiencies and the procedure for submitting a revised application and/or submission.

(2)

No special use permit shall be issued for an intended development site unless:

(a)

The development, including but not limited to subdivisions and planned unit developments, has been approved by the city of Wilmington where applicable; or

(b)

Such permit is accompanied by or combined with a valid building permit issued by the city of Wilmington; or

(c)

The proposed development is coordinated with any overall development program previously approved by the city of Wilmington for the area in which the site is situated.

(J)

Permit Exceptions. The provisions of this section shall not apply to:

(1)

Emergency work necessary to preserve life or property; when emergency work is performed under this section, the person performing it shall report the pertinent facts relating to the work to the (permit issuing agency) within ten (10) days after commencement of the work and shall thereafter obtain a special use permit and shall perform such work as may be determined by the agency to be reasonably necessary to correct any impairment to the watercourse, river, lake, pond, floodplain or regulated wetland (in terms of the purposes of subsections (C)(1) through (C)(10) of this section);

(2)

Work consisting of the operation, repair, or maintenance of any lawful use of land existing on the date of adoption of this section;

(3)

Lands adjacent to farm ditches if:

(a)

Such lands are adjacent to a natural stream or river; or

(b)

Those parts of such drainage ditches adjacent to such lands were not streams before ditching; or

(c)

Such lands are maintained in agricultural uses without buildings and structures.

Where farm ditches are found to contribute to adverse environmental impacts or hazards to persons or property, the city of Wilmington may include designated farm ditches in the district. The city of Wilmington may also require that linings, bulkheads, dikes, and culverts be removed to mitigate hazards, or that other mitigative measures be taken, such as the maintenance of a natural vegetation buffer strip.

(K)

Effect on Other Permits. The granting of a special use permit under the provisions herein shall in no way affect the owner's responsibility to obtain the approval required by any other statute, ordinance, or regulation of any state agency or subdivision thereof, or to meet other city of Wilmington ordinances and regulations. Where state and/or federal permits are required, a special use permit will not be issued until they are obtained.

(L)

General Provisions: Area Affected. This section applies to development in or near streams, lakes, ponds and regulated wetlands within the city of Wilmington. Streams, lakes, and ponds (including intermittent streams) are those which are shown on the Federal Emergency Management Agency Flood Insurance Rate Maps where base flood elevations have been determined within the jurisdiction of the city of Wilmington.

Regulated wetlands are those wetlands that are subject to development restrictions imposed by any government agency, including the city of Wilmington.

If new drainage courses, lakes, ponds or regulated wetlands are created as part of a development, the requirements for setbacks and uses within setbacks, and the criteria for watercourse relocation and minor modification shall apply. The district shall be amended as appropriate to include these areas.

(M)

The Lowland Conservancy Overlay District. The Lowland Conservancy Overlay District shall be considered as an overlay to the zoning districts created by the city of Wilmington zoning ordinance as amended. In addition to the requirements of this section, applicants for a special use permit within the district shall meet all requirements of the underlying zoning districts. In the event of a conflict between the overlay district requirements and the underlying zoning district requirements, the most restrictive requirements prevail.

(N)

District Boundary. The procedures, standards and requirements contained in this section shall apply to all lots within regulated wetlands and streams, and all lots lying wholly or in part:

(1)

Within the special flood hazard area (SFHA) designated by the Federal Emergency Management Agency (FEMA); or

(2)

Within depressional areas serving as floodplain or stormwater storage areas, as designated on the Lowland Conservancy District Map.

(O)

Minimum Setbacks of Development Activity from Streams, Lakes, Ponds, and Regulated Wetlands.

(1)

Absolutely no development activity (except as provided below) may occur within the minimum setback which is defined as 75 feet from the ordinary high water mark of streams, lakes, and ponds, or the edge of regulated wetlands, or within a designated depressional area. In no case shall the setback be less than the boundary of the 100-year floodway as defined by FEMA. These setback requirements do not apply to a stream in a culvert unless the stream is taken out of the culvert as part of development activity. If a culvert functions as a low-flow culvert, where water is intended to periodically flow over it, the setback requirements apply.

(2)

The following development activities may be permitted, subject to issuance of a special use permit, within the minimum setback areas only if, as a practical matter, they cannot be located outside the setback area. Such development activities will only be approved based upon a report, prepared by a qualified professional, which demonstrates that they will not adversely affect waste quality; destroy, damage or disrupt significant habitat area; adversely affect drainage and/or stormwater retention capabilities; adversely affect flood conveyance and storage; lead to unstable earth conditions, create erosion hazards, or be materially detrimental to any other property in the area of the subject property or to the city of Wilmington as a whole, including the loss of open space or scenic vistas:

(a)

Minor improvements such as walkways, benches, comfort stations, informational displays, directional signs, foot bridges, observation decks, and docks;

(b)

The maintenance, repair, replacement, and reconstruction of existing highways and bridges, electrical transmission and telecommunication lines, poles, and towers; and

(c)

The establishment and development of public and private parks, and recreation areas, outdoor education areas, historic natural and scientific areas, game refuges, fish and wildlife improvement projects, game bird and animal farms, wildlife preserves and public boat launching ramps.

(3)

Review of the proposed development activity within the minimum setback area will consider the following:

(a)

Only limited filling and excavating necessary for the development of public boat launching ramps, swimming beaches, or the development of park shelters or similar structures is allowed. The development and maintenance of roads, parking lots and other impervious surfaces necessary for permitted uses are allowed only on a very limited basis, and where no alternate location outside of the setback area is available.

(b)

Land surface modification within the minimum setback shall be permitted for the development of stormwater drainage swales between the developed area of the site (including a stormwater detention facility on the site) and a stream, lake or pond, or regulated wetland. Detention basins within the setback are generally discouraged, unless it can be shown that resultant modifications will not impair water quality, habitat, or flood storage functions.

(c)

No filling or excavating within regulated wetlands is permitted except to install piers for the limited development of walkways and observation decks. Walkways and observation decks should avoid high quality regulated wetland areas, and should not adversely affect natural areas designated in the Illinois Natural Areas Inventory or the habitat of rare or endangered species.

(d)

Regulated wetland area occupied by the development of decks and walkways must be mitigated by an equal area of regulated wetland habitat improvement.

(e)

Modification of degraded regulated wetlands for purposes of stormwater management is permitted where the quality of the regulated wetland is improved and total regulated wetland acreage is preserved. Where such modification is permitted, regulated wetlands shall be protected from the effects of increased stormwater runoff by measures such as detention or sedimentation basins, vegetated swales and buffer strips, and sediment and erosion control measures on adjacent developments. The direct entry of storm sewers into regulated wetlands shall be avoided. Environmental impact analysis of regulated wetland modification may be required in accordance with subsection (Z) of this section.

(4)

An applicant for a special use permit (see subsection (E) of this section) must stabilize areas left exposed after land surface modification with vegetation normally associated with that stream or regulated wetland. The planting of native riparian vegetation is recommended as the preferred stabilization measure. Other techniques should be used only when and where vegetation fails to control erosion. The preferred alternative is riprap, using natural rock materials where practicable, installed on eroding bank area in a manner that provides interstitial space for vegetative growth and habitat for macro invertebrates and other steam organisms. Lining of the stream channel bottom is not permitted.

(5)

The applicant shall minimize access to the applicant's proposed development activity within all or part of the Lowland Conservancy Overlay District where such access could adversely affect the stream, lake, pond, regulated wetland, or related environmentally sensitive areas.

(P)

Site Development Plan. A site development plan must be prepared for any proposed development within or partly within, the Lowland Conservancy Overlay District and must indicate:

(1)

Dimension and area or parcel, showing also the vicinity of the site in sufficient detail to enable easy location, in the field, of the site for which the special use permit is sought, and including the boundary line, underlying zoning, a legend, a scale, and a north arrow. (This requirement may be satisfied by the submission of a separate vicinity map.);

(2)

Location of any existing and proposed structures;

(3)

Location of existing or proposed on-site sewage systems or private water supply systems;

(4)

Location of any perennial or intermittent stream, river, lake or pond, and its ordinary high water mark;

(5)

Location and landward limit of all regulated wetlands;

(6)

Location of setback lines as defined in this section;

(7)

Location of the 100-year floodway;

(8)

Location of existing or future access roads;

(9)

Specifications and dimensions of stream, regulated wetland or other water areas proposed for alterations;

(10)

Cross-sections and calculations indicating any changes in flood storage volumes; and

(11)

Such other information as reasonably requested by the city of Wilmington.

The applicant shall present evidence, prepared by a qualified professional, that demonstrates that the proposed development activity will not endanger health and safety, including danger from the obstruction or diversion of flood flow. The developer shall also show by submitting appropriate calculations and resource inventories, that the proposed development activity will not substantially reduce natural floodwater storage capacity, destroy valuable habitat for aquatic or other flora and fauna, adversely affect water quality or ground water resources, increase stormwater runoff velocity so that water levels on other lands are substantially raised or the danger from flooding increased, or adversely impact any other natural stream, floodplain, or regulated wetland functions, and is otherwise consistent with the intent of this section.

(Q)

Geologic and Soil Characteristics/Geologic and Soil Report. The site proposed for development shall be investigated to determine the soil and geologic characteristics, including soil erosion potential. A report, prepared by a licensed professional engineer, geoscientist, or soil scientist experienced in the practice of geologic and soil mechanics, shall be submitted with every application for land development within the Lowland Conservancy Overlay District. This report shall include a description of soil type and stability of surface and subsurface conditions. Any area which the investigation indicates as being subject to geologic or soil hazards shall not be subjected to development, unless the engineer or soil scientist can demonstrate conclusively that these hazards can be overcome.

(R)

Hydrologic Controls/Drainage Control Plan. A drainage control plan that describes the hydraulic characteristics of on-site and nearby watercourses as well as the proposed drainage plan, prepared by a registered professional engineer experienced in hydrology and hydraulics, shall be submitted with each application for land development within the Lowland Conservancy Overlay District. Unless otherwise noted, the following restrictions, requirements and standards shall apply to all development within the Lowland Conservancy Overlay District:

(1)

Natural open-channel drainageways shall be preserved; and

(2)

Runoff from areas of concentrated impervious cover (e.g., roofs, driveways, streets, patios, etc.) shall be collected and transported to a drainageway (preferably a natural drainageway) with sufficient capacity to accept the discharge without undue erosion or detrimental impact. Vegetated drainage swales are preferred over conveyances constructed of concrete or other manufactured materials.

The drainage control plan shall identify appropriate measures, such as recharge basins and detention/retention basins, which will limit the quantitative and qualitative effects of stormwater runoff to pre-development.

(S)

Site Grading and Excavation Plan.

(1)

This subsection applies to the extent that grading and excavation and erosion control plans, which satisfy the following requirements, are not already required by a jurisdiction.

(2)

A site grading and excavation plan, prepared by a registered professional engineer, trained and experienced in civil engineering, shall be submitted with each application for a special use permit and shall include the following:

(a)

Details of the existing terrain and drainage patterns with one-foot contours;

(b)

Proposed site contours at one-foot intervals;

(c)

Dimensions, elevation and contours of grading excavation and fill;

(d)

A description of methods to be employed in disposing of soil and other material that is removed from allowable grading and excavation sites, including location of the disposal site if on the property;

(e)

A schedule showing when each stage of the project will be completed, including the total area of soil surface to be disturbed during each stage, and estimated starting and completion dates. The schedule shall be prepared so as to limit, to the shortest possible period, the time soil is exposed and unprotected. In no case shall the existing natural vegetation be destroyed, removed or disturbed more than fifteen (15) days prior to initiation of the improvements; and

(f)

A detailed description of the revegetation and stabilization methods to be employed, to be prepared in conjunction with the landscape plan per subsection (T) of this section. This description should include locations of erosion controls measures such as sedimentation basins, straw bales, diversion swales, etc.

(3)

The grading and excavation plan must be consistent with all the provisions of this section.

(4)

Unless otherwise provided in this section, the following restrictions, requirements and standards shall apply to all development within the district:

(a)

Every effort shall be made to develop the site in such a manner so as to minimize the alteration of the natural topography;

(b)

No grading, filling, cleaning, clearing, terracing or excavation of any kind shall be initiated until final engineering plans are approved and the special use permit is granted by the city of Wilmington; and

(c)

The depositing of any excavation, grading or clearing material within a stream, river, lake, pond, or regulated wetland area (i.e. within the district) shall be prohibited.

(5)

In addition to locating all site improvements on the subject property to minimize adverse impacts on the stream, river, lake, pond, or regulated wetland, the applicant shall install a berm, curb, or other physical barrier during construction, and following completion of the project, where necessary, to prevent direct runoff and erosion from any modified land surface into a stream, river, lake, pond, or regulated wetland. All parking and vehicle circulation areas should be located as far as possible from a stream, lake, pond, or regulated wetland.

(6)

The city of Wilmington may limit development activity in or near a stream, lake, pond, or regulated wetland to specific months, and to a maximum number of continuous days or hours, in order to minimize adverse impacts. Also, the city of Wilmington may require that equipment be operated from only one side of a stream, river, lake, pond, or regulated wetland in order to minimize bank disruption. Other development techniques, conditions, and restrictions may be required in order to minimize adverse impacts on streams, rivers, lakes, ponds, or regulated wetlands, and on any related areas not subject to development activity.

(T)

Natural Vegetation Buffer Strip Required: Vegetation and Revegetation/Landscape Plan.

(1)

To minimize erosion, stabilize the streambank, protect water quality, maintain water temperature at natural levels, preserve fish and wildlife habitat, to screen man-made structures, and also to preserve aesthetic values of the natural watercourse and regulated wetland areas, a natural vegetation strip shall be maintained along with edge of the stream, lake, pond, or regulated wetland. The natural vegetation strip shall extend landward a minimum of 25 feet from the ordinary high water mark of a perennial or intermittent stream, lake, pond and edge of a regulated wetland.

(2)

Within the natural vegetation strip, trees and shrubs may be selectively pruned or removed for harvest of merchantable timber, to achieve a filtered view of the waterbody from the principal structure and for reasonable private access to the stream, river, lake, pond, or regulated wetland. Said pruning and removal activities shall ensure that a live root system stays intact to provide for streambank stabilization and erosion control.

(3)

A landscape plan, prepared by a professional landscape architect, shall be submitted with each special use permit application for development activity within the Lowland Conservancy Overlay District and contain the following:

(a)

A plan describing the existing vegetative cover of the property and showing those area where the vegetation will be removed as part of the proposed construction; and

(b)

A plan describing the proposed revegetation of disturbed area specifying the materials to be used.

(4)

The vegetation must be planned in such a way that access for stream maintenance purposes shall not be prevented.

(U)

Watercourse Relocation and Minor Modifications (including Channelization and Relocation). Watercourse relocation or modification is generally not permitted because these activities are not usually consistent with the purposes of this section. Under certain circumstances, relocation and minor modification may be permitted through a special use permit where certain problems can be mitigated by relocation and/or minor modification, specifically when:

(1)

Off-site hydrologic conditions are causing erosion, flooding and related problems; or

(2)

On-site soil and geologic conditions are resulting in unstable conditions that pose hazards to life, health, and existing structures or property; or

(3)

The quality of previously modified or relocated streams can be improved through restoration; or

(4)

Officially adopted stormwater management plans call for placement of detention or retention facilities in a stream; or

(5)

Public utilities, including sanitary sewers, pipelines, and roadways require stream crossing or relocation where there are not practical alternatives.

Modification of watercourses as a convenience for site design purposes is not permitted.

(V)

Conditions and Restrictions for Permitting Stream Modification. Stream modification, when permitted, is subject to the following conditions and restrictions:

(1)

Water quality, habitat and other natural functions must be significantly improved by the modification; no significant habitat area may be destroyed;

(2)

The amount of flow and velocity of a stream is not to be increased or decreased as the stream enters or leaves a subject property, unless this reflects an improvement over previous conditions in terms of reduced flooding, reduced erosion, or enhanced low-flow conditions;

(3)

Prior to diverting water into a new channel, a qualified professional approved by the city of Wilmington shall inspect the stream modification, and issue a written report to the city of Wilmington that the modified stream complies with the requirements in subsection (W) of this section; and

(4)

Stream channel enlargement, or other modifications that would increase conveyance, shall not be permitted if the intended purpose is to accommodate development activities in the floodplain.

(W)

Required Content of Stream Modification/Relocation Plan. Stream relocation may be permitted in accordance with a stream relocation plan which provides for:

(1)

The creation of a natural meander pattern, pools, riffles, and substrate;

(2)

The formation of gentle side slopes (at least three feet horizontally per one foot vertically), including installation of erosion control features;

(3)

The utilization of natural materials wherever possible;

(4)

The planting of vegetation normally associated with streams, including primarily native riparian vegetation;

(5)

The creation of spawning and nesting areas wherever appropriate;

(6)

The re-establishment of the fish population wherever appropriate;

(7)

The restoration of water flow characteristics compatible with fish habitat areas, wherever appropriate;

(8)

The filling and revegetation of the prior channel;

(9)

A proposed phasing plan, specifying time of year for all project phases;

(10)

Plans for sediment and erosion control; and

(11)

Establishment of a low-flow channel which reflects the conditions of a natural stream.

(X)

Criteria for Permitting Armoring Channels and Banks. Armoring in the form of bulkheads, riprap or other materials or devices is not permitted except in accordance with the following:

(1)

Significant erosion cannot be prevented in any other way and the use of vegetation and gradual bank slopes has not sufficiently stabilized the shoreline or bank;

(2)

The bulkhead or other devise is not placed within a regulated wetland, or between a regulated wetland and a lake or pond;

(3)

The bulkhead, riprap or other device will minimize the transmittal of wave energy or currents to other properties; and

(4)

The change in the horizontal or vertical configuration of the land must be kept to a minimum.

Where permission to install bulkheads or other armoring devices is requested as part of the special use permit application, documentation and certification pertaining to the items above must be submitted.

(Y)

Criteria for Permitting the Use of Culverts. Culverts are not permitted in streams except in accordance with the following:

(1)

Where a culvert is necessary for creating access to a property; use of culverts as a convenience, in order to facilitate general site design, is not to be considered;

(2)

The culvert must allow passage of fish inhabiting the stream, and accommodate the 100-year flood event without increasing upstream flooding, except where a restricting culvert is desirable as part of an overall storm and floodwater management plan;

(3)

The culvert must be maintained free of debris and sediment to allow free passage of water, and if applicable, fish; and

(4)

The stream bottom should not be significantly widened for the placement of a culvert as this increases siltation; if multiple culverts must be installed, one culvert should be at the level of the bottom of the stream and the others at or above normal water elevation.

(Z)

Impact Assessment. The city of Wilmington may ask an applicant to submit a report prepared by a qualified professional, and approved by the city of Wilmington, in order to assess the potential impact of proposed development on a lake, stream or regulated wetland and associated environmentally sensitive areas, including loss of flood storage potential, loss of habitat, changes in species diversity and quantity, impacts on water quality, increases in human intrusion, and impacts on associated streams, rivers, lakes, ponds, regulated wetlands or downstream areas.

(AA)

Stream Maintenance Easement. The applicant shall grant an access easement for stream maintenance purposes to the city of Wilmington over 25 feet parallel to the stream bank.

(BB)

Nonconforming Uses. (To conform with the appropriate section of the city of Wilmington zoning ordinance.)

(CC)

Board of Appeals. (To conform with the appropriate section of the city of Wilmington zoning ordinance.)

(DD)

Variances. (To conform with the appropriate section of the city of Wilmington zoning ordinance.)

(EE)

Appeals. (To conform with the appropriate section of the city of Wilmington zoning ordinance.)

(FF)

Surety. The city of Wilmington may require the posting of bond or surety to ensure compliance with any aspect of this section.

(GG)

Liability. Prior to issuance of a construction permit, the applicant shall enter into an agreement with the city of Wilmington which runs with the property, in a form acceptable to the city attorney, indemnifying the city of Wilmington for any damage resulting from development activity on the subject property which is related to the physical condition of the stream or regulated wetland.

(HH)

Separability. Every section, provision, or part of this section is declared separable from every other section, provision, or part thereof shall be held invalid, it shall not affect any other section, provision, or part.

(II)

Enforcement. Authority of administration of this section resides with the city administrator. Appeals regarding decision of the city administrator in granting special permits shall be made according to the provisions of subsection (EE) of this section.

(JJ)

Stop-Work Order; Revocation of Permit. In the event any person holding a special use permit pursuant to this section violates the terms of the permit, or carries on site development in such a manner so as to materially and adversely affect the health, welfare, or safety of persons residing or working in the neighborhood of the development site, or so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city of Wilmington may suspend or revoke the special use permit.

(1)

Suspension of a permit shall be by a written stop-work order issued by the city of Wilmington and delivered to the permittee or his agent or the person performing the work. The stop-work order shall be effective immediately, shall state the specific violations cited, and shall state the conditions under which work may be resumed. A stop-work order shall remain in effect until the next regularly scheduled meeting of the zoning board of appeals, at which the conditions of subsection (JJ)(2) below can bet met.

(2)

No special use permit shall be permanently suspended or revoked until a hearing is held by the zoning board of appeals. Written notice of such hearing shall be served on the permittee, either personally or by registered mail, and shall state:

(a)

The grounds for compliant or reasons for suspension or revocation, in clear and concise language; and

(b)

The time when and place where such hearing will be held.

Such notice shall be served on the permittee at least five (5) days prior to the date set for the hearing. At such hearing, the permittee shall be given an opportunity to be heard and may call witnesses and present evidence on his/her behalf. At the conclusion of the hearing the zoning board of appeals shall determine whether the permit shall be suspended or revoked.

(KK)

Violations and Penalties. No person shall undertake or continue any development activity contrary to or in violation of any terms of this section. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor, and each day during which any violation of any of the provisions of this section is committed, continued, or permitted shall constitute a separate offense. Upon conviction of any such violation, such person, partnership, or corporation shall be punished by a fine of not more than $500 for each offense. In addition to any other penalty authorized by this subsection, any person, partnership, or corporation convicted of violating any of the provisions of this section shall be required to restore the site to the condition existing prior to commission of the violation, or to bear the expense of such restoration.

(Ord. 08-06-17-01, passed 6-17-08)

1.

Purpose. The purpose of a large scale planned industrial district is to permit a method for the development of large-scale industrial projects of the highest quality which would not be possible under the strict application of other sections of this ordinance and to further provide developers with flexibility to develop complex industrial projects in an efficient use of land resulting in more economic networks of utilities, streets and other facilities that promotes the public health, safety and welfare of the community.

2.

Minimum Land Area. A large scale planned industrial district shall be approved only for a contiguous tract of parcels of 800 acres or more, under single ownership or unified development control at the time the initial rezoning to the large scale planned industrial district occurs.

3.

Planned Development. All land in this large scale planned industrial district shall be developed under this district as a planned development under the terms herein. All map amendments, special use permits and concept plans applied for under this section 150.68 shall be applied for and governed pursuant to the provisions of this section 150.68.

4.

Permitted Uses. The following uses are expressly permitted on the subject property (including all sub-surface space created by the limestone mining operation). No building, structure, subsurface space, or premises shall be erected, altered, enlarged, occupied, or used, except as otherwise provided herein, for other than one or more of the following permitted uses:

A.

Any use permitted in the I-4 limited industrial district.

B.

Any use whose primary function is light manufacturing, fabricating, assembly, processing or treatment of goods and products (including those involved in the storage of flammable liquids, gases and chemicals as their primary use), but excluding those involved in the compounding and processing of flammable liquids, gases and chemicals as their primary use.

C.

Lumber yard (with retail sales center).

D.

Automobile, truck and trailer manufacturing, repair and distribution.

E.

Cartage or express facilities.

F.

Motor freight terminals defined as facilities used for the transfer of goods, but with limited storage of goods. Motor freight terminals shall be limited to not more than seven percent of the subject area.

G.

Warehousing and distribution facilities.

H.

Business, professional and technical schools and training facilities.

I.

Union halls and trade associations.

J.

Research and engineering laboratories and facilities.

K.

Accessory uses which are necessary to the conduct of the permitted uses herein including but not limited to office use, indoor and outdoor storage of materials and maintenance facilities for permitted uses; provided however they are operated and maintained under the same ownership, on the same lot as the permitted use, and do not include structures or features inconsistent with the permitted uses.

L.

Police and Fire Stations.

5.

Standards for Permitted Use. All permitted uses are subject to the following conditions:

A.

All permitted uses shall conform to the standards set forth herein.

B.

No outdoor storage or outdoor processing shall be allowed within 300 feet of a residence or a residential district. Outdoor storage or outdoor processing allowed in this district may be open to the sky but shall be screened by landscaping and a berm, consistent with the city landscaping requirements, or enclosed by a solid wall or fence (including solid doors or gates thereto) at least eight feet high alone with appropriate landscaping. The aforementioned screening restrictions shall apply to open off-street loading to and from enclosed structures where fronting/facing an arterial street or a residential district or a residential lot to reduce the impacts of noise, lights, running engines and late night activities.

6.

Special Uses. The following uses shall be permitted only if specifically authorized by the city in accordance with the provisions of this section 150.68:

A.

Intentionally Deleted.

B.

Travel plaza, or truck or car wash (provided however, truck washes or fueling pumps accessory to a permitted use shall be considered a permitted use in this district notwithstanding any other ordinance to the contrary). "Travel plaza" shall mean a retail business that provides auto and/or truck fuel, the retail sale of convenience items, one or more restaurants and which includes more than four fuel islands and more than eight fueling positions.

C.

Recycling facilities which process non-special, as defined by appropriate state and federal government agencies, nonputrescible material (material that cannot be decomposed by biological methods) for subsequent use in the secondary market. Further, a recycling facility shall be defined as an operation that separates or aggregates household or household-like materials including, but not limited to, glass bottles, aluminum or tin cans, newspapers or other paper, textiles, cardboard for reuse or for conversion into new materials or products. Material arriving at the site may contain only de minimus amounts of other non-hazardous solid wastes, which must be disposed of. In no event shall any pollution control facilities (as defined herein) be allowed. As used herein, "Pollution control facilities" shall mean: any waste storage site, waste transfer station, waste treatment facility or waste incinerator, but specifically excluding therefrom those facilities that are not considered to be pollution control facilities according to Section 3.330 of the Environmental Protection Act, 415 ILCS 5/1 et seq., but specifically excluding any permitted uses or special uses hereunder.

D.

Processing of flammable gases, liquids and chemicals as a principal use.

E.

Concrete batch plant.

F.

Underground mining and/or the underground extraction of minerals, sand, gravel, topsoil, or other aggregates, including equipment, buildings, or structures for screening, crushing, mixing, washing, or storage, provided that:

i.

The mine design and construction plans are prepared by a licensed engineer utilizing the appropriate surveys, tests and calculations to ensure the safe construction and operation of the mine.

ii.

The mine design provides for safe and adequate access to and from the mine for equipment, employees and aggregate extraction.

iii.

The design of the mine complies with all Mine Safety and Health Administration (MSHA) requirements.

iv.

The design, construction and operation of the mine will not allow subsidence that can cause surface injury or material property damage to surface improvements.

v.

The latest commercially available technology will be utilized to reasonably minimize noise, vibration, fumes particulates, smoke and dust.

vi.

The mine operator will meet any insurance requirements that are customary at the time of operation and name the city as an additional insured entity on an insurance certificate.

vii.

No shaft is less than 150 feet from any public road or 50 feet from any side and rear property line measured horizontally.

viii.

All buildings or structures are located not less than 150 feet from any property line.

ix.

The border of the property shall be screened with an eight-foot high earthen berm except at such locations as are necessary for entrances for vehicular traffic or rail access or that are otherwise adjacent to and facing a railyard.

x.

A plan of development for the reclamation of land is provided as part of the application for a building permit for mining.

xi.

The use of blasting or other uses of explosives is permitted, provided, it conforms to the following standards:

a.

The use, handling, detonation of explosives (sometimes referred to as "blasting") in connection with said quarrying operations shall be under the direct supervision of persons having the requisite experience and knowledge to conduct such operations with safety. If such persons are hereafter required to be licensed by any federal agency or by the State of Illinois, such persons shall meet the licensing requirements and obtain such license.

b.

The use storage of explosives shall be in accordance with all applicable federal and state laws and regulations and shall be stored in magazines, buildings, or structures which shall meet the safety requirements of such laws and regulations.

c.

Blasting procedures shall be in accordance with modern techniques and best mining industry practices and regulations. Unless more stringent regulations otherwise exist, a shot shall consist of a series of drill holes containing quantities of explosives fired or detonated in sequences of multiple delays at intervals of milliseconds, so as to counteract and reduce the ground motion or earthborn vibrations from each successive detonation (sometimes referred to as "short-period delay blasting"). Blasting procedures shall be designed, on the basis of maximum charge per delay (that is, quantity of explosives in pounds per detonation) and distances in feet, so that the maximum ground vibration intensity shall not exceed 0.5 inches per second of ground particle velocity resulting from any shot or blast measured by any one of the three mutual perpendicular planes of ground motion as recorded at the nearest building, not owned by the mine operator.

d.

Blasting procedures shall be subject to and comply with the applicable lawful requirements of the Illinois Pollution Control Board, Illinois Department of Natural Resources, Mine Safety and Health Administration (MSHA) of the United States Department of the Interior, and any other governmental agency having jurisdiction thereof.

e.

Blasting procedures shall be in conformity with approved safety regulations, customs, and practices generally accepted in the quarrying industry, and the safety regulations of governmental agencies having jurisdiction thereof.

f.

Compliance with the provisions of these regulations governing blasting procedures and quarrying operations shall be subject to review and inspection by authorized city officials, upon reasonable prior notice and during reasonable business hours.

g.

The actual detonation of any blast will be restricted to the local time period between 1:00 p.m. and 4:30 p.m. Monday through Saturday of each week. A blast notification plan shall be required to provide the city and adjacent property owners notice of the blasting schedule. No blasting shall take place on Sunday or on the following legal holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

xii.

Trucks used in hauling materials from the site of excavation shall be loaded in such a manner as to prevent spillage onto the public roadway and shall comply with IDOT regulations and the Illinois Vehicle Code. Any spillage or tracking of material on said roadways shall be removed from said public roadways as needed to maintain a safe vehicular driving operation and a safe driving surface. At a minimum, the public roadway for a minimum of one half mile accessing the site shall be reviewed for said spillage or tracking of material at least once during each day of operation. All generally accepted industrial safety precautions shall be practiced and observed during such process of removal. Access ways and on-site roads shall be maintained using sweepers, water trucks or other appropriate methods for dust suppression.

xiii.

The holder of a permit hereunder shall ensure the structural safety of all building foundations and the safe and continued use of all wells, on surrounding properties located within one and one-half miles of the boundaries of the parcel on which the mining operation is located and shall for the first year in which the permit is in effect be required to deposit into an escrow account with the city the amount of $25,000 to guarantee the repair or replacement of any foundations and wells reasonably determined by the city's engineers to have been adversely affected as a result of such mining operations. The amount required to be maintained in such escrow shall increase by $5,000 for each of the subsequent five years after the first year in which the permit is in effect (with the additional deposit due on each applicable anniversary date, such that after five years a total of $50,000 shall be on deposit at all times in which a permit is outstanding). Upon any disbursement under the escrow for amounts reasonably determined by the city's engineers for repair or replacement costs as provided above, the holder of the permit shall be required to replace any amounts so disbursed; provided, however, the holder of the permit shall also have the right to object to any determination by the city's engineers hereunder. In the event that the groundwater table is lowered to a point that creates an adverse impact to the existing wells in the area the mitigation plan described will be implemented.

Water pumped from the site for the purpose of washing of vehicles and or product produced on-site shall be retained in a settling pond until the silt and clay settles prior to the water being recycled in the area affected.

xiv.

Noise, dust and odor.

a.

The noise level originating from a mining operation shall comply with the performance standards set forth in the standards adopted by the Illinois Pollution Control Board, as from time to time amended; provided, however, that daytime hours be defined as 6:00 a.m. to 7:00 p.m. from April 1 until November 1 and from 6:00 a.m. to 6:00 p.m. during the rest of the year.

b.

The mine operator shall use best efforts to minimize dust utilizing commercially accepted mining and loading practices. The release of particulate emissions shall also comply with the performance standards in the standards adopted by the Illinois Pollution Control Board, as from time to time amended.

c.

Operations shall be conducted so that noise levels and air and water quality standards comply with all applicable federal and state standards and/or regulations.

xv.

Any such grant shall allow blasting consistent with all city, Will County and State of Illinois standards and shall also be subject to the following additional terms and conditions:

a.

Appropriate dust control shall be utilized including but not limited to water trucks and dust control materials on any haul roads; and

b.

All mining and extraction shall be limited to underground operations; open quarrying of aggregate materials shall not be permitted (except for extraction incidental to construction of the underground mine, access shafts, ventilation shafts and other safety equipment and loading areas); and

c.

With the exception of blasting required to permit a portal or other entrance or ventilation shaft, all blasting on the subject property shall be underground; and

d.

Owner must complete pre-blast inspection of improvements and structures and a hydrological study of water wells upon the subject property and adjacent properties within one mile from the site of blasting, at owner's cost, for those who may request the same. In such case, owner shall select a third party inspection professional, reasonably approved by the city, to perform such inspections. Any damage to improvements, structures or wells which result from underground mining or blasting shall be paid by the owner; and

e.

Except for temporary storage, no explosive materials shall be stored on the surface of the subject property; and

f.

Maximum ground particle velocity created by any blast shall not exceed a limit of one-half inch per second at the nearest building, nearest water well, nearest water tower, and the nearest water, sanitary sewer and storm water lines, not owned by the mine operator; and

g.

A seismograph shall be installed and operated, at the expense of owner, at the nearest building outside of the ownership or control of the owner (subject to obtaining requisite permission from such owner) and at such other location(s) as required to ensure compliance with all applicable laws and permits; and

h.

Specific information on each blast shall be continuously kept and maintained with copies of such records and all regulatory documents required by the State of Illinois to be provided to the city on a quarterly basis or on demand by the city if reasonable cause is shown; and

i.

The city, at owner's cost and expense, may engage a qualified mining/vibration consultant to review the owner's application and plans for special use and any completed mining permit submittal, including, but not limited to, vibration levels, mine design, hydrogeology studies and the reclamation plan to ensure compliance with all applicable laws, standards, or permits; provided, however, the city shall not impose a permit fee for the construction of the mine itself (but excluding any buildings).

G.

The underground mine area may be utilized for any use approved in section 5. above immediately following the extraction of limestone; provided that a building and safety code specifically for such underground uses is in effect and any such area and its use is in compliance with all applicable city building and safety codes governing such underground use(s).

H.

Cargo Container Storage. "Cargo container" shall mean a standardized enclosed vessel (with doors for loading and unloading) which may be loaded and unloaded to and from trains, trucks, ships and other modes of transportation and shall be allowed subject to the following terms and conditions:

i.

Cargo containers shall not be stacked more than four high provided such stacking shall be no closer than 1,000 feet from any residence or property zoned for residential use and is supported by the line of sight studies demonstrating such cargo containers cannot be seen from the public roadways abutting such container yard in a manner similar to and demonstrated by the examples set forth on Exhibit "F";

ii.

Any such area shall be required to be screened in the manner similar to that set forth on Exhibit "F" with all landscaping, fencing, berming and wall materials to be subject to city approval;

iii.

No single cargo container storage area shall exceed 50 acres;

iv.

Cargo containers with hazardous materials contained inside shall not be stacked;

v.

No cargo containers shall be modified, retrofitted or used on-site for any purpose other than storage;

vi.

Cargo containers may not be grouped more than 110 feet deep with such groupings separated by drive aisles of no less than 30 feet in width or side by side in a manner parallel to the drive aisle provided such lateral placement does not exceed 110 feet in depth between drive aisles;

vii.

Vehicles entering or leaving the cargo container storage area(s) shall be restricted to paved surfaces only and in each storage area there shall be constructed and maintained sufficient paved areas to permit all on-road vehicles to enter, exit, load, unload, maneuver and otherwise remain at all times on wholly paved surfaces within the storage area. Other than the paved surfaces aforesaid, the remainder of the storage area shall be paved or surfaced with not less than 12 inches of dust-retardant compacted gravel material;

viii.

Cargo containers shall not be stored or stacked immediately adjacent to any entrance into the storage area which is adjacent to a public road but shall have a restricted area at the entrance to the storage area where no cargo containers may be stored or stacked of no less than 20,000 square feet;

ix.

Each cargo container, truck trailer container or truck chassis shall not be stored on the site for a period longer than six months;

x.

Racking of a chassis shall be limited to 57 feet in height and chassis shall not be stacked more than five units high and provided such stacking and racking is supported by the line of sight studies demonstrating such chassis can not be seen from the adjacent public roadways in a manner similar to and demonstrated by the examples set forth on Exhibit F;

xi.

Any business that engages in the maintenance and repair of cargo containers, not located within a storage facility, that removes cargo containers from the chassis, shall be subject to the same requirements as a cargo container storage area. This may include facilities or operations engaged in the conversion of cargo containers for a secondary use or sale;

xii.

Cargo containers that become unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the subject property, subject to the city's requirements;

xiii.

All cargo containers visible to public rights-of-way shall be stored in a secure fashion with doors that are fully closed;

xiv.

The cargo container storage area shall be equipped with an automatic gate system.

I.

Railroad yard (including intermodal terminal facilities) with switching stations and loading and unloading facilities (provided however, rail service to lots or building accessory to a permitted use shall be considered a permitted use), as well as all security and monitoring as required under applicable law.

J.

Telephone exchange, cell communications and microwave relay tower;

K.

Non-Traditional Building Structures. Allowing the use of nontraditional building structures subject to such specifications as set forth on Exhibit "G" for uses including, but not limited to, storage of raw materials (i.e. salt), mining, concrete plant, batch asphalt plant, agricultural uses, rail yard (as defined herein) or related activities to permit the complete or partial covering of such operations for the safety of the employees and protection of goods being handled.

7.

General Design Standards and Improvements Requirements. The following minimum design standards shall be observed:

A.

Architectural Standards.

General Design Guidelines.

1.

Buildings should be oriented so the office spaces with higher levels of architectural detail are facing the public right-of-way.

2.

While rooftop screening is not required in this section, efforts should be made to generally shield mechanical units with either architectural features of the building which shield the mechanical units from view of abutting public rights-of-way and abutting properties or by placing rooftop mechanical units no closer than 60 feet from the building's edge.

B.

Building Exterior.

1.

The office and main entrance should be located together and shall be defined as an office space that has distinct architectural details but still architecturally tied to the rest of the structure.

2.

The front yard corners shall have taller elements or architectural features resembling office spaces to break up the box appearance of industrial buildings.

3.

Large building elevations consisting of continuous truck dock doors, trailer/container parking stalls and exit man-doors are specifically allowed.

4.

Each component should be defined by horizontal and/or vertical articulation. Facade articulation may consist of reveals, use of door openings and dock equipment projections, and material and color variations. Exceptions may be permitted only where a specific architectural style offer other types of building form and facade articulation, as determined by the planning staff.

C.

Materials and Color.

1.

The buildings should be constructed of low maintenance materials to reduce the appearance of wear. Painted pre-cast concrete wall panels are the preferred "skin" material for the buildings.

2.

Materials should be carefully selected in places of excessive wear and be shielded from contact with machinery and other objects.

3.

The building colors shall consist of light, neutral colors for the main body of the facade to reduce the perceived size of the building. Darker colors that will contrast with the main body shall be used in accent or trim areas.

4.

Avoid large amounts of glass and mirrored glass on the building and office space.

5.

Metal-sided and/or roofed "pole barn" type buildings are not allowed except for existing facilities and those structures otherwise expressly allowed hereunder.

6.

Insulated steel panels are acceptable when used for building expansion walls, building elevation changes, architectural features or in cold-storage facilities.

D.

Right-of-Way and Pavements. All streets shall have a right-of-way width of not less than one foot behind the back of the curb, and all cul-de-sacs shall have a minimum radius of 60 feet. Said streets shall be provided with pavement and concrete curb and gutter. Public roadways shall include an eight-foot wide bike path on one side constructed of concrete, asphalt or other hard surface in lieu of sidewalks. The width of the streets shall be as reasonably required by the city depending upon the expected use of the street, to the extent not otherwise set forth in the annexation agreement. All such public streets shall have a minimum 20-foot and maximum 30-foot public utilities easement adjoining both sides of the designated right-of-way. The furtherest 10 feet from the right-of-way of said public utilities easement may be utilized for berming and stormwater management, provided, however that no physical structures, other than required utilities, shall be located in said public utilities easement.

E.

Utilities. All necessary utilities shall be installed meeting city specifications and the subdivision regulations of the city.

F.

Off-Street Parking. Off-street parking shall be installed as otherwise required by city ordinance, except that for employee parking. One space shall be provided for each employee on the maximum shift. Customer or visitor automobile parking shall be provided with at least 10 spaces provided per building. All automobile parking may be provided with spot dimensions of nine feet by 18 feet. Truck and trailer parking (including shipping containers on chassis) shall be permitted off street on any lot with spot dimensions equal to 10 feet by 50 feet or larger. Except however, the numbers or trucks and trailers (including shipping containers on chassis) permitted on any given lot shall not exceed one per 1,000 square feet of gross building area located on the lot. Provided however, that a minimum number of off-street parking shall be provided to prevent trucks and trailers (including shipping containers on chassis) from parking and/or staging on public and/or interior streets.

The minimum pavement sections shall be as follows:

G.

Loading Facilities. Notwithstanding any other ordinance to the contrary, loading docks and related facilities on a building shall be permitted to face the street.

H.

Lot Area. Minimum of one acre. The minimum lot width shall be 200 feet and the minimum lot depth shall be 200 feet.

I.

Maximum Lot Coverage. The maximum area occupied by all buildings on a single lot shall be subject to compliance with the regulations and setbacks herein specified but in no event shall it exceed 60 percent of the total area of the lot.

J.

Building Setback Requirements. The following building setback requirements shall apply:

For purposes of this section, when a lot is bounded by more than one public street (corner side yard), the owner may select what street shall be selected as the front of the building for purposes of determining where the front yard shall be located. The side of the lot not selected as the front shall be subject to the side yard setback requirements. All distances for setbacks on railroad sidings or spur tracks shall be measured from the centerline of the railroad siding or spur track.

K.

Building Height Limitation. Building height shall not be limited. Except, however, if a building height exceeds 50 feet, the front yard setback shall be increased by one foot for each additional three feet of building height with a maximum front yard setback of 100 feet. Notwithstanding the foregoing, no building height can exceed 50 feet when it is within 300 feet of property zoned or used for residential purposes. For purposes of calculating building height, the base shall be the finished building floor; and towers, equipment and similar facilities attached to or part of a structure shall not be included. City approval shall be required for any building height in excess of 150 feet.

L.

Distance Between Buildings. To the extent not otherwise inconsistent with the setback restrictions contained herein, there shall be 50 feet between any principal buildings on one or more lots.

M.

Distance of Building from Other Zoning Districts. Where any lot in this district shall directly abut (not separated by a street) a residential district or a residence lot, no building shall be located closer than 300 feet to the property line of the residential district or residential lot. If a lot in this district is adjoining a business lot or a commercial district, no building shall be located closer than 50 feet to the property line of the commercial district or business lot. The city landscaping requirements shall be complied with in the buffer area to provide adequate screening.

N.

Landscaping of Unsurfaced Areas. The unpaved areas of each lot shall be landscaped. The landscaping to be provided on stormwater detention areas, parks, greenway and entry features that shall be part of the development may be varied consistent with the following requirements:

a.

Landscaping Purpose and Intent. These landscape standards are hereby established to create and maintain an aesthetically appealing community character that minimizes the negative impacts of vehicular traffic, parking lots, etc., and which incorporates human scale into the visual perception of the city. Specifically, these requirements are intended to beautify the public way; to increase the compatibility of adjacent uses by requiring a buffer or screening between uses; to minimize the adverse impact of noise, dust and headlight glare; to reduce topsoil erosion and stormwater runoff; and to re-establish a canopy cover over the built environment to mitigate the effects of sun and wind so as to moderate extremes of temperature, provide shade, reduce wind velocity and conserve energy resources.

b.

Applicability. The landscape standards set forth herein shall be applied to all approved landscape plans within the planned industrial district.

c.

Required Landscape Plan. The landscape plan shall be drawn to an accurate engineering scale, and include a scale, north arrow, location map, original and revision dates, name and address of owner and site plan designer. Plans shall show all landscape areas and their uses, the number of plantings by type, the size of plantings at installation, the on-center spacing for hedges, the caliper size of all trees at installation, existing vegetation and plantings, and proposed berming and fencing. Also included shall be all proposed/existing structures and other improvements, including, but not limited to, paved areas, berms, lighting, retention/detention areas and planting material. The landscape plan shall be sealed by a state registered landscape architect unless waived by the city.

d.

Landscape Provisions. The following provisions shall be deemed as the minimum requirements for the landscape plan. Additionally, a variety of planting material is desired and must be reflected in the landscape plan.

The following requirements shall apply to all parcels and are cumulative:

1.

Stormwater Facility Requirement. For wet detention facilities, provide two canopy tree equivalents per 100 feet of high water line. A minimum of 25% of the required canopy tree equivalent shall be non-canopy tree planting material. Alternatively, such facilities may be designed as natural features, implementing native deep-rooted shoreline plantings that stabilize the soil, slow runoff, facilitate infiltration and decrease erosion, subject to specific approval by the city.

2.

Street Tree Requirement. Provide one canopy tree per 50 feet of street frontage, in the parkway on each side of each public street. If it is not possible to locate these trees in the parkway, place them within the exterior yards next to the parkway pursuant to the required count. When located below power lines, however, street trees must be understory trees.

3.

Setback Area Requirement. All required setback areas shall be planted in turf, native plantings, prairie grasses or other acceptable living groundcover.

4.

Building Entrances. All primary building entrances shall have appropriate landscaped areas.

5.

Parking Lot Interior Landscaping. One tree shall be provided for every 20 parking spaces and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians, which have a minimum area of 144 square feet. The landscape median shall be covered with shrubs, groundcover, turf, or organic mulch. Parking lot trees shall not be required in tractor / trailer parking lots or truck courts.

6.

Parking Lot Perimeter Landscaping. When a parking lot or truck court is adjacent to a public right-of-way, a landscape buffer yard shall be provided and shall be the width of the parking lot setback. The bufferyard shall consist of one shade tree, one evergreen tree and 10 shrubs per 100 lineal feet of buffer yard. Landscaping requirements for the entire subdivided parcel may be averaged to accomplish an appropriate landscape plan.

7.

Tree Preservation. No tree preservation requirements exist, however, owner may apply credits for existing trees preserved within the site boundaries or other common areas based on a tree survey if owner desires to do so.

8.

Size of Plant Material. The size of plant material required by this ordinance shall be as follows:

Shade Tree - Two-inch caliper measured six inches above grade.

Evergreen Tree - Five feet tall

Ornamental Tree - Five feet tall

9.

Substitutions. For the purpose of providing flexibility in the landscape design, substitutions may be allowed at the following rate:

One shade tree equals one evergreen tree

One shade tree equals two ornamental trees

One shade tree equals 10 shrubs

10.

On-Site Landscape Farm. The city will accept smaller plant materials than required above, provided the plant materials are grown within three miles of the required planting location.

O.

Fencing Regulations. Site fencing shall be allowed to provide secured building and parking access to individual buildings within the development. Fencing materials shall be specified on the approved drawings, and shall be limited to the following:

a.

Front Yard. All fencing adjacent to public streets shall be decorative aluminum fencing unless otherwise approved by the city.

b.

Side and Rear Yard. Fencing adjacent to side any rear-yards shall consist of chain link, decorative aluminum, concrete or masonry unless otherwise approved by the city.

c.

The use of barbed wire or razor wire shall be permitted, but its use shall be limited to circumstances where a building or site requires higher security parameters.

P.

Sign Regulations.

(i)

General Provisions:

(a)

Prior to installation of any sign, a permit shall be issued in accordance with this section through the city building department.

(ii)

Wall Mounted Signs:

(a)

Maximum number allowed: One wall sign shall be permitted within a tenant space per street frontage.

(b)

Area: The allowable signage shall be one square foot per foot of tenant building frontage, up to a maximum of 200 square feet, or 50 square feet for each business that has a separate ground level principal entrance directly to the outside of the building onto a street, alley, courtyard, or parking lot.

(c)

Height: The maximum height shall not extend above the bottom of the roof line where the sign is located, unless the sign is a commercial billboard.

(d)

Illumination: If illuminated, signs shall be internally illuminated and there shall be no exposed neon tubing.

(e)

Design: Wall signs within a multiple tenant building shall be of common vertical height, elevation, scale and where possible a common opaque colored background.

(ii)

Monument Signs:

(a)

Maximum number allowed: One monument sign per street frontage shall be permitted.

(b)

Area: Maximum area per sign face is 80 square feet.

(c)

Height: The maximum sign height shall not exceed 12 feet.

(d)

Illumination: Signs maybe internally or externally illuminated, there shall be no exposed neon tubing.

(e)

Setback: Signs shall have a minimum 10-foot setback from a lot line. When the sign is located at the intersection of two streets or a driveway, it shall not be located within the triangular area determined by a diagonal line connecting two points measured along the property lines of the abutting streets or driveway, 30 feet equidistant from the intersection of those property lines.

(f)

Design: Multi-tenant signs shall be designed with a common opaque colored background.

(g)

Materials: Shall include a base constructed of brick, stone or, masonry materials and be matched in type and color to these materials used on the buildings on the premises if such materials are present. If a base is to be constructed of materials other than brick, stone, or masonry then it shall be fabricated of painted aluminum panels with aluminum angle iron framing and maximum three-fourths inch clear acrylic lettering and shall require the approval of the city staff.

(h)

Landscaping: A minimum of five-foot landscaped area consisting of trees, shrubs and ground covers shall be provided around the base of the sign.

(iv)

Business Park Identification Signs:

(a)

Purpose: The sign shall show the name of the business park and may incorporate multi-tenant signage or other information necessary to the identification of the development or its occupants.

(b)

Maximum Number Allowed: Each 500 acres included in a development phase shall have one multiple identification sign located at a key entrance point or a key intersection.

(c)

Area: The maximum sign face area shall be 250 square feet per side.

(d)

Height: The maximum sign height shall not exceed 35 feet.

(e)

Illumination: Signs maybe internally or externally illuminated, there shall be no exposed neon tubing.

(f)

Setback: Identification signs shall have a minimum 20-foot setback from a lot line. When the sign is located at the intersection of two streets or driveway, it shall not be located within the triangular area determined by a diagonal line connecting two points measured along the property lines of abutting streets or driveway, 40 feet equidistant from the intersection of those property lines.

(g)

Design: Multi-tenant signs shall be designed with a common opaque colored background. Changeable face area signs are prohibited.

(h)

Materials: Shall include a base constructed of brick, stone or, masonry materials and be matched in type and color to these materials used on the buildings on the premises if such materials are present. If a base is to be constructed of materials other than brick, stone, or masonry then it shall be fabricated of painted aluminum panels with aluminum angle iron framing and maximum three-fourths inch clear acrylic lettering and shall require the approval of the city staff.

(i)

Landscaping: A minimum of 15-foot landscaped area consisting of trees, shrubs and ground covers shall be provided around the base of the sign.

(v)

On-Site Directional Signs:

(a)

Purpose: The sign commonly associated with information and directions necessary or convenient for persons coming on the property, including signs marking entrances and exits, parking areas, one-way drives, restrooms, pick up and delivery areas, and the like. On-site information signs shall be limited solely to such information and directions and shall be wall or ground-mounted.

(b)

Maximum allowed: Only as necessary to accomplish the intended purpose of such sign.

(c)

Area: Individual signs shall not exceed 25 square feet in size.

(d)

Height: Only as necessary to accomplish the intended purpose of such sign.

(e)

Illumination: Only as necessary to accomplish the intended purpose of such sign.

(f)

Setback: Shall have a minimum 10-foot setback from a lot line. When the sign is located at the intersection of two streets or driveway, it shall not be located within the triangular area determined by a diagonal line connecting two points measured along the property lines of abutting streets or driveway, 30 feet equidistant from the intersection of those property lines.

(vi)

Off-Site Directional Signs:

(a)

Purposes: Permanent off-site directional signs shall be utilized for vehicle routing within the park.

(b)

The design, number, square footage, height and placement of these signs shall be governed by the Manual of Uniform Traffic Control Devices (MUTCD).

(vii)

Commercial Billboards. Commercial billboards shall be allowed subject to applicable ordinances and regulations.

Q.

Illumination. Building-mounted site illumination shall be limited to areas immediately adjacent to all building entrances, dock doors and exterior parking and storage areas. Freestanding site illumination fixtures shall be installed no closer than five feet from any property line. The maximum height of freestanding fixtures shall not exceed the lesser of (i) 75% of the height of the principal building on the site or (ii) 50 feet. All illumination fixtures shall be designed to conceal the source of illumination when viewed from all points other than directly beneath the source of illumination, and to ensure that no light is emitted above the horizontal plane of the bottom of the light fixture. This regulation shall not apply to freestanding illumination fixtures added to the site that are intended to accentuate landscape features, signage, or security areas. The amount of illumination at any property line shall not exceed 0.5 foot-candles except where required for public safety at points of ingress/egress.

R.

Site Access. Each individual lot or principal building site shall have direct vehicular access to a paved public roadway or a paved private easement road.

S.

Approval Process. Procedure: a large scale industrial development shall be granted in accord with the following procedures in lieu of the site plan procedures set forth in section 150.19 of the city zoning ordinance and in lieu of the planned development procedures set forth in the city zoning ordinance. Applications shall be accompanied by the required plats and documents.

(1)

Pre-Hearing Procedure, Conference. Prior to the filing of an application for approval of a large scale industrial development, the developer may at its election request an informal meeting with the plan commission to discuss the conceptual development of the land in conjunction with the city land use plan. The pre-hearing conference is not mandatory and does not require formal application, fee, or filing of a preliminary site plan.

(2)

Preliminary Site Plan. A preliminary site plan for a large scale industrial development shall be submitted to the city clerk who shall within 15 days after said submission refer same to the plan commission for public hearing, report, and recommendation as set forth below.

(a)

Preliminary Site Plan Requirements. The preliminary site plan shall include, at a minimum, the following information and data:

(i)

General boundaries delineating each potential building within generalized, un-dimensioned maximum permissible building areas.

(ii)

Future public roadways shall be graphically delineated on the preliminary site plan. Private roads or access drives located on individual buildings lots need not be shown. Proposed roadway cross-sections for public roads must be shown on the plan; provided, however, pavement sections do not need to be shown on the roadway cross-sections.

(iii)

The approximate location and approximate amount only of any planned permanent open space or conservation areas should be delineated on the preliminary site plan including any floodplains, wetlands, woodlands or other natural site features.

(iv)

Any other improvements necessary to portray the overall preliminary site plan and guide the final site plan should be shown on the preliminary site plan.

(v)

Intentionally Deleted.

(vi)

The approximate location of stormwater management areas and estimated supporting data for their approximate location must be provided.

(vii)

All existing conditions on the site, including site topography must be shown on the preliminary site plan.

(viii)

A preliminary landscape plan including the landscaping of prototypical green spaces, stormwater management areas, typical parkways, and typical entry features shall be provided demonstrating general conformity with the green space requirements of the large scale planned industrial district. Additionally, typical landscape details shall be provided as a guide for building and yard area plantings that will be required during the final site plan approval.

(ix)

Prototypical office entry features, building elevations and proposed color schemes may at owner's election be submitted in conjunction with the preliminary site plan, and shall be approved by the city if substantially consistent with the architectural standards set forth above.

(b)

Preliminary Site Plan Procedure.

(i)

The plan commission shall hold a public hearing on the preliminary site plan application at its next available meeting and after giving notice of the time and place not more than 30 nor less than 15 days before the hearing publishing a notice thereof at least once in newspaper published or having general circulation within the city. The plan commission will hold a special meeting if necessary to accomplish the foregoing, with developer to be responsible for the incremental logistical costs of proceeding with a special meeting.

(ii)

Copies of the preliminary site plan application and supporting data shall be submitted to the city engineer and city planner for certification as to substantial conformity with these regulations, applicable city ordinances, and any relevant annexation agreement given the preliminary nature of the submittal (hereinafter the "relevant preliminary site plan standard"). The city engineer and city planner shall make recommendations and suggestions regarding means to bring the overall design into conformity with the relevant preliminary site plan standard if necessary.

(iii)

Following the public hearing and review of the preliminary site plan and supporting data for substantial conformity to the relevant preliminary site plan standard, the plan commission shall, within 35 days recommend approval, modification, or disapproval and the reasons therefore, to the mayor and city and council.

(iv)

As a condition to the approval of the preliminary site plan from the plan commission, the plan commission shall also set forth in a separate communication to the mayor and city and council, findings of fact regarding the submittal's substantial conformity with the relevant preliminary site plan standard, on which they base the approval.

(v)

The mayor and city and council, after receipt of the preliminary site plan from the plan commission, shall at its next regularly scheduled meeting approve, modify, or disapprove. In the case of approval, or approval with modification, the city council shall pass an ordinance approving the preliminary site plan and indicate their approval upon the preliminary site plan, and arrange zoning modifications as necessary. The city council may require such special conditions which shall be limited to those reasonably necessary to assure substantial conformance with the relevant preliminary site plan standard.

(vi)

Approval of a preliminary site plan shall not constitute approval of the final site plan, any specific site plan, or any building or construction plans. Rather it shall be deemed an expression of approval upon which the developer may rely to the overall design submitted on the preliminary site plan and a guide to the preparation of the final site plan which will be submitted for approval of the city upon the fulfillment of the requirements of these regulations and conditions of the preliminary site plan approval, if any. Final site plans shall be approved if they substantially conform to the purpose and intent of these regulations, applicable city ordinances, any relevant annexation agreement, and the preliminary site plan approval, and in the event of a conflict among the aforesaid, the preliminary site plan approval shall govern (hereinafter the "relevant final site plan standard").

(vii)

Notwithstanding anything contained herein to the contrary, a preliminary site plan and final site plan may be filed and approved simultaneously. Both preliminary site plan and final site plan approval may be sought and granted in multiple phases, with preliminary site plan approval for an area to be followed by phased final site plan approvals for portions of the area which previously obtained preliminary site plan approval. In connection therewith, it shall be permissible hereunder for a preliminary site plan to be granted for some or all of the entire development, with final site plan approval thereafter sought and granted in multiple phases (and/or on a building-by-building basis).

(c)

Final Site Plan Approval. A final site plan (on a phased or building-by-building basis, if applicable, as provided above) shall be required to be submitted and approved by the city council, upon recommendation of the plan commission, prior to the issuance of any building permit specifically associated with an individual building site. The city shall review building permit applications and related civil engineering concurrently with the final site plan approval process.

(i)

Final Site Plan Requirements. The final site plan (with respect to such phase or building site) shall designate, at a minimum, the following:

a.

Topography of the site as the same will exist upon completion of the contemplated development or improvement at one foot elevation intervals;

b.

Location, arrangement, maximum exterior height dimensions and exterior materials of all permanent buildings and aboveground structures including general architectural elevations of the proposed structure, to the extent not previously reviewed and approved in conjunction with the preliminary site plan approval;

c.

Location, arrangement and typical dimensions of vehicle parking spaces, typical width of aisles, typical bays and angle of parking, together with the type of parking surface;

d.

Location and typical dimensions of vehicular entrances, exits and driveways;

e.

Location and typical dimensions of pedestrian entrances, exits, walks and walkways;

f.

Location and typical dimensions of the specific storm or surface water drainage system to serve the site, together with connections to off-site drainage facilities and top of foundation elevations (T/F) or finished floor elevations (FF) with high water level elevations (HWL) for detention ponds and stormwater management report;

g.

Location, size, height and orientation of project monument signs. At the owner's election, building signs may be approved in conjunction with the final site plan approval process, and in the event of a conflict between the building signs permitted under city ordinances and larger or more numerous signs that are approved as part of the final site plan approval process, the final site plan approval shall govern;

h.

Lighting plan showing location and ground level foot-candle levels up to 50 feet beyond the property line (or, at the option of developer, to be submitted separately at a later time);

i.

Location and dimensions of all stormwater retention ponds and facilities;

j.

Location, arrangement and dimensions of vehicle loading and unloading spaces, areas and docks;

k.

Location, dimensions and materials of walls and fences to the extent not previously reviewed and approved in conjunction with preliminary site plan approval;

l.

Landscaping plans showing the size, species and location of all plant material to be provided for all buildings, parking areas, yards, parkways and other site areas required to be landscaped;

m.

Maximum permissible building areas;

n.

Location, pipe size, and invert elevations shall be shown on a civil utility plan for each site outlining water lines, sanitary sewers, storm sewers, and associated structures.

(i)

Final Site Plan Procedure.

a.

The plan commission shall require the city engineer and city planner to examine and review the final site plan solely for the purpose of determining whether the same is substantially consistent with the relevant final site plan standard, and submit his/her written recommendation of approval, denial or modification to the plan commission. The plan commission shall review the proposed site plan at its next available meeting, and in any event within 35 days of receipt of a final site plan application shall promptly make its recommendations to the city council as to such substantial consistency. The plan commission shall hold a special meeting if necessary to accomplish the foregoing, with developer to be responsible for the incremental logistical costs of proceeding with a special meeting.

b.

In all cases within 35 days of the date of the plan commission's recommendation, the city council shall make the final decision as to the approval or denial of a final site plan based upon its substantial conformity with the relevant final site plan standard, and shall consider in its decision the recommendation of the plan commission, city engineer, and city planner. The city council may hold a special meeting if necessary to accomplish the foregoing, with developer to be responsible for the incremental logistical costs of proceeding with a special meeting. Upon city council approval of the final site plan, the city shall issue all building permits and approve all related civil engineering permits.

(iii)

Neither preliminary site plans or final site plans shall be recorded with the county recorder of deeds.

(iv)

Final Subdivision Plat. Municipal subdivision plat approval shall be required only in those instances where a subdivision of land has occurred which is not exempt from the municipal plat approval requirements in the Illinois Plat Act.

a.

Final Subdivision Plat Requirements. The final subdivision plat shall conform substantially with the approved final site plan. The final subdivision plat requirements for a large scale industrial development shall be the same as those established in the City of Wilmington subdivision ordinance and other city ordinances as modified by any relevant annexation agreement as well as the final site plan approval.

b.

Final Subdivision Plat Procedure. The final subdivision plat procedure for a large scale industrial development shall be the same as those established in the City of Wilmington subdivision ordinance and other city ordinances as modified by any relevant annexation agreement, and, at the discretion of the developer, may be filed and approved simultaneously with the preliminary site plan and/or preliminary subdivision plat. Concurrent with the recording of the final subdivision plat, all other plats of easement or dedication that are required to serve the development as planned shall be approved.

c.

Both preliminary subdivision plat and final subdivision plat approval and related engineering may be sought and approved in multiple phases, with preliminary subdivision plat approval for a large area to be followed by phased final subdivision plat approval for portions of the area which previously obtained preliminary subdivision plat approval.

(v)

Notwithstanding anything contained herein or in other city ordinances to the contrary, permits to allow mass grading of any portion of a development in the large scale planned industrial district zoning district shall be issued upon city approval of relevant civil engineering regardless of whether preliminary site plan approval, final site plan approval, or any subdivision reviews or approvals have occurred.

(vi)

Changes in the Large Scale Industrial Development. The large scale industrial development project shall be developed only in substantial compliance with the approved final site plan. The final site plan shall be binding on applicant, their successors, grantees, and assigns and shall limit and control the use of premises and location of structures, unless changes are approved pursuant to the provisions hereof.

a.

Major Changes. Changes which substantially alter the preliminary site plan or intent of the development may be approved only by submission of a new preliminary site plan and supporting data and following the "preliminary site plan" approval steps. Subject to the exceptions and standards set forth below, major changes are defined as those which substantially change the maximum permissible building areas delineated on the preliminary site plan in a manner which materially and adversely affects the location of public roadways or substantially changes the classification or location of any proposed public roadways in a manner which materially and adversely affects traffic volumes or turning movements on major arterial roads. A change to a site plan hereunder shall be deemed approved and shall not constitute a major change to the extent that the "leverage" (i.e. the maximum permissible building area) does not exceed 50%. The relocation of a proposed public road centerline up to 300 feet shall not be considered a major change. In addition, a change in (or changes to) an internal roadway configuration (whether or not in excess of the 300 feet referred to in the sentence immediately above) shall not be considered a major change hereunder provided that there is not a material and adverse impact on circulation and traffic flows in and around such roadways. A major change hereunder shall specifically include a change of classification of a roadway from one that is a private road maintained by the developer to a public road maintained by the city; provided, however, the preliminary site plan may, at the developer's option contain alternative roadway alignments to account for potential future improvements (off-site) to be made to public roads and/or highways to which such roadways shall ultimately connect. In such instance, the ultimate alignment of the roadways shall not result in a major change hereunder provided that such alignment is consistent with one of the alternative roadway alignments approved as part of the preliminary site plan approval (with such alignment being further subject to change and not being deemed to be a major change, as provided above with respect to either a relocation of less than 300 feet and/or a change that does not have a material and adverse impact on circulation and traffic flows in and around such roadways). A major change hereunder shall specifically include a change of design in which detention/retention are proposed in wetland areas.

(b)

Minor Changes. The city council may approve minor changes, errors, or omissions, in the development which do not substantially change the preliminary site plan or intent of the development, without going through the "preliminary site plan approval" steps and appearing before the plan commission. Minor changes shall be any change which is not defined as "major" above and which does not substantially change the intent of the preliminary site plan.

(vii)

Conditions and Guarantees; Conflicts. Notwithstanding anything contained herein to the contrary, in the event of a conflict between either the terms of the zoning ordinance (including this section regulations) or other city ordinances (including without limitation the subdivision ordinance) and the terms of an annexation agreement, the terms of the annexation agreement shall govern. (Ord. 10-04-06-01, § 2(exh. B-2), passed 4-6-10; Am. Ord. 18-04-03-01, passed 4-3-18)