The uses permitted in each district are set forth in the district regulations (articles II, III and IV), as supplemented by the regulations of this article.

(Ord. No. 65-0-18, § 9.1, 4-6-65)

In each district there may be established those uses which are accessory to the permitted uses listed in the district regulations.

(1)

Definition. An accessory use is a building, structure or use which:

a.

Is subordinate to and serves a principal building or a principal use.

b.

Is subordinate in area, extent and purpose to the principal building or principal use served.

c.

Contributes to the comfort, convenience or necessity of occupants in the principal building or principal use served.

d.

Is located on the same lot as the principal building or principal use served.

(2)

Specific examples.

a.

Provided that the structure or use fits the general definition in subsection (1) of this section, any of the following structures or uses may be an accessory use to any principal residential building:

1.

Private garage permitted in rear and side yards.

2.

A shed or building for storage incidental to the principal residential use provided it is constructed upon a concrete slab having a minimum thickness of four inches and reinforced with six-inch # 10 woven wire mesh. Permitted in the rear and side yards.

3.

A child's playhouse permitted in rear and side yards.

4.

A private swimming pool or, bathhouse located only in rear yards.

5.

A dog house or dog run located only in rear yards.

6.

Statuary, arbors, trellises, flagpoles, fences, walls and hedges permitted in all yards.

7.

Decks, screen houses, canopies, barbecue equipment, open terraces and children's play equipment in rear and side yards.

b.

The keeping, raising or propagation of poultry, livestock, or nondomesticated animals shall be considered an accessory use to a residential building only in the R-30 (residential) district.

c.

The offstreet parking facilities required by the general standards of this chapter are to be considered accessory uses to any permitted use in any district.

d.

A building used primarily for religious worship may have as accessory uses on the same lot other buildings or uses owned or operated by the religious institution, including parsonages, rectories, offices, convents, schools, lunchrooms, and recreation facilities; provided, however, that no industrial or manufacturing use shall be permitted as an accessory use.

e.

None of the following shall be an accessory use:

1.

A dog kennel.

2.

Outdoor parking of trucks, buses, boats or trailers, that have an overall weight in excess of 8,000 pounds including the vehicles maximum load limit.

3.

Outdoor storage of any items of personal property, except as specifically permitted under district regulations.

4.

Carports.

f.

Above ground fuel storage tanks are permitted as accessory uses in industrial zoning districts and upon public property provided such tanks conform with the following criteria:

1.

Above ground tanks may only be located in the side and rear yards of the property and shall conform with the setbacks applicable to a principal building or by other applicable state and local regulations if more restrictive.

(3)

Compliance with bulk regulations. All accessory uses shall comply with the bulk regulations of the district in which they are located (see especially the regulations in section 102-202); provided, however, that:

a.

No accessory building shall exceed the height of the principal structure to which it is accessory.

b.

No building accessory to a residence shall exceed a height of 18 feet.

c.

No accessory structure shall be erected less than five feet from the rear lot line nor less than three feet from the side lot line except that the setback of an attached garage shall be the same as is required for the principal structure.

d.

On any residential lot the total floor area of all accessory buildings shall be in conformance with section 102-32(c) and (d) of the Zoning Ordinance and shall not exceed 100 percent of the habitable ground floor area of the principal residential dwelling except that on lots greater than 16,000 square feet in area one additional square foot of accessory building area shall be permitted per 15 square feet of lot area over 16,000 square feet but shall not exceed one and one-half times the habitable ground floor area of the principal residential dwelling.

e.

Attached accessory buildings shall comply with the same setback and bulk standards applicable to the principal building. Attached accessory buildings or detached accessory garages constructed between the side lot line and the principal building must conform to the same setbacks applicable to the principal building.

f.

Detached accessory buildings shall be separated from any principal building by at least six feet.

(4)

General standards of all accessory uses. All accessory uses shall comply with all general standards applicable to the district in which they are located. No accessory use shall be established or erected prior to the establishment or erection of the principal use to which it is accessory. No existing accessory use may be expanded or extended except in compliance with all of the regulations of this chapter.

(5)

Temporary uses. The following uses of land are permitted in each district subject to the specific regulations and time limits which follow, and also to the regulations of the district in which the use is located:

a.

Tent or similar temporary covering used for weather protection of goods which must be stored out-of-doors because of emergency conditions, provided that such use shall continue only during the duration of the emergency.

b.

Christmas tree sales for a period not to exceed 60 days. Display of Christmas trees need not comply with the yard requirements of this chapter, provided that no trees shall be displayed within the minimum setback for the zone district.

c.

Contractor's office and equipment shed (containing no sleeping or cooking accommodations) accessory to a construction project, provided that such use shall continue only during the duration of such project and shall be promptly removed upon completion or abandonment of such project.

d.

Real estate office (containing no sleeping or cooking accommodations unless located in a model dwelling unit) incident to a new housing development, provided that such use shall continue only until the disposal of all dwelling units in the development.

e.

Carnival or circus when operated by a local nonprofit organization (not to be located in any residential district except on church or school property), provided that such use shall continue for a period not to exceed one week. Such use shall comply with the minimum setback for the zone district.

f.

Garage sales, rummage sales, or estate sales for a period of three consecutive days with the permission of the City of Zion Building Department. Only two such sales shall be allowed within one twelve-month period.

(6)

Prohibited temporary uses. Any nonpermanent structure, including any type of mobile unit used in whole or in part for business, as a residence, or for storage in any district in the city except as specifically permitted by the Zoning Ordinance.

(7)

Outdoor storage areas. Outdoor storage is permitted on commercial and industrial lots when such storage is subordinate to the permitted principal use of the business or industry and may include areas for storage of equipment, equipment containers, pallets, raw materials, semi-finished or finished products, provided however, that such areas are maintained in a neat and orderly condition.

As of the effective date of this ordinance, all new outdoor storage areas for existing businesses or industries or newly constructed businesses or industries shall be confined to locations at the rear of the building erected on the premises as the primary facility, or at the side of said building, but behind the front line of said building extended and shall not exceed a height of ten feet, except that materials or equipment or equipment storage in excess of ten feet in height may be permitted upon recommendation of the zoning board of appeals and approval of the city council where it is determined by the board and city council that such an increase would not be visually offensive.

Over the road vehicles, including truck trailers may be parked upon a site in the L-M zoning district provided the vehicles are operable and movable at the request of the code enforcement personnel, and that the vehicles are not being used for storage; and in any commercial zone for a period of not greater than 24 hours when in the process of making deliveries or pickups.

Outdoor storage areas are subject to periodic inspection and evaluation by City of Zion Code Enforcement Officials. Storage areas that are found in violation of this ordinance will be cited and required to bring the property into compliance. In the event that the storage area is cited, the owner and occupant shall be jointly and severally responsible for the abatement of said violation, including but not limited to any of the following methods: (1) moving the offending materials/equipment inside the primary building(s); (2) construct an approved auxiliary building for the purpose [of] storing the offending materials/equipment; or (3) enclose the offending material/equipment by a solid screen wall or fence, including solid doors or gates thereto, to a height not to exceed ten feet, except that materials or equipment storage in excess of ten feet in height may be permitted upon recommendation of the zoning board of appeals and approval of the city council. The city may also elect to use all it remedies in equity to assure compliance.

The owner and/or the occupant may appeal the citation through the following process. He/she may file an appeal with the director of building and zoning. If the owner and/or occupant is/are not satisfied with the decision, the owner and/or occupant may then request that the appeal decision be reviewed by the commissioner or building and zoning jointly with the building advisory committee. If the owner and/or occupant is/are not satisfied with the joint review decision, he/she has the right to appeal to the zoning board of appeals. In the event the owner and/or occupant still contests the citation, the owner and/or occupant may request the city council to hear the dispute. While the owner and/or occupant may appeal to the city council, the city council retaining the final decision making authority may elect to not review the dispute. Such an election is in the sole and exclusive discretion of the city council.

The phrase "neat and orderly conditions" for purpose of this section shall mean that the properties are maintain[ed] in a manner consistent and compatible with existing ordinances and restrictions regarding health and safety concerns, current industry standards and in compliance with the 2000 International Property Maintenance Code.

Any use in the G-2 zoning district that includes outside storage, such outside storage shall be located behind the front building line and any such area shall be enclosed by a solid screen wall or fence, including solid doors or gates thereto, to a height not to exceed ten feet.

(8)

Unattended donation boxes. An "unattended donation box" means any unattended container, receptacle or similar device that is located on any lot within the city that is used for soliciting and collecting donations of clothing, toys or other salvageable personal property or goods. This term does not include recycle bins or carts for the collection of recyclable material governed or regulated by the city or any unattended donation box located within a building. Except as expressly provided in this Section 102-152(8), unattended donation boxes are hereby declared to be public nuisances.

a.

Unattended donation boxes are prohibited in all zoning districts, and no person shall place, operate, maintain or allow unattended donation boxes on real property within the city, unless (i) the unattended donation box is accessory to the principle use of the property upon which it is located, or (ii) the unattended donation box is allowed pursuant to subsection (b) below. To qualify as an accessory use, the donation box must be owned, maintained and operated by the owner of the principal use.

b.

The city may place, operate and maintain unattended donation boxes, including unattended donation boxes provided to the city by other parties, agencies or entities; however, all such boxes may be placed only by the city and only on property owned by the city.

c.

City code enforcement officials shall notify the owners of all unattended donation boxes located in the city as of March 1, 2014, that such boxes have been declared a public nuisance and must be removed by no later than September 1, 2014. Notice shall be posted on each unattended donation box and mailed via regular mail to any address identified on the unattended donation box. Notice shall state that failure to remove an unattended donation box shall result in the city removing and disposing of the box, and that the owner(s) of the box are jointly and severally liable for the costs of removal, including storage costs, in addition to all other fines, fees and penalties provided for in this Code.

d.

To abate the public nuisance created by unattended donation boxes, city code enforcement officials are authorized to remove all unattended donation boxes discussed in subsection (c) that have not been removed by September 1, 2014.

e.

Unattended donation boxes placed after this Ordinance's effective date may be removed by city code enforcement officials after notifying the owner that he has violated this Code. Notice shall be posted on the unattended donation box and mailed via regular mail to any address identified on the unattended donation box. The notice shall state that the owner has five (5) business days to remove the unattended donation box, that failure to remove the box will result in the city removing and disposing of the box, and that the owner(s) of the box are jointly and severally liable for the costs of removal, including storage costs, in additional to all other fines, fees and penalties provided for in this Code.

f.

If the unattended donation box described in subsection (e) is not removed after five (5) days, city code enforcement officials may remove and dispose of the box.

g.

Violations, penalty. Any person violating any provision of this section hereby shall be fined not less than $100.00 nor more than $750.00 for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(Ord. No. 65-0-18, § 9.2, 4-6-65; Ord. No. 76-0-83, § 1, 8-3-76; Ord. No. 81-0-37, § 1, 5-19-81; Ord. No. 83-0-33, § 1, 6-7-83; Ord. No. 94-0-49, §§ I—V, 6-20-94; Ord. No. 95-0-86, §§ I, II, 11-21-95; Ord. No. 96-0-58, §§ 2—4, 9-3-96; Ord. No. 99-0-15, § 1, 2-16-99; Ord. No. 99-0-93, § 1, 11-2-99; Ord. No. 2001-0-11, § 1, 2-20-01; Ord. No. 2001-0-14, § 1, 3-6-01; Ord. No. 2001-0-45, § 1, 11-20-01; Ord. No. 2001-0-64, § 2, 12-4-01; Ord. No. 2002-0-33, § 1, 6-4-02; Ord. No. 11-O-59, § I, 12-6-11; Ord. No. 14-O-13, § 2, 2-18-14)

Cross reference— Definitions and rules of construction generally, § 1-2; animals, ch. 6.

There are permitted in any residential building home occupations of the type frequently found in dwellings used for residential purposes, provided that such home occupations shall comply with the standards set forth in this section.

(1)

Standards. In addition to complying with all of the bulk regulations and general standards applicable to the district in which it is located, each home occupation shall comply with the following standards:

a.

No person other than members of the immediate family occupying such dwelling shall be employed.

b.

No stock in trade (except articles produced by the members of the immediate family residing on the premises) shall be displayed or sold upon the premises.

c.

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

d.

No outdoor storage shall be permitted.

e.

No home occupation shall be operated in such a manner as to cause a nuisance.

f.

No signs shall be permitted (except those signs permitted in residential districts under Chapter 70, Signs, section 70-62 of the Municipal Code).

g.

No more than 25 percent of the area of one story of the principal building shall be devoted to any home occupation.

h.

The home occupation shall be conducted entirely within the principal building that is used as the dwelling.

(2)

Specific examples permitted. Permitted home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation must also comply with the standards set forth in subsection 102-153(1):

a.

Dressmakers, seamstresses, tailors.

b.

Music or other teachers or tutors, provided that the instruction shall be limited to one pupil at a time except for occasional groups.

c.

Artists, sculptors or authors.

d.

Physicians, dentists or other licensed medical practitioners.

e.

Lawyers, architects, engineers, real estate brokers, insurance agents, brokers and members of similar professions.

f.

Ministers, rabbis, priests or members of religious orders.

g.

One-person beauty shop operations with three or more parking spaces provided.

h.

Dancing schools (special use permit required).

(3)

Specific examples prohibited. Permitted home occupations shall not in any event be deemed to include:

a.

Animal hospitals.

b.

Barbershops.

c.

Clinics or hospitals.

d.

Mortuaries.

e.

Nursery schools.

f.

Private clubs.

g.

Renting of trailers.

h.

Repair shops or service establishments, except the repair of electrical appliances, typewriters, cameras or other similar small items.

i.

Restaurants.

j.

Stables or kennels.

k.

Tourist homes.

(Ord. No. 65-0-18, § 9.3, 4-6-65; Ord. No. 78-0-13, §§ 1, 2, 4-18-78; Ord. No. 85-0-50, § 1, 9-3-85; Ord. No. 93-0-49, § I, 9-8-93; Ord. No. 94-0-49, §§ VI, VII, 6-20-94)

Editor's note— Ord. No. 94-0-49, § VIII, adopted June 20, 1994, deleted former § 102-154, relative to roomers and boarders, which derived from Ord. No. 65-0-18, § 9.4, adopted April 6, 1965.

The manufacture, compounding, treatment or processing of goods shall be prohibited except in industrial districts. Provided, however, that industrial processes which are essential and clearly subordinate to a business use or home occupation may be permitted as an accessory use to such business if such industrial processes will be operated in a manner that will not produce odor, fumes, dust, smoke, noise, vibration or water-carried waste beyond the lot lines.

(Ord. No. 65-0-18, § 9.5, 4-6-65)

All signs shall conform with the standards and conditions established in Chapter 70 of the Zion Municipal Code.

(Ord. No. 65-0-18, § 9.6, 4-6-65; Ord. No. 91-0-58, § I, 6-3-91; Ord. No. 93-0-49, § II, 9-8-93)

Cross reference— Signs generally, ch. 70.

This chapter is not intended to regulate:

(1)

Wires and conduits used for the local transmission and distribution of electricity, together with poles, towers, transformers and similar appurtenant equipment.

(2)

Telephone wires, conduits, poles and similar appurtenant equipment.

(3)

Mains and pipelines for the transmission and distribution of natural gas, together with vents, valves and similar appurtenant equipment.

(4)

Water and sewer mains and appurtenant equipment.

(Ord. No. 65-0-18, § 9.7, 4-6-65)

(a)

Purpose. The regulations contained in this section are established to encourage imaginative design of coordinated land uses and to provide relief from the subdivision and zoning district requirements which are designed for conventional developments, but which may inhibit innovation and cause undue hardship with regard to the use of parcels which present technical development problems. These regulations are further established to provide a safe and desirable living environment for residential areas characterized by a unified building and site development program, to preserve natural features of the site, and to provide adequate open space for recreation and other community purposes.

(b)

Where permitted. A planned development may be located in any zoning district, subject to the procedures and standards set forth in this section and subsequent to the issuing of a special use permit.

(c)

Standards may be substituted. For any planned development, the regulations and standards established in this section may be substituted for the general regulations set forth elsewhere in this chapter.

(d)

Required sewer and water. A planned development shall be served by a sanitary sewage system and a public water supply system owned and operated by the city.

(e)

Permitted uses. The following uses are principal (but not exclusive) uses permitted in a planned development subject to the regulations of this section:

(1)

Single-family detached dwellings.

(2)

Two-family dwellings, patio homes and zero lot line dwellings.

(3)

Townhouse dwellings; provided, however, that in the R-30, R-13 and R-8 zoning districts the number of townhouse dwelling units shall not exceed 50 percent of the total number of dwelling units in the planned development.

(4)

Multiple-family dwellings; provided, however, that in the R-30 and R-13 zoning districts the number of such units shall not exceed ten percent of the total number of units; and that in the R-8 and R-5 zoning districts the number of units shall not exceed 25 percent of the total number of units; and that in the R-4 zoning district the total number of such units shall not exceed 50 percent of the total number of units in the planned development. No apartment or dwelling unit located above the first floor shall contain more than two bedrooms.

(5)

Convenience shopping center.

(6)

Any retail use as an integral part of a shopping center.

(7)

Any office use.

(8)

Any public facility use.

(9)

Church or other place of worship.

(10)

Any manufacturing use permitted in the L-M district subject to the standards of the L-M zone.

(11)

Facilities for the maintenance of the planned development.

(f)

Density standards. The basic density for a planned development shall be the same as the zone in which the development is located, with the following exceptions:

(1)

The following density is hereby established for each of the residential zones.

(2)

All density calculations shall be based on the gross site area or each part thereof lying in a separate zoning district.

(3)

Where the proposed planned development contains 20 percent or more of the gross site as dedicated public open space, the density permitted, expressed in dwelling units per acre, may be increased by two dwelling units per acre.

(4)

The permitted number of dwelling units in a planned development shall be calculated by multiplying the gross site area by the density established for the zoning district plus the open space bonus provided for in subsection (f)(3) of this section. Where the proposed planned development includes land in more than one zone the number of units shall be calculated separately for each zone and added together to determine the total number of units.

(g)

Minimum site area. The minimum land use to be included in a planned development shall be four acres.

(h)

Design standards. The development plan shall be prepared by professional persons: Architects, city planners, engineers, landscape architects and surveyors. The benefits of the planned development and the improved design of the development must justify the intended variation from the normal requirements of this chapter. In preparing the development plan, particular consideration shall be given to the following:

(1)

The provision of open space for recreational and other outdoor benefits and activities. Recreational open space which qualifies for additional density units as provided above shall be landscaped and improved with recreational facilities appropriate to the proposed development; specifically, adequate play areas for children shall be provided in all planned developments containing single-family dwellings, two-family dwellings and townhouse dwellings. At a minimum, 15 percent of the gross site shall be developed for active or passive recreation.

(2)

The conservation of significant natural features of the site such as floodplains, wetlands, forests, scenic areas and vistas. All such areas shall be considered recreational open space.

(3)

Maximum separation of vehicular traffic from pedestrian ways and play areas.

(4)

A unified design based upon significant architectural features, compatible building materials and a distinctive arrangement of structures and open spaces.

(5)

The provision of adequate sites for retail shipping and service areas, schools, places of worship and other community services where the development is large enough to support these services.

(6)

The relationship of the development to surrounding uses and property.

(7)

Surface drainage and stormwater detention facilities shall be designed so that the runoff from the developed site shall not exceed the runoff from the site in its natural state during a storm of two-year frequency as published by the U.S. Weather Bureau for the Chicago area. The capacity of stormwater detention facilities shall be based on a storm of 100-year frequency and the runoff coefficient for the fully developed planned development less the volume of water released based on a storm of two-year frequency and the runoff coefficient of the site in its natural state.

(8)

There shall be two parking spaces per dwelling unit. For all other uses the parking requirements of article IV of this chapter shall apply. Where a planned development is designed to provide for the joint use of parking the total requirement may be reduced by an amount equal to the joint use established, provided that all multiple-family dwellings shall have at least one parking space for the exclusive use of the dwelling.

(9)

All streets and street improvements shall be designed by a registered professional engineer. The width of streets and the design of the pavement and other structures shall be based upon their intended use and shall be related to the overall design of the planned development. Any street dedicated to the public shall be designed and constructed to the standards of chapter 82 of this Code.

(10)

All structures located on the perimeter of a planned development shall be set back from the property line or street right-of-way a distance equal to the required setback in the adjacent zone. Interior yards and setbacks shall be in conformity with good site planning practices.

(11)

Any structure within a planned development may be 35 feet in height. Any structure may exceed 35 feet in height, provided it does not exceed a height determined by a plane extending inward from the perimeter of the planned development at an angle 30 degrees above the horizontal; provided that no structure shall exceed a height of 50 feet.

(12)

All streets dedicated to the public shall be provided with streetlights in accordance with the standards of chapter 82. Private streets and parking areas shall be lighted in a similar manner, provided however, that ornamental standards and fixtures may be permitted.

(i)

Preapplication for a planned development. Before submitting an application for a planned development, the developer is required to hold a preplanning conference, and to present sketch plans to the plan commission. The purpose of these presentations shall be to inform the commission of the proposed development and the manner in which it has been planned to take advantage of the regulations of this section. The plan commission shall have 30 days in which to make any suggestions or recommendation to the developer prior to the filing of an application. Once the preapplication procedure is completed the application shall be made in writing and shall be accompanied by a general development plan.

(j)

Application and general development plan. The general development plan shall include the following:

(1)

An application as provided elsewhere in this article for a special use permit for a planned development and a change of zoning where such change is required for the approval of the planned development.

(2)

A plat of the site prepared by a registered land surveyor.

(3)

A topographic map of the site with a contour interval of not more than two feet.

(4)

A preliminary development plan drawn to scale showing:

a.

Streets.

b.

Lots for single-family homes.

c.

Lots or parcels for all other residential uses.

d.

Lots or parcels for all nonresidential uses.

e.

Parcels to be conserved, dedicated or reserved for open space and recreational uses, school sites and similar public uses.

f.

Easements.

g.

Setback lines.

(5)

A site plan or plans showing:

a.

The location of all buildings other than single-family homes.

b.

Pedestrian circulation.

c.

Parking areas and drives.

(6)

A landscape plan or plans showing:

a.

A landscape plan for all public areas, street rights-of-way, recreational facilities and other open space areas.

b.

Typical landscape plans for all residential areas or types of residential units.

c.

Typical landscape plans for all nonresidential areas.

d.

An outdoor lighting plan.

(7)

A development schedule indicating the area and location of common open space that will be provided at each stage of development.

(8)

A natural resources evaluation prepared by the Lake County Soil and Water Conservation District for any proposed development lying within the jurisdiction of the district. In general, area within the jurisdiction of the district includes any area to be annexed to the city since 1957.

(9)

The payment of such fees as may be established by ordinance. In addition, the developer shall agree to reimburse the city for the actual cost of review services to be provided by traffic, engineering and planning consultants which the city may employ to assist in the evaluation of the proposed development. Such fees need not be paid upon application but must be paid prior to the issuance of the conditional use permit.

(10)

One reproducible copy of the development plan and a sufficient number of copies as required by the director of planning and zoning for distribution to public agencies and use by the city in considering the application.

(11)

One reduced copy of the development plan of 8½ by 11 inches on clear film for use on an overhead projector and a print of the reduced copy for broader public use.

(12)

A drawing and a clear film of 8½ by 11 inches showing the location of the development in relation to known reference points.

(13)

The final approved general development plan shall include the appropriate notations and places for review and approvals as determined by the director of engineering and/or the director of planning and zoning. Such plan shall also include the appropriate seal and certification of surveyors, engineers, architects and planners attesting to the general development plan as provided herein.

(k)

Supporting information. The application and development plan shall be accompanied by the following supporting information:

(1)

Front elevations or perspective drawings in sketch form of all proposed structures and improvements except single-family residences and their accessory buildings. The drawings need not be the result of final architectural decisions, but shall be in sufficient detail to accurately portray the buildings proposed and their relationship to the plan.

(2)

An inventory and evaluation of all significant environmental features of the site, including, but not limited to lakes, streams, ponds, marshes, wildlife habitat, soil conditions, mineral deposits, including sand and gravel, floodplains, wooded areas and plant materials, and including the effect of development on watersheds. The evaluation shall indicate any limitations resulting from natural conditions on the site which would restrict the development of the site for the urban purpose permitted under this chapter generally, or this section specifically.

(3)

A written report containing a detailed explanation and statistical summary of the size and character of the planned development and the manner in which it has been planned to:

a.

Take advantage of the provisions of this section.

b.

Conserve the significant natural features of the site.

c.

Avoid, or otherwise overcome, any natural limitations of the site.

(4)

Agreements, bylaws, provisions or covenants which govern the use, maintenance and continued protection of the planned development and any of its common open areas, streets, parking facilities or other facilities and improvements.

(5)

The developer may request variations from the standards imposed in this section or otherwise established by this chapter, provided:

a.

Each variation is requested in writing or as a part of the plan report.

b.

Each variation is approved by the city council.

c.

Each variation is set forth in the ordinance establishing the planned development.

(6)

Agreements between the developer and the school and park districts in which the proposed development is located covering any donations of land for school or park purposes or cash donations in lieu thereof. Such agreements shall be subject to the approval of the corporate authorities of the city.

(l)

Approval of the planned development.

(1)

The plan commission shall review the general development plan and the supporting information, and make its recommendation to the zoning board within 30 days after a complete application has been received from the petitioner.

(2)

The zoning board shall then conduct a public hearing on the proposed planned development as acted upon by the plan commission as provided by law and after payment of the required fees. A copy of the development plan and required supporting information shall be available at the public hearing and in the city hall subsequent to the publication of the hearing notice. The zoning board shall recommend to the city council approval, or disapproval, of the development plan, or in response to testimony or objections voiced at the public hearing, approval of the development plan with modifications.

(3)

The city council shall, by resolution, approve or disapprove the development plan with modifications or additional specific standards. Upon approval of the development plan, the city council shall cause to be issued a special use permit authorizing the planned development in conformance to the approved development plan.

(4)

Status of an approved plan.

a.

Zoning. The approved general development plan shall establish the particular zoning requirements for the planned development.

b.

Subdivision regulations. The approved preliminary development plan shall serve the purpose of an approved preliminary plat for the planned development, and the developer shall be entitled to proceed to final plat preparation for portions of the development schedule contained in the plan. There shall be a separate fee for a final subdivision plat as set forth in section 82-47 when such plat is submitted as part of a planned unit development.

(5)

Final plats shall be approved in conformance to the procedure established in chapter 82.

(m)

Modification of approved plans.

(1)

Major change. The following modification of the approved plan shall require the resubmission of an amended general development plan and a complete review as provided for above:

a.

Any increase in the total number of dwelling units.

b.

Any increase in a specific type of dwelling unit.

c.

The addition of any use or building not approved as part of the development plan.

d.

Any reduction in the type of street or other engineering improvement as approved in the plan.

e.

Any reduction in the amount of open space to be provided.

f.

Any general rearrangement of buildings and open spaces, streets or entrances to the development.

(2)

Other plan changes. All other changes in the plan shall be handled at the final plat stage by the director of engineering or upon the issuance of a building permit by the building inspector.

(Ord. No. 65-0-18, § 9.8, 4-6-65; Ord. No. 78-0-63, § 1, 12-5-78; Ord. No. 84-0-60, § 1, 10-2-84; Ord. No. 91-0-4, § I, 1-7-91; Ord. No. 91-0-48, § I, 5-6-91; Ord. No. 93-0-76, § I, 12-6-93; Ord. No. 94-0-100, § I, 12-5-94)

Cross reference— Subdivisions, ch. 82.

(a)

No temporary, portable or nonpermanent structure shall be permitted in any district for purposes of human habitation on a temporary or permanent basis. For the purposes of this section, nonpermanent structure shall include any mobile home, trailer, recreational vehicle, camper, tent or similar unit, or any vehicle or structure for which a building permit was not issued.

(b)

Notwithstanding the foregoing, the city council may, after a hearing before and recommendation by the zoning board of appeals, grant a special permit authorizing temporary, portable or nonpermanent structures in the G-I (general industrial) district subject to compliance with the following standards, terms and conditions:

(1)

The applicant can show that it would not be structurally feasible to construct a permanent building on the site.

(2)

The structure shall be screened from adjacent properties in accordance with plans approved by the zoning board of appeals and the city council.

(3)

The structures shall be structurally sound and in habitable condition.

(4)

The structures shall be installed on a concrete foundation or slab and shall be properly anchored in accordance with all applicable building codes.

(c)

Above ground bulk storage of fuel or hazardous liquids is prohibited in all residential and commercial zoning districts. Above ground bulk storage of fuel or hazardous liquid within LM Light Manufacturing district, the G1 General Industry district and upon city and park district properties, shall be limited to not more than 5,000 gallons total per site provided that such use is accessory to the principal use of the site. Within the LM and G1 zoning districts, above ground storage of fuel or hazardous liquids of 5,000 gallons or more but not exceeding 20,000 gallons may be permitted by special use permit. Above ground bulk storage of fuel or hazardous liquids who's site total would exceed 20,000 gallons is prohibited. All bulk storage facilities shall be designed and constructed to conform with all state regulations and shall have been approved by the local fire chief.

(Ord. No. 65-0-18, § 9.9, 4-6-65; Ord. No. 81-0-38, § 1, 5-19-81; Ord. No. 93-0-15, § I, 4-5-93; Ord. No. 2002-0-28, § 1, 4-16-02)

Cross reference— Definitions and rules of construction generally, § 1-2.

No temporary, portable or nonpermanent structure shall be used for any business purpose on either a temporary or permanent basis. For the purposes of this section, nonpermanent structure shall include any mobile home, trailer, recreational vehicle, camper, tent or similar unit, or any vehicle or structure for which a building permit was not issued.

(Ord. No. 65-0-18, § 9.10, 4-6-65; Ord. No. 81-0-38, § 1, 5-19-81)

Cross reference— Definitions and rules of construction generally, § 1-2.

Any person may obtain a temporary special use permit or variance from the building inspector. Such application shall be made at least ten days prior to bringing such vehicle to the construction location within the city. A fee of $20.00 shall be charged for such a permit if application is made prior to bringing a construction trailer to the construction location. If such application is made after bringing the construction trailer to the construction site, a $500.00 penalty shall be added to the fee.

(Ord. No. 65-0-18, § 9.11, 4-6-65; Ord. No. 81-0-38, § 1, 5-19-81; Ord. No. 19-O-14, § I, 5-7-19)

Cross reference— Manufactured homes and trailers, ch. 58.

Editor's note— Ord. No. 11-O-58A, § II, adopted Dec. 6, 2011, repealed § 102-162, which pertained to location, construction, and installation of; television and radio antenna, personal wireless communication facilities, towers and satellite dishes and derived from Ord. No. 98-0-5, § 1, adopted Jan. 6, 1998.

(a)

It shall be unlawful to install or continue the use of an outdoor public telephone, including any telephone booth, or pay telephone, on any property or attached to the outside of any building or structure provided unless it is determined by the director of building and zoning in consultation with the chief of police that the placement and location of the public telephone will not be detrimental to the public welfare nor injurious to other property or improvements in the neighborhood in which it is located.

(b)

Any existing public telephones, including any telephone booths, or pay telephones shall be removed if it is determined by the director of building and zoning in consultation with the chief of police that the public telephones are detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which they are located.

(c)

Upon application of an owner or lessee, the city council in its discretion may entertain a request to waive the provisions of this section.

(d)

Any person, firm or entity which is found guilty of violating this section shall be fined not less than $100.00 nor more than $500.00 for each offense. Each day a violation continues shall constitute a separate offense.

(Ord. No. 04-O-40, § 2, 12-21-04)