The purpose of this article is to:
A.
Set forth the uses that are permitted within each base zoning district;
B.
Prohibit uses, buildings or structures which are incompatible with
the character of surrounding development and
C.
Provide standards for those uses that present specific concerns,
and therefore, require limitations on the intensity of use, land area,
site design, and other factors appropriate to each class of use.
In addition to the standards set forth in this article, the
uses addressed by this article shall also be governed by the standards
and limitations otherwise set forth in this Ordinance. To the extent
that a conflict exists between the standards set forth in this article
and the standards set forth elsewhere in the UDO, the standards set
forth in this article shall control.
|
A.
Basis for classification. The categories and subcategories established
below are not zoning districts, rather they relate to uses or activities
that occur in specific zoning districts. The use categories and subcategories
divide all uses into easily identifiable classification groups to
aid in specifying and regulating uses.
Commentary:
Use categories and subcategories classify land uses and activities
based upon common functional, product, or physical characteristics
and provide a systematic basis for assigning land uses to appropriate
zoning districts. The North American Industry Classification System
(NAICS) Codes are provided for most uses listed in the Permitted Uses
Table below. The NAICS Codes are a six-digit system for classifying
business establishments that replaced the Standard Industry Classification
(SIC) system. NAICS is the industry classification system used by
U.S. Statistical Agencies. More information can be found at: http://www.census.gov/eos/www/naics/
B.
C.
Key Concept:
Types of uses. Each use category contains one or more subcategories.
Within each use subcategory, there are uses that are:
1.
Permitted by right, known as principal permitted uses. Principal
permitted uses are activities and uses that are permitted by right
within specific zoning districts. Principal permitted uses are indicated
with a "P" in Table 2-300, Permitted Uses Table;
2.
Permitted by right, provided specific criteria are met, known
as limited uses. Limited uses must meet specific criteria listed in
this article prior to initiation of the use. Limited uses are indicated
with a "L" in Table 2-300, Permitted Uses Table;
3.
Permitted upon approval of a special use permit, known as special
uses. Special uses require review and approval by the City Council
following recommendations from the Planning and Zoning Commission,
prior to initiation of the use. Special uses are indicated with an
"S" in Table 2-300, Permitted Uses Table;
[Amended 10-6-2020 by Ord. No. 7656]
4.
Permitted upon approval of a temporary use permit, known as
temporary uses. Temporary uses must meet specific criteria listed
in this article or receive City Council approval, if necessary, prior
to initiating the use. Temporary uses are indicated with a "T" in
Table 2-300, Permitted Uses Table;
5.
Prohibited Uses.
[Amended 10-6-2020 by Ord. No. 7656]
a.
Uses that are specifically prohibited through this Ordinance
either by their designation as a prohibited use in the text of this
Ordinance or a use indicated with a blank cell across all districts
in Table 2-200, Permitted Uses Table.
b.
Uses which are not listed in this article and for which the
Zoning Administrator has not made a determination that a substantially
similar use exists in this article, pursuant to Section 2-200D, are
prohibited, unless a text amendment to incorporate the specific use
is adopted by the City Council.
D.
Interpretation.
1.
In the event a particular use is not listed in this article,
and such use is not specifically listed as a prohibited use and is
not otherwise prohibited by law, the Zoning Administrator shall determine
whether a substantially similar use exists in this article. If the
Zoning Administrator determines that a substantially similar use exists,
the regulations governing that use shall apply to the particular use
not listed and the Zoning Administrator's decision shall be recorded
in writing. In determining whether a use is substantially similar
to a use which is addressed by this UDO, the Zoning Administrator
shall consider whether the particular use falls within the same Industry
(five-digit) Classification of the North American Industry Classification
Manual (Executive Office of the President, Office of Management and
Budget, 2007, or subsequent editions) ("NAICS") as a use described
by this Ordinance, and if the proposed use does not generate trips
exceeding other uses proposed in the zoning district by more than
10%, as determined by the Institute of Transportation Engineering,
Trip Generation (7th ed. 2003, or subsequent editions); which documents
are hereby incorporated by this reference.
2.
Where the Zoning Administrator determines that a use not mentioned
is of a type, scope, or impact that does not fit any existing use
category, the Zoning Administrator may request that the Planning and
Zoning Commission and City Council initiate the process for a text
amendment to incorporate the specific use into this Ordinance at its
proposed location. An approval does not create a right for a similar
use within the same zoning category.
[Amended 10-6-2020 by Ord. No. 7656]
The permitted, limited, special, temporary and prohibited uses
within each zoning district are listed in Table 2-300.
For the convenience of the reader, cross-references to applicable
limited and special use criteria are listed in the second-last column
of Table 2-300. However, the failure to include a cross-reference
does not indicate that other regulations listed elsewhere in this
Ordinance do not apply.
The last column references the 2007 NAICS code for the Use Type.
TABLE 2-300 PERMITTED USES TABLE
F
|
E
|
RE
|
R-1
|
R-2
|
R-3A
|
R-3B
|
R-O[1]
|
O
|
B-1
|
B-2
|
B-4
|
M-L
|
M
|
W
|
Use Criteria
|
NAICS
| ||
---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
RESIDENTIAL
| ||||||||||||||||||
Household Living
|
Single-Family Detached Dwelling
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
S
|
L
|
2-400C-1
|
—
| |||||
Two-Family Dwelling
[Amended 12-11-2017 by Ord. No. 7419] |
P
|
P
|
P
|
S
|
2-400C-1
|
—
| ||||||||||||
Single-Family Attached Dwelling
[Amended 10-6-2020 by Ord. No. 7656] |
P
|
P
|
S
|
2-400C-1
|
—
| |||||||||||||
Multifamily Dwelling
|
P
|
S
|
2-400C-1
|
—
| ||||||||||||||
Upper Story Dwelling above nonresidential use
|
P
|
—
| ||||||||||||||||
Manufactured Housing Park
|
S
|
2-400C-2
|
—
| |||||||||||||||
Home Occupation
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-3
|
—
| ||||||
Home Kitchen and Cottage Food Operation
[Added 3-1-2016 by Ord.
No. 7200; amended 12-11-2017 by Ord. No. 7419] |
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-68
| ||
Congregate Living
[Amended 12-11-2017 by Ord. No. 7419; 10-6-2020 by Ord. No. 7656] |
Nursing Care Facility
|
S
|
S
|
S
|
S
|
S
|
S
|
2-400C-5
|
623110
| |||||||||
Age-Restricted Independent Living
|
S
|
S
|
S
|
S
|
S
|
S
|
L
|
S
|
S
|
2-400C-5
|
623311
| |||||||
Family Care I
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-6
|
—
| ||||||||
Family Care II
|
L
|
L
|
2-400C-6
| |||||||||||||||
Recovery Residence
|
S
|
S
|
2-400C-72
|
623220
| ||||||||||||||
COMMERCIAL
| ||||||||||||||||||
Retail Uses
| ||||||||||||||||||
Drive-through
|
Drive-through (excluding drive-through for food service or office
uses)
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-7
|
—
| |||||||||
Outdoor Sales, Storage or Display
|
Outdoor Sales, Service, Storage or Display (as accessory use)
|
L
|
L
|
L
|
L
|
L
|
2-400C-8
|
—
| ||||||||||
Motor Vehicle and Parts Dealers
|
Automobile Dealers1
|
L
|
L
|
2-400C-9
|
—
| |||||||||||||
Other Motor Vehicle Dealers
|
L
|
L
|
2-400C-10
|
—
| ||||||||||||||
Automotive Parts, Accessories and Tire Stores
|
P
|
P
|
4413
| |||||||||||||||
Automotive Accessory Sales and Installation
|
P
|
P
|
—
| |||||||||||||||
Internet Auto Sales
[Added 3-1-2016 by Ord.
No. 7200; amended 12-11-2017 by Ord. No. 7419] |
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-70
| ||||||||||
Rental and Leasing Services
|
Passenger Car Rental and Leasing
|
L
|
L
|
2-400C-9
|
53211
| |||||||||||||
Truck, Utility Trailer, and RV (Recreational Vehicle) Rental
and Leasing
|
L
|
L
|
2-400C-10
|
53212
| ||||||||||||||
Vehicle Repair and Maintenance
|
Automotive Repair, Minor
|
P
|
P
|
P
|
P
|
—
| ||||||||||||
Automotive Repair, Major2
[Amended 1-18-2011 by Ord. No. 6641] |
S
|
S
|
S
|
L
|
2-400C-11
|
—
| ||||||||||||
Automotive Oil Change and Lubrication Shops
|
P
|
P
|
P
|
P
|
811191
| |||||||||||||
Car Washes3
[Amended 9-19-2023 by Ord. No. 7964] |
S
|
2-400C-12
|
811192
| |||||||||||||||
Major Automotive Repair uses with Automobile Dealer as an ancillary
use
[Added 11-5-2013 by Ord. No. 6970] |
L
|
L
|
2-400C-64
| |||||||||||||||
Furniture and Home Furnishings Stores
[Amended 10-6-2020 by Ord. No. 7656] |
Furniture Stores
|
P
|
P
|
L
|
L
|
2-400C-73
| ||||||||||||
Floor Covering Stores
|
P
|
P
|
P
|
L
|
2-400C-73
| |||||||||||||
Window Treatment Stores
|
P
|
P
|
L
|
L
|
2-400C-73
| |||||||||||||
All Other Home Furnishings Stores
|
P
|
P
|
L
|
L
|
2-400C-73
| |||||||||||||
Appliance, Television, and Other Electronics Stores
|
Household Appliance Stores
|
P
|
P
|
443111
| ||||||||||||||
Radio, Television, and Other Electronics Stores
|
P
|
P
|
443112
| |||||||||||||||
Computer and Software Stores
|
Computer and Software Stores
|
P
|
P
|
443120
| ||||||||||||||
Camera and Photographic Supplies Stores
|
Camera and Photographic Supplies Stores
|
P
|
P
|
P
|
443130
| |||||||||||||
Postal Packaging
|
Postal Packaging
|
P
|
P
|
P
|
P
|
P
|
—
| |||||||||||
Building Material and Supplies Dealers
[Amended 10-6-2020 by Ord. No. 7656] |
Home Centers
|
P
|
P
|
L
|
L
|
2-400C-73
|
444110
| |||||||||||
Paint and Wallpaper Stores
|
P
|
P
|
L
|
L
|
2-400C-73
|
444120
| ||||||||||||
Hardware Stores
|
P
|
P
|
L
|
L
|
2-400C-73
|
444130
| ||||||||||||
Other Building Material Dealers
|
P
|
P
|
L
|
L
|
2-400C-73
|
444190
| ||||||||||||
Lawn and Garden Equipment and Supplies Stores
|
Outdoor Power Equipment Stores
|
P
|
P
|
P
|
444210
| |||||||||||||
Nursery, Garden Center, and Farm Supply Stores
|
P
|
P
|
444220
| |||||||||||||||
Food and Beverage Stores
|
Supermarkets and Other Grocery (except Convenience) Stores
[Amended 11-5-2013 by Ord. No. 6970] |
P
|
P
|
P
|
445110
| |||||||||||||
Convenience Stores
|
P
|
P
|
P
|
445120
| ||||||||||||||
Meat, Fish and Seafood Markets and Fruit and Vegetable Store
|
P
|
P
|
P
|
4452
| ||||||||||||||
Baked Goods Stores
|
P
|
P
|
P
|
445291
| ||||||||||||||
Confectionery and Nut Stores
|
P
|
P
|
P
|
445292
| ||||||||||||||
Food and Beverage Stores
|
All Other Specialty Food Stores
|
P
|
P
|
445299
| ||||||||||||||
Beer, Wine, and Liquor Stores (off-premise consumption of liquor)4
|
P
|
P
|
445310
| |||||||||||||||
Health and Personal Care Stores
|
Pharmacies and Drug Stores
|
P
|
P
|
P
|
446110
| |||||||||||||
Cosmetics, Beauty Supplies and Perfume Store
|
P
|
P
|
446120
| |||||||||||||||
Optical Goods Stores
|
P
|
P
|
P
|
446130
| ||||||||||||||
Food (Health) Supplement Stores
|
P
|
P
|
446191
| |||||||||||||||
All Other Health and Personal Care Stores
|
P
|
P
|
446199
| |||||||||||||||
Gasoline Stations
|
Gasoline Stations (with and without convenience stores)
|
S
|
S
|
S
|
S
|
2-400C-13
|
447
| |||||||||||
Clothing and Clothing Accessories Stores
|
Clothing Stores
|
P
|
P
|
4481
| ||||||||||||||
Shoe Stores
|
P
|
P
|
448210
| |||||||||||||||
Jewelry Stores
|
P
|
P
|
448310
| |||||||||||||||
Luggage and Leather Goods Stores
|
P
|
P
|
448320
| |||||||||||||||
Sporting Goods, Hobby, Book, and Music Stores
|
Sporting Goods Stores
|
P
|
P
|
451110
| ||||||||||||||
Hobby, Toy, and Game Stores
[Amended 10-7-2014 by Ord. No. 7055] |
S
|
P
|
P
|
451120
| ||||||||||||||
Sewing, Needlework, and Piece Goods Stores
|
P
|
P
|
451130
| |||||||||||||||
Musical Instrument and Supplies Stores
[Amended 10-6-2020 by Ord. No. 7656] |
P
|
P
|
P
|
451140
| ||||||||||||||
Book Stores
[Amended 10-6-2020 by Ord. No. 7656] |
P
|
P
|
P
|
451211
| ||||||||||||||
Prerecorded Tape, Compact Disc, and Record Stores
|
P
|
P
|
451220
| |||||||||||||||
General Merchandise Stores
|
Department Stores (including Discount Department Stores)
|
P
|
P
|
4521
| ||||||||||||||
Warehouse Clubs and Supercenters
|
P
|
452910
| ||||||||||||||||
All Other General Merchandise Stores
|
P
|
P
|
452990
| |||||||||||||||
Miscellaneous Store Retailers
|
Florists
|
P
|
P
|
P
|
453110
| |||||||||||||
Office Supplies and Stationery Stores
|
P
|
P
|
P
|
453210
| ||||||||||||||
Gift, Novelty, and Souvenir Stores
[Amended 12-6-2014 by Ord. No. 7082] |
S
|
P
|
P
|
453220
| ||||||||||||||
Used Merchandise Stores
[Amended 11-19-2013 by Ord. No. 6972] |
S
|
S
|
2-400C-14
| |||||||||||||||
Antique Store/Antique Mall
[Added 11-19-2013 by Ord. No. 6972] |
P
|
P
|
P
| |||||||||||||||
Consignment Store
[Added 11-19-2013 by Ord. No. 6972; amended 8-15-2017 by Ord. No. 7390] |
P
|
P
| ||||||||||||||||
Junk Store
[Added 11-19-2013 by Ord. No. 6972] | ||||||||||||||||||
Flea Market
[Added 11-19-2013 by Ord. No. 6972] | ||||||||||||||||||
Pet and Pet Supplies Stores
|
P
|
P
|
453910
| |||||||||||||||
Art Dealers
|
P
|
P
|
453920
| |||||||||||||||
Manufactured (Mobile) Home Dealers
|
P
|
P
|
453930
| |||||||||||||||
Tobacco Stores
|
P
|
453991
| ||||||||||||||||
All Other Miscellaneous Store Retailers (except Tobacco Stores)
|
P
|
P
|
453998
| |||||||||||||||
Temporary Retail Use Activity5
[Amended 1-18-2011 by Ord. No. 6641; 9-19-2023 by Ord. No. 7964] |
L
|
L
|
2-400C-59
| |||||||||||||||
Cannabis dispensary
[Added 10-1-2019 by Ord.
No. 7576; amended 9-19-2023 by Ord. No. 7964] |
S
|
2-400C-76
| ||||||||||||||||
Consumption Lounge
[Added 9-19-2023 by Ord.
No. 7964] | ||||||||||||||||||
Service Uses
| ||||||||||||||||||
Home and Garden Equipment and Appliance Repair and Maintenance
|
Home and Garden Equipment Repair and Maintenance
|
P
|
P
|
P
|
811411
| |||||||||||||
Appliance Repair and Maintenance
|
P
|
P
|
P
|
P
|
811412
| |||||||||||||
Reupholstery and Furniture Repair
|
Reupholstery and Furniture Repair
|
P
|
P
|
P
|
P
|
811420
| ||||||||||||
Footwear and Leather Goods Repair
|
Footwear and Leather Goods Repair
|
P
|
P
|
P
|
811430
| |||||||||||||
Other Personal and Household Goods Repair and Maintenance
|
Other Personal and Household Goods Repair and Maintenance
|
P
|
P
|
811490
| ||||||||||||||
Personal and Laundry Services
|
Barber Shops
|
P
|
P
|
P
|
P
|
P
|
812111
| |||||||||||
Beauty Salon
|
P
|
P
|
P
|
P
|
P
|
812112
| ||||||||||||
Nail Salons
|
P
|
P
|
P
|
P
|
812113
| |||||||||||||
Spa
|
P
|
P
|
P
|
—
| ||||||||||||||
Diet and Weight Reducing Centers
|
P
|
P
|
P
|
P
|
P
|
812191
| ||||||||||||
Tanning salons
|
P
|
P
|
P
|
P
|
—
| |||||||||||||
Massage (Therapeutic) Establishments
[Amended 6-3-2014 by Ord. No. 7034; 8-2-2016 by Ord. No. 7247; 9-19-2023 by Ord. No. 7964] |
L
|
L
|
L
|
L
|
2-400C-65
|
—
| ||||||||||||
Tattoo Studios and Permanent Makeup
[Amended 10-6-2020 by Ord. No. 7656; 5-4-2021 by Ord. No. 7706; 9-19-2023 by Ord. No. 7964] |
P
|
P
|
—
| |||||||||||||||
Tailor and Dressmaking Shop (including alterations and repair)
|
P
|
P
|
P
|
P
|
—
| |||||||||||||
Other Personal Care Services
|
P
|
P
|
812199
| |||||||||||||||
Funeral Homes
[Amended 11-5-2013 by Ord. No. 6970] |
L
|
L
|
L
|
2-400C-63
|
812210
| |||||||||||||
Crematories
[Amended 11-5-2013 by Ord. No. 6970] |
L
|
L
|
L
|
2-400C-15
| ||||||||||||||
Dry-cleaning and Laundry Services (not including Industrial
Launderers)
|
P
|
P
|
P
|
P
|
8123
| |||||||||||||
Industrial Launderers
|
P
|
P
|
812332
| |||||||||||||||
Pet Care
[Amended 7-1-2014 by Ord. No. 7040] |
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-16
|
812910
| |||||||||
Photofinishing Laboratories (including 1-Hr)
|
P
|
P
|
P
|
81292
| ||||||||||||||
Food Services and Drinking Places
|
Full-Service Restaurants
|
S
|
S
|
P
|
P
|
722110
| ||||||||||||
Limited-Service Restaurants
|
P
|
P
|
P
|
L
|
2-400C-17
|
722211
| ||||||||||||
Cafeterias, Grill Buffets, and Buffets
|
P
|
P
|
722212
| |||||||||||||||
Snack and Nonalcoholic Beverage Bars
|
S
|
P
|
P
|
L
|
2-400C-17
|
722213
| ||||||||||||
Smoking Lounge/Hookah Bar
| ||||||||||||||||||
Caterers
|
P
|
P
|
P
|
722320
| ||||||||||||||
Drinking Places (Alcoholic Beverages)
|
S
|
S
|
2-400C-18
|
722410
| ||||||||||||||
Sidewalk or patio outdoor seating
|
L
|
L
|
L
|
L
|
L
|
2-400C-19
|
—
| |||||||||||
Drive-through (For food-service use)
|
S
|
S
|
L
|
L
|
L
|
2-400C-7
|
—
| |||||||||||
Consumer Goods Rental
|
Consumer Electronics and Appliances Rental
|
P
|
P
|
532210
| ||||||||||||||
Formal Wear and Costume Rental6
|
P
|
P
|
532220
| |||||||||||||||
Video Tape and Disc Rental
|
P
|
P
|
P
|
532230
| ||||||||||||||
Home Health Equipment Rental
|
P
|
P
|
532291
| |||||||||||||||
Recreational Goods Rental
|
P
|
P
|
532292
| |||||||||||||||
All Other Consumer Goods Rental
|
P
|
P
|
P
|
532299
| ||||||||||||||
General Rental Centers
|
P
|
P
|
532310
| |||||||||||||||
Educational Services
|
Nursery School, Pre-school
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-20
| ||||||||||
Elementary and Secondary Schools
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
2-400C-21
|
611110
| ||||||||
Junior Colleges
[Amended 11-5-2013 by Ord. No. 6970] |
P
|
P
|
P
|
P
|
P
|
611210
| ||||||||||||
Colleges, Universities and Professional Schools
|
S
|
S
|
S
|
S
|
2-400C-22
|
611310
| ||||||||||||
Business and Secretarial Schools
|
P
|
P
|
P
|
P
|
P
|
611410
| ||||||||||||
Computer Training
|
P
|
P
|
P
|
P
|
P
|
611420
| ||||||||||||
Professional and Management Development Training
|
P
|
P
|
P
|
P
|
P
|
611430
| ||||||||||||
Technical and Trade Schools (including Flight Training, Apprenticeship
Training and Other Technical and Trade Schools)
|
P
|
P
|
P
|
6115
| ||||||||||||||
Cosmetology and Barber Schools including Massage Therapist Instruction
|
P
|
P
|
P
|
P
|
611511
| |||||||||||||
Fine Arts Schools
|
P
|
P
|
P
|
P
|
P
|
611610
| ||||||||||||
Language Schools
|
P
|
P
|
P
|
P
|
P
|
611630
| ||||||||||||
Exam Preparation and Tutoring
|
P
|
P
|
P
|
P
|
P
|
611691
| ||||||||||||
Automobile Driving Schools
|
P
|
P
|
P
|
P
|
11692
| |||||||||||||
Business Service
|
Other Business Service Centers (including Copy Shops)
|
P
|
P
|
P
|
P
|
P
|
561439
| |||||||||||
Other Services
|
Carpet and Upholstery Cleaning Services (on customer's premises
only)
|
P
|
P
|
P
|
—
| |||||||||||||
Photography Studio, Portrait
[Amended 7-17-2018 by Ord. No. 7482; 10-6-2020 by Ord. No. 7656] |
P
|
P
|
P
|
P
|
P
|
P
|
P
|
541921
| ||||||||||
Signs
[Amended by Ord. No. 6732, 12-20-2011; 11-5-2013 by Ord. No. 6970] |
Electronic Message Center (EMC) Sign except Gasoline Electronic
Pricing Signs (as accessory use)
[Amended 12-11-2017 by Ord. No. 7419] |
S
|
L
|
2-400C-61
| ||||||||||||||
Gasoline Electronic Pricing Signs
|
L
|
L
|
L
|
L
|
2-400C-62
| |||||||||||||
Remote Storage location for a Repossession agency
[Added 10-15-2013 by Ord. No. 6967] |
S
| |||||||||||||||||
Repossession Agency
[Added 10-15-2013 by Ord. No. 6967] |
S
| |||||||||||||||||
Commercial Recreation
| ||||||||||||||||||
Commercial Recreation
|
Adult Uses
|
P
| ||||||||||||||||
Amusement and Theme Parks (including indoor/outdoor water parks)
|
S
|
2-400C-23
|
713110
| |||||||||||||||
Amusement Arcades
|
L
|
L
|
2-400C-24
|
713120
| ||||||||||||||
Ball Rooms, Dance Hall, Banquet Hall
[Amended 8-2-2016 by Ord.
No. 7247; 12-11-2017 by Ord. No. 7419; 10-6-2020 by Ord. No. 7656] |
P
|
P
|
S
|
S
|
2-400C-25
| |||||||||||||
Batting Cages
[Amended 12-11-2017 by Ord. No. 7419] |
L
|
L
|
L
|
L
|
2-400C-26
| |||||||||||||
Billiards Parlor/Billiards Room/Pool Hall/Pool Parlor
[Amended 10-6-2020 by Ord. No. 7656] |
L
|
P
|
P
|
S
|
S
|
2-400C-27
| ||||||||||||
Bowling Center
[Amended 10-6-2020 by Ord. No. 7656] |
P
|
P
|
S
|
S
|
713950
| |||||||||||||
Convention Center
[Amended 10-6-2020 by Ord. No. 7656] |
S
|
S
|
S
|
S
|
2-400C-28
| |||||||||||||
Golf Courses and Country Clubs
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
2-400C-29
| |||||||||
Golf Driving Range
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
| ||||||||||
Health Club
[Amended 10-6-2020 by Ord. No. 7656] |
P
|
P
|
P
|
S
| ||||||||||||||
Ice skating/roller skating rink
[Amended 12-11-2017 by Ord. No. 7419; 10-6-2020 by Ord. No. 7656] |
L
|
L
|
L
|
L
|
2-400C-26
| |||||||||||||
Large-scale Entertainment Venue
[Amended 12-11-2017 by Ord. No. 7419; 10-6-2020 by Ord. No. 7656] |
S
|
S
|
S
|
S
|
2-400C-30
| |||||||||||||
Lodge/Membership Club
[Amended 8-2-2016 by Ord.
No. 7247]; 10-6-2020 by Ord. No. 7656] |
P
|
P
|
P
|
P
|
S
| |||||||||||||
Marinas
|
P
|
P
|
713930
| |||||||||||||||
Mini Golf/Pitch-n-putt Golf
[Amended 12-11-2017 by Ord. No. 7419] |
L
|
L
|
L
|
L
|
2-400C-26
| |||||||||||||
Movie or other theater
|
P
|
P
| ||||||||||||||||
Nonresidential (indoor or outdoor) Swimming pools, wave pools
|
P
|
P
|
P
| |||||||||||||||
Physical fitness facilities, weight training centers, strength
development centers, weight loss center
[Amended 11-5-2013 by Ord. No. 6970] |
P
|
P
|
P
|
P
|
P
|
P
| ||||||||||||
Shooting Range
|
S
|
S
|
S
|
2-400C-31
| ||||||||||||||
Squash/Racquetball/Handball/Tennis Club Facility (as a principal
use)
[Amended 12-11-2017 by Ord. No. 7419] |
S
|
S
|
S
|
S
|
L
|
L
|
L
|
2-400C-32
| ||||||||||
Commercial Stables, including riding arenas
|
L
|
L
|
2-400C-33
| |||||||||||||||
All other amusement and recreation facilities
[Amended 10-6-2020 by Ord. No. 7656] |
S
|
S
|
Overnight
| |||||||||||||||
Lodging
| ||||||||||||||||||
Overnight Lodging
|
Hotels (except Casino Hotels) and Motels
|
S
|
S
|
S
|
2-400C-34
|
721110
| ||||||||||||
Resorts
|
S
|
2-400C-35
|
—
| |||||||||||||||
Bed-and-Breakfast Inn
[Amended 12-11-2017 by Ord. No. 7419] |
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-36
|
721191
| |||||||
Hostels
|
S
|
S
|
S
|
2-400C-37
|
—
| |||||||||||||
Tourist Homes
[Added 4-18-2023 by Ord. No. 7917] |
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-78
| ||||||||
Offices
| ||||||||||||||||||
Offices
|
Professional Offices
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
| |||||||||
Offices of Physicians, Offices of Dentists, Offices of Other
Health Practitioners
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
6211, 6212, 6213
| ||||||||||
Medical Laboratories and Diagnostic Imaging Centers
|
P
|
P
|
P
|
P
|
P
|
62151
| ||||||||||||
Financial Institutions including automatic teller machines,
bank/savings and loans, credit unions, currency exchange
|
P
|
P
|
P
|
P
|
—
| |||||||||||||
Standalone automatic teller machines
|
L
|
L
|
L
|
L
|
L
|
2-400C-38
|
—
| |||||||||||
Government Offices
|
P
|
P
|
P
|
P
|
P
|
P
|
—
| |||||||||||
Drive-Through (for Office Uses)
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-7
|
—
| ||||||||||
CIVIC
| ||||||||||||||||||
Information Uses
| ||||||||||||||||||
Information
|
Radio Station
|
P
|
515112
| |||||||||||||||
Television Broadcasting
|
P
|
P
|
P
|
515120
| ||||||||||||||
Sound Recording Studios
|
P
|
P
|
P
|
P
|
P
|
512240
| ||||||||||||
Teleproduction and other Postproduction Services
|
P
|
P
|
P
|
512191
| ||||||||||||||
Community Facilities
| ||||||||||||||||||
Community Facilities
|
Fire and Rescue Station, Police Station, Public-safety related
facility
[Amended by Ord. No. 6543] |
P
|
P
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||
Arts, Performing Arts Center
|
P
|
P
|
—
| |||||||||||||||
Library and Archives
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
519120
| ||||||
Museums
|
S
|
P
|
P
|
S
|
S
|
712110
| ||||||||||||
Zoos and Botanical Gardens
|
S
|
S
|
712130
| |||||||||||||||
Day Care
| ||||||||||||||||||
Day Care
|
Home Day Care, up to 8 children
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-39
|
—
| |||||||
Commercial Child Day-care center
|
S
|
S
|
L
|
S
|
S
|
2-400C-40
|
—
| |||||||||||
Medical Uses
| ||||||||||||||||||
Medical Facility
|
Outpatient Care Centers (including Freestanding Ambulatory Surgical
and Emergency Centers)
|
P
|
P
|
P
|
P
|
6214
| ||||||||||||
Blood and Organ Banks
|
P
|
P
|
P
|
621991
| ||||||||||||||
All Other Miscellaneous Ambulatory Health Care Services
|
P
|
P
|
P
|
P
|
P
|
621999
| ||||||||||||
Hospitals
|
S
|
S
|
S
|
S
|
2-400C-41
|
622
| ||||||||||||
Medical Facility
|
Veterinary Services
|
P
|
P
|
L
|
L
|
L
|
L
|
2-400C-42
|
541940
| |||||||||
Medical Cannabis Cultivation Center
[Added 6-17-2014 by Ord. No. 7038; amended 1-19-2021 by Ord. No. 7691] |
S
|
S
|
2-400C-66
| |||||||||||||||
Medical Cannabis Dispensary
[Added 6-17-2014 by Ord. No. 7038; amended 1-19-2021 by Ord. No. 7691] |
S
|
2-400C-67
| ||||||||||||||||
Social Assistance
| ||||||||||||||||||
Social Assistance
|
Temporary Shelters
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
2-400C-43
|
624221
| ||||||||
Community Food Services
|
S
|
S
|
S
|
624210
| ||||||||||||||
Religious Establishments
| ||||||||||||||||||
Religious Organization
|
Religious Organizations
|
P
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
2-400C-44
|
813110
| ||
Cemeteries, Columbarium and Mausoleums
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
2-400C-45
|
812220
| ||||
Parking and Transportation
| ||||||||||||||||||
Parking
|
Public Parking Lot
|
P
|
P
|
P
|
P
|
P
|
P
|
—
| ||||||||||
Public Parking Structure
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-46
|
—
| ||||||||||
Private Parking Lots
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
—
| |||||||||
Private Parking Structure
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
2-400C-46
|
—
| |||||||||
Electric Vehicle Charging Stations
[Added 3-1-2016 by Ord.
No. 7200; amended 12-11-2017 by Ord. No. 7419; 3-15-2022 by Ord. No. 7790] |
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-69
| ||
Transportation
|
Airport, Heliport
|
S
|
S
|
S
|
2-400C-47
|
—
| ||||||||||||
Bus Terminal
|
S
|
S
|
S
|
S
|
—
| |||||||||||||
Railroad Passenger Terminal
|
S
|
S
|
S
|
—
| ||||||||||||||
Freight Terminal (Air, Motor, Cargo)
|
S
|
—
| ||||||||||||||||
Taxi and Limousine Service
|
P
|
P
|
P
|
P
|
4853
| |||||||||||||
Utilities
| ||||||||||||||||||
Utilities
|
Environmental Monitoring Stations
|
P
|
—
| |||||||||||||||
Gas or electric power generation facility
|
P
|
—
| ||||||||||||||||
City Utilities (including but not limited to sewer treatment
plants, water supply related facilities, water treatment and purification
facilities)
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
—
| |||
Radio Transmission Towers
|
S
|
S
|
S
|
2-400C-48
|
—
| |||||||||||||
Wireless Communication Towers
|
S
|
S
|
S
|
2-400C-48
|
—
| |||||||||||||
Stealth-Designed Wireless Communication Antennas
[Added 12-11-2017 by Ord.
No. 7419; amended 6-18-2019 by Ord. No. 7553] |
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
2-400C-71
| ||
Small Wireless Facility
[Added 12-11-2017 by Ord.
No. 7419] |
P
|
P
|
P
|
P
|
P
| |||||||||||||
Commercial Overnight Delivery Box
|
S
|
S
|
S
|
S
|
S
|
S
|
—
| |||||||||||
Landfill and Transfer Station
|
S
|
2-400C-49
| ||||||||||||||||
Recycling Collection Center
|
S
|
S
|
—
| |||||||||||||||
Recycling Drop-off Point
|
S
|
S
|
S
|
S
|
—
| |||||||||||||
Recycling Facility
|
S
|
S
|
2-400C-50
|
—
| ||||||||||||||
Residential Wind or Solar Energy systems as an accessory use
[Amended 10-6-2020 by Ord. No. 7656] |
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
| ||||||||||
Wind Farms (utility-scale Turbines) as principal use
[Amended 10-6-2020 by Ord. No. 7656] |
S
|
S
| ||||||||||||||||
Solar Farm
[Added 10-6-2020 by Ord.
No. 7656] |
S
|
S
|
S
|
2-400C-74
| ||||||||||||||
Commercial Solar as an accessory use
[Added 10-6-2020 by Ord.
No. 7656] |
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-75
| |||||||||||
INDUSTRIAL
| ||||||||||||||||||
Industrial
[Amended 10-6-2020 by Ord. No. 7656] |
Light Industrial
|
P
|
P
| |||||||||||||||
Heavy Industrial
|
P
| |||||||||||||||||
Oil or Petroleum Processing
| ||||||||||||||||||
Concrete Batch Plant
|
S
|
2-400C-51
| ||||||||||||||||
Earth Extraction, Materials Processing and Stockpiling
|
S
|
2-400C-52
| ||||||||||||||||
All Other Noxious Uses
|
S
|
2-400C-53
|
—
| |||||||||||||||
Cannabis Infuser Processor
[Added 1-19-2021by Ord.
No. 7691] |
S
|
2-400C-77
| ||||||||||||||||
Cannabis Transporter
[Added 1-19-2021by Ord.
No. 7691] |
S
|
2-400C-77
| ||||||||||||||||
Warehousing, Distribution and Storage
| ||||||||||||||||||
Warehousing, Distribution and Storage
|
Bulk inside storage
|
S
|
S
|
—
|
—
| |||||||||||||
Self-storage, mini warehouses
|
S
|
S
|
2-400C-54
|
—
| ||||||||||||||
Warehousing distribution
|
L
|
P
|
2-400C-55
|
—
| ||||||||||||||
Parcel delivery and pick-up service
|
P
|
P
|
—
| |||||||||||||||
Outdoor sales, display and storage (as accessory use)
[Amended 10-6-2020 by Ord. No. 7656] |
L
|
L
|
2-400C-8
|
—
| ||||||||||||||
OPEN
| ||||||||||||||||||
Agricultural Uses
| ||||||||||||||||||
Agricultural
|
Agricultural Supplies and Equipment Sales
[Amended 10-6-2020 by Ord. No. 7656] |
P
|
—
| |||||||||||||||
Animal Raising (Specialized Farms for breeding and raising of
fish, pigeons, dogs, cats, horses and bees)
[Amended 10-6-2020 by Ord. No. 7656] |
P
|
S
|
S
|
S
|
2-400C-56
|
—
| ||||||||||||
Dairy, Livestock and Poultry Farms (excluding hog farms)
|
P
|
—
| ||||||||||||||||
Farms and Farmhouses
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
| |||||||||
Outdoor Sales and Display (as accessory use to farms)
[Amended by Ord. No. 6543; 10-6-2020 by Ord. No.
7656] |
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-8
|
—
| |||||||
Packing House for Fruits and Vegetables
|
S
|
—
|
—
| |||||||||||||||
Packing House for Meat
[Added 10-6-2020 by Ord.
No. 7656] |
S
| |||||||||||||||||
Silviculture
|
P
|
—
| ||||||||||||||||
Specialized Horticulture Operations including sod farms, flower
and vegetable gardens, orchards, greenhouses and wholesale nurseries
|
P
| |||||||||||||||||
Bee Production (Bee keeping, apiculture)
[Amended 10-6-2020 by Ord. No. 7656] |
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-58
|
—
| ||||||||
Cannabis Cultivation Center
[Added 1-19-2021by Ord.
No. 7691] |
S
|
S
|
2-400C-77
| |||||||||||||||
Cannabis Craft Grower
[Added 1-19-2021by Ord.
No. 7691] |
S
|
S
|
2-400-77
| |||||||||||||||
Parks and Open Space
| ||||||||||||||||||
Parks and Open Space
|
Campground
|
S
|
2-400C-57
|
—
| ||||||||||||||
Park
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
| ||
Preservation Areas
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
—
| ||
Private Recreation Field
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
—
| ||
Park and Recreation Facilities7
[Amended 1-18-2011 by Ord. No. 6641] |
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
L
|
2-400C-60
| ||||
TEMPORARY
[Amended 7-7-2009 by Ord.
No. 6475; by Ord. 6543; 12-20-2011 by Ord. No. 6765; 6-3-2014 by Ord. No. 7034; 8-2-2016 by Ord. No. 7247; 10-6-2020 by Ord. No. 7656] | ||||||||||||||||||
Temporary
|
Farming
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
2-500C-1
| |
Model Homes
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
2-500C-2
|
NOTES:
| |
1
|
Automobile Dealers shall include motorized bicycle shops; motor
scooters; motorbike; motorcycle; off-road all-terrain vehicles (ATVs),
wheeled or tracked and used motorcycle dealers.
|
2
|
Automotive Repair, Major shall include Automotive Exhaust System
and Transmission Repair; Automotive Body, Paint, and Interior Repair
and Maintenance and Automotive Glass Replacement Shops; Other Automotive
Mechanical and Electrical Repair and Maintenance.
|
3
|
Car Washes shall include full service and automatic and self-service
and non-automatic car washes
|
4
|
Beer, Wine, and Liquor Stores are subject to the application
and approval of a liquor license per the requirements of the City
Code.
|
5
|
A temporary retail use or activity is a use or activity that operates or locates with an intention of operating for no more than four months in a year. See Article 10, Definitions, for further details regarding Temporary Retail Use/Activity.
|
6
|
A Costume Rental comprises of establishments that are engaged
in renting clothing on a year-round basis. This use is distinct from
Temporary Retail Use/Activity that may rent clothing only for specific
limited periods during the year.
|
7
|
A noncommercial park, playground, or other recreation facility,
and/or open space officially designated as a public park, or recreation
facility by a public taxing body. This use includes community centers.
|
[1]
Added 12-11-2017 by Ord. No. 7419.
A.
Review of limited and special uses. This section describes the standards
for limited uses and special uses, including standards for buffering,
location, bulk and scale, as well as environmental standards. All
limited or special uses shall be reviewed by the City to ensure compliance
with the standards within this section. To the extent that a conflict
exists between the standards set forth in this section and the standards
set forth elsewhere in this Ordinance, the standard which is more
restrictive shall apply.
1.
Limited uses. Limited uses may be initiated after staff review and approval of a site plan, landscaping plan, architectural plans and any other information needed to verify compliance with these standards. Standards within this Ordinance may prohibit limited uses on certain properties. If any of the standards cannot be met, the use shall be reviewed as a special use, in accordance with the procedure and standards set forth in Article 9, Administration. If the principal use on site requires the approval of a special use, any accessory use that is a limited use in the district must also be approved as a special use.
2.
Special uses. In addition to a staff review, special uses require
a public hearing to accept public comment in accordance with Illinois
law. All special uses must meet the general standards as provided
below. Additionally, the use must also meet any specific standards
listed within the applicable Section within this article. Refer to
the "Development Application - Special Use Permits" handout, available
through the Community Development Department, for specific explanations
of submittal requirements, and for review procedures.
[Amended 6-3-2014 by Ord. No. 7034]
B.
General standards for all special uses. The following general standards
for all special uses are hereby established. The City Council may
authorize a special use as provided herein, upon determining and finding
as fact, the following:
1.
That the proposed use is necessary or desirable, at the location
involved, to provide a service or facility which will further the
public convenience and contribute to the general welfare of the neighborhood
or community.
2.
That the proposed use will not be detrimental to the value of
other properties or improvements in the vicinity.
3.
That the proposed use will comply with the regulations of the
zoning district in which it is located and this Ordinance generally,
including, but not limited to, all applicable yard and bulk regulations,
parking and loading regulations, sign control regulations, watershed,
wetlands, and floodplain regulations, Building and Fire Codes and
all other applicable City Ordinances.
4.
That the proposed use will not negatively impact the existing
off-site traffic circulation; will adequately address on-site traffic
circulation; will provide adequate on-site parking facilities; and,
if required, will contribute financially, in proportion to its impact,
to upgrading roadway and parking systems.
5.
That the proposed use will not negatively impact existing public
utilities and municipal service delivery systems and, if required,
will contribute financially, in proportion to its impact, to the upgrading
of public utility systems and municipal service delivery systems.
6.
That the proposed use will not impact negatively on the environment
by creating air, noise, or water pollution; ground contamination;
or unsightly views.
7.
That the proposed use will maintain, where possible, existing mature vegetation; provide adequate screening to residential properties; provide landscaping in forms of ground covers, trees and shrubs; and provide architecture, which is aesthetically appealing, compatible or complementary to surrounding properties and acceptable by community standards, as further detailed in Article 4, Development and Design Standards.
8.
That the proposed use will meet standards and requirements established
by jurisdictions other than the City such as federal, state or county
statutes requiring licensing procedures or health/safety inspections,
and submit written evidence thereof.
9.
That the proposed use shall conform to any stipulations or conditions
approved as part of a special use permit issued for such use.
10.
That the proposed use shall conform to the standards established
for specific special uses as provided in this section.
C.
Review criteria for specific uses. The following review criteria
for specific uses, to be approved as either limited or special uses
are hereby established.
1.
Single-family detached dwellings, two-family dwellings, single-family
attached dwellings, multifamily dwellings.
2.
Manufactured housing parks. All manufactured housing parks must
comply with the following criteria:
a.
Site area: The mobile home park must be sited on properties
or assemblies of properties that are at least four acres in size.
b.
Maximum residential density: The maximum net residential density
of a mobile home park shall not exceed nine units per acre.
c.
Removal of transportation equipment: Removal of transportation
equipment is required after delivery of the dwelling unit.
d.
Utility service: All dwelling units and other habitable structures
in the park are required to be served by buried electric lines.
e.
Setback: All development is required to meet the setback requirements for 'All other uses' in accordance with the provisions of Article 3, Density, Intensity and Dimensional Standards.
f.
Spacing between dwelling units: A minimum 15-foot setback from
any other dwelling unit, park driveway, or common building (e.g.,
laundry facilities) is required.
g.
Park roadways: Construct all park roadways using generally accepted
engineering practices to provide a minimum pavement width of 24 feet
to allow safe and adequate access to each dwelling unit space not
served by a public street abutting the park. Park roadways not connecting
to public streets shall include a minimum fifty-foot radius cul-de-sac;
h.
Perimeter landscaping: A perimeter buffer around the park in
accordance with the standards specified in Section 4-400, Landscaping
and screening standards shall be provided.
i.
Complete construction prior to occupancy: All required park
roadways, required utilities, common buildings, and active recreation
area for at least 15% of the dwelling units before any part of the
park is occupied is required.
3.
Home occupations. All home occupations must comply with the
following standards:
[Amended 11-5-2013 by Ord. No. 6970; 10-6-2020 by Ord. No. 7656]
a.
General: The use for the occupation must be clearly incidental
to the use of the dwelling as a residence, so that its existence is
not apparent except for the signage as provided in Section 4-1000,
Signs, of this Ordinance. Any home occupation must not alter the exterior
residential character of the dwelling or the neighborhood. All home
occupations must take place within the principal structure.
b.
Use:
The uses permitted as home occupations may include, but are
not limited to:
i.
Instruction in music, musical instruments, home crafts and arts
and dance, provided the total class size does not exceed four students
at any time;
ii.
Tutoring, limited to four students at any time;
iii.
Home day care, subject to the standards listed
in Section 203C-26;
iv.
Offices offering professional services including, but not limited
to, architects, brokers, engineers, insurance agents, lawyers, real
estate agents, accountants, consultants, stockbrokers, financial planners,
urban planners, etc.;
v.
Offices of salesmen, contractors, sales representatives or manufacturers
representatives, provided that no retail transaction shall take place
on the premises, except through telephone, facsimile, telegraph or
mail communication, electronic or wireless communication;
vi.
Studios of artists, authors, composers, photographers, sculptors;
vii.
Workrooms of dressmakers, seamstresses and tailors;
viii.
Workrooms for home crafts, crafts and trade people,
including but not limited to model making, rug weaving, lapidary work
and cabinet making;
ix.
Limited personal services, including, but not limited to, cosmetology,
beauty salon, barber shop, massage therapy, etc.;
x.
Office of a home-based call center agent;
xi.
Firearm sales through the internet.
The following uses are prohibited as home occupations:
(i)
|
Human or animal care facilities, such as hospitals, clinics,
tattoo, physical therapy, stables, dog or cat grooming, veterinarian
clinics, kennels/dog day care;
|
(ii)
|
Repair shop (excluding personal or small household goods repair
such as clock repair, cutlery sharpening, watch repair, etc.);
|
(iii)
|
Rooming/boarding house;
|
(iv)
|
Rental outlets (including but not limited to rental of mobile
homes, trailers, camper trailers);
|
(v)
|
Contractor yards;
|
(vi)
|
Scrap/salvage services;
|
(vii)
|
Automobile repair services;
|
(viii)
|
Eating and drinking establishments;
|
(ix)
|
General retail; and
|
(x)
|
Commercial farming, including orchards, fruit, vegetables, marijuana
or any cannabis or hemp-related plants, or other similar items grown
inside or outside of the structure, which is farmed for the purpose,
in whole or in part, to be sold to the public.
|
c.
Size: The home occupation may not occupy more than 20% or 500
square feet of the gross floor area of the dwelling unit, whichever
is less;
d.
Ownership: The home occupation must be managed by and owned
or under the principal control of a person residing in the dwelling
unit;
e.
Employment: Not more than one employee of the home occupation
may work in the dwelling than members of the immediate family living
in the structure. Appropriate off-street parking must be provided
for the nonresident employee;
f.
Site design: The site design must comply with the following
requirements:
i.
An entrance may not be specifically dedicated for the home occupation,
unless otherwise required by law;
ii.
No alteration may be made which changes the exterior residential
character or appearance of the dwelling. Home occupations that require
a structural alteration of the dwelling to comply with nonresidential
building codes are prohibited. This prohibition does not apply to
modifications required to comply with any accessibility requirements;
iii.
The home occupation may not require or use outdoor
storage or involve conducting business activity outdoors;
iv.
No commercial display of materials, merchandise, goods, or equipment
is visible from the exterior of the dwelling;
v.
Signage is restricted to an unlighted name plate or business
sign with an overall size of no more than one square foot, per the
provisions of Section 4-1000, Signs.
g.
Operation: The home occupation does not require the delivery
or shipment of materials, merchandise, goods, or equipment other than
by parcel delivery businesses. Sale of merchandise directly to customers
on premises is not permitted.
h.
The home occupation must be conducted so that it does not create
parking or traffic congestion or otherwise unreasonably interfere
with the peace and enjoyment of surrounding homes as places of residence;
and
i.
The home occupation must be operated in compliance with all
applicable laws and the terms and conditions of any state, federal
or local permit or license required in connection with the home occupation.
Note: Certain home occupations may require approval by the McHenry
County Health Department and involve modifications per the Building
Code. It is the applicant's responsibility to check and ensure that
all applicable McHenry County Health Department and all applicable
local, county, state and federal requirements are met.
|
5.
Nursing care facilities, continuing care retirement communities.
All nursing care facilities and continuing care retirement communities
must comply with the following standards:
a.
General: Applications for nursing care facilities and continuing
care retirement communities shall include a description of the proposed
use, including the maximum number of residents and the nature of the
condition or circumstances for which care, or a planned treatment
or training program will be provided, the number of staff and the
name of the agency responsible for regulating or sponsoring the use.
b.
Loading area: A drop-off/pick-up area in front of the building,
that can accommodate at least one 20 feet long vehicle and exclusive
of the required parking lot drive aisles, shall be provided. Depending
on the facility size, a larger area may be required to accommodate
additional vehicles.
c.
Natural features: The development plan shall identify all natural
features such as wetlands, water features, mature tree stands, steep
slopes and, where feasible, preserve these existing natural features.
d.
Recreational open space: Usable on-site open space appropriate
to the needs of the residents and the nature of the care, treatment
or training provided shall be provided.
e.
Other applicable regulations: The proposed facility shall maintain
all applicable licenses required by the appropriate agencies for the
use described in the application.
6.
Family care facilities. All family
care facilities must comply with the following criteria:
[Amended 10-6-2020 by Ord. No. 7656]
a.
Size requirements and occupancy limitation:
i.
For Family Care I there is a maximum of eight occupants allowed
per property.
ii.
For Family Care II there is a maximum of 12 occupants allowed
per property.
iii.
Every dwelling unit shall be subject to the following
requirements/limitations:
1.
Bedroom Space. All occupants
shall have bedroom space which meets the following criteria: 70 square
feet of bedroom space shall be provided in each bedroom occupied by
not more than one person. If more than one person occupies a bedroom,
such bedroom shall contain not less than 50 square feet per person.
2.
Living Room Space. Each dwelling
unit shall contain a common living room space meeting the following
criteria: 120 square feet of living room space for up to five occupants
and 150 square feet of living room space for six or more occupants.
Dining Space. Each dwelling unit shall
contain common dining space meeting the following criteria: 80 square
feet of dining space for up to five occupants and 100 square feet
of dining space for six or more occupants.
3.
Maximum Occupancy. Not more
than one person per 1,000 square feet of total lot area.
b.
These dwellings shall comply with all applicable state and federal
regulations, including the Illinois Accessibility Requirements, as
required by the licensing agency.
7.
Drive-through uses. Drive-through uses must comply with the
following standards:
a.
General:
i.
Drive-through windows and lanes shall not be placed between
the right-of-way of the primary street and the associated building.
ii.
Drive-through windows and lanes shall be placed to the side
or rear of the building served. Where allowed, as part of a planned
unit development approval or through a variation, drive-through windows
and lanes placed between the right-of-way of primary street and the
associated building shall require landscape plantings installed and
maintained along the entire length of the drive-through lane, located
between the drive-through lane and the adjacent right-of-way (not
including an alley) in accordance with the provisions of Section 4-400,
Landscaping and screening standards.
iii.
Drive-through windows shall not be permitted on
the side of a building adjoining any residential property.
b.
Special use required: Where a drive-through is adjacent to a
residential property, a special use is required.
Commentary:
Residential property includes both residentially zoned and residentially
used properties. Where adjacent properties are located outside City
limits, the use of the property, its zoning designation in the county
and the future land use designation in accordance with the City’s
Comprehensive Plan Map shall be considered.
c.
Stacking space criteria: Stacking spaces shall be provided for
any use having a drive-through. The following general standards shall
apply to all stacking spaces for drive-through stations:
i.
Stacking spaces and lanes for drive-through stations shall not
impede on and off-site traffic movement, shall not cross or pass through
off street parking areas, and shall not create a potentially unsafe
condition where crossed by pedestrian access to a public entrance
of a building.
ii.
Drive-through lanes shall be separated from off-street parking
areas. Individual lanes shall be striped, marked, or otherwise distinctly
delineated.
iii.
Bypass lanes and other parking lot drive aisles
immediately adjacent to the drive-through lane(s) shall maintain the
same direction of traffic flow as the drive-through.
iv.
Approach lanes for drive-through facilities shall have a minimum
width of 12 feet as measured from the face of the curb. The City Engineer
may administratively approve the following reductions in width for
constrained sites:
One lane:
|
reduction to 11 feet
|
Two or more lanes:
|
reduction to 10 feet per lane
|
v.
All drive-through facilities shall be provided with a bypass
lane with a minimum width of 10 feet.
vi.
Alleys or driveways in residentially zoned areas adjacent to
drive-through facilities shall not be used for the circulation of
customer traffic.
vii.
Each stacking space shall be a minimum of 10 feet
wide by 20 feet long.
viii.
All drive-through facilities shall be provided
with an "escape" route from an existing queue.
ix.
Estimates of anticipated drive-through traffic, processing rates,
or other operational data from other existing comparable facilities
shall be provided.
d.
Required number of stacking spaces for specific uses: The required
number of stacking spaces are to be provided before the location of
the first stop (order window, order pedestal, order board, etc.) The
uses below shall provide the following minimum numbers of stacking
spaces:
i.
Standalone automatic teller machines (ATM): three stacking spaces
per ATM.
[Amended by Ord. No. 6543]
ii.
Car wash: four stacking spaces per bay/stall for self-service
establishments and five stacking spaces per bay/stall for an automated
establishment.
iii.
Dry cleaning and laundry services: three stacking
spaces per lane.
iv.
Limited-service (fast food) restaurant (coffee/smoothie/donut/bakery
sales): eight stacking spaces total with at least four stacking spaces
between the order board and the first service window.
v.
Limited-service (fast food) restaurant (all others): Total nine
stacking spaces with a minimum of four stacking spaces between the
order board and the pick-up window. [Please refer to Section 4-1000,
Signs, as well as the handout - 'Signage for Limited-Service (Fast
Food) Restaurants for signage requirements]
[Amended 12-20-2011 by Ord. No. 6765]
vi.
Financial institutions: six stacking spaces for one drive-through
window/lane and four stacking spaces per window/lane for two or more
windows/lanes.
vii.
Pharmacies: six stacking spaces for one lane,
four stacking spaces per lane for two or more lanes.
viii.
All other uses: five stacking spaces for each
window, unless operational data supporting fewer spaces is provided
and administratively approved by the City Engineer.
Additional stacking spaces may be required by the City Engineer.
Please refer to Section 4-200, Off-street parking and loading, for
further clarification.
|
e.
Traffic study: A traffic study or impact analysis will be required
if, in the opinion of the City Engineer, the standards provided in
this section cannot be met or where the traffic impact for the proposed
use reaches or exceeds the threshold for requiring a traffic study
or analysis.
8.
Outdoor sales, service, storage or display. All outdoor sales,
service, storage or display must comply with the following standards:
a.
General: An on-site circulation pedestrian and vehicle plan,
illustrating the location of the sales, service, storage or display
area shall be provided.
b.
Site design: Outdoor service or storage areas shall be located
at the rear of the property. Special attention must be given to locate
outdoor service or storage areas away from adjacent residential properties
and at the least obtrusive location for adjacent commercial uses.
c.
Screening: All outside service or storage areas shall be screened
from view with solid wooden fencing or opaque landscaping, in accordance
with the standards in Section 4-700, Fences, walls and screening.
The height of the fencing shall be adequate to conceal the stock,
equipment or materials from view of adjacent properties. In cases
where the height of materials exceeds 15 feet in height making it
difficult to screen with fencing and landscaping, consideration will
be given to the type of materials being stored and the impact of the
visibility on the adjacent and surrounding property owners.
d.
Other applicable regulations: Written evidence, that applicable
standards and requirements for health and safety protection and licensing
by jurisdictions other than the City, as well as those required by
the City ordinances, have been met shall be provided.
e.
All outdoor sales, service, storage and display must meet the
Guidelines for Outdoor Sales, Service, Storage and Display that are
included in the Appendix.
[Amended 1-18-2011 by Ord. No. 6641]
9.
Automobile dealers, passenger car rental and leasing.
Vehicles, including, but not limited to, automobiles, boats,
lawn equipment, all-terrain vehicles, or other similar items, for
sale or lease are not permitted to be stored on lots unless the sale
of such items is permitted within the district the lot is located
in and a current certificate of occupancy for the location has been
obtained from the City.
Automobile sales and passenger car rental and leasing must comply
with the following standards:
a.
Display areas: All vehicle display areas must be paved with
an approved surface (Approved surface shall mean asphalt/bituminous,
concrete/PCC and any surface that is approved by the City Engineer).
Display areas shall be setback a minimum of five feet from all adjacent
property lines and 10 feet from roadways.
b.
Lighting: All lighting shall be designed and installed to prevent
glare or excessive light spillover onto adjacent properties, in accordance
with the requirements of Section 4-800, Exterior lighting standards.
c.
Public address systems: If outdoor speaker or public address
systems are installed, the maximum decibel level at the property line
shall not exceed 55 where adjoining residential property and 65 where
adjoining nonresidential property.
d.
Repair bays: Repair bays shall not front adjacent major arterial
or collector rights-of-way or towards property that is residential
property.
e.
Landscaping: Landscaping is not required within or surrounding
vehicle display areas. Parking lot landscaping in accordance with
Section 4-400, Landscaping and screening standards, shall be provided
for employee and customer parking areas.
f.
Elevated vehicles: For automobile sales uses, up to two new
vehicles are permitted on an elevated display, with a maximum height
of the structure display being no more than five feet.
g.
Accessory uses: Accessory uses and structures, such as car wash
facilities and their incidental functions (vacuums and air compressors)
shall be set back a minimum distance of 50 feet from all rear and
side property lines abutting residential property. These facilities
shall not be open to the public, unless as special use permit is obtained.
h.
Parking on right-of-way: No vehicles offered for sale shall
be parked on the public right-of-way.
10.
Other motor vehicle dealers, truck, utility trailer and RV (recreational
vehicle) rental and leasing. Other motor vehicle sales and truck,
utility trailer and RV rental and leasing must comply with the following
standards:
a.
Display areas: All vehicle display areas must be paved using
an approved surface (Approved surface shall mean asphalt/bituminous,
concrete/PCC and any surface that is approved by the City Engineer).
The City Engineer may administratively approve the use of crushed
asphalt as an approved surface for the display areas. All display
areas shall be setback a minimum of 20 feet from all property lines.
b.
Lighting: All lighting shall be designed and installed to prevent
glare or excessive light spillover onto adjacent properties, in accordance
with the requirements of Section 4-800, Exterior lighting standards.
c.
Repair bays: Repair bays shall not front adjacent major or minor
arterial or collector rights-of-way or residential property.
d.
Landscaping: Landscaping is not required within or surrounding
vehicle display areas. Parking lot landscaping in accordance with
Section 4-400, Landscaping and screening standards, shall be provided
for employee and customer parking areas.
e.
Accessory uses: Accessory uses and structures, such as vehicle
wash facilities and their incidental functions (vacuums and air compressors)
shall be set back a minimum distance of 50 feet from all rear and
side property lines abutting residential property.
f.
Parking on right-of-way: No vehicles offered for sale shall
be parked on the public right-of-way.
11.
Automotive repair, major. Major automotive repair facilities
must comply with the following standards:
[Amended 6-3-2014 by Ord. No. 7034]
a.
Location of repair: All repairs shall be performed within a
completely enclosed building.
b.
Licensed vehicles: All vehicles parked or stored on-site shall
display a current license plate with a current registration.
c.
Odors and fumes: The use shall safely and appropriately vent
all odors, gas and fumes and shall comply with all applicable federal,
state and local regulations. Such vents shall be located a minimum
of 10 feet above grade and shall be directed away from residential
uses. All storage tanks shall be equipped with vapor-tight fittings
to preclude the escape of gas vapors from the fill pipes.
d.
Outdoor vehicle storage: Vehicles to be stored outdoors must
be contained on-site on a paved area. The outside storage area shall
be screened with a minimum six feet tall solid wooden fence. In selected
cases, an eight feet tall solid wooden fence may be required.
e.
Parts or junk vehicle storage: Outdoor storage of automotive
parts or junk vehicles is prohibited.
f.
Fuel dispensing: Unattended, automated dispensing of gasoline
or other engine fuel is prohibited.
g.
Fluid/Oil collection mats: Fluid/Oil collection mats are required
by facilities in wellhead protection areas and within the Crystal
Lake Watershed.
12.
Car washes. Full-service and automatic vehicle wash uses must
comply with the following standards:
[Amended 9-19-2023 by Ord. No. 7964]
a.
|
Drive-through criteria: The use must comply with applicable
drive-through standards established in Section 2-400C-7.
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b.
|
Equipment: Details for all automatic car wash equipment to be
installed within the building must be provided.
|
c.
|
Towel drying area: An adequately large, outdoor or indoor, paved,
hand-towel drying area must be provided. The hand-towel drying area
must be exclusive of drive-aisles which carry cross-traffic and parking
spaces for employees or different users.
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d.
|
Mechanical Equipment: All ground-mounted equipment is required
to be screened by landscaping. Roof-mounted equipment should be screened
utilizing a material which is complementary to the external facade
of the building structure. Vacuum equipment (including any vacuum
equipment or vacuum hoses or vacuum supports for hoses) should be
located in the rear of the property and is not visible from roadways,
if possible and painted a neutral color.
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e.
|
Drying equipment cannot face towards residentially zoned properties.
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f.
|
Properties abutting, adjacent or kitty corner to residentially
zoned properties must submit a noise study to illustrate there would
not be an increase in ambient noise at the relevant property lines.
|
g.
|
Car wash uses not eligible for EMC signs.
|
Self-service and nonautomatic vehicle wash uses must comply
with the following standards:
| |
a.
|
Stacking: Stacking (20 feet per vehicle) accommodating three-vehicle
lengths outside of the entrance of the car wash bay and clear of any
driveway or drive aisle must be provided.
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b.
|
Towel drying area: An adequately large, outdoor or indoor, paved,
hand-towel drying area must be provided. The hand-towel drying area
must be adjacent to but not located within a drive-aisle for exiting
vehicles.
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c.
|
Equipment: No automated equipment, including conveyor belts,
rinse bars, soap and wax applicators, automatic air dryers, undercarriage
sprays, or other electronic or mechanical equipment is permitted.
|
d.
|
Trash receptacle: One trash receptacle shall be provided at
the entrance of each wash bay. Additionally, an enclosed trash receptacle
shall be provided on site.
|
e.
|
Vending machines: Vending machines are treated as outdoor display
and sales.
|
Please refer to the
handout on Outdoor Sales, Service, Storage and Display, available
through the Community Development Department, for further clarification.
13.
Gasoline stations (with and without convenience stores). Gasoline
stations must comply with the following standards:
[Amended 11-5-2013 by Ord. No. 6970; 6-3-2014 by Ord. No. 7034; 10-6-2020 by Ord. No. 7656]
a.
Location: Gasoline stations are not permitted within the City's
wellhead protection areas. Stations in the Crystal Lake Watershed
require a site-specific analysis by the City's watershed consultant.
b.
Environmental impact: No gasoline station shall commence operations
unless it has first provided an environmental impact statement from
a qualified expert in the related field that the use will not negatively
affect groundwater resources or contaminate the soil.
c.
Screening: Gasoline stations adjacent to residential properties
shall provide a six-foot-tall solid screen consisting of a solid wooden
fence, in accordance with the provisions of Section 4-700, Fences,
walls and screening, or opaque landscaping along the perimeters of
the property abutting the residential district or use, in accordance
with the provisions of Section 4-400, Landscaping and screening standards.
d.
Canopy:
i.
The edge of the pump canopy shall be set back at least 15 feet
from all property lines.
ii.
Signage located on the gasoline fueling station
canopy or the gas pumps is not considered signage and is not included
in the total square feet of wall signage for the property.
iii.
Signage located on any ancillary building is to
be included in the total square feet of wall signage for the property.
e.
Curb cuts: There shall be a maximum of two curb cuts per property.
Corner lots shall be limited to one curb cut per street frontage.
Curb cuts for corner lots shall be located at least 75 feet from the
intersection, or as deemed appropriate by the City Engineer.
f.
Vending machines: One vacuum and one air compressor shall be
permitted on site. Vending machines are treated as outside sales and
display. Refer to the handout on Outdoor Sales, Service, Storage and
Display available through the Community Development Department for
further clarification.
g.
Outside sales: Outside product display and sales of seasonal
items are prohibited. Propane tanks stored in one locked metal cage
are not treated as outside sales and permitted subject to the approval
of the City's Fire Prevention Bureau. For any other outside display
and sales, refer to the handout on Outdoor Sales, Service, Storage
and Display available through the Community Development Department
for further clarification.
h.
Propane tanks stored in one locked metal cage are not treated
as outside sales and permitted subject to the approval of the City's
Fire Prevention Bureau. For any other outside display and sales, refer
to the handout on Outdoor Sales, Service, Storage and Display available
through the Community Development Department for further clarification.
i.
Monitoring: Monitoring wells finished at appropriate depths
and locations best suited to detect a contaminate plume are required
to be designed and located by a groundwater professional for stations
within the Crystal Lake Watershed or as determined by the City Engineer.
j.
Electronic pricing signs: Electronic pricing signs must be requested
as part of the special use permit.
14.
Used merchandise stores. Used merchandise stores must comply
with the following standards:
[Amended 11-19-2013 by Ord. No. 6972]
a.
Location: Used merchandise stores 15,000 square feet in area
or less must be located more than 500 feet from an existing similar
use. Measurements shall be made in a straight line, without regard
to intervening structures or objects, from the property line of the
proposed use to the property line of the existing use.
b.
Outdoor display: Outdoor display, storage, and sales of items
is not permitted.
c.
Police inspection: Records of all items purchased and sold shall
be kept and shall be made available during regular business hours
for inspection by the Police Department.
d.
Electronic reporting: Any used merchandise store that purchases
electronic goods or jewelry is required to report/upload to LeadsOnline,
or the City's current electronic reporting system, the information
outlined by the City's Police Department for each and every transaction
where electronic goods or jewelry were purchased by the end of that
business day. All information shall be recorded in the English language.
The electronic reporting requirement also applies to all used merchandise
stores that conduct 10 or more purchase transactions (not limited
to electronic goods or jewelry) in one week (calculated from each
Monday through the next Sunday, inclusive).
15.
Crematories. Crematorium uses must comply with the following
standards:
a.
Enclosed structure: The cremation unit shall be within a fully
enclosed permanent structure. All exterior venting stacks must be
screened or designed as an integral part of the building roofline.
b.
Objectionable conditions: The crematorium must be so operated
so as not to produce hazardous, objectionable or offensive conditions
at or beyond the property line boundaries by reason of odor, dust,
lint, smoke, cinders, fumes, noise, vibration, heat, solid and liquid
wastes, fire or explosion.
c.
Cremation unit: The cremation unit (and operation of the unit)
must conform to all applicable federal and state regulations pertaining
to environmental quality and any other health and public safety requirements,
including 410 ILCS 18, Crematory Regulation Act, as amended.
d.
Traffic and hours of operation: Restrictions may be placed on
the amount of traffic and hours of operation of the facility in order
to ensure compatibility and minimize impacts on surrounding land uses.
e.
Accessory uses: Accessory uses, such as residential quarters
as required by other applicable statutes are permitted.
16.
Pet care (except veterinary) services. Pet care (except veterinary
clinics) services must comply with the following standards:
[Amended 1-18-2011 by Ord. No. 6641; 8-2-2016 by Ord. No. 7247]
a.
Leashing and control: All animals arriving at and leaving the
property are to be leashed and under control at all times.
b.
Boarding: All boarding shall be conducted inside of the principal
building.
c.
Outside run fencing: Outside run areas are to be fenced with
at least a six-foot tall solid fence. Animals may be released to the
outside run areas only between 6:00 a.m. and 9:00 p.m. Chain link
fences with slats must be approved by staff as meeting the intent
of the solid fence. (This criterion does not apply to facilities that
only provide grooming services.)
d.
Animal waste: Animal waste on the exterior of the property must
be removed on a daily basis and disposed of in a sealed container
to prevent odors from affecting adjacent tenants or property owners.
e.
Sound: Where located in a multi-tenant building, the suite may
be required to be soundproofed to ensure sound levels do not exceed
65 dB as measured five feet from the adjacent interior wall of the
adjacent tenant suites.
f.
Adjacent to residential properties: Where the pet care facility
is located in a freestanding building, tenant space, or the outside
run for the pet care facility is adjacent to a property occupied by
a residential use, a special use permit approval is required.
17.
Limited-service restaurants, snack and nonalcoholic beverage
bars. Limited-service restaurants and snack and nonalcoholic beverage
bars, where required to obtain a limited or special use must comply
with the following standards:
a.
Maximum area: In the M-L or M Zoning District, small, limited-service
restaurants and snack and nonalcoholic beverage bars are permitted
except as standalone buildings to reduce vehicle trips and provide
service to existing building tenants.
b.
Seating: Following a staff review, seating can be limited to
reduce the required numbers of parking spaces to ensure that adequate
parking is available for all building tenants.
c.
Drive-through: If a drive-through is proposed, it must meet
the applicable requirements listed in Section 203C-7.
18.
Drinking places (alcoholic beverages). Drinking places (alcoholic
beverages) must comply with the following standards:
a.
Screening: Any bars, taverns, nightclubs and lounges located
adjacent to a residential property shall provide an six foot tall
solid screen consisting of a solid wooden fence along the perimeters
of the property, in accordance with the provisions of Section 4-700,
Fences, walls and screening.
b.
Entrance: one clearly-marked, main entrance for all patrons
to enter and exit from, exclusive of fire exits or other required
points of ingress and egress must be provided.
c.
Live music: If live music is to be played, in-wall sound-barriers
or other means to prevent sound from traveling beyond the property
lines of the subject property must be provided. Any amplified sound
as measured at the closest property line of the closest adjoining
property, must not exceed 55 decibels where adjoining residential
property and 65 decibels where adjoining nonresidential property.
19.
Sidewalk or outdoor seating. Sidewalk or outdoor seating areas
must comply with the following standards:
[Amended 1-18-2011 by Ord. No. 6641; 10-6-2020 by Ord. No. 7656]
a.
Sidewalk seating located on public sidewalks shall comply with
the following standards:
i.
City Council approval is required in accordance with plans submitted
to the City.
ii.
The sidewalk seating area must be located adjacent
to the primary restaurant and must not extend beyond the frontage
of the restaurant.
iii.
The operation of the sidewalk seating area shall
be conducted in such a way as to not interfere with the circulation
of pedestrian or vehicular traffic on the adjoining streets or sidewalks.
There shall be a minimum of three feet of clear pedestrian passage
provided between the seating area and the edge of the pavement.
iv.
All kitchen equipment and refuse containers used
to service the sidewalk seating shall be located inside the primary
food service use.
v.
The food service use owner/operator shall be responsible for
maintaining the sidewalk seating in a clean, neat, orderly and safe
condition. All debris and litter shall be removed daily. Private trash
containers in the sidewalk seating area are prohibited. Public sidewalk
trash containers shall not be used by restaurant staff as a means
of disposing of table waste generated by restaurant consumers.
vi.
The applicant shall be required to provide the
City with a certificate of insurance, naming the City as an additional
insured, in the amount to be specified by the City.
vii.
A standard hold harmless agreement between the
applicant and the City will be required.
b.
Outdoor seating located on private property shall comply with
the following standards:
i.
Outdoor seating areas must be adjacent to and provide direct
access to and from the tenant space within the principal structure
which the outside seating area serves.
ii.
Outdoor seating areas must be located 20 feet from
the rear property line if adjacent to residentially zoned properties.
iii.
Outdoor seating areas shall not be located in
the parking lot landscape islands.
iv.
The use of the additional area for outdoor seating
will not decrease available parking below that required by the UDO
for the food service use.
v.
If outdoor seating areas are located within six feet from driveways,
drive aisles and alleys, and within 10 feet from intersections, a
sturdy and highly visible barrier shall be provided to protect the
seating area.
vi.
A minimum of three feet of clear pedestrian passage,
free of barriers and street trees, bike racks, lamp posts, sign posts,
and any other fixtures or obstructions is required between the seating
area and the edge of the sidewalk.
These requirements may be modified by the Zoning Administrator
where unusual circumstances exist.
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20.
Nursery school, pre-school. Nursery schools and pre-schools
must comply with the following standards:
[Amended 10-6-2020 by Ord. No. 7656]
b.
Outdoor play areas: All outdoor play areas shall:
i.
An outdoor play area, meeting DCFS regulations, must be provided.
ii.
Have a fence at least four feet in height that
completely encloses the play area, and is designed so all persons
entering the play area are within direct line of sight from the classroom
areas.
iii.
Be safely segregated from parking, loading, or
service areas; and
iv.
Not be used for outdoor play activities after 8:00
p.m.
c.
Parking area, vehicular circulation, and drop-off and pick-up:
Parking areas and vehicular circulation patterns shall be designed
to:
i.
Enhance the safety of children as they arrive at and leave the
facility.
d.
Located on site of religious establishment: If the nursery or
pre-school is located on the site of a religious establishment, it
is allowed as an accessory use only if designed and located such that
it does not cause significant traffic impacts, per the determination
of the City Engineer.
21.
Elementary and secondary schools. Any elementary or secondary
schools must comply with the following standards:
a.
Location: Any principal building shall be located at least 50
feet from surrounding residential properties.
b.
Temporary structures: If temporary structures are needed for
expansion space, such structures shall not be located between the
principal building and any abutting right-of-way (an exception to
this standard shall be considered where there is no other practical
alternative due to topography, presence of utilities or easements,
existence of undisturbed open space and buffers, or other site features
that are beyond the landowner's control). Temporary structures are
limited for a period not to exceed one year.
22.
Junior colleges, colleges, universities and professional schools.
Junior colleges, colleges, universities and professional schools must
comply with the following standards:
a.
Master plan: All colleges, universities, and junior colleges
occupying more than 20 acres must seek approval for a master planned
unit development to adequately plan for future expansions.
b.
Parking: Provide the required parking according to the parking
requirements outlined in Section 4-200, Off-Street parking and loading.
Additionally, educational uses that are located in multi-tenant buildings
must submit a schedule of classes indicating the times at which all
classes are offered and the maximum number of students that will be
attending each class to verify that adequate parking is provided throughout
the property.
c.
Dormitories: Dormitories accessory to the junior colleges, colleges,
universities and professional schools are permitted.
23.
Amusement and theme parks. Amusement and theme parks must comply
with the following standards:
a.
Minimum development area: Amusement and theme parks shall be
located on a minimum of five acres.
b.
Site design: All permanent buildings or structures must be located
at least 100 feet from surrounding residential properties.
c.
Access roads: All points of vehicular access must be from an
arterial or major collector street. The access points shall be located
to minimize vehicular traffic to and through local streets in residential
areas.
d.
Lighting: All lighting shall be designed and installed in accordance
with the requirements of Section 4-800, Exterior lighting standards.
e.
Natural features: Wherever possible, the use shall preserve
existing natural land features, including, but not limited to, water
features and tree stands.
f.
Screening: Indoor/OUTDOOR water parks and amusement parks located
adjacent to residential properties shall provide an eight-foot tall
solid screen consisting of a solid wooden fence along the perimeters
of the property, in accordance with the provisions of Section 4-700,
Fences, walls and screening.
24.
Amusement arcades. Amusement arcades must comply with the following
criteria:
a.
Enclosed facility: All activities shall take place within a
wholly enclosed building.
b.
Loitering: All persons waiting for service shall wait within
the establishment. No exterior waiting or loitering shall be allowed.
c.
Trash: Adequate trash and recycling facilities shall be maintained
within the establishment for the use of customers.
d.
License: If an amusement arcade license is not granted (or subsequently
revoked) by the City Council, the limited use permit shall become
null and void.
26.
Batting cages, ice skating/roller skating rinks, mini/pitch-n-putt
golf. Batting cages, ice skating rinks and mini/pitch-n-putt golf
facilities must comply with the following standards:
a.
Hours of operation: The use must not operate later than 11:00
p.m., seven days per week, where adjacent to residential property.
b.
Screening: Uses located adjacent to a residential property shall
provide an eight-foot-tall solid screen consisting of a solid fence
in accordance with the provisions of Section 4-700, Fences, walls
and screening, or opaque landscaping along the side and rear perimeters
of the property that is in compliance with the provisions of Section
4-400, Landscaping and screening standards.
27.
Billiards/Pool parlor/hall. Billiards/Pool facilities, where
required to obtain a limited use, must comply with the following standards:
a.
Billiards or pool facilities in the Neighborhood Business B-1
District are limited to a maximum of 50% of the total floor area for
the entire building or buildings on a lot or within a development.
Standalone facilities are required to be developed as a special use.
28.
Convention center. Convention centers must comply with the following
standards:
a.
Minimum lot area: Convention centers must be located on a minimum
of five acres.
b.
Distance from residential property: The building shall be located
a minimum of 100 feet from any residential property, as measured from
all property lines.
c.
Vehicular access: All points of vehicular access shall be derived
from an arterial or major collector street. The access points shall
be located to minimize vehicular traffic to and through local streets
in residential areas.
29.
Golf courses and country clubs. Golf courses and country clubs
must comply with the following standards:
a.
Setbacks: All principal structures such as pools, bath houses,
restaurants or clubhouses shall be set back at least 100 feet from
the front property line and at least 50 feet from other property lines.
b.
Lighting: All exterior lighting shall be designed to meet the
requirements of Section 4-800, Exterior lighting standards.
c.
Additional requirements: The City may impose restrictions upon
access to the facility, storage of vehicles or materials on the premises,
hours of operation and other such matters as they deem necessary to
insure that there is no adverse impact on the enjoyment of the adjacent
residential properties.
30.
Large-scale entertainment venue. Large-scale entertainment venues
must comply with the following standards:
a.
Minimum development area: Large-scale entertainment venues shall
be located on a minimum of five acres.
b.
Site design: No part of any permanent buildings or structure
may be located closer than 100 feet to surrounding residential property.
c.
Access roads: All points of vehicular access must be from a
major or minor arterial street. The access points shall be located
to minimize vehicular traffic to and through local streets in residential
areas.
d.
Frontage: The property or assemblies of properties where the
entertainment venue is located shall have a minimum 400 feet frontage
at the point of primary access.
e.
Lighting: All lighting shall be designed and installed in accordance
with the requirements of Section 4-800, Exterior lighting standards.
31.
Shooting range. Shooting ranges must comply with the following
standards:
[Amended 10-6-2020 by Ord. No. 7656]
a.
General: Shooting ranges shall be permitted only as indoor facilities.
It is required that all shooters must complete an orientation safety
program or show a valid firearm owner's identification (FOID) card
before they are allowed to discharge firearms.
b.
Sound barrier: All shooting ranges shall provide ceiling and
in-wall sound barriers to prevent unusually high sound from traveling
beyond the property lines of the subject property.
c.
Number of shooters: The number of shooters shall be limited
to the number of firing points or stations identified on the plans.
d.
Storage of ammunition: The storage of ammunition on site shall
be limited to that utilized on the property within 48 hours. The storage
of live ammunition must occur in an approved safe.
e.
Other applicable regulations: The shooting range must comply
with all applicable local and state laws, rules and regulations regarding
the discharge of a firearm.
f.
Incidental sales of firearms are permitted, provided they meet
all applicable federal, state and local regulations.
32.
Squash/racquetball/handball/tennis club/facility. Squash, racquetball,
handball and/or tennis club facilities must comply with the following
standards:
a.
Screening: All property lines adjoining residential property
shall provide a six-foot tall solid screen consisting of a solid fence
in accordance with the provisions of Section 4-700, Fences, walls
and screening, or landscaping along the side and rear perimeters of
the property in accordance with the provisions of Section 4-400, Landscaping
and screening standards.
b.
Lighting: All exterior lighting shall be designed to meet the
requirements of Section 4-800, Exterior lighting standards.
c.
Noise: Activities which produce a level of noise that exceeds
the general character of the surrounding residential properties is
not permitted.
d.
Additional requirements: The City may impose restrictions upon
access to the facility, hours of operation and other such matters
as they deem necessary to insure that there is no adverse impact on
the enjoyment of the adjacent residential properties.
33.
Commercial stables, including riding arenas. Commercial stables,
including riding arenas, must comply with the following standards:
a.
Minimum development area: A commercial stable shall be located
on a property with a minimum area of 1/2 acre per horse kept on the
property excluding roads.
b.
Parking: All parking must occur on-site on an approved surface
(Approved surface shall mean asphalt/bituminous, concrete/PCC and
any surface that is approved by the City's Community Development Department)
in accordance with the provisions of Section 4-200, Off-street parking
and loading.
[Amended 6-3-2014 by Ord. No. 7034]
c.
Special events: The number of shows or other events permitted
at the stable will be determined by the City Council through the approval
of a temporary use permit, after consideration of the impact of such
occurrences on adjacent properties and public facilities.
d.
Outdoor speakers: No outdoor speakers may be used except as
permitted by the City Council in connection with a permitted event
through the temporary use permit.
e.
Trespassing: Stable operators are responsible for preventing
trespassing on adjacent properties by patrons and horses.
34.
Hotels (except casino hotels), motels and inns. Hotels, motels,
and inns must comply with the following standards:
a.
Building setback: The principal building shall be setback at
least 50 feet from all property lines.
b.
Minimum lot area: A hotel, motel or inn shall be located on
a property with a minimum lot area of one acre.
c.
Living quarters area: All living quarters must measure at least
400 square feet gross floor area.
d.
Area devoted to non-living quarters: Up to 15% of the gross
floor area of a hotel, motel or inn may be in non-living-quarter incidental
uses (accessory uses), including management/employee offices, meeting
rooms, banquet halls, retail services, such as newsstands and gift
shops, and similar uses, provided any incidental business is conducted
primarily to service guests, and, there is no entrance to such places
of business except from the inside of the building.
e.
Eating establishments: In addition to the accessory uses allowed,
up to an additional 20% of the gross floor area of a hotel, motel
or inn may be devoted to food service and drinking establishments
as an accessory use. The eating establishment(s) may have an entrance
from outside the principal building.
35.
Resorts. Resorts must comply with the following standards:
a.
Minimum development area: Resorts shall be located on a minimum
of five acres.
b.
Natural features: Resort areas shall preserve and enhance the
enjoyment of existing natural land features, including but not limited
to water features and tree stands.
c.
Ownership status: Resort uses shall provide information regarding
the ownership status of the proposed use. Resorts that contain units
or property that are individually-owned shall be required to provide
covenants, conditions, and restrictions indicating the maintenance
responsibilities for all units and the grounds of the resort.
36.
Bed-and-breakfast inn. Bed-and-breakfast inn uses must comply
with the following standards:
a.
General: The owner and/or operator of the bed-and-breakfast
use must reside in the bed-and-breakfast dwelling. A bed-and-breakfast
use must be located more than 1,000 feet from any other existing bed-and-breakfast
use, unless the City Council adopts a subarea plan that permits this
spacing to be reduced. Measurements shall be made in a straight line,
without regard to intervening structures or objects, from the property
line of the proposed use to the property line of the existing use.
A bed-and-breakfast must be located in a structure that is permitted
in the zoning district in which it is located.
b.
Guest rooms: A maximum of five guest rooms are permitted. Depending
upon the location, the available buffers, and amount of available
parking, the Zoning Administrator may restrict the number of guest
rooms to a lesser number.
c.
Meals: Only guests staying in the dwelling, employees, or persons
living in the premises may be served meals. Cooking implements including,
but not limited to, stoves, grills or ovens are not allowed in the
individual guest rooms.
d.
Duration of stay: Guest stays shall be limited to 21 consecutive
days.
e.
Detached carriage houses or cottages: Detached carriage houses
or cottages not exceeding 400 square feet are permitted as one guest
room per bed-and-breakfast.
f.
Off street parking: The site shall comply with the required
number of parking spaces identified in Section 4-200, Off-street parking
and loading. Parking areas less than 10 spaces are not required to
meet the landscaping requirements, but must be screened from all adjacent
residences and residential zoning by providing a six-foot tall solid
fence in accordance with the provisions of Section 4-700, Fences,
walls and screening, or opaque landscaping, in accordance with the
provisions of Section 4-400, Landscaping and screening standards,
surrounding the perimeters of the parking lot.
g.
Other applicable regulations: A bed-and-breakfast shall comply
with all applicable state, federal and local regulations, including
but not limited to 50 ILCS 820 (Bed-and-Breakfast Act), as amended.
h.
Signs: One sixteen-square-foot freestanding sign (maximum four
feet high) and one four-square-foot wall sign are permitted. A sign
permit through the Community Development Department is required.
[Amended 6-3-2014 by Ord. No. 7034]
37.
Hostels. Hostels must comply with the following standards:
a.
Screening: Hostels containing outside recreation areas, located
adjacent to a residential property shall provide an six-foot tall
solid screen consisting of a solid wooden fence, in accordance with
the provisions of Section 4-700, Fences, walls and screening, or opaque
landscaping along the perimeters of the property, in accordance with
the requirements of Section 4-400, Landscaping and screening standards.
b.
Cooking: Cooking facilities or kitchens are not permitted in
the dwelling units.
c.
Sleeping rooms: Sleeping rooms must be accessed via a common
room or hallway, and shall not have individual access to the outside
(except those required for emergency exits).
d.
Signs: One nine-square-foot freestanding sign (maximum six feet
high), one four-square-foot wall sign and one six-square-foot temporary
sign (maximum six feet high) are permitted. A sign permit through
the Community Development Department is required.
[Amended 6-3-2014 by Ord. No. 7034]
38.
Standalone automatic teller machines. Standalone automatic teller
machines (ATM) must comply with the following standards:
a.
If the standalone ATM is proposed as a drive-through, it must
meet the applicable requirements listed in Section 203-C-7.
b.
Signage shall be restricted to two sides of the ATM.
c.
If a canopy is proposed for the ATM, the piers shall be constructed
of high quality material such as brick or stone. The canopy shall
match the architectural style of the principal building on site. If
a canopy is not proposed, the entire ATM shall be within an enclosure.
39.
Home day care, up to eight children. Home day care uses which
provide day care services for three to eight children (including any
of the day care providers adopted, biological or foster children that
are under the age of 12 years) must comply with the following standards:
a.
State license: If licensed by the Illinois Department of Children
and Family Services (DCFS), the day care provider shall provide a
copy of the DCFS license.
b.
Evacuation plan: The day care provider shall provide a copy
of the evacuation plan.
c.
Hours of operation: Home day care uses shall be permitted to
provide day care services from 6:00 a.m. to 7:00 p.m.
d.
Fenced play area: All day care uses shall provide a fenced outdoor
play area measuring at least 600 square feet in area. The fencing
surrounding the play area shall contain at least one gated exit that
measures at least three feet in height.
e.
Pick-up and drop-off: Customers picking up or dropping-off children
must park in the driveway of the day care or outside the functional
area of any intersection to avoid sight-distance issues.
40.
Commercial child-care center. Commercial child-care centers
must comply with the following standards:
[Amended 10-6-2020 by Ord. No. 7656]
a.
State license: The center operator shall provide proof of obtaining
an Illinois Department of Children and Family Services (DCFS) license.
b.
Evacuation plan: The center operator shall provide a copy of
the evacuation plan.
d.
Hours of operation: The center shall not provide day care for
more than 18 hours per day.
e.
Fenced play area: There shall be a minimum of 75 square feet
of fenced outdoor area per child for the maximum number of children
to be cared for at one time. The preferred location for the fenced
play areas is in the rear or side yard.
41.
Hospitals. Hospitals must comply with the following standards:
a.
Minimum development area: Hospitals shall be located on property
with a minimum of five acres.
b.
Access roads: Hospitals shall have access to an arterial or
major collector street. Traffic shall not travel through neighborhood
connector or local streets.
c.
Loading area: A designated drop-off/pick-up area shall be included
in front of the building, that is long enough to accommodate a bus
and which is exclusive of the required parking lot drive aisles.
d.
Natural features: The development plan shall identify all natural
features such as wetlands, water features, mature tree stands, steep
slopes and where feasible, preserve these existing natural features.
e.
Recreational open space: The facility shall provide appropriate
recreational, open space area and paved paths throughout the property
for employees and patients to use.
f.
Heliport/helipad: If a heliport or helipad is provided as an
accessory use to the facility, it shall be located at least 1,000
feet from surrounding residential property. The heliport/helipad shall
meet all Federal Aviation Administration guidelines as applicable.
42.
Veterinary services. Veterinary services must comply with the
following standards:
a.
Kennel: No kennel (overnight boarding) shall be maintained outside
of the principal building.
b.
Outdoor area: The facility shall include a minimum of 200 square
feet of outdoor enclosed yard for every 1,000 square feet contained
within the principal structure. Such yard areas shall be enclosed
by a solid, decorative fence or masonry wall at least six feet in
height.
c.
Soundproofing: When located in multi-tenant (or multi-suite)
buildings, veterinary services shall be insulated and soundproofed,
in order to minimize all loud and disturbing noises that might disturb
those persons in adjoining suites.
43.
Temporary shelters. Temporary shelters must comply with the
following standards:
a.
Staffing: Evidence shall be submitted to the City, that the
staffing of the facility is in compliance with any state licensing
agency requirements.
b.
Traffic: The operation of buses and vans to transport residents
to and from off-site activities shall not generate vehicular traffic
substantially greater than that normally generated by residential
activities in the surrounding area, in the opinion of the City Engineer.
c.
Parking: The on-street parking demand generated by the facility
due to visitors shall not be substantially greater than that normally
generated by the surrounding residential activities.
d.
Delivery of goods: Arrangements for delivery of goods shall
be made within the hours that are compatible with and will not adversely
affect the livability of the surrounding residential properties.
e.
Noise levels: The facility's program shall not generate noise
at levels that will adversely affect the livability of the surrounding
properties.
f.
Distance: The distance between the proposed shelter and any
existing group home be at least 1,000 feet. Measurements shall be
made in a straight line, without regard to intervening structures
or objects, from the property line of the proposed use to the property
line of the existing use.
44.
Religious establishments. Religious establishments must comply
with the following standards:
a.
Site design: Where possible, open space areas, including but
not limited to stormwater detention facilities shall be located adjacent
to residential property. Parking lots shall be located close to the
rights-of-way and away from adjacent residential property.
b.
Outdoor activities: Group outdoor activities shall not be permitted
after 10:00 p.m. in residential districts or on lots which are adjacent
to residential property.
c.
Traffic control: For high attendance events, manual traffic
control by the Police Department may be required, if determined to
be necessary by the Chief of Police.
d.
Nursery school/pre-school: Any accessory nursery school or pre-school
associated with the religious establishment shall comply with the
standards of Section 302C-20, Nursery School, Pre-school.
e.
Modification of standards: The Zoning Administrator shall have
the authority to grant modifications to any of the standards listed
in this section in order to eliminate a substantial burden on religious
exercise as guaranteed by the Federal Religious Land Use and Institutionalized
Persons Act of 2000 (42 U.S.C. § 2000), as amended. In granting
such a modification, the Zoning Administrator may require conditions
consistent with the federal act that will secure substantially the
objectives of the modified standard and that will substantially mitigate
any potential adverse impact on the environment or on adjacent properties.
45.
Cemeteries, columbaria and mausoleums. Cemeteries, columbaria
and mausoleums must comply with the following standards:
a.
Location: Cemeteries located within the City's wellhead recharge
areas will be subject to site specific analysis by the City's stormwater
consultant.
b.
Accessory uses: Caretaker's residence or offices are permitted
as accessory uses and must meet the setback requirements of the zoning
district they are located in.
c.
Height: Columbaria, mausoleums, or other buildings for the purposes
of interment, located within 100 feet of vacant land classified as
residential, or lands on which single-family detached development
is located, shall not exceed two stories in height.
46.
Public or private parking structure. Public and private parking
structures must comply with the following standards:
a.
Location: Public and private parking structures shall not be
located contiguous to residential properties.
b.
Parking structure in B-4 District: If located in the B-4 District,
the parking structure should have retail or office uses on the ground
floor across the street frontage.
c.
Access: Restrictions regarding the number of access points and
the method by which vehicles circulate through the site shall be determined
following submittal to and review by the City of a traffic study,
which shall be provided by the owner to the City, in accordance with
the provisions of this Ordinance.
d.
Compatibility: Parking structures must be designed in a manner
such that they are architecturally compatible with the surrounding
street character.
e.
Landscaping:
i.
Parkway trees shall be provided surrounding all perimeters of
the property for which the structure is located. Landscape areas shall
be provided at the foundation of the perimeters of the structure,
in accordance with the provisions of Section 4-400, Landscaping and
screening standards.
ii.
Landscape islands and planting beds shall be incorporated
into the rooftop levels of parking structures, where possible, in
accordance with the provisions of Section 4-400, Landscaping and screening
standards.
f.
Security: Security lighting shall be provided to safely illuminate
all areas of the parking structure, especially stairways. The use
of photocell units and motion sensors is encouraged as a means of
saving energy. Security cameras and exclusive 911 telephone emergency
boxes shall be provided on each level of the structure.
47.
Airport, heliport. Airports and heliports (private and public)
must comply with the following standards:
48.
Radio transmission towers, wireless communication facilities.
Radio transmission towers and wireless communication facilities must
comply with the following standards:
a.
Purpose and intent: The purpose of this section is to establish
general standards for the siting of radio transmission towers and
wireless communications towers and antennas. The intent is to:
i.
Protect residential areas and land uses from potential adverse
impacts of towers and antennas and encourage users of towers and antennas
to locate them, to the extent possible, in areas where the adverse
impact on the community is minimal.
ii.
Encourage the location of towers in nonresidential
areas.
iii.
Minimize the total number of new towers throughout
the City.
iv.
Strongly encourage the joint use of new and existing
tower sites as the primary option rather than construction of additional
single-use towers.
v.
Encourage users of towers and antennas to configure them in
a way that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening, and innovative
camouflaging techniques.
vi.
Enhance the ability of the providers of telecommunications
services to provide such services to the community quickly, effectively,
and efficiently.
vii.
Avoid potential damage to adjacent properties
from tower failure through engineering and careful siting of tower
structures.
b.
Applicability.
i.
Unless specified elsewhere in this Ordinance, all wireless communication
and radio transmission towers and antennas in the City shall be subject
to these standards.
ii.
Radio transmission towers and wireless communication
towers and antennas shall comply with the standards in this section
regardless of their status as a principal or accessory uses.
iii.
For purposes of measurement, tower separation
distances shall be calculated and applied to facilities irrespective
of City and other governmental jurisdictional boundaries.
iv.
Radio transmission towers and wireless communication
towers, which do not have at least one user at the time of construction,
shall be prohibited.
c.
Exemptions: The following shall be exempt from the standards
of this section (but shall be required to comply with other relevant
standards in this Ordinance):
i.
A tower used by a public agency exclusively for police, fire,
medical emergency services, E911 or other public emergency communications.
ii.
Building-mounted wireless communications towers
with an overall height (including antennas) of 20 feet or less.
iii.
Receive-only "dish" antennas with a diameter of
39 inches or less located in a residential district and 80 inches
or less located in nonresidential districts, subject to the accessory
use standards in this Ordinance.
iv.
Antennas legally operated by FCC-licensed amateur
radio operators.
d.
Standards for freestanding radio transmission and wireless communication
towers: Freestanding wireless communication or radio transmission
towers, whether as a principal or accessory use, shall comply with
the following standards:
i.
Safety:
I.
Towers shall be designed to meet the wind loading
requirements specified in the American National Standards Institute
TIA-222-F Report, as amended.
II.
The owner/applicant shall provide documentation
to the City demonstrating that the structural integrity of the towers
and antenna will continue to comply with state and federal standards,
local building codes, and the applicable standards for towers published
by the American National Standards Institute (ANSI), as amended. If,
upon inspection, it is determined a tower fails to comply with such
standards and constitutes a danger to persons or property, the owner
shall be notified that he/she has 30 days to bring the tower into
compliance. Failure to bring the tower into compliance within 30 days
shall constitute grounds for the removal of the tower at the owner's
expense.
III.
Self-supporting and monopole towers shall be designed to collapse
at a failure point no more than 50 feet from the top of the tower
so that this upper section folds over onto the lower intact section.
[Added 9-19-2023 by Ord. No. 7964]
ii.
Height: Freestanding wireless communication or
radio transmission towers shall not exceed 200 feet in height as measured
from the tower base to the highest point of the tower and any attached
receiving or transmitting device.
iii.
Franchises and licenses: The operator shall provide
documentation to the City to demonstrate that all franchises and licenses
required by law for the construction and/or operation of a tower or
antenna have been obtained.
iv.
Color:
I.
Towers shall either maintain a galvanized steel
finish or, subject to any applicable standards of the FAA, be painted
a neutral color (i.e., light grey), or be designed to mimic the appearance
of a tree in order to reduce visual obtrusiveness or painted a sky-tone
above the top of surrounding trees and in an earth-tone below the
tree-top level.
[Amended 9-19-2023 by Ord. No. 7964]
II.
At a tower site, the design of buildings and related
structures shall, to the maximum extent practicable, use materials,
colors and architectural styles, that blend into the natural setting
and surrounding buildings.
v.
Storage: No outside storage shall be allowed on any facility
site.
vi.
Lighting: Towers shall not be artificially lighted,
unless required by the FAA or other applicable authority.
vii.
Signage:
I.
A single sign measuring no more than two square
feet in size shall be located on or near the tower, and shall identify
the tower owner, the street address of the tower, the owner's identification
code for the tower, and a twenty-four-hour emergency contact telephone
number.
II.
No commercial advertising shall be allowed on the
tower or its related facilities.
viii.
Single lot: Towers, guy anchors, equipment buildings,
and any other appurtenances related to the tower shall be considered
as being located on one zoning lot.
ix.
Setbacks: Wireless communications facilities shall
comply with the following setback standards:
I.
Self-supporting and monopole towers shall be set
back a minimum of 50 feet from all property lines.
[Amended 9-19-2023 by Ord. No. 7964]
II.
Guyed towers shall meet the minimum setback standards
for the zone district where located. The setback shall be measured
from a line connecting the outermost anchor points for guy wires.
III.
Equipment buildings associated with a wireless
communication facility shall meet the minimum setback requirements
for the zoning district where located.
x.
Separation: If an applicant proposes a new wireless communications
tower or radio transmission tower within 1,200 feet of an existing
tower, the applicant shall submit a statement indicating the reasons
why the existing tower(s) was inadequate or unavailable. The Zoning
Administrator shall allow the owner of such existing tower an opportunity
to comment prior to making a decision.
xi.
Collocation: New wireless communication or radio
transmission towers shall provide evidence that the tower is structurally
designed to support at least three additional users, and provide a
written statement that the owner of the tower is willing to permit
other user(s) to attach communication facilities, on a commercially
reasonable basis, which do not interfere with the primary purpose
of the tower. The site plan shall indicate a location for at least
one equipment building in addition to that proposed for use by the
applicant. A tower which is modified or reconstructed to accommodate
the collocation of an additional antenna shall be of the same tower
type as the existing tower, unless a monopole is determined more appropriate
at the specific location. If an existing tower is increased in height
or reconstructed to accommodate the collocation of additional antenna
it shall meet the height restrictions outlined within this section
of the Ordinance.
xii.
Landscaping: Unless existing vegetation provides
a buffer strip, all property lines along roadways or visible to existing
abutting or nearby buildings (within 1/4 mile radius), for all facilities
shall be landscaped as follows:
I.
With six-foot to eight-foot evergreen shrubs planted
in an alternate pattern, five feet on center and within 15 feet of
the site boundary; or
II.
With at least one row of deciduous trees, not less
than 2 1/2 inch to three inches caliper measured three feet above
grade, and spaced not more than 30 feet apart and within 25 feet of
the site boundary; or
III.
With at least one row of evergreen trees at least
four to five feet in height when planted, and spaced not more than
15 feet apart within 40 feet of the site boundary.
IV.
In lieu of the foregoing, the Planning and Zoning
Commission may determine that the existing vegetation must be supplemented
to meet an equivalent means of achieving the desired goal of minimizing
the visual impact.
xiii.
Security fencing: Towers, guy anchor supports,
and ground-based equipment buildings shall be enclosed by security
fencing not less than eight feet in height and equipped with an appropriate
anti-climbing device.
xiv.
Radiation reporting: It shall be demonstrated
that the proposed tower, antenna, and supporting equipment complies
with FCC nonionizing radiation requirements for individual and combined
facilities.
xv.
Interference: No wireless communications tower,
antenna, or supporting equipment shall interfere with equipment operated
by the City of Crystal Lake.
e.
Compliance with state or federal laws and regulations: Towers
and antennas shall meet or exceed current standards and regulations
of the FAA, the FCC, and any other agency of the state or federal
government that regulates towers and antennas. If such standards and
regulations change, owners shall be responsible for bringing the towers
and antennas into compliance with the changed standards and regulations
within six months of their effective date, unless a different compliance
schedule is mandated by the controlling regulations (Failure to bring
towers and antennas into compliance shall constitute grounds for removal
of the tower or antenna, at the owner's expense.).
f.
Legal nonconforming wireless communication towers:
i.
Legal nonconforming wireless communication towers shall be allowed
to remain and be maintained in accordance with the nonconforming provisions
of this Ordinance. Additional equipment may be added to the tower,
provided that such additions do not increase the degree of nonconformity.
ii.
If a tower is not used for a period of 90 consecutive
days, the Zoning Administrator may send notice to the tower owner
indicating that the tower must be removed within 180 days from the
date of notice.
g.
Antenna placement on an existing structure: An antenna may be
attached to any business use or multiple-family building in accordance
with the following standards:
i.
Height: The antenna is not extended more than 30 feet above
the highest point of the building or structure.
ii.
Location:
iii.
Appearance.
I.
If an antenna is installed on a structure other
than a tower, the antenna and supporting electrical and mechanical
equipment shall be of a neutral color that is identical to, or compatible
with, the color of the structure on which it is located to make the
antenna and related equipment as visually unobtrusive as possible.
II.
Ground-based equipment complies with the landscaping
and security fencing requirements for wireless communications towers
in this section above.
49.
Landfill and transfer station. Landfills and transfer stations
must comply with the following standards:
a.
Environmental assessment: Provide an environmental impact statement
from a qualified expert in the related field that the use will not
negatively affect ground water resources or contaminate the environment
and will comply with all federal and state EPA requirements.
b.
Watershed: Landfills and transfer stations shall not be located
within a one mile radius of the Crystal Lake Watershed.
c.
Statement of need: Provide a written petition to seek a special
use approval for landfill that states that the project is necessary
to accommodate the solid waste management needs of the area it is
intended to serve.
d.
Compatibility criteria: The project shall be located so as to
minimize incompatibility with the character of the surrounding area
and to minimize the effect on the value of the surrounding property.
e.
Plan of operation: Provide a detailed operation plan stating
the number of refuse hauling vehicle trips, the vehicle routes, hours
of operation, volume of waste to be hauled and other applicable operating
criteria as determined by the City Engineer.
f.
Government standards: Written evidence shall be provided that
standards and requirements for health and safety protection and licensing
by jurisdictions other than the City, as well as those required by
City ordinance have been met.
g.
Screening: An eight-foot tall solid screen consisting of a solid
fence, in accordance with the provisions of Section 4-700, Fences,
walls and screening, or opaque landscaping, in accordance with the
provisions of Section 4-400, Landscaping and screening standards,
shall be provided along the perimeters of the property.
h.
Additional mitigation: Additional requirements may be imposed
by the Zoning Administrator, Planning and Zoning Commission and the
City Council to mitigate the effects of this use on the adjacent properties
and the infrastructure.
50.
Recycling facilities. Recycling facilities must comply with
the following standards:
a.
Materials: Recycling of paper, glass, plastic and metal products
is permitted.
b.
Environmental assessment: An environmental impact statement
from a qualified expert in the related field shall be provided to
the City, attesting that the use will not negatively affect ground
water resources or contaminate the soil.
c.
Site design: Recycling facilities shall be designed such that
a main drive-aisle is provided through the principal building to allow
materials to be brought into the facility and removed from vehicles.
d.
Location: Facilities must be located not less than 250 feet
from any residential district, existing residential use, religious
institution use, community service use, day care use, school (elementary,
middle, or senior high), or public park. All operations, including
storage and collection of materials, shall be conducted within a completely
enclosed building.
e.
Outdoor storage: There shall be no outdoor storage of materials
processed, used, or generated by the operation.
f.
Plan of operation: A detailed explanation of the facility operation,
that includes the measures that will be used to mitigate problems
associated with noise, fumes, dust, and litter shall be provided to
the City.
g.
Maintenance: The facility must perform continual, daily maintenance
of the site to immediately collect any stray debris.
51.
Concrete batch plant. Concrete batch plants must comply with
the following standards:
a.
Air quality: Concrete batch plants shall provide an air filtration
system that alleviates air quality issues with the cement used in
the processing and complies with all federal and state EPA requirements.
A retractable cover system for the stored dry goods to mitigate air
quality issues that arise out of wind erosion must be provided.
b.
Screening: All equipment and stored materials shall be screened
from view with solid fencing, opaque landscaping, and by using natural
relief in elevation. In many cases, the height of the fencing or landscaping
will not be able to conceal the stock, equipment or materials from
view of adjacent properties. Consideration will be given to the type
of materials being stored and the impact of the visibility on the
adjacent and surrounding property owners.
c.
Access roads: Permanent access roads shall have a surface approved
by the City Engineer and designed to meet applicable industrial standards.
Temporary access roads into and out of the plant shall be comprised
of a stone base and crushed asphalt top layer.
52.
Earth extraction, materials processing and stockpiling. Extraction
and materials processing, stockpiling uses must comply with the following
standards:
a.
Environmental impact: Provide an environmental impact statement
from a qualified expert in the related field that the use will not
negatively affect ground water resources or contaminate the environment
and will comply with all federal and state EPA requirements.
b.
Excavation location: Excavation shall not take place within
a minimum of 100 feet of any street or boundary line. Where deep quarrying
of 30 feet or more is planned, boundary setbacks shall be a minimum
of 150 feet and shall conform to state reclamation standards.
c.
Stockpiling location: No processing and stock piling operations
shall be conducted closer than 660 feet to any estate, residential,
commercial or office district or within 660 feet of any public or
private educational facility or medical facility. All processing operations
should be enclosed whenever possible and shall be enclosed whenever
the operation is to be in existence for a longer period of time than
nine months. Stockpile areas shall be screened from view.
d.
Setbacks: Buildings, structures, storage or repair areas shall
be located in conformance with yard requirements of the zoning district.
e.
Access roads: Permanent access roads shall have a surface approved
by the City Engineer and designed to meet applicable industrial standards.
Temporary access roads into and out of the plant shall be comprised
of a stone base and crushed asphalt top layer. Roads shall be maintained
in a dust-free condition.
f.
Perimeter roads: Perimeter roads shall be buffered from extraction
activities with earth mounds at least 10 feet in height, which store
topsoil. Mounds shall be planted with grass or other suitable material,
as an erosion retardant.
g.
Truckloads: All truckloads of extracted materials removed from
the site shall be covered with tarpaulin in conformance to state standards
to ensure public safety and prevent damage to individuals or their
vehicles.
h.
Safety: All operations shall be conducted in a safe manner,
especially with respect to hazards to persons, damage to adjacent
lands or improvements, and damage to any street by slides, sinking
or collapse of supporting soil adjacent to an excavation. No extraction
operation shall be conducted in a manner so as to lower the water
table on surrounding properties.
i.
Final conditions: No excavation, removal, or fill shall be permitted
if the finished conditions result in the following:
j.
Groundwater table: No extraction operations shall be conducted
in such a manner that the groundwater table of surrounding properties
is lowered. This determination is to be made from data secured from
testing wells installed, located, operated and maintained by the operator
on the perimeter of the excavation site.
k.
Time limit: Special uses for the extraction of earth products
shall be issued for a period of time not to exceed 10 years, upon
application and compliance with all standards related to obtaining
a special use permit. Such approvals are renewable for additional
five year periods.
l.
Surety: A corporate surety bond or guaranteed letter of credit
shall be furnished to the City to assure compliance with an approved
reclamation map. The bond or letter of credit shall be in the amount
of $100,000 or $1,000 per acre, whichever is greater, for the completion
of operations and the reclamation of the tract.
53.
All other noxious uses. All uses not identified or defined in
this Ordinance and that are determined by the Zoning Administrator
to be noxious uses must comply with the following standards:
a.
Environmental impact: Provide an environmental impact statement
from a qualified expert in the related field that the use will not
negatively affect ground water resources or contaminate the environment
and will comply with all federal and state EPA requirements. The Zoning
Administrator has the ability to require additional environmental
studies, information or reports based upon the nature of the use.
b.
Activity: Location of all activities associated with the use
must be maintained indoors in a controlled environment.
c.
Site design: Provide open/green space buffers on all perimeters
of the property, per the discretion of the Zoning Administrator.
d.
Screening: Provide an six-foot tall solid screen consisting
of a solid fence in accordance with the provisions of Section 4-700,
Fences, walls and screening, or opaque landscaping in accordance with
the provisions of Section 4-400, Landscaping and screening standards,
along the perimeters of the property. An eight-foot fence may be required
in some cases, if determined necessary by the Zoning Administrator.
e.
Additional mitigation: Additional requirements may be required
by the Zoning Administrator and the Planning and Zoning Commission
and the City Council, if applicable, to mitigate the effects of the
noxious use.
54.
Self storage, mini warehouses. Self-storage and mini-warehouse
uses must comply with the following standards:
a.
General: No business activity other than the rental of storage
units shall be conducted on the premises. The storage of hazardous,
toxic or explosive substances, including, but not limited to, hazardous
waste, industrial solid waste, medical waste, municipal solid waste,
septage, or used oil is prohibited.
b.
Site layout: Buildings shall be situated such that the doorways
or access points are facing away from the yards abutting street rights-of-way.
c.
Screening: An eight feet tall solid screen consisting of a solid
wooden fence in accordance with the provisions of Section 4-700, Fences,
walls and screening, or opaque landscaping along the perimeters of
the property in accordance with the provisions of Section 4-400, Landscaping
and screening standards, shall be provided.
d.
Landscaping: Landscaping shall be provided within a minimum
five-foot-wide landscape beds along the foundations of the ends of
the storage buildings, in accordance with the provisions of Section
4-400, Landscaping and screening standards.
e.
Security: Security lighting shall be provided to safely illuminate
all areas of the facility. The use of photocell units and motion sensors
is encouraged as a means of saving energy. If overnight security personnel
will be staying at the facility, provide details regarding the location
of the proposed residence. Appropriate utilities to serve the unit
shall be provided. No more than one overnight unit shall be provided
per facility.
55.
Warehousing distribution. Warehousing Distribution uses must
comply with the following standards:
a.
Minimum separation: Warehousing Distribution uses shall be located
at least 100 feet from any residential district, existing residential
use, religious institution use, community facility uses, day care
use, school (elementary, secondary, junior college or university),
or public parks.
b.
Outdoor storage: Outdoor storage areas must be located to the
rear of the principal structure and be screened with a solid wooden
fence or masonry wall no less than eight feet in height in accordance
with Section 4-700, Fences, walls and screening. Outdoor storage areas
shall not be located within the required setback or perimeter buffer.
c.
Public address systems: If outdoor speaker or public address
systems are installed, the maximum decibel level at the property line
shall not exceed 55 where adjoining residential property and 65 where
adjoining nonresidential property.
d.
On-site circulation: Warehousing distribution facilities shall
be designed to ensure proper functioning of the site as related to
vehicle stacking, circulation, and turning movements.
e.
Access: Have direct access onto an arterial or major collector
street.
56.
Animal raising. Animal raising uses must comply with the following
standards:
[Amended 10-6-2020 by Ord. No. 7656]
a.
Minimum site area: Animal raising shall be conducted on a minimum
of 1/2 acre of land.
b.
Setbacks: Corrals, paddocks, pens and other outdoor animal enclosures shall be located at least 50 feet from any residential property. Other structures on site shall meet the required setbacks per Article 3, Density and Dimensional Standards.
c.
Odor and vector control: All animal enclosures including, but
not limited to, pens, coops, cages and feed areas shall be maintained
free from litter, garbage and the accumulation of manure, so as to
discourage the proliferation of flies, other disease vectors and offensive
odors. Sites shall be maintained in a neat and sanitary manner.
d.
Minimum lot areas: The following minimum lot areas listed below
are required depending on animal type. Lot area used to qualify one
animal type shall not be reused to qualify another animal type.
e.
The slaughtering or dressing for sale of animals shall be permitted
only if they are produced, raised, or fattened on the premises.
f.
Any animal not specifically classified within this chapter shall
be classified by the Zoning Administrator based upon a determination
of what it is most similar to and as to the probable impact on the
health, safety or general welfare of the community and the neighborhood.
57.
Campground. Campgrounds must comply with the following standards:
a.
Place of residence: No campsite or recreational vehicle location
shall be used as a permanent place of residence, except for the owner
or manager and permanent maintenance personnel, who shall reside in
caretaker quarters.
b.
Intensity: The overall density of campsites shall not exceed
five sites per gross acre of land.
c.
Setbacks: Campsites must be set back 100 feet from the front
yard lot line and 50 feet from the side and rear lot lines.
d.
Camping sites: Camping sites a minimum of 1,200 square feet
in size and at least 25 feet in width must be provided. Each campsite
shall be improved with at least one paved parking space.
e.
Open space: Open space for common areas shall be planned and
provided for at convenient, centralized locations to provide at least
100 square feet per campsite or recreational vehicle site.
f.
Utilities: All recreational vehicle spaces shall be served with
sanitary sewer, water, and electrical power, all of which shall be
located underground. All other campsites shall have water and electric
power provided and rest room facilities served by sanitary sewer.
one rest room facility shall be located within 500 feet of all campsites.
g.
Public telephone: At least one public telephone for each 50
campsites must be provided.
58.
Bee production. Bee production must comply with the following
standards:
[Amended by Ord. No. 6543; 1-18-2011 by Ord. No. 6641]
a.
No more than two hives shall be kept or maintained on every
parcel or lot of land under 10,000 square feet in area; provided that
for every 10,000 square feet in excess of 10,000 square feet, there
may be one additional hive.
b.
No hive shall be kept or maintained within 25 feet of any property
line of the lot or parcel upon which it is situated and no hives are
permitted in the front yard or corner side yard. Where a hive is placed
within 25 feet of the property line, a six-foot-high barrier or vegetated
fence is required to direct the bees flight upward or the hive must
be raised six feet high, such as on a roof.
c.
Hive entrances shall be oriented so as to direct bee flight
away from the vicinity of patios, decks, balconies or entrances to
living spaces on adjoining properties.
d.
A supply of fresh water shall be maintained in a location readily
accessible to all bee colonies on the site throughout the day to prevent
bees from congregating at neighboring swimming pools or other sources
of water on nearby properties.
e.
No Africanized bees may be kept on the property.
f.
All colonies shall be managed to promote gentleness and mitigate
swarming. Any colony exhibiting aggressive behavior without provocation
shall be immediately destroyed or re-queened by the beekeeper with
a queen bred for gentleness and non-swarming characteristics.
g.
Proof of registration of the colonies with the State of Illinois
Department of Agriculture must be provided.
59.
Temporary retail use/activity.
[Amended 1-18-2011 by Ord. No. 6641]
a.
Proof shall be provided that the business is registered with
the Illinois Department of Revenue and the point of sale is noted
as the City of Crystal Lake for sales tax purposes.
b.
Any vehicles belonging to the business that display signage
must be located in a manner that the vehicle is not visible from the
right-of-way.
c.
All signage associated with the business shall be removed 15
days after the space has been vacated.
60.
Park and recreation facilities. Park and recreation facilities
must comply with the following standards:
[Amended 1-18-2011 by Ord. No. 6641; 3-1-2016 by Ord. No. 7200]
a.
A special use permit is required where structures such as lighting
standards in excess of 20 feet in height for sports fields are installed
or where any building or buildings in excess of 900 square feet are
proposed.
b.
Structures shall be constructed of building materials complementary
to the existing structures and be similar in architectural style.
61.
Electronic message center (EMC) signs except gasoline electronic
pricing signs. All electronic message center (EMC) signs, except gasoline
electronic pricing signs, must comply with the following standards:
[Amended 7-5-2011 by Ord. No. 6687]
a.
Number permitted: One EMC Sign may be incorporated into any
freestanding business sign on a property, provided that such freestanding
sign would otherwise be permitted within the underlying Zoning District
and subject to the following restrictions:
i.
Minimum width: The zoning lot upon which an EMC may be permitted
must have a minimum of 200 contiguous lineal feet of frontage that
must be located on Route 14 or Route 31.
ii.
Minimum area: The zoning lot upon which an EMC
may be permitted must have a minimum of two acres of total lot area.
iii.
Maximum gross surface area: The maximum gross
surface area of the EMC portion of any sign shall not exceed 32 square
feet or 40% of the sign's total area; whichever is smaller. The EMC
portion must occupy the bottom half of the sign. The maximum gross
area of any sign within which an EMC sign is incorporated shall comply
with the requirements for maximum gross surface area based on the
underlying Zoning District and shall include the surface area of the
EMC. The sign must be outside of the required setback and located
on the middle third of the property.
iv.
Maximum height: The EMC sign, including any sign
in which the EMC is incorporated, shall comply with the maximum height
permitted for any sign based on the underlying Zoning District to
which the property is located.
v.
Preexisting nonconforming signs: An EMC sign cannot be incorporated
into a preexisting nonconforming sign.
vi.
Minimum design standards: The EMC sign shall meet
all the following design conditions:
I.
The EMC unit must be equipped with both a programmed
dimming sequence as well as an additional overriding mechanical photocell
that adjusts the brightness of the display to the ambient light at
all times of day. Such programming and mechanical equipment shall
be set so that the EMC, at night or in overcast conditions, will be
no more than 40% of the daytime brightness level;
II.
All EMCs located on properties adjacent to residential
uses must be extinguished from 11:00 p.m. until 7:00 a.m. This restriction
shall apply regardless of the location of the EMC on the property;
III.
The message area of an EMC can be illuminated
by white or amber incandescent lamps, LED (light-emitting diode) or
magnetic discs;
IV.
The EMC unit must have the "flash" feature disabled
and messages shall have a five-minute "hold" time except for time
and temperature messaging which may have a shorter duration, but no
less than one minute or separate the sign into two areas - one for
the message and the other for the time and temperature;
V.
The messages displayed on the EMC may only transition
from one message to another by either fading or dissolving to black
with another message appearing immediately thereafter, without movement
or other transition effects between messages;
VI.
Except as otherwise provided herein, all messages
displayed on the EMC must be static and may not reflect movement,
flashing, scrolling or changes in shape or size of messages or portions
of messages. Streaming and/or live-time video may not be displayed
and this function of the EMC must be disabled;
VII.
The EMC unit must be equipped to allow for the
remote override of commercial messages for emergency situations such
as an "Amber Alert" or other such acute public emergencies, but such
override authority for public emergencies shall not exceed 48 total
hours within any two-week period. The owner of the EMC unit is requested
to cooperate with the City of Crystal Lake in order to allow the City
to remotely exercise its override authority; and
[Amended 10-6-2020 by Ord. No. 7656]
VIII.
The EMC sign must be set in a manner that the
display will turn dark in case of a malfunction.
vii.
A freestanding sign may have not more than two
sign faces. Freestanding signs with more than one sign face must be
designed to have the sign faces attached back to back to the support
structure. No V-shaped freestanding EMC signs shall be permitted.
viii.
EMC signs located within the Estate District are limited to
special event centers as defined in Article 10-200.
[Added 12-11-2017 by Ord.
No. 7419]
ix.
The EMC unit shall otherwise comply with all other
provisions of Section 4-1000 of the Crystal Lake Unified Development
Ordinance ("Signs"), including, but not limited to, the prohibition
of Off-Premise Signs.
62.
Gasoline electronic pricing signs. All gasoline electronic pricing
signs must comply with the following criteria:
[Amended 12-20-2011 by Ord. No. 6732]
a.
Gasoline electronic pricing (GEP) signs are permitted only on
properties where a special use permit for a gasoline station has been
previously granted by the City.
b.
The GEP sign may be incorporated into (1) freestanding business
sign on the property. A new freestanding sign incorporating a GEP
portion must meet all the ordinance requirements for that sign.
c.
The GEP portion of the sign shall meet all the following design
conditions:
i.
The GEP unit must be equipped with both a programmed dimming
sequence as well as an additional overriding mechanical photocell
that adjusts the brightness of the display to ambient light at all
times of the day. Such programming and mechanical equipment shall
be set so that the GEP, at night or in overcast conditions, will be
no more than 40% of the daytime brightness level;
ii.
The GEP unit must be illuminated by white, amber,
or green incandescent lamps, LED (light-emitting diode) or magnetic
discs;
iii.
The pricing displayed on the GEP unit may only
transition from one message (price) to another by either fading or
dissolving to black with another message (price) appearing immediately
thereafter, without movement or other transition effects in between;
iv.
Except as otherwise provided herein, all messages
displayed on the GEP unit must be static and may not reflect movement,
flashing, scrolling or changes in shape or size of messages or portions
of messages. Streaming and/or live-time video is not permitted and
this function of the GEP must be disabled; and
[Amended 10-6-2020 by Ord. No. 7656]
v.
The GEP sign must be set in a manner that the display will turn
dark in case of a malfunction.
d.
The maximum gross surface area of the GEP portion of the sign
shall not exceed 20 square feet.
e.
Prices cannot switch between multiple grades on one GEP. The
GEP must display only one grade or have separate GEP for each grade.
63.
Funeral homes. All funeral homes must comply with the following
standards:
[Added 11-5-2013 by Ord. No. 6970]
a.
Cross-access agreements with adjoining properties are required
to handle overflow parking. Where a cross-access is not possible,
other arrangements approved by the City Engineer are necessary. Where
cross-access is provided, accommodations must be made such that pedestrians
are able to utilize the parking safely.
64.
Major automotive repair uses with automobile dealer as an ancillary
use. All automobile dealers as an ancillary use to major automotive
repair uses must comply with the following standards:
[Added 11-5-2013 by Ord. No. 6970]
a.
Vehicles for sale: Vehicles available for sale are limited to
automobiles and light trucks, such as sport utility vehicles, and
passenger and cargo vans.
b.
Display areas: All vehicle display areas must be paved with
an approved surface (Approved surface shall mean asphalt/bituminous,
concrete/PCC and any surface that is approved by the City Engineer).
Display areas shall be setback a minimum of five feet from all adjacent
property lines and 10 feet from roadways.
c.
Site plan: A striping plan for the parking lot, illustrating
the location of the customer/employee parking, display area for vehicles
for sale, location of any screening materials for the principal use,
including fences or landscape, and on-site circulation patterns must
be provided. Areas for customer and employee parking and vehicles
for sale must be clearly identified on the site plan. The required
number of parking spaces must be maintained at all times.
d.
Landscaping: Landscaping is not required within or surrounding
vehicle display areas. Parking lot landscaping in accordance with
Section 4-400, Landscaping and screening standards, shall be provided
for employee and customer parking areas.
e.
Signage: All signage, including all vehicle and window signage,
must meet the provisions of the UDO for industrial uses.
65.
Massage establishment. All massage establishments must comply
with the following criteria:
[Added 6-3-2014 by Ord. No. 7034B; amended 8-2-2016 by Ord. No. 7247; 12-11-2017 by Ord. No. 7419; 10-6-2020 by Ord. No. 7656; 9-19-2023 by Ord. No. 7964]
a.
A floor plan, drawn to scale, is required illustrating all the
services/uses listed.
b.
A complete list of the names, residence addresses, with zip
codes, and dates of birth of all licensed massage therapists engaged
in massage at the massage establishment, as well as current copies
of the licenses as issued by the State Department of Professional
Regulation of all licensed massage therapists must be provided.
c.
All massage establishments subject to this section are declared
to be public places, and shall not, during business hours, have the
doors to the exits and entrances of such establishment locked or obstructed
in any way so as to prevent free ingress and egress of persons; provided,
however, that such doors may be closed.
d.
Persons under 18 years of age are not permitted in a massage
establishment, unless accompanied by his/her parent or legal guardian.
e.
At least 75% of the window area of the massage establishment
shall be visible, installed with clear, nonreflective windows. Blocking
of windows with drapes, blinds or shelving is prohibited.
f.
No massage establishment shall be kept open for any purpose
between the hours of 9:00 p.m. and 8:00 a.m.
g.
No residential use is permitted within the massage establishment
at any time.
h.
Alcohol is not permitted to be served in a massage establishment
at any time.
i.
Prior to applying for a limited use permit, the owner shall
complete the required massage establishment license application. The
license shall be reviewed and approved prior to moving forward with
the limited use permit application.
j.
By applying for a limited use permit, the applicant is authorizing
the City, its agents or employees to seek information and conduct
an investigation into the truth of the statements set forth in the
application, including an investigation of the applicant's character,
qualification and criminal background check.
k.
By applying for a limited use permit, the applicant is consenting
to unannounced inspections by the City, its agents or employees for
the purpose of determining compliance with the provisions of this
section.
l.
Upon sale, transfer or relocation of a massage establishment,
the limited use will be considered null and void.
66.
Medical cannabis cultivation centers. All medical cannabis cultivation
centers must comply with the following standards:
[Added 6-17-2014 by Ord. No. 7038]
a.
Minimum distance from protected uses: No medical cannabis cultivation
center shall be established, maintained or operated on any lot that
has a property line with 250 feet of the property line of a preexisting
public or private preschool or elementary or secondary school or day-care
center, day-care home, group day-care home, part-day child-care facility,
or an area zoned for residential use.
[Amended 12-7-2021 by Ord. No. 7762]
b.
Measurement: For the purposes of this section, distances shall
be measured in a straight line, without regard to intervening structures
or objects, from the nearest point on the property of the lot on which
an applicable medical cannabis cultivation center is located to the
nearest point on a property line of any protected use. For occupancy
purposes, if a portion of the buffer touches the property, it does
not exclude the entire property. If a portion of the building is in
the buffer, the entire building would be considered in the buffer
and not eligible (as defined in Section 2-400C-66a above).
[Amended 12-7-2021 by Ord. No. 7762]
c.
Compliance with state regulations and rules: Each cultivation
center shall comply with the Compassionate Use of Medical Cannabis
Pilot Program Act (410 ILCS 130/1 et seq.) and all rules and regulations
adopted in accordance thereto.
d.
Single-use site: No cultivation center may be established in
multiple use or tenant property or on a site that shares parking with
other uses.
e.
Setbacks: Each cultivation center shall be a minimum of 50 feet
from all property lines.
f.
Parking:
i.
Parking areas shall be well lit and monitored by video surveillance
equipment whose live images can be viewed by cultivation center staff
and are continually recorded in a tamper proof format.
ii.
The video surveillance system shall be available
24 hours per day, and seven days per week to the City of Crystal Lake
Police Department and law enforcement agencies via a secure web-based
portal.
g.
Signage:
i.
All commercial signage for a cultivation center shall be limited
to one flat wall sign not to exceed 10 square feet in area, and one
identifying sign, not to exceed two square feet in area, which may
only include the cultivation center address. Such signs shall not
be directly illuminated.
ii.
Electronic message boards and temporary signs are
not permitted in connection with a cultivation center.
iii.
Signage shall not contain cannabis imagery such
as cannabis leaves, plants, smoke, paraphernalia, or cartoonish imagery
oriented towards youth, or language referencing cannabis.
h.
Age and access limitations: Each cultivation center shall prohibit
any person who is not at least 21 years of age from entering the cultivation
center property. Cultivation centers shall not employ anyone under
the age of 21. Access to the cultivation center site shall be limited
exclusively to cultivation center staff, local and state officials
and those specifically authorized under the Compassionate Use of Medical
Cannabis Pilot Program Act (410 ILCS 130/1 et seq.).
i.
Security and video surveillance:
i.
All cultivation, production and related operations at a medical
cannabis cultivation center shall occur in an enclosed locked facility
("facility"). Each cultivation center shall provide and maintain adequate
security on the entire site on which the cultivation center sits,
including lighting, video surveillance, security personnel and alarms
reasonably designed to ensure the safety of persons and to protect
the facility from theft. The facility shall be enclosed by a high-security
fence or wall. The fence or wall must be adequately secure to prevent
unauthorized entry and include gates tied into an access control system.
ii.
The medical cannabis cultivation center parking
area, cultivation, production, warehousing areas and shipping bays
and entrances shall be monitored by video surveillance equipment whose
live images can be viewed by cultivation center staff and are continually
recorded in a tamper proof format.
iii.
The video surveillance system shall be available
24 hours per day, and seven days per week to the City of Crystal Lake
Police Department and law enforcement agencies via a secure web-based
portal.
iv.
A sign shall be posted in a prominent location
which includes the following language: "THESE PREMISES ARE UNDER CONSTANT
VIDEO SURVEILLANCE."
v.
The Chief of Police or his/her assigned designee shall review
the adequacy of lighting, security and video surveillance installations
with the assistance from local law enforcement officials. The Chief
of Police or his/her assigned designee and the Crystal Lake Police
Department have the discretion to conduct periodic reviews of the
security features, as appropriate.
vi.
Loading of product shall occur within secure enclosed
shipping bays and shall not be visible from the exterior of the facility.
j.
Noxious odors: All cultivation centers shall operate in a manner
that prevents odor impacts on neighboring premises or properties and,
if necessary, the facility shall be ventilated with a system for odor
control.
k.
Conduct on site:
i.
A cultivation center may not sell or distribute any cannabis
to any individual or entity other than a dispensary organization registered
under the Compassionate Use of Medical Cannabis Pilot Program Act
(410 ILCS 130/1 et seq.).
ii.
It shall be prohibited to cultivate, manufacture,
process or package any product, other than medical cannabis and cannabis
infused products, at a cultivation center.
iii.
It shall be prohibited to consume cannabis products
in a cultivation center or anywhere on the site occupied by the cultivation
center. A sign, at least 8.5 inches by 11 inches, shall be posted
inside a cultivation center building in a conspicuous place and visible
to staff and shall include the following language: "Smoking, eating,
drinking, ingesting or other forms of consumption of cannabis products
is prohibited on cultivation center property."
67.
Medical cannabis dispensary. All cannabis dispensaries must
comply with the following standards:
[Added 6-17-2014 by Ord. No. 7038; amended 1-19-2021 by Ord. No. 7691]
a.
Minimum required buffer from protected uses:
[Amended 12-7-2021 by Ord. No. 7762]
i.
A medical cannabis dispensary may not be located within 250
feet of the property line of a preexisting public or private nursery
school, preschool, primary or secondary school, day-care center, or
residential care home. Learning centers and vocational/trade centers
shall not be classified as a public or private school for purposes
of this section.
ii.
A medical cannabis dispensary may not be located
within 250 feet of the property line of an existing religious establishment,
parks and open space, library, or recovery home.
iii.
A medical cannabis dispensary may not be located
within 250 feet of residentially zoned property.
iv.
For the purposes of this section, distances shall
be measured in a straight line, without regard to intervening structures
or objects, from the nearest point on the property of the lot on which
an applicable medical cannabis dispensary is located to the nearest
point on a property line of any protected use. For occupancy purposes,
if a portion of the buffer touches the property, it does not exclude
the entire property. If a portion of the building is in the buffer,
the entire building would be considered in the buffer and not eligible.
v.
Summary of buffer requirements:
Use
|
Required Buffer
(feet)
|
---|---|
Schools
|
250
|
Child care
|
250
|
Religious establishment
|
250
|
Residentially zoned property
|
250
|
Parks and open space
|
250
|
Library
|
250
|
Recovery home
|
250
|
b.
Sale of food for on-premises consumption shall not be allowed as
an accessory use or activity to a medical cannabis dispensary.
d.
Exterior display. A medical cannabis dispensary shall be maintained
or operated in a manner so that the public viewing of cannabis, cannabis
products, cannabis paraphernalia or similar products from any sidewalk,
public or private right-of-way or from outside of the cannabis dispensing
organization is not allowed.
e.
Hours of operations: Hours of operation are limited to between
6:00 a.m. and 10:00 p.m.
f.
Environmental: Emission of dust, fumes, vapors, or odors in
a manner that impacts neighboring premises or properties or any public
property or right-of-way shall be prohibited.
g.
Signage. Electronic message center signs are not permitted for
a medical cannabis dispensary.
h.
State requirements: The medical cannabis dispensary must comply
with all applicable provisions of the Compassionate Use of Medical
Cannabis Program Act, 410 ILCS 130/1 et seq., as may be revised or
amended from time to time.
i.
All hazardous waste and cannabis waste shall be disposed of
in accordance with the provisions of the statutes of the State of
Illinois and ordinances of the City of Crystal Lake.
j.
On-premises consumption: It shall be prohibited to consume cannabis
products in a medical cannabis dispensary or any where on the site
occupied by a dispensary.
68.
Home kitchen and cottage food operations. Home kitchen and cottage
food operations must comply with the following criteria:
[Added 3-1-2016 by Ord.
No. 7200]
a.
The City of Crystal Lake hereby adopts and incorporates the
provisions of the Food Handling Regulation Enforcement Act (410 ILCS
625/1 et seq.), as amended.
b.
Home kitchen operations and cottage food operations, as defined
by the Food Handling Regulation Enforcement Act, as amended, are permitted
within the City of Crystal Lake. The sale of non-potentially hazardous
food by home kitchen operations and by cottage food operations is
also permitted in accordance with the Food Handling Regulation Enforcement
Act.
c.
The City of Crystal Lake hereby authorizes the direct sale of
baked goods as described in Section 4 of the Food Handling Regulation
Enforcement Act.
d.
The home kitchen and cottage food operations must demonstrate
compliance with the limited use criteria for a home occupation (Section
2-400C3).
69.
Charging stations are permitted to utilize existing parking
spaces without affecting a property's ability to meet parking requirements.
Electric vehicle charging stations shall comply with the following
criteria:
[Added 3-1-2016 by Ord.
No. 7200; amended 3-15-2022 by Ord. No. 7790]
a.
Each charging station is permitted a maximum of one square foot
of signage.
b.
Electric charging stations and related equipment adjacent to
roadways shall be screened from the right-of-way with a screen and
adjacent evergreen plantings that are sufficiently tall and dense.
c.
Information identifying voltage and amperage levels or safety
information must be posted.
d.
White or yellow lettering that states "EV Charging Only," as
well as markings necessary to delineate spaces shall be the only pavement
markings permitted to identify charging station spaces.
e.
All equipment shall be protected via curbing, bollards, or similar
protective structure or device.
f.
If more than 20% of the spaces in a parking lot have EV charging
stations, these spaces shall not be delineated for EV vehicles only
and open to all vehicles.
71.
Stealth-designed wireless communication antennas. All stealth-designed
wireless communication antennas must comply with the following standards:
[Added 12-11-2017 by Ord.
No. 7419]
a.
Purpose and intent: The purpose of this subsection is to establish
general standards for the siting of stealth-designed wireless communication
antennas. The intent is to:
i.
Encourage users of antennas to configure them in a way that minimizes
the adverse visual impact of the antennas through careful design,
siting, landscape screening, and innovative camouflaging techniques.
ii.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently.
iii.
Avoid potential visual effects to adjacent properties through
engineering and careful siting of antenna structures.
c.
Exemptions: The following shall be exempt from the standards of this
subsection (but shall be required to comply with other relevant standards
in this Ordinance):
i.
A tower used by a public agency exclusively for police, fire, medical
emergency services, E911 or other public emergency communications.
ii.
Receive-only "dish" antennas with a diameter of 39 inches or less
located in a residential district and 80 inches or less located in
nonresidential districts, subject to the accessory use standards in
this Ordinance.
iii.
Antennas legally operated by FCC-licensed amateur radio operators.
d.
Standards for stealth-designed wireless communication antennas: Stealth-designed
wireless communication antennas, an accessory use, shall comply with
the following standards:
i.
Wireless telecommunications antennas must be enclosed, camouflaged,
screened, obscured or otherwise not readily apparent to a casual observer.
ii.
Antennas must be located on or in structures already permitted within
the zoning district in which they are located, such as steeples, water
towers, crosses, streetlights, monuments and parapet walls. The antennas
must be designed to blend into the structure.
iii.
The antenna must not increase the height of the structure to
which it is mounted.
iv.
All ground-mounted equipment associated with the stealth-designed
wireless communication antennas must be fully screened with a solid
board-on-board fence or with six-foot to eight-foot evergreen shrubs
planted in an alternate pattern, five feet on center.
[Added 6-18-2019 by Ord.
No. 7553]
v.
All ground-mounted equipment associated with the stealth-designed
wireless communication antennas must meet the required setbacks for
accessory structures as outlined in this Ordinance.
[Added 6-18-2019 by Ord.
No. 7553]
72.
Recovery Residences. Recovery residences must comply with the
following standards:
[Added 10-6-2020 by Ord.
No. 7656]
a.
A recovery home must be a licensed facility.
b.
A recovery residence cannot be located within 1,000 feet of
another recovery home, a school, or a family care facility.
c.
A recovery residence cannot be located within 500 feet of any
recreational cannabis dispensary or business with a valid liquor license.
d.
Every dwelling unit shall contain a minimum of:
i.
70 square feet of bedroom space per individual user and 50 square
feet of bedroom space each for more than one user.
ii.
120 square feet of living room space up to five
occupants and 150 square feet of living room space for six or more
occupants.
iii.
80 square feet of dining space up to five occupants
and 100 square feet of dining space for six or more occupants.
iv.
One person per 1,000 square feet of total lot area.
73.
Furniture Stores, Floor Covering Stores, Window Treatment Store,
All Other Home Furnishing Stores. Furniture stores, floor covering
stores, window treatment store, all other home furnishings stores,
home center, paint and wallpaper store, hardware store and other building
material dealers must comply with the following standards:
[Added 10-6-2020 by Ord.
No. 7656]
a.
Allowed in the M-L Zoning District if they warehouse, manufacture,
assemble or store products for retail sale on site.
74.
Solar Farms. Solar farms must comply with the following standards:
[Added 10-6-2020 by Ord.
No. 7656]
a.
The entire project site shall be surrounded with landscape and
a fabric-wrapped chain link fence, which would screen the property
from any roadways or public driveways.
b.
The grounds in and around the panels shall be repurposed for
wildflowers or agriculture. A landscape plan is required.
c.
One ten-foot-wide paved drive shall provide access around the
entire site.
75.
Commercial Solar. Commercial solar must comply with the following
standards:
[Added 10-6-2020 by Ord.
No. 7656]
76.
Cannabis dispensary. All cannabis dispensaries must comply with
the following standards:
[Added 10-1-2019 by Ord.
No. 7576]
a.
Minimum required buffer from protected uses:
[Amended 12-7-2021 by Ord. No. 7762]
i.
A cannabis dispensary may not be located within 250 feet of
the property line of a pre-existing public or private nursery school,
preschool, primary or secondary school, day-care center, or residential
care home. Learning centers and vocational/trade centers shall not
be classified as a public or private school for purposes of this section.
ii.
A cannabis dispensary may not be located within
250 feet of the property line of an existing religious establishment,
parks and open space, library, or recovery home.
iii.
A cannabis dispensary may not be located within
250 feet of residentially zoned property.
iv.
For the purposes of this section, distances shall
be measured in a straight line, without regard to intervening structures
or objects, from the nearest point on the property of the lot on which
an applicable cannabis dispensary is located to the nearest point
on a property line of any protected use. For occupancy purposes, if
a portion of the buffer touches the property, it does not exclude
the entire property. If a portion of the building is in the buffer,
the entire building would be considered in the buffer and not eligible.
v.
Summary of buffer requirements:
Use
|
Required Buffer
(feet)
|
---|---|
Schools
|
250
|
Child care
|
250
|
Religious establishment
|
250
|
Residentially zoned property
|
250
|
Parks and open space
|
250
|
Library
|
250
|
Recovery home
|
250
|
b.
Sale of food for on-premises consumption shall not be allowed
as an accessory use or activity to a cannabis dispensary.
c.
A cannabis dispensary may not conduct any sales or distribution
of cannabis other than as authorized by the Act.
d.
Exterior display: A cannabis dispensary shall be maintained
or operated in a manner so that the public viewing of cannabis, cannabis
products, cannabis paraphernalia or similar products from any sidewalk,
public or private right-of-way or from outside of the cannabis dispensing
organization is not allowed.
e.
Hours of operation: Hours of operation are limited to between
6:00 a.m. and 10:00 p.m.
f.
Environmental: Emission of dust, fumes, vapors, or odors in
a manner that impacts neighboring premises or properties or any public
property or right-of-way shall be prohibited.
g.
Signage: Electronic message center signs are not permitted for
a cannabis dispensary. No cannabis leaf or bud image may be used in
promotional signage for the dispensary.
h.
State requirements: The cannabis dispensary must comply with
all applicable provisions of the Cannabis Regulation and Tax Act,
410 ILCS 705/1 et seq., as may be revised or amended from time to
time.
i.
All hazardous waste and cannabis waste shall be disposed of
in accordance with the provisions of the statutes of the State of
Illinois and ordinances of the City of Crystal Lake.
j.
On-premises consumption: It shall be prohibited to consume cannabis
products in a cannabis dispensary or anywhere on the site occupied
by a dispensary.[4]
[4]
Editor's Note: Former Subsection C.76.k, which authorized
a maximum of two cannabis dispensaries to operate within the City
at any one time, added 5-19-2020 by Ord. No. 7621, which immediately
followed this subsection, was repealed 12-7-2021 by Ord. No. 7762.
77.
Other cannabis business establishments. All cannabis business establishments
other than a cannabis dispensary must comply with the following standards:
[Added 1-19-2021 by Ord.
No. 7691]
a.
All activity must take place within an enclosed building including,
but not limited to, growing, harvesting, processing, storage, loading
and unloading, and product packaging.
b.
Emission of dust, fumes, vapors, or odors in a manner that impacts
neighboring premises or properties or any public property or right-of-way
shall be prohibited. To the extent necessary, mechanical equipment
shall be installed to eliminate odor leaving the building.
c.
Minimum required buffer from protected uses:
[Amended 12-7-2021 by Ord. No. 7762]
i.
The cannabis business establishment may not be located within
250 feet of the property line of a preexisting public or private nursery
school, preschool, primary or secondary school, day-care center, or
residential care home. Learning centers and vocational/trade centers
shall not be classified as a public or private school for purposes
of this section.
ii.
The cannabis business establishment may not be
located within 250 feet of the property line of an existing religious
establishment, parks and open space, library, or recovery home.
iii.
The cannabis business establishment may not be
located within 250 feet of residentially zoned property.
iv.
For the purposes of this section, distances shall
be measured in a straight line, without regard to intervening structures
or objects, from the nearest point on the property of the lot on which
an applicable other cannabis business establishment is located to
the nearest point on a property line of any protected use. For occupancy
purposes, if a portion of the buffer touches the property, it does
not exclude the entire property. If a portion of the building is in
the buffer, the entire building would be considered in the buffer
and not eligible.
v.
Summary of buffer requirements:
Use
|
Required Buffer
(feet)
|
---|---|
Schools
|
250
|
Child care
|
250
|
Religious establishment
|
250
|
Residentially zoned property
|
250
|
Parks and open space
|
250
|
Library
|
250
|
Recovery home
|
250
|
d.
The cannabis business establishment may not conduct any production,
sales, or distribution of cannabis or cannabis products other than
as authorized by the Act.
e.
State requirements: The cannabis business establishment must
comply with all applicable provisions of the Cannabis Regulation and
Tax Act, 410 ILCS 705/1 et seq., as may be revised or amended from
time to time.
f.
All hazardous waste and cannabis waste shall be disposed of
in accordance with the provisions of the statutes of the State of
Illinois and ordinances of the City of Crystal Lake.
g.
The cannabis business establishment will comply with the off-street
parking and loading requirements for "Industrial uses" as provided
by Section 4-200 of this Unified Development Ordinance.
78.
Tourist homes. Tourist homes shall comply with the following
criteria:
[Added 4-18-2023 by Ord.
No. 7917]
a.
General:
i.
A tourist home may only be operated in the F, E, RE, R-1, R-2,
R-3A, R-3B, R-O, or B-4 Zoning Districts pursuant to the terms and
conditions of a limited use permit and applicable criteria set forth
in the City Code.
ii.
A tourist home must be located in a structure that
is permitted in the zoning district in which it is located.
b.
Accessory structures cannot be utilized as a tourist home.
c.
Occupancy. A tourist home shall be restricted as follows: A
maximum of five bedrooms are permitted in a tourist home. All occupants
shall have bedroom space which meets the following criteria: 70 square
feet of bedroom space shall be provided in each bedroom occupied by
not more than one person. If more than one person occupies a bedroom,
such bedroom shall contain not less than 50 square feet per person.
Kitchens, bathrooms, hallways, and closets are not considered habitable
rooms for sleeping purposes.
d.
No tourist home may be rented for a period of less than 24 hours.
e.
Off-street parking: The site shall comply with the required
number of parking spaces identified in Section 4-200, Off-street parking
and loading. Parking areas having fewer than 10 spaces are not required
to meet the landscaping requirements.
f.
Tourist homes do not include rooming or boardinghouses in which
a tenant shall contemporaneously occupy a dwelling unit (or portion
thereof) with the owner or long term tenant of the dwelling unit.
Tourist homes also do not include: a) a dwelling unit that is used
for any nonresidential purpose, including event center, banquet facility,
wedding venue, or another similar uses; or b) a bed-and-breakfast
establishment as defined by Section 2 of the Illinois Bed and Breakfast
Act (50 ILCS 820/2).
g.
Life safety. No premises may be operated as or used for a tourist
home unless and until a certificate of occupancy has been issued for
such use by the City. As a condition for any such certificate of occupancy,
the premises shall be required to pass a life safety inspection administered
by the City or a City designee.
h.
The limited use permit for any tourist home that is found to have violated provisions of City Code Chapter 364, Nuisances, four times in any twelve-month period will be revoked.
i.
The limited use permit for any tourist home shall be revoked
if:
i.
The operator of the tourist home fails to register with the City in accordance with the § 467-42; or
ii.
The operator of the tourist home fails to comply with the requirements of Article VIII of Chapter 467 of the City Code and fails to correct such noncompliance with 30 days after the latest of: A) a notice sent pursuant to § 467-45; B) the conclusion of a hearing pursuant to § 467-45; or C) the conclusion of an appeal pursuant to § 467-46.
j.
The owners, renters, and guests of a tourist home shall be jointly
and severally liable for any fines or penalties incurred as a result
of violations of City Code provisions occurring on the premises of
such tourist home.
k.
The limited use permit application must contain contact information
for a person who can be reached locally in case of emergencies.
[Amended 7-7-2009 by Ord.
No. 6475; by Ord.
No. 6543; 1-18-2011 by Ord. No. 6641; 12-20-2011 by Ord. No. 6765; 6-3-2014 by Ord. No. 7034; 8-2-2016 by Ord. No. 7247]
A.
Application. Applications for temporary use permits (TUPs) shall
be made to and approved by the Zoning Administrator. TUPs which cannot
meet the standards provided in this section are required to be approved
by the City Council. The Zoning Administrator, at his/her discretion,
may require City Council approval for any TUP request in accordance
with the provisions of this Ordinance. Application for temporary use
permits, where valid complaints or documented violations of previous
temporary use permit approvals are noted, are required to be approved
by the City Council.
B.
Review criteria for temporary uses. The following standards for specific
uses, to be approved as temporary uses, are hereby established:
1.
General temporary uses. All other promotions, events, or uses
that are determined to be a temporary use by the Zoning Administrator
must comply with the following criteria:
a.
Term: The petitioner shall specify the date(s) of the activity.
b.
Event details: Provide a detailed written explanation of the
promotion or event, including, but not limited to, hours of operation,
lists of activities, location of activities, and an explanation of
who would be participating in the use.
c.
Location: A site plan shall be provided illustrating the location
of all items, activities, and equipment to be used during the event
or promotion.
d.
Other conditions: The temporary use must comply with the conditions
of approval, as required by the City's departments.
C.
Review criteria for specific uses. The following review criteria
for specific temporary uses to be approved are hereby established.
[Added 10-6-2020 by Ord.
No. 7656]
1.
Farming:
a.
The use is valid for one year, which can be renewed annually.
b.
Any landscape buffer strip between the crops and the street,
shall maintained and grass shall be below eight inches in height.
c.
Create a designated area, which contains a rocky area where
the farm equipment can enter and exit the property.
d.
Provide a $10,000 bond or letter of credit for any damage to
the existing parkway.
e.
No crops shall be planted within the City's right-of-way.
f.
The property shall be cognizant of all sight-lines and if there
are any issues with sight-lines the owner would cut the crops accordingly.
g.
Work may be performed between 7:00 a.m. and dusk.
2.
Model Homes:
a.
Parking. A temporary parking lot shall be installed on one of
the lots adjacent to the model homes. The temporary parking lot must
be paved with an approved surface and meet parking lot dimensional
standards outlined in Section 4-200 and be removed as soon as the
model homes are closed.
b.
Signs. A signage plan is required to be approved with the TUP,
which outlines the quantity, location and size of all signs. It shall
also list the duration when the signs would be posted. Any off-site
signage shall be accompanied with the property owner's approval. Signs
shall not obstruct views or sight-lines and signs within 10 feet of
the property line shall not exceed 3.5 feet in height.
c.
Plan. Indicate on a map which home lots are the model homes
and any other improvements around the lots including landscaping and
fencing. Any fencing is required to be removed when the model homes
are closed.
d.
Lighting. All lighting shall meet the exterior lighting standards
of Section 4-800.
A.
Purpose. It is the purpose of this section to establish standards
for the installation and operation of industrial uses based upon consideration
of the environmental impact of such uses. The standards established,
and found in pertinent state statutes, as amended, and enforced by
appropriate state agencies, shall provide the basis for determining
the proper zone for particular uses. Uses which cannot meet the minimum
standards found herein shall not be considered permitted uses. All
uses shall comply at all times with all ordinances of the City.
B.
Applicability. Any principal or accessory uses shall be subject to
these standards regardless of the location or zone in which it is
permitted.
C.
Permit procedure.
1.
Before issuing a building permit for a use in the M Zoning District,
the applicant shall furnish sufficient information to enable the Building
Commissioner to ensure that all performance standards and site development
standards set forth in this Ordinance can and will be complied with
at all times. In order to determine whether or not the applicant will
meet such standards, the Building Commissioner may require the applicant
to submit the following information:
a.
A site plan showing the location of all existing and proposed
structures, drives, parking lots, above or below ground waste disposal
and bulk storage areas, adjacent existing structures and zoning, streets,
streams or other significant features on or within 200 feet of the
proposed site.
b.
A description of the activity to be conducted, including the
type and size of equipment or machinery to be operated, waste products,
external effects or other conditions which are regulated herein; provided,
however, that the applicant shall not be required to reveal any trade
secrets or sufficient details with regard to a process which would
cause any secret process or manufacturing procedure for a closely
guarded proprietary compound or product to become public knowledge
and be available to competitors.
c.
The type and location of abatement devices to control, or recording
instruments to measure conformance with required standards, not including
devices and instruments which are inherent in the manufacturing process.
2.
All information and evidence submitted in applications to indicate
conformity to performance standards shall constitute certification
and agreement on the part of the applicant that the proposed use can
and will conform to such standards at all times.
D.
Radiation hazards.
1.
The handling of radioactive materials, the discharge of such
materials into the air and the water, and the disposal of radioactive
wastes shall be in conformance with the following:
2.
Any radioactive material moved into or through the City of Crystal
Lake shall be prohibited unless a City license is granted.
E.
Fire and explosive hazards.
1.
The applicable provisions of the Illinois Compiled Statutes
shall be complied with, and no explosives shall be stored or used,
without first submitting to the Building Commissioner, a certificate
of compliance from the Illinois Department of Mines and Minerals.
2.
No gasoline, other inflammables or explosives shall be stored
unless the locations, plans and construction conform to the laws and
regulations of the State of Illinois and have the approval of the
State Division of Fire Prevention and the City.
3.
No manufacturing or processing of explosive substances shall
be permitted within the City limits.
F.
Glare and heat.
1.
Every use and activity shall be so operated that it does not
emit heat or heated air beyond the boundary of the lot on which it
is located. No direct or sky-reflected glare shall emanate from any
use or activity so as to be visible at any point on or beyond the
boundary of the lot on which such use or activity is located. The
restriction shall not apply to signs otherwise permitted by the provisions
of this and other applicable ordinances, nor to activities of a temporary
or emergency nature. All uses shall meet all the applicable provisions
of Section 4-800, Exterior lighting standards.
2.
Night lighting necessary for safety and the protection of property
shall not illuminate or otherwise shine directly upon any neighboring
residential property. Any source of light which is injurious to humans,
animals or plants is prohibited.
G.
Electromagnetic interference.
1.
There shall be no electromagnetic interference that adversely
affects the operation of any equipment other than that belonging to
the creator of such interference, or that does not conform to the
regulations of the Federal Communications Commission.
H.
Environmental standards.
1.
Standards for noise, vibration, smoke and particulate matter,
odors and similar nuisances are found in the applicable state statutes
and enforced by appropriate state agencies.
I.
Enforcement.
1.
The Zoning Enforcement Officer shall enforce the provisions of this article. Upon confirmation of a violation, enforcement and penalty provisions of Article 9, Administration, shall prevail. In addition, the City may require that the offending industry install, maintain and operate continuous measuring or recording instruments to demonstrate the operation and to ensure continuous compliance with the prescribed standards.