This section is established in recognition
that certain uses cannot be treated in the same manner as other uses
due to their very nature and unique characteristics which may affect
public health, safety and welfare; establish a public nuisance; conflict
with the character of a neighborhood; impair the social and economic
well-being of neighboring properties; impair the general development
of an area; or operate in a manner contrary to the intent and purpose
of this Code. These uses, when properly placed and regulated, can
contribute to the economic vitality of the City. Therefore, it is
the purpose of this section to specify minimum standards that shall
be required for certain land uses, in addition to the underlying zoning
district regulations, to improve compatibility with neighboring properties
and discourage incompatible land uses.
[Amended 2-27-2023 by Ord. No. 2023-19]
The provisions of this section apply
to all Zoning Districts unless indicated otherwise. If there is a
conflict between this section and the individual requirements of the
Zoning District, the Zoning Administrator shall determine which standards
control. Uses subject to a special use permit may be granted a waiver
to any use provision as part of that permit, subject to the approval
of the reviewing board or commission.
No person shall maintain any colony
of bees, including honey bees, combs, honey, pollen, and brood, anywhere
in the City without complying with the following requirements.
A. It shall be the duty of any person keeping
honey bees on property in the City to maintain each colony so as not
to create a public nuisance.
B. Honey bee colonies shall, in addition,
shall be maintained in the following condition:
(1)
All honey bee hives shall be registered
with the State Department of Agriculture as required by state law.
(2)
Colonies shall be maintained in movable
frames or similar hives located in the side or rear yard not less
than 10 feet from any property lines.
(3)
Adequate techniques, such as requeening,
in handling bees, and adequate space in the hive shall be maintained
to prevent unprovoked stinging 10 feet or more from the hive.
(4)
Lots having less than one acre of
land shall be permitted by right to have not more than two hives.
(5)
Lots having equal to or greater than
one acre of land shall be permitted to have not more than two hives
plus as a conditional use one additional hive for every half acre
of land over one acre.
C. Any other nest or colony of stinging insects,
such as yellow jackets, hornets, other varieties of bees, and wasps,
including Vespidae, in trees, buildings, underground, or in any other
space, diseased colony of honey bees, or any colony of bees not maintained
in compliance this Code, constitutes a public nuisance. The existence
of a nest of wild bees of any type, not cultivated by any person and
whose honey is not harvested by any person, shall not constitute a
violation of this Code unless such a nest is in such location as to
present a threat of stinging to any person on any public street, sidewalk,
mall, park, or public space, or to make any person in any parking
lot, sidewalk, mall, park, or other public place, or to any person
in any parking lot, sidewalk, or other place open to the public in
a shopping center or other privately owned property open to the public,
or to any person on adjacent private property.
Diagram 1005
|
[Amended 10-24-2022 by Ord. No. 2022-99; 3-25-2024 by Ord. No. 2024-015]
A. On lots less than or equal to one acre with a primary use of a single-family or two-family dwelling, or primary use of 1) preschools, 2) private and public schools, and 3) boarding schools, the keeping of up to four chickens may be permitted as an accessory use and shall comply with Chapter
8 and Chapter
22 of the Bloomington Code, 1960, as amended.
B. On lots greater than one acre with a primary use of a single-family or two-family dwelling, or primary use of 1) preschools, 2) private and public schools, and 3) boarding schools, the keeping of up to four chickens plus one additional chicken per half acre in excess of one acre may be permitted as an accessory use and shall comply with Chapter
8 and Chapter
22 of the Bloomington Code, 1960, as amended.
C. Neither the keeping of roosters nor the
keeping of chickens for slaughter shall be permitted.
D. Chickens shall be provided with a covered
enclosure and must be kept in the covered enclosure or a fenced enclosure
at all times. This does not include a standard privacy fence which
encloses the yard area along the property line.
E. Enclosures are not permitted in any front
or side yard and shall be set back a minimum distance of 10 feet from
all property lines.
F. All feed and other items associated with the keeping of chickens
that are likely to attract or to become affected by pests shall be
protected and stored.
G. All chicken-keeping uses shall be permitted in accordance with the general permitting requirements, as found in §
44-1716.
Diagram 1011
|
[Amended 2-27-2023 by Ord. No. 2023-19]
A. All mobile food and beverage vending businesses shall be licensed with the City of Bloomington, per the requirements of §
38-923, and must operate within the confines of said license and the restrictions in Chapter 11 (Business Licenses, Registration and regulations) of the City Code.
B. All mobile food and beverage vending businesses shall comply with
the following:
(1)
Businesses operating on private property shall have the consent
of the principal business owner/property owner;
(2)
The operation may not obstruct traffic in the lot or reduce
the number of parking spaces for the principal business below the
number required by City Code.
(3)
The operation shall be at least 15 feet from the front property
line.
[Added 12-16-2019 by Ord.
No. 2019-89]
Prohibition on certain adult use cannabis business establishments. No adult-use cannabis craft grower, adult-use cannabis cultivation center, adult-use cannabis infuser organization or infuser, adult-use cannabis processing organization or processor, adult-use cannabis transporting organization or transporter shall be permitted or allowed within the City of Bloomington. No adult-use cannabis dispensing organization shall be permitted or allowed within the City unless it complies with and obtains a special use in accordance with §
44-1039.
[Added 12-16-2019 by Ord.
No. 2019-89]
A. Purpose
and applicability. It is the intent and purpose of this section to
provide regulations regarding the dispensing of adult-use cannabis
occurring within the corporate limits of the City of Bloomington.
Such adult-use cannabis dispensing organizations shall comply with
all regulations provided in the Cannabis Regulation and Tax Act (
hereinafter "Act"), as it may be amended from time to time, and the
regulations provided below. If the Act is amended, the more restrictive
of the state or local regulations shall apply, except as pre-empted.
B. Limitation.
No more than two adult-use cannabis dispensing organizations shall
be granted a special use and permitted to be located within the City
of Bloomington. Each adult-use cannabis dispensing organization may
only be located upon approval of a special use as set forth in this
section.
C. Application. In addition to the special use application requirements of §
44-1707, the application for a special use for adult-use cannabis dispensing organizations must include all the following information and documents:
(1) The
legal name and, if different than the legal name, the trade name of
the proposed adult-use cannabis dispensing organization for which
the special use is sought.
(2) The
commonly known address of the proposed adult-use cannabis dispensing
organization.
(3) The
property owner's name and address.
(4) The
legal name of the applicant, if different than the name of the proposed
adult-use cannabis dispensing organization.
(5) The
address, telephone number and email address of the adult-use cannabis
dispensing organization and applicant's principal place of business,
if different than the common address of the proposed adult-use cannabis
dispensing organization. A post office box may not be submitted as
the address of the applicant's principal place of business.
(6) A
copy of a business plan for the proposed adult-use cannabis dispensing
organization that includes, without limitation, the following information:
(a) A description of the products and services that the proposed adult-use
cannabis dispensing organization intends to offer, if any;
(c) Anticipated number of customers (if applicable); and
(d) The proposed hours and days of operation of the proposed adult-use
cannabis dispensing organization.
(7) A
security plan that describes how the proposed adult-use dispensing
organization will provide security for its inventory, customers and
employees shall be submitted to the Economic and Community Development
Department. The security plan shall be shared with the Chief of Police
for review and recommendation. The security plan shall be kept confidential
to the extent permitted by law. Without limitation, the security plan
shall include the following information:
[Amended 10-26-2020 by Ord. No. 2020-69]
(a) A description of the procedures that the proposed adult-use dispensing
organization will implement to prevent the diversion, theft or loss
of cannabis during the delivery of cannabis to, and possibly from,
the adult-use cannabis dispensing organization by another adult-use
cannabis business establishment, including, without limitation, the
use of delivery manifests;
(b) A description of the procedures that the proposed adult-use cannabis
dispensing organization will implement to:
[1] Monitor the activities conducted within the proposed adult-use cannabis
dispensing organization;
[2] Secure the proposed business, including, without limitation, the
adult-use cannabis dispensing organization agents, cannabis and currency
stored at the business; and
[3] Prevent the diversion, theft or loss of cannabis; and
(c) A description of the procedures that the proposed adult-use cannabis
dispensing organization will implement to restrict access to limited-access
areas and restricted-access areas within and outside of the establishment.
(8) A
written, and notarized statement that the applicant owns the property
on which it proposes to operate the adult-use cannabis dispensing
organization or, if the applicant does not own the property, a written,
and notarized, statement from the property owner certifying the owner's
consent to the use of the property as an adult-use cannabis dispensing
organization.
(9) A
statement of the impact of the proposed adult-use cannabis dispensing
organization on existing and/or planned uses located within the vicinity
of the subject property.
(10) A map of the area surrounding the location of the proposed adult-use
cannabis dispensing organization identifying the businesses, and the
nature of each surrounding use, located within 1,000 feet of any part
of the property line of the proposed adult-use cannabis dispensing
organization in existence at the time that the application of a special
use permit is filed with the City.
(11) Schematic drawings illustrating the design and character of the building
elevations, types of construction and floor plans of all proposed
buildings and structures.
(a) The drawing shall also include a schedule showing the number, type
and floor area of all uses or combinations of uses, and the floor
area of the entire development.
(b) The drawings shall illustrate ingress/egress of the entire building,
as well as ingress/egress for any and all secured areas and restricted-
or limited-access areas.
(c) The drawing shall illustrate any loading and handling facilities,
including trash and waste.
(d) The drawings shall illustrate video surveillance areas, panic button
locations and other security systems as needed.
(12) A comprehensive site plan, drawn to scale, compliant with the requirements of §
44-1707 of this code, that also includes:
(a) Anticipated parking demand and available private parking supply;
(b) A photometric lighting plan for the proposed project if the project
would result in new exterior lighting or changes to the existing exterior
lighting;
(c) A site drainage plan, if applicable.
(13) Information sufficient to demonstrate that the proposed adult-use
cannabis dispensing organization complies with all applicable state
laws and regulations, as such laws and regulations may be adopted
or amended from time to time.
D. Special use considerations. Adult-use cannabis dispensing organization special uses shall be processed in accordance with §
44-1707 (special uses) of this Chapter
44. Additionally, the Zoning Board of Appeals and the City Council, when determining to approve a special use permit, shall evaluate the following based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:
(1) Impact
of the proposed facility on existing or planned uses located within
the vicinity of the subject property.
(2) Proposed
structure in which the facility will be located, including co-tenancy
(if in a multi-tenant building), total square footage, security installations/security
plan and building code compliance.
(3) Hours
of operation and anticipated number of customers/employees.
(4) Anticipated
parking demand, proximity to public transit and available private
parking supply.
(5) Anticipated
traffic generation in the context of adjacent roadway capacity and
access to such roadways.
(6) Site
design, including access points and internal site circulation.
(8) Compliance with all requirements provided in Subsection
H(1) (adult-use cannabis dispensing organization); as applicable.
(9) The
number of adult-use cannabis business establishments already in operation,
which shall not exceed two.
(10) Other criteria determined to be necessary to assess compliance with §
44-1707, Special uses, of this chapter.
E. General
operational standards. The following requirements shall apply to all
adult-use cannabis dispensing organizations:
(1) Applicant
shall install building enhancements, such as security cameras, lighting
or other improvements, as set forth in the special use, to ensure
the safety of employees and customers of the adult-use cannabis dispensing
organizations, as well as its environs. The improvements shall be
determined based on the specific characteristics of the floor plan
for an adult-use cannabis dispensing organization and the site on
which it is located, consistent with the requirements of the Act.
(2) No
consumption of cannabis may be permitted on the premises.
(3) Any
cannabis, cannabis-infused products or cannabis waste on the premises
must always be stored within secure refuse containers located within
a restricted access area at all times prior to the destruction and
disposal thereof, which destruction and disposal must be performed
pursuant to all applicable state laws and regulations, as may be amended
from time to time.
(4) All
advertising shall comply with advertising and promotional standards
of the Cannabis Regulation and Tax Act and with the City of Bloomington
Sign Code.
(5) Adult-use
cannabis dispensing organizations may not be located in a dwelling
unit or operated as a home occupation.
F. Screening
and buffering. All adult-use cannabis dispensing organizations shall
comply with the landscaping provisions, including transitional yard
and screening requirements of Division 13 of this code.
G. Parking.
Off-street parking shall be provided in accordance with Division 12
of this code.
H. Specific
operational standards. The following additional requirements shall
apply:
(1) Adult-use
cannabis dispensing organization ("dispenser"). In those zoning districts
in which an adult-use cannabis dispensing organization may be located,
the proposed dispenser must comply with the following:
(a) Dispenser may not be located within 500 feet of the property line
of a preexisting public or private nursery school, preschool, primary
or secondary school, day-care center, day-care home, residential care
home, place of worship or park/playground. Learning centers and vocational/trade
centers shall not be classified as a public or private school for
purposes of this section.
(b) Dispenser may not be located within 250 feet of the property line
of a preexisting property zoned R1 A, R1 B, R1 C, R1 H, R2, R3A, R3B,
R4 GAP 1, GAP 2, GAP 3, GAP 4.
(c) At least 75% of the floor area of any tenant space occupied by a
dispensing organization shall be devoted to the activities of the
dispensing organization as authorized by the Act, and no dispenser
shall also sell food for consumption on the premises.
(d) Dispenser may not conduct any sales or distribution of cannabis other
than as authorized by the Act.
(e) Dispensers that display or sell drug paraphernalia shall do so in
compliance with the Illinois Drug Paraphernalia Control Act (720 ILCS
600/1 et seq.) and the Cannabis Regulation and Tax Act.
(f) Dispensers may not have a drive-through service window.
(g) All dispensers must be equipped with a secure unloading space for
the reception of deliveries of recreational cannabis and recreational
cannabis-infused products, which space must be:
[1] Located within an enclosed area of the principal structure in which
the adult-use cannabis dispensing organization operates;
[2] Secured by doors that are closed and locked during all times that
deliveries of recreational cannabis or recreational cannabis-infused
products are unloaded; and
[3] A restricted-access area.
(h) All dispensers must be located at least 1,500 feet from the property
line of another adult-use cannabis dispensing organization.
(i) Petitioner shall file an affidavit with the City affirming compliance with Subsection
H(1) as provided herein and all other requirements of the Act.
[Added 2-8-2021 by Ord.
No. 2021-5]
A. Size. Each residential unit shall be a minimum of 800 square feet.
B. Location of entrances. Only one entrance shall be located on the
front facade of the structure.
C. Driveways. Each dwelling unit shall be served by one common driveway
connecting all units to a public road or alley.
D. Parking. Each dwelling unit shall be required to have a minimum of
one (1) off-street parking space. Tandem parking spaces (one car parked
behind another) shall be prohibited.
[Added 2-8-2021 by Ord.
No. 2021-5]
A. Location of entrances. Only one entrance shall be located on the
front facade of the structure.
B. Outdoor activity/storage. No outdoor activity or storage shall be
permitted in conjunction with an office conversion use.
C. Location of parking. All off-street parking, as required by §
44-1208E of this UDO, shall be located in the rear of buildings.
D. Driveways. Curb cuts and site vehicular access shall be minimized
in frequency and width and shall not dominate the site plan or the
property and street frontage.
E. Traffic. Office conversion uses shall not create pedestrian, automobile,
or truck traffic significantly in excess of the normal amount of the
district.
F. Location of service, loading, and utility areas. Service areas, dumpsters,
utilities, and the required screening thereof shall not be visible
from a right-of-way.
G. Walkways. Pedestrian access shall be provided to the building entries
and parking areas connecting to the sidewalk at the street frontage.
H. Signs. Office conversion uses shall be permitted one monument sign.
The sign shall not exceed six square feet in area nor four feet in
height. Sign materials shall complement the building materials, colors,
and architectural character of the primary structure.
[Added 10-24-2022 by Ord.
No. 2022-99]
A. Orientation. Any shared, main entrance shall face the primary street.
B. Location. The minimum required side yard at interior lot lines shall
be zero feet. The minimum distance between structures shall be at
least 10 feet in any zoning district.