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.
A.
Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan shall also indicate approach zones, terminals, runways, taxi ways, aprons, and navigational aids.
B.
Maximum height. Height of structures shall
be limited in accordance with the requirements of the Federal Aviation
Administration and the Illinois Department of Aeronautics for the
class of airport or landing field being proposed.
C.
The following minimum site and bulk standards
shall be required for the siting and development of any airport and
landing field.
|
Table 1003: Airport and Landing Field
Bulk Standards
| |||||
|---|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| ||||
|
Min. Lot Area
|
Min. Lot Width
|
Min. Lot Depth
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
28 acres
|
250 feet
|
1,900 feet
|
100 feet
|
50 feet
|
100
|
A.
Location. An animal detention facility
or kennel with outdoor exercise facilities shall not be located closer
than 300 feet to a residential district boundary line.
(1)
Outdoor areas for animals (animal
runs and animal exercise areas) shall be located at least 1,000 feet
away from the lot line of any lot zoned in a Residential District,
or at least 1,000 feet away from the lot line of any lot that is the
site of a dwelling.
B.
Screening. In addition to the requirements of Article XIII of this Code, a six-foot high fence shall be required to enclose outdoor animal areas.
C.
Building height. The maximum permitted
building height shall be 15 feet or 1 1/2 stories, whichever
is lower.
D.
The following minimum site standards shall
be required for the siting and development of any animal detention
facility or kennel with outdoor exercise.
|
Table 1004: Animal Detention, Kennels
with Outdoor Exercise Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
1 acre
|
100 feet
|
20 feet
|
20 feet
|
20 feet
|
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
 |
A.
Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan shall also indicate the following:
(1)
Site size in acres;
(2)
Existing physical features (e.g.,
drainage easements, streams, and wetlands);
(3)
Proposed utilities showing size,
types, location, and elevations (including water mains, valves, hydrants,
sanitary sewers, and storm sewers);
(4)
Location of refuse storage areas (dumpsters must be screened in accordance with Article XIII of this code);
(6)
Finished grading plan of the site
at two-foot contour intervals;
(7)
Drainage plan indicating direction
of run-off flow, location of catch basins and water retention and/or
detention areas; land to be dedicated for streets and drainage right-of-way
and easements for other utilities.
(8)
Truck routing plan for routing truck
traffic to the site of the proposed asphaltic concrete plant.
B.
Location.
(1)
The closest lot line for any proposed
asphalt plant shall not be located closer than 2,000 feet from the
lot line of any dwelling, daycare center, pre-school, or school.
(2)
The proposed site for the asphaltic
concrete plant shall be contiguous to a major or collector street
that has been improved (thickness and width) to accommodate the anticipated
traffic in accordance with the Bureau of Local Roads and Streets Manual,
published by the Illinois Department of Transportation.
C.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following minimum buffers and screening shall be required.
(1)
A wire mesh or chain link fence shall
be installed and maintained around the perimeter of the site. Said
fence shall have a height of at least eight feet. All gates in the
fence shall be locked whenever workers are not present.
(2)
An asphaltic concrete plant shall
provide a natural buffer strip at least 100 feet wide between the
working edge of any plant operation and any property boundary. Natural
buffer strip materials may consist of earthen berm of not less than
six feet in height, hedges, rows of trees or other fast-growing foliage
that will obscure the sight of the asphalt plant's operation.
D.
Paving. The facility shall have a driveway
paved with an approved concrete or asphalt/concrete surface and at
least 25 feet wide wherever any continuous truck traffic is proposed.
With the exception of equipment and material storage areas, all parking
and traffic circulation areas shall be hard surfaced.
E.
Operational standards.
(1)
The hours of operation for any asphaltic
concrete plan shall be limited to 6:00 a.m. to 7:30 p.m., Monday through
Saturday. Expanded hours and Sunday operations may be allowed on an
occasional basis (no more than 12 projects per year) provided such
operation is registered in advance with the City of Bloomington. During
expanded hours and Sunday operation, the City Manager may impose additional
restrictions reasonably related to health, safety, and welfare.
(2)
The proposed asphaltic concrete plant
shall comply with all applicable regulations of the Illinois Environmental
Protection Agency. Any proposed hot-mix asphaltic concrete plant shall
be equipped with a fabric filter (bag house) operating consistently
with a six to one (or less) air-to-cloth ratio or operate a wet collector
which can achieve a pressure drop of 16 inches or more or provide
an air pollution control system of at least equal quality.
(3)
Any automatic batching equipment
and recording equipment on a hot-mix asphaltic concrete plant shall
meet the requirements currently set forth in the American Society
for Testing Materials (ASTM) designation 995, Paragraphs 3.6 and 3.7.
Any proportioning, sampling, and recording equipment on and at a continuous-mix
asphaltic concrete plant on the platform scales shall meet the requirements
currently set forth in the ASTM Designation 995, Paragraphs 4.5 and
4.6.
F.
Noise. In addition to the standards of § 44-911D, low frequency noise readings from the burners at a hot-mix asphaltic concrete plant shall not exceed the following:
G.
The following minimum lot standards shall
be required for the siting and development of any asphaltic concrete
plant.
|
Table 1006: Asphaltic Concrete Plants
- Lot Standards
| |
|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
|
10 acres
|
200 feet
|
A.
Any structure devoted to a bed-and-breakfast
use shall have been constructed prior to 1950.
B.
A building floor plan shall be filed as
part of the application for a bed-and-breakfast establishment. The
floor plan shall designate areas to be used as a bed-and-breakfast
establishment and identify all means of egress, all required exit
signs, all rest room facilities, and all food preparation/storage
areas.
C.
Parking. Off-street parking spaces required pursuant to Article XII of this Code shall be located on the same lot as the bed-and-breakfast establishment, on an abutting lot, or on a lot not more than 500 feet from the site of such bed-and-breakfast establishment.
D.
The following minimum site and bulk standards
shall be required for the siting and development of any bed-and-breakfast
establishments.
|
Table 1007: Bed-and-breakfast Establishment
- Bulk Standards
| ||
|---|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
Max. Building Height
|
|
7,000 square feet
|
60 feet
|
3 stories
|
A.
Location. Camps and camping establishments
shall be so located as to have direct access from an improved major
or collector roadway to avoid routine ingress and egress through residentially
developed neighborhoods.
B.
Repair work for travel trailers, recreational
vehicles and similar vehicles shall be permitted only for the maintenance
and upkeep of those vehicles housed on the property and shall be carried
on only within a completely enclosed building.
C.
Permanent drinking and toilet facilities
shall be provided in accordance with applicable regulation of the
McLean County Health Department.
D.
Building height. The maximum permitted
building height shall be 15 feet or one story, whichever is lower.
E.
The following minimum site and bulk standards
shall be required for the siting and development of any camp or camping
establishment.
|
Table 1008: Camps and Camping Establishments
Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
10 acres
|
300 feet
|
20 feet
|
20 feet
|
20 feet
|
A.
Location. The facility shall be located
on a major or collector street or a frontage road and shall not be
located closer than 120 feet of a Residential District boundary.
B.
Site standards.
C.
Parking. All exterior lighting shall comply with § 44-911 and shall not increase the intensity of light within 10 feet of a Residential District boundary line by more than 1/2 footcandles.
D.
Building height. The maximum permitted building height shall be 20
feet or one story, whichever is lower.
E.
The following minimum site and bulk standards
shall be required for the siting and development of any car washes.
|
Table 1009: Car Washes Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
10,000 square feet
|
70 feet
|
40 feet
|
15 feet
|
20 feet
|
A.
Site standards.
(1)
Water shall be available within 400
feet of all grave sites.
(2)
Trash receptacles shall be located
adjacent to internal roadways and not more than 200 feet apart. No
rubbish shall be allowed to accumulate upon the site except within
trash receptacles.
(3)
Storage of any maintenance machinery
or other equipment shall be within completely enclosed buildings.
B.
Roadways. All roadways shall be a minimum
of 14 feet in width and shall have a minimum surface improvement of
Class A-3 or equivalent with an eight inch crushed aggregate base.
C.
Building or structure height. The maximum
permitted height for any building or structure shall be 30 feet or
two stories, whichever is lower.
D.
The following minimum lot standards shall
be required for the siting and development of any cemetery.
|
Table 1010: Cemetery Lot Standards
| |
|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
|
2 acres
|
150 feet
|
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 with special use permit as an accessory use and shall comply with Chapter 8 and Chapter 22 of the Bloomington Code, 1960, as amended.
[Amended 10-24-2022 by Ord. No. 2022-99]
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 with special use permit 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.
[Amended 10-24-2022 by Ord. No. 2022-99]
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.
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.
|
Diagram 1011
 |
A.
The following minimum lot standards shall
be required for the siting and development of any club or lodge.
|
Table 1012: Clubs and Lodges Standards
| |
|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
|
10,000 square feet
|
70 feet
|
A.
Fencing. A forty-two inch high wire mesh
or chain link fence shall enclose children's outdoor play areas.
B.
The following minimum lot standards shall
be required for the siting and development of any community center
or sports and fitness establishment.
|
Table 1013: Community Centers, Sports
and Fitness Lot Standards
| |
|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
|
20,000 square feet
|
100 feet
|
A.
Location. In residential areas, a community
reception establishment shall be separated from other community reception
establishments by a minimum distance (from lot line to lot line) of
600 feet.
B.
Any structure devoted to a community reception
establishment use shall have been constructed prior to 1950.
C.
A community reception establishment shall
be occupied by the owner and/or operator of the establishment.
D.
A building floor plan shall be filed as
part of the application for a community reception establishment. The
floor plan shall designate areas to be used as a community reception
establishment and identify all means of egress, all required exit
signs, all rest room facilities, and all food preparation/storage
areas.
E.
Operational standards.
(1)
At least 24 hours prior to any event,
the owner/operator of the reception establishment shall transmit written
notice to the Director of Economic and Community Development stating
the date, hours of operation, and expected maximum occupancy.
[Amended 10-26-2020 by Ord. No. 2020-69]
(2)
The maximum permitted occupancy for
an event is 30 persons (exclusive of those persons staying at the
bed-and-breakfast portion of the premises), and there shall be no
more than three events per week. However, events with occupancy of
up to 100 persons (exclusive of those persons staying at the bed-and-breakfast
portion of the premises) may be permitted for not more than two events
per month subject to a limitation of 18 such events per calendar year.
(3)
Indoor social events shall not begin
prior to 9:00 a.m. nor end after 10:00 p.m., prevailing time.
(4)
Outdoor social events shall not begin
prior to 9:00 a.m. nor end after 9:00 p.m., prevailing time.
(5)
Outdoor amplified sounds are prohibited.
F.
Any articles offered for sale at community
reception establishments must be arranged in a home like manner; the
volume of such sales must be such that the sales are incidental to
the principal use of the premises as a community reception establishment.
G.
Parking.
(1)
Valet parking shall be required for
all community reception establishment events accommodating more than
30 people if onsite parking is not available.
(2)
A plan showing the parking lot configuration
shall be filed and kept current, regardless of whether the parking
is on site or off site.
(3)
Off-street parking spaces required pursuant to Article XII or this Code shall be located on the same lot as the community reception establishment, on an abutting lot, or on a lot not more than 500 feet from the site of the community reception establishment.
(4)
If the parking is provided off-site,
the parking lot must be owned by the owner of such community reception
establishment or controlled by a five-year lease on such lot. If the
off-site parking lot is leased, activities at the community reception
establishment must be scheduled at such times so that activities taking
place on the premises of the parking lot not interfere with the ability
of the community reception establishment to provide adequate parking
as required by this subsection.
H.
The following minimum lot standards shall
be required for the siting and development of any community reception
establishments.
|
Table 1014: Community Reception Establishment
- Lot Standards
| |
|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
|
16,500 square feet
|
100 feet
|
I.
Special use permit.
(1)
The special use permit for a community
reception establishment, if approved by the City Council, shall be
issued to the owner thereof, but shall not transfer to a subsequent
owner upon the sale of such premises unless and until a new special
use permit for such establishment is approved by the City Council.
(2)
All special use permits for community
reception establishments shall be reviewed on an annual calendar year
basis by the Zoning Board of Appeals in liaison with the Director
of Economic and Community Development and the City Fire Marshal to
insure compliance with the City Code.
[Amended 10-26-2020 by Ord. No. 2020-69; 10-24-2022 by Ord. No. 2022-99]
A.
Arcades and Amusement Centers shall meet
the following standards.
(1)
Location.
(a)
The lot line of an arcade or amusement
center shall not be located any closer than 500 feet to the lot line
of a lot occupied by place of worship, elementary or secondary school,
or any establishment principally engaged in the business of selling
or dispensing alcoholic beverages on the premises.
(b)
The lot line of an arcade or amusement
center shall not be located closer than 1,000 feet to the lot line
of any other lot that is occupied by an arcade or amusement center.
(c)
The arcade or amusement center shall
be located in a separate room, separated from other uses on the premises
and from pedestrian circulation to and from such other uses.
(2)
Operational standards.
(a)
It shall be unlawful for any person
to set up for operation or allow operation of more than 60 such mechanical,
electronic and/or video type game machines in anyone location or establishment
in the B-2, D-1, D-2 and D-3 Districts and more than 140 such machines
in anyone location or establishment in the B-1 District.
[Amended 8-24-2020 by Ord. No. 2020-55]
(b)
The establishment shall maintain
a minimum of six inches of space between each game machine.
(c)
The game room shall be arranged so
that there is a management attendant within the room or such that
management attendants outside the room can easily see and supervise
the interior of the room.
(d)
The hours of operation for an arcade
or amusement center shall be limited to 10:00 a.m. to 11:00 p.m.,
Sunday through Thursday and 10:00 a.m. to 12:00 p.m., Fridays and
Saturdays.
(3)
The establishment shall be posted
"No Smoking," shall not contain cigarette vending machines, shall
be supervised by an adult over 21 years of age.
(4)
The establishment shall maintain
a minimum level of illumination of at least 20 footcandles.
(5)
Noise. The arcade or amusement center
shall be separated from adjacent occupiable areas by a wall assembly
extending from the floor to the roof, with a sound transmission class
(STC) of at least 56, per American Society of Testing and Materials
(ASTM) designations E-90 or E-336, and E-413.
(6)
The following minimum site and bulk
standards shall be required for the siting and development of any
arcade or amusement center.
|
Table 1015A: Arcade and Amusement
Center Bulk Standards
| ||
|---|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
Max. Floor Area Ratio
|
|
10,000 square feet
|
80 feet
|
0.38
|
B.
Race tracks and Go-Kart Tracks shall meet
the following standards.
(1)
Location. Race tracks and go-kart
tracks shall be located adjacent to major streets or adjacent to collector
streets which are within 1/4 mile of major streets and shall not be
located within 500 feet of a Residential District boundary.
(2)
Site access. Vehicular entrances
and exits must be separated by a distance not less than 200 feet.
(3)
Buffering and screening. In addition to the requirements of Article XIII of this Code, wire mesh or chain link fence at least six feet in height shall be installed around the perimeter of the track.
(4)
The following minimum site and bulk
standards shall be required for the siting and development of any
race track or go kart track.
|
Table 1015B: Race Track and Go Kart
Track Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
10 acres
|
300 feet
|
100 feet
|
100 feet
|
100 feet
|
C.
Shooting Galleries and Rifle Ranges shall
be located within completely enclosed buildings and have the favorable
recommendation of the Chief of Police of the City.
A.
A solid wood, masonry, or wire mesh fence
at least six feet in height shall be provided at the end of all fairways
if they are in line with a dwelling or a public right-of-way.
B.
Building height. The maximum permitted
building height shall be 35 feet or two stories, whichever is lower.
C.
The following minimum lot standards shall
be required for the siting and development of any country club, golf
club or golf course.
|
Table 1016: Country Club, Golf Club,
Golf Course Lot Standards
| ||
|---|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
Min. Lot Depth
|
|
60 acres
|
300 feet
|
2,200 feet
|
A.
Location. Access shall be located on a
major or collector street or road.
B.
Paving. All roadways shall have a minimum
surface improvement of Class A-3 or equivalent with an eight inch
crushed aggregate base.
C.
No motor vehicle racetracks shall be erected
or operated.
D.
Building or structure height. The maximum
permitted height for any building or structure shall be 50 feet or
four stories, whichever is lower.
E.
The following minimum site and bulk standards
shall be required for the siting and development of any fairground
or agricultural exhibit.
|
Table 1017: Fairgrounds, Agricultural
Exhibits Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
25 acres
|
500 feet
|
150 feet
|
100 feet
|
100 feet
|
A.
Location. No structure containing a food
pantry shall be located within 300 feet of an R-1A, R-1B or R-1C district.
B.
The food pantry activity shall not occupy
more than 25% of the floor space of any story of the structure containing
the food pantry activity.
C.
Operational standards.
(1)
All deliveries of goods to the food
pantry and distribution of goods by the food pantry shall be conducted
through the rear door. If no such rear door is present or useable,
an appropriate side door may be approved.
(2)
Hours of distribution shall be between
9:00 a.m. and 6:00 p.m., Monday through Friday. Should an individual
client experience an emergency outside of those hours or on the weekend,
the food pantry may act to help that client.
D.
Screening. In addition to the requirements of Article XIII of this Code, the following screening standards shall apply.
E.
Parking. Off-street parking requirements
will be based upon the principal use of the structure containing the
food pantry.
A.
Location. Agency-Supervised Homes and Agency-Operated
Group Homes shall be separated from another facility of the same use
by a distance of at least 1,000 feet.
B.
Distribution. No more than three Agency-Operated
Family Homes shall be located on a block face (both sides of a street
between its intersection with two other consecutive streets).
C.
D.
The following minimum site and bulk standards
shall be required for the siting and development of any Group Living
Facility, boarding, or rooming house, or home for the aged.
|
Table 1019: Group Living Facilities,
Boarding and Rooming Houses, Homes for the Aged Site and Bulk Standards
| ||
|---|---|---|
|
Use
|
Min. Lot Area
|
Min. Lot Width
|
|
Home for the Aged
|
400 square feet per occupant plus
2,000 square feet for supervisor's dwelling where applicable
|
60 feet
|
|
Group Living Facility; Boarding and
Rooming Houses
|
400 square feet per occupant plus
2,400 square feet for supervisor's dwelling where applicable
|
60 feet
|
A.
Home occupations. A home occupation or
profession shall be permitted as an accessory use in the A and R Districts
subject to the following restrictions:
[Amended 8-24-2020 by Ord. No. 2020-55]
(1)
A home occupation shall be conducted
entirely within a dwelling unit or an accessory building and shall
occupy no more than 25% of the gross floor area of the building or
500 square feet, whichever is less;
(2)
The existence of the home occupation
shall not be apparent beyond the boundaries of the site;
(3)
No outdoor storage shall be permitted,
except in the Agricultural District where such outdoor storage is
customary and incidental to the use of the land;
(4)
No special outside entrance to the
dwelling shall be required or provided in connection with the home
occupation;
(5)
No sign shall be permitted for the
business associated with the home occupation;
(6)
Except for activities associated
with the principal permitted use of the site or a permitted accessory
roadside stand, a home occupation shall not create pedestrian, automobile,
or truck traffic significantly in excess of the normal amount of the
district;
(7)
Excluding the Agricultural District, not more than one truck, with a maximum capacity of one ton, incidental to a home occupation may be kept on the site. The number of parking spaces available to a dwelling unit housing a home occupation shall not be reduced to less than the number required pursuant to Article XII, Off Street Parking and Loading;
(8)
Except for activities associated
with the principal permitted use of the site or a permitted accessory
roadside stand, no commodities shall be sold, nor shall any services
be rendered, that require receipt and delivery of merchandise, goods,
or equipment by other than ordinary mail or parcel post;
(9)
No person other than a resident of
the dwelling unit shall be employed on-site or report to work at the
site in the conduct of the home occupation;
(10)
A barber shop, beauty shop, or other
personal service business shall occupy no more than 300 square feet
or 25% of gross floor area within a structure, whichever is less.
Such home occupation shall be limited to serving one customer at a
time by appointment only;
(11)
Automobile based businesses including
but not limited to towing, taxi, and repair services shall not be
permitted as a home occupation.
(12)
The provisions of this section shall
not apply to home-based daycare facilities licensed by the Illinois
Department of Children and Family Services.
A.
The following minimum site and bulk standards
shall be required for the siting and development of any hotel or motel.
|
Table 1021: Hotel and Motel Bulk
Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
20,000 square feet or 1,000 square
feet per guest room, whichever is greater
|
100 feet
|
40 feet
|
40 feet
|
40 feet
|
A.
Location. No junkyard shall be located
closer than 500 feet to a Residential District boundary line or to
the property line of a day care, school, place of worship, community
center, home for the aged or hospital.
B.
Site access. The site must have direct
access to a major street or highway; vehicles shall not go through
residential areas to access the site. There shall be only one point
of ingress and egress.
C.
Paving. The facility shall have a driveway
paved with an approved concrete or asphalt/concrete surface and at
least 25 feet wide. All interior roads, driveways, parking lots and
loading and unloading areas not required to be paved shall be constructed
of an all-weather surface and be kept in as dust-free condition as
possible, using application of dust-inhibitors if necessary to limit
the nuisance caused by wind-borne dust.
D.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following requirements shall apply:
(1)
A junkyard shall be enclosed by a
solid, opaque perimeter fence, the material of which shall be required
to be approved by the Director of Economic and Community Development,
at least eight feet in height. All gates in the fence shall be locked
whenever workers are not present. The fence shall be of uniform height,
uniform texture, and color, and shall be maintained to ensure maximum
safety to the public, obscure the junk from normal view of the public,
and preserve the general welfare of the neighborhood.
[Amended 10-26-2020 by Ord. No. 2020-69]
(2)
In addition to the fence, an opaque
vegetative screen shall be provided around the perimeter of the site
to provide year-round buffering to a height of at least six feet tall
within four years of planting. The owner or operator of the junkyard
shall maintain such landscaping in good condition and shall replace
dead or diseased vegetation as necessary to maintain a continuous
screen.
E.
All junk, debris, equipment, and other
materials associated with the junkyard shall be kept within a completely
enclosed building or within the confines of the perimeter fence.
F.
Scrap, junk, or other materials shall be
piled or stored so that they are not visible from outside the fenced
in area and do not exceed the height of the enclosing fence or wall
within 50 feet of the inside of such fence or wall.
G.
The site shall be maintained in such a
condition as to prevent the breeding or harboring of rats, insects,
or other vermin and to prevent the collection of stagnant water.
A.
Use of a manufactured home or mobile home
for living or sleeping purposes on the premises shall be prohibited
unless expressly requested by the petitioner and approved by the City
Council.
B.
No manufactured home or mobile home that
has been damaged by wind, fire, explosion, or other such calamity
shall be stored on the premises for more than 48 hours.
C.
Building height. The maximum permitted
building height shall be 35 feet or two stories, whichever is lower.
D.
The following minimum site and bulk standards
shall be required for the siting and development of any manufactured
and mobile home sales facility.
|
Table 1023: Manufactured and Mobile
Home Sales Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
1 acre
|
200 feet
|
20 feet
|
20 feet
|
20 feet
|
A.
Applicability. The provisions of this section
shall apply to medical or dental offices or clinics in the R-3B, C-1
and S-1 Districts.
B.
The total floor area of the clinic shall
not exceed 30% of the net lot area.
C.
In addition to the provisions of Article XIII of this Code, a minimum of 20% of the net lot area shall be landscaped.
D.
Building height. The maximum permitted
building height shall be 35 feet or two stories, whichever is lower.
E.
The following minimum lot standards shall
be required for the siting and development of any medical or dental
office or clinic.
|
Table 1024: Medical or Dental Office
or Clinic Lot Standards
| |
|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
|
20,000 square feet
|
100 feet
|
A.
Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan application shall also indicate the following:
(1)
Areas to be excavated;
(2)
Grading plan (existing and proposed
topography indicated at two-foot intervals);
(3)
Watercourses and drainage ways through
the site;
(4)
Erosion and sediment control devices;
(5)
Proposed location for sorting, grading,
crushing and similar operations;
(6)
Locations of vehicular access and
egress;
(7)
Proposed exterior lighting;
(8)
A reclamation plan indicating the
intended method of site restoration and reuse. Such a plan shall not
encourage spot development that would potentially conflict with surrounding
land uses.
B.
Location.
(1)
The closest lot line for any proposed
mining or quarrying use (e.g., excavating, sorting, crushing, loading,
hauling, storage or cutting of stone, clay or sand) shall not be located
within 2,000 feet of the lot line of a dwelling, a daycare or school.
(2)
The proposed site for the mining
or quarrying use shall be contiguous to a major or collector street
that has been improved (thickness and width) to accommodate the anticipated
traffic in accordance with the Bureau of Local Roads and Streets Manual,
published by the Illinois Department of Transportation.
C.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following minimum buffers and screening shall be required.
(1)
A natural buffer strip at least 100
feet wide must be maintained between the working edge of any excavation
or quarry and any property boundary. Natural buffer strip materials
may consist of earthen berm of not less than six feet in height, hedges,
rows of trees or other fast-growing foliage that will obscure the
sight of the mining operation.
(2)
A wire mesh or chain link fence shall
be installed and maintained around the perimeter of the mining or
quarrying site. Said fence shall have a height of at least eight feet.
All gates in the fence shall be locked whenever workers are not present.
D.
Paving. The facility shall have a driveway
paved with an approved concrete or asphalt/concrete surface and at
least 25 feet wide and extending 250 feet insides the main access
gate, so as to limit adjoining lots and public roads from the nuisance
caused by road debris and wind-borne dust. All roads, driveways, parking
lots and loading and unloading areas not required to be paved shall
be kept in as dust-free condition as possible, using application of
dust-inhibitors if necessary to limit the nuisance caused by wind-borne
dust.
E.
Operational standards.
(1)
The hours of operation for a mine
or quarry shall be limited to 6:00 a.m. to 7:30 p.m., Monday through
Saturday. Expanded hours and Sunday operations may be allowed on an
occasional basis (no more than 12 projects per year) provided such
operation is registered in advance with the City of Bloomington. During
expanded hours and Sunday operation, the City Manager may impose additional
restrictions reasonably related to health, safety, and welfare.
(2)
The proposed mining or quarrying
use shall comply with all applicable regulations of the Illinois Environmental
Protection Agency.
F.
Noise. Noise shall not exceed sound levels
set forth in 35 Ill. Code Part 900.101 et seq. as promulgated from
time to time by the Illinois Pollution Control Board pursuant to 415
ILCS 5/25.
G.
The site shall be provided with a sustainable
water supply for fire protection by fire department pumping apparatus.
H.
A surety bond or other reasonable requirement
of assurance that such a reclamation project will be completed shall
be required by the City Council in the event that the mine operator
is not required to post bond under the Surface Mined Land Conservation
and Reclamation Act.
I.
Potable water wells and water supplies
shall be protected per the Illinois Groundwater Protection Act.
A.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following minimum buffers and screening shall be required.
(1)
A six-foot high opaque fence shall
be required around the perimeter of the lot to be used as a mini warehouse
site.
(2)
A chain link or wire mesh fence interlaced
or interwoven with opaque strips may qualify as meeting the requirements
for a solid opaque fence, if approved by the Zoning Administrator.
(3)
A landscaping strip, 12 feet in width,
shall be provided along all street frontages and along borders where
a mini-warehouse site abuts any Residential District.
B.
Site circulation.
(1)
All one-way driveways shall provide
for one ten-foot wide parking lane and one fifteen-foot wide travel
lane. Traffic direction and parking shall be designated by signing
or painting.
(2)
All two-way driveways shall provide
for one ten-foot wide parking lane and two twelve-foot travel lanes.
(3)
The parking lanes may be eliminated
when the driveway does not serve storage cubicles.
C.
Maximum floor area. No storage cubicle
shall have a gross floor area greater than 5,000 square feet.
D.
Building height. The maximum permitted
building height shall be 35 feet or two stories, whichever is lower.
E.
The following minimum site and bulk standards
shall be required for the siting and development of any mini-warehouse
facility.
|
Table 1026: Mini Warehouses Site
and Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
2 acres
|
100 feet
|
20 feet
|
20 feet
|
20 feet
|
[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.
A.
Location.
(1)
A recycling facility, refuse disposal
service, sanitary landfill, solid waste disposal area, or waste transfer
station shall not be located closer than 500 feet to the lot line
of a dwelling or to a Residential District boundary line.
(2)
The site must be located so as to
have direct access to a major street or highway on which traffic will
not go through residential areas and shall have only one point of
ingress and egress.
B.
Paving. The facility shall have a driveway
paved with an approved concrete or asphalt/concrete surface and at
least 25 feet wide. All interior roads, driveways, parking lots and
loading and unloading areas not required to be paved shall be constructed
of an all-weather surface and be kept in as dust-free condition as
possible, using application of dust-inhibitors if necessary to limit
the nuisance caused by wind-borne dust.
A.
Location. A refractory lined pit burner
shall not be located closer than 400 feet to the lot line of a dwelling
or to a Residential District boundary line.
B.
Buffers and screening. In addition to the requirements of Article XIII of this Code, the following minimum buffers and screening shall be required.
C.
No combustible material and/or vegetation
shall be located closer than 20 feet to the exterior surface of the
refractory lined pit burner.
D.
The refractory lined pit burner shall be
considered accessory to a required principal structure on the same
lot.
E.
The hours of operation for a refractory
lined pit burner shall be limited to 7:00 a.m. to 7:00 p.m., Monday
through Friday.
F.
Special use permit. The applicant for a
special use permit shall submit written documentation to the Zoning
Board of Appeals verifying compliance with all Illinois Environmental
Protection Agency requirements and performance standards for refractory
lined pit burners.
[Amended 10-24-2022 by Ord. No. 2022-99]
G.
Building height. The maximum permitted
building height shall be 15 feet.
H.
The following minimum site and bulk standards
shall be required for the siting and development of any refractory
lined pit burner.
|
Table 1029: Refractory Lined Pit
Burners Site and Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
20,000 square feet
|
110 feet
|
50 feet
|
50 feet
|
50 feet
|
A.
Roadside markets are a permitted only when
accessory to a permitted agricultural use in A District or commercial
use in the B-1 District.
B.
Sales of agricultural produce grown on
the premises, or value-added products (e.g., jams, relishes, and baked
goods) derived from produce grown on the premises, are permitted in
a roadside market. The sale of durable goods unrelated to the agricultural
use (e.g., antiques, fireworks) and products that are not derived
from produce grown on the premises is not permitted.
C.
The maximum permitted area for a building,
structure or outdoor sales area devoted to retail sales is 600 square
feet.
D.
A roadside market shall be set back at
least 15 feet from a front property line.
A.
Construction and operation of solar energy
conversion facilities shall comply with all applicable local, state,
and federal requirements, including but not limited to safety, construction,
environmental, electrical, communications and aviation requirements.
B.
Effect of approval. Any authorization granted
to an individual property owner for a solar energy conversion facility
shall not be construed to bar owners or tenants of any adjacent property
from ordinary or permitted building, landscaping, or other accessory
improvements, even if such improvements may diminish the function
of said solar energy conversion facility.
C.
Concealment. All wiring associated with
a solar energy conversion facility shall be underground, hardwired
within the structure, or contained within a raceway that complements
the site or building materials of the principal structure.
D.
Decommissioning. Any abandoned or non-functioning
solar energy conversion facility shall be removed by the owner within
120 days of the day on which the system last functioned. The owner
is solely responsible for removal of the system and all costs, financial
or otherwise, of system removal.
E.
Private solar energy conversion.
|
Diagram 1031E
 |
(1)
Building or roof-mounted systems.
(a)
Location. Solar facilities may be
located on any principal or accessory structure. Systems should be
flush mounted when possible.
(b)
Height. The height of roof-mounted
systems is measured from the roof surface on which the system is mounted
to the highest edge of the system. Roof-mounted systems shall comply
with the following height standards.
[1]
Maximum height. Building or roof-mounted
solar energy systems shall not exceed the maximum allowed building
height in any zoning district.
[2]
Pitched roof. Systems shall not extend
beyond three feet parallel to the roof surface of a pitched roof.
[3]
Flat roof. Systems shall not extend
beyond four feet parallel to the roof surface of a flat roof.
(c)
For roof-mounted systems, the total
square footage of the system panels may not exceed the total area
of roof surface of the structure to which the system is attached.
The collector surface and mounting devices for roof-mounted solar
energy systems shall not extend beyond the perimeter of the building
on which the system is mounted or built; however, solar roofing tiles
and shingles may extend to the edge of the roof eaves.
(d)
Solar collectors mounted on the sides
of buildings and serving as awnings are considered building-integrated
systems and are regulated as awnings.
(2)
Freestanding systems.
(a)
Use. Freestanding private solar energy systems shall be accessory to the principal permitted use of the parcel, unless such facilities are located on a parcel dedicated by recorded easement for the conversion of energy to serve multiple users within a development or subdivision as a community solar energy system. Such congregate use shall be subject to site plan approval pursuant to § 44-1709 of this Code.
(b)
(c)
Height. The height of freestanding
solar energy systems is measured from the grade at the base of the
pole to the highest edge of the system at maximum tilt. Freestanding
solar energy systems shall comply with the following height standards.
(3)
Historic buildings. Zoning lots within
historic districts are subject to the additional requirements of the
district.
F.
Commercial solar energy conversion.
|
Diagram 1031F
 |
(1)
Site plan. Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan shall also indicate the following:
(a)
Site size in acres;
(b)
Existing physical features (e.g.,
drainage easements, streams, and wetlands);
(c)
Location of all proposed solar arrays,
other structures, service roads, and support equipment.
(d)
Existing and finished grading plan
of the site at two-foot contour intervals;
(e)
Drainage plan indicating direction
of run-off flow, location of catch basins and water retention and/or
detention areas.
(2)
Location. Accessory to principal
permitted use in B-1, B-2 district.
(3)
Landscaping and screening. In addition to the requirements of Article XIII, the following landscaping and screening features shall be provided.
(4)
Power and communication lines running
between banks of solar panels and to nearby electric substations or
interconnections with buildings shall be buried underground. Exemptions
may be granted where shallow bedrock, watercourses, or other elements
of the natural landscape interfere with the ability to bury lines,
or distance makes undergrounding infeasible, at the discretion of
the zoning administrator.
(5)
Glare. Commercial solar energy systems
shall not direct glare to neighboring properties or roadways. Solar
energy systems that use a reflector to enhance solar energy conversion
shall minimize glare from the reflector affecting adjacent or nearby
properties. Measures to minimize glare include selective placement
of the system, screening on the north side of the solar array, modifying
the orientation of the system, and reducing use of the reflector system.
(6)
Aviation protection. Within 500 feet
of an airport or within approach zones of an airport, the applicant
must complete and provide the results of the Solar Glare Hazard Analysis
Tool (SGHAT) consistent with the applicable guidance or requirements
of the Federal Aviation Administration (FAA) and Central Illinois
Regional Airport Master Plan.
(7)
Maximum height. Solar energy conversion
facilities shall not exceed 20 feet in height, as measured from grade
at the base of the system to the highest edge at maximum tilt.
(8)
The following minimum site and bulk
standards shall be required for the siting and development of any
commercial solar energy system.
|
Table 1031: Commercial Solar Energy
Conversion Site and Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
1 acre
|
200 feet
|
25 feet
|
15 feet
|
15 feet
|
A.
Location. A swimming pool shall be located
at least 60 feet from the lot line of any property zoned or occupied
for a single-family dwelling.
B.
The perimeter of the swimming pool area
shall be enclosed by a security fence at least six feet in height.
C.
Parking. Required parking pursuant to Article XII of this Code may be provided in a surface parking lot and/or parallel on-street parking, provided that the following conditions are met:
(1)
The street shall have a minimum street
pavement width of 30 feet;
(2)
On-street parking shall only be provided
directly in front of the proposed facility;
(3)
On-street parking stalls shall have
a minimum stall length of 22 feet;
(4)
On-street parking stalls shall not
be within 20 feet of a crosswalk at an intersection.
D.
The following minimum lot standards shall
be required for the siting and development of any swimming pool.
|
Table 1032: Community Swimming Pool
- Lot Standards
| |
|---|---|
|
Min. Lot Area
|
Min. Lot Width
|
|
Equivalent to zoning district standard
or 6,600 square feet, whichever is greater
|
Equivalent to zoning district standard
or 50 feet, whichever is greater.
|
A.
Accessory uses permitted may include a
playground, refreshment stands and public toilets, and souvenir stands
or booths.
B.
In addition to the standards of § 44-911, all exterior lighting fixtures shall be directed away from a Residential District and shall not increase the intensity of light within 10 feet of a Residential District boundary line by more than 1/2 footcandle.
C.
No theater screen shall be visible from
a Residential District or public right-of-way.
D.
Building or structure height. The maximum
permitted height for any building or structure shall be 50 feet.
E.
The following minimum site and bulk standards
shall be required for the siting and development of any drive-in theater.
|
Table 1033: Theaters, Drive in Site
and Bulk Standards
| ||||
|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| |||
|
Min. Lot Area
|
Min. Lot Width
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
20 acres
|
200 feet
|
200 feet
|
200 feet
|
200 feet
|
A.
Location. Not more than two automobile
service stations shall be permitted on the quadrants of an intersection
and shall not be located closer than 120 feet of a Residential District
boundary.
B.
Site standards.
(1)
No curb cuts shall be permitted within
10 feet of a side lot line or 20 feet of a street intersection.
(2)
Any area where inoperative vehicles are intended to be stored for a period of more than 10 days shall be fully screened in accordance with Article XIII of this Code to prevent such vehicles from being viewed from a public street or area.
(3)
All service equipment (lubrication
equipment, hydraulic lifts, etc.) and repair and maintenance work
shall be inside the principal building.
C.
The following activities are expressly
prohibited in conjunction with, or accessory to, an automobile service
station: aviation sales, automobile sales, boat sales, farm implement
sales, house-car trailer sales, mobile home sales, recreation vehicle
sales or auto body work, straightening of auto body parts, painting,
welding, storage of automobiles not in operating condition, or other
work involving noise, glare, fumes, smoke, or other characteristics
to an extent greater than otherwise typical of automobile service
stations.
D.
Outdoor lighting. In addition to the standards of § 44-911, all exterior lighting fixtures shall be directed away from a Residential District and shall not increase the intensity of light within 10 feet of a Residential District boundary line by more than 1/2 footcandle.
E.
Building height. The maximum permitted
building height shall be 20 feet or one story, whichever is lower.
F.
The following minimum site and bulk standards
shall be required for the siting and development of any automobile
service station.
|
Table 1034: Automobile Service Station
Site and Bulk Standards
| |||||
|---|---|---|---|---|---|
|
Lot Standards
|
Site Design Standards
| ||||
|
Min. Lot Area
|
Min. Lot Width
|
Min. Lot Depth
|
Front Yard
|
Side Yard
|
Rear Yard
|
|
10,000 square feet
|
70 feet
|
n/a
|
40 feet
|
15 feet
|
20 feet
|
A.
Location. A Veterinary Office or Clinic
shall not be located closer than 300 feet to a Residential District
boundary line.
B.
Fencing. A six-foot high wire mesh fence
shall be required to enclose outdoor animal areas.
C.
Lot width. The width of a lot containing
a veterinary office or clinic shall not be less than 200 feet.
A.
Construction and operation of wind energy
conversion facilities shall comply with all applicable local, state,
and federal requirements, including but not limited to safety, construction,
environmental, electrical, communications and aviation requirements.
B.
Effect of approval. Any authorization granted
to an individual property owner for a wind energy conversion facility
shall not be construed to bar owners or tenants of any adjacent property
from ordinary or permitted building, landscaping, or other accessory
improvements, even if such improvements may diminish the function
of said wind energy conversion facility.
C.
Standards for All Wind Energy Conversion
Facilities.
(1)
Illumination. Illumination shall be prohibited, except to accommodate co-installation of parking lot lighting luminaires in accordance with the provisions of § 44-911, Performance Standards, of this chapter or as required by the Federal Aviation Administration (FAA) or other state or Federal agency of competent jurisdiction.
(2)
Concealment. All wiring associated
with a wind energy conversion facility shall be underground or otherwise
concealed to blend or harmonize with the site.
(3)
Appearance. The facility shall maintain
a galvanized neutral finish or be painted to conform the system color
to the surrounding environment to minimize adverse visual effects.
(4)
Signage. No commercial signage or
attention-getting device is permitted on any wind energy conversion
facility. A sign, not exceeding four square feet in size with a plain
white background and black lettering, shall be provided on each wind
energy conversion facility which indicates the emergency contact information
of the property owner or operator.
(5)
Noise. Except during short-term events such as utility outage or a severe windstorm, a wind energy conversion facility shall not exceed 55 dBA as measured at the boundary line of a Residential District and shall in all other respect conform to the noise standards of § 44-911.
(6)
Safety. Every wind energy conversion
facility shall have an internal automatic braking device to prevent
uncontrolled rotation or over speeding.
(7)
Decommissioning. Any abandoned or
non-functioning wind energy conversion facility shall be removed by
the owner within 120 days of the day on which the system last functioned.
The owner is solely responsible for removal of the system and all
costs, financial or otherwise, of system removal.
D.
Private wind energy conversion. Private
wind energy conversion facilities shall be accessory to the principal
permitted use of the site, subject to the following conditions:
(1)
Roof-mounted systems.
(a)
Location. Roof-mounted systems shall
be affixed to the roof deck of a flat roof or to the ridge or slope
of a pitched roof and shall not be affixed to the parapet or chimney
of any structure.
(b)
Height. The height of a roof-mounted
system is measured from the roof surface on which the system is mounted
to the highest edge of the system. The total height of a roof-mounted
private wind energy system shall not exceed 10 feet above the roof
height or 10 feet above the maximum permitted height of the zoning
district, whichever is less.
(c)
Quantity. One turbine is allowed
for every 750 square feet of the combined roof area of all structures
on a zoning lot. For a pitched roof, each surface of the roof shall
be included in the roof area calculation.
(2)
Freestanding systems.
(a)
Location. A freestanding system shall
not be located within the required front yard or corner side yard
or in any utility easement and shall be set back a distance equal
to 1.1 times the system height from the base to all property lines,
third party transmission lines, overhead electric distribution systems,
public sidewalks and public rights-of-way.
(b)
Height. The height of a freestanding
wind energy conversion facility shall not exceed 100 feet in a Manufacturing
District, or 60 feet in an Agricultural, Business or Public Interest
District, as measured from grade at the base of the pole to the highest
edge of the system.
(c)
Clearance. The minimum clearance
between the lowest tip of the rotor or blade and the ground shall
be 15 feet.
(d)
Access. Climbing access (rungs or
foot pegs) shall be located no closer than 12 feet from the ground
at the base of the tower.
|
Diagram 1036D(2)
 |
E.
Commercial wind energy conversion.
(1)
Site plan. Site plan approval shall be required pursuant to § 44-1709 of this Code. In addition to the stated site plan requirements, the site plan shall also indicate the following:
(a)
Site size in acres;
(b)
Existing physical features (e.g.,
drainage easements, streams, and wetlands);
(c)
Location of all proposed towers,
other structures, service roads, and support equipment;
(d)
Existing and finished grading plan
of the site at two-foot contour intervals;
(e)
Location of all areas to be disturbed
by the construction of the proposed project including access routes,
trenches, grading, and staging areas;
(f)
Drainage plan indicating direction
of run-off flow, location of catch basins and water retention and/or
detention areas;
(g)
A post-installation erosion control,
revegetation, and landscaping plan;
(h)
Elevations of the components of the
proposed facility;
(i)
Visual simulations. Visual simulations
taken from off-site views, including from adjacent properties, as
determined by the Director of Economic and Community Development,
shall be submitted which illustrate the site location after installation
of the proposed towers.
[Amended 10-26-2020 by Ord. No. 2020-69]
(j)
Acoustical analysis. The Director
of Economic and Community Development may require a project-specific
acoustical analysis, which shall be prepared by a qualified professional
at the expense of the applicant. The study shall simulate the proposed
wind energy conversion installation to assure acceptable noise levels
and, if necessary, provide measures to comply with applicable noise
standards.
[Amended 10-26-2020 by Ord. No. 2020-69]
(k)
Wind measurement study. The Economic
and Community Development Director may require a wind resource assessment
study, which shall be prepared by a qualified professional at the
expense of the applicant. The study shall be performed for a minimum
six-month period at the proposed site during prime wind season. The
study may require the installation of a meteorological tower, erected
primarily to measure wind speed and directions plus other data relevant
to appropriate siting.
[Amended 10-26-2020 by Ord. No. 2020-69]
(2)
Location. A commercial wind energy
conversion facility shall be set back a distance equal to two times
the system height from the base of the tower to all property lines,
third party transmission lines, overhead electric distribution systems,
public sidewalks and public rights-of-way.
(3)
Minimum lot size. The minimum required
lot size for any commercial wind energy conversion facility shall
be five acres.
(4)
Height. The height of the facility
shall not exceed 200 feet as measured from the base of the tower to
the highest edge of the system.
(5)
Clearance. The minimum clearance
between the lowest tip of the rotor or blade and the ground shall
be 30 feet.
(6)
Access. If a climbing apparatus is
present on a tower, access control shall be provided by one of the
following means:
A.
Applicability. Every wireless communication
facility located within the City of Bloomington is subject to the
standards of this section, except that the following facilities are
exempt:
(1)
Amateur Radio Station Operator/Receive-Only Antenna, if owned and operated by a federally licensed amateur radio station operator or used exclusively for a receive-only antenna, except that on Protected Residential Property such antennas shall be subject to the provisions of § 44-1037C.
(2)
Satellite earth stations, dishes and/or antennas used for private television reception not exceeding one meter in diameter, except that on Protected Residential Property such antennas shall be subject to the provisions of § 44-1037C.
(3)
Emergency services. Wireless communication
facilities used exclusively for emergency services including police
and fire, when not located on a new tower; and
(4)
Distributed Antenna Systems (DAS)
and small cells that are concealed within a building or are installed
on an existing structure or utility facility, comply with the height
limit of the zoning district, and do not require installation of a
new tower, utility support structure or building. Where such facilities
are to be placed in the public right-of-way, approval by the Director
of Public Works is required.
(5)
A temporary, commercial wireless
communication facility installed for providing coverage of a special
event such as news coverage or sporting event, subject to applicable
permitting requirements by the City, for a period of up to one week
before and one week following the special event.
B.
Application. An application for a Wireless
Communication Facility shall be submitted on a form prepared by the
City of Bloomington and shall include the following:
(1)
Name and address of applicant and
property owner as well as primary and secondary contact information
for the applicant.
(2)
Summary and scope of work to be completed on the site, including the nature of any changes to the site or any existing facility. The applicant additionally shall state whether he or she believes that the request is eligible for the sixty-day review period of Section 6409(a) of the Spectrum Act, as provided in § 44-1037D of this Code.
(3)
Description of proposed equipment,
including the equipment type, specification, installation status,
mount type and a manufacturer's certification by a licensed structural
engineer regarding the structural integrity of the antenna facility
and evidence of compliance with Federal Communication Commission's
radio frequency emission standards.
(4)
A site plan indicating the property
boundaries, setbacks, elevations, and dimensions of the proposed facility.
(5)
Lighting plans for any new exterior
lighting to be installed on the site.
(6)
For new towers and substantial changes,
the following additional information shall be submitted:
(a)
A site plan indicating the location
of the proposed wireless communication facility, supporting equipment
and accessory utility buildings, and all existing structures on the
property and within 200 feet of the facility.
(b)
A written description or map of the
proposed service area for desired coverage or capacity and documentation
that the proposed facility would provide such coverage or capacity.
(c)
An inventory of the existing wireless
communication facilities, including existing transmission equipment
land such equipment located on silos, water tanks, buildings, etc.
(d)
Photo-simulation or other graphic
illustration of the proposed wireless communication facility, including
the location of existing and new facilities, proposed concealment
elements and paint color specifications.
(7)
Maintenance plan. A description of
anticipated maintenance needs, including frequency of service personnel
needs, equipment needs, and traffic, noise, and safety impacts of
such maintenance.
(8)
Evidence of compliance with Federal
Aviation Administration standards and/or "Airport Hazard Zoning Regulations
for Bloomington-Normal Airport."
C.
Permitted facilities on protected residential
property. Wireless communication facilities shall be permitted only
as an accessory structure on Protected Residential Property and shall
conform to the following requirements:
(1)
Satellite dish antennas exceeding
one meter in diameter shall comply with the following standards:
(a)
Such antenna shall be permitted as
an accessory structure only on a roof or in a rear yard.
(b)
The antenna shall be located no closer
than three feet from a side or rear lot line and outside of any easements
of record.
(c)
The permitted height of the satellite
dish antenna shall not exceed 15 feet from the ground level at the
base of the antenna to the highest point of the antenna for ground-mounted
satellite dish antennas; and 15 feet from the roof line to the highest
point of the antenna for roof-mounted satellite dish antennas.
(2)
Satellite dish antennas one meter
or less in diameter, television broadcast antennas, multi-channel
multi-point distribution antennas, and radio broadcast antennas (including
amateur radio antennas) and other similar antennas shall comply with
the following standards.
(a)
Such antenna(s) shall be permitted
as an accessory structure only on a roof, in a rear yard, or a side
yards behind the front yard building setback line and shall be located
outside any easement of record.
(b)
The permitted height of the antenna
shall not exceed 70 feet from ground level at the base of the antenna
to the highest point of the antenna for ground mounted antenna facilities,
and 35 feet in height from the roof line to the highest point of the
antenna for roof mounted antenna facilities.
(c)
Exterior surfaces must be painted
a non-contrasting color consistent with the surrounding area such
as blue, grey, brown, or silver, or have a galvanized finish to reduce
visual impact. Metal surfaces shall be constructed of, or coated with,
corrosion-resistant material.
(3)
Wireless communication facilities
that comply with all other applicable regulations are allowed as accessory
structures mounted on the roof of high-rise multiple-family dwellings,
water towers, church steeples or bell towers, or other similar existing
structures located on Protected Residential Property.
(4)
No new wireless towers will be permitted
on Protected Residential Property.
(5)
Wireless communication facilities that are proposed as a principal use on Protected Residential Property or that require construction of a new utility support structure or building shall require approval of a special use pursuant to the procedures and standards of § 44-1037D and Article XVII of this Code.
(6)
Evidence of compliance with Federal
Aviation Administration standards and/or "Airport Hazard Zoning Regulations
for Bloomington-Normal Airport, a.k.a. "Central Illinois Regional
Airport," shall be filed with the Director of Economic and Community
Development.
[Amended 10-26-2020 by Ord. No. 2020-69]
D.
Review Procedures for Non-Substantial Changes
("Eligible Facilities Request").
(1)
The following procedures are established
pursuant to Part 45 U.S.C. § 332(c)(7) of the Federal Communications
Act of 1934, as amended, as interpreted by the Federal Communications
Commission (FCC) in its Report and Order No. 14153 (commonly referred
to as Section 6409(a) of the Spectrum Act).
(2)
An application for co-location of
new transmission equipment, removal of equipment or replacement of
equipment that does not substantially change the physical dimensions
of a wireless communication facility shall be approved.
(a)
A substantial change to a tower,
excluding any tower in the public right-of-way, is a change that would
result in any of the following.
[1]
Height. The change would increase
the height of a tower, as it lawfully existed on March 1, 2012, by
more than 10% or by the height of one additional antenna array with
separation from the nearest antenna not to exceed 20 feet, whichever
is greater.
[2]
Width. The change would involve the
addition of an appurtenance to the body of the tower that would protrude
more than 20 feet from the tower or would exceed the width of the
tower structure at the level of the appurtenance, whichever is greater.
[3]
Equipment cabinets. The change would
involve installation of more than the standard number of new equipment
cabinets for the technology involved, not to exceed four cabinets.
[4]
Excavation or deployment. The change
would involve excavation or deployment of equipment outside the current
boundaries of the leased or owned property surrounding the tower and
any access or utility easements currently related to the site.
[5]
Concealment. The change would defeat
the concealment elements of the wireless communication facility.
[6]
Conditions of prior approval. Any
change, other than those described as non-substantial changes herein,
that would not comply with conditions of prior approval for the facility.
(b)
A substantial change to any other
tower or base station is one that would result in any of the following:
[1]
Height. The change would increase
the height of the tower or base station, as it lawfully existed on
March 1, 2012, by more than 10% or by more than 10 feet whichever
is greater.
[2]
Width. The change would involve the
addition of an appurtenance to the body of the structure that would
protrude from the edge of the structure by more than six feet.
[3]
Equipment cabinets. The change would
involve installation of any new equipment cabinets on the ground if
there are no preexisting ground cabinets associated with the facility
or involve installation of ground cabinets that are more than 10%
larger in height or overall volume than any other ground cabinets
associated with the structure.
[4]
Excavation or development. The change
would involve excavation or deployment of equipment outside the current
boundaries of the leased or owned property surrounding the tower and
any access or utility easements currently related to the site, or
outside the area in proximity to the structure or other transmission
equipment already deployed on the ground.
[5]
Concealment. The change would defeat
the concealment elements of the wireless communication facility.
[6]
Conditions of prior approval. Any
change, other than those described as non-substantial changes herein,
that would not comply with conditions of prior approval for the facility.
(3)
The City shall approve or deny an
application for an Eligible Facilities Request within 60 days of submission,
as provided below.
(a)
The City shall notify the applicant of an incomplete application within 30 days of submission. Such notification shall include a specific list of materials missing from the application and shall provide the basis in Code or other applicable law for requiring submission of such material. Transmission of this notification shall toll (pause) the sixty-day review period until supplemental materials are received by the City. No information shall be requested that exceeds the submittal requirements outlined in this § 44-1037.
(b)
Upon receipt of supplemental materials,
the City shall review such materials and, if the application remains
incomplete, provide written notification to the applicant within 10
days. Transmission of this notification shall toll the sixty-day review
period until supplemental materials are received by the City. No new
information shall be requested beyond what was previously described
in the submittal requirements and initial incomplete letter.
(c)
Failure to approve or deny the application
within 60 days shall result in a deemed approval of the application.
(d)
The review period may be extended
by mutual written agreement between the City and the applicant.
(4)
The City shall notify the applicant,
in writing, of any decision to approve or deny an Eligible Facilities
Request. Any decision to deny shall describe the reasons for such
denial, which shall be consistent with the Bloomington City Code and
supported by substantial evidence.
E.
New wireless towers and substantial changes
to existing towers and base stations.
(1)
Location.
(a)
New wireless towers may be permitted
as a special use only in the A Agriculture District; B-1 General Commercial
District; B-2 Local Commercial District; P-2 Public Lands and Institutions
District; and the Manufacturing Districts.
(b)
A substantial change to an existing
tower or base station shall require approval of, or modification to,
a special se in any Agricultural, Residential, Business or Special
Public Interest District. In Manufacturing Districts, a substantial
change shall require approval by the Director of Economic and Community
Development.
[Amended 10-26-2020 by Ord. No. 2020-69]
(c)
Non-exempt Distributed Antenna Systems (DAS) and small cells that are not subject to § 44-1037D shall require approval of a special use in any Residential District, the D-1 Central Business District, D-2 Downtown Transitional District or D-3 Warehouse District. In all other districts, DAS and small cells shall require approval by the Director of Economic and Community Development.
[Amended 10-26-2020 by Ord. No. 2020-69]
(2)
Applicants for new wireless towers
shall demonstrate that all possible avenues for co-location of antennas
on existing towers or base stations have been investigated.
(3)
Bulk standards.
(a)
Lot size. The minimum lot size for
any wireless tower shall be equal to the minimum required lot size
for the zoning district in which the facility is to be located.
(b)
Setback. The minimum setback shall
be maintained for the zoning district where the proposed antenna facility
site is located; additionally, a setback of 200% of the antenna facility
height shall be maintained from buildings used for dwellings, day-care
centers, elementary or secondary schools or playgrounds in order to
minimize the adverse effects of falling ice or damage due to antenna
facility collapse.
(c)
Equipment cabinets and supporting equipment. All equipment cabinets and structures accessory to a wireless communication facility shall meet the minimum setback requirements of the zoning district in which the wireless communication facility is located. Such structures shall be screened from view in accordance with § 44-908 of this Code.
(d)
To encourage co-location of commercial
antennas, all new wireless towers exceeding 70 feet in height shall
not be located within one quarter mile (1,320 feet) of any other wireless
tower that exceeds 70 feet in height.
(4)
Capacity. A new tower shall be designed
to accommodate the applicant's planned transmission equipment and
capacity for at least one additional comparable user.
(5)
Concealment. The applicant shall
demonstrate that reasonable efforts have been made to reduce the visual
impact of new towers. The City may impose conditions of approval on
a special use for any new wireless communication facility or substantial
change to a wireless communication facility requiring one more forms
of concealment which include but are not limited to: screening, blending
into architectural elements, placement of facilities in locations
where topography, vegetation or other physical features reduce their
view, and designing wireless towers to appear as other structures
such as light poles or flag poles.
(6)
Review period. The City shall approve
or deny a complete application for a co-location or substantial modification
within 90 days of submission and shall approve or deny a complete
application for a new wireless tower within 150 days of submission.
(7)
Review findings. A decision to approve or deny an application shall be made in writing based upon substantial evidence. Conditions of approval may be imposed as provided in this subsection and Article XVII.
(a)
The City shall not impose new conditions
relating to, or deny an application on the basis of, radio frequency
emissions. All facilities shall comply with the FCC standards for
radio frequency emissions, which are deemed adequate to protect public
health and welfare.
(b)
Findings of fact related to property
values of nearby land shall be documented by expert testimony and
the written analysis of a qualified professional, such as an appraiser
or mortgage broker, based on a study for that specific location.
(c)
The Planning Commission shall find
that a proposed new wireless tower cannot be accommodated on an existing
tower or building within the coverage or capacity area of the proposed
tower due to one or more of the following reasons:
[1]
The planned antenna or transmission
equipment would exceed the structural capacity of all existing or
approved towers or buildings, as documented by a qualified and licensed
professional engineer, and all of the existing or approved towers
cannot be reinforced, modified, or replaced to accommodate the planned
or equivalent antennas or transmission equipment at a reasonable cost.
[2]
The planned antenna would cause interference
materially impacting the usability of other existing or planned antenna
at a tower or building as documented by a qualified and licensed engineer
and such interference cannot be prevented at a reasonable cost.
[3]
Existing or approved towers and buildings
within such the coverage or capacity area cannot accommodate the planned
antenna or transmission equipment at a height necessary to function
according to the documented coverage or capacity needs as determined
by a qualified and licensed professional engineer; and
[4]
Other unforeseen reasons that make
it unfeasible to locate the planned antenna or transmission equipment
upon an existing or approved tower or building.
F.
Other codes. The installation and construction of wireless communication facilities shall comply with Bloomington City Code Chapter 10, as adopted.
G.
Signage. Wireless communication facilities
shall not contain any form of signage other than warning or equipment
information signs.
H.
Abandonment. Wireless communication facilities that remain unused
for more than one year shall be removed at their owner's cost. In
the event that such abandoned wireless communication facilities are
not removed within one year of the cessation of operations at the
site, the tower, base station, or transmission equipment may be removed
by the City and the costs of such removal assessed against the owner
of such facility or the property owner.
[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;
(b)
Number of employees;
(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:
(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.
(7)
Proposed
signage plan.
(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.
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.
[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.
