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Title 9 Zoning

Zoning Definitions

1

Zoning Districts and Map

2

Ag Agricultural Districts

3

Residential Districts

4

    R-1 through R-4 One-Family Residence Districts

4a

    RT Two-Family Residence Districts

4b

    RM-1 through RM-4 Multiple Family Residence Districts

4c

    Row Houses 

4d 

Office Service Districts

5

    OS-1 Office Service Districts

5a

    OS-2 Office Service Districts 

5b 

Business Districts

6

    B-1 Local Business Districts 

6a 

    B-2 Central Business Districts 

6b 

    B-3 General Business Districts 

6c 

Industrial Districts

7

    I-1 Light Industrial Districts 

7a 

    I-2 General Industrial Districts 

7b 

P-1 Vehicular Parking Districts 

    Planned Unit Development (PUD) - Business Park 

8a 

Height, Bulk, Density and Area Regulations

General Zoning Provisions 

10 

General Zoning Exceptions 

11 

Administration and Enforcement

12 

Telecommunications Tower and Equipment 

13 

Printable Version

CHAPTER 1

ZONING DEFINITIONS

SECTION:

9-1-1: Rules of Word Construction
9-1-2: Definitions

9-1-1: RULES OF WORD CONSTRUCTION:  The following rules of construction apply to the text of this Title:

A. The particular shall control the general.

B. In the case of any difference of meaning or implication between the text of this Title and any caption or illustration, the text shall control.

C. The word "shall" is always mandatory and not discretionary; the word "may" is permissive.

D. Words used in the present tense shall include future, and words used in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary.

E. The "building" or "structure" includes any part thereof.

F. The phrase "used for" includes "arranged for", "designed for", "maintained for" or "occupied for".

G. The word "person" includes an individual, a corporation, a partnership, an incorporated association or any other similar entity.

H. Unless the context clearly indicates the contrary, where a regulation involves two (2) or more items, conditions, provisions, or events connected by the conjunction "and", "or" or "either...or", the conjunction shall be interpreted as follows:

1.  "And" indicates that all the connected items, conditions, provisions or events shall apply.

2.  "Or" indicates that the connected items, conditions, provisions or events may apply singly or any combination.

3.  "Either...or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

I. Terms not herein defined shall have the meanings customarily assigned to them. 

9-1-2: DEFINITIONS:  When used in this Title, the following words and terms shall have the meanings ascribed to them in this Section:

ACCESSORY USE or ACCESSORY:  A use which is clearly incidental to, customarily found in connection with and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related.

When "accessory" is used in this text, it shall have the same meaning as accessory use.

An accessory use includes, but is not limited to, the following:

A. Residential accommodations for servants and/or caretakers.

B. Swimming pools for the use of the occupants of a residence or their guests.

C. Domestic or agricultural storage in a barn, shed, tool room or similar accessory building or other structure.

D. A newsstand primarily for the convenience of the occupants of a building which is located wholly within such building and has no exterior signs or displays.

E. Storage of merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded in the applicable district regulations.

F. Storage of goods used in or produced by industrial uses or related activities, unless such storage is excluded in the applicable district regulations.

G. Accessory off-street parking spaces, open or enclosed, subject to the accessory off-street parking regulations for the district in which the zoning lot is located.

H. Uses clearly incidental to a main use such as, but not limited to offices of an industrial or commercial complex located on the site of the commercial or industrial complex.

I. Accessory off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.

J. Accessory signs, subject to the sign regulations for the district in which the zoning lot is located.

AIRPORT:  Facility designed to provide take-off, landing, storage and maintenance opportunities for passenger or cargo carrying aircraft of any type, excepting military.

ACCESSORY STRUCTURE OR USE:  A subordinate building, structure or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and complimentary to the conduct of the primary use of such building or main use.

ADJACENT OR ABUTTING:  Means adjoining, bordering, touching or contiguous.  If two (2) lots are separated by a street, public alley or public walk, they shall not be deemed to be adjoining.

ALCOHOL/DRUG REHABILITATION HOME:  A structure occupied by individuals undergoing rehabilitation for alcohol and/or drug use.

ALLEY:  Any dedicated public way affording a secondary means of access to abutting property and not intended for general traffic circulation.

ALTERATIONS:  Any change, addition or modification in construction or type or occupancy or in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed".

ANIMAL CLINIC/BOARDING:  Means an establishment operated by one (1) or more veterinarians specializing in the treatment of sick, injured or infirmed animals, provided that the informed animals are not kept or treated in outdoor cages, pens or kennels.

APARTMENTS:  A suite of rooms or a room in a multiple-family building arranged and intended for a place of residence of a single family or group of individuals living together as a single housekeeping unit.

AUTO CONVENIENCE MARKET:  A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience market or supermarket.

AUTOMATED TELLER MACHINE:  An automated device that performs banking or financial functions at a location remote from the controlling financial institution.

AUTOMOBILE REPAIR:  The general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; overall painting and undercoating of automobiles.

BASEMENT:  That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.  A basement shall not be counted as a story.

BED AND BREAKFAST ACT:  Ill. Rev. Stat. Ch. 71, §101 et seq. (1991) (and subsequent amendments thereto).

BED AND BREAKFAST ESTABLISHMENTS:  Shall mean an operator-occupied residence providing accommodations for a charge to the public with at least four (4) but no more than five (5) guest rooms for rent, in operation for more than ten (10) nights in a 12-month period.  Breakfast may be provided to the guests only.  Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments.

BLOCK:  The property abutting one side of a street and lying between the two (2) nearest intersecting streets (crossing or terminating) or between the nearest such street and railroad right of way, unsubdivided acreage, lake, river or live stream or between any of the foregoing and any other barrier to the continuity of development or corporate boundary lines of the City.

BREW PUB:  Means a full service restaurant with alcoholic beverages, which includes the brewing of beer as an accessory use.  The brewing operation processes water, malt, hops, and yeast into beer or ale by mashing, cooking, and fermenting.  The area used for brewing, including bottling and kegging, shall not exceed 25 percent (25%) of the total floor area of the commercial space.  The brewery shall not produce more than 1,500 barrels of beer or ale per year.  A barrel is equivalent to thirty-one (31) gallons.

BREWERY MICRO:  A facility for the production and packaging of malt beverages of low alcoholic content for distribution, retail or wholesale, on or off premises, with a capacity of not more than 15,000 barrels per year.  The development may include other uses such as a standard restaurant.

BUFFER STRIP:  Means an area, property, lot or tract of land or portion thereof, either vacant, fenced, bermed or landscaped with screen planting as herein specified, which shall serve as a separating space between dissimilar land uses or districts.

BUILDING:  Any structure, either temporary or permanent, having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals, chattels or property of any kind.

BUILDING, ATTACHED:  Means a building having one (1) or more walls in common with another building or within one (1) foot of another building.

BUILDING, DETACHED:  means a building having no walls in common with another building and more than one (1) foot away from another building.

BUILDING INSPECTOR:  means the person designated by the City Council to perform inspections of the construction of buildings, structures and improvements within the City of Pekin to determine conformance with various City ordinances and codes.

BUILDING HEIGHT:  The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and to the average height between eaves and ridge for gable, hip and gambrel roofs.

BUILDING LINE:  A line formed by the face of the building, and for the purposes of this Title, a minimum building line is the same as a front setback line.

CAMPERS:  Means a specially equipped motorized portable vehicle or non-motorized trailer-pulled facility designed and intended to be used for traveling or camping purposes.  Any item defined as a camper in this title can in no way be utilized or substituted as a residential dwelling or mobile home of any type.

CHILDREN’S ADVOCACY CENTER: A child care and counseling facility which provides care and counseling to abused children.  Such center shall be open no earlier than 7:00 a.m. and no later than 7:00 p.m., and shall not provide twenty-four hour care or permit overnight stays.

CITY:  City of Pekin, Illinois.
CLUB:  An organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.

CLUSTER HOUSING:  An optional method of single family residential land development permitting certain flexibility and innovation in unit density and open space arrangements in situations where standard subdivision methods would be unduly restrictive or not necessarily preferable.

COMMUNITY RESIDENCE: means a dwelling under state license or certification or contract to provide supervision, food, lodging and other services to a service dependent population, living and cooking together as a single cooperative household unit, consisting of a basic group of members of a service dependent population and additional staff persons providing supervision of service to a basic group, as specified in the aforesaid licensing, certification or contract regulations.  An Alcohol/Drug Rehabilitation Home is not a Community Residence.

a) Small Community Residence – A community living facility with a basic group limited to not more than eight (8) service dependent individuals plus a maximum of two (2) resident (live-in) staff at any given time, subject to a higher number of staff if required to meet state or federal regulations.  Said facility is intended for permanent placements and shall not be for crisis or short term, transient placements.

b) Large Community Residence – A community living facility with a basic group limited to not more than fifteen (15) service dependent individuals plus a maximum of four (4) resident (live-in) staff at any given time, subject to a higher number if required to meet state or federal regulations.  Said facility is intended for permanent placement and shall not be for crisis or short term placements.

CONGREGATE LIVING CENTER or GUEST HOUSE:  A structure providing room and board to the public for compensation, but not providing nursing or medical care.

CONVALESCENT or NURSING HOME:  A structure with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.

DAY CARE CENTER:  A daytime group facility for more than eight (8) children which gives care to children away from their homes.

DAY CARE HOME:  A one-family dwelling which receives not more than eight (8) children for care during the day.  The maximum of eight (8) children includes the family's natural or adopted children under age sixteen (16) who are in the home full time for care.

DENSITY CONTROL FACTOR (DCF):  The factor relating to family population utilized in this Title to control the number of dwellings allowed per acre of land in planned residential developments.

DEVELOPMENT:  The construction of a new building or other structure on a zoning lot, the relocation of an existing building on another lot or the use of open land for new use.

DISTRICT:  A portion of the incorporated area of the City within which certain regulations and requirements or various combinations thereof apply under the provisions of this Title.

DRIVE-IN:  An establishment where food, frozen desserts, or beverages are sold to the customers in a ready-to-consume state and where the customer consumes food, frozen desserts or beverages in an automobile parked upon the premises or at other facilities provided for customers which are located outside the building.

DRIVE-THROUGH:  An establishment so developed that some portion of its retail or service character is dependent upon providing a driveway approach and staging area specifically designed for motor vehicles so as to serve patrons while in their motor vehicles, rather than within a building or structure, for carryout and consumption or use after the vehicle is removed from the premises.

DRIVEWAY:  An improved area as a means of ingress and egress, not exceeding twenty four feet (24’) in width at the street right-of-way line, provided that such driveway, along with any parking area on the property, shall not occupy over forty-five percent (45%) of the total required front yard on the lot.  (Ord. No. 2527  08-27-07)

DUPLEX:  A building designed exclusively for occupancy by two (2) families living independently of each other and being located on the same lot. (Ord. No. 2526-OA-07/08 08-13-07)

DWELLING, MULTIPLE-FAMILY:  A building or a portion thereof designed exclusively for occupancy by three (3) or more families living independently of each other.

DWELLING, ONE-FAMILY:  A building designed exclusively for and occupied exclusively by one family.

DWELLING, TWO-FAMILY:  A building designed exclusively for occupancy by two (2) families living independently of each other.

DWELLING UNIT:  A building or portion thereof designed for occupancy by one family for residential purposes and having cooking facilities.

EDUCATIONAL INSTITUTION (SCHOOL):  Public or privately owned structure(s) or facility(s) solely intended for the purpose of instructing students in general educational studies or vocational skills.

ERECTED:  Built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for construction, excavation, fill, drainage and the like shall be considered a part of erection.

ESSENTIAL SERVICES:  The erection, construction, alteration or maintenance by public utilities or Municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals and hydrants in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or Municipal departments for the general health, safety or welfare.

EXCAVATION:  Any breaking of ground, except common household gardening and ground care.

EXCEPTION:  A use permitted only after review of an application by the Board of Appeals (See Section 9-12-1-2 of this Title) or legislative body or a modification in the standards of this Title specifically permitted after review by the Board of Appeals (See Section 9-12-1-2 of this Title), Planning Commission or legislative body, such review being necessary because the provisions of this Title covering conditions precedent or subsequent are not precise enough to all applications without interpretation and such review and exception as provided for by this Title.  An exception is not a variance.

FAMILY:  An individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons, living together as a single housekeeping unit in a dwelling unit.
FARM:  The carrying on of any agricultural activity or the raising of livestock or small animals as a source of income.

FENCE:  A man-made structure constructed for the purchase of or to have the effect of enclosing the area it is constructed upon.
 
FENCE, ORNAMENTAL:  A man-made structure, the hard surface area of which is at least 100% open.  As used herein, “100% open” means that each open space area of the fence is equal to the immediately preceding piece of hard surface area of the fence.  No piece of hard surface of an ornamental fence may exceed four inches (4’) in width.  Ornamental fences do not include chain link fences or fences of wire construction.

FLOOR AREA RATIO:  The ratio of the floor area of a building to its lot area.  For example:  when a floor area ratio of four-tenths (0.4) is specified, the floor area of a building constructed on a lot of ten thousand (10,000) square feet in area is limited to a maximum of four thousand (4,000) square feet.  The number of stories being optional, the building area may be four thousand (4,000) square feet for one story, two thousand (2,000) square feet for each of two (2) stories, and so forth.  The purpose of this ratio is to control the bulk of buildings.

FLOOR AREA, RESIDENTIAL:  For the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the exterior faces of the exterior walls or from the center line of walls separating two (2) dwellings.  The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.

FLOOR AREA, USABLE (For the Purpose of Computing Parking):  That area used for or intended to be used for the sale of merchandise or services or for use to serve patrons, clients or customers.  Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways or for utilities or sanitary facilities shall be excluded from this computation of "usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

GARAGE, PRIVATE:  An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles owned and used by the occupants of the building to which it is accessory.

GARAGE SALE: Any sale conducted in a residential zone, or from a residence in an OS-1 zone, where tangible personal property is offered for sale in or out of any building or structure.  This term shall include garage sales, yard sales, rummage sales, estate sales or other similar sales.

GARAGE, SERVICE:  Any premises used for the storage or care of motor-driven vehicles or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.

GASOLINE SERVICE STATIONS:  A place for the dispensing, sale or offering for sale of motor fuels directly to users of motor vehicles, together with the sale of minor accessories and services for motor vehicles, but not including major automobile repair.

GRADE:  The ground elevation established for the purpose of regulating the number of stories and the height of buildings.  The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level.  If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.

GROUP CARE HOME FOR CHILDREN:  A child care facility which provides care for no more than eight (8) children in a residential dwelling under twenty four (24) hour supervision or care placed by and under the supervision of a licensed child welfare agency with the residential dwelling being owned or rented and staffed and maintained or otherwise operated by the agency and licensed by the State of Illinois for the developmentally disabled under the Child Care Act of 1969, as amended from time to time.  (225 ILCS 10/1 et seq.)

GUEST ROOM:  A sleeping room of a bed and breakfast establishment intended to serve no more than two (2) transient guests per night.

HEIGHT OF A BUILDING:  Means vertical distance measured from the level of the public sidewalk or the top of the curb if there is no sidewalk or the centerline of the road if there is no sidewalk and no curb, opposite the middle of the front of the building to the highest point of the main structural roof.

HOME GARDEN:  Means a private garden in which vegetables are raised for consumption by the gardener and his family and none of the produce thereof is sold or placed on the market.

HOME OCCUPATION:  Is an occupation or profession customarily carried on by an occupant of a dwelling unit as a secondary home occupation use which is clearly subservient to use of the dwelling for residential purposes.

HORSE STABLE:  A structure to accommodate horses for personal use or the breeding, raising, training or boarding of horses for remuneration.  A horse stable may include the renting of horses for remuneration where appropriate trails are provided on a tract consisting of at least ten (10) acres in addition to the acreage requirement of Section 9-3-2, Paragraph 4 of this Title.

HOTEL:  A building or part of a building, with a common entrance or entrances, in which the dwelling units or rooming units are used primarily for transient occupancy and in which one or more of the following services are offered:  maid service, furnishing of linen, telephone, secretarial or desk service and bellboy service.  A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms or meeting rooms.

IRREGULARLY SHAPED LOTS:  Any platted lot whose exterior shape does not form a square or rectangular plane figure.

JUNK YARD:  An area where waste, used or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled or handled including, but not limited to, scrap iron and other metals, paper, rags, rubber tires and bottles.  A "junk yard" includes automobile wrecking yards and includes any open area of more than two hundred (200) square feet for storage, keeping or abandonment of junk.

KENNEL, COMMERCIAL:  Any lot or premises on which three (3) or more dogs, cats or other household pets are either permanently or temporarily boarded for remuneration.

LIVESTOCK: Brood cows, feeder cattle or dairy cows. (Ord. No. 2542-OA 12-10-07)

LOADING SPACE:  An off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.

LODGE:  Means a bona fide fraternal association, service organization, club or society whose facilities are available for use only by its dues-paying members and their guests.

LOT:  A parcel of land occupied or intended to be occupied by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this Title.  A lot may or may not be specially designated as such on public records.

LOT AREA:  The total horizontal area within the lot lines of the lot.

LOT, CORNER:  A lot where the interior angle of two (2) adjacent sides at the intersection of two (2) streets is less than one hundred thirty five degrees (135 ).  A lot abutting upon a curved street or streets shall be considered a corner lot for the purposes of this Title if the arc is of less radius than one hundred fifty feet (150') and the tangents to the curve, at the two (2) points where the lot lines meet the curve or the straight street line extended form an interior angle of less than one hundred thirty five degrees (135 ).

LOT COVERAGE:  The part or percent of the lot occupied by buildings and/or structures including accessory buildings and structures excluding driveways; walks and paved patios.

LOT DEPTH:  The horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.

LOT, INTERIOR:  Any lot other than a corner lot.

LOT LINES:  The lines bounding a lot as defined herein:

Front Lot Line:  In case of an interior lot, is that line separating said lot from the street.  In the case of a through lot, is that line separating said lot from either street.

Rear Lot Line:  That lot line opposite the front lot line.  In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet (10') long lying farthest from the front lot line and wholly within the lot.
 
Side Lot Line:   Any lot line other than the front line or rear lot line.  A side lot line separating a lot from a street is a side street lot line.  A side lot line separating a lot from another lot or lots is an interior side lot line.

LOT OF RECORD:  A parcel of land, the dimensions of which are shown on a document or map on file with the County or in common use by Municipal or County officials, which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

LOT, EXTERIOR VILLA:  A lot which is or is intended to be a site for a villa dwelling with a similar villa attached on only one (1) side. (Ord. No. 2526-OA-07/08 08-13-07)

LOT, INTERIOR VILLA:  A lot which is or is intended to be a site for a villa dwelling with a similar villa attached on each side. (Ord. No. 2526-OA-07/08 08-13-07)

LOT, VILLA:  A parcel of land occupied or intended to be occupied by a principal residential building and accessory buildings, together with such open spaces as are required by this Code, and which piece or parcel has frontage of twenty-four feet (24’) or more on an improved public or private street, ands ins a previously recorded lot of record. (Ord. No. 2526-OA-07/08 08-13-07)

LOT, THROUGH:  Any interior lot having frontage on two (2) more or less parallel streets as distinguished from a corner lot.  In the case of a row of double frontage lots, all yards of said lots adjacent to streets shall be considered frontage, and front yard setbacks shall be provided as required.

LOT WIDTH:  The horizontal straight line distance between the side lot lines, measured between the two (2) points where the front setback line intersects the side lot lines.

LOT, ZONING:  A single tract of land, located within a single block, which, at the time of filing for a building permit, is designated by its owner or developer as a tract to be used, developed or built upon as a unit, under single ownership or control.  A zoning lot shall satisfy this Title with respect to area, size, dimensions and frontage as required in the district in which the zoning lot is located.   A zoning lot, therefore, may not coincide with a lot of record as filed with the County Recorder of Deeds, but may include one or more lots of records.

MAIN BUILDING:  A building in which is conducted the principal use of the lot upon which it is situated.

MAJOR THOROUGHFARE:  An arterial street which is intended to serve as a large volume traffic-way for both the immediate Municipal area and the region beyond and is designated as a major thoroughfare, parkway, freeway, expressway or equivalent term on the Major Thoroughfare Plan to identify those streets comprising the basic structure of the Major Thoroughfare Plan.

MANUFACTURED HOME:  A factory constructed, transportable structure designed for permanent residential use when placed upon a foundation and connected to utilities.  The minimum length of a manufactured home shall not be less than forty feet (40’) with a total floor area of not less than 780 square feet.  Manufactured homes must meet or exceed federal and state manufactured home construction codes, and be constructed after June, 1976.

MASTER PLAN:  The Comprehensive Community Plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the City and includes any unit or part of such Plan and any amendment to such Plan or parts thereof.  Such Plan may or may not be adopted by the Planning Commission and/or the legislative body.

MEDICAL CLINIC:  A facility used for the medical treatment of individuals on an
outpatient basis.

MEZZANINE:  An intermediate floor in any story occupying not to exceed one-third (1/3) of the floor area of such story.

MINI-WAREHOUSE:  Means a building or number of buildings used for the storage of goods for compensation which has numerous compartments each not to exceed six hundred (600) square feet in area which are available for rent by different parties.

MIXED USE:  A land use where more than one classification of land use (residential, commercial, and recreational) permitted within a zoning district is combined on a lot or within a structure.

MOBILE HOME:  A structure, transportable in one or more sections, which in the traveling mode, is 8 feet erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and manufactured prior to June 15,1976.

MOBILE HOME PARK:  Any plot of ground upon which two (2) or more mobile homes, occupied for dwelling or sleeping purposes, are located.

MODEL HOME:  A new, single-family residence, not occupied as such, built by a person engaged inn the business of building new homes and used or intended for use for display purposes to be shown to prospective customers.

MOTEL:  A series of attached, semi-detached or detached rental units containing a bedroom, bathroom and closet space.  Units shall provide overnight lodging and are offered to the public for compensation and shall cater primarily to the public traveling by motor vehicle.

MOTOR VEHICLE:  Means a self-propelled, free moving vehicle designed for the conveyance of goods or persons on a public street and as defined by the Illinois Motor Vehicle Code.

MULTI MESSAGE SIGN: an outdoor advertising sign that displays a series of message changes, regardless of the technology used. A multi message sign provides for a fixed message of at least ten seconds in length with a transition time between message changes of three seconds or less.(Ord. No. 2618-OA-10/11 5/24/2010)

NONCONFORMING BUILDING: A building, or portion thereof, lawfully existing at the effective date hereof, or amendments hereto, that does not conform to the provisions of this Title in the district in which it is located.

NONCONFORMING USE: A use which lawfully occupied a building or land at the effective date hereof, or amendments hereto, that does not conform to the use regulations of the district in which it is located.

NURSERY, PLANT MATERIALS: A space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.  The definition of nursery within the meaning of this Title does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.

NURSERY SCHOOL:   A daytime facility which has as its main objective a development program for pre-school children and whose staff meets the educational requirements established by the State of Illinois.

OFF-ROAD VEHICLES:  Means a self propelled, free moving device which is not designed, intended or licensed for travel upon public streets or rights-of-way.  This definition includes ATV’s, mopeds, skidoos, boats, trailers, etc.

OFF-STREET PARKING LOT:  A facility providing vehicular parking spaces along with adequate drives and aisles for maneuvering so as to provide access for entrance and exit for the parking of more than three (3) vehicles.

OFFICE:  Means a room or suite of rooms used for the practice of a profession or service or for the conduct of a business, which does not involve the sale of goods from the premises.  The term does not include a personal service shop.  If goods or merchandise are sold for delivery on or from the premises other than as incidental to the principal office use, then the premises shall be considered to be a store rather than an office.

OPEN FRONT STORES:   A business establishment so developed that a service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter the structure.

OPEN SPACE RATIO:  (abbreviated OSR) means the quotient of the open space on the lot divided by the total gross floor area on the lot.

OPERATOR:   The owner of the bed and breakfast establishment, or the owner's agent, who is required by this Ordinance to reside in the bed and breakfast establishment.

PARKING SPACE:   An area of definite length and width; said area shall be exclusive of drives, aisles or entrances giving access thereto and shall be fully accessible for the parking of permitted vehicles.

PLANNED RESIDENTIAL DEVELOPMENT (PRD):   A plan for a specific parcel of land, or several contiguous parcels of land, located entirely within a residential district, of sufficient size to permit development of a planned residential unit and supporting recreational and open space amenities.  A planned residential development may include both attached and detached dwelling unit (single-family, multiple-family, town-houses, etc.), as well as all typical accessory uses associated with residential uses, planned and designed in such a manner as to preserve and protect the character of abutting land as well as protecting uses within the PRD by preserving as much natural vegetation and terrain as possible.

PLANNED UNIT DEVELOPMENT:  An area for which a comprehensive unitary plan is to be submitted for a single tract of land allowing for flexibility in density, open space, setbacks and uses

PRINCIPAL USE:  The main use to which the premises are devoted, and the principal purpose for which the premises exist.

PROPERTY VALUE:  The fair market sale value of a property as would be determined through a certified appraisal. 

PUBLIC UTILITY:  A person, firm or corporation, Municipal department, board or commission duly authorized to furnish and furnishing, under Federal, State or Municipal regulations, to the public:  gas, steam, electricity, sewage disposal, communication, telegraph, transportation or water.

RECREATIONAL FACILITY:  A privately or publicly owned and maintained site, structure, or complex offering active participatory recreational opportunities to the general public or to private club members.  This term does not include land or facilities classified as parkland or open space areas related to a residential development

RESIDENTIAL SHELTER:  A building other than a hotel or restaurant where meals and sleeping quarters are provided (usually not for compensation), to three or more persons, but not more than fifteen who are in need of housing and protective services.  Services and shelter are provided on a weekly, or longer, basis but the facility is not open on a daily, overnight or per meal basis to transient guests.  This definition shall not include community residences.

RESTAURANT WITH INCIDENTIAL LIQUOR SALES:  An establishment not containing a bar anywhere within the building, and serving alcohol only in conjunction with the sale of meals that have been prepared in the kitchen of the same establishment.

RETAIL STORE:  Means a store, the primary purpose of which is to present and offer goods for delivery on or from the premises to the ultimate consumer.

ROOM:  For the purpose of determining lot area requirements and density in a multiple-family district, a room is a living room, dining room or bedroom equal to at least eighty (80) square feet in area.  A room shall not include the area in a kitchen, sanitary facilities, utility provisions, corridors, hallways and storage.  Plans presented showing one, two (2) or three (3) bedroom units and including a "den", "library" or other extra room count such extra room as a bedroom for the purpose of computing density.

ROWHOUSE BUILDING: A building which contains a row of two (2), three (3) or four (4) single family attached dwelling units, each being connected to the adjoining unit(s) in each story by walls that are fire-rated and are without openings and each unit having independent access to the exterior of the building in the ground story and each unit being located on a separate lot.  Each common wall shall serve as a Common/Zero Lot Line.

ROWHOUSE DWELLING:  A dwelling unit which is part of a rowhouse building.

SANITARY LANDFILL:  Means a method of disposing of refuse on land without creating nuisances or hazards to public health or safety, by utilizing the principles of engineering to confine the refuse to the smallest practical area, to reduce it to the smallest practical volume, and to cover it with a layer of earth at the conclusion of each day’s operation, or at such more frequent intervals as may be necessary and to provide a final cover following final placement of refuse.

SERVICE STATION:  Means a building or premises used primarily for dispensing, sale or offering for sale at retail of automobile fuels, oil and accessories.

SETBACK:  The distance in linear feet measured on a horizontal plane from the lot line to the foundation or base of a building or structure on the lot and roughly perpendicular to the lot line.

SETBACK LINE:  a line established by the Zoning Ordinance, generally parallel with a measured from the lot line (property line) defining the limits of a yard in which no building or structure may be located above the ground, except as may be provided within this Title.

SIGN: The use of any words, numerals, figures, devices, designs or trademarks by which anything is made known such as are used to show an individual, firm, profession or business and are visible to the general public.

SIGN, NON-ACCESSORY:  A sign which is not accessory to the principal use of the premises.

STORY:  The part of a building, except a mezzanine as defined herein, included between the surface of one floor and surface of the next floor or, if there is no floor above, then the ceiling next above.  A basement shall not be counted as a story.

STORY, HALF:  An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a clear height of seven feet six inches (7'6").  For the purposes of this Title, the usable follow area is only that area having at least four feet (4') clear height between floor and ceiling.

STREET:  A public dedicated right of way, other than an alley, which affords the principal means of access to abutting property.

STRING LIGHTS: Temporary décor or accent lighting that is U.L. listed and is protected by a G.F.C.I. circuit or plug.  (Ord. No. 2590-OA-09/10 07/27/09)

STRUCTURE:  Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.

TEMPORARY USE or BUILDING:  A use or building permitted by the Board of Appeals (See Section 9-12-1-2 of this Title) to exist during a specified period of time.

USE: The principal purpose for which land or a building is arranged, designed or intended or for which land or a building is or may be occupied.

VARIANCE:  A modification of the literal provisions of this Title granted when strict enforcement hereof would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.  The crucial points of variance are:  (a) undue hardship, (b) unique circumstances, and (c) applying to property.  A variance is not justified unless all three (3) elements are present in the case.  A variance is not an exception.

VILLA:  A building which contains a row of two (2), three(3) or four (4) single family attached dwelling units, each being connected to the adjoining units in each story by walls that are fire-rated and are without openings and each unit having independent access to the exterior of the building in the ground story and each unit being located on a separate lot.  Each common wall shall serve as a common/zero lot line.
(Ord. No. 2526-OA-07/08 08-13-07)

VILLA: A dwelling unit which is part of a villa building. (Ord. No. 2526-OA-07/08
08-13-07)

WALL, OBSCURING:  A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this Title.

YARDS:  The open spaces on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this Title and as defined herein:

Front Yard:  An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot and the nearest point of the main building.

Rear Yard:  An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.  In the case of the corner lot, the rear yard may be opposite either street frontage.

Side Yard:  An open space between a main building and the side lot line extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the main building.  (See following pages for corresponding diagrams.)

CHAPTER 2

ZONING DISTRICTS AND MAP

SECTION:

9-2-1: Districts Established
9-2-2: Zoning Map
9-2-3: District Boundaries
9-2-4: Zoning of Annexed Areas
9-2-5: Zoning of Vacated Areas
9-2-6: District Requirements
9-2-7: Special Use Petition

9-2-1: DISTRICTS ESTABLISHED:  For the purpose of this Title, the City is hereby divided into the following districts:

Residential Districts:

 AG Agricultural District
 R-1 One-Family Residential District
 R-2 One-Family Residential District
 R-3 One-Family Residential District
 R-4 One-Family Residential District
 RT Two-Family Residential District
 RM-1 Multiple-Family Residential District
 RM-2 Multiple-Family Residential District
 RM-3 Multiple-Family Residential District
 RV-1 Villa Residential District
 RV-2 Villa Residential District
 RV-3 Villa Residential District (Ord. No. 2526-OA-07/08 08-13-07)
 
Nonresidential Districts:

 OS-1 Office Service District
 B-1 Local Business District
 B-2 Central Business District
 B-3 General Business District
 I-1 Light Industrial District
 I-2 General Industrial District
 P-1 Vehicular Parking District
 
9-2-2:  ZONING MAP:  The boundaries of these districts are hereby established as shown on the Zoning Map, City of Pekin Zoning Ordinance, which said Map accompanies the Zoning Ordinance, and which Map, with all notations, references and other information shown thereon, shall be as much a part of this Title as if fully described herein.

9-2-3:  DISTRICT BOUNDARIES:  Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, the following rules shall apply:

A. Boundaries indicated as approximately following the center lines of streets, highways or alleys shall be construed to follow such center lines.

B. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

C. Boundaries indicated as approximately following City limits shall be construed as following City limits.

D. Boundaries indicated as following railroad lines shall be construed to be the midway between the main tracks.

E. Boundaries indicated as following shorelines shall be construed to follow such shorelines and, in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the center line of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such center lines.

F. Boundaries indicated as parallel to or extensions of features indicated in subsections A through E above shall be so construed.  Distances not specifically indicated on the official Zoning Map shall be determined by the scale of the Map.

G. Where physical or natural features existing on the ground are at variance with those shown on the official Zoning Map, or in other circumstances not covered by subsections A through F above, the Board of Appeals shall interpret the district boundaries.

H. Insofar as some or all of the various districts may be indicated on the Zoning Map by patterns which, for the sake of map clarity, do not cover public rights of way or railroads, it is intended that such district boundaries do extend to the center of any public right of way or railroad.

9-2-4: ZONING OF ANNEXED AREAS:   Whenever any area is annexed to the City, the following conditions will apply:  land that is zoned previous to annexation shall be classified as being in whichever district of this Title most closely conforms with the zoning that existed prior to annexation, such classification to be recommended by the Planning Commission to the City Council which shall approve same by resolution.

9-2-5: ZONING OF VACATED AREAS:   Whenever any street, alley or other public way within the City shall be vacated, such street, alley or other public way or portion thereof shall automatically be classified in the same zone district as the property to which it attach's.  In those instances where a street, alley or other public way serves as a zoning district boundary and is vacated, the center line of such vacated street, alley or public way shall be considered the zoning district boundary.

9-2-6: DISTRICT REQUIREMENTS:  All buildings and uses in any district shall be subject to the provisions of Chapter 10 of this Title, "General Zoning Provisions" and Chapter 11 of this Title, "General Zoning Exceptions".

9-2-7: Any Special Use Petition, to be submitted to the Pekin Planning Commission for their review, shall be filed with the Zoning & Inspection Department accompanied by a $85.00 fee, payable to the City of Pekin.  A fee of $50.00 shall be charged for annual renewal of all special use permits
 
CHAPTER 3

AG AGRICULTURAL DISTRICTS

SECTION:

9-3-1: Intent
9-3-2: Principal Uses Permitted
9-3-3: Special Uses
9-3-4: Area and Bulk Requirements

9-3-1:  INTENT:  The AG Agricultural Districts are designed to accommodate agricultural uses.

9-3-2:  PRINCIPAL USES PERMITTED:  In an agricultural district, no building or land shall be used and no building shall be erected, except for one or more of the following specified uses, unless otherwise provided in this Title:

Cemeteries.

Farms on those parcels of land having an area of not less than five (5) acres, all subject to the health and sanitation provisions of the City, and provided further, that no farms shall be operated as piggeries or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals except such animals as have been raised on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.

Home-grown produce sales.

Horse stables, with said horse stables being limited to a density of two (2) horses per one open, uncovered acre on a tract of land consisting of at least ten (10) acres.

Municipal buildings and uses necessary to service adjacent areas, publicly owned and operated libraries, parks, parkways and recreational facilities.

One-family detached dwellings.

Plant nursery or greenhouse.

Public, parochial and other private elementary schools offering courses in general education.

Seed and grain sales.
Utility and public service buildings and uses when operating requirements necessitate the locating of such uses within the District in order to serve the immediate vicinity.

Accessory buildings and uses, customarily incident to any of the above permitted uses.

9-3-3: SPECIAL USES: The following uses may be permitted, subject to the conditions hereinafter imposed for each use and subject, further, to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the planning Commission for each use:

A. Animal Clinics, where all buildings are set back at least two hundred feet (200’) from abutting residential districts on the same side of the street.

B. Archery Clubs.

C. Private Country Clubs.

9-3-4:  AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements. 
 
CHAPTER 4

RESIDENTIAL DISTRICTS

ARTICLE A. R-1 THROUGH R-3 ONE-FAMILY RESIDENTIAL DISTRICTS

SECTION:

9-4A-1: Intent
9-4A-2: Principal Uses Permitted
9-4A-3: Special Uses
9-4A-4: Area and Bulk Requirements

9-4A-1:  INTENT:  The R-1 through R-4 One-Family Residential Districts are designed to be the most restrictive of the residential districts.  The intent is to provide for an environment of predominantly low density, one-family detached dwellings along with other residentially related facilities which serve the residents in the district.

9-4A-2: PRINCIPAL USES PERMITTED:  In a one-family residential district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this Title:

A. Generally:

Accessory buildings and uses, customarily incident to any of the following permitted uses.

Cemeteries.

Farms on those parcels of land having an area of not less than five (5) acres, all subject to the health and sanitation provisions of the City, and provided further, that no farms shall be operated as piggeries or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.

Municipal buildings and uses necessary to service adjacent residential areas, publicly owned and operated libraries, parks, parkways and recreational facilities.

One-family detached dwellings.

Private Swimming Pools: Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

1. There shall be a minimum distance of not less than ten feet (10') between the adjoining property line or alley right of way and the outside of the pool wall.  Side yard setbacks shall apply to side yards if greater than ten feet (10').

2. There shall be a distance of not less than four feet (4') between the outside pool wall and any building located on the same lot.

3. No swimming pool shall be located less than thirty -five feet (35') from any front lot line.

4. No swimming pool shall be located in an easement.

5. For protection of the general public, swimming pools shall be enclosed by a fence not less than four feet (4') in height.  Gates to the pool area shall be of a self-closing and latched type, with the latch on the inside of the gate, not readily available for children to open.  Gates shall be capable of being securely locked when the pool is not in use for extended periods.  In those instances where swimming pools are constructed four feet (4') or more above ground, and are accessible only by steps or ladder, such need not be fenced, provided the steps or ladder for access can be raised to make such pools inaccessible, and provided further, that those above ground pools having a fence as an integral part of the pool unit shall require no additional yard fencing.

6. Fencing that encloses the entire premises of a residential property on which a swimming pool is located may serve as sufficient fencing for the pool upon inspection and approval of the Building Inspector.

7. No swimming pool using electrical equipment may be constructed prior to obtaining an electrical permit.  The application for such electrical permit shall be submitted with the application for a building permit.

Public, parochial and other private elementary schools offering courses in general education.

B. Home Occupations:

1.   No home occupation shall be permitted that:

a.  Changes the outside appearance of the dwellings or is visible from the street;

b.   Generates traffic, parking, sewerage or water use in excess of what is normal in the residential neighborhood;

c.   Creates noise, vibration, glare, fumes, odors or results in electrical interference or becomes a nuisance;

d.   Results in outside storage or display of anything including signs;

e.   Requires the employment of anyone in the home other than the dwelling occupant;

f.   Requires exterior building alterations to accommodate the occupation;

g.   Occupies more than twenty five percent (25%) of the ground floor area of the dwelling or fifty percent (50%) of the ground floor area of any detached garage or occupies more than fifty percent (50%) of a basement, and in no instance shall space in the aggregate exceed five hundred (500) square feet of floor space;

h.   Requires parking for customers that cannot be accommodated on the site and/or not exceeding one parking space at curb side on the street;

i.   Requires the delivery of goods or the visit of customers before seven o'clock (7:00) A.M. and after nine o'clock (9:00) P.M.

j.   that involves retail sales of any type directly from the premises.

2.   The following are permitted home occupations, provided they do not violate any of the provisions of the previous subsection B1:

 Computer programming.

 Dressmaking, sewing or tailoring.

 Home cooking and preserving.

 Home crafts, such as model making, rug weaving, lapidary work and cabinet making.

 Laundering and/or ironing.

 Painting, sculpting or writing.

Repair of clocks, instruments or other small appliances which does not create a nuisance due to noise, vibration, glare, fumes, odors or results in electrical interference.  Salesperson's office or home office of a professional person.

 Telephone answering.

 Tutoring, limited to four (4) students at a time.

 3. The following are prohibited as home occupations:

 Automobile repair or paint shops.

 Barber shops and beauty parlors.
 
 Dance studios.

 Private clubs.

 Repair shops which may create a nuisance due to noise, vibration, glare, fumes, odors or electrical interference.

 Restaurants.

 Stables or kennels.

 Tourist homes.

4. Any proposed home occupation that is neither specifically permitted by subsection B2 of this Section nor specifically prohibited by subsection B3 of this Section shall be considered a special use and be granted or denied upon consideration of those standards contained in subsection B1 hereof and under the procedures specified in Section 9-4A-3, "Special Uses", of this Article.

5. Home occupation permits shall be limited to the applicant who legally resides in the residence.

6. Home occupation shall be based on an annual permit for such home occupation, upon such conditions as established from time to time by the Zoning Administrator.  The home occupation permit fee shall be $45.00.
 
C. Community Residences:  Community residences shall be permitted, subject to the following conditions:

1.  The residence or operator is eligible or has obtained licensing or certification from the State of Illinois to operate the community residence.

2.  The proposed community residence is not located within eight hundred fifty feet (850') of another existing community residence.

3. A minimum of seventy (70) square feet of bedroom floor area for each resident.

4. The residence shall have no more than eight residences and two staff members.

5. The residence does not house persons for the purpose of drug or alcohol shelter or rehabilitation.

9-4A-3: SPECIAL USES:  The following uses may be permitted, subject to the conditions hereinafter imposed for each use and subject, further, to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the Planning Commission for each use:

A. Churches and other facilities normally incidental thereto subject to the following conditions:

1.  Buildings of greater than the maximum height allowed in Section 9-9-1 of this Title, "Schedule of Regulations", may be allowed, provided front, side and rear yards are increased above the minimum required yards by one foot (1') of building height that exceeds the maximum height allowed.

2.  All access to the site shall be in accordance with subsection 9-10-12B of this Title.

B. Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit.  Access to the site shall be in accordance with subsection 9-10-12B of this Title.

C. Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.

D. Care Facilities:

1.  Home Day Care.
 
a.   Purpose:  To encourage the convenient location of Child Care Service uses throughout the City where compatible with surrounding land uses and development.

b.   Home day care shall be subject to the following conditions:

1.  A State of Illinois day care license is required prior to applying for a special use permit under this section.

2.  Any Special Use Permit authorized under this paragraph shall be issued by the Inspections Department, and must be renewed annually by the applicant.  At any time the applicant ceases to use said Special Use Permit for the premises authorized;  said Special use Permit shall lapse and become void.  The Inspections Department may provide further rules and regulations and/or fees to be charged to an applicant to obtain a permit.

3.  Any subsequent ordinance changes must be complied with to receive renewal of the permit.


4.  Outdoor play is permitted only between 8:00 A.M. and dusk.

5.  Play equipment is not permitted in front yards.

6.  Play equipment in a side yard is permitted if the adjoining neighbor(s) do not object.  Upon renewal of special use where side yard play equipment was previously permitted, the objection of the neighbors shall not automatically bar the use of play equipment in a side yard.

7. Secure fencing is required around outdoor play areas.

8. Loading and unloading areas for children shall provide safety and not cause traffic congestion.

9. The City Council may impose additional conditions to provide for the peaceful enjoyment and safety of the surrounding neighborhood.

10.  The requirement of Section 9-4A-2-B-1-a,b,c,d,e,f shall also apply.

2.   Nursery schools and day care centers (not including dormitories), providing the following conditions are met:

a.   For each child so cared for, there shall be provided and maintained a minimum of one hundred fifty (150) square feet of outdoor play area.  Such play space shall have a total minimum area of not less than five thousand (5,000) square feet and shall be fenced and screened from any adjoining lot in any residential district.

b. The Planning Commission shall hold a public hearing on the proposed facility.  In addition to notification by newspaper publication, notification shall be given by the applicant by certified mail, return receipt requested, of the intended use and of the date and time of the hearing by the Planning Commission to the following:

(1)   The homes on each side of the lot or parcel in question.

(2)   The three (3) nearest homes across the street from the lot or parcel in question.

(3)   The three (3) nearest homes to the rear of the lot or parcel in question.  Certified mail receipts shall be made available and filed with the Planning Commission with a map showing the location of the parties notified with relationship to the parcel in question.

c.  Any special use permit authorized under this subsection D2 shall be issued by the Inspections Department and must be renewed annually by the applicant.  At any time the applicant ceases to use said use permit for the premises authorized, said special use permit shall lapse and become void.  The Inspections Department may provide further rules and regulations and/or fees to be charged to an applicant to obtain a permit.

3.  Nursery Schools in Residences:  Nursery schools may be conducted in a residence subject to the following conditions:

a.  Not more than eight (8) children may be in the home for the nursery school.  The maximum of eight (8) includes the family's natural or adopted children under age sixteen (16) who are in the home under full-time care.

b. Such facility shall have received a State of Illinois license to operate prior to seeking a special use permit under this Title or the special use permit shall be approved subject to the receipt of a State of Illinois license.

c.  Not less than two thousand five hundred (2,500) square feet of outdoor play area shall be provided on the site.

d.  Screening and fencing of the outdoor play area shall be provided as required by the Planning Commission.

e.  Parking shall be provided to allow for direct dropping off and picking up of children without requiring children to cross public streets.

f.  Such nursery school shall also comply with any other conditions and regulations for operation of the nursery school that may be mandated by the Planning Commission.

g.  The Planning Commission shall hold a public hearing on the proposed facility.  In addition to notification by newspaper publication, notification shall be given by the applicant by certified mail, return receipt requested, of the intended use and of the date and time of the hearing by the Planning Commission to the following:

1. The homes on each side of the lot or parcel in question.

2. The three (3) nearest homes across the street from the lot or parcel in question.

3.  The three (3) nearest homes to the rear of the lot or parcel in question.  Certified mail receipts shall be made available and filed with the Planning Commission with a map showing the location of the parties notified with relationship to the parcel in question.

h.  Any special use permit authorized under this subsection D3 shall be issued by the Inspection Department and must be renewed annually by the applicant.  At any time the applicant ceased to use said use permit for the premises authorized, said special use permit shall lapse and become void.  The Inspections Department may provide further rules and regulations and/or fees to be charged to an applicant to obtain a permit.

(i.)  The operation of nursery schools shall be between the hours of nine o'clock (7:30) A.M. and six o'clock (6:00) P.M.

4.  Group care homes for children, subject to the following conditions:

a.  Such facility shall receive a State of Illinois license to operate prior to each special use permit under this Title or a special use permit shall be approved subject to the receipt of a State of Illinois license.

b.  Off-street parking shall be provided for all supervisory personnel and for all licensed drivers who may occupy the group care home for children.

c.  Any property line for a proposed group care home for children shall not be located within a one thousand five hundred foot (1,500') radius of the property line of another group care home for children.

d. The Planning Commission shall hold a public hearing on the proposed facility.  In addition to notice by newspaper, written notice shall be given at least ten (10) days prior to the public hearing by the applicant by certified mail, return receipt requested, of the intended use and of the date and time of the hearing by the Planning Commission to the following:

1.  The home on either side of the lot or parcel in question.

2.  The three (3) homes across the street from the lot or parcel in question.

3.  The three (3) nearest homes to the rear of the lot or parcel in question. 
 
e.  Certified mail receipts along with a copy of the notice given shall be made available and filed with the Planning Commission with a map of the location of the parties notified with relationship to the parcel in question.

f.  The special use permit shall automatically be revoked upon termination or cessation of the use of the property as a group care home for children as defined in this Title.

g.  Any other restrictions or conditions which may be required by the Planning Commission.

E. Recreation Areas:  Private, noncommercial recreational areas, institutional or community recreation centers and nonprofit swimming pool clubs, all subject to the following conditions:

1.  The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one property line abutting a major thoroughfare as designated on the Major Thorough-fare Plan, and the site shall be so planned as to provide all access in accordance with subsection 9-10-12B of this Title.

2.  Front, side and rear yards shall be at least eighty feet (80') wide and landscaped in trees, shrubs and grass.  All such landscaping shall be maintained in a healthy condition.  There shall be no parking or structures permitted in these yards except required entrance drives and those walls used to obscure the use from abutting residential districts.

3.  Off-street parking shall be provided so as to accommodate not less than one-half (1/2) of the member families and/or individual members.  The Planning Commission may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas and will, therefore, be pedestrian.  Prior to the issuance of a building permit or zoning compliance permit, bylaws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements.  In those cases wherein the proposed use or organization does not have bylaws or formal membership, the off-street parking requirement shall be determined by the Planning Commission on the basis of usage.

4. Whenever a swimming pool is constructed under this Title, said pool area shall be provided with a protective fence, six feet (6') in height, and entry shall be provided by means of a controlled gate.

F. Golf Courses:  Golf courses, which may or may not be operated for profit, subject to the following conditions:

1. The site shall be so planned as to provide all access in accordance with subsection 9-10-12B of this Title.

2.  The site plan shall be laid out to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways and parking areas which will encourage pedestrian and vehicular traffic safety.

3.  Development features, including the principal and accessory buildings and structures, shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property.  This shall be not less than two hundred feet (200') from any property line abutting residentially-zoned lands; provided, that where topographic conditions are such that buildings would be screened from view, the Planning Commission may modify this requirement.

4. Whenever a swimming pool is to be provided, said pool shall be provided with protective fence, six feet (6') in height, and entry shall be by means of a controlled gate.

G. Colleges and Universities:  Colleges, Universities and other such institutions of higher learning, public and private, offering courses in general, technical or religious education and not operated for profit, all subject to the following conditions:

1.  Any use permitted herein shall be developed only on sites of at least forty (40) acres in area and shall not be permitted on any portion of a recorded subdivision plat.

2.  All access to said site shall be in accordance with subsection 9-10-12B of this Title.

3.  No building shall be closer than eighty feet (80') to any property line.

H. Funeral Homes:  Funeral homes, subject to the following conditions:

1.  Signs, when lighted, shall be shielded from abutting residences.

2.  Freestanding signs shall not exceed twenty (20) square feet in area.

3.  All yard setback requirements for residences in the district in which such use is located shall be complied with.

4.  Off-street parking as required in Section 9-10B-1 of this Title shall be provided.

5.  Service areas shall be screened from abutting residences by means of walls, fences or planting.

I. Room Rentals:  Boarding and renting of rooms shall be permitted, all subject to the following conditions:

1.  This use shall be considered as an accessory use; board or lodging shall not be furnished to more than five (5) persons in addition to the family.

2.   In the case of renting rooms, such convenience shall not be furnished unless there shall be provided at least seventy (70) square feet of floor area per guest in that part of the building directly occupied by such guests for rooming purposes.

3.  Boarding and the renting of rooms shall not include the operating of what is normally termed a restaurant or similar use where meals are served to transient guests.  Board shall not be provided to other than those rooming in the residence.

J.  Model Homes:  Model homes, subject to the following conditions:

1.  No more than one advertising sign may be placed on the premises where a model home is located, and such sign may not exceed nine (9) square feet in surface size and may not be illuminated.

2.  There shall be no exterior lighting on any premises occupied by a model home, other than yard lights and lights around exterior doors, of the type normally found on a single-family residence.  The use of spotlights is prohibited.

3.  In considering the issuance of a special use for a model home, the following factors may be considered:

a.  The general character of the area in which the model home will be located.

b.  The proximity of the model home to non-single-family zones.

c.   The proximity of the model home to major thoroughfares.

d.   The volume of vehicular traffic reasonably anticipated to be generated by such special use which would be in excess of the normal volume of vehicular traffic generated by a single-family use.

4.  A special use for a model home may:

a.  Restrict the duration of the special use and in no event shall the duration exceed twelve (12) months.

b.  Restrict the days of the week on which the model home may be kept open for display purposes.  Such a restriction shall not preclude the owner from showing the home at any time by specific appointment.

c.  Restrict the hours of the day during which the model home may be kept open for display purposes.  Different hours may be prescribed for different days of the week.

d.  Place such additional restrictions on the special use as are appropriate under the circumstances.

5.  No special use for a model home may be allowed within one-quarter (1/4) of a mile of any other existing model home special use; however, this paragraph 5 shall not apply to any special use granted for a model home which was in existence prior to the effective date hereof.

6.  The maintenance of a model home in a new subdivision shall not be subject to the provisions of this subsection K for a period of three (3) years after the subdivision wherein it is located has been approved and accepted by the City.  A model home in a new subdivision may qualify as a special use after the expiration of the initial three (3) year period upon compliance with the terms and provisions hereof.

7.  Any special use granted under the provisions of this subsection may, upon hearing before the Commission, be revoked if the Commission finds that any conditions of such special use have been violated.

K. Planned Residential Developments:  Planned residential developments may be permitted after review and approval of the development plan by the Planning Commission in accordance with the procedures set forth herein and after a public hearing on the site plan held by the City Council, subject to the following conditions:

1.  Basic Land Conditions:

a.  A minimum site area of one hundred (100) acres of contiguous land must be in ownership or control of the petitioner.

b.  The proposed development must be in basic accord with the intent of the planned residential development (PRD) as defined in Section 9-1-2 of this Title.

2.  Density Conditions:

a.  The maximum permitted densities within a planned residential development shall be governed and calculated based on a maximum density of 22 DCF per acre.

 b.  The DCF (density control factor) shall be determined by the following schedule:

All single-family detached dwellings shall count as 7 DCF;

All four (4) bedroom attached units shall count as 6 DCF;

All three (3) bedroom attached units shall count as 5 DCF;

All two (2) bedroom attached units shall count as 2 DCF;

All one bedroom attached units shall count as 1 DCF;

All efficiency apartments shall count as 1 DCF;

c.  For the purpose of determining the number of bedrooms in an attached unit, all rooms referred to as a "den", "library" or other extra room shall be considered as a "bedroom".

d.  No more than sixty five percent (65%) of the DCF permitted on the site shall be in attached units.

e.  No more than ten percent (10%) of the total DCF permitted on the site shall be in one bedroom or efficiency type apartments.

f.  The overall density of the PRD shall be averaged for the entire area included within the development plan.  Public open space such as school and park sites and public and private road rights of way except for major thoroughfares as herein defined, may be included in computing the area of the parcel and, therefore, the related density.  Nonresidential use areas and those areas proposed for the development for churches and the like shall be excluded in computing the area of the parcel and, therefore, the related density.  The horizontal surface of all bodies of water shall be computed as being within the area of the parcel for purposes of density whenever such lake is accessible to all residents of the planned residential development.

3.  Design and Layout Conditions:

a.  Where a planned or proposed major thoroughfare or collector street is included partially or wholly within the project area of a PRD, such portion of said roadway shall be provided as a public right of way with the width standards as stated in the Mater Use Plan for said right of way.  The alignment of the roadway shall be in general conformance to the proposed alignment as shown on the Master Plan.

b.  In order to protect abutting land on the periphery of the PRD project, the following rules shall control:

(1)  Where the adjacent land is platted (with or without development) as single family, the PRD will provide for a single-family development or park land to a depth of three hundred feet (300') along said boundary so as to make this area conform to the abutting one-family area.

(2)  Where the adjacent land is zoned as single family but is not platted, the PRD shall provide for single-family development or park land to a depth of three hundred feet (300') along said boundary.  The Planning Commission and City Council may waive this requirement if, in the judgment of these bodies, the adjacent land may be developed in other than single-family usage, either because the Master Plan indicates other than single family or because there is good reason to believe that said adjacent land may be also developed as a planned residential development in the reasonable future, and the conditions of the land at said boundary indicate that multiple-family development would preserve the natural terrain and vegetation to a greater extent than single family along this common boundary.

c.  Private common open spaces shall be provided on the basis of at least fifteen percent (15%) of the total acreage of the planned residential development; provided, that if a golf course is provided in the development, at least seven and one-half percent (7 1/2%) of the total land area must be put in open space other than a golf course.  No yard requirement for either single-family or multiple-family units shall count as part of this open space requirement.  If an elementary school site is provided on the PRD, said site may count toward open space requirement.

4.  Area, Height and Bulk Conditions:

a.  All yards, height, bulk, minimum floor area, lot coverage, lot area and lot width requirements for single-family development shall be in conformance with Section 9-9-1 of this Title, "Schedule of Regulations", for each applicable distract.

b.  All yards, height, bulk, minimum floor area and lot coverage requirements for multiple-family and attached development shall meet the requirements of Section 9-9-1 of this Title, "Schedule of Regulations", for the RM-2 Multiple-Family Residential District.

5.  Submittal Procedures and Conditions:  Any person owning or controlling land zoned single-family residential or multiple-family residential and meeting the requirements of subsection L1 hereof may make application to the City Council for consideration of a planned residential development.

The applicant shall be required to submit the following materials to the City:

a.  Submittal of Proposed PRD Plan:  A presentation shall be made to the City Council for review and recommendation by the Planning Commission of the following:

(1)  A boundary survey of the exact acreage being requested done by a registered land surveyor or civil engineer (scale: 1" = 200').

(2)  A topography map drawn as contours with an interval of at least two feet (2').  This map shall indicate all major stands of trees, bodies of water and unbuildable area due to soil conditions, wetlands, topography or similar conditions (scale: 1" = 200').

(3)  A current aerial photograph of the area shall be provided (scale 1" = 200').

(4)  A preliminary plan for the entire neighborhood area carried out in such detail as to indicate the functional uses and dwelling unit types being requested, the proposed population densities, a major thoroughfare and traffic circulation plan, the public utility plan, sites being reserved for churches, schools, service activities, playgrounds, recreational areas, parking areas and other open spaces and areas to be used for the public or by the residents of the planned residential development (scale: 1" = 200').

(5)  An indication of the contemplated storm water and sanitary utility plan and a preliminary topographic map indication of how the land area is to be shaped.

(6)  A written statement explaining in detail the full intent of the sponsor, indicating the type of dwelling units contemplated, resultant population, expected number of elementary school children and providing supporting documentation such as, but not limited to, soil surveys, market studies, supporting land use request and the intended scheduling of the development.

b.  Planning Commission Review of Proposed PRD Plan:  Upon receipt of an application, the City Council shall refer such request to the Planning Commission for its review and recommendation.  In its review, the Planning Commission shall consider the following:

(1)  All applicable provisions of this subsection and this Title have been met.  Insofar as any provision of this subsection shall be in conflict with the provisions of any other section of this Title, the provisions of this subsection shall apply to the lands embraced within a planned residential development area.

(2)  Adequate areas have been provided for all utilities, schools, walkways, playgrounds, recreational areas, parking areas and other open spaces and areas to be used by the public or by residents of the community.

(3)  There is, or will be at the time of development, an adequate means of disposing of sanitary sewage and of supplying the development with water and that the road system and storm water drainage system is adequate.

(4)  The plan provides for an efficient, aesthetic and desirable use of the open areas and the plan is in keeping with the physical character of the City and the area surrounding the development and that such plan makes reasonable effort to maintain natural features (trees, topography and vegetation) that exist on the site.

(5)  The applicant has made provision, satisfactory to the Council, to assure that those areas shown on the plan for use by the public or occupants of the development will be or have been irrevocably committed for that purpose.  The Council may require that conveyances or other documents be placed in escrow to accomplish this.

(6)  Provisions, satisfactory to the City Council, have been made to provide for the financing of any improvements shown on the plan for open space areas and common use areas which are to be included within the development and that maintenance of such improvements is assured by a means satisfactory to the City Council.

(7)  The case of installing all streets and the necessary utilities has been assured by a means satisfactory to the Council.

(8)  Upon finding that the conditions outlined in paragraphs (1) through (7) above have been satisfactory met, the Planning Commission shall hold a public hearing on the planned residential development proposal.

(9)  Following said public hearing, the Planning Commission shall forward its report and recommendation to the City Council.

c.  Approval of Planned Residential Development:

(1)  If the City Council shall determine to grant the application and approve of the plan, it shall do so by adopting a resolution so stating.

(2)  Once an area has been included within a plan for planned residential development and such plan has been approved by the City Council, no development may take place in such area nor may any use thereof be made except in accordance with a City Council approved amendment thereof.

(3)  Within a period of two (2) years following approval by the City Council, final site plans for the entire area embraced within the area approved for development under this Section must be submitted as hereinafter provided.  If such site plans have not been submitted and approved within the two (2) year period, the right to develop under the approved plan shall terminate and a new application must then be filed and processed in the same manner as in the original instance.

 d.  Submission of Final Plats and Site Plans to City Council:  Before any building permits shall be issued for buildings and structures within the area planned residential development, a final plan for an area of not less than fifty (50) acres shall be submitted to the City Council for review and recommendation by the Planning Commission of the following:

(1)  A detailed site plan, fully dimensioned, showing a fully scaled plan view of all buildings, all public road rights of way and private streets, areas within each zone district and the proposed ultimate density thereof, parking areas, utilities, churches, schools and areas to be set aside for the use of the public or by residents within the development (scale: 1" = 100').

(2)  The proposed topography (contour interval of at least 1" = 2') shall be superimposed on all site plans (scale: 1" = 100').

(3)  Floor plans typical of all residential buildings except detached single family shall be submitted, and the site plan shall indicate which floor plan is applicable to each such building.

(4)  Each final plat or site plan submitted within the planned residential development shall, either individually or in combination with previously approved contiguous project areas, meet the standards of this Section as to density, open space requirements and housing mixture requirements.

e.  Approval of Final Plats and Site Plans by City Council:

(1)  Review and approval of site plans shall comply with Section 9-10-14 of this Title as well as this Article except as modified in the approved plan.  Review and approval of plats shall comply with statutory provisions pertaining to plats (765 ILCS 205/1) and the subdivision regulations of the City in Title 10 of this Code in addition to the requirements of this Article.

(2)  Approval of each project area shall be effective for a period of three (3) years.  If development is not completed in this period, further submittals under this PRD option shall cease until the project in question is completed or cause can be shown for not completing same.  In reviewing and approving the final plans, the following conditions shall be set forth:

 (A)  Approval shall only be granted by the City Council after review and recommendation by the Planning Commission.  Public hearings shall not be required.

 (B)  A dedication of all public roads shall be made so as to cause continuity of public access between the adjacent major thoroughfare and ingress and egress to all private development within the development.

 (C)  Before approving of any final plan, the Council shall determine:

i.  That all areas shown upon the Comprehensive Plan for the entire planned residential development area for use by the public or the residents of lands within the planned residential development area have been irrevocably committed to such uses by dedication, restrictive covenants or in some other manner satisfactory to the City Council.

ii. That the final plan is in general conformity with the original plan previously approved.

 (D)  Provisions, satisfactory to the City Council, have been made to provide for the financing of any improvements shown on the plan for open spaces and common areas which are to be provided by the applicant and that maintenance of such improvements is assured by a means satisfactory to the City Council.

 (E)  Proceeding with a planned residential development shall only be permitted if it is mutually agreeable to the City Council and the developer or sponsor.

 f.  Fees:  Fees for review of site plans and for processing applications shall be established by resolution of the City Council.

 g.  Amendments:  Any changes or amendments requested shall terminate approval of the overall plan until such changes or amendments have been reviewed and approved as in the first instance.

L. Cluster Development Option; One-Family Cluster Developments:  The intent of this subsection is to permit the development of one-family residential patterns which, through design innovation, will introduce flexibility so as to provide for the sound physical handling of site plans in situations where the normal subdivision approach would otherwise be unnecessarily restrictive.  To accomplish this, the following modifications to the one-family residential standards shall be permitted subject to the conditions herein imposed:

1.  In all one-family residential districts, one-family clustering shall be permitted in those areas having at least one of the following characteristics:

 a.  An area generally parallel to and generally not to exceed three hundred sixty feet (360') in depth on those unsubdivided parcels of land abutting a thoroughfare or collector street as designated on the Comprehensive Plan of the City so as to provide transition between said thoroughfare and adjacent one-family detached housing.  The density in the cluster area may equal five and five-tenths (5.5) dwelling units per acre (including all residential road rights of way).

 b.  An area generally parallel to and generally not to exceed three hundred sixty feet (360') inn depth on those unsubdivided parcels of land having frontage on a thoroughfare or collector street as designated on the Comprehensive Plan of the City and being so located as to provide transition between nonresidential or multiple-family districts and one-family development.  The density in the cluster area may equal five and five tenths (5.5) dwelling units per acre (including all residential roads).

 c.  An unsubdivided area which the Planning Commission finds to be of such unusual shape or which is found to contain unstable or generally unbuildable soil conditions or which has unusually severe topographic conditions or which is characterized by some other unusual physical or developmental factor which would make sound physical development under the normal subdivision approach impractical.  The density in the cluster area may equal four and five-tenths (4.5) dwelling units per acre (including all residential roads).

In approving areas for one-family cluster development under this subsection, the Planning Commission shall find the following conditions to exist:

(1)  The achieving of road grades of less than six percent (6%) is impossible unless the site were mass graded.  The providing of one-family clusters will, in the opinion of the Planning Commission, allow a greater preservation of the natural setting.

(2)  The area in open space (including subdivision recreation areas and water) accomplished through the use of one-family clusters shall represent at least fifteen percent (15%) of the horizontal development area of a one-family cluster development.  This entire area may be used in computing density when preserved in open space.

(3)  The overall permitted density within any unsubdivided parcel not located in relation to a major thoroughfare, as described in this subsection, shall not exceed four and five-tenths (4.5) dwelling units per acre, averaged over the entire area included within the general Comprehensive Plan.

(4)  On unsubdivided parcels allowed to develop under this subsection 9-4A-3M1c, all the standards of the one-family district shall be applied to a strip at least three hundred sixty feet (360') in depth around the outer boundaries of the area proposed to be incorporated in this clustering option so as to make said strip conform to contiguous one-family residential districts.

2.  Under this subsection, the attaching of one-family homes shall be permitted when said homes are attached through a common party wall which does not have over thirty percent (30%) of its area in common with an abutting dwelling wall by means of an architectural wall detail which does not form interior room space or through a common party wall in only the garage portion of adjacent structures, there being no common party wall relationship permitted through any other portion of the residential unit.

3.  The maximum number of units attached in the above manner shall not exceed four (4).

4.  Yard requirements may be modified as follows:

 a.  Front yard may be reduced to not less than twenty five feet (25').

 b.  Side yards to one-family detached units shall be at least eight feet (8').  At least sixteen feet (16') of combined side yards shall be provided between one-family detached homes.

 c.  Side yards to one-family detached units shall be at least eight feet (8') on the exterior end of the attached homes creating at least a sixteen foot (16') open space between said groupings of one-family attached homes.

5.  In reviewing the plans and approving the application of this subsection to a particular site, the Planning Commission shall require the following:

 a.  All lots that abut the major thoroughfares shall have a rear yard or side yard relationship to said thoroughfares.

 b.  A landscaped berm, at least five feet (5') high, shall be provided along the entire property line abutting the major or secondary thoroughfares.  This berm may be included within a require side or rear yard.  The Planning Commission shall find that the slopes on said berms are gentle enough so as not to erode when planted in grass, and it shall review the design of the berm as it relates to street intersections, finding that the horizontal view of oncoming traffic is not obscured.

 c.  Street ingress and egress to the major thoroughfares shall be kept to a minimum.

 d.  Any area to be dedicated for park, recreation or open space purposes as a result of the application of this subsection shall be subject to review and approval of the Planning Commission for minimum size, shape, location, access, the character of any improvements and assurance of the permanence of the open space and its continued maintenance.

6.  In submitting a proposed layout under this subsection, the sponsor of the development shall include, along with the site plan, the proposed building elevations and typical floor plans, an indication of existing and proposed public easements, topography drawn at a two foot (2') contour interval, all computations relative to acreage and density, details relative to the proposed berm and any other details which will assist in reviewing the proposed plan.
 
7.  Approval of a site plan under this subsection shall be effective for a period of eighteen (18) months.  Development not started in this period shall be considered as abandoned and authorization shall expire requiring that any proposed development thereafter shall be reviewed and approved by the Planning Commission.  Any proposed change in site plan or building plans, after approval has been received, shall require review and approval by the Planning Commission prior to effecting said change.

8.  Application of this option shall only be permitted when the site plan has been reviewed by the Planning Commission and approval granted by the City Council after review of the recommendation from the Planning Commission.

9.  Fees for review of site plans shall be established by resolution of the City Council.

(See second following page for diagram pertaining to subsection 9-4A-3M).

M. Accessory Buildings and Uses:  Accessory buildings and uses customarily incident to any of the above uses.

N. Community Residences:  Community residences that do not meet the requirement of subsection 9-4A-2C of this Article subject to the following conditions:

The Planning Commission shall hold a public hearing on the proposed facility.  In addition to notification by newspaper publications, notification shall be given by the applicant by certified mail of the intended use and of the date and time of the hearing by the Planning Commission to be the following:

1.  The homes within one hundred fifty feet (150') of the lot or parcel in question.

Registered mail receipts shall be made available and filed with the Planning Commission with a map showing the location of the parties notified with relationship to the parties in question.

2.  Any special use permit authorized under this subsection shall be issued by the Inspections Department, and must be renewed annually by the applicant.  At any time the applicant ceases to use said special use permit for the premises authorized, said special use permit shall lapse and become void.  The Inspections Department may provide further rules and regulations and/or fees to be charged to an applicant to obtain a permit.

3.  Any other restrictions or conditions which may be required by the Planning Commission.

O. Bed and Breakfast Establishments:  Shall mean an operator-occupied residence providing accommodations for a charge to the public with at least four (4) but no more than five (5) guest rooms for rent, in operation for more than ten (10) nights in a 12-month period.  Breakfast may be provided to the quests only.  Bed and breakfast establishments shall not include motels, hotels, boarding houses, or food service establishments.

Operator:  The owner of the bed and breakfast establishment, or the owner’s agent, who is required by this Ordinance to reside in the bed and breakfast establishment.

Guest Room:  A sleeping room of a bed and breakfast establishment intended to  serve no more than two (2) transient quests per night.

Bed and breakfast establishments subject to the following conditions:
 
1.  Two parking spaces shall be provided for the operators of the establishment and one additional parking space for each guest room;  all of said parking spaces shall comply with the provisions of the City of Pekin Zoning Ordinance pertaining to parking spaces. 
 
2.  A site plan showing the lot lines, location of all improvements, parking, lighting and any sign shall be submitted to the Planning Commission for approval.
 
3.  Establishments which serve breakfast shall comply with the public health requirements and food service requirements of the Tazewell County Health Department and the requirements of the State of Illinois as set forth in the "Bed and Breakfast Act."
 
4.  Establishments shall meet the State Fire Marshall's requirements for one and two-family dwellings and the requirements of the State of Illinois as set forth in the "Bed and Breakfast Act."
 
5.  All operators shall be certified and licensed as provided by the Ordinances of the City of Pekin, Illinois.
 
6.  Compliance with the "Bed and Breakfast Act" of the State of Illinois and any rules and regulations promulgated thereunder.

(See following page for diagram pertaining to subsection 9-4A-3M).
 
9-4A-4: AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.

CHAPTER 4

RESIDENTIAL DISTRICTS

ARTICLE AA.     R-E ONE-FAMILY RESIDENTIAL ESTATE DISTRICT

SECTION:

9-4AA-1:  Intent
9-4AA-2:  Principal Uses Permitted
9-4AA-3:  Special Uses
9-4AA-4:  Area and Bulk Requirements

9-4AA-1:  INTENT: The R-E One-Family Residential Estate District is designed to be a restrictive residential district in a rural setting, emphasizing open space and natural topography.  The intent is to provide for an environment of low density, one-family detached dwellings of estate living along with other residentially related facilities which serve the residents in the district.

9-4AA-2:  PRINCIPAL USES PERMITTED: In the R-E one-family residential district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this Title:

A. Generally:

Accessory buildings and uses, customarily incident to any of the following permitted uses.

Publicly and privately owned and operated parks, parkways, and recreational facilities.

One-family detached dwellings.

B. Community Residences: Community residences shall be permitted, subject to the following conditions:

1.   The residence or operator is eligible or has obtained licensing or certification from the State of Illinois to operate the community residence.

2.   The proposed community residence is not located within eight hundred fifty feet (850') of another existing community residence.

3. A minimum of seventy (70) square feet of bedroom floor area for each resident. 

C. Private Swimming Pools: Private pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

1.   There shall be a minimum distance of not less than ten feet (10') between the adjoining property line or alley right of way and the outside of the pool wall.  Side yard setbacks shall apply to side yards if greater than ten feet (10').

2.   There shall be a distance of not less than four feet (4') between the outside pool wall and any building located on the same lot.

3.   No swimming pool shall be located less than thirty -five feet (35') from any front lot line.

4.   No swimming pool shall be located in an easement.

5.   For protection of the general public, swimming pools shall be enclosed by a fence not less than four feet (4') in height.  Gates to the pool area shall be of a self-closing and latched type, with the latch on the inside of the gate, not readily available for children to open.  Gates shall be capable of being securely locked when the pool is not in use for extended periods.  In those instances where swimming pools are constructed four feet (4') or more above ground, and are accessible only by steps or ladder, such need not be fenced, provided the steps or ladder for access can be raised to make such pools inaccessible, and provided further, that those above ground pools having a fence as an integral part of the pool unit shall require no additional yard fencing.

6. Fencing that encloses the entire premises of a residential property on which a swimming pool is located may serve as sufficient fencing for the pool upon inspection and approval of the Building Inspector.

7. No swimming pool using electrical equipment may be constructed prior to obtaining an electrical permit.  The application for such electrical permit shall be submitted with the application for a building permit.

9-4AA-3:  SPECIAL USES: The following uses may be permitted, subject to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the Planning Commission for each use, and subject, further, to such conditions imposed by the City Council and the conditions herein after imposed for each use:

A. Churches and other facilities normally incidental thereto subject to the following conditions:

1. Buildings of greater than the maximum height allowed in Section 9-9-1 of this Title, "Schedule of Regulations", may be allowed, provided front, side and rear yards are increased above the minimum required yards by one foot (1') of building height that exceeds the maximum height allowed.

2.   All access to the site shall be in accordance with subsection 9-10-B-1-2 of this Title.

B. Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit.  Access to the site shall be in accordance with subsection 9-10-12B of this Title.

C. Libraries and other facilities normally incidental thereto subject to the following conditions:

1. Buildings of greater than the maximum height allowed in Section 9-9-1 of this Title, “Schedule of Regulations,” may be allowed, provided front, side and rear yards are increased above the minimum required yards by one foot (1’) of building height that exceeds the maximum height allowed.

2. All access to the site shall be in accordance with subsection 9-10-B-1-2 of this Title.

D. Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.

E. Model Homes: Model homes, subject to the following conditions:

1.   No more than one advertising sign may be placed on the premises where a model home is located, and such sign may not exceed twelve (12) square feet in surface size and may not be illuminated.

2.   There shall be no exterior lighting on any premises occupied by a model home, other than yard lights and lights around exterior doors, of the type normally found on a single-family residence.  The use of spotlights is prohibited.

3. In considering the issuance of a special use for a model home, the following factors may be considered:

 a. The general character of the area in which the model home will be located.

b. The proximity of the model home to non-single-family zones.

c.   The proximity of the model home to major thoroughfares.

d.   The volume of vehicular traffic reasonably anticipated to be generated by such special use which would be in excess of the normal volume of vehicular traffic generated by a single-family use.

4.  A special use for a model home may:
a. Restrict the duration of the special use and in no event shall the duration exceed twelve (12) months.

b. Restrict the days of the week on which the model home may be kept open for display purposes.  Such a restriction shall not preclude the owner from showing the home at any time by specific appointment.

c.   Restrict the hours of the day during which the model home may be kept open for display purposes.  Different hours may be prescribed for different days of the week.

d. Place such additional restrictions on the special use as are appropriate under the circumstances.

5.   No special use for a model home may be allowed within one-quarter (1/4) of a mile of any other existing model home special use; however, this paragraph 5 shall not apply to any special use granted for a model home which was in existence prior to the effective date hereof.

F. Golf Courses: Golf courses, which may or may not be operated for profit, subject to the following conditions:

1. The site shall be so planned as to provide all access in accordance with subsection 9-10-12B of this Title.

2. The site plan shall be laid out to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways and parking areas which will encourage pedestrian and vehicular traffic safety.

3.   Development features, including the principal and accessory buildings and structures, shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property.  This shall be not less than two hundred feet (200') from any property line abutting residentially-zoned lands; provided, that where topographic conditions are such that buildings would be screened from view, the Planning Commission may modify this requirement.

Any special use granted under the provisions of this section may, upon hearing before the Commission, be revoked if the Commission finds that any conditions of such special use have been violated.

9-4AA-4: AREA AND BULK REQUIREMENTS: See Section 9-9-1 of this Title, “Schedule of Regulations,” limiting the height and bulk of buildings, the minimum size of lot permitted by land use and providing minimum yard setback requirements.

CHAPTER 4

RESIDENTIAL DISTRICTS

ARTICLE B.  RT TWO-FAMILY RESIDENTIAL DISTRICTS

SECTION:

9-4B-1: Intent
9-4B-2: Principal Uses Permitted
9-4B-3: Special Uses
9-4B-4: Area and Bulk Requirements

9-4B-1: INTENT:  The RT Two-family Residential Districts are designed to afford a transition of use in existing housing areas by permitting new construction or conversion of existing structures between adjacent residential and commercial, office, thoroughfares or other uses which would affect residential character.  This District also allows the construction of new two-family residences where slightly greater densities are permitted. 

9-4B-2: PRINCIPAL USES PERMITTED:  In a two-family residential district, no building or land shall be used and no building shall be erected except for one or more of the following specified uses unless otherwise provided in this Title:

A. All principal uses permitted as regulated and all special uses except Bed and Breakfast Establishments as regulated in the One-Family Residential Districts.  The standards of Section 9-9-1 of this Title, "Schedule of Regulations", applicable to the R-2 zoning district shall apply as minimum standards when one-family detached dwellings are erected.

B. Two-family dwellings.

C. Accessory buildings and uses customarily incident to any of the above permitted uses. 

D. Community residences, subject to the following conditions:

1.   The residence or operator is eligible or has obtained licensing or certification from the State of Illinois to operate the community residence.

2.   The proposed community residence is not located within eight hundred fifty feet (850') of another existing community residence.

3. A minimum of seventy (70) square feet of bedroom floor area for each resident.

4. The residence shall have no more than eight residences and two staff members.

5. The residence does not house persons for the purpose of drug or alcohol shelter or rehabilitation.

9-4B-3: SPECIAL USES:

A. Community residences which have more than eight residents or more than two staff members, but less than sixteen residents and less than four (4) staff members, subject to the following conditions:

The Planning Commission shall hold a public hearing on the proposed facility.  In addition to notification by newspaper publication, notification shall be given by the applicant, fifteen (15) days before the date of the hearing, by certified mail of the intended use and of the date and time of the hearing by the Planning Commission to the following:

1.  The homes within one hundred fifty feet (150') of the lot or parcel in question.

Registered mail receipts shall be made available and filed with the Planning Commission with a map showing the location of the parties notified with relationship to the parties in question.

2.  Any special use permit authorized under this paragraph shall be issued by the Inspections Department, and must be renewed annually by the applicant.  At any time the applicant ceases to use said special use permit for the premises authorized; said special use permit shall lapse and become void.  The Inspections Department may provide further rules and regulations and/or fees to be charged to an applicant to obtain a permit.

3.  Any other restrictions or conditions which may be required by the Planning Commission.

9-4B-4: AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use, the maximum density permitted and providing minimum yard setback requirements.
 
CHAPTER 4

RESIDENTIAL DISTRICTS

ARTICLE C.  RM-1 THROUGH RM-3 MULTIPLE-FAMILY
RESIDENTIAL DISTRICTS

SECTION:

9-4C-1: Intent
9-4C-2: Principal Uses Permitted
9-4C-3: Special Uses
9-4C-4: Required Conditions
9-4C-5: Area and Bulk Requirements

9-4C-1: INTENT:

A. RM-1, RM-2 and RM-3 Districts:  The RM-1, RM-2 and RM-3 Multiple-Family Residential Districts are designed to provide sites for multiple-family dwelling structures and related uses which will generally serve as zones of transition between the nonresidential districts and lower density single-family districts.  The multiple-family district is further provided to serve the limited needs for the apartment-type of unit in an otherwise medium density, single-family community.

9-4C-2: PRINCIPAL USES PERMITTED:  In a Multiple-Family Residential District, no buildings or land shall be used and no building shall be erected, except for one or more of the following specified uses, unless otherwise provided in this Title:

All principal uses permitted as regulated and all special uses as regulated in the RT Two-Family Residential District. 

Community residence with no more than fifteen (15) residents and no more than four (4) staff persons

Multiple-Family dwellings.

Accessory buildings and uses customarily incident to any of the above permitted uses. 

9-4C-3: SPECIAL USES:  The following uses may be permitted, subject to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the Planning Commission for each use, and subject, further, to such conditions imposed by the City Council and the conditions herein after imposed for each use:

A. Housing for the elderly, congregate living center or guest house, when the following conditions are met:

1.  All dwellings shall consist of at least two hundred twenty five (225) square feet per unit (not including kitchen and sanitary facilities).

2.  Total coverage of all buildings (including dwelling units and related service buildings) shall not exceed twenty five percent (25%) of the total site exclusive of any dedicated public right of way.

3.  Service uses such as a dry cleaning pickup station, barber shop or similar use for the exclusive service to residents of a building may be allowed in RM-3 Districts within a building housing fifty (50) or more residents.  In no instance shall such service use be provided with direct access to a street for the use of the public in general; it being the purpose of this provision to allow such use to only be provided as a convenience to occupants of the building in which such service is located.  No signs of any nature shall be visible from outside the building in which the use is located.

B. Nursery schools and day care centers shall be allowed when the following conditions are met:

1.  Provided, that such school or day care center shall provide play space for the total minimum area of not less than one thousand (1,000) square feet and shall be screened from adjoining residential land with an obscuring wall or fence six feet (6') in height.

2.  The Planning Commission may hold hearings and may request notification of abutting property owners of such hearings to provide information relative to the proposed use.

C. Convalescent homes and orphanages, when the following conditions are met:

1.  There shall be provided on the site not less than one thousand five hundred (1,500) square feet of open space for each bed in the home.  The one thousand five hundred (1,500) square feet of land area shall provide for landscaping setting, off-street parking, service drives, loading space, yard requirement and accessory uses but shall not include the area covered by main or accessory buildings.

2.  No building shall be closer than forty feet (40') to any property line.

D. Group care homes for children, subject to the following conditions:

1.  Such facility shall receive a State of Illinois license to operate prior to each special use permit under this Title, or a special use permit shall be approved subject to the receipt of a State of Illinois license.

2.  Off-street parking shall be provided for all supervisory personnel and for all licensed drivers who may occupy the group care home for children.

3.  Any property line for a proposed group care home for children shall not be located within a one thousand five hundred foot (1,500') radius of the property line of another group care home for children.

4.  The Planning Commission shall hold a public hearing on the proposed facility.  In addition to notice by newspaper, public notice shall be given by the applicant by certified mail, fifteen days before the hearing date, of the intended use and of the date and time of the hearing by the Planning Commission to the following:

a.  The homes on each side of the lot or parcel in question.

b.  The three (3) nearest homes across the street from the lot or parcel in question.

c.  The three (3) nearest homes to the rear of the lot or parcel in question. 

5.  Certified mail receipts shall be made available and filed with the Planning Commission with a map of the location of the parties notified with relationship to the parcel in question. 

6.  Any other restrictions or conditions which may be required by the Planning Commission.

7.  Any special use permit authorized under this subsection shall be issued by the Inspections Department and must be renewed annually by the applicant.  At any time the applicant ceases to use said special use permit for the premises authorized, said special use permit shall lapse and become void.  The Inspections Department may provide further rules and regulations and fees to be charged to an applicant to obtain a permit.

E. Churches and meeting halls, subject to the following conditions:

1.  Buildings of greater than the maximum height allowed in Section 9-9-1 of this Title, "Schedule of Regulations", may be allowed; provided, front, side and rear yards are increased above the minimum required yards by one foot (1') for each foot of building height that exceeds the maximum heights allowed.

2.  Meeting halls shall be utilized only in conjunction with the organization housed therein and shall not be leased to the public for private functions.

3.  Not more than one illuminated bulletin board sign shall be permitted and not more than on non-illuminated identification sign of not more than twenty (20) square feet in area affixed to the building shall be permitted.

4.  Off-street parking shall be provided in accord with Sections 9-10B-1 of this Title. 

F. Community residences as provided in subsection 9-4B-3A of this Title.

G. Children’s Advocacy Center.

H. Accessory buildings and uses customarily incidental to any of the above permitted uses.

9-4C-4: REQUIRED CONDITIONS:  In the case of multiple-dwelling developments, all site plans shall be submitted to the Planning Commission for its review and approval prior to issuance of a building permit.

Approval shall be contingent upon a finding that:  1) the site plan shows that a proper relationship exists between local streets and any proposed service roads, driveways and parking areas to encourage pedestrian and vehicular traffic safety; and 2) all the development features including the principal building or buildings and any accessory buildings or uses, open spaces and any service roads, driveways and parking areas are so located and related to minimize the possibility of any adverse effects upon adjacent property such as, but not limited to, channeling excessive traffic onto local residential streets, lack of adequate screening or buffering of parking or service areas or building groupings and circulation routes located as to interfere with police or fire equipment access.

9-4C-5: AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use, maximum density permitted and providing minimum yard setback requirements.
 
CHAPTER 4

RESIDENTIAL DISTRICTS

ARTICLE D.  ROWHOUSES

SECTION:

9-4D-1: SPECIAL REGULATIONS REGARDING VILLAS: (Ord. No. 2526-OA – 07/08 08-13-07)

A. Villas shall be permitted only in those districts wherein zero lot lines are permitted, as shown in Section 9-9-1 of this Code, and shall be subject to the provisions of said Section 9-9-1.

B. The number of villas dwelling units within a single rowhouse building shall not exceed four (4) per lot.

C. No side yard shall be required along any side lot line, which is common to two (2) attached villa dwellings, whether they are on interior or exterior villa lots.  One side yard, a minimum of eight feet (8’) in width, shall be required along the side lot line of an exterior villa lot where such lot line is not common to that of any other attached villa dwelling.  In no case shall side by side villa buildings be separated by a distance of less than sixteen feet (16’).  In any case in which an exterior villa lot abuts or adjoins a lot which is used for any purpose other than other villa building, side yards shall be ten feet (10’).

D. A minimum lot width of thirty feet (30’) shall be provided for all interior villa lots within a RV-1, RV-2 and RV-3 Zoning District.  A minimum lot width of forty feet (40’) shall be provided for all exterior villa lots within an RV-1, RV-2 and RV-3 zoning district, unless provisions are provided in said section 9-9-1, as per schedule of regs attached.
                                                                                                                               
E. Exterior treatment of attached villa shall be compatible with all other villa dwelling units within the same structure.

F. An unobstructed easement shall be provided across the side and rear eight feet (8’) adjacent to the building of each exterior villa lot when adjacent to an interior villa lot.  An eight foot (8’) unobstructed easement shall be provided at the rear of each villa lot.  Such easement shall be for ingress/egress and maintenance of adjacent interior villa lot owners.  Said access easement shall be unobstructed and physically passable at all times.  This easement shall be incorporated into each deed transferring title to the property.

G. A common wall agreement shall be included in the subdivision covenants for each villa lot setting forth provisions for repair of common walls, repair of common utility service connections, reconstruction of common building in the event of damage or destruction of one or all of the dwelling units and common maintenance and repair of joint facilities.

H. The coincident property wall (common wall) of each villa shall be constructed in a manner which complies with the standards for common walls established by the City Code.   (Ord. No. 2526-OA-07/08 08-13-07)
 
CHAPTER 5

OFFICE SERVICE DISTRICTS

ARTICLE A.  OS-1 OFFICE SERVICE DISTRICTS

SECTION:

9-5A-1: Intent
9-5A-2: Principal Uses Permitted
9-5A-3: Special Uses
9-5A-4: Required Conditions
9-5A-5: Area and Bulk Requirements

9-5A-1: INTENT:  The OS-1 Districts are designed to accommodate uses such as offices, banks and personal services which can serve as transitional areas between residential and commercial districts and to provide a transition between major thoroughfares and residential districts.

9-5A-2: PRINCIPAL USES PERMITTED:  In an office service district, no building or land shall be used and no building shall be erected, except for one or more of the following specified uses, unless otherwise provided in this Title:

All principal uses permitted as regulated and all special uses as regulated in the RM Multiple-Family Districts.

Banks, credit unions, savings and loan associations, and similar uses; drive-in facilities as an accessory use only.

Business schools or private schools which may be operated for profit but not limited activities which would create noise or which would result in the repair or manufacture of products.

Churches and private clubs.

Community residences as provided in subsection 9-4B-2D of this Title.

Facilities for human care such as hospitals, sanitariums, rest and convalescent homes.

Medical offices, including clinics.

Municipal office buildings and uses.

Office buildings for any of the following occupations:  executive, administrative, professional, accounting, writing, clerical, stenographic, drafting and sales subject to the limitations contained in Section 9-5A-4 of this Article.

Off-street parking lots.

Other uses similar to the above uses.

Schools of nursing and other hospital related teaching facilities, including staff residence facilities, such as nurses’ home and dormitories

The uses allowed and as controlled in RM-2 districts may be permitted on those floors above the first story solely for the owner of the property or the business therein, in accord with the dwelling unit density requirements of the RM-2 district.  All height, setback, floor area ratio, and percent of lot coverage requirements shall comply with the requirements of the OS-1 district.  In determining dwelling unit density, the parcel area, including that area to be occupied by the principal use, may be computed.

Accessory structures and uses customarily incident to the above permitted uses. 

9-5A-3: SPECIAL USES:  The following uses may be permitted, subject to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the Planning Commission for each use, and subject, further, to such conditions imposed by the City Council and the
conditions herein after imposed for each use:

Alcohol/Drug Rehabilitation Home

An accessory use customarily related to a principal use authorized by this Article such as, but not limited to, a pharmacy or apothecary shop, stores limited to corrective garments or bandages or optical service.

Community residence as provided in subsection 9-4B-3A of this Title.

Mortuary establishments when adequate assembly area is provided off-street for vehicles to be used in funeral processions; provided further, that such assembly area shall be provided in addition to any required off-street parking area.  A caretaker's residence may be provided within the main building of mortuary establishments.

Personal service establishments, such as barbershops and beauty shops.

Publicly owned buildings, telephone exchange buildings and electric transformer stations, substations or gas regulator stations.

Publicly-owned buildings, telephone exchange buildings and public utility offices, but not including storage yards, transformer stations, substations, or gas regulator stations.

The use allowed and as controlled in RM-2 Districts may be permitted on those floors above the first story in accord with the dwelling unit density requirements of the RM-2 District.  All height, setback, floor area ratio and percentage of lot coverage requirements shall comply with the requirements of the OS-1 District.  In determining dwelling unit density, the parcel area, including that area to be occupied by the principal use, may be computed.

Accessory structures and uses customarily incident to the above uses.

9-5A-4: REQUIRED CONDITIONS:

A. No interior display shall be visible from the exterior of the building.

B. The outdoor storage of goods or material shall be prohibited.

C. Warehousing or indoor storage of goods or materials beyond that normally incident to the above permitted uses shall be prohibited.

D. A site plan should be submitted for review in accord with Section 9-10-14
 of this Title

9-5A-5: AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use and providing minimum yard setback requirements.
 
CHAPTER 5

LEFT BLANK

CHAPTER 6

BUSINESS DISTRICTS

ARTICLE A.  B-1 LOCAL BUSINESS DISTRICTS

SECTION:

9-6A-1: Intent
9-6A-2: Principal Uses Permitted
9-6A-3: Special Uses
9-6A-4: Required Conditions
9-6A-5: Area and Bulk Requirements

9-6A-1: INTENT:  The B-1 Local Business Districts, as herein established, are designed to meet the day-to-day convenience shopping and service needs of persons residing in the adjacent residential areas.

9-6A-2: PRINCIPAL USES PERMITTED:  In a local Business District, no building or land shall be used and no building shall be erected, except for one or more of the following specified uses, unless otherwise provided in this Title:

Alcohol/Drug Rehabilitation Home

All principal uses as regulated and all special uses as regulated in the OS-1 Office Service Districts except new one- and two-family dwellings.

Business establishments which perform services on the premises such as, but not limited to, banks, loan companies, insurance offices and real estate offices.

Dry cleaning establishments or pickup stations dealing directly with the consumer.  Central dry cleaning plants serving more than one retail outlet shall be prohibited.

Generally recognized retail businesses which supply commodities on the premises such as, but not limited to, groceries, meats, dairy products, baked goods or other foods, drugs, dry goods, clothing, notions, hardware and restaurants.

The uses allowed and as controlled in RM-2 Districts may be permitted on those floors above the first story to the owner of the property or business in accordance with the dwelling unit density requirements of the RM-2 District.  All height, setback, floor area ratio and percent of lot coverage requirements shall comply with the requirements of the B-1 District.  In determining dwelling unit density, the parcel area, including the area to be occupied by the principal uses, may be computed. 

Personal service establishments which perform services on the premises such as but not limited to, repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlors or barber shops, photo-graphic studios and self-service laundries and dry cleaners.

Post Office and similar governmental office buildings serving persons living in the adjacent residential area.

Professional services including the following:  Offices of doctors, dentists, osteopaths and similar or allied professions.
Other uses similar to the above uses.

Accessory structures and uses customarily incident to the above permitted uses.

9-6A-3: SPECIAL USES: With the exception of (F), the following uses may be permitted, subject to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the Planning Commission for each use, and subject, further, to such conditions imposed by the City Council and the conditions herein after imposed for each use;

A. Gasoline service station for the sale of gasoline, oil and minor accessories only and where no repair work is done, other than incidental service, but not including steam cleaning or undercoating, vehicle body repair painting, tire recapping, engine rebuilding, auto dismantling, upholstering, auto glass work and such other activities whose external effects could adversely extend beyond the property line.

1.  The curb cuts for access to a service station shall not be permitted at such locations that will tend to create traffic hazards in the streets immediately adjacent thereto.  Entrances shall be no less than fifty feet (50') from a street intersection (measured from the road right of way) or from adjacent residential districts.

2.  The minimum lot area shall be fifteen thousand square feet (15,000) and so arranged that ample space is available for motor vehicles which are required to wait.  Gasoline service stations which are intended solely for the sale of gasoline, oil and minor accessories and having no facilities for repair or servicing of automobiles (including lubricating facilities) may be permitted on lots of ten thousand (10,000) square feet, subject to all other provisions herein required.

B. Publicly-owned buildings, public utility buildings, telephone exchange buildings, electric transformer stations and substations, gas regulator stations with service yards but without storage yards, water and sewage pumping stations; provided, however, that buildings used for overnight incarceration of prisoners shall not be permitted.

C. The uses allowed and as controlled in RM-3 Districts may be permitted on those floors above the first story in accord with the dwelling unit density requirements of the RM-3 Districts.  All height, setback, floor area ratio and percentage of lot coverage requirements shall comply with the requirements of the B-1 District.  In determining dwelling unit density, the parcel area, including the area to be occupied by the principal use, may be computed.

D. Self-serve auto wash, subject to the following:

1.  All washing operations shall be conducted within a building.

2.  A completely obscuring wall,, four feet six inches (4'6") high, shall be provided on those sides abutting a residential zone.  In those instances where a wall would be inappropriate, as determined by the Planning Commission, a landscape greenbelt may be utilized to screen such development from abutting residential areas.

3.  Lighting shall be directed away from all abutting residential areas.

E. Accessory structures and uses customarily incident to the above uses. 

 (Ord. No. 2494-06/07 10-09-06)
 
F. Restaurants with drive-thru or drive-ins shall be subject to the following conditions:  1) All lighting shall be shielded from adjacent residential districts;  2) A five foot high completely obscuring wall shall be provided when abutting or adjacent districts are zoned R, RT, RM, or OS-1 Districts.  The height of the wall shall be measured from the surface of the ground.  Said wall shall further meet the requirements of Chapter 10 of this Title 9, General Zoning Provisions;  3) All loading and parking shall be provided off-street;  4) The storage and/or display of any materials and/or products shall meet all setback requirements of the structure.

G. The uses allowed and as controlled in RM-2 Districts may be permitted on those floors above the first story for those other than the owner of the property or the business therein in accord with the dwelling unit density requirements of the RM-2 district.  All height, setback, floor area ratio and percent of lot coverage requirements shall comply with the requirements of the B-2 district.  In determining dwelling unit density, the parcel area, including that area to be occupied by the principal uses, may be computed.

9-6A-4: REQUIRED CONDITIONS:

A. All business establishments shall be retail or service establishments dealing directly with customers.  All goods produced on the premises shall be sold at retail on premises where produced.

B. All business, servicing or processing, except for off-street parking or loading, shall be conducted within a completely enclosed building.

9-6A-5: AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use and providing minimum yard setback requirements.
 
CHAPTER 6

BUSINESS DISTRICTS

ARTICLE B.  B-2 CENTRAL BUSINESS DISTRICT

SECTION:

9-6B-1: Intent
9-6B-2: Principal Uses Permitted
9-6B-3: Special Uses
9-6B-4: Area and Bulk Requirements

9-6B-1: INTENT: The B-2 Central Business District is designed to provide for office buildings and the great variety of large retail stores and related activities which occupy the prime retail frontage by serving the comparison, convenience and service needs of the entire City Area as well as substantial area of the adjacent and surrounding residential developments beyond the City limits.  The District regulations are designed to promote convenient pedestrian shopping and the stability of retail development by encouraging a continuous retail frontage and by limiting automotive-related services and non-retail uses which tend to break up such continuity.

9-6B-2: PRINCIPAL USES PERMITTED:  In a Central Business District, no building or land shall be used and no building shall be erected, except for one or more of the following specified uses, unless otherwise provided in this Title:

Any generally recognized retail business which supplies commodities on the premises within a completely enclosed building such as, but not limited to, food, drugs, furniture, clothing, dry goods, notions or hardware.

Any personal service establishment which performs services on the premises within a completely enclosed building such as, but not limited to, repair shops (watches, radio, television, shoe, etc.), tailor shops, beauty parlor, barber shops, interior decorators, photographers and dry cleaners.

Banks and banks with drive-in facilities, when said drive-in facilities are incidental to the principal function.

Business schools or private schools operated for profit.  Examples of private schools permitted herein include, but are not limited to, the following:  dance studios, music and voice schools and art studios.

Municipal buildings and post office.

Newspaper offices and printing plants.

Offices and office buildings of an executive, administrative or professional nature.
Offices and showrooms of plumbers,, electricians, decorators or similar trades.  The ground floor premises facing upon and visible from any abutting street shall be used only for entrances, offices or display.  All storage of, materials, on any land shall be within the confines of the building or part thereof occupied by said establishment and shall be adequately screened from abutting streets.

Public utility buildings telephone exchange buildings, electric transformer stations, substations and similar uses only when enclosed within a building or completely enclosed by an obscuring wall.

Restaurants and taverns where the patrons area served while seated within the building occupied by such establishment and wherein said establishment does not extend as an integral part of, or accessory thereof and service of a drive-in or open-front store.

The uses allowed and as controlled in RM-2 districts may be permitted on those floors above the first story solely for the owner of the property or the business therein, in accord with the dwelling unit density requirements of the RM-2 district.  All height, setback, floor area ratio, and percent of lot coverage requirements shall comply with the requirements of the B-2 district.  In determining dwelling unit density, the parcel area, including that area to be occupied by the principal use, may be computed.

Theaters, when completely enclosed.

Warehouse and storage facilities, when incident to and physical connected with any principal use permitted; provided, that such facility be within the confines of the building or part thereof occupied by said establishment.

Other uses which are similar to the above and subject to the following restrictions:

A. All business establishments shall be retail, wholesale or service establishments dealing directly with consumers.

B. All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

C. Storage of commodities shall be within buildings or shall be so enclosed as not be visible to the public from a street or thoroughfare.

Accessory structures customarily incident to the above permitted uses.

9-6B-3: SPECIAL USES:  The following uses may be permitted, subject to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the Planning Commission for each use, and subject, further, to such conditions imposed by the City Council and the conditions herein after imposed for each use:

The uses allowed and as controlled in RM-2 Districts may be permitted on those floors above the first story in accord with the dwelling unit density requirements of the RM-2 District.  All height, setback, floor area ratio and percent of lot coverage requirements shall comply the requirements of the B-2 District.  In determining dwelling unit density the entire parcel area, including that area to be occupied by the principal use, may be utilized in computing applicable lot coverage requirements.  (Ord. No. 2584-OA –09/10 5/26/09)

Churches.

Jails, prisons and other buildings used for over night incarceration of prisoners; provided, such use is enclosed within a building or within an obscuring wall or other screening.

(Ord. No. 2494-06/07 10-09-06)

9-6B-4: AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings and minimum size of lot permitted. 
 
CHAPTER 6

BUSINESS DISTRICTS

ARTICLE C.  B-3 GENERAL BUSINESS DISTRICTS

SECTION:

9-6C-1: Intent
9-6C-2: Principal Uses Permitted
9-6C-3: Special Uses
9-6C-4: Area and Bulk Requirements

9-6C-1: INTENT:  The B-3 General Business Districts are designed to provide sites for more diversified business types which would often be incompatible with the pedestrian movement in the Local Business District or the Central Business District.

9-6C-2: PRINCIPAL USES PERMITTED:  In a General Business District, no building or land shall be used and no building shall be erected, except for one or more of the following specified uses, unless otherwise provided in this Title:

Any retail business or service establishment permitted in B-1 and B-2 Districts as principal uses permitted and uses permitted as special uses. (Ord. No. 2494-06/07 10-09-06)

Automatic automobile car wash, self-serve auto or truck wash or outdoor car wash.

Bowling alleys.

Bus passenger stations.

Clinics.

Governmental offices (excepting those used for overnight incarceration of prisoners), public utility offices, exchange, transformer stations, pump stations and service yards, but not including outdoor storage.

Hotels and motels.

New and used automobile sales or showroom.

Outdoor retail and food sales where liquor is not sold, served or otherwise provided, with staff approved site plan.

Pool or billiard parlor or club.

Private clubs or lodge halls.

Retail cold storage establishments.

Self-service laundry and dry cleaning establishments.

Warehousing and storage of materials or goods to be sold at retail, provided such storage is within a building or is enclosed as not to be visible to the public from a street or thoroughfare.

Other uses which are similar to the above uses.

Accessory buildings and uses customarily incident to the above permitted uses.

9-6C-3: SPECIAL USES:  The following uses may be permitted, subject to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the Planning Commission for each use, and subject, further, to such conditions imposed by the City Council and the conditions herein after imposed for each use:

A. Outdoor sales space for exclusive sale of new or used automobiles, house trailers or rental of trailers and/or automobiles, all subject to the following:

1.   The lot or area shall be provided with a permanent, durable and dustless surface and shall be graded and drained as to dispose of all surface water accumulated within the area.

2.   Access to the outdoor sales area shall be at least twenty-five feet (25') from the intersection of any two (2) streets.

3.   No major repair or major refinishing shall be done on the lot.

4.   All lighting shall be shielded from adjacent residential districts.

B. Business in the character of a drive-through, drive-in or open-front store, subject to the following conditions:

1.  A setback of at least twenty-five feet (25') from the right-of-way line of any existing or proposed street must be maintained.

2.   Access points shall be located at least sixty feet (60') from the intersection of any two (2) streets.

3.   All lighting shall be shielded from adjacent residential districts.

4.   A five foot (5') high, completely obscuring wall shall be provided when abutting or adjacent districts are zoned for R, RT, RM or OS-1 Districts.  The height of the wall shall be measured from the surface of the ground.  Said wall shall further meet the requirements of Chapter 10 of this Title, "General Zoning Provisions".

C. Veterinary hospitals or clinics, provided all activities are conducted within a totally enclosed main building, and provided further, that all buildings are set back at least two hundred feet (200') from abutting residential districts on the same side of the street.

D. Plant materials nursery for the retail sale of plant materials not grown on the site and sales of lawn furniture, playground equipment and garden supplies, subject to the following conditions:

1.   The storage and/or display of any materials and/or products shall meet all setback requirements of a structure.

2.   All loading and parking shall be provided off-street.

3.   The storage of any soil, fertilizer or other loose, unpackaged materials shall be contained so as to prevent any effects on adjacent uses.

E. The uses allowed and as controlled in RM-3 Districts may be permitted on those floors above the first story in accord with the dwelling unit density requirements of the RM-3 District.  All height, setback, floor area ratio and percent of lot coverage requirements shall comply the requirements of the B-3 District.  In determining dwelling unit density, the parcel area, including that area to be occupied by the principal use, may be computed.

F. Accessory structures and uses customarily incident to the above uses.

G. Automotive repair business, such as muffler shops, shock absorber replacement shops, tire stores, undercoating shops and minor engine repair shops, subject to the following conditions:

1.   Access to such use shall be directly to a major or collector street or shall be to a minor street which has direct access to an abutting major or collector street.

2.   Access to and from such use shall not be cause for traffic to utilize residential streets.

3.   Outdoor storage of parts or materials shall be prohibited.

4.   Vehicles awaiting repair shall not be allowed to be stored outside the building for more than forty eight (48) hours for each such vehicle awaiting repair.

5.   Areas for off-street parking required for customer use shall not be utilized for the storage of vehicles awaiting repairs.

6. All vehicle servicing or repair shall be conducted within a building.

7.   Suitable containers shall be provided and utilized for the disposal of used parts, and such containers shall be screened from public view.

8.   A four foot six inch (4'6") obscuring wall shall be provided and maintained on those property lines adjacent to or abutting a residential district.

9.   A site plan shall be submitted to the Planning Commission for its review and approval; prior to issuance of a building permit.

H. (Left Blank) Ord. No. 2340-OA 9/22/03

I. Churches.

(Ord. No. 2494-06/07 10-09-06)

9-6C-4: AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use and providing minimum yard setback requirements. 
 
CHAPTER 7

INDUSTRIAL DISTRICTS

ARTICLE A.  I-1 LIGHT INDUSTRIAL DISTRICTS

SECTION:

9-7A-1: Intent
9-7A-2: Principal Uses Permitted
9-7A-3: Special Uses
9-7A-4: Area and Bulk Requirements

9-7A-1:  INTENT:  The I-1 Light Industrial Districts are designed so as to primarily accommodate wholesale activities, warehouses and industrial operations whose external, physical effects are restricted to the area of the District and in no manner affect, in a detrimental way, any of the surrounding districts.  The I-1 District is so structured as to permit, along with any specified uses, the manufacturing, compounding, processing, packaging, assembly and/or treatment of finished or semi-finished products from previously prepared material.

The general goals of this use District include, among others, the following specific purposes:

A. To provide sufficient space, inn appropriate locations, to meet the needs of the City’s expected future economy for all types of manufacturing and related uses.

B. To protect abutting residential districts by separating them from manufacturing activities and by prohibiting the use of such industrial areas for new residential development.

C. To promote manufacturing development which is free from danger of fire, explosions, toxic and noxious matter, radiation and other hazards and from offensive noise, vibration, smoke, odor and other objectionable influences.

D. To promote the most desirable use of land in accordance with a well-considered plan.

E. To protect the character and established pattern of adjacent developments and in each area, to conserve the value of land and buildings and other structures and to protect the City's tax revenue.

9-7A-2: PRINCIPAL USES PERMITTED:  In a Light Industrial District, no building or land shall be used and no building shall be erected, except for one or more of the following specified uses unless otherwise provided in this Title:

Any of the following uses when the manufacturing, compounding or processing is conducted wholly within a completely enclosed building.  That portion of the land used for open storage facilities for materials or equipment used in the manufacturing, compounding or processing shall be totally obscured by a wall on those sides abutting R, RT, RM, OS-1, B-1, B-2 and B-3 Districts and on any yard abutting a public thoroughfare, except as otherwise provided in Section 9-10-7-1 of this Title.  In I-1 Districts, the extent of such a wall may be determined by the Planning Commission on the basis of usage.  Such a wall shall not be less than four feet six inches (4'6") in height and may, depending upon land usage, be required to be eight feet (8') in height and shall be subject further to the requirements of Chapter 10 of this Title, "General Zoning Provisions".  A chain link fence with intense evergreen shrub planting shall be considered an obscuring wall.  The height shall be determined in the same manner as the wall height as above set forth.

All public utilities, including buildings, necessary structures, storage yards and other related uses.

Central dry cleaning plants or laundries; provided, that such plants shall not deal directly with consumer at retail.

Laboratories - experimental, film or testing.

Manufacture and repair of electric or neon signs, light sheet metal products, including heating and ventilating equipment, cornices, eaves and the like.

Manufacture, compounding, assembling or treatment of articles or merchandise from previously prepared materials:  bone, canvas, cellophane, cloth, cork, elastomer's, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, plastics, rubber, precious or semi-precious metals or stones, sheet metal, shell, textiles, tobacco, wax, wire, wood and yarns.

Manufacture, compounding, processing, packaging or treatment of such products as, but not limited to, bakery goods, candy, cosmetics, pharmaceuticals, toiletries, food products, hardware and cutlery, tool, die, gauge and machine shops.

Manufacture of musical instruments, toys, novelties and metal or rubber stamps or other molded rubber products.

Manufacture of pottery and figurines or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

Manufacture or assembly of electrical appliances, electronic instruments and devices, radios and phonographs.

Warehousing and wholesale establishments and trucking facilities.

Any use charged with the principal function of basic research, design and pilot or experimental product development when conducted within a completely enclosed building.

Commercial kennels.

Freestanding, non-accessory signs.

Greenhouses.

Manufacture of building products, storage facilities for building materials, sand, gravel, stone, lumber, storage of contractor's equipment and supplies; provided, such is enclosed within a building or within an obscuring wall or fence on those sides abutting all residential or business districts and on any yard abutting a public thoroughfare.  In any I-1 District, the extent of such fence or wall may be determined by the Planning Commission on the basis of usage.  Such fence or wall shall not be less than five feet (5') in height and may, depending on land usage, be required to be eight feet (8') in height.  A chain link type fence with heavy evergreen shrubbery inside of said fence shall be considered to be an obscuring fence.

Municipal uses such as water treatment plants, reservoirs, sewage treatment plants and all other Municipal buildings and uses, including outdoor storage.

Trade or industrial schools.

Warehouses, storage and transfer and electric and gas service buildings and yards; public utility buildings, telephone exchange buildings, electrical transformer stations; water supply and sewage disposal plants; water and gas tank holders; railroad transfer and storage tracks railroad rights of way; freight terminals.

Other uses of a similar and no more objectionable character to the above uses.

Accessory buildings and uses customarily incident to any of the above permitted uses.

9-7A-3: SPECIAL USES:  The following uses may be permitted, subject to the review and approval of the site plan and the use by the City Council after a hearing and recommendation is received from the Planning Commission for each use, and subject, further, to such conditions imposed by the City Council and the conditions herein after imposed for each use:

Auto engine and body repair and undercoating shop, when completely enclosed.

Lumber and planing mills, when completely enclosed and when located in the interior of the District so that no property line shall form the exterior boundary of the I-1 District.

Metal plating, buffing and polishing, subject to appropriate measures to control the type of process to prevent noxious results and/or nuisances.

Retail uses which have an industrial character in terms of either their outdoor storage requirements or activities (such as, but not limited to: lumber yard, building materials outlet, upholster, cabinet maker, outdoor sales of boats, house trailers, automobile garages or agricultural implements) or serve convenience needs of the Industrial District (such as, but not limited to: eating establishments, banks, savings and loan associations, credit unions, automobile service stations, motels or bowling alleys, trade or industrial schools or industrial clinics).  (Ord. No. 2494-06/07 10-09-06)

Short-term car storage for wrecked automobiles where such storage is for periods not to exceed six (6) months and when no such storage is undertaken for the wrecking or salvaging of automobiles or parts thereof.  All such storage areas shall be graded and maintained to assure adequate drainage, pollution and erosion control for the subject and surrounding properties.  The storage area shall comply with all applicable municipal, State and Federal guidelines and regulations for hazardous material waste and pollution control.  A minimum recommended surface cover is four (4) inches of coarse gravel or crushed rock over a compacted base.  The storage area shall be completely fenced and obscured from public view with solid panels, chain link fence with solid strip panels or similar type of construction.

Other uses of a similar character to the above uses.

Accessory buildings and uses customarily incident to any of the above uses.

9-7A-4: AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use and providing minimum yard setback requirements.
 
CHAPTER 7

INDUSTRIAL DISTRICTS

ARTICLE B. I-2 GENERAL INDUSTRIAL DISTRICTS

SECTION:

9-7B-1: Intent
9-7B-2: Principal Uses Permitted
9-7B-3: Area and Bulk Requirements

9-7B-1: INTENT:  General Industrial Districts are designed primarily for manufacturing, assembling and fabrication activities including large scale or specialized industrial operations whose external physical effects will be felt to some degree by surrounding districts.  The I-2 District is so structured as to permit the manufacturing, processing and compounding of semi-finished products from raw materials as well as from previously prepared material. 

9-7B-2: PRINCIPAL USES PERMITTED:  In a General Industrial District, no building or land shall be used and no building shall be erected, except for one or more of the following specified uses unless otherwise provided in this Title:

Any principal or special use first permitted in an I-1 District.

Any of the following production or manufacturing uses (not including storage or finished products); provided, that they are located not less than eight hundred feet (800') distant from any residential district and not less than three hundred feet (300') distant from any other district:

Blast furnace, steel furnace, blooming or rolling mill.

Incineration of garbage or refuse when conducted within an approved and enclosed incinerator plant.

Junk yards, provided such are entirely enclosed within a building or within and eight foot (8') obscuring wall, and provided further, that one property line abuts a railroad right of way.

Manufacture of corrosive acid or alkali, cement, lime, gypsum or plaster of Paris.

Petroleum or other inflammable liquids, production, refining or storage.

Smelting of copper, iron or zinc or ore.

Any other use which shall be determined by the City Council, after recommendation from the Planning Commission, to be of the same general character as the above permitted uses in this Section.  The City Council may impose any required setback and/or performance standards so as to insure public health, safety and general welfare.

Accessory buildings and uses customarily incident to any of the above permitted uses.

9-7B-3: AREA AND BULK REQUIREMENTS:  See Section 9-9-1 of this Title, "Schedule of Regulations", limiting the height and bulk of buildings, the minimum size of lot permitted by land use and providing minimum yard setback requirements. 
 
CHAPTER 8

P-1 VEHICULAR PARKING DISTRICTS

SECTION:

9-8-1: Intent
9-8-2: Principal Uses Permitted
9-8-3: Required Conditions
9-8-4: Minimum Distances and Setbacks
9-8-5: Parking Spaces

9-8-1:  INTENT:  The P-1 Vehicular Parking Districts are intended to permit the establishment of areas to be used solely for off-street parking of private passenger vehicles as a use incidental to a principal use.  These districts will generally be provided by petition or request to serve a use district which has developed without adequate off-street parking facilities.

9-8-2:  PRINCIPAL USES PERMITTED:  Premises in such districts shall be used only for an off-street vehicular parking area and shall be developed and maintained subject to such regulations as are hereinafter provided.

9-8-3: REQUIRED CONDITIONS: 

A. The parking area shall be accessory to and for use in connection with one or more multiple dwellings, businesses or industrial establishments located in adjoining multiple dwelling, business or industrial districts or in connection with one or more existing professional or institutional office buildings or institutions.

B. Such parking lots shall be contiguous to an RM or nonresidential district.  Parking areas may be approved when adjacent to said districts or on the end of a block where such areas front on a street which is perpendicular to that street servicing the district.  There may be a private driveway or public street or public alley between such P-1 District and above-listed districts.

C. Parking area shall be used solely for parking of private passenger vehicles, for periods of less than one day and shall not be used as an off-street loading area.

D. No commercial repair work or service of any kind or sale or display thereof shall be conducted in such parking area.

E. No signs of any kind, other than signs designating entrances, exits and conditions of use, shall be maintained on such parking area.

F. No buildings, other than those for shelter of attendants, shall be erected upon the premises, and they shall not exceed fifteen (15') feet in height.

G. Applications for P-1 District rezoning shall be made by submitting a dimensional layout of the area requested showing the intended parking plans in accordance with Sections 9-10-14 and 9-10B-1-2 of this Title.

9-8-4: MINIMUM DISTANCES AND SETBACKS:

A. Side and Rear Yards:  Where the P-1 District is contiguous to the side and/or rear lot lines of premises within a residentially zoned district, the required wall shall be located along said lot line.

B. Front Yards:  Where the P-1 District is contiguous to a residentially zoned district which has a common frontage in the same block with residential structures or wherein no residential structures have been yet erected, there shall be a setback equal to the required residential setback for said residential district or minimum of twenty five feet (25'), whichever is the greater.  The required wall shall be located on the minimum setback line unless, under unusual circumstances, the Planning Commission finds that no good purpose would be served.  The land between said setback and street right-of-way line shall be kept free from refuse and debris and shall be planted with shrubs, trees or lawn and shall be maintained in a healthy, growing condition, neat and orderly in appearance.

9-8-4B: AREA AND BULK REQUIREMENTS:   Chapter 9, "Height, Bulk, Density and Area Regulations", limiting the height and bulk of buildings, the minimum size of lots permitted by land use and providing minimum yard setback requirements, shall first be applied according to the underlying zone under which the use is a permissible use.  If the use is not a permissible use in the underlying zone, then the area and bulk requirement of the zone under which it would be a permissible use shall be applied.  If the use is not a permissible use in any zone, the Area and Bulk Requirements of the Zone under which the use would be a special use shall be applied.  If two or more zones meet the above requirements, the area and bulk requirements of the least restrictive zone shall apply.

9-8-5: PARKING SPACES:  P-1 Vehicular Parking Districts shall be developed and maintained in accordance with the requirements of Chapter 10 of this Title, "General Zoning Provisions". 
 
CHAPTER 8A

PLANNED UNIT DEVELOPMENT (PUD) - BUSINESS PARK

SECTION:

9-8A- 1:  Intent and Purpose
9-8A- 2:  Principle Permitted Uses
9-8A- 3:  Special Uses
9-8A- 4:  Prohibited Uses
9-8A- 5:  General Standards and Criteria for Approval
9-8A- 6:  Procedure for Application
9-8A- 7:  Preapplication Conference
9-8A- 8:  Concept Plan
9-8A- 9:  Preliminary Development Plan
9-8A-10:  Final Development Plan

9-8A-1:   PLANNED UNIT DEVELOPMENT DISTRICT  (PUD)-BUSINESS  PARK:

INTENT AND PURPOSE:  The "PUD" District is intended to provide a means for encouraging ingenuity, imagination and flexibility on the part of the land owners, engineers, architects, site planners and developers in the planning and design of land areas with sufficient size and shape to allow comprehensive planning.

The PUD regulations provide a controlled flexibility by utilizing objectives and performance standards rather than rigid design requirements, the intent being to encourage developments which possess greater amenities than that resulting under standard zoning district requirements.  It is not the intent of the PUD District to allow applications to circumvent the intent of the Zoning Ordinance by permitting density, building types, commercial, offices or light industrial uses, or street and utility layouts which are not in conformance with the Master Plan of the City or the character of the area.  Such PUD District may embrace a mixture of one or more permitted and/or special uses and open space in accordance with the Master Plan for Land Use and Circulation.

9-8A-2:   PRINCIPLE PERMITTED USES:   In the PUD - Business Park, no building or land shall be used and no building shall be erected except for one or more of the following uses unless otherwise provided in this Ordinance:

A. Manufacturing, compounding or processing and assembly of food and kindred products, paper, wood, leather, fabrics, rubber, plastic, stone, clay, glass and fabricated metal products; providing the conduct of such uses do not create noxious noise, odor, dust, glare, dirt or debris.

B. Wholesale and warehouse uses, including office/warehouse facilities for dry goods and apparel, food products, electrical goods, hardware, plumbing, heating, air conditioning, refrigeration equipment and supplies, machinery, furniture and house furnishings, and leather products.

C. General, corporate and governmental office buildings and facilities.

D. Research and development facilities.

E. Trade, industrial and private business schools.

F. Accessory buildings and uses customarily incidental to the above uses.

9-8A-3:   SPECIAL USES:   The following uses may be permitted, subject to the review and approval of the City Council after a public hearing and recommendation of the Planning and Zoning commission, and subject to any conditions imposed for each use(s) .

A. Commercial retail uses that serve the permitted uses in the PUD-Business Park, including food and kindred products, eating places, drug and proprietary, and automotive gasoline, tires, batteries and accessories, gift shop and florist. (Ord. No. 2494-06/07 10-09-06)

B. Service establishments and businesses for financial institutions and credit unions, health/fitness clubs and day care centers, meeting the requirements of Section 9-4A-3-D-2.

C. Service establishments for pick-up laundry and dry cleaning, photo graphics, postal facilities, shoe repair, barber shop, beauty shop and mechanical repair for automobiles, vans and four wheel trucks (exclusive of body work and engine repair).

D. Motel and hotel.

E. Public utility service buildings and uses (without storage yards) when operation requirements necessitate the location of said utility facilities within the district to serve the immediate vicinity.

F. Accessory buildings and uses, customarily incidental to any of the above permitted uses.

9-8A-4:   PROHIBITED USES:   The following uses shall be prohibited in the PUD-Business Park District.

A. Residential uses and group quarters.

B. Churches and places of worship.

C. Other schools and educational facilities, not otherwise permitted by Section 9-8A-2.

D. Abattoir and stockyards.

E. Junk yards and scrap metal, rubber, plastic, clay, stone, glass, utility or any other similar, open storage facility or business.

F. Chemical and allied products manufacturing.

G. Petroleum refinement, asphalt manufacturing.

H. Recycling and disposal facilities.-

I. Primary metal industries such as blast furnaces, steel works, foundries, and smelting and refining or rolling of metals.

J. Warehouse used for storage of personal property or vehicles.

K. Other retail and service uses not stated elsewhere.

L. Cemeteries and burial facilities.

M. Prison and other confinement facilities.

9-8A-5:   GENERAL STANDARDS AND CRITERIA FOR APPROVAL:   A requested change of an existing zoning district to a PUD shall only be approved when the Planning and Zoning Commission and Council make specific findings of fact directly based on evidence presented by the applicant supporting the following conclusions:

A. The tract or tracts of land included within the proposed PUD are in one ownership or control or are the subject of a joint application by the owners of all property included within the proposal;

B. The proposed development is in conformity with the goals and policies of the Pekin Comprehensive Plan;

C. The proposed development meets the intent and spirit of the Zoning Ordinance and all other applicable City ordinances;

D. The development provides an environment of stable character which promotes a harmonious relationship between land uses within the site and a harmonious relationship with surrounding development, utilizing adequate buffers where necessary;

E. The proposed development provides a development pattern which preserves and utilizes the natural topography, geologic features, scenic vistas, natural vegetation and natural drainage patterns of the site;

F. The proposed development provides a more desirable and more diverse environment for shopping and/or working than would be possible under strict application of the standard minimum design requirements of other districts provided within this Zoning Ordinance;

G. The proposed development promotes greater efficiency in the use of land, does not impose an undue burden on public services and facilities such as fire and police protection, schools, water supply and wastewater disposal due to excessive land uses and densities;

H. The proposed development is accessible from public thoroughfares adequate to accommodate the traffic which shall be imposed on the abutting area by the proposed development, and the proposed streets and parking areas within the site are adequate to serve the proposed arrangement of land uses;

I. The proposed development minimizes pedestrian and vehicle conflicts;

J. The proposed development provides a more spacious and useful pattern of landscaping and open space areas than would normally be required under the strict application of existing zoning and subdivision requirements;

K. The proposed development contains such proposed covenants, easements, association by-laws and other such provisions as may reasonably be required for the public health, safety and welfare;

L. The proposed development is designed in such a way that each individual section of the development as well as the total development, can exist as an independent section capable of creating an environment of sustained desirability and stability or that adequate assurance has been provided that such an objective shall be attained; and

M. The proposed development can be substantially completed within the period of time specified in the schedule of development submitted by the developer.

9-8A-6:   PROCEDURE FOR APPLICATION:   The owner(s) of one or more tracts of land intended for a PUD may submit an application to the Zoning Administrator for review and recommendation by the Planning and Zoning Commission.  The City Council shall consider the approval of the PUD.   Application shall be processed in accordance with the following criteria:

A. All applications shall be preceded by a preapplication conference.

B. All applications of projects of fifty (50) acres or more in land area shall submit a concept plan in addition to the required preliminary and final development plans.

C. All applications involving projects of fifteen (15) acres or more in land area shall submit preliminary and final development plans.

9-8A-7:   PREAPPLICATION CONFERENCE:   All applications shall be preceded by a preapplication conference between the developer and the Zoning Administrator, the Public Works Director, the Economic Development Director and any other City official or staff who may have an interest in the project.

9-8A-8:   CONCEPT PLAN:   A Concept Plan complying with the requirements of this article and requirements listed below shall accompany an application for review and approval of a PUD District under this Section.  The plans shall be prepared by a professional engineer, architect or land planner.  Applications to the Planning and Zoning Commission for preliminary review and approval shall be submitted to the Zoning Administrator at least twelve days prior to the Commission meeting.  At which it is to be considered, together with:

A. Name, address and phone numbers of the applicants and all property owners within the proposed development; evidence of unified control of the entire area of the development; and written agreements of all owners to proceed with development according to plan.

B. Name, address and phone number of the registered surveyor, registered engineer, licensed architect and/or professional planner assisting in the preparation of the Concept Plan.

C. A legal description and/or plat map of the property.

D. A description of existing land uses both within and the surrounding areas.

E. A vicinity map illustrating the existing zoning districts within and surrounding the site.

F. A general topographic map illustrating project and property boundaries, available ground elevations; existing structures, existing utility lines and/or easements, existing streets, wooded areas, streams, lakes, marshes, flood plains and other significant physical features of the site.  A maximum contour interval of ten feet and a minimum scale of one inch to 100 feet shall be permitted.

G. A concept plan illustrating:

1.   The proposed general location of arterial, collector or other major streets, including proposed ownership of such streets;

2.   The proposed general location of water, sanitary sewer and storm drainage facilities;

3.   The proposed location of the district/s within the project with the proposed building and pavement coverages, and floor area ratios of all nonresidential uses and areas (industrial, service, retail, et.al.).

4.   The proposed general types of any screening where required between abutting zoning districts and/or uses.

5.   A copy of any private covenants, deed restrictions or controls for the use of land.

H. The proposed general order and timing of development stages, including a demonstration that each stage would complement any previously completed stage and would form a reasonably independent unit in the event that succeeding stages were delayed.

I. Fifteen copies of the Concept Plan in summary form fitting an eight and one-half inch by eleven inch sheet of paper.

J. Any additional information which the Planning Commission feels necessary for proper review of the proposal.

K. An application fee of $60.00

The Concept Plan may be approved only after a public hearing by the Planning and Zoning Commission after which a recommendation is sent to the City Council.  The City Council may either disapprove the Concept Plan or pass a resolution to approve the Plan.  A resolution to approve the Concept Plan shall be considered a Memorandum of Understanding between the City and the applicant that the proposed layout of PUD District is acceptable to the City.  Actual approval for rezoning of the PUD District shall be accomplished at the final development plan Stage.

9-8A-9:   PRELIMINARY DEVELOPMENT PLAN:   All applications involving projects fifteen acres or more in area shall be required to submit a preliminary development plan for rezoning approval.  Approval of the preliminary development plan may also be considered approval of the preliminary subdivision plan, where applicable.

Applications to the Planning and Zoning Commission for preliminary development plan approval shall be submitted to the Zoning Administrator at least twelve working days prior to the Commission meeting at which it is to be considered, together with:

A. Name, address and phone numbers of the applicants and all property owners within the proposed development; evidence of unified control of the entire area of the development; and tentative written agreements of all owners to proceed with development according to plan or to provide adequate sureties for completion.

B. Name, address and phone numbers of the registered surveyor, registered engineer, licensed architect and/or professional urban planner assisting in the preparation of the preliminary development plan.

C. A vicinity map drawn to a scale not smaller than one inch equal to 100 feet showing the relationship of the site in question to the existing pattern of development.

D. Four copies of a survey of the site in question illustrating:

1.   Boundaries and acreage of the property;

2. Corporation, township or county lines;

3.   Names of adjacent subdivisions and owners of adjoining parcels of unsubdivided land;

4.   Existing streets, alleys and/or railroads;

5.   Existing easements;

6.   Existing utility lines and storm drainage facilities;

7.   Existing land uses and structures;

8.   Existing contours at two foot intervals for predominant ground slopes within the project area between level and ten percent (10%) grade and five foot intervals for predominant ground slopes over ten percent (10%) grade;

9.   North arrow and scale; and

10.   Any wooded areas, wetlands or flood prone areas, streams, lakes and/or other significant natural features.

E. Four copies of a preliminary development plan drawn to scale not smaller than one inch equal to 100 feet illustrating:

1.   The proposed name of the subdivision or development;

2.   The location and dimensions, height, gross floor area, entrances and setbacks of all structures;

3.   For all business, office and/or industrial structures, an indication of the principle type of uses and areas, gross leasable floor area and proposed entrances;

4.   The right of ways, pavement widths and names of all existing and proposed streets,. designated either public or private;

5.   The proposed location of all driveways, parking areas, loading areas, trash disposal containers and the proposed number of parking and loading spaces;

6.   The proposed location of all walkways and bike-ways;

7.   The proposed location and type of any public or common open space and any proposed improvements thereto;

8.   The proposed general location and size of all utility lines, showing their connection to existing systems and supporting engineering studies demonstrating the reasonableness and feasibility of such connections;

9.   The proposed system of storm drainage and erosion/sediment abatement, including engineering calculations and the proposed location and size of any system facilities;

10.   A landscaping plan including the types and location of proposed vegetation and/or man-made screening devices;

11.   Lighting and signage plans for the area, where applicable; and

12.   Boundaries of proposed development sections including proposed starting and completion dates.

F. Fifteen copies of the preliminary development plan in summary form at any scale fitting an eight and one-half inch by eleven inch sheet of paper;

G. Additional preliminary development plan requirements are:

1.   If private streets or open space areas are proposed, a report shall be included containing proposals for the maintenance and management of such streets or open space;

2.   A calculation of the percentages of land to be occupied by structures and paved vehicular areas;

3.   Any additional information deemed necessary by the Zoning Administrator for proper review of the proposal; and

4.   A fee of S60.00.

H. The Planning and Zoning Commission shall hold a Public Hearing as required on the Preliminary Development Plan.  Such public hearing shall consider all aspects of the development plan including all proposed stages and/or units of development.  Within thirty days after the public hearing on such plan, the Commission shall prepare and transmit to City Council and to the applicant specific findings of fact with respect to the extent to which the Development Plan com ,Plies with the standards.

I. Preliminary Plan Design Construction Standards

1.   The Preliminary Plan submission shall conform to the appropriate design standards and requirements in section 1310a- Final Development Plan, Item 10., except that the Planning and Zoning Commission may waive any of these requirements or standards to mitigate a unique property hardship or to encourage innovative design.

2.   Private streets may be permitted within a proposed development upon approval by Council after review and recommendation by the Commission.

J. Time Limit

Preliminary Plans shall be implemented (to Final Plan) within one (1) year or they become null and void.

9-8A-10:   FINAL DEVELOPMENT PLAN:   All PUDs shall be required to submit a Final Development Plan in order to obtain approval. The Final Development Plan shall substantially conform to a previously approved Preliminary Development Plan.  Final Plan submissions shall be rezoned as  a part of Final Plan review process.  Applications to the Zoning Administrator for review by the Planning and Zoning Commission for Final Development Plan approval shall be submitted at least twelve working days prior to the Commission meeting at which it is to be considered, together with:

A. The name, address and phone numbers of the applicants and all property owners within the proposed development; evidence of unified control of the entire area of the development; and tentative agreements of all owners to plan or to provide adequate sureties for completion;

B. Name, address and phone numbers of the registered surveyor, registered engineer, licensed architect and/or professional urban planner assisting in the preparation of the final development plan;

C. A vicinity map drawn to a scale not smaller than one inch equal to 100 feet showing the relationship of the site in question to the existing pattern of development;

D. Four copies of a survey of the site as required for Preliminary Development Plan approval if no survey of the Preliminary Development Plan has been previously approved;

E. Four copies and one sepia of a final subdivision plat record plan in the form required by the Subdivision Regulations for final plat submissions, and four copies of construction drawings showing the exact location, dimensions and type of all  major structures, utility lines, landscaping, private or public common open space, approved setback requirements, approved parking, loading, and trash disposal areas and other information as required by the City Engineer.

F. Deed restrictions, private covenants, agreements and all other legal statements to be used to control the use, construction and maintenance of common open space, recreational facilities, private streets and other such improvements within the development;

G. Any other such information determined necessary by the Commission; and

H. Final Plan Approval Process:  A hearing by the Commission is sufficient for PUD projects which have previously received rezoning and preliminary subdivision approval at the Preliminary Development Plan stage.  The commission may recommend disapproval or approval with or without amendments, conditions or restrictions.  The City Council shall approve such final plats by resolution.  Approval of the Final Development Plan shall constitute a final subdivision approval and shall follow all the procedural requirements for final plats required within the Subdivision Regulations.

I. Recording:  The developer shall submit the original drawing of the final plat and all required fees and bonds to the City within sixty days of council approval or the final approval is null and void.

The City shall record the plat with the County Recorder within ninety days of Council approval at the sub-divider's expense.

J. Adherence to Approved Plan and Modification Thereof: The applicant shall agree in writing to be bound, for himself and his successors in interest, by the conditions prescribed for approval of a development.  The approval of the Final Plan and stage development schedule shall control the issuance of all building permits and shall restrict the nature, location and design of all uses.  Minor changes in an approved preliminary or Final Development Plan may be approved by the Planning Commission if such changes are consistent with the purpose and general character of the development plan.  All other modifications, including extension or revisions of the staged development scheduled, shall be processed in the same manner as the original application and shall be subject to the same procedural requirements.

1.   Revocation:  In the event of a failure to comply with the approved plan or any prescribed condition of approval, including failure to comply with the staged development schedule, the Planning and Zoning Commission may, after notice and hearing, revoke a PUD permit.  The determination of the Commission shall become final thirty days after the date of decision.

K. Design Standards:

1.   The intent of the PUD regulations is to provide a means for applying comprehensive and flexible planning techniques on properties substantially sized to accommodate such a Plan.  PUD proposals should not be applied to small areas as a means of bypassing traditional district regulations.  The minimum project area required for a PUD is fifteen (15) acres.

2.   In calculating the minimum area for a PUD District, the measurements shall not include the area of any existing dedicated streets, alleys or public rights-of-way.

3.   Land Use Intensity: The maximum lot coverage for all buildings and structures shall be 50%.  The maximum lot coverage for buildings, structures and pavement shall be 80%.  The maximum floor area ratio (FAR) of specific uses shall not exceed the following uses:

a.   Industrial manufacturing, compounding or assembly of products, FAR .35.

b.   Wholesale and warehouse, FAR .50.

c.   Offices, research and development, schools, FAR .50.

d.   Retail, FAR .35.

e.   Financial services, health clubs, day-care, FAR .50.

f.   Other services, FAR .35.

g.   Motel or hotel, FAR .25.

h.   Public utility buildings, FAR .50.

4.   The minimum front yard setback requirement is fifty (50) feet from any private or public street. off-street automobile parking will be permitted within the 50 feet setback provided the parking is screened by plant material at a height of 3 feet.  The rear yard and side yard setbacks shall be a minimum of 15 feet.  The minimum setback requirements may be varied to allow greater flexibility in design subject to the approval of the Planning and Zoning Commission.  The minimum spacing between buildings shall not be less than fifty (50) feet.

5.   Maximum Height Requirements:  No structure shall exceed 5 stories or seventy feet in height, including the rooftop or penthouse mechanical structure.

6.   Perimeter Screening: When any PUD is located adjacent to any Residential District, a minimum width of twenty feet along the exterior property line shall be ¬landscaped and maintained with a dense planting of deciduous shrubs, trees and evergreens not less than four feet in height at the time of planting.  The Planning and Zoning Commission may approve the landscape plan or some other arrangement of plantings, mounds and/or walls if it determines that such an arrangement meets the intent of this requirement.

7.   Illumination: Illumination shall meet the applicable requirements of  Chapter 10.  Lighting fixtures shall be so installed as to reflect light away from adjoining properties.

8.   Off-Street Parking and Loading:  Off- street parking and loading shall meet the requirements of Chapter 10.

9.   Signs:  All signs shall be in accordance with the requirements of Chapter 10, local ordinances. The following signs are prohibited:  (Ord. No. 2575-OA 11/24/08)

a.   Signs projecting above any roof line of a building or structure.

b.   Signs painted on any wall.

c.   Signs using bare bulb lighting.

d.   Illuminated intermittent lighting or flashing effects.

e.   Rotating or revolving signs.

f.   Billboards or banner signs of any type.

g.   Reflecting signs that cause glare and visibility problems to adjoining property or vehicular traffic.

10.   Landscaping: All unpaved areas of a development area shall be landscaped or a bond or letter of credit submitted to guarantee installation of landscaping prior to occupancy of the principle building.  Sizes and types of vegetation shall be subject to Planning and zoning commission approval of a landscape plan.

11.   Security fencing shall not exceed a height of 10 feet, measured from the ground level.  Fencing shall not be installed in a front yard setback.  Materials shall not be of plastics or barbed wire.

12.  All above ground utilities shall be screened from street view(s) by landscaping and/or a wall.

13.   Trash receptacles and dumpster services area shall be screened from street view(s).

14.   The development of common abutting entrance drives, for automobile and truck traffic, for adjoining development sites is permitted to reduce the total number of curb cuts throughout the PUD District.  Also, curb cuts on the opposite sides of a street should be in direct alignment to the extent possible.

CHAPTER 9

HEIGHT, BULK, DENSITY AND AREA REGULATIONS

SECTION:

9-9-1: Schedule of Regulations
9-9-2: Averaged Lot Size
9-9-3: Subdivision Open Space Plan

9-9-1: SCHEDULE OF REGULATIONS:

 

        (Ord. No. 2543-OA 12-10-07)


 


FOOTNOTES TO SCHEDULE

(a) See Section 9-9-2 of this Chapter, "Averaged Lot Size", and Section 9-9-3 of this Chapter "Subdivision Open Space Plan", regarding flexibility allowances.

(b) For all uses permitted, other than single-family residential, the setback shall equal the height of the main building or the setback required in Section 9-4A-3 of this Title or this Section 9-9-1, whichever is greater.  In residential districts where lots border on a lake, river or canal, the established water or shoreline may be considered the front of such lots.

(c) In the case of a rear yard abutting a side yard, the side yard setback abutting a street shall not be less than the minimum front yard setback of the district in which located, and all regulations applicable to a front yard shall apply.

(d) The maximum units per acre shall be as follows:

RM-1 9 units per acre

RM-2 15 units per acre

RM-3 22 units per acre

(e) The minimum distance between buildings shall be no less than thirty feet (30’) in a RM-1 and Rm-2 Zoning District and no less than forty feet (40’) in a RM-3.

(f) Any side or rear yard for a principal use or a special use permitted in this District shall not be less than the height of the structure at the side or rear lot line.

(g) For each story in excess of two (2) stories, a side yard of two and one-half feet (2 1/2) for each additional story shall be provided in addition to the minimum fifteen foot (15') requirement.  The distance between buildings on the same lot shall be regulated by the building distance specified in paragraph (e) of these footnotes.

(h) In a block on one side of a street thirty percent (30%) or more occupied, the depth of the front yard shall not be less than and need not be more than the average depth of front yards of existing buildings.

(i) Parking shall be permitted in the front yard after approval of the parking plan layout and points of access by the Planning Commission or City Staff.  The setback shall be measured from the nearest side of the existing and/or proposed right-of-way lines, whichever is greater.  For new construction with twenty (20) or more parking spaces required, parking shall not be permitted in the minimum front yard setback (ten feet (10’0”)).

(j) A four foot six inch (4.6”) obscuring wall or fence or a ten-foot (10’) wide greenbelt shall be provided on those sides of the property abutting land zoned for residential use. The greenbelt planting plan shall be reviewed and approved by the Zoning Administrator in conformity with the requirements of Section 9-10-6 of this Title. 

(k) Parking shall be permitted in a required front yard if less than twenty (20) parking spaces are required.

(l) A four foot six inch (4'6") obscuring wall or fence or twenty foot (20') wide greenbelt or a six foot (6’) chain link fence and a heavily planted forty foot (40’) wide greenbelt shall be provided on those sides of the property abutting land zoned for residential use.  The planting plan shall be reviewed and approved by the Zoning Administrator in conformity with subsection 9-11-2B2b of this Title.

(m) In those instances where buildings on the same lot or parcel have a front-to-front, rear-to-rear, side-to-side or front-to-rear relationship between buildings, the following minimum spacing shall be thirty feet (30’) in a  RM-1, RM-2 and I-1 Zone and forty feet (40’) in a RM-3 and I-2 Zone.

(n) In those instances where lots of not more than fifty feet (50') in width exist in platted subdivisions, the side yard minimum setback may be ten feet (10') on each side of such lot.

(o) If the rear lot line abuts an R1, R2, R3, or R4 district, then the minimum rear yard setback shall be thirty-five feet (35').

(p) In a block on one side of a street thirty percent (30%) or more occupied, the depth of the rear yard shall not be less than and need not be more than the average depth of rear yards of existing buildings.


9-9-2: AVERAGED LOT SIZE:  The intent of this Section is to permit the subdivider or developer to vary his lot sizes and lot widths so as to average the minimum size of lot per unit as required in Section 9-9-1 of this Chapter for each one-family residential district.  If this option is selected, the following conditions shall be met:

A. In meeting the average minimum lot size, the subdivision shall be so designed as not to create lots having an area or width greater than ten percent (10%) below that area or width required in Section 9-9-1 hereof and shall not create an attendant increase in the number of lots.

B. Each final plat submitted as part of a preliminary plat shall average the minimum required for the district in which it is located.

C. All computations showing lot area and the average resulting through this technique shall be indicated on the print of the preliminary plat.

9-9-3: SUBDIVISION OPEN SPACE PLAN:

A. Intent:  The intent of the subdivision open space plan is to promote the following objectives:

1.   Provide a more desirable living environment by preserving the natural character of open fields, stands of trees, brooks, hills and similar natural assets.

2.   Encourage developers to use a more creative approach in the development of residential areas.

3.   Encourage a more efficient, aesthetic and desirable use of open area while recognizing a reduction in development costs and allowing the developer to bypass natural obstacles on the site.

4.   Encourage the provision of open space within reasonable distance to all lot development of the subdivision and to further encourage the development of recreational facilities.

B. Modifications to Standards:  Modifications to the standards as outlined in Section 9-9-1 of this Chapter may me made in the one-family residential districts when the following conditions are met:

1.   The lot area in all R-1, R-2 and R-3 Residential Districts which are served by a public sanitary sewer system may be reduced up to twenty percent (20%).  In the R-1 District, this reduction may be accomplished inn part by reducing lot widths up to ten feet (10').  In the R-2 and R-3 Districts, this reduction may be accomplished in part by reducing lot widths up to five feet (5').  These lot area reductions shall be permitted; provided, that the dwelling unit density shall be no greater than if the land area to be subdivided were developed in the minimum square foot lot areas as required for each one-family district under Section 9-9-1 of this Chapter.  All calculations shall be predicated upon the one-family districts having the following gross densities (including roads):

R-1 = 3.2 dwelling units per acre
R-2 = 3.6 dwelling units per acre
R-3 = 4.1 dwelling units per acre

2.   Rear yards may be reduced to thirty (30') feet when such lots border on land dedicated for park, recreation and/or open space purposes; provided, that the width of said dedicated land shall not be less than one hundred feet (100') measured at the point at which it abuts the rear yard of the adjacent lot.

3.   Under the provisions of subsection B1 above, for each square foot of land gained within a residential subdivision through the reduction of lot size below the minimum requirements as outlined in Section 9-9-1 hereof, at least equal amounts of land shall be dedicated to the common use of the lot owners of the subdivision in a manner approved by the City.

4.   The area to be dedicated for subdivision open space purposes shall in no instance be less than four (4) acres and shall be in a location and shape approved by the Planning Commission.

5.   The land area necessary to meet the minimum requirements of this Section shall not include bodies of water, swamps or land with excessive grades making it unsuitable for recreation.  All land dedicated shall be so graded and developed as to have natural drainage.  The entire area may, however, be located in a flood plain.

6.   This plan for reduced lot sizes shall be permitted only if it is mutually agreeable to the legislative body and the subdivider or developer.

7.   This plan for reduced lot sizes shall be started within six (6) months after having received approval of the final plat and must be completed in a reasonable time.  Failure to start within this period shall void all previous approval.

8.   Under this planned unit approach the developer or subdivider shall dedicate the total park area (see subsection B1 above) at the time of filing of the final plat on all or any portion of the plat. 
 
CHAPTER 10

GENERAL ZONING PROVISIONS

SECTION:

9-10- 1:  Interpretation
9-10- 2:  Scope of Regulations
9-10- 3:  Accessory Uses and Buildings
9-10- 4:  Uses not included in a Specific District
9-10- 5:  Performance Standards
9-10- 6:  Greenbelts and Plant Screens
9-10- 7:  Walls and Fences
9-10- 7-1: Walls
9-10- 7-2: Fences
9-10- 8:  Signs
9-10- 9:  Exterior Lighting
9-10-10: Residential Entranceway
9-10-11: Vision Obstruction
9-10-12: Lot Frontage and Access
9-10-13: Flood Control (All Districts)
9-10-14: Site Plan Review (All Districts)
9-10-15: Garage Sales

9-10-1: INTERPRETATION:

A. Minimum Requirements; Conflict With Existing Agreements: In the interpretation and application, the provisions of this Title shall be held to be minimum requirements adopted for the promotion of the public health, morals, safety, comfort, convenience or general welfare.  It is not intended by this Title to repeal, abrogate, annul or in any way to impair or interfere with any existing provision or law or ordinance other than this Title which is the Zoning Ordinance or with any rules, regulations or permits previously adopted or issued or which shall be adopted or issued pursuant to the law regulating the use of buildings or premises; provided, however, that where this Title imposes a greater restriction than is required by existing ordinances or by rules, regulations or permits, the provisions of this Title shall control.

B. Relationship with Other Laws: Whenever any provision of this Title imposes more stringent requirements, regulations, restrictions or limitations than are imposed or required by the provisions of any other law or ordinance, then the provisions of this Title shall govern.  Whenever the provisions of any other law or ordinance impose more stringent requirements than are imposed or required by this Title, then the provisions of such ordinance shall govern.

9-10-2:  SCOPE OF REGULATIONS:  No building or structure, or part thereof, shall hereafter be erected, constructed or altered and maintained, and no new use or change to any building, structure or land, or part thereof, shall be made or maintained except in conformity with the provisions of this Title.

9-10-3:  ACCESSORY USES AND BUILDINGS:  Accessory uses and buildings, except as otherwise permitted in this Title, shall be subject to the following regulations:

A. Where the accessory building is structurally attached to a main building, it shall be subject to, and must conform to, all regulations of this Title applicable to the main building.

B. Accessory buildings shall not be erected in any minimum side yard setback nor in any front yard.

C. An accessory building shall not occupy more than twenty five percent (25%) of a required rear yard; provided, that in a residential district, the accessory building shall not exceed the greater of five hundred (500 square feet or seventy-five percent (75%) of the ground floor area of the main building.

D. No detached accessory building shall be located closer than ten feet (10') to any main building nor shall it be located closer than three feet (3') to any side or rear lot line. EXCEPTION:  In a R-4 Zoning District any side or rear yard set back from the lot lines may be two feet (2’).

In those instances where the rear lot line is conterminous with an alley right of way, the accessory building shall not be closer than one foot (1') to such rear lot line.  In no instance shall an accessory building be located within a dedicated easement right of way.

E. Detached accessory buildings may go to the same height as the main building or structure on said property.

F. No garage that is an accessory building may be erected prior to obtaining an electrical permit for such garage.  The application for such electrical permit shall be submitted with the application for a building permit.

G. When an accessory building is located on a corner lot, the side lot line of which is substantially a continuation of the front lot line of the lot to its rear, said building shall not project beyond the front yard setback required on the lot to the rear of such corner lot.  In no instance shall an accessory building be located nearer than ten feet (10') to a street right-of-way line.

H. When an accessory building in any residence, business or office district is intended for other than the storage of private motor vehicles, the accessory use shall be subject to the approval of the Board of Appeals (See Section 9-12-1-2 of this Title).

I. Accessory uses, such as detached heating or cooling units, home television towers and similar accessory uses, shall be located only in the rear yard and shall meet all setback requirements of an accessory building.

9-10-4:  USES NOT INCLUDED IN A SPECIFIC DISTRICT:  Because the uses hereinafter referred to possess unique characteristics making it impractical to include them in a specific use district classification, they may be permitted by the Council under the conditions specified ad after public hearing and after a recommendation has been received from the Planning Commission.  In every case, the uses hereinafter referred to shall be specifically prohibited from any residential districts unless otherwise specified.

These uses require special consideration since they service an area larger than the City or require sizable land areas, creating problems of control with reference to abutting use district.  Reference to those uses falling specifically within the intent of this Section is as follows:

A. Outdoor Theaters:  Because outdoor theaters possess the unique characteristics of being used only after darkness and since they develop a concentration of vehicular traffic in terms of ingress ad egress from their parking area, they shall be permitted in I-2 Districts only.  Outdoor theaters shall further be subject to the following conditions.

1.   The proposed internal design shall receive approval from the Building Inspector and the City Engineer as to adequacy of drainage, lighting and other technical aspects.

2.   Outdoor theaters shall abut a major thoroughfare and points of ingress and egress shall be available only from such major thoroughfare.

3.   All vehicles standing or waiting to enter the facility shall be provided off-street waiting space.  No vehicle shall be permitted to wait or stand within a dedicated right of way.
 
4.   The area shall be so laid out as to prevent the movie screen from being viewed from residential areas or adjacent major thoroughfares.  All lighting used to illuminate the area shall be so installed as to be confined with, and directed onto, the premises of the outdoor theater site.

B. Mobile Home Parks:  Mobile home parks may be permitted in B-3 General Business Districts by the City Council, after having received the recommendation of the Planning Commission and after it finds the use as not being contrary to the spirit and purpose of this Title and subject further to the following requirements and conditions:

1.   The land parcel being proposed for a mobile home park shall be of such land area as to provide for a minimum of at least twenty five (25) mobile homes sites and shall not exceed a maximum of seventy five (75) sites.

2.   Mobile home sites shall contain a minimum area of at least three thousand (3,000) square feet.  All such mobile home site areas shall be computed exclusive of service drives, facilities and recreation space.

3.   All mobile home parks shall have access to major thoroughfares within the City by directly abutting thereon.  Frontage on said thoroughfare shall be equal to at least three hundred feet (300') in width.

4.   A wall or fence, four feet six inches (4'6") in height, shall be provided on all sides of the mobile home park with the exception of that portion providing ingress and egress to the site.

5.   An open area shall be provided on each mobile home lot to insure privacy, adequate natural light and ventilation to each home and to provide sufficient area for outdoor uses essential to the mobile home.  All lots shall contain a minimum area of at least three thousand (3,000) square feet.  All such trailer site areas shall be computed exclusive of service drives, facilities and recreation space.

6.   The sum of the side yards at the entry side and nonentity side of a mobile home stand shall be not less than twenty feet (20'); provided, however, there shall be a side yard of not less than fifteen feet (15') at the entry side of the mobile home stand and a side yard of not less than five feet (5') at the nonentity side of the mobile home stand.  There shall be a rear yard of not less than five feet (5') at the rear end of the stand and a front yard of not less than ten feet (10') at the front end of the mobile home stand.  For irregularly shaped side yards, the sum is determined as the sum of the average width of each side yard; provided, that required minimums above are maintained at all points in the side yard.

7.   No mobile home shall be located closer than fifty feet (50') to the right-of-way line of a major thoroughfare or twenty feet (20') to any mobile home park property line.

8.   No building or structure hereafter erected or altered in a mobile home park shall exceed one story or fourteen feet (14').

9.   All mobile home park developments shall further comply with all codes and ordinances of the City and the State of Illinois.

C. Racetracks (Including Midget Auto and Karting Tracks):  Because race tracks develop a concentration of vehicular traffic in terms of ingress and egress from their parking areas and cause noise levels which may project beyond the property so used, they shall be permitted in the I-1 Districts when located adjacent to a major thoroughfare and shall be located on a parcel of land which is abutting land zoned for industrial purposes on all sides of the parcel in question and shall be subject, further, to the following conditions and such other controls as deemed necessary to promote health, safety and general welfare in the City:

1.   All parking shall be provided as off-street parking within the boundaries of the development.

2.   All access to the parking areas shall be provided from a major thoroughfare.

3. All sides of the development not abutting a major thoroughfare shall be provided with a twenty-foot (20') greenbelt planting and fence or wall so as to obscure from view all activities within the development.  Said planting shall be in accord with Section 9-10-6 of this Chapter.

 F.   Farms on those parcels of land having an area of not less than one-hundred sixty (160) acres, all subject to the heath and sanitation provisions of the City, and provided further, farms, with said livestock being limited to a density of one (1) cattle per five (5) open, uncovered acres on a tract of land, and that no farms shall be operated as piggeries or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals. (Ord. No. 2542-OA 12-10-07)

9-10-5: PERFORMANCE STANDARDS:  No use otherwise allowed shall be permitted within any use district which does not conform to the following standards of use, occupancy and operation, which standards are hereby established as the minimum requirements to be maintained within said area:

A. Open Storage:  The open storage of any equipment and all materials, including wastes, shall be screened from abutting residential property by an enclosure consisting of an obscuring wall or fence not less than six feet (6') high or by a ten foot (10') wide greenbelt planting not less than six feet (6') high.  The obscuring fence may be eliminated where such fence will interfere with traffic movement on public streets or thoroughfares.

B. Glare and Radioactive Materials:

1.   Glare from any process (such as or similar to arc welding or acetylene torch cutting)  which emits harmful rays shall be performed in such a manner as not to extend beyond the property line and as not to create a public nuisance or hazard along lot lines.

2.   Radioactive materials and wastes, including electromagnetic radiation such as x-ray machine operation, shall not be emitted to exceed quantities established as safe by the U.S. Bureau of Standards when measured at the property line.

C. Noise:  Objectionable sounds of an intermittent nature shall be controlled so as not to become a nuisance to adjacent uses.

D. Fire and Explosive Hazards:

1.   The storage, utilization or manufacture of materials or products ranging from incombustible to moderate burning, as determined by the City Fire Chief, is permitted, subject to compliance with all other performance standards above mentioned.

2.   The storage, utilization or manufacture of materials, goods or products ranging from free or active burning to intense burning, as determined by the Fire Chief, is permitted, subject to compliance with all other yard requirements and performance standards previously mentioned and providing that the following conditions are met:
 
a.   Said materials or products shall be stored, utilized or produced within completely enclosed buildings or structures having incombustible exterior walls which meet the requirements of the Building Code of the City.

b.   All such buildings or structures shall be set back at least forty feet (40') from lot lines, and all such buildings or structures shall be protected throughout by an automatic sprinkler system complying with installation standards prescribed by the National Fire Association.

E. Grading:  Grading, as it relates to residential structures, shall be so developed as to drain surface water away from residential dwellings.  A minimum slope of one-fourth inch (1/4") in one foot (1') shall be provided.

9-10-6: GREENBELTS AND PLANT SCREENS:

A. Site Plan:  Whenever a greenbelt or planting screen is required under the provisions of this Title, a site of the parcel to be developed, together with a detailed planting plan of said greenbelt, shall be submitted to the Site Plan Review Committee for approval prior to the issuance of a building permit.  The site plan shall indicated, to scale, the proposed location and height of buildings and other structures, the location of public walks, roadways and utilities and the proposed location of off-street parking, loading, service and outside storage areas and points of ingress-egress to the site.  The planting plan shall indicate, to scale, the location, spacing, starting size and description for each unit of plant material proposed for use within the required greenbelt area, together with the finished grade elevations proposed therein.

The Site Plan Review Committee shall review said planting plan relative to:

1.  The proper spacing, placement and location of plant materials relative to the length and width of greenbelt so as to insure that the required horizontal and vertical obscuring effect of proposed land uses will be achieved.

2.  The choice and selection of plant materials so as to insure that the root system will not interfere with public utilities and that fruit and other debris (other than leaves) will not constitute a nuisance within public rights of way or to abutting property owners.

3.  The proposed relationship between deciduous and evergreen plant materials so as to insure that a maximum obscuring effect will be maintained throughout the various seasonal periods.

4.  The size of plant material (both starting and ultimate) to insure adequate maturity and optimum screening effect of proposed plant materials.

B. Landscaping Requirements & Standards:

 1. Applicability: The landscaping requirements as set forth shall apply to all zoning districts as specified herein including overlay districts.  All landscaping plans are subject to review, comment, and, where appropriate, modification by the Zoning Administrator, Site Plan Review Committee or Planning Commission.

 2. Performance Standards: All landscape plans shall fully meet the following performance standards in order to receive approval from the Site Plan Review Committee.

  1) Landscaping shall not hinder the vision of motorists and pedestrians necessary for safe movement into, out of, and within the site.

  2) Landscaping materials shall be selected and placed in such a manner that they do not interfere with or damage existing utilities.

  3) Landscaping materials shall be selected and placed so that the safe and enjoyable use of surrounding properties is not inhibited.

  4) Landscaping shall be selected and placed with a sensitivity toward the ultimate size that will be achieved over time.

  5) Landscaping with thorns, berries, and other harmful plant characteristics shall be carefully placed to avoid potential harm to people or property on or off-site.

  6) Weak wooded trees shall only be used where limb breakage will not cause harm to property or life.

3. Parking Lot Landscaping:

  1) When a parking lot has less than seventy-five (75) parking spaces, landscaping as required may be placed either within interior curbed parking islands and/or within ten (10) feet of the perimeter of the parking lot.

  2) When a parking lot has seventy-five (75) or more parking spaces, a portion of landscaping shall consist of shade trees or other vegetation, planted in curbed islands within the interior of the parking lot.  The intent of this provision is to break up large expanses of pavement and to provide shading by locating shade trees away from the perimeter and within the interior of parking lots.

   a) Parking lot islands shall be curbed with concrete or a functionally equivalent material that must be approved by the Zoning Administrator and/or Site Review Committee.
  
  3) The minimum area for planting any types of trees within parking lots shall not be less than one hundred (100) square feet.  Trees shall not be planted in any area with a width of less than five (5) feet.  Evergreen trees shall not be planted in an area with a width of less than ten (10) feet.  Shrubs shall not be planted in areas with a width of less than three (3) feet.  When plants are proposed to be planted within curbed islands or adjacent to curbs, the width of such planting areas shall be measured from inside of curbs.  The locations of the parking lot landscaping will be subject to review by the Site Review Committee or Planning Commission.  All plant materials shall be in compliance with Section VI, Item 2 of this title.

  4) All parking setback or perimeter areas with a width of less than five (5) feet shall consist of grass, earthen berms, plantings, trees, decorative rock or bark chips.

  5) All parking setback or perimeter areas with a width of five (5) feet or more and abutting public right-of-way shall have one (1) tree, 3" caliper, planted every twenty (20) to thirty (30) lineal feet of setback area in addition to grass, bushes, plantings, decorative rock or bark chips.

   a) The minimum spacing between trees shall be twenty (20) feet.

   b) Tree planting requirements may be satisfied by planting trees in the right-of-way with approval of the Planning Commission or City Site Review Committee.

   c) Alternate landscaping, including shrubs, may be substituted for tree planting requirements upon submission of a plan and approval by the Planning Commission, or by City Site Review Committee.

   d) Earthen berms shall be grass or wood chip covered and be a minimum of two and one-half feet (2 1/2') in height from surrounding grade. 

  6) For commercial off-street parking areas of seventy-five (75) spaces or more, a minimum of five percent (5%) of such gross parking area shall consist of interior landscaped islands.

   a) Each interior landscaped island shall have a minimum of one (1) tree in addition to grass, plantings, bushes, decorative rock, bark chips or mulch.

   b) The minimum dimensions of a landscaped interior island shall be ten (10) feet in width by ten (10) feet in length.

c) Such islands shall be evenly disbursed and placed to assist traffic flow within the parking area.

4. Transitional Buffer Requirement: All non-residential zoning lots which
abut, or, in the absence of an alley, would abut any residential zoning lot or district shall be required to provide a Transitional Buffer.  Multifamily zoning lots containing more than two dwelling units which abut, or, in the absence of an alley, would abut any single-family district are also required to provide a buffer.

  1) It is the responsibility of the property owner and/or tenant to ensure that buffering landscaping and trees are maintained in good condition as to present a healthy, neat, and orderly appearance.

a) Trees planted under this ordinance must be cultivated nursery stock with straight trunks not less than the heights outlined within Section VI, Item 2 of this title, with a minimum three inch (3") caliper.

b) Trees and landscaping shall be designed and placed to prevent damage by vehicles.

c) Trees and landscaping shall be replaced within no later than thirty (30) calendar days if damaged or removed.  Failure to do so will be considered a fineable offense under the City of Pekin Municipal Code. 

d) Trees shall be placed in such location and/or of a limited growth species so as to prevent interference with any existing or potential future overhead utility lines.

e) Any shrub treatment used for screening shall be in the form of a deciduous hedge, in a continuous alignment, spaced three (3) feet on center, with a height of three (3) feet at the time of planting.

f) Earthen berms used as buffers shall meet the same standards as for parking setback areas.

g) No traditional buffer area shall be less than eight (8) feet in width.

 h) In those cases where the residential zoning lot adjoining or across the alley from the subject non-residential zoning lot has been developed other than single or duplex residential, the Site Plan Review Committee or Planning Commission, shall have the authority to reduce the buffer requirements.  This authority may be exercised when the Site Plan Review Committee or Planning Commission determine that the proposed reduction will not have a negative impact on the subject residential lot.

5. Maintenance: It shall be the responsibility of the lessee an/or owner of the principal use, uses or building to maintain, in a neat, clean, and adequate manner, the parking area, access ways, striping, landscaping, setback area, buffer zones, berms, and/or required fences.  Failure to do so, and to remedy any perceived violations within thirty (30) calendar days of receipt of written notice from the City, shall be considered a fineable offense under the City of Pekin Municipal Code.

 1) The required greenbelt or planting screen shall be planted with permanent living plant materials within six (6) months from the date of occupancy and shall thereafter be maintained in presentable condition and shall be kept free from refuse and debris; provided further, that all plant materials shall be continuously maintained in a sound, healthy and vigorous growing condition and shall be kept free of all diseases and insect pests.
  
  2) All fences, walls and other barriers shall be maintained in good repair, meaning structurally sound and attractive in appearance.  All fences, required or otherwise, having exposed horizontal and vertical structural members of a fence, shall be located on the inside of the property that they are intended to fence.

6. Plant Materials:

   1) Plant Selection.

   Plant materials provided in conformance with the provisions of this Ordinance shall be capable of withstanding the extremes of individual site microclimates.

   2) Suggested Plant Materials.

EVERGREEN TREES:
Minimum five feet (5') in height

Juniper
Hemlock
Fir
Pine
Spruce
Douglas-Fir

NARROW EVERGREENS:
Minimum two feet (2') in height

Column Hinoke Cypress
Blue Columnar Chinese Juniper
Pyramidal Red-Cedar
Swiss Stone Pine
Irish Yew
Douglas Arbor Vitae
Columnar Giant Arbor Vitae

TREE LIKE SHRUBS:
Minimum four feet (4') in height

Mountain Ash
Dogwood
Redbud
Rose of Sharon
Hornbean
Magnolia

DECIDUOUS SHRUBS
Minimum of two feet (2’) in height

LARGE DECIDUOUS SHRUBS
Minimum six feet (6') in height

Honeysuckle
Virburnum
Mock-Orange
Ninebark Forsythia
Cottoneactes Lilac
Hazelnut
Euonymus
Privet
Buckthorn
Aumac

LARGE DECIDUOUS TREES
Minimum eight feet (8') in height

Oak
Hard Maple
Birch
Ginkgo
Beech
Sweet-Gum
Honey Locust
Linden
Hop Hornbeam
Red Bud
Ash
    
3. Prohibited Trees.

The following weak-wooded and generally undesirable trees, for urban conditions, shall be prohibited for use in meeting any of the requirements of this Ordinance.

Ailanthus (Tree of Heaven)
Box Elder
Mulberry
Poplar
Purple-leaf Plum
Siberian El
Silver maple
Willow
Hackberry
Sycamore

(See following page for Transition Details)

9-10-7: WALLS AND FENCES:

9-10-7-1: WALLS:

A. Required Walls:

1.   For those use districts and uses listed below, there shall be provided and maintained, on those sides abutting or adjacent to a residential district, an obscuring wall as required below (except otherwise required in subsection A4 hereof).

Use Requirements
P-1 Vehicular Parking District 4'6" high wall
Off-street parking area (other than P-1 Districts 4'6" high wall
B-1, B-2, B-3, and OS-1, Districts 4'6" high wall
I-1 and I-2 Districts-open storage areas, loading or unloading areas, service areas 4'6" to 8' high wall or fence (height shall provide the most complete obscuring possible.)  (See Section 9-7A-2, entry No. 6, which begins "Manufacture of buildings products," and subsection A4 of this Section)
Auto Wash, drive-in restaurants 6'0" high wall
Hospital - ambulance and delivery areas 6'0" high wall
Utility building, stations, and/or substations 6'0" high wall
 
2.   Required walls shall be located on the lot line except where underground utilities interfere and except in instances where this Title requires conformance with front yard setback lines in abutting residential districts.  Upon review of the site plan, the Planning Commission or the City staff may approve an alternate location for the wall or may waive the wall requirement if, in specific cases, it would not serve the purposes of screening the parking area effectively.  Required walls may, upon approval by City staff, be located on the opposite side of an alley right of way from a nonresidential zone that abuts a residential zone when mutually agreeable to affected property owners.  The continuity of the required wall on a given block will be a major consideration of the City staff.

3.   Such walls and screening barriers shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this Title and except such openings as may be approved by the Chief of Police and the Building Inspector.  All walls herein required shall be constructed of materials approved by the Building Inspector to be durable, weather resistant, rustproof and easily maintained, and wood or wood products shall be specifically excluded.

Masonry walls may be constructed with openings which do not in any square section (height and width) exceed twenty percent (20%) of the surface.  Where walls are so pierced, the openings shall be so spaced as to maintain the obscuring character required and shall not reduce the minimum height requirement.  The arrangement of the openings shall be reviewed and approved by the Building Inspector.

4.   The requirement for an obscuring wall between off-street parking areas, outdoor storage areas and any abutting residential district shall not be required when such areas are located more than two hundred feet (200') distant from such abutting residential district.

5.   The City staff may waive or modify the foregoing requirements where cause can be shown that no good purpose would be served; provided, that in no instance shall a required wall be permitted to be less than four feet six inches (4'6") in height, except where Section 9-10-11 of this Chapter applies.

In consideration of request to waive wall requirements between nonresidential and residential districts, the Planning Commission or City staff shall make the determination as to whether or not the residential district is considered to be an area in transition and will become nonresidential in the future.

In such cases as the Planning Commission or City staff determines the residential district to be a future nonresidential area, they can temporarily waive wall requirements for an initial period not to exceed twelve (12) months.  Granting of subsequent waivers shall be permitted; provided, that the Planning Commission or City staff make a determination as hereinabove described for each subsequent waiver prior to the granting of such waiver.


(See following page for Transition Details)
 
 
B. Required Berms:

1.   Required berms shall be constructed as landscaped earth mounds with a crest area at least four feet (4') in width.  The exterior face of the berm shall be constructed as an earthen slope.  The interior face of the berm may be constructed as an earthen slope or retained by means of a wall, terrace or other means acceptable to the Building Inspector.  Wherever an earthen slope is provided, it shall be constructed with an incline not to exceed one foot (1') of vertical rise to three feet (3') of horizontal distance.

2.   Berm slopes shall be protected from erosion by sodding or seeding.  If slopes are seeded, they shall be protected with a straw mulch held in place by jute netting until the seed germinates and a permanent lawn is established.  The straw mulch is not required if the seeded slope is protected by a net that is specifically designed to control erosion.  The berm area shall be kept free from refuse and debris and shall be planted with shrubs, trees or lawn and shall be maintained in a healthy, growing condition.

A planting plan and grading shall be prepared for the berm and shall be reviewed by the Planning Commission.  Plant materials within the berm area shall be installed in accordance with the requirements for greenbelts and plant materials contained herein (See Section 9-10-6 of this Chapter).

C. Prohibited Materials:  Walls and screening barriers shall not be constructed of sheet metal or of used materials and may be subject to the review by the Planning Commission as to the appropriateness of materials for such wall or screening at the discretion of the Building Inspector.

9-10-7-2:  FENCES:  Fences are permitted or required subject to the following:

A Height and Location:

1.   Fences on all lots of record in all districts which enclose property and/or are within a required side or rear yard shall not exceed six feet (6') in height, measured from the surface of the ground, and shall not extend toward the front of the house or the required minimum front yard, whichever is greater.  On corner lots, fences shall not extend toward the front or side yard facing the street nearer than the required minimum front yard setback on both the front and side yard. Exposed horizontal and vertical structural members of a fence shall be located on the inside of the property that they are intended to fence. 

2.   Fences which enclose public or institutional parks, playgrounds or public landscaped areas situated within an area developed with recorded lots shall not exceed eight feet (8') in height, measured from the surface of the ground, and shall not obstruct vision to an extent greater than twenty five percent (25%) of their total area.

3.   Ornamental fences not exceeding four feet (4') in height are permitted in both front yards; provided, the provisions of subsection C of this Section are complied with.

B. Barbed Wire, Razor Wire and Electric Fences (See also Section 4-2-6-9 of this Code):  Fences on lots of record shall not contain barbed wire, razor wire or electric current or charge of electricity, except that barbed wire which is located at least six (6) feet above ground level may be used in I-1, I-2 and PUD districts.

C. Vision Obstruction:  No fence, wall, shrubbery or other obstruction to vision above a height of thirty inches (30") from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of twenty five feet (25') from their point of intersection.

D. Compliance With Provisions:  Fences shall further comply with all applicable codes and ordinances of the City.

E. Exemptions:  Recorded lots having a lot area in excess of two (2) acres and a frontage of at least two hundred feet (200') and acreage or parcels not included within the boundaries of a recorded plat in all residential districts are excluded from these regulations.


(See following page for diagram)
 

9-10-8:  SIGNS:  The following conditions shall apply to all signs erected or located in any use district:

A. Conformance with Provisions:  All signs shall conform to all applicable codes and ordinances of the City and, where required, shall be approved by the Building Inspector and a permit issued.

B. Signs Permitted Generally:

1.   Directional Signs:  All directional signs required for the purpose of orientation, when established by the City, County, State or Federal government, shall be permitted in all use districts.

2.   Accessory Signs:  Accessory signs shall be permitted in any use district.

3.   Real Estate Signs:  Signs used for advertising land or buildings for rent, lease and/or sale shall be permitted when located on the land or building intended to be rented, leased and/or sold.

4.   Nonconforming signs in existence may be continued until replacement or repair of any portion of the sign would exceed 50% of the replacement cost. (Ord. No. 2618-OA-10/11-05/24/2010)

C. Signs For Which a Permit is not Required:  A permit is not required for the following signs:

1. Bulletin boards not over twenty (20) square feet in area for religious
institutions, when the same are located on the premises of said institutions; provided, however, if said signs are electrically illuminated, an electrical permit must be obtained (See Section 7-1D-4 of this Code).

2. Memorial signs or tablets, names of buildings and date of erection, when cut into any masonry surface or when constructed of bronze or aluminum.

3. Traffic or other Municipal signs, legal notices, danger and such temporary emergency or non-advertising signs as may be approved by the City.

4. Signs advertising the rental, sale or lease of the property upon which it is located.

5. Awnings or canopies, only within a B-2 Central Business District.  Provided further that the bottoms of valances of such awnings are no less than seven feet, six inches (7”6”) above the immediate grade and project no closer than eighteen inches (18”) from the nearest curb or pavement edge.  Canopy valance bottoms must be a minimum of eight feet (8’) above immediate grade and project no closer than two feet (2’) from the nearest curb or pavement edge.  Any awning with vertical support(s) reaching the ground shall be considered to be a canopy.

D. Projecting Signs:  No sign, otherwise permitted, shall project above or beyond the maximum height of fifty (50) feet above the ground level; except, that for a planned commercial or shopping center development involving five (5) acres or more under one ownership, the Board of Appeals may modify the height limitation.  The Board shall, however, respect all yards and setbacks in modifying height requirements.

E. Freestanding Accessory Signs:  Freestanding accessory signs may be located in the required front yard except as otherwise provided herein or as otherwise controlled by other codes and ordinances of the City.

F. Signs in or Abutting Residential Districts:

1.   Size:  No sign in excess of two (2) square feet in area shall be allowed in a residential district except temporary for sale, lease or rent signs, Garage Sale signs (as provided in this Section), and traffic controls, signs and devices.

2.   Illuminated Signs:  Illuminated signs in districts abutting residential districts shall be shielded so as to direct light away from residential districts.

4. Non-accessory Signs:  Non-accessory signs shall not be permitted in any residential districts; except, that non-accessory signs pertaining to Garage Sales signs are permitted as described in this section, and non-accessory signs pertaining to real estate development located within the City and designed to promote the sale of lots or homes within a subdivision located within the City may be permitted on a temporary basis in any use district but shall not be located upon subdivided land unless such land is part of the subdivision being advertised for sale and shall be subject to the requirements and conditions of all applicable codes and ordinances of the City, approved by the Building Inspector and temporary permit issued.

4. Signs advertising garage sales shall be subject to the following restrictions:

(a) Garage Sale signs shall not be larger than four (4) square feet per side.

(b) Garage Sale signs shall not be placed on trees or utility poles.

(c) A garage Sale sign may be in public right-of-way with the permission of the owner of the property abutting such right-of-way.

(d) A directional non-accessory Garage Sale sign may be placed on property other than the location of the Garage Sale only with the permission of the property owner.

(e) No more than three (3) signs advertising a Garage Sale may be displayed for any Garage Sale.

(f) No Garage Sale sign may be displayed more than one (1) day prior to the Garage Sale.  All Garage Sale signs must be removed prior to 8:00 p.m. of the last day of the Garage Sale.

(g) The violation of any provision of this Section of this Code shall be punishable by a fine of twenty-five dollars ($25.00).  Each day that any violation of any provision of this section of this Code continues shall constitute a separate offense.  In addition to such fine, the City may remove any signs in violation of this Section of this Code.

G. Permanent Signs – Restrictions (Business, Industrial, and PUD Zones)

1. Bottom Clearance.  There shall be a clean space of not less than seven (7) feet between the lowest part of a sign and the ground or surface.

2. Maximum Size Sign: The maximum size of a sign shall be determined by location of the structure and structure frontage.  In general, the maximum size for one sign shall be determined by the following:  2 square foot of sign per 1 lineal foot of building frontage or 120 square feet whichever is larger. 

Example:  Building front covers 150 feet; therefore, the largest sign allowed would be 300 square feet.  A building that has only 50 feet would be allowed a sign of 120 square feet.

3. Amount of Signage Allowable: A facility shall not have more sign coverage that exceeds the total of more than 3 square feet per 1 lineal foot of building frontage for buildings having frontage of 100 linear feet or larger.  Buildings less than 100 lineal feet shall have a maximum of 120 square feet.

Example:  Building front covers 150 feet; therefore, the cumulative total of signage allowed would be 450 square feet.  A building that has only 35 feet would still be allowed only a total of 120 square feet.
 
4. Building Location Determinations:  Buildings on corner lots or in large complexes where access to the structure or business is available on more than one side shall be considered to have more than one building front for purposes of calculating the amount of signage allowed.  Calculations for signage will be determined by counting each side as a separate frontage.
(Ord. No. 2392-OA 10/25/04)

5. Non-accessory signs are permitted in the P.U.D. by special-use only. (Ord. No. 2575-OA 11/24/08)

6. Billboards are allowed in the Industrial zones with a site plan approved by staff.
  (Ord. No. 2575-OA 11/24/08)

7. Signs, awnings or canopies, only within a B-2 Central Business District. Provided further that the bottoms of signs and valances of any awnings or canopies are no less than eight feet (8’) above immediate grade and project no closer than two feet (2’) from the nearest curb or pavement edge.  (Ord. No. 2590-OA-09/10 07/27/09)

H. Portable Sign:

1. Definition, A portable sign is any sign that is not permanently anchored to a building, or to a structure, or permanently anchored in the ground and set in concrete to withstand seventy (70) mile per hour winds.  Banners are portable signs.

2. Permits: No portable signs shall be displayed without a permit; provided however, that the following shall not require a permit:

(a) any banner thirty-two (32) square feet in area or less, per side; and

(b) all other portable signs twelve (12) square feet in area or less, per side.

3. Duration: portable signs shall be licensed as temporary signs for periods not to exceed twenty-one (21) days.  Each property is limited to six (6) portable sign permits within a calendar year.  The effective date of a permit must be at least thirty days after the expiration of the most recent prior permit.

4. Size Limitation:

(a) Portable signs shall not exceed thirty-two (32) square feet in area per side.

(b) Signs advertising for or promoting the candidacy of a person(s) for elected public governmental office.  Provided however, that such signs not exceed twelve (12) square feet in area per side. (Ord. No. 2636-OA-10/11 2-28-11)

5. Safety: Portable signs shall meet the following safety standards:

(a) A portable sign shall not obstruct parking places or automobile or pedestrian travel lanes;

(b) A portable sign shall not be located so as to obstruct traffic vision;

(c) Any lighting of a portable sign must be of a type that cannot be confused with traffic controls and will not cause vehicle drivers to be distracted.

(d) Any electrical connections shall be in accordance with all City Codes and shall not be exposed in any way which will constitute a safety hazard.

6. Fees: The fee for each portable sign permit shall be twenty dollars ($20.00).  The fee will be waived if the portable sign is to be used for non-commercial, not-for-profit use.

7. Seasonal Businesses; A seasonal business may obtain a permit for a portable sign for a fee of $30.00 dollars per month, with a limit of four (4) permits per calendar year.

8. Portable sign into a Permanent Sign: A portable sign on a frame with wheels may be turned into a permanent sign if the following conditions are met:

(a) The wheels and frame are removed.

(b) The sign shall be placed in a permanent concrete base to withstand seventy (70) M.P.H. winds, and cannot be moved.

(c) Connections to an energy source for lighting shall be in accord with all City and National Codes.

9. Portable Signs Within Residential Districts: The following types of portable signs shall be permitted within a residential district.  Except as listed and exempted below, portable signs shall be prohibited within a residential district.

(a) Signs advertising the rental, sale or lease of the property upon which the sign is located.  Provided however, that such sign is not more than twelve (12) square feet in area per side and that it be removed from the subject lot within not more than fifteen (15) days following the sale, lease or rent of the subject property.

Notwithstanding the provisions of 9-10-8 H of this Code, an “Open House” sign relating to real estate sale/lease, not more than nine (9) square feet in area per side, may be placed,

(i) for directional signs, from Friday noon until the following Sunday at 6:00 P.M.

(A) in the public right-of-way with the permission of the owner of the property abutting the right-of-way

(B) on private property with the permission of the property owner; and,

(ii) for non-directional signs, one “open house” sign (in addition to any permitted “for sale” signs) at any time on the property (but not in the public right of way) which is for sale and the subject of the “open house”

(b) Signs placed by individuals or by not for profit organizations entirely for not for profit purposes.  Such signs shall however be subject to the permitting and duration requirements as stated within this section.

(c) Signs advertising for, or promoting the candidacy of a person(s) for elected public governmental office.  Provided however, that such signs not exceed twelve (12) square feet in area per side. (Ord. No. 2636-OA-10/11 02-28-11) 

I. Prohibitions and Restrictions:  The following signs are prohibited within the City:

1.   Signs or banners placed across any public right of way except by permission of the City Council.

2.   Displays upon any sign or other advertising structure of any obscene, indecent or immoral matter.

3.   String lights used in connection with business premises for commercial purposes, other than Christmas decorations.

4.   Any sign unlawfully installed, erected or maintained.

5.   Business signs on trees or utility poles, whether public or private.

6.   Signs erected or placed in the public right of way.  The City may remove such signs, and the cost incurred shall be recoverable from the owner of the sign.  A Ten dollar ($10.00) per sign fee, to cover the resources of the City involved in the removal of the sign, shall be recoverable for each sign, from the owner of the sign.  Any sign not claimed in thirty (30) days shall be destroyed.  (Ord. No. 2501-OA –06/07  11/17/06)

J. Revocation of Sign Permit:  All rights and privileges accrued under the provisions of this Title or any amendment hereto are mere licenses and may be revoked upon the violation of any of the conditions contained herein.  If the work authorized under an erection permit has not been completed within six (6) months after date of issuance, said permit shall become null and void.

9-10-9:  EXTERIOR LIGHTING:

A. All outdoor lighting in all use districts used to light the general area of a specific site shall be shielded to reduce glare and shall be so arranged as to reflect lights away from all adjacent residential districts or adjacent residences.

B. All outdoor lighting in all use districts shall be directed toward and confined to the ground areas of lawns or parking lots.

1. String lights used in connection with business premises for commercial purposes, must be installed and maintained in compliance to the most current adopted building and electrical codes. (Ord. No. 2590-OA-09/10 07/27/09)

C. All lighting in nonresidential districts used for the external illumination of buildings, so as to feature said buildings, shall be placed and shielded so as not to interfere with the vision of persons on adjacent highways or adjacent property.

D. Illumination of signs shall be directed or shaded downward so as not to interfere with the vision of persons on the adjacent highways or adjacent property.

E. Regulations for Electronic Multiple Message Signs & Exterior Lighting

These regulations shall apply to all zoning districts unless otherwise specified.

1. Length of display or dwell time for electronic multiple message signs shall be permitted to change their message no more than once per every ten seconds.

2. Transitions between content and messages shall not be more then three seconds between displayed messages.

3. Automatic dimming must be maintained by light sensing devices or a scheduled dimming timer that automatically dims the intensity of the light emitted by the sign during ambient low-light and nighttime hours not to exceed 500 nits of intensity and during daytime hours not to exceed 5000 nits of intensity. 

4. Multiple message signs must contain a default design that will freeze the message in one position if a malfunction occurs.

5. Spacing between signs shall not be closer than 1000 feet in all Industrial zoning districts.

6. Location of multiple message signs must not be adjacent to official traffic control signs that could confuse the motoring public.

7. Maintenance of multiple message signs shall include replacement of bulbs, LEDs, pixels and shall be in working and properly illuminating condition at all times(Ord. No. 2618-OA-10/11 5/24/2010)

9-10-10:  RESIDENTIAL ENTRANCEWAY:  In all residential districts, so-called entranceway structures including, but not limited to, walls, columns and gates marking entrances to single-family subdivisions or multiple housing projects may be permitted and may be located in a required yard, except as provided in Section 9-10-11 of this Chapter, "Vision Obstruction"; provided, that such entranceway structures shall comply to all codes of the City and shall be approved by the Building Department and a permit issued.

9-10-11:  VISION OBSTRUCTION:  No fence, wall, shrubbery, sign or other obstruction to vision above a height or thirty inches (30") from the established street grades shall be permitted within the triangular area formed at the intersection of any street right-of-way lines by a straight line drawn between said right-of-way lines at a distance along each line of twenty five feet (25') from their point of intersection nor shall such obstruction to vision be permitted at the intersection of any driveway or alley and a street right-of-way line within a triangular area formed at such intersection by a straight line drawn between the driveway or alley line and the street right-of-way line at as distance along each line of fifteen feet (15') setback shall be required between the property line and the driveway or alley.

(See following page for diagram)
 

9-10-12: LOT FRONTAGE AND ACCESS:

A. Frontage on a Public Street:  No lot shall be used for any purpose permitted by this Title unless said lot abuts a public street, unless otherwise provided for in this Title.

B. Individual access points, particularly residential, onto arterial and primary collector streets shall be discouraged unless found not to be feasible.  Whenever feasible, joint access points serving abutting properties or frontage roads serving multiple properties shall be provided onto arterial or primary collector streets.

9-10-13:  FLOOD CONTROL (ALL DISTRICTS):  See Title 7, Chapter 5 of this Code.
 
9-10-14:  SITE PLAN REVIEW (ALL DISTRICTS): (See also Section 9-12-4 of this Title)

A. Submission:  A site plan shall be submitted to the Planning Commission for approval of:

1.   Any use or development for which the submission of a site plan is required by any provision of this Title.

2.   Any development, except single-family and two-family residential, for which off-street parking areas are provided as required in Article B of this Chapter.

3.   Any use in an RM-1, RM-2, RM-3, OS-1, B-1, B-2, B-3, I-1 or I-2 District lying contiguous to or across a street from a single-family residential district.

4.   Any use, except single- or two-family residential, which lies contiguous to a major thoroughfare or collector street.

5.   All residentially-related uses permitted in single-family districts such as, but not limited to churches, schools and public facilities.

6.   Building additions or accessory buildings shall not require Planning Commission review unless off-street parking in addition to that already provided on the site is required.

7.   All site plans for other than RM uses as required to be reviewed in subsection A1, A2, A3 and A4 above shall be reviewed by the Building Department and shall not require Planning Commission review unless such use requires review as in a special use or is specifically referred to the Planning Commission for review by the Building Department or the City Council.

8. When site plans are submitted to the City of Pekin indicating a development containing office space, business or an industrial use which will not require Pekin Planning Commission review, and will abut single family or duplex residential uses, the property owners within one hundred fifty (150) feet of the lot or parcel that is proposed to be developed, shall receive individual notification of the site plan submittal and of their opportunity to meet with City Staff for discussion of the proposed site plan.  Such notice shall be by direct mail.  Additionally, a non-legal section notice shall be placed in a newspaper of general circulation, a minimum of three (3) days prior to the scheduled meeting date.  Upon the submission of such site plan, the owner shall pay a filing and review fee of $85.00.

The appropriate City Staff, as well as at least one City Council member shall then meet with all interested property owners in the affected area or community at large, in order to discuss the proposed development and review the site plan.  The minutes of the meeting shall be recorded and copies to the City Clerk, City Manager, Mayor and all City  Council Members.

B. Review:  Every site plan submitted to the Planning Commission shall be in accordance with the requirements of this Title.  No site plan shall be approved until same has been reviewed by the Building Department and by the Fire Department.  Review of site plans by the Fire Department shall include such recommendations with regard to building spacing as may be required by the Building Code relative to fire-resistant construction.  Such review by the Building Department and Fire Department shall be made prior to submitting such plans to the Planning Commission.

C. Required Information:  In addition to the information required for the City Staff Checklist the following information shall be included on the site plan:

1.   A scale of not less than one inch equals fifty feet (1" = 50') if the subject property is less than three (3) acres and one inch equals one hundred feet (1" = 100') if three (3) acres or more.

2.   Date, north point and scale.

3.   The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties.

4.   The location of all existing and proposed structures on the subject property and all structures within one hundred feet (100') of the subject property.

5.   The location of all existing and proposed drives and parking areas.

6.   The location and right-of-way widths of all abutting streets and alleys.

7.   The names, addresses, and phone numbers of the architect, planner, designer, engineer or person responsible for the preparation of the site plan.

D. Consideration:  In the process of reviewing the site plan, the Planning Commission, Building Department, Fire Department and Public Works Department will consider:

1.   The location and design of driveways providing vehicular ingress to and egress from the site in relation to streets giving access to the site and in relation to pedestrian traffic.

2.   The traffic circulation features within the site and location of automobile parking areas and may make such requirements with respect to any matters as will assure:

a.   Safety and convenience of both vehicular and pedestrian traffic both within the site and in relation to access streets.

b.   Satisfactory and harmonious relationships between the development on the site and the existing and prospective development of contiguous land and adjacent neighborhoods.

3.   The Planning Commission, Building Department, Fire Department, and Public Works Department, may further require landscaping, fences and walls in pursuance of these objectives and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.

4. In those instances wherein the Planning Commission, Building Department, Fire Department and Public Works Department finds that an excessive number of ingress and/or egress points may occur with relation to major or any thoroughfares, thereby diminishing the carrying capacity of the thoroughfare, the Planning Commission may recommend marginal access drives.  For a narrow frontage which will require a single outlet, the Planning Commission may recommend that money or suitable bond be placed in escrow with the City so as to provide for a marginal service drive equal in length to the frontage of the property involved.  Occupancy permits shall not be issued until the improvement is physically provided or monies or suitable bond have been deposited with the Code Enforcement Officer for such improvement.
 
9-10-15:  GARAGE SALES:  No person or other entity may operate, conduct, manage or permit a Garage Sale upon his or its premises or other property under his or its control more often than four (times per calendar year.  No garage sale may be continued for more that three (3) consecutive days.  No Garage Sale may be conducted before 7:00 a.m. or after 7:00 p.m.

CHAPTER 10

GENERAL ZONING PROVISIONS

ARTICLE A.  NONCONFORMING LOTS, USES AND STRUCTURES

SECTION:

9-10A-1: Intent and Scope
9-10A-2: Nonconforming Lots
9-10A-3: Nonconforming Uses of Land
9-10A-4: Nonconforming Structures
9-10A-5: Nonconforming Uses of Structures and Land
9-10A-6: Repairs and Maintenance
9-10A-7: Uses as Exceptions
9-10A-8: Change of Tenancy or Ownership

9-10A-1:  INTENT AND SCOPE:  It is the intent of this Title to permit legal nonconforming lots, structures or uses to continue until they are removed but not to encourage their survival.

It is recognized that there exists within the districts established by this Title and subsequent amendments, lots, structures and uses of land and structures which were lawful before the effective date of adoption hereof or amendment hereto which would be prohibited, regulated or restricted under the terms of this Title or future amendments.  Such uses are declared by this Title to be incompatible with permitted uses in the districts involved.  It is further the intent of this Title that nonconformities shall not be enlarged upon, expanded or extended nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after the effective date hereof by attachment on a building or premises of additional signs intended to be seen from off the premises or by addition of other uses of a nature which would not be permitted generally in the district involved.

To avoid undue hardship, nothing in this Title shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment hereof and upon which actual building construction has been diligently carried on.  Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except, that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction; provided, that work shall be diligently carried on until completion of the building involved.

9-10A-2:  NONCONFORMING LOTS:  In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Title, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Title.  This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided, that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.  Yard requirement variances may be obtained through approval of the Board of Appeals (See Section 9-12-1-2 of this Title).

9-10A-3:  NONCONFORMING USES OF LAND:  Where, at the effective date of adoption or amendment of this Title, lawful use of land exists that is made no longer permissible under the terms of this Title as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A. No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Title.

B. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Title.

C. If such nonconforming use of land ceases for any reason for a period of more than one hundred eighty (180) days, any subsequent use of such land shall conform to the regulations specified by this Title for the district in which such land is located.

D. If such nonconforming use is a single mobile home or Mobile Home Park, and if one or more mobile homes are removed from the lot or parcel occupied by such single mobile home or mobile home park, then such removed mobile home(s) may be replaced with another mobile home only if all of the following conditions are satisfied:

1. The lot or parcel is in a B-3 zoning district.

2. The lot or parcel on which the new mobile home is placed contains a minimum area of at least three thousand (3,000) square feet.  The size of the lot or parcel shall be computed exclusive of drives or service drives, facilities and recreation space and meeting or assembly building or grounds.

3. The placement of the new mobile home on the lot or parcel shall meet the following setbacks:

a) Front yard shall be 15’0”

b) Side yards shall be 5’0” minimum with total of 15’0”

c) Rear yard shall be 15’0”

4. The new mobile home shall not exceed one story or (14) fourteen feet in height

9-10A-4:  NONCONFORMING STRUCTURES:  Where a lawful structure exists at the effective date of adoption or amendment of this Title that could not be built under the terms of this Title by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

A. No such structure may be enlarged or altered in a way which increases its nonconformity.  Such structures may be enlarged or altered in a way which does not increase its nonconformity.

B. Should such structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this Title.

C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.

9-10A-5:  NONCONFORMING USES OF STRUCTURES AND LAND:  If a lawful use of a structure or of structure and land in combination exists at the effective date of adoption or amendment of this Title that would not be permitted in the district under the terms of this Title, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A. No existing structure devoted to a use not permitted by this Title in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.  Except reconstruction may be done where the nonconforming use and structure is a single family residential use and structure, which was lawful at the time of construction but is now nonconforming as a result of a zoning classification subsequently adopted, whereby the area was changed to a business class and whereby the area or sub-portion of the changed area remains substantially residential, and where the property is a part of a multiple grouping of lots. (Ord. No. 2455-OA 01-09-06

B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use and which existed at the time of adoption or amendment of this Title, but no such use shall be extended to occupy any land outside such building.

C. If no structural alterations are made, any nonconforming use of a structure or structure and land in combination may be changed to another nonconforming use of the same or a more restricted classification; provided, that the Board of Appeals (See Section 9-12-1-2 of this Title), either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.  In permitting such change, the Board of Appeals (See Section 9-12-1-2 of this Title) may require conditions and safeguards in accord with the purpose and intent of the Title.  Where a nonconforming use of a structure, land or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

D. Any structure or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

E. When a nonconforming use of a structure or structure and land in combination discontinues operation as constituted upon the effective date hereof or as allowed as a change in nonconforming use as provided for in subsection C of this Section a period of six (6) consecutive months, the structure or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located.  The Board of Appeals (See Section 9-12-1-2 of this Title) may, however, allow a new nonconforming use of the premises; provided, a more appropriate use than the use last made of the property is proposed, and provided appropriate improvements are made, as specified by the Board of Appeals, to assure the protection of property values in the abutting neighborhood.

F. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. 

9-10A-6:  REPAIRS AND MAINTENANCE:  On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding fifty percent (50%) of the assessed value of the building; provided, that the cubic content of the building as it existed at the time of passage or amendment of this Title shall not be increased.

Nothing in this Title shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

9-10A-7:  USES AS EXCEPTIONS:  Any use for which a special exception is permitted, as provided in this Title shall not be deemed a nonconforming use but shall, without further action, be deemed a conforming use in such district.

9-10A-8:  CHANGE OF TENANCY OR OWNERSHIP:  There may be a change of tenancy, ownership or management of any existing nonconforming uses of land or structures and land in combination.
 
CHAPTER 10

GENERAL ZONING PROVISIONS

ARTICLE B.  OFF-STREET PARKING AND LOADING

SECTION:

9-10B-1: Off-Street Parking Regulations and Requirements
9-10B-1-1: General Requirements
9-10B-1-2: Design, Development and Maintenance
9-10B-1-3: Parking Spaces for Handicapped Persons
9-10B-1-4: Schedule of Parking Requirements
9-10B-2: Off-Street Loading Regulations and Requirements

9-10B-1:  OFF-STREET PARKING REGULATIONS AND REQUIREMENTS:

9-10B-1-1:  GENERAL REQUIREMENTS:  There shall be provided in all districts, at the time of erection or enlargement of any main building or structure, automobile off-street parking space with adequate access to all spaces.  The number of off-street parking spaces, in conjunction with all land or building uses shall be provided prior to the issuance of a certificate of occupancy as hereinafter prescribed:

A. Use of Parking Facilities:

1.   Any area once designed as required off-street parking shall never be changed to any other use unless and until equal facilities are provided elsewhere.

2.   For those uses not specifically mentioned, the requirements for off-street parking facilities shall be in accord with a use which the Planning Commission considers is similar in type.

3.   The storage of merchandise, motor vehicles for sale, trucks or the repair of vehicles is prohibited.

B. Location:

1.   Generally:  Off-street parking spaces may be located within a rear yard when there is alley access to the property or a paved parking bay, paved driveway or garage in the rear yard or within a side yard which is in excess of the minimum side yard setback unless otherwise provided in this Title.  Off-street parking shall not be permitted within a front yard setback or within a minimum side yard setback unless otherwise provided in this Title. (edit 08-01-12)

2.   Nonresidential Use:  Off-street parking for other than residential use shall be either on the same lot or within three hundred feet (300') of the building it is intended to serve, measured from the nearest point of the building to the nearest point of the off-street parking lot.  Ownership of all lots or parcels intended for use as parking by the applicant shall be shown.

3. Residential Use:  Required residential off-street parking spaces shall consist of a parking strip, parking bay, driveway, garage or combination thereof and shall be located on the premises they are intended to serve, and subject to the provisions of Section 9-10-3 of this Chapter "Accessory Uses and Buildings".
   
a. No person shall park or leave unattended, or cause to leave parked or unattended, any vehicle, wholly or partially within any front, side or rear yard of any residential district unless such vehicle is wholly within a driveway or parking area.

b. Parking a boat, boat trailer, camping trailer, motorcycle trailer, truck camper, construction trailer, commercial equipment, commercial vehicles or motor homes in any front yard in all residential districts is prohibited.

c. Driveway areas used as means of ingress and egress of any residential lot, shall not exceed twenty four feet (24’) in width at the street right-of-way line, not including driveway flares.

d. Driveways along with any parking area in the front yard, shall not occupy over forty-five percent (45%) of the total front yard width of the lot in all R-4 residential zoning districts and thirty-five (35%) in all other residential zoning districts.

e. A driveway and/or parking area must be an improved surface constructed of a hard surface of concrete, asphalt or brink paver's for the purpose of accommodating vehicular parking.

f. Improved areas and any parking areas shall not occupy more than thirty percent (30%) of the combination of any required side and/or rear yards in all residential zoning districts.

g. The construction of new or expansion of existing gravel, or similar materials for driveways and/or parking area are not permitted from the time of approval of the ordinance.

h. Expanding existing driveways or parking areas shall be contiguous and parallel to the driveway, shall not take away from the landscaping required for any front yard and shall not cause and additional storm-water runoff to be forced onto the City right-of-way.
 (Ord. No. 2532-OA-07/08 01/24/08)

4. In a residential district no vehicle may be displayed for sale except as follows:

a. only one vehicle may be displayed at any one time

b. no more than two vehicles may be displayed on any property during any calendar year;

c. any vehicle displayed for sale must be owned by the owner or possessor of the property on which the vehicle is displayed;

d. any vehicle displayed for sale must be parked on a hard surface, have a current license and be operable.

C. Joint Parking Facilities:  Two (2) or more buildings or uses may collectively provide the required off-street parking; in which case, the required number of parking spaces shall not be less than the sum of the requirements for the several individual uses computed separately.

In the instance of dual function of off-street parking spaces where operating hours of buildings do not overlap, the Board of Appeals (See Section 9-12-1-2 of this Title) may grant an exception.

D. Existing Parking Facilities:  Off-street parking existing at the effective date hereof in connection with the operation of an existing building or use shall not be reduced to an amount less than hereinafter required for a similar new building or new use.

E. Computation of Required Spaces:  When units or measurements determining the number of required parking spaces result in the requirement of a fractional space, any fraction up to and including one-half (1/2) shall be disregarded and fractions over one-half (1/2) shall require one parking space.

For the purpose of computing the number of parking spaces required, shall be computed on the total usable space and occupancy load.

The requirements of Section 9-10B-1-3 hereof may be reduced by one-half (1/2) the minimum required spaces for those uses within the B-2 Central Business District.  For those buildings existing within the B-2 District, no additional parking space need be provided when remodeling or rebuilding of structures is proposed, provided the floor area of existing structures on such site is not increased in the remodeling or rebuilding undertaken.  Where floor area is increased, when modifying structures into loft apartments on the stories above the first floor parking spaces shall be provided for such increased floor area in accord with the provisions of this Title.  (Ord. No. 2584-OA 09/10 5/26/09)

F. Surfacing of parking area and driveway:  All driveways in the entire parking area, including parking spaces and maneuvering lanes, required under this Section, shall be provided with asphalt or concrete surfacing in accordance with specifications approved by the City Engineer.

G. In publicly owned parks and publicly owned recreational facilities, the entire parking areas, including parking spaces and maneuvering lanes, required under this Section, shall be provided with sealcoat surfacing in accordance with specifications approved by the City Engineer. However, as required elsewhere by this Ordinance, approaches from the public street to the property line (i.e end of the public right of way) shall be concrete.

9-10B-1-2:   DESIGN, DEVELOPMENT AND MAINTENANCE:  Whenever the off-street parking requirements in Section
9-10B-1-4 require the building of an off-street parking facility or where the P-1 Vehicular Parking Districts (See Chapter 8 of this Title) are provided, such off-street parking lots shall be laid out, constructed and maintained in accordance with the following standards and regulations:

A. Permit Required; Site Plans:  No parking lot shall be constructed unless and until a permit therefor is issued by the Building Inspector.  Applications for a permit shall be submitted to the Building Department and shall be accompanied with two (2) sets of site plans for the development and construction of the parking lot showing that the provisions of this Section will be fully complied with.

B. Minimum Requirements:  Plans for the layout of off-street parking facilities shall be in accord with the following minimum requirements:

Parking Pattern Maneuvering Lane Width Parking Space Width Parking Space Width Total Width of One Tier of Spaces Plus Maneuvering Lane Total Width of Two Tiers of Spaces Plus Maneuvering Lane
0„a (parallel parking) 12 ft. 8 ft. 23 ft. 20 ft. 28 ft.
30„a to 53„a 12 ft. 8 ft. 6 in. 20 ft. 32 ft. 52 ft.
54„a to 74„a 15 ft. 8 ft. 6 in. 20 ft. 36 ft. 6 in. 58 ft.
75„a to 90„a 20 ft. 9 ft. 20 ft. 40 ft. 60 ft.
                                                              
C. Access, Entrances and Exists:

1.   All spaces shall be provided adequate access by means of maneuvering lanes.  Backing directly onto a street shall be prohibited.

2.   Adequate ingress and egress to the parking lot by means of clearly limited and defined drives shall be provided for all vehicles.

3.   All maneuvering lane widths shall permit one-way traffic movement; except, that the ninety degree (90 ) pattern may permit two-way movement.

4.   Each entrance and exit to and from any off-street parking lot located in a an area zoned for other than single-family residential use shall be at least twenty five feet (25') distant from adjacent property located in any single-family residential district.

D. Walls:

1.   That portion of any off-street parking area which is contiguous to or faces a residential district shall be provided with a continuous and obscuring wall not less than four feet six inches (4'6") in height measured from the surface of the parking area.

2.   In all cases where a wall extends to an alley which is a means of ingress and egress to an off-street parking area, it shall be permissible to end the wall not more than ten feet (10') from such alley line in order to permit a wider means of access to the parking area.

E. Landscaping; Removal of Refuse:  When a front yard setback is required, all land between said wall and front property line or street right-of-way line shall be kept free from refuse and debris and shall be landscaped with deciduous shrubs, evergreen material and ornamental trees.  The ground area shall be planted and kept in lawn.  All such landscaping and planting shall be maintained in a healthy, growing condition, neat and orderly in appearance.

F. Surfacing:  The entire parking area, including parking spaces and maneuvering lanes, required under this Section, shall be provided with asphaltic or concrete surfacing in accordance with specifications approved by the City Engineer.  The parking area shall be surfaced within six (6) months of the date that the occupancy permit is issued.

G. Drainage:  Off-street parking areas shall be drained so as to dispose of all surface water accumulated in the parking area in such a way as to preclude drainage of water onto adjacent property or toward buildings.

H. Lighting:  All lighting used to illuminate any off-street parking area shall be so installed as to be confined within and directed onto the parking area only.

J. Setbacks:  setbacks shall as stipulated for the districts in which the parking lot is located.  However, parking lots within a B-2 District shall meet the setback requirements of the B-3 Zoning District.

9-10B-1-3:  PARKING SPACES FOR HANDICAPPED PERSONS:

A. Specifications:  Parking spaces for physically handicapped persons shall be provided in accordance with the "Standard Specifications for Facilities for the Handicapped" (paragraph IVD) as published by the Department of General Services, Office of Supervising Architect and as authorized and enforced under Illinois Revised Statutes and shall be identified by signs as being reserved for physically handicapped persons.

B. Location:  Parking spaces for the physically handicapped shall be located as close as possible to walkways and entrances.

C. Signs:  Signs shall be provided, when necessary, indicating the direction of travel to an accessible entrance.

9-10B-1-4:  SCHEDULE OF PARKING REQUIREMENTS:  The minimum number of off-street parking spaces by type of use shall be determined in accordance with the following schedule except in the ED-1 Zone wherein the following schedule shall serve solely as a guideline and shall not be mandatory:

Residential
Use Number of Minimum Parking Spaces per Unit of Measure
Residential, one-family and two-family 1 1/2 for each dwelling unit
Residential, multiple-family 1 1/2 for each dwelling unit
Housing of the elderly 1 for each 3 units, and 1 for each employee.  Should units revert to general occupancy, 1 ½ spaces per unit shall be provided
Mobile Home Park 1 1/2 for each mobile home site and 1 for each employee of the mobile home park

Institutional
Church or Temple 1 for each 4 seats or 6 feet of pews in the main unit of worship
Hospital 1 for each 2 beds and 1 for each 2 employees and/or staff members
Home for the aged and convalescent home 1 for each 5 beds
Elementary school and junior high school 1 for each 1 teacher, employee or administrator and 1 space for each 10 students, in addition to the requirements of the auditorium
Senior high school 1 for each teacher, employee or administrator and 1 space for each 10 students, in addition to the requirements of the auditorium
Private club or lodge hall 1 for each 4 persons allowed within the maximum occupancy load as established by local, County or State Fire, Building or Health Codes.
Private golf club, swimming pool, tennis club or other similar use 1 for each two-member families or individuals, plus spaces required for each accessory use such as restaurant or bar.
Golf course open to the general public, except miniature or "par 3" course. 6 for each 1 golf hole and 1 for each 1 employee, plus spaces required for each accessory use such as a restaurant or bar.
Tennis club or other similar use 5 spaces per court, plus such spaces as may be required for affiliated uses such as restaurants.
Fraternity or Sorority 1 for each 5 permitted active members or 1 for each 2 beds, whichever is greater.
Stadium, sports arena or similar place of outdoor assembly 1 for each 3 seats or 6 feet of benches.
Theater and auditorium 1 for each 4 seats plus 1 for each 2 employees
Nursery school, day nursery or child care center 1 for each 350 square feet of usable floor space.

Business and Commercial:
Use Number of Minimum Parking Spaces per Unit of Measure
Planned Commercial shopping center One (1) for each two hundred fifty (250) square feet of usable floor space.
Auto wash (automatic) 1 for each 1 employee.  In addition, reservoir parking spaces equal in number to 5 times the maximum capacity of the auto wash shall mean the greatest number of automobiles possible undergoing some phase of washing at the same time which shall be determined by dividing the length in feet of the wash line by 20
Beauty parlor or barber shop 1 1/2 spaces for each barber or beauty char.
Dance hall, pool, billiard parlor, roller or skating rink, exhibition hall and hall without fixed seats 1 for each 2 persons allowed within the maximum occupancy load as established by local, County or State Fire, Building or Health Codes.
Establishment for sale and consumption on the premises or beverages, food or refreshments 1 for each 100 square feet of usable floor space or 1 for each 2 persons allowed withing the maximum occupancy load as established by local, County or State Fire, Building or Health Codes.
Furniture and appliance, household equipment, repair shop, showroom of a plumber, decorator, electrician or similar trade, shoe repair or other similar users 1 for each 800 square feet of usable floor area.  (for that floor area used for processing, 1 additional space shall be provided for each 2 persons employed therein.)
Gasoline service station 1 for each lubrication stall, rack or pit, and 1 for each gasoline pump
Laundromat and coin operated dry cleaner 1 for each 2 washing and/or dry-cleaning machines.
Miniature or "Par 3" golf course 3 for each 1 hole, plus 1 for each employee.
Mortuary establishment 1 for each 75 square feet of usable floor space.
Motel, hotel, or other Commercial lodging establishment 1 for each 1 occupancy unit, plus 1 for each employee
Motor vehicle sales and service establishment 1 for each 300 square feet of usable floor space of sales room, and 1 for each 1 auto service stall in the service room.
Retail stores, except as otherwise specified herein 1 for each 250 square feet of usable floor space.
 
Offices
Use Number of Minimum Parking Spaces per Unit of Measure
Banks 1 for each 200 square feet of usable floor space.
Banks, drive-in 1 for each employee.  In addition, reservoir waiting spaces at each service window or station shall be provided at the rate of 3 spaces for each window or station.  Each waiting space shall measure not less than 20 feet in length.
Business offices or usable professional offices, except as indicated in the following item 1 for each 250 square feet of usable floor space.
Professional offices of doctors, dentists or similar professions 1 for each 75 square feet of usable floor area in waiting rooms, and 1 for each examining room, room, dental chair or similar use area.

Offices
Use Number of Minimum Parking Spaces per Unit of Measure
Industrial or research establishments and related accessory offices 5 plus 1 for every 1 1/2 employees in the largest working shift.  Space on site shall also be provided for all construction workers during periods of plant construction.
Warehouses and wholesale establishments and related accessory offices 5 plus 1 for every 1 employee in the largest working shift, or 1 for every 1,700 square feet of usable floor space, whichever is greater.

9-10B-2:  OFF-STREET LOADING REGULATIONS AND REQUIREMENTS:  On the same premises with every building, structure or part thereof involving the receipt or distribution of vehicles or materials or merchandise, there shall be provided and maintained on the lot, adequate space for standing, loading and unloading in order to avoid undue interference with public use of dedicated rights of way.  Such space shall be provided as follows:

A. All spaces shall be provided as required in Section 9-9-1 of this Title, "Schedule of Regulations", under "Minimum Rear Yards" footnote (h), except as hereinafter provided for I Districts.

B. Within an I District, all spaces shall be laid out in the dimension of at least ten by fifty feet (10' x 50') or five hundred (500) square feet in area with a clearance of at least fourteen feet (14') in height.  Loading dock approaches shall be provided with a pavement having an asphaltic or Portland cement binder so as to provide a permanent, durable and dustless surface.  All spaces in I-1 and I-2 Districts shall be provided in the following ratio of spaces to floor area:

GROSS FLOOR AREA   LOADING AND UNLOADING SPACE
(IN SQUARE FEET)           REQUIRED          

0 - 1,400     None

1,401 - 20,000    1 space

20,001 - 100,000 1 space, plus 1 space for each 20,000 square feet in excess of 20,001 square feet.

100,001 and over    5 spaces

C. All loading and unloading in an I District shall be provided off-street in the rear yard or interior side yard and shall in no instance be permitted in a front yard.  In those instances where exterior side yards have a common relationship with an industrial district across a public thoroughfare, loading and unloading may take place in said exterior side yard when the setback is equal to at least fifty feet (50').

9-10B-3:  Enforcement:  The authority to enforce the provisions of the Off-Street Parking and Loading shall be the joint responsibility of the City of Pekin Inspections Department and the City of Pekin Police Department.  (Ord. No. 2422-OA 03-28-05)
 
CHAPTER 11

GENERAL ZONING EXCEPTIONS

SECTION:

9-11-1: Scope
9-11-2: Area and Bulk Regulations
9-11-3: Essential Services
9-11-4: Voting Place
9-11-5: Existing Residential Uses in B and I Districts
9-11-6: Television and Satellite Reception Devices
9-11-7: Wind Generators

9-11-1:  SCOPE:  The regulations in the Title shall be subject to the interpretations and exceptions provided in this Chapter.

9-11-2:  AREA AND BULK REGULATIONS:

A. Lot Area:

1.  Any lot existing and of record on the effective date hereof may be used for any principal use permitted, other than conditional uses for which special lot area requirements are specified in this Title, in the district in which such lot is located, whether or not such lot complies with the lot area and width requirements of this Title.  Such use may be made; provided, that all requirements other than lot area complied with, and provided, that not more than one dwelling unit shall occupy any lot except in conformance with the provisions of this Title for required lot area for each dwelling unit.

B. Yards:

1.   Modification to Yard Regulations:  When yard regulations cannot reasonably be complied with or where their application cannot be determined on lots of peculiar shape, topography or due to architectural or site arrangement, such regulations may be modified or determined by the Board of Appeals (See Section 9-12-1-2 of this Title).

2.   Projections into Yards:

a.   An open, unenclosed (with a roof only and no walls) porch or hard surface terrace may project into a rear yard for a distance not exceeding eight (8) feet, into the minimum rear yard setback

b.   Architectural features, not including vertical projections, may extend or project into a required side yard not more than four inches (4") for each one foot (1') of width of such side yard and may extend or project into a required front yard or rear yard not more than three feet (3').

3.   Access Through Yards:  For the purpose of this Title, access drives may be placed in the required front or side yards so as to provided access to rear yards or accessory or attached structures.  These drives shall not be considered as structural violations in front and side yards.  Further, any walk, terrace or other pavement servicing a like function and not in excess of nine inches (9") above the grade upon which placed shall, for the purpose of this Title, not be considered to be a structure and shall be permitted in any required yard.

C. Height Limits:  The height limitations of this Title shall not apply to farm buildings, chimneys, church spires, flagpoles, public monuments or wireless transmission towers; provided, however, that the Board of Appeals (See Section 9-12-1-2 of this Title) may specify a height limit for any such structure when such structure required authorization as a conditional use.

9-11-3:  ESSENTIAL SERVICES:  Essential services shall be permitted as authorized and regulated by law and other ordinances of the City, it being the intention hereof to exempt such essential services from the application of this Title.

9-11-4:  VOTING PLACE:  The provisions of this Title shall not be so construed as to interfere with the temporary use of any property as a voting place in connection with a Municipal or other public election.

9-11-5:  EXISTING RESIDENTIAL USES IN B AND I DISTRICTS:

A. Residences existing in B-1, B-2, B-3, I-1 and I-2 Districts shall not be considered as nonconforming uses for the purposes of remodeling or such residences.

B. Businesses or offices existing in I-1 and I-2 Districts shall not be considered as nonconforming uses for the purposes of remodeling or such offices or business buildings.

9-11-6:  TELEVISION AND SATELLITE RECEPTION AND DEVICES:  Television reception towers and satellite reception antennas shall be permitted in all districts, subject to the following conditions:

A. Television Reception Towers:  Television reception towers shall be located centrally on a continuous parcel of not less than one and one-half (1 1/2) times the height of the tower to a points on each property line and shall meet the following conditions:

1.   The height of television reception towers shall not exceed the following heights by district:

DISTRICTS     HEIGHT

R-1, R-2, R-3, R-3A,    25 feet
R-4, R-T, RM-1, RM-2,
OS-1, and B-1

RM-3      35 feet

B-2, I-1 and AG    75 feet
(governed by the first
paragraph of this subsection A)

2.   The construction of the tower shall meet all applicable Building Codes and ordinances of the City.  (See Title 7 of this Code.)

B. Satellite Reception Antennas:  A satellite reception antenna may be permitted as an accessory use in any district subject to the following conditions:

1.   Roof-Mounted Antennas:

a.   Residential Districts:

(1) Satellite reception antenna shall be mounted directly upon the roof of the main or accessory building and shall not be upon appurtenances such as chimneys and towers.

(2)  Satellite reception antenna shall not exceed a height of more than three feet (3') above the roof on which it is mounted, and in no instance shall such antenna exceed the height limit of the district nor shall such antenna be located on the street side of such roof.

b.   Nonresidential Districts:  Satellite reception antenna shall not exceed the maximum height of structure requirements for the district in which it is located.

2.   Ground-Mounted Antennas:

a.   Residential Districts:

(1)  Satellite reception antenna shall not be constructed in any front or side yard.

(2)  Satellite reception antenna, including its concrete base slab or other substructure, shall be constructed not less than ten feet (10') from any property line.

(3)  Satellite reception antenna shall be constructed with appropriate landscaping to reasonably conceal said satellite reception antenna from view.  Planting shall be completed before final approval by the Building Inspector.

(4)  Satellite reception antenna shall not exceed a height of fourteen feet (14').

b.   Nonresidential Districts:

(1)  Satellite reception antenna, including its concrete base slab or other substructure, shall not be constructed less than five feet (5') from any property line.

(2)  Satellite reception antenna located on properties abutting a residential district shall be appropriately landscaped to reasonably conceal such antenna from the abutting residential district.

3.   Mobile Units:  Satellite reception antenna mobile units utilized for sales demonstrations may be granted temporary permits for periods not to exceed seventy two (72) hours by the Building Inspector.  Such units shall be located in accord with locational requirements for a permanent installation or as nearly thereto as possible.  In those instances where a front yard installation may be required, such temporary installation shall not be permitted to exceed a twenty four (24) hour period.  Locations for temporary installation shall be established prior to issuance of a permit for such installation.

4.  Electrical Requirements:  All satellite reception antennas shall be grounded, and in the case of ground-mounted antennas, wiring between the antenna and the receiver shall be placed at least four inches (4") beneath the surface of the ground.

9-11-7: WIND GENERATIONS:  Wind generators may be permitted in rear yards when the following conditions are met:

A. Height:  The highest point of any portion of the generator shall not exceed thirty five feet (35') above the average grade of the lot.

B. Location:  The generator device shall be placed no closer to any side or rear lot line than the total distance between the grade of the lot at the base of the tower and the highest point of any portion of the generator.

C. Size:  The maximum diameter formed by a circle encompassing the outer-most portions of the blades or other wind-activated surfaces shall not exceed thirty percent (30%) of the distance between the ground and the highest point of any portion of the wind generator.  The generator shall be so located that no portion of the structure would penetrate the vertical plane of any adjacent property line if it were to topple over in its normal assembled configuration.

D. Construction Requirements:  The construction of the tower, blades, base structure, accessory building and wiring shall meet all applicable local Building Codes and Ordinances (See Title 7 of this Code).
 
CHAPTER 12

ADMINISTRATION AND ENFORCEMENT

SECTION:

9-12-1:  Administration and Enforcement Officials
9-12-1-1: Building Inspector
9-12-1-2: Board of Appeals
9-12-2:  Permits
9-12-3:  Certificates of Occupancy
9-12-4:  Site Plan
9-12-5:  Final Inspections
9-12-6:  Amendments
9-12-7:  Fees
9-12-8:  Penalties

9-12-1:  ADMINISTRATION AND ENFORCEMENT OFFICIALS:

9-12-1-1:  BUILDING INSPECTOR:

A. Police Powers:  The provisions of this Title shall be administered and enforced by the Building Inspector or by such deputies of his Department as the Building Inspector may delegate to enforce the provisions hereof and they shall have general police power for the purpose of enforcing this Title.

B. Powers and Duties:

1.   The Building Inspector shall have the power to grant zoning compliance and occupancy permits and to make inspections of buildings or premises necessary to carry out his duties in the enforcement of this Title.  It shall be unlawful for the Building Inspector to approve any plans or construction until he has inspected such plans in detail and found them to conform herewith.

2.   The Building Inspector shall record all nonconforming uses existing at the effective date hereof for the purpose of carrying out the provisions of Chapter 10, Article A of this Title.

C. Limitations and Conditions:

1.   Under no circumstances is the Building Inspector permitted to make changes to this Title nor to vary the terms of this Title in carrying out his duties as Building Inspector.

2.   The Building Inspector shall not refuse to issue a permit when conditions imposed by this Title are complied with by the applicant despite violations of contracts such as covenants or private agreements which may occur upon the granting of said permit.

9-12-1-2:  BOARD OF APPEALS:

A. Board Created; Members; Organization:

1.   Board Created; Members:  There is hereby established a Board of Appeals for the City which shall consist of seven (7) members.  One of said members shall be designated chairman by a majority vote of the members of said Board of Appeals.  An assistant chairman shall also be designated by a majority vote of said members.

2.   Appointment and Terms:  The members of the Board of Appeals shall be appointed by the Mayor, subject to confirmation by the City Council.  Said members shall serve for terms of three (3) years or until their successors are appointed and qualified.  The terms of the Board of Appeals shall be staggered.

The Chairman and assistant chairman of the Board of Appeals shall serve for terms of three (3) years or until their terms in office as members of the Board of Appeals are terminated for any reason whatsoever.  A person may not serve more than three (3) years in succession as chairman of the Board of Appeals.

3.   Compensation; Removal From Office:  The members of the Board of Appeals shall serve without compensation, except the chairman shall be paid mileage when traveling on business for the Board of Appeals.  The Mayor and City Council shall have the power to remove any member of the Board of Appeals for cause and after a public hearing; provided, however, a Board member that misses more than four(4) meetings in a calendar year will be automatically removed from the Board, and a new member shall be appointed by the Mayor, as provided for in Section 9-12-1-2-A-4 hereof.

4.   Vacancies in Office:  Any vacancies on the Board of Appeals shall be filled by appointment by the Mayor, subject to the approval of the City Council, for the unexpired term of the member whose place has become vacant.

5.   Organization:

a.   Meetings:  Meetings of the Board of Appeals shall be held at such time and place within the City as the Board of Appeals may determine from time to time.  Special meetings may be held at the call of the chairman or as determined by a majority vote of the Board of Appeals.  The chairman or, in his absence, the acting chairman may administer oaths and compel attendance of witnesses.  All meetings of the Board of Appeals shall be open to the public.

b.   Minutes and Records:  The Board of Appeals shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating that fact and shall also keep records of its examinations and other official actions.

c.   Quorum:  No hearing or meeting shall be conducted without a quorum of the Board of Appeals being present which shall consist of a majority of all the members.  The Chairman or assistant chairman shall be entitled to vote on all matters before the Board of Appeals.

d.   Rules of Procedure:  The Board of Appeals may adopt its own rules of procedure for the conduct of its business.

B. Jurisdiction:  The Board of Appeals shall not have the power to alter or change the zoning district classification of any property nor to make any change in the terms of this Title but does have power to act on those matters where this Title provides for an administrative review, interpretation and to authorize a variance as defined in this subsection and laws of the State of Illinois.  Said powers include:

1.   Administrative Review:  To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building Inspector or any other administrative official in carrying out or enforcing any provisions of this Title.

2.   Exceptions and Special Approvals:  To hear and decide, in accordance with the provisions of this Title, requests for exceptions, for interpretations of the zoning map and for decisions on special approval situations on which this Title specifically authorizes the Board to pass.  Any exception or special approval permit shall be subject to such conditions as the Board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of this Title.

3.   Variances:  To authorize, upon an appeal, a variance from the strict applications of the provisions of this Title where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the effective date hereof or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property; provided, that such relief detriment to the public good and without substantially impairing the intent and purpose of this Title.  In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed variance of this Title.  In granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance. 

In hearing and deciding appeals, the Board of Appeals shall have the authority to grant such variances therefrom as may be in harmony with their general purpose and intent so that the function of this Title be observed, public safety and welfare secured and substantial justice done, including the following:

a.   Interpret the provisions of this Title in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map, fixing the use districts, accompanying and made part of this Title, where street layout actually on the ground varies from the street layout as shown on the map aforesaid unless such action constitutes a change in a district boundary.  This shall be reserved to the City Council.

b.   Permit the erection and use of a building or use of premises for public utility purposes and make exceptions therefor to the height and bulk district requirements herein established which said Board considers necessary for the public convenience or welfare.

c.   Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.

d.   Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape or so located with relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification.

After any application for a variance has been denied by the Board of Appeals, no new application or petition for a variance touching upon the same subject matter may be presented to or considered by the Board of Appeals within six (6) months after said denial.

C. Appeals to the Board:

1.   Authority:  Appeals to the Board may be taken by any person aggrieved or by an officer, department, board or bureau of the City.

2.   Initiation and Filing:  Such appeal shall be taken twenty (20) days from the date of the action appealed from by filing with the Building Inspector and with the Board of Appeals a notice of appeal, specifying the grounds thereof.  The Building Inspector shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board, after the notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property.

3.   Hearing and Decisions:  The Board of Appeals shall fix a reasonable time for hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time.  The Board may reverse or affirm, wholly or partly, or may modify the use, requirement, decision or determination as, in its opinion, ought to be made on the premises.

D. Standards:  Each case before the Board of Appeals shall be considered as an individual case and shall conform to the detailed application of the following standards in a manner appropriate to the particular circumstances of such case.  All uses as listed in any district requiring Board approval for a permit shall be of such location, size and character that, in general, it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts.  The Board shall give consideration to the following:

1.   The location and size of the use.

2.   The nature and intensity of the operations involved in or conducted in connection with it.

3.   Its size, layout and its relation to pedestrian and vehicular traffic to and from the use.

4.   The assembly of persons in connection with it will not be hazardous to the neighborhood or be incongruous therewith or conflict with normal traffic of the neighborhood.

5.   Taking into account, among other things, convenient routes of pedestrian traffic, particularly of children.

6.   Vehicular turning movements in relation to routes of traffic flow, relation to street intersections, sight distance and the general character and intensity of development of the neighborhood.

7.   The location and height of buildings, the location, nature and height of walls, fences and the nature and extent of landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

8.   The nature, location, size and site layout of the uses shall be such that it will be a harmonious part of the district in which it is situated taking into account, among other things, prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationship of one type of use to another.

9.   The location, size, intensity and site layout of the use shall be such that its operation will not be objectionable to nearby dwellings, by reason of noise, fumes or flash of lights to a greater degree than is normal with respect to the proximity of commercial to residential uses nor interfere with an adequate supply of light and air nor increase the danger of fire or otherwise endanger the public safety.

E. Request For Legal Opinion:  Where a legal opinion is requested of the Corporation Counsel on a matter of interpretation of this Title in regard to a matter being heard by the Board, such opinion shall be binding upon said Board.

F. Effect of Board Decisions:

1.   No order of the Board of Appeals permitting the erection or alteration of a building shall be valid for a period longer than one year unless a building permit for such erection or alteration is obtained within such period, and such erection or alteration is commenced and proceeds to completion in accordance with the terms of such permit.

2.   No order of the Board of Appeals permitting a use of a building or premises shall be valid for a period longer than one year unless such use is established within such period; provided, however, that if the use of such permit is dependent upon the erection or alteration of a building, such order shall continue in full force and effect if a building permit for such use, erection or alteration is obtained within such period and such erections or alterations are commenced and proceed to completion in accordance with the terms of such permit.

G. Appeals from Board Decisions:  All final administrative decisions of the Board of Appeals rendered under the terms of this Title shall be subject to judicial review pursuant to the provisions of the "Administrative Review Act" approved May 8, 1945, and all amendments thereof and the rules adopted pursuant thereto (735 ILCS 5/13-101 et seq.)

9-12-2:  PERMITS:  The following shall apply in the issuance of any permit:

A. Compliance With Provisions:  No building permit shall be issued for the erection, alteration or use of any building or structure or part thereof or for the use of any land which is not in accordance with all provisions of this Title.

B. Certificates Required for Certain Permits:

1.   No land heretofore vacant shall hereafter be used or an existing use of land be hereafter changed to a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

2.   No building or structure or part hereof shall be changed to or occupied by a use of a different class or type unless a certificate of occupancy is first obtained for the new or different use.

C. Permits Required:  No building or structure or part thereof shall be hereinafter erected, altered, moved or repaired unless a building permit shall have been first issued for such work.  The terms "altered" and "repaired" shall include any changes in structural parts, stairways, type of construction, type, class or kind of occupancy; light or ventilation, means of egress and ingress or other changes affecting or regulated by the City Building Code, Housing Law or this Title, except for minor repairs or changes not involving any of the aforesaid features.

9-12-3:  CERTIFICATES OF OCCUPANCY:  No land, building or part thereof shall be occupied by or for any use unless and until a certificate of occupancy shall have been issued for such use.  The following shall apply in the issuance of any certificate:

A. Compliance With Provisions:  No certificates of occupancy shall be issued for any building, structure, or part thereof, or for the use of any land which is not in accordance with all the provisions of this Title.

B. Certificate Required:  No building or structure, or parts thereof, which is hereafter erected or altered shall be occupied or used or the same caused to be done unless and until a certificate of occupancy shall have been issued for such building or structure.  A certificate of occupancy shall be required for any change in use of a building, structure or land.

C. Application of Building Certificate to Zoning:  Certificates of occupancy as required by the City Building Code for new buildings or structures, or parts thereof, or for alterations to or changes of use of existing buildings or structures shall also constitute certificates of occupancy as required by this Title.

D. Existing Buildings:  Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if, after inspection, it is found that such buildings, structures or parts thereof or such use of land are in conformity with the provisions of this Title.

E. Dwelling Accessory Buildings:  Buildings or structures accessory to dwellings shall not require separate certificates of occupancy but may be included in the certificate of occupancy for the dwelling when shown on the plot plan and when completed at the same time as such dwellings.

F. Application for Special Certificate of Occupancy.

1. Where the provisions of this Ordinance have been substantially but not fully complied with and such building, structure or use of the land cannot be immediately brought into full compliance with this Ordinance due to reasons of a temporary nature which is (are) beyond the control of the applicant (e.g. inclement weather) and any delay in the issuance of a Certificate of Occupancy would result in serious injury to an applicant, the Building Inspector may, after inspection, issue a Special Certificate of Occupancy before the applicant has fully complied with all of the provisions of this Ordinance.

2. As a further condition of receiving a Special Certificate of Occupancy, every applicant shall place with the inspections Department a certified or a cashiers check, or cash, in the full amount of the work that is to be completed.  The amount of value shall be determined by the Building Inspector or Code Enforcement Officer.  Every applicant shall further grant to the City permission and right of access to enter into the subject building or structure and onto the subject land in order to permit the City to ameliorate conditions caused or related to applicant’s failure to complete work or make reasonable progress toward the completion of work so as to bring the structure, building or land into full compliance pursuant to the Special Certificate of occupancy issued hereinabove.  Said permission shall become effective immediately on the date of issuance of the Special Certificate of occupancy and shall be of sufficient duration to permit the City to bring the building, structure or land into full compliance with the Special Certificate to the protection of the public and public right-of-ways.  A Special Certificate shall not be longer than one hundred twenty (120) days.
 
3. Once the Building Inspector has determined that the structure, building or land for which the Special Certificate of Occupancy was issued is in full compliance under the provisions of this Ordinance within the time specified in the Special Certificate of Occupancy, the Special Certificate of Occupancy shall automatically expire and a Certificate of Occupancy shall be issued.  All checks or cash held by the City shall be refunded at the time a Certificate of Occupancy is issued.

4. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and cause thereof within the aforesaid five (5) day period.

G. Records Kept:  A record of all certificates issued shall be kept on file in this office of the Building Inspector, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the property involved.

9-12-4:  SITE PLAN (See also Section 9-10-14 of this Title):  The Building Inspector shall require that all applications for building permits shall be accompanied by plans and specifications including a site plan, in triplicate, drawn to scale, showing the following:

A. The actual shape, location and dimensions of the lot.

B. The shape, size and location of all buildings or other structures to be erected, altered or moved and of any building or other structures already on the lot.

C. The existing and intended use of the lot and of all such structures upon it including, in residential area, the number of dwelling units the building is intended to accommodate.

D. Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this Title are being observed.

9-12-5:  FINAL INSPECTIONS:  The holder of every building permit for the consideration, erection, alteration, repair or moving of any building, structure or part thereof shall notify the Building Inspector immediately upon the completion of the work authorized by such permit for a final inspection.

9-12-6:  AMENDMENTS:

A. Authority:  The City Council may from time to time amend, supplement or change by ordinance the boundaries of districts or regulations herein established.  Any amendment, supplement or change shall first be submitted to the Planning Commission for its recommendation and report.

B. Public Hearing:  No such ordinance shall be adopted until after a duly advertised public hearing is held by the Planning Commission as prescribed by statute.  Within a reasonable time after the hearing, the Planning Commission shall make a report to the City Council.

The City Council shall not be required to take action for the conduct of a hearing on petition by property owners to amend, supplement or change the boundaries of districts or regulation herein established or to reclassifying any property, but whenever the owners of fifty percent (50%) or more of the street frontage in any block shall present to the City Council a petition duly signed and acknowledged requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for the zoning maps, including said district or specified part thereof, it shall be the duty of the City Council to refer said petition to the Planning Commission to hold a hearing thereon as provided by statute.

C. Deposit Required:  Before any action shall be taken as provided in this Section, the party or parties petitioning for a change shall deposit with the Director of Finance the sum of seventy five dollars ($85.00) to cover the approximate cost of this procedure, and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law.

D. Conditions for Reapplication:  After any application for rezoning of any parcel or tract of land within the City has been denied by the City Planning Commission and/or the City Council, no new application or petition for a rezoning of the same parcel or tract seeking the same use that was denied in the previous application shall be considered within six (6) months after said denial unless the new application or petition clearly indicates a change in circumstance, condition or ownership.

9-12-7:  FEES:  Fees for inspection and the issuance of permits or certificates or copies thereof required or issued under the provisions of this Title may be collected by the Building Inspector in advance of issuance.  The amount of such fees shall be established by resolution of the City Council and shall cover the cost of inspection and supervision resulting from enforcement of this Title.

9-12-8:  Any petition for a variance or interpretation of the code requested from the Pekin Zoning Board of Appeals, will be filed with the Zoning and Inspection Department, accompanied by a fee of $85.00, payable to the City of Pekin.

9-12-9:  PENALTIES:  Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Title shall be subject to penalty as provided in Section 1-4-1 of this Code.

CHAPTER 13

TELECOMMUNICATIONS TOWER AND EQUIPMENT

SECTION:

9-13-1:  Short Title
9-13-2:  Purpose
9-13-3:  Definitions
9-13-4:  Collection Requirements
9-13-5:  Tower Construction Requirements
9-13-6:  Tower and Antenna Design Requirements
9-13-7:  Tower Setbacks
9-13-8:  Tower Height
9-13-9:  Tower Lighting
9-13-10: Advertising Fences for Towers
9-13-11: Signs and Advertising
9-13-12: Accessory Utility Buildings
9-13-13: Abandoned or unused Towers or Portions of Towers
9-13-14: Interference with Public Safety Telecommunications
9-13-15: Application Materials
9-13-16: Conflict and Severability

9-13-1:  SHORT TITLE:  This code shall be known as the Telecommunications Tower and Equipment Code of the City of Pekin, Illinois, and may be so cited and pleaded and shall be referred to herein as the Code.

9-13-2:  PURPOSE: The primary intent of this Code is to regulate telecommunications towers and equipment to be located within the City of Pekin.  Therefore, the purpose of this Code shall be to:

A. Comply with all federal and state regulations regarding the placement, use, and maintenance of telecommunications towers and equipment.

B. Encourage the continued improvement of wireless telecommunications service in the City.

C. Minimize, to the extent permitted by law, the proliferation of unsightly towers and Equipment throughout the City.

D. Promote both property maintenance and renovation of telecommunications equipment.

E. Encourage the use of collocation of telecommunications towers by multiple providers so as to reduce the number of towers needed within the City.

F. Ensure that these regulations are compatible with the zoning regulations.

G. Recognize the commercial communication requirements of all sectors of the business and residential community.

9-13-3:  DEFINITIONS:  The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

Antenna - any structure or device not exceeding 20 feet in height which is used for the purpose of collecting or transmitting electromagnetic waves, including, but not limited to, directional antennas, such as panels, microwave dishes, and satellite dishes and omni directional antennas, such as whip antennas.

Attached Wireless Communication Facility (Attached WCF) - An Attached WCF is an Antenna that is attached to an existing building or structure, which structures shall include but not be limited to utility poles, signs, water towers, with any accompanying pole or device which attaches the Antenna to the existing building or structure and associated connection cables, and an accessory building which may be located either inside or outside of the Attachment Structure.

Collocation/Site Sharing - Collocation/Site Sharing shall mean use of a common WCF or common site by two or more wireless license holders or by one wireless license holder for more than one type of communications technology and/or placement of a WCF on a structure owned or operated by a utility or other public entity.

Commercial wireless telecommunication services - licensed commercial wireless telecommunication services, including cellular, personal communication services (PCS), specialized mobilized radio (SMR), enhanced specialized mobilized radio (ESMR), paging, and similar services that are marketed to the general public.

Support Structure - A Support Structure is a structure designed and constructed specifically to support an Antenna , and may include a monopole, self supporting (lattice) tower, guy-wire-support tower and other similar structures.  Any device which is used to attach an Attached WCF to an existing building or structure shall be excluded from the definition of Support Structures.

Tower - any ground or roof-mounted pole, spire, antenna, structure, or combination thereof, taller than 15 feet, including supporting lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device, or similar apparatus above grade.

Tower, Multi-User - a tower to which is attached the antennas of more than one commercial wireless telecommunication service provider or governmental entity.

Tower, Single-User - a tower to which is attached only the antennas of a single-user, although the tower may be designed to accommodate the antennas of multiple users as required in this Code.

Wireless Communications - Wireless Communications shall mean any personal wire-less services as defined in the Telecommunications Act of 1996, which includes FCC licensed commercial wireless telecommunications services including cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), paging, and similar services that currently exist or that may in the future be developed.

Wireless Communication Facility (WCF) - A WCF is any unstaffed facility for the transmission and/or reception of wireless telecommunications services, usually consisting of Antenna connection cables, an accessory building, and a Support Structure to achieve the necessary elevation.

9-13-4:  COLLOCATION REQUIREMENTS:  All commercial wireless telecommunication towers erected, constructed, or located within the City shall comply with the following requirements:

A. A proposal for a new commercial wireless telecommunication service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or previously approved tower or building,  particularly on publicly owned  land within a one-half  (½) mile search radius of the proposed tower due to one or more of the following reasons:

1. The planned 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 equipment at a reasonable cost.

2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at a tower or building as documented by a qualified and licensed professional engineer and interference cannot be prevented at a reasonable cost.

3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to function reasonably as documented by a qualified and licensed professional engineer.

4. The fees, costs, or contractual provisions required by the owner in order to share  an existing tower or structure to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

5. Other unforeseen reasons that make it unfeasible to locate the planned telecommunications equipment upon an existing or approved tower or building.

B. Any proposed commercial wireless telecommunication service tower shall be designed, structurally, electrically, and in all respects to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the tower is over one hundred  (100)  feet in height, or for at least one additional user if the tower is over sixty (60) feet in height.  Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

C. The following sites shall be considered by applicants as the preferred order to location of proposed wireless facilities including antenna(e), equipment, and accessory buildings.  As determined feasible, and in order of preference, the sites are:

1.   Existing Broadcast, Relay Towers and Water Tanks, Roof Tops and Attachments to existing structures.

2.   Public Structures and Sites: Attached to existing public facilities such as utility properties, fire stations, parks, and other public assets within non- residential zoning districts.

3.   Industrial Zones

4.   Business Sites/Zones

5.   Office Zones

6.   Residential Zones

9-13-5:  TOWER CONSTRUCTION REQUIREMENTS:

A. Permits

1. It shall be unlawful for any person, firm, or corporation to erect, construct in a place, place or re-erect, replace or repair any tower without first making application to the City and securing a permit therefore as hereinafter provided.

2. The applicant shall provide, at the time of application sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will not create a safety hazard or damage to the property of other persons.

3. The applicant shall provide written certification from a licensed engineer that the provision of commercial wireless communication services would be prohibited unless a tower is constructed at or near the location requested.

B. Fee The applicant shall pay a building permit fee in the amount of $2,500.00 for any new towers and $1,000.00 for any new collocations.  (Ord. No. 2617-OA-09/10 04-26-10)

C. Construction Requirements.  All antennas and towers erected, constructed, or modified  within the City, and all wiring therefore, shall comply with the following requirements:

1. All applicable provisions of the City of Pekin Municipal Code.

2. The tower shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the International Building Code and the Electronics Industry Association. (Ord. No. 2617-OA-09/10 04-26-10)

3. With the exception of necessary electric and telephone service connection lines, no part of any antenna or tower, nor any lines, cable, equipment or wires or braces in connection with either, shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk or property line.

4. Towers and associated antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code.

5. All signal and remote control conductors of low energy extending substantially horizontally above the ground between a tower and antenna and a structure, or between towers, shall be at least eight (8) feet above the ground at all points unless buried underground.

6. Every tower affixed to the ground shall be protected to discourage climbing of the tower by unauthorized persons.

7. All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration.

8. Antennas and towers shall not be erected in Residential Zoning Districts in violation of the following restrictions:

(a) Notwithstanding the general provisions of this Code, and the applicable provisions of Title 9 relating to zoning, the required setback for an antenna or tower attached directly to the ground, shall be equal to one-half the height of the antenna and tower.  Those antennas and towers attached to a  building and whose base is not on the ground may be constructed, if setback a distance equal to one-half the height of the tower, less the distance from the point of attachment on the building to the ground.

(b) No tower shall exceed a height equal to the distance from the base of the antenna and tower to the nearest overhead electrical power line which serves more than one dwelling or place of business.  Those antennas and towers originally attached to a building, and whose base is not on the ground, shall not exceed an overall height from the point of attachment to the top of tower which is greater than the distance from the point of attachment to the nearest overhead electrical power line serving more than one dwelling or business.

(c) Metal towers shall be constructed of, or treated with, corrosive resistant material.  Wood poles shall be impregnated with rot-resistant substances.

(d) The applicant will provide a written statement from a licensed engineer certifying that the applicant will be prohibited from providing commercial wireless telecommunication services unless a tower is constructed in a residential zoning district.

(e) The applicant must request approval of a Special Use from the Pekin Planning Commission/Pekin City Council,  for placement of a tower in all residential zoning districts or at any site of which the tower is situated within 500' (five-hundred feet) or less from any residential district.

(f) For municipal properties, attached WCFs and new support structures should be allowable with approved building permit and necessary agreements.

D. Existing Antennas and Towers.  Antenna and towers in existence as of August 1, 1997 which do not conform to or comply with this Code are subject to the following provisions:

1. Towers may continue in use for the purpose used and as existing on August 1, 1997, but my not be replaced or structurally altered without complying in all respects with this Code; provided, however, an existing tower in a residential district may be enlarged to a total height of no more than one hundred seventy-five feet (175') if the following conditions are satisfied:

(a) No part of the tower or its appurtenances is within three hundred feet (300') of any residential structure; and

(b) A special use permit is obtained as provided in this Code.

2. If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location, and physical dimensions upon obtaining a building permit therefor, but without otherwise complying with this section; provided, however, that if the cost of repairing the tower to the former use, physical dimensions, and location would be 10% or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored, except in full compliance with this Code.

9-13-6:  TOWER AND ANTENNA DESIGN REQUIREMENTS:  Proposed or modified towers and antennas in all zoning districts shall meet the following design requirements:

A. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities, such as the Federal Aviation Administration.  For the purpose of this subsection, camouflaging architectural treatment shall consist of disguising the applicable tower as an object which would otherwise be fully consistent with the surrounding area, such as a tree, church steeple, or building spire, as appropriate.  The camouflaging shall disguise the existence of the tower, while retaining the natural or improved appearance of the surrounding area, to the maximum extent possible.

B. Commercial wireless telecommunication service towers shall be of a monopole design unless the Planning Commission determines that an alternative design would better blend into the surrounding environment.

9-13-7:  TOWER SETBACKS:  Towers shall conform with the following minimum setback requirement.

A. Towers shall meet the setback requirements of buildings found in the underlying zoning district unless otherwise specified herein.

B. Residential Zoning Districts: Towers shall meet the setback requirements provided in Section 9-13-5-C-8.

1. Attached WCFs are exempt from any setback standards beyond those of the structure upon which WCF is attached.  An Attached WCF Antenna may extend up to five feet horizontally beyond the edge of the Attachment Structure so long as the Antenna does not encroach upon an adjoining parcel.

2. Minimum setback for WCFs with support structures shall be as follows:

AG/Industrial Zone:   20 feet front
10 feet side
10 feet rear

Office Zone:   25 feet front
25 feet side
25 feet rear

Business Zone  25 feet front
15 feet side
15 feet rear

Residential Zone  See: Section 9-13-5-C-8

9-13-8:  TOWER HEIGHT:  Towers placed within any residential district shall not exceed seventy-five (75) feet in height from existing grade.  Towers placed within any Industrial, Business, or Office Districts shall not exceed one hundred seventy-five (175) feet in height from existing grade or, if attached to an existing building, two hundred (200) feet less the distance from the existing grade to the point of attachment.

A variation to this height requirement may be granted by the Zoning Board of Appeals after receiving an application therefore and holding a public hearing at a regularly scheduled meeting.   A variation from the height requirement in this section shall be granted by the Zoning Board of appeals only if the applicant establishes by clear and convincing evidence that it will be unable to provide wireless communication services without such a variation.  Under no circumstance shall a tower be erected to a height greater than that required to provide wireless communication services.

9-13-9:  TOWER LIGHTING:  Towers shall not be illuminated by artificial means and shall not display any strobe or flashing lights unless such lighting is required by the Federal Aviation administration or other federal or state authority for a particular tower.

9-13-10:  ADVERTISING FENCES FOR TOWERS:  ANY tower exceeding 50" (fifty feet) in height shall be fenced with a 6' 0" fence.  All fencing shall meet the requirements of Section 9-9-1 of the City of Pekin Zoning Ordinance.

9-13-11:  SIGNS AND ADVERTISING:  Signs no larger than six (6) square feet may display warning or equipment information and may be placed on towers.  All other signs, including signs used for advertising purposes, are prohibited.

9-13-12:  ACCESSORY UTILITY BUILDINGS:  All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment.  Further, such buildings shall meet minimum setback requirements of the underlying zoning district.  Ground mounted equipment shall be screened from view by suitable vegetation and/or landscaping, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding area, in which case, such non vegetative screening shall be utilized.

9-13-13:  ABANDONED OR UNUSED TOWERS OR PORTIONS OF TOWERS:  Abandoned or unused towers or portions of towers shall be removed as follows:

A. All abandoned or unused towers and associated facilities shall be removed within twelve (12) months of the cessation of operations.  A copy of the relevant portions of a signed lease which requires the applicant to remove the tower and associated facilities upon cessation of operations at the site shall be submitted at the time of application.  In the event that a tower is not removed in a timely manner as provided herein, the tower and associated facilities may be removed by the City and the cost of removal assessed against a bond or other financial security as provided under Section 9-13-15 (e) (5) of this Ordinance.

B. Unused portions of towers above utilized communications or other electrical equipment shall be removed within six (6) months of the time of antenna relocation.  The replacement of portions of a tower previously removed requires the issuance of a new building permit and special use permit as applicable.

9-13-14:  INTERFERENCE WITH PUBLIC SAFETY TELECOMMUNICATIONS:  No new or existing telecommunication service shall interfere with public safety telecommunications.  All applications for new service shall be accompanied by an intermodulation study which provides a technical evaluation of existing and proposed transmissions and indicates all potential interference problems.  Before the introduction of new services or changes in existing service, telecommunication providers shall notify the City at least ten (10) calendar days in advance of such changes and allow the City to monitor interference levels during the testing process.

9-13-15:  APPLICATION MATERIALS:  All development applications for towers shall include written documentation evidencing compliance with each provision of this Code as well as the applicable zoning regulations in addition to the following supplemental information:

A. A report from a qualified and licensed professional engineer which:

1. Describes the tower height and design, including a cross section in elevation;

2. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas;

5. Describes the tower’s capacity, including the number and type of antennas that it can accommodate;

4. Documents what steps the applicant will take to avoid interference with established public safety telecommunications;

5. Includes an engineer’s stamp and registration number;

6. Includes other information necessary to evaluate the request.

B. Architectural drawings depicting the constructed tower with camouflaging treatment set in the surrounding area.  These drawings shall include at least one perspective from the North, South, East, and West.

C. An overhead map of the site showing a one mile radius of the subject tower’s location,  as well as the location of each of the applicant’s existing and planned future tower sites.

D. For all commercial wireless telecommunication service towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use.

E. Before the issuance of a building permit, the following supplemental information shall be provided:

1. Proof that the proposed tower complies with regulations administered by the Federal Aviation Administration; and

2. Proof that the proposed tower complies with the emission standards promulgated by the Federal Communications Commission and ANSI and IEEE; and

3. Report from a qualified and licensed professional engineer which demonstrates the tower’s compliance with the aforesaid structural and electrical standards.

4. Proof of technological evidence which indicates that the height of the tower requested is the minimum necessary to fulfill the cell site’s function. 

5. Proof of bond or financial security sufficient to provide for cost of removal in the case of abandonment as described within section 9-13-13 (a) and (b) of this Ordinance.

9-13-16:  CONFLICT AND SEVERABILITY: 

A. Conflict:  If any portion of this Code is found to be in conflict with any other provision of any zoning, building, fire safety, or other ordinance of the Code of the City, the provision which establishes the higher standard shall prevail.

B. Severability:  If any section, subsection, sentence, clause or phrase of this Code or its application to any person or circumstance is held invalid by the decision of any court or administrative tribunal of competent jurisdiction, the remainder of this Code, or the application of the provision to other persons or circumstances is in effect and shall remain in full force and effect.